HomeMy WebLinkAboutITEM V-C
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, wASyiNcTON AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Title 18 (Zoning) of the Auburn City Code - Amendments for September 4, 2009
Administrative Use Permits & Conditional Use Permits
Department: Planning, Building Attachments: Refer to Exhibit List Budget Impact: N/A
and Community on Page 3 of 11
Administrative Recommendation: 1) Conduct Public Hearing; 2) Planning Commission recommends
to City Council approval of amendments to Chapter 18.02 (General Provisions) affecting Section
18.02.120; Chapter 18.04 (Definitions) amending and/or adding new definitions; Chapter 18.07
(Residential Zones) affecting Section 18.07.020; Chapter 18.09 (Manufactured/Mobile Home Community
Zone) affecting Section 18.09.020; Chapter 18.22 (Residential Office and Residential Office-Hospital
District) affecting Sections 18.22.020 and 18.22.030; Chapter 18.24 (Neighborhood Shopping District)
affecting Section 18.24.030; Chapter 18.26 (Light Commercial District) affecting Sections 18.26.020 and
18.26.030; Chapter 18.28 (Central Business District) affecting Sections 18.28.020 and 18.28.030;
Chapter 18.29 (Downtown Urban Center District) affecting Section 18.29.055; Chapter 18.30 (Heavy
Commercial District) affecting Section 18.30.030; Chapter 18.32 (Light Industrial District) affecting
Sections 18.32.020 and 18.32.040; Chapter 18.33 (Environmental Park District) affecting Sections
18.33.030 and 18.33.050;Chapter 18.34 (Heavy Industrial District) affecting Section 18.34.040; Chapter
18.36 (Business Park District) affecting Section 18.36.030; Chapter 18.40 (Public Use District) affecting
Section 18.40.030; Chapter 18.44 (Institutional Use District) affecting Section 18.44.030; Chapter 18.50
(Landscaping and Screening) affecting Section 18.50.050; Chapter 18.54 (Nonconforming Structures,
Land and Uses) affecting Section 18.54.060; Chapter 18.64 (Administrative and Conditional Use Permits)
affecting all Sections 18.64.010 through 18.64.070; Chapter 18.70 (Variances, Special Exceptions, and
Administrative Appeals) affecting Sections 18.70.010 and 18.70.020; Chapter 18.76 (Planned Unit
Development District-Lakeland Hills South affecting Section 18.76.040; and Chapter 18.78 (Terrace View
District) affecting Section 18.78.020.
Page 1 of 11
AT:TBCJRN *MOKE °rHAN YOU IMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
Background Summary:
Chapter 18.64 (Administrative and Conditional Use Permits) of the Auburn City Code contains regulations
and standards for the allowance and processing of administrative use permits and conditional use
permits, where applicable, in the City of Auburn. The Auburn City Council has previously passed
ordinances establishing and amending Chapter 18.64 inclusive of Ordinance No. 4229 in 1987,
Ordinance No. 4304 in 1988, Ordinance No. 4773 in 1995, Ordinance No. 4840 in 1996, Ordinance No.
4875 in 1996, Ordinance No.. 5811 in 2003 and Ordinance No. 6185 in 2008.
Beginning in September 2008 and at the direction of the Auburn City Council, Planning, Building &
Community Department staff has been conducting a comprehensive update of Title 18 (Zoning) of the
Auburn City Code. In June 2009, the Auburn City Council passed Ordinance No. 6245 updating the
residential portions of Title 18 (Zoning) that, among other things, addressed the current permitted use,
conditional use and prohibited use nature of different land uses within the City's residential zoning
designations. The Planning and Community Development Committee of the Auburn City Council has
previously requested the Planning Commission and staff to prepare substantive amendments to Chapter
18.64 to clarify and update the regulations for administrative use permits and conditional use permits. The
Committee further requested the Planning Commission and staff conduct the required public hearing (s)
on these amendments and forward the Commission's recommendation to the Auburn City Council for
potential ordinance action.
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 Chapter 18.64.During
these discussions, staff identified and presented information on the need to update the administrative and
conditional use nature of all land uses within the City's zoning districts. Planning staff have researched
other jurisdictions, analyzed policy options and incorporated, where appropriate, the Committee's and the
Commission's input, in the development of the proposed amendments contained herein.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ~ Planning
❑ Park Board ❑ Public Works 0 Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
Action•
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until /
Councilmember: Staff: Andersen/Sn der
Meetin Date: Se tember 9, 2009 Item Number: V.C
Page 2 of 11
AUBVRk.N * MORE rHAN YOv IMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
A. EXHIBIT LIST:
Exhibit 1: Staff Report
Exhibit 2: Proposed Amendments for Administrative Use Permits & Conditional Use
Permits
Exhibit 3: Request to Publish Notice of Public Hearing
Exhibit 4: Affidavit of Publication for Notice of Public Hearing
Exhibit 5: August 28, 2009 Posting of Notice of Public Hearing
Exhibit 6: September 4, 2009 Revised Posting of Notice of Public Hearing
Exhibit 7: September 4, 2009 Expedited Review Submittal Request to the Washington
State Department of Commerce - Growth Management Services
B. RESPONSIBLE DEPARTMENT:
City of Auburn Planning, Building and Community Department, Cindy Baker, AICP, Director
C. RESPONSIBLE STAFF:
1. Chris Andersen, Senior Planner, City of Auburn Planning, Building and Community
Department
2. Kevin Snyder, AICP, Assistant Director, City of Auburn Planning, Building and
Community Department
D. AREA OF IMPACT:
Citywide
E. PLANNING COMMISSION PUBLIC HEARING DATE:
September 9, 2009
F. CITY COUNCIL ORDINANCE CONSIDERATION DATE:
October 5, 2009
G. FINDINGS OF FACT:
1. The City of Auburn is a Mayor/Council form of government subject to the provisions of
RCW 35A (Optional Municipal Code) and more specifically is classified as a non-charter
code city.
2. The City of Auburn conducts land use planning in accordance with applicable provisions
of RCW 36.70A (Growth Management - Planning by Selected Counties and Cities).
3. Vision 2040 and Multi-County Planning Policies - Puget Sound Regional Council (PSRC)
Vision 2040 is an update of Vision 2020, the long-range growth, economic, and
transportation strategy for the 4-county central Puget Sound region. The Auburn City
Council recognized Vision 2020 in 2007 with the adoption of the 2007 Comprehensive
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A.tTBURN * Mc~~ E TxAN YOt~ IMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
Plan Update. The new Vision 2040 update establishes a regional vision for the desired
pattern of population and job growth through 2040 within the four counties. Vision 2040
also contains new and amended Multi-County Planning Policies (MPPs) that provide a
framework and guidance for other regional plans, for Countywide Planning Policies, and
for local comprehensive plans. MPPs also guide PSRC programmatic decisions, such as
plan certification and project evaluation for funding. MPPs address a number of topic
areas, with policy chapters covering the environment, development patterns, housing,
economic development, transportation, and public services.
4. The City of Auburn has through previous ordinance action (Ord. 6198 § 1, 2008; Ord.
6006 § 5, 2006; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987 and
amended Chapter 18.6824 (Amendments) pertaining to required processes and
procedures for the amendment of the text or map of Title 18 (Zoning) of the Auburn City
Code (ACC).
5. ACC 14.03.060 (Legislative Non-Project Decisions) specifies that legislative non-project
decisions made by the City Council under its authority to establish policies and
regulations are not classified as a"type" of project permit decision. Legislative non-
project decisions include, but are not limited to, the following legislative actions:
a. Amendments to the text and map of the comprehensive plan or development
regulations.
b. Amendments to the zoning map (rezones) on a city-wide or area-wide basis.
6. ACC 18.68.020 (Initiation of Amendments) specifies the following
A. Zoning Map.
1. One or more property owners of the parcel may submit an application requesting
a reclassification of the parcel;
2. The City Council, or Planning and Community Development Committee of the
City Council, upon its own motion may request the Planning Commission or
Hearing Examiner to conduct a public hearing on the reclassification of a parcel
or parcels of property;
3. The Planning Commission may upon its own motion call for a public hearing on
the reclassification of a parcel or parcels of property.
B. Text.
1. The City Council, or Planning and Community Development Committee of the
City Council, upon its own motion may request the Planning Commission to
conduct a public hearing to amend any portion or all of this title; provided, that
text amendments that are purely administrative or procedural do not require a
public hearing, nor do they require preliminary review or recommendations of the
Planning Commission;
2. The Planning Commission may upon its own motion call for a public hearing to
amend any portion or all of this title, with the exception of purely administrative or
procedural amendments;
3. Any resident or property owner of the city may petition the city to request an
amendment to the text of this title.
C. For the purposes of this chapter, substantive amendments shall be distinguished
from procedural or administrative amendments in accordance with the following:
"Substantive" matters relate to regulations that define or limit what can be done in
terms of conduct, use or action (e.g., what use may be made of land, what
Page 4 of 11
ALTBLTRN * Me~RE THAN YOU IMAGIN'ED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
requirements apply to development, what public infrastructure may be required of
certain developments), and "procedural" or "administrative" matters are those that
relate to the process of how an application to take such action must be pursued (e.g.,
time limits for applications and appeals, what forms must be used, and where or how
applications must be submitted. Essentially, "procedural" or "administrative" matters
are the mechanical rules by which substantive issues may be pursued).
7. ACC 18.68.030 (Public Hearing Process) specifies the following:
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on
all amendments to this title. The ptanning commission shall make a recommendation
to the city council that may or may not conduct a public hearing.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City. All applications for a rezone
shall be reviewed by the planning director prior to the scheduling of a public
hearing. After review of the application, the director shall determine which of the
following two processes should occur to properly hear the rezone:
a. If the rezone is consistent with the comprehensive plan, then the hearing
examiner shall conduct a public hearing on the rezone and make a
recommendation to the city council pursuant to ACC 18.66.170;
b. If the rezone is in conflict with the comprehensive plan, or there are no
policies that relate to the rezone, or the policies are not complete, then a
comprehensive plan amendment must be approved by the city council prior to
the rezone being scheduled for a public hearing in front of the hearing
examiner. The planning commission shall conduct a public hearing on the
comprehensive plan amendment and make a recommendation to the city
council.
2. Area-wide Zoning and Rezoning, Initiated by the City. The planning commission
shall conduct a public hearing and make a recommendation to the city council. If
applicable, a comprehensive plan amendment may also be processed.
C. City Council Decision. The city council may affirm, modify or disaffirm any
recommendation of the planning commission or hearing examiner with regard to
amendments of the text or map of this title.
8. ACC 18.68.040 (Public Hearing Notice Requirements) specifies the following:
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under
ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, at least 10 days prior to the public
hearing and by posting the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, prior to the public hearing and by
posting the notice in three general public locations.
B. Zoning Map Amendments.
1. Rezones Initiated by an Applicant Other Than City.
a. Hearing Examiner. Notice of a public hearing shall be given at least 10 days
prior to the public hearing and in accordance with ACC 14.07.040.
2. Rezones, Including Area-wide Zoning, Initiated by the City.
a. Planning Commission. As a minimum, notice of public hearing shall be given
by publication, in a newspaper of general circulation in the area, at least 10
Page 5 of 11
~►.~BVRN,*Mo~E THAN Yc~U tM,AGIt~ED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
days prior to the public hearing. Additional mailing or posting of notices may,
at the option of the planning commission, be required.
b. City Council. As a minimum, notice of public hearing shall be given by
publication, in a newspaper of general circulation in the area, prior to the
public hearing. Additional mailing or posting of the notices may, at the option
of the city council, be required.
9. Goal 11 (Citizen Participation and Coordination) of the Growth Management Act as
specified in RCW 36.70A.020 encourages the involvement of citizens in the planning
process and ensure coordination between communities and jurisdictions to reconcile
conflicts.
