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Home My WebLink About6269ORDINANCE NO. 6 2 6 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 18.02.120, 18.04.752, 18.07.020, 18.09.020, 18.22.020, 18.22.030, 18.24.030, 18.26.020, 18.26.030, 18.28.020, 18.28.030, 18.29.055, 18.30.030, 18.32.020, 18.32.040, 18.33.030, 18.33.050, 18.34.040, 18.44.030, 18.50.050, 18.54.060, CHAPTER 18.64 OF THE AUBURN CITY CODE, AND SECTIONS 18.70.010, 18.70.020, 18.76.040, 18.78.020 OF THE AUBURN CITY CODE, AND CREATING NEW SECTIONS 18.04.025, 18.22.025, 18.24.025, 18.26.025, 18.28.025, 18.29.053; 18.30.025, 18.32.030, 18.34.030, 18.44.025, AND 18.76.045, ALL RELATING TO LAND USE PERMITS WHEREAS, Chapter 18.64 of the auburn City Code (ACC) sets forth the process under which the City grants administrative use and conditional use permits under ACC Title 18, Zoning; and WHEREAS, there are very few uses in the current version of ACC Title 18 for which the City issues administrative use permits, with almost all uses not permitted outright in Title 18 being reviewed under the conditional use permit process; and WHEREAS, under the current code, conditional use permits must be granted by the City's Hearing Examiner, while administrative use permits are granted by the Planning Director; and WHEREAS, the City Council finds that the City's land use decision making processes should be revised so that minor issues are determined in relatively quick administrative processes and major issues are thoroughly assessed and are subject to the full public scrutiny of the Hearing Examiner process; and Ordinance No. 6269 September 25, 2009 Page 1 of 41 WHEREAS, the Planning Commission, with the assistance of City staff, has been conducting a review of ACC Title 18, and has forwarded recommendations for changes to various chapters of that title to the City Council; and WHEREAS, as part of that review process, the Planning and Community Development Committee of the Auburn City Council had requested that the Planning Commission and City staff prepare amendments to Chapter 18.64 ACC for Council consideration; and WHEREAS, Planning, Building and Community Department staff met in duly advertised meetings with the City of Auburn Planning and Community Development Committee and the Planning Commission on August 4, 2009 and August 11, 2009 to discuss issues and ideas for possible amendments to ACC Chapter 18.64; and WHEREAS, the Planning Commission held a duly advertised public hearing on September 9, 2009 on the amendments to possible amendments to Chapter 18.64 and to those portions of Title 18 ACC relating to Chapter 18.64; and WHEREAS, pursuant to RCW 36.70A.106, the amendments set forth in this Ordinance were sent to the Growth Management Services Division of the Washington Department of Commerce on September 4, 2009 for a 14-day expedited review request; and WHEREAS, a Determination of Non-Significance has been issued for the amendments to Chapter 18.64 and to those portions of Title 18 relating to Chapter 18.64 set forth in this Ordinance on September 9, 2009 ; and WHEREAS, the City Council finds that the amendments to Chapter 18.64 and to those portions of Title 18 ACC relating to Chapter 18.64 set forth in this Ordinance Ordinance No. 6269 September 25, 2009 Page 2 of 41 provide for a decision making processes which relates the significance of the policy issue involved to the level of City review, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Section 18.02.120 of the Auburn City Code be and the same hereby is amended to read as follows: 18.02.120 Permitted land uses established. A. Categories of Uses Established. Chapters 18.07 through 18.44 ACC establish permitted, administra#ive, conditional, and prohibited uses, by zone, for all properties within the Auburn city limits. All principal uses in a given zone are one of tkFee-four types: 1. Permitted use (see ACC 18.04.696); 2, Administrative use (see ACC 18.04.025); 23. Conditional use (see ACC 18.04.260); 34. 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 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. Ordinance No. 6269 September 25, 2009 Page 3 of 41 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 in a specific zone, the planning director ar 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. 6245 § 2, 2009.) Section 2. Amendment to City Code. That Section 18.04.752 of the Auburn City Code be and the same hereby is amended to read as follows: 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. 6245 § 3, 2009.) Ordinance No. 6269 September 25, 2009 Page 4 of 41 Section 3. Amendment to Citv Code. That Section 18.07.020 of the Auburn City Code be and the same hereby is amended to read as follows: 18.07.020 Uses. Table 18.07.020 Permitted Use Table - Residential Zoning Designations P= Permitted A= Administrative C= Conditional Use X= Not Permitted Land Uses Zoning Designations R- C R- 1 R- 5 R- 7 R- 10 R- 16 R- 20 A. Residential Uses. Accessory dwelling units P P P P X' X' X' Accessory use, residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P Boardinghouses (with three or more boarders) X X X X C C C Duplexes, provided that minimum lot size of zoning designation is met and subject to compliance with Chapter 18.25 ACC (Infill Residential Standards) X X UA P P P X j Foster care homes GP GP CP GP GP GP SP Group residence facilities (7 or more residents) X X X X C C C Group residence facilities (6 or fewer residents) P P P P P P P Keeping household pets Pz P3 P3 P3 P3 P3 P3 ~ Multiple-family dwellings X X X X GA P P Neighborhood recreational buildings and facilities owned and I managed by the neighborhood homeowners' association G A` c A7 G A' E A' G A' P P Renting of rooms, for lodging purposes only, to accommodate not more than two persons in addition to the immediate family P P P P P P P Residential care facilities including but not limited to assisted ~ living facilities, convalescent homes, continuing care retirement facilities P P X X GA P P Single-family detached dwellings, new P P P P P P X Supportive housing, subject to the provisions of ACC 18.31.160 X X X X X 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. Ordinance No. 6269 September 25, 2009 Page 5 of 41 Commercial horse riding and bridle trails SA X X X X X X Commercial retail, inciuded as part of mixed-use development and not a home occupation in compliance with Chapter 18.60 X X X X CA GA GA ACC Daycare, limited to a mini daycare center. Daycare center, preschool or nursery school may also be permitted but must be X GA CA GA CA CA GA located on an arterial Home-based daycare as regulated by RCW 35.63.185 and p P P P P P P through receipt of approved city business license Home occupations subject to compliance with Chapter 18.60 ACC P P P P P P P Mixed-use development4 X X X X GP P P Nursing homes X X X X C C C Private country clubs and golf courses, excluding driving ranges X X C C xC X X , Privately owned and operated parks and playgrounds and not X CA GA CA GA P P ~ homeowners' association-owned recreational area - ~ - - Professional offices, included as part of mixed-use ~ development and not a home occupation in compliance with X X X X GA CA GA Chapter 18.60 ACC C. Resource Uses. Agriculturai 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 ~ Green hots-sesCommercial qreenhouses P X X X X X X Keeping of livestock (excluding goats and swine), fowl and rabbits; provided, that there shall not be more than one horse, cow, donkey or other large animal, or four smali animals such as sheep, or 12 poultry, rabbits, or similar size animals per P P X X X X X each acre of enclosed usable pasture or roaming area. This acreage requirement is in addition to the minimum lot size requirements of the zones Pasturing and grazing P X X X X X X Public and private stables 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 P X X X X X X area and must meet the applicable setback requirements Fish hatcheries C X X X X X X D. Government, Institutional, and Utility Uses. ~ Civic, social and fraternal clubs X X X X GA SA CA ~ Government facilities XA GA CA CA CA CA CA ~ Hospitals (except animal hospitals) X X X X X xC C ~ Municipal parks and playgrounds CA P P P P P P Ordinance No. 6269 September 25, 2009 Page 6 of 41 Museums X X X X GA SA SA Reliqious 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 Communication Facility (see ACC 18.04.912(J)) p p P P P P P Utility facilities and substations C6 C6 C6 C6 Cs C6 C6 1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC 18.31.120. 2. No more than six pets allowed in the RC zone. This limit shall not include birds, fish or suckling young of pets. 3. No more than four pets allowed in the R1 - R20 zones. This limit shall not include birds, fish or suckling young of pets. 4. 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, but-ra+xed -use is p°~^nit}°^'; the individual use must apply for and receive a-the administrative or conditional use approval, as applicable. 5. 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 King County board of health code. 6. Excludes all public and private utility facilities addressed under ACC 18.02.040(E). 