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HomeMy WebLinkAbout10-23-2024 AgendaPlanning Commission Meeting October 23, 2024 - 6:30 P M Special Meeting - City Hall Council Chambers A GE NDA I .P UB L I C PART I C IPAT IO N A .P ublic P articipation I nformation The City of A uburn S pecial Planning Commission Meeting scheduled for Wednesday, October 23, 2024, at 6:30 p.m., will be held in-person and virtually. To attend the meeting virtually, please click one of the links below, or call into the meeting at one of the phone numbers listed: J oin Z oom Meeting https://us06web.zoom.us/j/7999102307 Meeting I D: 799 910 2307 One tap mobile +12532158782,,7999102307# US (Tacoma) +12532050468,,7999102307# US Dial by your location • +1 253 215 8782 US (Tacoma) • +1 253 205 0468 US • 888 475 4499 U S Toll-free • 877 853 5257 US Toll-free Meeting I D: 799 910 2307 Find your local number: https://us06web.zoom.us/u/kbL sn6aJ 7H I I .C AL L T O O RD E R A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM B .P L E D G E O F AL L E G I ANC E I I I .P UB L I C C O M M E NT Comment from the audience on any proposal for action by the Commission. I f the comment is related to an action subsequently listed here as a public hearing, the comment should be provided at the time of the public hearing. I V.AP P RO VAL O F M INUT E S A .S eptember 17, 2024 Minutes from the P lanning Commission Meeting V.P UB L I C HE ARI NG S Page 1 of 1253 A .P roposed Amendments to Title 18 (Teague) P lanning Commission deliberation and action on the proposed changes to Title 18 Zoning, and Title 17 to implement the P eriodic Comprehensive P lan Update. B .A nnual A mendments (Clark) S taff to present annual amendments to the Comprehensive P lan. Planning Commission deliberation and action on the annual amendments. V I .AD J O URNM E NT The City of Auburn Planning Commission is a seven member advisory body that provides recommendations to the Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning. Planning Commissioners are appointed by the Mayor and confirmed by the City Council. Actions taken by the Planning Commission, other than approvals or amendments to the Planning Commission Rules of Procedure, are not final decisions; they are in the form of recommendations to the city council which must ultimately make the final decision. Page 2 of 1253 AGENDA BILL APPROVAL FORM Agenda Subject: September 17, 2024 Minutes from the Planning Commission Meeting Date: October 10, 2024 Department: Community Development Attachments: September 17, 2024 Draft Minutes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Teague Meeting Date:October 23, 2024 Item Number: Page 3 of 1253 Planning Commission Meeting September 17, 2024 - 6:30 P M City Hall Council Chambers MINUT E S I .P UB L I C PART I C IPAT IO N A .P ublic P articipation I nformation The City of A uburn P lanning Commission Meeting was held in person and virtually. I I .C AL L T O O RD E R Chair J udi Roland called the meeting to order at 6:33 p.m. in the Council Chambers of Auburn City Hall, 25 West Main Street. A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM Commissioners present: Chair J udi Roland, Vice Chair P hillip S tephens, J ulie Berry, K ent Sprague, Aaron VanderPol, and Lynn Walters. Commissioner W illiam S tewart was excused. S taff members present: P lanning S ervices Manager A lexandria Teague, P arks P lanning and Development Manger Thaniel Gouk, Sewer Utility E ngineer B ob Elwell, Utilities Engineering Manager Ryan Vondrak, City Clerk S hawn Campbell, and Acting Deputy City Clerk Gerri B lackwell. City A ttorney J ason W halen attended the meeting virtually via Zoom. B .P L E D G E O F AL L E G I ANC E Chair Roland led those in attendance in the P ledge of A llegiance. I I I .P UB L I C C O M M E NT There was no public comment. I V.AP P RO VAL O F M INUT E S A .J uly 16, 2024 Minutes from the P lanning Commission Meeting Commissioner Sprague moved and Commissioner VanderPol seconded to approve the J uly 16, 2024 P lanning Commission Meeting Minutes. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 Page 1 of 3Page 4 of 1253 V.I NT RO D UC T I O N A .P resentation Overview (Teague) B rief overview of upcoming Element Presentations and Public Hearing schedule. Manager Teague provided the Commission a brief overview of the agenda items, including the S ewer S ystems P lan, and the Parks, Recreation and Open Space P lan (P R O S ) meeting presentations. She discussed Senate B ill (S B) 5290 Code Update, upcoming P ublic Hearing date for Title 14 (October 8, 2024), and follow up discussion date (October 8, 2024) of the Middle Housing Code Update. S he informed the commission that on October 23, 2024, there will be a Middle Housing Code Public Hearing and action on Package 2, a Public Hearing on the A nnual A mendment School Capital Facilities P lan, and a Public Hearing on the Middle Housing Code. V I .O T HE R B US I NE S S A .S ewer S ystems P lan (Elwell) P lanning Commission deliberation and action on the proposed changes to the Sewer S ystem P lan, which is incorporated by reference in the Utilities E lement. E ngineer E lwell presented the Sewer Systems Plan development progress and milestones. He discussed the comments provided by the Department of Ecology (D O E), King County, and reviewed the approval process involving the P lanning Commission, City Council, and Washington S tate. The Commissioners discussed unsewered/septic areas, and A gency comments. Vice Chair Stephens moved and Commissioner VanderP ol seconded to accept the changes into the Utilities E lement. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 B .P arks and Recreation P RO S Plan (Gouk) S taff presentation to the P R O S Plan. Manager Gouk presented the 2024 P R O S Plan. He stated the P R O S P lan has been presented to the Park Board and their recommendation is to bring it forward to the Planning Commission. He discussed public outreach, possible S tate and Federal grants and their requirements, P R O S P lan core changes, pickleball popularity, inclusive playgrounds, L evels of S ervice (L O S ) based on population growth, Goals & Policies, the Capital I mprovement P rogram, and P ark I mpact Fees to A uburn and nearby cities. Manager Teague advised the P ublic Hearing on the P R O S P lan will be on October 8, 2024. Commissioners discussed public comments about P arks and their needs, Page 2 of 3Page 5 of 1253 growth rate percentages, inclusivity and demographics, park benches, Cedar L anes P ark improvements, smaller park options, and construction funding. V I I .C O M M UNIT Y D E V E L O P M E NT RE P O RT Manager Teague provided an update on the Auburn Avenue T heater demolition. The Commissioners discussed the marquee sign, saving bricks from the Theater, the projected timeline for roadwork at R street near K ersey, potential new middle school locations, Sound Transit parking lot construction near City Hall, and the agenda for the October 8, 2024 and October 23, 2024 P lanning Commission meetings. V I I I .AD J O URNM E NT There being no further business to come before the P lanning Commission, the meeting was adjourned at 7:30 p.m. A P P R O V E D this 23rd day of October, 2024. _____________________ ____________________________ J UD I R O L A ND, C HA I R Gerri B lackwell, A cting Deputy City Clerk The City of Auburn Planning Commission is a seven member advisory body that provides recommendations to the Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning. Planning Commissioners are appointed by the Mayor and confirmed by the City Council. Actions taken by the Planning Commission, other than approvals or amendments to the Planning Commission Rules of Procedure, are not final decisions; they are in the form of recommendations to the city council which must ultimately make the final decision. Page 3 of 3Page 6 of 1253 AGENDA BILL APPROVAL FORM Agenda Subject: Proposed Amendments to Title 18 (Teague) Date: October 10, 2024 Department: Community Development Attachments: Staff Report Exhibit 1 - Title 18 Text Amendment (s trikeout- underline vers ion) Exhibit 2 - Title 14 and 17 Text Amendment (strikeout-underline version) Exhibit 3 - Title 18 Text Amendment (clean vers ion) Exhibit 4 - Title 14 and 17 Text Amendment (clean vers ion) Presentation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Planning Commission to deliberate and take action to recommend to City Council approval of the text amendment (code update) related to the 2024 Periodic Comprehensive Plan Update; specifically chapters 14.22 Comprehensive Plan, 17.01 User Guide, 17.04 Definitions, 17.12 Final Subdivisions, 17.14 Improvement Requirements – Subdivisions, 17.27 (New) Unit Lot Subdivisions, 18.02 General Provisions, 18.04 Definitions, 18.07 Residential Zones, 18.09 R-MHC Manufactured/Mobile Home Community Zone, 18.21 Overlays, 18.23 Commercial And Industrial Zones, 18.25 (New) Middle Development Standards, 18.29 Duc Downtown Urban Center District, 18.31 Supplemental Development Standards, 18.32 (New) Accessory Dwelling Units, 18.35 Special Purpose Zones, 18.49 Flexible Development Alternatives, 18.50 Landscaping and Screening, 18.52 Off-Street Parking and Loading, 18.55 Outdoor Lighting, 18.56 Signs, and 18.57 Standards for Specific Land Uses. Background for Motion: Background Summary: See attached Planning Commission Staff Report. Rev iewed by Council Committees: Councilmember:Staff:Alexandria Teague Meeting Date:October 23, 2024 Item Number:PH.1 Page 7 of 1253 Page 8 of 1253 PLANNING COMMISSION STAFF REPORT TO: Judi Roland, Chair, Planning Commission Planning Commission Members FROM: Alexandria D. Teague, Planning Services Manager Department of Community Development DATE: October 10, 2024 AGENDA SUBJECT: City File No. ZOA24-0002 – Text Amendment Related to 2024 Periodic Comprehensive Plan Update (Titles 14, 17, and 18) PROPOSAL: Text amendment (zoning code update) to implement the goals, policies, and strategies identified in the draft Periodic Comprehensive Plan Elements. FINDINGS OF FACT: Background Summary: 1. Each city and county in Washington state is required to conduct a periodic update of its comprehensive plan and development regulations per RCW 36.70A.130 (The Growth Management Act or GMA). 2. RCW 36.70A.70 describes required and optional Elements of the Comprehensive Plan. The Plan shall be an internally consistent document, and all elements shall be consistent with a future land use map. 3. RCW 36.70A.140 indicates that a comprehensive plan shall be adopted and amended with public participation. Auburn City Code (ACC) 14.22.030 required early and continuous public participation in the comprehensive plan process. 4. Auburn City Code (ACC) 14.22.010 provides a description of the purpose of the comprehensive plan. The city of Auburn comprehensive plan establishes the principles, goals, objectives and policies guiding future development of the city in compliance with Chapter 36.70A RCW, the Washington State Growth Management Act. The purpose of this chapter is to establish procedures and review criteria for amending the comprehensive plan and to provide provisions for public participation in the planning process. 5. Per ACC 18.68.030(B) A “Zoning Text Amendment” is an application to change the text of ACC Title 18. This type of application or initiation shall be processed as a legislative nonproject decision, consistent with ACC 14.03.060. Public notice shall be provided consistent with ACC Title 14. 6. Staff has proposed text changes to several chapters of Auburn’s city code to implement the goals, policies, and strategies identified in the draft Periodic Comprehensive Plan Elements. 7. Most of the text changes are related to the Land Use Element and Housing Element and are required to comply with new state law and are necessary to implement concepts such as middle housing, accessory dwelling units, and unit lot subdivisions. Page 9 of 1253 Staff Member: Teague Date: October 10, 2024 Page 2 of 3 8. The substantial text changes are included in the following chapters of City Code: 18.02 General Provisions, 18.04 Definitions, 18.07 Residential Zones, 18.23 Commercial and Industrial Zones, 18.25 (New) Middle Development Standards, 18.29 DUC Downtown Urban Center District, 18.32 (New) Accessory Dwelling Units, 18.50 Landscaping and Screening, 18.52 Off-Street Parking and Loading, 17.04 Definitions, and 17.27 (New) Unit Lot Subdivisions. 9. The proposed text amendment (zoning code update) has been discussed with the Planning Commission previously at a regular meeting on October 8th, 2024. At the October 8th meeting staff introduced the text amendment to the Planning Commission. Procedural Steps: 10. Pursuant to Revised Code of Washington (RCW) 36.70A, the text amendment was transmitted to the Washington State Department of Commerce on September 23, 2024. The 60-day notice period ends November 11, 2024. 11. The City issued a Notice of Availability for the 2024 Periodic Comprehensive Plan Draft Environmental Impact Statement (DEIS) for a 30-day public comment period (WAC 197-11- 455) on May 20, 2024 (City File No. SEP24-0004). 12. Agencies, affected tribes, and members of the public were invited to comment on the proposed contents of the DEIS. Comments were accepted from through 5 p.m. 5:00 PM PST on June 19, 2024. 13. ACC 14.22.100 outlines the public hearing requirements by planning commission. Amendments to the Periodic Comprehensive Plan generally comply with “area-wide” requirements. A. The planning commission shall hold at least one public hearing on all proposed amendments to the comprehensive plan. Notice of such public hearing shall be given pursuant to Chapter 1.27 ACC and, at a minimum, include the following: 1. For site-specific plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; b. Notice shall be mailed by first class mail to all property owners of record within a radius of 300 feet of the proposed map amendment request, not less than 10 calendar days prior to the public hearing; 2. For area-wide plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; b. Notice shall be mailed by first class mail to all property owners of record within the area subject to the proposed amendment; c. Notice shall be posted in at least two conspicuous locations in the area subject to the proposed amendment not less than 10 calendar days prior to the date of the public hearing. B. Notwithstanding the above, the director may expand the minimum noticing provisions noted above as deemed necessary. C. Planning Commission Recommendation. The planning commission shall conduct a public hearing on all potential comprehensive plan amendments and shall make and Page 10 of 1253 Staff Member: Teague Date: October 10, 2024 Page 3 of 3 forward a recommendation on each to the city council. The planning commission shall adopt written findings and make a recommendation consistent with those findings to the city council. D. The city council, if it elects to amend the comprehensive plan, shall adopt written findings and adopt said amendments by ordinance. E. State Review. All comprehensive plan amendments considered by the planning commission shall be forwarded for state agency review consistent with RCW 36.70A.106. F. Any appeal of an amendment to the comprehensive plan shall be made in accordance with Chapter 36.70A RCW.” 14. A Notice of Public Hearing (NOH) was issued on October 12, 2024. Pursuant to ACC 14.22.100, the following methods of noticing for the Planning Commission public hearing were conducted: a. The NOH was published in the Seattle Times on October 12, 2021. b. The NOH was posted in two general public locations (City Hall and City Annex). c. The NOH was posted on City’s Public Land Use Notice webpage. STAFF RECOMMENDATION: Planning Commission to deliberate and take action to recommend to City Council approval of the text amendment (code update) related to the 2024 Periodic Comprehensive Plan Update; specifically chapters 14.22 Comprehensive Plan, 17.01 User Guide, 17.04 Definitions, 17.12 Final Subdivisions, 17.14 Improvement Requirements – Subdivisions, 17.27 (New) Unit Lot Subdivisions, 18.02 General Provisions, 18.04 Definitions, 18.07 Residential Zones, 18.09 R-MHC Manufactured/Mobile Home Community Zone, 18.21 Overlays, 18.23 Commercial And Industrial Zones, 18.25 (New) Middle Development Standards, 18.29 Duc Downtown Urban Center District, 18.31 Supplemental Development Standards, 18.32 (New) Accessory Dwelling Units, 18.35 Special Purpose Zones, 18.49 Flexible Development Alternatives, 18.50 Landscaping and Screening, 18.52 Off-Street Parking and Loading, 18.55 Outdoor Lighting, 18.56 Signs, and 18.57 Standards for Specific Land Uses. EXHIBITS: Exhibit 1 – Title 18 Text Amendment (strikeout-underline version) Exhibit 2 – Title 14 and 17 Text Amendment (strikeout-underline version) Exhibit 3 – Title 18 Text Amendment (clean version) Exhibit 4 – Title 14 and 17 Text Amendment (clean version) Page 11 of 1253 Chapter 18.02 ACC, General Provisions Page 1 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 18.02 GENERAL PROVISIONS Sections: 18.02.010 Short title. 18.02.020 Authority to adopt code. 18.02.030 Purpose. 18.02.040 Applicability. 18.02.050 Minimum requirements. 18.02.060 Rules for administrative interpretations. 18.02.065 Methods of calculating density. 18.02.067 Units allowed per lot. 18.02.070 Establishment of zones. 18.02.080 Zoning map. 18.02.090 Zone boundary interpretation. 18.02.100 Zoning for annexed land. 18.02.110 Zoning for property influenced by Auburn Municipal Airport. 18.02.120 Permitted land uses established. 18.02.130 Neighborhood review meeting. 18.02.010 Short title. This title shall be known as “the comprehensive zoning ordinance” of the city, which shall constitute Title 18 of the Auburn City Code and shall hereafter be referred to as “this title.” (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.) 18.02.020 Authority to adopt code. A. The city of Auburn comprehensive zoning ordinance is adopted by city of Auburn ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution, the State Growth Management Act, RCW Title 35A, Optional Municipal Code, and Chapter 36.70B RCW. In accordance with ACC 1.04.060. Exhibit 1 Page 12 of 1253 Chapter 18.02 ACC, General Provisions Page 2 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. B. Notwithstanding any provisions otherwise, this title does not permit or allow any action, use or conduct which is in violation of or prohibited by any state or federal laws, regulations or codes. Any action, use or conduct which is prohibited by state or federal law is prohibited hereby. It is provided, however, that the provisions of this subsection B do not apply to any person or persons who has/have a valid, lawful license issued by the state of Washington to produce, process or sell marijuana, marijuana concentrates, usable marijuana and/or marijuana-infused products and is acting in full conformity with the requirements of the state of Washington related to such license pursuant to RCW 69.50.301 through 69.50.369, and WAC 314-55-005 through 314-55-540. In such instances, the state of Washington, not the city, is the permitting and licensing entity. It is provided, however, that this provision does not preclude the city from taking enforcement action in instances where conduct or activity that is licensed or permitted under RCW 69.50.301 through 69.50.369, and WAC 314-55-005 through 314-55- 540 occurs within the city of Auburn but is not in compliance with or violates the requirements of such state licensing or permitting. For the purposes of this section only, the provisions of RCW 69.50.325 through 69.50.369, and WAC 314-55-515 through 314-55-535 are hereby adopted by reference and incorporated herein. (Ord. 6525 § 5, 2014; Ord. 6416 § 4, 2012; Ord. 6245 § 2, 2009.) 18.02.030 Purpose. A. The purpose of this title is to implement the city’s comprehensive plan. This title will be used to further the growth and development of the city consistent with the adopted comprehensive plan and its implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city’s population and to prevent and abate public nuisances. B. The specific zones and regulations set out in this title are designed to: 1. Provide adequate public facilities and services, including utilities, roads, schools, and parks in conjunction with development; 2. Provide housing with essential light, air, privacy, and open space; 3. Facilitate the safe and efficient movement of traffic on the city’s streets; 4. Stabilize and enhance property values; Page 13 of 1253 Chapter 18.02 ACC, General Provisions Page 3 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 5. Facilitate adequate provisions for doing public and private business and thereby safeguard the community’s economic structure upon which the prosperity and welfare of all depends; and 6. Through such achievements, help ensure the safety and security of home life, foster good citizenship, and create and preserve a more healthful, serviceable and attractive municipality and environment in which to live. C. To most effectively accomplish these purposes, this title divides the city into zones wherein the location, height and use of buildings, the use of land, the size of setback areas and other open space, and the provision of off-street parking and loading are regulated and restricted in accordance with the comprehensive plan for the city. These zones and regulations are deemed necessary and are made with reasonable consideration, among other things, as to the character of each zone and its particular suitability for specific uses, the need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriate use of land throughout the city and to prevent and abate public nuisances. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.020.) 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, Land Adjustments and Divisions. Page 14 of 1253 Chapter 18.02 ACC, General Provisions Page 4 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. E. This title is not intended to regulate the public ways as defined in ACC 20.02.020. (Ord. 6799 § 3 (Exh. C), 2020; Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.030.) 18.02.050 Minimum requirements. A. In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purpose of this title. B. It is not the intent of this title to interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this title imposes a greater restriction upon the use of land and/or buildings or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern. (Ord. 6245 § 2, 2009.) 18.02.060 Rules for administrative interpretations. A. The planning director shall be authorized to interpret the meaning of words, phrases and sentences which relate to the determining of uses permitted in the various zones, approval or disapproval of development plans, or other related zoning actions. Any interpretations regarding implementation of this title shall be made in accordance with the intent or purpose statement of the specific regulation and the comprehensive plan. Life, safety and public health regulations are assumed to prevail over all other regulations. B. The planning director may authorize uses in a zone other than those which are listed, if the planning director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone. Further guidance on administrative interpretations of land uses can be found in ACC 18.02.120. C. Administrative interpretations may be appealed to the hearing examiner as prescribed in Chapter 18.70 ACC. D. Administrative interpretations made by the planning director shall be documented, made available for public review, and docketed for inclusion to this title, when consistent with the title format and level of detail required. The city shall incorporate administrative interpretations Page 15 of 1253 Chapter 18.02 ACC, General Provisions Page 5 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. upon approval of the legislative authority. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987. Formerly 18.02.040.) 18.02.065 Methods of calculating density. For subdivision purposes, Tthe permitted numberpermitted number of dwelling units or lots shall be determined as follows: A. Gross Site Area. The gross site area shall be used to calculate both the minimum and maximum number of allowed dwelling units or lots. 1. When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of one-half or above shall be rounded up; and b. Fractions below one-half shall be rounded down. 2. Calculating Base Density. Base density is calculated by multiplying the gross site area by the upper limit of units or lots allowed within the zone. For example, in the R-5 zone, where the density range allows up to five dwelling units per acre: 4.3 acres gross site area x 5 units per acre = 21.5 (rounded up to 22) 32. Calculating Minimum Density. Minimum density is calculated by multiplying the gross site area by the minimum units or lots per acre lower limit of units or lots allowed within the zone. For example, in the R-25 zone, 7 units or lots per acre are allowed: where the density range allows as few as four dwelling units per acre: 4.3 acres gross site area x 4 7 units per acre = 17.230.1 (rounded down to 3017) 43. Each lot shall meet the requirements established in Chapter 18.07 ACC for lot area, dimensions, setbacks, and other development standards. 54. Where a proposed area for subdivision cannot meet the minimum density due to encumbrance by critical areas, critical area buffers, or other similar types of features that preclude development, the applicant may seek to deviate from the minimum density which will be reviewed as an administrative decision as part of the subdivision application. If the Page 16 of 1253 Chapter 18.02 ACC, General Provisions Page 6 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. applicant seeks a variance from the development standards in Chapter 18.07 ACC the variance shall be processed utilizing the provisions of ACC 18.70.010. Alterations of a critical area or its buffer shall be processed in accordance with Chapter 16.10 ACC. Compliance with the density requirements of the underlying zone shall not be used as justification for alteration of a critical area. B. The minimum density requirements shall not apply to short plats that are processed under Chapter 17.09 ACC. C. Bonus density, where applicable, shall be computed by adding the bonus units authorized by Chapter 18.25 or 18.49 ACC to the base units computed under this section. (Ord. 6661 § 1, 2018; Ord. 6245 § 2, 2009.) 18.02.067 Units allowed per lot. A. Applicability. The standards in this section apply to all residential uses in residential and mixed-use zones. B. Units. For the purposes of this section, “units” refer to dwelling units, including accessory dwelling units (ADUs). C. Base units allowed per lot. All lots in residential zones greater than 1,000 sf in area may be developed with up to the number of units shown in 18.07.030(D)(1) when in compliance with all other relevant standards of this chapter and ACC 18.25. Example: If 4 units are the base units on a given lot, and a fourplex has been developed, no ADUs may be added. D. Middle Housing Base units per lot allowed with transit or affordability bonus. Unit bonuses specific to middle housing are required to comply with RCW 36.70A.635. 1. All lots in residential zones may be developed with up to the number of middle housing units shown in 18.07.030(D)(2) under the following conditions: a. The lot is within one-quarter mile of a major transit stop (as defined in ACC 18.04.597), or b. At least two units on the lot are affordable housing meeting the requirements of subsections (D)(2) through (D)(6) below. Note: Bonus units for (a) and (b) above are not cumulative. Single-unit detached housing lots are not eligible for bonuses and are not allowed as a component of the bonus development. . Page 17 of 1253 Chapter 18.02 ACC, General Provisions Page 7 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 2. To qualify for additional units under the affordable housing provisions, applicant shall commit to renting or selling the required number of units as affordable housing. 3. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development: a. Rental housing: 60 percent. b. Owner-occupied housing: 80 percent. 4. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions. 5. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years. The covenant or deed restriction must address the following: a. How affordability will be defined, managed, and controlled under scenarios for both ownership and rental housing. The covenant must commit to renting or selling the required number of units as affordable housing and, for rental units, ensure the continuing rental of units consistent with Chapter 84.14 RCW. b. Criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing. 6. The units dedicated as affordable housing shall: a. Be provided in a range of sizes comparable to other units in the development. b. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development. c. Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. E. Lot area per unit above base allowance. Additional units beyond what is allowed under 18.25.040(A) are allowed based on lot area above the minimum lot size threshold. One additional unit is allowed above the base for each interval of the value shown in 18.07.030(D)(3) up to the maximum number of units per lot (18.07.030)(D)(4), except for courtyard housing. For Page 18 of 1253 Chapter 18.02 ACC, General Provisions Page 8 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. example: a lot with an area of 5,650 sf in the R-2 zone may have one additional unit above the base of four because it is 1,250 ft larger than the minimum lot size. F. Maximum units per lot. 1. Except for courtyard housing, the total number of units shall not exceed the value listed in 18.07.030)(D)(4). 2. The maximum number of units for courtyard housing is two times the number of units listed in 18.07.030)(D)(4). 18.02.070 Establishment of zones. A. The city is divided into the following classes of zones: 1. RC, residential conservancy zone (one dwelling unit per four acres); 2. R-1, residential one unit per acre zone (one dwelling unit per acre); 3. R-52, residential low zone (five dwelling units per acre); 4. R-7, residential zone (seven dwelling units per acre); 45. R-310, residential moderate zone (10 dwelling units per acre); 6. R-16, residential zone (16 dwelling units per acre); 57. R-420, residential high zone (20 dwelling units per acre); 68. R-MHC, manufactured/mobile home community zone; 79. ROF, residential flexoffice zone, and RO-H, residential office-hospital zone; 8. R-NM, residential neighborhood mixed-use zone 10. C-N, neighborhood shopping zone; 911. C-1, light commercial zone; 12. C-2, central business zone; Page 19 of 1253 Chapter 18.02 ACC, General Provisions Page 9 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 130. C-32, heavy commercial zone; 14. C-4, mixed-use commercial zone; 115. M-1, light industrial zone; 126. M-2, heavy industrial zone; 173. LF, airport landing field zone; 184. P-1, public use zone; 195. UNC, unclassified use zone; 1620. I, institutional use zone; 1721. DUC, downtown urban center – 125 districtzone; 18. DUC, downtown urban center - 75 District 19. DUC, downtown urban center - 55 District 20. DUC, neighborhood residential district 21. DUC, health and wellness district 22. DUC, residential-flex district 23. DUC, light commercial district 24. DUC, heavy commercial district 25. DUC, light industrial district 226. OS, open space zone. B. The zones set out in subsection A of this section are established as the designations, locations, and boundaries thereof as set forth and indicated on the zoning map. C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to all lands in the city of Auburn. The intent statements shall guide Page 20 of 1253 Chapter 18.02 ACC, General Provisions Page 10 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. interpretation and application of land use regulations within the zones, and any change to the range of allowed uses within each zone through amendment to this title. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6677 § 1, 2018; Ord. 6245 § 2, 2009.) 18.02.080 Zoning map. A. “Zoning map,” as used in this title, is that certain map, three copies of which are on file in the office of the city clerk, labeled “Comprehensive Zoning Map of the city of Auburn, Washington,” dated June 1, 1987, and adopted by Ordinance No. 4230 and signed by the mayor and city clerk, along with all amendments thereto. The types of zoning map amendments are listed in ACC 18.68.030(A). B. Current copies of the zoning map are available for examination and/or purchase at the community development department. The zoning map is adopted and made a part of the comprehensive zoning ordinance, with the most current amended copy serving as the official zoning map. (Ord. 6779 § 2, 2020; Ord. 6287 § 2, 2010; Ord. 6245 § 2, 2009.) 18.02.090 Zone boundary interpretation. Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such lines; B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; C. Boundaries indicated as approximately following city limits shall be construed as following city limits; D. Boundaries indicated as following railroad lines shall be construed as to be midway between the main tracks; Page 21 of 1253 Chapter 18.02 ACC, General Provisions Page 11 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. E. Boundaries indicated as parallel to or extensions of features indicated in subsections A through D of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; F. Where physical or cultural features existing on the ground are at a variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through E of this section, the planning director shall interpret the zone boundaries; G. When the city vacates a street or alley, the vacated property will be zoned consistent with the adjacent property it is being vacated to. (Ord. 6245 § 2, 2009.) 18.02.100 Zoning for annexed land. Prior to any parcel of land being annexed to the city, the property may be zoned consistent with the rezone requirements of this title and the comprehensive plan may be amended if necessary. Application for the rezone and any necessary amendment may be done simultaneously with the request for annexation. For property that is not assigned a zone classification by the city of Auburn at annexation, the property shall assume the UNC unclassified use designation upon annexation. In such case, the planning director shall initiate an application to rezone from the UNC unclassified use designation to a zone compatible with the comprehensive plan within six months of the date of annexation. (Ord. 6245 § 2, 2009; Ord. 5354 § 2, 2000; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987. Formerly 18.02.050.) 18.02.110 Zoning for property influenced by Auburn Municipal Airport. Refer to Chapter 18.38 ACC to determine if property will be required to comply with additional regulations that are associated with the airport. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997. Formerly 18.02.060.) Page 22 of 1253 Chapter 18.02 ACC, General Provisions Page 12 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 18.02.120 Permitted land uses established. A. Categories of Uses Established. Chapters 18.07 through 18.44 ACC establish permitted, administrative, conditional, and prohibited uses, by zone, for all properties within the Auburn city limits. All principal uses in a given zone are one of four types: 1. Permitted use (see ACC 18.04.696); 2. Administrative use (see ACC 18.04.025); 3. Conditional use (see ACC 18.04.260); 4. Prohibited use (see ACC 18.04.752). Uses which are incidental and customary to a principal use may be considered an accessory use as defined in ACC 18.04.020. Uses not specifically identified as principal uses or determined to be an accessory use shall be classified utilizing the procedures outlined in subsection (C)(6) of this section. B. Zoning Use Tables Established for Residential Zones. The zone use tables in ACC 18.07.020 and 18.09.020 establish whether a specific use is permitted in a zone and whether the use is allowed as a permitted, administrative, conditional, or prohibited use. The zone is located on the horizontal row and the specific use is located on the vertical column of these tables. C. Interpretation of Zone Use Tables. 1. Legend. The following letters have the following meanings when they appear in the box at the intersection of the column and the row on the zone use tables: Symbol Description P Permitted Use A Administrative Use C Conditional Use Page 23 of 1253 Chapter 18.02 ACC, General Provisions Page 13 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Symbol Description X Prohibited Use 2. Other Requirements Applicable. The above uses are subject to the other application requirements, citywide property development standards, and applicable overlay district regulations specified in the zoning code, the project review procedures specified in ACC Title 14, the building and construction standards of ACC Title 15, the environmental review procedures and regulations specified in ACC Title 16, and the regulations for the division of land in ACC Title 17. 3. Additional Use-Related Conditions. If a number also appears at the intersection of the column and the row, the use is also subject to the additional requirements as listed in the corresponding endnote immediately following the use table in the specified code chapter. All applicable requirements shall govern a use whether specifically identified in the zone chapter or not. 4. Accessory Use Interpretation. The planning director or designee may determine if a use that is not specifically described as accessory is permitted as an accessory to a principal use in a zone. Upon inquiry by an applicant, an administrative interpretation shall be made by the planning director or designee to determine if a proposed use is allowed as an accessory use within the zone utilizing the purpose and intent of the zone, comprehensive plan policy guidance, and the definition of accessory use contained in Chapter 18.04 ACC. 5. Prohibited Uses. If an “X” appears in the box at the intersection of the column and the row, the use is prohibited in that zone. Similarly, if a use is listed in one zone use table but not another zone use table, it shall be considered prohibited in the zone use table in which it is not listed. For example, a use listed in the industrial zone use table of Chapter 18.16 ACC, but not listed in the residential zone use table of Chapter 18.07 ACC, shall be considered prohibited in the residential zones listed in Chapter 18.07 ACC even though the land use does not appear with an “X” in the use table. 6. Unclassified Uses. Upon inquiry by an applicant, an administrative interpretation shall be made by the planning director or designee to determine if a proposed use not specifically listed in any zone use table is allowed within a specific zone utilizing the criteria in this subsection. Should an interpretation be made that a proposed, unlisted use not be allowed Page 24 of 1253 Chapter 18.02 ACC, General Provisions Page 14 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. in a specific zone, the planning director or designee shall indicate which zones, if any, do permit the use. a. Criteria for Unclassified Uses. In order to make a determination that an unclassified use is permitted, administratively permitted, conditionally permitted, or accessory, the planning director or designee must find that the use is: i. In keeping with the intent of the zone, and consistent with Auburn comprehensive plan policies; and ii. Similar in nature to, and no more intense than, specifically listed permitted, conditional or accessory uses; and iii. Consistent with subsection (C)(4) of this section, if determined to be permissible as an accessory use. (Ord. 6269 § 1, 2009; Ord. 6245 § 2, 2009.) 18.02.130 Neighborhood review meeting. A. Purpose. The purpose of the neighborhood review meeting is for a developer/applicant of a proposed project to hold a meeting with surrounding and adjacent neighboring residents, property owners, homeowners’ associations, residents and businesses (hereinafter collectively referred to as “neighbors”) prior to submitting an application to the city. The neighbors would have an early opportunity to become familiar with either a residential subdivision, multifamily or mixed development proposal of a certain size and scale early in the development review process and to identify any associated issues. The neighborhood review meeting is intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The city expects an applicant to take into consideration the reasonable concerns and recommendations of the neighbors and other interested persons when preparing an application. B. Applicability. A neighborhood review meeting shall be required for the following types of new land use application in any applicable zoning district within the city: 1. A residential subdivision project comprising 40 or more lots or units; or 2. A multifamily residential project comprising 40 or more units; or Page 25 of 1253 Chapter 18.02 ACC, General Provisions Page 15 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 3. A mixed-use development project comprising 40 or more units. C. Time Frames. 1. Prior to submittal of an application, an applicant shall provide an opportunity to meet with neighboring residents, property owners, homeowners’ associations, residents and businesses (hereinafter collectively referred to as “neighbors”) within the city-specified notice radius to review the proposal. 2. The applicant shall not be required to hold more than one neighborhood review meeting. D. Procedures. 1. The applicant shall select the meeting time and place. The starting time selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall not occur on a federally recognized holiday. The meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act. The public meeting shall be held within the Auburn city limits, at a location no further than two miles from the project site, unless an alternate meeting location is approved by the planning director. A sign at least 22 inches by 28 inches in size with minimum two-inch lettering shall be placed at the main entrance of the building where the meeting will take place at least one hour prior to the meeting. Such sign will announce the meeting purpose, that the meeting is open to the public and that interested persons are invited to attend. This sign shall be removed upon conclusion of the meeting by the applicant. 2. The applicant shall send by regular mail a written notice announcing the neighborhood review meeting to the director of the city of Auburn planning and development department and property owners within 300 feet of the property(ies) involved in the development review application. The notice shall include the date, time and location of the meeting and briefly discuss the nature and location of the proposal. The notice shall be mailed not less than 20 calendar days prior to the meeting date. The mailing list shall be obtained by the applicant and based on the most recent property tax assessment rolls of the King County department of assessments or the Pierce County assessor-treasurer’s office, whichever is applicable. Page 26 of 1253 Chapter 18.02 ACC, General Provisions Page 16 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 3. Not less than 20 calendar days prior to the neighborhood review meeting, the applicant shall post a notice on the property which is the subject of the proposed application. The notice shall be posted at the property in a visible and accessible location. The notice shall state that the site may be subject to a proposed development and shall set forth the name of the applicant and a telephone number where the applicant or applicant’s contact person can be reached for additional information. The site shall remain posted until the conclusion of the neighborhood review meeting. The city will not be responsible for posting of any signs. 4. The sign at the building entrance under subsection (D)(1) of this section, the notices sent by mail under subsection (D)(2) of this section and the site posting under subsection (D)(3) of this section shall each contain the following statement: The intent of this meeting is to facilitate an early informal discussion between the project developer and the neighbors regarding the project. While required by the City of Auburn, this meeting is not conducted by the City of Auburn and is in addition to any future hearings or public comment opportunities available under city development review processes. 5. At the neighborhood review meeting, the applicant shall describe the proposed application to persons in attendance. The attendees may identify any issues that they believe should be addressed in the application and recommend that those issues be submitted for city consideration and analysis. 6. The applicant shall prepare and make available the following materials for review and discussion at the public meeting: a. Total number of dwelling units/lots expected to be built; b. Conceptual site plan/plat layout showing buildings, road layout, landscape, parking, topography and open space areas, and adjacent properties; and c. Aerial photograph showing the subject property and adjacent properties. 7. At the neighborhood review meeting, a sign-in sheet shall be distributed to all meeting attendees that specifies the date, time and location of the neighborhood review meeting Page 27 of 1253 Chapter 18.02 ACC, General Provisions Page 17 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. and asks for the name, address, phone number and electronic mail address of each meeting attendee. 8. At the neighborhood review meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the city. E. Submittal Requirements. The applicant shall submit the following information with the submittal of a development application: 1. A copy of the notice provided to surrounding property owners within 300 feet of the proposed development site. 2. A copy of the mailing list used to send out meeting notices. 3. A written statement containing the information posted on the property. 4. An affidavit of mailing and posting notices. 5. A copy of the meeting sign-in sheet. 6. Copies of written materials and eight-and-one-half-inch by 11-inch size plans presented at the neighborhood review meeting. 7. Notes of the meeting including a summary of oral and written comments received. 8. If responses to the meeting notice were not received by the applicant and no one attended the neighborhood review meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both. F. Notice. 1. All property owners who receive notice of the neighborhood review meeting shall be eligible to receive a copy of the written city decision for the development proposal. 2. All neighbors receiving notice of or attending the neighborhood review meeting shall be eligible to receive a copy of the written city decision for the development proposal through a request made to the city. G. Consideration. The city shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the neighborhood review Page 28 of 1253 Chapter 18.02 ACC, General Provisions Page 18 of 18 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The city, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate design or project review decision-making authority to the participants in the public meeting. H. City Involvement. The neighborhood review meeting is intended to be a developer- neighborhood interaction. City staff are not required to attend and/or participate in neighborhood review meetings. There will be other official opportunities for residents and neighbors to make comment during the development review process that would follow the neighborhood review meeting. The director of the planning and development department or designee shall be notified a minimum of seven calendar days prior to the scheduled date of the neighborhood review meeting. Any city staff attendance at a neighborhood review meeting is for informational purposes only, does not represent the city’s position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future. (Ord. 6287 § 2, 2010; Ord. 6245 § 2, 2009.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 29 of 1253 Chapter 18.04 ACC, Definitions Page 1 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Chapter 18.04 DEFINITIONS Sections: 18.04.010 General definitions. 18.04.018 Accessory dwelling unit. 18.04.019 Accessible electric vehicle charging station. 18.04.020 Accessory use. 18.04.021 Accessory use, manufactured home community. 18.04.022 Repealed. 18.04.023 Accessory use, residential. 18.04.024 Repealed. 18.04.025 Administrative use. 18.04.027 Repealed. 18.04.030 Repealed. 18.04.031 Adult family home. 18.04.032 Repealed. 18.04.035 Agricultural enterprise. 18.04.036 Agricultural store. 18.04.039 Aircraft operations. 18.04.040 Airport, heliport or aircraft landing field. 18.04.050 Airport elevation. 18.04.060 Airport hazard. 18.04.070 Airport landing area. 18.04.072 Airport manager. 18.04.080 Airport reference point. 18.04.090 Alley. 18.04.100 Amusement device, mechanical. 18.04.105 Animal shelter, public. 18.04.110 Apartment. 18.04.115 Apiary. 18.04.120 Arcade. 18.04.125 Assisted living facility. 18.04.130 Automobile repair. 18.04.140 Repealed. 18.04.150 Automobile wrecking. 18.04.160 Automobile wrecking yard. 18.04.170 Automobile, trailer, equipment sales area. 18.04.171 Battery charging station. 18.04.172 Battery electric vehicle (bev). Page 30 of 1253 Chapter 18.04 ACC, Definitions Page 2 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.173 Battery exchange station. 18.04.175 Bed and breakfast. 18.04.180 Repealed. 18.04.185 Repealed. 18.04.190 Building. 18.04.192 Building and landscape materials sales. 18.04.194 Building contractor, heavy. 18.04.195 Building contractor, light. 18.04.200 Building height. 18.04.210 Building, main. 18.04.220 Repealed. 18.04.230 Building site. 18.04.235 Built green. 18.04.235.1 Caretaker apartment. 18.04.236 Charging levels. 18.04.237 Chicken coop. 18.04.238 Chicken run. 18.04.240 Commercial use. 18.04.245 Commercial vehicle. 18.04.246 Commercial recreation facility, indoor. 18.04.247 Commercial recreation facility, outdoor. 18.04.248 Community retail establishment. 18.04.249 Communal residence. 18.04.250 Comprehensive plan. 18.04.260 Conditional use. 18.04.265 Condominium. 18.04.270 Conforming use. 18.04.280 Repealed. 18.04.282 Convenience store. 18.04.283 Crematorium. 18.04.285 Dangerous waste. 18.04.290 Daycare center, nursery school, preschool. 18.04.294 Designated accessible space. 18.04.295 Designated facility zone. 18.04.300 Density. 18.04.301 Density, base. 18.04.302 Density bonus. 18.04.303 Density, minimum. 18.04.310 Development standards. 18.04.318 Dripline. 18.04.320 Repealed. Page 31 of 1253 Chapter 18.04 ACC, Definitions Page 3 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.325 Domestic fowl and poultry. 18.04.330 Dwelling. 18.04.340 Dwellings, types of. 18.04.350 Dwelling unit. 18.04.351 Electric scooters and motorcycles. 18.04.352 Electric vehicle. 18.04.353 Electric vehicle charging station. 18.04.354 Electric vehicle charging station – Restricted. 18.04.355 Extremely hazardous waste. 18.04.356 Electric vehicle charging station – Public. 18.04.357 Electric vehicle infrastructure. 18.04.358 Electric vehicle parking space. 18.04.359 Emergency Housing 18.04.360 Emergency Shelter 18.04.36159 Entertainment, commercial. 18.04.3620 Family. 18.04.365 FAR Part 77 surfaces. 18.04.370 Fence. 18.04.371 Fence, opacity. 18.04.372 Fence, screened. 18.04.373 Fence, visibility. 18.04.374 Fence, 100 percent sight-obscuring. 18.04.376 Retaining wall. 18.04.380 Floor area. 18.04.390 Foster care home. 18.04.395 Fueling station. 18.04.400 Garage or carport, residential. 18.04.410 Garage, commercial. 18.04.411 Golf course. 18.04.412 Governmental facilities. 18.04.420 Grade. 18.04.425 Green building practices. 18.04.430 Gross floor area. 18.04.440 Group residence facility. 18.04.445 Growth center. 18.04.450 Guest cottage. 18.04.452 Hazardous material. 18.04.453 Hazardous substance. 18.04.454 Hazardous substance processing or handling. 18.04.455 Hazardous waste. 18.04.456 Hazardous waste storage. Page 32 of 1253 Chapter 18.04 ACC, Definitions Page 4 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.457 Hazardous waste treatment. 18.04.458 Hazardous waste treatment and storage facility, off-site. 18.04.459 Hazardous waste treatment and storage facility, on-site. 18.04.460 Home occupation. 18.04.465 Homeless encampment. 18.04.466 Horse riding, commercial. 18.04.470 Hospital. 18.04.480 Hospital or clinic, small animal. 18.04.485 Host agency. 18.04.490 Hotel. 18.04.495 Household pet. 18.04.496 Housing rehabilitation. 18.04.497 Impervious surface. 18.04.498 Incidental. 18.04.499 Intensity. 18.04.500 Junkyard. 18.04.510 Kennel. 18.04.515 Kitchen. 18.04.520 Landscaping. 18.04.522 Reserved. 18.04.523 Large domestic animal. 18.04.525 Leadership in energy and environmental design (leed). 18.04.527 Live/work unit. 18.04.530 Lot. 18.04.540 Lot area. 18.04.550 Lot coverage. 18.04.560 Lot dimensions. 18.04.570 Lot lines. 18.04.580 Lot of record. 18.04.590 Lot types. 18.04.595 Low impact development. 18.04.597 Major transit stop 18.04.600 Manufactured home. 18.04.610 Manufactured home community. 18.04.612 Manufacturing, assembling and packaging – Heavy intensity. 18.04.614 Manufacturing, assembling and packaging – Light intensity. 18.04.616 Manufacturing, assembling and packaging – Medium intensity. 18.04.617 Medium domestic animal. 18.04.619 Medium-speed electric vehicle. 18.04.620 Medical-dental clinic. 18.04.621 Middle housing Page 33 of 1253 Chapter 18.04 ACC, Definitions Page 5 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.622 Miniature goat. 18.04.623 Microbrewery or a small craft brewery. 18.04.625 Mixed-use development. 18.04.630 Mobile home. 18.04.635 Motor freight terminal. 18.04.640 Motel. 18.04.641 Multimodal transportation corridor. 18.04.642 Municipal park. 18.04.643 Museum. 18.04.643.1 Neighborhood electric vehicle. 18.04.644 Neighborhood recreation buildings. 18.04.644.1 Neighborhood retail establishment. 18.04.645 Neighborhood services. 18.04.648 Net density. 18.04.649 Nonelectric vehicle. 18.04.650 Nonconforming use. 18.04.660 Nursing home. 18.04.670 Occupancy. 18.04.672 Outdoor sales. 18.04.676 Outdoor storage. 18.04.676.1 Overlay zone. 18.04.677 Owner occupied unit. 18.04.678 Repealed. 18.04.680 Parking area. 18.04.690 Parking space or stall. 18.04.692 Parking structure. 18.04.694 Permanent supportive housing. 18.04.696 Permitted use. 18.04.700 Person. 18.04.710 Personal service shop. 18.04.730 Planning commission. 18.04.740 Planning director. 18.04.741 Plug-in hybrid electric vehicle (PHEV). 18.04.742 Potbelly pig. 18.04.744 Prerelease facility. 18.04.745 Print and copy shop. 18.04.746 Private country clubs and golf courses, excluding driving ranges. 18.04.748 Privately owned and operated parks and playgrounds. 18.04.750 Professional offices. 18.04.752 Prohibited use. 18.04.754 Public art. Page 34 of 1253 Chapter 18.04 ACC, Definitions Page 6 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.756 Public recreational amenity. 18.04.760 Public use. 18.04.770 Quasi-public use. 18.04.779 Rapid charging station. 18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper. 18.04.790 Recreational vehicle park. 18.04.791 Regional retail establishment. 18.04.792 Religious institution. 18.04.794 Renting of rooms. 18.04.796 Repair services – Equipment, appliances. 18.04.800 Residence. 18.04.804 Restaurant, full-service. 18.04.805 Right-of-way. 18.04.806 Schools, elementary and middle/junior high. 18.04.807 Schools, secondary or high school. 18.04.808 Secure community transition facility. 18.04.809 Senior housing. 18.04.810 Setback. 18.04.811 Setback area. 18.04.812 Setback, front. 18.04.813 Setback, rear. 18.04.814 Setback, side. 18.04.815 Setback line. 18.04.816 Shop. 18.04.818 Shopping center. 18.04.820 Sign. 18.04.821 Site. 18.04.822 Site area. 18.04.823 Small domestic animal. 18.04.824 Social and service organizations. 18.04.825 Solid waste. 18.04.826 Solid waste processing facility. 18.04.827 Special events. 18.04.828 Sponsoring agency. 18.04.829 Store. 18.04.830 Repealed. 18.04.835 Special needs housing. 18.04.840 Repealed. 18.04.850 Reserved. 18.04.855 Small craft distillery. 18.04.860 Story. Page 35 of 1253 Chapter 18.04 ACC, Definitions Page 7 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.870 Street, private. 18.04.880 Street, public. 18.04.890 Structure. 18.04.891 Supportive housing. 18.04.892 Sustainable design. 18.04.894 Tasting room. 18.04.895 Tavern. 18.04.896 Transmitting tower. 18.04.897 Unclassified use. 18.04.900 Use. 18.04.901 Utility facilities and substations. 18.04.910 Variance. 18.04.911 Walking distance. 18.04.91211 Wine production facility. 18.04.9121.1 Winery. 18.04.912 Wireless communications. 18.04.913 Work/live unit. 18.04.914 Work release facility. 18.04.920 Yard. 18.04.930 Yard, front. 18.04.940 Yard, rear. 18.04.950 Yard, side. 18.04.954 Youth community support facility. 18.04.960 Zone. 18.04.1001 Child care center. 18.04.1005 Marijuana or marihuana. 18.04.1007 Marijuana cooperative. 18.04.1009 Marijuana-infused products. 18.04.1011 Marijuana processor. 18.04.1013 Marijuana producer. 18.04.1015 Marijuana related business. 18.04.1017 Marijuana retailer. 18.04.1019 Marijuana researcher. 18.04.1021 Marijuana transporter. 18.04.1023 Public or private park. 18.04.1025 Public or private playground. 18.04.1027 Public or private recreational center. 18.04.1029 Public transit center. Page 36 of 1253 Chapter 18.04 ACC, Definitions Page 8 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.010 General definitions. Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular, the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision, and the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.018 Accessory dwelling unit. An “accessory dwelling unit” is a self-contained residential unit that is accessory to a single-family homesingle-unit detached housing or middle housing units located on individually owned lots, where the accessory dwelling unit is located on the same lot. An accessory dwelling unit has its own bathroom, kitchen facilities, living and sleeping areas, though it can share other features with the single-family homeprimary unit including the yard, parking, storage or laundry facilities. The accessory dwelling unit may be attached or detached to the single-unit detached housing or middle housing unit(s). An accessory dwelling unit excludes accessory residential uses as defined in ACC 18.04.023. (Ord. 6245 § 3, 2009; Ord. 5399 § 1, 2000.) 18.04.019 Accessible electric vehicle charging station. “Accessible electric vehicle charging station” means an electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum 44-inch width) and the electric vehicle. (Ord. 6365 § 1, 2011.) 18.04.020 Accessory use. “Accessory use” means a use, a building or structure, part of a building or other structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot, including a residential garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building. Parking areas will not be considered an accessory use under this definition. See related definitions for “Accessory use, manufactured home community” and “Accessory use, residential.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 37 of 1253 Chapter 18.04 ACC, Definitions Page 9 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.021 Accessory use, manufactured home community. “Manufactured home community accessory use” is a subordinate use which supports the principal manufactured home community use without displacing it. Manufactured home community accessory uses include but are not limited to recreation facilities, clubhouses, park offices, and utility rooms to serve the residents of the park only. (Ord. 6245 § 3, 2009.) 18.04.022 Adult book and video establishment. Repealed by Ord. 5835. 18.04.023 Accessory use, residential. “Residential accessory use” means a subordinate use which supports the principal residential use without displacing it. The accessory residential use is typically located on the same lot occupied by the principal residential use. Residential accessory uses include residential garage, guest cottage, recreation room, tool shed, swimming pool, noncommercial greenhouse, private stable, barn, pen, coop, or similar structure. This use excludes accessory dwelling units, as defined in ACC 18.04.018, and manufactured home community accessory uses. (Ord. 6245 § 3, 2009.) 18.04.024 Adult entertainment establishment. Repealed by Ord. 5835. 18.04.025 Administrative use. “Administrative use” means a use permitted in a zone only after review and approval by the planning director or designee. Administrative uses are those which typically have some potential for impacts to neighboring properties, but which may be permitted within a zone following review by the city to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the zone. (Ord. 6269 § 27, 2009.) Page 38 of 1253 Chapter 18.04 ACC, Definitions Page 10 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.027 Adult entertainment. Repealed by Ord. 5835. 18.04.030 Adult motion picture theater. Repealed by Ord. 5835. 18.04.031 Adult family home. “Adult family home” means a residential home licensed by the state in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. Adult family homes are not communal residences. (Ord. 6560 § 1, 2015; Ord. 6245 § 3, 2009.) 18.04.032 Adult uses. Repealed by Ord. 5835. 18.04.035 Agricultural enterprise. “Agricultural enterprise” means a business enterprise which is engaged in, or related to, farming or agricultural production and other businesses and services supporting and promoting agriculture practices and the practice of locally and regionally grown foods. The term shall include the following: A. “Agritourism” means a business enterprise activity that includes operation of a working farm or any agricultural or horticultural operation that, while not an exclusive function, is open to the public on a seasonal basis for enjoyment, recreation, personal entertainment, or education. B. “Agricultural entertainment” means any event or activity that allows for recreation, entertainment, education and tourism associated with agricultural activities. (Ord. 6363 § 1, 2011.) 18.04.036 Agricultural store. “Agricultural store” means a retail food establishment, housed in a permanent structure, whose primary economic activity is the sale of local and regional agricultural products directly to consumers. An agricultural store may also include the sale of sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages for consumption on site. (Ord. 6363 § 1, 2011.) Page 39 of 1253 Chapter 18.04 ACC, Definitions Page 11 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.039 Aircraft operations. “Aircraft operations” means the movement of aircraft operating in the airport traffic pattern or within sight of the airport. A landing or takeoff is one operation. An aircraft that takes off and then lands creates two aircraft operations. (Ord. 6838 § 1 (Exh. A), 2021.) 18.04.040 Airport, heliport or aircraft landing field. “Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether publicly or privately owned or operated, and which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft. This definition includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces. This definition does not include manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith. (Ord. 6838 § 1 (Exh. A), 2021; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.050 Airport elevation. “Airport elevation” means the established elevation of the highest point on the usable landing area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.060 Airport hazard. “Airport hazard” means any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.070 Airport landing area. “Airport landing area” means the area of the airport used for the landing, taking off or taxiing of aircraft. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 40 of 1253 Chapter 18.04 ACC, Definitions Page 12 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.072 Airport manager. Airport Manager. See definition in Chapter 12.56 ACC. (Ord. 6838 § 1 (Exh. A), 2021.) 18.04.080 Airport reference point. “Airport reference point” means the point established as the approximate geographic center of the airport landing area and so designated. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.090 Alley. “Alley” means a public travel way or other public right-of-way under the jurisdiction and control of the city and not designated for general travel and used primarily as a means of access to the rear of residential and/or business establishments. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.100 Amusement device, mechanical. “Mechanical amusement device” means any machine which, upon the insertion of a coin, slug, token, plate, disk, monetary bill or credit card, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, video games and all games, operations or transactions similar thereto under whatever name they may be indicated to specify. “Mechanical amusement device” does not include pool tables. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.105 Animal shelter, public. “Animal shelter, public” means a facility that is used to temporarily house or contain stray, homeless, abandoned or unwanted animals. The facility must be owned, operated, or maintained by one or more of the following: an animal care and control agency; humane society, or society for the prevention of cruelty to animals registered under Chapter 16.52 RCW, or another nonprofit organization devoted to the welfare, protection, and humane treatment of animals, when such society or organization is then under contract with an animal care and control agency. An animal shelter, public may provide supporting services, including medical care. (Ord. 6407 § 2, 2012.) Page 41 of 1253 Chapter 18.04 ACC, Definitions Page 13 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.1100 Apartment Bbuilding. “Apartment Building” means: (a) A building containing seven or more attached dwelling units, including a building containing nonresidential units if the building also contains seven or more attached dwelling units, but excluding the following classes of buildings: (i) Hotels and motels; (ii) Dormitories; (iii) Care facilities; (iv) Floating homes; (v) Middle Housing (vi) A building that contains attached dwelling units that are each located on a single platted lot; (vi) A building in which all of the dwelling units are held under one ownership and is subject to a recorded irrevocable sale prohibition covenant; (viii) A building with six or fewer units that is no more than three stories; and (iv) A building with six or fewer units that is no more than three stories so long as one story is utilized for parking, either above or below ground, or retail space. 18.04.115 Apiary. “Apiary” (“apiaries”) means a place where honey bees (Apis mellifera) are kept; a collection of beehives. “Beekeeping” is included under this definition. (Ord. 6600 § 1, 2016.) 18.04.120 Arcade. “Arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted. (Ord. 6642 § 14, 2017; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.125 Assisted living facility. “Assisted living facility” means a combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. An establishment with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential. An assisted living facility is not a communal residence. (Ord. 6560 § 2, 2015; Ord. 6245 § 3, 2009; Ord. 6140 § 1, 2007.) Page 42 of 1253 Chapter 18.04 ACC, Definitions Page 14 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.130 Automobile repair. “Automobile repair” includes fixing, incidental body or fender work, painting, and upholstering, engine tune- up, adjusting lights, installation/repair of electrical or electronic components, brakes, supplying and installing replacement parts to passenger vehicles and trucks. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.140 Automobile service station. Repealed by Ord. 6433. 18.04.150 Automobile wrecking. “Automobile wrecking” means the dismantling or disassembling of used motor vehicles or trailers, the storage, sale or dumping of dismantled, obsolete, or wrecked vehicles or their parts, and the towing of such vehicles or parts in connection with such activity. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.160 Automobile wrecking yard. “Automobile wrecking yard” means any premises devoted to automobile wrecking. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.170 Automobile, trailer, equipment sales area. “Automobile, trailer and equipment sales area” means an open area, other than a street or alley, used for the display, sale or rental of new or used automobiles, trucks, trailers or other equipment. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.171 Battery charging station. “Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.) Page 43 of 1253 Chapter 18.04 ACC, Definitions Page 15 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.172 Battery electric vehicle (bev). “Battery electric vehicle (BEV)” means any vehicle that operates exclusively on electrical energy from an off- board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord. 6365 § 1, 2011.) 18.04.173 Battery exchange station. “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.) 18.04.175 Bed and breakfast. “Bed and breakfast” means a residential home maintained by an on-premises owner that provides no more than six guest rooms which are used, rented, or hired out to guests to be occupied for sleeping purposes, and which may also offer communal dining services. (Ord. 6245 § 3, 2009.) 18.04.180 Boardinghouse. Repealed by Ord. 6477. 18.04.185 Brew pub. Repealed by Ord. 6368. 18.04.190 Building. “Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.192 Building and landscape materials sales. “Building and landscape material sales” means a retail or wholesale establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. (Ord. 6433 § 3, 2012.) Page 44 of 1253 Chapter 18.04 ACC, Definitions Page 16 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.194 Building contractor, heavy. “Building contractor, heavy” means businesses relating to the heavy construction trades including but not limited to: excavation work, highway and street construction; heavy construction, masonry and concrete work and water well drilling. These types of businesses generally have heavy equipment that may be stored outside. (Ord. 6433 § 4, 2012.) 18.04.195 Building contractor, light. “Building contractor, light” means businesses relating to the building trades including but not limited to: plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; carpentry and flooring; roofing and sheet metal. These types of businesses generally do not have heavy equipment or building materials stored outside. (Ord. 6433 § 5, 2012.) 18.04.200 Building height. “Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. See Figure 18.04.200. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 45 of 1253 Chapter 18.04 ACC, Definitions Page 17 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.210 Building, main. “Main building” means the principal building or buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.220 Building official. Repealed by Ord. 6245. 18.04.230 Building site. “Building site” means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.235 Built green. “Built green” means an environmental building program locally administered by the Master Builders Association of King and Snohomish Counties which provides rating systems which quantify environmentally friendly building practices for remodeling and new residential construction. The construction must qualify for a minimum number of points in order to be certified as “built green.” Each building receives a one – to five- star rating based on the builder’s ability to meet the sustainable design standards. (Ord. 6245 § 3, 2009; Ord. 6036 § 5, 2006.) 18.04.235.1 Caretaker apartment. “Caretaker apartment” means an accessory housing unit that is permitted in association with a commercial or industrial use where no residential dwelling exists, for the express purpose of providing a housing unit for on- site security or operations personnel. (Ord. 6433 § 6, 2012.) 18.04.236 Charging levels. “Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms “1,” “2,” and “3” are the most common EV charging levels, and include the following specifications: A. Level 1 is considered slow charging. Page 46 of 1253 Chapter 18.04 ACC, Definitions Page 18 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. B. Level 2 is considered medium charging. C. Level 3 is considered fast or rapid charging. (Ord. 6365 § 1, 2011.) 18.04.237 Chicken coop. “Chicken coop” means a building for housing and weather protection for domestic fowl. The chicken coop is treated as an accessory structure. (Ord. 6600 § 2, 2016.) 18.04.238 Chicken run. “Chicken run” or “chicken pen” means an area enclosed by fencing or netting which may or may not be connected to a coop within which domestic fowl can move about freely within a limited portion of the property or site. (Ord. 6600 § 3, 2016.) 18.04.240 Commercial use. “Commercial use” shall mean any activity or use of land which involves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use; whether or not such activity or use be for hire or on account of the buyer, seller, processor, or improver. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.245 Commercial vehicle. “Commercial vehicle” means semi-truck tractors and/or semi-trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. (Ord. 6245 § 3, 2009; Ord. 6019 § 1, 2006.) 18.04.246 Commercial recreation facility, indoor. “Commercial recreation facility, indoor” means a private for-profit or nonprofit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge and wholly enclosed in the building. Typical uses include athletic and health club, pool or billiard hall, indoor swimming pool, bowling alley, skating rink or climbing gyms. (Ord. 6433 § 7, 2012.) Page 47 of 1253 Chapter 18.04 ACC, Definitions Page 19 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.247 Commercial recreation facility, outdoor. “Commercial recreation facility, outdoor” means a private for-profit or nonprofit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge where any portion of the activity takes place in the open, excluding public parks. Typical uses include: racetracks; miniature golf; skateboard park; swimming and wading, therapeutic facilities; and tennis, handball, basketball courts; batting cages, trampoline facilities. (Ord. 6433 § 8, 2012.) 18.04.248 Community retail establishment. “Community retail establishment” means stores, shops and businesses either individually or in a shared space setting serving a geographic area of the city that engage in merchandise sales. (Ord. 6433 § 9, 2012.) 18.04.249 Communal residence. “Communal residence” is a business operated out of a single residential home without an owner occupant residing therein, where the residential home, or portions thereof, is/are rented to more than one individual through separate, unrelated lease or rental agreements. The fact that the individuals rent the residence or a portion thereof through separate, unrelated lease or rental agreements shall be prima facie evidence that the individuals are unrelated and do not meet the definition of “family” per ACC 18.04.360. Adult family homes, foster care homes, group residence facilities, special needs housing, and supportive housing are not communal residences. (Ord. 6560 § 3, 2015; Ord. 6477 § 10, 2013.) 18.04.250 Comprehensive plan. “Comprehensive plan” means the comprehensive plan for the Auburn planning area, as now constituted, or hereafter amended, or its successor. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.260 Conditional use. “Conditional use” means a use permitted in a zone only after review and approval by the hearing examiner. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zone, or if the site is regulated in a certain manner in order to achieve the purposes of this title. (Ord. 6245 § 3, 2009; Ord. 6185 § 1, 2008; Ord. 4229 § 2, 1987.) Page 48 of 1253 Chapter 18.04 ACC, Definitions Page 20 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.265 Condominium. “Condominium” means a form of ownership in which individuals purchase and own individual units in a multi-unit complex and jointly own and share financial responsibility for certain common areas. Residential condominiums in Middle Housing and multifamily buildings differ from apartments in that each unit is individually owned, and any land in the project is owned in common by all householders. (Ord. 6245 § 3, 2009.) 18.04.270 Conforming use. “Conforming use” means an activity the nature and type of which is permitted in the zone in which the property on which it is established is located. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.280 Contract rezone. Repealed by Ord. 6245. 18.04.282 Convenience store. “Convenience store” means a small retail establishment that offers convenience goods for sale, such as prepackaged food items, beverages, tobacco, personal care items, and other household goods and often characterized by 24 hours a day operations. These stores can be part of a fueling station or an independent facility. (Ord. 6433 § 10, 2012.) 18.04.283 Crematorium. “Crematorium” means a facility for the burning of corpses, human or animal, to ashes either as a principal use or as an accessory use. Crematoriums do not include establishments where incinerators are used to dispose of toxic or hazardous materials, infectious materials or narcotics. (Ord. 6433 § 11, 2012.) 18.04.285 Dangerous waste. “Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) Page 49 of 1253 Chapter 18.04 ACC, Definitions Page 21 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.290 Daycare center, nursery school, preschool. “Daycare center,” “nursery school,” or “preschool” means any type of group daycare programs, for children or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering afterschool care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the purpose of this title the following shall also apply to daycare center, nursery schools or preschools: A. “Babysitting care” means a dwelling which provides occasional custodial care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation. B. “Home based daycare” means a licensed daycare that regularly provides daycare for not more than 12 children or adults in the provider’s home in the family living quarters, for periods of less than 24 hours. C. “Mini daycare center” means a place, other than the home of the provider, which provides regular custodial care for one to 12 children, for periods of less than 24 hours. D. “Daycare center” means a place, other than the home of the provider, which provides regular custodial care for 12 or more children, for periods of less than 24 hours. E. “Preschool/nursery school” means a place, other than the home of the provider, which provides regular custodial care and/or organized learning and educational experiences for children. (Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.04.294 Designated accessible space. “Designated accessible space” means a required accessible parking space designated for the exclusive use of parking vehicles with a state disabled parking permit, in accordance with WAC 51-50-005, the International Building Code requirements for barrier-free accessibility. (Ord. 6365 § 1, 2011.) 18.04.295 Designated facility zone. “Designated facility zone” means a zone in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) Page 50 of 1253 Chapter 18.04 ACC, Definitions Page 22 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.300 Density. “Density” is a measure of population, housing units, or building area related to land area, and is expressed as a ratio, e.g., units per acre or square feet of lot area per unit one dwelling unit per acre. See ACC 18.02.065 for the methodology for calculating density. (Ord. 6661 § 2, 2018; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.301 Density, base. “Base density” refers to the greatest number of dwelling units allowed without application of the bonus density provisions of Chapter 18.25 or 18.49 ACC per land area in a specific zone expressed as a ratio. For example, in a zone with a maximum density of four units per acre, the maximum number of housing units allowed on a one-quarter-acre lot is one unit. (Ord. 6245 § 3, 2009.) 18.04.302 Density bonus. “Density bonus” refers to residential units allowed in excess of the base density of a particular zone. Density bonuses may be granted to residential developers within a certain distance of a high capacity transit stop, inclusion of affordable housing, or in exchange for recognized public benefits pursuant to Chapter 18.02 and Chapter 18.25 or 18.49 ACC. (Ord. 6245 § 3, 2009.) 18.04.303 Density, minimum. “Minimum density” refers to the least number of dwelling units or lots allowed per land area in a specific zone, expressed as a ratio. For example, in a zone with a minimum density of 12 units per acre, development of a two-acre lot would require a minimum of 24 units. (Ord. 6245 § 3, 2009.) 18.04.310 Development standards. “Development standards” means regulations pertaining to setbacks, landscaping, height, site coverage, signs, building layout, site design and related features of land use. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 51 of 1253 Chapter 18.04 ACC, Definitions Page 23 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.318 Dripline. “Dripline” means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree’s branch tips down to the ground. (Ord. 6387 § 2, 2011.) 18.04.320 District. Repealed by Ord. 6245. 18.04.325 Domestic fowl and poultry. “Domestic fowl and poultry” includes all species of chickens, turkeys, geese, ducks, pigeons or other fowl or poultry of similar size and character. Roosters and peafowl are not included in this definition and are not permitted. (Ord. 6600 § 6, 2016; Ord. 6369 § 5, 2011.) 18.04.330 Dwelling. “Dwelling” means a building designed exclusively for residential purposes for occupancy by a person, family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-familysingle-unit detached housing, middle housing, apartments, two-family, multiple-family dwellings, and townhouse dwelling, and accessory dwelling units,s but not including recreational vehicles, or hotels or motel units without kitchens. (Ord. 6565 § 1, 2015; Ord. 6477 § 3, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.340 Dwellings, types of. “Types of dwellings” means: A. Dwelling, Single-FamilySingle-Unit Detached. “Single-unit detached” dwellingfamily dwelling” means a detached building, not connected to another building, designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-familysingle-unit detached dwelling if sited per ACC 18.31.050. This dwelling-type was previously called “Single Family” and is synonymous with “Single-unit detached housing”. B. Dwelling, Dwelling, Two-Family (Duplex). “Two-family dwelling” or “duplex” means a building designed exclusively for occupancy by two families or communal residence living independently of each other, Page 52 of 1253 Chapter 18.04 ACC, Definitions Page 24 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. and containing two dwelling units.Middle Housing. “Middle Housing” dwellings” includes the following housing types: 13. “Townhouse” means a detached structurebuildings that contains threewo or more attached single- family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides, each with its own front and rear access to the outside. 2. “Duplex” means a detached structure consisting of two individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 3. “Triplex” means a detached structure consisting of three individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 4. “Fourplex” means a detached structure consisting of four individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 5. “Fiveplex” means a detached structure consisting of five individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 6. “Sixplex” means a detached structure consisting of six individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 732. “Stacked flat” , means dwelling units in a residential building of no more than three stories on a lot in which each floor may be separately rented or owned. Duplexes and triplexes may be arranged as stacked flats. 3. “Townhouse” means buildings that contain two or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides. 844. “Cottage housing”, means residential units on a lot with a common open space that either: (a) Is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. Courtyard housing standards in 18.25.050 apply to cottage housing. This definition of cottage housing does not apply to “guest cottages” of ACC 18.04.450. 59. "Courtyard apartments”. means a residential structure consisting of multiple attached side-by- side and/or stacked dwelling units oriented around a yard or court on two or three sides. Page 53 of 1253 Chapter 18.04 ACC, Definitions Page 25 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. C. Dwelling, Multiple-FamilyApartment. “Multiple-family dwellingApartment” means a building means a building designed for occupancy by three seven or more families or communal residences living independently of each other, andeach other and containing seventhree or more dwelling units. Apartment units may be located in a mixed-use development. This dwelling-type was previously called “Multiple-Family” dwellings. D. Dwelling, Townhouse. “Townhouse dwelling” means a building designed exclusively for occupancy by one family or communal residence, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls. (Ord. 6477 § 4, 2013; Ord. 6245 § 3, 2009; Ord. 6162 § 1, 2008; Ord. 4229 § 2, 1987.) 18.04.350 Dwelling unit. “Dwelling unit” means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title. (Ord. 6477 § 5, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.351 Electric scooters and motorcycles. “Electric scooters and motorcycles” means any two – or three-wheel vehicle or scooter or motorcycle under state law that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating. (Ord. 6365 § 1, 2011.) 18.04.352 Electric vehicle. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. (Ord. 6365 § 1, 2011.) 18.04.353 Electric vehicle charging station. “Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station Page 54 of 1253 Chapter 18.04 ACC, Definitions Page 26 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use. (Ord. 6365 § 1, 2011.) 18.04.354 Electric vehicle charging station – Restricted. “Electric vehicle charging station – restricted” means an electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). (Ord. 6365 § 1, 2011.) 18.04.355 Extremely hazardous waste. “Extremely hazardous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.356 Electric vehicle charging station – Public. “Electric vehicle charging station – public” means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on-street parking) or (2) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots). (Ord. 6365 § 1, 2011.) 18.04.357 Electric vehicle infrastructure. “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 6365 § 1, 2011.) 18.04.358 Electric vehicle parking space. “Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 6365 § 1, 2011.) Page 55 of 1253 Chapter 18.04 ACC, Definitions Page 27 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.359 Emergency Housing “Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. 18.04.360 Emergency Shelter “Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. 18.04.36159 Entertainment, commercial. “Entertainment, commercial” means spectator entertainment for commercial purposes. This use includes theaters, concert halls, nightclubs, or comedy clubs, but does not include cabarets, licensed under ACC 5.20.130(B), and adult entertainment, licensed under Chapter 5.30 ACC. (Ord. 6433 § 12, 2012.) 18.04.3620 Family. “Family” means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under federal and/or state statute, as distinguished from a group occupying a hotel, club, or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures; it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord. 6477 § 6, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.365 FAR Part 77 surfaces. FAR Part 77 Surfaces. The Federal Aviation Administration’s Federal Aviation Regulations (FAR) Part 77 surfaces are the imaginary airspace surfaces established with any relation to each runway of an airport. There are five types of surfaces: (A) primary, (B) approach, (C) transitional, (D) horizontal, and (E) conical. These surfaces are above and around airports and require protection from potential obstructions that might interfere Page 56 of 1253 Chapter 18.04 ACC, Definitions Page 28 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. with airport traffic and potentially create a safety risk to aircraft occupants and persons on the ground. An object or structure with an elevation higher than the FAR Part 77 surface elevation is considered to penetrate the FAR Part 77 surfaces and constitutes an obstruction to navigable airspace. “Navigable airspace” is defined by the FAA pursuant to CFR Title 14, Part 77, imaginary surfaces. (Ord. 6838 § 1 (Exh. A), 2021.) 18.04.370 Fence. “Fence” means a masonry wall or a barrier generally composed of posts connected by boards, rails, panels, or wire for the purpose of enclosing space, functional areas, or separating parcels of land. The term “fence” does not include retaining walls or rockeries when a separate structure. The term also does not include hedges, trees, or other natural growth. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.371 Fence, opacity. “Fence opacity” is the degree to which light or views are blocked. Opacity is measured perpendicular to the fence for each fence section between supports. Page 57 of 1253 Chapter 18.04 ACC, Definitions Page 29 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. (Ord. 6884 § 1 (Exh. 1), 2022.) 18.04.372 Fence, screened. “Screened fence” means a fence that is between 70 to 100 percent opaque, and provides a high degree of visual buffering between two areas. A screened fence may consist of wood, vinyl, or metal. A chain link fence interwoven with slats in every row or available space is considered a screened fence. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009.) Page 58 of 1253 Chapter 18.04 ACC, Definitions Page 30 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.373 Fence, visibility. A fence that is 50 percent or less opaque is generally considered to provide visibility. (Ord. 6884 § 1 (Exh. 1), 2022.) 18.04.374 Fence, 100 percent sight-obscuring. “One hundred percent sight-obscuring fence” means a fence that is 100 percent opaque, completely obstructs view between two areas or completely obstructs view between two adjoining uses. A sight-obscuring fence shall be constructed of solid wood, metal, concrete, or other appropriate material which totally conceals the subject use from adjoining uses. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009.) 18.04.376 Retaining wall. “Retaining wall” means a structure designed and constructed to hold soil, earth, or like material in place, or to resist lateral pressure of materials to create or maintain a change in ground elevation. Such walls can be of various types including gravity, cantilevered, anchored, or piling walls and can be comprised of various materials including concrete, stone, or masonry units. The term “retaining wall” does not include fences. (Ord. 6884 § 1 (Exh. 1), 2022.) 18.04.380 Floor area. “Floor area” means total floor area within the walls of all buildings on a lot or building site, except for the spaces therein devoted to vents, shafts and light courts and except for the area devoted exclusively to loading and unloading facilities and to parking of motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.390 Foster care home. “Foster care home” means a home which provides regular care for up to four developmentally disabled adults, or up to four adults who are recipients of state or federal financial assistance services, or up to four foster children under the age of 18, or up to three expectant mothers in a residential structure of the person or persons under whose direct care and supervision the people are placed. A foster care home is not a communal residence. (Ord. 6560 § 4, 2015; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 59 of 1253 Chapter 18.04 ACC, Definitions Page 31 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.395 Fueling station. “Fueling station” means a retail business selling gasoline or other motor vehicle fuels primarily to passenger vehicles. Includes alternative fuels and recharging facilities which are commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., liquid propane gas) as well as equipment to recharge electric powered vehicles. This classification includes customary incidental activities when performed in conjunction with the sale of fuel, such as vehicle maintenance and repair, vehicle washing, and electric vehicle battery swap-out, but excludes body and fender work or repair of heavy trucks or vehicles. (Ord. 6433 § 13, 2012.) 18.04.400 Garage or carport, residential. “Residential garage or carport” means a building or a portion of a building principally used for vehicular equipment such as automobiles, boats, etc., in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(1), 1988; Ord. 4229 § 2, 1987.) 18.04.410 Garage, commercial. “Commercial garage” means any garage not a residential garage, and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.411 Golf course. See ACC 18.04.746, Private country clubs and golf courses, excluding driving ranges. (Ord. 6245 § 3, 2009.) 18.04.412 Governmental facilities. “Governmental facilities” means facilities of any unit of city, county, state, federal, or special district government. Types of facilities include community centers, vehicle and driver licensing offices, public works maintenance and operations facilities, courts of law, school support facilities, and other types of city, county, state, school district, special district, or federal facilities. This definition excludes jails, municipal parks, transit facilities, sewage treatment plants, schools, municipally owned airports, libraries, and utility facilities and substations as defined in this chapter. (Ord. 6245 § 3, 2009.) Page 60 of 1253 Chapter 18.04 ACC, Definitions Page 32 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.420 Grade. “Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case walls are within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.425 Green building practices. “Green building practices” (as defined by the U.S. Green Building Council, Leadership in Energy and Environmental Design [LEED] Program) means practices that conserve resources, use recycled content materials, maximize energy efficiency, and otherwise consider environmental, economic, and social benefits in the design and construction of a building project. See ACC 18.04.525 for more information on LEED. (Ord. 6245 § 3, 2009; Ord. 6036 § 6, 2006.) 18.04.430 Gross floor area. “Gross floor area” includes all floor area within the exterior walls of the building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.440 Group residence facility. “Group residence facility” means a facility licensed by the state and operated with full-time supervision for housing resident persons who, by reason of their mental or physical disability, addiction to drugs or alcohol, or family and social adjustment problems, require a transitional nonmedical treatment program for rehabilitation and social readjustment. For the purposes of this title, a nonmedical treatment program consists of counseling, vocational guidance, training, group therapy and other similar rehabilitative services but does not include drug and/or alcohol detoxification. Monitoring the taking of prescription medication shall be permitted. The use of medication by any resident shall be incidental to that person’s residence in the facility and shall not be a criterion for residence in the facility. This definition does not include residential dwellings which meet all other requirements of this title, that provide programs related to this definition or which provide services of a nursing home as defined by ACC 18.04.660. A group residence facility is not a communal residence. (Ord. 6560 § 5, 2015; Ord. 6245 § 3, 2009; Ord. 4590 § 2 (Exh. A), 1992; Ord. 4304 § 1(2), 1988; Ord. 4229 § 2, 1987.) Page 61 of 1253 Chapter 18.04 ACC, Definitions Page 33 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.445 Growth Center “Growth Centers” are walkable, pedestrian-oriented, compact, areas of the city and are the basis for achieving neighborhoods where residents can meet more of their everyday needs within an easy walk of their home. They are complete neighborhoods with commercial development (grocery stores, restaurants, markets, shops, etc.), housing options, a variety of employment types, open space and parks, and other public gathering places. They are located adjacent to the public transit network. Growth Centers allow for a mix of commercial and residential uses in vertical or horizontal configurations, with the central core of a Growth Center. 18.04.450 Guest cottage. “Guest cottage” means an accessory, detached building with bathroom, living and sleeping areas without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main dwelling. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.452 Hazardous material. “Hazardous material” means a substance or materials in a quantity or form that may pose an unreasonable risk to health, safety or property when stored, transported or used in commerce. For specific definitions of hazardous materials see Code of Federal Regulations, Title 49, as amended; the International Fire Code, as amended; and the Valley Regional Fire Authority General Hazardous Materials Guidelines, as amended. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988; Ord. 4229 § 2, 1987.) 18.04.453 Hazardous substance. “Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 713-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.454 Hazardous substance processing or handling. “Hazardous waste processing or handling” means the use, storage, manufacture, production or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) Page 62 of 1253 Chapter 18.04 ACC, Definitions Page 34 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.455 Hazardous waste. “Hazardous waste” means and includes all dangerous (see ACC 18.04.285) and extremely hazardous waste (see ACC 18.04.355). (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.456 Hazardous waste storage. “Hazardous waste storage” means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.457 Hazardous waste treatment. “Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.458 Hazardous waste treatment and storage facility, off-site. “Off-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.459 Hazardous waste treatment and storage facility, on-site. “On-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes generated on the same site. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.460 Home occupation. “Home occupation” means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 63 of 1253 Chapter 18.04 ACC, Definitions Page 35 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.465 Homeless encampment. “Homeless encampment” means an emergency homeless encampment hosted by a church or other organization, which provides temporary housing to homeless persons. (Ord. 6245 § 3, 2009; Ord. 6014 § 2, 2006.) 18.04.466 Horse riding, commercial. “Commercial horse riding” means a land use established for the purpose of providing equestrian trails or other facilities for riding and keeping horses for a fee. This use includes bridle trails. (Ord. 6245 § 3, 2009.) 18.04.470 Hospital. “Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and which is licensed by state law to provide facilities including overnight accommodations and services in surgery, obstetrics and general medical practice. This definition does not include small animal hospitals or clinics, or veterinary clinics, as defined in ACC 18.04.480. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.480 Hospital or clinic, small animal. “Small animal hospital or clinic” means an establishment in which veterinary medical services and/or clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, not including kennels. This definition does not include hospitals as defined in ACC 18.04.470. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(3), 1988; Ord. 4229 § 2, 1987.) 18.04.485 Host agency. “Host agency” means the owner of the property, being a religious institution or other organization, that joins a sponsoring agency in an application for a temporary use permit for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 3, 2006.) Page 64 of 1253 Chapter 18.04 ACC, Definitions Page 36 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.490 Hotel. “Hotel” means any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, and includes additional amenities such as banquet halls and meeting facilities. Hotels include but are not limited to motels and extended stay hotel accommodations. Hotels do not include renting of rooms, boardinghouses, or bed and breakfast accommodations. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.495 Household pet. Recodified to ACC 18.04.823by Ord. 6600. (Ord. 6369 § 1, 2011; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720.) 18.04.496 Housing rehabilitation. “Housing rehabilitation” means the renovation of an existing housing unit for the purpose of preserving existing housing stock, often as a means to provide affordable housing within an established residential neighborhood. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.) 18.04.497 Impervious surface. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. (Ord. 6245 § 3, 2009.) 18.04.498 Incidental. “Incidental” means reasonably related, as determined by the planning director. One use is incidental to another when it is reasonably related to another (i.e., a garage is incidental to the single-family dwelling unit). (Ord. 6245 § 3, 2009.) Page 65 of 1253 Chapter 18.04 ACC, Definitions Page 37 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.499 Intensity. “Intensity” refers to the level of development or activity on a site, in terms of both the nature of uses and the concentration of those uses as indicated by residential density (dwelling units per acre) or floor area ratio. For example, a site with a mixed-use complex with a commercial retail component and a high density multifamily residential component would display a higher level of intensity than the same sized property with a low density, single-family residential development. (Ord. 6245 § 3, 2009.) 18.04.500 Junkyard. “Junkyard” includes automobile wrecking yards and salvage yards or any premises devoted wholly or in part to the storage, buying or selling of, or otherwise handling or dealing in, old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.510 Kennel. “Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs or cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An “adult dog or cat” is one of either sex, altered or unaltered, that has reached the age of four months. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.515 Kitchen. “Kitchen” means any room or portion of a room designed to be used for cooking or the preparation of food, having a kitchen-type sink and provisions available for an installed gas or electric stove or range. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(4), 1988.) 18.04.520 Landscaping. “Landscaping” means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 66 of 1253 Chapter 18.04 ACC, Definitions Page 38 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.522 Reserved. Reserved. (Ord. 6245 § 3, 2009; Ord. 5354 § 2, 2000.) 18.04.523 Large domestic animal. “Large domestic animal” means horses, ponies, donkeys, cows, standard size goats, llamas, oxen, standard size pigs, and other similar sized animals. (Ord. 6600 § 4, 2016.) 18.04.525 Leadership in energy and environmental design (leed). “Leadership in energy and environmental design (LEED)” means a national standard for developing high- performance, sustainable buildings. (Ord. 6245 § 3, 2009; Ord. 6036 § 7, 2006.) 18.04.527 Live/work unit. “Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single dwelling or multi-unit dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:and includes a complete dwelling unit and working space reserved for and regularly used by one or more occupants of the dwelling unit. Within a live/work unit the “work” component of a live/work unit is secondary to its residential use. Live/work units are allowed within mixed-use developments. A. A complete dwelling unit; and B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. The difference between a live/work unit and a work/live unit (defined in ACC 18.04.913) is that the “work” component of a live/work unit is secondary to its residential use, and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment, while the work component of a work/live unit is the primary use, to which the residential component is secondary. (Ord. 6433 § 14, 2012.) 18.04.530 Lot. “Lot” is defined in ACC 17.04.200. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4229 § 2, 1987.) Page 67 of 1253 Chapter 18.04 ACC, Definitions Page 39 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.540 Lot area. “Lot area” means the total horizontal area within the boundary lines of a lot; however, the area contained in access easements, tracts or panhandles shall not be included in the lot area or any other lot size computation. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.550 Lot coverage. “Lot coverage” means that percentage of the plot or lot area covered by all buildings including accessory buildings and uses. Coverage is determined by measuring along a horizontal plane from the outermost edge of eaves, cornices, overhangs, or areas covered by a weathertight roof. The first two feet of an eave overhang will, however, not be used in the lot coverage calculation. See Figure 18.04.550. (Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.04.560 Lot dimensions. A. “Lot depth” means: 1. If the front and rear lines are parallel, the shortest distance between such lines; 2. If the front and rear lines are not parallel, the distance between the midpoint of the front lot line and the midpoint of the rear lot line. See Figure 18.04.560(A). Page 68 of 1253 Chapter 18.04 ACC, Definitions Page 40 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. B. “Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. See Figure 18.04.560(B). (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 69 of 1253 Chapter 18.04 ACC, Definitions Page 41 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.570 Lot lines. “Lot lines” means the lines bounding the lot. For purposes of establishing a setback line for a lot, “lot lines” shall also mean the limits of a private street, when such a street is located on the lot. See Figures 18.04.570(A) and (B). A. Front Lot Line. 1. For an interior lot, the front lot line shall be that lot line which abuts the street right-of-way. 2. For a corner lot, the front lot line shall be that lot line which abuts a street right-of-way and bests conforms to the pattern of existing site development and/or the pattern of adjacent development, as determined by the planning director. 3. For a through lot, the front lot line shall be that lot line which abuts a nonarterial street or from which primary access is provided. B. Rear Lot Line. The line opposite, most distant and most parallel with the front lot line. For a biangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of the lot shall be used as the rear lot line. C. Side Lot Line. All lot lines which do not qualify as a rear or front lot line. D. Panhandle Lot Lines. For a panhandle lot, the lot lines shall be approved by the planning director. The lot lines shall be most consistent with the adjoining lot lines and shall take into consideration any unique physical characteristics of the property. Page 70 of 1253 Chapter 18.04 ACC, Definitions Page 42 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Figure 18.04.570(A). Lot Lines Figure 18.04.570(B). Lot Dimensions and Lot Lines for Gore-Shaped Lots (Ord. 6245 § 3, 2009; Ord. 6031 § 1, 2006; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.) 18.04.580 Lot of record. “Lot of record” is defined in ACC 17.04.220. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.) 18.04.590 Lot types. A. “Corner lot” means a lot situated at the intersection of two or more streets. B. “Interior lot” means a lot that is neither a corner or through lot. C. “Through lot” means a lot other than a corner lot which abuts two streets. D. “Panhandle lot” means a lot accessed from the abutting street by a narrow corridor of land within the same lot. Page 71 of 1253 Chapter 18.04 ACC, Definitions Page 43 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. The area within the panhandle access shall not be included in any lot size calculation including lot area, lot width, lot depth or lot coverage. No buildings shall be erected within the panhandle access. See ACC 17.10.120 for development standards for panhandle lots. See Figure 18.04.590. Figure 18.04.590. Lot Types (Ord. 6245 § 3, 2009; Ord. 5543 § 1, 2001; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.) 18.04.595 Low impact development. “Low impact development” means a stormwater management and land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrology. The goal is to prevent measurable harm to streams, lakes, wetlands, and other natural aquatic systems from commercial, residential or industrial development sites. (Ord. 6245 § 3, 2009; Ord. 6036 § 8, 2006.) Page 72 of 1253 Chapter 18.04 ACC, Definitions Page 44 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.597 Major transit stop. A “major transit stop” means: (a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops; (c) Stops on rail or fixed guideway systems; or (d) Stops on bus rapid transit routes. 18.04.600 Manufactured home. “Manufactured home” means a single-family dwelling which: A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and C. Has exterior siding similar in appearance to siding materials commonly used on site-built single-family homes built in accordance with the International Building Code (IBC). This definition does not include a mobile home as defined by ACC 18.04.630 or a recreational vehicle as defined by ACC 18.04.780. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31.050. (Ord. 6245 § 3, 2009; Ord. 6162 § 2, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.) 18.04.610 Manufactured home community. “Manufactured home community” means an area of not less than five acres designed to accommodate individual manufactured homes within the approved community boundaries. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.612 Manufacturing, assembling and packaging – Heavy intensity. “Manufacturing, assembling and packaging – heavy intensity” means a facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used have the potential to result in externalities or effects on surrounding land uses or the community. Examples of heavy intensity manufacturing uses include, but are not limited to, chemical Page 73 of 1253 Chapter 18.04 ACC, Definitions Page 45 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. products manufacturing, paving and roofing materials manufacturing and glass products manufacturing. (Ord. 6433 § 15, 2012.) 18.04.614 Manufacturing, assembling and packaging – Light intensity. “Manufacturing, assembling and packaging – light intensity” means a facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the intensity, scale, and/or characteristics of operation and materials used are unlikely to result in externalities or effects on surrounding land uses or the community because they can be controlled within the building. Examples of light intensity manufacturing uses include, but are not limited to, clothing and fabric product manufacturing and food and beverage products. (Ord. 6433 § 16, 2012.) 18.04.616 Manufacturing, assembling and packaging – Medium intensity. “Manufacturing, assembling and packaging – medium intensity” means a facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used are greater than those classified under “Manufacturing, assembling and packaging – light intensity,” but where externalities or effects on surrounding land uses or the community can typically be reduced or avoided when appropriately located and developed. Examples of medium intensity manufacturing uses include lumber and wood product manufacturing and stone and cut stone product manufacturing. (Ord. 6433 § 17, 2012.) 18.04.617 Medium domestic animal. “Medium domestic animal” means potbelly pigs, miniature goats, miniature horses, and other similar sized animals that are larger than a small domestic animal and smaller than a large domestic animal. (Ord. 6600 § 5, 2016.) 18.04.619 Medium-speed electric vehicle. “Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles Page 74 of 1253 Chapter 18.04 ACC, Definitions Page 46 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500. (Ord. 6365 § 1, 2011.) 18.04.620 Medical-dental clinic. “Medical-dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.621 Middle Housing. "Middle housing" means buildings that are compatible in scale, form, and character with single-unit detached dwellings and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, cottage housing, and accessory dwelling units. 18.04.622 Miniature goat. “Miniature goats” include species of goats commonly known as pygmy (Capra hircus hircus pygmy) or Nigerian dwarf (Capra hircus hircus nigerian dwarf). (Ord. 6600 § 7, 2016; Ord. 6369 § 6, 2011.) 18.04.623 Microbrewery or a small craft brewery. “Microbrewery or a small craft brewery” means a production facility that manufactures beer. A microbrewery may sell beer of its own production at retail for on – and off-premises consumption, and may act as a distributor for beer of its own production. (Ord. 6368 § 2, 2011.) 18.04.625 Mixed-use development. “Mixed-use development” means a single unified development that incorporates the planned integration of two or more different land uses consisting of some combination of office, light industrial, hotel, retail, entertainment, public uses, along with residential uses. Mixed-use development may be vertically oriented in one or more buildings, or horizontally distributed on a development site. When horizontally distributed, the Page 75 of 1253 Chapter 18.04 ACC, Definitions Page 47 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. different uses may be constructed concurrently and in separate phases, and should incorporate common and/or complementary features and/or elements such as pedestrian walkways, access driveways, parking areas, architectural themes, or other techniques that provide integration between uses on the site. (Ord. 6644 § 1, 2017; Ord. 6253 § 2, 2009.) 18.04.630 Mobile home. “Mobile home” means a factory-constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy, and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under license or by special permit. This definition does not include a manufactured home as defined by ACC 18.04.600 or a recreational vehicle as defined by ACC 18.04.780. (Ord. 6245 § 3, 2009; Ord. 6162 § 3, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.) 18.04.635 Motor freight terminal. “Motor freight terminal” means a facility with more than one dock per 5,000 square feet of warehouse, storage, or related use and used for either (A) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (B) any other location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited to cross-dock operations and does not include a package delivery service. Excludes buildings with six or fewer loading docks. (Ord. 6433 § 18, 2012.) 18.04.640 Motel. “Motel” or “motor hotel” means a group of buildings containing individual sleeping or living units, designed for use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.641 Multimodal transportation corridor. “Multimodal transportation corridor” refers to a transportation route that accommodates and contains facilities for more than a single form or mode of transportation. Multimodal corridors provide opportunities for travel by automobile, transit, and nonmotorized transportation and include relevant infrastructure improvements, such as dedicated bicycle lanes, sidewalks, and transit stations and shelters. (Ord. 6245 § 3, 2009.) Page 76 of 1253 Chapter 18.04 ACC, Definitions Page 48 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.642 Municipal park. “Municipal park” means a parcel or tract of land provided by a unit of government to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. (Ord. 6245 § 3, 2009.) 18.04.643 Museum. “Museum” is a cultural facility established and used for the education and enjoyment of the public through exhibits and displays of historical, cultural, or other related subjects. (Ord. 6245 § 3, 2009.) 18.04.643.1 Neighborhood electric vehicle. “Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500. (Ord. 6433 § 1, 2012; Ord. 6365 § 1, 2011. Formerly 18.04.643A.) Code reviser’s note: Ordinance 6365 adds these provisions as Section 18.04.643. The section has been renumbered to avoid duplication of numbering. 18.04.644 Neighborhood recreation buildings. “Neighborhood recreation buildings” means facilities owned and managed by a neighborhood homeowners’ association for recreational and community gatherings. (Ord. 6245 § 3, 2009.) 18.04.644.1 Neighborhood retail establishment. “Neighborhood retail establishment” means stores and shops serving the immediate surrounding neighborhood in which they are located, including but not limited to a beauty shop, laundry and dry cleaning, sales of retail goods and such others of a similar nature. (Ord. 6433 § 19, 2012.) Page 77 of 1253 Chapter 18.04 ACC, Definitions Page 49 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.645 Neighborhood services. “Neighborhood services” as listed herein are intended to include commercial establishments that provide goods and services that are considered to be basic to the needs of a local neighborhood, and the provision of which would typically be primarily within the local market area. For the purposes of Chapter 18.49 ACC, neighborhood services establishments include: bakery and pastry shops (products made must be sold at retail on the premises); produce markets; retail grocery stores; delicatessens, restaurants or sandwich shops, limited to a seating area of 25 seats; hardware stores; retail banks or bank branches; pharmacies; daycare facilities; or other services subject to the approval of the planning director. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.) 18.04.648 Net density. “Net density” is a measure of the net site area as defined in ACC 18.02.065. (Ord. 6245 § 3, 2009.) 18.04.649 Nonelectric vehicle. “Nonelectric vehicle” means any motor vehicle that does not meet the definition of “electric vehicle.” (Ord. 6365 § 1, 2011.) 18.04.650 Nonconforming use. “Nonconforming use” means a use which when commenced, complied with use regulations applicable at the time when such use was commenced, and which does not conform to the existing use regulations of the zone where the use is now being conducted or carried on. The term “nonconforming use” shall be applicable to uses of buildings, structures, and land. This definition does not include those uses existing in the zone, prior to the adoption of this title, which would now require an administrative or conditional use permit to operate in the zone. Any expansion of the space, volume or area of the use would then require an administrative or conditional use permit as this title may require. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.660 Nursing home. “Nursing home,” “rest home,” “convalescent home,” “guest home” and “home for the aged” mean a home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, the operator of which is licensed by the state or county to give special care and cure to their charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, and in which homes are performed no surgery, maternity or any other primary treatments such as customarily provided in Page 78 of 1253 Chapter 18.04 ACC, Definitions Page 50 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital or to a group residence facility. This definition does not include group residence facilities as defined in this title. A nursing home is not a communal residence. (Ord. 6560 § 6, 2015; Ord. 6245 § 3, 2009; Ord. 4304 § 1(5), 1988; Ord. 4229 § 2, 1987.) 18.04.670 Occupancy. “Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.672 Outdoor sales. “Outdoor sales” means an open area used for the display, sale, or rental of goods and/or materials that are actively marketed and readily available for general public consumption. This does not include storage areas of materials that are sold elsewhere on the premises or junkyards as defined by ACC 18.04.500. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.676 Outdoor storage. “Outdoor storage” means the keeping of materials, supplies, equipment, machinery and vehicles which are not currently licensed or capable to operate on public streets or highways, in an open, uncovered yard or nonwalled buildings. This definition includes junkyards as defined by ACC 18.04.500, but excludes outdoor sales as defined by ACC 18.04.672. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.676.1 Overlay zone. “Overlay zone” is supplemental to the underlying zoning district and may establish additional or stricter standards and criteria for properties in addition to those of the underlying zoning district. (Ord. 6838 § 1 (Exh. A), 2021.) Page 79 of 1253 Chapter 18.04 ACC, Definitions Page 51 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.677 Owner occupied unit. “Owner occupied unit” means a dwelling unit in which the owner resides on a regular, permanent basis. (Ord. 6477 § 11, 2013.) 18.04.678 Panoram or peepshow. Repealed by Ord. 5835. 18.04.680 Parking area. “Parking area” includes an off-street parking area together with driveways and the access to a public street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.690 Parking space or stall. A. parking space” is any off-street space intended for the use of vehicular parking with ingress or egress to the space which is easily identifiable. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.692 Parking structure. “Parking structure” means a single or multi-level structure intended for the use of vehicular parking, as opposed to an uncovered surface parking lot. This definition includes both stand-alone parking garages and structured parking as incorporated into a building, the primary purpose of which is not parking (i.e., rooftop or basement parking areas). (Ord. 6245 § 3, 2009.) 18.04.694 Permanent Supportive Housing. “Permanent Supportive Housing” is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with Page 80 of 1253 Chapter 18.04 ACC, Definitions Page 52 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. 18.04.696 Permitted use. “Permitted use” means a land use that is allowed outright within a zone. (Ord. 6245 § 3, 2009.) 18.04.700 Person. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.710 Personal service shop. “Personal service shop” means premises devoted to hair styling, cutting or permanents, manicurists, custom tailoring, and similar related uses. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.730 Planning commission. “Planning commission” means that body created by Chapter 2.45 ACC. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.740 Planning director. “Planning director” means the director of the Auburn department of planning and development, or its successor, unless otherwise specified. (Ord. 6287 § 2, 2010; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.741 Plug-in hybrid electric vehicle (PHEV). “Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain Page 81 of 1253 Chapter 18.04 ACC, Definitions Page 53 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity. (Ord. 6365 § 1, 2011.) 18.04.742 Potbelly pig. Miniature “potbelly pigs” are that type of swine commonly known as Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa bittatus). (Ord. 6369 § 7, 2011.) 18.04.744 Prerelease facility. “Prerelease facility” has the same meaning as “work release facility” for the purposes of this title. See ACC 18.04.914. (Ord. 6245 § 3, 2009; Ord. 4590 § 3 (Exh. B), 1992.) 18.04.745 Print and copy shop. “Print and copy shop” means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, facsimile sending and receiving, and including offset printing. (Ord. 6433 § 20, 2012.) 18.04.746 Private country clubs and golf courses, excluding driving ranges. “Private country club and golf course, excluding driving range” means an area designed and used for playing golf, including all accessory uses incidental to the operation of the facility. This definition may include private country clubs or golf courses open to the general public. This definition excludes other outdoor recreational facilities such as driving ranges, municipal parks, or commercial horse riding and bridle trails. (Ord. 6245 § 3, 2009.) 18.04.748 Privately owned and operated parks and playgrounds. “Privately owned and operated park and playground” means a parcel or tract of land provided by a private entity to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. This use excludes municipal parks. (Ord. 6245 § 3, 2009.) Page 82 of 1253 Chapter 18.04 ACC, Definitions Page 54 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.750 Professional offices. “Professional offices” means offices maintained and used as places of business conducted by persons engagedprofessionals including in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.752 Prohibited use. “Prohibited use” means any use which is not specifically enumerated or interpreted by the city as allowable in that zone. Any use not specifically listed as a permitted, administrative, conditional, or accessory use is prohibited, except those determined to be unclassified and permitted by the planning director pursuant to ACC 18.02.120(C)(6). Any prohibited use is illegal. (Ord. 6269 § 2, 2009; Ord. 6245 § 3, 2009.) 18.04.754 Public art. “Public art” refers to works of art, regardless of medium, that are primarily designed for, and presented in, the public domain, including work displayed in common areas of publicly accessible buildings. (Ord. 6245 § 3, 2009.) 18.04.756 Public recreational amenity. “Public recreational amenity” is any recreational facility that is incorporated into a development for public use including but not limited to children’s playgrounds, tennis, basketball, or other sport courts or fields. (Ord. 6245 § 3, 2009.) 18.04.760 Public use. “Public use” means a use operated exclusively by a public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and administrative and service facilities. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 83 of 1253 Chapter 18.04 ACC, Definitions Page 55 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.770 Quasi-public use. “Quasi-public use” means a use operated by a private nonprofit educational, religious, recreational, charitable, or medical institution having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.779 Rapid charging station. “Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.) 18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper. “Recreational vehicle,” “camping trailer,” “travel trailer,” “motor home” and “truck camper” mean vehicular- type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motive power, being of such size or weight as not to require a special highway movement permit and licensed by the state as a recreational vehicle. (Ord. 6245 § 3, 2009; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.) 18.04.790 Recreational vehicle park. “Recreational vehicle park” means a parcel of land designed and improved to accommodate two or more recreational vehicles on a temporary basis. Spaces are typically rented for overnight use, not to exceed 120 days. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.791 Regional retail establishment. “Regional retail establishment” means a large-scale retail establishment intended to serve customers within and outside the city. A regional retailer may accommodate a wide range of retail commodities (e.g., apparel and accessories, consumer electronics, hardware, building materials, sporting goods and automotive supplies). (Ord. 6433 § 21, 2012.) Page 84 of 1253 Chapter 18.04 ACC, Definitions Page 56 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.792 Religious institution. “Religious institution” means an establishment that provides religious worship, religious services or religious ceremonies as its principal use with the sanctuary or principal place of worship contained within a principal building. Incidental and accessory uses that include chapels or subordinate places of worship, school rooms, daycares, classrooms, kitchens, library rooms or reading rooms, recreation halls or offices are permitted in the principal building or in separate buildings. Caretaker’s quarters or living quarters for employees are also permissible as an accessory use. The following incidental and accessory uses to a religious institution are not permitted unless allowed under a valid temporary use permit issued pursuant to ACC 18.46A.070: (A) facilities for training of religious orders; (B) nonemployee rooms for rent, boarding rooms or similar facilities; or (C) public showers or other public health services. (Ord. 6245 § 3, 2009; Ord. 6014 § 1, 2006; Ord. 5550 § 1, 2001.) 18.04.794 Renting of rooms. “Renting of rooms” means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupied unit, and/or family who lives in the residence. (Ord. 6477 § 7, 2013; Ord. 6245 § 3, 2009.) 18.04.796 Repair services – Equipment, appliances. “Repair services – equipment, appliances” means repair of products, not to include vehicles or heavy equipment. These uses include consumer repair services for individuals and households for items such as household appliances, musical instruments, cameras, household electronic equipment, and similar uses. (Ord. 6433 § 22, 2012.) 18.04.800 Residence. “Residence” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term “residence” includes the term “residential” as referring to the type of, or intended use of a building or a structure. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 85 of 1253 Chapter 18.04 ACC, Definitions Page 57 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.804 Restaurant, full-service. “Full-service restaurant” means a public eating place that is used, maintained, advertised and held out to the public as a place that has a full dinner and/or lunch menu serving full course meals, daily prepared in its own kitchen, that are typically served at a table or counter. Food prepared to go or for take-out is allowed as an accessory use as long as the same menu and kitchen are used as for the full-service restaurant. This definition excludes fast food, drive-in types of restaurants, which have characteristics including but not limited to a drive- through window, counter-only service and no waiters or waitresses. A. full-service restaurant may serve alcoholic beverages that are incidental and complementary to the serving of food. A full-service restaurant may contain a lounge where the primary function is the sale, serving and consumption of alcoholic beverages, but the size of this lounge may not exceed 30 percent of the total gross floor area of the establishment. Any eating place that serves alcoholic beverages and does not meet the requirements of this definition will be considered a tavern as defined by ACC 18.04.895. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000. Formerly 18.04.805.) 18.04.805 Right-of-way. “Right-of-way” is property in which the city has any form of ownership or title and which is held for public purposes as provided for under ACC Title 12 and the city design and construction standards. (Ord. 6245 § 3, 2009.) 18.04.806 Schools, elementary and middle/junior high. “Schools, elementary and middle/junior high” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.) 18.04.807 Schools, secondary or high school. “Schools, secondary or high school” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.) Page 86 of 1253 Chapter 18.04 ACC, Definitions Page 58 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.808 Secure community transition facility. “Secure community transition facility” means a residential facility for persons civilly committed under Chapter 71.09 RCW, Sexually Violent Predators, who are conditionally released under said chapter to a less restrictive alternative (to total confinement or imprisonment). A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by or under contract with the Washington State Department of Social and Health Services. (Ord. 6245 § 3, 2009; Ord. 5690 § 3, 2002.) 18.04.809 Senior housing. “Senior housing” refers to housing stock, whether rental or occupant-owned, that specifically caters to residents aged 55 years and older, either through age requirements or through the provision of specialized care, such as nursing or dietary and personal care. This definition shall include, at a minimum, all facilities that qualify as housing for older persons under the Fair Housing Act. (Ord. 6245 § 3, 2009.) 18.04.810 Setback. “Setback” means the distance between a lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) 18.04.811 Setback area. “Setback area” means that area of a lot bounded on opposite sides by a lot line and the corresponding setback line that is unoccupied and unobstructed from the ground upward unless specifically permitted in this title. See Figure 18.04.811. Page 87 of 1253 Chapter 18.04 ACC, Definitions Page 59 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. (Ord. 6245 § 3, 2009.) 18.04.812 Setback, front. “Front setback” means the distance between a front lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) 18.04.813 Setback, rear. “Rear setback” means the distance between a rear lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) 18.04.814 Setback, side. “Side setback” means the distance between a side lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) Page 88 of 1253 Chapter 18.04 ACC, Definitions Page 60 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.815 Setback line. “Setback line” means a line which defines a setback as required by this title, which is parallel to but other than a lot line, between which no building, structure, or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this title. (Ord. 6245 § 3, 2009.) 18.04.816 Shop. “Shop” means a small retail establishment or a department in a large one offering a specified line of goods or services. (Ord. 6433 § 23, 2012.) 18.04.818 Shopping center. “Shopping center” means a series of unified commercial establishments which provide retail, business, entertainment or professional services, share the same parking facilities and contain in excess of 100,000 square feet of gross floor area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987. Formerly 18.04.810.) 18.04.820 Sign. “Sign” means any visual communication device, structure, or fixture which is visible from any right-of-way intended to aid the business establishment in question in promoting the sale of a product, goods or service using graphics, symbols or written copy. It shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.821 Site. “Site” is an area comprised of one or more legally created lots or parcels used for a development proposal in order to calculate compliance with the standards and regulations of this title. (Ord. 6245 § 3, 2009.) 18.04.822 Site area. “Site area” is the total horizontal area of a project site. (Ord. 6245 § 3, 2009.) Page 89 of 1253 Chapter 18.04 ACC, Definitions Page 61 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.823 Small domestic animal. “Small domestic animal” means a domesticated animal of ordinary species that lives, or is commonly known to be capable of living, within the confines of a residence such as dogs, cats, common rabbits, ferrets, or other similar sized animals. Other indoor animals weighing less than 10 pounds, such as, but not limited to, caged birds, small rodents, fish, and nonvenomous reptiles or amphibians, and not kept for commercial purposes, are not regulated under this title. Any endangered or exotic species are prohibited. (Ord. 6600 § 8, 2016; Ord. 6369 § 1, 2011; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.495.) 18.04.824 Social and service organizations. “Social and service organizations” refers to incorporated or unincorporated nongovernmental or private associations of persons organized for social, education, literary or charitable purposes. This definition also includes community meeting halls, philanthropic institutions, private clubs, fraternal or nonprofit organizations, and social service organizations. This definition excludes religious institutions and government facilities. (Ord. 6245 § 3, 2009.) 18.04.825 Solid waste. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.023.) 18.04.826 Solid waste processing facility. “Solid waste processing facility” means the management, collection, transportation, temporary storage, treatment, utilization, and processing of solid wastes by means of pyrolysis, refuse-derived fuel, or mass incineration within an enclosed structure. These processes may include source separation and recovery of recyclable materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to citywide or regional scale operations and does not include solid waste handling which is accessory to an individual principal use. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.025.) Page 90 of 1253 Chapter 18.04 ACC, Definitions Page 62 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.827 Special events. “Special events” means incidental use of a facility, which use is otherwise allowed or permitted in the zoning district, as a venue for hire for social gatherings. Special events do not include marketing or promotional events that are part of the normal operation of an agricultural enterprise or winery and directly related to products sourced from that operation. (Ord. 6363 § 1, 2011.) 18.04.828 Sponsoring agency. “Sponsoring agency” means an organization that joins in an application with a host agency for a temporary use permit and assumes responsibility for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 4, 2006.) 18.04.829 Store. “Store” means a business establishment where usually diversified goods are kept for retail sale. (Ord. 6433 § 24, 2012.) 18.04.830 Specified anatomical areas. Repealed by Ord. 5835. 18.04.835 Special needs housing. “Special needs housing” is housing that meets the definition of nursing home, group home, or other housing that meets the needs of special populations that need assistance or special accommodation in housing. See Chapter 18.49 ACC. Special needs housing is not a communal residence. (Ord. 6560 § 7, 2015; Ord. 6245 § 3, 2009.) 18.04.840 Specified sexual activities. Repealed by Ord. 5835. 18.04.850 Reserved. Reserved. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 91 of 1253 Chapter 18.04 ACC, Definitions Page 63 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.855 Small craft distillery. “Small craft distillery” means a production facility that manufactures distilled spirits that can contract distilled spirits for, and sell distilled spirits to, holders of distillery licenses, manufacturer’s licenses and grower’s licenses. (Ord. 6368 § 3, 2011.) 18.04.860 Story. “Story” means that portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined in this chapter for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this chapter at any point, such usable or unused underfloor space shall be considered as a story. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.870 Street, private. “Private street” means any street which is not a public street. For the purposes of this title a private street will be considered as being a public street for determining setback provisions only. Driveways which are not part of an easement, tract, alley or street shall not be considered a street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.880 Street, public. “Public street” is defined in ACC 17.04.370. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(6), 1988; Ord. 4229 § 2, 1987.) 18.04.890 Structure. “Structure” is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except benches, statuary, planter boxes less than 42 inches in height, and fences 72 inches or under in height, or paved areas. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 92 of 1253 Chapter 18.04 ACC, Definitions Page 64 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.891 Supportive housing. “Supportive housing” means a multiple-family dwelling owned or sponsored by a nonprofit corporation or government entity, designed for occupancy by individual adults that are either (A) homeless or at risk of homelessness; (B) are experiencing a disability that presents barriers to employment and housing stability; or (C) generally require structured supportive services to be successful living in the community; is permitted at a greater unit density than otherwise allowed within a particular zone; and is intended to provide long-term, rather than transitional, housing. Long-term housing is approximately longer than two years, whereas transitional housing is no more than two years. Supportive housing is not a communal residence. (Ord. 6560 § 8, 2015; Ord. 6245 § 3, 2009; Ord. 6167 § 1, 2008.) 18.04.892 Sustainable design. “Sustainable design” means design in which the impact of a building on the environment will be minimal over the lifetime of that building. Structures should incorporate the principles of energy and resource efficiency, practical applications of waste reduction and pollution prevention, good indoor air quality and natural light to promote occupant health and productivity, and transportation efficiency in design and construction, during use and reuse. (Ord. 6245 § 3, 2009; Ord. 6036 § 9, 2006.) 18.04.894 Tasting room. “Tasting room” means a location separate from, or on the same site as, the production/manufacturing site, that allows customers to taste samples of wine, beer, or other alcoholic beverage and has a state of Washington issued liquor license to operate a tasting room. In addition to sampling of alcoholic beverages, a tasting room may include retail sales for off-premises consumption. (Ord. 6368 § 4, 2011; Ord. 6363 § 1, 2011.) 18.04.895 Tavern. “Tavern” means an establishment operated primarily for the sale of wine, beer or other alcoholic beverages that may or may not include the service of food as an accessory use. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000.) 18.04.896 Transmitting tower. “Transmitting tower” means any freestanding structure whose primary purpose is the transmission and/or reception of radio signals for personal or hobby purposes. (Ord. 6245 § 3, 2009.) Page 93 of 1253 Chapter 18.04 ACC, Definitions Page 65 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.897 Unclassified use. “Unclassified use” means a land use which does not appear in a list of permitted, conditionally permitted, or accessory uses, but which is interpreted by the planning director as similar to a listed permitted, conditionally permitted or accessory use, and not otherwise prohibited, pursuant to ACC 18.02.120. (Ord. 6245 § 3, 2009.) 18.04.900 Use. “Use” means an activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.901 Utility facilities and substations. “Utility facility and substation” is any utility facility or substation that is not included in ACC 18.02.040(E). (Ord. 6245 § 3, 2009.) 18.04.910 Variance. “Variance” means an adjustment in the application of the specific regulations of this title to a particular piece of property. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.911 Walking distance. “Walking distance” means an area without physical space impediments for a walkable pathway without ADA obstruction.. 18.04.912.1 Wine production facility. “Wine production facility” means a production facility that manufactures wine. A wine production facility may sell wine of its own production at retail for on – and off-premises consumption, and may act as a distributor for wine of its own production. (Ord. 6368 § 5, 2011.) Page 94 of 1253 Chapter 18.04 ACC, Definitions Page 66 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.9112.1 Winery. “Winery” means a facility licensed as a domestic winery under RCW 66.04.010 where fruit or other ingredients are processed (i.e., crushed, fermented, blended, aged, and/or stored, bottled) and may include as incidental and/or accessory to the principal use a tasting room, food and beverage service, places of public/private assembly and/or retail sales area. (Ord. 6433 § 2, 2012; Ord. 6363 § 1, 2011. Formerly 18.04.911A.) Code reviser’s note: Ordinance 6363 adds these provisions as Section 18.04.911. The section has been renumbered to avoid duplication of numbering. 18.04.912 Wireless communications. A. “Alternative tower structure” means manmade 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 camouflage or conceal 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 device 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 nondirectional 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. C. “Attached wireless communications facility” means a wireless communications facility that is affixed to an existing structure other than a tower. Examples of attached wireless communications 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 or a parking lot light standard). 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 communications tower as defined in this title or any equipment associated with a wireless communications tower. E. “Concealment” or “concealment design techniques” means that a wireless communications facility is concealed or utilizes concealment when any measures are used in the design and siting of wireless communications facilities intended to make the facility look like something other than a wireless tower or base Page 95 of 1253 Chapter 18.04 ACC, Definitions Page 67 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. station. For example, a wireless communications 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 communications facility is not readily apparent. The terms do not include fencing and landscape screening that is used to enhance visual compatibility at ground level. F. “Carrier” means a company providing wireless communications services, also referred to as a wireless service provider. G. “Co-location” means: (1) mounting or installing a WCF on a preexisting 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 frequency signals for communications purposes. H. “Eligible facilities request (EFR)” means any request for modification of an existing wireless communications 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 communications 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 communications tower or base station as defined in this title and that has proposed alterations that meet the standards of an eligible facilities request. 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 communications 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 communications 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. Page 96 of 1253 Chapter 18.04 ACC, Definitions Page 68 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. M. “Microcells” are small wireless facilities consisting of an antenna that is either: (1) no more than four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in height. N. “Monopole” means a single, freestanding pole-type structure supporting one or more antennas. O. “Separation” means minimum distance required by city regulation between the base of towers. P. “Site” for purposes of this chapter means, for wireless communications towers other than wireless communications towers in the public way, the current boundaries of the leased or owned property surrounding the wireless communications 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 10 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 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 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 20 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; 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 10 percent larger in height or overall volume than any other ground 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 Page 97 of 1253 Chapter 18.04 ACC, Definitions Page 69 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 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 (R)(1) through (4) of this section. 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 communications tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. S. “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. T. “Toll” and “tolling” mean 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. W. “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 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, directional, omni-directional and parabolic antennas, support equipment, alternative tower structures, and wireless communications 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 Page 98 of 1253 Chapter 18.04 ACC, Definitions Page 70 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. or telephones and their associated transmitting antennas, nor does it include other facilities specifically exempted from the coverage of this title. (Ord. 6799 § 4 (Exh. D), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1, 1997.) 18.04.913 Work/live unit. “Work/live unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure , either single dwelling or multi-unit dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:includes a complete dwelling unit and working space reserved for and regularly used by one or more occupants of the dwelling unit. Within a work/live unit the “work” component is the primary use, to which the residential use is secondary. While the work component of a live/work unit is secondary to its residential use. Work/live units are allowed within mixed-use developments. A. A complete dwelling unit; and B. Working space reserved for and regularly used by one or more occupants of the dwelling unit. The difference between a work/live unit and a live/work unit (defined in ACC 18.04.527) is that the “work” component of a work/live unit is primary use, to which the residential use is secondary, while the work component of a live/work unit is secondary to its residential use, and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment. (Ord. 6433 § 25, 2012.) 18.04.914 Work release facility. “Work release facility” means a residential alternative to imprisonment, including work/training release and prerelease programs which are under the supervision of a court, federal, state or local agency. This definition excludes at-home electronic surveillance. (Ord. 6245 § 3, 2009; Ord. 4590 § 4 (Exh. C), 1992.) 18.04.920 Yard. See ACC 18.04.811, Setback area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.930 Yard, front. See ACC 18.04.812, Setback, front. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 99 of 1253 Chapter 18.04 ACC, Definitions Page 71 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.940 Yard, rear. See ACC 18.04.813, Setback, rear. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.950 Yard, side. See ACC 18.04.814, Setback, side. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.954 Youth community support facility. “Youth community support facility” means a building, or a group of buildings within a campus setting, owned and operated by a nonprofit corporation or government entity that provides supportive services to children and young adults (under the age of 26) and families (with a child or young adult under the age of 26), who are homeless, at risk of homelessness, at risk of exploitation, experiencing a disability that presents barriers to employment and housing stability; or generally require structured supportive services to be successful living in the community; by providing counseling and case management, transitional housing (housing for no more than two years), temporary housing (i.e., limited to overnight stay), and daytime drop-in services (e.g., meals, showers, counseling, etc.). This definition does not include facilities providing housing for criminal justice, parole, or probation programs. Youth community support facilities are not stand-alone “supportive housing” or “communal residences.” (Ord. 6688 § 1 (Exh. 1), 2018.) 18.04.960 Zone. “Zone” means an area accurately defined as to boundaries and location on an official map to which a uniform set of regulations applies controlling the types and intensities of land uses, as set forth in this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.1001 Child care center. “Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning under Chapter 170-295 WAC. (Ord. 6642 § 15, 2017.) Page 100 of 1253 Chapter 18.04 ACC, Definitions Page 72 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.1005 Marijuana or marihuana. “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 6642 § 16, 2017.) 18.04.1007 Marijuana cooperative. “Marijuana cooperative” means up to four qualifying patients, as defined by RCW 69.51A.010(19), who share responsibility for acquiring and supplying the resources needed to produce and process marijuana, including tetrahydrocannabinols or cannabimimetic agents, only for the medical use of members of the cooperative and not for profit. (Ord. 6642 § 17, 2017.) 18.04.1009 Marijuana-infused products. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana. (Ord. 6642 § 18, 2017.) 18.04.1011 Marijuana processor. “Marijuana processor” means any person or entity licensed by the Washington State Liquor and Cannabis Board to process, package, and label marijuana concentrates, including tetrahydrocannabinols or cannabimimetic agents, in accordance with the provisions of Chapters 65.50 and 69.51A RCW and Chapter 314-55 WAC. (Ord. 6642 § 19, 2017.) 18.04.1013 Marijuana producer. “Marijuana producer” means any person or entity licensed by the Washington State Liquor and Cannabis Board to produce marijuana, including tetrahydrocannabinols or cannabimimetic agents, for wholesale to marijuana processors and other marijuana producers pursuant to RCW 69.50.325. (Ord. 6642 § 20, 2017.) Page 101 of 1253 Chapter 18.04 ACC, Definitions Page 73 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.1015 Marijuana related business. “Marijuana related business” means a person or entity engaged in for-profit activity that includes the possession, cultivation, production, processing, distribution, dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by the Controlled Substances Act, codified at 21 USC Section 812, including marijuana retailers, marijuana processors, and marijuana producers, as defined herein. (Ord. 6642 § 21, 2017.) 18.04.1017 Marijuana retailer. “Marijuana retailer” means any person or entity established for the purpose of making marijuana concentrates, usable marijuana and marijuana-infused products, including tetrahydrocannabinols or cannabimimetic agents, available for sale to adults aged 21 and over. (Ord. 6642 § 22, 2017.) 18.04.1019 Marijuana researcher. “Marijuana researcher” is a position licensed by the Washington State Liquor and Cannabis Board that permits a licensee to produce, process, and possess marijuana for the limited research purposes set forth in RCW 69.50.372. (Ord. 6642 § 23, 2017.) 18.04.1021 Marijuana transporter. “Marijuana transporter” is a position licensed by the Washington State Liquor and Cannabis Board pursuant to WAC 314-55-310 that allows a licensee to physically transport or deliver marijuana, marijuana concentrates, and marijuana-infused products between licensed marijuana businesses within Washington State. (Ord. 6642 § 24, 2017.) 18.04.1023 Public or private park. “Public or private park” means an area of land for the enjoyment of the public or private parties, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a private for-profit entity, a nonprofit entity, a homeowners’ association, city, county, state, federal government, sovereign nation or metropolitan park district. Public park does not include trails. (Ord. 6642 § 25, 2017.) Page 102 of 1253 Chapter 18.04 ACC, Definitions Page 74 of 74 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.1025 Public or private playground. “Public or private playground” means a public or private outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a private business, a nonprofit entity, city, county, state, or federal government or sovereign nation. (Ord. 6642 § 26, 2017.) 18.04.1027 Public or private recreational center. “Public or private recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a private business, charitable nonprofit organization, sovereign nation, city, county, state, or federal government. (Ord. 6642 § 27, 2017.) 18.04.1029 Public transit center. “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. (Ord. 6642 § 28, 2017.) The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Code Publishing Company, A General Code Company Page 103 of 1253 Chapter 18.07 ACC, Residential Zones Page 1 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Chapter 18.07 RESIDENTIAL ZONES Sections: 18.07.010 Intent. 18.07.020 Uses. 18.07.030 Development standards. 18.07.010 Intent. A. General. This section describes the intent for each of the city’s residential zones. These intent statements may be used to guide the interpretation of the regulations associated with each zone. B. RC Residential Conservancy Zone. – One Dwelling Unit per Four Acres. The 1. RC residential conservancy zone is intended primarily to provide for low-intensity single-family residential uses with characteristics of an agricultural environment; provided, that the agricultural uses are secondary to the single-family uses. These areas allow for a lifestyle similar to that of rural areas that includes allowance of farm animals and streets without sidewalks. This zone is intended to protect areas with significant environmental constraints or values from impacts typically associated with urban levels of development while allowing low-intensity development designed to minimize impacts on the natural environmental features designated for conservation. 2. Public improvements required within the RC zone will be less than is normally required for the higher intensity residential zones within the city and are not subject to the city’s complete streets policies. 3. This zone shall only be applied in areas designated as residential conservancy on the comprehensive plan. This zone shall allow one dwelling unit per four acres minimum lot area. C. R-1 Residential Zone. – One Dwelling Unit per Acre. Page 104 of 1253 Chapter 18.07 ACC, Residential Zones Page 2 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 1. The intent of the R-1 residential zone is to provide areas for estate-type residential development on large lots in areas that are intended to create an open space separation between existing urban areas that are unique from each other and where limited public utilities and transportation infrastructure are present. . This zone would normally be located in the areas particularly suited for such development. Appropriate development standards required of other urban areas shall be required to serve this zone. 2. R-1 implements the Neighborhood Residential One comprehensive plan land use designation. D. R-2 Residential Low Zone. 1. The R-2 Residential Low zone is intended lower intensity residential development consisting of single-unit detached houses, townhouse, duplex, triplex, fourplex, two- story stacked flats, courtyard apartments, cottage housing on lot sizes typical of suburban and urban development. This residential zone allows flexibility in the types and densities of housing permitted while at the same time maintaining a desirable family living environment by establishing minimum usable open spaces, maximum impervious coverage, and maximum units per lot area with the character and scale of traditional single-unit detached neighborhoods. 2. A related consideration of this zone is to provide a transition between low-intensity residential development areas and higher- and lower-intensity designations. Small-scale, community-based commercial development that provides services to the local neighborhood will be considered through the administrative use permit process. 3. R-2 implements the Neighborhood Residential Two comprehensive plan land use designation. E. R-3 Residential Moderate Zone. 1. The intent of the R-3 Residential Moderate zone is to allow all residential and commercial types and uses provided in the R-2 Residential zone, while allowing additional intensity through allowing stacked flats up to three stories, fiveplexes, and sixplexes. Single-unit detached houses are not permitted in the R-3 zone. Apartment buildings and Mixed-Use development consisting of no more than 20 units and 3-stories Page 105 of 1253 Chapter 18.07 ACC, Residential Zones Page 3 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. per lot is permitted. Supportive Housing and residential care developments are permitted in this zone to provide additional needed housing options but must still adhere to the residential density and unit limitations established within this category. Small-scale commercial development providing services to the area is encouraged in this zone and implemented through the administrative use permit process. 2. R-3 implements the Neighborhood Residential Two comprehensive plan land use designation. F. R-4 Residential High Zone. 1. The R-4 Residential High zone is intended to maximize residential density opportunities and is further intended as a residential zone primarily of Middle Housing and multiple-story apartment and mixed-use development. This zone is characterized by a more active living environment near transit, urban services and commercial uses. The R-4 Residential zone allows for all uses allowed in the R-3 zone, plus apartment and mixed-use development of more than 20 units and 3-stories per lot is permitted. Small- scale commercial development providing services to the area is encouraged in this zone and implemented through the administrative use permit process. 2. R-4 implements the Neighborhood Residential Three comprehensive plan land use designation. G. R-NM Residential Neighborhood Mixed-Use Zone. 1. The intent of the R-NM Residential Mixed-Use zone is to provide a flexible approach that achieves a mix of dense residential development and light commercial uses in either a vertical or horizontal configuration. Within this zone there will be a mix of retail, office, middle housing, and multi-story residential uses, with attractive design and accessible spaces for people to live, work, and visit. This zoning designation is served primarily by a combination of transit, pedestrian, and/or bicycle facilities allowing people to access amenities without needing a personal vehicle. Uses and densities allowed within this zone will be consistent with the uses permitted in the C-1 Light Commercial and the densities of the R4 - Residential High zone. New development and redevelopment will incorporate a mix of residential and commercial uses. In addition, parks and open spaces are encouraged and may be permitted through the administrative use permit process. Page 106 of 1253 Chapter 18.07 ACC, Residential Zones Page 4 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 2. Street-level development is encouraged to be retail or higher traffic local businesses or offices, and residential is encouraged on the upper levels of buildings. This zoning district should walkable and bikeable to neighborhood commercial services and transit facilities and have a high level of street activation and amenities. H. R-F – Residential Flex Zone. 1. The R-F Residential-Flex zone is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, salons and other personal services, eating and drinking establishments, and banks and similar financial institutions at locations where they are compatible with residential uses. Accessory retail may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along corridors serving lower density residential land uses. Conversion of residential uses to commercial uses is geared towards encouraging adaptive reuse of existing single-unit structures that continue to appear in accord with the single-unit residential character. New development in the RF – Residential-Flex zone should not exceed two-stories or footprint that is designed to maintain a character and a scale smaller than the R-NM Residential Mixed-use Residential zone. Page 107 of 1253 Chapter 18.07 ACC, Residential Zones Page 5 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. D. R-5 Residential Zone – Five Dwelling Units per Acre. The R-5 single-family residential zones are intended to create a living environment of optimum standards for single- family dwellings. It is further intended to achieve development densities of four to five dwelling units per net acre. This zone will provide for the development of single-family detached dwellings and for such accessory uses as are related, incidental and not detrimental to the single-family residential environment. E. R-7 Residential Zone – Seven Dwelling Units per Acre. The R-7 single-family residential zones are intended to create a living environment of optimum standards for single- family dwellings. It is further intended to achieve development densities of five to seven dwelling units per net acre. This zone will provide for the development of single-family detached dwellings and for such accessory uses as are related, incidental and not detrimental to the residential environment. F. R-10 Residential Zone – 10 Dwelling Units per Acre. The R-10 residential zones are intended to permit some increase in population density in those areas to which this classification applies by permitting single-family dwellings and duplexes on a minimum size lot while at the same time, by means of the standards and requirements set forth in this chapter, maintaining a desirable family living environment by establishing minimum lot areas, yards and open spaces. A related consideration is to provide a transition between single-family areas and other intensive designations or activities which reduce the suitability for single- family uses. G. R-16 Residential Zone – 16 Dwelling Units per Acre. The R-16 zone is intended to provide for medium density multiple-family residential development as designated in the comprehensive plan, and is further intended as a residential zone of single, duplex and multiple-family residences, except as specifically provided elsewhere in this chapter. Page 108 of 1253 Chapter 18.07 ACC, Residential Zones Page 6 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. H. R-20 Residential Zone – 20 Dwelling Units per Acre. The R-20 zone is intended to provide for multiple-family residential development and is further intended as a residential zone primarily of multiple-family residences, except as specifically provided elsewhere in this chapter. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. I. Except as specifically provided in the city code, no business or commercial use shall be allowed in a residential district of the city that does not have a city of Auburn business license. (Ord. 6525 § 6, 2014; Ord. 6245 § 5, 2009.) 18.07.020 Uses. Table 18.07.020. Permitted Use Table – Residential Zones P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-25 R-37 R- 410 R- NM16 R- F20 A. Residential Uses. Accessory dwelling units subject to the provisions contains in Chapter 18.32 P1 P1 P1 P1 PX1 PX1 XP1 Accessory use, residential P P P P P P P Adult family home P P P P P P1 P Apartments (7 units or more) X X X P11 P P X Bed and breakfast or short-term rentals P P P P P XP P Page 109 of 1253 Chapter 18.07 ACC, Residential Zones Page 7 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Caretaker apartment X X X X X P X Communal residence four or less individuals P P P P P XP P Duplexes; provided, that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC (Infill Residential Development Standards) X X A P P P X Foster care homes P P P P P XP P Group residence facilities (7 or more residents) X X X PX PC PC PC Group residence facilities (6 or fewer residents) P P P P P P P Keeping of animals4 P2 P2 P2 P2 P2 P2 P2 Multiple-family dwellingsMiddle housing subject to the provisions in Chapter 18.25 (2 to 6 units) PX XP XP XP AP PP PP Neighborhood recreational buildings and facilities owned and managed by the neighborhood homeowners’ association A6 A6 A6 A6 A6 P P Use as dwelling units of (1) recreational vehicles that are not part of an approved recreational vehicle park, (2) boats, (3) automobiles, and (4) other vehicles X X X X X X X Renting of rooms, for lodging purposes only, to accommodate not more than two persons in addition to the family or owner occupied unit8 P P P P P P P Page 110 of 1253 Chapter 18.07 ACC, Residential Zones Page 8 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Residential care facilities including but not limited to assisted living facilities, convalescent homes, continuing care retirement facilities P P XP XP AP P P Single-unitfamily detached dwellings, new P P P PX PX PX P Supportive housing, subject to the provisions of ACC 18.31.160 X X X PX XP P P Swimming pools, tennis courts and similar outdoor recreation uses only accessory to residential or park uses P P P P P P P Townhouses (attached) X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial recreation facility, indoor X X X X P P X Commercial retail establishment, included as part of mixed-use development and not a home occupation in compliance with Chapter 18.60 ACC XX XX AX AX PA PA AA Convenience store X X X X P P X Daycare, limited to a mini daycare center. Daycare center, preschool or nursery school may also be permitted but must be located on an arterial X PA AP AP AP AP AP Grocery or specialty food store X X X A P P A Home-based daycare as regulated by RCW 35.63.185 and through receipt of P P P P P P P Page 111 of 1253 Chapter 18.07 ACC, Residential Zones Page 9 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. approved city business license Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P 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, 10 X X X PX P P P Personal service shop X X A P P P P Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not homeowners’ association-owned recreational area X A A A A P P Professional offices, included as part of mixed-use development and not a home occupation in compliance with Chapter 18.60 ACC X X AX XA AP9 AP AP Restaurant, café, or coffee shop X X A A P P A Neighborhood retail establishment X X A A P P P Page 112 of 1253 Chapter 18.07 ACC, Residential Zones Page 10 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. C. Resource Uses. Agricultural enterprise:7 When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year A7 X X X X X X When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per calendar year C7 X X X X X X Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing4 P X X X X X X Public and private stables4 P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements P X X X X X X Fish hatcheries C X X X X X X Page 113 of 1253 Chapter 18.07 ACC, Residential Zones Page 11 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 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 acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D wireless communications facility (see ACC 18.04.912(W) and ACC 18.31.100) P P P P P P P Eligible facilities request (EFR) (wireless communications facility – See ACC 18.04.912(H)) P P P P P P P Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P 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. Page 114 of 1253 Chapter 18.07 ACC, Residential Zones Page 12 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 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. 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. 9 As component of Mixed-use developments and/or office ground floor uses permitted up to 5,000 square feet. 10 Commercial uses permitted outright, or allowed administratively or conditionally in this table may be allowed as part of mixed-use development. 11 Apartment buildings and Mixed-use development consisting of no more than 20 units and 3-stories per lot is permitted. (Ord. 6799 § 5 (Exh. E), 2020; 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.) 18.07.030 Development standards. Table 18.07.030. Residential Development Standards Page 115 of 1253 Chapter 18.07 ACC, Residential Zones Page 13 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Standard RC R-1 R-25 R-37 R-410 R-NM16 R-F20 A Base density (units per net acre) 0.25 1 5 7 10 16 20 A B Minimum density, units or lots per acre (lot area per unitunits per net acre)1, 5, 6 0.25 (174,00 0 sf of lot area per unit) 1 (43,500 sf of lot area per unit) 47 (6,222 sf lot area per unit) 512 (3,630 sf lot area per unit) 8 16 (2,723 sf lot area per unit) 1230 (1,452 sf lot area per unit) 157 (6,222 sf lot area per unit) B C Minimum lot area per dwelling unit size (square feet) 8 174,240 174,000 35,00043, 500 4,5004,40 0 4,3002,70 0 2,0002,20 0 2,0002,20 0 2,0004,40 0 C D Minimum lot width (feet)2, 5, 8 125 125 5040 20 for interior lots; 35 for exterior lots40 20 for interior lots; 35 for exterior lots 20 for interior lots; 35 for exterior lots 20 for interior lots; 35 for exterior lots40 D Units allowed 1 Base units allowed 4 4 4 4 4 4 4 Page 116 of 1253 Chapter 18.07 ACC, Residential Zones Page 14 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. per lot7 2 Base units per lot allowed with transit or affordabilit y bonus7 6 6 6 6 6 6 6 3 Lot area per unit above base (B1 or B2 as applicable) allowance (square feet)7 X X 1,250 750 N/A N/A 1,250 4 Maximum units per lot7 6 6 6 20 N/A N/A 6 E Minimum setbacks (feet)2,3 1 Residence front setback3 35 35 10 10 10 10 10 2 Garage (minimum front setback required 20 20 20 20 20 20 20 unless alley- loaded then 15 provided Page 117 of 1253 Chapter 18.07 ACC, Residential Zones Page 15 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. from street access)3 there are 20 feet from any garage 3 Setback to any property line for barns, stables, or similar structures for enclosure of large domestic animals For other animals, see the supplemen tal developme nt standards for animals in ACC 18.31.220 75 X X X X X X 4 Setback to any property line for any 35 X X X X X X Page 118 of 1253 Chapter 18.07 ACC, Residential Zones Page 16 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. corral, exercise yard, or arena for large domestic animals For other animals, see the supplemen tal developme nt standards for animals in ACC 18.31.220 5 Interior side setback 20 10 5 5 5 5 5 6 Street side setback3 In all zones, 20 feet minimum street side setback required from street 35 20 10 10 10 10 10 Page 119 of 1253 Chapter 18.07 ACC, Residential Zones Page 17 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. access. 7 Rear setback3 35 2035 1520 1520 1020 1020 1520 8 Rear setback, detached structure3, 9 In all zones, 20 feet minimum street side setback required from street access.In all zones, 20 feet for structure with vehicular entrance oriented toward street or public alley3 15 15 10 5 5 5 105 F Maximum lot coverage (%) 25 35 40 50 60 70 70 Page 120 of 1253 Chapter 18.07 ACC, Residential Zones Page 18 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. F G Maximum impervious area (%) 25 50 6575 7580 N/A90 N/A90 N/A75 G H Maximum building height (feet) 35 35 35 4535 4575 4575 5045 HI Maximum height of accessory buildings and structures 354 35 2416 2416 2416 24N/A 24N/A IJ Minimum front setback area landscape strip (feet) N/A N/A N/A5 5 10 10 10N/A JK Minimum side setback area landscape strip (feet) N/A N/A 5N/A 5 10 10 10N/A KL Minimum landscaped open space (%) N/A N/A N/A See Chapter 18.50 ACC See Chapter 18.50 ACCN/A See Chapter 18.50 ACC20 See Chapter 18.50 ACC20 20N/A 1 See ACC 18.02.065 for calculating density. Page 121 of 1253 Chapter 18.07 ACC, Residential Zones Page 19 of 19 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 2 All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the satisfaction of the city engineer that all required utility infrastructure, access requirements, and street elements can be accommodated in accordance with the design and construction standards. 3 In addition to meeting setback requirements, all structures must meet sight distance requirements in accordance with city design and construction standards. 4 Barns and other specialized structures used for agricultural purposes may exceed the height limits. 5 Provision applicable to residential subdivision. 6 Does not apply to lots under 15,000 square feet. 7 See ACC 18.02.067 for calculating units allowed per lot. 8 Applies to new parent lots within a unit lot subdivision. 9 When abutting an alley, detached accessory dwelling units are allowed within the rear setback. (Ord. 6661 § 3, 2018; Ord. 6600 § 10, 2016; Ord. 6245 § 5, 2009.) The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by General Code. Page 122 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 1 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 18.09 R-MHC MANUFACTURED/MOBILE HOME COMMUNITY ZONE Sections: 18.09.010 Intent. 18.09.020 Uses. 18.09.030 Development standards. 18.09.010 Intent. The intent of the R-MHC manufactured/mobile home community zone is to provide a residential zone of single-family unit manufactured homes exclusively within a planned community. It is further intended that the R-MHC zone shall only be prescribed in those areas that are bordered on, contain physical features, or shall be planned and designed as part of a larger development incorporating other housing types in a manner which limits further expansion into adjacent areas. (Ord. 6245 § 6, 2009.) 18.09.020 Uses. Permitted Use Table – Residential Zoning Designations Land Use R-MHC Zone A Manufactured/mobile home community P B Residential accessory use P C Manufactured/mobile home P Page 123 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 2 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Land Use R-MHC Zone community accessory use D Keeping of not more than six household pets. This limit shall not apply to birds, fish, or suckling young of pets. P E Home-based daycare P F Daycare limited to a mini daycare center, daycare center, or preschool/nursery school A G Marijuana cooperative X H Marijuana processor X I Marijuana producer X J Marijuana related business X K Marijuana researcher X L Marijuana retailer X M Marijuana transport business X P = Permitted Use A = Use may be permitted in district when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC. C = Use may be permitted in district when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC. Page 124 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 3 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. X = Prohibited Also see ACC 18.02.120 for further rules on interpretation. (Ord. 6642 § 5, 2017; Ord. 6269 § 4, 2009; Ord. 6245 § 6, 2009.) 18.09.030 Development standards. Table 18.09.030. Development Standards Development Standard1 R-MHC Zone A Base density (units per net acre) 10 B Minimum density (units per net acre) 8 C Minimum lot area (square feet) 217,8002 D Minimum lot area per dwelling unit (square feet) 2,500 E Minimum average lot area per dwelling unit (square feet) 4,300 F Minimum front setback (feet) Manufactured home community street: 8 Public or other private street: 20 G Minimum interior side setback (feet) Minimum distance between any manufactured home and/or accessory building and the manufactured home and/or accessory building on the adjoining space: 10 H Minimum street side setback (feet) Manufactured home community street: 5 Public or other private street: 10 Page 125 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 4 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Development Standard1 R-MHC Zone I Minimum rear setback (feet) Minimum distance between any manufactured home and/or accessory building and the manufactured home and/or accessory building on the adjoining space: 10 Manufactured home community street: 8 Public or other private street: 20 J Accessory structure setbacks There shall be a minimum of 10 feet between any two manufactured homes, between any manufactured home and accessory building on adjoining spaces, and between any other accessory buildings on adjoining spaces K Special setbacks for manufactured homes structures that abut another zoning district Setbacks shall be the same as provided for in the adjoining zone. However, in no case shall the setbacks be less than as prescribed in this subsection. L Maximum building height (feet) Main building: 30 feet Accessory building: 16 feet M Fences and hedges A six-foot high screened fence shall be constructed around the perimeter of the community. For those community boundaries that abut a public street the fence shall set back 20 feet and the 20-foot setback area landscaped with Type III landscaping (see ACC 18.50 for landscaping type). N Supplemental R-MHC development standards See ACC 18.31.190 Page 126 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 5 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Development Standard1 R-MHC Zone O Landscaping See Chapter 18.50 ACC P Parking See Chapter 18.52 ACC Q Signs See Chapter 18.56 ACC 1 All minimum lot widths, setbacks, and landscaping strips are subject to demonstration that all required utility infrastructure, access requirements, and street elements are provided for in accordance with city design and construction standards. 2 Minimum site area for development of the manufactured home park or community. (Ord. 6245 § 6, 2009.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 127 of 1253 Chapter 18.21 ACC, Overlays Page 1 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Chapter 18.21 OVERLAYS Sections: 18.21.010 Lea Hill overlay. 18.21.020 West Hill overlay. 18.21.030 Urban separator overlay. 18.21.010 Lea Hill overlay. A. Purpose. The purpose of this section is to provide for additional development standards to address the area commonly referred to as the Lea Hill annexation area, as annexed under city of Auburn Ordinance Nos. 5346 and 6121, and identified on the city of Auburn comprehensive zoning map. While the intent is that the development standards for zones in the Lea Hill annexation area will be similar to (if not the same as) corresponding zones in other areas of the city, some variations are needed to recognize previous development allowed by King County zoning. Unless otherwise provided for in this section, all other provisions and requirements of this title shall apply to properties within the Lea Hill overlay. B. Development Standards – Lots Previously Approved. 1. For any residential lot that had received final plat approval, final short plat approval, or preliminary plat approval or that King County had received and determined the application complete for a preliminary plat or short plat, prior to the effective date of annexation into the city of Auburn, the development standards in the following table shall apply. The property owner/applicant shall be responsible to provide to the city evidence of these previous approvals. 2. Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in the applicable zoning chapters of this title, except as modified by this section. For farm animals, subsection E of this section or ACC 18.31.220 shall apply. Page 128 of 1253 Chapter 18.21 ACC, Overlays Page 2 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Zone Min Lot Area (Sq. Ft.) Min Lot Area (Sq. Ft. per Unit) Min Lot Width (Ft.) Max Lot Coverage (%) Setbacks1* Building Height Front (Ft.) Rear (Ft.) Side, Interior (Ft.) Side, Street (Ft.) Main (Ft.) Accessory (Ft.) R-1 8,000 N/A 35 35 20 5 5 10 35 35 R-252 2,500 N/A 30 35 10 5 5 10 35 16 R-273 2,500 6,000 30 35 10 5 5 10 35 16 R-3104 2,500 4,300 30 40 10 5 5 10 35 35 R-3165 2,500 2,700 30 55 10 5 5 10 35 35 R-4206 2,500 2,175 30 55 10 5 5 10 35 35 1* Garages and other similar structures with a vehicular access require a 20-foot setback from any street. 2 Annexed as R-5 zone under city of Auburn Ordinance Nos. 5346 and 6121. 3 Annexed as R-7 zone under city of Auburn Ordinance Nos. 5346 and 6121. 4 Annexed as R-10 zone under city of Auburn Ordinance Nos. 5346 and 6121. 5 Annexed as R-16 zone under city of Auburn Ordinance Nos. 5346 and 6121. 6 Annexed as R-20 zone under city of Auburn Ordinance Nos. 5346 and 6121. C. Prior King County Approvals. The city of Auburn will recognize the terms of any King County- approved plat, PUD, conditional use permit, contract rezone or similar contractual obligations that may have been approved prior to the effective date of the annexation of the subject property. The conditions of any project that was approved by King County shall be required to be fulfilled in the city of Auburn. D. Planning Director Authorization. The planning director shall be authorized to interpret the language of any King County permit, plat or condition thereof and effectuate the implementation of same to the fullest extent possible. If there is a conflict between a previous Page 129 of 1253 Chapter 18.21 ACC, Overlays Page 3 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. King County approval and the Auburn regulation then the most restrictive provision shall apply as determined by the planning director. E. Farm Animals. 1. For properties greater than an acre in the R-1, R-5 and R-7 zones, it is permissible to keep farm animals (excluding goats and swine in the R-5 and R-7 zones); provided, there shall not be more than one horse, cow, donkey or other similar large animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals per each acre of enclosed usable pasture or roaming area. This acreage requirement is in addition to the minimum lot size requirements of the zone. Property owners of more than an acre in the Lea Hill overlay may choose to apply these standards or the standards in ACC 18.31.220. 2. Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and shall be 100 feet from any public street or alley. Any corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture area. 3. For those properties that do not meet the requirements of subsection (E)(1) of this section, and farm animals were present prior to annexation, the farm animals may remain as legal nonconforming uses. In such case the number of farm animals allowed may be the same as what the county zoning provisions had allowed prior to the effective date of the annexation of the subject property. F. Lot Averaging – R-1 Zone. It may be possible to subdivide land in the R-1 zone into lots smaller than 35,000 square feet if the property has a significant amount of nonbuildable land due to steep slopes, wetlands or similar features that would be in the public’s best interest to maintain. The following regulations shall apply in situations where lot averaging is permitted or required: 1. At least 50 percent of the subdivision must be set aside as open space. Critical areas (i.e., steep slopes, wetlands) can count towards the 50 percent requirement. Maintenance of the open space tract or easement shall be the responsibility of the property owner and/or a homeowners’ association. Page 130 of 1253 Chapter 18.21 ACC, Overlays Page 4 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. 2. The number of allowable lots in a subdivision shall be determined by multiplying the total number of acres in the subdivision by one. Any fraction shall be rounded to the nearest whole number with one-half being rounded up. 3. The minimum size of any lot shall be 8,000 square feet. For lots less than 35,000 square feet, the minimum lot width shall be consistent with the requirements of the R-5 zone (Chapter 18.07 ACC). All other applicable development standards related to the R-1 zone will continue to apply. 4. Lots within the subdivision shall be clustered so as to provide for continuity of open space within the subdivision and, where possible, with adjoining parcels. 5. Each lot within a subdivision shall illustrate a building area within which the house, accessory structures, and parking areas shall be constructed. The building area shall be exclusive of setbacks, nonbuildable areas or any required buffers from the nonbuildable areas. Any preliminary plat, final plat or short plat shall illustrate the building area for each lot. Any future construction will be limited to the identified building area. 6. A native growth protection easement or similar device, which may include provisions for the limited removal of vegetation and passive use of the easement, that perpetually protects the nonbuildable areas must be recorded with the final plat or short plat. G. All marijuana related businesses and marijuana cooperatives are prohibited land uses within the Lea Hill overlay. (Ord. 6642 § 6, 2017; Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.) 18.21.020 West Hill overlay. A. Purpose. The purpose of this section is to provide for additional development standards to address the area commonly referred to as the West Hill annexation area, as annexed under city of Auburn Ordinance No. 6122 and identified on the city of Auburn comprehensive zoning map. While the intent is that the development standards for zones in the West Hill annexation area will be similar to (if not the same as) corresponding zones in other areas of the city, some variations are needed to recognize previous development allowed by King County zoning. Unless otherwise provided for in this section, all other provisions and requirements of this title shall apply to properties within the West Hill overlay. Page 131 of 1253 Chapter 18.21 ACC, Overlays Page 5 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. B. Development Standards – Lots Previously Approved. 1. For any residential lot that had received final plat approval, final short plat approval, preliminary plat approval or that King County had received and determined the application complete for a preliminary plat or short plat, prior to the effective date of annexation, the development standards in the following table shall apply. The property owner/applicant shall be responsible to provide evidence of these previous approvals/decisions. 2. Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in the applicable zoning chapters of this title, except as modified by this section. For farm animals, subsection E of this section or ACC 18.31.220 shall apply. Zone Min Lot Area (Sq. Ft.) Min Lot Area (Sq. Ft. per Unit) Min Lot Width (Ft.) Max Lot Coverage (%) Setbacks1* Building Height Front (Ft.) Rear (Ft.) Side, Interior (Ft.) Side, Street (Ft.) Main (Ft.) Accessory (Ft.) R-1 8,000 N/A 35 35 20 5 5 10 35 35 R-252 2,500 N/A 30 35 10 5 5 10 35 16 R-723 2,500 6,000 30 35 10 5 5 10 35 16 * 1 Garages and other similar structures with a vehicular access require a 20-foot setback from any street. 2 Annexed as R-5 zone under city of Auburn Ordinance No. 6122. 3 Annexed as R-7 zone under city of Auburn Ordinance No. 6122. C. Prior King County Approvals. The city of Auburn will recognize the terms of any King County- approved plat, PUD, conditional use permit, contract rezone or similar contractual obligations that may have been approved prior to the effective date of the annexation of the subject property. The conditions of any project that was approved by King County shall be required to be fulfilled in the city of Auburn. Page 132 of 1253 Chapter 18.21 ACC, Overlays Page 6 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. D. Planning Director Authorization. The planning director shall be authorized to interpret the language of any King County permit, plat or condition thereof and effectuate the implementation of same to the fullest extent possible. If there is a conflict between a previous King County approval and the Auburn regulation, then the most restrictive provision shall apply as determined by the planning director. E. Farm Animals. 1. For properties greater than an acre in the R-1, R-5 and R-7 zones within the West Hill overlay, it is permissible to keep farm animals (excluding goats and swine in the R-5 and R-7 zones); provided, there shall not be more than one horse, cow, donkey or other similar large animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals per each acre of enclosed usable pasture or roaming area. This acreage requirement is in addition to the minimum lot size requirements of the applicable zone. Property owners of more than an acre in the West Hill overlay district may choose to apply these standards, or the standards in ACC 18.31.220. 2. Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and no closer than 100 feet from any public street or alley. Any corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture areas. 3. For those properties that do not meet the requirements of subsection (E)(1) of this section, and farm animals were present prior to annexation, the farm animals may remain as legal nonconforming uses. In such case, the number of farm animals allowed may be the same as what the county zoning provisions had allowed prior to the effective date of the annexation of the subject property. F. All marijuana related businesses and marijuana cooperatives are prohibited land uses within the West Hill overlay. (Ord. 6642 § 7, 2017; Ord. 6369 § 4, 2011; Ord. 6245 § 13, 2009.) 18.21.030 Urban separator overlay. A. Purpose. The purpose of this section is to provide for additional development standards to address the area designated as urban separator in the city’s comprehensive plan, as prescribed in the interlocal agreement between the city and King County approved under city of Auburn Page 133 of 1253 Chapter 18.21 ACC, Overlays Page 7 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Resolution No. 4113 and identified on the city of Auburn comprehensive land use map. Unless otherwise provided for in this section, all other provisions and requirements of this title shall apply to properties within the urban separator overlay. B. Development Standards. For property located within a designated urban separator, lot averaging shall be required. The regulations of ACC 18.21.010(F) shall apply in situations where lot averaging is used. C. All marijuana related businesses and marijuana cooperatives are prohibited land uses within the urban separator overlay. (Ord. 6642 § 8, 2017; Ord. 6245 § 13, 2009.) The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 134 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 1 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Sections: 18.23.010 Purpose. 18.23.020 Intent of commercial and industrial zones. 18.23.030 Uses. 18.23.040 Development standards. 18.23.050 Additional development standards for C-2, central business zone. 18.23.060 Additional development standards for the C-N, C-1, C-2, C-3, C- C-AG4, and M-1 zones. 18.23.010 Purpose. This chapter lists the land uses that may be allowed within the commercial and industrial zones established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval required for each use, and provides basic and additional development standards for sites, buildings, and associated improvements. (Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.) 18.23.020 Intent of commercial and industrial zones. A. General. This section describes the intent for each of the city’s commercial and industrial zones. These intent statements are to be used to guide the interpretation of the regulations associated with each zone. The planning director is authorized to make interpretations of these regulations based on their analysis of them together with clear and objective reasons for such interpretation. B. C-N, Neighborhood Shopping Center Zone. The C-N zone is intended to provide areas appropriate for neighborhood shopping establishments which provide limited retail business, service and office facilities for the convenience of residents of the neighborhood. A neighborhood shopping center is designed and located so as to minimize traffic congestion on public highways and streets in its vicinity and to best fit the general land use pattern of the area Page 135 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 2 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. to be served by the center. The protective standards contained in this chapter are intended to minimize any adverse effect of the neighborhood shopping center on nearby property values and to provide for safe and efficient use of the neighborhood shopping center itself. C. C-1, Light Commercial Zone. The C-1 Light Commercial zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small- to moderate-scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages a broad mix of small scale uses such as leisure shopping, office, eating and drinking establishments, entertainment and assembly uses and provides amenities conducive to attracting shoppers and pedestrians. Building height, size, and orientation are the primary standards that will be used to maintain the smaller more pedestrian scale uses within this zone. The C-1 zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small- to moderate-scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians. D. C-2 Central Business District Zone. The intent of the C-2 zone is to set apart the portion of the city proximate to the center for financial, commercial, governmental, professional, and cultural activities. Uses in the C-2 zone have common or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on-premises retail activities. This zone encourages and provides amenities conducive to attracting pedestrians. E. C-23, Heavy Commercial Zone. The intent of the C-2 Heavy Commercial zone is to allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities, display, fabrication or service features when not the predominant portion of the use. The uses enumerated in this Page 136 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 3 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. classification may be larger in scale and building size and have more potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications. The intent of the C-3 zone is to allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities, display, fabrication or service features when not the predominant portion of the use. The uses enumerated in this classification have more potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications. F. C-4, Mixed-Use Commercial Zone. The intent of the C-4 zone is to provide for a pedestrian- oriented mix of retail, office, and limited multifamily residential uses. This classification is also intended to allow flexibility in design and the combination of uses that is responsive to market demands. The uses enumerated in this classification anticipate a mix of multifamily residential, retail, and office uses that are coordinated through a site-specific planning process. The multiple-family residential must be located in a multi-story building. Certain heavy commercial uses permitted in other commercial classifications are not permitted in this zone because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of environment that is conducive to this mix of uses. C-AG, Auburn Gateway Zone. The intent of the C-AG - Auburn Gateway Zone is to provide for a pedestrian-oriented mix of retail, office, middle housing, and multifamily residential uses in the Northeast Auburn Special Area Plan and Auburn Gateway Planned Action area, as described in Chapter 18.08 ACC. This classification is also intended to allow flexibility in design and the combination of uses that is responsive to market demands. The uses enumerated in this classification anticipate a mix of multifamily residential, middle housing, retail, and office uses that are coordinated through a site-specific planning process. The multiple-family residential must be located in a multi-story building. Certain heavy commercial uses permitted in other commercial classifications are not permitted in this zone because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of environment that is conducive to this mix of uses. Page 137 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 4 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. G. M-1, Light Industrial Zone. The intent of the M-1 Light Industrial zone is to accommodate a variety of industrial, manufacturing, commercial, and limited residential uses in an industrial environment, and to preserve land primarily for industrial and commercial uses, and to implement the economic goals of the comprehensive plan, and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in industrial and commercial development. While allowed, outdoor storage will be regulated in a manner that mitigates visual impacts in a manner that takestaking surrounding uses and vehicular corridors into consideration. The intent of the M-1 zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are nonnuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone. H. M-2, Heavy Industrial Zone. The M-2 Heavy Industrial is intended to accommodate a broad range of manufacturing and industrial uses. Permitted activity may vary from medium to higher intensity uses that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy industrial uses should not be located near residential development. Page 138 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 5 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. While other uses may be sited within this zone, permits for such uses should not be issued if such uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce traffic in conflict with the industrial uses. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.) The M-2 zone is intended to accommodate a broad range of manufacturing and industrial uses. Permitted activity may vary from medium to higher intensity uses that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy industrial uses should not be located near residential development. While other uses may be sited within this zone, permits for such uses should not be issued if such uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce traffic in conflict with the industrial uses. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.) 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. C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are separately prohibited by that chapter or will be required to comply with additional regulations that are associated with the airport overlay. Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and Industrial Zones Page 139 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 6 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING Building contractor, light X X X P X P P Building contractor, heavy X X X X X A P Manufacturing, assembling and packaging – Light intensity X X X P X P P ACC 18.31.180 Manufacturing, assembling and packaging – Medium intensity X X X A X P P ACC 18.31.180 Manufacturing, assembling and packaging – Heavy intensity X X X X X X A ACC 18.31.180 Marijuana processor X X X X X C C Chapter 18.59 ACC Marijuana producer X X X X X C C Chapter 18.59 ACC Marijuana researcher X X X X X C C Chapter 18.59 ACC Marijuana retailer X X X C X C C Chapter 18.59 ACC Page 140 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 7 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 Marijuana transporter business X X X X X C C Chapter 18.59 ACC Outdoor storage, incidental to principal permitted use on property X X X P X P P ACC 18.57.020(A) Storage – Personal household storage facility (mini-storage) X P X P X P P ACC 18.57.020(B) Warehousing and distribution X X X X X P C ACC 18.57.020(C) Warehousing and distribution, bonded and located within a designated foreign trade zone X X X P X P P Wholesaling with on-site retail as an incidental use (e.g., coffee, bakery) X X X P X P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation X P P P P P A Page 141 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 8 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 facility, indoor Commercial recreation facility, outdoor X X X A A P A ACC 18.57.025(A) Conference/convention facility X X A A X A X Library, museum X A A A X A X Meeting facility, public or private A P P P X A A Movie theater, except drive-in X P P P P X X Private school – Specialized education/training (for profit) A A P P P P P Religious institutions, lot size less than one acre A P P P A A A Religious institutions, lot size more than one acre C P P P A A A Page 142 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 9 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 Sexually oriented businesses X X X P X P P Chapter 18.74 ACC Sports and entertainment assembly facility X X A A X A A Studio – Art, dance, martial arts, music, etc. P P P P P P A RESIDENTIAL Apartment units, as part of a mixed-use development2 X X X P P P X ACC 18.57.030 Apartments, stand-alone X X X X X X X Caretaker apartment X P P P X P P Live/work unit, as part of a mixed-use development2 X X P P P P X Live/work unit, stand- alone3 X X X X X X X Work/live unit, as part of a mixed-use development2 X P P P P P X Page 143 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 10 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 Work/live unit, stand- alone3 X X X X X X X Marijuana cooperative X X X X X X X Multiple-family dwellings as part of a mixed-use development2 X X P P P P X ACC 18.57.030 Multiple-family dwellings, stand-alone X X X X X X X Nursing home, assisted living facility X P P P C X X Senior housing2 X X A A X X X RETAIL Building and landscape materials sales X X X P X P P ACC 18.57.035(A) Construction and heavy equipment sales and rental X X X X X A P Convenience store A A P P X P P Page 144 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 11 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 Drive-through espresso stands A A A P A P A Drive-through facility, including banks and restaurants A A A P P P P ACC 18.52.040 Entertainment, commercial X A P P X A A Groceries, specialty food stores P P P P P P X Nursery X X X P A P P ACC 18.57.035(C) Outdoor displays and sales associated with a permitted use (auto/vehicle sales not included in this category) P P P P P P P ACC 18.57.035(D) Restaurant, cafe, coffee shop P P P P P P P Retail Community retail establishment A P P P P P P Page 145 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 12 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 Neighborhood retail establishment P P P P P P P Regional retail establishment X X X P P P A Tasting room P P P P P P P Tavern P P X P P P A Wine production facility, small craft distillery, small craft brewery A P P P P P P SERVICES Animal daycare (excluding kennels and animal boarding) A A A P A P P ACC 18.57.040(A) Animal sales and services (excluding kennels and veterinary clinics) P P P P P P P ACC 18.57.040(B) Banking and related financial institutions, excluding drive-through P P P P P P P Page 146 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 13 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 facilities Catering service P P P P A P P Daycare, including mini daycare, daycare center, preschools or nursery schools A P P P P P X Dry cleaning and laundry service (personal) P P P P P P P Equipment rental and leasing X X X P X P P Kennel, animal boarding X X X A X A A ACC 18.57.040(C) Government facilities; this excludes offices and related uses that are permitted outright A A A A A A A Hospital X P P P X P P Lodging – Hotel or motel X P P P P A A Page 147 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 14 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 Medical – Dental clinic P P P P P P X Mortuary, funeral home, crematorium A P X P X P X Personal service shops P P P P P P X Pharmacies P P P P P X X Print and copy shop P P P P P P X Printing and publishing (of books, newspaper and other printed matter) X A P P P P P Professional offices P P P P P P P Repair service – Equipment, appliances X A P P P P P ACC 18.57.040(D) Veterinary clinic, animal hospital A P P P P P X Youth community support facility X P X X X X X ACC 18.57.040(E) Page 148 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 15 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance, taxi, and specialized transportation facility X X X A X P P Broadcasting studio X P X P X P P Heliport X X X C X C C Motor freight terminal1 X X X X X X X See Footnote No. 1 Parking facility, public or commercial, surface X P P P P P X Parking facility, public or commercial, structured X P P P P P X Towing storage yard X X X X X A P ACC 18.57.045(A) Utility transmission or distribution line or substation A A A A A A A Wireless communications facility (WCF) (See ACC * * * * * * * *See ACC 18.31.100 for use regulations and zoning Page 149 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 16 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 18.04.912(W)) development standards. Eligible facilities request (EFR) (wireless communications facility) (See ACC 18.04.912(H)) P P P P P P P Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P VEHICLE SALES AND SERVICES Automobile washes (automatic, full or self- service) X A X P P P P ACC 18.57.050(A) Auto parts sales with installation services X A A P P P P Auto/vehicle sales and rental X A X P X P P ACC 18.57.050(B) Fueling station X A A P P P P ACC 18.57.050(C) Mobile home, boat, or RV sales X X X P X P P Page 150 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 17 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-N C-1 C-2 C-23 C- AG4 M-1 M-2 Vehicle services – Repair/body work X X A P X P P ACC 18.57.050(D) OTHER Any commercial use 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. A A A A A A A Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. See ACC 18.02.120(C)(6), Unclassified Uses. P P P P P P P 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, Page 151 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 18 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 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 outright, administratively, or conditionally, listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” of the C-1 zone. 3 Any stand-alone live/work units or stand-alone work/live units vested prior to the effective date of the ordinance codified in this chapter are outright permitted uses. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6838 § 1 (Exh. A), 2021; Ord. 6799 § 6 (Exh. F), 2020; 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.) 18.23.040 Development standards. A. Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Tables 18.23.040A (C-N, C-1, C-2, C-23, and C-AG4 Zone Development Standards) and 18.23.040B (M-1 and M-2 Zone Development Standards) and in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. These standards may be modified through either an administrative variance or variance, subject to the procedures of Chapter 18.70 ACC. Table 18.23.040A. C-N, C-1, C-2, C-3, and C-AG4 Zone Development Standards Development Standard Requirement by Zone C-N Neighborhood Shopping Center C-1 Light Commercial C-2 Central Business C-23 Heavy Commercial C- C-AG 4 Mixed-Use Commercial Minimum lot area 2 acres None None None None1 Page 152 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 19 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Development Standard Requirement by Zone C-N Neighborhood Shopping Center C-1 Light Commercial C-2 Central Business C-23 Heavy Commercial C- C-AG 4 Mixed-Use Commercial Minimum lot width, depth None None None None None Maximum lot coverage 55 percent None None None None Minimum setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for specific exceptions to these setback standards. Front 50 ft 20 ft None 20 ft 20 ft Side – Interior None2 None2 None None2 None2 Side – Street 50 ft 15 ft None 15 ft 15 ft Rear None2 None2 None None2 None2 Height limit Maximum allowable height of structures. See also ACC 18.31.030 (Height limitations – Exceptions) for specific height limit exceptions. Maximum height 30 ft 45 ft3 ACC 18.23.050 75 ft 75 ft Additional development standards None None ACC 18.23.050 None None Fences and hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Page 153 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 20 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Development Standard Requirement by Zone C-N Neighborhood Shopping Center C-1 Light Commercial C-2 Central Business C-23 Heavy Commercial C- C-AG 4 Mixed-Use Commercial Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Nonconforming structures, land and uses See Chapter 18.54 ACC Notes: 1 Residential uses: no minimum lot size; provided, that residential density does not exceed 20 units per gross acre (this includes privately owned open space tracts but excludes dedicated public roads). 2 A 25-foot setback is required when adjacent to a residential zone. 3 Buildings within the Auburn north business area, as established by Resolution No. 2283, may exceed 45 feet if one additional foot of setback is provided from each property line (or required minimum setback) for each foot the building exceeds 45 feet in height. Table 18.23.040B. M-1 and M-2 Zone Development Standards Development Standard Requirement by Zone M-1 Light Industrial M-2 Heavy Industrial Minimum lot area None None Minimum lot width, depth None None Page 154 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 21 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Development Standard Requirement by Zone M-1 Light Industrial M-2 Heavy Industrial Maximum lot coverage None None Minimum setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for specific exceptions to these standards. Front 20 ft 30 ft Side – Interior None1 None1 Side – Corner 20 ft 30 ft Rear None1 None1 Height limit Maximum allowable height of structures. See also ACC 18.31.030 (Height limitations – Exceptions) for specific height limit exceptions Maximum height 45 ft2 45 ft2 Additional development standards None None Fences and hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Page 155 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 22 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Development Standard Requirement by Zone M-1 Light Industrial M-2 Heavy Industrial Lighting See Chapter 18.55 ACC Nonconforming structures, land and uses See Chapter 18.54 ACC Notes: 1 A 25-foot setback is required when adjacent to a residential zone. 2 Buildings may exceed 45 feet if one foot of setback is provided from each property line (or required minimum setback) for each foot the building exceeds 45 feet. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.) 18.23.050 Additional development standards for C-2, central business zone. A. Maximum Building Height. 1. The maximum height of that portion of a building that abuts a street(s) shall be no higher than the right-of-way width of the abutting street(s). Building height may increase; provided, that the building is stepped back one foot (from the abutting street right(s)-of- way) for each foot of increased building height. 2. If the building abuts more than one street and the abutting streets have different right- of-way widths, then the height of the building allowed at any street frontage shall be the average of the abutting street right-of-way widths. 3. The following rooftop features may extend up to 15 feet above the maximum height limit: stair towers, elevator penthouses, and screened mechanical equipment. Page 156 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 23 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. B. Minimum setbacks: none required, see subsection D of this section for specific building orientation requirements. C. Fences shall be decorative and relate architecturally to the associated building. Acceptable materials are brick, wood, stone, metal, or textured concrete. Typical galvanized wire mesh (chain link), barbed wire or razor wire are not permitted. For further information see Chapter 18.31 ACC. The provisions of this section shall not apply to temporary fences required during construction projects permitted by the city. D. Building Orientation Requirements. The following requirements apply to the construction of all new buildings or structures: 1. Existing buildings or structures, including facades, that do not have setbacks or otherwise cannot comply are exempt from these requirements regardless of the amount of improvements made to the building, structure or facade as long as any alteration does not make the existing facade more nonconforming. 2. Existing buildings, structures, or facades that are set back and within 20 feet of a street shall comply to the fullest extent possible as determined by the planning director, with the following requirements when any cumulative structural improvements are made that exceed 50 percent of the assessed value of the existing building, structure, or facade. 3. Any addition to an existing building, regardless of value, that will be within 20 feet of a street shall also comply to the fullest extent possible, as determined by the planning director, with the following requirements: a. For each lineal foot of frontage a building has on a street, there shall be provided an area(s) for pedestrian amenities at the rate of one square foot of ground area for each lineal foot of building frontage. Pedestrian amenities shall consist of such features as landscaping, benches, entryways with accents such as brick pavers, artwork, or a combination of these or similar features. The pedestrian amenities shall be located on the property between the street right-of-way and the building. The planning director shall approve the amount and type of the pedestrian amenities. Page 157 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 24 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. b. For buildings that have a street frontage that exceeds 50 feet, then at least 25 percent of the building’s frontage shall be immediately adjacent to the street right-of- way. c. For buildings that have a street frontage that is less than 25 feet, then no pedestrian amenities will be required and the building may be located at the property line. There shall, however, be provided a landing in front of each door that opens to a street that is large enough such that no part of any door will encroach into the street right-of-way when the door is being opened or closed. d. For buildings that provide additional setbacks, except as restricted by subsection (D)(3)(b) of this section, the area between the street right-of-way and the building shall only contain pedestrian amenities. e. If a building has more than two street frontages, then at least two of the frontages shall comply with subsections (D)(3)(b) and (g) of this section and contain pedestrian amenities between the building and the street right-of-way. Any remaining frontages shall either have pedestrian amenities, windows, murals, flat surfaced artwork or other similar architectural features that would avoid large blank walls. f. For new buildings that will infill between two other existing buildings, the new building shall be set back no further than either of the adjacent buildings unless additional setback is required to comply with subsection (D)(3)(a) of this section. The proposed setback shall be reviewed by the planning director to ensure the setback will maintain building continuity along the street. g. Buildings shall have windows that encompass at least 60 percent of the first floor facade and at least 40 percent of the facade of each additional floor. At least 50 percent of the area of the first floor windows of nonresidential buildings shall provide visibility to the inside of the building. This subsection shall only apply to the facades of new buildings with street frontage and shall not lessen the requirements of the Uniform Building or Fire Codes. h. The building’s principal pedestrian entrance shall be oriented to the street. If the building is at a corner, either street or alley, then the principal pedestrian entrance shall be at the corner unless a better architectural design is attained at another location and approved by the planning director. Page 158 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 25 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. i. Buildings that are at the intersection of either two streets or a street and an alley shall provide for a sight distance triangular setback as required by Chapter 18.31 ACC. These triangular areas may contain pedestrian amenities that satisfy the requirements of subsection (D)(3)(a) of this section. j. A site plan shall be prepared by the proponent which addresses compliance with the requirements as outlined in subsections (D)(3)(a) through (i) of this section. The site plan shall be approved by the planning director prior to the submittal of any building permit. k. For the sole purposes of this subsection D the term “street” shall include the right- of-way of private and public streets. The term shall also include pedestrian walkways, encumbered by an easement or similar means, that are used by the general public to travel from one property to another. E. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way. The following methods, or a combination thereof, may be used: 1. Set back from the roof edge to obscure visibility from below; 2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; 4. Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. F. Stair towers and elevator penthouses shall be designed to be architecturally integrated into the principal structure. This may include using the same building materials, repeating common building forms, colors or elements, or incorporating the roof and wall of the stair tower or elevator penthouse into the upper wall of the structure. (Ord. 6433 § 26, 2012.) Page 159 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 26 of 26 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.23.060 Additional development standards for the C-N, C-1, C-2, C-3, C-4C-AG, and M-1 zones. A. Loading and unloading docks shall not be visible from the street. B. Mechanical equipment on rooftops shall be sited and designed to minimize noise and effectively screen the equipment from view from adjacent properties and rights-of-way. The following methods, or a combination thereof, may be used: 1. Set back from the roof edge to obscure visibility from below; 2. Integration into the building architecture, using building walls, roof wells or roof parapets to conceal the equipment; 3. Equipment enclosure or sight-obscuring fencing or landscaping; 4. Overhead trellis or roof to obscure visibility from above. Materials used to screen mechanical equipment shall be the same as or compatible with the design of the principal structure. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6433 § 26, 2012.) The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 160 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 1 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.25 INFILL RESIDENTIALMIDDLE HOUSING DEVELOPMENT STANDARDS Sections: 18.25.010 Purpose and intent. 18.25.020 Applicability. 18.25.030 Procedures. 18.25.040 Middle housing types.Infill residential standards. 18.25.050 Calculating parking requirements. 18.25.060 Accessory Dwelling Units. 18.25.070 Middle housing design standards. 18.25.080 Usable open space. 18.25.090 Courtyard housing standards. 18.25.0100 Lot splitting. 18.25.010 Purpose and intent. The purpose of this chapter is to encourage the development of underutilized parcels in zones which, through Auburn comprehensive plan goals and policies, have been identified as areas where infill residential developmentmiddle housing should be encouraged. Middle hHousing shall be compatible in scale, form, and character with single-familysingle-unit detached houses that are allowed within the underlying zoning designation. This chapter identifies the standards for middle housing development. conditions under which infill development is supported and relaxes certain development requirements in those instances in an effort to promote the construction of infill development in appropriate areas of the city. (Ord. 6245 § 14, 2009.) Page 161 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 2 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.25.020 Applicability. A. Eligibility Criteria. This chapter may be applied to development or redevelopment that meets all of the following criteria: 1. The lot is within one of the following zones: RC, R-1, R-2, R-3, R-4, R-NM R-5, R-7, R-10, R- 16, or R-20. B. Exceptions. This chapter may be applied to development or redevelopment, except for the following below: 1. Middle Housing is not permitted within Urban Separators. 2. Middle Housing is not permitted in the R-HMC zone. 3. Middle Housing is not permitted on lots smaller than one thousand (1,000) square feet. 4. Middle Housing allowances shall not be used to justify alteration of a regulated critical area per Chapter 16.10 ACC. 2. Adjacent properties abutting at least 50 percent of the nonstreet perimeter of the subject property (i.e., side and/or rear lot lines) are developed with single-family dwellings or higher intensity uses. 3. For lots located in the R-5 or R-7 zones, the development or redevelopment creates a maximum of one new lot or dwelling unit. 4. For properties located in the R-10, R-16, or R-20 zones, the lot or parcel size shall be one acre or less. (Ord. 6245 § 14, 2009.) 18.25.030 Procedures. Development proposals desiring to utilize the middle housing infill standards of this chapter shall be subject to one or more of the permit types found in ACC Title 14 and shall be processed in a manner consistent with the underlying land use application pursuant to ACC Title 14. (Ord. 6245 § 14, 2009.) Page 162 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 3 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.25.040 Infill residential standards.Middle housing types. A. For the purposes of this chapter middle housing refers to all housing consisting of between two and six units per lot, defined in ACC 18.04.340(B). 18.25.050 Calculating parkingParking Requirements. A. Within one-half mile walking distance of a Major Transit Stop no on-site parking is required. B. On lots that that are more than one-half mile walking distance of a Major Transit Stop, (1) one on-site parking space shall be required for each dwelling unit. C. On-site parking spaces shall include garage and/or driveway parking spaces. D. When calculating parking relative to the above referenced lot sizes, the calculation shall occur prior to zero lot line land divisions. 18.25.060 Accessory Dwelling Units. A. An ADU is listed as a type of Middle Housing; each ADU that is proposed will be considered a dwelling unit when calculating the number of units allowed on a lot or as part of a development proposal. B. ADUs must be an accessory to a principal middle housing unit. C. ADUs cannot be used to supplement the number of dwelling units allowed under this section. D. ADUs are subject to the standards contained in Chapter 18.32 ACC. 18.25.070 Middle housing design standards. A. Applicability. 1. Standards in this section apply to all development between two and six units per lot. 2. For the purposes of this section, a “street” refers to any public or private street. Page 163 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 4 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 3. These design standards do not apply to the conversion of a structure to a middle housing type with up to four attached units, if the floor area of the structure does not increase more than 50 percent B. Purpose. The purpose of these standards is to: 1. Promote compatibility of middle housing with other residential uses, including single- unit detached dwellings. 2. De-emphasize garages and driveways as major visual elements along the street. 3. Provide clear and accessible pedestrian routes between buildings and streets. 4. Implement the definitions of cottage housing and courtyard apartments provided by state law. C. Pedestrian access. A private, paved pedestrian connection that is a minimum of three feet wide required between each middle housing building and the public sidewalk (or the public street if there is no sidewalk). Driveways may be used to meet this requirement. D. Vehicle access, carports, garages, and driveways. 1. Garages, driveways, and off-street parking areas shall not be located between a building and a street, except when either of the following conditions are met: a. The combined width of all garages, driveways, and off-street parking areas does not exceed a total of 60 percent of the length of the street frontage property line. This standard applies to buildings and not individual units; or b. The garage, driveway, or off-street parking area is separated from the street property line by a dwelling; or c. The garage, driveway, or off-street parking is located more than 100 feet from a street. E. Landscaping. See ACC Table 18.50.040(A) “Minimum Landscape Requirements by Zoning District” for landscaping requirements. F. Entries. Each building shall incorporate a primary building entry or one or more private unit entries, such as a covered porch or recessed entry. Each entry shall feature minimum weather protection of three feet by three feet. G. Windows and doors. A minimum of 15 percent of the area of the street-facing façade elevation shall include windows or doors. Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. Page 164 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 5 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. H. Unit articulation 1. Applicability. a. Each attached unit featuring a separate ground level entrance in a multi-unit building facing the street shall include at least one of the articulation options listed in subsection (I)(2) below. b. Facades separated from the street by a dwelling or located more than 100 feet from a street are exempt from this standard. 2. Articulation options: Option 1. Roofline change or a roof dormer with a minimum of four feet in width. Option 2. A balcony a minimum of two feet in depth and four feet in width and accessible from an interior room. Option 3. A bay window that extends from the façade a minimum of two feet. Option 4. An offset of the façade of a minimum of two feet in depth from the neighboring unit. Option 5. A roofed porch at least 50 square feet in size. Option 6. Change in wall color. Figure 18.25.050(I) Page 165 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 6 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. I. Middle Housing Design Review Submittal Requirements. In addition to any other documentation required for submittal of a complete application for building permit or discretionary land use approvals/permits, the following items shall be required for review of building design: 1. Elevation drawings prepared by an architect licensed in the state of Washington of all proposed construction including dimensional drawings at one-eighth inch equals one foot or comparable scale showing the type of exterior materials, color, exterior finishes (including for accessory structures, where applicable), articulation, fenestration details, and the location, elevations, type, style and model of any exterior lighting fixtures (where applicable). 2. As applicable, a to-scale landscape plan consistent with Chapter 18.50 ACC. 18.25.080 Courtyard housing standards. A. Applicability. Standards in this section apply to courtyard housing, which includes cottage housing (detached units) and courtyard apartments (attached units). B. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space. C. Common open space. 1. At least one outdoor common open space is required. 2. Common open space shall be provided equal to a minimum of 300 square feet per unit. Each common open space shall have a minimum dimension of 15 feet on any side. 3. Orientation. Common open space shall be bordered by dwellings on at least two sides. At least half of all units in the development shall abut a common open space and have the primary entrance facing the common open space. 4. Parking areas and vehicular areas shall not qualify as common open space. 5. Critical areas and their buffers, including steep slopes, shall not quality as common open space. Page 166 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 7 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. D. Community building. 1. A courtyard housing development shall contain no more than one community building. 2. A community building shall have no more than 2,400 square feet of net floor area, excluding attached garages. 3. A community building shall have no minimum off-street parking requirement. 18.25.090 Usable open space. A. All middle housing development must include usable open space. B. Usable open space must occupy at least 10% of the lot with a minimum dimension of at least 10 feet. Usable open space may be a single large space or several separate spaces. Unenclosed porches, patios, and entries may count towards usable open space if contiguous with a space that meets the standards of this section. Areas of usable open space with no unenclosed porches, patios, and entries or other similar features may overlap with the required landscaped areas within Table 18.50.040(A). C. Driveways and parking areas may not count towards usable open space. D. Where usable open space is located within the front setback, the open space must be defined with a fence, hedge, or wall, at least 24 inches tall. E. LID stormwater BMPs, like rain gardens, may be integrated in up to 25 percent of the minimum required usable open space area. F. Additions must not create or increase any nonconformity with this standard. Figure 18.25.060 Usable Open Space Page 167 of 1253 Chapter 18.25 ACC, Infill Residential Development Standards Page 8 of 8 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.25.100 Lot splitting. Lot splitting as defined in ACC 17.04.221 is permitted as a means of creating separate ownership of each housing unit. See zero lot line subdivision standards contained in Chapter 17.29 ACC. Page 168 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 1 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.29 DUC DOWNTOWN URBAN CENTER DISTRICT Sections: 18.29.010 Intent. 18.29.020 Scope. 18.29.030 Process. 18.29.040 Definitions. 18.29.050 Use limitations. 18.29.053 Uses/activities requiring an administrative use permit. 18.29.055 Uses/activities requiring a conditional use permit.Deviation from development standards 18.29.057 Implementing districts. 18.29.060 Development standards. 18.29.070 Design standards. 18.29.010 Intent. The downtown urban center zone is intended to create a distinct and strong identity for downtown Auburn by establishing land use and design standards for review of development proposals within the core area of the city of Auburn’s designated urban center, in order to implement the city of Auburn downtown plan and the goals, policies and objectives of the Auburn comprehensive plan. This zone is intended to produce a concentration and mixture of commercial, office, medical, retail, residential and civic uses within the downtown area; to encourage private and public investment, attract shoppers and visitors, and appeal to existing and new residents; to provide a development pattern that supports pedestrian movement, bicycles and use of public transit; and to provide opportunities to increase the city’s tax base, thereby helping to fund public improvements and public services. (Ord. 6071 § 6 (Exh. A), 2007.) Page 169 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 2 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.29.020 Scope. A. The downtown urban center zone may be applied to any property designated as “Downtown” on the Auburn comprehensive plan map. B. Site plan and building design review and approval shall be required for all public and private development activities requiring permits within the downtown urban center zone unless exempted under subsection C of this section. The planning and development director is given the authority to require building design and site plans consistent with the design standards contained or referenced herein and to require revisions as necessary in order to ensure development is consistent with the purpose of this chapter. C. The following activities, as determined by the director, shall be exempt from the provisions of this chapter if the property has frontage on a pedestrian street as defined in the downtown urban center design standards: 1. Interior alterations that do not alter the exterior appearance of a structure or modify an existing site condition; 2. Normal or routine building and site maintenance/repair that is exempt from permit requirements; and 3. Any remodeling or expansion of existing single-family unit detached residences with no change in use or addition of dwelling units involved. D. The following activities, as determined by the director, shall be exempt from the provisions of this chapter if the property does not have frontage on a pedestrian street as defined in the downtown urban center design standards: 1. Interior alterations that do not alter the exterior appearance of a structure or modify an existing site condition; 2. Site and exterior alterations that do not exceed 10 percent of the assessed valuation of the property (building or land) per the most recent county records; 3. Building additions that are less than 10 percent of the existing floor area of the existing building(s). Any cumulative floor area increase (from the adoption date of the ordinance codified in this chapter) that totals more than 10 percent shall not be exempt; unless the Page 170 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 3 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. director determines compliance with these standards would be unfeasible and/or unreasonable; 4. Normal or routine building and site maintenance/repair that is exempt from permit requirements; 5. Any remodeling or expansion of existing single-family residences with no change in use or addition of dwelling units involved. (Ord. 6287 § 2, 2010; Ord. 6230 § 1, 2009; Ord. 6071 § 6 (Exh. A), 2007.) 18.29.030 Process. A. Compliance with all development and design standards contained or referenced herein shall occur in conjunction with any required permit process. The director shall provide appropriate forms that shall accompany a permit application. The director may approve, approve with conditions, or deny a building or site development permit application to ensure compliance with these standards. Any decision regarding a permit application shall be set forth in writing and contain findings of fact and conclusions that support the decision made. B. The decision of the director shall be final unless the applicant or any affected party appeals the decision to the hearing examiner. All appeals shall be in accordance with ACC 18.70.050(B) through (E). (Ord. 6071 § 6 (Exh. A), 2007.) 18.29.040 Definitions. These words shall have the following meanings for the purposes of this chapter: A. “Canopy” means a cover over a sidewalk providing protection from the rain, which is constructed of durable, permanent materials. B. “Director” means the director of the Auburn department of planning and development. C. “Green roof” means a roof designed with principles of environmental sustainability, involving the use of vegetation and storm water collection and cleaning. It may or may not be accessible. Page 171 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 4 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. D. “Health club” means a use that offers exercise and recreational activities for tenants and/or the general public, either with or without a fee. E. “Parking, below grade” means any portion of a structure containing parking that is located below the average finished grade around a building. F. “Parking, structured” means parking contained within an enclosed building, designed to appear like it is part of the larger building complex, or a freestanding structure devoted exclusively to above-grade parking. G. “Performing space” means any interior or exterior area designated for live performing and entertainment. H. “Public art” means any form of painting, mural, mosaic, sculpture, or other work of art, so long as it can be appraised as a work of art and its value as such documented, displayed on the exterior of a building, at or near the pedestrian entrance, or on a public plaza, and visible to users of the public right-of-way at all times. I. “Public meeting room” means a space that can be used by the general public and having a capacity of at least 50 people. It may operate under a reservation or nominal fee system and must be easily accessible from a lobby or plaza. J. “Public plaza” means an open space that is visible and accessible to the public at all times, predominantly open to the sky, and for use principally by people, as opposed to merely a setting for the building. K. “Street level retail” means uses providing goods and services, including food and drink, adjacent to, visible from, and directly accessible from the public sidewalk. L. “Water feature” means a fountain, cascade, stream, fall, pond of water, or combination thereof, that serves as a focal point, located outside of a building, publicly visible and accessible, and active during daylight hours. (Ord. 6287 § 2, 2010; Ord. 6071 § 6 (Exh. A), 2007.) 18.29.050 Use limitations. Hereafter, all buildings, structures or properties may be used for any use, unless specifically prohibited herein. Ground floor retail, restaurants and/or office use is required for all building Page 172 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 5 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. frontages facing Main Street. All uses shall be subject to review and approval by the director. The following uses are prohibited: A. Sexually oriented businesses as defined in Chapter 18.74 ACC. B. Taverns. BC. All industrial uses as defined in the North American Industrial Classification System (20221997 Edition), categories 48 – 49 (transportation), 31 – 33 (manufacturing) and 42 (wholesale trade). CD. Outdoor storage of materials and equipment (except during active construction projects). DE. New automobile maintenance and repair businesses. EF. Work release facilities; secure community transition facilities. FG. Wrecking yards. GH. Solid waste transfer stations. HI. Car washes. IJ. New gasoline stations. JK. Street-level ministorage. KL. Outdoor sales of vehicles, boats or equipment. LM. Drive-in/drive-through facilities with direct vehicular driveway access onto Main Street. MN. All marijuana related businesses and marijuana cooperatives. NO. New single-unit detached dwellings; except for DUC Neighborhood Residential District. OOP. Other uses may be prohibited by the director if the use is determined to be inconsistent with the intent of this zone or is of the same general character of the other prohibited uses listed in this section. (Ord. 6642 § 10, 2017; Ord. 6071 § 6 (Exh. A), 2007.) Page 173 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 6 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.29.053 Uses/activities requiring an administrative use permit. The following uses/activities may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Expansions of existing automobile maintenance and repair businesses;I B. Expansions of existing gasoline stations; C. Animal daycare businesses that feature outdoor exercise areas and/or kennels; D. Wine production facility; small craft distillery; small craft brewery; and a tasting room is an outright allowed use in the DUC zone. (Ord. 6368 § 8, 2011; Ord. 6269 § 32, 2009.) 18.29.055 Deviation from development standards. Uses/activities requiring a conditional use permit. The following uses/activities may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Any development project that seeks to deviate from any development standard listed in ACC 18.29.060 must be granted a variance pursuant to the provisions of Chapter 18.70 ACC . (Ord. 6269 § 12, 2009; Ord. 6071 § 6 (Exh. A), 2007.) 18.29.057 Implementing districts.Zones Downtown Urban Center zone is intended to create a distinct and strong identity for downtown Auburn by establishing land use and design standards for review of development proposals within the core area of the city of Auburn’s designated urban center., in order to implement the city of Auburn Downtown Plan and the goals, policies and objectives of the Auburn Comprehensive Plan. This zone is intended to produce a concentration and mixture of commercial, office, medical, retail, entertainment, residential and civic uses within the downtown area; to encourage private and public investment, attract shoppers and visitors, and appeal to existing and new residents; to provide a development pattern that supports pedestrian movement, bicycles and use of public transit; and to provide opportunities to Page 174 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 7 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. increase the city’s tax base, thereby helping to fund public improvements and public services. In order to implement the city of Auburn Downtown Plan and the goals, policies and objectives of the Auburn Comprehensive Plan, the zone is divided into the following districts: A. DUC Downtown Core -125 DistrictZone. DUC-125 is implemented only in the Downtown Urban Center and is subject to uses and development standards of this chapter and the Downtown Urban Design Guidelines. DUC-specific development regulations, guidelines, and design requirements as found in Appendix A - Downtown Urban Design Guidelines, this Comprehensive Plan, and Auburn City Code. Development in the DUC Downtown Core – 125 districtzone shall not exceed 125 feet in vertical height and is subject to other applicable height restrictions found in Chapter 18.38 ACC. B. DUC Downtown Core -75 DistrictZone. The DUC Downtown Core – 75 zone is consistent with the intents and requirements described in the DUC Downtown Core – 125’ except a maximum 75 vertical foot height limit shall apply. C. DUC Downtown Core - 55 DistrictZone. The DUC Downtown Core – 55 zone is consistent with the intents and requirements described in the DUC Downtown Core – 125’ except a maximum 55 vertical foot height limit shall apply. D. DUC Neighborhood Residential. R-16 PlusR-2 uses per ACC Table 18.07.020 allowed, subject to the development standards of this chapter and the Downtown Urban Design Guidelines. and DUC design guidelines E. DUC Health and Wellness District. This district e RO-H designation is to be used exclusively for the hospital area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with the medical community. Residential may be included as part of vertical mixed-use development with medical being the primary development use. This district is subject to the uses and development standards of this chapter and the Downtown Urban Design Guidelines. F. DUC M-1 Light Industrial District. M-1 zone uses allowed per ACC Table 18.23.030, subject to the development standards of this chapter and the Downtown Urban Design Guidelines. Consistent with M-1 standards but design guidelines apply Page 175 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 8 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. G. DUC Flex-Residential District. This zone is intended to promote craft industrial/commercial uses that are compatible with residential area (i.e., workshop, brewery, etc.). R-F zone uses allowed per ACC Table 18.07.020, subject to the development standards of this chapter and the Downtown Urban Design Guidelines. Promotes craft industrial/commercial uses that are compatible with residential area (i.e., workshop, brewery, etc.) 18.29.060 Development standards. A. Minimum lot area: none. B. Minimum lot width: none. C. Minimum lot depth: none. D. Floor Area Ratio. Floor area ratio is the cumulative amount of floor area within a building as a multiple of the lot area. Floor Area Ratio (FAR)1 Basic Allowable “As of Right” Maximum Allowable with Bonuses Nonresidential2 Residential2 Nonresidential Residential3 Combined4 3.0 2.0 4.0 3.5 5.0 1 Floor area is measured to the inside face of exterior walls. The following shall be excluded from floor area calculation: a All space below finished grade. b Space dedicated to structured parking. c Space used for any bonus feature listed in subsection E of this section. 2 Minimum required FAR is 0.75; basic allowable FAR is 1.0. 3 Hotels, nursing homes, assisted living centers, etc. shall be considered residential for the purpose of calculating FAR. Page 176 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 9 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 4 Allowable FAR for nonresidential and residential uses may be added together within a project, for a combined total. E. Bonus Features Allowing Increased Floor Area Ratio. Feature Additional Gross Floor Area for Each Feature Page 177 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 10 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature Additional Gross Floor Area for Each Feature Street level retail 100 sf of floor area for each linear foot of retail frontage Restaurant 100 sf of floor area for each linear foot of restaurant frontage Public plaza 5 sf of floor area for each sf of plaza Widening public sidewalk 4 sf of floor area for each sf of sidewalk made available for public use Canopy 4 sf of floor area for each sf of canopy Daycare 4 sf of floor area for each sf of daycare Health club 2 sf of floor area for each sf of health club Performing space 2 sf of floor area for each sf of performing space Public meeting room 5 sf of floor area for each sf of meeting room Page 178 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 11 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature Additional Gross Floor Area for Each Feature Public art (arts commission approval required) 10 sf of floor area for each $100 of valuation Water feature 10 sf of floor area for each $100 of valuation Structured parking 0.5 sf of floor area for each sf of required parking above grade Below grade parking 1 sf of floor area for each sf of required parking below grade (including half-level plate below grade) Green roof 2 sf of floor area for each sf of green roof Public restrooms 10 sf of floor area for each sf of public restroom Contribution to a public park or cultural facility such as a library, museum or theater within 0.5 miles of the DUC zone; also, any project including a performance or entertainment venue is eligible for these 10 sf of floor area for each $100 of contribution towards acquisition or development. This can be used to exceed both maximum FAR and maximum building height by up to 25% Page 179 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 12 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature Additional Gross Floor Area for Each Feature bonuses, based upon the value of construction Development of open space such as open roof decks, balconies, lanais or parts of the building and improved for outdoor living; including rooftop daycare play areas, dog walking areas, etc. 5 sf of floor area for each sf of open space An applicant may be required to provide a legally binding agreement or easement to ensure any of the above features is maintained over the life of the project. F. Maximum Building Height. Maximum building height within the DUC zone shall be 75 feet, unless bonus height is permitted per subsection E of this section. 1. If retail uses occupy the ground floor, the minimum height for that floor shall be 14 feet. 2. Mechanical penthouses, stair/elevator overruns, and antennas may be excluded from building height calculation provided they extend no more than 20 feet above the roof deck. 3. Maximum building height may be increased by up to 20 percent if the top is designed as a nonhabitable, architectural element. This element may extend above the increased height limit. G. Minimum Building Height. The minimum height for any new structure within the DUC zone shall be two stories for the full extent of the building footprint. H. Parking Ratios. The following parking standards shall apply within the DUC zone in lieu of any standard noted in ACC 18.52.020 or provision of ACC 18.52.030: Page 180 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 13 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Use Type Minimum Required Maximum Allowed for Surface Parking Lots Retail 2 stalls/1,000 nsf 4 stalls/1,000 nsf1 Office 2 stalls/1,000 nsf 4 stalls/1,000 nsf Residential (mixed- use, apartment, live/work, work/live) 1 stall per dwelling unit 2 per dwelling unit Residential (middle housing) 1 stall per dwelling unit outside of one- half mile walking distance of a Major Transit Stop 2 stalls per dwelling unit outside of one- half mile walking distance of a Major Transit Stop Restaurant 0.5 stall per 4 seats 1 stall per 4 seats 1 nsf = net square feet 1. Parking requirements for uses not listed shall be determined by a study of parking demand for that use, as prepared by a qualified professional and as accepted by the director. 2. Retail and restaurant uses less than 3,000 nsf in area shall be exempt from parking requirements. Page 181 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 14 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 3. Uses sharing a common parking facility may reduce the required number of stalls by 25 percent. 4. Required parking may be located off site, so long as it is: (a) located within the DUC zone, (b) within 1,000 feet of the property, (c) connected to the property by streets improved with sidewalks or walkways, and (d) tied to the site by a contractual agreement reviewed and approved by the city attorney that is filed with the city and deed of record at the county. 5. On-street parking that is located directly adjacent to a development site may be used to satisfy minimum parking requirements and shall not be included in determining maximum surface parking allowances. 6. Dedicated off-site parking provided within a parking structure may be used to provide FAR bonuses for a project on a separate site, provided the parking structure is located consistent with this chapter. 7. The maximum standards noted in the table above may be exceeded if all stalls above the maximum limit are provided within a parking structure. 8. Compliance with these standards is not required for a change of use within an existing building or whenever there is an expansion of an existing building or a new building replaces an existing building that does not increase the floor area by more than 25 percent. 9. In lieu of providing the minimum parking required by this section, an applicant may request to pay for each required parking stall into a special fund that will be used to provide and upgrade municipal parking to serve the DUC zone. The per-stall fee shall be as specified in the city’s fee schedule. I. Signs. The design of all signs shall be in conformance with the design standards referenced in ACC 18.29.070. Allowable types, numbers and sizes of signs shall be as follows: 1. Freestanding: not allowed, except for monument signs as described within the “Downtown Auburn Design Standards”; no more than one per street frontage; maximum size: 64 square feet, calculated at a rate of one square foot of sign area per lineal foot of site frontage; minimum entitlement shall be 32 square feet; maximum height: five feet. Page 182 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 15 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 2. Wall signs: maximum area of 150 square feet per building facade, calculated at a rate of one square foot of sign area for every lineal foot of facade; minimum entitlement shall be 16 square feet. 3. Suspended signs attached under a marquee or canopy: one double-faced sign, no greater than three square feet per face allowed for each building entrance; minimum clearance above grade: eight feet. 4. Portable Signs. Portable signs may be allowed for each business entrance, subject to the following: a. Signs may be placed within the public right-of-way, within 12 feet of a business entrance, subject to the guidelines provided by the director in consultation with the city engineer such that sign placement does not interfere with pedestrian or vehicular traffic, does not create a sight hazard, and conforms to the requirements of the Americans with Disabilities Act. Additional portable signage may be authorized in order to support downtown events that are permitted or sanctioned by the city. b. The sign shall be in accordance with the provisions of ACC 18.56.030(L). c. The sign area cannot exceed 42 inches in height, 32 inches in width, and be limited to two faces. d. Portable signs are not permitted to be affixed to city infrastructure located within the right-of-way (e.g., street lights, fire hydrants, public art). This includes a prohibition of chaining or otherwise securing portable signs to such infrastructure. e. Signs may be displayed during business hours and shall not be displayed when the business is closed. f. No landscaping may be covered, cut, damaged, or modified to accommodate a portable sign. The city may require replacement of any damaged landscaping pursuant to Chapter 18.50 ACC. g. All portable signs shall have the permit number affixed to the back of the sign. J. Landscaping. Landscaping shall be provided as defined in the Downtown Auburn Design Standards. (Ord. 6828 § 1 (Exh. A), 2021; Ord. 6534 § 1, 2014; Ord. 6419 § 1, 2012; Ord. 6071 § 6 (Exh. A), 2007.) Page 183 of 1253 Chapter 18.29 ACC, DUC Downtown Urban Center District Page 16 of 16 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.29.070 Design standards. Adopted by reference are the “Downtown Auburn Design Standards” and the “Auburn Junction Design Standards,” a copy of which shall be maintained by the city clerk. These documents contain standards for development of the built environment in the DUC zone. The director shall have the authority to apply the standards to specific development proposals. These standards may be amended upon approval by the community development director. (Ord. 6828 § 1 (Exh. A), 2021; Ord. 6532 § 29, 2014; Ord. 6419 § 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.) The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 184 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 1 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Chapter 18.31 SUPPLEMENTAL DEVELOPMENT STANDARDS Sections: 18.31.010 Daycare standards. 18.31.020 Fences. 18.31.025 Retaining walls. 18.31.030 Height limitations – Exceptions. 18.31.040 Lots. 18.31.050 Single-unit detached dwellingfamily dwelling siting and design standards. 18.31.060 Recreational vehicle parks. 18.31.070 Setbacks. 18.31.080 Heliports. 18.31.090 Work release, prerelease and similar facilities. 18.31.100 Wireless communications facilities siting standards. 18.31.110 Siting of small wireless facilities. 18.31.115 Wetland mitigation. 18.31.120 Accessory dwelling units. 18.31.130 Communal residence standards. 18.31.140 Gated residential subdivisions. 18.31.150 Secure community transition facilities. 18.31.160 Supportive housing development standards. 18.31.170 Reserved. 18.31.180 Performance standards. 18.31.190 Supplemental standards for residential mobile home communities. 18.31.200 Architectural and site design review standards and regulations. 18.31.210 Agricultural enterprises development standards. 18.31.220 Permitted animals. 18.31.230 Repealed. 18.31.010 Daycare standards. A. The following performance standards shall apply to all child daycares but shall not apply to adult daycare: 1. If applicable, must be properly licensed with the state of Washington; 2. Daycare, preschool and nursery school services shall not be conducted before 5:00 a.m. or after 9:00 p.m. in the following zones: RC, R-1, R-52, R-72. Page 185 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 2 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. B. The provisions of subsection A of this section are not intended to reduce the requirements of any other licensing agency or department. (Ord. 6245 § 15, 2009.) 18.31.020 Fences. A. Purpose. The fencing requirements in this section are intended to advance public safety, maintain and protect property values, to enhance the city’s appearance, and to visually unify the city and its neighborhoods. This section contains general standards applicable to all fences (regardless of zoning district), and specific standards for fences within the residential, commercial, and institutional use zoning districts. B. Fence Height Regulations. The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if the height of the fence is within six percent of the height required. The height of the fence shall be determined from the existing, established grade on the property to the highest point of the fence. 1. Notwithstanding any other provisions regarding fence height, the height of any portion of a fence may not reduce the sight distances established by the engineering design standards for vehicular and nonmotorized transportation facilities. 2. Fences and walls built interior of the required setback areas may be as high as the maximum building height allowed within the applicable zone. 3. Building permits are required for fences exceeding 84 inches in height. 4. The addition of lattice, trellis, and other similar features of a fence shall count towards the overall height and opaqueness of a fence. 5. If a fence sits upon or is elevated by a retaining wall, the height of the fence is measured from the base of the retaining wall. Building permits may be required for fences erected on retaining walls. C. Fence Height Regulations by Zoning District. The following regulations shall apply in the R-1, R-52, R- 72, R-310, R-316, R-420, R-MHC, R-FO, RO-H, I, C-N, C-1, C-2, C-AG4, and DUC zones: 1. Fence heights shall not exceed the following in each of the required setback areas, as regulated per each zone: a. Front setback1: 42 inches; provided, that fences constructed of chain link, wrought iron or similar materials that provide visibility, as defined herein, may be 72 inches in height; b. Side setback: 72 inches; c. Rear setback: 72 inches; Page 186 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 3 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. d. Street side setback: 72 inches. 1 The front setback for residential zones pertains to the front setback for single-familysingle-unit detached dwelling residence per box E1 of the table shown in ACC 18.07.030. D. Screened Fences and Sight-Obscuring Fences. 1. Fence visibility is defined per ACC 18.04.373. In certain circumstances, the city engineer may determine that a fence that is 50 percent or less opaque does not provide visibility if the angle through which the fence is being viewed for sight distance analysis increases the perceived opacity of the fence to 50 percent or higher. 2. Screened fences are defined per ACC 18.04.372. 3. Sight-obscuring fences are defined per ACC 18.04.374. E. 1. When landscaping is required along the property line and the property line abuts the right-of-way, the fence shall be placed interior to the required landscaping. The fence may not obscure such landscaping unless authorized through the land use or architectural and site design review process. 2. At other property lines, the landscaping shall be located to serve the greatest public benefit. 3. Fencing shall be placed such that it does not damage existing landscaping. F. Access and Obstructions. 1. If a fence includes a gate or similar feature to allow vehicle passage, the gate shall be placed within the interior of the lot a sufficient distance to provide a vehicle refuge area within the driveway exterior of the fence to avoid blocking the street. The vehicle refuge area shall have a length that is sufficient for a waiting vehicle and not block the street, sidewalk, or right-of-way, in accordance with the engineering design standards. 2. Any fence located within a front yard setback that features a locking gate or similar security device, that cannot be opened from the exterior, shall provide emergency access in a manner acceptable to the fire marshal. 3. In no case shall any fence, hedge, or other obstruction be constructed, grown, or located, such that it deters or hinders the fire authority from gaining access to any fire authority connection, fire protection control valve, fire hydrant, or fire authority appliance or device. Minimum clearance requirements for fire hydrants shall be in accordance with the engineering design standards. Page 187 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 4 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 4. In no case shall any fence, hedge, or other obstruction be constructed, grown, or located, such that it obstructs the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant. 5. In no case shall any fence, hedge, or other obstruction be constructed, grown, or located in a manner which interferes with access to water, storm, or sanitary sewer manholes, and utility meters, and other city appurtenances which require access for maintenance purposes. 6. Unless explicitly permitted by easement language, fences are prohibited within city utility easements except as may be authorized by the city engineer. G. Other than in the P-1, M-1, or M-2 zones, no fence may include the use of barbed wire, including concertina, razor, or similar wire; provided, that pasture areas a minimum of one acre in area may be fenced with barbed wire in any zone. Barbed wire may be attached to the top of, and in addition to, the height of a 84- inch fence in the above zones, provided it does not extend more than 12 inches in height. H. Electrically charged fences shall only be allowed within the RC, R-1, C-23, M-1, M-2, LF, or I zones and shall adhere to the following standards. These standards shall not apply to underground or invisible pet fences that are used to contain small domestic animals. 1. Within the RC and R-1 zones the electrical charge of an electric fence must be noncontinuous and the electric fence controller shall be approved by Underwriters Laboratories (UL) or meet the testing standards of Underwriters Laboratories. It is further provided that electric fences in the RC and R-1 zones that abut any public street or right-of-way shall include warning signs consistent with subsection (H)(2)(e) of this section. 2. Within the C-23, M-1, M-2, LF, or I zones, the construction and use of electric fences shall be allowed in the city only as provided in this section and subject to the following: a. Electrification. i. The energy source (energizer) for electric fences must be provided by a storage battery not to exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the solar panel may be augmented by a trickle charger. ii. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in the International Electrotechnical Commission (IEC) standards. b. Perimeter Nonelectric Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrical fence or wall that is not less than 72 inches. c. Location. Electric fences shall only be permitted around outdoor storage areas. Electric fences and perimeter fencing are allowed in the setback areas provided the applicable requirements of this section are met. Page 188 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 5 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. d. Height. Electric fences shall not exceed 10 feet in height. e. Warning Signs. Electric fences shall be clearly identified with warning signs that read “Warning – Electric Fence” at intervals of 50 feet or less. Signs shall also contain imagery or symbols of or similar to the International Organization for Standardization (ISO) warning symbol for electric hazard to alert individuals that the fence is electrically charged (e.g., lightning bolts). f. Electric fences shall be governed and regulated in accordance with the regulations for alarm permits contained in Chapter 9.30 ACC. g. Electric fences and gates must also meet all applicable International Fire Code standards. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6461 § 2, 2013; Ord. 6419 § 3, 2012; Ord. 6245 § 15, 2009.) 18.31.025 Retaining walls. A. Retaining Wall General Regulations. 1. Retaining walls must be designed and located per the adopted IBC and IRC design standards. See Figure 18.21.025(A). Page 189 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 6 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 2. Notwithstanding any other provisions regarding retaining wall height, the height of any portion of a retaining wall may not reduce sight distance established by the Engineering Design Standards for vehicular and nonmotorized facilities. 3. Any grading work shall be in compliance with Chapter 15.74 ACC. 4. All portions of retaining walls, including subsurface elements such as footings, anchors, and cantilevers, shall not encroach or be located within the right-of-way or public utility easements unless explicitly permitted by the city engineer and/or by the easement language. 5. The requirements of this chapter do not apply to retaining walls in rights-of-way. 6. Additional requirements apply to retaining walls that provide support to rights-of-way as specified in the Engineering Design Standards. 7. Retaining walls designed as part of an approved preliminary plat, and located prior to recordation of the final plat, are not subject to the setback area requirements contained in this section. B. Residential Lots. Page 190 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 7 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 1. Retaining walls are not permitted in the required setback areas, unless meeting one of the following criteria. The height of a wall shall be measured from the bottom of a footing to the top of the wall. a. Retaining walls that are under 48 inches and constructed in accordance with the IRC, whether supporting a surcharge or not, are allowed in all setback areas, as regulated per each zone. b. Retaining walls over 48 and under 84 inches and constructed in accordance with the IRC, whether supporting a surcharge or not, are allowed in all setback areas except the front and street- side setback, as regulated per each zone. c. Retaining walls over 84 inches, constructed in accordance with the IRC, whether supporting a surcharge or not, are not allowed in the setback areas, as regulated per each zone. 2. Retaining walls visible from the right-of-way or adjacent property must be composed of rock, textured or patterned concrete, masonry, composite, or other products that complement the existing residential or neighborhood character. Products such as “ecology blocks” or plain smooth concrete are not permitted. Materials other than those listed may be used with approval from the planning director or designee. C. Nonresidential Lots/Tracts. 1. Retaining walls visible from the right-of-way or adjacent property shall be composed of rock, textured or patterned colored concrete, masonry, or composite. Products such as “ecology blocks” are not permitted. Materials other than those listed may be used with approval from the planning director or designee. 2. For retaining walls over 48 inches in height or supporting a surcharge, the area between the right-of- way and the retaining wall shall be landscaped and maintained per Chapter 18.50 ACC. 3. Terraces created between retaining walls shall be permanently landscaped and revegetated pursuant to a mitigation or landscape plan developed by a qualified professional. 4. Notwithstanding the requirements contained in this section, retaining walls may still require a building permit if trees or other landscape features will potentially impact (e.g., tree roots) or impose a surcharge on the wall. 5. The width of the retaining wall or walls support shall not be included in any landscaping calculations or measurements. (Ord. 6884 § 1 (Exh. 1), 2022.) 18.31.030 Height limitations – Exceptions. The following buildings and/or structures are exempt from the height requirements of this title; in no case does this lessen any height restrictions that relate to the municipal airport: Page 191 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 8 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. A. Cupolas, provided they do not extend more than three feet above the roof line; B. Church spires or steeples, provided they conform to elevations as approved under a conditional use permit; C. Transmission line towers, including telephone line towers and similar types of other line towers, located within public street rights-of-way, easements, or on private property, and which are constructed in accordance with other regulations as required by the city; D. Residential television antennas, provided they are used in conjunction with the reception of commercial television station signals and are not used for transmission purposes; E. Elevated reservoirs, water tanks or standpipes under the jurisdiction of the city or other water district; F. Athletic Field or Playground Lighting Under the Jurisdiction of the City or Other Public Agency. This exemption is limited to the P-1 public use zone only. (Ord. 6245 § 15, 2009.) 18.31.040 Lots. A. All lots shall meet the lot area and width requirements set forth in the applicable zone, except that for parcels created prior to June 1, 2009, the following standards shall apply. For any residentially zoned parcel of land created prior to June 1, 2009, with an area and/or a width or depth less than that prescribed for a lot in any residential zone, the fact that the parcel of land does not meet the area and/or width requirements as set forth in this title shall not prohibit the property from being utilized for single-familysingle-unit detached dwellingresidential purposes; provided, that all other regulations of this title are complied with. 1. For single-unit detachedfamily homes on substandard lots, the following special provisions for lot coverage and setbacks may apply; provided, that the requirements for access, utility infrastructure, and minimum sight distance as provided for in the city design construction standards, and the requirements for private utilities, can be met: a. Lot Coverage. Lot coverage may be determined by using the following formula: (A/B) * C = D(%) A = Lot area required by zoning code. B = Lot area of existing lot. C = Percentage of lot coverage allowed by zoning code. D = Percentage of lot coverage allowed for the substandard lot. In no case shall the lot coverage exceed 60 percent, unless otherwise allowed by this title. Page 192 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 9 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. b. Front and Rear Setbacks. Either the front or rear setback may be determined by using the following formula: (A/B) * C = D A = Lot area of existing lot. B = Lot area required by zoning code. C = Front or rear setback required by zoning code. D = Front or rear setback allowed for the substandard lot. In no case shall the front or rear setback be less than 10 feet, unless otherwise allowed by this title. c. Side Setbacks. Side setbacks may be determined by using the following formula: (A/B) * C = D A = Width of the existing lot. B = Lot width required by zoning code. C = Side setback required by zoning code. D = Side setback allowed for the substandard lot. In no case shall the interior side setback be less than five feet or the street side setback less than 10 feet, unless otherwise allowed by this title. B. Lots created by the King County assessor’s office shall not be considered as building lots or lots that can be further subdivided unless in accordance with this title and land division ordinance, except those lots created prior to August 24, 1968, which was the adoption date of the previous subdivision ordinance, No. 2204. See ACC 17.04.220 for definition of “lot of record.” C. Lots created by the Pierce County assessor’s office shall not be considered as building lots or lots that can be further subdivided unless in accordance with this title and land division ordinance, except those lots legally created prior to any land being annexed to the city of Auburn. See ACC 17.04.220 for definition of “lot of record.” (Ord. 6245 § 15, 2009.) 18.31.050 Single-family dwelling sitingunit detached siting and design standards. A. All single-unit detachedfamily dwellings (including manufactured homes) located in residential zones shall meet all of the following criteria: Page 193 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 10 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 1. May not have previously had a title granted to a retail purchaser and may not be a used mobile home as defined by RCW 82.45.032(2), now or hereafter amended. 2. Be built to meet or exceed the standards established by federal law 42 USC 5401 through 5403, now or hereafter amended. 3. Be thermally equivalent or better to that required by the state energy code for new residential structures, now or hereafter amended. 4. Be set on and securely attached to a permanent foundation as specified by the manufacturer. 5. Proof of title elimination is required prior to building occupancy. 6. Be connected to required utilities that include plumbing, heating and electrical systems. B. Single-unit detached siting standards. All single-unitfamily dwellings (including manufactured homes) shall comply with the following siting and design standards: 1. The design and construction of the foundation must meet the requirements of the International Building Code, now or hereafter amended; 2. The gap from the bottom of the structure to the ground, around the entire perimeter of the structure, shall be enclosed by concrete or other concrete product as approved by the building official, which may or may not be load-bearing. C. Single-unit detached design standards. In addition to any other documentation required for submittal of a complete application for building permit or discretionary land use approvals/permits, the following items shall be required for the review of building design: 1. Elevation drawings prepared by an architect licensed in the state of Washington of all proposed construction including dimensional drawings at one-eighth inch equals one foot or comparable scale showing the type of exterior materials, color, exterior finishes (including for accessory structures, where applicable), articulation, fenestration details, and the location, elevations, type, style and model of any exterior lighting fixtures (where applicable). 2. As applicable, a to-scale landscape plan consistent with Chapter 18.50 ACC. CD. The above requirements do not apply to single-family unit detached dwellings sited within the R-MHC residential manufactured/mobile home community zone. (Ord. 6245 § 15, 2009.) Page 194 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 11 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.31.060 Recreational vehicle parks. A. The following performance standards shall apply to all recreational vehicle parks: 1. Minimum size of the recreational vehicle park: 100,000 square feet; 2. Maximum gross density: one recreational vehicle space per each 2,000 square feet of land area; 3. Recreational space: eight percent of the total site area shall be provided as defined recreation space. The recreation space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park; 4. Minimum width: each recreational vehicle space shall have a minimum width of 25 feet; 5. Interior private streets: a. Twelve feet of width per each travel lane and 10 feet of width per each parking lane. A minimum of 20 feet shall be provided for one-way systems; b. The streets shall be improved in accordance with this title. In addition, all streets shall be well- drained, well-lighted, and continuously maintained in operable condition; 6. Spacing between units: there shall be a minimum side-to-side dimension of 12 feet between units and a minimum end-to-end dimension of 10 feet between units; 7. Minimum setbacks required: the following setback requirements shall apply: a. Twenty-five feet from a public street; b. Five feet from an interior private street; c. Fifteen feet from the park boundary; 8. Off-street parking: a minimum of one off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one off-street parking space per each three recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park; 9. Pedestrian walkways: pedestrian walkways having a width of not less than three feet shall be provided from the recreational vehicle spaces to all service buildings, and facilities, refuse collection areas, and recreation areas. The walkways shall be hard-surfaced, well-drained, and well-lighted; 10. Landscaping: see Chapter 18.50 ACC; 11. Limit of stay: no recreational vehicle shall remain within in a recreational vehicle park for more than 120 days in any one-year period; Page 195 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 12 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 12. Solid waste disposal: the storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day; 13. Utilities: the following requirements for utilities shall apply: a. A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle, the water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations; b. Watering stations: each recreational vehicle park shall be provided with one or more accessible water supply outlets for filling recreational vehicle water storage tanks; c. Sewage disposal system: an adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained vehicle and shall be connected to the public sewage system. The sewage disposal system in a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations; d. Sanitary stations: each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every 100 recreational vehicle spaces or fractional part thereof. The construction of the sanitary station shall be in accordance with the appropriate county department of health. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls, or natural growth and shall be separated from any recreational vehicle space by a distance of not less than 50 feet; e. Electrical supply system: each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations; f. Other utility systems: if other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park, such installation shall be in accordance with state and local codes and regulations; 14. All recreational vehicle spaces shall be well marked and numbered. B. The planning director shall approve the site plan for all recreational vehicle parks with concurrence of the city engineer. The site plan shall contain the following: 1. Name of the owner and operator, with address and phone number, and the name of the proposed recreational vehicle park or campground; Page 196 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 13 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 2. Legal description of the subject tract of land; 3. Name, address and phone number of the person or firm preparing the site plan; 4. Scale of the drawing and north arrow; 5. The area and dimensions of the tract of land; 6. The number, size and location of all recreational vehicle spaces; 7. The number, location and size of all off-street automobile parking spaces; 8. The location and width of all streets and walkways; 9. The location of service buildings, sanitary stations, recreation area and any other proposed facilities or structures; 10. Location of all utility lines and easements; 11. Indication of the water supply, sewage disposal, electrical supply, and refuse collection systems; 12. Indication of all buildings, recreation uses, and other facilities to be constructed; 13. Landscaping specifications; 14. A vicinity map indicating the names and location of all streets within at least a quarter-mile radius of the subject site; 15. Location and specifications of the manager’s office and dwelling unit; 16. The site plan shall be properly dimensioned and drawn at a scale not less than one inch equals 40 feet and on a sheet size 24 inches by 36 inches; more sheets may be allowed if necessary. (Ord. 6245 § 15, 2009.) 18.31.070 Setbacks. A. The following may project from a building into a required setback; provided, that such projection does not interfere with required utility easements or sight distance requirements pursuant to city design and construction standards: 1. Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts, wireless communications facilities or similar projections not wider than eight feet measured in the general direction of the wall of which it is a part: 18 inches into any setback; provided, that such Page 197 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 14 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. projection does not interfere with required utilities easements or sight distance requirements pursuant to city design and construction standards; 2. Porches and Platforms. a. Uncovered porches and platforms which do not extend above the floor level of the first floor: 18 inches into side setbacks and six feet into the front setback and rear setback; provided, that they may extend three feet into the side setback when they do not exceed 18 inches in height above the finished grade; b. Covered but unenclosed porches and platforms which do not extend above the floor level of the first floor and which are no wider than 50 percent of the building’s frontage: five feet into the front setback; 3. Planting boxes or masonry planter not exceeding 42 inches in height may intrude into any setback; 4. Eaves shall not protrude more than 24 inches into any minimum required setback; 5. Awnings, canopies, marquees and similar structures designed to primarily protect pedestrians from the weather elements. They shall be attached to and supported entirely by the building. The maximum projection shall be seven feet from the building. The projection, if approved by the city, must comply with the International Building Code (IBC) and International Fire Code (IFC), and an approved right-of-way use permit subject to the requirements of Chapter 12.60 ACC. B. Special Front Setback Depth. If buildings existing on July 6, 1964, occupy 50 percent or more of the frontage in any block, and are on one side of the street, then the depth of the front setback required by this title shall be disregarded on that side of the street in such block, and in lieu thereof the depth of front setback required on each lot therein shall be not less than the average depth of the front setbacks existing on July 6, 1964. This shall apply to residentially zoned property only. C. Lots with Significant Slopes. To encourage the preservation of natural features on lots with significant slopes, platted residential lots with an average slope of 15 percent or more may reduce the front setback by up to 20 percent; provided, however, that all structures must comply with applicable sight distance triangle requirements of the city design and construction standards. This provision shall only apply to lots developed for a single-family unit detached dwellingresidence but shall not apply to property zoned RC (residential conservancy). For the purposes of this section, the average slope shall be measured by taking the difference between the average elevations of the rear and the front lot lines. This provision is not intended to waive any other requirements of geotechnical reports or studies that may be necessary to ensure the suitability of a lot for development. Development under this provision may also implement the setback exemptions identified in subsections (A)(1) through (A)(5) of this section. (Ord. 6245 § 15, 2009.) Page 198 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 15 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.31.080 Heliports. The following development standards shall apply to all heliports, excluding those developed as part of the Auburn Airport: A. Meet the Federal Aviation Administration (FAA) requirements; B. Meet the current National Fire Protection Agency 403 requirements; C. Be consistent with the Auburn Municipal Airport requirements; D. The size of the landing pad must be one and one-half times the size of the largest helicopter to use the site; E. The landing pad must be paved, and a source of water available to keep the pad clean, additional fences and/or screens may also be required to reduce any flying debris; F. The location of the heliport shall be compatible with adjacent uses and should be located away from schools and populated areas to include residential, commercial, industrial and other public use areas; G. Additional requirements may also be assessed with regard to fences, hours of operation, lighting, setbacks or easements. (Ord. 6245 § 15, 2009.) 18.31.090 Work release, prerelease and similar facilities. The following siting and performance standards shall apply to all work release, prerelease and similar facilities offering alternatives to imprisonment: A. Maximum Number of Residents. No work release, prerelease or similar facility shall house more than 50 persons, excluding resident staff. B. Dispersion Criteria. 1. The lot line of any new or expanding work release, prerelease or similar facility shall be located: a. One thousand (1,000) feet or more from any residential zone; and b. One thousand (1,000) feet or more from any group residence facility as defined by ACC 18.04.440; and c. One thousand (1,000) feet or more from any accredited public, private or parochial school, excluding commercial schools such as business, vocational or technical schools; and d. One thousand (1,000) feet or more from any religious institution meeting the requirements of a conforming use and meeting all other requirements of the Auburn City Code; and Page 199 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 16 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. e. One thousand (1,000) feet or more from any public park; and f. One thousand (1,000) feet or more from any licensed daycare center, nursery school or preschool as defined by ACC 18.04.290; and g. One mile or more from any other work release, prerelease or similar facility. 2. The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located or expanded to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated. C. Each facility shall provide on-site dining, on-site laundry or laundry service, and on-site recreation facilities to serve the residents. D. A conditional use permit application for a work release, prerelease or similar facility shall be accompanied by proposed operating rules for the facility. These proposed rules shall be reviewed by the planning director in consultation with the chief of police and the city attorney. The planning director shall include in any recommendation on the requested conditional use permit an analysis of the proposed rules as they may relate to the findings of fact required under ACC 18.64.040. (Ord. 6245 § 15, 2009.) 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)) on properties regulated under this title. The siting of small wireless facilities shall also be in accordance with ACC 18.31.110: A. Types of Wireless Communications 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 is a new wireless communications facility (WCF) that is affixed to an existing structure other than a “wireless communications support structure” (also known as an “attached wireless communications 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 WCF together with the height of the existing structure cannot be 25 percent greater than the existing structure or exceed the height limitation of the zone in which the structure is located. Page 200 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 17 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. b. 1-B. The combined height of the WCF together with the height of the existing structure cannot be 50 percent greater than the existing structure or exceed the height limitation of the zone in which the structure is located. c. 1-C. The combined height of the WCF together with the height of the existing structure is 50 percent greater than the existing structure or exceeds the height limitation of the zone in which the structure is located. The height limitation of the zone can only be exceeded by 25 percent. d. 1-D. The WCF is located on an existing nonhabitable structure such as a water tower, athletic field light pole, or similar public utility infrastructure not located within a public way or that is located on an existing nonresidential 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 Type 1 facilities, must include concealment techniques approved by the city. 2. Type 2. Type 2 is new equipment erected on existing towers that have previous 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 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 jurisdiction and that would exceed a “substantial change,” and the combined height of the WCF and structure cannot be 50 percent greater than the existing structure and allow for more than 50 percent (cumulative) expansion of equipment area. 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 is the erection of a new “tower.” There are three separate Type 3 categories described as follows: a. 3-A. “Towers” that are 75 feet or less in height. b. 3-B. “Towers” that are more than 75 feet in height or lattice towers of any height. Page 201 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 18 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. c. 3-C. “Towers” that meet the definition of an emergency wireless communication facility (EWCF) and are 185 feet or less in height. B. Separation between Facilities. 1. New, Freestanding Towers. a. The minimum separation, i.e., distance, between a proposed tower (that is 75 feet or less in height) and any other existing tower, of any height, shall be the height of the proposed tower, including antenna, multiplied by a factor of 10. b. The minimum separation, i.e., distance, between a proposed tower (that is more than 75 feet in height, or lattice towers of any height) and any other existing tower, of any height, shall be the height of the proposed tower, including antenna, multiplied by a factor of 20. c. The community development director may exempt an applicant from these separation requirements if (i) 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 (ii) 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 towers shall be measured by following a straight line, without regard to intervening buildings, from the base of one tower to the base of the other tower(s). 3. A tower 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, nonconforming use and was lawfully constructed is existing. It shall be the applicant’s responsibility to provide evidence of lawful construction. Subsequent 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 nonconforming. C. Co-Location Requirements. 1. For towers that are more than 75 feet in height and lattice towers of any height, the owner of the tower shall execute and provide evidence of a nonexclusive lease with the 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 (C)(3) of this section. Page 202 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 19 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 2. Any application for Type 3-B or 3-C towers that are more than 75 feet in height or lattice towers of any height shall include technical, environmental, or regulatory justification that an existing WCF 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 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. 1. Unless otherwise provided for, the height of any tower 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 applicant shall provide evidence that the Federal Aviation Administration (FAA) has approved the location and 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 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 residential zone except as an eligible facility request. Page 203 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 20 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 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 technically 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 18.04.374, if visible from a public 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 engineering design and construction standards. 2. Landscaping. a. Where above-ground support equipment is visible from a public way, a minimum width of five feet of landscaping will be provided on the exterior of the enclosing fence in order to effectively screen the equipment from the public 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 engineering design and construction standards. b. Where facilities are visible from adjacent residential or mixed-use zoning districts, a minimum width of five feet of landscaping will be provided on the exterior of the enclosing fence in 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 percent being deciduous, backed with a 100 percent sight-obscuring fence, as defined in ACC 18.04.374, 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 the 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 Page 204 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 21 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 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 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 nonreflective materials (visible exterior surfaces only). 2. In order to minimize any potential negative aesthetic impacts from new WCFs including protecting views to and from residential neighborhoods, mitigation may be required to blend the facilities in with the adjacent natural setting and/or built environment. Typical solutions for 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 adjoining 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 in this chapter. 3. Building- or roof-mounted antennas will be painted or textured to blend with the adjacent surfaces. 4. 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. Page 205 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 22 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 5. Except as specifically required by the FAA (but must be approved by the city), freestanding towers 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, nonreflective color that is identical to, or closely compatible with, the color of the supporting structure or use 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 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 names 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. Page 206 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 23 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 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 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 shall, 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 development 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. The city 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 90 days of receipt of written notice from the city. If such WCF is not removed within 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. 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 new WCFs, 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 new tower greater than 75 feet in height shall provide technical justification as to why a tower of 75 feet or less in height could not be utilized instead to adequately serve the Auburn community. Page 207 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 24 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 2. Narrative description of the facility including whether there is capacity on the proposed structure for more antennas. The applicant shall provide evidence of the ability to execute a nonexclusive 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 sample for the proposed tower. 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 and above-ground support equipment. L. Zones in Which WCFs Are Permitted. The following table illustrates which zones the types of facilities as defined by ACC 18.04.912(K) and (W) and subsection A of this section are allowed in and which land use approval process, if any, is required. Microcells, as defined by ACC 18.04.912(M) (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(M). Type of Permit Required Zone Permitted Outright Administrative Use Permit Conditional Use Permit All Zones 1-D 1-D1 1-D2 R-FO, RO-H 1-A 1-B 1-C C-N 1-A 1-B 1-C C-1 1-A 1-B 1-C C-2, DUC 1-A 1-B 1-C C-32, 1-B, 2-A 1-C, 2-B, 3-A 3-B Page 208 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 25 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Type of Permit Required Zone Permitted Outright Administrative Use Permit Conditional Use Permit C- AG4 M-1 1-B, 2-A 1-C, 2-B, 3-A 3-B 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 I 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. M. Exemptions. 1. Unless otherwise provided for, the mobile testing facilities/equipment used to test network limitations are exempt from the provisions of this section. 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. 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: Page 209 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 26 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 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 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; and 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. 3. Time Frame for Reviewing and Deciding Eligible Facilities Requests. Subject to the tolling provisions below, within 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 facilities request,” or does not comply with other applicable code requirements. a. Tolling of the Time Frame 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 time frame for incompleteness, the city must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application; c. The time frame 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 Page 210 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 27 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. d. Following a supplemental submission, the city will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsections (N)(3)(a) and (b) of this section. 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, the presumptively reasonable time frame 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. 6885 § 1 (Exh. A), 2022; Ord. 6799 § 7 (Exh. G), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 15, 2009.) 18.31.110 Siting of small wireless facilities. The following siting standards are intended to guide the location and development of 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 communications facilities found in ACC 18.31.100. A. Siting Criteria for Small 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 17 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 landscaping 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 groundcover shall be provided. 3. There shall be a 300-foot separation between any small wireless facilities used by the same carrier. Page 211 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 28 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 4. Anyone wishing to establish a small wireless facility or associated components shall make application to the community development director upon application forms provided by the director. The director shall review each application and may be empowered to approve, deny or modify the proposal. (Ord. 6799 § 8 (Exh. H), 2020; Ord. 6245 § 15, 2009.) 18.31.115 Wetland mitigation. The following siting criteria shall apply to all wetland mitigation site construction within the city of Auburn, the purpose of which is to mitigate the impacts of a project that is not located within the city of Auburn. Off- site wetland mitigation construction that is associated with a project that is located within the city of Auburn shall be reviewed concurrently with that proposal and will not be subject to the following: A. Definitions. “Wetland mitigation site construction,” for the purposes of this section, means the construction of new wetlands on existing nonwetland property and/or the enhancement of existing wetlands. B. Siting Criteria. Wetland mitigation site construction may be allowed within any zone within the city of Auburn subject to all of the following criteria. At a minimum the proponent of wetland mitigation site construction shall apply for and receive from the city of Auburn a grading permit before said construction begins. 1. The wetland mitigation site must be linked to and be compatible with a comparable naturally occurring ecosystem, e.g., another wetland, river, stream, etc. The constructed wetland mitigation site cannot be an isolated mitigation site. 2. Only a public agency may propose a wetland mitigation site pursuant to this section. Before starting construction the public agency proposing the wetland construction must have an approved budget that has sufficient financial capability to construct the wetland mitigation project. The public agency must also provide the city a written commitment to complete the project, to the city’s satisfaction, once construction starts. 3. The project, outside of Auburn, that is creating the need for the wetland mitigation shall be a public project of a regional or statewide significance and shall be a benefit to the general public. The proponent shall demonstrate to the city’s satisfaction that it is impractical to mitigate wetland impacts in the jurisdiction and/or drainage basin where the wetland impact occurs. 4. There must not be a loss of buildable upland property such that it would be a financial burden to other properties in the area, or the city, with regard to funding capital improvement projects. This would include, but not be limited to, the participation or potential participation in local improvement districts (LIDs), the financial participation in city of Auburn capital improvement projects, or system development charges. Financial contributions may be used to offset the loss of the financial participation and shall require a separate legal binding contract to be executed between the city and the public agency. Page 212 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 29 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 5. There must not be a loss of buildable upland property that would diminish the city’s ability to meet its responsibilities with regard to the Growth Management Act or comprehensive plan. (Ord. 6245 § 15, 2009.) 18.31.120 Accessory dwelling units (ADU). Accessory dwelling units are permitted outright in all residential zones that permit single-family homes, and may be developed with new or existing single-family homes. The development standards of the underlying zone and the following siting and performance standards shall apply to all accessory dwelling units as defined by ACC 18.04.018. A. The home or accessory dwelling unit must be the principal place of residence for the homeowner. BA. Only oneTwo accessory dwelling unitADUs may be permitted per single-family residence on lots that meet the minimum lot size of the zone in which the property is located. B. The two ADUs may be attached, detached, or any combination thereof. C. An accessory dwelling unitADU shall not be larger than 50 percent of the square footage of the single- family home with garage space not being included in the calculation. In no case shall the accessory dwelling unit be more than 9501,000 square feet, nor less than 300 square feet, nor have more than two bedrooms. Garage space shall not be included in this calculation. D. Exterior Appearance/Modifications. 1. Any alterations shall not change the appearance from that of a single-family residence, as determined by the planning director. 2. Only one exterior entrance is allowed to the accessory dwelling unitADU and it can be located no closer than 10 feet to an adjoining property line. 3. Any exterior stairs shall be placed in the rear or side setback and no closer than 10 feet to an adjoining property line. 4. Where garage space is converted to living space, the garage door shall be replaced with materials that match the exterior of the house. If a detached garage is converted, its appearance must still be that of a detached garage and the detached garage must be able to be used for parking of at least one vehicle. E. Parking Requirements. 1. The parking required for the existing single-family home must meet all requirements of the zoning code including amount, size and setback requirements in order for an accessory dwelling unit to be Page 213 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 30 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. allowed.Additional on site parking is not required for ADU’s that are located within one half mile walking distance of a Major Transit Stop. 2. One additional parking space, beyond those required for the single-family home, is required for an accessory dwelling unit. The additional parking space must also meet all requirements of the zoning code.For ADUs located more than one-half mile walking distance from a Major Transit Stop, and sited upon lots that are greater than 6,000 square feet, two on-site parking spaces are required per ADU. 3. Newly created parking shall make use of existing curb cuts, when possible. For ADUs located more than one-half mile walking distance from a Major Transit Stop, and sited upon lots that are less than or equal to 6,000 square feet, one on-site parking spaces is required per ADU. F. An accessory dwelling unitADU may not be sold as a separate piece of property, or as a condominium unit, unless allowed by the existing zoning on the property. G. ADUs must be connected to municipal sewer. H. ADUs may not be used as short-term rental lodging. I. Creation of a new ADU shall not trigger street frontage improvements. J. Conversion of legally established structures, that do not conform to current zoning and/or land use standards, to an ADU shall not be required to come into conformance. G. Any home property owner seeking to establish an accessory dwelling unitADU shall apply for approval in accordance with the following procedures: 1. The homeowner shall apply for an accessory dwelling unitADU permit with the city. A complete application shall include a properly completed application form, floor and structural plans, and fees. 2. Before issuance of the certificate of occupancy for an accessory dwelling unitADU, the homeowner must provide a copy of a statement recorded with the county in which the subject property is located. The statement must read: An application for a permit for an accessory dwelling unit has been submitted to the city of Auburn by the owner of this property. Future owners are advised that the owner of the property must comply with all requirements of the Auburn Zoning Code, as amended, if the accessory dwelling unit is to be occupied or rented. H. If an accessory dwelling unitADU is to be removed, appropriate permits and inspections must first be received from the city. If a homeowner wants to remove the statement as required by subsection (G)(2) of this section from the property’s title, then the city shall issue an appropriate release upon evidence that the accessory dwelling unitADU has been removed. The release shall be recorded by the homeowner with the Page 214 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 31 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. county records and elections office and a copy of the recorded release shall be provided to the city. (Ord. 6419 § 4, 2012; Ord. 6245 § 15, 2009.) 