HomeMy WebLinkAbout6120ORDINANCE NO. 6120
AN ORDINANCE OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 18.32 OF THE
AUBURN CITY CODE AND SECTION 18.74.030 OF
THE AUBURN CITY CODE, RELATING TO THE M1
LIGHT INDUSTRIAL ZONE
WHEREAS, from time to time, amendments to the City of Auburn zoning
code are appropriate, in order to update and better reflect the current
development needs and standards of the City; and
WHEREAS, a need has been identified to address concerns over the
changing face of industrial and commercial development; and
WHEREAS, presently, the City's principal industrial zone (M1 (Light
Industrial)) allows various manufacturing, wholesale distribution and commercial
uses; and
WHEREAS, expanding residential use in this industrial zone will provide
flexibility in the City's development regulations and promote opportunities for
higher quality residential and commercial development; and
WHEREAS, with this code amendment, property owners would be offered
the ability to develop residential use without limiting the range of industrial and
commercial uses that are currently allowed; and
WHEREAS, following proper public notice, the City of Auburn Planning
Commission held a public hearing on November 8, 2006, on proposed code
amendments regarding residential uses in the M1 (Light Industrial) and M2
(Heavy Industrial) zones; and
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WHEREAS, after fully considering the testimony and information
presented at the public hearing, on November 8, 2006, the Planning Commission
made its recommendations for code amendments to the City of Auburn City
Council; and
WHEREAS, the City Council has reviewed and considered the Planning
Commission recommendations; and
WHEREAS, in connection with the amendment of Chapter 18.32 of the
Auburn City Code, it is also necessary to amend the language of Section
18.74.030 of the City Code so as to keep the City in conformity with the law
requiring cities to have territory within their corporate boundaries available for
siting sexually oriented businesses; and
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA),
with a final determination of non-significance (DNS) issued November 6, 2006;
and
WHEREAS, the City Council finds that the proposal was received by State
agencies for the 60-day review period on September 18, 2006, also in
accordance with state law, RCW 36.70A.106.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section One. AMENDMENT TO CITY CODE. That Chapter 18.32
of the Auburn City Code, entitled "M-1 Light Industrial District" is amended to
read as follows:
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August 28, 2007
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Chapter 18.32
M-1 LIGHT INDUSTRIAL DISTRICT
Sections:
18.32.010
18.32.020
18.32.030
18.32.040
18.32.050
18.32.060
Intent.
Permitted uses.
Reserved.
Uses requiring conditional use permit.
Development standards.
Supplemental development standards.
18.32.010 Intent.
The purpose of the M-1 Light Industrial zone is to accommodate a variety of
industrial ate-commercial and limited residential uses in an industrial park environment,
to preserve land primarily for light industrial and commercial uses, to implement the
economic goals of the comprehensive plan and to provide a greater flexibility within the
zoning regulations for those uses which are nonnuisance in terms of air and water
pollution, noise, vibration, glare or odor. The light industrial/commercial. character of this
zone is intended to address the way in which industrial and commercial uses are carried
out rather than the actual types of products made.
The character of this zone will limit the type of primary activities which may be
conducted outside of enclosed buildings to outdoor displays and sales. Uses which are
not customarily conducted indoors, or involve hazardous materials are considered heavy
industrial uses under this title and are not appropriate for the M-1 zone.
An essential aspect of this zone is the need to maintain a quality of development
that attracts rather than discourages further investment in light industrial and commercial
development. Consequently, site activities which could distract from the visual quality of
development of those areas, such as outdoor storage should be strictly regulated within
this zone. (Ord. 4910 § 1, 1996; Ord. 4229 § 2, 1987.)
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 center, daycare centers, preschools or
nursery schools;
H. Equipment rental and leasing;
I. 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;
O. Job training and vocational rehabilitation;
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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 Section
18.32.020 (C, J, K, T, W, X, Z and AA). The ground floor may contain entrance and
lobby areas which serve the dwellings.
S-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;
~V1(. 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;
ZAA. Small appliance repair;
AABB. 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;
ACC. Other similar uses and accessory uses and buildings appurtenant to a
principal use which the Planning Director finds compatible with the principal permitted
uses described in this chapter and consistent with the purpose and intent of the M-1
zone;
GGDD. Sexually oriented businesses as provided in Chapter 18.74 ACC.
18.32.030 Reserved.
18.32.040 Uses requiring 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. Auction houses, excluding animals;
B. Commercial recreation, including animal race tracks;
C. Government facilities;
D. Heliports;
E. Radio and television transmitting towers;
F. Religious institutions, to be located in existing facilities only;
G. Utility substations, unless clearly incidental and part of a permitted use.
Then the substation shall be permitted outright;
H. 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;
I. Secure community transition facilities meeting the standards established
under ACC 18.48.150 and Chapter 71.09 RCW. (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.)
