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HomeMy WebLinkAbout5799ORDINANCE NO. 5799 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE TITLE 18 ENTITLED "ZONING" TO PROVIDE FOR CERTAIN EXEMPTIONS TO THE YARD REQUIREMENTS OF AUBURN CITY CODE SECTION 18.48.070 TO BETTER REFLECT CURRENT DEVELOPMENT NEEDS OF THE CITY WHEREAS, from time to time amendments to the City of Auburn zoning code are appropriate to update and better reflect the current development needs of the City; and, WHEREAS, a need has been identified to better address setback requirements for single family development on lots with significant slopes; and, WHEREAS, the City of Auburn Planning Commission held a public hearing on the amendment and made a recommendation to City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Adoption. Auburn City Code Section 18.48.070 entitled "Yards" is hereby amended as follows: "18.48.070 Yards. A The following may project from a building into a required yard setback: 1. Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts, wireless communications facilities or similar projections not wider than eight feet measured in the general direction of the wall of which it is a part: 18 inches into any yard; 2. Porches and platforms. a_). Uncovered porches and platforms which do not extend above the floor level of the first floor: 18 inches into side yards and six feet into the front yard and rear yard; provided, that may extend three feet into the side yard when they do not exceed 18 inches in height above the finished grade; b) Covered but unenclosed porches and platforms which do not extend above the floor level of the first floor and which are no wider than fifty (50) intrude percent of the buildin.q's frontage: five (5) feet into the front yard. 3. Planting boxes or masonry planter not exceeding 42 inches in height may into any yard; 4. Eaves shall not protrude more than 24 inches into any minimum required yard; Ordinance No. 5799 November 12, 2003 Page 1 5. Awnings, canopies, marquees and similar structures designed to primarily protect pedestrians from the weather elements. They shall be attached to and supported entirely by the building. The maximum projection shall be seven feet from the building. ACC 18.48.070(A)(5) is also intended to allow these types of structures to project over public right-of-way. The maximum projection is still limited to seven feet and must comply with the Uniform Building Code (UBC) and Uniform Fire Code (UFC), and the requirements of the city engineer. B. Special Front Yard Depth. If buildings existing on July 6, 1964, occupy 50 percent or more of the frontage in any block, and are on one side of the street, then the depth of the front yard required by this title shall be disregarded on that side of the street in such block, and in lieu thereof the depth of front yard required on each lot therein shall be not less than average depth of the front yards existing on July 6, 1964. This shall apply to residentially zoned property only. C. Side Yard Width Reductions. In R2, R3, and R4 districts, where there exists a lot or tract of land on which it is possible to construct a single-family dwelling, and the lot or tract has width of less than 40 feet, then the required side yard width may be reduced to three feet. The street side yard width may not be reduced. D. Lots with Significant Slopes. To encourage the preservation of natural features on lots with significant slopes~ platted residential lots with an average slope of fifteen (15) percent or more may reduce the front yard setback by up to twenty (20) percent; provided however, that all structures must comply with applicable sight distance triangle requirements. This provision shall only apply to lots developed for a single- family residence but shall not apply to property zoned RR (Rural Residential). For the purposes of this section~ the average slope shall be measured by taking the difference between the average elevations of the rear and the front lot lines. This provision is not intended to waive any other requirements of geo-technical reports or studies that may be necessary to ensure the suitability of a lot for development. Development under this provision may also implement the yard exemptions identified in ACC 18.48.070(1) through (5). Section 2. Constitutionality or Invalidity. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5799 November 12, 2003 Page 2 Section 4. 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: tanv ! ? ~... PaSSed: NOV ] ?_?~ Ap,~~,. NOV ! ? 2003 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~l~aniel §. ~ F' City Attorney Ordinance No. 5799 November 12, 2003 Page 3