10. RCW 36.70A.035.2.a specifies that except as otherwise provided in (b) of the statute, if
the legislative body for a county or city chooses to consider a change to an amendment
to a comprehensive plan or development regulation, and the change is proposed after
the opportunity for review and comment has passed under the county's or city's
procedures, an opportunity for review and comment on the proposed change shall be
provided before the local legislative body votes on the proposed change.
11. The Auburn City Council has previously passed ordinances establishing and amending
Chapter 18.64 inclusive of Ordinance No. 4229 in 1987, Ordinance No. 4304 in 1988,
Ordinance No. 4773 in 1995, Ordinance No. 4840 in 1996, Ordinance No. 4875 in 1996,
Ordinance No.. 5811 in 2003 and Ordinance No. 6185 in 2008.
12. Beginning in September 2008 and at the direction of the Auburn City Council, Planning,
Building & Community Department staff has been conducting a comprehensive update
of Title 18 (Zoning) of the Auburn City Code. In June 2009, the Auburn City Council
passed Ordinance No. 6245 updating the residential portions of Title 18 (Zoning) that,
among other things, addressed the current permitted use, conditional use and prohibited
use nature of different land uses within the City's residential zoning designations.
13. The Planning and Community Development Committee of the Auburn City Council and
the Planning Commission met in duly advertised joint meetings on August 4, 2009 and
August 11, 2009 to discuss ideas and issues for the potential amendments specified in
Exhibit "2". At these meetings, the Committee and the Commission provided staff with
input on policy options.
14. The amendments addressed by this agenda bill for administrative use permits and
conditional use permits are scheduled for public hearing on September 9, 2009 before
the Auburn Planning Commission. The Commission will receive public testimony on the
proposed amendments before deliberating and forwarding a recommendation to the
Auburn City Council
15. The public hearing notice for the September 9, 2009 Planning Commission public
hearing was published on August 29, 2009 in the Seattle Times that is at least 10-days
prior to the Planning Commission public hearing scheduled for September 9, 2009.
16. A Determination of Non-Significance will be issued, published and transmitted to
reviewing agencies and interested parties in the Seattle Times for the City initiated
Comprehensive Plan Amendments on September 9, 2009 under city file SEP09-0028.
The comment period ends on September 23, 2009 at 5:00 p.m.
Page 6 of 11
AUBURN * Mc~~ ~AN Yc~U MAcINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
17. Pursuant to RCW 36.70A.106, the proposed amendments outlined in this agenda bill
and specified in detail in Exhibit "2" were sent to the Growth Management Services
Division of the Washington Department of Commerce on September 4, 2009 for a 10-
day expedited review request. The City of Auburn requested expedited review in
accordance with RCW 36.70A.106.3.b.
18. The City of Auburn has previously engaged in substantive planning, environmental
analysis and policy analysis that have created a substantive policy background for
current consideration of potential amendments to Title 18 (Zoning) as specified herein.
These include:
a. Passage of Ordinance No. 6245 on June 1, 2009 updating certain chapters and
sections of Title 18 (Zoning) of the Auburn City Code.
b. City of Auburn - Final Determination of Non-Significance - Title 18 (Zoning)
Amendments, May 15 2009
c. City of Auburn Comprehensive Plan: Last Revised on December 2008; Amended to
Comply with the Growth Management Act in April 1995 and Amended Annually
Subsequently.
d. City of Auburn. Final Determination of Non-Significance-2007 Comprehensive
Plan amendments. August 2007.
e. City of Auburn. Final Determination of Non-Significance - 2006 Comprehensive
Plan amendments. August 2006.
f. City of Auburn. Final Determination of Non-Significance - 2005 Comprehensive
Plan amendments. September 2005.
g. City of Auburn. Final Determination of Non-Significance - 2004 Comprehensive Plan
amendments. September 2004.
h. City of Auburn. Final Determination of Non-Significance - 2003 Comprehensive Plan
amendments. October 2003.
i. City of Auburn. Final Determination of Non-Significance - 2002 Comprehensive Plan
amendments. October 2002.
j. City of Auburn. Final Determination of Non-Significance - 2001 Comprehensive Plan
amendments. October 2001.
k. City of Auburn - Auburn Downtown Plan/Final EIS. April 2001.
1. City of Auburn - Final Determination of Non-Significance - 2000 Comprehensive Plan
amendments. October 2000.
m. City of Auburn - Final Determination of Non-Significance - 1999 Comprehensive Plan
amendments. September 1999.
n. City of Auburn - Final Determination of Non-Significance - 1998 Comprehensive Plan
amendments. November 1998.
o. City of Auburn - Addendum to the Final Determination of Non-Significance - 1997
Comprehensive Plan amendments. November 1997.
p. City of Auburn - Addendum to the Final Determination of Non-Significance - 1996
Comprehensive Plan Amendments. November 1996.
q. City of Auburn - Addendum to the Final Determination of Non-Significance -
Comprehensive Plan Amendments to Comply with the Central Puget Sound Growth
Management Hearings Board Decision. October 1996.
r. City of Auburn - Addendum to the Final Determination of Non-Significance - 1995
Comprehensive Plan Amendments. November 1995.
Page 7 of 11
AUBURN* MO~E THAN YOr~ ~~~~INED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
s. City of Auburn - Final Determination of Non-Significance - Comprehensive Plan
Amendments to Comply with the Washington State Growth Management Act.
October 1994.
t. City of Auburn - Final Environmental Impact Statement - City of Auburn
Comprehensive Plan: Staff Draft and Recommendations. May 1986.
u. City of Auburn.-Final Determination of Non-Significance - Downtown Design Study.
April 1990.
v. City of Auburn - Final Determination of Non-Significance - Comprehensive Plan
Amendments on City Expansion and Urban Growth. July 1991.
w. City of Auburn - Final Environmental Impact Statement: Auburn North CBD Analysis.
November 1991.
x. City of Auburn -Final Determination of Non-Significance - Comprehensive Plan
Amendments on Sensitive and Critical Lands. January 1992.
y. King County Parks, Planning and Resources Department - Final Environmental
Impact Statement: Soos Creek Community Plan Update. December 1991.
z. King County Parks, Planning and Resources Department - Final Supplemental
Environmental Impact Statement: Countywide Planning Policies Proposed
Amendments. May 1994.
aa. King County Parks, Planning and Resources Department - Supplemental
Environmental Impact Statement: King County Comprehensive Plan. July 1994.
bb. Pierce County, Department of Planning and Land Services - Proposed Lakeland Hills
South Mining and Reclamation Plan and Planned Community Development: Final
Environmental Impact Statement. July 21, 1992.
cc. Pierce County, Department of Planning and Land Services - Comprehensive Plan for
Pierce County, Washington: Final EIS. September 20, 1993.
dd. Pierce County, Department of Planning and Land Services - Final Supplemental EIS
for the Comprehensive Plan for Pierce County, Washington. June 1994.
ee. Puget Sound Council of Governments - Final Environmental Impact Statement -
Vision 2020: Growth Strategy and Transportation Plan for the Central Puget Sound
Region. September 1990.
H. CONCLUSIONS
General Conclusions
1. The amendments proposed for Title 18 (Zoning) are substantive in nature and would
apply to real properties throughout the City of Auburn, as applicable.
2. The proposed amendments specified in Exhibit "2" are intended to clarify and update the
regulations for administrative use permits and conditional use permits to enhance the
clear and objective nature of these regulations.
3. The proposed amendments specified in Exhibit "2" do not require any changes to the
City's current critical area regulations contained in ACC 16.10 (Critical Areas). Any future
development subject to the proposed amendments specified in Exhibit "2" will still be
required to demonstrate compliance to applicable standards and regulation specified in
ACC 16.10.
4. The proposed amendments specified in Exhibit "2" will support current and future land
and shoreline uses that are consistent with the City's current Comprehensive Plan and
current Shoreline Master Program. Staff has not proposed substantive or non-
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AUBUR;.N * MORT THAN YOU rMAGINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
substantive amendments specified in Exhibit "2" that would be deemed inconsistent with
the City's adopted plans and policies.
5. The proposed amendments specified in Exhibit "2" will create the need for amendments
to the City of Auburn Comprehensive Plan. The amendments reflect current land use
patterns and previous policy direction to reserve the conditional use permit process for
uses that have substantive impacts warranting broader public participation, while
providing an administrative use permit process for a larger majority of land uses that
provide for appropriate public input. Because the timeframe for participation in the 2009
Comprehensive Plan Annual Update has passed, the previously referenced needed
amendments will be conducted as part of the 2010 Comprehensive Plan Annual Update.
In addition, there has been previous policy direction to clarify the regulatory procedures
and standards contained in Chapter 18.64 to ensure clarity and consistency in the
processing of administrative and conditional use permits. Therefore, while there will be
inconsistency between the Comprehensive Plan and portions of Title 18 (Zoning), these
inconsistencies are acceptable and warranted to accomplish previous policy direction
and will be appropriately addressed in the next annual update cycle for the
Comprehensive Plan.
Specific Conclusions:
6. The proposed amendments specified in Exhibit "2" satisfy the requirements of Goal 11
(Citizen Participation and Coordination) of the Growth Management Act as specified in
RCW 36.70A.020 because of the substantive public involvement efforts initiated for
these amendments. These efforts include:
a. The Planning and Community Development Committee of the Auburn City Council
and the Planning Commission met in duly advertised joint meetings on August 4,
2009 and August 11, 2009 to discuss ideas and issues for the proposed
amendments in Exhibit "2".
b. The public hearing notice for the September 9, 2009 Planning Commission public
hearing was published on August 29, 2009 in the Seattle Times that is at least 10-
days prior to the Planning Commission public hearing scheduled for September 9,
2009.
c. The Auburn Planning Commission will conduct a duly advertised public hearing on
September 9, 2009 in the City Council Chambers, Auburn City Hall, 25 West Main
Street, Auburn, WA 98001 to receive public testimony on the proposed amendments
specified in Exhibit "2" before deliberating and forwarding a recommendation to the
Auburn City CounciL
d. A Determination of Non-Significance will be issued, published and transmitted to
reviewing agencies and interested parties for the proposed amendments specified in
Exhibit "2" on August 25, 2009 under city file SEP09-0028.The comment period ends
on September 23, 2009 at 5:00 p.m.
7. The proposed amendments specified in Exhibit "2" have been processed in accordance
with ACC 18.68.020.13. The Planning and Community Development Committee of the
Auburn City Council has previously requested the Planning Commission and staff to
prepare substantive amendments to the chapters addressed in Exhibit "2"", conduct the
required public hearing (s) on these amendments and forward the Commission's
recommendation to the Auburn City Council for potential ordinance action.
8. The proposed amendments specified in Exhibit "2" are substantive in nature in
accordance with ACC 18.68.020.C in that they pertain to regulations that define or limit
Page 9 of 11
AUBVRN *MORI THAra Yc~~ fMAGrraED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
what can be done in terms of conduct, use or action for the use and development of
certain real property in the City of Auburn.
9. The proposed amendments specified in Exhibit "2" have been processed in accordance
with ACC 18.68.030 (Public Hearing Process). The Planning Commission is scheduled
to hold a minimum of one public hearing on September 9, 2009. The Auburn City
Council is currently scheduled to consider an ordinance for the proposed amendments
specified in Exhibit "2" on October 5, 2009.
10. The proposed amendments specified in Exhibit "2" have been processed in accordance
with ACC 18.68.040.A.1 and ACC 18.68.040.B.2. A public hearing notice was published
on August 29, 2009 in the Seattle Times.
11. In formulating its recommendation, the Commission shall consider, among other things,
the relationship between the proposed ordinance or amendment and the comprehensive
plan, other applicable city policies, and other existing land use controls. The following
conclusions address this requirement:
The City of Auburn City Council has previously directed the Planning Commission and
City staff to engage in a substantive and comprehensive review of Title 18 (Zoning) to
reduce regulatory vagueness and inconsistencies and improve regulatory process
efficiency and clarity.