7 Administrative use permit not required when approved as part of a subdivisinn or binding site plan. (Ord. 6245 § 5, 2009.) Section 4. Amendment to Citv Code. That Section 18.09.020 of the Auburn City Code be and the same hereby is amended to read as follows: 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 community accessory use P 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 UA Ordinance No. 6269 September 25, 2009 Page 7 of 41 I I preschool/nursery school 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. X = Prohibited Also see ACC 18.02.120 for further rules on interpretation. (Ord. 6245 § 6, 2009.) Section 5. Amendment to Citv Code. That section 18.22.020 of the Auburn City Code be and the same hereby is amended to read as follows: 18.22.020 Permitted uses. Hereafter all buildings, structures or parcels of land shall only be used for the following, unless otherwise provided for in this title: A. Permitted uses in RO designation: 1. Art and photography studios, including accessory sales; 2. Banks and similar financial institutions, excluding drive-in facilities; 3. Computer sales, including service that is incidental and subordinate to the sales; 4. Duplexes, 3,600 square feet of lot area per dwelling unit is required; 5. Home-based daycare; 6. Multiple-family dwellings; provided, that 2,400 square feet of lot area is provided for each dwelling unit; 7. Professional offices; 8. Nonresidential multitenant buildings which were constructed prior to June 15, 1987, the adoption date of Zoning Ordinance No. 4229, and were zoned C-1, to occupy any tenant space within the building with a use that is permitted outright within Chapter 18.26 ACC; 9. One detached single-family dwelling not to exceed one single-family dwelling per lot; 10. Accessory uses to permitted residential uses to include residential garage, guest cottage, recreation room, tool shed, noncommercial greenhouse and swimming pool; 11. Keeping of not more than four household pets. This limit shall not include birds, fish or suckling young of petsi.- 12. Personal service shops. B. Permitted uses in RO-H designation: 1. Daycare limited to home-based or a mini daycare center; 2. Funeral homes; 3. Hospitals (excluding animal); 4. Medical and dental clinics; 5. Nursing homes; 6. Personal service shops; 7. Pharmacies; 8. Professional offices; 9. Religious institutions; Ordinance No. 6269 September 25, 2009 Page 8 of 41 10. Noncommercial municipal automobile parking facilitiesi 11. Other retail sa{es af products that support the medical cammunitv. (Ord. 5733 § 1, 2003; Ord. 4562 § 2(Exh. A), 1992; Ord. 4304 § 1(12), 1988; Ord. 4284 § 1, 1988; Ord. 4229 § 2, 1987.) Section 6. Amendment to Citv Code. That section 18.22.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.22.030 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. • . bViG, ; . , dayGare , +aurseF}-seheeGs; orr~mant f.~±nili}inc• /''ov~~ Pli ~r inn l~nmoc• 4. v~ . ; 6-Religious institutions one acre or larqer lot size. ; 7. fTGV~~w~w~+.n~~av Ract~+~ ~r'+n~c, i.vovnhur~inn 'Jrivo_in f~rili~ioc l .v.. 1. Il irt~~+i~~[lCt1°c>ra, . . . (imit~-+iJ }n rl~~rn~ra ncr~4nr, P GT ~ r....n . n'r . . GovernmeRt , . Multifamily t pFevided 1 iearuh f . Restaurants, t ~:-(Ord. . +Ga#-ssmrnunity 4562 § 2(Exh. A), 1992; Ord. 4229 § 2, 1987.) Section 7. Amendment to City Code. That Section 18.24.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.24.030 Uses requiring a conditional use permit. The following uses may be permitted in a C-N district where a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. . , SGh6&ls; G. Drive-in faGili+icc inrlwrlinry h-,nks arnrl raaru~++•,~~:irraT is-~, ID._Gvoezrnrnant fanili4ic~c'~~.~.~..~,. ~ . , ~~~,o-and lT.__miinr! fn nn p r~romicoe nnnc~ ~mntirtn• ......,........r..._.. F--Religious institutions, one acre or larger lot size; More +~h,an25 veats. (Ord. 4229 § 2, 1987.) Ordinance No. 6269 September 25, 2009 Page 9 of 41 Section 8. Amendment to Citv Code. That section 18.26.020 of the Auburn City Code be and the same hereby is amended to read as follows: 18.26.020 Permitted uses. Hereafter all buildings, structures or parcels of land shall only be used for the following, unless otherwise provided for in this title: A. Art, music and photography studios; B. Automobile parking facilities; C. Bakery and pastry shops, products made must be sold at retail on premises; D. Banking and related financial institutions, excluding drive-in facilities; E. Bowling alleys; F. Caretaker apartment; G. Civic, social and fraternal clubs; H. Daycare, including home-based, mini daycare, daycare center, preschools or nursery schools; 1. Delicatessens; J. Dry cleaning and laundry services; K. Funeral homes; L. Grocery stores; M. Hobby shops; N. Hospitals, to include small animal, but does not allow outside runs or kennels; 0. Hotels; P. Laundry, self service; Q. Liquor store; R. Massage parlors; S. Meeting rooms and/or reception facilities; T. Motels; U. Newsstands; V. News syndicate services; W. Nursing home; X. Personal service shops; Y. Pharmacies; Z. Printing and publishing; AA. Professional offices; BB. Radio and television broadcasting studios; CC. Retail stores and shops, including department and variety stores which offer for sale the following, and similar related goods: 1. Antiques, 2. Art supplies, 3. Automobile parts and accessories, excluding service and machine shops, 4. Baked goods, 5. Beverages, 6. Bicycles, 7. Books and magazines, 8. Candy, nuts, and confectionery, Ordinance No. 6269 September 25, 2009 Page 10 of 41 9. Clothing, 10. Computers, 11. Dairy products, 12. Dry goods, 13. Flowers and house plants, 14. Fruits and vegetables, 15. Furniture and home furnishings, 16. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper and related goods, 17. Home garden supplies, 18. Household appliances, 19. Household pets, 20. Housewares, 21. Jewelry and clocks, 22. Meat, fish and poultry, preprocessed, 23. Notions, 24. Office supplies and equipment, 25. Photographic equipment, including finishing, 26. Radio, television, and stereos, 27. Shoes, 28. Sporting goods, 29. Stationery, 30. Toys; DD. Religious institutions; EE. Restaurant, including outdoor seating, but excluding drive-in facilities. Sale of alcoholic beverages is a secondary use and is limited to on-premises consumption; FF. Schools, including art, business, barber, beauty, dancing, martial arts and music; GG. Secretarial services; HH. Theaters, except drive-in; II. 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 in this section; JJ. Apartments, within the North Auburn Business Area as established by Resolution 2283, provided they are located in a multistory building and at least 50 percent of the gross floor area of the ground floor must contain a permitted use or combination of uses, other than parking, as listed in this section. The remaining 50 percent (or portion thereofl of the ground floor may be apartments, conditionally permitted uses, lobby area, recreation, or other uses needed to maintain the building. There are no minimum lot area per dwelling unit density calculations to apply to determine the maximum number of dwelling units allowed; rather, density shall be limited by the application of other required development regulations to the proposal including, but not limited to, off-street parking, setbacks, and landscaping; KK. Mixed Use Development provided that each use is a permitted or conditional use within the zone; LL. Multiple family dwellings as part of a mixed use development provided that compliance to all of the following is demonstrated: Ordinance No. 6269 September 25, 2009 Page 11 of 41 1. Multiple family dwellings shall only occur concurrent with or subsequent to the development and construction of non-residential components of the mixed use development; andT 2. Applications for mixed use development inclusive of multiple family residential dwellings shall include transportation and traffic analyses appropriate to the type and scale of the proposed development based on the concurrent determination of the pPlanning Direster director and S4~+-ci~c"~- ^.enqineer. The P4anning-planninq DiFestsf--director and G+ty-ci~&Kj#ie~en inq_eer may require the analysis to address, including but not limited to, AM or PM traffic impacts; and/or area circulation planning for motorized and non-motorized modes of travel and connectivity; and/or Transportation Demand Management (TDM) strategies; -aPA_I 3. Applications for the mixed use development irlclusive of multi-family residential dwellings shall include written and plan information demonstrating compliance to applicable design standards for mixed use development contained in the City of Auburn Multi-Family and Mixed Use Design Standards; -an4_1 4. Applications for the mixed use development inclusive of multi-family residential dwellings shall comply, as applicable, with the neighborhood review meeting requirements of ACC 18.02.130 (Neighborhood Review Meeting)-i 5. Mixed use development comprised of a maximum of one building on a development site shall have the entire ground floor comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally, provided that uses normal and incidental to the building, including but not limited to, interior entrance areas, elevators and associated waiting areas, mechanical rooms, and garbage/recycling areas, may be allowed on the ground floor, except that non-street frontage vehicle garages located on the ground floor together with all other normal and incidental uses shall occupy a maximum of 50 percent of the ground floor spaceL.-and 6. Mixed use development that is geographically distributed on a development site amongst two or more buildings shall have a minimum of fifty (50) percent of the cumulative building ground floor square footage comprised of one or more commercial retail, entertainment or office uses that are permitted outright or conditionally1.- MM. Brew pubs; NN Household goads staraqe pravided the followinq requirements are met: 1~No more than two main entrances and/or exits to the building and access ta the individual storacle areas shall be from the inside of the building; 2 Landscapinq and architectural improvements required to ensure compatibility with present and patential C-1 uses in the vicinitv. -(Ord. 6253 § 1, Ord. 5666 § 1, 2002; Ord. 4547 § 4(Exh. B), 1992; Ord. 4229 § 2, 1987.) Section 9. Amendment to Citv Code. That Section 18.26.