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-2.

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.

1. Fence heights shall not exceed the following in each of the required setback areas, as regulated per each zone:

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.

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.

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.

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.

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-2, M-1, M-2, L-F, 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:

1. Retaining walls must be designed and located per the adopted IBC and IRC design standards. See Figure 18.21.025(A).

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.

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.

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.

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.)

1. For single-unit detached 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:

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.

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.

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.

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:

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:

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;

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:

14. All recreational vehicle spaces shall be well marked and numbered.

1. Name of the owner and operator, with address and phone number, and the name of the proposed recreational vehicle park or campground;

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.)

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 projection does not interfere with required utilities easements or sight distance requirements pursuant to city design and construction standards;

2. Porches and Platforms.

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.

1. The lot line of any new or expanding work release, prerelease or similar facility shall be located:

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.

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:

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:

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:

1. New Freestanding Towers.

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.

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.

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.

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.

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.

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.

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.

1. Concealment Design Techniques. All WCFs and any transmission equipment shall, to the extent technically feasible, use concealment design techniques including, but not limited to, the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the components of the WCF and the WCF to the surrounding natural setting and/or built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located on the site and parcel and on adjacent parcels.

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.

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:

7. Administrative Waiver.

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.

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.

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.

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.

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.

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:

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.

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.

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. 6959 § 1 (Exh. A), 2024; Ord. 6885 § 1 (Exh. A), 2022; Ord. 6799 § 7 (Exh. G), 2020; Ord. 6716 § 1 (Exh. A), 2019; Ord. 6245 § 15, 2009.)

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.

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.)

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.

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.)

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.

1. International Property Maintenance Code occupancy requirements are applicable to a communal residence regardless of the number of individuals living in the residence.

2. Repealed by Ord. 6977. (Ord. 6977 § 1 (Exh. A), 2025; Ord. 6560 § 10, 2015; Ord. 6477 § 9, 2013; Ord. 6245 § 15, 2009.)

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.)

1. The lot line of any new or expanding SCTF shall be located:

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 “not 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).

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.

1. In the RC, R-1, R-2, R-3, and R-F zones, the total number of units shall be based on the maximum units per lot (ACC 18.07.030).

2. In the R-4 and R-NM zones, the maximum lot size is three acres.

3. In the DUC, C-1, C-2, M-1, and M-2 zones the average unit size is 350 square feet (on-site manager unit excepted). Indoor emergency shelters are exempt from this standard.

4. If more than 100 units or beds are provided, then no other permanent supportive housing, transitional housing, emergency housing or shelter is allowed within 500 feet. The 500-foot buffer is measured from the property lines.

5. Must comply with the International Building Code (IBC) with relation to occupancy.

6. Shall provide an on-site manager who is accountable to the owner or manager of the supportive housing project.

7.  While participation is not mandatory, appropriate on-site or off-site support services shall be available. 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. 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:

9. If the housing project is discontinued or abandoned, future use of the property shall be in conformance with the use and development standards of the underlying zone.

1. Has at least two accessible exits; and

2.  Does not pose imminent danger to persons, as determined by the building official; then

3. The organization must enter into a memorandum of understanding for fire safety that includes local fire district inspections, an outline for appropriate emergency procedures, a determination of the most viable means to evacuate occupants from inside the host site with appropriate illuminated exit signage, panic bar exit doors, and a completed fire watch agreement indicating:

1. Notice.

2. Site Criteria.

3. Security.

4. Timing.

5.  Health and Safety.

6. Termination. If the religious organization fails to take action against a resident who violates the standards provided herein, it may result in immediate termination of the homeless encampment. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the encampment must be immediately terminated. (Ord. 6977 § 1 (Exh. A), 2025.)

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.

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.

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).

1. Apartments (Formerly Multiple-Family) and Mixed-Use Developments. The following land uses and types of development are subject to the city’s apartment and mixed-use design standards document unless addressed by a different set of architectural and site design standards applicable to a specific geographic area:

2. Downtown Urban Center. The following locations of development activities are subject to the city’s downtown urban design standards document:

3. Auburn Junction. The following locations of development activities are subject to the city’s Auburn Junction design standards document:

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:

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

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.

1. Mixed-use and apartment (formerly multiple-family) development design standards.

2. Auburn Gateway architectural and site design standards.

3. Downtown urban design standards.

4. Auburn Junction design standards.

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.

1. A pre-application conference is required for the following instances:

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.

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.

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.

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:

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:

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.

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.

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, single-unit detached dwellings and middle housing.

4. In addition to the criteria in subsections (J)(1) through (J)(3) of this section, for apartments and retirement apartment projects, the director or designee must determine that the following key review criteria have been met:

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 similarly 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;

15. Special events. Special events include, but are not limited to, the following activities where attendance exceeds 200 persons or more:

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.

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.

5. Maximum Impervious Area. The maximum impervious area shall not exceed 25 percent.

6. Setbacks. Structures for agricultural enterprises shall be located as follows:

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:

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.

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:

15. Wineries. All wineries with or without tasting rooms shall:

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.

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.)

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.

1. Domestic fowl and poultry are permitted as an accessory use to a single-unit detached dwelling.

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.

1. Miniature goats are permitted as accessory use to a single-unit detached dwelling.

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.

1. Potbelly pigs are permitted as accessory use to a single-unit detached dwelling.

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.

1. Large domestic animals are allowed as an accessory use to a single-unit detached dwelling.

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.

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.

1. Beekeeping is allowed as an accessory use to a single-unit detached dwelling 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.