On page 15-9 of the current City of Auburn Comprehensive Plan, the following is stated
under the heading "Zoning Code Administration":
There is a particularly direct relationship befinreen the implementation of a
Comprehensive Plan and a zoning code. While this Plan seeks to
establish a comprehensive framework to guide future development, it also
recognizes the need to provide for an efficient decision making process in
order to avoid needless and often expensive delays for projects.
Consequently, the zoning code and its administration should provide for
decision making processes which are related to the significance of the
policy issue involved. Minor issues (such as whether a proposed
conditional use complies with standards established in the Plan) should
be determined in relatively quick administrative processes. Major issues
(such as a possible conflict with the Comprehensive Plan Map) should be
thoroughly assessed and subject to full public scrutiny.
The proposed amendments specified in Exhibit "2" are intended to improve the City's
current land use decision-making process for enhanced time and cost efficiency. The
proposed amendments will accomplish this by refining the number and type of
conditional uses in order to gain process efficiency while retaining broad-based input
opportunities for land uses with substantive impacts to surrounding properties. At the
same time, the proposed amendments are intended to create a more prominent
regulatory role for administrative use permits to insure an appropriate level of public
input while concurrently providing efficient and timely land use reviews for land uses that
have less substantive impacts on surround properties.
Page 10 of 11
AUBURN * M~~E TxAN YOU IMAcINED
EXHIBIT 1: Staff Report for Text Amendments to Title 18 (Zoning) of the Auburn City
Code - Amendments for Administrative Use Permits & Conditional Use Permits
09/04/2009
The City of Auburn has previously engaged in substantive policy-making to establish
regulations and standards for the allowance and processing of administrative uses and
conditional uses as provided for in Chapter 18.64.
On page 15-9 of the current City of Auburn Comprehensive Plan, the following is stated
under the heading "Conditional Use Permits":
Conditional use permits should be divided into two classes under the
zoning code. Routine permits intended to merely check compliance with
standards should be an administrative process with appropriate appeals
provisions. Permits involving more substantive policy questions or
interpretations should be processed through the hearing examiner
system, with appeal to the City Council.
Current Chapter 18.64 provides limited clear and objective direction on the processing of
administrative use and conditional use permits. The proposed amendments in Exhibit "2"
are intended to provide increased regulatory clarity to assist the public and City staff in
the effective and efficient processing of land use reviews. These amendments will
promote procedural efficiency while retaining an appropriate level of public participation.
Overall Conclusions
The proposed amendments specified in Exhibit "2" are substantive amendments that are
in compliance with the City of Auburn Comprehensive Plan, as applicable, and are an
appropriate use of the City's regulatory authority to address land use controls and
allowances in the City. The amendments are intended to address an identified policy
issue that being the need for increased clarity in current regulations and a process
adjustment to facilitate timely and cost efficient land uses reviews for administrative use
permits and conditional use permits that provides for an appropriate level of public
scrutiny and input. The proposed amendments have been processed in accordance with
the City's specified procedures for the processing of text amendments to the City's
zoning regulations inclusive of the opportunity for the submittal of written or verbal public
testimony.
1. RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the proposed
amendments specified in Exhibit "2" to the Auburn City Council.
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2 Draft Zoning Amendments Regarding Administrative and Conditional Uses
3
4
5 Affected Chapters Page
6
7 Chapter 18.02 GENERAI, PROVISIONS ......................................................................................2
8 Chapter 18.04 DEFINTTIONS .......................................................................................................3
9 Chapter 18.07 RESIDENTIAL ZONES .........................................................................................3
10 Chapter 18.09 R-MHC MANUFACTURED/MOBILE HOME COMMUI~ITY ZONE .....................6
11 Chapter 18.22 RO RESIDENTIAL OFFICE/RO-H RESIDENTIAL OFFICE'=HOSPITAL DIST. .....7
~
12 Chapter 18.24 C-N NEIGHBORHOOD SHOPPING DISTRICT
~ x~
;
13 Chapter 18.26 G1 LIGHT COMMERCIAL DISTRICT 10
14 Chapter 18.28 C-2 CENTRAL BUSINESS DISTRICT.. `:v ..........................13
15 Chapter 18.29 DUC DOWNTOWN URBAN CENTER DISTRICT ....................18
16 Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRTCT ~
. ...................19
17 Chapter 18.32 M-1 LIGHT INDUSTRIAL DISTRICT.. .,k'y 20
18 Chapter 18.33 ENVIRONMENTAL PARK. DISTRICT...........
............................................21
~
19 Chapter 18.34 M-2 HEAVY INDUSTRIAL,J)R
ICT .............................22
20 Chapter 18.44 I INSTITUTIONAL USE DI9TRTCT.,.-
4~.
~~s;~ ~ .........................................23
21 Chapter 1$.50 LANDSCAPING AND SCREE1IING~~~~
~r ............................................24
22 Chapter 18.54 NONCOI~~'R~iNG STRUCTUUS, LANDAXND USES ...................................26
23 Chapter 18.64 ADMIl~~~RATIVE, AND COND~IONAL USE PERMITS ................................27
. .
24 Chapter 18.70 VARIANCE~~$PE~7AL EXCEPTIO~~; AND ADMINISTRATNE APPEALS 33
7~
25 Chapter 18.76 PD ~VELQPME~t'`~ISTRICT - LAKELAND HILLS SOUTH.... 35
P~~:
26 Chapter 1 ~ UIEV~~~ DISTRICT .......................................................................36
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11
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Draft amendments, Administrative and Conditional Uses Page 1 of 36
Revised September 4, 2009
1 Chapter 18.02
2 GENERAL PROVISIONS
3 18.02.120 Permitted land uses established.
4 A. Categories of Uses Established. Chapters 18.07 through 18.44 ACC establish
S permitted, administrative, conditional, and prohibited uses, by zone, for all properties
6 within the Auburn city limits. All principal uses in a given zone are one of #hfee-four types:
7 1. Permitted use (see ACC 18.04.696);
8 2. Administrative use (see ACC 18.04.025);
9 -23. Conditional use (see ACC 18.04.260);
10 3~4. Prohibited use (see ACC 18.04.752).
11 Uses which are incidental and customary to a principal use may be considered an
12 accessory use as defined in ACC 18.04.020.
13 Uses not specifically identified as principal uses or determined to be an accessory use
14 shall be classified utilizing the procedures outlined in subsection (C)(6) of this section.
15 B. Zoning Use Tables Established for Residential Zones. The zone use tables in ACC
16 18.07.020 and 18.09.020 establish whether a specific use is permitted' in a;.zone and
17 ~ whether the use is allowed as a permitted, admintsfrative, conditional, or pr`ohibited use.
18 The zone is located on the horizontal row andpecific u~e is located on th~ vertical
19 column of these tables. 1
~N,
20 C. Interpretation of Zone Use Tables.
21 1. Legend. The following letters have the followirio-,,ffleanings when they appear in
22 the box at the intersection of the colurri~,~ the row on thene use tables:
23
SYmbol Dion
PerrnJfted Use \
AdAnistrative Use
/r~~h ft "TIMY a~
Conditional Use
,
Prohi01fed Use
,
24 .
25 2 ,Qfher Reqctkrementsicable. The above uses are subject to the other
26 applica#~~,b requirements,'cttywid ~Qp, rty development standards, and applicable
27 overlay district regulations §pecifiec~'ri"the zoning code, the project review procedures
28 specified mA',"CC Title 14, thbr bwld~g and construction standards of ACC Title 15, the
29 environmentff feuiew procedUres and regulations specified in ACC Title 16, and the
30 regulations for the ~livision af land in ACC Title 17.
~
31 3. Addition~~,lse-Related Conditions. If a number also appears at the intersection
32 of the column and th~,"a'ow, the use is also subject to the additional requirements as listed
33 in the corresponding endnote immediately following the use table in the specified code
34 chapter. All applicable requirements shall govern a use whether specifically identified in
35 the zone chapter or not.
36 ( 4. Accessory Use Interpretation. The planning director or designee may determine
37 if a use that is not specifically described as accessory, is permitted as an accessory to a
38 principal use in a zone. Upon inquiry by an applicant, an administrative interpretation shall
39 ~ be made by the planning director or designee to determine if a proposed use is allowed as
40 an accessory use within the zone utilizing the purpose and intent of the zone,
41 comprehensive plan policy guidance, and the definition of accessory use contained in
42 Chapter 18.04 ACC.
Draft amendments, Administrative and Conditional Uses Page 2 of 36
Revised September 4, 2009
1 5. Prohibited Uses. If an "X" appears in the box at the intersection of the column
2 and the row, the use is prohibited in that zone. Similarly, if a use is listed in one zone use
3 table but not another zone use table, it shall be considered prohibited in the zone use
4 table in which it is not listed. For example, a use listed in the industrial zone use table of
5 Chapter 18.16 ACC, but not listed in the residential zone use table of Chapter 18.07 ACC,
6 shall be considered prohibited in the residential zones listed in Chapter 18.07 ACC even
7 though the land use does not appear with an "X" in the use table.
8 6. Unclassified Uses. Upon inquiry by an applicant, an administrative interpretation
9 ~ shall be made by the planning director or designee to determine if a proposed use not
10 specifically listed in any zone use table is allowed within a specific zone utilizing the
11 criteria in this subsection. Should an interpretation be made that a proposed, unlisted use
12 ~ not be allowed in a specific zone, the planning director or desiq~t~e shall indi~cate which
13 zones, if any, do permit the use.
14 a. Criteria for Unclassified Uses. In order to m~K6 a:~letermination that an
15 I unclassified use is permitted, administrativelypermitted,c~nditionally permitted, or
16 accessory, the planning director or desic n~ ee must fn#*at the use is;
17 i. In keeping with the intent of the;zone, bnd consistent vuith Auburn
18 comprehensive plan policies; and
19 ii. Similar in nature to, and no rndire intense;,than, specifically,iisted
20 permitted, conditional or accessory uses; and
21 iii. Consistent with subsection (C)(4)~~ ~is section, if determined to be
22 permissible as an accessory use. (Ord. 6245 § 2, 2009
23 ~
j ;
24 Chapter 18.04
25 DEFINITIONS ~ ~P
~ "
~a,'
Q ~
26 18.04.025 Administt` ~t e use. ~x;
27 "Administrative use"Mans a;e ermitted ir~ a~,zone onE after review and a roval b
28 fihe lannin director or rative uses are those which t icall have
29 same atentialf6r`im .acts i hba erties but which ma be ermitted within a
30 zone foElouvin revieW b.':;. he establish conditions miti atin im acts of the use and
31 to asst~Lo''com atibilifi \ othe( ' the zane.
\
T
32 18 04 752 Prohibrted use \
33 Prohibited' use means ause which is not specifically enumerated or interpreted by
34 the city as allowable in thatne. Any use not specifically listed as a permitted,
35 1 administrative, conionat~~r accessory use is prohibited, except those determined to be
36 unclassified and perrnitJ,by the planning director pursuant to ACC 18.02.120(C)(6). Any
37 prohibited use is illegat: (Ord. 6245 § 3, 2009.)
38
39 Chapter 18.07
40 RESIDENTIAL ZONES
41 18.07.020 Uses.
42
Table 18.07.020
Permitted Use Table - Residential Zoning Designations
Draft amendments, Administrative and Conditional Uses Page 3 of 36
Revised September 4, 2009
~ P= Permitted A= Administrative C= Conditionai Use X= Not Permitted
Land Uses Zoning Designations
R- R- R- R- R- R- R-
C 1 5 7 10 16 20
A. Residential Uses.
Accessory dwelling units P P P P Xl Xl 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
Boardinghouses (with three or more boarders) X X X C C C
Duplexes, provided that minimum lot size of zoning ;
I designation is met and subject to compliance with Chapter X X ~ P P P X
18.25 ACC (Infill Residential Standards)
( Foster care homes
P P P P P
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
Keeping household pets P3 P3 P3 P3 P3 P3
( Multiple-family dwellings
X ~ X A P P
~ X
,
Neighborhood recreational k~takldings and facilitid'sout~ined 010
I and managed by the neipt~b~~rtt~d~~omeowners P P
A A A A A
association
Renting of rooms, for lodging purposes only, to
accommodate not more thaii kwo persons in addition#o the P P P P P P P
immediate fa 3F .