18.31.130 Communal residence standards. A. Parking Requirements. There must be one off-street parking stall that meets city standards of ACC 18.52.050, Parking design, development, and maintenance standards, per tenant. The applicant must demonstrate that each off-site parking space is under their ownership. In condominium or townhouse communities the applicant can also provide legal documentation that demonstrates that they have exclusive use of a common area parking space. The city shall reduce the off-street parking requirement if the property owner provides and maintains a notarized affidavit signed separately by each tenant, certifying that a tenant does not own a vehicle or have control of a vehicle while at the residence. A copy of the affidavit must be provided to the city upon request. B. Solid Waste Management Requirements. 1. ACC 8.08.070 requires all occupied communal residences to have minimum garbage service. The landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the minimum garbage service level of this section. 2. The landlord is responsible to provide each tenant with the solid waste collection schedule at the time of the tenant’s initial occupancy and that schedule is to be posted within the unit. C. Periodic Inspection Required. Upon written request, the communal rental housing owner or manager shall allow inspection of the communal rental housing residential units consistent with their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code, including ACC 5.22.050(C)(3). The city may, with the legally obtained consent of an occupant or owner or manager, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code. D. Occupancy Limits. 1. International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence. 2. The occupancy limit for a communal residence shall not exceed four people. (Ord. 6560 § 10, 2015; Ord. 6477 § 9, 2013; Ord. 6245 § 15, 2009.) Page 215 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 32 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.31.140 Gated residential subdivisions. The street(s) within a residential subdivision may be allowed to be gated pursuant to the following: A. Gated streets cannot adversely affect the automobile or pedestrian traffic of an existing or future neighborhood. This will be determined by (1) the use of gated streets would not cause discontinuity in the existing or proposed public street system (i.e., street layout) including pedestrian traffic, (2) the use of gated streets cannot preclude public street access to other properties, and (3) the use of gated streets would not distribute an unacceptable amount of traffic through an existing or future neighborhood than would otherwise result if through public streets were used. B. Gated residential subdivisions of more than four lots can only be permitted as part of the plat process pursuant to Chapter 17.10 ACC. Existing plats, proposed to be gated, must go through a plat alteration process pursuant to Chapter 17.20 ACC as well as meet all the requirements of this section. C. The gated streets are to be privately owned and maintained. The private streets must however meet the same design, construction, and public facility extension standards required of public streets, including approval of the construction by the city. Private streets are only allowed to serve more than six lots if part of a gated residential subdivision. D. A legally incorporated property owners’ association must be established and assume the responsibility and cost to repair and maintain the proposed private street(s) and gate(s). The property owners must also agree to maintain a policy of liability insurance in a minimum amount of $1,000,000 of which the city is named as insured to protect the city from any claims that may result from the property owners’ utilization of a gated roadway, including but not limited to malfunctions of the gate. If the association fails to maintain the street(s), the by-laws of the association must give the city the right to maintain the street(s) and charge the cost of the maintenance, including any administrative costs, to the association members. The by-laws establishing the association must state that if future owners should request the private street(s) be changed to public then the owners fully agree that, before the acceptance of such streets by the city, the owners will bear the full expense of reconstruction or any other action necessary to make the streets substantially consistent with the requirements of public streets, applicable at the time. If at any time the private streets are converted to public streets, then the gate(s) shall be removed at the expense of the association. E. At the time of application for a preliminary plat or plat alteration the applicant shall address and provide evidence that those items as required in subsections A, B, C, D, and F of this section have been fulfilled. A preliminary plat or plat alteration shall not be approved unless it is found to meet the requirements of this section. Page 216 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 33 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. F. Design Standards for All Entry Gates to Residential Developments Including Residential Subdivisions, Apartment Complexes, Condominiums, and Mobile Home Parks. 1. A vehicle turnaround, turnout or similar mechanism shall be provided in front of the gate. The entrance to the proposed gate shall be designed and stamped by a professional civil engineer licensed in the state of Washington and shall allow for a safe turnaround for vehicles in front of the gate in cases where the vehicle is denied entry. The design for the gated entrance shall consider the abutting public roadway alignment and grade, sight distance, posted speeds and other engineering criteria relevant to designing the particular gated entrance. The proposal shall be reviewed for approval by the city engineer. 2. Gate construction shall be of wrought iron or similar material approved by the planning director and be constructed in such a manner to allow for viewing of obstructions located within the swing path of the gate. The swing path of the gate shall be away from or parallel with the vehicle approaching the gate. The gate and accessory equipment shall be coated to prevent corrosion. 3. If the entry gate(s) obstructs access to solid waste collection, public water, sewer, or storm water utilities owned and maintained by the city, then a property owner or homeowners’ association will be required to meet all easement requirements and be responsible for assuring that 24-hour access is provided to the city. The city’s public works director shall determine a specified number of activation keys, activation devices or receive the access code to the gate which shall be distributed to the appropriate city departments. If the access method to the gate is subsequently modified, then the property owner or homeowners’ association shall notify the public works director and again provide to the public works director a specified number of activation keys, activation devices or the access code to the gate which shall be distributed to the appropriate city departments. 4. Emergency Access Provisions. Gates shall have rapid entry key capabilities as approved by the fire marshal. The gate shall provide for 20 feet of clear passage for emergency access with a minimum clear height of not less than 16 feet six inches in accordance with WSDOT Design Manual Section 1120.04, “Bridge Site Design Elements,” paragraph 5(a)1. Electrically operated gates shall have the capability to automatically default to the unlocked (open) position in the event of a power outage. (Ord. 6245 § 15, 2009.) 18.31.150 Secure community transition facilities. The following siting and performance standards shall apply to all secure community transition facilities (SCTFs) as defined in RCW 71.09.020: A. Maximum Number of Residents. No SCTF shall house more than 15 persons, excluding resident staff. B. Siting Criteria. As an essential public facility of regional or statewide importance, any SCTF shall be sited consistent with the essential public facilities process in the Auburn comprehensive plan and shall be located in Page 217 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 34 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. the region-serving area of Auburn, as defined and mapped in the Auburn comprehensive plan. Such facilities should be located in relationship to transportation facilities in a manner appropriate to their transportation needs. Extensive buffering from adjacent uses may be required. C. Dispersion Criteria. 1. The lot line of any new or expanding SCTF shall be located: a. One thousand (1,000) feet or more from any residential use; and b. One thousand (1,000) feet or more from any group residence facility as defined by ACC 18.04.440; and c. Not adjacent to a parcel containing nor within the line of sight of any of the following: i. Any accredited public, private or parochial school; ii. Any religious institution in existence as of the effective date of the ordinance codified in this section; iii. Any public park, publicly dedicated trail, sports field, playground, or recreational or community center; iv. Any licensed daycare center, nursery school or preschool as defined by ACC 18.04.290; v. Any school bus stop in existence at the time the facility is proposed; vi. Any public library; and vii. Any other facilities as identified by the State of Washington Department of Social and Health Services following the hearings on a potential site as required in RCW 71.09.315; d. One mile or more from any work release, prerelease or similar facility. 2. The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located or expanded to the nearest point of the parcel of property or the land use district boundary line from which the proposed land use is to be separated. 3. The “adjacent to a parcel containing nor within the line of sight” criterion is a minimal guideline established to minimize the access between an SCTF and a “risk potential activity” as defined in RCW 71.09.020. That criterion may be altered depending on topographic conditions, size of parcels, or substantial intervening barriers to access (e.g., a river). D. A conditional use permit application for an SCTF shall be accompanied by the following: Page 218 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 35 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 1. The siting process used for the SCTF, including alternative locations considered; 2. An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no undue impact on any one racial, cultural, or socioeconomic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction, or region; 3. Proposed mitigation measures; 4. A detailed plan that demonstrates how security for the facility and the residents will be addressed, and how the security plans will be coordinated with local emergency personnel; 5. A detailed plan on how the proposed operating rules for the facility will be developed and coordinated with local emergency personnel; 6. A schedule and analysis of all public input solicited or to be solicited during the siting process, including assurance that comments are reviewed and adequately responded to; and 7. A preliminary landscaping plan that shows how the proposal intends to meet the requirements of the zone in which it is located, in order to comply with state regulations for siting an SCTF and in order to provide appropriate visual separation between the SCTF and neighboring land uses such that impacts to residents of an SCTF by neighboring manufacturing uses are mitigated. These proposed materials shall be reviewed by the planning director in consultation with the chief of police and the city attorney. The planning director shall include in any recommendation on the requested conditional use permit an analysis of the proposal as they may relate to the findings of fact required under ACC 18.64.040. (Ord. 6245 § 15, 2009.) 18.31.160 Supportive housing development standards. A. Supportive housing projects allowed pursuant to ACC 18.07.020 shall comply with the following standards: 1. Minimum lot area per unit: 1,200 square feet. 2. For lots with an area of up to one acre, the maximum number of units allowed is 25; for lots with an area greater than one acre, the maximum number of units allowed is 50. 3. Maximum lot size: two acres. 4. Minimum separation from other supportive housing projects: five miles. 5. Maximum unit size: 450 square feet (on-site manager unit excepted). Page 219 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 36 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 6. Shall provide an on-site resident manager who is accountable to the owner or manager of the supportive housing project. 7. Appropriate off-site support services shall be available within 1,000 feet. Off-site support services shall provide residents with case management services, medication monitoring, help with vocational training and goals, access to chemical dependency services, assistance with activities of daily living, etc. 8. Registered sex offenders shall not be allowed to reside within supportive housing projects located within 880 feet of a school, church, daycare facility or public park. 9. A written management plan shall be provided for the review and approval of the planning director. At a minimum, a management plan shall address the following: a. The specific nature of the supportive housing project and its intended occupants; b. Its potential impact on nearby residential uses and proposed methods to mitigate those impacts; c. Identification of the project management or agency to whom support staff are responsible and who will be available to resolve concerns pertaining to the facility; d. Identification of staffing, supervision and security arrangements appropriate to the facility; e. If the planning director determines at any time there is evidence of fraud in obtaining the permit; concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports; or that the supportive housing project is found to be in violation of the approved plans, conditions of approvals, or the terms of the permit or management plan, and the owner has failed to correct the violation after proper notice thereof; then the planning director may order the closure of the project. 10. If a supportive housing project is discontinued or abandoned, future use of the property shall be in conformance with the use and development standards of the R-20 zone. (Ord. 6245 § 15, 2009.) 18.31.170 Reserved. Reserved. (Ord. 6245 § 15, 2009.) 18.31.180 Performance standards. A. General. The following performance standards specifically govern industrial, manufacturing, processing, assembly and similar type uses typically found within the industrial zones. These standards may also apply to Page 220 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 37 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. other uses and activities in other zones, which are not otherwise governed by other regulations of the Auburn City Code. B. Noise. The noise emanating from the premises of commercial or industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and shall not exceed those standards as determined by Chapter 173-60 WAC, as amended. C. Glare. Exterior lighting shall not be used in such a manner that it produces glare on public streets and neighboring property. This restriction also applies to any other nonresidential zone or use adjacent to single- family residential zones. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the property line of the use creating the glare. D. Storage and Handling of Flammables. In terms of fire and safety hazards, the storage and handling of flammable liquids, combustible liquids, liquefied petroleum gases and explosives shall comply with the rules and regulations of the International Fire Code, as amended. E. Electrical Interference. Provisions must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses. F. Odorous Gases and Matter. The emission of odorous gases or matter in such quantities as to be readily detectable, without special instruments, at any point beyond the property line of the use creating the odors is prohibited. G. Smoke and Particulate Matter Emissions. No emissions shall exceed the allowances set forth by the Environmental Protection Agency, the Washington State Department of Ecology and/or the Puget Sound Air Pollution Control Agency. H. Dust, Dirt, Fly Ash, or Airborne Solids. No observable dust, dirt, fly ash or other airborne solids shall be emitted except as related to construction activity or permitted in Chapter 18.62 ACC, Surface Mining. I. Waste Storage. Storage of animal or vegetable wastes which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste. J. Toxic Gases and Matter. No emissions of toxic gases or matter shall be permitted. K. Vibration. Vibration which is easily discernible, without special instruments at any point beyond the property line, is prohibited. This shall not apply to vibration caused by highway vehicles, trains, aircraft or construction activities. L. Hazardous Substance and Waste. No hazardous substances or wastes shall be released into the environment so as to cause dangerous or offensive emission or contamination of any public or private water Page 221 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 38 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. supply, sewage treatment processes, watercourse or water body, the air or the ground, except in accordance with standards approved by provisions of federal, state and local laws and regulations. (Ord. 6245 § 15, 2009.) 18.31.190 Supplemental standards for residential mobile home communities. Supplemental development standards for the R-MHC district are as follows: A. Recreational Vehicle Storage Area. A fenced and screened storage area shall be provided, the size of which shall be 300 square feet of area for each 10 homes. The storage area shall not abut property other than that which is zoned R-MHC. B. Recreation Area. A central recreation area shall be established in each community created pursuant to the provisions of this chapter. The size of the area shall be at least 200 square feet per home site. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities. The planning director may permit decentralization of the recreation facilities in accordance with principles of good planning; provided, that the total recreation area meets the above stated minimum size. C. Space Identification. Each manufactured home site shall be plainly marked and numbered for identification. D. Community Office. Every community shall provide a permanent building to be used as an office for community management. E. Streets. Internal private community streets shall be provided in such a pattern as to provide convenient traffic circulation, including fire and other equipment responding to emergencies, within the community. They shall be built to the following standards: 1. The width of all private community streets shall be not less than 34 feet including curbs. Street widths of 24 feet may be permitted in communities; provided, that adequate off-street parking is provided at the ratio of one off-street parking space for each manufactured home site within the community. The location and placement of the off-street parking spaces will be subject to approval by the planning director. No on- street parking will be permitted on street widths of less than 34 feet and signs designating “no parking” and “fire lane” must be placed on both sides of the street and so marked on the final plans. 2. All public streets abutting a community shall be improved in conformance with the city’s design and construction standards. 3. There shall be curbing constructed to city design and construction standards on each side of all private community streets. 4. The private community streets shall be paved in accordance with the city’s design and construction standards. Page 222 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 39 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 5. Private community streets shall be lighted in accordance with the city’s design and construction standards. 6. Minimum radii on private community street curves shall not be less than 45 feet. F. For those communities that had been approved prior to June 15, 1987, the adoption date of Zoning Ordinance No. 4229, the placement or replacement of any home shall either be in conformance with this chapter or the site plan which had been previously approved by the city. For those communities which do not have an approved site plan, the replacement of a home shall either be consistent with this chapter or the location of the previous home. In no case shall any applicable fire or building code requirements be lessened. (Ord. 6245 § 15, 2009.) 18.31.200 Architectural and site design review standards and regulations. A. Intent and Purpose. The architectural and site design regulations provide an administrative review process for evaluating the design and arrangement of development. The architectural and site design regulations are intended to be consistent with and implement the policies of the comprehensive plan. The purposes of these design review regulations are to: 1. Foster good decision-making for development through architectural and site design within the context of the community’s built and natural environmental character, scale and diversity; 2. Promote the use of appropriate scale of buildings and the configuration of open space and parking areas for development to safely and comfortably accommodate pedestrian activities; 3. Coordinate the interrelationship of buildings and public and private open space; 4. Discourage monotony in building design and arrangement, while promoting harmony among distinct building identities; and 5. Mitigate, through design and site plan measures, the visual impact of large building facades, particularly those which have high public visibility (encourage the creative use of architectural and landscape features in order to reduce the actual and perceived scale and bulk of structures). B. Applicability. The following land uses, types of development activities, including all related site improvements, and geographic areas, are subject to the architectural and site design standards and the processes and regulations for conducting design review contained in this chapter: 1. Multiple-FamilyApartments (formerly multiple-family) and Mixed-Use Developments. The following land uses and types of development are subject to the city’s multiple-familyapartment and mixed-use design standards document unless addressed by a different set of architectural and site design standards applicable to a specific geographic area: Page 223 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 40 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. a. Multifamily Apartments development inclusive of triplexes and fourplexesseven or more units in all zones in the city where permitted outright or as a conditional use and not otherwise addressed through the city’s residential infill development standards (Chapter 18.25 ACC); and b. Mixed-use residential development. Mixed-use development containing residential living units in all zones in the city where permitted outright or as a conditional use; and c. Retirement apartments, congregate living facilities and senior housing complexes in all zones in the city where permitted outright or as a conditional use. 2. Downtown Urban Center. The following locations of development activities are subject to the city’s downtown urban center design standards document: a. Properties located within the boundaries of the DUC, downtown urban center zoning district, as identified on the comprehensive zoning map. 3. Auburn Junction. The following locations of development activities are subject to the city’s Auburn Junction design standards document: a. Properties located within the boundaries of West Main Street, 2nd Street SE/SW, A Street SE, and A Street SW as identified with ACC 18.29.070, design standards of the DUC downtown urban center zone. 4. Northeast Auburn Special Planning Area. The following locations of development activities are subject to the city’s Auburn Gateway architectural and site design standards document: a. Properties located within the boundaries of the Auburn Gateway Project as defined by the development agreement approved by city Resolution No. 4756, or as may be subsequently amended. The Auburn Gateway architectural and site design is addressed in Section 4 of this resolution and provided as Attachment 4 to the resolution. C. Exemptions. The following activities as determined by the community development director shall be exempt from the provisions of the design standards: 1. Any building activity that does not require a building permit; or 2. Interior construction work which does not alter the exterior of the structure; or 3. Normal or routine building and site maintenance/repair that is exempt from issuance of a permit including the repair or maintenance of structural members; or 4. Interior alterations that do not modify an existing site condition; or 5. Site and exterior alterations that do not exceed 10 percent of the assessed valuation of the property building or land per the most recent county records; or Page 224 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 41 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 6. Building additions that are less than 10 percent of the existing floor area of the existing building. Any cumulative floor area increase from the adoption date of the ordinance establishing the architectural and site design standard that totals more than 10 percent shall not be exempt unless the community development director determines compliance with these standards would be infeasible and/or unreasonable. D. Design Standard Documents. Adopted by reference are the following architectural and site design documents, copies of which shall be maintained by the city clerk. These documents contain the standards for the design and development of the built environment. The community development director or designee shall have the authority to apply the standards to specific development proposals. The following specific architectural and design standards documents may be amended upon approval by the community development director: 1. Mixed-use and multiple-familyapartment (formerly multiple-family) development design standards. 2. Auburn Gateway architectural and site design standards. 3. Downtown urban center design standards. 4. Auburn Junction design standards. E. Timing of Administrative Design Review. 1. Design review shall be conducted by the community development director or designee prior to or concurrent with the processing of building permits and/or review of discretionary land use approvals/permits. 2. The decision on the administrative design review shall be issued prior to issuance of the building permits and/or issuance of discretionary land use approvals/permits. F. Pre-Application Meeting – When Required Associated with a Design Review. 1. A pre-application conference is required for the following instances: a. For multifamily apartments development in the R-310, R-316, and R-420 residential zones; and b. For mixed-use development containing residential living units located within R-310, R-163 and R-420 residential zones; and c. For mixed-use development containing residential living units located within commercial zones; and d. For retirement apartments, congregate living facilities and senior housing complexes located within R-310, R-316 and R-204 residential zones, and all commercial zones. Page 225 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 42 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 2. A pre-application conference is strongly recommended for all other projects subject to the city’s architectural and site design review but is not required. G. Design Review Submittal Requirements. In addition to any other documentation required for submittal of a complete application for building permit or discretionary land use approvals/permits, the following items shall be required for the architectural and site design review: 1. Elevation drawings prepared by an architect licensed in the state of Washington of all proposed construction including dimensional drawings at one-eighth inch equals one foot or comparable scale showing the type of exterior materials, color (where applicable), exterior finishes for buildings and accessory structures, location and elevations of exterior lighting for buildings, the type, style and model of exterior lighting fixtures (where applicable), parking areas, and fenestration details; 2. A to-scale landscape plan prepared by a landscape architect licensed in the state of Washington showing existing vegetation to be retained and proposed vegetation to be installed inclusive of the common and botanical name of all vegetation, the location and quantity of vegetation, the initial planting size and methods of irrigation; 3. A context vicinity map that shows all structures on the property and within 200 feet in each direction of the subject property drawn approximately to scale; 4. A neighborhood circulation plan consistent with the provisions of Chapter 17.16 ACC (Neighborhood Circulation Plan); and 5. Conceptual plans for any public infrastructure, including roads, water, sewer, and storm facilities. H. Interpretations. 1. The community development director shall be authorized to interpret the meaning of words, phrases and sentences which relate to the implementation of the specific architectural and design standards document. Any interpretations regarding implementation of the specific architectural and design standards document shall be made in accordance with its intent or purpose statements and the intent and purpose statements of this chapter. For interpretations, life safety and public health regulations shall be given priority over all other regulations. 2. Administrative interpretations may be appealed to the hearing examiner as prescribed in ACC 18.70.050. I. Design Review Adjustments. 1. Authority for Design Review Adjustments. The community development director or designee shall have the authority, subject to the provisions of this section and upon such conditions as the community development director or designee may deem necessary to comply with the provisions of this section, to approve design adjustments as follows: Page 226 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 43 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. a. An adjustment to architectural or site design requirements such that no more than two of the total number of required menu items in the city of Auburn multifamilyapartment and mixed-use design standards are out of compliance. b. An adjustment to required building wall and roof modulation standards, as contained in the city of Auburn multifamily apartment and mixed-use design standards, up to 20 percent of the amount of any quantified standards contained therein. c. An adjustment to the architectural or site design requirements that remains consistent with the purpose and intent of the architectural and site design standards. 2. Required Findings to Grant Design Review Adjustments. Each determination granting an adjustment by the community development director or designee shall be supported by written findings showing specifically wherein all of the following conditions exist: a. That the granting of such adjustment does not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and/or zone of the subject site; and b. That the granting of such adjustment will not adversely affect the established character of the surrounding neighborhood, discourage maintenance or upgrades on surrounding properties, nor result in perpetuation of those design qualities and conditions which the comprehensive plan intends to eliminate or avoid; and c. That the project incorporates alternate design characteristics that are equivalent or superior to those otherwise achieved by strict adherence to stated menu options; and 3. Public Notification and Action on Design Review Adjustment Applications. Upon the filing of a properly completed application and associated request for a design review adjustment, the community development director or designee shall comply with the city’s Type II land use review requirements for issuance of a properly noticed and appealable land use decision. 4. Appeal of Director’s Decision on Design Review Adjustments. a. If a written objection to the initial determination notice is filed within 14 business days of said notification, the community development director or designee shall reconsider the initial determination in light of the objection(s) as raised and render a final decision on the permit. This final decision shall result in either the community development director’s affirmation of the original determination of approval, the approval with additional modifications or denial. b. Upon completion of the community development director’s reconsideration, all parties notified of the original determination shall receive notification of the community development director’s final decision. Any party aggrieved by the community development director’s final decision may file an appeal of that decision to the hearing examiner in accordance with the city’s land use appeal Page 227 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 44 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. provisions. Such appeals for hearing examiner review must be filed within 14 business days from the date the written decision was made and shall include the following: i. The appeal shall be filed on forms provided by the department of planning and development. ii. The appeal shall clearly state the decision being appealed, setting forth the specific reason, rationale, and/or basis for the appeal. iii. Fees associated with the appeal shall be paid to the city upon filing of the appeal in accordance with a fee schedule established by resolution. 5. Upon filing of a timely and complete appeal, the hearing examiner shall conduct a public hearing to consider the merits of the appeal. This hearing shall be subject to the city’s public noticing and public hearing requirements and shall include notification of all parties notified of the community development director’s final decision. The hearing examiner may affirm the community development director’s decision or may remand the matter to the community development director for further review in accord with the examiner’s direction. 6. If no written objection is filed to the initial determination within the specified time limits, the community development director shall render a final decision on the permit in accord with the initial determination. J. Approval Criteria for Design Review. The community development director or designee may approve, modify and approve, or deny an application for an administrative design review. Each determination granting approval or approval with modifications shall be supported by written findings showing the applicant satisfies all the following criteria: 1. The plans and supplemental materials submitted to support the plan meet the requirements of the specific architectural and site design documents; 2. The proposed development is consistent with the comprehensive plan; 3. The proposed development meets required setback, landscaping, architectural style and materials, such that the building walls have sufficient visual variety to mitigate the appearance of large facades, particularly from public rights-of-way and single-family residential zonessingle-unit detached dwellings and middle housing. 4. In addition to the criteria in subsections (J)(1) through (3) of this section, for multiple- familyapartments residential and retirement apartment projects, the director or designee must determine that the following key review criteria have been met: a. The proposed development is arranged in a manner that either: i. Provides a courtyard space creating a cohesive identity for the building cluster and public open space furnished to facilitate its use; or Page 228 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 45 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. ii. Possesses a traditional streetscape orientation that provides clearly identifiable and visible entries from the street, views from residential units onto the street and reinforces pedestrian- oriented streetscape characteristics (e.g., building edge abutting sidewalk, entries onto the street); or iii. Faces and facilitates views of a major open space system; b. The proposed development provides a variety in architectural massing and articulation to reduce the apparent size of the buildings and to distinguish vertical and horizontal dimensions; c. The proposed development contains a combination of elements such as architectural forms, massing, assortment of materials, colors, and color bands sufficient to distinguish distinct portions and stories of the building; d. Residential buildings in large multiple-familyapartment projects or mixed-use projects are physically integrated into the complex possessing sufficiently different appearance or placement to be able to distinguish one building from another; e. Unit entrances are individualized by use of design features that make each entrance distinct or which facilitate additional personalization by residents; f. Areas dedicated to parking are sufficiently visually broken up and contain a complement of vegetative materials to project a landscaped appearance; g. Where applicable, a transition is created that minimizes impacts from multifamily apartments and mixed-use development projects on neighboring lower density residential dwelling units in abutting or adjacent single-family zones; and h. Where applicable, in cases of granting density or height bonuses, the project has provided community benefits, facilities or improvements above and beyond those required in the municipal code and supports the goals, objectives and policies of the comprehensive plan. (Ord. 6728 § 4 (Exh. D), 2019; Ord. 6408 § 1, 2012; Ord. 6287 § 2, 2010; Ord. 6245 § 15, 2009.) 18.31.210 Agricultural enterprises development standards. A. Purpose. The purpose of this section is to regulate the establishment and operation of agricultural enterprises in order to maintain and preserve the lower density residential character, integrity, environmental protection, and property values of the residential conservancy (RC) zone in which they are located and the surrounding areas. B. Applicability. The permit requirements and standards provided in this section apply to agricultural enterprises where allowed in compliance with Chapter 18.07 ACC, Residential Zones, and meeting the Page 229 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 46 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. definition of agricultural enterprises as provided in ACC 18.04.035. The development standards of the RC zone shall apply unless a different standard is set forth in the supplemental development standards in subsection E of this section. C. Permit Required. An administrative use permit is required when 50 percent or more of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year. A conditional use permit is required when less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or if the applicant intends to hold more than 52 special events per calendar year. D. Uses. The following uses may be permitted as part of an agricultural enterprise under a unified management or ownership: 1. Agricultural crops and open field growing; 2. Agricultural store; 3. Barns, silos and related structures; 4. Caretaker quarters, not more than one per agricultural enterprise; 5. Catering facilities; 6. Delicatessens, restaurants or sandwich shops limited to a seating area of 25 seats; 7. Drive-through espresso and/or nonalcoholic beverage stands, freestanding; 8. Education facilities providing courses related to agricultural production and/or processing or promotion of locally and regionally grown food; 9. Farm stands, for the sale of agricultural products raised on the premises in addition to agricultural products that are raised off site; 10. Greenhouses; 11. Keeping of livestock, or fowl and rabbits or similar sized animals; provided, that an appropriate structure or enclosure is provided; 12. Museum and cultural facilities; 13. Outdoor musical entertainment (when it meets all requirements for the business licensing of ACC 5.20.200); 14. Small-scale food processing or packaging of agricultural products; Page 230 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 47 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 15. Special events. Special events include, but are not limited to, the following activities where attendance exceeds 200 persons or more: a. Weddings; b. Meetings; c. Receptions; d. Reunions; e. Tasting events for food or beverage; f. Private parties; g. Concerts held within an enclosed building; h. Retreats; i. Other comparable events; 16. Tasting room; 17. Tourist and visitor services; 18. Winery; and 19. The planning director may authorize uses under this definition other than those which are listed, if the planning director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone. Further guidance on administrative interpretations of land uses can be found in ACC 18.02.120. E. Development Standards. 1. Minimum Area. The minimum area devoted to an agricultural enterprise business shall be a single parcel with a minimum of 10 acres in total site area within the residential conservancy (RC) zone. Environmentally critical areas are not counted toward total site area when determining whether an administrative or conditional use permit is required. 2. Location. The proposed agricultural enterprise business shall have direct access onto a minor arterial or higher classification street. 3. Maximum Building Size. Nonresidential buildings, excluding greenhouses, shall not exceed 5,000 square feet in gross floor area. 4. Lot Coverage. The combination of all buildings, to include greenhouses, on a single site used in conjunction with the agricultural enterprise business shall not exceed 15 percent of the total site area. Page 231 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 48 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 5. Maximum Impervious Area. The maximum impervious area shall not exceed 25 percent. 6. Setbacks. Structures for agricultural enterprises shall be located as follows: a. Front setback: 35 feet. b. Rear setback: 20 feet. c. Interior side setback: 20 feet. d. Street side setback: 35 feet. 7. Height. Maximum building height: 35 feet. Buildings may exceed 35 feet if one additional foot of setback is provided from each property line for each foot the building exceeds 35 feet. 8. Visual Impact. Activities and uses conducted in conjunction with the agricultural enterprise must be located in such a manner that minimizes visual impacts to adjoining properties that are used or zoned for residential uses. In addition: a. A Type III landscape buffer 10 feet in width shall be provided on site in those areas between the buildings and the property line. b. Highly reflective building materials shall not be used on buildings. 9. Responsible Party. All components of the agricultural enterprise shall be operated or maintained by the property owner, lease holder, or occupant of the land upon which the primary associated agriculture, horticulture, or other use is being conducted. 10. Hours of Operation. Agricultural enterprise activities involving the employment of workers; outside activities; the generation of any noise, light, dust, odor, glare, or vibration detectable outside the business structure; or traffic, including deliveries, shall only be conducted on site between the hours of 7:00 a.m. and 10:00 p.m. or as may be specifically approved by a condition of approval of the administrative or conditional use permit. 11. Parking and Outdoor Storage. All parking and outdoor storage areas used exclusively for retail areas within 50 feet from a property line shall be screened from adjoining properties used or zoned for residential uses. If existing topography and natural vegetation does not provide an adequate visual barrier, additional screening may be required, to include installation of landscape materials, walls or fencing. 12. Lighting. No lighting shall be directed onto adjoining properties used or zoned for residential uses and no lighting shall exceed 0.5 foot-candle when measured at the property lines. Floodlights or other high-intensity lighting shall be prohibited, unless specifically approved as part of a special event or outdoor musical entertainment. Page 232 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 49 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 13. Refuse and Recycling. All refuse and recycling waste containers shall be within refuse enclosures located in the rear of the building and be completely screened from public view. All refuse enclosures shall be architecturally compatible with the building they serve. 14. Special Events. Special events or similar activities may be held as follows: a. Up to 52 special events within a calendar year with the administrative use permit. b. Fifty-two or more special events within a calendar year shall require a conditional use permit. c. Parking and Traffic Control. A parking and traffic control plan shall be prepared by a licensed traffic engineer and required for all agricultural enterprises conducting special events (as defined by ACC 18.04.827). The parking and traffic control plan shall be submitted for review as part of the administrative use permit or conditional use permit application and, if satisfactory, must be approved by the planning and development director and city engineer prior to implementation. At a minimum, the parking and traffic control plan shall contain the following: i. A parking plan showing how adequate on – and off-site parking will be available to the site, and that no substantial conflict will exist during the principal hours or periods of peak parking demands for any land use or special event which is proposed to share the parking. ii. A traffic control plan showing how traffic to and from the land use and special events location(s) will be handled and what temporary traffic control measures will be used to facilitate safe access to and from the locations. The traffic control plan must include a written description of the plan as well as a traffic control diagram showing traffic control devices, directions of travel, and the location and type of authorized personnel to direct traffic. iii. A contingency plan for weather changes (relocation or rescheduling of events; alternative parking areas; method of notifying the public of changes) and for unanticipated increases in traffic or parking. iv. Other elements as determined necessary by the planning and development director and the city engineer based on the specific events, setting, and location. 15. Wineries. All wineries with or without tasting rooms shall: a. Have adequate driveway access to a public street meeting the requirements of a commercial driveway. b. Provide adequate on-site parking in the amount of one parking stall for every 500 square feet of gross floor area. c. Shall not exceed 5,000 square feet gross floor area with the tasting room not exceeding 50 percent of the production area. Page 233 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 50 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 16. Signs. Notwithstanding the provisions of ACC 18.56.040(A), the following standards apply to signs for agricultural enterprise uses within the RC, residential conservancy zone. If not specified in this section, the other provisions of Chapter 18.56 ACC, Signs, apply. a. Freestanding Signs. i. Total number permitted: (A) Two per frontage on a parcel having at least 500 feet of frontage on a state highway. (B) One per frontage on a principal or minor arterial. ii. Maximum height: (A) Thirty feet on a state highway. (B) Twenty-two feet on a principal or minor arterial. iii. Maximum area: 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs is 32 square feet for those sites less than 64 feet of frontage. iv. Multiple freestanding signs, if permitted, must be separated by at least 150 feet measured in a straight line distance. b. Wall Signs. i. Total number permitted: one sign per building frontage that fronts a public right-of-way. ii. Maximum area: 100 square feet per building frontage that fronts a public right-of-way, calculated at a rate of one square foot of sign area for every one linear foot of building frontage. iii. Signs may be directly or indirectly illuminated. c. Changing message center signs are allowed as part of an agricultural enterprise if the sign complies with the sign regulations in ACC 18.56.030(F). 17. Additional Permits and Approvals. In addition to required land use permits, an agricultural enterprise may be required to obtain licenses and permits from other city and county departments (e.g., business licenses from the city, food service or sales licenses from the county department of public health, animal care licenses from the county department of public health, etc.). (Ord. 6363 § 2, 2011.) Page 234 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 51 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.31.220 Permitted animals. The types and allowed number of animals permitted are listed as follows, provided the following requirements are met. The specified minimum lot size per animal are absolute requirements. No variances, waivers, and/or modifications under the Auburn City Code shall be granted. The keeping of animals that require no lot size or lesser lot size are allowed to be cumulative, when lot size requirements have been met. For example, on a 12,500-square-foot lot, the keeping of one miniature goat, one potbelly pig, and two dogs could be allowed. Licensing of pets and animal control is governed by ACC Title 6, Animals. A. Small Domestic Animals. Small domestic animals may be kept if the owner complies with the following: 1. Small domestic animals are permitted as an accessory use to a residence or business. 2. Up to four small domestic animals, including foster animals, per dwelling or commercial building regardless of lot size. Offspring less than six months of age are not included in this number. 3. A pet license is required for each cat or dog in accordance with Chapter 6.04 ACC, Animal Licensing. B. Domestic Fowl. Domestic fowl may be kept if the owner complies with the following: 1. Domestic fowl and poultry are permitted as an accessory use to a single-familysingle-unit detached dwelling residence. 2. Roosters and peafowl are not permitted. 3. Structures, or yard areas including chicken coops, pens or runs, housing or containing domestic fowl are only allowed in the rear yard (the area between the rear yard lot line and the extension of the rear facade of the principal structure) and shall be set back from the rear and side yard lot lines by a distance of at least 10 feet. 4. Up to a total of four domestic fowl and poultry can be kept on lots that are at least 6,000 square feet in size. On lots that are larger than 6,000 square feet, one additional domestic fowl or poultry may be kept per additional 2,000 square feet. The maximum number of domestic fowl allowed per lot is 10; this maximum does not apply to properties zoned RC, residential conservancy or R-1, residential one dwelling unit per acre. 5. The keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. C. Miniature Goats. Miniature goats are medium domestic animals and may be kept if the owner complies with the following: 1. Miniature goats are permitted as accessory use to a single-familysingle-unit detached dwelling residence. Page 235 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 52 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 2. Male miniature goats must be neutered. 3. All miniature goats must be dehorned. 4. Nursing offspring of miniature goats may be kept until weaned, but no longer than 12 weeks from birth without meeting the requirements contained herein. 5. The location of structures housing miniature goats must comply with accessory structure setbacks applicable in the zoning district where the property is located. 6. Up to two miniature goats are allowed on lots that are at least 12,500 square feet in size. On lots that are greater than 12,500 square feet, one additional medium size domestic animal may be kept per additional 7,500 square feet. 7. The keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. D. Potbelly Pigs. Miniature potbelly pigs are medium domestic animals and may be kept if the owner complies with the following: 1. Potbelly pigs are permitted as accessory use to a single-familysingle-unit detached dwelling residence. 2. Potbelly pigs are no greater than 24 inches in height at the shoulder and no more than 150 pounds. 3. Nursing offspring of potbelly pigs may be kept until weaned, but no longer than 12 weeks from birth without meeting the requirements contained herein. 4. The location of structures housing potbelly pigs must comply with accessory structure setbacks applicable in the zoning district where the property is located. 5. Two potbelly pigs can be kept on lots that are at least 12,500 square feet in size. On lots that are greater than 12,500 square feet, one additional medium size domestic animal may be kept per additional 7,500 square feet. 6. The keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. E. Large Domestic Animals. Large domestic animals may be kept if the owner complies with the following: 1. Large domestic animals are allowed as an accessory use to a single-unit detached dwelling single- family residence. 2. Two large domestic animals can be kept on lots that are at least one acre in size. 3. On lots that are larger than one acre, one additional large domestic animal may be kept per additional 21,780 square feet. Page 236 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 53 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 4. The location and structures housing large domestic animals and any corral, exercise yard or arena must comply with the setbacks applicable in the zoning district where the property is located. 5. The keeping conforms to ACC 8.28.010 regarding noise disturbance, ACC 8.12.020 regarding nuisances affecting public health and safety, and ACC 6.24.020 regarding slaughtering. F. Apiaries (keeping of honey bees (Apis mellifera)), also referred to as beekeeping, may be permitted if the owner complies with the following: 1. Beekeeping is allowed as an accessory use to a single-unit detached dwellingsingle-family residence. 2. All hives are registered with the State Department of Agriculture. 3. No more than two hives, each with only one swarm, shall be kept on lots of less than 10,000 square feet. 4. Hives shall not be located within 25 feet of any property line with the hive(s) entrance(s) facing away from the nearest property line. 5. The keeping conforms to ACC 8.28.010 regarding noise disturbance and ACC 8.12.020 regarding nuisances affecting public health and safety. G. Amortization of Preexisting, Nonconforming Structures Housing Animals and Runs or Pens. An individual who receives written notice from the city that a structure (coop) or yard area (runs or pens) housing animals regulated by this section, except small domestic animals, does not comply with setback requirements shall have 30 days from the date of notification to bring the property/structure into compliance. If any individual believes that their circumstances pose particular difficulty in meeting the 30-day time frame for compliance with the setback requirements of this section, the individual may request in writing of the community development and public works director (planning director) or designee additional time to bring their activity into conformity. Decisions of the community development and public works director (planning director) or designee to grant or deny the extension shall be final and conclusive. (Ord. 6600 § 11, 2016; Ord. 6369 § 8, 2011.) Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.210. The section has been renumbered to avoid duplication of numbering. 18.31.230 Table of allowed districts. Repealed by Ord. 6600. Code reviser’s note: Ordinance 6369 adds these provisions as Section 18.31.211. The section has been renumbered to match the renumbering of the preceding section. Page 237 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 54 of 54 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Code Publishing Company, A General Code Company Page 238 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 1 of 3 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Chapter 18.321 ACCESSORY DWELLING UNITSUPPLEMENTAL DEVELOPMENT STANDARDS A. Accessory dwelling units Accessory Dwelling Units (ADUs) are permitted outright in all residential zones that permit single-unit detached or single-family homes, andmiddle housing, and may be developed with new or existing single-family homesmiddle housingdevelopment. The development standards of the underlying zone and the following siting and performance standards shall apply to all accessory dwelling units as defined by ACC 18.04.018. A. The home or accessory dwelling unit must be the principal place of residence for the homeowner. BAB. Only oneTwo accessory dwelling unitADUs may be permitted per single-family residence residential unit on individually owned lots on lots that meet the minimum lot size of the zone in which the property is located. BC. The two ADUs may be attached, detached, or any combination thereof. CD. An accessory dwelling unitADU shall not be larger than 50 percent of the square footage of the single- family home with garage space not being included in the calculation. In no case shall the accessory dwelling unit be more than 9501,000 square feet, nor less than 300 square feet, nor have more than two bedrooms. Garage space shall not be included in this calculation. DE. Exterior Appearance/Modifications. 1. Any alterations shall not change the appearance from that of a single-family residenceunit detached, as determined by the planning director. 2. Only one exterior entrance is allowed to the accessory dwelling unitADU and it can be located no closer than 10 feet to an adjoining property line. 32. Any exterior stairs shall be placed in the rear or side setback and no closer than 10 feet to an adjoining property line. 34. Where garage space is converted to living space, the garage door shall be replaced with materials that match the exterior of the house. If a detached garage is converted, its appearance must still be that of a detached garage and the detached garage must be able to be used for parking of at least one vehicle. EF. Parking Requirements. 1. The parking required for the existing single-family home must meet all requirements of the zoning code including amount, size and setback requirements in order for an accessory dwelling unit to be Page 239 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 2 of 3 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. allowed.Additional on siteOff-street parking is not required for ADUs that are located within one-half mile walking distance of a Major Transit Stop. 2. For ADUs located more than one-half mile walking distance from a Major Transit Stop , and sited upon lots that are less than or equal to 6,000 square feet, one on-site parking space is required per ADU. 32. One additional parking space, beyond those required for the single-family home, is required for an accessory dwelling unit. The additional parking space must also meet all requirements of the zoning code. 3. Newly created parking shall make use of existing curb cuts, when possible. FG. An accessory dwelling unitADU may not be sold as a separate piece of property, or as a condominium unit, unless allowed by the existing zoning on the property or as a separate piece of property through the unit lot subdivision process. If the ADU is converted into a condominium unit or subdivided, a separate water and sewer connection is required. GH. ADUs must be connected to municipal sewer or served by septic system. I. An ADU is allowed in rear setbacks (on the rear lot line) if the lot line abuts a public alley, unless the city routinely plow snow within the alley. J. Conversion of legally established structures, that do not conform to current zoning and/or land use standards to an ADU, shall not be required to come into conformance. GK. Any home property owner seeking to establish an accessory dwelling unitADU shall apply for approval in accordance with the following procedures: 1. The homeowner shall apply for an accessory dwelling unitADU permit with the city. A complete application shall include a properly completed application form, floor and structural plans, and fees. 2. Before issuance of the certificate of occupancyfinal for of an accessory dwelling unitADU, the homeowner must provide a copy of a statement recorded with the county in which the subject property is located. The statement must read: An application for a permit for an accessory dwelling unit has been submitted to the city of Auburn by the owner of this property. Future owners are advised that the owner of the property must comply with all requirements of the Auburn Zoning Code, as amended, if the accessory dwelling unit is to be occupied or rented. LH. If an accessory dwelling unitADU is to be removed, appropriate permits and inspections must first be received from the city. If a homeowner wants to remove the statement as required by subsection (KG)(2) of this section from the property’s title, then the city shall issue an appropriate release upon evidence that the accessory dwelling unitADU has been removed. The release shall be recorded by the homeowner with the Page 240 of 1253 Chapter 18.31 ACC, Supplemental Development Standards Page 3 of 3 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. county records and elections office and a copy of the recorded release shall be provided to the city. (Ord. 6419 § 4, 2012; Ord. 6245 § 15, 2009.) Page 241 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 1 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.35 SPECIAL PURPOSE ZONES Sections: 18.35.010 Purpose. 18.35.020 Intent of special purpose zones. 18.35.030 Uses. 18.35.040 Development standards. 18.35.050 Additional development standards for both the RO and RO-H zones. 18.35.010 Purpose. This chapter lists the land uses that may be allowed within the residential office, residential office-hospital, institutional, and public use zones established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval required for each use, and provides basic standards for site layout and building size. (Ord. 6894 § 1 (Exh. B), 2022; Ord. 6434 § 1, 2012.) 18.35.020 Intent of special purpose zones. A. General. This section describes the intent for each of the city’s special purpose zones. These intent statements may be used to guide the interpretation of the regulations associated with each zone. B. RO and RO-H Residential Office and Residential Office-Hospital Zone. The RO and RO-H are intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, and banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards encouraging adaptive reuse of existing single-family structures that continue to appear in accord with the single- family residential character. The RO-H designation is to be used exclusively for the hospital Page 242 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 2 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. area, located in the vicinity of 2nd Street NE and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with the medical community. C. P-1 Public Use Zone. The P-1 Public Use Zone is intended to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. A broader list of public and quasi-public uses may be allowed to develop. The P-1 zone is intended to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. D. I Institutional Zone. The I Institutional zone is intended to provide an area wherein educational and theological uses in a campus-like setting are permitted, which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in the P-1 Public Use Zone. The I zone is intended to provide an area wherein educational, governmental, theological, recreational, cultural and a broader list of public and quasi-public uses may be allowed to develop. It is further intended these areas feature a larger campus-like setting that includes a combination of uses and activities which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones. E. OS Open Space Zone. The OS Open Space zone is intended to provide for land uses that tend to be managed in a largely undeveloped character, including passive parks, watersheds, natural and urban conservancy shoreline areas, significant wildlife habitats, large storm water detention ponds or floodplain ponds, utility corridors with public access, and areas with significant development restrictions. Park lands included in the open space zone tend to be predominately passive in character and with relatively fewer developed facilities than parks included in the institutional zone provided that accessory uses such as supportive parking, boardwalks, kiosks, interpretive centers, trails, restrooms, and public access points are allowed. Private sites containing critical areas or shorelines may be included. The OS zone is intended to provide for land uses that tend to be managed in a largely undeveloped character, including passive parks, watersheds, natural and urban conservancy shoreline areas, significant wildlife habitats, large storm water detention ponds or floodplain Page 243 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 3 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. ponds, utility corridors with public access, and areas with significant development restrictions. Park lands included in the open space zone tend to be predominately passive in character and with relatively fewer developed facilities than parks included in the institutional zone. Private sites containing critical areas or shorelines may be included. (Ord. 6894 § 1 (Exh. B), 2022; Ord. 6677 § 2, 2018; Ord. 6434 § 1, 2012.) 18.35.030 Uses. A. General Permit Requirements. Table 18.35.030 identifies the uses of land allowed in each special purpose zone and the planning permit required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.35.030 (“Standards for Specific Land Uses”) includes a section number, the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. Table 18.35.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS MARIJUANA RELATED BUSINESSES Marijuana processor X X X X X Marijuana producer X X X X X Marijuana researcher X X X X X Page 244 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 4 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Marijuana retailer X X X X X Marijuana transporter business X X X X X PUBLIC Animal shelter, public X X P X X Government facilities; this excludes offices and related uses that are permitted outright A A P P C Municipal parks and playgrounds P P P P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY Campgrounds X X X P P Recreational vehicle parks, private X X X P X Cemetery, public X X P A X Cemetery, private X X X A X Page 245 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 5 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS College, university, public X X A A X Commercial recreation facility – Indoor X X X P X Commercial recreation facility – Outdoor X X X A C ACC 18.57.025(A) Conference/convention facility X X X A X Library, museum X X P P A Meeting facility, public or private A A P P A Private school – specialized education/training (for profit) P P X P X Public schools (K-12) and related facilities X X P X X Religious institutions, lot size less than one acre A P X P X Page 246 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 6 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Religious institutions, lot size more than one acre C A X P X Studio – Art, dance, martial arts, music, etc. P X X X X RESIDENTIAL Middle housing subject to the provisions in Chapter 18.25 (2 to 6 units)Duplex, P1 X X A1 X Home occupation P P X P P Chapter 18.60 ACC Live/work, work/live unit A P X A X Marijuana cooperative X X X X X Apartments (7 or more units)Multiple-family dwellings, stand-alone P2 A3 X A2 X One detached single- unitfamily detached dwelling P X X X P45 Page 247 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 7 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Nursing home, assisted living facility A A X P X Senior housing A A X A X RETAIL Restaurant, cafe, coffee shop, excluding drive- through facilities A A P A X SERVICES Banking and related financial institutions, excluding drive- through facilities34 P P X X X Daycare, including mini daycare, daycare center, preschools or nursery schools A P X P A Home-based daycare P P X P P Medical services – Clinic or urgent care34 P P X X X Page 248 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 8 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Mortuary, funeral home, crematorium X P X X X Professional offices P P X A A Personal service shops P P X X X Pharmacies X P X X X TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Utility facilities, substations, utility transmission or distribution line X X X X A See ACC 18.02.040(E) Wireless communications facility (WCF) (See ACC 18.04.912(W)) * * * * * *See ACC 18.31.100 for use regulations and zoning development standards. Eligible facilities request (EFR) (Wireless communications facility) (See ACC 18.04.912(H)) P P P P P Page 249 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 9 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designations Standards for Specific Land Uses RO RO-H P-1 I OS Small wireless facilities (ACC 18.04.912(Q)) P P P P P Emergency wireless communications facility (EWCF) X X X P X See ACC 18.04.912 and 18.31.100 OTHER USES THAT ARE NOT LISTED Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted P P P P P Notes: 1 Minimum lot area not applicable; Duplexes must meet other development standards of the I zone. , 3,600 square feet of lot area per dwelling unit is required. 2 Minimum lot area not applicable; Apartments must meet other development standards of the I zone. 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. Page 250 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 10 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 43 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. 54 One single-unit family detached dwelling unit per existing legal lot. No residential subdivisions permitted in the open space zone. (Ord. 6894 § 1 (Exh. B), 2022; Ord. 6799 § 9 (Exh. I), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6677 § 3, 2018; Ord. 6642 § 11, 2017; Ord. 6434 § 1, 2012.) 18.35.040 Development standards. Hereafter, no use shall be conducted and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the requirements in Table 18.35.040 (RO, RO-H, P-1, I, OS Zone Development Standards) and in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. These standards may be modified through either an administrative variance or variance, subject to the procedures of Chapter 18.70 ACC. Table 18.35.040. RO, RO-H, P-1, I, OS Zone Development Standards Development FeatureStandards Requirement by Zones RO Residential Office RO-H Residential Office-Hospital P-1 Public Use I Institutional OS Open Space Minimum lot area 7,200 sf None None 6,000 sf None Minimum lot width, depth 50 ft, 80 ft None None 60 ft, 80 ft None Maximum lot coverage 55 percent1 None None 35 percent 5 percent Maximum impervious area NA NA NA NA 20 percent47 Page 251 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 11 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Development FeatureStandards Requirement by Zones RO Residential Office RO-H Residential Office-Hospital P-1 Public Use I Institutional OS Open Space Setbacks Minimum setbacks required for primary structures. See ACC 18.31.070 for exceptions to these requirements. Front 20 ft2 10 ft 20 ft 20 ft 20 ft Side – Interior 5 ft None 5 ft41 5 ft 5 ft Side – Corner 10 ft 10 ft 10 ft 10 ft 10 ft Rear 25 ft3 None 25 ft 25 ft 25 ft Accessory structure(s) See note 5 below NA NA See note 25 below Height limit Maximum allowable height of structures. See ACC 18.31.030 (Height limitations – Exceptions) for height limit exceptions. Maximum height 35 ft 65 ft 45 ft 45 ft36 35 ft Fences and hedges See Chapter 18.31 ACC Landscaping See Chapter 18.50 ACC Parking See Chapter 18.52 ACC Signs See Chapter 18.56 ACC Lighting See Chapter 18.55 ACC Nonconforming structures, land and uses See Chapter 18.54 ACC Page 252 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 12 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Notes: 1 New single-family residential or conversions of single-family residences to commercial uses with additions greater than a total or cumulative area of 200 square feet on the property since the adoption of Ordinance No. 6231, then the maximum lot coverage is 35 percent. 2 New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the front yard setback is 10 feet. 3 New single-family residential or conversions of single-family residences to commercial uses with additions of 200 square feet or less, then the rear yard setback is 15 feet. 41 A 25-foot setback is required when adjacent to a residential zone. 25 Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five feet; provided, that any structure with a vehicle entrance from a street (public or private) or public alley shall be set back a minimum of 20 feet. 36 Maximum building height for residential dwellings: 350 feet. Accessory buildings to residential dwellings: 2416 feet. 74 Maximum impervious area includes all hard surfaces per ACC 13.48.010(L). (Ord. 6894 § 1 (Exh. B), 2022; Ord. 6677 § 4, 2018; Ord. 6434 § 1, 2012.) 18.35.050 Additional development standards for both the RO and RO- H zones. A. All uses shall be conducted entirely within an enclosed structure, except noncommercial municipal automobile parking facilities in the RO-H zone. B. There shall be no outside storage of materials allowed. C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties. D. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). Page 253 of 1253 Chapter 18.35 ACC, Special Purpose Zones Page 13 of 13 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. E. Any new construction, including additions and alterations, within the RO district shall utilize similar bulk, scale, and architectural and landscape elements of the existing site structure or those of the neighborhood in which the property is located. A site plan and building elevation plans shall be prepared by the applicant which address compliance with the requirements as outlined in this subsection. The plans shall be approved by the planning director or designee prior to the issuance of any building permits. The planning director and the public works director or designees may deviate from the development standards under ACC 18.35.040 up to 10 percent, for example, reduce rear yard setback by one and one-half feet, to address unusual circumstances for conversions of single- family residential uses to nonresidential uses. (Ord. 6894 § 1 (Exh. B), 2022; Ord. 6434 § 1, 2012.) The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 254 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 1 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.49 FLEXIBLE DEVELOPMENT ALTERNATIVES - REPEALED Sections: 18.49.010 Intent. 18.49.020 Applicability – Residential development. 18.49.030 Applicability – Mixed-use development. 18.49.040 Applicability – Commercial/industrial developments. 18.49.050 Flexible development standards for residential development. 18.49.060 Flexible development standards for mixed-use development. 18.49.070 Flexible development standards for commercial/industrial. 18.49.080 Procedures. 18.49.090 Appeals. 18.49.010 Intent. The city of Auburn flexible development alternatives process is intended to allow greater flexibility and creativity to develop a site through the development review process via alternative development standards in exchange for public benefit to the citizens of Auburn that helps the city accomplish goals and policies outlined within its comprehensive plan. In exchange for the enhanced flexibility offered by these alternative standards, the city requires that the proposed development result in a significantly higher quality of design, generate more of a public benefit, and be more environmentally sensitive than would have been the case with the use of standard zoning or subdivision procedures. This chapter describes standards and requirements to be used by the city of Auburn to determine whether a development proposal meets the city’s minimum requirements to be eligible for review under the flexible development alternatives approval process. (Ord. 6245 § 19, 2009.) Page 255 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 2 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.49.020 Applicability – Residential development. A. Minimum Requirements for Residential Development. In order to qualify for consideration under the residential development provisions of this chapter, a development proposal must meet all of the following requirements. Flexible development alternatives for residential development is a two-tiered process including minimum requirements (all of which must be met) and flexible criteria, which must score a minimum of 100 points in at least three categories, with not more than 40 points in any one category counting toward the 100-point minimum. 1. Site Requirements. Flexible development alternatives for residential development is a two-tiered process including minimum requirements (all of which must be met) and flexible criteria, which must score a minimum of 100 points in at least three categories. a. Location. The site of the proposed project must be located entirely within one or more of the following zoning districts: R-1, R-5, R-7, R-10, R-16, R-20. b. Minimum Property Size. The land on which the proposed development will be sited is a minimum of eight acres for the R-1 through R-7 zones; and a minimum of two acres for the R-10 through R-20 zones. c. Lot Configuration. The tract(s) of land for which the project is proposed shall be a common site with sufficient width and depth to accommodate the proposed use. d. Ownership/Control. All land included for the purpose of the development shall be owned by or be under the complete control of the applicant for such proposal, whether the applicant be an individual, partnership, corporation, group, or agency. 2. Project Requirements. a. Development Type. The development proposal must constitute a residential development. For purposes of this chapter, a residential development may consist of single-family dwellings, multiple-family dwellings, or a combination thereof. b. Consistency with Intent of Flexible Development Alternative Regulations. Applicant must demonstrate that the proposed development is consistent with the intent of the flexible development alternatives regulations as provided in ACC 18.49.010. Page 256 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 3 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. c. Consistency with Auburn City Code. The proposed development shall be consistent with all other requirements of the Auburn City Code. d. Consistency with Comprehensive Plan. Applicant must demonstrate that the proposed development is consistent with the goals, objectives, and policies of the City of Auburn Comprehensive Plan. e. Arrangement of Uses. Where nonresidential uses are proposed as a component of the overall residential development, nonresidential uses may not occupy more than 20 percent of the overall site. B. Eligibility – Flexible Development Alternatives Scoring Matrix for Residential Development. Subsection C of this section shall be used to determine eligibility of a proposal for review under the city’s flexible development alternatives approval process. To meet the requirements, a project must: (1) score at least 100 points total by providing any combination of features or amenities found in subsection C of this section; and (2) score points in any three or more of Categories 1 through 8 listed in the table, with not more than 40 points in any one category counting toward the 100-point minimum. C. Eligibility – Residential Flexible Development Matrix. Development proposals will only be awarded points for improvements or project features that exceed the requirements of the other chapters of this title, the other titles of the city code, and the city design and construction standards. Feature/Benefit Points Possible Category 1 – Sustainability a. Project design incorporates the use of one or more of the following low impact development (LID) techniques consistent with the city design and construction standards: bioretention, soil amendment, permeable paving, vegetated roofs, minimal excavation foundations, rooftop rainwater collection. 5 points per technique up to a maximum of 25 points b. All residential units in the proposal meet the design requirements for one or more of the following LEED: 15 points for certification, add the following points for applicable design level: 5 points for Page 257 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 4 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible certifications: • Leadership in Energy and Efficient Design (LEED) Homes • LEED Neighborhood • Built Green single-family homes • Built Green multifamily • Built Green community. Silver, 10 points for Gold, 15 points for Platinum Built Green single-family and multifamily: 5 points for 3-star design level, 10 points for 4-star design level, 15 points for 5-star design level Built Green community: 10 points for 2-star design level, 15 points for 3-star design c. Project buildings and structures are constructed with at least 10% post-consumer content/recycled materials. 5 points, plus 1 point for each two percentage points in excess of 10%; up to a maximum of 10 points d. Project implements a construction recycling program approved by the city of Auburn building division for construction, demolition and deconstruction projects that achieves a 90 percent landfill diversion rate. 5 points e. Project design incorporates one or more water conservation and management features (i.e., low-flow toilets, Energy Star-rated dishwashers and clothes-washing machines, drip irrigation system, etc.). 5 points, plus one point for each type of water conservation/management feature f. Project design incorporates one or more energy conservation/efficiency features (i.e., orienting buildings for passive cooling and optimal use of natural lighting, high efficiency lighting with occupancy sensors for common areas, Energy Star-rated appliances, use of solar panels, etc.). 5 points, plus one point for each type of energy conservation/efficiency feature g. Applicant has provided an assessment of project’s carbon footprint prepared by a qualified consultant defined as an individual or firm with specialized knowledge or expertise in the assessment of greenhouse 10 points Page 258 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 5 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible gas and carbon impacts of development. Category 2 – Urban Design a. Project incorporates public art features that reflect the community’s values, history, economy or people in accordance with the city of Auburn comprehensive plan. 5 points b. Project facilitates access by bicyclists in accordance with the city of Auburn comprehensive plan, and project does not contain barriers such as fences or walls that unnecessarily limit or block bicyclist access. 5 points c. Project involves the voluntary undergrounding of existing above ground utilities in accordance with the city of Auburn comprehensive plan, where such undergrounding would not otherwise be required. 5 points + 1 point for every 25 feet of frontage up to a maximum of 10 points d. Project incorporates beautification of a designated primary travel corridor (pursuant to the adopted city transportation plan, and subject to the approval of the city engineer) in accordance with the city of Auburn comprehensive plan. 10 points e. Project incorporates pedestrian- or transit-friendly design features such as rear or side setback area parking, wider sidewalks, street furniture, and building awnings in accordance with the city of Auburn comprehensive plan. 5 points + 1 point per non-repeated design feature up to a maximum of 15 points Category 3 – Community Cohesion and Neighborhood Safety a. Project incorporates crime prevention through environmental design principles. 5 points, plus 1 point for each CPTED technique incorporated in design Page 259 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 6 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible b. Project design incorporates features or design elements to minimize interfaces between pedestrians and vehicular traffic (i.e., elevated walkway, de-linking walkways and streets, etc.). 5 points c. Project design provides for well defined neighborhood gateways and community/common open spaces. 5 points d. Project provides secure and observable play spaces for children. 5 points e. Project provides for outdoor seating/gathering areas for passive social activities (i.e., reading, conversing, or playing chess, etc.). 3 points Category 4 – Housing a. Senior Housing – Project creates or rehabilitates a minimum of 10 percent or 2 units (whichever is greater) of proposed housing meeting the definition of “senior housing” as provided in Chapter 18.04 ACC. 2 points per senior housing unit up to a maximum of 15 points b. Special Needs Housing – Project creates or rehabilitates a minimum of 10 percent or 2 units (whichever is greater) of proposed housing meeting the definition of “special needs housing” as provided in Chapter 18.04 ACC. 2 points per senior housing unit up to a maximum of 15 points c. Rehabilitation – Project rehabilitates one or more existing housing units. Rehabilitation must meet the definition of “housing rehabilitation” as defined in Chapter 18.04 ACC. 2 points per rehabilitated housing unit, to a maximum of 50 pts d. Housing Variety – Project creates or rehabilitates units representing 2 or more housing types as allowed in ACC 2 points per max of housing type up to a Page 260 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 7 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible 18.07.020 in the zone in which the development is proposed. maximum of 10 points Category 5 – Open Space and Recreation a. Projects incorporating residential units provide for individual unit private open space area through the provision of a balcony, covered porch or similar architectural feature. 3 points b. Projects incorporating residential units provide for common open space area that equates to 250 square feet of common open space per unit or 10 percent of the total gross site area, whichever is greater. 5 points c. The director, in consultation with the city parks department, determines that the project creates a neighborhood park, trail, or other public recreational amenity as listed in Chapter 18.04 ACC not otherwise required by city development regulations that furthers the goals and objectives of an adopted city parks, recreation, and/or open space plan. 2 points for each 0.25-acre of area or 200 linear feet of trail up to a maximum of 15 points d. Project provides one or more common gardening spaces or community “pea patch” areas for residents of the development or surrounding neighborhood. 5 points, plus 1 point for each 250 square feet of gardening space. Category 6 – Natural Resources Protection a. Project retains and provides a superior level of protection and/or enhancement for sensitive natural features on site, including: wetlands, surface waters, geological hazardous areas, sensitive plant and animal species, etc. For purposes of this category, superior level 15 points Page 261 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 8 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible of protection and/or enhancement includes incorporation of additional protections and/or restoration projects that enhance protection of or restore critical functions and values of the natural feature. b. The project design demonstrates a superior level of protection and/or enhancement for elements of the environment, including: air quality, water quality, natural topography, native vegetation, etc. For purposes of this category, superior level of protection and/or enhancement includes incorporation of additional protections and/or restoration projects that enhance protection of or restore critical functions and values of the environmental element. 15 points c. The project design demonstrates a superior level of mitigation for impacts associated with the proposed development (or abatement of existing environmental conditions in the neighborhood) such as noise, light and glare, odors, vibration, etc. For purposes of this section, “superior level of mitigation” shall mean mitigation that alleviates existing condition issues in addition to mitigating for project impacts. 15 points Category 7 – Cultural/Historic a. Project preserves a site, structure or feature of cultural or historic significance. For purposes of this section, a site, structure or feature of cultural or historic significance is one that is listed on the federal, state, or local register of historic or cultural properties. 25 points b. Project restores or enhances a site, structure or feature of cultural or historic significance as defined under subsection (7)(a) of this table. 40 points Page 262 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 9 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible c. Project is located in any district designated in accordance with the city of Auburn historic preservation code, Chapter 15.76 ACC, or any other district designated by city of Auburn ordinance or resolution intended to preserve, protect, enhance, and/or perpetuate those sites, buildings, districts, structures or objects which possess notable features or reflect significant elements of Auburn’s, the county’s, state’s and nation’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic, or other heritage. Applicant must demonstrate that project design advances the stated intent of the district designation. 15 points Category 8 – Transportation and Mobility a. Project demonstrates coordination with local and regional transit agencies and includes new transit facilities or features. 15 points b. Project design includes nonmotorized transportation features and amenities not otherwise required by the city code. For purposes of this requirement, nonmotorized transportation features include but are not limited to pedestrian walkways, multi-use paths, bicycle racks/lockable storage, connections with other local/regional trails, walkways, paths. 5 points for each feature, up to a maximum of 25 c. Project improves the public street(s) adjacent to the project site using a complete streets design to provide accommodation for pedestrians, bicyclists, transit riders, and persons of all abilities, where such improvements are not otherwise required by city development regulations. 25 points d. Project design includes one or more transportation demand management features including but not limited to 5 points for each feature, up to a maximum of 15 Page 263 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 10 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible preferential parking for high-occupancy vehicles, improved access for transit vehicles. e. Project provides for one or more transportation alternatives which include but are not limited to car share, bike share or other method of providing alternatives to individual automobile ownership. 5 points for each alternative, up to a maximum of 15 Design Innovation Bonus a. Project demonstrates a high degree of innovation by providing one or more design features not listed elsewhere in this rating instrument or otherwise required by city development regulations that promote(s) sustainability, energy/water conservation or efficiency, community cohesion, neighborhood safety, adaptive reuse of existing development, or enhanced transportation circulation/mobility. 10 points (Ord. 6245 § 19, 2009.) 18.49.030 Applicability – Mixed-use development. Flexible development alternatives for mixed-use development is a two-tiered process including minimum requirements (all of which must be met) and flexible criteria, which must score a minimum of 100 points in at least three categories, with not more than 40 points in any one category counting toward the 100-point minimum. A. Minimum Requirements for Mixed-Use Development. In order to qualify for consideration under the mixed-use development provisions of this chapter, a development proposal must meet all of the following requirements: Page 264 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 11 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 1. Site Requirements. a. Location. The site of the proposed project must be located entirely within one or more of the following zoning districts: R-10, R-16, R-20, C, C1, C2, C3, CN, RO, RO-H, M1. b. Lot Configuration. The tract(s) of land for which the project is proposed shall be a common site with sufficient width and depth to accommodate the proposed use. c. Ownership/Control. All land included for the purpose of the development shall be owned by or be under the complete control of the applicant for such proposal, whether the applicant be an individual, partnership, corporation, group, or agency. d. Proximity to a Multimodal Transportation Corridor. The site of the proposed development shall be located a maximum of one quarter mile from a multimodal transportation corridor within the city of Auburn. The proposed development shall provide vehicular, transit, bicycle or pedestrian access to the corridor. e. Proximity to Public Street System. The site of the proposed development shall abut one or more public streets having a current functional street classification of principal arterial, minor arterial, residential collector, or nonresidential collector as designated by the Auburn comprehensive transportation plan. 2. Project Requirements. a. Development Type. The development proposal must constitute a mixed-use development. For purposes of this chapter, a mixed-use development is a single unified development that incorporates the planned integration of two or more different land uses consisting of some combination of office, light industrial (if allowed in underlying zone), hotel, retail, public entertainment and public uses, and/or housing. Mixed-use projects may be vertically oriented in one or more buildings, or geographically distributed on a development site. b. Consistency with Intent of Flexible Development Alternative Regulations. Applicant must demonstrate that the proposed development is consistent with the intent of the flexible development alternatives regulations as provided in ACC 18.49.010. c. Consistency with Auburn City Code. The proposed development shall be consistent with all other requirements of the Auburn City Code. Page 265 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 12 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. d. Consistency with Comprehensive Plan. Applicant must demonstrate that the proposed development is consistent with the goals, objectives, and policies of the city of Auburn comprehensive plan. e. Arrangement of Uses. No residential use may occupy more than 25 percent of the first floor of a building with two or more uses. B. Eligibility – Flexible Development Alternatives Scoring Matrix for Mixed-Use Development. Subsection C of this section shall be used to determine eligibility of a proposal for review under the city’s flexible development alternatives approval process. To meet the requirements, a project must: (1) score at least 100 points total by providing any combination of features or amenities found in subsection C of this section; and (2) score points in any three or more of Categories 1 through 9 listed in the table. For each development proposal requesting evaluation through the flexible development alternatives process, the planning director shall determine: (1) whether the proposal meets the criteria for each feature in the flexible development matrix in subsection C of this section; and (2) the number of points awarded for each qualifying feature consistent with the matrix. Development proposals will only be awarded points for improvements or project features that exceed the requirements of the other chapters of this title, the other titles of the city code, and the city design and construction standards. C. Eligibility – Mixed-Use Flexible Development Matrix. Feature/Benefit Points Possible Category 1 – Sustainability a. Project design incorporates the use of one or more of the following low impact development (LID) techniques consistent with the city design and construction standards: bioretention, soil amendment, permeable paving, vegetated roofs, minimal excavation foundations, rooftop rainwater collection. 5 points per technique up to a maximum of 25 points b. Residential portion of project (all residential units) meets the design requirements for one or more of the LEED: 15 points for certification, add the following points for applicable design level: 5 points for Page 266 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 13 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible following LEED or Built Green certifications: • Leadership in Energy and Efficient Design (LEED) Homes • LEED Neighborhood • Built Green single-family homes • Built Green multifamily • Built Green community. Silver, 10 points for Gold, 15 points for Platinum Built Green single-family and multifamily: 5 points for 3-star design level, 10 points for 4-star design level, 15 points for 5-star design level Built Green community: 10 points for 2-star design level, 15 points for 3-star design c. Nonresidential portion of project (all nonresidential buildings, structures, or spaces) meets the design requirements for one or more of the following LEED certifications: • LEED Core and Shell • LEED New Construction • LEED Commercial Interiors • LEED Retail 15 points for certification, add the following points for applicable design level: 5 points for silver, 10 points for gold, 15 points for platinum d. Project buildings and structures are constructed with at least 10 percent post-consumer content/recycled materials. 5 points, plus 1 point for each two percentage points in excess of 10 percent; up to a maximum of 10 points e. Project implements a construction recycling program approved by the city of Auburn building division for construction, demolition and deconstruction projects that achieves a 90 percent landfill diversion rate. 5 points f. Project design incorporates one or more water conservation and management features not otherwise required by other city development regulations or standards (i.e., low-flow toilets, Energy Star-rated 5 points, plus one point for each type of water conservation/management feature Page 267 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 14 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible dishwashers and clothes-washing machines, drip irrigation system, etc.). g. Project design incorporates one or more energy conservation/efficiency features (i.e., orienting buildings for passive cooling and optimal use of natural lighting, high efficiency lighting with occupancy sensors for common areas, Energy Star-rated appliances, use of solar panels, etc.). 5 points, plus one point for each type of energy conservation/efficiency feature h. Applicant has provided an assessment of project’s carbon footprint prepared by a qualified consultant, defined as an individual or firm with specialized knowledge or expertise in the assessment of greenhouse gas and carbon impacts of development. 10 points Category 2 – Urban Design a. Project incorporates public art features that reflect the community’s values, history, economy or people in accordance with the city of Auburn comprehensive plan. 5 points b. Project facilitates access by bicyclists in accordance with the city of Auburn comprehensive plan, and project does not contain barriers such as fences or walls that unnecessarily limit or block bicyclist access. 5 points c. Project involves the voluntary undergrounding of existing above-ground private utility distribution, service, and telecommunication lines not otherwise required by the city. 5 points + 1 point for every 25 feet of frontage up to a maximum of 10 points d. Project incorporates landscaping; design features such as decorative, textured, or pigmented concrete; historical 10 points Page 268 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 15 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible signage; or other features not otherwise required by other city codes that enhance the visual appearance of the streets adjacent to the project (pursuant to the adopted city transportation plan) in accordance with the city of Auburn comprehensive plan. Any such features that would be located in the public right-of-way would be subject to the approval of the city engineer. e. Project incorporates transit-friendly design features such as rear or side setback area parking, wider sidewalks, street furniture, and building awnings in accordance with the city of Auburn comprehensive plan. 5 points + 1 point per non-repeated design feature up to a maximum of 15 points Category 3 – Community Cohesion and Neighborhood Safety a. Project incorporates crime prevention through environmental design principles. 5 points, plus 1 point for each CPTED technique incorporated in design b. Project design incorporates features or design elements to minimize interfaces between pedestrians and vehicular traffic (i.e., elevated walkway, de-linking walkways and streets, etc.). 5 points c. Planning director finds that project design provides for well defined neighborhood gateways and community/common open spaces. 5 points d. Project provides secure and observable play spaces for children. 5 points e. Project provides for outdoor seating/gathering areas for passive social activities (i.e., reading, conversing, or playing chess, etc.). 