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.26.030 Uses requiring a conditional use permit. Ordinance No. 6269 September 25, 2009 Page 12 of 41 The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Afsades; B. , PFOVided , }he fnllnwinn rn`v~ iiromontc are rnat• ti-cfitiiG'~nr . , k3u1tdt1-f y + ~3~.~^v;° 3. I~r-aaJaven# tA C-cu-a;:-R-Z-9ne, a s;r'y,4',~_rvbSvr"Urrng fv°-nGe-8r laCldSG~a° c~ si~hc'1ll bP-K8qu+C£d; n ~nnn• r~v D cm-rc urr~ rr C. , twG . e ~ ~~Ct7~lS ttt • e F. , , Govemlxierit r~uhs• k1-Utility substations.= . , . arGacc +rt khn inrdivirlual ternnn arano he frnm 4hca irla of the huilrlinn; ' . (Ord. 6253 § 1, Ord. 5383 § 1, 2000; Ord. 4547 § 4(Exh. B), 1992; Ord. 4265 § 1, 1988; Ord. 4229 § 2, 1987.) Section 10. Amendment to Citv Code. That Section 18.28.020 of the Auburn City Code be and the same hereby is amended to read as follows: 18.28.020 Permitted uses. Hereafter, all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title: A. Apartments, provided they are located in a multistory building the ground floor of which must contain a permitted use as listed in subsections B through HH of this section. No density limitations shall apply; B. Art, music and photography studios; C. Automobile parking facilities; D. Bakery and pastry shops; products made must be sold at retail on premises; E. Banking and related financial institutions. For drive-in facilities see ACC 18.28.030(C); F. Caretaker apartment; Ordinance No. 6269 September 25, 2009 Page 13 of 41 G. Civic, social, and fraternal clubs; H. Daycare, including home-based, mini daycare, daycare center, preschools or nursery schools; 1. Delicatessens; J. Dry cleaning and laundry services; K. Grocery stores; L. Health and physical fitness clubs; M. Hobby shops; N. Hospitals, to include small animal, but does not allow outside runs or kennels; 0. Hotels; P. Laundry, self service; Q. Liquor store; R. Massage therapy; S. Meeting rooms and/or reception facilities; T. Motels; U. Newsstands; V. News syndicate services; W. Nursing homes; X. Personal service shops; Y. Pharmacies; Z. Printing and publishing; AA. Professional offices; BB. Radio and television broadcasting studios; CC. Retail stores and shops, including department offer for sale the following and similar related goods: 1. Antiques; 2. Art supplies; and variety stores which 3. Automobile parts and accessories, excludes service and machine shops; 4. Baked goods; 5. Beverages; 6. Bicycles; 7. Books and magazines; 8. Candy, nuts, and confectionery; 9. Clothing; 10. Computers; 11. Dairy products; 12. Dry goods; 13. Flowers and houseplants; 14. Fruits and vegetables; 15. Furniture and home furnishings; 16. Hardware, including electrical, wallpaper and related goods; 17. Home garden supplies; 18. Household appliances; 19. Household pets; 20. Housewares; 21. Jewelry and clocks; heating, plumbing, glass, paint, 22. Meat, fish and poultry, preprocessed; Ordinance No. 6269 September 25, 2009 Page 14 of 41 23. Notions; 24. Office supplies and equipment; 25. Photographic equipment, including finishing; 26. Radio, television, and stereos; 27. Shoes; 28. Sporting goods; 29. Stationery; 30. Toys; DD. Religious institutions; EE. Restaurants, including outdoor seating. For drive-in facilities, see ACC 18.28.030(C). Sale of alcoholic beverages is only allowed pursuant to ACC 18.04.805; FF. Schools, including art, business, barber, beauty, dancing, martial arts and music; GG. Secretarial services; HH. Theaters, except drive-in; II. 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 in this section; JJ. Commuter rail stations and bus transfer stations; KK. Commercial recreation. Outdoor recreation areas may be allowed but must be part of and incidental to the principally permitted commercial recreation use. The outdoor area can be no larger than 25 percent of the floor area of the building of the associated commercial recreation use. The entire perimeter of the outdoor recreation area must be landscaped with a five-foot width of Type III landscaping pursuant to ACC 18.50.040(C) unless existing building walls are usedi LL. Brew pubs; MM Apartments no density limitations are applied. The first f#oor of anv apartment buildinq that has frontaqe on Main Street shall cantain a use, other than residential or parkinq which is otherwise permitted bv the C-2 zone. Only that qortian of the first floor that fronts on Main Street needs to be occupied by the nonresidential use. All apartment praiects on Main Street must meet these requirements and then will be considered a permitted use and thersfore a conditional use permit is not required. (Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord. 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.) Section 11. Amendment to Citv Code. That Section 18.28.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.28.030 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. , . 'rst-fleer-e#-any otheF , Ordinance No. 6269 September 25, 2009 Page 15 of 41 rnnrlitinnal ucn r+nrmit i nnt rarvuirnrl• B. ~~1;-ItaCa~ , . , . r . GoveFnrnent , p0 c.TrTrT+icGQ~~utrightj E Rrew puhs~ . ~ ~Utility substations,; G. . volume, , , , , a street--ar-alley~; H. , 18.28.050(F), aFe . 2.-i-{:e- ili+y musi -o~lGGcried onr i'h@-pr8p'erty t8 111i'r,i{mFz$-thn am window, {h „6, T-rr~ nnn n3 ~~+rn fe~_Tha r» 3mho rraxr-r-r~rc,i- r nf rsi im pr.r~~-r~~nc ch~all ha limihnrl ti+ 'cu fiirn a irh +h-~4 r~n -vr-rtr-rsc~n. rsxcc~crcn-rcrrc~r-r~v hainht nf thcz f~+rilit+~ ch~?11 nni cvroarl 7(1 fco4 rrc~y~.. u....._-__. , The , n Ordinance No. 6269 September 25, 2009 Page 16 of 41 frnnf'+no/..) 1 thn} }hn f~nili4~i ic nrinrti~c~rl # . , attaGhed to the faGe Gf the Ganapy, only, rnmplinS _a.cfh thncn s±Mndw;-dM. (Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord. 5383 § 1, 2000; Ord. 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.) Section 12. Amendment to Citv Code. That Section 18.29.055 of the Auburn City Code be and the same hereby is amended to read as follows: 18.29.055 Uses/activities requiring a conditional use permit. The following uses/activities may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. . B. €x'''•,n inn~cxistIFFg--ga$s!"Re +^~iru+~crvnS- L°rcc'r-'rR-°c1r°r: E=Any development project that seeks to deviate from any development standard listed in ACC 18.29.060. (Ord. 6071 § 6(Exh. A), 2007.) Section 13. Amendment to Citv Code. That Section 18.30.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.30.030 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. ApaFtrnents; provided, that , dwela~i ng-uR~-, B. Government , narmi4tar1 n~ itri.~h}• PG ~ C. , , FRU6iGal , , r t t nn thn promi-oc+, + . E-Semi-tractor and trailer sales; F-B. Utility substations; 6C. Heliports; Ordinance No. 6269 September 25, 2009 Page 17 of 41 9D. Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under ACC 18.48.090. (Ord. 5835 § 4, 2004; Ord. 4910 § 1, 1996; Ord. 4590 § 5(Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2, 1987.) Section 14. Amendment to Citv Code. That Section 18.32.020 of the Auburn City Code be and the same hereby is amended to read as follows: 18.32.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an M-1 light industrial district shall only be used for the following, unless otherwise provided for in this title: A. Automobile service and repair; B. Automobile washes; C. Banks and financial institutions; D. Building and construction contractor services; E. Caretaker quarters, not more than one per establishment; F. Cold storage plants; G. Daycare, including mini daycare centers, daycare centers, preschools or nursery schools; H. Equipment rental and leasing; 1. Gasoline filling station; J. General offices; K. Health and physical fitness clubs; L. Horticultural nurseries, excluding soil mixing; M. Household movers and storage; N. Janitorial services; 0. Job training and vocational rehabilitation; P. Manufacturing, assembling and packaging of articles, products and merchandise when conducted entirely within an enclosed building; Q. Mini-storage warehouses; R. Motels and hotels; S. Multiple-family dwellings, provided they are located in a multi-story building the ground floor of which must contain one of the following uses listed in subsections (C), (J), (K), (T), (W), (X), (Z) and (AA) of this section. The ground floor may contain entrance and lobby areas which serve the dwellings; T. Personal service shops; U. Printing, publishing, and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, and film processing; V. Research, development and testing; W. Restaurants, X. Retail sales of all types; Y. Retail sales and rental of automobiles, trucks, motorcycles, recreational vehicles and boats; Z. Reupholstery and furniture repair; AA. Small appliance repair; Ordinance No. 6269 September 25, 2009 Page 18 of 41 BB. Warehousing and distribution facilities, to include wholesale trade not open to the general public. This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property; CC. Other similar uses and accessory uses and buildings appurtenant to a principal use which the planning director or designee finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M-1 zone; DD. Sexually oriented businesses as provided in Chapter 18.74 ACC, EE. Commercial recreation, includinq animal race tracks. (Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 1, 2004; Ord. 5835 § 5, 2004; Ord. 4910 § 1, 1996; Ord. 4294 § 1(15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.) Section 15. Amendment to Citv Code. That Section 18.32.