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ORDINANCE NO. 4 7 7 3
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTIONS 18.02.020 ENTITLED "PURPOSE" AND
18.02.030 ENTITLED "SCOPE" CONTAINED IN CHAPTER 18.02 ENTITLED
"GENERAL PROVISIONS"; AUBURN CITY CODE SECTION 18.56 ENTITLED
"PURPOSE" CONTAINED IN CHAPTER 18.56 ENTITLED "SIGNS"; AUBURN
CITY CODE SECTIONS 18.64.010 ENTITLED "INTENT", 18.64.040
ENTITLED "FINDINGS OF FACT" AND 18.64.050 ENTITLED "CONDITIONS
OF APPROVAL" CONTAINED IN CHAPTER 18.64 ENTITLED
"ADMINISTRATIVE AND CONDITIONAL USE PERMITS" TO ADD LANGUAGE
REGARDING PUBLIC NUISANCES AND DECLARING AM EMERGENCY.
WHEREAS, Initiative 164 was approved by the Washington
State Legislature this year and shall become effective July
23, 1995 unless a sufficient referendum petition (Referendum
48) is filed by July 22, 1995; and
WHEREAS, Initiative 164 is an Act relating to the
regulation of private property, adding a new chapter to Title
64 RCW; and
WHEREAS, Initiative 164 requires any government entity
which takes private property by regulation or restraint of
land use for general public use pay full compensation of the
reduction in value to the owner; and
WHEREAS, any action taken by the government entity to
prevent or abate a private nuisance that limits the use or
development of private property is not a restraint of land use
pursuant to Initiative 164;
WHEREAS, the Planning Commission at their July 5, 1995
meeting held a public hearing on the amendment and at the
Ordinance No. 4773
July 11, 1995
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conclusion of which
of said amendment.
NOW, THEREFORE,
recommended to the City Council approval
THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Auburn City Code Section 17.02.030 entitled
"Purpose" and 18.02.030 entitled "Scope" contained in Chapter
18.02 entitled "General Provisions"; Auburn City Code Section
18.56 entitled "Purpose" contained in Chapter 18.56 entitled
"Signs"; Auburn City Code Sections 18.64.010 entitled
"Intent", 18.64.040 entitled "Findings of Fact" and 18.64.050
entitled "Conditions of Approval" contained in Chapter 18.64
entitled "Administrative and Conditional Use Permits" to add
language regarding public nuisances and declaring an
emergency, is hereby amended as set forth on attached Exhibit
"A" and made a part thereof as though set forth in full
herein.
Section 2.
Pursuant to RCW
declared to exist
Emergency Clause and Effective Date.
35A.13.190 a public emergency is hereby
for the reasons set forth above regarding
the passage of the amendments herein and for the protection of
public health, public safety, public property or public peace
which requires that this ordinance shall take effect upon
passage by a majority plus one of the whole membership of the
City Council.
Ordinance No. 4773
July 11, 1995
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Section 3,
to be separate
sentence,
ordinance,
person or
remainder
The provisions of this ordinance are declared
and severable. The invalidity of any clause,
paragraph, subdivision, section or portion of this
or the invalidity of the application thereof to any
circumstance shall not affect the validity of the
of this ordinance, or the validity of its
application to other persons or circumstances.
Section 4. The Mayor is hereby authorized to
such administrative procedures as may be necessary
out the directions of this legislation.
implement
to carry
INTRODUCED:
PASSED:
APPROVED:
July 17, 1995
July 17, 1995
July 17, 1995
CHARLES A. BOOTH
MAYOR
Ordinance No. 4773
July 11, 1995
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ATTEST:
--Roi~il'r-W~,hii~:i.~z, Danielle E. Daskam, Deputy
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance No. 4773
July 11, 1995
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TITLE 18 ZONING
Chapter 18.02 GENERAL PROVISIONS
18.02.020 Purpose.
ae
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,
The specific zones and regulations set out in this
title are designed to facilitate adequate provisions
of utilities, schools, parks and housing with
essential light, air, privacy, and open space; to
lessen congestion on streets and facilitate the safe
movement of traffic thereon; to stabilize and
enhance property values; to prevent the overcrowding
of land; to 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 through
such achievements help ensure the safety and
security of home life, foster good citizenship,
create and preserve a more healthful, serviceable
and attractive municipality and environment in which
to live.