3 points Page 269 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 16 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible Category 4 – Housing a. Senior Housing – Project creates or rehabilitates a minimum of 10 percent or 2 units (whichever is greater) of proposed housing meeting the definition of “senior housing” as provided in Chapter 18.04 ACC. 2 points per senior housing unit up to a maximum of 15 points b. Special Needs Housing – Project creates or rehabilitates a minimum of 10 percent or 2 units (whichever is greater) of proposed housing meeting the definition of “special needs housing” as provided in Chapter 18.04 ACC. 2 points per senior housing unit up to a maximum of 15 points c. Rehabilitation – Project rehabilitates one or more existing housing units. Rehabilitation must meet the definition of “housing rehabilitation” as defined in Chapter 18.04 ACC. 2 points per rehabilitated housing unit, to a maximum of 50 pts d. Housing Variety – Project creates or rehabilitates units representing 2 or more housing types as allowed in ACC 18.07.020 in the zone in which the development is proposed. 2 points per max of housing type up to a maximum of 10 points Category 5 – Open Space and Recreation a. Projects incorporating residential units provide for individual unit private open space area through the provision of a balcony, covered porch or similar architectural feature. 3 points b. Projects incorporating residential units provide for common open space area adjacent to the mixed-use building(s) that equates to 250 square feet of common open space per unit or 10 percent of the total gross site area, whichever is greater. 5 points Page 270 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 17 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible c. The director, in consultation with the city parks department, determines that the project creates a neighborhood park, trail, or other public recreational amenity as listed in Chapter 18.04 ACC, not otherwise required by city development regulations, that furthers the goals and objectives of an adopted city parks, recreation, and/or open space plan. 2 points for each 0.25-acre of area or 200 linear feet of trail up to a maximum of 15 points d. Project provides one or more common gardening spaces or community “pea patch” areas for residents of the development or surrounding neighborhood. 5 points, plus 1 point for each 250 square feet of gardening space. Category 6 – Natural Resources Protection a. Project retains and provides a superior level of protection and/or enhancement for sensitive natural features on site, including: wetlands, surface waters, geological hazardous areas, sensitive plant and animal species, etc. For purposes of this category, superior level of protection and/or enhancement includes incorporation of additional protections and/or restoration projects that enhance protection of or restore critical functions and values of the natural feature. 15 points b. The project design demonstrates a superior level of protection and/or enhancement for elements of the environment, including: air quality, water quality, natural topography, native vegetation, etc. For purposes of this category, superior level of protection and/or enhancement includes incorporation of additional protections and/or restoration projects that enhance protection of or restore critical functions and values of the natural feature. 15 points c. The project design demonstrates a superior level of mitigation for impacts associated with the proposed 15 points Page 271 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 18 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible development (or abatement of existing environmental conditions in the neighborhood) such as noise, light and glare, odors, vibration, etc. For purposes of this section, “superior level of mitigation” shall mean mitigation that alleviates existing condition issues in addition to mitigating for project impacts. Category 7 – Cultural/Historic a. Project preserves a site, structure or feature of cultural or historic significance. For purposes of this section, a site, structure or feature of cultural or historic significance is one that is listed on the federal, state, or local register of historic or cultural properties. 25 points b. Project restores or enhances a site, structure or feature of cultural or historic significance as defined under subsection (7)(a) of this table. 40 points c. Project is located in any district designated in accordance with the city of Auburn historic preservation code, Chapter 15.76 ACC, or any other district designated by city of Auburn ordinance or resolution intended to preserve, protect, enhance, and/or perpetuate those sites, buildings, districts, structures or objects which possess notable features or reflect significant elements of Auburn’s, the county’s, state’s and nation’s cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic, or other heritage. Applicant must demonstrate that project design advances the stated intent of the district designation. 15 points Category 8 – Transportation and Mobility Page 272 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 19 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible a. Project demonstrates coordination with local and regional transit agencies and includes new transit facilities or features. 15 points b. Project design includes nonmotorized transportation features and amenities not otherwise required by the city code. For purposes of this requirement, nonmotorized transportation features include but are not limited to pedestrian walkways, multi-use paths, bicycle racks/lockable storage, connections with other local/regional trails, walkways, paths.). 5 points for each feature, up to a maximum of 25 c. Project improves the public street(s) adjacent to the project site using a complete streets design to provide accommodation for pedestrians, bicyclists, transit riders, and persons of all abilities, where such improvements are not otherwise required by city development regulations. 25 points d. Project design includes one or more transportation demand management features including but not limited to preferential parking for high-occupancy vehicles, improved access for transit vehicles. 5 points for each feature, up to a maximum of 15 e. Project provides for one or more transportation alternatives which include but are not limited to car share, bike share or other method of providing alternatives to individual automobile ownership. 5 points for each alternative, up to a maximum of 15 Category 9 – Economic Development a. Project creates or retains a minimum of 10 permanent family wage jobs. For purposes of this section, a permanent family wage job shall be a full-time job that, including benefits, earns at least 250 percent of the federal poverty guideline for a family of four as listed in the latest 2 points per job created up to a maximum of 40 Page 273 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 20 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Feature/Benefit Points Possible Federal Poverty Guidelines published by the U.S. Department of Health and Human Services. b. Project creates or retains a minimum of 10 permanent higher wage jobs. For purposes of this section, a permanent family wage job shall be a full-time job that, including benefits, earns at least 350 percent of the federal poverty guideline for a family of four as listed in the latest Federal Poverty Guidelines published by the U.S. Department of Health and Human Services. 4 points per job created up to a maximum of 40 c. Project provides one or more neighborhood services listed in Chapter 18.04 ACC. 3 points per neighborhood service up to a maximum of 15 points d. Project revitalizes (i.e., proposes more intensive and active development than exists) commercial or industrial sites incorporating current adopted design standards producing commercial uses in accordance with the city of Auburn comprehensive plan. 10 points Design Innovation Bonus a. Project demonstrates a high degree of innovation by providing one or more design features not listed elsewhere in this rating instrument or otherwise required by city development regulations that promote(s) sustainability, energy/water conservation or efficiency, community cohesion, neighborhood safety, adaptive reuse of existing development, or enhanced transportation circulation/mobility. 10 points (Ord. 6245 § 19, 2009.) Page 274 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 21 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.49.040 Applicability – Commercial/industrial developments. Reserved. (Ord. 6245 § 19, 2009.) 18.49.050 Flexible development standards for residential development. Residential development that meets the minimum eligibility requirements of ACC 18.49.020 is able to utilize the flexible development standards outlined in this section. A. General Development Standards. The following general flexible development standards would be applicable to residential development that meets the eligibility criteria for residential development as outlined in ACC 18.49.020(A). 1. Alternative Lot Dimension Requirements. Lot area, lot frontage and width, and setback requirements otherwise required under this title shall not apply to individual lots within a flexible development authorized under this chapter; provided, that the director has approved the proposed alternative lot dimensions for the development subject to the following limitations: a. Lots having primary frontage on a street other than a street created by the development shall not have reduced frontage or front setbacks unless the director determines that doing so improves consistency of building spacing and bulk with the character of the existing facility; and b. At least 50 percent of the required front, side and rear setback areas for the district shall be maintained in the development. In no case shall any side yard setback be less than five feet. c. In no case shall required lot widths be reduced below 50 percent of the underlying zone requirement, or below 30 feet as the absolute minimum required lot width within residential zones. 2. Alternative Parking Lot Landscaping Requirements. Parking lot landscaping type, location, frontage, and area requirements under ACC 18.50.060 shall not apply to off-street parking areas in a flexible development authorized under this chapter; provided, that the Page 275 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 22 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. director has approved an alternative landscape design for the development subject to the following limitations: a. Total proposed parking lot landscape area is greater than or equal to parking lot landscape area required under ACC 18.50.060(H); and b. No sight-obscuring plants will be allowed whenever safe sight clearance is necessary for ingress and egress from a public street. 3. Alternative Engineering Design Standards. Residential flexible development projects authorized under this chapter shall be eligible to deviate from the city of Auburn engineering design standards; provided, that the city engineer has determined that the proposed design (a) meets or exceeds the technical requirements otherwise required by the engineering design standards with respect to functionality, safety, and maintenance and operation, (b) is consistent with the city comprehensive plan and applicable capital facilities and comprehensive utility plans, and (c) is consistent with the purpose and intent of the flexible development regulations under this chapter. The project applicant is responsible for providing information in sufficient detail to allow the city engineer to make such determination. 4. Expedited Permitting Process of 90 Days or Less. Flexible development projects authorized under this chapter shall receive expedited permit review for city land use approvals and building permits associated with the project. For such development permits, the city shall strive to limit the city’s processing time to not more than 90 days after receipt of a complete permit application, including SEPA environmental review information as required by Chapter 16.06 ACC, as stated in a letter from the city acknowledging receipt of said complete application or 75 percent of the standard processing time for such application, whichever is greater. Time during which applicants are providing revisions and/or otherwise amending a permit application shall not be counted against the 90-day permit processing timeline. 5. Density Bonus. a. One Hundred Thirty-Five Percent Residential Density Bonus. A density bonus allowing up to 135 percent of the base density of the underlying zone shall be allowed for developments that meet the minimum eligibility criteria of ACC 18.49.020 of 100 points. Page 276 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 23 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. b. One Hundred Fifty Percent Residential Density Bonus. A density bonus allowing up to 150 percent of the base density of the underlying zone shall be allowed for development projects that show exceptional merit as measured by scoring up to 150 points on the eligibility criteria matrix of ACC 18.49.020. B. Feature-Specific Residential Development Standards. 1. Alternative Minimum off-Street Parking. Development projects that incorporate at least two of the following features as part of the multifamily residential portion of the development may reduce the number of off-street parking spaces otherwise required under Chapter 18.52 ACC for that/those portion(s) of the development by 25 percent: a. Within one-half mile of transit stops serving transit routes that provide service six or more days per week; b. Improved access for transit vehicles; c. Alternative transportation elements (i.e., car share, bicycle parking facilities, etc.); and d. Connections with other local/regional trails, walkways, paths, etc. (Ord. 6245 § 19, 2009.) 18.49.060 Flexible development standards for mixed-use development. Development that meets the minimum eligibility requirements of ACC 18.49.030 is able to utilize the flexible development standards outlined in this section. A. General Development Standards. The following general flexible development standards would be applicable to development that meets the eligibility criteria for mixed-use development as outlined in ACC 18.49.030. 1. Alternative Lot Dimension Requirements. Lot area, lot frontage and width, and setback requirements otherwise required under this title shall not apply to individual lots within a flexible development authorized under this chapter; provided, that the director has Page 277 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 24 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. approved the proposed alternative lot dimensions for the development subject to the following limitations: a. Lots having primary frontage on a street other than a street created by the development shall not have reduced frontage or front setbacks unless the director determines that doing so improves consistency of building spacing and bulk with the character of the existing facility; and b. At least 50 percent of the required front, side, and rear setbacks for the underlying zone shall be maintained in the development. In no case shall any side yard setback be less than five feet. 2. Alternative Parking Lot Landscaping Requirements. Parking lot landscaping type, location, frontage, and area requirements under ACC 18.50.060(H) shall not apply to off- street parking areas in a flexible development authorized under this chapter; provided, that the director has approved an alternative landscape design for the development subject to the following limitations: a. Total proposed parking lot landscape area is greater than or equal to parking lot landscape area required under ACC 18.50.060(H); and b. No sight-obscuring plants will be allowed whenever safe sight clearance is necessary for ingress and egress from a public street. 3. Alternative Engineering Design Standards. Mixed-use flexible development projects authorized under this chapter shall be eligible to deviate from the city of Auburn engineering design standards consistent with the city of Auburn construction and design standards process; provided, that the city engineer has determined that the proposed design: (a) meets or exceeds the technical requirements otherwise required by the engineering design standards with respect to functionality, safety, and maintenance and operation, (b) is consistent with the city comprehensive plan and applicable capital facilities and comprehensive utility plans, and (c) is consistent with the purpose and intent of the flexible development regulations under this chapter. The project applicant is responsible for providing information in sufficient detail to allow the city engineer to make such determination. Page 278 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 25 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 4. Expedited Permitting Process of 90 Days or Less. Flexible development projects authorized under this chapter shall receive expedited permit review for city land use approvals and building permits associated with the project. For such development permits, the city shall strive to limit the city’s processing time to not more than 90 days after receipt of a complete permit application, including SEPA environmental review information as required by Chapter 16.06 ACC, as stated in a letter from the city acknowledging receipt of said complete application or 75 percent of the standard processing time for such application, whichever is greater. Time during which applicants are providing revisions and/or otherwise amending a permit application shall not be counted against the 90-day permit processing timeline. 5. Density Bonus. a. One Hundred Thirty-Five Percent Density Bonus. A residential density bonus allowing up to 135 percent of the base density of the underlying zone shall be allowed for developments that meet the minimum eligibility criteria of ACC 18.49.030 of 100 points. b. One Hundred Fifty Percent Density Bonus. A residential density bonus allowing up to 150 percent of the base density of the underlying zone shall be allowed for development projects that show exceptional merit as measured by meeting up to 150 points on the eligibility criteria matrix of ACC 18.49.030(C). B. Feature-Specific Mixed-Use Development Standards. 1. Alternative Minimum off-Street Parking. Development can qualify for either subsection (B)(1)(a) or (b) of this section, but not both. a. Development projects that incorporate shared parking areas for two or more nonresidential principal uses may reduce the total number of off-street parking spaces otherwise required for those uses under Chapter 18.52 ACC by 25 percent. b. Development projects that incorporate any of the following features as part of the residential and/or nonresidential portions of the development may reduce the number of off-street parking spaces otherwise required under Chapter 18.52 ACC for that/those portion(s) of the development by 25 percent; developments also providing for shared parking for two or more nonresidential principal uses may reduce the Page 279 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 26 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. number of nonresidential off-street parking spaces otherwise required under Chapter 18.52 ACC by 35 percent: i. Transit stops; ii. Improved access for transit vehicles; iii. Alternative transportation elements (i.e., car share, bicycle parking facilities, etc.); and iv. Connections with other local/regional trails, walkways, paths, etc. 2. Structured Parking Bonus. A development that includes all of its proposed parking within a parking structure (as defined in Chapter 18.04 ACC) that is screened from surrounding public streets and public spaces may be allowed to reduce minimum garage setbacks to zero inches for portions of the parking structure that are underground. Any portion of such improvements that would be located in the public right-of-way would be subject to the approval of the city engineer and may require a right-of-way use permit. 3. Use of Hardscape for Open Space. A mixed-use development may be allowed to provide up to 75 percent of its required on-site open space as hardscape such as decorative paving, rock outcroppings, fountains, plant containers for features such as plazas, courtyards, and other public gathering spaces. Hardscape is encouraged to be provided in the form of pervious surfaces meeting city design and construction standards. 4. Maximum Height Bonus. Mixed-use development that includes required on-site parking within a parking structure may provide an additional 10 feet of height to the building; provided, that a portion of that height is used to provide roof forms that provide distinctive roof forms such as: a. Pitched or sloped roof; b. Extended parapets; or c. Projecting cornices. (Ord. 6245 § 19, 2009.) Page 280 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 27 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. 18.49.070 Flexible development standards for commercial/industrial. Reserved. (Ord. 6245 § 19, 2009.) 18.49.080 Procedures. A. Project proponents interested in applying for flexible development under this chapter must follow the requirements of the underlying permit process as outlined in ACC Title 14 with the following exceptions: 1. Prior to submittal of an application that incorporates proposed flexible development standards, the applicant must first submit: a. A checklist on a form provided by the city of Auburn outlining the features that the development proposal will utilize to reach the required minimum 100-point eligibility needed to utilize flexible development standards. b. A conceptual site plan (including conceptual design of all public utility facilities and road design) and narrative that identifies the features that meet the 100-point requirement of ACC 18.49.020, 18.49.030, or 18.49.040 based on development type, and that identifies the flexible development features of ACC 18.49.050, 18.49.060, and 18.49.070 based on development type that the applicant proposes to utilize for the development proposal. B. The city of Auburn shall evaluate flexible development submittals provided pursuant to subsection A of this section and provide a written statement identifying whether or not the applicant met the required minimum score and is allowed to utilize flexible development standards outlined in this chapter. C. A flexible development proposal must demonstrate its compliance with the city of Auburn design and construction standards and any modifications to those standards that the city engineer allows through application of this chapter. D. Modifications. Any proposed modifications to development projects that have been accepted as flexible development proposals, and that include amendment to a flexible development eligibility feature or flexible development standard called out in the application Page 281 of 1253 Chapter 18.49 ACC, Flexible Development Alternatives Page 28 of 28 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. materials submitted as part of the requirements of subsection A of this section, must be reevaluated through revised application submittals that provide information consistent with the requirements of subsections (A)(1)(a) through (b) of this section. E. Eligibility Criteria Review and Amendment. The city shall conduct a review of eligibility criteria contained in this chapter one year after adoption of the implementing ordinance. After the initial review, the city may elect to review and modify eligibility criteria contained within this chapter as part of the city’s annual docket process through a legislative nonproject decision pursuant to ACC 14.03.060. (Ord. 6245 § 19, 2009.) 18.49.090 Appeals. Appeals of administrative decisions regarding eligibility for flexible development shall be made to the hearing examiner as outlined in Chapters 2.46 and 18.70 ACC. (Ord. 6442 § 21, 2012; Ord. 6245 § 19, 2009.) The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 282 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 1 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 18.50 LANDSCAPING AND SCREENING Sections: 18.50.010 Intent. 18.50.020 Applicability. 18.50.030 Repealed. 18.50.040 Landscape development standards. 18.50.045 Preservation of significant trees. 18.50.050 Repealed. 18.50.060 Landscaping plan requirements. 18.50.070 Administration and enforcement. 18.50.080 Alternative landscaping plan. 18.50.010 Intent. The intent of this chapter is to provide minimum landscaping and screening requirements in order to maintain and protect property values, to enhance the city’s appearance, to visually unify the city and its neighborhoods, to improve the character of certain areas of the city, to reduce erosion and storm water runoff, to interrupt expanses of impervious surfaces, to reduce CO2 emissions, improve air quality, and to maintain or replace existing vegetation and to prevent and abate public nuisances. (Ord. 6617 § 28, 2016; Ord. 6387 § 1, 2011; Ord. 4914 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.50.020 Applicability. A. This chapter applies to all uses and activities developed in the city excluding single-family and duplex units on individual lots.. B. When additions, alterations, or repairs of any existing building or structure exceed 50 percent of the value of the building or structure, or a residential use is converted to a nonresidential use, then such building or structure shall be considered to be a new use and site Page 283 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 2 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. landscaping provided in accordance with this chapter; provided, that if any existing foundation or fence layout precludes full compliance herewith, then the landscaping requirements may be modified by the planning director in approved landscape plans. (Ord. 6387 § 1, 2011; Ord. 4914 § 1, 1996; Ord. 4304 § 1(33), 1988; Ord. 4229 § 2, 1987.) 18.50.030 Definitions. Repealed by Ord. 6387. 18.50.040 Landscape development standards. A. General Location for Landscape Improvements. Landscaping shall be provided in the following locations for all types of development, unless the city determines that the required landscape is not necessary to fulfill the purposes of this chapter: 1. Perimeter Areas. All areas that abut a street or residential property shall be landscaped in compliance with this chapter, except where occupied by a primary building, walk or driveway. Minimum landscape areas are listed in Tables 18.50.040(A) and (B). 2. Unused Areas. All areas of a multifamily apartments or nonresidential project site not intended for a specific use (including areas planned for future phases of a phased development) shall be landscaped with existing natural vegetation, native grasses or similar. 3. Parking/Loading Areas. Parking lots, and where loading areas are visible from a public street, shall be landscaped in compliance with this chapter. 4. Outdoor Storage Areas, Recreational Vehicle Parking, and Refuse Areas. All outdoor storage areas, recreational vehicle parking, and refuse areas, when visible from adjoining properties or public streets, shall be landscaped in compliance with this chapter. 5. Storm Water Low Impact Development (LID) Facilities. Areas of vegetation planted in storm water LID facilities (not permanently inundated or ponded areas) and for which there is a city-approved maintenance plan as prescribed in the city’s Engineering Design Standards Manual shall count towards the minimum landscape coverage areas outlined in subsection B of this section. Page 284 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 3 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. B. Landscape Area Requirements by Zones. Minimum landscape area requirements are listed below by zones consistent with ACC 18.02.070. Table 18.50.040(A). Minimum Landscape Requirements by Zoning District Zones Minimum Landscape Coverage1 Minimum Landscape Planter Width – Perimeter Areas2 Abutting Street3 Abutting Residential Property Residential Zones RC and, R-1 , R-5, and R-7 Residential Zones4 N/A N/A N/A R-2 and R-3 Zones5 10% N/A N/A R-10, R-16 and R-20R-4 and R-NM Zones5 1020% 6 ft. 610 ft. Nonresidential Zones C-2 10% 0 ft. 6 ft. C-1, C-N 10% 6 ft. 10 ft. C-23, I, P-1 15% 6 ft. 10 ft. M-1 10% 10 ft. 10 ft. M-2 10% 10 ft. 25 ft. Other RO-F6/RO-H6 N/A N/A N/A DUC districts7 N/A N/A N/A Page 285 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 4 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Notes: 1 Minimum landscape coverage required is the minimum percentage of net lot area that must be maintained with a vegetated pervious surface. Vegetated bioretention cells or water quality treatment swales (not permanently inundated or ponded areas) may be included in the required landscape coverage percentage. Preference shall first be given to retention of areas of existing native coniferous vegetation. For sites that do not have existing native coniferous vegetation, landscape coverage can be achieved through planting of native species. 2 Listed planter widths shall be located entirely on private property. 3 The minimum landscape planter abutting a street may be reduced in size using the provision contained in ACC 18.50.080, Alternative landscaping plan. The reduced landscape planter shall have an average width of the requirement contained in Table 18.50.040(A). 4 Landscaping shall only be required in conjunction with an administrative or conditional use permit. The type and amount of landscaping shall be determined at that time the administrative or conditional use permit is approved. 5 Refer to ACC 18.31.200, Architectural and site design review standards and regulations, for additional requirements. 6 Landscaping within the RO/RO-R-FH zone is not required unless site development includes the demolition of existing structure(s) together with new construction. Under this scenario the minimum landscape requirements of the C-1 zone shall be met. 7 Landscaping within the DUC zone shall be provided as defined in the Downtown Urban Center Design Standards; see reference to ACC 18.29.070. C. Landscape Design and Planting Requirements. Landscape design and construction for new development or redevelopment shall be compatible with the surrounding urban and natural environment. Landscape plantings shall comply with the plant type, size, and spacing provisions listed below. 1. Landscape Design. Landscaping shall be designed as an integral part of the overall site plan with the purpose of enhancing building design, public views and spaces, supporting storm water low impact development facilities, and providing buffers, transitions, and screening. a. All required planting areas shall be covered with a mixture of trees, shrubs, and groundcover plants. Sodded lawn (not seed) may be substituted for some but not all of shrubs or groundcover plants. If sodded lawn is used it cannot cover more than 20 Page 286 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 5 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. percent of the site and those portions of the lawn area must be served by an automatic irrigation system. b. Planting design shall have focal points at project entries, plaza areas, and other areas of interest using distinct planting and/or landscape features. c. As appropriate, building and site design shall include the use of landscaping against buildings to visually break up expanses of wall, soften appearance, and create visual interest through the use of planting areas, wall planters, hanging gardens, and/or raised planters. Loose rock, gravel, decorative rock or stone shall not exceed 20 percent of the planting area. 2. Plant Types. Landscape planting shall be compatible with the character and climate of the Pacific Northwest and complement the architectural design of structures on the site. a. Native Landscaping. Landscaping materials installed shall include species native to the Puget Sound lowland region of the Pacific Northwest or noninvasive species that have adapted to the climactic conditions of the region in the following minimum amounts: i. Fifty percent of trees. ii. Fifty percent of groundcover and shrubs. b. Trees. Trees planted within 10 feet of a public street, sidewalk, paved trail, or walkway shall be a deep-rooted species and shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements. 3. Planting Size and Spacing. In order to balance both an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes and plant spacing are as follows: a. Trees. Trees shall be a minimum of one and one-half inches in diameter breast height (dbh) at the time of planting. Evergreen trees shall be a minimum of four to six feet in height at the time of planting and may include either broadleaf or conifer. Tree spacing within the perimeter planters along streets and abutting residential property shall be planted no further apart on center than the mature diameter of the proposed species. Page 287 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 6 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. b. Shrubs. Shrubs shall be a minimum of 18 inches in height, or two-gallon size containers, at the time of planting. c. Groundcover. Groundcover means low evergreen or deciduous plantings and shall be planted from either four-inch pot with 12-inch spacing or one-gallon pot with 18- inch spacing. Alternative spacing of particular species may be approved by the city if documentation concerning the effectiveness of the groundcover is submitted with the landscape plan. d. Additional Spacing Provisions. i. Tree size and spacing at installation shall be increased by the city where needed to ensure visual access for vehicles and pedestrians and provide clear vision at street, access tracts and driveway intersections (sight distance triangles). ii. Trees or shrubs with a full-grown height equal to or greater than 30 inches shall not be planted in any sight distance triangle. Sight distance triangles are determined in conformance with the city of Auburn engineering design standards, Chapter 10. iii. A minimum distance of 15 feet is required from the mature diameter of trees and the center of street light standards. 4. Landscaping Requirements for Parking Areas. a. General Parking Lot Landscaping Standards. i. All parking lot landscape areas shall be protected with vertical or extruded concrete curbs, or equivalent barriers. Tire blocks shall not be used as a substitute for curbing and boundary around the landscaped area unless they are integral to a storm water LID facility design as approved by the city engineer or designee. ii. All parking lot landscaping must be located between parking stalls, at the end of rows of parking, or between the end of rows of stalls and the property line. iii. The maximum distance between any parking stall and required parking area landscaping shall be no more than 50 feet. Page 288 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 7 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. iv. Shrubs, groundcover or lawn shall be planted to cover each parking lot planting area using the planting size and spacing requirements specific in subsection (C)(3) of this section. All groundcover shall have a mature height of not more than 24 inches. v. Modifications to protect drainage features, easements, or utility facilities may be allowed. Modifications that reduce landscape area or plant material shall be made up elsewhere on site, if possible. vi. The requirements of this section shall not apply to parking garages or to display areas for automotive and equipment sales and rentals that are specifically designed, approved and constructed for the display purpose and that do not reduce required landscape areas. b. Specific Parking Lot Landscaping Standards. Table 18.50.040(B). Specific Parking Lot Landscaping Standards Landscaped Area Required Planting Area Design Requirements Plantings Required 12 parking stalls or less No requirement 13 – 75 parking stalls 7% of surface parking stalls (exclusive of circulation) Minimum planter width: 6 feet Trees shall be provided at the rate of a minimum of one per planter and/or one per 100 square feet of planter. 76 parking stalls or more 10% of surface parking stalls (exclusive of circulation) Minimum planter width: 6 feet Trees shall be provided at the rate of a minimum of one per planter and/or one per 100 square feet of planter. 5. Landscaping for Outdoor Storage Areas, Recreational Vehicle Parking and Refuse Areas. Page 289 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 8 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. a. Outdoor storage areas and recreational vehicle parking areas must be screened from view from adjacent streets and from all residentially zoned land by a minimum six-foot-wide landscape buffer. This landscape buffer shall contain evergreen trees or tall shrubs, a minimum of six feet in height at the time of planting, which will provide a 100 percent sight-obscuring screen within three years from the time of planting is required; or a combination of evergreen trees or deciduous trees, planted 20 feet on center with no more than 30 percent being deciduous and backed by a 100 percent sight-obscuring fence. In addition to the trees, shrubs shall be planted at four-foot spacing, in all directions, and groundcover provided. b. Outdoor storage areas abutting the Interurban Trail (regardless of the zoning of the Interurban Trail) and other future trails connecting to the Interurban Trail shall have a minimum 10-foot-wide landscape buffer containing the planting materials specified in subsection (C)(5)(a) of this section. c. Trash containers, dumpsters, trash compactors, and recycling bins associated with multiplex, multi-unit residential, and nonresidential uses must be screened from public view on all sides with a solid fence, wall, or gate constructed of cedar, redwood, masonry, or other similar building material reflecting the overall design of the site, and be appropriately landscaped (e.g., climbing vines, arborvitae, etc.). 6. Irrigation. No portion of any landscaped area shall be located further away than 50 feet from a source of water adequate to irrigate the landscaping. The source of water may be a manual (hose connection) or an automatic irrigation system. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6617 § 29, 2016; Ord. 6387 § 1, 2011; Ord. 4914 § 1, 1996; Ord. 4304 § 1(34), (35), 1988; Ord. 4229 § 2, 1987.) 18.50.045 Preservation of significant trees. A. Retention. In the required perimeter landscaping area, applicants shall retain all significant trees. A significant tree means a healthy evergreen tree, six inches or more in diameter measured four feet above grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade. Alders and cottonwoods are excluded from this definition. If the grade level adjoining a tree to be retained is to be altered to a degree that would endanger Page 290 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 9 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. the viability of a tree or trees, then the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be capable of protecting the tree. Areas devoted to driveways, curb cuts, and sight distance requirements, utilities and storm drainage facilities may be exempted from this requirement. Significant trees may also be exempted from this requirement if it is determined by the planning director based on satisfactory evidence pursuant to report prepared by a consulting arborist certified by the International Society of Arboriculture. The report submitted to the city shall demonstrate the significant tree is: 1. Damaged; or 2. Diseased; or 3. Has weak structural integrity that poses a safety hazard. If additional significant trees are to be removed, the applicant shall seek approval of an “alternative landscape plan” from the planning director under ACC 18.50.080. B. Encroachment into Dripline. No construction activities shall take place within the dripline of a tree to be retained without extra precautions as recommended by a certified arborist. The applicant may install impervious or compactable surface within the area defined by the dripline when a qualified arborist determines that such activities will not endanger the tree or trees. (See the definition of “dripline” in ACC 18.04.318.) C. Tree Protection. All significant trees that are to be retained must be protected during construction by installation of a protective barricade or fence. This will require preliminary identification of the proposed area of disturbance for staff inspection and approval, then installation of a protective barricade or fence before major excavation with heavy equipment begins. (Ord. 6387 § 1, 2011.) Page 291 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 10 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 18.50.050 Regulations by zone. Repealed by Ord. 6387. 18.50.060 Landscaping plan requirements. A. Persons Qualified to Prepare Landscape Plan. A landscape plan signed by a licensed landscape architect is not required. However, if the plan is determined by the city to be illegible or inadequate for review the landscape plan shall be prepared by a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington certified nursery professional program, or a Washington State certified landscape technician. B. Application. A landscape plan shall be required and shall be accurately drawn using an appropriate engineering scale and contain all information specified by the planning director in the application form and accompanying checklist provided by the city. (Ord. 6387 § 1, 2011; Ord. 6287 § 2, 2010; Ord. 6231 § 5, 2009; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.) 18.50.070 Administration and enforcement. A. Performance Assurance. 1. The required landscaping must be installed prior to the issuance of the certificate of occupancy unless the planning director determines that a performance assurance device will adequately protect the interests of the city; 2. The performance assurance device shall only be valid for a 120-day period and shall have a value of 100 percent of the estimated cost of the landscaping to be performed, inclusive of planting materials and installation. If the landscaping has not been installed after the 120 days then the assurance device may be used by the city to perform any necessary work to implement the landscape plan. This time period can be extended if the city determines that: a. Installation of the landscaping would not be successful due to weather; or b. Product is not available due to the time of year; Page 292 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 11 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 3. The performance assurance device shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform work. The agreement shall also hold the city harmless from all claims and expenses, including attorney’s fees; 4. Upon completion of the required landscaping by the property owner the city shall release the performance assurance device. B. Initial Maintenance Period and Maintenance Assurance Device. After installation of the required landscaping, the property owner shall complete an initial maintenance period lasting one year. The property owner shall comply with the provisions below: 1. The property owner shall be responsible for replacing any unhealthy or dead plants for a period of one year after the initial planting. 2. The planning director shall require a maintenance assurance device, unless converting a single-family unit detached dwellingresidence to a nonresidential use within the R-F RO zonedistrict, for a period of one year from the completion of planting in order to ensure compliance with the requirements of this section. The value of the maintenance assurance device shall equal at least 100 percent of the total landscape materials plus installation. 3. If the landscaping is not being properly maintained, the property owner shall be so notified by the city. If after 30 days from the city’s notification the landscaping is still not being maintained then the maintenance device may be used by the city to perform any type of maintenance necessary to ensure compliance with this chapter. 4. The maintenance assurance device shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform any necessary work. The agreement shall also hold the city harmless from all claims and expenses, including attorney’s fees. 5. Upon completion of the one-year maintenance period, and if maintenance has not been performed by the city, the city shall release the maintenance assurance device. C. Maintenance of Landscape Area (On-Going). Landscaping, including trees, shrubs, groundcover, or grass, planted as a requirement pursuant to this title or ACC Title 16 or 17 shall be maintained in a healthy, living condition. All landscaping which, due to accident, damage, disease, lack of maintenance, or other cause, fails to show a healthy appearance and growth shall be replaced. Replacement plants shall conform to all standards that govern the original Page 293 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 12 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. planting installation, approved landscaping plan, or as approved by the planning director. If the landscaping is not replaced the property owner or designee shall be subject to the enforcement provisions contained in subsection D of this section. 1. Tree and Shrub Pruning. A permit is not required to prune trees and shrubs on private property. Pruning which results in the removal of at least half of the live crown will be considered tree removal and subject to the provisions in subsection D of this section. Tree pruning should be performed by a landscape contractor, one that is certified by the International Society of Arboriculture as a certified tree trimmer or certified arborist or other qualified tree expert. 2. Limitations on Allowable Pruning. Tree and shrub pruning shall be allowed only for the following purposes: a. Removal of dead wood and diseased, crowded, and weakly attached trunks and branches that create a hazard to private property and citizens; b. Providing adequate clearance and visibility for safe use of parking stalls, travel ways and walkways for the passage of persons and vehicles; c. Eliminating traffic sign visibility obstructions; d. Providing adequate visibility for security patrols; e. Repairing split trees and limbs in order to save a tree and its appearance; f. Removing or severing tree roots that are causing damage to public or private property, including curbs, gutters, sidewalk, drainage lines and parking lot surfaces; or g. Providing visibility for merchant signs and increasing parking lot lighting only when the aesthetics of the tree or shrub will not be reduced. 3. Tree Topping. Tree topping is prohibited, except under the following circumstances: a. Branches interfering with utility lines; b. Significant canopy dieback has occurred; c. Storm damage or prior incorrect pruning requires correction. Page 294 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 13 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. D. Enforcement. Violation of these provisions shall be processed in accordance with the procedures defined under Chapter 1.25 ACC. The property owner or designee responsible for correcting the violation shall provide a corrective action plan that defines how and when the infraction will be corrected within the time provisions defined by Chapter 1.25 ACC. 1. The corrective action plan shall be subject to the following replacement ratios: a. For plants that have died, replacement vegetation shall be at least 150 percent of the planting size required of the subject plant material at the time of planting. The plants shall be of the same or similar species to those plants being replaced, unless alternate species are approved by the planning director. b. For trees or shrubs that have been excessively pruned, replacement vegetation shall be at least 200 percent of the size of the tree or shrub that was required by city regulations at the time of planting. The trees or shrubs shall be of the same or similar species of the plants being replaced, unless alternate species are approved by the planning director. 2. The property owner or designee shall correct the infraction or provide a schedule that defines how and when the infraction will be corrected within the time provisions defined by Chapter 1.25 ACC. (Ord. 6387 § 1, 2011; Ord. 5777 § 1, 2003.) 18.50.080 Alternative landscaping plan. The planning director may authorize modification of the landscape requirements when alternative plans comply with the intent of this chapter and: A. The proposed landscaping provides for creative landscape design; or B. Incorporates the increased retention of significant trees and naturally occurring undergrowth; or C. Incorporates historic or architectural features such as fountains, sculptures, structures and the like. (Ord. 6387 § 1, 2011; Ord. 6287 § 2, 2010; Ord. 6231 § 6, 2009.) Page 295 of 1253 Chapter 18.50 ACC, Landscaping and Screening Page 14 of 14 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 296 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 1 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Chapter 18.52 OFF-STREET PARKING AND LOADING Sections: 18.52.005 Intent. 18.52.010 Applicability. 18.52.020 Number of off-street parking spaces required. 18.52.025 Disabled/handicapped parking requirements. 18.52.030 Reductions of the quantity of required parking. 18.52.040 Drive-through facilities. 18.52.050 Parking design, development, and maintenance standards. 18.52.060 Repealed. 18.52.065 Commercial vehicles in residential zones. 18.52.070 Repealed. 18.52.080 Repealed. 18.52.090 Repealed. 18.52.100 Repealed. 18.52.110 Fractional spaces. 18.52.120 Repealed. 18.52.125 Stacked parking. 18.52.130 Off-street loading space. 18.52.135 Alternate parking layouts. 18.52.005 Intent. This chapter establishes regulations which provide for safe, attractive, and convenient off-street parking and loading and to ensure that parking areas are compatible with surrounding land uses. The city discourages providing parking in excess of that required by this chapter. (Ord. 6388 § 1, 2011.) 18.52.010 Applicability. Except as otherwise provided in adopted contract rezones, development agreements, design standards and guidelines, or similar more specific process, off-street parking and loading provisions of this chapter shall apply as follows: A. New Development. For all buildings or structures erected and all uses of land (property) established, parking and loading facilities shall be provided as required by this chapter. Page 297 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 2 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. B. Change in Use. When the use of any building, structure, or land is changed, increasing the intensity such that the change creates an increase of five or less parking spaces required by the change, additional off-street parking spaces need not be provided in accordance with the requirements of this chapter. 1. Special Provisions for the R-FO, Residential Office DistrictFlex Zone. a. Within the R-FO, residential office zoning district, if any existing, nonresidential use is changed to another use, the requirements of this chapter shall apply in full to the new use if and only if the change in parking requirements between the old and new uses is greater than two spaces; except that if the applicant submits an alternate parking plan sufficiently justifying that the existing parking meets the needs of the new use, the planning director may authorize the satisfaction of parking through the special exception process. b. Whenever there is a change from a residential use to a nonresidential use in an existing building within the R-FO, residential office zoning district, the requirements of this chapter shall apply in full to the new use; except if the structure is being used as both a residence and business, then if the applicant submits an alternate parking plan sufficiently justifying that the parking meets the needs of both uses, the planning director may authorize the satisfaction of parking through the special exception process. C. Modification to Existing Structures or Uses of Land. Whenever an existing building or structure is modified or uses of land are modified such that the modification would require an increase of more than five off-street parking spaces, additional off-street parking spaces shall be provided in accordance with the requirements of this chapter. D. Modification to Existing Parking Lots. 1. Any parking lot hereafter physically altered shall comply with all of the provisions of this chapter, except that such lot which provides five percent of its area in landscaping and the landscaping is healthy and in good maintenance shall be deemed to comply with ACC 18.50.040(C)(4). 2. For existing parking lots that are resurfaced in excess of 50 percent of their area, then at least five percent of the entire parking area shall be landscaped consistent with Chapter 18.50 ACC. 3. If existing parking lots are restriped, then the new layout of the parking spaces shall be the same as the previous layout or, if changed, then the changed layout shall conform to the existing dimensional requirements of this chapter. (Ord. 6388 § 1, 2011; Ord. 6287 § 2, 2010; Ord. 6231 § 7, 2009; Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) Page 298 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 3 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.52.020 Number of off-street parking spaces required. Each principal use of the land, building, or structure shall provide the number of off-street parking spaces required by this section. The following standards are not applicable in the DUC, downtown urban center zone; refer to Chapter 18.29 ACC for specific requirements for that zone. A. Parking Requirements by Land Use. 1. Minimum Number of Parking Spaces. Each land use shall provide the minimum number of off-street parking spaces required by Table 18.52.020, except where a greater number of spaces are required through a more specific approval process such as an administrative use permit or conditional use permit approval. 2. Uses Not Listed. Where a use is not listed in Table 18.52.020, the planning director shall determine the number of required parking and/or loading spaces. The planning director shall use the requirements in Table 18.52.020 as a guide in determining the number of off-street parking spaces required based on the similarity of uses or may consider a parking generation study. B. Maximum Number of Parking Spaces. Except for required parking spaces for persons with disabilities, spaces provided in park and ride lots operated by a public transit agency, spaces for carpools, spaces for electric vehicle charging and spaces within structured parking with two or more levels, the maximum number of parking spaces for nonresidential uses shall not exceed 125 percent of the minimum spaces required by Table 18.52.020. C. Measurement of Floor Area. In any case where Table 18.52.020 establishes a parking requirement based on floor area in square feet (for example: two spaces per 1,000 square feet (sf) of floor area), the floor area shall be construed to mean gross floor area (defined in ACC 18.04.430). D. Use with Accessory Components. A single use with accessory components shall provide parking for the primary use, and each component. For example, a hotel with a meeting room may be required to provide the parking spaces required by Table 18.52.020 for a hotel (i.e., the guest rooms), and for a meeting room. E. Obstruction. Removal of required parking or loading spaces from practical use by obstruction, erection of buildings, or other actions as to reduce the parking or loading capacity or usefulness thereof below the minimum requirements established in this chapter is prohibited. F. Existing legally nonconforming gravel spaces. Up to six legally nonconforming gravel parking spaces may be used to meet off-street parking requirement for residential development. Table 18.52.020. Off-Street Parking Requirements by Land Use Page 299 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 4 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): Residential Categories Single-Single-unitfamily , detached dwelling, adult family home, home based daycares Dwelling unit 2.00 Two-family dwelling (duplex) Dwelling unit 2.00 Middle hHousing (2 to 6 units) See ACC 18.2531.240 for Middle Housing parking requirements. Multifamily dwelling (one- and two-bedroom units) Dwelling unit 1.50 Multifamily dwelling (three-bedroom units or more> 6 units))Apartments (7 or more units) Dwelling unit 12.00 Mobile home dwellings1 Dwelling unit 2.00 Assisted living facilities 4 bedrooms 1.00 Plus one space for each two employees Group living (includes supportive housing, boardinghouse) 24 bedrooms 1.00 Commercial Categories Auto, boat, or recreational vehicle sales or leasing, new or used 5,000 square feet of outdoor sales area 1.00 Auto sales and motorcycle, new 1,000 sf of floor area 2.29 Auto sales and motorcycle, used 1,000 sf of floor area 3.08 Daycare centers Each 10 children in care 2.00 Eating and drinking establishments 1,000 square feet of floor area 8 10.00 Food retail stores and markets 1,000 square feet of floor area 5.00 Health and fitness clubs 1,000 square feet of floor area 10.005.00 Page 300 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 5 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): Hotel or motel Guest room or rental unit 1.00 Mini-marts and self serviceself-service gas stations 1,000 square feet of floor area 5.00 Mortuaries or funeral homes 25 square feet of floor spaceSeat2 0.25 Motor vehicle repair and services 1,000 square feet of floor area 2.50 Personal service shops 1,000 square feet of floor area 2.50 Retail commercial establishments, less than 15,000 square feet of floor area 1,000 square feet of floor area 2.50 Retail commercial establishments, greater than 15,000 square feet of floor area 1,000 square feet of floor area 4.00 Shopping centers4 1,000 square feet of floor area 4.00 Office Categories Business and professional offices 1,000 square feet of floor area 2.00 Medical, dental, and other doctor’s officesMedical-dental clinic; urgent care 1,000 square feet of floor area 3.005.00 Manufacturing Processing and Warehousing Categories (See also ACC 18.52.020(D)) All manufacturing, industrial, and processing uses, except the following: 1,000 square feet of floor area 1.00 Warehousing 2,000 square feet of floor area 1.00 Storage – Personal storage/mini-storage facilities 1,000 square feet of floor areaStorage unit3 0.10Minimum of 2 spaces Recreation, Education, Public Assembly Categories Page 301 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 6 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): Auditoriums, stadiums, and theaters 25 square feet of floor spaceSeat2 0.25 Commercial recreation facilities – Indoor, except for the following: 1,000 square feet of floor area 5.00 Bowling alleys Lanes 5.00 Pool and billiard rooms Table 2.00 Skating rinks 1,000 square feet of floor area 5.00 Commercial recreation facilities – Outdoor 1,000 square feet of usable recreational area 3.00 Hospitals Bed 1.75 Library, museum 1,000 square feet of floor area 2.50 Meeting facility, public or private 25 square feet of floor spaceSeat2 0.25 Religious assembly Seat225 square feet of floor space 0.20 Schools (public and private) PreschoolKindergarten schools Employee43 1.00 Elementary/middle schools Teaching station 1.20 Secondary (high) schools Student 0.40 College or university (including trade and business schools) Student 0.75 Studios (dance, martial arts, etc.) 1,000 square feet of floor area 5.00 Tennis/racquetball/handball or other sport courts Court 2.00 Page 302 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 7 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): Each 300 sf of floor area for accessory uses 1.00 Recreational uses not listed elsewhere Same as retail, based on size Notes: 1 Within mobile home parks, parking space shall not be allowed within the required setbacks. Guest parking shall be provided within the development: five percent of total requirement. 2 Seat, 18 inches of bench, or 25 square feet of floor space. 32 Includes total on-site building square feet. Parking shall be provided by parking/driving lanes adjacent to buildings. Two parking spaces shall be provided adjacent to the manager’s quarters. 43 There shall be two visitor-parking stalls provided for each 10 required employee stalls. 4 Compliance with these standards is not required for a change of use within an existing building. 5 Employee and customer parking only. (Ord. 6419 § 5, 2012; Ord. 6388 § 1, 2011; Ord. 6167 § 4, 2008; Ord. 6140 § 2, 2007; Ord. 6071 § 3, 2007; Ord. 5777 § 1, 2003; Ord. 5556 § 1, 2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997; Ord. 4304 § 1(40), (41), 1988; Ord. 4229 § 2, 1987.) 18.52.025 Disabled/handicapped parking requirements. A. Accessible parking spaces for the handicapped/disabled shall be provided in compliance with the International Building Code (IBC), the Federal Accessibility Guidelines, and Washington Administrative Code, as applicable. These spaces shall count towards fulfilling the off-street parking requirements of this chapter. B. Accessible car and van parking space size shall be as follows: 1. Car parking spaces shall be eight feet (96 inches) minimum in width. 2. Van parking spaces shall be 11 feet (132 inches) minimum in width. C. Exception. Van parking spaces shall be permitted to be eight feet (96 inches) minimum in width where the adjacent access aisle is eight feet (96 inches) minimum in width. Page 303 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 8 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Table 18.52.025. Accessible Parking Spaces Required Total Parking Spaces Provided Minimum Number of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total More than 1,000 20, plus one for each 100 over 1,000 (Ord. 6388 § 1, 2011.) 18.52.030 Reductions of the quantity of required parking. Except within the DUC zone, reductions of the quantity of required parking may be allowed based upon the provisions in Table 18.52.030, Parking Quantity Reductions. Table 18.52.030. Parking Quantity Reductions Page 304 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 9 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 1. Joint Use of Parking Facilities A reduction in the total number of required parking spaces may be allowed when two or more uses with different peak parking demands will share a parking facility. In order for the reduction to occur the planning director must determine, based on satisfactory evidence provided by the applicant, that there is no substantial conflict in the principal operating hours and no substantial conflict in peak parking demand of the uses for which the sharing of parking is proposed. To evaluate the peak parking demand characteristics or differences in hours and/or days of operation, evidence including, but not limited to, a description of the uses and their operational characteristics, and a development plan shall be provided by the applicant and accompany the request. If approved, a binding agreement providing for the shared use of parking areas shall be executed by the parties involved, and must be filed with the city in a form approved by the planning director and be recorded. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. If a shared parking agreement lapses or is no longer valid, then parking must be provided as otherwise required by this chapter. 2. Reduction of Parking for a Use with Low Parking Demand A reduction of up to 50 percent of the total number of required parking allowed for the re-use of an existing building, based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the property land use by other cities). In order for the reduction to occur the planning director must find satisfactory evidence has been provided by the applicant. 3. Mixed Occupancies and Shared Uses In the case of two or more principal uses in the same building, the total requirements for off-street parking facilities shall be 75 percent of the sum of the requirements for the principal uses computed separately. In order for a use to be considered a separate principal use under the terms of this section, the uses must be physically and managerially separate in a manner which clearly sets the principal uses apart as separate businesses or operations. Various activities associated with single businesses shall not be considered separate uses. 4. Transit Access A reduction in the total number of required parking spaces may be reduced by 25 percent for sites located within a 1/4 mile (walking distance) of a public transit stop. A public transit stop includes but is not limited to a bus stop, commuter train stop, or park and ride lot. Applicants requesting this reduction must provide a map identifying the site and transit service schedules for all transit routes within 1/4 mile of the site. Page 305 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 10 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 5. Trip Reduction Plan A reduction of up to 25 percent in the total number of required parking spaces may be allowed for a business or other use that creates and implements a site-specific trip reduction plan and program. The trip reduction plan and program shall be reviewed and approved by the city and yearly reports shall be provided to evaluate the effectiveness of the program and ensure its continued maintenance and operation. 6. Credit for On-Street Parking – Nonresidential All multifamily uses and nonresidential uses located adjacent to a public right-of- way where on-street parking is permitted may receive credit for one off-street parking stall for each 22 linear feet of abutting right-of-way for parallel parking, excluding curb cuts. This provision shall be applied for on-street parking on the same side of the street as the proposed land use. All parking for employees must be provided on-site. 7. Valet Service A reduction of up to 25 percent in the amount of required parking per Table 18.52.020 may be permitted, depending on the size and type of the use if approved by the planning director. 8. Tree retention If retention of significant trees as required under 18.50.045 makes it infeasible to accommodate parking required under 18.52.020, required parking may be reduced, as long as all other standards in this title are met and approved by the planning director. (Ord. 6388 § 1, 2011; Ord. 6071 § 4, 2007; Ord. 5556 § 1, 2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) 18.52.040 Drive-through facilities. All banks, savings and loan associations, food dispensing establishments, and other businesses which maintain drive-through facilities which are intended to serve customers who remain in their motor vehicles during business transactions, or are designed in such a manner that customers must leave their automobiles temporarily in a driving lane located adjacent to the facility, shall provide on-site stacking space for the stacking of motor vehicles as follows: A. Stacking Space. The drive-through facility shall be so located that sufficient stacking space is provided to accommodate the types of motor vehicles using such facility during peak business hours of such a facility. B. Driveway Location. The location of entrances and exits shall be determined by the city engineer. C. Shopping Centers. When located in a shopping center, drive-through facilities shall provide sufficient stacking space to handle peak business demands and shall not in any way obstruct the normal circulation Page 306 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 11 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. pattern of the shopping center and not unreasonably interfere with nonmotorized circulation. (Ord. 6388 § 1, 2011; Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) 18.52.050 Parking design, development, and maintenance standards. Required parking areas shall be designed, constructed and maintained in compliance with this section: A. Location of Parking. Off-street parking areas shall be located as follows: 1. Residential Parking. Residential parking shall be located on the same site as each residential dwelling unit served; except for a mixed-use development as defined by ACC 18.04.625. No required residential parking space shall occupy any unimproved area within the required front setback, or side and rear setback, except as allowed by subsection E of this section, Surfacing of Parking Areas. 2. Nonresidential Parking. Nonresidential parking shall be located on the same site as the use served, or off site. If parking is to be located off site it is subject to the following requirements: a. The lot or area to be utilized for parking shall be legally encumbered by an easement or other appropriate means to ensure continuous use of the parking facilities following the procedure contained in Table 18.52.030(1), Joint Use of Parking Facilities. b. Whenever required parking facilities are located off site, sidewalks, or an approved pedestrian facility, shall be provided connecting the satellite parking facility to the development being served. B. Access to Parking. Access to parking shall be provided as follows for all parking areas other than for individual single-family dwellings and duplexessingle-unit detached dwellings and middle housing : 1. The location, design and construction of entrances and exits from the street right-of-way shall be determined by the city engineer. 2. A commercial or industrial use shall have access driveways from the public or private street that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 40 feet from the street right-of-way, to provide a queuing area for vehicles entering and exiting the parking area. The city engineer may require an increase or a decrease of this as determined by criteria set forth in the engineering design standards. C. Access to Adjacent Sites. The city may require that the design of a parking area to provide vehicle and pedestrian connections to parking areas on adjacent properties or to connect with adjoining public walkways (when a reciprocal access easement is available or can reasonably be provided). D. Parking Stall and Aisle Dimensional Standards. Page 307 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 12 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 1. Minimum Dimensions. Each parking space and parking lot aisle shall comply with the minimum dimension requirements in Table 18.52.050 and further displayed in Figure 18.52.050. Table 18.52.050. Parking Space and Drive Aisle Dimensions Parking Stall Type (A) Minimum Stall Dimensions Minimum Width for Drive Aisle with Parking(cD) Width(aC) Length(bB) One-Way Two-Way Standard parallel 98 ft. 220 ft. 12 ft. 20 ft. Standard 45-degree 98 ft. 19 ft. 15 ft. 20 ft. Standard 60-degree 98 ft. 19 ft. 18 ft. 20 ft. Standard 90-degree 98 ft. 19 ft. 20 ft. 24 ft. Compact 8 ft. 16 ft. 20 ft. 22 ft. Page 308 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 13 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Figure 18.52.050. Parking Space and Drive Aisle Dimensions 2. Compact Parking. Compact spaces may be allowed within a parking lot up to a maximum of 30 percent of the total number of spaces. This maximum percentage can be increased to 50 percent when approval is obtained by the planning director following the procedures contained in ACC 18.52.135, Alternative parking layouts. Compact spaces can be clustered or dispersed throughout the parking lot. Every compact parking space created pursuant to this section shall be clearly identified as such by painting the word “COMPACT” in upper case block letters, using white paint, on the pavement within the space or through the use of signage. 3. Vehicle Overhang. Vehicular overhang of up to two feet is permitted, provided no vehicle shall overhang into a sidewalk or walkway which would reduce the unencumbered width of a sidewalk or walkway to less than four feet. A vehicle is permitted to overhang into a landscaped area by two feet; provided, that the required landscape area of trees and shrubs are not reduced in quantity and not subject to potential damage. 4. Tandem Parking. Tandem parking spaces (parking of one vehicle in front of another such that only the outer vehicle is immediately accessible) may count towards parking requirements for residential uses under 18.52.020. Page 309 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 14 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. E. Surfacing of Parking Areas. Areas used for parking on private property, including interior driveways and access to a public street, shall be paved with asphalt concrete, cement concrete pavement, grass block pavers, or pervious pavement and shall have appropriate bumper guards where needed. Paving is not required for temporary parking facilities that have obtained a temporary use permit pursuant to the requirements of Chapter 18.46A ACC, Temporary Uses; however, dust mitigation is required. Where a driveway crosses an improved public right-of-way, it shall be constructed with cement concrete. All pavement sections shall be designed to support the post development traffic loads anticipated due to the intended use as approved by the city engineer. 1. Alternative paving systems may be provided subject to the approval of the city. The alternative must provide results equivalent to paving. 2. For parking areas serving single-family dwellings and duplexes when located on individual lots, this section shall apply: a. Each off-street parking space shall be connected to an improved street or alley by a driveway a minimum of 11 feet in width. b. Not more than 50 percent of the front yard or 800 square feet, whichever is smaller, can be used as off-street parking surface. For the purposes of calculating the allowable area under this section, the front yard shall be the area between the right-of-way and the portion of the single-family dwelling’s front facade farthest from the right-of-way. The width of the front yard shall extend to each side property line. c. Driveways that exclusively serve nonrequired off-street parking spaces are also subject to the surfacing requirement. d. Off-street vehicle parking spaces, including those for trailers, recreational vehicles, and boats on trailers, that are provided in addition to those required pursuant to Table 18.52.020 shall be paved with one of the surfaces listed above (subsection E of this section), or gravel; provided, that weeds, mud or other fine material do not work their way to the surface of the gravel; and provided, that loose gravel is contained on the subject property. e. Boats not on trailers shall not be stored in the front yard. F. Grades of Access Driveways. The grade of access driveways for off-street parking areas shall be subject to the driveway regulations contained in Chapter 10.04 of the engineering design standards. G. Sidewalks or Pedestrian Walkways. Sidewalks or pedestrian walkways shall be visibly marked with differentiated pavement or other methods such as reflective/LED markers, double row of landscaping, or raised pavement. H. Landscaping. See Chapter 18.50 ACC. Page 310 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 15 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. I. Lighting. See Chapter 18.55 ACC. (Ord. 6657 § 2, 2017; Ord. 6388 § 1, 2011; Ord. 6231 § 7, 2009; Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) 18.52.060 Development of off-street parking spaces for single-family dwellings and duplexesmiddle housing. Repealed by Ord. 6388. 18.52.065 Commercial vehicles in residential zones. A. No person shall park any commercial vehicle on any property within the following zoning districts in the city: residential zones R-25, R-72, R-103, R-163, and R-20 4 and (PUD) Pplanned Uunit Ddevelopment (PUD). B. No person shall park more than one commercial vehicle on any property within the R-1 residential zoning district in the city, and no person shall park more than two commercial vehicles on any property within the residential conservancy RC zoning district in the city. (Ord. 6388 § 1, 2011; Ord. 6019 § 2, 2006.) 18.52.070 Off-street parking lots – Location. Repealed by Ord. 6388. 18.52.080 Off-street parking – In-lieu of fees. Repealed by Ord. 4949. 18.52.090 Parking space dimensional requirements. Repealed by Ord. 6388. 18.52.100 Existing off-street parking reduction. Repealed by Ord. 6388. 18.52.110 Fractional spaces. When units or measurements determining the number of required parking spaces result in requirements of a fractional space, any fraction up to one-half shall be disregarded, and fractions of one-half or over shall require one parking space. (Ord. 6388 § 1, 2011; Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) Page 311 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 16 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.52.120 Parking in front or side yards – Prohibited generally. Repealed by Ord. 6388. 18.52.125 Stacked parking. Stacked parking , i.e., parking one car behind another, is permitted for funeral homes, single-family homes on individual lotssingle-unit detached and middle housing dwelling units, and for designated employee parking within the ROR-F zone, residential office district only, unless the use has complied with the requirements of Table 18.52.030(7), Parking Quantity Reductions (Valet Service). (Ord. 6388 § 1, 2011; Ord. 6231 § 9, 2009; Ord. 4949 § 1, 1997.) 18.52.130 Off-street loading space. Buildings devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale and manufacturing trade, hotels, hospitals, laundry, dry cleaning establishments or other buildings where large amounts of goods are received or shipped shall provide loading and unloading space on the same premises as the building as follows: A. Buildings of 6,000 square feet or more of floor area, one off-street loading and unloading space plus one additional off-street loading space for each 20,000 square feet of floor area; B. Each loading space shall be not less than 10 feet in width, 25 feet in length and 14 feet in height; C. Loading space, exclusive of driveways and/or corridors leading thereto, shall not be considered as providing off-street parking space. (Ord. 6388 § 1, 2011; Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) 18.52.135 Alternate parking layouts. Layouts and dimensions of off-street parking spaces, maneuvering aisles, driveways, driveway openings, and other related features different from those prescribed in ACC 18.52.050 may be approved by the planning director upon written findings that demonstrate: A. The number of off-street parking spaces required by ACC 18.52.020 (unless reductions are permitted under ACC 18.52.030) are provided; B. There is substantial reason for varying the standard; and C. Ingress and egress is approved by the city engineer where they ensure that adequate ingress to and egress from each required off-street parking space is provided for a vehicle of the appropriate size, and that ingress to Page 312 of 1253 Chapter 18.52 ACC, Off-Street Parking and Loading Page 17 of 17 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. and egress from the off-street parking facility is possible with minimal disruption of traffic on the adjacent street. (Ord. 6388 § 1, 2011.) The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Code Publishing Company, A General Code Company Page 313 of 1253 Chapter 18.55 ACC, Outdoor Lighting Page 1 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 18.55 OUTDOOR LIGHTING Sections: 18.55.010 Intent. 18.55.020 Applicability. 18.55.030 General requirements. 18.55.040 Prohibited lights. 18.55.050 Exceptions. 18.55.010 Intent. To discourage excessive lighting of outdoor spaces, encourage energy conservation and promote exterior lighting that promotes safe vehicular and pedestrian access to and within a development while minimizing impacts on adjacent properties. Decorative lighting that is architecturally integrated with the character of the associated structures, site design and landscape is encouraged. (Ord. 6390 § 1, 2011.) 18.55.020 Applicability. A. A lighting plan shall be required for projects as follows: 1. When an exterior lighting installation is part of a new development proposal requiring site plan review, an administrative or conditional use permit, or other development application that requires outside lighting or is a commercial project adjacent to property zoned residential; and 2. For projects undergoing redevelopment, expansion or remodel when the redevelopment requires site plan approval, or for tenant improvements or other minor building improvements when exterior lighting is proposed to be installed or modified. Page 314 of 1253 Chapter 18.55 ACC, Outdoor Lighting Page 2 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. B. These regulations do not apply to subdivisions or individual dwelling units, with the exception of common areas. Examples of common areas include, but are not limited to, pathways, clubhouses, parking lots and play areas. C. These regulations are not applicable to public rights-of-way. D. These regulations do not apply to lighting necessary for emergency equipment and work conducted in the interests of law enforcement or for the safety, health, or welfare of the public. (Ord. 6390 § 1, 2011.) 18.55.030 General requirements. A. Shielding Required. Except as otherwise exempt, all outdoor lighting fixtures shall be constructed with shielding on all sides. The outdoor light source (bulb or element) shall not be visible at or beyond the property line. Figure 18.55.030. Examples of light fixtures with shielding on all sides B. Fixture Heights. Lighting fixtures shall not exceed the following maximum heights: Table 18.55.030. Outdoor Lighting Location Fixture Height (Maximum as measured to the top of the fixture from grade) Within 50' of a residential zoning 16 ft Page 315 of 1253 Chapter 18.55 ACC, Outdoor Lighting Page 3 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Outdoor Lighting Location Fixture Height (Maximum as measured to the top of the fixture from grade) district Surface Parking Area C-1, C-23, M-1, M-2 All other districts 30 ft 24 ft C. Photometric Plan Requirements. A photometric plan shall be prepared and submitted for review and approval when required under ACC 18.55.020, Applicability. The required elements of the plan shall be specified in application forms to be provided by the city. The photometric plan will be reviewed to ensure compliance with the provisions in this chapter. D. Level of Illumination. 1. Parking lots, driveways, and trash enclosures/areas shall be illuminated with a minimum maintained one foot-candle of light and an average not to exceed four foot- candles of light. 2. Pedestrian walkways shall be illuminated with a minimum maintained one-half foot- candle of light and an average not to exceed two foot-candles of light. 3. In order to minimize light spillage on abutting residential property, illumination measured at the nearest residential structure or rear yard setback line shall not exceed one-tenth foot-candle. E. Accent Lighting. Lighting used to accent architectural features, landscaping or art is permitted to be directed upward; provided, that the fixture shall be located, aimed, or shielded to minimize light spill. No permit is required for this type of lighting. F. Periods of Illumination. Page 316 of 1253 Chapter 18.55 ACC, Outdoor Lighting Page 4 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements of Section C405.2.9.4 1513.6.2 of the Washington State Energy Code. 2. The use of sensor technologies, timers or other means to activate lighting during times when it will be needed is encouraged to conserve energy, provide safety and promote compatibility between different land uses. Lower lighting levels at off-peak times are encouraged as a safety measure. 3. However, outdoor lights may remain on during the required off hours when: a. Illuminating flags representing country, state, or other civic entity; b. Functioning as security lighting (e.g., illuminating a pathway, building entry, etc.); c. Associated with special events, etc. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6390 § 1, 2011.) 18.55.040 Prohibited lights. The following lights are prohibited unless a temporary use permit is obtained for specific events with specific times of operation: A. Strobe lights, search lights, laser source lights, or any similar high-intensity light except for emergency use by police and fire personnel or at their direction. B. Roof-mounted lights except for security purposes with motion detection and full shielding so that the glare of the light source is not visible from any public right-of-way or a neighboring residence. C. Any light that imitates or causes visual interference with a traffic signal or other necessary safety or emergency light. (Ord. 6390 § 1, 2011.) 18.55.050 Exceptions. The following light sources are exempt from the requirements of this chapter: A. Navigation and airport lighting required for the safe operation of boats and airplanes. Page 317 of 1253 Chapter 18.55 ACC, Outdoor Lighting Page 5 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. B. Temporary lights used for holiday decorations. C. Emergency lighting required by police, fire, and rescue authorities. D. Lighting for state and federal highways authorized by the Washington State Department of Transportation. E. Internal lighting of permitted signs. F. Outdoor lighting for public monuments. G. Temporary lighting in use during active construction projects. H. Stadium and field lighting. (Ord. 6390 § 1, 2011.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 318 of 1253 Chapter 18.56 ACC, Signs Page 1 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 18.56 SIGNS Sections: 18.56.010 Intent. 18.56.020 Definitions. 18.56.025 Real estate signs. 18.56.030 General provisions, all districts. 18.56.040 Regulation by district. 18.56.050 Administrative provisions. 18.56.060 Deviations, variances and appeals. 18.56.070 Liability. 18.56.080 Conflicts repealed. 18.56.010 Intent. The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city’s appearance and to prevent and abate public nuisances. The purpose of this chapter is implemented by controlling the construction, location, use and maintenance of all signs and sign structures. It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech. (Ord. 6591 § 2, 2016; Ord. 6501 § 2, 2014; Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.56.020 Definitions. The following definitions are specific to this chapter and are to be used only for the implementation of this chapter: Page 319 of 1253 Chapter 18.56 ACC, Signs Page 2 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. A. “Animated sign” means any sign that flashes or simulates motion with an electronic or manufactured source of supply or contains wind-actuated motion (except for flags and banners). An animated sign may also be a sign that meets the definition of “changing message center” or “revolving sign.” B. “Banner” means a temporary sign constructed of fabric, vinyl, or other durable material; which is not the primary identification for the organization, event or product advertised; and which is primarily promotional in nature. C. “Billboard” means a large outdoor advertising sign containing a message, commercial or otherwise, unrelated to the use or activity on the property on which the sign is located and/or to any use or activity in the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes. The approximate sizes of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. D. “Changing message center” means an electronically controlled message center that displays different copy changes on the same lamp bank. E. “Directional sign” means a sign which is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits, and service areas, and may not exceed six square feet in area or 10 feet in height. For projects that have parking lots in excess of 500 spaces, the sign area may be 10 square feet and the sign height 15 feet. F. “Double-faced sign” means a sign with two faces. G. “Electrical sign” means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. H. “Facade” means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. I. “Flashing sign” means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the nonconstant light source is off at any one time. J. “Freestanding sign” means a sign that meets the definition of “ground sign” (also commonly referred to as a monument sign) or “pole sign.” Signs attached to fences or other structures that are not defined as buildings will be considered freestanding signs. Page 320 of 1253 Chapter 18.56 ACC, Signs Page 3 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. K. “Frontage” means the measurement, in linear feet, of the length of the property line for a single-tenant building or length of leased building frontage for multitenant buildings or multibuilding complexes. L. “Grade” means the relative existing ground level in the immediate vicinity of the sign. M. “Ground sign” means a sign attached to the ground and supported by the ground or a built- up landscaped area such that the sign appears solid with the ground. The height of a ground sign shall be measured from the surrounding grade. Also commonly referred to as a monument sign. N. “Identification sign” means a sign containing the name of the business establishment, occupant of the building or tenant space and/or address of the premises. O. “Incidental sign” means a sign that is generally informational and of a noncommercial nature intended primarily for the convenience of the public and having a maximum area of two square feet. Incidental signs include, but are not limited to: signs designating restrooms, hours of operation, entrances and exits to buildings and parking lots, help wanted, public telephones, etc. Also included are property control and warning signs such as “no trespassing,” “no dumping,” etc., and plaques, tablets or inscriptions which are an integral part of a building. P. “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall. Q. “Marquee” means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements. For the purpose of this chapter, a freestanding, permanent roof-like structure providing protection from the elements, such as a service station gas pump canopy, will also be considered a marquee. The term “marquee” also includes canopy. R. “Marquee sign” means any sign which forms part of or is integrated into a marquee and which does not extend horizontally beyond the limits of such marquee. For the purpose of this chapter, a marquee sign will be considered as a wall sign. S. “Median sign” means a sign that is placed within the median of a public street. Page 321 of 1253 Chapter 18.56 ACC, Signs Page 4 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. T. “Multiple-building complex” means a group of commercial or industrial structures, developed as a group either simultaneously or in phases, with more than one building per parcel. U. “Multiple-tenant building” means a single structure housing more than one retail business, office or commercial venture but not including residential apartment buildings, which share the same lot, access and/or parking facilities. V. “On-premises sign” means a sign which carries advertisements incidental to a lawful use of the premises on which it is located, including signs indicating the business transacted, services rendered, goods sold or produced on the premises, name of the person, firm or corporation occupying the premises. W. “Off-premises sign” means any sign which advertises an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured or furnished at a place other than on the property on which said sign is located. X. “Parapet” means a false front or wall extension above the roofline. Y. “Perimeter” means a square or rectangle required to enclose the sign area. Z. “Portable sign” means any sign made of any material, including paper, cardboard, wood or metal, which is capable of being moved easily and is not permanently affixed to the ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person. AA. “Premises” means the real estate as a unit, which is involved by the sign or signs mentioned in this chapter. BB. “Projecting sign” means a sign which is attached to a structure or building wall in such a manner that the leading edge extends more than 16 inches beyond the surface of said structure or wall but does not extend more than five feet beyond the property line, extends no more than six inches above any roofline, and meets all standards for ground clearance. Signs that meet the definition of “marquee sign” or “suspended sign” will not be considered a “projecting sign.” CC. “Real estate sign” means a portable sign erected by the owner, or the owner’s agent, advertising the real estate upon which the sign is located for rent, lease or sale. Page 322 of 1253 Chapter 18.56 ACC, Signs Page 5 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. DD. “Revolving sign” means any sign that rotates or turns in motion by electrical or mechanical means in a circular pattern. EE. “Roof sign” means a sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered as wall signs. Roof signs may not extend more than five feet in height above the roof. FF. “Sign” means any visual communication device, structure, or fixture which is visible from any right-of-way intended to aid a land use in promoting the sale or identification of a product, good or service using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall not be considered to be building or structural design. It shall be restricted solely to graphics, symbols, or written copy that is meant to be used in the aforementioned way. This definition shall include inflatable signs, balloons or other similar devices. GG. “Sign area” means: 1. The total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework that contains no written copy, and includes only one side of a double-faced sign. 2. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. 3. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. 4. Perimeter of sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. HH. “Sign height” means the vertical distance measured from the adjacent grade to the highest point of the sign. II. “Sign structure” means any structure that supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. Page 323 of 1253 Chapter 18.56 ACC, Signs Page 6 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. JJ. “Single-tenant building” means a commercial building or structure that contains one enterprise or occupant. Buildings within a multibuilding complex may not be considered a single-tenant building. KK. “Special event signage” means temporary signs including posters, flags, pennants, and inflatable materials; which are not the primary identification for the organization, event or product advertised; and which are primarily intended for very short-term promotional periods. LL. “Suspended sign” means a sign that is attached to and suspended from a marquee or canopy, and subject to right-of-way and clearance regulations. MM. “Temporary sign” means any sign or advertising display constructed of wood, vinyl, cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. This definition shall include inflatable signs. NN. “Traffic hazard” means any sign which does not meet city standards for clear zone or sight distance or which does not meet the requirements of the Americans with Disabilities Act. OO. “Wall sign” means a sign attached or erected parallel to and extending not more than 16 inches from the facade or face of any building to which it is attached and supported through its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. “Window signs” which do not meet the definition of a “temporary sign” shall be considered as wall signs. PP. “Window sign” means a sign located inside or affixed to windows of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. (Ord. 6591 § 4, 2016; Ord. 6501 § 4, 2014; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.025 Real estate signs. No sign permit is required, except as provided in subsection F of this section. All exterior real estate signs must be of wood or plastic or other durable material. The permitted signs are as follows: Page 324 of 1253 Chapter 18.56 ACC, Signs Page 7 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. A. Residential “For Sale” and “Sold” Signs. Such signs shall be limited to one sign per street frontage not to exceed five square feet in sign area per side, placed entirely on the property for sale, and not to exceed a height of seven feet. B. Residential Directional “Open House” Signs. Such signs shall be limited to one sign per street frontage on the premises for sale and three off-premises signs. However, if a broker/agent has more than one house open for inspection in a single development or subdivision, they are limited to four off-premises “open house” signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the broker/agent or seller or an agent is in attendance at the property for sale. No such sign shall exceed five square feet in sign area per side. The sign may be placed along the periphery of a public right-of-way, provided it does not interfere with traffic safety, but it may not be attached to a utility pole or traffic safety device. C. Undeveloped Commercial and Industrial Property “For Sale or Rent” Signs. One sign per street frontage advertising undeveloped commercial and industrial property for sale or for rent is permitted while the property is actually for sale or rent. The sign shall not exceed 32 square feet in sign area per side and eight feet in height. D. Developed Commercial and Industrial Property “For Sale or Rent” Signs. One sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than 10 feet from the building line, the sign shall be placed on the building or in a window. The sign shall not exceed eight feet in height; if freestanding, it shall be located more than 15 feet from any abutting property line and a public right-of-way line. Said sign shall not exceed 32 square feet in sign area per side. E. Undeveloped Residential Property “For Sale” Signs. One sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding 32 square feet in area per side, nor exceeding a height of eight feet. If the sign is greater than five square feet in area, it must be placed more than 30 feet from the abutting property line. F. Additional Signs. The planning, building and community director may grant a special permit to allow temporary off-premises signs in addition to those permitted above, not to exceed five square feet in size per side, or 42 inches in height. Notice of adjacent property owners shall not be required. Such additional signs may be used to advertise open houses, to provide directions to new developments, or similar purposes. Such signs may be placed along the periphery of the Page 325 of 1253 Chapter 18.56 ACC, Signs Page 8 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. public right-of-way, provided they do not interfere with traffic safety, but they may not be attached to utility poles or traffic safety devices. The planning, building and community director shall determine the number and locations of such signs, and the period during which they may be displayed. The planning, building and community director shall take into account the number of existing signs in any proposed location, and shall limit or prohibit new ones so as to prevent a traffic safety hazard or a detrimental effect on neighboring property. (Ord. 5993 § 1, 2006.) 18.56.030 General provisions, all districts. A. Community Signs. The planning, building and community director may approve and permit to be erected entrance signs, at or near the city limits, on city public right-of-way or on privately owned parcels with the owner’s permission, on which may be listed institutional names, service clubs or organizations or points of interest or similar public information. Right-of-way use permits may be required for signs located in the public right-of-way. B. Temporary Signs. 1. Special event signage may be allowed subject to the following: a. Use of such signage is limited to 10 days per display, not to exceed 10 days in any 90-day period; b. The area of any single sign shall not exceed 30 square feet; 2. Banners may be allowed subject to the following: a. No more than two such signs may be used per site at any given time; b. Use of such signs is limited to 90 consecutive days, and may not exceed 90 days in any 120-day period; c. The area of any single banner used by a single business on a site shall not exceed 32 square feet; 3. Signs which are placed upon or within a window and which are intended to be viewed from the right-of-way shall not exceed 50 percent of the window area; Page 326 of 1253 Chapter 18.56 ACC, Signs Page 9 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 4. Permits are not required, except that signs exceeding the allowable size and time duration must receive a permit issued by the planning, building and community director if special circumstances exist that warrant the additional signage. C. Civic Events. Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Auburn public works department. D. Sign Lighting Provisions. 1. All lighting shall be arranged to reflect away from any residential zone. No person shall construct, establish, create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with wattage in excess of 25 watts; b. Any exposed incandescent lamp with a metallic reflector; c. Any exposed incandescent lamp with an external reflector; d. Any revolving beacon light; e. Any continuous or sequential flashing operation, except as allowed for changing message center signs in subsection F of this section; 2. The provisions of subsection (D)(1) of this section shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or highway or street illumination; b. Aircraft warning lights. E. Construction Provisions, Sight Distance, Exposed Angle Iron and Wire. 1. Each sign shall be adequately constructed in accordance with the requirements of the International Building Code, as amended; 2. Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker; Page 327 of 1253 Chapter 18.56 ACC, Signs Page 10 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 3. Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the city of Auburn engineering design standards; 4. When a projecting sign is used, no angle irons, guy wires or braces shall be visible, except those that are an integral part of the overall design, such as decorative metals or woods, or unless they are required for safety. F. Changing Message Center Signs. Where permitted under this chapter, changing message center signs shall comply with the following requirements; provided, that changing message center signs that only display time and temperature or similar public service information shall be exempt from these requirements. 1. Where Allowed. Changing message center signs shall only be allowed in the I, P-1, C-1, C- 2, DUC, C-3, M-1 and M-2 zones. a. In the I and C-1 zones, changing message center signs shall only be allowed on frontages along a collector, minor or principal arterial street. b. In the I zone, no changing message center sign shall operate between the hours of 10:00 p.m. and 6:00 a.m. c. In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to Auburn Way North/Auburn Way South street frontages. (For other sign standards for the DUC zone, see ACC 18.29.060(I).) 2. Number. No more than one changing message center sign per street frontage shall be permitted on each property. 3. Sign Face Area. Except in the I and P-1 zones, the changing message center shall not constitute more than 75 percent of a sign’s total sign face area. 4. Display. a. The display of the sign shall not change more rapidly than once every one and one- half seconds. b. No scrolling message shall require more than five seconds to be displayed in its entirety. 