Residenti l~re facili iudmg~ut not limited to
I assiste,; Ning facilities, cescenf.hames, continuing P P X X A P P
care re~I° t facilities
, 0;
Single-familj~,,ached dwelli s; new P P P P P P X
Supportive hou4i&,Aubject to'~e provisions of ACC X X X X X P P
511
18.31.160
j~.._
Swimming pools, tenni~s and similar outdoor
recreation uses only ac~ssory to residential or park uses P P P P P P P
Townhouses (attached) X X X X P P P
B. Commercial Uses.
I Commercial horse riding and bridle trails 6 X X X X X X
A
Commercial retail, included as part of mixed-use G 6 c
I development and not a home occupation in compliance with X X X X A A A
Chapter 18.60 ACC
~ Daycare, limited to a mini daycare center. Daycare center, X S G G G S S
Draft amendments, Administrative and Conditional Uses Page 4 of 36
Revised September 4, 2009
~ preschool or nursery school may also be permitted but must A A A A A A
be 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 occupa#ions subject to compliance with Chapter P P P P P P P
18.60 ACC
I Mixed-use development° X X X X G P P
P
Nursing homes X X X X C C C
I anvaeS country clubs and golf courses, excluding driving X X` c C C X X
9
Privately owned and operated parks and playgrounds and G ~ G P p
I not homeowners' association-owned recreational area ~ A" A A A
~f -
Professional offices, included as part of mixed-use
I development and not a home occupation in compliance'~iith X X" X
Chapter 18.60 ACC A A A
C. Resource Uses.
Agricultural type uses are permitted provided they are
incidental and secondary to the single-family use: yF% .
Agricultural crops and open field growing (commercial) " X X X X X
~ , ~ -r. .
Bams, silos and related structures P ; X X X X X
Greenhouses <.P X X X X X X
~ ry
Keeping of livestock (excl ~taats and swine), fowl and
rabbits; provided, that tshalf'riCSf,#~e more tharr ane
horse, cow, donkey o r large 41taial, or four small
animals such as sheep, or1?~poultr~~~ rabbits, or simil~,r size P P X X X X X
animals per each acre of en6tt~se,~~~:i'~ ture or
roaming area,,T#1Wactgage ren 5 ~dition to the
minimum lat size req'bfri~►"~ents one
y
Pasturing and grazing P X X X X X X
Public and ~ate stables P X X X X X X
Roadside sta or the sale of:>~gricultural products raised
on the premises stand cannot exceed 300 square feet P X X X X X X
in area and must r~ e appticable setback requirements
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utility Uses.
I Civic, social and fraternal clubs X X X X G ~ ~
A A A
I Government facilities x c G G G G G
A A A A A A A
I Hospitals (except animal hospitals) X X X X X ~ C
C
I Municipal parks and playgrounds G P P P P P P
A
Draft amendments, Administrative and Conditional Uses Page 5 of 36
Revised September 4, 2009
I Museums X X X X L' G c
A A A
~ 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 p P P P P P P
18.04.912(J))
Utility facilities and substations Cs Cs C6 C6 C6 Cs C6
1 1. An accessory dwelling unit may be permitted with an existing`single-family residence
2 pursuant to ACC 18.31.120.
3 2. No more than six pets allowed in the RC zone. This iimit sha11 riQt include birds, fish or
4 suckling young of pets.
5 3. No more than four pets allowed in the R1 R20 zones. This limit shall nat include
~
6 birds, fish or suckling young of pets.
7 4. Individual uses that make up a mixed-use develt must be permitted within the
quires an administrative or
8 zone. If a use making up part of a rni~ed-use develop
;re
9 conditional use permit, , the iuC\`h~i l use must apply for and
\ . .
10 receive a-the administrative or conditil~r,use ~pproval as ~ab le.
~NN y
ML
~
11 5. Proximity of pasture or livestock roam~ area to" wel{s~ surface waters, and aquifer
t
he King o~r. Pierce Couboard of health, and property
12 recharge zones is regLA ~l~z~ IV
13 owners shall comt ti~ ovisions of #he King County board of health code.
14 6. Excludes all publiCisnd privutility facilities,~ddressed under ACC 18.02.040(E).
15 (Ord. 6245 § 5, 2009 ) M~ ~
16 , j
,
17 Chaptdf 1--.F09
18 R-MHC IV~AI~., FACTUREOBILf HOME COMMUNITY ZONE
~
19 18.09.020 Use4«~a,
20
PerUse 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, P
fish, or suckling young of pets.
E Home-based daycare P
Draft amendments, Administrative and Conditional Uses Page 6 of 36
Revised September 4, 2009
I F Daycare limited to a mini daycare center, daycare center, or preschool/nursery
~A
school
1 P = Permitted Use
2 A= Use maY be permitted in district when an administrative usepermit has been issued
3 pursuant to the provisions of Chapter 18.64 ACC.
4 C= Use may be permitted in district when a conditional use permit has been issued
5 pursuant to the provisions of Chapter 18.64 ACC.
6 X = Prohibited ~
7 Also see ACC 18.02.120 for further rules on interpretation 6245 § 6, 2009.)
g
„
9 Chapter 18.22
10 RO RESIDENTIAL OFFICE AND RO-H RESIDENTIAL OFFICE-HOSPI"TAL DISTRICT
11 18.22.020 Permitted uses.
12 Hereafter all buildings, structures or parcels of land ~14"jI only be used for the following,
13 unless otherwise provided for in this tit~e
14 A. Permitted uses in RO designatio~~ ~
15 1. Art and photography studios, roc~' , ccessory sil~s;
16 2. Banks and similar financial institution ing dnv~-in facilities;
17 3. Computer sales, including service:.thati Ldo#al'and subordinate to the sales;
18 4. Duplexes, 3,600 square feet of lot ~rea per dw~elling unit is required;
~
19 5. Home-based:~aycare;=
20 6. Multiple-family dwellings; provided, t t 2 400 square feet of lot area is provided
21 for each dwellin9 unit,
~
22 7 Professional o ~s~,~ \j
23 8 ~~rI mult~ nant buI gs which were constructed p.
nor to June 15,
~ ~ o~.:., 24 1987, th tloption -f Zon ~i9Ordinance No. 4229, and were zoned C-1, to occupY
25 any ten 'tspace withi ~ e~buildin6 u~~th a use that is permitted outright within Chapter
26 18.26 AC~ `
27 9~~V~ etached sin I~-family dwelling not to exceed one single-family dwelling
28 per lot;
29 10. AccesSbry uses,1ci permitted residential uses to include residential garage,
30 guest cottage, recrej~pn ~oom, tool shed, noncommercial greenhouse and swimming
31 pool;
32 11. Keeping of not more than four household pets. This limit shall not include birds,
33 fish or suckling young of pets;.-
34 12. Personal service shops.
35
36 B. Permitted uses in RO-H designation:
37 1. Daycare limited to home-based or a mini daycare center;
38 2. Funeral homes;
39 3. Hospitals (excluding animal);
40 4. Medical and dental clinics;
41 5. Nursing homes;
42 6. Personal service shops;
Draft amendments, Administrative and Conditional Uses Page 7 of 36
Revised September 4, 2009
1 7. Pharmacies;
2 8. Professional offices;
3 9. Religious institutions;
4 10. Noncommercial municipal automobile parking facilitiesi
5 11. Other retail sales of products that support the medical communitv. (Ord. 5733
6 § 1, 2003; Ord. 4562 § 2(Exh. A), 1992; Ord. 4304 § 1(12), 1988; Ord. 4284 § 1, 1988;
7 Ord. 4229 § 2, 1987.)
8 18.22.025 Uses requirinq an administrative use permit.
9 The followinq uses may be permitted when an administrative use permit has been
10 issued pursuant to the provisions ofi Chapter 18.64 ACG:
11 A. Administrativelv permitted uses in the RO desi naq fiion:
12 1. Anv commercial use abutting a residential zone' which has haurs of operation
13 outside af the followinq: Sunday: 9:OQAM to 10:OOPM; or MondiV,- Saturday: 7:OOAM to
14 10:OOPM;
15 2. Civic social and fraternal clubs•
16 3. Davcare limited to mini daycare center, ~4y'care°center, preschools or nursery
17 schoo{s; ~
18 4. Government facilities•
I Kl
19 5. Nursinq homes;
20 6. Reliqious institutions, less than one acre laf
21 7. Restaurants, excluding driveAn facilities. mg,
22 B. Administratively permitted uses iH desiqnation f~
23 1. Any commercial use abuttinqji " resiciential zone' AN,;has haurs of operation
24 outside af the following: Sunday: 9:00AM I0 10WIul, pr Mong6 - Saturday: 7:OOAM ta
25 10:OOPM;
~a ~
26 2. Civic social a_,ft al clubs: 27 3. Da care li Wdta ~are center, "'b eschools~or nurse schoals:
28 4. Gavernm,e,"cilities;'
29 5. Restaurants ~cIudinq dnve-in facilifiLs,:
30 6. Multifamil dwe~ 8 uare fset of lot area is rovided for each
~31 dwellinq unit.;
32 IWO,,
1 ~b~
33 For the r oses of this n a r al zane is defined as an of the followin zonin
34 districts: R-C,Residential Ca ` anc ,=1 Residential R-5 Residential R-7 Residential R-10
35 Residentiaf ~-\1.6 Residential' ;W20 Residential• R-MHC Residential Manufactured Home
36 Communitv. 44,111111
37 18.22.030 Uses requirinwa conditional use permit.
38 The following uses mdy be permitted when a conditional use permit has been issued
39 pursuant to the provisions of Chapter 18.64 ACC:
40 A. .
41 . QViG, ;
42 . , dayGaFe ,
43 ssheeEs;
44 . Geyefflment ' ;
45 A, AIUrninn homes•
f
46 . ;
47 6-.Religious institutions3 one acre or larger lot size. ;
48 7 RostaUranfo ovnlurlin`v i{rirm_.in f.snili{ioc>
,
49 B. .
Draft amendments, Administrative and Conditional Uses Page 8 of 36
Revised September 4, 2009
1 . DayraFe, , ;
'Z 2. l,nvcsrrarnent 4onilitiec;
3 . Multifamily , PFOyoded ,
4 davelling unfflt;
5 . RestaWaRtG, ,
6 . ' . (Ord. 4562 § 2
7 (Exh. A), 1992; Ord. 4229 § 2, 1987.)
8
9 Chapter 18.24
10 C-N NEIGHBORHOOD SHOPPING DISTRICT
11 18.24.025 Uses requirinq an administrative use permit
12 The followinq uses max be permitted in a C-N district where an adrninistrative use
13 ermit has been issued ursuant to the rovisions of ater 18 64 ACC:
14 A. Any commercial use abuttinq a residential zooewNch has hour~Aoperation
15 outside of the fallowinq: Sundav: 9.OOAM ta 10 KP
M; or Manday - Saturdby. 7:QOAM to
16 10:OOPM:
17 B. Civic social and fraternal clubs
18 C. Da care limited to mini da care da care cente %0schaols or nurse schoois;
19 D. Drive-in facilities, including banks:and restaurants; .
20 E. Government facilities-
21 F. Li uar servin establishments ravid6he are secon~ .46 a restauran# use and
22 limited to on-premises consumption;
23 G. Reliqious institutions; less than one acre lot siziq ;
24 H. Restaurants and other ea#ing estabNshments with a-seating capacity of more than 25
25 seats.