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.32.040 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A_. AUGtion , eXGluding ; . Gernmel`Gial , ; ('_ntrnrnmdnF fanilitioc• B-Heliports; €B. Radio and television transmitting towers; FG'. Ralinini i insfiti ~#inns tn ha Innn}o`.I in avic#ie~rf fnr~ili4inc nnlv~ . ~ ~ G-Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright; HD. Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under ACC 18.48.090; IE. Secure community transition facilities meeting the standards established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 3, 2004; Ord. 5835 § 6, 2004; Ord. 5690 § 1, 2002; Ord. 4910 § 1, 1996; Ord. 4590 § 6(Exh. E), 1992; Ord. 4304 § 1(17), 1988; Ord. 4229 § 2, 1987.) Section 16. Amendment to Citv Code. That Section 18.33.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.33.030 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Radio and television transmitting towers; B. Reli&us , ; G-Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright. (Ord. 6036 § 10, 2006.) Ordinance No. 6269 September 25, 2009 Page 19 of 41 Section 17. Amendment to Citv Code. That Section 18.33.050 of the Auburn City Code be and the same hereby is amended to read as follows: 18.33.050 Supplemental development standards. Supplemental development standards in an environmental park district are as follows: A. All activities shall be conducted entirely within a building except as follows: 1. Horticulture activities. 2. Outdoor storage associated with light manufacturing uses pursuant to ACC 18.33.020(K). 3. Refuse containers, provided they are screened from adjoining property and public or private right-of-way with a masonry fence and a five-foot width Type III landscaping. 4. Uses listed as requiring an administrative or conditional use permit which require some outdoor activity or display. B. All odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building. C. Loading and unloading docks shall not be visible from the street. D. 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. E. 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 are prohibited. (Ord. 6036 § 10, 2006.) Section 18. Amendment to Citv Code. That Section 18.34.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.34.040 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Animal and food processing including the following: 1. Animal slaughtering; 2. Curing, canning, freezing, and processing of ineat and seafood; 3. Pickling and brine curing; 4. Rendering of animal or fish grease or tallow; 5. Tanning and dressing of hides; B. Asphalt batch plants; Ordinance No. 6269 September 25, 2009 Page 20 of 41 C. Auction houses, including animals; D. Automobile wrecking and salvage; E. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum, gas and similar products, unless clearly incidental and secondary to support a principally permitted use; F. Bulk storage of explosives and fireworks; . G. CorAFneFGRai ; . , ; IG. Concrete mixing and batching plants, including ready-mix concrete facilities; P.-vnvG :n }hoMtarc• K. Government e LH. Heavy metal processing, including blast furnaces, drop forges, and similar heavy metal operations; AAI. Heliports; NJ. Manufacture of: 1. Ammunition and explosives; 2. Paving and roofing materials or other products from petroleum derivatives; 9:-~Matels; QK. Radio and television transmitting towers; RL. Rock crushing plants; Q. Refining of materials such as petroleum, metals and ores, fats and oils; TN. Salvage yards for the storage of inetals, paper, glass, rags, building materials, and similar activities; UC3. Solid waste processing facility; WP. Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright; . . , 50,000 Y-C2.Off-site hazardous waste treatment and storage facilities subject to compliance with the state siting criteria (Chapter 70.105 RCW); ZR. Secure community transition facilities meeting the standards established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 6033 § 2, 2006; Ord. 5835 § 8, 2004; Ord. 5690 § 2, 2002; Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4294 § 4, 1988; Ord. 4262 § 2, 1988; Ord. 4229 § 2, 1987.) Section 19. Amendment to City Code. That Section 18.44.030 of the Auburn City Code be and the same hereby is amended to read as follows: 18.44.030 Uses requiring a cflnditional use permit. The following uses, when owned and operated in conjunction with an nutriqht permitted use as listed in ACC 18.44.020, may be permitted in an I district when Ordinance No. 6269 September 25, 2009 Page 21 of 41 a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Gatecierv . . a-Airport landing area;; 2B. Assembly/light manufacturingi; 3C. Establishments serving alcoholic beveragesia 4D. Manufactured home parks;; 5E. Multiple-family dwellingsi; 6F. Retail sales and service=; ~G. Duplexes. (Ord. 4528 § 4(Exh. B), 1991; Ord. 4229 § 2, 1987.) Section 20. Amendment to Citv Code. That Section 18.50.050 of the Auburn City Code be and the same hereby is amended to read as follows: 18.50.050 Regulations by zone. A. R-RR-C, R-SR=1, ' u"~~~e ,-T;-R=5, ' u",R=7, 6N~,'~R=3, and L#R3-R- 10 Residential BistFistsZones. Landscaping shall only be required in conjunction with an administrative or conditional use permit. The type and amount of landscapinq ~e--shall be determined at that time the GIJP administrative or conditional use permit is approved. B. R-16 and °^aRd ' u°^ Di6}r;^+°R-20 Residential Zanes. 1. Street frontage: five-foot width of Type III; 2. Ad}asentt teAbuttin R-RC, R-S1 LHRS,-R4S, ' ~~~~-rrT.; R-Tor LHR2-R- 7 zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II; 3. AdjaGeerlt eAbuttinq R-3-10 ar ,-Lu4~3-zone: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. C. RO and RO-H Districts. 1. Street frontage: 10-foot width of Type III; 2. Adj,aGen#-#eAbuttin R-RC, R-91 R-45, R-27, or R-3-10 zone: 10-foot width of Type III, adjacent parking or driveways will require a 10-foot width of Type II; 3. A;~jaGent-teAbut#in R-16, R-420, R-AJIHPMHC: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III; 4. For conversions of single-family residences to commercial uses within the RO district, existing healthy landscaping may be retained and utilized or supplemented to meet the intent of the code requirements as determined by the planning, building, and community director or designee. See ACC 18.50.060 for plan requirements. D. I, L*4-C-1, LHGI--G2, C-N, P4; and -L#P1 Districts. 1. Street frontage: five-foot width of Type III, no street frontage landscaping is required for the C-2 zone except for parking lots and as may be required by ACC 18.28.050(F); 2. Adjasent-teAbuttin R-RC, R-Sl,LHRS;-R-4-S, LNR!-R-27, LH:?2, R- 3; or Uk#R-103 zone: five-foot width of Type II, adjacent parking or driveways will require a five-foot width of Type I; Ordinance No. 6269 September 25, 2009 Page 22 of 41 3. A~~GeRt teAbuttinq R-16, R-420, L#R4; RO, RO-H, R Mb-P,-or L-kIR- n",~MHC zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II. E. C-3, LF Districts. 1. Street frontage: five-foot width of Type III; 2. ~~Gent-taAbuttin R-RC, R-S1, R-4-5, R-27, or R-3-10 zone: 10-foot width of Type II, adjacent parking or driveways will require a 10-foot width of Type I; 3. Acqaeent-teAbuttinq R-416, R-20, RO, RO-H or R-M#P MHC zone: 10- foot width of Type III, adjacent parking or driveways will require a 10-foot width of Type II; 4. Outdoor storage yards ~djaGe-l' teabuttinq any C, P, I or M-1 zone. F. M-1 District. 1. Street frontage: 10-foot width of Type III, an additional 10-foot width will be required when loading and unloading docks face a street. In lieu of the additional 10-foot width of Type III landscaping, a Type II landscaping may be provided; 2. Ad}aGeRt eAbuttin any R zone: 10-foot width of Type I; 3. Adjasent teAbuttinq I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 10-foot width of Type I; 4. A4asent-taeAbuttinq C-3, LF zone: 10-foot width of Type III, adjacent outdoor storage yards will require a 10-foot width of Type I; 5. For those buildings that have frontage on a street a minimum of a 10- foot width of Type III landscaping shall be placed next to the building; 6. Outdoor storage yards ad}asen#-teabuttinq other M-1 zoned property shall have a minimum width of a five-foot Type I landscaping; 7. Ad}aaserat-teAbuttinq the Interurban Trail. Outdoor storage yards ad;a^°abuttinq the Interurban Trail (regardless of the zoning of the Interurban Trail) shall have a minimum 10-foot width of Type I landscaping. G. M-2 District. 1. Street frontage: 10-foot width of Type III; 2. A(~IjaGeRt teAbuttinq any R zone: 30-foot width of Type I; ,~~~~nt4oAbuttin I, C-1, G2, P-1, or C-N zone: 10-foot width of Type 3. II, adjacent outdoor storage yards will require a 10-foot width of Type I; 4. Ad}aGeRt teAbuttin C-3 or LF zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 10-foot width of Type I; 5. For those buildings that have frontage on a street a minimum of a 10- foot width of Type II landscaping shall be placed next to the building. H. BP District. The amount and type of landscaping shall be determined at the time of the approval of the business park. The landscaping requirements shall, however, be guided by the M-1 requirements and a minimum of 15 percent of the business park shall be landscaped. 1. EP District. 1. Except as provided for in subsection (I)(2) of this section, all required yards shall be landscaped with Type III landscaping. 2. The planning director may reduce the width of required landscaping by up to 50 percent for projects employing drip irrigation or similar water conservation measures, use of native plant materials, or xeriscaping. 