18.32.050 Development standards.
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Development standards in an M-1 Light Industrial district are as follows:
A. Minimum lot area: none required;
B. Minimum lot area per dwelling unit: Two thousand four hundred (2,400)
square feet;
€C. Minimum lot width: none required;
GD. Minimum lot depth: none required;
BE. Maximum lot coverage: none required;
€F. Maximum building height: 45 feet. Structures may exceed 45 feet if one
additional foot of setback is provided for each foot the structure exceeds 45 feet;
~G. Minimum yard setbacks:
1. Front: 20 feet,
2. Side, interior: none required,
3. Side, street: 20 feet,
4. Rear: none required;
An additional 30 foot setback shall be required if adjacent to or separated by a
street less than 50 feet in width of any residentially zoned property. This additional
setback requirement also applies to residentially zoned property that is unincorporated
county land;
6H. Fences and hedges: see Chapter 18.48 ACC;
kll. Parking: see Chapter 18.52 ACC;
fJ. Landscaping: see Chapter 18.50 ACC;
~K. Signs: see Chapter 18.56 ACC;
I4L. Performance standards: see Chapter 18.58 ACC. (Ord. 4910 § 1, 1996;
Ord. 4304 § 1(19), ,1988; Ord. 4229 § 2, 1987.)
18.32.060 Supplemental development standards.
Supplemental development standards in an M-1 Light Industrial district are as
follows:
follows:
A. All activities shall be conducted entirely within a building except as
1. Outdoor storage subject to the following requirements:
a. Outdoor storage shall be limited to an area no greater than 50 percent of
the lot.
b. Outdoor storage shall be located between the rear lot line and the
extension of the front facade of the principal structure, provided also that for corner lots
no outdoor storage would be allowed between a building and a side street lot line. For
through lots, the location for outdoor storage shall be determined by the Planning
Director.
c. Outdoor storage shall not be located in a required yard/setback area.
d. Outdoor storage shall not be permitted on vacant lots.
e. Outdoor storage shall be limited to 15 feet in height.
f. Outdoor storage areas shall be landscaped in accordance with ACC
18.50.050(F).
g. Outdoor storage areas shall consist of a hard surface material of either
gravel or paving.
h. Outdoor storage shall be supplemental to a permitted use on the
property.
i. Outdoor storage shall consist of supplies, materials, and/or equipment
that are in working and usable condition. Outdoor storage of unworkable and/or
unusable equipment, supplies or materials is not permitted.
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2. Gasoline pumps.
3. Refuse containers, provided they are screened from adjoining property
and public or private right-of-way with a masonry fence and a 5 foot width Type III
landscaping.
4. Horticulture activities.
5. Sales and rental of automobiles, trucks, motorcycles, recreational
vehicles and boats.
B. All odors, noise, vibrations, heat, glare, or other emissions are controlled
within the confines of a building unless specifically permitted elsewhere by this title.
C. Loading and unloading docks shall not be visible from the street.
D. No on-site hazardous substance processing and handling, or hazardous
waste treatment and storage facilities, shall be permitted, unless clearly incidental and
secondary to a permitted use. On-site hazardous waste treatment and storage facilities
shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. 5863 § 4, 2004;
Ord. 4910 § 1, 1996; Ord. 4304 § 1(18), 1988; Ord. 4294 § 3, 1988; Ord. 4229 § 2,
1987. )
Section Two AMENDMENT TO CITY CODE. That Section 18.74.030 of
the Auburn City Code, entitled "Prohibited in certain areas," regarding sexually oriented
business uses, is amended to read as follows:
18.74.030 Prohibited in certain areas.
A. Sexually oriented business uses are prohibited:
1. Within 1,000 feet of any property zoned for any residential use or of any property used
for any single-family or multiple-family residential use provided that for the purposes of
this section properties located in the M-1 Light Industrial zone are nat zoned for
residential use notwithstanding the fact that residential use may be allowed or permitted
in this zone;
2. Within 1,000 feet of any public or private elementary or secondary school;
3. Within 1,000 feet of any child daycare center, child care service, nursery,
preschool or community youth center;
4. Within 1,000. feet of any church or other facility or institution used primarily for
religious purposes;
5. Within 1,000 feet of any public park, open space or other similar place where
children are likely to congregate;
6. Within 1,000 feet of any large enclosed multi-business retail complex that
caters as a significant part of its business to children. For the purposes hereof, a large
enclosed multi-business retail complex that caters as a significant part of its business to
children means a covered complex of retail and service business that include at least 30
businesses, and that have any combination of amenities geared to children, including
but not limited to: attractions designed for use by children, regularly scheduled events for
children, and designated play child areas; and
7. Within 1,000 feet of any other sexually oriented business use.
B. As used herein, the distances shall mean the straight-line distance between
the edge or corner of the property on which the sexually oriented business use is located
to the nearest edge or corner of the property of another sexually oriented business use
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or any of the sensitive uses set forth above; provided, that if there is more than one
business or tenancy on the property, then the distances shall mean the straight-line
distance between the edge or corner of that portion of the property (or tenancy) on which
the sexually oriented business use is located to the nearest edge or corner of the
property of another sexually oriented business use or any of the sensitive uses set forth
above.
C. It is provided, however, that any sexually oriented business operating with in
the city of Auburn as of the initial effective date of the ordinance codified in this chapter
shall constitute apre-existing nonconforming use pursuant to ACC 18.04.650. (Ord.
5835 § 1, 2004; Ord. 4886 § 2, 1996. Formerly 18.74.020.)
Section Three 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 Four IMPLEMENTATION. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section Five 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: 9~fiP - 4 ?Q07
-s 2007
PASSED:
APPROVED: SEP - 4 2007
-~
PETER B. LEWIS
MAYOR
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ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
B. Key. C
PUBLISHED: ~" lD ~„~Z~-~\
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