5. Light Levels. Page 328 of 1253 Chapter 18.56 ACC, Signs Page 11 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. a. Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. b. At no time shall a changing message center sign be operated at a brightness level greater than the manufacturer’s recommended levels. c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority to require a sign permit application to include information to ensure the intent of this requirement is met. d. The brightness level shall not exceed 8,000 nits when measured from the sign’s face at its maximum brightness during daylight hours and 500 nits when measured from the sign’s face at its maximum brightness between dusk and dawn. 6. On-Premises Advertising Only. Changing message center signs shall only advertise on- premises products and services, or display public service messages or messages on behalf of not-for-profit organizations. 7. Additional Requirements. A copy of the manufacturer’s operating manual shall be provided to the city upon request. 8. Amortization. All changing message center signs that do not comply with the requirements of subsections (F)(4) and (5) of this section shall be brought into compliance with those requirements by April 1, 2009. G. Change of Copy. The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to pay any additional fees. H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not the intent of this chapter to regulate the following signs: 1. The flag of a government or noncommercial institutions such as schools, with the poles treated as structures; 2. Official public notices, official court notices; 3. Incidental signs (see ACC 18.56.020(O), definitions); Page 329 of 1253 Chapter 18.56 ACC, Signs Page 12 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 4. Signs not visible from public right-of-way; 5. Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable vehicle; 6. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; 7. Religious symbols not attached to a permitted sign; 8. Memorial signs or tablets, names of buildings, dates of erection and the like, which are incorporated into the building material and facade; 9. Signs required by law, traffic or pedestrian control signs, signs indicating scenic or historic points of interest, which are erected by or on the order of a public officer in the performance of their public duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. I. Prohibited Signs. From and after the effective date of the ordinance codified in this chapter it shall be unlawful for any person to erect or place within the city, except as otherwise authorized: 1. A swinging projecting sign; 2. Portable signs, except as permitted by ACC 18.56.025 (Real estate signs), ACC 18.56.040(E) (C-2 Zoning District), and ACC 18.29.060(I) (Signs); 3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similar devices, except as permitted by subsection B of this section (Temporary Signs); 4. Flashing signs, except as permitted in subsection D of this section (Sign Lighting Provisions); 5. Changing message center signs, except as allowed in the I, P-1, C-1, C-2, C-3, M-1 and M- 2 zones; Page 330 of 1253 Chapter 18.56 ACC, Signs Page 13 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 6. Signs attached to, or placed on, a vehicle or trailer parked on private or public property that is not associated with the business advertised on said sign(s). This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; 7. Private signs placed in or on a public right-of-way, except for as expressly permitted by this chapter; 8. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, coloring, or method of illumination, or by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic; 9. Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed; 10. Signs attached to poles installed by governmental agencies, utility poles, trees, rocks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the public right-of-way; 12. Rotating signs; 13. Billboards; 14. Any sign which does not structurally or materially conform to the requirements of the city’s adopted International Building Code. J. Nonconforming Signs. Permanent signs established legally prior to the adoption of the ordinance codified in this chapter that do not conform to the regulations of this chapter with regard to number, size, height or location shall be allowed to remain as legal nonconforming signs except as follows: Page 331 of 1253 Chapter 18.56 ACC, Signs Page 14 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. Whenever a new building replaces the principal building. 2. When there is an expansion of an existing building, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including the cumulative increase of previous expansions after the effective date of the ordinance amending this section). 3. Whenever a nonconforming use is replaced by a conforming use, the requirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoning district. 4. Any sign, including the sign structure, now or hereafter existing which no longer advertises a bona fide business conducted or a product sold. Such sign(s) shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign may be found within 90 days after written notification from the building official. K. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals. In approving master sign plans under the provisions of this subsection, the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used. Master signage plans shall be recorded. L. Maintenance and Safety. All permanent, temporary and portable signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition. Failure to maintain a sign(s) in accordance with this subsection shall be subject to the code compliance provisions of the Auburn City Code. (Ord. 6828 § 1 (Exh. A), 2021; Ord. 6591 § 6, 2016; Ord. 6501 § 6, 2014; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.040 Regulation by district. A. RC, R-1, R-2, R-3, R-4, and R-R, R-S, LHRS, R-1, LHR-1, R-2, LHR-2, R-3, LHR-3, R-4, LHR-4, R- MHP, Zones LHRMHP Zoning Districts (Nonresidential Uses, Except As Noted). Page 332 of 1253 Chapter 18.56 ACC, Signs Page 15 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. Residential Entry Monument. A cumulative area of 50 square feet or 10 feet in height (highest point of sign structure) not to exceed two per entrance; provided, that no sign exceeds 32 square feet in area. 2. Maximum sign area of all signs is 40 square feet per frontage. 3. Freestanding Signs. a. Total number permitted: One per frontage not to exceed two total freestanding signs per property. b. Maximum height: 10 feet. c. Maximum area: 32 square feet per face, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. The minimum entitlement for freestanding signs shall be one 16-square-foot sign for those sites with frontages less than 48 feet. 4. Wall Signs (for Building or Tenant Space). a. Total number permitted: One per frontage not to exceed two total wall signs per building. b. Maximum area: 32 square feet, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. The minimum entitlement for wall signs shall be one 16-square-foot sign for those sites with frontages less than 48 feet. 5. Signs may be indirectly illuminated only. B. R-FO, R-NMO-H, and C-N, C-1 , LHC-1 and B-P Zoning DistrictsZones (Nonresidential Uses). 1. Maximum sign area of all signs is 150 square feet per frontage. 2. Freestanding Signs. a. Total number permitted: One per frontage not to exceed two total. b. Maximum height: 22 feet, 10 feet in the R-FO zone. c. Maximum area: 100 square feet per face, 75 square feet per face in the RO zone, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Page 333 of 1253 Chapter 18.56 ACC, Signs Page 16 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Minimum entitlement for freestanding signs shall be one sign at 32 square feet for those sites with less than 64 feet of frontage. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight-line distance must separate multiple pole signs. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: One per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every one and one-half lineal feet of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. c. Signs may be directly or indirectly illuminated. 4. Suspended Signs. a. Total number permitted: One per entrance. b. Maximum area: Six square feet per face. c. Minimum clearance is eight feet from sign to grade. 5. Projecting Signs. a. Not permitted in C-N, R-FO or R-NMO-H. b. Total number permitted: One in lieu of a permitted freestanding sign. c. Maximum height: Height requirement of the zoning district. d. Maximum area: 50 percent of the area allowed for single freestanding sign. C. P-1 and, LHP-1, I and LHI Zones. 1. Freestanding Signs. Page 334 of 1253 Chapter 18.56 ACC, Signs Page 17 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. a. Total number permitted: One per frontage not to exceed two total. b. Maximum height: 18 feet. c. Maximum area: 80 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs is one sign at 32 square feet. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight-line distance must separate multiple pole signs. e. For projects, parcels or complexes that have a single street frontage and more than 300 feet of street frontage, a changing message center sign may be permitted for a total of two signs per frontage subject to the following: i. Only one changing message center is provided. ii. Multiple signs are separated by at least 150 feet. iii. The combined area of the two signs does not exceed 120 square feet in size and neither sign is greater than 80 square feet in size. 2. Wall Signs (for Building or Tenant Space). a. Total number permitted: Two per street frontage. b. Maximum area: 50 square feet for total of all wall signs per frontage. c. Signs may be directly or indirectly illuminated. D. L-F, M-1 and M-2 Zoning DistrictsZones. 1. Maximum sign area of all signs is 150 square feet per frontage. 2. Freestanding Signs. a. Total number permitted: Two per frontage not to exceed four total. b. Maximum height: 30 feet. Page 335 of 1253 Chapter 18.56 ACC, Signs Page 18 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. c. Maximum area: 125 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. f. Multiple freestanding signs must be separated by 150 feet measured in a straight- line distance. 3. Wall Signs (for Building or Tenant Space). a. Total number permitted: One per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every one and one-half lineal feet of frontage. 4. Projecting Signs. a. Total number permitted: One in lieu of a permitted freestanding sign. b. Maximum height: Height requirement of the zoning district. c. Maximum area: 50 percent of the area allowed for single freestanding sign. EE. C-2 Zoning District. 1. Maximum sign area of all signs is 200 square feet. 2. Hanging signs that are designed to display the availability of a specific product in a business, limited to three square feet and no more than two such signs per business, shall be considered permanent signs, but shall not be calculated as part of the maximum allowed signage. 3. Freestanding Signs. a. Freestanding signs are not allowed on properties abutting or oriented toward Main Street. Page 336 of 1253 Chapter 18.56 ACC, Signs Page 19 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. b. Total number permitted: One per frontage not to exceed two total. c. Maximum height: 20 feet. d. Maximum area: 75 square feet per face, calculated at a rate of one square foot of sign area for each lineal foot of frontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet. 4. Wall Signs. a. Total number permitted: One per frontage. b. Maximum area: 150 square feet, calculated at a rate of one square foot of sign area for every one lineal foot of frontage. For multitenant buildings where freestanding signage contains the name of not more than one tenant business (e.g., a prime tenant name or a shopping center name), an additional 25 percent of wall signage per tenant space shall be allowed. This increase in signage shall not apply to minimum entitlement for wall signs, which shall be one sign at 16 square feet. 5. Suspended Sign. One double-face suspended sign, not exceeding three square feet per face, may be allowed for each business entrance. There shall be a minimum of eight feet of clearance between the grade and the sign. 6. Portable Signs. One portable sign may be allowed for each business entrance, not to exceed one portable sign per building frontage, subject to the following: a. May be placed within public right-of-way subject to the guidelines provided by the planning, building and community director in consultation with the city engineer such that sign does not interfere with pedestrian or vehicular traffic and conforms to the requirements of the Americans with Disabilities Act. b. May not exceed 36 inches in height and 30 inches in width and be limited to two faces. c. May be displayed during business hours only. d. Must be constructed of either wood or another sturdy material to ensure stability in the wind. e. May not move, spin, flash, or otherwise be animated. Page 337 of 1253 Chapter 18.56 ACC, Signs Page 20 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. f. Shall meet applicable supplemental design requirements of the Auburn downtown association. 7. Supplemental Sign Standards, C2 Zone. a. Sign Design and Construction. i. All signs, other than temporary signs, shall be made of professional, durable materials such as wood, metal, and/or glass. ii. Signs that are indirectly illuminated shall have their light sources shielded from view. iii. Internally illuminated signs are not permitted abutting or oriented toward Main Street. b. Sign Placement. i. Signs shall be oriented toward pedestrian visibility and shall be positioned at such a height as to be readable by pedestrians. ii. Externally mounted wall signs shall not be mounted so as to block building windows. F. C-32 Zoning District.Zone. 1. Freestanding Signs. a. Total number permitted: Two per frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximum area: 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage; provided, that the maximum size of any sign does not exceed 125 square feet per face. The minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. The maximum height of signs located on a second or third frontage shall be 20 feet. Page 338 of 1253 Chapter 18.56 ACC, Signs Page 21 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 2. Wall Signs (for Building or Tenant Space). Maximum area: 125 square feet, calculated at a rate of one square foot of sign area for every one and one-half lineal feet of frontage. 3. Projecting Signs. a. Total number permitted: One in lieu of a permitted freestanding sign. b. Maximum height: Height requirement of the zoning district. c. Maximum area: 50 percent of the area allowed for single freestanding sign. 4. Suspended Signs. a. Total number permitted: One. b. Maximum placement height: 25 feet. c. Maximum area: Six square feet per face. d. Minimum clearance is eight feet from sign to grade. 5. Off-Premises Signs. a. Total number permitted: One per business and one per parcel. b. Location: Off-premises sign must be located in zone that permits off-premises signs. c. Maximum height: 20 feet. d. Maximum area: 50 percent of the area allowed for single freestanding sign, calculated using the feet of frontage of the site where the sign is located. e. Must be within 750 feet of the business being advertised. f. Must be separated from any existing pole sign a minimum distance of 150 feet measured in a straight-line distance. g. Sign can be no more than two faces. h. Signs may be directly or indirectly illuminated. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) Page 339 of 1253 Chapter 18.56 ACC, Signs Page 22 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 18.56.050 Administrative provisions. A. Permits Required. Except as provided in subsection B of this section, no signs shall hereafter be erected, re-erected, constructed, altered, or maintained, except as provided by this chapter and, when required, a building permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity and/or a separate permit shall be required for each group of signs on a single supporting structure. 1. Application for Permits. Application for sign permits shall be made to the building official on a form as provided by the building division. Such application shall require: a. Name of business and address where work is to be performed. b. Name and address of property owner. c. Name and title of the person completing the application. d. Name, address and telephone number of the person or firm doing the work and preferably the owner of said establishment. e. Washington contractor’s registration number, industrial use permit number, sales tax number. f. A site plan showing location of the sign in relation to buildings, property lines and street right-of-way including the size and location of all existing signs on the property. g. A scale drawing of the proposed sign or sign revision showing size, height, copy, structural and footing details, and material specifications. h. A description of work to be performed and type of sign. i. Electrical load with name of electrical contractor responsible for installation of service feed wires if other than sign contractor. j. Structural engineer’s stamp required on those signs and sign structures subject to wind and seismic forces. 2. Revocation of Permit. The building official may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued in error or on the Page 340 of 1253 Chapter 18.56 ACC, Signs Page 23 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter. 3. Permit Fee Schedule. The fees prescribed in the city’s fee schedule must be paid to the city for each sign installation for which a permit is required by this chapter and must be paid before any such permit is issued by the building official. Fees for building permits for each sign erected, installed, affixed, structurally altered, relocated, or created by painting shall be set in accordance with the city’s fee schedule. 4. Sign permits shall be processed in accordance with the relevant timelines and procedures identified in ACC Title 14, Project Review. B. Interpretation. In all applications for permits where a matter of interpretation arises, the most restrictive definition shall prevail. (Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.060 Deviations, variances and appeals. A. The planning, building and community director may grant up to a 50 percent deviation to the provisions of this sign code related to sign height and sign area. In a petition for a deviation, the planning, building and community director shall have the power and duty to review, decide, grant, grant with conditions or deny the requested deviation. The planning, building and community director may grant a deviation from the provisions of this chapter only when the deviation is within 50 percent of the entitlement and all of the following findings of fact are met: 1. The literal interpretation and strict application of the provisions and requirements would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and 2. The granting of the requested deviation would not be materially detrimental to the public welfare or injurious to the property or property owners in the vicinity; and 3. The granting of the deviation would not be contrary to the general objective and intent of this chapter, this title, or the comprehensive plan. B. An applicant requesting an administrative deviation under the provisions of this chapter shall submit the following, along with the required filing fee: Page 341 of 1253 Chapter 18.56 ACC, Signs Page 24 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. A letter in memorandum format outlining how the request is consistent with the criteria of this subsection. 2. A site plan that accurately drawn to an engineered scale of one inch equals 40 feet, one inch equals 20 feet or one inch equals 10 feet that includes the following information: a. Boundaries and dimensions of the site; b. Location of buildings, parking areas and adjacent streets; c. Graphic representations of all existing signs including their size, height and placement on the site; d. Graphic representation of the proposed sign(s) subject to the request; e. Building elevation showing the placement of the sign on that elevation, if applicable. C. The action of the planning, building and community director rejecting, approving or modifying any decision or application is a final administrative decision subject to appeal to the city’s hearing examiner. Appeals of administrative decisions with regard to this chapter shall be processed consistent with ACC 18.70.050. D. The planning, building and community director shall render a written decision on the requested deviation request within seven business days of submittal of all required elements and filing fee. E. Requests that exceed the 50 percent deviation or those not related to allowable sign height or sign area shall be processed as a variance in accordance with ACC 18.70.010. F. The planning, building and community director may allow for the repair or replacement of nonconforming signs that have a significant historical or cultural element or are integral components of a building roof or facade that has a significant historical or cultural element to which the sign is a contributing component. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) Page 342 of 1253 Chapter 18.56 ACC, Signs Page 25 of 25 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 18.56.070 Liability. This chapter shall not be constituted to relieve from or lessen the responsibility of any person owning, building, altering, constructing, removing or moving any sign in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized herein or a certificate of inspection issued by the city or any of its agents. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 18.56.110.) 18.56.080 Conflicts repealed. All sections or parts of sections of the municipal code, all ordinances and all resolutions or parts of resolutions, in conflict herewith, be and the same are repealed to the extent of such conflict. (Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987. Formerly 18.56.120.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 343 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 1 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 18.57 STANDARDS FOR SPECIFIC LAND USES Sections: 18.57.010 Intent. 18.57.015 Applicability. 18.57.020 Industrial, manufacturing and processing, wholesaling. 18.57.025 Recreation, education and public assembly. 18.57.030 Mixed-use development. 18.57.035 Retail. 18.57.040 Services. 18.57.045 Transportation, communication and infrastructure. 18.57.050 Vehicle sales and services. 18.57.010 Intent. This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts. (Ord. 6435 § 1, 2012.) 18.57.015 Applicability. The land uses and activities covered by this chapter shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this zoning code. The standards for specific land uses in this chapter supplement and are required in addition to those in ACC 18.23.040 and 18.35.040, Development standards. (Ord. 6435 § 1, 2012.) 18.57.020 Industrial, manufacturing and processing, wholesaling. A. Outdoor Storage, Incidental to Principal Permitted Use on Property. Page 344 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 2 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. C-23 Zone. Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 10 percent of the lot. b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of the principal structure; provided also, that for corner lots no outdoor storage is allowed between a building and a side street lot line. For through lots, the location for outdoor storage shall be determined by the planning director. c. Outdoor storage shall not be located in a required yard/setback area. d. Outdoor storage shall not be permitted on undeveloped lots. e. Outdoor storage shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, through an administrative variance, subject to the procedures of ACC 18.70.015(A)(2). f. Outdoor storage areas shall be landscaped in accordance with ACC 18.50.040(C)(5). g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. h. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and usable condition. i. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not permitted. 2. M-1 Zone. Outdoor storage is subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot. b. Meet requirements of subsections (A)(1)(b) through (i) of this section. 3. M-2 Zone. Outdoor storage is subject to the following requirements: a. Outdoor storage shall be landscaped in accordance with ACC 18.50.040(C)(5). b. Outdoor storage shall not be permitted on undeveloped lots. c. Outdoor storage shall be limited to 30 feet in height. Page 345 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 3 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. B. Storage – Personal Storage Facility (Mini-Storage). 1. All Zones Where Permitted. a. The design of facades, landscaping and lighting of premises shall be compatible with the intent of the applicable district. b. Storage unit doors shall be screened or located so as to not be visible from residential property. c. There shall be no outside storage of goods or materials of any type at the personal storage facility except that of wheeled vehicles (recreational vehicles, campers, trailers, trailer-mounted boats, motorized vehicles, etc. – but not inoperable motor vehicles). Such vehicles may be stored in areas that have been specifically designated and set aside for such use, in accordance with the following: i. Vehicles shall be screened from view of public, residential and other commercial property with sight-obscuring fencing or berms at least eight feet in height. When berms are used they shall be landscaped with shrubbery and/or trees. ii. Storage of recreational vehicles and trailer-mounted boats shall not occur in required parking spaces, drives and/or lanes between storage buildings, parking lanes, or within required building setbacks. iii. No vehicle or boat maintenance, washing, or repair shall be permitted. d. Storage units shall not be used for manufacturing, fabrication, processing of goods, conducting servicing or repair; nor used to conduct garage sales or retail sales; nor conduct any other commercial or industrial activity. C. Warehousing and Distribution. 1. All Zones Where Permitted. a. Motor freight transportation is permitted but only as an incidental use to the principal use of the property. b. Loading and unloading docks shall not be visible from the street. If this requirement cannot be met, an additional 10-foot width of landscaping along the Page 346 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 4 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. abutting street, meeting the provisions of ACC 18.50.040(C) (Landscape Design and Planting Requirements), is required. c. All odors, noise, vibrations, heat, glare, or other emissions shall be controlled within the confines of a building unless specifically permitted elsewhere by this title. d. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6435 § 1, 2012.) 18.57.025 Recreation, education and public assembly. A. Commercial Recreation Facility, Outdoor. 1. All Zones Where Permitted. a. Facility shall not be located within 300 feet of an existing residential zone. The planning director may allow a reduction in this setback, not to exceed a minimum setback of 50 feet, after review of an acoustic study completed by a licensed professional showing that the facility would not exceed maximum noise levels permissible in identified environments as determined by Chapter 173-60 WAC, as amended. b. The planning director may require an acoustic study for any proposed facility which could have or create a noise exposure greater than that deemed acceptable. Upon review of the study, increased setbacks, noise avoidance or mitigation measures may be imposed. c. Outdoor speakers and sound amplification shall not be permitted for uses immediately next to residential uses. d. Access to such facilities shall be from a public arterial or collector road as defined on the currently adopted City of Auburn Street Functional Classification Map. (Ord. 6435 § 1, 2012.) Page 347 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 5 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 18.57.030 Mixed-use development. A. All Zones Where Permitted. 1. Multiple-family dwellings shall only occur concurrent with or subsequent to the development and construction of the nonresidential components of the mixed-use development unless a different sequence is allowed in the following code sections. 2. Vertical Mixed-Use. a. Mixed-use development comprised of a maximum of one building on a development site shall have a minimum of 50 percent of the ground floor comprised of one or more of the uses permitted outright, administratively, or conditionally, listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” in Table 18.23.030; provided, that uses normal and incidental to the building including, but not limited to, interior entrance areas, elevators, waiting/lobby areas, mechanical rooms, mail areas, garbage/recycling/compost storage areas, and vehicle parking areas located on the ground floor shall occupy a maximum of 50 percent of the ground floor space. 3. Horizontal Mixed-Use. a. Mixed-use development comprised of two or more buildings shall have a minimum of 25 percent of the cumulative building ground floor square footage comprised of one or more of the uses permitted outright, administratively, or conditionally, listed under “Recreation, Education, and Public Assembly,” “Retail,” or “Services” in Table 18.23.030; provided, that uses normal and incidental to the building including, but not limited to, interior entrance areas, elevators, waiting/lobby areas, mechanical rooms, mail areas, garbage/recycling/compost storage areas, and vehicle parking areas located on the ground floor shall not be included in this 25 percent requirement. b. Mixed-use development comprised of two or more buildings (horizontal mixed-use) shall be arranged with the required nonresidential building(s) located adjacent to the public street or private street and the residential building located behind. For a corner lot or through lot, the nonresidential building(s) shall be located adjacent to the higher classification street. B. C-2 Zone. Page 348 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 6 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. Vertical mixed-use development is required. 2. All other requirements of subsection A of this section shall apply. BC. C-32 Zone. 1. One thousand two hundred (1,200) square feet of lot area is required for each dwelling unit. 2. All other requirements of subsection A of this section shall apply. CD. C-AG4 Zone. 1. Vertical or horizontal mixed-use is allowed. 2. Multiple-family dwellings may be constructed prior to the development and construction of the nonresidential components of the mixed-use development; provided, that the nonresidential components of the master plan are development ready (i.e., wet and dry utilities are extended to future commercial pads) and required frontage improvements as determined by the community development director are completed. DE. M-1 Zone. 1. Vertical mixed-use development is required. 2. Ground floor uses shall be comprised of one or more of the uses permitted outright, administratively, or conditionally, listed under “Retail” or “Services” in Table 18.23.030. All other requirements of subsection A of this section shall apply. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6728 § 5 (Exh. E), 2019; Ord. 6644 § 3, 2017; Ord. 6478 § 1, 2013; Ord. 6435 § 1, 2012.) 18.57.035 Retail. A. Building and Landscape Materials Sales. 1. All Zones Where Permitted. a. Landscape materials displayed outdoors are limited to plants, soils, gravel, and fertilizer. No soil mixing is allowed. Page 349 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 7 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. b. Stored materials other than landscape plant materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of-way or adjacent residential zone or use and shall not be located in any of the required setbacks. c. Stored building supplies and landscaping materials shall be limited to 15 feet in height. The planning director may authorize an increase in height, up to 50 percent, through an administrative variance, subject to the procedures of ACC 18.70.015(A)(2). B. Repealed by Ord. 6885. C. Nursery. 1. All Zones Where Permitted. a. Aerial application of any pesticides, fungicides, fertilizer or any other chemical shall be prohibited. b. Operation of heavy equipment is prohibited. c. Outdoor storage and display of landscape plant materials (excluding elements such as mulch, pebbles, gravel stone, fertilizer, wood, sculptures, furniture, etc.) is permitted, but shall not be located in the required setbacks. Chain link fences, with black or green vinyl covering, are permitted for security purposes. d. Stored materials other than landscape plant materials shall be completely screened by walls or buildings and shall not protrude above the height of the enclosing walls or buildings or be visible from a public right-of-way or adjacent residential districts or use and shall not be located in any of the required setbacks. D. Outdoor Displays and Sales. 1. All Zones Where Permitted. a. Only the business or entity occupying the principal use or structure shall sell merchandise in the outdoor display areas. Other off-site businesses or vendors may be allowed to sell merchandise or hold a temporary event in the outdoor display areas provided the sale/event is conducted for three days or less, not visible from a public street, does not block required pedestrian or vehicle access, and a party submits a Page 350 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 8 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. written description of their intended use of the property to the city a minimum of seven calendar days prior to use and abides by any written conditions of use required by the city. If any of the aforementioned requirements cannot be met, a temporary use permit subject to the provisions of Chapter 18.46A ACC is required. b. All outdoor displays must be located on the same lot as the principal use. c. Such outdoor display is permitted in any front or side yard, subject to a minimum setback of 20 feet from an adjoining property line. d. Merchandise shall not be placed or located where it will interfere with pedestrian or building access or egress, required vehicular parking and handicapped parking, aisles, access or egress, loading space parking or access, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress. e. The height of displayed merchandise shall not exceed the height of any fence or wall or 10 feet, whichever is less. f. Outdoor display areas shall not be located on any parking spaces needed to comply with the minimum parking ratios in Chapter 18.52 ACC, Off-Street Parking and Loading. Outdoor display areas shall be considered part of the floor area of the principal use or structure for purposes of computing the minimum number of parking spaces required. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6435 § 1, 2012.) 18.57.040 Services. A. Animal Daycare. 1. All Zones Where Permitted. a. All pets shall be properly licensed. b. For any dog that has been designated as a “dangerous dog” or “potentially dangerous dog” as defined by the Auburn City Code (ACC), the operator shall verify that the owner has complied with the regulations (on noticing, licensing, certificate of registration, restraining, etc.) contained in Chapter 6.35 ACC, Dangerous Dogs. The Page 351 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 9 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. owner shall ensure the facility meets the requirements for a “proper enclosure” as set forth in ACC 6.01.010(A)(27). c. All fenced exercise areas must be at least 50 feet from a habitable residential structure. d. Adequate screening shall be required when abutting any residential use. e. General care of pets must be confined to inside of building and under supervision. f. Pets are permitted to be walked or exercised outside of building only under supervision and in accordance with all other applicable ordinances and laws. g. The exterior appearance of an animal daycare building must be compatible with the appearance of neighboring properties. B. Animal Sales and Services. 1. All Zones Where Permitted. a. All sales and services shall be for household pets only. b. Overnight boarding is allowed within a completely enclosed building; however, animal services or sales uses over 20,000 square feet in gross floor area that use a majority of their gross floor area for retail sales shall have no more than 15 percent of their gross floor area devoted to overnight boarding. c. Animal sales and services use must be completely enclosed except that outdoor animal runs or other areas in which dogs will be allowed outside of an enclosed structure off leash (hereinafter “outdoor run”) are allowed subject to compliance with the following conditions: i. Outdoor runs shall not be permitted within 50 feet of a habitable residential structure. ii. The outdoor run may operate only between the hours of 8:00 a.m. and 6:00 p.m. Page 352 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 10 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. iii. The facilities shall be constructed, maintained and operated so that neither the sound nor smell of any animals boarded or kept on the premises during the time that full enclosure is required can be discerned on other lots. C. Kennels, Animal Boarding. 1. All Zones Where Permitted. a. All pens shall be enclosed in an enclosed building. b. The property on which the kennel is to be located shall be no closer than 100 feet to any residential zone. c. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8:00 a.m. and 6:00 p.m. d. The facility must be air conditioned. e. Exercise runs or facilities shall be a minimum of four feet by 10 feet. f. The facility shall maintain a minimum total of 25 square feet of kennel area per animal. This area may be comprised of cage area, runs, or exercise facilities. g. Any outdoor areas used for animal containment or exercise shall be maintained by removing animal waste on a daily basis for proper disposal as solid waste. h. Any runoff, wash-down water, or waste from any animal pen, kennel, containment, or exercise area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and shall not be allowed to enter the stormwater drainage or surface water disposal system. i. Strained solids and hair shall be properly disposed of as solid waste. D. Repair Service – Equipment, Appliances. 1. C-1 , C-2, and C-AG4 Zones. a. Any repairing done on the premises shall be incidental only and limited to custom repairing of the types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed 30 percent of the total floor area occupied by the particular enterprises. Page 353 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 11 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. E. Youth Community Support Facility. 1. Youth community support facilities shall be located within 500 feet (walking distance) of a transit stop and connected via sidewalks or an approved pedestrian facility. (Ord. 6688 § 1 (Exh. 1), 2018; Ord. 6435 § 1, 2012.) 18.57.045 Transportation, communication and infrastructure. A. Towing Storage Yard. 1. M-1 and M-2 Zone. a. Motor vehicle(s) shall not remain on the property for more than 120 days. b. Motor vehicle(s) may not be repaired, restored, rebuilt, or otherwise altered on the property. c. Motor vehicle(s) shall not be stacked vertically. d. Vehicle parts and scrap metal shall not be stored on the property. e. The sale of motor vehicles shall not be permitted. f. The towing storage yard shall be landscaped in accordance with ACC 18.50.040(C)(5). g. Any motor vehicles which are damaged so as to be leaking fluid shall be brought to a impervious surface where all fluids shall be contained and disposed of in conformance with all state and federal regulations. h. The applicant shall install a separator or other generally accepted industry device or practice that provides equal protection to prevent any leaking fluids from the motor vehicles from entering the soil or surface waters. (Ord. 6435 § 1, 2012.) 18.57.050 Vehicle sales and services. A. Automobile Washes (Automatic, Full or Self-Service). Page 354 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 12 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. All Zones where Allowed. An automatic, full – or self-service car wash shall comply with the following standards: a. Proper functioning of the site as related to vehicular stacking, circulation, and turning movements. b. The use of outdoor speakers is prohibited. c. Car washes/detailing shall be located at least 50 feet from any residential zone, use, or structure. d. Car wash openings must be oriented away from residential zones, use or structures. B. Auto/Vehicle Sales and Rental. 1. C-1 Zone. a. The business shall be located on a principal or minor arterial as defined by the comprehensive transportation plan; b. No repairing, painting or body work shall be conducted outside of a building; c. If abutting an R zone, a sight-obscuring fence or landscape screen shall be required; d. A minimum of a 25-foot setback shall be required of any building from any R zone; e. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-1 uses in the vicinity. C. Fueling Station. 1. C-2 Zone. a. The fueling station must be accessory to an existing retail/service establishment in which the principal tenant has a minimum floor area of at least 25,000 square feet. The principal tenant must own and/or manage the station. The station must be located on the same parcel of property as the principal tenant and the property must be at least 100,000 square feet in area. Page 355 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 13 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. b. The station must be located on the property to minimize the amount of conflict to the pedestrian traffic. c. The station must be located on and have direct access to an arterial using existing curb cuts and driveways whenever practical. If the curb cuts and driveways do not meet current city standards, then they shall be brought up to such standards. d. The station cannot interfere with the existing parking and/or traffic circulation on the property. There shall be enough room on the property to allow for adequate stacking space for vehicles waiting for fuel in order to avoid cars interfering with vehicles on the street. The facility cannot reduce the amount of parking required by the zoning code. e. The station shall have a roof that covers all activities including the pay window, refuse containers, fuel pumps and the adjacent parking area for the cars being fueled. The area that is covered by the roof of the facility shall be no larger than 6,000 square feet. The number of pumps shall be limited to five such that no more than 10 vehicles may be fueled at any one time. f. Columns or similar architectural features shall be provided that screen the visibility of the pump islands as well as give the visible impression of enclosing the structure. If necessary, provisions must be made to avoid a safety issue of enclosing any fumes associated with the fueling of the vehicles. The overall height of the facility shall not exceed 20 feet. g. The design, architectural treatment and streetscape features of the station must be consistent with the design concepts as outlined in paragraph “P” of Section 1.4 of the downtown plan as well as provide some design continuity between the facility and primary structure. h. Any other products for sale shall only be displayed within the building containing the pay window and any such products shall be incidental to automobile care/maintenance, or snacks and beverages. No sales of alcoholic beverages will be allowed. i. Signs shall be limited to permanent wall signs, attached to the face of the canopy, only. Page 356 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 14 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. j. The application for the administrative use permit shall illustrate how it complies with these standards. 21. Other All Zones Where Permitted. a. Fueling station canopies shall not exceed 20 feet in height or the height of the principal building, whichever is less. b. Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors, and roof pitch. c. Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface more than two inches. d. All surfaces for exterior building facades or canopies shall be finished to match the surfaces of the principal structure. D. Vehicle Services – Repair/Body Work. 1. C-2 Zone. a. No vehicles stored outside that are not operable unless such vehicles are contained within a fenced and paved area. The entire perimeter of the outdoor storage area shall be landscaped with landscaping pursuant to ACC 18.50.040(C)(5). The maximum size of the outdoor storage area shall be no more than 25 percent of the associated building area. 2. Other All Zones Where Permitted. a. Outdoor work areas shall be fenced, walled or screened to minimize on – and off- site noise, glare, odor, or other impacts. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise, or repair and servicing equipment shall be contained within the principal building. c. All body work and painting shall be conducted within fully enclosed buildings. Page 357 of 1253 Chapter 18.57 ACC, Standards for Specific Land Uses Page 15 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. d. No operator shall permit the storage of motor vehicles for a period in excess of 24 hours unless the vehicles are enclosed in the principal building. (Ord. 6435 § 1, 2012.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 358 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 1 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 14.22 COMPREHENSIVE PLAN Sections: 14.22.010 Purpose. 14.22.020 Comprehensive plan adopted. 14.22.030 Early and continuous public participation. 14.22.040 Definitions. 14.22.050 Conformance and consistency. 14.22.060 Amendments and exceptions. 14.22.070 Periodic assessment. 14.22.080 Docketing. 14.22.090 Proposals for amendments. 14.22.100 Public hearing required by planning commission. 14.22.110 Decision criteria for plan amendments. 14.22.010 Purpose. The city of Auburn comprehensive plan establishes the principles, goals, objectives and policies guiding future development of the city in compliance with Chapter 36.70A RCW, the Washington State Growth Management Act. The purpose of this chapter is to establish procedures and review criteria for amending the comprehensive plan and to provide provisions for public participation in the planning process. (Ord. 6172 § 1, 2008.) 14.22.020 Comprehensive plan adopted. The city of Auburn comprehensive plan, as amended in April 1995 to comply with the Growth Management Act and as may subsequently be amended thereafter, consisting of the following elements, is hereby adopted by reference: A. Chapters of the Comprehensive Plan. 1. Core Comprehensive Plan. Exhibit 2 Page 359 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 2 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 2. The Land Use Element. 3. The Housing Element. 4. The Capital Facilities Element. 5. The Utilities Element. 6. The Transportation Element. 7. The Economic Development Element. 8. The Parks and Recreation Element. 8. Historic Preservation Element 9. Climate Element 109. Comprehensive Plan Map. Appendix A – Auburn Community Vision Report. Appendix AB – Auburn Housing Needs and Characteristics Assessment. Appendix BC – Agency Checklistsuburn Housing Element Checklist. Appendix CD – Auburn Health Impact Assessment.Public Participation Plan Appendix DE – Auburn Public Participation Plan.Airport Master Plan Appendix E.1F.1 – King County Buildable Lands Analysis. Appendix EF.2 – Pierce County Buildable Lands Analysis. Appendix FG – Auburn Airport Master Plan.Parks PROS Plan Appendix GH – Auburn Community Profile.Comprehensive Transportation Plan Appendix I – Auburn Greenhouse Gas Inventory. Appendix J – Parks, Arts and Recreation Open Space Plan.Appendix K – Climate Change Framework Appendix H – Auburn Greenhouse Gas Inventory Page 360 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 3 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Appendix I – City of Auburn Ten-Year Economic Development Strategic Plan Appendix J – Auburn Community Vision Report B. Additional Documents of the Comprehensive Plan, That Are Incorporated by Reference. 1. Comprehensive Transportation Plan. 2. Capital Facilities Plan. 3. Shorelines Management Program. 4. Comprehensive Water Plan. 5. Comprehensive Sewer Plan. 6. Comprehensive Storm Drainage Plan. 7. Auburn Downtown Plan (May 2001). 8. Lakeland Hills Plan (1988). 9. Auburn Adventist Academy Plan (1991). 10. Auburn North Business Area Plan (1992). (Ord. 6612 § 1, 2016; Ord. 6329 § 1, 2010; Ord. 6172 § 1, 2008.) 11. Housing Action Plan (2020). 14.22.030 Early and continuous public participation. A. The city of Auburn encourages early and continuous public participation in the comprehensive planning process, and in other city-initiated planning programs that may be carried out under the overall framework of the plan. This chapter contains procedures for the consideration of potential amendments to any chapter or element of the comprehensive plan. B. The director shall broadly disseminate information regarding the annual docketing and amendment process and identify a deadline for submittal of applications for inclusion in the Page 361 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 4 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. annual amendment cycle. Applications submitted after the established deadline will be considered during the following annual amendment process. (Ord. 6172 § 1, 2008.) 14.22.040 Definitions. A. “Amendment” means any change in the wording, context or substance of the comprehensive plan or a change to the comprehensive land use map or any other map contained or referenced within any plan chapter or element. B. “Area-wide map amendment” means an amendment to the comprehensive land use map involving four or more contiguous or adjacent parcels under different ownership that would be similarly affected by a proposed map amendment. C. “City-initiated planning program” means a planning program begun by resolution of the city council, or the planning commission, addressing a geographic sub-area of the city’s urban growth area (such as a special area plan) or addressing a specific functional area (such as a utility plan). D. “Director” means the director of the department of planning and development or designee. E. “Docket” means a list of suggested amendments to the comprehensive plan maintained by the director. F. “Planning commission” is an appointed group serving in an advisory capacity to the city council as specified in Chapter 2.45 ACC. (Ord. 6532 § 23, 2014; Ord. 6287 § 2, 2010; Ord. 6172 § 1, 2008.) 14.22.050 Conformance and consistency. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the comprehensive plan. Capital budget decisions shall be made in conformity with the comprehensive plan. (Ord. 6172 § 1, 2008.) Page 362 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 5 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 14.22.060 Amendments and exceptions. A. The comprehensive plan may only be amended pursuant to this chapter, no more frequently than once each calendar year as part of the annual cycle established herein, except as provided in subsection C of this section. B. All amendments shall be considered concurrently so as to assess their cumulative impact. C. Exceptions. Pursuant to Chapter 35A.70 RCW, under the following circumstances, amendments may be processed separately and in addition to the annual amendment cycle: 1. If an emergency exists, which is defined as an issue of community-wide significance that addresses the public health, safety, and general welfare; 2. To resolve an appeal of a comprehensive plan filed with the Growth Management Hearings Board or with the court; 3. To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW; 4. The initial adoption of a subarea plan or new element to the comprehensive plan; 5. The amendment of the capital facilities plan may occur concurrently with the adoption or amendment of the city budget; 6. Amendments of the comprehensive plan that are conducted in conjunction with an annexation as set forth in Titles 35 and 35A RCW. (Ord. 6853 § 1 (Exh. A), 2022; Ord. 6172 § 1, 2008.) 14.22.070 Periodic assessment. A. The director will periodically monitor the comprehensive plan and development regulations that implement the plan, assess the need for any amendments, and may add potential changes to the docket as specified in ACC 14.22.080. The assessment shall be based on, at a minimum: 1. Whether growth and development are occurring at a faster or slower rate than envisioned in the plan; Page 363 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 6 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 2. Whether the capacity to provide adequate services has diminished or increased; 3. The availability of land to meet demand; 4. Whether the assumptions on which the plan is based remain valid; 5. The effect of the plan on land values and housing is contrary to plan goals; 6. Whether sufficient change or lack of change in circumstances dictates the need for an amendment. B. The city shall complete a comprehensive review of the comprehensive plan and development regulations in order to update it as appropriate and to ensure continued compliance with the Growth Management Act pursuant to RCW 36.70A.130. (Ord. 6329 § 2, 2010; Ord. 6172 § 1, 2008.) 14.22.080 Docketing. A. In accordance with RCW 36.70A.470, suggested changes to the comprehensive plan which are not specific to any site may be submitted by any individual, organization or general or special purpose government and shall be coordinated by the director. The director shall create appropriate forms for such submittals that require the submittal to address the criteria outlined in subsection C of this section. The list shall be known as the “docket” and is the means to suggest a change or identify a deficiency in the comprehensive plan. An item may be submitted to the docket at any time during the calendar year. There is no fee associated with submitting an item to the docket. B. Annually, the director shall review such suggestions with the city council and determine whether to direct them to the planning commission for consideration. The city council may decline to consider any item from the docket. C. Proposed amendments on the docket may be considered appropriate for action if the following criteria are met: 1. A proposed comprehensive plan text amendment addresses a matter appropriate for inclusion in the plan; Page 364 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 7 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 2. The proposal demonstrates a strong potential to serve the public interest by implementing specifically identified goals and policies of the plan; 3. The proposal addresses the interests and changed needs of the entire city as identified in the plan; 4. The proposal does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the city council; 5. The proposal can be reasonably reviewed and evaluated, given existing staff and budget resources; and 6. The proposal has not been voted on by the city council in the last three years. This time limit may be waived by the city council if it is demonstrated that there exists either an obvious technical error or a change in circumstances that justifies the need for the amendment. D. Any item on the docket that is not determined to be appropriate for action may be proposed under ACC 14.22.090, provided it is timely and properly filed. (Ord. 6532 § 24, 2014; Ord. 6172 § 1, 2008.) 14.22.090 Proposals for amendments. A. Privately Initiated Amendments. A proposed amendment to the comprehensive plan, other than docketing pursuant to ACC 14.22.080, may be submitted by any individual, organization, corporation or partnership; general or special purpose government other than the city; or entity of any kind; provided, that if the proposal involves specific real property, the property owner has provided written consent to the proposal. B. City – Initiated Amendments. The city council or the planning commission may initiate a planning program or any type of amendment to the comprehensive plan, regardless of whether site-specific or area-wide in scope. C. Application. Except for city-initiated planning programs or individual amendments, all proposed amendments shall be submitted to the director on an approved form, together with required filing fees. An environmental checklist shall also be submitted if required. A proposed amendment request shall include the following information: Page 365 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 8 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 1. Name, address, phone number and e-mail address of the applicant and contact person and written consent of the property owner if the proposal affects specific property; 2. If the amendment concerns specific property, both a general description and legal description of the property; 3. A description of the plan amendment being requested; 4. Written statements addressing the purpose of the amendment, why it is being requested, and how it is consistent with the criteria listed in ACC 14.22.110; 5. If the request is for an amendment to the comprehensive land use map, an indication of what concurrent change in zoning is also being requested. D. Department Report. The director shall prepare an assessment and recommendation on all proposed amendment requests and include this within a report that evaluates all requests concurrently. (Ord. 6532 § 25, 2014; Ord. 6172 § 1, 2008.) 14.22.100 Public hearing required by planning commission. A. The planning commission shall hold at least one public hearing on all proposed amendments to the comprehensive plan. Notice of such public hearing shall be given pursuant to Chapter 1.27 ACC and, at a minimum, include the following: 1. For site-specific plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; b. Notice shall be mailed by first class mail to all property owners of record within a radius of 300 feet of the proposed map amendment request, not less than 10 calendar days prior to the public hearing; 2. For area-wide plan map amendments: a. Notice shall be published once in the official newspaper of the city not less than 10 calendar days prior to the date of public hearing; Page 366 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 9 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. b. Notice shall be mailed by first class mail to all property owners of record within the area subject to the proposed amendment; c. Notice shall be posted in at least two conspicuous locations in the area subject to the proposed amendment not less than 10 calendar days prior to the date of the public hearing. B. Notwithstanding the above, the director may expand the minimum noticing provisions noted above as deemed necessary. C. Planning Commission Recommendation. The planning commission shall conduct a public hearing on all potential comprehensive plan amendments and shall make and forward a recommendation on each to the city council. The planning commission shall adopt written findings and make a recommendation consistent with those findings to the city council. D. The city council, if it elects to amend the comprehensive plan, shall adopt written findings and adopt said amendments by ordinance. E. State Review. All comprehensive plan amendments considered by the planning commission shall be forwarded for state agency review consistent with RCW 36.70A.106. F. Any appeal of an amendment to the comprehensive plan shall be made in accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.) 14.22.110 Decision criteria for plan amendments. A. The comprehensive plan was developed and adopted after significant study and public participation. The principles, goals, objectives and policies contained therein shall be granted substantial weight when considering a proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with and/or relates to the following decision criteria: 1. The proposed change will further and be consistent with the goals and objectives of the plan and the plan will remain internally consistent; 2. Whether the capacity to provide adequate services is diminished or increased; 3. Assumptions upon which the comprehensive plan is based are found to be invalid; Page 367 of 1253 Chapter 14.22 ACC, Comprehensive Plan Page 10 of 10 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 4. A determination of change or lack of change in conditions or circumstances has occurred since the adoption of the latest amendment to the specific section of the comprehensive plan that dictates the need for a proposed amendment; 5. If applicable, a determination that a question of consistency exists between the comprehensive plan and Chapter 36.70A RCW, the countywide planning policies for either King and/or Pierce County, as appropriate, and Vision 20540: Growth and Transportation Strategy for the Puget Sound Region; 6. If the request is to change the land use designation of a specific property on the comprehensive land use map, the applicant must demonstrate one of the following: a. The current land use designation was clearly made in error or due to an oversight; b. The proposed land use designation is adjacent to property having a similar or compatible designation, or other conditions are present to ensure compatibility with surrounding properties; c. There has been a change in conditions since the current land use designation came into effect. (Ord. 6172 § 1, 2008.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 368 of 1253 Chapter 17.01 ACC, User Guide Page 1 of 4 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Chapter 17.01 USER GUIDE Sections: 17.01.010 Introduction. 17.01.020 What is a subdivision? 17.01.030 How is a plat reviewed? 17.01.040 What are the criteria for approval? 17.01.050 What happens after a plat is approved? 17.01.060 What about a simple boundary line adjustment or elimination? 17.01.070 How do you modify an existing subdivision? 17.01.080 How do you change a recorded subdivision? 17.01.090 How do you eliminate a recorded subdivision? 17.01.100 Is there another process by which you can subdivide land? 17.01.110 Can you cluster lots within a subdivision? 17.01.010 Introduction. This title contains standards, regulations and processes for the division of land and adjustment of property boundaries within the city. (Ord. 6239 § 1, 2009.) 17.01.020 What is a subdivision? The process of dividing land into smaller lots is often generically referred to as a subdivision. However, in this title, the term “subdivision” refers specifically to the division of land into ten five or more lots, while the division of land into nine four or fewer lots is called a “short subdivision.” Most of the regulations for subdivisions and short subdivisions are the same, but a short subdivision is an administrative process where an application is reviewed and decided upon by city staff whereas a subdivision is reviewed and decided upon by the city’s hearing examiner. A plat is the drawing or map which shows the subdivision or short subdivision. (Ord. 6239 § 1, 2009.) Page 369 of 1253 Chapter 17.01 ACC, User Guide Page 2 of 4 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 17.01.030 How is a plat reviewed? The plat review process for a short subdivision, including the infrastructure improvement requirements for approval, is set forth in Chapter 17.09 ACC. The plat review process for a subdivision, from the pre-application conference to preliminary approval by the hearing examiner, is set forth in Chapter 17.10 ACC. Chapter 17.16 ACC includes additional requirements for planning and other studies to be submitted for review along with the preliminary plat. (Ord. 6239 § 1, 2009.) 17.01.040 What are the criteria for approval? A plat must be laid out in accordance with the standards and specifications set forth in Chapter 17.14 ACC. (Ord. 6239 § 1, 2009.) 17.01.050 What happens after a plat is approved? Once the layout of a subdivision has been approved by the city, it is said to have preliminary approval. Then the applicant must submit construction drawings of the infrastructure that was proposed in the preliminary plat. Once these construction drawings are approved by the city and the infrastructure has been built, inspected and accepted by the city, the plat has final approval and can be recorded with the appropriate county. In the case of a subdivision, an additional application, review and approval process is required for this final approval. This final plat process is set forth in Chapter 17.12 ACC. (Ord. 6239 § 1, 2009.) 17.01.060 What about a simple boundary line adjustment or elimination? Other land adjustment tools are also outlined in this title, including boundary line adjustments (Chapter 17.06 ACC) and boundary line eliminations (Chapter 17.08 ACC). Boundary line adjustments are the movement of a boundary line that does not result in the creation of a new Page 370 of 1253 Chapter 17.01 ACC, User Guide Page 3 of 4 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. lot. Boundary line eliminations are the merging of two or more lots by eliminating one or more lot lines. (Ord. 6239 § 1, 2009.) 17.01.070 How do you modify an existing subdivision? The applicant can request a modification of subdivision standards and specifications through the process set forth in Chapter 17.18 ACC. (Ord. 6239 § 1, 2009.) 17.01.080 How do you change a recorded subdivision? After a subdivision has been recorded with the county in which it is located, any proposed change to the subdivision is called a subdivision alteration. The alteration process is set forth in Chapter 17.20 ACC. If the applicant proposes to make a change to an approved preliminary plat before final plat approval and recording, then the applicant may request an adjustment to the preliminary plat through the process set forth in ACC 17.10.100. (Ord. 6239 § 1, 2009.) 17.01.090 How do you eliminate a recorded subdivision? A plat may also be vacated, or eliminated, after recording. Chapter 17.22 ACC outlines the process by which a plat may be vacated, and to whom the title to the vacated property shall vest. (Ord. 6239 § 1, 2009.) 17.01.100 Is there another process by which you can subdivide land? The binding site plan process is an alternative form of land division. It may be used for the division of land for commercially or industrially zoned property, or for certain types of residential development. This process is set forth in Chapter 17.24 ACC. (Ord. 6239 § 1, 2009.) Page 371 of 1253 Chapter 17.01 ACC, User Guide Page 4 of 4 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 17.01.110 Can you cluster lots within a subdivision? The city of Auburn allows clustering of lots within a subdivision onto a portion of the site, while maintaining the density of the residential zone. Clustering allows future development to occur at an appropriate density for infrastructure services; it also protects environmentally sensitive areas or cultural/historic features by clustering lots away from these areas. The standards by which clustering is allowed are set forth in Chapter 17.26 ACC. (Ord. 6239 § 1, 2009.) The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by General Code. Page 372 of 1253 Chapter 17.04 ACC, Definitions Page 1 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 17.04 DEFINITIONS Sections: 17.04.010 General definitions. 17.04.020 ACC. 17.04.025 Alley. 17.04.030 Applicant. 17.04.040 Application. 17.04.045 Repealed. 17.04.050 Binding site plan. 17.04.055 Boundary line adjustment. 17.04.060 Boundary line elimination. 17.04.065 City. 17.04.070 Code. 17.04.080 Commission. 17.04.090 Comprehensive plan. 17.04.100 Council. 17.04.110 Dedication. 17.04.120 Department. 17.04.130 Development permit. 17.04.140 Director, planning. 17.04.150 EIS or environmental impact statement. 17.04.160 Final plat. 17.04.170 Hearing examiner. 17.04.180 Improvements. 17.04.190 Land division. 17.04.200 Lot. 17.04.202 Lot, parent. 17.04.203 Lot, unit. 17.04.205 Lot area. 17.04.210 Repealed. 17.04.220 Lot of record. 17.04.221 Lot splitting. Page 373 of 1253 Chapter 17.04 ACC, Definitions Page 2 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.225 Monument. 17.04.230 Original tract. 17.04.235 Owner. 17.04.240 Panhandle. 17.04.245 Parcel. 17.04.250 Planning agency. 17.04.260 Planning commission. 17.04.265 Planning director. 17.04.270 Preliminary plat. 17.04.280 Public way. 17.04.290 RCW. 17.04.300 Regulatory floodway. 17.04.305 Regulatory floodplain. 17.04.310 Reserved. 17.04.320 Short plat. 17.04.330 Short subdivision. 17.04.335 Special flood hazard area (SFHA). 17.04.340 Street. 17.04.350 Street, half. 17.04.360 Street, private. 17.04.370 Street, public. 17.04.380 Subdivision. 17.04.385 Tract. 17.04.387 Unit lot subdivision. 17.04.390 USC and GS. 17.04.400 USGS. 17.04.405 Zero lot line development. 17.04.407 Zero lot line. 17.04.410 Zoning ordinance. Page 374 of 1253 Chapter 17.04 ACC, Definitions Page 3 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.010 General definitions. Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision, the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.020 ACC. “ACC” means the Auburn City Code. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.025 Alley. “Alley” means a public travel way or other public right-of-way under the jurisdiction and control of the city and not designated for general travel and used primarily as a means of access to the rear of residential and/or business establishments. (Ord. 6239 § 1, 2009.) 17.04.030 Applicant. “Applicant” means the owner or owners of record of the property subject to an application for land division or lot line adjustment, or the authorized representative of such owner or owners. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.040 Application. “Application” means all of the application forms, plans and accompanying documents required by this title for any particular land division, boundary line adjustment or boundary line Page 375 of 1253 Chapter 17.04 ACC, Definitions Page 4 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. elimination request. The city shall not be considered to be in receipt of an application under this title until the planning director has verified that an application is complete. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.045 Area of special flood hazard. Repealed by Ord. 6295. 17.04.050 Binding site plan. “Binding site plan” means a drawing prepared pursuant to Chapter 17.24 ACC and showing the location and general characteristics of streets, utilities and other physical features of property divided under the procedures of Chapter 17.24 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.055 Boundary line adjustment. “Boundary line adjustment” means the relocation of the boundaries of a lot, which relocation does not result in the creation of any additional lot or lots. (Ord. 6239 § 1, 2009.) 17.04.060 Boundary line elimination. “Boundary line elimination” means the removal of one or more interior lot lines of two or more separate lots with contiguous ownership. (Ord. 6239 § 1, 2009.) 17.04.065 City. “City” means the city of Auburn, Washington. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.04.060.) 17.04.070 Code. “Code” means the Auburn City Code. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) Page 376 of 1253 Chapter 17.04 ACC, Definitions Page 5 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.080 Commission. “Commission” means the planning commission of the city as established by Chapter 2.45 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.090 Comprehensive plan. “Comprehensive plan” means the comprehensive plan for the Auburn planning area, as now constituted or hereafter amended, or its successor. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.100 Council. “Council” means the Auburn city council. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.110 Dedication. “Dedication” means the deliberate conveyance of fee ownership of land, or the granting of a right-of-way, easement, or other interest in land, by an owner or owners of the land to the city for any general and public uses, reserving to the owner or owners no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner or owners presenting for filing a final plat showing the dedication thereon. Acceptance by the city shall be indicated by the approval of the city, as evidenced by the presence of the director’s signature on the face of the final plat. (Ord. 6654 § 2, 2017; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.120 Department. “Department” means the city department of planning and development, or its successor, unless otherwise specified. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) Page 377 of 1253 Chapter 17.04 ACC, Definitions Page 6 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.130 Development permit. “Development permit” means any permit issued by the city allowing the physical alteration of real property, including but not limited to building construction or alteration, street construction, utility construction or installation, grading, filling or excavating. Approval of a subdivision, short subdivision, binding site plan, boundary line adjustment or boundary line elimination shall not be considered a development permit for the purposes of this title. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.140 Director, planning. See “Planning director,” ACC 17.04.265. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.150 EIS or environmental impact statement. “EIS” or “environmental impact statement” means a document prepared to assess the environmental impacts of a proposal which has been judged to have, or likely to have, a significant adverse effect upon the quality of the environment pursuant to the State Environmental Policy Act of 1971 (Chapter 43.21C RCW), as now constituted or hereafter amended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.160 Final plat. “Final plat” means the final drawing of a subdivision and dedication prepared for filing for record with the county auditor, and containing all elements and requirements as set forth in Chapter 17.12 ACC and as set forth in Chapter 58.17 RCW. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) Page 378 of 1253 Chapter 17.04 ACC, Definitions Page 7 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.170 Hearing examiner. “Hearing examiner” means the city hearing examiner, as established by Chapter 2.46 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.180 Improvements. “Improvements” means the street/transportation, utilities, and other facilities required by this title, other titles of the Auburn City Code, or the city design and construction standards to be constructed in conjunction with any particular land division. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.190 Land division. “Land division” means the creation of any new lot or lots for the purpose of sale, lease or transfer of ownership, whether such lot or lots is created by subdivision, short subdivision, or binding site plan. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.200 Lot. “Lot” means an area of land under single or common ownership, which has been created by any of the various land division methods for the purpose of lease, sale or transfer of ownership, defined by fixed and definite boundaries, and having sufficient area and dimension to accommodate development allowed by the zone in which it is located. As per RCW 58.17.020(9), the term “lot” shall include tracts or parcels. The term shall not include those tracts or parcels which are not buildable, but are created for common or public use, such as road and utility tracts. (Ord. 6239 § 1, 2009; Ord. 6006 § 1, 2006; Ord. 4296 § 2, 1988.) 17.04.202 Lot, parent. “Lot, parent” means a lot which is subdivided into unit lots through the unit lot subdivision process. Page 379 of 1253 Chapter 17.04 ACC, Definitions Page 8 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.203 Lot, unit. “Lot, unit” means a subdivided lot created from a parent lot and approved through the unit lot subdivision process. 17.04.205 Lot area. “Lot area” means the total horizontal area within the boundary lines of a lot, however, the area contained in access easements, tracts, or panhandles shall not be included in the lot area or any other lot size computation. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.210 Lot line adjustment. Repealed by Ord. 6239 . 17.04.220 Lot of record. “Lot of record” means a lot which has been recorded by the county and appears on the official maps of the county assessor. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.221 Lot Splitting. “Lot splitting” means unit lot subdivisions or and condominiums as a means of creating separate ownership of each housing unit. Page 380 of 1253 Chapter 17.04 ACC, Definitions Page 9 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.225 Monument. “Monument” means a permanent type survey marker which conforms to the city’s design and construction standards, in accordance with Chapter 58.09 RCW, Surveys – Recording. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.230 Original tract. “Original tract” means a unit of unplatted land held under single or unified ownership, the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including an applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract. (Ord. 6239 § 1, 2009; Ord. 6006 § 2, 2006. Formerly 17.04.235.) 17.04.235 Owner. “Owner” means the vested owners of the property and the beneficiaries of deeds of trust (owners of financial interest) as indicated in a current title report covering the property. (Ord. 6239 § 1, 2009.) 17.04.240 Panhandle. “Panhandle” means a lot with access to a street by means of a portion of the lot having less than the required lot width, and situated so that another lot is located between the main portion of the lot and the street. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) Page 381 of 1253 Chapter 17.04 ACC, Definitions Page 10 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.245 Parcel. “Parcel” means an area of land for which rights or ownership and use can be bought. For purposes of this title, see ACC 17.04.200, Lot. (Ord. 6239 § 1, 2009.) 17.04.250 Planning agency. “Planning agency” means the Auburn department of planning and development, or its successor. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.260 Planning commission. “Planning commission” means that body created by Chapter 2.45 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.265 Planning director. “Planning director” means the director of the Auburn department of planning and development, or its successor, unless otherwise specified. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.) 17.04.270 Preliminary plat. “Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, utilities and other elements of a subdivision consistent with the provisions of Chapter 17.10 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.280 Public way. “Public way” means the surface, the air space above the surface, and the space below the surface of any public street, including, but not limited to, any public alley, bridge, land path, Page 382 of 1253 Chapter 17.04 ACC, Definitions Page 11 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. trail, court, circle, roundabout, boulevard, drive, tract, right-of-way or sidewalk under the jurisdiction of the city as is now, or in the future, laid out, improved or unimproved within the limits of the city presently and as such limits may be hereafter extended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.290 RCW. “RCW” means the Revised Code of Washington, as now constituted or hereafter amended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.300 Regulatory floodway. “Regulatory floodway” means the channel of a stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. (Ord. 6295 § 5, 2010; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.305 Regulatory floodplain. “Regulatory floodplain” means the area of the special flood hazard area and all protected areas within the city of Auburn. It also includes newly designated special flood hazard areas and protected areas that are delineated pursuant to city ordinance. (Ord. 6295 § 8, 2010.) Page 383 of 1253 Chapter 17.04 ACC, Definitions Page 12 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.310 Reserved. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.320 Short plat. “Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county auditor, and containing all elements and requirements as set forth by Chapter 17.09 ACC. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.330 Short subdivision. “Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, consistent with the provisions of Chapter 17.09 ACC. (Ord. 6654 § 3, 2017; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.335 Special flood hazard area (SFHA). “Special flood hazard area (SFHA)” means the land subject to inundation by the base flood. Special flood hazard areas are identified by the Federal Emergency Management Agency in the scientific and engineering reports entitled “Flood Insurance Study for King County, Washington and Incorporated Areas” dated April 19, 2005, and any revisions thereto, and “Flood Insurance Study for Pierce County, Washington and Unincorporated Areas” dated August 19, 1987, and any revisions thereto, and designated on associated flood insurance rate maps with the letter “A” including AE, AO, AH, A1 – 99. (Ord. 6295 § 9, 2010.) Page 384 of 1253 Chapter 17.04 ACC, Definitions Page 13 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. 17.04.340 Street. “Street,” comprised of a public or private street, means any land legally dedicated or reserved for the purpose of providing for public travel and access to real property. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.350 Street, half. “Half street” means a street with improvements built only from the centerline to one edge of the ultimate right-of-way, or to a minimum width as defined in the city’s design and construction standards, designed and built in accordance with all applicable ordinances, standards and requirements; provided, that appropriate measures shall be taken to protect the structural integrity of the exposed edge of pavement, as determined by the city engineer. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.360 Street, private. “Private street” means any street which is not a public street. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.370 Street, public. “Public street” means any highway, street, or other public right-of-way for motorized or nonmotorized travel under the jurisdiction and control of the city. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.380 Subdivision. “Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, consistent with the provisions of this title; provided, that the term “subdivision” shall also include the redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or Page 385 of 1253 Chapter 17.04 ACC, Definitions Page 14 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. transfer of ownership where such land has been short subdivided within the previous five years and does not meet the criteria of ACC 17.09.010(B). (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.385 Tract. “Tract” means a piece of land created and designated as part of a land division that is not a lot of record, or a street or public right-of-way. Tracts are created and designed for a specific purpose. Land uses within a tract are restricted to those uses consistent with the stated purpose as described on the plat, or in the maintenance agreements. Examples include but are not limited to stormwater management tracts, private street or alley tracts, tree preservation tracts, environmental resource tracts, and open space tracts. (Ord. 6239 § 1, 2009.) 17.04.387 Unit lot subdivision. “Unit lot subdivision” means the division of a parent lot into two or more unit lots within a development and approved through the unit lot subdivision process. 17.04.390 USC and GS. “USC and GS” means the United States Coastal and Geodetic Survey. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.400 USGS. “USGS” means the United States Geological Survey. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) 17.04.405 Zero lot line development. “Zero lot line development” means a development containing one or more dwelling units which have no yard on one or more of the side lot lines. Dwelling units in zero lot line developments are located in such a manner that one or more of a building’s sides rest directly on a side lot Page 386 of 1253 Chapter 17.04 ACC, Definitions Page 15 of 15 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. line and each dwelling unit is located exclusively on one lot, except for the common wall which is separated by the property line. Zero lot line developments may include attached or detached dwelling units. Zero lot line development is created through the unit lot subdivision process. 17.04.407 Zero lot line. “Zero lot line” means a side lot line which has no yard. 17.04.410 Zoning ordinance. “Zoning ordinance” means the Auburn comprehensive zoning ordinance, codified as ACC Title 18, as now constituted or hereafter amended. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 387 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 1 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Chapter 17.12 FINAL SUBDIVISIONS Sections: 17.12.005 Purpose. 17.12.010 Application submittal and contents. 17.12.015 Review process. 17.12.020 Administrative review. 17.12.030 Administrative decision action. 17.12.040 Terms of approval. 17.12.050 Distribution and filing. 17.12.060 Transfer of ownership. 17.12.070 Building, occupancy and model home permits. 17.12.080 Release of improvement guarantee. 17.12.090 Survey requirements. 17.12.005 Purpose. This chapter establishes specific application materials, review processes and requirements, and terms of approval for final subdivisions. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009.) 17.12.010 Application submittal and contents. A. Application. An application for final subdivision approval meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the planning department, accompanied by the following: 1. Application materials consistent with the requirements of ACC 17.02.065; 2. A copy of the approved preliminary plat; 3. A final plat meeting the requirements of Chapter 58.17 RCW, including certifications, dedications, and title reports; Page 388 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 2 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 4. Agency recommendations pursuant to RCW 58.17.150; 5. A recordable survey and surveyor’s signature meeting the requirements of Chapter 58.09 RCW and RCW 58.17.250; 6. Proposed list of public improvements that will be incomplete at the time of final plat approval and the associated cost to complete the work. The list shall be used to determine the financial security required as part of the final plat review process. The engineer’s certification is required prior to the director’s approval of the final plat. The engineer’s certification will not be issued until the requirements of ACC 17.14.010 have been met. B. Preparation. The final plat shall be prepared by a professional land surveyor licensed by the state of Washington. The preparer shall, by placing their signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct. C. Scale and Format. The final plat shall be drawn with reproducible ink on any standard material consistent with and conforming to Chapter 58.09 RCW and WAC 332-130-150 and acceptable to the city measuring 18 inches by 24 inches in size. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size and conform to, and compatible with, the Pierce County auditor’s or King County recorder’s recording standards and guidelines. All signatures or certifications appearing on a final plat shall be in reproducible black ink. D. Final Plat Contents. A final plat shall contain the following information: 1. The name of the subdivision; 2. Legal description of the property being subdivided; 3. Numeric scale, graphic scale, true north point and date of preparation of the final plat; 4. The boundary line of the plat, referenced to city datum in accordance with the city design and construction standards and based on an accurate traverse, with angular and linear dimensions and bearings; Page 389 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 3 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 5. The exact location, width and assigned name of all streets, alleys and other public ways within and adjacent to the subdivision; 6. A table depicting the assigned address for each lot within the subdivision; 7. The exact location, width and purpose of all easements and dedications for rights-of- way provided for public and private services and utilities; 8. True courses and distances to the nearest established street lines, or section or quarter section corner monuments which shall accurately locate the subdivision; 9. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and courses; 10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet; 11. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs; 12. The accurate location of each permanent control monument. One such monument shall be located at each and every controlling corner on the boundaries of the parcel of land being subdivided; at each street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each point of reverse curve (PRC); and at each intersection of a street centerline with a plat boundary. All permanent control monuments shall be marked with the land surveyor’s registration number; 13. All plat meander lines or reference lines along bodies of water shall be established above, but not farther than 20 feet from, the high water line of such body; 14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication; 15. Accurate outlines of any areas to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation; 16. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the hearing examiner, or at the discretion of the property owner; Page 390 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 4 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 17. The final recorded subdivision plat shall include a notice to the individual property owners and/or the homeowners’ association of the location, responsibilities, and requirements associated with storm water low impact development and management facilities; 18. The name and seal of the licensed land surveyor responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by them, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct; 19. A signed certification stating that the subdivision has been made with the free consent, and in accordance with the desires, of the owner or owners. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage or maintenance of said street or other areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the city engineer as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant. At the discretion of the city engineer conveyances of right-of-way may be required to be by statutory warranty deed. The acceptance of right-of-way by the city shall not obligate the city to improve or develop the lands in the right-of-way; 20. Forms for the appropriate certifications of the finance director, city engineer and director, as follows: FINANCE DIRECTOR’S CERTIFICATE I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the city, and that all special assessments on any property Page 391 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 5 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. herein contained dedicated as streets, alleys or for any other public use have been duly paid, satisfied or discharged, this ______ day of _____________, 20___. ______________________________ Auburn Director of Finance CITY ENGINEER’S CERTIFICATE I hereby certify that this final plat is in compliance with the certificate of improvements issued pursuant to ACC 17.14.015, and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this ______ day of _____________, 20___. ______________________________ Auburn City Engineer COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR’S CERTIFICATE I hereby certify on this ________ day of ______________, 20___, that this final plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by the Hearing Examiner for the City of Auburn on the _______ day of ___________, 20____. ______________________________ Auburn Assistant Director of Community Development 21. A form for the certificate of the applicable (King/Pierce) county finance division, as follows, or as required by the applicable county, if different: FINANCE DIVISION CERTIFICATE I hereby certify that all property taxes are paid, that there are no delinquent special assessments certified to this office for collection, and that all special assessments certified to this office for collection on any of the property herein contained dedicated as streets, alleys or for other public use are paid in full this ___ day of _______, 20___. ______________________________ Page 392 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 6 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Manager ______________________________ Deputy 22. A form for the approval of the applicable (King/Pierce) county assessor, as follows, or as required by the applicable county, if different: ASSESSOR’S APPROVAL Examined and approved this ______ day of _________, 20___. ______________________________ County Assessor ______________________________ Deputy County Assessor ____________________________ Account number 23. A form for the certificate of the applicable (King/Pierce) county recorder, as follows, or as required by the applicable county, if different: RECORDING CERTIFICATE Filed for record at the request of the City of Auburn this ______ day of __________, 20___ at _____ minutes past ______ __.M., and recorded in Volume _____ of Plats, page ________ Records of (King or Pierce) County, Washington. County Recording Number _____. ______________________________ Manager ______________________________ Superintendent of Records Page 393 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 7 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 24. Any additional pertinent information as required at the discretion of the city engineer or director as defined in this title. (Ord. 6654 § 5, 2017; Ord. 6617 § 27, 2016; Ord. 6239 § 1, 2009; Ord. 6186 § 7, 2008; Ord. 6061 § 1, 2006; Ord. 5170 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.10.010.) 17.12.015 Review process. A. final plat shall be reviewed in accordance with ACC Title 14 as a Type I decision. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009.) 17.12.020 Administrative review. A. The director shall forward the plat to the city engineer and to other city departments for review. The city engineer shall review the final plat and determine if it is in compliance with the certificate of improvements issued under ACC 17.14.015, is consistent with all applicable city improvement standards and requirements in effect on the date of preliminary plat approval. B. The director, or designee, shall review the final plat for consistency with the terms and conditions of the preliminary plat approval; the requirements of Chapter 58.17 RCW and other applicable state laws in effect at the time of preliminary plat approval; and the requirements of this title in effect at the time of preliminary plat approval. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.10.020.) 17.12.030 Administrative decision action. The director shall approve, disapprove, or return to the applicant for modification or correction a proposed final plat within 30 days of the date of filing a complete application unless the applicant agrees, in writing, to an extension of the time period provided by RCW 58.17.140. If the director finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and the said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws, and this title, which requirements were in effect on the date of preliminary plat approval, the director shall inscribe and execute a written approval on the face of the final plat. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.10.030.) Page 394 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 8 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 17.12.040 Terms of approval. A. subdivision shall be governed by the terms of approval of the final plat, and the zoning ordinance and regulations in effect on the date of preliminary plat approval for a period of five years after final plat approval unless the hearing examiner finds that a change in conditions creates a serious threat to the public health or safety in the subdivision; provided, that for any final plat approved before January 1, 2015, it is vested for a period of seven years from final plat approval and if approved prior to January 1, 2008, it is vested for a period of 10 years from final plat approval. (Ord. 6654 § 5, 2017; Ord. 6317 § 4, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 8, 2008; Ord. 4296 § 2, 1988. Formerly 17.10.040.) 17.12.050 Distribution and filing. An original of the plat must be recorded with the appropriate county office within 30 days or the plat shall become null and void. A recorded certified copy on any standard material acceptable to the city shall be returned to the city and kept with the city’s records. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009; Ord. 6061 § 2, 2006; Ord. 4296 § 2, 1988. Formerly 17.10.050.) 17.12.060 Transfer of ownership. Whenever any parcel of land lying within the city is divided under the provisions of this title, no person, firm or corporation shall sell or transfer, or offer or advertise for sale or transfer, any such lot, tract or parcel without having first had an approved final plat of such subdivision filed for record, except as provided by ACC 17.10.090. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.10.060.) 17.12.070 Building, occupancy and model home permits. A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision prior to a determination by the fire marshal that adequate fire protection for construction needs exists. Page 395 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 9 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. B. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until: 1. The minimum required improvements which will serve the subject lot or parcel have been constructed in accordance with ACC 17.14.070; and 2. All remaining improvements have been financially guaranteed under the requirements of ACC 17.14.010. C. Prior to final plat approval of an approved preliminary plat, building permits for model homes may be granted by the building official subject to the following conditions: 1. Model homes are single-family dwellings as defined by ACC 18.04.340(A). The purpose of a model home is for sales promotion and display of homes that will be typically built within a subdivision and are open to the public for viewing. 2. Up to two model homes may be allowed for preliminary plats up to 20 lots. Up to four model homes may be allowed for preliminary plats in excess of 20 lots. 3. All model homes shall be served by an all weather surface access as approved by the city engineer and fire marshal. 4. All model homes shall be located within 300 feet of an operating fire hydrant as determined and approved by the fire marshal. 5. Prior to the public being allowed to access a model home, written permission must be received from the building official. 6. Information must be submitted with the final plat application that indicates the model home meets all applicable zoning code standards of the lot on which it is located. D. Where a plat is approved subject to conditions, no building permit shall be issued for property subject to the subdivision prior to the conditions either being fulfilled or guarantees provided to ensure the conditions are met. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009; Ord. 5094 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.10.070.) Page 396 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 10 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 17.12.080 Release of improvement guarantee. A. If a financial security for the improvements has been submitted under ACC 17.12.070 or 17.14.010, such guarantee shall only be released upon acceptance by the city of a properly executed bill of sale for such improvements and submittal of adequate record drawings for which the guarantee was submitted. B. A portion of the guarantee equivalent to 10 percent of the value of the public improvements guaranteed shall be retained as a maintenance guarantee by the city for a minimum period of one year from the date the city engineer certifies the completion of the plat improvements have been satisfied, to ensure the adequate operation of such improvements, following which any unused portion of such guarantee shall be released. This shall be consistent with the facility extension provisions of ACC Title 13 (Water, Sewers and Public Utilities). (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009; Ord. 5094 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.10.080.) 17.12.090 Survey requirements. A. A licensed professional land surveyor shall complete all lot staking prior to the recording of the final subdivision. B. All lot corners, including interior lot corners, shall be marked with a permanent marker that bears the land surveyor’s registration number. When the boundary lines follow a meandering line, the corners shall be set as directed by the city of Auburn. C. When the legal description of the final subdivision utilizes partial or complete section subdivisional breakdown to establish the boundaries, section subdivision survey information shall be shown in accordance with the requirements of WAC 332-130-030. D. All reference monuments used in the establishment of the final subdivision corners shall be identified, described and noted as set or found. When appropriate, the survey shall reference previous surveys that served as the basis for the survey. E. When the final subdivision is adjacent to a constructed public right-of-way and the plat corners or its offset represent a quarter corner, section corner or donation land claim that is not of record or has been lost (or obliterated), a standard monument shall be placed. Page 397 of 1253 Chapter 17.12 ACC, Final Subdivisions Page 11 of 11 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. F. Whenever a final subdivision is adjacent to existing right-of-way, the centerline of the right- of-way shall be located on the plat drawing. If the constructed improvements fall outside of the documented right-of-way, the surveyor shall identify the existing edge of the pavement and limits of the maintained right-of-way section on the drawing and show its relationship to said centerline. G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed that reads: THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND WAC 332-130. H. The side lot lines of each lot, which if extended would intersect with the curb, shall be marked on the curb. The offset distance from the curb mark to the property corner shall be noted on the face of the plat. Curb pins shall be marked with a permanent marker bearing the land surveyor’s registration number. (Ord. 6654 § 5, 2017; Ord. 6239 § 1, 2009.) The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by General Code. Page 398 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 1 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Chapter 17.14 IMPROVEMENT REQUIREMENTS – SUBDIVISIONS Sections: 17.14.005 Plan preparation, submittal and approval. 