3. In no case shall less than 15 percent of the lot be landscaped. Ordinance No. 6269 September 25, 2009 Page 23 of 41 4. Outdoor storage areas shall be screened with a minimum width of five- foot Type I landscaping. (Ord. 6231 § 4, 2009; Ord. 6036 § 3, 2006; Ord. 5863 § 5, 2004; Ord. 5342 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) -(39), 1988; Ord. 4229 § 2, 1987.) Section 21. Amendment to Citv Code. That Section 18.54.060 of the Auburn City Code be and the same hereby is amended to read as follows: 18.54.060 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures. A. Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include but is not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. B. No structural alterations, as defined by the Uniform Building Code, shall be made except as required by law or ordinance; provided, that the cost of such work shall not exceed 50 percent of the assessed valuation of such structure as established by the most current county assessor's tax roll. C. A nonconforming structure having been damaged or partially destroyed to an extent not exceeding 50 percent of the assessed valuation of such structure as established by the most current county assessor's tax roll, may be restored to its original condition, as authorized by the city's building official, and its immediately preceding or existing use at the time of partial destruction may be continued or resumed. Restoration shall begin within one year and be completed within two years of the date of partial destruction. If restoration is not started within one year, then the reuse and occupancy of the structure shall conform to all the regulations of the district in which the use is located. D. Structures or lands which are nonconforming as to use regulations shall not be enlarged or intensified in any manner unless the enlargement within such structures or lands conforms to all regulations of the district in which it is located. A nonconforming use, within a nonconforming structure, shall not expand into any portion of the nonconforming structure. E. Structures which are nonconforming as to percentage of site coverage, setbacks, building height or density shall not be enlarged unless such enlargement conforms to the regulations of the district in which it is located. F. Nonconforming residential structures are allowed to provide maintenance, alterations and additions which may exceed the requirements of this chapter; provided the total number of dwelling units does not increase and all other development standards of the district are complied with. G. This chapter shall not prevent the following provided the total value of the improvements, over the lifetime of the nonconforming use, does not exceed 50 percent of the assessed value of the nonconforming use as established by the most current county assessor's tax roll; and, the nonconforming use or structure is not expanded except as allowed by subsection H of this section; provided further, that any replacement of a nonconforming structure, or parts thereof, must Ordinance No. 6269 September 25, 2009 Page 24 of 41 comply with the appropriate development standards unless a special exception is granted pursuant to ACC 18.70.020. 1. Strengthening or restoring to a safe condition any nonconforming structure or part thereof which is declared to be unsafe or a hazard to the public by the order of a city official charged with protecting the public safety; 2. Lessening a hazardous situation, nuisance or other adverse environmental impact; 3. Bringing the structure or use into more conformance with this title; 4. Adapting the structure to new technologies or equipment; 5. Improvements which do not increase the intensity of the nonconforming use. H. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted by means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020 to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of the ordinance codified in this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized administrative use permit, conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage. 1. When a building or structure is moved to another location it must then be made to conform to the requirements of the district to which it is moved, unless specifically allowed elsewhere by this title. J. Nonconforming single-family residential homes and their accessory structures may be replaced and the new structure shall either meet the development standards of the district in which the home is located or the new structure shall not be more nonconforming than the previous use. All other applicable building and fire code requirements must be complied with. (Ord. 5170 § 1, 1998; Ord. 4705 § 2, 1994; Ord. 4304 § 1(43), 1988; Ord. 4229 § 2, 1987.) Section 22. Amendment to City Code. That Chapter 18.64 of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 18.64 ADMINISTRATIVE AND CONDITIONAL USE PERMITS Sections 18.64.010 Intent. 18.64.020 Process. 18.64.030 Application. 18.64.035 Site Plan. 18.64.040 Findings of fact. 18.64.050 Conditions and period of approval. 1$.64.055 Appeals. Ordinance No. 6269 September 25, 2009 Page 25 of 41 18.64.060 Time limitations. 18.64.070 Revocation of permit. 18.64.010 Intent. A. It is the intent of this chapter to provide #er-a process to allow for uses that are not permitted outright within a zone. These Such uses typically require a special degree of control to make sure that t"e-a~;esthey are consistent with the intent of the zone and compatible #$-with other existing and permitted uses within the zone ._Only those uses listed as requiring either an administrative or conditional use permit; within a particular zone; qualify for this process. The planning director or desiqnee may determine that other similar uses; which are not listed-; may also qualify for this process. This process shall is-not te-replace the variance procedure in Chapter 18.70 ACC or be used to permit uses that are prohibited Mef--alleuue(d-within the zone. (Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) B. Uses sublect to administrative use approval are those which tvpically have some potential for impacts ta neighboring properties but which may be permitted within a zane following review bv the City ta establish canditions mitiqatinq impacts of the use and to assure campatibilitv with other uses in the zone. C Uses subject to candi#ional use approval are those uses that tvpically have a qreater intensity andlor potential far impacts to surroundinq properties and/ar special characteristics that may not qenerally be appropriate as a use permitted outriqht _within a zone but mav be permitted subject to review bu the hearing examiner to establish conditians to pratect public health, safety and welfare. and to assure compatibilitv with other uses in the zone. 18.64.020 Process. BA. Administrative Use Permits. An application for an administrative use permit shall be reviewed in accordance with ACC Title 14 as a Type II decision, subiect to the additional provisions of this section. ' a-The planning director or desiqnee shall make the final decision unless the applicatian is farwarded to the hearing examiner pursuant to ACC 18 64 020(A)(2) in which case the hearinq examiner will make the final decision. Ordinance No. 6269 September 25, 2009 Page 26 of 41 04+a11 Within 15 1ninrkinn rlny npprnvo nr rlonyi tha normi4 e 31. Rdditional public natice requirements. Administrative use permits for uses in the followinq zones shall be subject to the additional public notice requirements in paragraphs a and b of this subsection: R-C Residential Conservancy Zone, C-N Neiqhborhood Shopping District C-1 Liqht Commercial District, C-2 Neighborhood Business District; C-3 Heavy Commercial District, M-1 Liqht Manufacturinq District, M-2 Heavy Manufacturing District, BP Business Park District: a. 14.07.040 ZcieciThe mailinq radius requirement of ACC 14.07.040(a) shall be increased to 500 feet: and b. In addition #o the methods of providinq notice required by ACC 14.07.040, public notice shall be posted on the City's website. 2. Follawinq the public comment period qrovided for in Title 14, the planninq director or designee shall: a. Review the information in the record and render a decision pursuant to the_procedural requirements of ACC Title 14; or b. Within 10 days following the close of the public comment period, forward the application to the hearing examiner for a.public hearing and final decision in accordance with Chapter 18.66 ACC if the planning direc#or or desicanee determines that orre or more of the fallawinq exists: a. Public comments indicate a substantial degree of cancern, controversy, or opposition to the proposal; or b. A public hearing is necessary to address issues of vaque, conflictinq or inadequafie information; or c. The application raises a sensitive or controversial public policv issue; or d. A public hearing miqht clarify issues involved in the permit decision. c. When a qublic hearing before the hearing examiner is deemed necessarv by the planninq director or desic n~ ee: i. The citY shall provide written notice to the applicant within 10 days following the closinq af the public comment periad that the application is beinq farwarded to the hearing examiner for public hearing and decisian pursuant to the procedural requirements of this chapter. The notice shall specify the reason the aqplication is being forwarded to the hearing examiner; ii. Processinq of the applicatian shall not proceed until any supplemental permit review fees se# forth in the City of Auburn fee schedule are received; and iii. The applica#ion shall be deemed withdrawn if the supplemental fees _a_re not received within 30 days of the applicant notification bY the city.