Al"
26
27 ~ For the purposes of thi~ gpction; i residential zone
~--i5 defined as any of the following zoninq
28 districts: R-C Rasidential Cans6cvar1N "-1 Residenffal. R-5 Residential, R-7 Residential. R-10
29 Residential MIResi,ential €R-20 Residential: WMHC Residential Manufactured Home
30 Communit
41~~~ '
lI~/ x,~,.,..
31 18 24 fl~,~ ses requirirt~~, condrf~i~t~al use permit.
32 Th
e fot~g uses may~~~:permi6d in a C-N district where a conditional use permit
33 has been issjU64 ~pursuant t61the provisions of Chapter 18.64 ACC:
34 A. ~ °
35 . , ;
36 . ;
37 B-6evernme~#-#as~
38 E. ,
39 ;
40 ~-Religious institutions: one acre or larger lot size;
41 G.
42 seats. (Ord. 4229 § 2, 1987.)
43
Draft amendments, Administrative and Conditional Uses Page 9 of 36
Revised September 4, 2009
1 Chapter 18.26
2 C-1 LIGHT COMMERCIAL DISTRICT
3 18.26.020 Permitted uses.
4 Hereafter all buildings, structures or parcels of land shall only be used for the following,
5 unless otherwise provided for in this title:
6 A. Art, music and photography studios;
7 B. Automobile parking facilities;
8 C. Bakery and pastry shops, products made must be sold at retail on premises;
9 D. Banking and related financial institutions, excluding drive-in facilities;
10 E. Bowling alleys;
11 F. Caretaker apartmenfi ~W
12 G. Civic, social and fraternal clubs;
13 H. Daycare, including home-based, mini daycare, daycare cen~ r, preschools or nursery
14 schools; 01,;.
15 I. Delicatessens;
16 J. Dry cleaning and laundry services; 17 K. Funeral homes;
y, s
18 L. Grocery stores,
19 M. Hobby shops,
20 N. Hospitals, to include small animal, but does not allow outside runs or kennels;
21 O. Hotels;
22 P. Laundry, self service;
23 Q. Liquor store;
24 R. Massage parlors; %
25 S. Meeting rooms and/or reception facil~`~s, ~26 T. Motels; , ~te 0%°"
27 U. Newsstands;
K~'
28 V. News syndicate secvices,
29 W. Nursing home;
30 X. Personal service shops;
31 Y. Pharmadi ~
32 Z. Prir~~~~g,~ and p~~l~ g. .
33 AA ,„r'~ifessional offi
34 BB: R`t~to and televisi oadcasting studios;
35 CC. RetaiNtores and sh , ys, including department and variety stores which offer for
36 sale the followi~ir~~ and simil~"related goods:
37 1. Antiq~~s~~
38 2. Art supp~i~'':
39 3. Automobile~:= - s and accessories, excluding service and machine shops,
40 4. Baked good` ,
41 5. Beverages,
42 6. Bicycles,
43 7. Books and magazines,
44 8. Candy, nuts, and confectionery,
45 9. Clothing,
46 10. Computers,
47 11. Dairy products,
48 12. Dry goods,
49 13. Flowers and house plants,
50 14. Fruits and vegetables,
Draft amendments, Administrative and Conditional Uses Page 10 of 36
Revised September 4, 2009
1 15. Furniture and home furnishings,
2 16. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper and
3 related goods,
4 17. Home garden supplies,
5 18. Household appliances,
6 19. Household pets,
7 20. Housewares,
8 21. Jewelry and clocks,
9 22. Meat, fish and poultry, preprocessed,
10 23. Notions,
11 24. Office supplies and equipment,
12 25. Photographic equipment, including finishing, .
13 26. Radio, television, and stereos,
14 27. Shoes,
15 28. Sporting goods,
16 29. Stationery,
17 30. Toys;
18 DD. Religious institutions; ~
19 EE. Restaurant, including outdoor seating, b~~w luding ±~rive-in facilities:~~~le of
r
20 alcoholic beverages is a secondary use and is pdmises consumption;
21 FF. Schools, including art, business, barber, beauf , ~ncing, martial arts and music;
22 GG. Secretarial services;
23 HH. Theaters, except drive-in;
24 ~ II. Other uses may be permitted by th~ ~(anning director or ~ 1 nee if the use is
25 determined to be consistent with the inten~ of the zt~~te and is O~the same general
26 character of the uses permitted in this secfi
27 JJ. Apartments, within ~;th Auburn Business Areei as established by Resolution
building and at least 50 percent of the
28 2283, provided they aroloc0, a multistory
29 gross floor area of round fl"~ir must contain a permitted use or combination of uses,
30 other than parking, as ir~t~ in t~ section. The re~naining 50 percent (or portion thereof)
io„
31 of the ground floor may b4l~t~~~rt~d"ndlti,Qnally permitted uses, lobby area,
32 recreation, or oth4:~,s~s ne~#3,~i to mai~~~i"<the building. There are no minimum lot area
33 per dwellingunit de'~t~~#~';palcufto apply to determine the maximum number of
34 dwellint~ units allowed, r~ther, deri ~all be limited by the application of other required
35 development regulations 16~~ie pro al including, but not limited to, off-street parking,
36 setbacks, and landscaping;~~: °
37 KK. Mixed' Use Developr':ent provided that each use is a permitted or conditional use
38 within the zone, ~~n ~
;
W,,~~~ ~
39 LL. Multiple farl p~iings as part of a mixed use development provided that
~
of Ilowing is demonstrated:
40 compliance to all '
41 1. Multiple farri~y dwellings shall only occur concurrent with or subsequent to the
42 development and construction of non-residential components of the mixed use
43 ~ development; anci,
44 2. Applications for mixed use development inclusive of multiple family residential
45 dwellings shall include transportation and traffic analyses appropriate to the type and scale
46 of the proposed development based on the concurrent determination of the pRlanning
47 Di-ester-director and Gi#-y-ciEp
g+iewen_, icLneer. The Plan n 4figplanninq Gr*esteF-director
48 and Gi#-y-ci~€ng+Reer-engineer may require the analysis to address, including but not
49 limited to, AM or PM traffic impacts; and/or area circulation planning for motorized and
SO non-motorized modes of travel and connectivity; and/or Transportation Demand
51 ~ Management (TDM) stra#egies;
Draft amendments, Administrative and Conditional Uses Page 11 of 36
Revised September 4, 2009
1 ( -afid;
2 3. Applications for the mixed use development inclusive of multi-family residential
3 dwelfings shall include written and plan information demonstrating compliance to
4 applicable design standards for mixed use development contained in the City of Auburn
5 Multi-Family and Mixed Use Design Standards;
6 -and;
7 4. Applications for the mixed use development inclusive of multi-family residential
8 dwellings shall comply, as applicable, with the neighborhood review meeting requirements
9 ~ of ACC 18.02.130 (Neighborhood Review Meeting}:~
10 5. Mixed use development comprised of a maximum of one building on a
11 development site shall have the entire ground floor comprised of one or more commercial
12 retail, entertainment or office uses that are permitted outright or conditionally, provided
13 that uses normal and incidental to the building, including but not limited to, interior
14 entrance areas, elevators and associated waiting areas, mechanical rooms, and
15 garbage/recycling areas, may be allowed on the ground floor, except that non-street
16 frontage vehicle garages located on the ground floor tdgether with a11 other normal and
17 ~ incidental uses shall occupy a maximum of 50 percent ohhe ground floQr space;~.-and
18 6. Mixed use development that is geographically distributed on a deuelopment site
19 amongst two or more buildings shall have a minrriitim of fifty (50) percent of flie'cumulative
20 building ground floor square footage comprised of on~ or tp6r`~-:,commercial retail,
21 entertainment or office uses that are permitted outrigH t~r, conditionally1.-
22 MM. Brew pubs;
23 NN. Household oods stora e rov y~#he followin re ments are met:
24 1. No more than two main entrar~e~:' r exits to t°~ din and access to the
25 individual stara e areas shall be from the-~nsid"'F h,;buildin ~
26 2. Landscapinq and architecturaf irrigro~ri~uired to ensure compatibilitv
27 with present and patential:~1.j uses in the v«aaffi. y"
28 -(Ord. 6253 § 1, Ord.-v666 ~%~~,;°,2002, Ord. 4547 § 4( xh. B), 1992; Ord. 4229 § 2,
29 1987.)
,
, 30 18.26.025 Uses requirinq tt,at ~
~rn~nlls#ra#iveu" permit.
31 The followsnd t~sbsmay b~ 6ermitted rtih6rVan administrative use permit has been
32 issued pu'uant ta thvisioris,,,o,f Chapter 18.64 ACC:
33 A. fi,.e~ ommercial buttirt , esidential zone' which has hours of o eration
34 outsr~e .A;e followin :!~A a: 9. OAM ta 10:OOPM• ar Monda - Saturda : 7:OOAM to ,
VII
35 10:00PM
36 B. Arcade ~
37 C. Automobi s andAeasin new and/or used includin li ht ick-u trucks and
38 vans but not inclu `..re,- wational vehicles or heav trucks rovided the follawin
39 reauirements are
40 1. The business shall be located on a major arteria[ as defined by the city traffic
41 Ip an;
42 2. No repairinq, paintina or body work shall be canducted outside of a buildinq;
43 3. If abutting an R zone, a sight-obscuring fence or landscape screen shall be
44 required;
45 4. A minimum af a 25-faot setback shall be required of any buildinct fram any R
46 zone;
47 5. Other landscaping ar architectural improvements mav be required to ensure
48 campatibility with present and potential C-1 uses in the vicinity;
49 D. Autornobile service stations, provided they are located at the intersection of two
50 streets one af which must be an arterial;
Draft amendments, Administrative and Conditional Uses Page 12 of 36
Revised September 4, 2009
1 E. Dance ha!!s:
2 F. Drive-in facilities, includinq banks and restaurants;
3 G. Government facilities, excluding offices and related uses that are permitted outright.
4
5 ' For the purposes of this section, a residential zone is defined as any of the following zoninq
6 districts: R-C Residential Conservancv, R-1 Residential, R-5 Residential, R-7 Residential, R-10
7 Residential R-16 Residential R-20 Residenfial• R-MHG Residential Manufactured Home
8 Gommunitv.
9 18.26.030 Uses requiring a conditianal use permit.
10 The following uses may be permitted when a conditional use permit has been issued
11 pursuant to the provisions of Chapter 18.64 ACC: .
12 A. Ar+3ades;
13 B. , , ' inGluo 15 .
16 .
17 plaw, ~
18 . , ;
19 .
,
20 r;quiFed- ~
21 . yy,
22 zene; yl % 60\,\,,..
24
25 C. .
26 ,
r,
27 D. Danre ~j
28 E. O .
,
29 ~ ;
30 G-.-&e~ ~~421 ~
31 M-Utility sul~~a~ s ;
32 . .
33 ~ ~
34 ~4'~,ide ef the building;
35 . 1
36 ' ' ( ' ' i . (Ord. 6253 § 1, Ord. 5383 § 1, 2000;
37 Ord. 4547 § 4B), 199 ; Ord. 4265 § 1, 1988; Ord. 4229 § 2, 1987.)
38 39 Chapter 18.28
40 C-2 CENTRAL BUSINESS DISTRICT
41 18.28.020 Permitted uses.
42 Hereafter, all buildings, structures, or parcels of land shall only be used for the following,
43 unless otherwise provided for in this title:
44 A. Apartments, provided they are located in a multistory building the ground floor of
45 which must contain a permitted use as listed in subsections B through HH of this section.