17.14.010 Improvement methods. 17.14.015 City engineer’s certificate of improvements. 17.14.020 Street, utilities and grading plans. 17.14.030 Public water service. 17.14.040 Public sanitary sewer service. 17.14.050 Street requirements. 17.14.060 Block requirements. 17.14.070 Minimum improvement requirements for approval of subdivisions and short subdivisions. 17.14.080 Underground utilities. 17.14.090 Lot requirements. 17.14.100 Parks and playgrounds. 17.14.110 Floods and flood control. 17.14.120 Additional requirements. 17.14.005 Plan preparation, submittal and approval. A. Plans for improvements shall be prepared, signed, dated and stamped by a professional civil engineer registered in the state of Washington and shall be in accordance with city standards and specifications. Plans shall be submitted to the city, following preliminary plat approval, for circulation and review. No construction permit or approval shall be issued and no construction activity shall commence relating to subdivision improvements until the plans required by this chapter have been approved and signed by the city engineer. Plans shall be consistent with the approved preliminary plat. All sanitary sewer, water, drainage and street improvements to be dedicated to the city shall be covered by a public facilities extension agreement, as required by ACC Titles 12 and 13. Page 399 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 2 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. B. For preliminary plats that were approved, but not constructed, prior to the effective date of the amendments to this chapter as adopted by the ordinance codified in this chapter, the owner/developer may choose to use the standards in effect at the time of the preliminary plat approval or, if approved by the city engineer, use the standards adopted pursuant to this chapter. C. Notwithstanding the previous requirement that civil plans for improvements shall be submitted following approval of the preliminary plat, the city may, in its sole discretion, allow an applicant/developer to submit plans after the department issues its recommendation to the hearing examiner and prior to preliminary plat approval; provided, that the applicant/developer recognizes and acknowledges that the city’s willingness to receive civil plans in advance of preliminary plat approval does not constitute a submittal which would vest any rights for the applicant/developer, and that the applicant/developer bears all risks of submitting plans in advance of preliminary plat approval. Furthermore, early submittal shall be allowed by the city only upon the applicant/developer entering into an agreement with the city whereby the applicant/developer agrees to the following: 1. That the application shall not be considered “complete” for any purpose under federal, state, or city law until after the preliminary plat is approved, and all possible appeal periods of that approval have expired. 2. That since the application is not “complete,” an early submitted application is not vested. Further, that the applicant/developer has no vested rights based on the filing of these plans, and that any comprehensive plan provisions, development regulations, or administrative regulations adopted prior to the date the preliminary plat is approved shall apply to the application. 3. That the applicant/developer waives, on behalf of itself, heirs, assigns, successors, etc., any claim based on the city agreeing to allow plan submission and review before preliminary plat approval. 4. That the applicant/developer will defend, indemnify, and hold the city harmless against any and all claims based on the city’s agreement to allow submission and review before preliminary plat approval. 5. That the city’s acceptance of plans before preliminary plat approval does not create an obligation upon the city to accept plans prior to plat approval in the future. (Ord. 6611 § 1, Page 400 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 3 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 2016; Ord. 6239 § 1, 2009; Ord. 6186 § 9, 2008; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.010.) 17.14.010 Improvement methods. Following preliminary plat approval and approval of all plans required by this chapter, and prior to final plat approval, the applicant/plat developer shall guarantee the public improvements required for the plat are completed by one of the following methods: A. By completion of construction of the minimum required plat improvements in conformance with ACC 17.14.070 (minimum improvement requirements) and furnishing to the city an assignment of funds or an irrevocable letter of credit or guarantee bond or other similar security satisfactory to the city engineer, in which assurance is given the city that the installation of the remaining required public improvements will be carried out as provided by plans submitted and approved pursuant to this chapter and in accordance with the city’s design and construction standards, and under the supervision of the city engineer. 1. The amount of the assignment of funds or irrevocable letter of credit or other security shall be 150 percent of the estimated construction cost of all remaining required public improvements, as determined by the applicant and approved by the city engineer. A substantial portion of the remaining required public improvements, subject to the satisfactory security, shall be completed within the initial 12-month period of the satisfactory security for the plat improvements. The remainder of the improvements shall be completed within six months. During construction, the city engineer may allow a partial release of the financial security as construction progresses: a. The city engineer shall allow not more than one partial release of the financial security during plat construction; b. The sequencing of the partial release of the financial security is to be determined by the city engineer prior to the acceptance of the security. 2. The city engineer may allow a single incremental six-month extension of the satisfactory security time frame, beyond the initial 18-month period, if there are unforeseen circumstances, beyond the control of the plat developer, that do not allow the completion of the public improvements. Page 401 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 4 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 3. As a condition of the plat improvement permitting approval, the developer shall agree that in the case of the developer’s default or failure to complete the improvements as per the approved plans and conditions, including time schedules, the city shall have the authority to complete the construction of public improvements utilizing the above- described satisfactory security. 4. The city engineer may further agree to allow the developer to utilize assignment of funds or irrevocable letter of credit or other security acceptable to the city engineer to cover the minimum warranty period. B. By the formation of a local improvement district consistent with the provisions of Chapter 3.20 ACC and any other applicable requirement of the city and the state. C. By actual installation of the required improvements in accordance with the provisions of this chapter, and in accordance with the city’s design and construction standards and under the supervision of the city engineer. D. By a combination of these methods. E. For any of the above combinations of methods, other than subsection C of this section, the plat developer shall execute and record against the plat properties a statement approved by the city attorney which holds the city harmless and limits the city’s financial obligation to construct any defaulted private utility facilities and public infrastructure for streets, water utility, sanitary sewer utility, or storm water utility systems to the face value of the bond shall be memorialized on the plat documents. The statement shall also recognize the city’s reserved, unilateral rights to establish the schedule for construction of defaulted plat infrastructure. Such statements shall be legally binding upon the heirs and assigns of the developer, subsequent property owners and their the and assigns. (Ord. 6654 § 6, 2017; Ord. 6239 § 1, 2009; Ord. 5093 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.08.010.) 17.14.015 City engineer’s certificate of improvements. Prior to final approval and after completion of all required improvements and/or the financial guarantee of the construction of all required improvements, the city engineer shall provide a certificate stating the required improvements, in accordance with the provisions of this title and in accordance with city design and construction standards, have been completed or guaranteed Page 402 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 5 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. or a combination to the satisfaction of the city engineer. (Ord. 6239 § 1, 2009; Ord. 5093 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.08.020.) 17.14.020 Street, utilities and grading plans. Street, water, sanitary sewer, storm drainage and grading plans shall be prepared in conformance with the city’s design and construction standards. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.020.) 17.14.030 Public water service. Each lot in a subdivision created under this title shall be served by a public water system owned and operated by the city unless the city finds that: A. City water service is not practical due to topography, distance from city water facilities of adequate capacity, extreme low proposed developmental density, or similar factor; and B. Private water service will not be detrimental to the implementation of the adopted comprehensive water plan; and C. Private water service will not pose a threat to the public health, safety or welfare; and D. Private water service is necessary to accomplish the purposes of this title. If private water service is approved, preliminary plat approval shall be conditioned on the ability of the subdivider to obtain all necessary approvals for the private water system or systems, and the final plat shall not be approved until the subdivider demonstrates, to the satisfaction of the city engineer, that the proposed water system or systems will adequately serve the domestic water needs of future owners of property within the subdivision. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.040.) Page 403 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 6 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 17.14.040 Public sanitary sewer service. Each lot in a subdivision created under this title shall be served by the Auburn sanitary sewer system, consistent with the sewer comprehensive plan, unless the city finds that: A. City sanitary sewer service is not practical due to topography, distance from city sanitary sewer facilities, extreme low proposed developmental density, or similar factor; and B. On-site sewage disposal systems will not pose a threat to the public health, safety or welfare; and C. On-site sewage disposal systems are necessary to accomplish the purposes of this title; and D. The city engineer has reported favorably on the use of on-site sewage disposal systems. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.050.) 17.14.050 Street requirements. The subdivision shall abut on and/or be served by an open, maintained public street(s) and the street and block layout shall conform to the most advantageous development of adjoining areas, the entire neighborhood, and shall meet the requirements of Chapter 12.64A andthe city design and construction standards. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.060.) 17.14.060 Block requirements. A block shall consist of any two or more contiguous lots which are not separated by a street. Blocks shall meet the requirements of the city design and construction standards. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.070.) Page 404 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 7 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 17.14.070 Minimum improvement requirements for approval of subdivisions and short subdivisions. A. Prior to final approval of a subdivision or short subdivision, the following minimum improvements shall be constructed consistent with the approved plans, except that the city engineer may allow posting of a financial guarantee and/or the execution of a delay of improvement agreement, based on a finding that the deferral of the required improvements is in the best interests of the city. 1. Drainage facilities and erosion control measures consistent with the approved plans; 2. Water mains, services, and hydrant installed, operational, and fire flow available, if required, consistent with the approved plans; 3. Underground electrical and telecommunication improvements required for all public or private utilities and public illumination or traffic signal systems, if required, consistent with the approved plans; 4. Sewer facilities installed and operational, if required, consistent with the approved plans; 5. All curbs and gutters installed in all streets within the subdivision or short subdivision consistent with the approved plans; 6. All streets paved up to the final lift of pavement to all lots within the subdivision or short subdivision, consistent with the approved plans; 7. Street name signage installed consistent with the approved plans; 8. Specific site improvements required by the preliminary plat approval ordinance or preliminary short plat approval decision, if the decision requires completion prior to plat recording; 9. Delineation of critical areas that are to remain undeveloped and protected by easement or placement in a separate tract pursuant to ACC Title 16 (Environment); 10. Temporary control monuments set by a land surveyor licensed in the state of Washington, located in conformance with this title, and in place prior to final approval of the subdivision or short subdivision. Permanent monuments and control points shall be set Page 405 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 8 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. and verified by a land surveyor licensed in the state of Washington within 90 days of the final lift of pavement; and 11. Improvements without which the director determines a safety hazard would exist. B. The city shall have right of entry onto any lot, tract, easement or parcel that is part of the final plat or short plat to ensure compliance with the minimum subdivision improvements required in subsection A of this section. (Ord. 6239 § 1, 2009.) 17.14.080 Underground utilities. A. Consistent with ACC Titles 12 and 13 and the city’s engineering 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 way. Television conduit and miscellaneous hardware shall be installed according to the requirements of Chapter 20.06 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 applicant’s expense, of underground conduit which will be necessary for and will facilitate such future signalization. (Ord. 6799 § 1 (Exh. A), 2020; Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.240.) 17.14.090 Lot requirements. A. The area, width and depth of lots shall conform to the requirements of ACC Title 18, except for development utilizing cluster subdivision, as provided for in Chapter 17.26 ACC. The area within a panhandle access to a lot shall not be considered for the purpose of determining conformance with lot requirements. B. The size, shape and orientation of lots shall be appropriate for the location, topography and other natural features of the site and for the type of development contemplated. Page 406 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 9 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. C. Every lot shall have a minimum of frontage on an improved public street or private access tract, as provided in ACC Title 18, unless otherwise approved by this title. D. Corner lots designated for residential uses shall be platted at least five feet wider than required by the zoning ordinance. E. Every lot shall border on an opened, improved and maintained public street or private access tract. (Ord. 6239 § 1, 2009; Ord. 5542 § 1, 2001; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.250.) 17.14.100 Parks and playgrounds. Where dedication of land for park and recreation purposes is required, the hearing examiner shall be guided by the policies and recommended standards of the Auburn parks, recreation, and open space plan. It is the policy of the city to require park land dedication where a proposed subdivision will result in a substantial increase in demand for park land or is needed to prevent or abate public nuisances. Generally, this will occur where a subdivision will result in the creation of lots capable of supporting 50 or more residential dwelling units; however, where it is determined that the proposed subdivision, together with any reasonably anticipated future development on adjacent or nearby land, will act in a cumulative manner to substantially increase demand for park land, dedication may be required of smaller subdivisions. The acceptability of the size, configuration and location of land proposed for park dedication shall be determined by the hearing examiner based upon such factors as topography, drainage, natural amenities and access. (Ord. 6239 § 1, 2009; Ord. 6186 § 10, 2008; Ord. 5164 § 1, 1998; Ord. 4772 § 1, 1995; Ord. 4296 § 2, 1988. Formerly 17.12.260.) 17.14.110 Floods and flood control. The city may disapprove a proposed subdivision because of flood, inundation or swamp condition if the city finds that such condition poses a threat to the public health, safety or general welfare or causes a public nuisance. Where any portion of the proposed subdivision lies within the regulatory floodplain, the hearing examiner shall impose a condition on the preliminary plat requiring the subdivider to Page 407 of 1253 Chapter 17.14 ACC, Improvement Requirements – Subdivisions Page 10 of 10 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. conform to the city’s floodplain development requirements as set forth in Chapter 15.68 ACC. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until said flood hazard area regulations have been met. The city may require dedication of land to any public body and/or the construction of improvements and may impose other conditions necessary to protect against flooding or inundation. (Ord. 6295 § 7, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 11, 2008; Ord. 5164 § 1, 1998; Ord. 4772 § 1, 1995; Ord. 4296 § 2, 1988. Formerly 17.12.270.) 17.14.120 Additional requirements. The standards and requirements established or referenced by this chapter are minimum requirements. These standards may be increased, and additional requirements may be imposed for the purpose of preventing or abating public nuisances or mitigating identified adverse environmental impacts pursuant to the State Environmental Policy Act of 1971 (Chapter 43.21C RCW) as now established or hereafter modified. Such additional requirements may include but shall not be limited to off-site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any city fund established to finance the provision of public services required by the subdivision. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4772 § 1, 1995; Ord. 4296 § 2, 1988. Formerly 17.12.280.) The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by General Code. Page 408 of 1253 Page 1 of 2 Chapter 17.27 UNIT LOT SUBDIVISONS Sections: 17.27.010 Purpose. 17.27.020 Scope. 17.27.025 Process. 17.27.030 Requirements. 17.27.010 Purpose. The purpose of this chapter is to provide for the creation of residential ownership opportunities in conjunction with development of middle housing and accessory dwelling units. 17.27.020 Scope. Any lot conforming to the standards of Chapter 18.07 ACC which will be or has been developed with middle housing, detached single-family residences, accessory dwelling units or some combination thereof and in which no dwelling units are stacked on another dwelling unit or other use may be subdivided into individual unit lots as provided herein. 17.27.025 Process. A. Unit lot subdivisions shall follow the application, review, and approval procedures as outlined in Chapter 17.09 ACC (short subdivision) or Chapters 17.10 and 17.12 ACC (formal subdivision), based upon the number of lots being created. (Ord. 6239 § 1, 2009.) B. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of Page 409 of 1253 Page 2 of 2 construction drawings by the public works department. All development shall be subject to any conditions imposed by the city on the preliminary approval. C. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures for a short subdivision. 17.27.030 Requirements. A. Development as a whole on the parent lot, rather than individual unit lots, shall comply with applicable design, development, and off-street parking standards of ACC Title 18. B. Subsequent platting actions and additions or modifications to structure(s) may not create or increase any nonconformity of the parent lot. C. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features shall be recorded with the county auditor. D. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners’ association comprised of the owners of the individual unit lots. F. Notes shall be placed on the face of the plat or short plat as recorded with the county auditor to state the following: 1. The title of the plat shall include the phrase “Unit Lot Subdivision.” 2. Approval of the development on each unit lot was granted by the review of the development, as a whole, on the parent lot. Figure 17.27.030. Examples of unit lot subdivision configurations. FIGURE PLACEHOLDER. Page 410 of 1253 Chapter 18.02 ACC, General Provisions Page 1 of 18 Chapter 18.02 GENERAL PROVISIONS Sections: 18.02.010 Short title. 18.02.020 Authority to adopt code. 18.02.030 Purpose. 18.02.040 Applicability. 18.02.050 Minimum requirements. 18.02.060 Rules for administrative interpretations. 18.02.065 Methods of calculating density. 18.02.067 Units allowed per lot. 18.02.070 Establishment of zones. 18.02.080 Zoning map. 18.02.090 Zone boundary interpretation. 18.02.100 Zoning for annexed land. 18.02.110 Zoning for property influenced by Auburn Municipal Airport. 18.02.120 Permitted land uses established. 18.02.130 Neighborhood review meeting. 18.02.010 Short title. This title shall be known as “the comprehensive zoning ordinance” of the city, which shall constitute Title 18 of the Auburn City Code and shall hereafter be referred to as “this title.” (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.) 18.02.020 Authority to adopt code. A. The city of Auburn comprehensive zoning ordinance is adopted by city of Auburn ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution, the State Growth Management Act, RCW Title 35A, Optional Municipal Code, and Chapter 36.70B RCW. In accordance with ACC 1.04.060. Exhibit 3 Page 411 of 1253 Chapter 18.02 ACC, General Provisions Page 2 of 18 B. Notwithstanding any provisions otherwise, this title does not permit or allow any action, use or conduct which is in violation of or prohibited by any state or federal laws, regulations or codes. Any action, use or conduct which is prohibited by state or federal law is prohibited hereby. It is provided, however, that the provisions of this subsection B do not apply to any person or persons who has/have a valid, lawful license issued by the state of Washington to produce, process or sell marijuana, marijuana concentrates, usable marijuana and/or marijuana-infused products and is acting in full conformity with the requirements of the state of Washington related to such license pursuant to RCW 69.50.301 through 69.50.369, and WAC 314-55-005 through 314-55-540. In such instances, the state of Washington, not the city, is the permitting and licensing entity. It is provided, however, that this provision does not preclude the city from taking enforcement action in instances where conduct or activity that is licensed or permitted under RCW 69.50.301 through 69.50.369, and WAC 314-55-005 through 314-55- 540 occurs within the city of Auburn but is not in compliance with or violates the requirements of such state licensing or permitting. For the purposes of this section only, the provisions of RCW 69.50.325 through 69.50.369, and WAC 314-55-515 through 314-55-535 are hereby adopted by reference and incorporated herein. (Ord. 6525 § 5, 2014; Ord. 6416 § 4, 2012; Ord. 6245 § 2, 2009.) 18.02.030 Purpose. A. The purpose of this title is to implement the city’s comprehensive plan. This title will be used to further the growth and development of the city consistent with the adopted comprehensive plan and its implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city’s population and to prevent and abate public nuisances. B. The specific zones and regulations set out in this title are designed to: 1. Provide adequate public facilities and services, including utilities, roads, schools, and parks in conjunction with development; 2. Provide housing with essential light, air, privacy, and open space; 3. Facilitate the safe and efficient movement of traffic on the city’s streets; 4. Stabilize and enhance property values; Page 412 of 1253 Chapter 18.02 ACC, General Provisions Page 3 of 18 5. Facilitate adequate provisions for doing public and private business and thereby safeguard the community’s economic structure upon which the prosperity and welfare of all depends; and 6. Through such achievements, help ensure the safety and security of home life, foster good citizenship, and create and preserve a more healthful, serviceable and attractive municipality and environment in which to live. C. To most effectively accomplish these purposes, this title divides the city into zones wherein the location, height and use of buildings, the use of land, the size of setback areas and other open space, and the provision of off-street parking and loading are regulated and restricted in accordance with the comprehensive plan for the city. These zones and regulations are deemed necessary and are made with reasonable consideration, among other things, as to the character of each zone and its particular suitability for specific uses, the need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriate use of land throughout the city and to prevent and abate public nuisances. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.020.) 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, Land Adjustments and Divisions. Page 413 of 1253 Chapter 18.02 ACC, General Provisions Page 4 of 18 E. This title is not intended to regulate the public ways as defined in ACC 20.02.020. (Ord. 6799 § 3 (Exh. C), 2020; Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.030.) 18.02.050 Minimum requirements. A. In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purpose of this title. B. It is not the intent of this title to interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this title imposes a greater restriction upon the use of land and/or buildings or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern. (Ord. 6245 § 2, 2009.) 18.02.060 Rules for administrative interpretations. A. The planning director shall be authorized to interpret the meaning of words, phrases and sentences which relate to the determining of uses permitted in the various zones, approval or disapproval of development plans, or other related zoning actions. Any interpretations regarding implementation of this title shall be made in accordance with the intent or purpose statement of the specific regulation and the comprehensive plan. Life, safety and public health regulations are assumed to prevail over all other regulations. B. The planning director may authorize uses in a zone other than those which are listed, if the planning director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone. Further guidance on administrative interpretations of land uses can be found in ACC 18.02.120. C. Administrative interpretations may be appealed to the hearing examiner as prescribed in Chapter 18.70 ACC. D. Administrative interpretations made by the planning director shall be documented, made available for public review, and docketed for inclusion to this title, when consistent with the title format and level of detail required. The city shall incorporate administrative interpretations Page 414 of 1253 Chapter 18.02 ACC, General Provisions Page 5 of 18 upon approval of the legislative authority. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987. Formerly 18.02.040.) 18.02.065 Methods of calculating density. For subdivision purposes, the permitted number of dwelling units or lots shall be determined as follows: A. Gross Site Area. The gross site area shall be used to calculate both the minimum and maximum number of allowed dwelling units or lots. 1. When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of one-half or above shall be rounded up; and b. Fractions below one-half shall be rounded down. 2. Calculating Minimum Density. Minimum density is calculated by multiplying the gross site area by the minimum units or lots per acre allowed within the zone. For example, in the R-2 zone, 7 units or lots per acre are allowed: 4.3 acres gross site area x 7 units per acre = 30.1 (rounded down to 30) 3. Each lot shall meet the requirements established in Chapter 18.07 ACC for lot area, dimensions, setbacks, and other development standards. 4. Where a proposed area for subdivision cannot meet the minimum density due to encumbrance by critical areas, critical area buffers, or other similar types of features that preclude development, the applicant may seek to deviate from the minimum density which will be reviewed as an administrative decision as part of the subdivision application. If the applicant seeks a variance from the development standards in Chapter 18.07 ACC the variance shall be processed utilizing the provisions of ACC 18.70.010. Alterations of a critical area or its buffer shall be processed in accordance with Chapter 16.10 ACC. Compliance with the density requirements of the underlying zone shall not be used as justification for alteration of a critical area. Page 415 of 1253 Chapter 18.02 ACC, General Provisions Page 6 of 18 B. The minimum density requirements shall not apply to short plats that are processed under Chapter 17.09 ACC. C. Bonus density, where applicable, shall be computed by adding the bonus units authorized by Chapter 18.25 ACC to the base units computed under this section. (Ord. 6661 § 1, 2018; Ord. 6245 § 2, 2009.) 18.02.067 Units allowed per lot. A. Applicability. The standards in this section apply to all residential uses in residential and mixed-use zones. B. Units. For the purposes of this section, “units” refer to dwelling units, including accessory dwelling units (ADUs). C. Base units allowed per lot. All lots in residential zones greater than 1,000 sf in area may be developed with up to the number of units shown in 18.07.030(D)(1) when in compliance with all other relevant standards of this chapter and ACC 18.25. Example: If 4 units are the base units on a given lot, and a fourplex has been developed, no ADUs may be added. D. Middle Housing Base units per lot allowed with transit or affordability bonus. Unit bonuses specific to middle housing are required to comply with RCW 36.70A.635. 1. All lots in residential zones may be developed with up to the number of middle housing units shown in 18.07.030(D)(2) under the following conditions: a. The lot is within one-quarter mile of a major transit stop (as defined in ACC 18.04.597), or b. At least two units on the lot are affordable housing meeting the requirements of subsections (D)(2) through (D)(6) below. Note: Bonus units for (a) and (b) above are not cumulative. Single-unit detached housing lots are not eligible for bonuses and are not allowed as a component of the bonus development. 2. To qualify for additional units under the affordable housing provisions, applicant shall commit to renting or selling the required number of units as affordable housing. 3. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is Page 416 of 1253 Chapter 18.02 ACC, General Provisions Page 7 of 18 located, as reported by the United States Department of Housing and Urban Development: a. Rental housing: 60 percent. b. Owner-occupied housing: 80 percent. 4. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions. 5. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years. The covenant or deed restriction must address the following: a. How affordability will be defined, managed, and controlled under scenarios for both ownership and rental housing. The covenant must commit to renting or selling the required number of units as affordable housing and, for rental units, ensure the continuing rental of units consistent with Chapter 84.14 RCW. b. Criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing. 6. The units dedicated as affordable housing shall: a. Be provided in a range of sizes comparable to other units in the development. b. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development. c. Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. E. Lot area per unit above base allowance. Additional units beyond what is allowed under 18.25.040(A) are allowed based on lot area above the minimum lot size threshold. One additional unit is allowed above the base for each interval of the value shown in 18.07.030(D)(3) up to the maximum number of units per lot (18.07.030)(D)(4), except for courtyard housing. For example: a lot with an area of 5,650 sf in the R-2 zone may have one additional unit above the base of four because it is 1,250 ft larger than the minimum lot size. F. Maximum units per lot. 1. Except for courtyard housing, the total number of units shall not exceed the value listed in 18.07.030)(D)(4). Page 417 of 1253 Chapter 18.02 ACC, General Provisions Page 8 of 18 2. The maximum number of units for courtyard housing is two times the number of units listed in 18.07.030)(D)(4). 18.02.070 Establishment of zones. A. The city is divided into the following classes of zones: 1. RC, residential conservancy zone (one dwelling unit per four acres); 2. R-1, residential one unit per acre zone 3. R-2, residential low zone 4. R-3, residential moderate zone 5. R-4, residential high zone 6. R-MHC, manufactured/mobile home community zone; 7. RF, residential flex zone 8. R-NM, residential neighborhood mixed-use zone 9. C-1, light commercial zone; 10. C-2, heavy commercial zone; 11. M-1, light industrial zone; 12. M-2, heavy industrial zone; 13. LF, airport landing field zone; 14. P-1, public use zone; 15. UNC, unclassified use zone; 16. I, institutional use zone; 17. DUC, downtown urban center – 125 district 18. DUC, downtown urban center - 75 District Page 418 of 1253 Chapter 18.02 ACC, General Provisions Page 9 of 18 19. DUC, downtown urban center - 55 District 20. DUC, neighborhood residential district 21. DUC, health and wellness district 22. DUC, residential-flex district 23. DUC, light commercial district 24. DUC, heavy commercial district 25. DUC, light industrial district 26. OS, open space zone. B. The zones set out in subsection A of this section are established as the designations, locations, and boundaries thereof as set forth and indicated on the zoning map. C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to all lands in the city of Auburn. The intent statements shall guide interpretation and application of land use regulations within the zones, and any change to the range of allowed uses within each zone through amendment to this title. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6677 § 1, 2018; Ord. 6245 § 2, 2009.) 18.02.080 Zoning map. A. “Zoning map,” as used in this title, is that certain map, three copies of which are on file in the office of the city clerk, labeled “Comprehensive Zoning Map of the city of Auburn, Washington,” dated June 1, 1987, and adopted by Ordinance No. 4230 and signed by the mayor and city clerk, along with all amendments thereto. The types of zoning map amendments are listed in ACC 18.68.030(A). B. Current copies of the zoning map are available for examination and/or purchase at the community development department. The zoning map is adopted and made a part of the comprehensive zoning ordinance, with the most current amended copy serving as the official zoning map. (Ord. 6779 § 2, 2020; Ord. 6287 § 2, 2010; Ord. 6245 § 2, 2009.) Page 419 of 1253 Chapter 18.02 ACC, General Provisions Page 10 of 18 18.02.090 Zone boundary interpretation. Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such lines; B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; C. Boundaries indicated as approximately following city limits shall be construed as following city limits; D. Boundaries indicated as following railroad lines shall be construed as to be midway between the main tracks; E. Boundaries indicated as parallel to or extensions of features indicated in subsections A through D of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; F. Where physical or cultural features existing on the ground are at a variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through E of this section, the planning director shall interpret the zone boundaries; G. When the city vacates a street or alley, the vacated property will be zoned consistent with the adjacent property it is being vacated to. (Ord. 6245 § 2, 2009.) 18.02.100 Zoning for annexed land. Prior to any parcel of land being annexed to the city, the property may be zoned consistent with the rezone requirements of this title and the comprehensive plan may be amended if necessary. Application for the rezone and any necessary amendment may be done simultaneously with the request for annexation. Page 420 of 1253 Chapter 18.02 ACC, General Provisions Page 11 of 18 For property that is not assigned a zone classification by the city of Auburn at annexation, the property shall assume the UNC unclassified use designation upon annexation. In such case, the planning director shall initiate an application to rezone from the UNC unclassified use designation to a zone compatible with the comprehensive plan within six months of the date of annexation. (Ord. 6245 § 2, 2009; Ord. 5354 § 2, 2000; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987. Formerly 18.02.050.) 18.02.110 Zoning for property influenced by Auburn Municipal Airport. Refer to Chapter 18.38 ACC to determine if property will be required to comply with additional regulations that are associated with the airport. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997. Formerly 18.02.060.) 18.02.120 Permitted land uses established. A. Categories of Uses Established. Chapters 18.07 through 18.44 ACC establish permitted, administrative, conditional, and prohibited uses, by zone, for all properties within the Auburn city limits. All principal uses in a given zone are one of four types: 1. Permitted use (see ACC 18.04.696); 2. Administrative use (see ACC 18.04.025); 3. Conditional use (see ACC 18.04.260); 4. Prohibited use (see ACC 18.04.752). Uses which are incidental and customary to a principal use may be considered an accessory use as defined in ACC 18.04.020. Uses not specifically identified as principal uses or determined to be an accessory use shall be classified utilizing the procedures outlined in subsection (C)(6) of this section. B. Zoning Use Tables Established for Residential Zones. The zone use tables in ACC 18.07.020 and 18.09.020 establish whether a specific use is permitted in a zone and whether the use is Page 421 of 1253 Chapter 18.02 ACC, General Provisions Page 12 of 18 allowed as a permitted, administrative, conditional, or prohibited use. The zone is located on the horizontal row and the specific use is located on the vertical column of these tables. C. Interpretation of Zone Use Tables. 1. Legend. The following letters have the following meanings when they appear in the box at the intersection of the column and the row on the zone use tables: Symbol Description P Permitted Use A Administrative Use C Conditional Use X Prohibited Use 2. Other Requirements Applicable. The above uses are subject to the other application requirements, citywide property development standards, and applicable overlay district regulations specified in the zoning code, the project review procedures specified in ACC Title 14, the building and construction standards of ACC Title 15, the environmental review procedures and regulations specified in ACC Title 16, and the regulations for the division of land in ACC Title 17. 3. Additional Use-Related Conditions. If a number also appears at the intersection of the column and the row, the use is also subject to the additional requirements as listed in the corresponding endnote immediately following the use table in the specified code chapter. All applicable requirements shall govern a use whether specifically identified in the zone chapter or not. 4. Accessory Use Interpretation. The planning director or designee may determine if a use that is not specifically described as accessory is permitted as an accessory to a principal use in a zone. Upon inquiry by an applicant, an administrative interpretation shall be made by the planning director or designee to determine if a proposed use is allowed as an accessory Page 422 of 1253 Chapter 18.02 ACC, General Provisions Page 13 of 18 use within the zone utilizing the purpose and intent of the zone, comprehensive plan policy guidance, and the definition of accessory use contained in Chapter 18.04 ACC. 5. Prohibited Uses. If an “X” appears in the box at the intersection of the column and the row, the use is prohibited in that zone. Similarly, if a use is listed in one zone use table but not another zone use table, it shall be considered prohibited in the zone use table in which it is not listed. For example, a use listed in the industrial zone use table of Chapter 18.16 ACC, but not listed in the residential zone use table of Chapter 18.07 ACC, shall be considered prohibited in the residential zones listed in Chapter 18.07 ACC even though the land use does not appear with an “X” in the use table. 6. Unclassified Uses. Upon inquiry by an applicant, an administrative interpretation shall be made by the planning director or designee to determine if a proposed use not specifically listed in any zone use table is allowed within a specific zone utilizing the criteria in this subsection. Should an interpretation be made that a proposed, unlisted use not be allowed in a specific zone, the planning director or designee shall indicate which zones, if any, do permit the use. a. Criteria for Unclassified Uses. In order to make a determination that an unclassified use is permitted, administratively permitted, conditionally permitted, or accessory, the planning director or designee must find that the use is: i. In keeping with the intent of the zone, and consistent with Auburn comprehensive plan policies; and ii. Similar in nature to, and no more intense than, specifically listed permitted, conditional or accessory uses; and iii. Consistent with subsection (C)(4) of this section, if determined to be permissible as an accessory use. (Ord. 6269 § 1, 2009; Ord. 6245 § 2, 2009.) 18.02.130 Neighborhood review meeting. A. Purpose. The purpose of the neighborhood review meeting is for a developer/applicant of a proposed project to hold a meeting with surrounding and adjacent neighboring residents, property owners, homeowners’ associations, residents and businesses (hereinafter collectively Page 423 of 1253 Chapter 18.02 ACC, General Provisions Page 14 of 18 referred to as “neighbors”) prior to submitting an application to the city. The neighbors would have an early opportunity to become familiar with either a residential subdivision, multifamily or mixed development proposal of a certain size and scale early in the development review process and to identify any associated issues. The neighborhood review meeting is intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The city expects an applicant to take into consideration the reasonable concerns and recommendations of the neighbors and other interested persons when preparing an application. B. Applicability. A neighborhood review meeting shall be required for the following types of new land use application in any applicable zoning district within the city: 1. A residential subdivision project comprising 40 or more lots or units; or 2. A multifamily residential project comprising 40 or more units; or 3. A mixed-use development project comprising 40 or more units. C. Time Frames. 1. Prior to submittal of an application, an applicant shall provide an opportunity to meet with neighboring residents, property owners, homeowners’ associations, residents and businesses (hereinafter collectively referred to as “neighbors”) within the city-specified notice radius to review the proposal. 2. The applicant shall not be required to hold more than one neighborhood review meeting. D. Procedures. 1. The applicant shall select the meeting time and place. The starting time selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall not occur on a federally recognized holiday. The meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act. The public meeting shall be held within the Auburn city limits, at a location no further than two miles from the project site, unless an alternate meeting location is approved by the planning director. A sign at least 22 inches by 28 inches in size with minimum two-inch lettering shall be placed at the main entrance of the building where the meeting will take place at least Page 424 of 1253 Chapter 18.02 ACC, General Provisions Page 15 of 18 one hour prior to the meeting. Such sign will announce the meeting purpose, that the meeting is open to the public and that interested persons are invited to attend. This sign shall be removed upon conclusion of the meeting by the applicant. 2. The applicant shall send by regular mail a written notice announcing the neighborhood review meeting to the director of the city of Auburn planning and development department and property owners within 300 feet of the property(ies) involved in the development review application. The notice shall include the date, time and location of the meeting and briefly discuss the nature and location of the proposal. The notice shall be mailed not less than 20 calendar days prior to the meeting date. The mailing list shall be obtained by the applicant and based on the most recent property tax assessment rolls of the King County department of assessments or the Pierce County assessor-treasurer’s office, whichever is applicable. 3. Not less than 20 calendar days prior to the neighborhood review meeting, the applicant shall post a notice on the property which is the subject of the proposed application. The notice shall be posted at the property in a visible and accessible location. The notice shall state that the site may be subject to a proposed development and shall set forth the name of the applicant and a telephone number where the applicant or applicant’s contact person can be reached for additional information. The site shall remain posted until the conclusion of the neighborhood review meeting. The city will not be responsible for posting of any signs. 4. The sign at the building entrance under subsection (D)(1) of this section, the notices sent by mail under subsection (D)(2) of this section and the site posting under subsection (D)(3) of this section shall each contain the following statement: The intent of this meeting is to facilitate an early informal discussion between the project developer and the neighbors regarding the project. While required by the City of Auburn, this meeting is not conducted by the City of Auburn and is in addition to any future hearings or public comment opportunities available under city development review processes. 5. At the neighborhood review meeting, the applicant shall describe the proposed application to persons in attendance. The attendees may identify any issues that they Page 425 of 1253 Chapter 18.02 ACC, General Provisions Page 16 of 18 believe should be addressed in the application and recommend that those issues be submitted for city consideration and analysis. 6. The applicant shall prepare and make available the following materials for review and discussion at the public meeting: a. Total number of dwelling units/lots expected to be built; b. Conceptual site plan/plat layout showing buildings, road layout, landscape, parking, topography and open space areas, and adjacent properties; and c. Aerial photograph showing the subject property and adjacent properties. 7. At the neighborhood review meeting, a sign-in sheet shall be distributed to all meeting attendees that specifies the date, time and location of the neighborhood review meeting and asks for the name, address, phone number and electronic mail address of each meeting attendee. 8. At the neighborhood review meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the city. E. Submittal Requirements. The applicant shall submit the following information with the submittal of a development application: 1. A copy of the notice provided to surrounding property owners within 300 feet of the proposed development site. 2. A copy of the mailing list used to send out meeting notices. 3. A written statement containing the information posted on the property. 4. An affidavit of mailing and posting notices. 5. A copy of the meeting sign-in sheet. 6. Copies of written materials and eight-and-one-half-inch by 11-inch size plans presented at the neighborhood review meeting. 7. Notes of the meeting including a summary of oral and written comments received. Page 426 of 1253 Chapter 18.02 ACC, General Provisions Page 17 of 18 8. If responses to the meeting notice were not received by the applicant and no one attended the neighborhood review meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both. F. Notice. 1. All property owners who receive notice of the neighborhood review meeting shall be eligible to receive a copy of the written city decision for the development proposal. 2. All neighbors receiving notice of or attending the neighborhood review meeting shall be eligible to receive a copy of the written city decision for the development proposal through a request made to the city. G. Consideration. The city shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the neighborhood review meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The city, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate design or project review decision-making authority to the participants in the public meeting. H. City Involvement. The neighborhood review meeting is intended to be a developer- neighborhood interaction. City staff are not required to attend and/or participate in neighborhood review meetings. There will be other official opportunities for residents and neighbors to make comment during the development review process that would follow the neighborhood review meeting. The director of the planning and development department or designee shall be notified a minimum of seven calendar days prior to the scheduled date of the neighborhood review meeting. Any city staff attendance at a neighborhood review meeting is for informational purposes only, does not represent the city’s position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future. (Ord. 6287 § 2, 2010; Ord. 6245 § 2, 2009.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Page 427 of 1253 Chapter 18.02 ACC, General Provisions Page 18 of 18 Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 428 of 1253 Chapter 18.04 ACC, Definitions Page 1 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Chapter 18.04 DEFINITIONS Sections: 18.04.010 General definitions. 18.04.018 Accessory dwelling unit. 18.04.019 Accessible electric vehicle charging station. 18.04.020 Accessory use. 18.04.021 Accessory use, manufactured home community. 18.04.022 Repealed. 18.04.023 Accessory use, residential. 18.04.024 Repealed. 18.04.025 Administrative use. 18.04.027 Repealed. 18.04.030 Repealed. 18.04.031 Adult family home. 18.04.032 Repealed. 18.04.035 Agricultural enterprise. 18.04.036 Agricultural store. 18.04.039 Aircraft operations. 18.04.040 Airport, heliport or aircraft landing field. 18.04.050 Airport elevation. 18.04.060 Airport hazard. 18.04.070 Airport landing area. 18.04.072 Airport manager. 18.04.080 Airport reference point. 18.04.090 Alley. 18.04.100 Amusement device, mechanical. 18.04.105 Animal shelter, public. 18.04.110 Apartment. 18.04.115 Apiary. 18.04.120 Arcade. 18.04.125 Assisted living facility. 18.04.130 Automobile repair. 18.04.140 Repealed. 18.04.150 Automobile wrecking. 18.04.160 Automobile wrecking yard. 18.04.170 Automobile, trailer, equipment sales area. 18.04.171 Battery charging station. 18.04.172 Battery electric vehicle (bev). Page 429 of 1253 Chapter 18.04 ACC, Definitions Page 2 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.173 Battery exchange station. 18.04.175 Bed and breakfast. 18.04.180 Repealed. 18.04.185 Repealed. 18.04.190 Building. 18.04.192 Building and landscape materials sales. 18.04.194 Building contractor, heavy. 18.04.195 Building contractor, light. 18.04.200 Building height. 18.04.210 Building, main. 18.04.220 Repealed. 18.04.230 Building site. 18.04.235 Built green. 18.04.235.1 Caretaker apartment. 18.04.236 Charging levels. 18.04.237 Chicken coop. 18.04.238 Chicken run. 18.04.240 Commercial use. 18.04.245 Commercial vehicle. 18.04.246 Commercial recreation facility, indoor. 18.04.247 Commercial recreation facility, outdoor. 18.04.248 Community retail establishment. 18.04.249 Communal residence. 18.04.250 Comprehensive plan. 18.04.260 Conditional use. 18.04.265 Condominium. 18.04.270 Conforming use. 18.04.280 Repealed. 18.04.282 Convenience store. 18.04.283 Crematorium. 18.04.285 Dangerous waste. 18.04.290 Daycare center, nursery school, preschool. 18.04.294 Designated accessible space. 18.04.295 Designated facility zone. 18.04.300 Density. 18.04.301 Density, base. 18.04.302 Density bonus. 18.04.303 Density, minimum. 18.04.310 Development standards. 18.04.318 Dripline. 18.04.320 Repealed. Page 430 of 1253 Chapter 18.04 ACC, Definitions Page 3 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.325 Domestic fowl and poultry. 18.04.330 Dwelling. 18.04.340 Dwellings, types of. 18.04.350 Dwelling unit. 18.04.351 Electric scooters and motorcycles. 18.04.352 Electric vehicle. 18.04.353 Electric vehicle charging station. 18.04.354 Electric vehicle charging station – Restricted. 18.04.355 Extremely hazardous waste. 18.04.356 Electric vehicle charging station – Public. 18.04.357 Electric vehicle infrastructure. 18.04.358 Electric vehicle parking space. 18.04.359 Emergency Housing 18.04.360 Emergency Shelter 18.04.361 Entertainment, commercial. 18.04.362 Family. 18.04.365 FAR Part 77 surfaces. 18.04.370 Fence. 18.04.371 Fence, opacity. 18.04.372 Fence, screened. 18.04.373 Fence, visibility. 18.04.374 Fence, 100 percent sight-obscuring. 18.04.376 Retaining wall. 18.04.380 Floor area. 18.04.390 Foster care home. 18.04.395 Fueling station. 18.04.400 Garage or carport, residential. 18.04.410 Garage, commercial. 18.04.411 Golf course. 18.04.412 Governmental facilities. 18.04.420 Grade. 18.04.425 Green building practices. 18.04.430 Gross floor area. 18.04.440 Group residence facility. 18.04.445 Growth center. 18.04.450 Guest cottage. 18.04.452 Hazardous material. 18.04.453 Hazardous substance. 18.04.454 Hazardous substance processing or handling. 18.04.455 Hazardous waste. 18.04.456 Hazardous waste storage. Page 431 of 1253 Chapter 18.04 ACC, Definitions Page 4 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.457 Hazardous waste treatment. 18.04.458 Hazardous waste treatment and storage facility, off-site. 18.04.459 Hazardous waste treatment and storage facility, on-site. 18.04.460 Home occupation. 18.04.465 Homeless encampment. 18.04.466 Horse riding, commercial. 18.04.470 Hospital. 18.04.480 Hospital or clinic, small animal. 18.04.485 Host agency. 18.04.490 Hotel. 18.04.495 Household pet. 18.04.496 Housing rehabilitation. 18.04.497 Impervious surface. 18.04.498 Incidental. 18.04.499 Intensity. 18.04.500 Junkyard. 18.04.510 Kennel. 18.04.515 Kitchen. 18.04.520 Landscaping. 18.04.522 Reserved. 18.04.523 Large domestic animal. 18.04.525 Leadership in energy and environmental design (leed). 18.04.527 Live/work unit. 18.04.530 Lot. 18.04.540 Lot area. 18.04.550 Lot coverage. 18.04.560 Lot dimensions. 18.04.570 Lot lines. 18.04.580 Lot of record. 18.04.590 Lot types. 18.04.595 Low impact development. 18.04.597 Major transit stop 18.04.600 Manufactured home. 18.04.610 Manufactured home community. 18.04.612 Manufacturing, assembling and packaging – Heavy intensity. 18.04.614 Manufacturing, assembling and packaging – Light intensity. 18.04.616 Manufacturing, assembling and packaging – Medium intensity. 18.04.617 Medium domestic animal. 18.04.619 Medium-speed electric vehicle. 18.04.620 Medical-dental clinic. 18.04.621 Middle housing Page 432 of 1253 Chapter 18.04 ACC, Definitions Page 5 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.622 Miniature goat. 18.04.623 Microbrewery or a small craft brewery. 18.04.625 Mixed-use development. 18.04.630 Mobile home. 18.04.635 Motor freight terminal. 18.04.640 Motel. 18.04.641 Multimodal transportation corridor. 18.04.642 Municipal park. 18.04.643 Museum. 18.04.643.1 Neighborhood electric vehicle. 18.04.644 Neighborhood recreation buildings. 18.04.644.1 Neighborhood retail establishment. 18.04.645 Neighborhood services. 18.04.648 Net density. 18.04.649 Nonelectric vehicle. 18.04.650 Nonconforming use. 18.04.660 Nursing home. 18.04.670 Occupancy. 18.04.672 Outdoor sales. 18.04.676 Outdoor storage. 18.04.676.1 Overlay zone. 18.04.677 Owner occupied unit. 18.04.678 Repealed. 18.04.680 Parking area. 18.04.690 Parking space or stall. 18.04.692 Parking structure. 18.04.694 Permanent supportive housing. 18.04.696 Permitted use. 18.04.700 Person. 18.04.710 Personal service shop. 18.04.730 Planning commission. 18.04.740 Planning director. 18.04.741 Plug-in hybrid electric vehicle (PHEV). 18.04.742 Potbelly pig. 18.04.744 Prerelease facility. 18.04.745 Print and copy shop. 18.04.746 Private country clubs and golf courses, excluding driving ranges. 18.04.748 Privately owned and operated parks and playgrounds. 18.04.750 Professional offices. 18.04.752 Prohibited use. 18.04.754 Public art. Page 433 of 1253 Chapter 18.04 ACC, Definitions Page 6 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.756 Public recreational amenity. 18.04.760 Public use. 18.04.770 Quasi-public use. 18.04.779 Rapid charging station. 18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper. 18.04.790 Recreational vehicle park. 18.04.791 Regional retail establishment. 18.04.792 Religious institution. 18.04.794 Renting of rooms. 18.04.796 Repair services – Equipment, appliances. 18.04.800 Residence. 18.04.804 Restaurant, full-service. 18.04.805 Right-of-way. 18.04.806 Schools, elementary and middle/junior high. 18.04.807 Schools, secondary or high school. 18.04.808 Secure community transition facility. 18.04.809 Senior housing. 18.04.810 Setback. 18.04.811 Setback area. 18.04.812 Setback, front. 18.04.813 Setback, rear. 18.04.814 Setback, side. 18.04.815 Setback line. 18.04.816 Shop. 18.04.818 Shopping center. 18.04.820 Sign. 18.04.821 Site. 18.04.822 Site area. 18.04.823 Small domestic animal. 18.04.824 Social and service organizations. 18.04.825 Solid waste. 18.04.826 Solid waste processing facility. 18.04.827 Special events. 18.04.828 Sponsoring agency. 18.04.829 Store. 18.04.830 Repealed. 18.04.835 Special needs housing. 18.04.840 Repealed. 18.04.850 Reserved. 18.04.855 Small craft distillery. 18.04.860 Story. Page 434 of 1253 Chapter 18.04 ACC, Definitions Page 7 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.870 Street, private. 18.04.880 Street, public. 18.04.890 Structure. 18.04.891 Supportive housing. 18.04.892 Sustainable design. 18.04.894 Tasting room. 18.04.895 Tavern.18.04.896 Transmitting tower. 18.04.897 Unclassified use. 18.04.900 Use. 18.04.901 Utility facilities and substations. 18.04.910 Variance. 18.04.911 Walking distance. 18.04.912 Wine production facility. 18.04.912.1 Winery. 18.04.912 Wireless communications. 18.04.913 Work/live unit. 18.04.914 Work release facility. 18.04.920 Yard. 18.04.930 Yard, front. 18.04.940 Yard, rear. 18.04.950 Yard, side. 18.04.954 Youth community support facility. 18.04.960 Zone. 18.04.1001 Child care center. 18.04.1005 Marijuana or marihuana. 18.04.1007 Marijuana cooperative. 18.04.1009 Marijuana-infused products. 18.04.1011 Marijuana processor. 18.04.1013 Marijuana producer. 18.04.1015 Marijuana related business. 18.04.1017 Marijuana retailer. 18.04.1019 Marijuana researcher. 18.04.1021 Marijuana transporter. 18.04.1023 Public or private park. 18.04.1025 Public or private playground. 18.04.1027 Public or private recreational center. 18.04.1029 Public transit center. Page 435 of 1253 Chapter 18.04 ACC, Definitions Page 8 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.010 General definitions. Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular, the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision, and the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.018 Accessory dwelling unit. An “accessory dwelling unit” is a self-contained residential unit that is accessory to a single-unit detached housing or middle housing units located on individually owned lots, where the accessory dwelling unit is located on the same lot. An accessory dwelling unit has its own bathroom, kitchen facilities, living and sleeping areas, though it can share other features with the primary unit including the yard, parking, storage or laundry facilities. The accessory dwelling unit may be attached or detached to the single-unit detached housing or middle housing unit(s). An accessory dwelling unit excludes accessory residential uses as defined in ACC 18.04.023. (Ord. 6245 § 3, 2009; Ord. 5399 § 1, 2000.) 18.04.019 Accessible electric vehicle charging station. “Accessible electric vehicle charging station” means an electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum 44-inch width) and the electric vehicle. (Ord. 6365 § 1, 2011.) 18.04.020 Accessory use. “Accessory use” means a use, a building or structure, part of a building or other structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot, including a residential garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building. Parking areas will not be considered an accessory use under this definition. See related definitions for “Accessory use, manufactured home community” and “Accessory use, residential.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 436 of 1253 Chapter 18.04 ACC, Definitions Page 9 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.021 Accessory use, manufactured home community. “Manufactured home community accessory use” is a subordinate use which supports the principal manufactured home community use without displacing it. Manufactured home community accessory uses include but are not limited to recreation facilities, clubhouses, park offices, and utility rooms to serve the residents of the park only. (Ord. 6245 § 3, 2009.) 18.04.022 Adult book and video establishment. Repealed by Ord. 5835. 18.04.023 Accessory use, residential. “Residential accessory use” means a subordinate use which supports the principal residential use without displacing it. The accessory residential use is typically located on the same lot occupied by the principal residential use. Residential accessory uses include residential garage, guest cottage, recreation room, tool shed, swimming pool, noncommercial greenhouse, private stable, barn, pen, coop, or similar structure. This use excludes accessory dwelling units, as defined in ACC 18.04.018, and manufactured home community accessory uses. (Ord. 6245 § 3, 2009.) 18.04.024 Adult entertainment establishment. Repealed by Ord. 5835. 18.04.025 Administrative use. “Administrative use” means a use permitted in a zone only after review and approval by the planning director or designee. Administrative uses are those which typically have some potential for impacts to neighboring properties, but which may be permitted within a zone following review by the city to establish conditions mitigating impacts of the use and to assure compatibility with other uses in the zone. (Ord. 6269 § 27, 2009.) Page 437 of 1253 Chapter 18.04 ACC, Definitions Page 10 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.027 Adult entertainment. Repealed by Ord. 5835. 18.04.030 Adult motion picture theater. Repealed by Ord. 5835. 18.04.031 Adult family home. “Adult family home” means a residential home licensed by the state in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. Adult family homes are not communal residences. (Ord. 6560 § 1, 2015; Ord. 6245 § 3, 2009.) 18.04.032 Adult uses. Repealed by Ord. 5835. 18.04.035 Agricultural enterprise. “Agricultural enterprise” means a business enterprise which is engaged in, or related to, farming or agricultural production and other businesses and services supporting and promoting agriculture practices and the practice of locally and regionally grown foods. The term shall include the following: A. “Agritourism” means a business enterprise activity that includes operation of a working farm or any agricultural or horticultural operation that, while not an exclusive function, is open to the public on a seasonal basis for enjoyment, recreation, personal entertainment, or education. B. “Agricultural entertainment” means any event or activity that allows for recreation, entertainment, education and tourism associated with agricultural activities. (Ord. 6363 § 1, 2011.) 18.04.036 Agricultural store. “Agricultural store” means a retail food establishment, housed in a permanent structure, whose primary economic activity is the sale of local and regional agricultural products directly to consumers. An agricultural store may also include the sale of sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages for consumption on site. (Ord. 6363 § 1, 2011.) Page 438 of 1253 Chapter 18.04 ACC, Definitions Page 11 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.039 Aircraft operations. “Aircraft operations” means the movement of aircraft operating in the airport traffic pattern or within sight of the airport. A landing or takeoff is one operation. An aircraft that takes off and then lands creates two aircraft operations. (Ord. 6838 § 1 (Exh. A), 2021.) 18.04.040 Airport, heliport or aircraft landing field. “Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether publicly or privately owned or operated, and which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft. This definition includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces. This definition does not include manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith. (Ord. 6838 § 1 (Exh. A), 2021; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.050 Airport elevation. “Airport elevation” means the established elevation of the highest point on the usable landing area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.060 Airport hazard. “Airport hazard” means any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.070 Airport landing area. “Airport landing area” means the area of the airport used for the landing, taking off or taxiing of aircraft. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 439 of 1253 Chapter 18.04 ACC, Definitions Page 12 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.072 Airport manager. Airport Manager. See definition in Chapter 12.56 ACC. (Ord. 6838 § 1 (Exh. A), 2021.) 18.04.080 Airport reference point. “Airport reference point” means the point established as the approximate geographic center of the airport landing area and so designated. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.090 Alley. “Alley” means a public travel way or other public right-of-way under the jurisdiction and control of the city and not designated for general travel and used primarily as a means of access to the rear of residential and/or business establishments. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.100 Amusement device, mechanical. “Mechanical amusement device” means any machine which, upon the insertion of a coin, slug, token, plate, disk, monetary bill or credit card, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, video games and all games, operations or transactions similar thereto under whatever name they may be indicated to specify. “Mechanical amusement device” does not include pool tables. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.105 Animal shelter, public. “Animal shelter, public” means a facility that is used to temporarily house or contain stray, homeless, abandoned or unwanted animals. The facility must be owned, operated, or maintained by one or more of the following: an animal care and control agency; humane society, or society for the prevention of cruelty to animals registered under Chapter 16.52 RCW, or another nonprofit organization devoted to the welfare, protection, and humane treatment of animals, when such society or organization is then under contract with an animal care and control agency. An animal shelter, public may provide supporting services, including medical care. (Ord. 6407 § 2, 2012.) Page 440 of 1253 Chapter 18.04 ACC, Definitions Page 13 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.110 Apartment building. “Apartment Building” means: (a) A building containing seven or more attached dwelling units, including a building containing nonresidential units if the building also contains seven or more attached dwelling units, but excluding the following classes of buildings: (i) Hotels and motels; (ii) Dormitories; (iii) Care facilities; (iv) Floating homes; (v) Middle Housing (vi) A building that contains attached dwelling units that are each located on a single platted lot; (vi) A building in which all of the dwelling units are held under one ownership and is subject to a recorded irrevocable sale prohibition covenant; (viii) A building with six or fewer units that is no more than three stories; and (iv) A building with six or fewer units that is no more than three stories so long as one story is utilized for parking, either above or below ground, or retail space. 18.04.115 Apiary. “Apiary” (“apiaries”) means a place where honey bees (Apis mellifera) are kept; a collection of beehives. “Beekeeping” is included under this definition. (Ord. 6600 § 1, 2016.) 18.04.120 Arcade. “Arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted. (Ord. 6642 § 14, 2017; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.125 Assisted living facility. “Assisted living facility” means a combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. An establishment with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential. An assisted living facility is not a communal residence. (Ord. 6560 § 2, 2015; Ord. 6245 § 3, 2009; Ord. 6140 § 1, 2007.) Page 441 of 1253 Chapter 18.04 ACC, Definitions Page 14 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.130 Automobile repair. “Automobile repair” includes fixing, incidental body or fender work, painting, and upholstering, engine tune- up, adjusting lights, installation/repair of electrical or electronic components, brakes, supplying and installing replacement parts to passenger vehicles and trucks. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.140 Automobile service station. Repealed by Ord. 6433. 18.04.150 Automobile wrecking. “Automobile wrecking” means the dismantling or disassembling of used motor vehicles or trailers, the storage, sale or dumping of dismantled, obsolete, or wrecked vehicles or their parts, and the towing of such vehicles or parts in connection with such activity. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.160 Automobile wrecking yard. “Automobile wrecking yard” means any premises devoted to automobile wrecking. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.170 Automobile, trailer, equipment sales area. “Automobile, trailer and equipment sales area” means an open area, other than a street or alley, used for the display, sale or rental of new or used automobiles, trucks, trailers or other equipment. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.171 Battery charging station. “Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.) Page 442 of 1253 Chapter 18.04 ACC, Definitions Page 15 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.172 Battery electric vehicle (bev). “Battery electric vehicle (BEV)” means any vehicle that operates exclusively on electrical energy from an off- board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord. 6365 § 1, 2011.) 18.04.173 Battery exchange station. “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.) 18.04.175 Bed and breakfast. “Bed and breakfast” means a residential home maintained by an on-premises owner that provides no more than six guest rooms which are used, rented, or hired out to guests to be occupied for sleeping purposes, and which may also offer communal dining services. (Ord. 6245 § 3, 2009.) 18.04.180 Boardinghouse. Repealed by Ord. 6477. 18.04.185 Brew pub. Repealed by Ord. 6368. 18.04.190 Building. “Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.192 Building and landscape materials sales. “Building and landscape material sales” means a retail or wholesale establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. (Ord. 6433 § 3, 2012.) Page 443 of 1253 Chapter 18.04 ACC, Definitions Page 16 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.194 Building contractor, heavy. “Building contractor, heavy” means businesses relating to the heavy construction trades including but not limited to: excavation work, highway and street construction; heavy construction, masonry and concrete work and water well drilling. These types of businesses generally have heavy equipment that may be stored outside. (Ord. 6433 § 4, 2012.) 18.04.195 Building contractor, light. “Building contractor, light” means businesses relating to the building trades including but not limited to: plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; carpentry and flooring; roofing and sheet metal. These types of businesses generally do not have heavy equipment or building materials stored outside. (Ord. 6433 § 5, 2012.) 18.04.200 Building height. “Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. See Figure 18.04.200. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 444 of 1253 Chapter 18.04 ACC, Definitions Page 17 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.210 Building, main. “Main building” means the principal building or buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.220 Building official. Repealed by Ord. 6245. 18.04.230 Building site. “Building site” means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.235 Built green. “Built green” means an environmental building program locally administered by the Master Builders Association of King and Snohomish Counties which provides rating systems which quantify environmentally friendly building practices for remodeling and new residential construction. The construction must qualify for a minimum number of points in order to be certified as “built green.” Each building receives a one – to five- star rating based on the builder’s ability to meet the sustainable design standards. (Ord. 6245 § 3, 2009; Ord. 6036 § 5, 2006.) 18.04.235.1 Caretaker apartment. “Caretaker apartment” means an accessory housing unit that is permitted in association with a commercial or industrial use where no residential dwelling exists, for the express purpose of providing a housing unit for on- site security or operations personnel. (Ord. 6433 § 6, 2012.) 18.04.236 Charging levels. “Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms “1,” “2,” and “3” are the most common EV charging levels, and include the following specifications: A. Level 1 is considered slow charging. Page 445 of 1253 Chapter 18.04 ACC, Definitions Page 18 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. B. Level 2 is considered medium charging. C. Level 3 is considered fast or rapid charging. (Ord. 6365 § 1, 2011.) 18.04.237 Chicken coop. “Chicken coop” means a building for housing and weather protection for domestic fowl. The chicken coop is treated as an accessory structure. (Ord. 6600 § 2, 2016.) 18.04.238 Chicken run. “Chicken run” or “chicken pen” means an area enclosed by fencing or netting which may or may not be connected to a coop within which domestic fowl can move about freely within a limited portion of the property or site. (Ord. 6600 § 3, 2016.) 18.04.240 Commercial use. “Commercial use” shall mean any activity or use of land which involves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use; whether or not such activity or use be for hire or on account of the buyer, seller, processor, or improver. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.245 Commercial vehicle. “Commercial vehicle” means semi-truck tractors and/or semi-trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. (Ord. 6245 § 3, 2009; Ord. 6019 § 1, 2006.) 18.04.246 Commercial recreation facility, indoor. “Commercial recreation facility, indoor” means a private for-profit or nonprofit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge and wholly enclosed in the building. Typical uses include athletic and health club, pool or billiard hall, indoor swimming pool, bowling alley, skating rink or climbing gyms. (Ord. 6433 § 7, 2012.) Page 446 of 1253 Chapter 18.04 ACC, Definitions Page 19 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.247 Commercial recreation facility, outdoor. “Commercial recreation facility, outdoor” means a private for-profit or nonprofit establishment offering recreation or providing entertainment or games of skill to the general public for a fee or charge where any portion of the activity takes place in the open, excluding public parks. Typical uses include: racetracks; miniature golf; skateboard park; swimming and wading, therapeutic facilities; and tennis, handball, basketball courts; batting cages, trampoline facilities. (Ord. 6433 § 8, 2012.) 18.04.248 Community retail establishment. “Community retail establishment” means stores, shops and businesses either individually or in a shared space setting serving a geographic area of the city that engage in merchandise sales. (Ord. 6433 § 9, 2012.) 18.04.249 Communal residence. “Communal residence” is a business operated out of a single residential home without an owner occupant residing therein, where the residential home, or portions thereof, is/are rented to more than one individual through separate, unrelated lease or rental agreements. The fact that the individuals rent the residence or a portion thereof through separate, unrelated lease or rental agreements shall be prima facie evidence that the individuals are unrelated and do not meet the definition of “family” per ACC 18.04.360. Adult family homes, foster care homes, group residence facilities, special needs housing, and supportive housing are not communal residences. (Ord. 6560 § 3, 2015; Ord. 6477 § 10, 2013.) 18.04.250 Comprehensive plan. “Comprehensive plan” means the comprehensive plan for the Auburn planning area, as now constituted, or hereafter amended, or its successor. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.260 Conditional use. “Conditional use” means a use permitted in a zone only after review and approval by the hearing examiner. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zone, or if the site is regulated in a certain manner in order to achieve the purposes of this title. (Ord. 6245 § 3, 2009; Ord. 6185 § 1, 2008; Ord. 4229 § 2, 1987.) Page 447 of 1253 Chapter 18.04 ACC, Definitions Page 20 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.265 Condominium. “Condominium” means a form of ownership in which individuals purchase and own individual units in a multi-unit complex and jointly own and share financial responsibility for certain common areas. Residential condominiums in multifamily buildings differ from apartments in that each unit is individually owned, and any land in the project is owned in common by all householders. (Ord. 6245 § 3, 2009.) 18.04.270 Conforming use. “Conforming use” means an activity the nature and type of which is permitted in the zone in which the property on which it is established is located. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.280 Contract rezone. Repealed by Ord. 6245. 18.04.282 Convenience store. “Convenience store” means a small retail establishment that offers convenience goods for sale, such as prepackaged food items, beverages, tobacco, personal care items, and other household goods and often characterized by 24 hours a day operations. These stores can be part of a fueling station or an independent facility. (Ord. 6433 § 10, 2012.) 18.04.283 Crematorium. “Crematorium” means a facility for the burning of corpses, human or animal, to ashes either as a principal use or as an accessory use. Crematoriums do not include establishments where incinerators are used to dispose of toxic or hazardous materials, infectious materials or narcotics. (Ord. 6433 § 11, 2012.) 18.04.285 Dangerous waste. “Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) Page 448 of 1253 Chapter 18.04 ACC, Definitions Page 21 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.290 Daycare center, nursery school, preschool. “Daycare center,” “nursery school,” or “preschool” means any type of group daycare programs, for children or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering afterschool care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the purpose of this title the following shall also apply to daycare center, nursery schools or preschools: A. “Babysitting care” means a dwelling which provides occasional custodial care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation. B. “Home based daycare” means a licensed daycare that regularly provides daycare for not more than 12 children or adults in the provider’s home in the family living quarters, for periods of less than 24 hours. C. “Mini daycare center” means a place, other than the home of the provider, which provides regular custodial care for one to 12 children, for periods of less than 24 hours. D. “Daycare center” means a place, other than the home of the provider, which provides regular custodial care for 12 or more children, for periods of less than 24 hours. E. “Preschool/nursery school” means a place, other than the home of the provider, which provides regular custodial care and/or organized learning and educational experiences for children. (Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.04.294 Designated accessible space. “Designated accessible space” means a required accessible parking space designated for the exclusive use of parking vehicles with a state disabled parking permit, in accordance with WAC 51-50-005, the International Building Code requirements for barrier-free accessibility. (Ord. 6365 § 1, 2011.) 18.04.295 Designated facility zone. “Designated facility zone” means a zone in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) Page 449 of 1253 Chapter 18.04 ACC, Definitions Page 22 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.300 Density. “Density” is a measure of population, housing units, or building area related to land area, and is expressed as a ratio, e.g., units per acre or square feet of lot area per unit . See ACC 18.02.065 for the methodology for calculating density. (Ord. 6661 § 2, 2018; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.302 Density bonus. “Density bonus” refers to residential units allowed in excess of the base density of a particular zone. Density bonuses may be granted to residential developers within a certain distance of a high capacity transit stop, inclusion of affordable housing, or in exchange for recognized public benefits pursuant to Chapter 18.02 and Chapter 18.25ACC. (Ord. 6245 § 3, 2009.) 18.04.303 Density, minimum. “Minimum density” refers to the least number of dwelling units or lots allowed per land area in a specific zone, expressed as a ratio. For example, in a zone with a minimum density of 12 units per acre, development of a two-acre lot would require a minimum of 24 units. (Ord. 6245 § 3, 2009.) 18.04.310 Development standards. “Development standards” means regulations pertaining to setbacks, landscaping, height, site coverage, signs, building layout, site design and related features of land use. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.318 Dripline. “Dripline” means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree’s branch tips down to the ground. (Ord. 6387 § 2, 2011.) Page 450 of 1253 Chapter 18.04 ACC, Definitions Page 23 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.320 District. Repealed by Ord. 6245. 18.04.325 Domestic fowl and poultry. “Domestic fowl and poultry” includes all species of chickens, turkeys, geese, ducks, pigeons or other fowl or poultry of similar size and character. Roosters and peafowl are not included in this definition and are not permitted. (Ord. 6600 § 6, 2016; Ord. 6369 § 5, 2011.) 18.04.330 Dwelling. “Dwelling” means a building designed exclusively for residential purposes for occupancy by a person, family, or unrelated group with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-unit detached housing, middle housing, apartments, , and accessory dwelling units, but not including recreational vehicles, or hotels or motel units without kitchens. (Ord. 6565 § 1, 2015; Ord. 6477 § 3, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.340 Dwellings, types of. “Types of dwellings” means: A. Dwelling, Single-Unit Detached. “Single-unit detached” dwelling means a detached building, not connected to another building, designed exclusively for occupancy by one family or communal residence and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-unit detached dwelling if sited per ACC 18.31.050. This dwelling-type was previously called “Single Family” and is synonymous with “Single-unit detached housing”. B. Dwelling, Middle Housing. “Middle Housing” dwellings includes the following housing types: 1. “Townhouse” means a detached structure that contains three or more attached dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides, each with its own front and rear access to the outside.2. “Duplex” means a detached structure consisting of two individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 3. “Triplex” means a detached structure consisting of three individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. Page 451 of 1253 Chapter 18.04 ACC, Definitions Page 24 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 4. “Fourplex” means a detached structure consisting of four individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 5. “Fiveplex” means a detached structure consisting of five individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 6. “Sixplex” means a detached structure consisting of six individual dwelling units that is in a horizontal or stacked layout, does not have interior openings between dwelling units, and which dwelling units share common walls. 7. “Stacked flat” means dwelling units in a residential building of no more than three stories on a lot in which each floor may be separately rented or owned. Duplexes and triplexes may be arranged as stacked flats. 8. “Cottage housing” means residential units on a lot with a common open space that either: (a) Is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. Courtyard housing standards in 18.25.050 apply to cottage housing. This definition of cottage housing does not apply to “guest cottages” of ACC 18.04.450. 9. "Courtyard apartments” means a residential structure consisting of multiple attached side-by-side and/or stacked dwelling units oriented around a yard or court on two or three sides. C. Dwelling, Apartment. “Apartment” means a building designed for occupancy by seven or more families or communal residences living independently of each other and containing seven or more dwelling units. Apartment units may be located in a mixed-use development. This dwelling-type was previously called “Multiple-Family” dwellings. (Ord. 6477 § 4, 2013; Ord. 6245 § 3, 2009; Ord. 6162 § 1, 2008; Ord. 4229 § 2, 1987.) 18.04.350 Dwelling unit. “Dwelling unit” means one or more rooms designed for or occupied by one family or communal residence for living or sleeping purposes and containing kitchen facilities. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title. (Ord. 6477 § 5, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 452 of 1253 Chapter 18.04 ACC, Definitions Page 25 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.351 Electric scooters and motorcycles. “Electric scooters and motorcycles” means any two – or three-wheel vehicle or scooter or motorcycle under state law that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating. (Ord. 6365 § 1, 2011.) 18.04.352 Electric vehicle. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. (Ord. 6365 § 1, 2011.) 18.04.353 Electric vehicle charging station. “Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use. (Ord. 6365 § 1, 2011.) 18.04.354 Electric vehicle charging station – Restricted. “Electric vehicle charging station – restricted” means an electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public). (Ord. 6365 § 1, 2011.) 18.04.355 Extremely hazardous waste. “Extremely hazardous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) Page 453 of 1253 Chapter 18.04 ACC, Definitions Page 26 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.356 Electric vehicle charging station – Public. “Electric vehicle charging station – public” means an electric vehicle charging station that is (1) publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on-street parking) or (2) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots). (Ord. 6365 § 1, 2011.) 18.04.357 Electric vehicle infrastructure. “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 6365 § 1, 2011.) 18.04.358 Electric vehicle parking space. “Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 6365 § 1, 2011.) 18.04.359 Emergency Housing “Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. 18.04.360 Emergency Shelter “Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. Page 454 of 1253 Chapter 18.04 ACC, Definitions Page 27 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.361 Entertainment, commercial. “Entertainment, commercial” means spectator entertainment for commercial purposes. This use includes theaters, concert halls, nightclubs, or comedy clubs, but does not include cabarets, licensed under ACC 5.20.130(B), and adult entertainment, licensed under Chapter 5.30 ACC. (Ord. 6433 § 12, 2012.) 18.04.362 Family. “Family” means a person living alone, two or more persons related by blood or marriage, or any other analogous family union recognized under federal and/or state statute, as distinguished from a group occupying a hotel, club, or communal residence. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. The purpose of defining family is to assist in the regulation of occupancy standards within dwelling units and to define different types of structures; it is not intended to interfere with the civil rights of individuals who establish relationships under the terms of state and federal laws. (Ord. 6477 § 6, 2013; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.365 FAR Part 77 surfaces. FAR Part 77 Surfaces. The Federal Aviation Administration’s Federal Aviation Regulations (FAR) Part 77 surfaces are the imaginary airspace surfaces established with any relation to each runway of an airport. There are five types of surfaces: (A) primary, (B) approach, (C) transitional, (D) horizontal, and (E) conical. These surfaces are above and around airports and require protection from potential obstructions that might interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the ground. An object or structure with an elevation higher than the FAR Part 77 surface elevation is considered to penetrate the FAR Part 77 surfaces and constitutes an obstruction to navigable airspace. “Navigable airspace” is defined by the FAA pursuant to CFR Title 14, Part 77, imaginary surfaces. (Ord. 6838 § 1 (Exh. A), 2021.) 18.04.370 Fence. “Fence” means a masonry wall or a barrier generally composed of posts connected by boards, rails, panels, or wire for the purpose of enclosing space, functional areas, or separating parcels of land. The term “fence” does not include retaining walls or rockeries when a separate structure. The term also does not include hedges, trees, or other natural growth. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 455 of 1253 Chapter 18.04 ACC, Definitions Page 28 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.371 Fence, opacity. “Fence opacity” is the degree to which light or views are blocked. Opacity is measured perpendicular to the fence for each fence section between supports. (Ord. 6884 § 1 (Exh. 1), 2022.) Page 456 of 1253 Chapter 18.04 ACC, Definitions Page 29 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.372 Fence, screened. “Screened fence” means a fence that is between 70 to 100 percent opaque, and provides a high degree of visual buffering between two areas. A screened fence may consist of wood, vinyl, or metal. A chain link fence interwoven with slats in every row or available space is considered a screened fence. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009.) 18.04.373 Fence, visibility. A fence that is 50 percent or less opaque is generally considered to provide visibility. (Ord. 6884 § 1 (Exh. 1), 2022.) 18.04.374 Fence, 100 percent sight-obscuring. “One hundred percent sight-obscuring fence” means a fence that is 100 percent opaque, completely obstructs view between two areas or completely obstructs view between two adjoining uses. A sight-obscuring fence shall be constructed of solid wood, metal, concrete, or other appropriate material which totally conceals the subject use from adjoining uses. (Ord. 6884 § 1 (Exh. 1), 2022; Ord. 6245 § 3, 2009.) 18.04.376 Retaining wall. “Retaining wall” means a structure designed and constructed to hold soil, earth, or like material in place, or to resist lateral pressure of materials to create or maintain a change in ground elevation. Such walls can be of various types including gravity, cantilevered, anchored, or piling walls and can be comprised of various materials including concrete, stone, or masonry units. The term “retaining wall” does not include fences. (Ord. 6884 § 1 (Exh. 1), 2022.) 18.04.380 Floor area. “Floor area” means total floor area within the walls of all buildings on a lot or building site, except for the spaces therein devoted to vents, shafts and light courts and except for the area devoted exclusively to loading and unloading facilities and to parking of motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 457 of 1253 Chapter 18.04 ACC, Definitions Page 30 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.390 Foster care home. “Foster care home” means a home which provides regular care for up to four developmentally disabled adults, or up to four adults who are recipients of state or federal financial assistance services, or up to four foster children under the age of 18, or up to three expectant mothers in a residential structure of the person or persons under whose direct care and supervision the people are placed. A foster care home is not a communal residence. (Ord. 6560 § 4, 2015; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.395 Fueling station. “Fueling station” means a retail business selling gasoline or other motor vehicle fuels primarily to passenger vehicles. Includes alternative fuels and recharging facilities which are commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., liquid propane gas) as well as equipment to recharge electric powered vehicles. This classification includes customary incidental activities when performed in conjunction with the sale of fuel, such as vehicle maintenance and repair, vehicle washing, and electric vehicle battery swap-out, but excludes body and fender work or repair of heavy trucks or vehicles. (Ord. 6433 § 13, 2012.) 18.04.400 Garage or carport, residential. “Residential garage or carport” means a building or a portion of a building principally used for vehicular equipment such as automobiles, boats, etc., in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(1), 1988; Ord. 4229 § 2, 1987.) 18.04.410 Garage, commercial. “Commercial garage” means any garage not a residential garage, and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.411 Golf course. See ACC 18.04.746, Private country clubs and golf courses, excluding driving ranges. (Ord. 6245 § 3, 2009.) Page 458 of 1253 Chapter 18.04 ACC, Definitions Page 31 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.412 Governmental facilities. “Governmental facilities” means facilities of any unit of city, county, state, federal, or special district government. Types of facilities include community centers, vehicle and driver licensing offices, public works maintenance and operations facilities, courts of law, school support facilities, and other types of city, county, state, school district, special district, or federal facilities. This definition excludes jails, municipal parks, transit facilities, sewage treatment plants, schools, municipally owned airports, libraries, and utility facilities and substations as defined in this chapter. (Ord. 6245 § 3, 2009.) 18.04.420 Grade. “Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case walls are within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.425 Green building practices. “Green building practices” (as defined by the U.S. Green Building Council, Leadership in Energy and Environmental Design [LEED] Program) means practices that conserve resources, use recycled content materials, maximize energy efficiency, and otherwise consider environmental, economic, and social benefits in the design and construction of a building project. See ACC 18.04.525 for more information on LEED. (Ord. 6245 § 3, 2009; Ord. 6036 § 6, 2006.) 18.04.430 Gross floor area. “Gross floor area” includes all floor area within the exterior walls of the building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.440 Group residence facility. “Group residence facility” means a facility licensed by the state and operated with full-time supervision for housing resident persons who, by reason of their mental or physical disability, addiction to drugs or alcohol, or family and social adjustment problems, require a transitional nonmedical treatment program for rehabilitation and social readjustment. For the purposes of this title, a nonmedical treatment program consists of counseling, vocational guidance, training, group therapy and other similar rehabilitative services but does not include drug Page 459 of 1253 Chapter 18.04 ACC, Definitions Page 32 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. and/or alcohol detoxification. Monitoring the taking of prescription medication shall be permitted. The use of medication by any resident shall be incidental to that person’s residence in the facility and shall not be a criterion for residence in the facility. This definition does not include residential dwellings which meet all other requirements of this title, that provide programs related to this definition or which provide services of a nursing home as defined by ACC 18.04.660. A group residence facility is not a communal residence. (Ord. 6560 § 5, 2015; Ord. 6245 § 3, 2009; Ord. 4590 § 2 (Exh. A), 1992; Ord. 4304 § 1(2), 1988; Ord. 4229 § 2, 1987.) 18.04.445 Growth Center “Growth Centers” are walkable, pedestrian-oriented, compact, areas of the city and are the basis for achieving neighborhoods where residents can meet more of their everyday needs within an easy walk of their home. They are complete neighborhoods with commercial development (grocery stores, restaurants, markets, shops, etc.), housing options, a variety of employment types, open space and parks, and other public gathering places. They are located adjacent to the public transit network. Growth Centers allow for a mix of commercial and residential uses in vertical or horizontal configurations, with the central core of a Growth Center. 18.04.450 Guest cottage. “Guest cottage” means an accessory, detached building with bathroom, living and sleeping areas without any kitchen facilities designed for and used to house nonpaying guests of the occupants of the main dwelling. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.452 Hazardous material. “Hazardous material” means a substance or materials in a quantity or form that may pose an unreasonable risk to health, safety or property when stored, transported or used in commerce. For specific definitions of hazardous materials see Code of Federal Regulations, Title 49, as amended; the International Fire Code, as amended; and the Valley Regional Fire Authority General Hazardous Materials Guidelines, as amended. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988; Ord. 4229 § 2, 1987.) Page 460 of 1253 Chapter 18.04 ACC, Definitions Page 33 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.453 Hazardous substance. “Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 713-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.454 Hazardous substance processing or handling. “Hazardous waste processing or handling” means the use, storage, manufacture, production or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.455 Hazardous waste. “Hazardous waste” means and includes all dangerous (see ACC 18.04.285) and extremely hazardous waste (see ACC 18.04.355). (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.456 Hazardous waste storage. “Hazardous waste storage” means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.457 Hazardous waste treatment. “Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) Page 461 of 1253 Chapter 18.04 ACC, Definitions Page 34 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.458 Hazardous waste treatment and storage facility, off-site. “Off-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.459 Hazardous waste treatment and storage facility, on-site. “On-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes generated on the same site. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.) 18.04.460 Home occupation. “Home occupation” means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.465 Homeless encampment. “Homeless encampment” means an emergency homeless encampment hosted by a church or other organization, which provides temporary housing to homeless persons. (Ord. 6245 § 3, 2009; Ord. 6014 § 2, 2006.) 18.04.466 Horse riding, commercial. “Commercial horse riding” means a land use established for the purpose of providing equestrian trails or other facilities for riding and keeping horses for a fee. This use includes bridle trails. (Ord. 6245 § 3, 2009.) 