- B. Conditinnal Use Permits. An application for a conditional use permit shall be reviewed in accordance with ACC Title 14 as a T e III decisian. A re uest fior a conditional use permit shall be heard bv the hearing exarniner in accordance with the provisians of Chapter 18.66 ACC. The hearing examiner shall make the final decision. nir4g Ordinance No. 6269 September 25, 2009 Page 27 of 41 , . T -e Gity shall exteRd the appeal peFiGd feF an additional seven days feF administFative use permits tha are aGGOFnpanied by a final rnitigated deteFrninatioR of RensignifiGanGe E)F final &S: ~-4-~12o_ C. When a ro osal includes more than one element that re uire administrative use andlar conditional use approval the followinq review processes shall apply: 1. For ro osals with multi le administrative use elements, a sin {e adrninistratiue use permit application uvill be required provided that findinqs of fact pursuan# ta ACC 18.64.040 are made for each element. 2. F"or ro osals with administrative and conditional use elements a single conditional use permit application will be required provided thafi findings of fact pursuant to ACC 18.64.040 are rnade for each eierr►ent. (Ord. 6185 § 5, 2008; Ord. 5811 § 6, 2003; Ord. 4875 § 1, 1996; Ord. 4840 § 1, 1996; Ord. 4304 § 1(45), 1988; Ord. 4229 § 2, 1987.) 18.64.030 Application. A. In addition to the requirements for a complete application as set forth in ACC Title 14, an application for an administrative or conditional use permit wh+sh--shall include a-site-p1an--t#at m'lQ~~~ ~~+.,,rates-the following: 1 A completed perrnit application form signed bv the propertv awner(s) and/or applicant; 2 A statement that the applicant attests by written oath to the accuracy and completeness of all information submit#ed for an application; 3 A site plan meetinq the requirements of the applicable submittal checklist which at a minimum includes the information in ACC 18.64.035; 4 Applicable filing fee(s) if any, as established in the current city of Auburn fee schedule and relevant deposit(s) ifi any, as permitted ar required bv other chapters or sections of the Auburn Citv Code; 5 Any additional information as recuired bv the applicable submittal checklist or other chapters of this title for the proposed use. a-. V+siRi~~aja; . IS4arne, addFess, ; Ordinance No. 6269 September 25, 2009 Page 28 of 41 18.64.035 Site Plan. A. The site plan required bv ACC 18.64.030(A)(3) shall include the followinq information: 1. Vicinitv map; 2. Name, address, phone number of propertv owner; 3. Name address, phone number of enqineer or aqent; 4. Boundaries and dimensions of propertv; 5. Adiacent public streets; 6. Easements, existinq and proposed; 7. Location and size of all existinq and proposed utilities; 8. Location of buildinq(s), includ_inq setbacks; 9. Location and lavout of off-street parkinq; 10. Location and heiqht of fences; 11. Location and size of siqns; 12. Landscape detail includinq but not limited to type and location of veqetation initial and mature plantinq sizes and methods of irriqation; 13. Buildinq/structure heights; 14. Exterior liqhtinq detail includinq but not limited tvpe and location of pole-mounted and wall-mounted liqhts, fixture tvpe and wattaqe, shieldinq and liqht orientation methods and on-site and off-site photometric impacts. B. The submitted site plan shall be adopted and made part of any approved administrative or conditional use permit. For the duration of anv administrative or conditional use permit subsequent buildinq permits and construction activity shall be in accord with the approved site plan. C. Adiustments to the site plan may be approved as follows: 1. Minor Adjustments. Minor adiustments to the site plan mav be made and approved bv the planninq director or desiqnee. Minor adiustments are those which mav affect the precise dimensions or sitinq of buildinqs, but which do not affect the basic character or arranqement of buildinqs approved, nor the development coveraqe of the development or the open space requirements. Such dimensional adiustments shall not varv more than 10 percent from the ori inal. 2. Maior Adiustments. Maior adiustments are those, when determined bv the planninq director or desiqnee that substantiallv change the basic desiqn, coveraqe open space or other requirements of the permit. When the planninq director or desiqnee determines a chanqe constitutes a maior adiustment, no buildinq or other permit shall be issued for the use without prior review and approval such adiustment. a. The submittal requirements and review and approval process for a maior adiustment to the site plan of an approved administrative or conditional use permit shall be substantiallv the same as that required for the oriqinal administrative or conditional use permit. An application for maior adiustment meetinq the information requirements of ACC 18.64.030 shall be submitted. At the discretion of the planninq director or desiqnee the applicant mav be able to resubmit or incorporate bv reference some portions of the oriqinal administrative or conditional use permit submittal as part of the application for maior adiustment however the application for maior adiustment shall be subiect to the Ordinance No. 6269 September 25, 2009 Page 29 of 41 same submittal processinq and findinqs of fact requirements of this chapter for administrative or conditional use permits, as applicable. 18.64.040 Findings of fact. Administrative and conditional use permits may only be approved if findings of fact are drawn to support the following: A. The use will not have Re-rneFea substantively qreater adverse effect on the health, safety or comfort of persons living or working in the area and will not be na-substantivelv 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 area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration; B. The proposal is in accordance with the goals, policies and objectives of the comprehensive plan; C. The proposal complies with all requirements of this title; D. 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 be supported by adequate public facilities and services and will not adversely affect the public infrastructure; F. The proposal will not cause or create a public nuisancei.- G The proposal's impacts can be apprapriately mitigated through the application of conditions of approval, as applicable. -(Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.64.050 Conditions and period of approval. A. 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. B Administrative or conditianal use permit approvals shall be valid for the specific use authorized on a property, subject to the revocation provisions of ACC 18,64.070. A change in use shall cause the administrative or conditional use permit to automatically expire. C Adrninistrative or conditional use permit approvals, or the portions thereof, that authorize hours of operation shall be valid far the specific use and hours of operation authorized on a proqertv subiect fio the revocation provisions of ACC 18.64.070. A chanqe in use or hours of operation outside that authorized bv the administrative or conditional use permit shall cause the permit to autamatically ex ire. (Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.64.055 Appeals. Ordinance No. 6269 September 25, 2009 Page 30 of 41 A Administrative use permits Any affected party mav appeal the planning director's final decision to the hearinq examiner as provided for in ACC 14.13 and ACC 18.70. If the planning director farwards an application to the hearinq examiner for a public hearinq and decisian pursuant to ACC 18.64.020(A)(2)(b), a request for reconsideration and/or appeal of the hearinq examiner's final decision mav be submitted as provided for in ACC 18.66. The planninq director's decision to forward an application to the hearinq examiner for public hearinq and decision mav not be appealed. B Conditional use permits Anv affected party mav submit a rectuest for reconsideration and/or appeal the hearinq examiner's final decision as provided for in ACC 18.66. 18.64.060 Time limitations. A_Unless specified elsewhere, an administrative or conditional use permit shall be implemented within two years of the approval. If a building permit or occupancy permit is required for the administrative or canditional use and has not been issued within the two-year period then the administrative or conditional use permit shall be null and void. B The planninq director or desiqnee may qrant one extension of the time period for implementation of the administrative or canditional use permit of up to 12 months followincl the submittal of a written request bv the holder af the permit a minimum of thirtv (30) calendar davs prior to the expiration date of the permit. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) 18.64.070 Revocation of permit. The bumiding i planning dir~ctor or desic~nee may revoke or suspend any permit granted under the chapter if any of the following conditions is found to exist: A. Fraud in obtaining the permit; B. Concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports; C. The operation is found to be in violation of the approved plans, conditions of approvals, or the terms of the permit and the owner has failed to correct the violation after proper notice thereof. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Section 23. Amendment to Citv Code. That Section 18.70.010 of the Auburn City Code be and the same hereby is amended to read as follows: 18.70.010 Variances. A. Subject to conditions, safeguards and procedures provided by this title, the hearing examiner may be empowered to hear and decide applications for variances from the terms of this title; provided the hearing examiner may approve a variance only if the request conforms to all of the following criteria. The examiner must enter findings of fact and conclusions of law which support the following criteria and any conditions: 1. That there are unique physical conditions including narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of Ordinance No. 6269 September 25, 2009 Page 31 of 41 such unique physical conditions, practical difficulties or unnecessary hardships arise in complying with provisions of this title. 2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of such lot. 3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. For nonconforming single-family homes, this finding is determined to be met if the features of the proposed variance are consistent with other comparable features within 500 feet of the proposal. 4. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners. 5. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. 6. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located. 7. The variance will not allow an increase in the number of dwelling units permitted by the zoning district. 8. The authorization of such variance will not adversely affect the comprehensive plan. 9. The variance shall not allow a land use which is not permitted under the zoning district in which the property is located. 10. The variance shall not change any regulations or conditions established by surface mining permits, administrative use permits, conditional use permits or contract rezones authorized by the city council. B. In authorization of a variance, the hearing examiner may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as he may deem necessary to carry out the spirit and purpose of this title and in the public interest. C. A variance so authorized shall become void after the expiration of one year, or longer period if specified at the time of issuance, if no building permit, occupancy permit or business registration has been issued in accordance with the plans for which such variance was authorized. The hearing examiner may extend the period of variance authorization for one additional year without public hearing upon a finding that there has been no basic change in pertinent conditions surrounding the property at the time of the original application. (Ord. 4840 § 1, 1996; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) Section 24. Amendment to Citv Code. That Section 18.70.020 of the Auburn City Code be and the same hereby is amended to read as follows: 18.70.020 Special exceptions. A.Only the following special exceptions may be granted by the hearing examiner after a public hearing is held pursuant to ACC 18.70.040: 1. Platted lots within the same block and same zone, but separated by a public alley, may be used as a single building site for the purpose of calculating Ordinance No. 6269 September 25, 2009 Page 32 of 41 the number of dwelling units permitted in a structure to be erected on one side of the alley, subject to the following requirements: a. Each portion of the property shall abut a minimum of 100 feet upon the alley. b. The two portions of the property shall be directly opposite for a distance representing at least 50 percent of the width of the portion of the property not to be occupied by the proposed building. c. The portion of the property not occupied by the building shall not be sold, segregated or used for building purposes so long as the building remains on the portion of property on the opposite side of the alley. 2. Whenever there is a change from a residential use to a nonresidential use in an existing building a special exception may be issued to exclude the floor area within the building, that cannot be effectively utilized by the proposed use, from the off-street parking requirements. 3. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted, by means of a special exception, to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized administrative use permit. conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage. 4. Pursuant to ACC 18.54.060(G), a special exception may be issued for the replacement of a nonconforming structure or part thereof which does not comply with the appropriate development standards. 5. Pursuant to ACC 18.54.070(B), a special exception may be issued for residential uses, in commercial or industrial zones, to reoccupy if unoccupied for longer than 180 days. B. In considering applications for special exceptions, the hearing examiner shall consider the nature and condition of all adjacent uses and structures, and no such special exception shall be authorized by the hearing examiner unless the hearing examiner finds that the authorizing of such special exception will not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located, and that the authorization of such special exception will be consistent with the spirit and purpose of this title. In authorizing a special exception, the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) Ordinance No. 6269 September 25, 2009 Page 33 of 41 Section 25. Amendment to Citv Code. That Section 18.76.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.76.040 Permitted uses. A. Residential. 1. Housing concepts of all types limited only by the density allowed in the official Lakeland plan map. Examples include the following: a. Single-family detached homesi- b. Condominiums, apartments, and townhouses;.- c. Customary accessory uses and structures common to single- family homes or multifamily dwellingsi.- d. Home occupations authorized by and subject to the standards of Chapter 18.60 ACC1- e. Storage or parking of recreational vehicles for residents of the individual development*.- f. Nonresidential or municipal uses such as schools, churches, libraries, police, parks or fire facilities as authorized in the PUDi.- g. Home-based daycare;.- h. Community centers/recreation facilities:-. i. Senior housing and services. 2. Parks. B. Nonresidential. Uses permitted outright by Chapter 18.26 ACC as authorized in the development plan, except those uses requiring an Eend+tieRal useadministrative use permit under subsection C of this section_ ment , 4-:4'+v+s:-~e i r-atem-al clubs-: i.-ev~~i'r~ri rlniir-r~ r+nrl yd~yrr~rn rno-s$csrc ...a .d.,,, ~ 1 I~ilitecx 34~et«~'tinnc .v . ti. . g 4. . a-P94Ge= ~ c>-~ L+b#'aE'~~ D-Gc~ndi#GnaWses---~~r-~~~~~--ir-~-ar „ desig ~a . , . 3---Br~wp-uIas_--(Ord. 5777 § 1, 2003; Ord. 5092 § 1, 1998.) Section 26. Amendment to Citv Code. That Section 18.78.020 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 6269 September 25, 2009 Page 34 of 41 18.78.020 Permitted uses. The permitted uses allowed in the Terrace View zoning district will be those as allowed within Chapter 18.30 ACC, C-3 Heavy Commercial District, as may be amended. The process to allow any use on the Terrace View property shall be as required by this title with the exception that apartments/multifamily units will be considered an outright permitted use and will not require an administrative sanditieRal use permit. (Ord. 5377 § 2, 2000.) Section 27. New Section to Citv Code. That a new Section 18.04.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.04.025 Administrative use. "Administrative use" means a use permitted ir approval by the planning director or designee. which typically have some potential for impacts which may be permitted within a zone following conditions mitigating impacts of the use and to uses in the zone. Section 28. New Section to Citv Code. i a zone only after review and Administrative uses are those to neighboring properties, but review by the City to establish assure compatibility with other That a new Section 18.22.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.22.025 Uses requiring an administrative use permit. The following uses may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Administratively permitted uses in the RO designation: 1. Any commercial use abutting a residential zone' which has hours of operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday - Saturday: 7:OOAM to 10:OOPM; 2. Civic, social and fraternal clubs; 3. Daycare limited to mini daycare center, daycare center, preschools or nursery schools; 4. Government facilities; 5. Nursing homes; 6. Religious institutions, less than one acre lot size; 7. Restaurants, excluding drive-in facilities. B. Administratively permitted uses in RO-H designation: 1. Any commercial use abutting a residential zone' which has hours of operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday - Saturday: 7:OOAM to 10:OOPM; 2. Civic, social and fraternal clubs; 3. Daycare, limited to daycare center, preschools or nursery schools; 4. Government facilities; 5. Restaurants, excluding drive-in facilities; 6. Multifamily dwellings, provided 1,200 square feet of lot area is provided for each dwelling unit. Ordinance No. 6269 September 25, 2009 Page 35 of 41 ' For the purposes of this section, a residential zone is defined as any of the following zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7 Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential Manufactured Home Community. Section 29. New Section to Citv Code. That a new Section 18.24.