46 No density limitations shall apply;
47 B. Art, music and photography studios;
Draft amendments, Administrative and Conditional Uses Page 13 of 36
Revised September 4, 2009
1 C. Automobile parking facilities;
2 D. Bakery and pastry shops; products made must be sold at retail on premises;
3 E. Banking and related financial institutions. For drive-in facilities see ACC
4 18.28.030(C);
5 F. Caretaker apartment;
6 G. Civic, social, and fraternal clubs;
7 H. Daycare, including home-based, mini daycare, daycare center, preschools or nursery
8 schools;
9 I. Delicatessens;
10 J. Dry cleaning and laundry services;
11 K. Grocery stores;
12 L. Health and physical fitness clubs, 13 M. Hobby shops;
14 N. Hospitals, to include small animal, but does not allow,outside;.runs or kennels;
15 O. Hotels;
16 P. Laundry, self service;
17 Q. Liquor store; ~ 18 R. Massage therapy;
19 S. Meeting rooms and/or reception facilities~~~~
20 T. Motels; y~~~~
21 U. Newsstands;
22 V. News syndicate services;
23 W. Nursing homes;
~ih N
24 X. Personal service shops;
25 Y. Pharmacies; ;
26 Z. Printing and publishing; 27 AA. Professional offices;kc~ I28 BB. Radio and tele~ ~~on brc~46casting studios;
29 CC. Retail stores~~ : hops, ni(~~" luding department and variety stores which offer for
30 sale the following and ~%~I~r reld goods:
31 1. Antiques, Jell
32 2. s;
~
33 3Automobile p"'q~ts an~ essories, excludes service and machine shops;
34 4 ,Baked goods, ;
35 5 Beverages,
36 6 Btbycles;
37 7. Books,;,and magazines;
38 8. Candy, nuts, and confectionery;
39 9. Clothing;
40 10. Computers, ~
41 11. Dairy products;
42 12. Dry goods;
43 13. Flowers and houseplants;
44 14. Fruits and vegetables;
45 15. Furniture and home furnishings;
46 16. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper and
47 related goods;
48 17. Home garden supplies;
49 18. Household appliances;
50 19. Household pets;
51 20. Housewares;
Draft amendments, Administrative and Conditional Uses Page 14 of 36
Revised September 4, 2009
1 21. Jewelry and ciocks;
2 22. Meat, fish and pouitry, preprocessed;
3 23. Notions;
4 24. Office supplies and equipment;
5 25. Photographic equipment, including finishing;
6 26. Radio, television, and stereos;
7 27. Shoes,
8 28. Sporting goods;
9 29. Stationery;
10 30. Toys;
11 DD. Religious institutions;
12 EE. Restaurants, including outdoor seating. For drive-in facilities; s`~ee ACC
13 18.28.030(C). Sale of alcoholic beverages is only allowed purs'dant to ACC 18.04.805;
s and music;
14 FF. Schools, including art, business, barber, beauty, dan~ing;' rnartial art
15 GG. Secretarial services;
16 HH. Theaters, except drive-in;
17 ~ II. Other uses may be permitted by the planning director or designee i# the use is
18 determined to be consistent with the intent of th~~one and is of the same general
19 character of the uses permitted in this section,
20 JJ. Commuter rail stations and bus transfer statid* ;
21 KK. Commercial recreation. Outdoor recreation areas may be allowed but must be part
22 of and incidental to the principally perr~gted commercial recreation use. The outdoor area
23 can be no larger than 25 percent of thet~aot area of the bu'~~g of the associated
24 commercial recreation use. The entire p fi~i~i~ter,~f the outdo~~r~~reation area must be 25 landscaped with a five-foot width of Type11 Iands~Capira pursuant to ACC 18.50.040(C)
26 unless existing building walls are used;
27 LL. Brew pubs; ,
28 MM. Apartments, na„densitjIii , hitations are ~pplied. The first floor of any apartment
29 buildin that has frca ae on Mau~~>:Street shall °ntain a use other than residential or
30 arkin which is othervi+ltq, ermItted b the C- Ubrie. Onl that ortion of the first floor
31 that fronts on Main Street'r~~eds~ft t~ ~oo. ie A the nonresidential use. All a artment
32 proiects on M4st~ Sfreex must rtleet thes~uirements and then will be considered a
33 permittec! iase and theib6fore a 66''nditianal use permit is not reauired. (Ord. 5555 § 1, 2001;
34 Ord 5510§ 1, 2001; Or ; 193 § 1, 98; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
0.
35 18.28.025 b' ` re uirin i~ administrative use ermit.
36 The followih" ses ma li:' ermitted when an administrative use ermit has been
37 issued pursuanf t~3 e arou,~~ions of Chapter 18.64 ACC:
38 A. An cammer5 & ''abuttin a residential zane' which has hours of o eration
39 outside of the followd unday: 9:OOAM to 10:OOPM; or Mondav - Saturday: 7:OOAM to
40 10:QOPM;
41 B. Arcades;
42 C. Drive-in facilities, including banks and restaurants. No drive-in facilities shall be
43 allowed vehicle access to or from Main Street:
44 D. Government facilities, this excludes affices and related uses that are permitted
45 outright;
46 E. Any expansion of the spaceL volume, area or facilities of any automobile repair,
47 maintenance or service automobile service station or car wash business that existed
48 before the effective date of Ordinance No. 5555. Any such expansion must be physically
49 cannected to the existing business, must be contained within the same lat or adjusted lot
50 as the existinq business and cannot be separated by a street or alley;
Draft amendments, Administrative and Conditional Uses Page 15 of 36
Revised September 4, 2009
1 F. Gasoline dispensinq facilities for passenqer vehicles, provided the fallowinq
2 requirernents, which supersede the requirements of ACC 18.28.050(F), are met. These
3 facilities are not intended ta be the same as or allow for an automabile service station as
4 defined by ACC 18.04.140:.-
5 1. The facility must be accessorv to an existinq retaillservice establishment in
6 which the principai tenant has a minimum floor area of at Isast 25.000 sauare feet. The
7 principal tenant must awn andlor manaqe the facility. The facility must be located on the
8 same parcel of qroperty as the principal tenant and the propertv must be at least 100,000
9 sauare feet in area.
10 2. The facility must be lacated on the property ta minimize the amount of conflict to
11 the pedestrian traffic. „
12 3. The facility must be (ocated on and have direct acces~y~h,,;arterial usinq
13 existin curb cuts and drivewa s whenever ractical. If the c:. _.,.~uts and drivewa s do nat
14 meet current city standards then they shall be brought up t~~ ,standards.
15 4. The facility cannot interfere with the existinq pa~nq antraffic circulation an
16 the ra ert . There shall be ennu h raom on the roerk to allaw fe uate stackin
17 s ace for vehicles waitin far fuel in order to avoid rs interferin wittf" icles an the
18 street. The facilit cannot reduce the amount of ~kin re uired b the z`"iri code.
19 5. The facility shall have a raof that ca~~~{! activittes includinq the p~y window,
20 refuse containers, fuel pumps and the adjacent pai~king area f'6r.,the cars beinq fueled. The
21 area that is covered bv the roof af the facility shall be rtg,~rqer than 6,000 square feet.
22 The number ofi pumqs shall be limitet~~tc~ five such fihat n6irn~gre than 10 vehicles maybe
23 fueled at any one time.
24 6. Columns or similar architectu -fs shall be ro 6d that screen the
25 visibilit of the um islands as well as iVe th"~jm ressi~n ofenclosin the
26 structure. Ifi necessa rovisions must be ad6~ o'ar~fet issue of enclosin an
27 fumes associated with th2' fuc:Eing of the vehl6lbs. The av+li height of the facility shall not
28 exceed 20 feet
29 7. The desi n rchitectu': treatment Jhd streetsca e features of the facilit must
30 be consistent with the desi n cort~g ts as outh "'in ara ra h"P" af Section 1.4 of the
31 downtown plan as well as~EW~ dest~n,~: antinuity between the facility and primarv
32 structure
33 8. A fiive-foa t of T'e 1J1 landsca in shall be rovided alon the street
34 fronta that the faciy : oriented,to:
35 ' 9other rodu~tr~ for sal 'w§hall onl be dis la ed within the buiidin containin
36 the a wi b`' . and an s6ch radticts shali be incidental to automobile
37 care/mainten or snackg::and bevera es. No sales of alcoholic bevera es will be
38 allowed. 3
39 10. Siqns s~e;tfmited to permanent wall siqns, attached ta the face of the
40 canapy, onlLr.
41 11. The applic~tion for the conditional use permit shall illustrate how it complies
42 with these standards. (Ord. 5555 § 1. 2001; Ord. 5510 § 1, 2001; Ord. 5383 _ 1,000;
43 Ord. 5193 § 1, 1998; Ord. 4914 § 1, 1996: Ord. 4229 4 2, 1987.)
44
45 ~ For the purposes of this section, a residentiaC zone is defined as any of the followin4 zonina
46 districts: R-C Residential Canservancy. R-1 Residential. R-5 Residential. R-7 Residential, R-10
47 Residential, R-16 Residential, R-20 Residential; R-MHC Residential Manufactured Home
48 Cammunitv.
49 18.28.030 Uses requiring a conditional use permit.
Draft amendments, Administrative and Conditional Uses Page 16 of 36
Revised September 4, 2009
1 The following uses may be permitted when a conditional use permit has been issued
2 pursuant to the provisions of Chapter 18.64 ACC:
3 A. ApaFtFnents, .
4 ,
5 paFking, •
6 .
7
8 ;
9 B-Ar-Gades;
10 C. , •
11 ;
12 D. GovernFnent ,
13 eUtfight;
14 E. B.-e,., .,utis.
,
15 F-.-Utility substations_;
16 G.ARyexpanSieF , , ~
17 7
;
. ~ . , . phySiGally
18
rnust, 19 ,
radjuste
20 \ yk 5
21 H. N
.
, . These
22 . .
~ .
23
24 . .
25 . .
26 •
27 ty~
28 ,
29 sccc #ea+ re„ carc~ , ~
30 . i
31 ped8S#+aR-tfa#+G.
32 .
; ,
33 ~
34 ' •
35 . \
36 ~
37
38 . ~
, . . . . . }
39 ' ' ;=Fefuse
40 oontaw
•
41 , • The
42
43 at-aRy-~e~ae-time:
44 .
45 •
46 ,
47 •
48 n.,,.edd 20 foo+
49 . T-he ,
SO " " •
Draft amendments, Administrative and Conditional Uses Page 17 of 36
Revised September 4, 2009
1 ' w+
2 StFUstUFe.
3 .
4 .
5 .
6 ,
7 . .
8 10. , ,
9 anly-.
10 11.
11 ##es° c(Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord 83 § 1, 2000; Ord.
12 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.) O
13
14 Chapter 18.29
15 DUC DOWNTOWN URBAN CENTER DISTRICT
16 18.29.053 Uses/activities requirinp an admifristWtive use permit.
17 The followinq uses/activities may be permitted Ai3n. an atlrninistrative us~ permit has
18 been issued pursuant to the provisions of Chapter 18.64 ACC.
19 A. Expansions of existinq autamabile maintenance and'repair businesses;
20 B. Expansians of existinc~gasoline s1:6tion.s;
21 C. Animal da care businesses that fe" oar exercis' ;:as and/or kennels.
v
'k.,
0 ~ ~~o : J
Oi
~`~ii~;-,
c~t~~ .~n
H~f~
lb~~...
x
j
Draft amendments, Administrative and Conditional Uses Page 18 of 36
Revised September 4, 2009
1 I 18.29.055 Uses/activities requiring a conditional use permit.
2 The following uses/activities may be permitted when a conditional use permit has been
3 issued pursuant to the provisions of Chapter 18.64 ACC:
4 A. .
S B. .
6 C. .
7 D.
g 4 t2 7Q f17f1/f''\ iho+ rlnoc nnt rosu1t in a GA R i.f 0.75 nr nrnotor.
9 E-. Any development project that seeks to deviate from any development standard listed
10 in ACC 18.29.060. (Ord. 6071 § 6(Exh. A), 2007.)
11
12 Chapter 18.30
13 C-3 HEAVY COMMERCIAL DISTRICT
14 18.30.025 Uses reauirinq an administrative use permit.