18.04.470 Hospital. “Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and which is licensed by state law to provide facilities including overnight accommodations and services in surgery, obstetrics and general medical practice. This definition does not include small animal hospitals or clinics, or veterinary clinics, as defined in ACC 18.04.480. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 462 of 1253 Chapter 18.04 ACC, Definitions Page 35 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.480 Hospital or clinic, small animal. “Small animal hospital or clinic” means an establishment in which veterinary medical services and/or clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, not including kennels. This definition does not include hospitals as defined in ACC 18.04.470. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(3), 1988; Ord. 4229 § 2, 1987.) 18.04.485 Host agency. “Host agency” means the owner of the property, being a religious institution or other organization, that joins a sponsoring agency in an application for a temporary use permit for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 3, 2006.) 18.04.490 Hotel. “Hotel” means any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, and includes additional amenities such as banquet halls and meeting facilities. Hotels include but are not limited to motels and extended stay hotel accommodations. Hotels do not include renting of rooms, boardinghouses, or bed and breakfast accommodations. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.495 Household pet. Recodified to ACC 18.04.823by Ord. 6600. (Ord. 6369 § 1, 2011; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720.) 18.04.496 Housing rehabilitation. “Housing rehabilitation” means the renovation of an existing housing unit for the purpose of preserving existing housing stock, often as a means to provide affordable housing within an established residential neighborhood. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.) Page 463 of 1253 Chapter 18.04 ACC, Definitions Page 36 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.497 Impervious surface. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. (Ord. 6245 § 3, 2009.) 18.04.498 Incidental. “Incidental” means reasonably related, as determined by the planning director. One use is incidental to another when it is reasonably related to another (i.e., a garage is incidental to the single-family dwelling unit). (Ord. 6245 § 3, 2009.) 18.04.499 Intensity. “Intensity” refers to the level of development or activity on a site, in terms of both the nature of uses and the concentration of those uses as indicated by residential density (dwelling units per acre) or floor area ratio. For example, a site with a mixed-use complex with a commercial retail component and a high density multifamily residential component would display a higher level of intensity than the same sized property with a low density, single-family residential development. (Ord. 6245 § 3, 2009.) 18.04.500 Junkyard. “Junkyard” includes automobile wrecking yards and salvage yards or any premises devoted wholly or in part to the storage, buying or selling of, or otherwise handling or dealing in, old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.510 Kennel. “Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs or cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An “adult dog or cat” is one of either sex, altered or unaltered, that has reached the age of four months. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 464 of 1253 Chapter 18.04 ACC, Definitions Page 37 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.515 Kitchen. “Kitchen” means any room or portion of a room designed to be used for cooking or the preparation of food, having a kitchen-type sink and provisions available for an installed gas or electric stove or range. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(4), 1988.) 18.04.520 Landscaping. “Landscaping” means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.522 Reserved. Reserved. (Ord. 6245 § 3, 2009; Ord. 5354 § 2, 2000.) 18.04.523 Large domestic animal. “Large domestic animal” means horses, ponies, donkeys, cows, standard size goats, llamas, oxen, standard size pigs, and other similar sized animals. (Ord. 6600 § 4, 2016.) 18.04.525 Leadership in energy and environmental design (leed). “Leadership in energy and environmental design (LEED)” means a national standard for developing high- performance, sustainable buildings. (Ord. 6245 § 3, 2009; Ord. 6036 § 7, 2006.) 18.04.527 Live/work unit. “Live/work unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and includes a complete dwelling unit and working space reserved for and regularly used by one or more occupants of the dwelling unit. Within a live/work unit the “work” component of a live/work unit is secondary to its residential use. Live/work units are allowed within mixed-use developments. Page 465 of 1253 Chapter 18.04 ACC, Definitions Page 38 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.530 Lot. “Lot” is defined in ACC 17.04.200. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4229 § 2, 1987.) 18.04.540 Lot area. “Lot area” means the total horizontal area within the boundary lines of a lot; however, the area contained in access easements, tracts or panhandles shall not be included in the lot area or any other lot size computation. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.550 Lot coverage. “Lot coverage” means that percentage of the plot or lot area covered by all buildings including accessory buildings and uses. Coverage is determined by measuring along a horizontal plane from the outermost edge of eaves, cornices, overhangs, or areas covered by a weathertight roof. The first two feet of an eave overhang will, however, not be used in the lot coverage calculation. See Figure 18.04.550. (Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) Page 466 of 1253 Chapter 18.04 ACC, Definitions Page 39 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.560 Lot dimensions. A. “Lot depth” means: 1. If the front and rear lines are parallel, the shortest distance between such lines; 2. If the front and rear lines are not parallel, the distance between the midpoint of the front lot line and the midpoint of the rear lot line. See Figure 18.04.560(A). B. “Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. See Figure 18.04.560(B). Page 467 of 1253 Chapter 18.04 ACC, Definitions Page 40 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.570 Lot lines. “Lot lines” means the lines bounding the lot. For purposes of establishing a setback line for a lot, “lot lines” shall also mean the limits of a private street, when such a street is located on the lot. See Figures 18.04.570(A) and (B). A. Front Lot Line. 1. For an interior lot, the front lot line shall be that lot line which abuts the street right-of-way. 2. For a corner lot, the front lot line shall be that lot line which abuts a street right-of-way and bests conforms to the pattern of existing site development and/or the pattern of adjacent development, as determined by the planning director. 3. For a through lot, the front lot line shall be that lot line which abuts a nonarterial street or from which primary access is provided. B. Rear Lot Line. The line opposite, most distant and most parallel with the front lot line. For a biangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of the lot shall be used as the rear lot line. C. Side Lot Line. All lot lines which do not qualify as a rear or front lot line. D. Panhandle Lot Lines. For a panhandle lot, the lot lines shall be approved by the planning director. The lot lines shall be most consistent with the adjoining lot lines and shall take into consideration any unique physical characteristics of the property. Page 468 of 1253 Chapter 18.04 ACC, Definitions Page 41 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Figure 18.04.570(A). Lot Lines Figure 18.04.570(B). Lot Dimensions and Lot Lines for Gore-Shaped Lots (Ord. 6245 § 3, 2009; Ord. 6031 § 1, 2006; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.) Page 469 of 1253 Chapter 18.04 ACC, Definitions Page 42 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.580 Lot of record. “Lot of record” is defined in ACC 17.04.220. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.) 18.04.590 Lot types. A. “Corner lot” means a lot situated at the intersection of two or more streets. B. “Interior lot” means a lot that is neither a corner or through lot. C. “Through lot” means a lot other than a corner lot which abuts two streets. D. “Panhandle lot” means a lot accessed from the abutting street by a narrow corridor of land within the same lot. The area within the panhandle access shall not be included in any lot size calculation including lot area, lot width, lot depth or lot coverage. No buildings shall be erected within the panhandle access. See ACC 17.10.120 for development standards for panhandle lots. See Figure 18.04.590. Figure 18.04.590. Lot Types Page 470 of 1253 Chapter 18.04 ACC, Definitions Page 43 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. (Ord. 6245 § 3, 2009; Ord. 5543 § 1, 2001; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.) 18.04.595 Low impact development. “Low impact development” means a stormwater management and land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrology. The goal is to prevent measurable harm to streams, lakes, wetlands, and other natural aquatic systems from commercial, residential or industrial development sites. (Ord. 6245 § 3, 2009; Ord. 6036 § 8, 2006.) 18.04.597 Major transit stop. A “major transit stop” means: (a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops; (c) Stops on rail or fixed guideway systems; or (d) Stops on bus rapid transit routes. 18.04.600 Manufactured home. “Manufactured home” means a single-family dwelling which: A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and C. Has exterior siding similar in appearance to siding materials commonly used on site-built single-family homes built in accordance with the International Building Code (IBC). This definition does not include a mobile home as defined by ACC 18.04.630 or a recreational vehicle as defined by ACC 18.04.780. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31.050. (Ord. 6245 § 3, 2009; Ord. 6162 § 2, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.) Page 471 of 1253 Chapter 18.04 ACC, Definitions Page 44 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.610 Manufactured home community. “Manufactured home community” means an area of not less than five acres designed to accommodate individual manufactured homes within the approved community boundaries. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.612 Manufacturing, assembling and packaging – Heavy intensity. “Manufacturing, assembling and packaging – heavy intensity” means a facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used have the potential to result in externalities or effects on surrounding land uses or the community. Examples of heavy intensity manufacturing uses include, but are not limited to, chemical products manufacturing, paving and roofing materials manufacturing and glass products manufacturing. (Ord. 6433 § 15, 2012.) 18.04.614 Manufacturing, assembling and packaging – Light intensity. “Manufacturing, assembling and packaging – light intensity” means a facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the intensity, scale, and/or characteristics of operation and materials used are unlikely to result in externalities or effects on surrounding land uses or the community because they can be controlled within the building. Examples of light intensity manufacturing uses include, but are not limited to, clothing and fabric product manufacturing and food and beverage products. (Ord. 6433 § 16, 2012.) 18.04.616 Manufacturing, assembling and packaging – Medium intensity. “Manufacturing, assembling and packaging – medium intensity” means a facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used are greater than those classified under “Manufacturing, assembling and packaging – light intensity,” but where externalities or effects on surrounding land uses or the community can typically be reduced or avoided when appropriately located and developed. Examples of medium intensity manufacturing uses include lumber and wood product manufacturing and stone and cut stone product manufacturing. (Ord. 6433 § 17, 2012.) Page 472 of 1253 Chapter 18.04 ACC, Definitions Page 45 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.617 Medium domestic animal. “Medium domestic animal” means potbelly pigs, miniature goats, miniature horses, and other similar sized animals that are larger than a small domestic animal and smaller than a large domestic animal. (Ord. 6600 § 5, 2016.) 18.04.619 Medium-speed electric vehicle. “Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500. (Ord. 6365 § 1, 2011.) 18.04.620 Medical-dental clinic. “Medical-dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.621 Middle Housing. "Middle housing" means buildings that are compatible in scale, form, and character with single-unit detached dwellings and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, cottage housing, and accessory dwelling units. 18.04.622 Miniature goat. “Miniature goats” include species of goats commonly known as pygmy (Capra hircus hircus pygmy) or Nigerian dwarf (Capra hircus hircus nigerian dwarf). (Ord. 6600 § 7, 2016; Ord. 6369 § 6, 2011.) Page 473 of 1253 Chapter 18.04 ACC, Definitions Page 46 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.623 Microbrewery or a small craft brewery. “Microbrewery or a small craft brewery” means a production facility that manufactures beer. A microbrewery may sell beer of its own production at retail for on – and off-premises consumption, and may act as a distributor for beer of its own production. (Ord. 6368 § 2, 2011.) 18.04.625 Mixed-use development. “Mixed-use development” means a single unified development that incorporates the planned integration of two or more different land uses consisting of some combination of office, light industrial, hotel, retail, entertainment, public uses, along with residential uses. Mixed-use development may be vertically oriented in one or more buildings, or horizontally distributed on a development site. When horizontally distributed, the different uses may be constructed concurrently and in separate phases, and should incorporate common and/or complementary features and/or elements such as pedestrian walkways, access driveways, parking areas, architectural themes, or other techniques that provide integration between uses on the site. (Ord. 6644 § 1, 2017; Ord. 6253 § 2, 2009.) 18.04.630 Mobile home. “Mobile home” means a factory-constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy, and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under license or by special permit. This definition does not include a manufactured home as defined by ACC 18.04.600 or a recreational vehicle as defined by ACC 18.04.780. (Ord. 6245 § 3, 2009; Ord. 6162 § 3, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.) 18.04.635 Motor freight terminal. “Motor freight terminal” means a facility with more than one dock per 5,000 square feet of warehouse, storage, or related use and used for either (A) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (B) any other location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited to cross-dock operations and does not include a package delivery service. Excludes buildings with six or fewer loading docks. (Ord. 6433 § 18, 2012.) Page 474 of 1253 Chapter 18.04 ACC, Definitions Page 47 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.640 Motel. “Motel” or “motor hotel” means a group of buildings containing individual sleeping or living units, designed for use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.641 Multimodal transportation corridor. “Multimodal transportation corridor” refers to a transportation route that accommodates and contains facilities for more than a single form or mode of transportation. Multimodal corridors provide opportunities for travel by automobile, transit, and nonmotorized transportation and include relevant infrastructure improvements, such as dedicated bicycle lanes, sidewalks, and transit stations and shelters. (Ord. 6245 § 3, 2009.) 18.04.642 Municipal park. “Municipal park” means a parcel or tract of land provided by a unit of government to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. (Ord. 6245 § 3, 2009.) 18.04.643 Museum. “Museum” is a cultural facility established and used for the education and enjoyment of the public through exhibits and displays of historical, cultural, or other related subjects. (Ord. 6245 § 3, 2009.) 18.04.643.1 Neighborhood electric vehicle. “Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500. (Ord. 6433 § 1, 2012; Ord. 6365 § 1, 2011. Formerly 18.04.643A.) Code reviser’s note: Ordinance 6365 adds these provisions as Section 18.04.643. The section has been renumbered to avoid duplication of numbering. Page 475 of 1253 Chapter 18.04 ACC, Definitions Page 48 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.644 Neighborhood recreation buildings. “Neighborhood recreation buildings” means facilities owned and managed by a neighborhood homeowners’ association for recreational and community gatherings. (Ord. 6245 § 3, 2009.) 18.04.644.1 Neighborhood retail establishment. “Neighborhood retail establishment” means stores and shops serving the immediate surrounding neighborhood in which they are located, including but not limited to a beauty shop, laundry and dry cleaning, sales of retail goods and such others of a similar nature. (Ord. 6433 § 19, 2012.) 18.04.645 Neighborhood services. “Neighborhood services” as listed herein are intended to include commercial establishments that provide goods and services that are considered to be basic to the needs of a local neighborhood, and the provision of which would typically be primarily within the local market area. For the purposes of Chapter 18.49 ACC, neighborhood services establishments include: bakery and pastry shops (products made must be sold at retail on the premises); produce markets; retail grocery stores; delicatessens, restaurants or sandwich shops, limited to a seating area of 25 seats; hardware stores; retail banks or bank branches; pharmacies; daycare facilities; or other services subject to the approval of the planning director. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.) 18.04.648 Net density. “Net density” is a measure of the net site area as defined in ACC 18.02.065. (Ord. 6245 § 3, 2009.) 18.04.649 Nonelectric vehicle. “Nonelectric vehicle” means any motor vehicle that does not meet the definition of “electric vehicle.” (Ord. 6365 § 1, 2011.) 18.04.650 Nonconforming use. “Nonconforming use” means a use which when commenced, complied with use regulations applicable at the time when such use was commenced, and which does not conform to the existing use regulations of the zone Page 476 of 1253 Chapter 18.04 ACC, Definitions Page 49 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. where the use is now being conducted or carried on. The term “nonconforming use” shall be applicable to uses of buildings, structures, and land. This definition does not include those uses existing in the zone, prior to the adoption of this title, which would now require an administrative or conditional use permit to operate in the zone. Any expansion of the space, volume or area of the use would then require an administrative or conditional use permit as this title may require. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.660 Nursing home. “Nursing home,” “rest home,” “convalescent home,” “guest home” and “home for the aged” mean a home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, the operator of which is licensed by the state or county to give special care and cure to their charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, and in which homes are performed no surgery, maternity or any other primary treatments such as customarily provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital or to a group residence facility. This definition does not include group residence facilities as defined in this title. A nursing home is not a communal residence. (Ord. 6560 § 6, 2015; Ord. 6245 § 3, 2009; Ord. 4304 § 1(5), 1988; Ord. 4229 § 2, 1987.) 18.04.670 Occupancy. “Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.672 Outdoor sales. “Outdoor sales” means an open area used for the display, sale, or rental of goods and/or materials that are actively marketed and readily available for general public consumption. This does not include storage areas of materials that are sold elsewhere on the premises or junkyards as defined by ACC 18.04.500. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.676 Outdoor storage. “Outdoor storage” means the keeping of materials, supplies, equipment, machinery and vehicles which are not currently licensed or capable to operate on public streets or highways, in an open, uncovered yard or nonwalled Page 477 of 1253 Chapter 18.04 ACC, Definitions Page 50 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. buildings. This definition includes junkyards as defined by ACC 18.04.500, but excludes outdoor sales as defined by ACC 18.04.672. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.676.1 Overlay zone. “Overlay zone” is supplemental to the underlying zoning district and may establish additional or stricter standards and criteria for properties in addition to those of the underlying zoning district. (Ord. 6838 § 1 (Exh. A), 2021.) 18.04.677 Owner occupied unit. “Owner occupied unit” means a dwelling unit in which the owner resides on a regular, permanent basis. (Ord. 6477 § 11, 2013.) 18.04.678 Panoram or peepshow. Repealed by Ord. 5835. 18.04.680 Parking area. “Parking area” includes an off-street parking area together with driveways and the access to a public street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.690 Parking space or stall. A. parking space” is any off-street space intended for the use of vehicular parking with ingress or egress to the space which is easily identifiable. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.692 Parking structure. “Parking structure” means a single or multi-level structure intended for the use of vehicular parking, as opposed to an uncovered surface parking lot. This definition includes both stand-alone parking garages and structured parking as incorporated into a building, the primary purpose of which is not parking (i.e., rooftop or basement parking areas). (Ord. 6245 § 3, 2009.) Page 478 of 1253 Chapter 18.04 ACC, Definitions Page 51 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.694 Permanent Supportive Housing. “Permanent Supportive Housing” is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. 18.04.696 Permitted use. “Permitted use” means a land use that is allowed outright within a zone. (Ord. 6245 § 3, 2009.) 18.04.700 Person. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.710 Personal service shop. “Personal service shop” means premises devoted to hair styling, cutting or permanents, manicurists, custom tailoring, and similar related uses. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.730 Planning commission. “Planning commission” means that body created by Chapter 2.45 ACC. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 479 of 1253 Chapter 18.04 ACC, Definitions Page 52 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.740 Planning director. “Planning director” means the director of the Auburn department of planning and development, or its successor, unless otherwise specified. (Ord. 6287 § 2, 2010; Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.741 Plug-in hybrid electric vehicle (PHEV). “Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity. (Ord. 6365 § 1, 2011.) 18.04.742 Potbelly pig. Miniature “potbelly pigs” are that type of swine commonly known as Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa bittatus). (Ord. 6369 § 7, 2011.) 18.04.744 Prerelease facility. “Prerelease facility” has the same meaning as “work release facility” for the purposes of this title. See ACC 18.04.914. (Ord. 6245 § 3, 2009; Ord. 4590 § 3 (Exh. B), 1992.) 18.04.745 Print and copy shop. “Print and copy shop” means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, facsimile sending and receiving, and including offset printing. (Ord. 6433 § 20, 2012.) 18.04.746 Private country clubs and golf courses, excluding driving ranges. “Private country club and golf course, excluding driving range” means an area designed and used for playing golf, including all accessory uses incidental to the operation of the facility. This definition may include private country clubs or golf courses open to the general public. This definition excludes other outdoor recreational Page 480 of 1253 Chapter 18.04 ACC, Definitions Page 53 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. facilities such as driving ranges, municipal parks, or commercial horse riding and bridle trails. (Ord. 6245 § 3, 2009.) 18.04.748 Privately owned and operated parks and playgrounds. “Privately owned and operated park and playground” means a parcel or tract of land provided by a private entity to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. This use excludes municipal parks. (Ord. 6245 § 3, 2009.) 18.04.750 Professional offices. “Professional offices” means offices maintained and used as places of business conducted by professionals including engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office occupations. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.752 Prohibited use. “Prohibited use” means any use which is not specifically enumerated or interpreted by the city as allowable in that zone. Any use not specifically listed as a permitted, administrative, conditional, or accessory use is prohibited, except those determined to be unclassified and permitted by the planning director pursuant to ACC 18.02.120(C)(6). Any prohibited use is illegal. (Ord. 6269 § 2, 2009; Ord. 6245 § 3, 2009.) 18.04.754 Public art. “Public art” refers to works of art, regardless of medium, that are primarily designed for, and presented in, the public domain, including work displayed in common areas of publicly accessible buildings. (Ord. 6245 § 3, 2009.) 18.04.756 Public recreational amenity. “Public recreational amenity” is any recreational facility that is incorporated into a development for public use including but not limited to children’s playgrounds, tennis, basketball, or other sport courts or fields. (Ord. 6245 § 3, 2009.) Page 481 of 1253 Chapter 18.04 ACC, Definitions Page 54 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.760 Public use. “Public use” means a use operated exclusively by a public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and administrative and service facilities. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.770 Quasi-public use. “Quasi-public use” means a use operated by a private nonprofit educational, religious, recreational, charitable, or medical institution having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.779 Rapid charging station. “Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 6365 § 1, 2011.) 18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper. “Recreational vehicle,” “camping trailer,” “travel trailer,” “motor home” and “truck camper” mean vehicular- type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motive power, being of such size or weight as not to require a special highway movement permit and licensed by the state as a recreational vehicle. (Ord. 6245 § 3, 2009; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.) 18.04.790 Recreational vehicle park. “Recreational vehicle park” means a parcel of land designed and improved to accommodate two or more recreational vehicles on a temporary basis. Spaces are typically rented for overnight use, not to exceed 120 days. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 482 of 1253 Chapter 18.04 ACC, Definitions Page 55 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.791 Regional retail establishment. “Regional retail establishment” means a large-scale retail establishment intended to serve customers within and outside the city. A regional retailer may accommodate a wide range of retail commodities (e.g., apparel and accessories, consumer electronics, hardware, building materials, sporting goods and automotive supplies). (Ord. 6433 § 21, 2012.) 18.04.792 Religious institution. “Religious institution” means an establishment that provides religious worship, religious services or religious ceremonies as its principal use with the sanctuary or principal place of worship contained within a principal building. Incidental and accessory uses that include chapels or subordinate places of worship, school rooms, daycares, classrooms, kitchens, library rooms or reading rooms, recreation halls or offices are permitted in the principal building or in separate buildings. Caretaker’s quarters or living quarters for employees are also permissible as an accessory use. The following incidental and accessory uses to a religious institution are not permitted unless allowed under a valid temporary use permit issued pursuant to ACC 18.46A.070: (A) facilities for training of religious orders; (B) nonemployee rooms for rent, boarding rooms or similar facilities; or (C) public showers or other public health services. (Ord. 6245 § 3, 2009; Ord. 6014 § 1, 2006; Ord. 5550 § 1, 2001.) 18.04.794 Renting of rooms. “Renting of rooms” means the provision of rooms for lodging purposes to not more than two persons in addition to the owner occupied unit, and/or family who lives in the residence. (Ord. 6477 § 7, 2013; Ord. 6245 § 3, 2009.) 18.04.796 Repair services – Equipment, appliances. “Repair services – equipment, appliances” means repair of products, not to include vehicles or heavy equipment. These uses include consumer repair services for individuals and households for items such as household appliances, musical instruments, cameras, household electronic equipment, and similar uses. (Ord. 6433 § 22, 2012.) Page 483 of 1253 Chapter 18.04 ACC, Definitions Page 56 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.800 Residence. “Residence” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term “residence” includes the term “residential” as referring to the type of, or intended use of a building or a structure. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.804 Restaurant, full-service. “Full-service restaurant” means a public eating place that is used, maintained, advertised and held out to the public as a place that has a full dinner and/or lunch menu serving full course meals, daily prepared in its own kitchen, that are typically served at a table or counter. Food prepared to go or for take-out is allowed as an accessory use as long as the same menu and kitchen are used as for the full-service restaurant. This definition excludes fast food, drive-in types of restaurants, which have characteristics including but not limited to a drive- through window, counter-only service and no waiters or waitresses. A. full-service restaurant may serve alcoholic beverages that are incidental and complementary to the serving of food. A full-service restaurant may contain a lounge where the primary function is the sale, serving and consumption of alcoholic beverages, but the size of this lounge may not exceed 30 percent of the total gross floor area of the establishment. Any eating place that serves alcoholic beverages and does not meet the requirements of this definition will be considered a tavern as defined by ACC 18.04.895. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000. Formerly 18.04.805.) 18.04.805 Right-of-way. “Right-of-way” is property in which the city has any form of ownership or title and which is held for public purposes as provided for under ACC Title 12 and the city design and construction standards. (Ord. 6245 § 3, 2009.) 18.04.806 Schools, elementary and middle/junior high. “Schools, elementary and middle/junior high” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.) Page 484 of 1253 Chapter 18.04 ACC, Definitions Page 57 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.807 Schools, secondary or high school. “Schools, secondary or high school” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.) 18.04.808 Secure community transition facility. “Secure community transition facility” means a residential facility for persons civilly committed under Chapter 71.09 RCW, Sexually Violent Predators, who are conditionally released under said chapter to a less restrictive alternative (to total confinement or imprisonment). A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by or under contract with the Washington State Department of Social and Health Services. (Ord. 6245 § 3, 2009; Ord. 5690 § 3, 2002.) 18.04.809 Senior housing. “Senior housing” refers to housing stock, whether rental or occupant-owned, that specifically caters to residents aged 55 years and older, either through age requirements or through the provision of specialized care, such as nursing or dietary and personal care. This definition shall include, at a minimum, all facilities that qualify as housing for older persons under the Fair Housing Act. (Ord. 6245 § 3, 2009.) 18.04.810 Setback. “Setback” means the distance between a lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) 18.04.811 Setback area. “Setback area” means that area of a lot bounded on opposite sides by a lot line and the corresponding setback line that is unoccupied and unobstructed from the ground upward unless specifically permitted in this title. See Figure 18.04.811. Page 485 of 1253 Chapter 18.04 ACC, Definitions Page 58 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. (Ord. 6245 § 3, 2009.) 18.04.812 Setback, front. “Front setback” means the distance between a front lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) 18.04.813 Setback, rear. “Rear setback” means the distance between a rear lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) 18.04.814 Setback, side. “Side setback” means the distance between a side lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.) Page 486 of 1253 Chapter 18.04 ACC, Definitions Page 59 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.815 Setback line. “Setback line” means a line which defines a setback as required by this title, which is parallel to but other than a lot line, between which no building, structure, or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this title. (Ord. 6245 § 3, 2009.) 18.04.816 Shop. “Shop” means a small retail establishment or a department in a large one offering a specified line of goods or services. (Ord. 6433 § 23, 2012.) 18.04.818 Shopping center. “Shopping center” means a series of unified commercial establishments which provide retail, business, entertainment or professional services, share the same parking facilities and contain in excess of 100,000 square feet of gross floor area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987. Formerly 18.04.810.) 18.04.820 Sign. “Sign” means any visual communication device, structure, or fixture which is visible from any right-of-way intended to aid the business establishment in question in promoting the sale of a product, goods or service using graphics, symbols or written copy. It shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.821 Site. “Site” is an area comprised of one or more legally created lots or parcels used for a development proposal in order to calculate compliance with the standards and regulations of this title. (Ord. 6245 § 3, 2009.) 18.04.822 Site area. “Site area” is the total horizontal area of a project site. (Ord. 6245 § 3, 2009.) Page 487 of 1253 Chapter 18.04 ACC, Definitions Page 60 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.823 Small domestic animal. “Small domestic animal” means a domesticated animal of ordinary species that lives, or is commonly known to be capable of living, within the confines of a residence such as dogs, cats, common rabbits, ferrets, or other similar sized animals. Other indoor animals weighing less than 10 pounds, such as, but not limited to, caged birds, small rodents, fish, and nonvenomous reptiles or amphibians, and not kept for commercial purposes, are not regulated under this title. Any endangered or exotic species are prohibited. (Ord. 6600 § 8, 2016; Ord. 6369 § 1, 2011; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.495.) 18.04.824 Social and service organizations. “Social and service organizations” refers to incorporated or unincorporated nongovernmental or private associations of persons organized for social, education, literary or charitable purposes. This definition also includes community meeting halls, philanthropic institutions, private clubs, fraternal or nonprofit organizations, and social service organizations. This definition excludes religious institutions and government facilities. (Ord. 6245 § 3, 2009.) 18.04.825 Solid waste. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.023.) 18.04.826 Solid waste processing facility. “Solid waste processing facility” means the management, collection, transportation, temporary storage, treatment, utilization, and processing of solid wastes by means of pyrolysis, refuse-derived fuel, or mass incineration within an enclosed structure. These processes may include source separation and recovery of recyclable materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to citywide or regional scale operations and does not include solid waste handling which is accessory to an individual principal use. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.025.) Page 488 of 1253 Chapter 18.04 ACC, Definitions Page 61 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.827 Special events. “Special events” means incidental use of a facility, which use is otherwise allowed or permitted in the zoning district, as a venue for hire for social gatherings. Special events do not include marketing or promotional events that are part of the normal operation of an agricultural enterprise or winery and directly related to products sourced from that operation. (Ord. 6363 § 1, 2011.) 18.04.828 Sponsoring agency. “Sponsoring agency” means an organization that joins in an application with a host agency for a temporary use permit and assumes responsibility for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 4, 2006.) 18.04.829 Store. “Store” means a business establishment where usually diversified goods are kept for retail sale. (Ord. 6433 § 24, 2012.) 18.04.830 Specified anatomical areas. Repealed by Ord. 5835. 18.04.835 Special needs housing. “Special needs housing” is housing that meets the definition of nursing home, group home, or other housing that meets the needs of special populations that need assistance or special accommodation in housing. See Chapter 18.49 ACC. Special needs housing is not a communal residence. (Ord. 6560 § 7, 2015; Ord. 6245 § 3, 2009.) 18.04.840 Specified sexual activities. Repealed by Ord. 5835. 18.04.850 Reserved. Reserved. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 489 of 1253 Chapter 18.04 ACC, Definitions Page 62 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.855 Small craft distillery. “Small craft distillery” means a production facility that manufactures distilled spirits that can contract distilled spirits for, and sell distilled spirits to, holders of distillery licenses, manufacturer’s licenses and grower’s licenses. (Ord. 6368 § 3, 2011.) 18.04.860 Story. “Story” means that portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined in this chapter for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this chapter at any point, such usable or unused underfloor space shall be considered as a story. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.870 Street, private. “Private street” means any street which is not a public street. For the purposes of this title a private street will be considered as being a public street for determining setback provisions only. Driveways which are not part of an easement, tract, alley or street shall not be considered a street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.880 Street, public. “Public street” is defined in ACC 17.04.370. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(6), 1988; Ord. 4229 § 2, 1987.) 18.04.890 Structure. “Structure” is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except benches, statuary, planter boxes less than 42 inches in height, and fences 72 inches or under in height, or paved areas. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 490 of 1253 Chapter 18.04 ACC, Definitions Page 63 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.891 Supportive housing. “Supportive housing” means a multiple-family dwelling owned or sponsored by a nonprofit corporation or government entity, designed for occupancy by individual adults that are either (A) homeless or at risk of homelessness; (B) are experiencing a disability that presents barriers to employment and housing stability; or (C) generally require structured supportive services to be successful living in the community; is permitted at a greater unit density than otherwise allowed within a particular zone; and is intended to provide long-term, rather than transitional, housing. Long-term housing is approximately longer than two years, whereas transitional housing is no more than two years. Supportive housing is not a communal residence. (Ord. 6560 § 8, 2015; Ord. 6245 § 3, 2009; Ord. 6167 § 1, 2008.) 18.04.892 Sustainable design. “Sustainable design” means design in which the impact of a building on the environment will be minimal over the lifetime of that building. Structures should incorporate the principles of energy and resource efficiency, practical applications of waste reduction and pollution prevention, good indoor air quality and natural light to promote occupant health and productivity, and transportation efficiency in design and construction, during use and reuse. (Ord. 6245 § 3, 2009; Ord. 6036 § 9, 2006.) 18.04.894 Tasting room. “Tasting room” means a location separate from, or on the same site as, the production/manufacturing site, that allows customers to taste samples of wine, beer, or other alcoholic beverage and has a state of Washington issued liquor license to operate a tasting room. In addition to sampling of alcoholic beverages, a tasting room may include retail sales for off-premises consumption. (Ord. 6368 § 4, 2011; Ord. 6363 § 1, 2011.) 18.04.895 Tavern. “Tavern” means an establishment operated primarily for the sale of wine, beer or other alcoholic beverages that may or may not include the service of food as an accessory use. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000.) 18.04.896 Transmitting tower. “Transmitting tower” means any freestanding structure whose primary purpose is the transmission and/or reception of radio signals for personal or hobby purposes. (Ord. 6245 § 3, 2009.) Page 491 of 1253 Chapter 18.04 ACC, Definitions Page 64 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.897 Unclassified use. “Unclassified use” means a land use which does not appear in a list of permitted, conditionally permitted, or accessory uses, but which is interpreted by the planning director as similar to a listed permitted, conditionally permitted or accessory use, and not otherwise prohibited, pursuant to ACC 18.02.120. (Ord. 6245 § 3, 2009.) 18.04.900 Use. “Use” means an activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.901 Utility facilities and substations. “Utility facility and substation” is any utility facility or substation that is not included in ACC 18.02.040(E). (Ord. 6245 § 3, 2009.) 18.04.910 Variance. “Variance” means an adjustment in the application of the specific regulations of this title to a particular piece of property. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.911 Walking distance. “Walking distance” means an area without physical space impediments for a walkable pathway without ADA obstruction.. 18.04.912. Wine production facility. “Wine production facility” means a production facility that manufactures wine. A wine production facility may sell wine of its own production at retail for on – and off-premises consumption, and may act as a distributor for wine of its own production. (Ord. 6368 § 5, 2011.) Page 492 of 1253 Chapter 18.04 ACC, Definitions Page 65 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.912.1 Winery. “Winery” means a facility licensed as a domestic winery under RCW 66.04.010 where fruit or other ingredients are processed (i.e., crushed, fermented, blended, aged, and/or stored, bottled) and may include as incidental and/or accessory to the principal use a tasting room, food and beverage service, places of public/private assembly and/or retail sales area. (Ord. 6433 § 2, 2012; Ord. 6363 § 1, 2011. Formerly 18.04.911A.) Code reviser’s note: Ordinance 6363 adds these provisions as Section 18.04.911. The section has been renumbered to avoid duplication of numbering. 18.04.912 Wireless communications. A. “Alternative tower structure” means manmade 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 camouflage or conceal 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 device 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 nondirectional 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. C. “Attached wireless communications facility” means a wireless communications facility that is affixed to an existing structure other than a tower. Examples of attached wireless communications 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 or a parking lot light standard). 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 communications tower as defined in this title or any equipment associated with a wireless communications tower. E. “Concealment” or “concealment design techniques” means that a wireless communications facility is concealed or utilizes concealment when any measures are used in the design and siting of wireless communications facilities intended to make the facility look like something other than a wireless tower or base Page 493 of 1253 Chapter 18.04 ACC, Definitions Page 66 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. station. For example, a wireless communications 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 communications facility is not readily apparent. The terms do not include fencing and landscape screening that is used to enhance visual compatibility at ground level. F. “Carrier” means a company providing wireless communications services, also referred to as a wireless service provider. G. “Co-location” means: (1) mounting or installing a WCF on a preexisting 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 frequency signals for communications purposes. H. “Eligible facilities request (EFR)” means any request for modification of an existing wireless communications 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 communications 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 communications tower or base station as defined in this title and that has proposed alterations that meet the standards of an eligible facilities request. 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 communications 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 communications 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. Page 494 of 1253 Chapter 18.04 ACC, Definitions Page 67 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. M. “Microcells” are small wireless facilities consisting of an antenna that is either: (1) no more than four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in height. N. “Monopole” means a single, freestanding pole-type structure supporting one or more antennas. O. “Separation” means minimum distance required by city regulation between the base of towers. P. “Site” for purposes of this chapter means, for wireless communications towers other than wireless communications towers in the public way, the current boundaries of the leased or owned property surrounding the wireless communications 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 10 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 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 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 20 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; 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 10 percent larger in height or overall volume than any other ground 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 Page 495 of 1253 Chapter 18.04 ACC, Definitions Page 68 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 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 (R)(1) through (4) of this section. 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 communications tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. S. “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. T. “Toll” and “tolling” mean 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. W. “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 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, directional, omni-directional and parabolic antennas, support equipment, alternative tower structures, and wireless communications 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 Page 496 of 1253 Chapter 18.04 ACC, Definitions Page 69 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. or telephones and their associated transmitting antennas, nor does it include other facilities specifically exempted from the coverage of this title. (Ord. 6799 § 4 (Exh. D), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1, 1997.) 18.04.913 Work/live unit. “Work/live unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and includes a complete dwelling unit and working space reserved for and regularly used by one or more occupants of the dwelling unit. Within a work/live unit the “work” component is the primary use, to which the residential use is secondary. While the work component of a live/work unit is secondary to its residential use. Work/live units are allowed within mixed-use developments. 18.04.914 Work release facility. “Work release facility” means a residential alternative to imprisonment, including work/training release and prerelease programs which are under the supervision of a court, federal, state or local agency. This definition excludes at-home electronic surveillance. (Ord. 6245 § 3, 2009; Ord. 4590 § 4 (Exh. C), 1992.) 18.04.920 Yard. See ACC 18.04.811, Setback area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.930 Yard, front. See ACC 18.04.812, Setback, front. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.940 Yard, rear. See ACC 18.04.813, Setback, rear. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) Page 497 of 1253 Chapter 18.04 ACC, Definitions Page 70 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.950 Yard, side. See ACC 18.04.814, Setback, side. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.954 Youth community support facility. “Youth community support facility” means a building, or a group of buildings within a campus setting, owned and operated by a nonprofit corporation or government entity that provides supportive services to children and young adults (under the age of 26) and families (with a child or young adult under the age of 26), who are homeless, at risk of homelessness, at risk of exploitation, experiencing a disability that presents barriers to employment and housing stability; or generally require structured supportive services to be successful living in the community; by providing counseling and case management, transitional housing (housing for no more than two years), temporary housing (i.e., limited to overnight stay), and daytime drop-in services (e.g., meals, showers, counseling, etc.). This definition does not include facilities providing housing for criminal justice, parole, or probation programs. Youth community support facilities are not stand-alone “supportive housing” or “communal residences.” (Ord. 6688 § 1 (Exh. 1), 2018.) 18.04.960 Zone. “Zone” means an area accurately defined as to boundaries and location on an official map to which a uniform set of regulations applies controlling the types and intensities of land uses, as set forth in this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 18.04.1001 Child care center. “Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning under Chapter 170-295 WAC. (Ord. 6642 § 15, 2017.) 18.04.1005 Marijuana or marihuana. “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or Page 498 of 1253 Chapter 18.04 ACC, Definitions Page 71 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 6642 § 16, 2017.) 18.04.1007 Marijuana cooperative. “Marijuana cooperative” means up to four qualifying patients, as defined by RCW 69.51A.010(19), who share responsibility for acquiring and supplying the resources needed to produce and process marijuana, including tetrahydrocannabinols or cannabimimetic agents, only for the medical use of members of the cooperative and not for profit. (Ord. 6642 § 17, 2017.) 18.04.1009 Marijuana-infused products. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana. (Ord. 6642 § 18, 2017.) 18.04.1011 Marijuana processor. “Marijuana processor” means any person or entity licensed by the Washington State Liquor and Cannabis Board to process, package, and label marijuana concentrates, including tetrahydrocannabinols or cannabimimetic agents, in accordance with the provisions of Chapters 65.50 and 69.51A RCW and Chapter 314-55 WAC. (Ord. 6642 § 19, 2017.) 18.04.1013 Marijuana producer. “Marijuana producer” means any person or entity licensed by the Washington State Liquor and Cannabis Board to produce marijuana, including tetrahydrocannabinols or cannabimimetic agents, for wholesale to marijuana processors and other marijuana producers pursuant to RCW 69.50.325. (Ord. 6642 § 20, 2017.) 18.04.1015 Marijuana related business. “Marijuana related business” means a person or entity engaged in for-profit activity that includes the possession, cultivation, production, processing, distribution, dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by the Controlled Substances Act, codified at 21 USC Section 812, Page 499 of 1253 Chapter 18.04 ACC, Definitions Page 72 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. including marijuana retailers, marijuana processors, and marijuana producers, as defined herein. (Ord. 6642 § 21, 2017.) 18.04.1017 Marijuana retailer. “Marijuana retailer” means any person or entity established for the purpose of making marijuana concentrates, usable marijuana and marijuana-infused products, including tetrahydrocannabinols or cannabimimetic agents, available for sale to adults aged 21 and over. (Ord. 6642 § 22, 2017.) 18.04.1019 Marijuana researcher. “Marijuana researcher” is a position licensed by the Washington State Liquor and Cannabis Board that permits a licensee to produce, process, and possess marijuana for the limited research purposes set forth in RCW 69.50.372. (Ord. 6642 § 23, 2017.) 18.04.1021 Marijuana transporter. “Marijuana transporter” is a position licensed by the Washington State Liquor and Cannabis Board pursuant to WAC 314-55-310 that allows a licensee to physically transport or deliver marijuana, marijuana concentrates, and marijuana-infused products between licensed marijuana businesses within Washington State. (Ord. 6642 § 24, 2017.) 18.04.1023 Public or private park. “Public or private park” means an area of land for the enjoyment of the public or private parties, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a private for-profit entity, a nonprofit entity, a homeowners’ association, city, county, state, federal government, sovereign nation or metropolitan park district. Public park does not include trails. (Ord. 6642 § 25, 2017.) 18.04.1025 Public or private playground. “Public or private playground” means a public or private outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a private business, a nonprofit entity, city, county, state, or federal government or sovereign nation. (Ord. 6642 § 26, 2017.) Page 500 of 1253 Chapter 18.04 ACC, Definitions Page 73 of 73 The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. 18.04.1027 Public or private recreational center. “Public or private recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a private business, charitable nonprofit organization, sovereign nation, city, county, state, or federal government. (Ord. 6642 § 27, 2017.) 18.04.1029 Public transit center. “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. (Ord. 6642 § 28, 2017.) The Auburn City Code is current through Ordinance 6904, passed February 21, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Code Publishing Company, A General Code Company Page 501 of 1253 Chapter 18.07 ACC, Residential Zones Page 1 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Chapter 18.07 RESIDENTIAL ZONES Sections: 18.07.010 Intent. 18.07.020 Uses. 18.07.030 Development standards. 18.07.010 Intent. A. General. This section describes the intent for each of the city’s residential zones. These intent statements may be used to guide the interpretation of the regulations associated with each zone. B. RC Residential Conservancy Zone. 1. RC residential conservancy zone is intended primarily to provide for low-intensity single-family residential uses with characteristics of an agricultural environment; provided, that the agricultural uses are secondary to the single-family uses. These areas allow for a lifestyle similar to that of rural areas that includes allowance of farm animals and streets without sidewalks. This zone is intended to protect areas with significant environmental constraints or values from impacts typically associated with urban levels of development while allowing low-intensity development designed to minimize impacts on the natural environmental features designated for conservation. 2. Public improvements required within the RC zone will be less than is normally required for the higher intensity residential zones within the city and are not subject to the city’s complete streets policies. 3. This zone shall only be applied in areas designated as residential conservancy on the comprehensive plan. C. R-1 Residential Zone. Page 502 of 1253 Chapter 18.07 ACC, Residential Zones Page 2 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 1. The intent of the R-1 residential zone is to provide areas for estate-type residential development on large lots in areas that are intended to create an open space separation between existing urban areas that are unique from each other and where limited public utilities and transportation infrastructure are present. Appropriate development standards required of other urban areas shall be required to serve this zone. 2. R-1 implements the Neighborhood Residential One comprehensive plan land use designation. D. R-2 Residential Low Zone. 1. The R-2 Residential Low zone is intended lower intensity residential development consisting of single-unit detached houses, townhouse, duplex, triplex, fourplex, two- story stacked flats, courtyard apartments, cottage housing on lot sizes typical of suburban and urban development. This residential zone allows flexibility in the types and densities of housing permitted while at the same time maintaining a desirable family living environment by establishing minimum usable open spaces, maximum impervious coverage, and maximum units per lot area with the character and scale of traditional single-unit detached neighborhoods. 2. A related consideration of this zone is to provide a transition between low-intensity residential development areas and higher- and lower-intensity designations. Small-scale, community-based commercial development that provides services to the local neighborhood will be considered through the administrative use permit process. 3. R-2 implements the Neighborhood Residential Two comprehensive plan land use designation. E. R-3 Residential Moderate Zone. 1. The intent of the R-3 Residential Moderate zone is to allow all residential and commercial types and uses provided in the R-2 Residential zone, while allowing additional intensity through allowing stacked flats up to three stories, fiveplexes, and sixplexes. Single-unit detached houses are not permitted in the R-3 zone. Apartment buildings and Mixed-Use development consisting of no more than 20 units and 3-stories per lot is permitted. Supportive Housing and residential care developments are Page 503 of 1253 Chapter 18.07 ACC, Residential Zones Page 3 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. permitted in this zone to provide additional needed housing options but must still adhere to the residential density and unit limitations established within this category. Small-scale commercial development providing services to the area is encouraged in this zone and implemented through the administrative use permit process. 2. R-3 implements the Neighborhood Residential Two comprehensive plan land use designation. F. R-4 Residential High Zone. 1. The R-4 Residential High zone is intended to maximize residential density opportunities and is further intended as a residential zone primarily of Middle Housing and multiple-story apartment and mixed-use development. This zone is characterized by a more active living environment near transit, urban services and commercial uses. The R-4 Residential zone allows for all uses allowed in the R-3 zone, plus apartment and mixed-use development of more than 20 units and 3-stories per lot is permitted. Small- scale commercial development providing services to the area is encouraged in this zone and implemented through the administrative use permit process. 2. R-4 implements the Neighborhood Residential Three comprehensive plan land use designation. G. R-NM Residential Neighborhood Mixed-Use Zone. 1. The intent of the R-NM Residential Mixed-Use zone is to provide a flexible approach that achieves a mix of dense residential development and light commercial uses in either a vertical or horizontal configuration. Within this zone there will be a mix of retail, office, middle housing, and multi-story residential uses, with attractive design and accessible spaces for people to live, work, and visit. This zoning designation is served primarily by a combination of transit, pedestrian, and/or bicycle facilities allowing people to access amenities without needing a personal vehicle. Uses and densities allowed within this zone will be consistent with the uses permitted in the C-1 Light Commercial and the densities of the R4 - Residential High zone. New development and redevelopment will incorporate a mix of residential and commercial uses. In addition, parks and open spaces are encouraged and may be permitted through the administrative use permit process. Page 504 of 1253 Chapter 18.07 ACC, Residential Zones Page 4 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 2. Street-level development is encouraged to be retail or higher traffic local businesses or offices, and residential is encouraged on the upper levels of buildings. This zoning district should walkable and bikeable to neighborhood commercial services and transit facilities and have a high level of street activation and amenities. H. R-F – Residential Flex Zone. 1. The R-F Residential-Flex zone is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, salons and other personal services, eating and drinking establishments, and banks and similar financial institutions at locations where they are compatible with residential uses. Accessory retail may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along corridors serving lower density residential land uses. Conversion of residential uses to commercial uses is geared towards encouraging adaptive reuse of existing single-unit structures that continue to appear in accord with the single-unit residential character. New development in the RF – Residential-Flex zone should not exceed two-stories or footprint that is designed to maintain a character and a scale smaller than the R-NM Residential Mixed-use Residential zone. 18.07.020 Uses. Table 18.07.020. Permitted Use Table – Residential Zones P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations RC R-1 R-2 R-3 R-4 R-NM R-F A. Residential Uses. Page 505 of 1253 Chapter 18.07 ACC, Residential Zones Page 5 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Accessory dwelling units subject to the provisions contains in Chapter 18.32 P1 P1 P1 P1 P1 P1 P1 Accessory use, residential P P P P P P P Adult family home P P P P P P1 P Apartments (7 units or more) X X X P11 P P X Bed and breakfast or short-term rentals P P P P P X P Caretaker apartment X X X X X P X Communal residence four or less individuals P P P P P X P Foster care homes P P P P P X P Group residence facilities (7 or more residents) X X X P P P P Group residence facilities (6 or fewer residents) P P P P P P P Keeping of animals4 P2 P2 P2 P2 P2 P2 P2 Middle housing subject to the provisions in Chapter 18.25 (2 to 6 units) P P P P P P P Neighborhood recreational buildings and facilities owned and managed by the neighborhood homeowners’ association A6 A6 A6 A6 A6 P P Use as dwelling units of (1) recreational vehicles that are not part of an approved recreational vehicle park, (2) boats, (3) automobiles, and (4) other vehicles X X X X X X X Renting of rooms, for lodging purposes only, to accommodate not more than two P P P P P P P Page 506 of 1253 Chapter 18.07 ACC, Residential Zones Page 6 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. persons in addition to the family or owner occupied unit8 Residential care facilities including but not limited to assisted living facilities, convalescent homes, continuing care retirement facilities P P P P P P P Single-unit detached dwellings, new P P P X X X P Supportive housing, subject to the provisions of ACC 18.31.160 X X X P P P P Swimming pools, tennis courts and similar outdoor recreation uses only accessory to residential or park uses P P P P P P P Townhouses (attached) X X X X P P P B. Commercial Uses. Commercial horse riding and bridle trails A X X X X X X Commercial recreation facility, indoor X X X X P P X Commercial retail establishment X X A A P P A Convenience store X X X X P P X Daycare, limited to a mini daycare center. Daycare center, preschool or nursery school may also be permitted but must be located on an arterial X P P P P P P Grocery or specialty food store X X X A P P A Home-based daycare as regulated by RCW 35.63.185 and through receipt of approved city business license P P P P P P P Page 507 of 1253 Chapter 18.07 ACC, Residential Zones Page 7 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P 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, 10 X X X P P P P Personal service shop X X A P P P P Nursing homes X X X X C C C Privately owned and operated parks and playgrounds and not homeowners’ association-owned recreational area X A A A A P P Professional offices X X A A P9 P P Restaurant, café, or coffee shop X X A A P P A Neighborhood retail establishment X X A A P P P C. Resource Uses. Agricultural enterprise:7 When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, A7 X X X X X X Page 508 of 1253 Chapter 18.07 ACC, Residential Zones Page 8 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. and with 52 or less special events per calendar year When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per calendar year C7 X X X X X X Agricultural type uses are permitted provided they are incidental and secondary to the single-family use: Agricultural crops and open field growing (commercial) P X X X X X X Barns, silos and related structures P X X X X X X Commercial greenhouses P X X X X X X Pasturing and grazing4 P X X X X X X Public and private stables4 P X X X X X X Roadside stands, for the sale of agricultural products raised on the premises. The stand cannot exceed 300 square feet in area and must meet the applicable setback requirements P X X X X X X 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 Page 509 of 1253 Chapter 18.07 ACC, Residential Zones Page 9 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions, less than one acre lot size A A A A A A A Religious institutions, one acre or larger lot size C C C C C C C Transmitting towers C C C C C C C Type 1-D wireless communications facility (see ACC 18.04.912(W) and ACC 18.31.100) P P P P P P P Eligible facilities request (EFR) (wireless communications facility – See ACC 18.04.912(H)) P P P P P P P Utility facilities and substations C5 C5 C5 C5 C5 C5 C5 Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P 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. Page 510 of 1253 Chapter 18.07 ACC, Residential Zones Page 10 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. 7 Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210, Agricultural enterprises development standards. 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. 9 As component of Mixed-use developments and/or office ground floor uses permitted up to 5,000 square feet. 10 Commercial uses permitted outright, or allowed administratively or conditionally in this table may be allowed as part of mixed-use development. 11 Apartment buildings and Mixed-use development consisting of no more than 20 units and 3-stories per lot is permitted. (Ord. 6799 § 5 (Exh. E), 2020; 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.) 18.07.030 Development standards. Table 18.07.030. Residential Development Standards Standard RC R-1 R-2 R-3 R-4 R-NM R-F A Minimum density, units or lots per acre (lot 0.25 (174,00 0 sf of lot area 1 (43,500 sf of lot 7 (6,222 sf lot area per unit) 12 (3,630 sf lot area per unit) 16 (2,723 sf lot area per unit) 30 (1,452 sf lot area per unit) 7 (6,222 sf lot area per unit) Page 511 of 1253 Chapter 18.07 ACC, Residential Zones Page 11 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. area per unit)1, 5, 6 per unit) area per unit) B Minimum lot size (square feet) 8 174,000 43,500 4,400 2,700 2,200 2,200 4,400 C Minimum lot width (feet)2, 5, 8 125 125 40 20 for interior lots; 35 for exterior lots 20 for interior lots; 35 for exterior lots 20 for interior lots; 35 for exterior lots 40 D Units allowed 1 Base units allowed per lot7 4 4 4 4 4 4 4 2 Base units per lot allowed with transit or affordabilit y bonus7 6 6 6 6 6 6 6 3 Lot area per unit above base (B1 or B2 as applicable) allowance X X 1,250 750 N/A N/A 1,250 Page 512 of 1253 Chapter 18.07 ACC, Residential Zones Page 12 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. (square feet)7 4 Maximum units per lot7 6 6 6 20 N/A N/A 6 E Minimum setbacks (feet)2,3 1 Residence front setback3 35 35 10 10 10 10 10 2 Garage (minimum front setback required from street access)3 20 20 20 20 20 20 20 unless alley- loaded then 15 provided there are 20 feet from any garage 3 Setback to any property line for barns, stables, or similar structures for enclosure of large 75 X X X X X X Page 513 of 1253 Chapter 18.07 ACC, Residential Zones Page 13 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. domestic animals For other animals, see the supplemen tal developme nt standards for animals in ACC 18.31.220 4 Setback to any property line for any corral, exercise yard, or arena for large domestic animals For other animals, see the supplemen tal developme nt standards 35 X X X X X X Page 514 of 1253 Chapter 18.07 ACC, Residential Zones Page 14 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. for animals in ACC 18.31.220 5 Interior side setback 20 10 5 5 5 5 5 6 Street side setback3 In all zones, 20 feet minimum street side setback required from street access. 35 20 10 10 10 10 10 7 Rear setback3 35 20 15 15 10 10 15 8 Rear setback, detached structure3, 9 In all zones, 20 feet minimum street side setback required 15 15 10 5 5 5 10 Page 515 of 1253 Chapter 18.07 ACC, Residential Zones Page 15 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. from street access. F Maximum impervious area (%) 25 50 75 80 90 90 75 G Maximum building height (feet) 35 35 35 45 75 75 45 H Maximum height of accessory buildings and structures 354 35 24 24 24 24 24 I Minimum front setback area landscape strip (feet) N/A N/A N/A 5 10 10 N/A J Minimum side setback area landscape strip (feet) N/A N/A N/A 5 10 10 N/A K Minimum landscaped N/A N/A See Chapter See Chapter See Chapter See Chapter N/A Page 516 of 1253 Chapter 18.07 ACC, Residential Zones Page 16 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. open space (%) 18.50 ACC 18.50 ACC 18.50 ACC 18.50 ACC 1 See ACC 18.02.065 for calculating density. 2 All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the satisfaction of the city engineer that all required utility infrastructure, access requirements, and street elements can be accommodated in accordance with the design and construction standards. 3 In addition to meeting setback requirements, all structures must meet sight distance requirements in accordance with city design and construction standards. 4 Barns and other specialized structures used for agricultural purposes may exceed the height limits. 5 Provision applicable to residential subdivision. 6 Does not apply to lots under 15,000 square feet. 7 See ACC 18.02.067 for calculating units allowed per lot. 8 Applies to new parent lots within a unit lot subdivision. 9 When abutting an alley, detached accessory dwelling units are allowed within the rear setback. (Ord. 6661 § 3, 2018; Ord. 6600 § 10, 2016; Ord. 6245 § 5, 2009.) The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Page 517 of 1253 Chapter 18.07 ACC, Residential Zones Page 17 of 17 The Auburn City Code is current through Ordinance 6944, passed July 15, 2024. Hosted by General Code. Page 518 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 1 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Chapter 18.09 R-MHC MANUFACTURED/MOBILE HOME COMMUNITY ZONE Sections: 18.09.010 Intent. 18.09.020 Uses. 18.09.030 Development standards. 18.09.010 Intent. The intent of the R-MHC manufactured/mobile home community zone is to provide a residential zone of single-unit manufactured homes exclusively within a planned community. It is further intended that the R-MHC zone shall only be prescribed in those areas that are bordered on, contain physical features, or shall be planned and designed as part of a larger development incorporating other housing types in a manner which limits further expansion into adjacent areas. (Ord. 6245 § 6, 2009.) 18.09.020 Uses. Permitted Use Table – Residential Zoning Designations Land Use R-MHC Zone A Manufactured/mobile home community P B Residential accessory use P C Manufactured/mobile home P Page 519 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 2 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Land Use R-MHC Zone community accessory use D Keeping of not more than six household pets. This limit shall not apply to birds, fish, or suckling young of pets. P E Home-based daycare P F Daycare limited to a mini daycare center, daycare center, or preschool/nursery school A G Marijuana cooperative X H Marijuana processor X I Marijuana producer X J Marijuana related business X K Marijuana researcher X L Marijuana retailer X M Marijuana transport business X P = Permitted Use A = Use may be permitted in district when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC. C = Use may be permitted in district when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC. Page 520 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 3 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. X = Prohibited Also see ACC 18.02.120 for further rules on interpretation. (Ord. 6642 § 5, 2017; Ord. 6269 § 4, 2009; Ord. 6245 § 6, 2009.) 18.09.030 Development standards. Table 18.09.030. Development Standards Development Standard1 R-MHC Zone A Base density (units per net acre) 10 B Minimum density (units per net acre) 8 C Minimum lot area (square feet) 217,8002 D Minimum lot area per dwelling unit (square feet) 2,500 E Minimum average lot area per dwelling unit (square feet) 4,300 F Minimum front setback (feet) Manufactured home community street: 8 Public or other private street: 20 G Minimum interior side setback (feet) Minimum distance between any manufactured home and/or accessory building and the manufactured home and/or accessory building on the adjoining space: 10 H Minimum street side setback (feet) Manufactured home community street: 5 Public or other private street: 10 Page 521 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 4 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Development Standard1 R-MHC Zone I Minimum rear setback (feet) Minimum distance between any manufactured home and/or accessory building and the manufactured home and/or accessory building on the adjoining space: 10 Manufactured home community street: 8 Public or other private street: 20 J Accessory structure setbacks There shall be a minimum of 10 feet between any two manufactured homes, between any manufactured home and accessory building on adjoining spaces, and between any other accessory buildings on adjoining spaces K Special setbacks for manufactured homes structures that abut another zoning district Setbacks shall be the same as provided for in the adjoining zone. However, in no case shall the setbacks be less than as prescribed in this subsection. L Maximum building height (feet) Main building: 30 feet Accessory building: 16 feet M Fences and hedges A six-foot high screened fence shall be constructed around the perimeter of the community. For those community boundaries that abut a public street the fence shall set back 20 feet and the 20-foot setback area landscaped with Type III landscaping (see ACC 18.50 for landscaping type). N Supplemental R-MHC development standards See ACC 18.31.190 Page 522 of 1253 Chapter 18.09 ACC, R-MHC Manufactured/Mobile Home Community Zone Page 5 of 5 The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Development Standard1 R-MHC Zone O Landscaping See Chapter 18.50 ACC P Parking See Chapter 18.52 ACC Q Signs See Chapter 18.56 ACC 1 All minimum lot widths, setbacks, and landscaping strips are subject to demonstration that all required utility infrastructure, access requirements, and street elements are provided for in accordance with city design and construction standards. 2 Minimum site area for development of the manufactured home park or community. (Ord. 6245 § 6, 2009.) The Auburn City Code is current through Ordinance 6940, passed April 15, 2024. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 523 of 1253 Chapter 18.21 ACC, Overlays Page 1 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Chapter 18.21 OVERLAYS Sections: 18.21.010 Lea Hill overlay. 18.21.020 West Hill overlay. 18.21.030 Urban separator overlay. 18.21.010 Lea Hill overlay. A. Purpose. The purpose of this section is to provide for additional development standards to address the area commonly referred to as the Lea Hill annexation area, as annexed under city of Auburn Ordinance Nos. 5346 and 6121, and identified on the city of Auburn comprehensive zoning map. While the intent is that the development standards for zones in the Lea Hill annexation area will be similar to (if not the same as) corresponding zones in other areas of the city, some variations are needed to recognize previous development allowed by King County zoning. Unless otherwise provided for in this section, all other provisions and requirements of this title shall apply to properties within the Lea Hill overlay. B. Development Standards – Lots Previously Approved. 1. For any residential lot that had received final plat approval, final short plat approval, or preliminary plat approval or that King County had received and determined the application complete for a preliminary plat or short plat, prior to the effective date of annexation into the city of Auburn, the development standards in the following table shall apply. The property owner/applicant shall be responsible to provide to the city evidence of these previous approvals. 2. Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in the applicable zoning chapters of this title, except as modified by this section. For farm animals, subsection E of this section or ACC 18.31.220 shall apply. Page 524 of 1253 Chapter 18.21 ACC, Overlays Page 2 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Zone Min Lot Area (Sq. Ft.) Min Lot Area (Sq. Ft. per Unit) Min Lot Width (Ft.) Max Lot Coverage (%) Setbacks1 Building Height Front (Ft.) Rear (Ft.) Side, Interior (Ft.) Side, Street (Ft.) Main (Ft.) Accessory (Ft.) R-1 8,000 N/A 35 35 20 5 5 10 35 35 R-22 2,500 N/A 30 35 10 5 5 10 35 16 R-23 2,500 6,000 30 35 10 5 5 10 35 16 R-34 2,500 4,300 30 40 10 5 5 10 35 35 R-35 2,500 2,700 30 55 10 5 5 10 35 35 R-46 2,500 2,175 30 55 10 5 5 10 35 35 1 Garages and other similar structures with a vehicular access require a 20-foot setback from any street. 2 Annexed as R-5 zone under city of Auburn Ordinance Nos. 5346 and 6121. 3 Annexed as R-7 zone under city of Auburn Ordinance Nos. 5346 and 6121. 4 Annexed as R-10 zone under city of Auburn Ordinance Nos. 5346 and 6121. 5 Annexed as R-16 zone under city of Auburn Ordinance Nos. 5346 and 6121. 6 Annexed as R-20 zone under city of Auburn Ordinance Nos. 5346 and 6121. C. Prior King County Approvals. The city of Auburn will recognize the terms of any King County- approved plat, PUD, conditional use permit, contract rezone or similar contractual obligations that may have been approved prior to the effective date of the annexation of the subject property. The conditions of any project that was approved by King County shall be required to be fulfilled in the city of Auburn. D. Planning Director Authorization. The planning director shall be authorized to interpret the language of any King County permit, plat or condition thereof and effectuate the implementation of same to the fullest extent possible. If there is a conflict between a previous Page 525 of 1253 Chapter 18.21 ACC, Overlays Page 3 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. King County approval and the Auburn regulation then the most restrictive provision shall apply as determined by the planning director. E. Farm Animals. 1. For properties greater than an acre in the R-1, R-5 and R-7 zones, it is permissible to keep farm animals (excluding goats and swine in the R-5 and R-7 zones); provided, there shall not be more than one horse, cow, donkey or other similar large animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals per each acre of enclosed usable pasture or roaming area. This acreage requirement is in addition to the minimum lot size requirements of the zone. Property owners of more than an acre in the Lea Hill overlay may choose to apply these standards or the standards in ACC 18.31.220. 2. Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and shall be 100 feet from any public street or alley. Any corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture area. 3. For those properties that do not meet the requirements of subsection (E)(1) of this section, and farm animals were present prior to annexation, the farm animals may remain as legal nonconforming uses. In such case the number of farm animals allowed may be the same as what the county zoning provisions had allowed prior to the effective date of the annexation of the subject property. F. Lot Averaging – R-1 Zone. It may be possible to subdivide land in the R-1 zone into lots smaller than 35,000 square feet if the property has a significant amount of nonbuildable land due to steep slopes, wetlands or similar features that would be in the public’s best interest to maintain. The following regulations shall apply in situations where lot averaging is permitted or required: 1. At least 50 percent of the subdivision must be set aside as open space. Critical areas (i.e., steep slopes, wetlands) can count towards the 50 percent requirement. Maintenance of the open space tract or easement shall be the responsibility of the property owner and/or a homeowners’ association. Page 526 of 1253 Chapter 18.21 ACC, Overlays Page 4 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. 2. The number of allowable lots in a subdivision shall be determined by multiplying the total number of acres in the subdivision by one. Any fraction shall be rounded to the nearest whole number with one-half being rounded up. 3. The minimum size of any lot shall be 8,000 square feet. For lots less than 35,000 square feet, the minimum lot width shall be consistent with the requirements of the R-5 zone (Chapter 18.07 ACC). All other applicable development standards related to the R-1 zone will continue to apply. 4. Lots within the subdivision shall be clustered so as to provide for continuity of open space within the subdivision and, where possible, with adjoining parcels. 5. Each lot within a subdivision shall illustrate a building area within which the house, accessory structures, and parking areas shall be constructed. The building area shall be exclusive of setbacks, nonbuildable areas or any required buffers from the nonbuildable areas. Any preliminary plat, final plat or short plat shall illustrate the building area for each lot. Any future construction will be limited to the identified building area. 6. A native growth protection easement or similar device, which may include provisions for the limited removal of vegetation and passive use of the easement, that perpetually protects the nonbuildable areas must be recorded with the final plat or short plat. G. All marijuana related businesses and marijuana cooperatives are prohibited land uses within the Lea Hill overlay. (Ord. 6642 § 6, 2017; Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.) 18.21.020 West Hill overlay. A. Purpose. The purpose of this section is to provide for additional development standards to address the area commonly referred to as the West Hill annexation area, as annexed under city of Auburn Ordinance No. 6122 and identified on the city of Auburn comprehensive zoning map. While the intent is that the development standards for zones in the West Hill annexation area will be similar to (if not the same as) corresponding zones in other areas of the city, some variations are needed to recognize previous development allowed by King County zoning. Unless otherwise provided for in this section, all other provisions and requirements of this title shall apply to properties within the West Hill overlay. Page 527 of 1253 Chapter 18.21 ACC, Overlays Page 5 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. B. Development Standards – Lots Previously Approved. 1. For any residential lot that had received final plat approval, final short plat approval, preliminary plat approval or that King County had received and determined the application complete for a preliminary plat or short plat, prior to the effective date of annexation, the development standards in the following table shall apply. The property owner/applicant shall be responsible to provide evidence of these previous approvals/decisions. 2. Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in the applicable zoning chapters of this title, except as modified by this section. For farm animals, subsection E of this section or ACC 18.31.220 shall apply. Zone Min Lot Area (Sq. Ft.) Min Lot Area (Sq. Ft. per Unit) Min Lot Width (Ft.) Max Lot Coverage (%) Setbacks1 Building Height Front (Ft.) Rear (Ft.) Side, Interior (Ft.) Side, Street (Ft.) Main (Ft.) Accessory (Ft.) R-1 8,000 N/A 35 35 20 5 5 10 35 35 R-22 2,500 N/A 30 35 10 5 5 10 35 16 R-23 2,500 6,000 30 35 10 5 5 10 35 16 1 Garages and other similar structures with a vehicular access require a 20-foot setback from any street. 2 Annexed as R-5 zone under city of Auburn Ordinance No. 6122. 3 Annexed as R-7 zone under city of Auburn Ordinance No. 6122. C. Prior King County Approvals. The city of Auburn will recognize the terms of any King County- approved plat, PUD, conditional use permit, contract rezone or similar contractual obligations that may have been approved prior to the effective date of the annexation of the subject property. The conditions of any project that was approved by King County shall be required to be fulfilled in the city of Auburn. Page 528 of 1253 Chapter 18.21 ACC, Overlays Page 6 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. D. Planning Director Authorization. The planning director shall be authorized to interpret the language of any King County permit, plat or condition thereof and effectuate the implementation of same to the fullest extent possible. If there is a conflict between a previous King County approval and the Auburn regulation, then the most restrictive provision shall apply as determined by the planning director. E. Farm Animals. 1. For properties greater than an acre in the R-1, R-5 and R-7 zones within the West Hill overlay, it is permissible to keep farm animals (excluding goats and swine in the R-5 and R-7 zones); provided, there shall not be more than one horse, cow, donkey or other similar large animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals per each acre of enclosed usable pasture or roaming area. This acreage requirement is in addition to the minimum lot size requirements of the applicable zone. Property owners of more than an acre in the West Hill overlay district may choose to apply these standards, or the standards in ACC 18.31.220. 2. Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and no closer than 100 feet from any public street or alley. Any corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line. This excludes pasture areas. 3. For those properties that do not meet the requirements of subsection (E)(1) of this section, and farm animals were present prior to annexation, the farm animals may remain as legal nonconforming uses. In such case, the number of farm animals allowed may be the same as what the county zoning provisions had allowed prior to the effective date of the annexation of the subject property. F. All marijuana related businesses and marijuana cooperatives are prohibited land uses within the West Hill overlay. (Ord. 6642 § 7, 2017; Ord. 6369 § 4, 2011; Ord. 6245 § 13, 2009.) 18.21.030 Urban separator overlay. A. Purpose. The purpose of this section is to provide for additional development standards to address the area designated as urban separator in the city’s comprehensive plan, as prescribed in the interlocal agreement between the city and King County approved under city of Auburn Page 529 of 1253 Chapter 18.21 ACC, Overlays Page 7 of 7 The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Resolution No. 4113 and identified on the city of Auburn comprehensive land use map. Unless otherwise provided for in this section, all other provisions and requirements of this title shall apply to properties within the urban separator overlay. B. Development Standards. For property located within a designated urban separator, lot averaging shall be required. The regulations of ACC 18.21.010(F) shall apply in situations where lot averaging is used. C. All marijuana related businesses and marijuana cooperatives are prohibited land uses within the urban separator overlay. (Ord. 6642 § 8, 2017; Ord. 6245 § 13, 2009.) The Auburn City Code is current through Ordinance 6928, passed December 4, 2023. Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.auburnwa.gov Hosted by Code Publishing Company, A General Code Company. Page 530 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 1 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Sections: 18.23.010 Purpose. 18.23.020 Intent of commercial and industrial zones. 18.23.030 Uses. 18.23.040 Development standards. 18.23.060 Additional development standards for the C-1, C-2, C-AG, and M-1 zones. 18.23.010 Purpose. This chapter lists the land uses that may be allowed within the commercial and industrial zones established by ACC 18.02.070 (Establishment of zones), determines the type of land use approval required for each use, and provides basic and additional development standards for sites, buildings, and associated improvements. (Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.) 18.23.020 Intent of commercial and industrial zones. A. General. This section describes the intent for each of the city’s commercial and industrial zones. These intent statements are to be used to guide the interpretation of the regulations associated with each zone. The planning director is authorized to make interpretations of these regulations based on their analysis of them together with clear and objective reasons for such interpretation. C. C-1, Light Commercial Zone. The C-1 Light Commercial zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small- to moderate-scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages a broad mix of small scale uses such as leisure shopping, office, eating and Page 531 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 2 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. drinking establishments, entertainment and assembly uses and provides amenities conducive to attracting shoppers and pedestrians. Building height, size, and orientation are the primary standards that will be used to maintain the smaller more pedestrian scale uses within this zone. E. C-2, Heavy Commercial Zone. The intent of the C-2 Heavy Commercial zone is to allow for medium to high intensity uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional uses. This zone is intended to accommodate uses which are oriented to automobiles either as a mode or target of the commercial service while fostering a pedestrian orientation. The uses allowed can include outside activities, display, fabrication or service features when not the predominant portion of the use. The uses enumerated in this classification may be larger in scale and building size and have more potential for impacts to surrounding properties and street systems than those uses permitted in the more restrictive commercial classifications. C-AG, Auburn Gateway Zone. The intent of the C-AG - Auburn Gateway Zone is to provide for a pedestrian-oriented mix of retail, office, middle housing, and multifamily residential uses in the Northeast Auburn Special Area Plan and Auburn Gateway Planned Action area, as described in Chapter 18.08 ACC. This classification is also intended to allow flexibility in design and the combination of uses that is responsive to market demands. The uses enumerated in this classification anticipate a mix of multifamily residential, middle housing, retail, and office uses that are coordinated through a site-specific planning process. The multiple-family residential must be located in a multi-story building. Certain heavy commercial uses permitted in other commercial classifications are not permitted in this zone because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of environment that is conducive to this mix of uses. G. M-1, Light Industrial Zone. The intent of the M-1 Light Industrial zone is to accommodate a variety of industrial, manufacturing, commercial, and limited residential uses in an industrial environment, and to preserve land primarily for industrial and commercial uses, and to implement the economic goals of the comprehensive plan, and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather Page 532 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 3 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. than the actual types of products made. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in industrial and commercial development. While allowed, outdoor storage will be regulated in a manner that mitigates visual impacts taking surrounding uses and vehicular corridors into consideration. H. M-2, Heavy Industrial Zone. The M-2 Heavy Industrial is intended to accommodate a broad range of manufacturing and industrial uses. Permitted activity may vary from medium to higher intensity uses that involve the manufacture, fabrication, assembly, or processing of raw and/or finished materials. Heavy industrial uses should not be located near residential development. While other uses may be sited within this zone, permits for such uses should not be issued if such uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce traffic in conflict with the industrial uses. (Ord. 6885 § 1 (Exh. A), 2022; Ord. 6728 § 3 (Exh. C), 2019; Ord. 6433 § 26, 2012.) 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. C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are separately prohibited by that chapter or will be required to comply with additional regulations that are associated with the airport overlay. Page 533 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 4 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and Industrial Zones PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING Building contractor, light X P X P P Building contractor, heavy X X X A P Manufacturing, assembling and packaging – Light intensity X P X P P ACC 18.31.180 Manufacturing, assembling and packaging – Medium intensity X A X P P ACC 18.31.180 Manufacturing, assembling and packaging – Heavy intensity X X X X A ACC 18.31.180 Marijuana processor X X X C C Chapter 18.59 ACC Marijuana producer X X X C C Chapter 18.59 ACC Marijuana researcher X X X C C Chapter 18.59 ACC Page 534 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 5 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Marijuana retailer X C X C C Chapter 18.59 ACC Marijuana transporter business X X X C C Chapter 18.59 ACC Outdoor storage, incidental to principal permitted use on property X P X P P ACC 18.57.020(A) Storage – Personal household storage facility (mini-storage) P P X P P ACC 18.57.020(B) Warehousing and distribution X X X P C ACC 18.57.020(C) Warehousing and distribution, bonded and located within a designated foreign trade zone X P X P P Wholesaling with on-site retail as an incidental use (e.g., coffee, bakery) X P X P P RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Page 535 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 6 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Commercial recreation facility, indoor P P P P A Commercial recreation facility, outdoor X A A P A ACC 18.57.025(A) Conference/convention facility X A X A X Library, museum A A X A X Meeting facility, public or private P P X A A Movie theater, except drive-in P P P X X Private school – Specialized education/training (for profit) A P P P P Religious institutions, lot size less than one acre P P A A A Religious institutions, lot size more than one acre P P A A A Page 536 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 7 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Sexually oriented businesses X P X P P Chapter 18.74 ACC Sports and entertainment assembly facility X A X A A Studio – Art, dance, martial arts, music, etc. P P P P A RESIDENTIAL Apartment units, as part of a mixed-use development2 X X X P P P X ACC 18.57.030 Apartments, stand-alone X X X X X X X Caretaker apartment P P X P P Live/work unit, as part of a mixed-use development2 X P P P X Live/work unit, stand- alone3 X X X X X X X Work/live unit, as part of a mixed-use development2 P P P P X Page 537 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 8 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Work/live unit, stand- alone3 X X X X X X X Marijuana cooperative X X X X X Nursing home, assisted living facility X P P P C X X Senior housing2 X X A A X X X RETAIL Building and landscape materials sales X X X P X P P ACC 18.57.035(A) Construction and heavy equipment sales and rental X X X X X A P Convenience store A A P P X P P Drive-through espresso stands A A A P A P A Page 538 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 9 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Drive-through facility, including banks and restaurants A A A P P P P ACC 18.52.040 Entertainment, commercial X A P P X A A Groceries, specialty food stores P P P P P P X Nursery X X X P A P P ACC 18.57.035(C) Outdoor displays and sales associated with a permitted use (auto/vehicle sales not included in this category) P P P P P P P ACC 18.57.035(D) Restaurant, cafe, coffee shop P P P P P P P Retail Community retail establishment A P P P P P P Neighborhood retail establishment P P P P P P P Page 539 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 10 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Regional retail establishment X X X P P P A Tasting room P P P P P P P Tavern P P X P P P A Wine production facility, small craft distillery, small craft brewery A P P P P P P SERVICES Animal daycare (excluding kennels and animal boarding) A A A P A P P ACC 18.57.040(A) Animal sales and services (excluding kennels and veterinary clinics) P P P P P P P ACC 18.57.040(B) Banking and related financial institutions, excluding drive-through facilities P P P P P P P Catering service P P P P A P P Page 540 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 11 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Daycare, including mini daycare, daycare center, preschools or nursery schools A P P P P P X Dry cleaning and laundry service (personal) P P P P P P P Equipment rental and leasing X X X P X P P Kennel, animal boarding X X X A X A A ACC 18.57.040(C) Government facilities; this excludes offices and related uses that are permitted outright A A A A A A A Hospital X P P P X P P Lodging – Hotel or motel X P P P P A A Medical – Dental clinic P P P P P P X Mortuary, funeral home, crematorium A P X P X P X Page 541 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 12 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Personal service shops P P P P P P X Pharmacies P P P P P X X Print and copy shop P P P P P P X Printing and publishing (of books, newspaper and other printed matter) X A P P P P P Professional offices P P P P P P P Repair service – Equipment, appliances X A P P P P P ACC 18.57.040(D) Veterinary clinic, animal hospital A P P P P P X Youth community support facility X P X X X X X ACC 18.57.040(E) TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance, taxi, and specialized transportation facility X X X A X P P Page 542 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 13 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Broadcasting studio X P X P X P P Heliport X X X C X C C Motor freight terminal1 X X X X X X X See Footnote No. 1 Parking facility, public or commercial, surface X P P P P P X Parking facility, public or commercial, structured X P P P P P X Towing storage yard X X X X X A P ACC 18.57.045(A) Utility transmission or distribution line or substation A A A A A A A Wireless communications facility (WCF) (See ACC 18.04.912(W)) * * * * * * * *See ACC 18.31.100 for use regulations and zoning development standards. Eligible facilities request (EFR) (wireless communications facility) (See ACC 18.04.912(H)) P P P P P P P Page 543 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 14 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 Small wireless facilities (ACC 18.04.912(Q)) P P P P P P P VEHICLE SALES AND SERVICES Automobile washes (automatic, full or self- service) X A X P P P P ACC 18.57.050(A) Auto parts sales with installation services X A A P P P P Auto/vehicle sales and rental X A X P X P P ACC 18.57.050(B) Fueling station X A A P P P P ACC 18.57.050(C) Mobile home, boat, or RV sales X X X P X P P Vehicle services – Repair/body work X X A P X P P ACC 18.57.050(D) OTHER Any commercial use abutting a residential zone which has hours of A A A A A A A Page 544 of 1253 Chapter 18.23 ACC, Commercial and Industrial Zones Page 15 of 20 The Auburn City Code is current through Ordinance 6912, passed July 17, 2023. PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted C – Conditional A – Administrative X – Prohibited LAND USE Zoning Designation Standards for Specific Land Uses C-1 C-2 C-AG M-1 M-2 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. Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. See ACC 18.02.120(C)(6), Unclassified Uses. P P P P P P P 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,