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.24.025 Uses requiring an administrative use permit. The following uses may be permitted in a C-N district where an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Any commercial use abutting a residential zone' which has hours of operation outside of the following: Sunday: 9:OOAM to 10:00PM; or Monday - Saturday: 7:OOAM to 10:00PM; B. Civic, social and fraternal clubs; C. Daycare, limited to mini daycare, daycare center, preschools or nursery schools; D. Drive-in facilities, including banks and restaurants; E. Government facilities; F. Liquor serving establishments, provided they are secondary to a restaurant use and limited to on-premises consumption; G. Religious institutions; less than one acre lot size; H. Restaurants and other eating establishments with a seating capacity of more than 25 seats. ' For the purposes of this section, a residential zone is defined as any of the following zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7 Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential Manufactured Home Community. Section 30. New Section to Citv Code. That a new Section 18.26.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.26.025 Uses requiring an administrative use permit. The following uses may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Any commercial use abutting a residential zone' which has hours of operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday - Saturday: 7:OOAM to 10:00PM; B. Arcades; C. Automobile sales and leasing, new and/or used, including light pick-up trucks and vans but not including recreational vehicles or heavy trucks, provided the following requirements are met: 1. The business shall be located on a major arterial as defined by the city traffic plan; 2. No repairing, painting or body work shall be conducted outside of a building; Ordinance No. 6269 September 25, 2009 Page 36 of 41 3. If abutting an R zone, a sight-obscuring fence or landscape screen shall be required; 4. A minimum of a 25-foot setback shall be required of any building from any R zone; 5. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-1 uses in the vicinity; D. Automobile service stations, provided they are located at the intersection of two streets, one of which must be an arterial; E. Dance halls; F. Drive-in facilities, including banks and restaurants; G. Government facilities, excluding offices and related uses that are permitted outright. 1 For the purposes of this section, a residential zone is defined as any of the following zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7 Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential Manufactured Home Community. Section 31. New Section to Citv Code. That a new Section 18.28.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.28.025 Uses requiring an administrative use permit. The following uses may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Any commercial use abutting a residential zone' which has hours of operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday - Saturday: 7:OOAM to 10:OOPM; B. Arcades; C. Drive-in facilities, including banks and restaurants. No drive-in facilities shall be allowed vehicle access to or from Main Street; D. Government facilities, this excludes offices and related uses that are permitted outright; E. Any expansion of the space, volume, area or facilities of any automobile repair, maintenance or service, automobile service station, or car wash business that existed before the effective date of Ordinance No. 5555. Any such expansion must be physically connected to the existing business, must be contained within the same lot or adjusted lot as the existing business and cannot be separated by a street or alley; F. Gasoline dispensing facilities for passenger vehicles, provided the following requirements, which supersede the requirements of ACC 18.28.050(F), are met. These facilities are not intended to be the same as or allow for an automobile service station as defined by ACC 18.04.140:-. 1. The facility 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 facility. The facility 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. 2. The facility must be located on the property to minimize the amount of conflict to the pedestrian traffic. Ordinance No. 6269 September 25, 2009 Page 37 of 41 3. The facility 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. 4. The facility 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. 5. The facility 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. 6. 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. 7. The design, architectural treatment and streetscape features of the facility 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. 8. A five-foot width of Type III landscaping shall be provided along the street frontage(s) that the facility is oriented to. 9. 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. 10. Signs shall be limited to permanent wall signs, attached to the face of the canopy, only. 11. The application for the conditional use permit shall illustrate how it complies with these standards. (Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord. 5383 § 1, 2000; Ord. 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.) ' For the purposes of this section, a residential zone is defined as any of the following zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7 Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential Manufactured Home Community. Section 32. New Section to Citv Code. That a new Section 18.29.053 of the Auburn City Code be and the same hereby is created to read as follows: 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; B. Expansions of existing gasoline stations; Ordinance No. 6269 September 25, 2009 Page 38 of 41 C. Animal daycare businesses that feature outdoor exercise areas and/or kennels. Section 33. New Section to Citv Code. That a new Section 18.30.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.30.025 Uses requiring an administrative use permit. The following uses may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Any commercial use abutting a residential zone' which has hours of operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday - Saturday: 7:OOAM to 10:OOPM; B. Multiple-family dwellings; provided, that 1,200 square feet of lot area is provided for each dwelling unit; C. Government facilities, this excludes offices and related uses that are permitted outright; D. Miscellaneous light manufacturing including toys, jewelry, ceramic, musical instruments and similar products, apparel and other finished products made from fabrics, leather, and similar materials, manufacturing of professional, scientific, and controlling instruments such as photo and optical goods, watch and clock manufacturing, and similar products, with retail sales of products manufactured on the premises; E. Nursing homes. (Ord. 5835 § 4, 2004; Ord. 4910 § 1, 1996; Ord. 4590 § 5(Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2, 1987.) ' For the purposes of this section, a residential zone is defined as any of the following zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7 Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential Manufactured Home Community. Section 34. New Section to Citv Code. That a new Section 18.32.030 of the Auburn City Code be and the same hereby is created to read as follows: 18.32.030 Uses requiring an administrative use permit. The following uses may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Auction houses, excluding animals; B. Government facilities; C. Religious institutions, to be located in existing facilities only. Section 35. New Section to Citv Code. That a new Section 18.34.030 of the Auburn City Code be and the same hereby is created to read as follows: Ordinance No. 6269 September 25, 2009 Page 39 of 41 18.34.030 Uses requiring an administrative use permit. The following uses may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Commercial laundries; B. Commercial recreation, including animal race tracks; C. Drive-in theaters; D. Government facilities; E. Motels, F. Processing or pulping of wood or other fibers; G. Taverns; H. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of floor space. Section 36. New Section to Citv Code. That a new Section 18.44.025 of the Auburn City Code be and the same hereby is created to read as follows: 18.44.025 Uses requiring an administrative use permit. The following uses may be permitted in an I district when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Colleges and universities. Section 37. New Section to Citv Code. That a new Section 18.76.045 of the Auburn City Code be and the same hereby is created to read as follows: 18.76.045 Uses requiring an administrative use permit. A. The following uses may be permitted throughout the PUD as specifically authorized by the development plan and when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: 1. Civic, social and fraternal clubs; 2. Mini-daycare and daycare centers; 3. Preschools or nursery schools; 4. Religious institutions; 5. Utility substations; 6. Municipal Services: a. Police; b. Fire; c. Library. B. The following uses may be permitted in areas of the PUD with a comprehensive plan designation of "Light Commercial" as specifically authorized by the development plan and when an administrative use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: 1. Automobile service stations; 2. Drive-through facilities, including banks and restaurants; 3. Brewpubs. Ordinance No. 6269 September 25, 2009 Page 40 of 41 Section 38. Impiementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 39. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 40. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: OCT - 5 2009 PASSED APPROVED: OCT - 5 2009 OCT - 5 2009 CIT ll'F AU U N PETER B. LEWIS MAYOR ATTEST: Dan le E. Daskam, City Clerk APPOO~ED A-S3.Q FORM: Ddn'iel'B:"'nel'd_-Qity At'Corney Published ~ ),--v . Ordinance No. 6269 September 25, 2009 Page 41 of 41