15 The followin uses ma be ermitted when an 6dministrative use ermi,,:
t been
,y .
16 issuedpursuant ta the provisions of Chapter 18 6~~~A%.#,C: .
17 A. Any commercial use abuttinq a residential zone' whfich has hours of operation
18 outside of the followinq: Sunday: 9:QQAM to 10:OOPM; or lUlonday - Saturday: 7:OOAM to
19 10:OOPM:
20 B. Multi le-famil dwellin s; rovided "'AW~ 0 s uare feet of iot area is rovided far
21 each dwellinq unit; 3
22 C. Govemment facilities, this excludes Kft~ces,, t~ ses that are permitted
23 outricL,ht
24 D. Miscellaneous liqht manufacturinq mcludinq toys aewelry, ceramic, musical
25 instruments and simwNar,-oraducts,,~'apparel and other finished products made from fabrics.
26 leather, and similar mat~W'als manufacturin of aN° ~fessiona! scientific and controllin
27 instruments such as phot~:and optical. c~q ods, wg ch and clock manufacturing, and similar
28 roducts w' les of roducts manctfadtured on the remises•
29 E. Nur hom > :
30 Ord. 5 4 2004 Wd~ . 9101~1_ 96Ord. 4590 5 Exh. D 1992• Ord. 4283 1
31 1988 229 2.19
~f
32
33 ' For the purp&o„s;.of this secti a residential zone is defined as any of #he fallowing zoning
34 districts: R-C Res~ tial Con vanc R-1 Residential R-5 Residential R-7 Residential R-10
35 Residential, R-16 96ftntEa;h%, -20 Residential; R-MHC Residential Manufactured Home
36 Communitv.
37 18.30.030 Uses requiring a conditional use permit.
38 The following uses may be permitted when a conditional use permit has been issued
39 pursuant to the provisions of Chapter 18.64 ACC:
40 A. Apartments; PFOY'ded, that ,
41 t+44W,
42 B. GoveFnment ,
43 etFig#t;-
44 C. , jeweky, ,
45 , i ,
46 leatheF, , , seientifiG,
Draft amendments, Administrative and Conditional Uses Page 19 of 36
Revised September 4, 2009
1 , , nd-s+ra+#a~
2 produGts, ;
3 D--Nur-s+n9 n h
-
4 €-Semi-tractor and trailer sales;
5 F-B. Utility substations;
6 FC. Heliports;
7 MD. Work release, prerelease or similar facilities offering alternatives to imprisonment
8 under the supervision of a court, state or local government agency, and meeting the
9 standards established under ACC 18.48.090. (Ord. 5835 § 4, 2004; Ord. 4910 § 1, 1996;
10 Ord. 4590 § 5(Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2, 1987.)
11
12 Chapter 18.32
13 M-1 LIGHT INDUSTRIAL DISTRICT
14 18.32.020 Permitted uses.
15 Hereafter all buildings, structures, or parcels af Iand in qn M-1 light industrial district
16 shall only be used for the following, unless othese provided for in this title:-~
17 A. Automobile service and repair;
18 B. Automobile washes;
19 C. Banks and financial institutions,
20 D. Building and construction contract~~r services;
21 E. Caretaker quarters, not more than per establishme"f~~~%
22 F. Cold storage plants;
23 G. Daycare, including mini daycare cenYers, d~~~c~rs c~nters, preschools or nursery
24 schools;
25 H. Equipment rental,arid~febsirtg;
75,
26 I. Gasoline filling stAtion,
27 J. General offices, ~ 28 K. Health and physicalItC, e,sS ~lft k
29 L. Horticul#prai r~urs.eries, e ~~I~ading It'~nixing;
30 M. Household mbvet's, and st,vr~~e;
31 N Janitorial services;
32 O'Job training and vocafianal re dibilitation;
33 P. Manu*uring, assembling and packaging of articles, products and merchandise
34 when condu.entirelywithiin an enclosed building;
35 Q. Mini-storaY~~~Warehouses;
36 R. Motels and h~~~
37 S. Multiple-family Y~ ~~lings, provided they are located in a multi-story building the
38 ground floor of which~nust contain one of the following uses listed in subsections (C), (J),
39 (K), (T), (W), (X), (Z) and (AA) of this section. The ground floor may contain entrance and
40 lobby areas which serve the dwellings;
41 T. Personal service shops;
42 U. Printing, publishing, and allied industries including such processes as lithography,
43 etching, engraving, binding, blueprinting, photocopying, and film processing;
44 V. Research, development and testing;
45 W. Restaurants;
46 X. Retail sales of all types;
47 Y. Retail sales and rental of automobiles, trucks, motorcycles, recreational vehicles and
48 boats;
Draft amendments, Administrative and Conditional Uses Page 20 of 36
Revised September 4, 2009
1 Z. Reupholstery and furniture repair;
2 AA. Smail appliance repair;
3 BB. Warehousing and distribution facilities, to include wholesale trade not open to the
4 general public. This includes motor freight transportation as an incidental use but
5 specifically excludes motor freight transportation as the principal use of the property;
6 CC. Other similar uses and accessory uses and buildings appurtenant to a principal use
7 ~ which the planning director or designee finds compatible with the principal permitted uses
8 described in this chapter and consistent with the purpose and intent of the M-1 zone;
9 DD. Sexually oriented businesses as provided in Chapter 18.74 ACC;
10 EE. Commercial recreatian, includinq animal race tracks. (Ord. 6120 § 1, 2007; Ord.
11 6033 § 1, 2006; Ord. 5863 § 1, 2004; Ord. 5835 § 5, 2004; Ord. 4910§ 1, 1996; Ord. 4294
12 § 1(15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.)
13 18.32.030 Uses requirinq an administrative use permit .
14 The fallowinq uses may be permitted when an adminitive " permit has been
15 issuedpursuant to the provisions of Chapter 18.64 ACC;
16 A. Auction houses, excluding animals; ~
17 B. Government facilities•
18 C. Religious institutians, to be located in existing facilities only.
19 18.32.040 Uses requiring a conditional use permiC~11~,ffl:
20 The following uses may be permitted when a conditiollWqse permit has been issued
21 pursuant to the provisions of Chapter 1$164 ACC:
.
22 A. , ,
23 B. ,
24 G. GoveFnment ;
25 9-Heliports;
26 €B. Radio and television tr6nitting towett, '
27 FC. .
,
28 6-Utility substafions, ~i~~~ess c,T~ ,
arly incidental d part of a permitted use. Then the
29 substation shall be permitted jirigt~t,,
30 ~ MD. Worl~ rerele4se;or similarfacilities offering alternatives to imprisonment
3 1 un der t h ~upervisit~~~ f'ya couft~`s#a te or loca l governmen t agency, an d mee ting t he
32 stand~ 0 established 66cler ACC '"f 8,48:090;
33 community trai~sition fa+cilities meeting the standards established under ACC
34 18.48.150`" :>-Chapter 71 64;RCW: (Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863
35 § 3, 2004; 0 835 § 6, 2664; Ord. 5690 § 1, 2002; Ord. 4910 § 1, 1996; Ord. 4590 § 6
36 (Exh. E), 1992; C}~d,,4304 (17), 1988; Ord. 4229 § 2, 1987.)
i ~
37 z
38 Chapter 18.33
39 ENVIRONMENTAL PARK DISTRICT
40 ( 18.33.030 Uses requiring a conditional use permit.
41 The following uses may be permitted when a conditional use permit has been issued
42 pursuant to the provisions of Chapter 18.64 ACC:
43 A. Radio and television transmitting towers;
44 I B. Religious . . . . . . . . . ;
45 C:-Utility substations, unless clearly incidental and part of a permitted use. Then the
46 substation shall be permitted outright. (Ord. 6036 § 10, 2006.)
Draft amendments, Administrative and Conditional Uses Page 21 of 36
Revised September 4, 2009
1 18.33.050 Supplemental development standards.
2 Supplemental development standards in an environmental park district are as follows:
3 A. All activities shall be conducted entirely within a building except as follows:
4 1. Horticulture activities.
5 2. Outdoor storage associated with light manufacturing uses pursuant to ACC
6 18.33.020(K).
7 3. Refuse containers, provided they are screened from adjoining property and
8 public or private right-of-way with a masonry fence and a five-foot width Type I II
9 landscaping.
10 ~ 4. Uses listed as requiring an administrative or conditional use permit which require
11 some outdoor activity or display.
12 B. All odors, noise, vibrations, heat, glare, or other emissionsvpre controlled within the
13 confines of a building.
14 C. Loading and unloading docks shall not be visible from the street.
15 D. Mechanical equipment on rooftops shall be sited and desigh6d;to minimize noise and
16 effectively screen the equipment from view from adjace,.nt properties~a'nd rights-of-way.
17 The following methods, or a combination thereof, rnay be'used:
18 1. Set back from the roof edge to obscure visibility from below;
19 2. Integration into the building architecture, using building walls, roo~~eiis or roof
20 parapets to conceal the equipmenfi
21 3. Equipment enclosure or sight-obscuring fencing' or landscaping;
22 4. Overhead trellis or roof to ob ure visibility frorrt above.
23 Materials used to screen mechanica~~qu!~ment shall be i~~ same as or compatible with
24 the design of the principal structure. ~.~25 E. No on-site hazardous substance pra~essin~~andling, or hazardous waste
26 treatment and storage facilities, shall be pe~nitted; un~~ss,c~early incidental and secondary
27 to a permitted use. On-site hazardous wast~"treatment a~i~ storage facilities are
28 prohibited. (Ord. 6036 § 10, 2006.)
29 /
30 Chapter 18.34
31 M-2 HE)WY INDUSTR~~L DIST#3~~T
~32 18.3dses reauiririg=an adr46istrative use permit.
.
33 The fal(c~V~ina uses may b6,permitted when an administrative use permit has been
34 issued pursukt to the provrft"' ns of Chapter 18.64 AGC:
35 A. Commercia6 laundries~°~~
36 B. Commercial r6oneatEoh. includina animal race tracks;
37 C. Drive-in theater~~; `38 D. Government facilities;
39 E. Motels;
40 F. Processinq or pulping of wood ar other fibers;
41 G. Taverns;
42 H Warehouse sales open to the public must have a minimum of 50,000 square feet of
43 floor space.
44 18.34.040 Uses requiring a conditional use permit.
45 The following uses may be permitted when a conditional use permit has been issued
46 pursuant to the provisions of Chapter 18.64 ACC:
47 A. Animal and food processing including the following:
Draft amendments, Administrative and Conditional Uses Page 22 of 36
Revised September 4, 2009
1 1. Animal slaughtering;
2 2. Curing, canning, freezing, and processing of ineat and seafood;
3 3. Pickling and brine curing;
4 4. Rendering of animal or fish grease or tallow;
5 5. Tanning and dressing of hides;
6 B. Asphalt batch plants;
7 C. Auction houses, including animals;
8 D. Automobile wrecking and salvage;
9 E. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum, gas and
10 similar products, unless clearly incidental and secondary to support a principally permitted
11 use;
12 F. Bulk storage of explosives and fireworks;
13 G. CommeFGial 4 ;
14 H. COMMeFGial
15 IG. Concrete mixing and batching plants, including ready-mix cortcrete facilities;
16 1, I"lriiio_in the.++ors• ,
r
17 K. GovernrAent • ,
, 18 LH. Heavy metal processing, including blast fur~aces, drop forges, and similar heavy
19 metal operations;
20 ML Heliports;
21 I NJ. Manufacture of:
22 1. Ammunition and explosives%\~&,
23 2. Paving and roofing materialher products fr~etroleum derivatives;
-
24 9-A~IeteEs= ~
;
25 P. ' ' ~ ` .
26 QK. Radio and television transmitting towers,; ~~~27 L. Rock crushing
28 SM. Refining of matenals s,~~,s petroleum, metals and ores, fats and oils,
6t~ the stor~e of inetals, paper, glass, rags, building materials, and
29 TN. Salvage yard6lf
30 similar activities;
31 UO. Solid waste process~i~~,~a~~ilt~i;
32 V. TaV__1j
33 WP. Uttlify subsunlesarly incidental and part of a permitted use. Then the
34 substa`tshall be perrrii#t~d outrigt~~~~
35 ,
36 €leeF spase; 37 YQ. Off-site:hazardous w~ste treatment and storage facilities subject to compliance with
38 the state siting critetria (Cha~ter 70.105 RCW);
39 ~ zR. Secure com~4 ~\ty;4ansition facilities meeting the standards established under
40 ACC 18.48.150 and pter 71.09 RCW. (Ord. 6033 § 2, 2006; Ord. 5835 § 8, 2004; Ord.
41 5690 § 2, 2002; Ord. =4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4294 § 4, 1988; Ord. 4262
42 § 2, 1988; Ord. 4229 § 2, 1987.)