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 yards 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
Exhibit 'A' Ordinance No. 4772
July 11, 1995
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with the view of conserving and encouraging the most
appropriate use of land throughout the city and ~Q
prevent and abate Public nuisanG~s.
18.02.030 Scope.
The provisions of this title shall apply to both
public and private use of land within the corporate
limits of the city.
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 district in which such building,
land, or premises are located.
Ce
Any building, structure or use lawfully existing at
the time of passage of this title, although not in
compliance therewith, may continue as provided in
Chapter 18.54 ACC.
In interpreting and applying the provisions of this
title, they shall be held to be the minimum
requirements for the promotion of the public health,
safety, and general welfare and to prevent and abat,
ub ' is ces. It is not intended by 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.
No division of land shall occur unless in compliance
with the provisions of this title.
This title is not intended to regulate the erection,
construction, or reconstruction of public streets,
power poles, street lights, utility lift stations,
transmission lines, or other public uses necessary
to support the general public welfare, carried on by
Exhibit 'A' Ordinance No. 4772
July 11, 1995
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the city, or agents of the city working under the
appropriate contract or franchise.
Chapter 18.50 LANDSCAPING AND SCREENING
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, and to maintain or replace existing
vegetation and to Prevent and abate Public nuisances.
Chapter 18.56 SIGNS
18.56.010 Purpose.
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.
Exhibit 'A' Ordinance No. 4772
July 11.1995
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The purpose of this chapter is implemented by controlling
the design, quality of materials, construction, location, use
and maintenance of all signs and sign structures.
to
zone. These uses typically require a special degree
control to make sure the uses are consistent with
compatible to other existing and permitted uses within
Chapter 18.64 ADMINISTRATIVE AND CONDITIONAL USE PERMITS
18.64.010 Intent.
It is the intent of this chapter to provide for a process
allow for uses that are not permitted outright within a
of
and
the
zone and to prevent and abate Public nuisances. Only those
uses listed as requiring either an administrative or
conditional use permit, within a particular zone, qualify for
this process. The planning director may determine that other
similar uses, which are not listed, may qualify for this
process. This process is not to replace the variance
procedure or to permit uses that are not allowed within the
zone.
18.64.040 Findings of fact.
Administrative and
approved if findings
following:
conditional use permits may only be
of fact are drawn to support the
Exhibit 'A' Ordinance No. 4772
July 11, 1995
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Ae
The use will have no more adverse effect on the
health, safety or comfort of persons living or
working in the area, and will be no more injurious,
economically or otherwise, to property or
improvements in the surrounding area, than would any
use generally permitted in the district. Among
matters to be considered are traffic flow and
control, access to and circulation within the
property, off-street parking and loading, refuse and
service areas, utilities, screening and buffering,
signs, yards and other open spaces, height, bulk,
and locatlon of structures, location of proposed
open space uses, hours and manner of operation, and
noise, lights, dust, odor, fumes and vibration;
The proposal is in accordance with the goals,
policies and objectives of the comprehensive plan;
The proposal complies with all requirements of this
title;
The proposal can be constructed and maintained so as
to be harmonious and appropriate in design,
character, and appearance with the existing or
intended character of the general vicinity;
E. The proposal will not adversely affect the public
infrastructure.
F. The. ProPosal will not cause or create a Dubl~c
nuisance.
18.64.050 Conditions of approval.
In order to mitigate any significant adverse impact or
support a finding of fact or prevent and abate Public
nuisances associated with the proposal, conditions may be
imposed which could increase requirements in the standards,
criteria, or regulations of this title or other city
legislation or adopted policies.
Exhib~'A' Ordinance N0.4772
Ju~ 11,1995
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