43
44 Chapter 18.44
45 I INSTITUTIONAL USE DISTRICT
46 18.44.025 Uses requirinq an administrative use permit.
47 The follnwinq uses mav be permitted in an I district when an administrative use permit
48 has been issued pursuant to the provisions of Chapter 18.64 ACC:
Draft amendments, Administrative and Conditional Uses Page 23 of 36
Revised September 4, 2009
1 A. Colleges and universities.
2 18.44.030 Uses requiring a conditional use permit.
3 The following uses, when owned and oqerated in conjunction with an outriqht permitted
4 use as listed in ACC 18.44.020 may be permitted in an I district when a conditional use
5 permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
6 A. . ; _Gategery 7 B. .
8 . . .
9 4-Airport landing areai,
10 2-B. Assembly/light manufacturing
11 3C. Establishments serving alcoholic beveragesi; ~ 12 4D. Manufactured home parks-; ,
r,,
13 6E. Multiple-family dwellingsj, ,
14 6F. Retail sales and service1, ~.15 7G. Duplexes. (Ord. 4528 § 4(Exh. B), 1991; Ord. 4229^~2, 1987~1k~
16
~17 Chapter 18.50
,
18 LANDSCAPING AND SCREENING
19 18.50.050 Regulations by zone.
20 A. R-RR-C, R-SR=1, Lu°-;-R-5, y ~ R 7, Lu°and NHR3-R-10
21 Residential Eis;t40sZones. Landscaping Shalf required~r~ conjunction with an
~
22 administrative or conditional use permit TF[" type~n~,~ .unt\af landscapina te--shall be
23 determined at that time the 04F-adminiskra~~; ~or condi al use ermit is approved.
24 B. R-16 and tFiGtsR-20 Usidential ones.
25 1. Street frontage: five foi~t'width of Typo II1;
26 ~ 2. AcqaseRt taAbia tn R44C, R-S 1, R4-5,' u°I °_2, ^r LHR2 R-7 zone:
27 fve-foot width of Type III; Eidjac~irat parking or di" eways will require a five-foot width of
28 Type II; r`
29 ttin R73-10 eN~-zone: five-foot width of Type IV, adjacent
30 parkinc ~t driveways=14~quire afive-foot width of Type III.
31 C. A'd RO-H Distrr~~
32 1 ~*bet frontage: ot width of Type III;
33 ~ 2 Abutti ~ R-RC, R-S1, R-a-S, R-27, or R-3-10 zone: 10-foot width of
34 Type III, adjace~ king orAriveways will require a 10-foot width of Type II;
35 ~ 3. ' . b`b R-16. R-420, R-M#RMHC: five-foot width of Type IV,
36 adjacent parking or ~t~~te""ways will require a five-foot width of Type III;
37 4. For conversions of single-family residences to commercial uses within the RO
38 district, existing healthy landscaping may be retained and utilized or supplemented to
39 meet the intent of the code requirements as determined by the planning, building, and
40 community director or designee. See ACC 18.50.060 for plan requirements.
41 ~ D. I, LHI-,C-1, LHGI; G2, C-N, R-4,and L#P1 Districts.
42 1. Street frontage: five-foot width of Type I II, no street frontage landscaping is
43 required for the C-2 zone except for parking lots and as may be required by ACC
44 18.28.050(F);
45 2. Aojaoent teAbuttinq R-RC, R-S1 LHRS; R-a-S, LHR!; R-27, j u°', °-3, ^r L-HR-
46 103 zone: five-foot width of Type II, adjacent parking or driveways will require a five-foot
47 width of Type I;
Draft amendments, Administrative and Conditional Uses Page 24 of 36
Revised September 4, 2009
1 ~ 3. Ad}asent--taAbuttin R-16, R-420, LHR4;-RO, RO-H, RMHP,--or L-k#R_Mk#-PL MHC
2 zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width
3 of Type II.
4 E. C-3, LF Districts.
5 1. Street frontage: five-foot width of Type III;
6 ~ 2. AdjaGent taAbuttinq R-RC, R-S1, R-45, R-27, or R-3-10 zone: 10-foot width of
7 Type II, adjacent parking or driveways will require a 10-foot width of Type I;
8 ~ 3. AdjaseRt-#sAbufitinq R-416, R-20, RO, RO-H or R-MHP MHC zone: 10-foot width
9 of Type III, adjacent parking or driveways will require a 10-foot width of Type II;
10 ~ 4. Outdoor storage yards adjaceRt-teabuttinq any C, P, I or M-1 zone.
11 F. M-1 District.
12 1. Street frontage: 10-foot width of Type III, an additional 11040ot width will be
13 required when loading and unloading docks face a street. In lieu; of the additional 10-foot
14 width of Type III landscaping, a Type II landscaping may be prov~ded;
15 I 2. Adjasen#--teAbuttinq any R zone: 10-foot width Type 16 3. Ad}aeeRt teAbuttinq I, C-1, G2, P-1, or C-N zone:A10-footh of Type II,
17 adjacent outdoor storage yards will require a 10-foat width of Type I;
18 ~ 4. Ad}aGent-teAbuttinq C-3, LF zone: 10-faot width of Type III, adj~~~~nt outdoor
19 storage yards will require a 10-foot width of Type`f;
20 5. For those buildings that have frontage ona stree# a rninimum of a~l'0-foot width
21 of Type III landscaping shall be placed next to the buildtng;
22 ~ 6. Outdoor storage yards ad}apent toabuttinq oth~i~ M 1 zoned property shall have
23 a minimum width of a fve-foot Type I Igftdscaping;
24 I 7. AdjaGent teAbuttinq the Interurban'1'rafl Outdoor stiarage yards adjasen~
25 teabuttinq the Interurban Trail (regardless of theof the Interurban Trail) shall have
26 a minimum 10-foot width of Type I landscaping '
27 G. M-2 District.
28 1. Street frontac~ib: 10 f60t width of Typ,e I II; k
29 I 2. AdjaGent b ttin any R zone: 30 fbot width of Type I;
30 3. AS `~~n I, C 1, C-2, P 1, a~ %=N zone: 10-foot width of Type II,
31 adjacent outdoor storage I~` ot width of Type I;
32 ~ 4. uttir~ ~,3 or L e`:10-foot width of Type II, adjacent outdoor
33 storage ys will re~ a 10 410c~ width of Type I;
34 a For those buI s that'~~ ~rontage on a street a minimum of a 10-foot width
35 of Toe 11 14ndscaping shaplacx next to the building.
36 H. BP District. The amour~~ and type of landscaping shall be determined at the time of
37 the approval of #he business.'iark. The landscaping requirements shall, however, be
38 guided by the M41~quirem6fits and a minimum of 15 percent of the business park shall
39 be landscaped
40 I. EP District.
41 1. Except as pi'ovided for in subsection (I)(2) of this section, all required yards shall
42 be landscaped with Type III landscaping.
43 2. The planning director may reduce the width of required landscaping by up to 50
44 percent for projects employing drip irrigation or similar water conservation measures, use
45 of native plant materials, or xeriscaping.
46 3. In no case shall less than 15 percent of the lot be landscaped.
47 4. Outdoor storage areas shall be screened with a minimum width of five-foot Type
48 I landscaping. (Ord. 6231 § 4, 2009; Ord. 6036 § 3, 2006; Ord. 5863 § 5, 2004; Ord. 5342
49 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) -(39), 1988; Ord. 4229 § 2, 1987.)
50
Draft amendments, Administrative and Conditional Uses Page 25 of 36
Revised September 4, 2009
1 Chapter 18.54
2 NONCONFORMING STRUCTURES,
3 LAND AND USES
4 18.54.060 Maintenance, damage repairs and restorations, additions, enlargements,
5 moving or relocation of nonconforming structures, and residential structures.
6 A. Ordinary maintenance of a nonconforming structure which includes minor interior and
7 exterior repairs and incidental alterations is permitted. Minor maintenance and repair may
8 include but is not limited to painting, roof repair and replacement, plumbing, wiring,
9 mechanical equipment replacement, and weatherization. Incidental alterations may
10 include construction of nonbearing walls or partitions.
11 B. No structural alterations, as defined by the Uniform Building Code, shall be made
12 except as required by law or ordinance; provided, that the cost of such work shall not
13 exceed 50 percent of the assessed valuation of such structure as established by the most
14 current county assessor's tax roll.
15 C. A nonconforming structure having been damag~~i~r partially destroyed to an extent
16 not exceeding 50 percent of the assessed valuatio~~~s~oh structure as'established by
17 the most current county assessor's tax roll, may k_ restored to its original°condition, as
18 authorized by the city's building official, and itsi"O,ediately,!preceding or exisfinguse at
19 the time of partial destruction may be continued o~ r~~ume~°~~testoration sha11 begin within
20 one year and be completed within two years of the d6t6partial destruction. If restoration
21 is not started within one year, then thexeuse and occupanoy of the structure shall conform
22 to all the regulations of the district in which the use is locat6~ky
23 D. Structures or lands which are nonconforming, as to use ations shall not be
24 enlarged or intensified in any manner unle'ss the eiilargement vu"rthin such structures or
25 lands conforms to all regulations of the district in whi~h ~t°is located. A nonconforming use,
26 within a nonconforming ,~,~re, shall not ex0and into at~yportion of the nonconforming
27 structure. q'
28 E. Structures whi(~~`t,r~ noncohforming as to1percentage of site coverage, setbacks,
29 building height or densi~Mall no't be enlarged t~_less such enlargement conforms to the
30 regulations of the district ~ch ifta,`
31 F. Nonconft~~~~lside-structu t~ allowed to provide maintenance, alterations
32 and additions whic~i~may pxceGC! #he requirements of this chapter; provided the total
33 numbe ~~dwelling unifs es notse and all other development standards of the
~~34 distri~~~a ~ ~omplied with
35 G. This ciaapter shall not.prevenf the following provided the total value of the
36 improvemenfgk~,~er the lifetitrie of the nonconforming use, does not exceed 50 percent of
37 the assessed v6ldeof the nonconforming use as established by the most current county
38 assessor's tax roll,Y~hd, the'nonconforming use or structure is not expanded except as
39 allowed by subsectiof this section; provided further, that any replacement of a
40 nonconforming structor parts thereof, must comply with the appropriate development
41 standards unless a special exception is granted pursuant to ACC 18.70.020.
42 1. Strengthening or restoring to a safe condition any nonconforming structure or
43 part thereof which is declared to be unsafe or a hazard to the public by the order of a city
44 official charged with protecting the public safety;
45 2. Lessening a hazardous situation, nuisance or other adverse environmental
46 impact;
47 3. Bringing the structure or use into more conformance with this title;
48 4. Adapting the structure to new technologies or equipment;
49 5. Improvements which do not increase the intensity of the nonconforming use.
Draft amendments, Administrative and Conditional Uses Page 26 of 36
Revised September 4, 2009
1 H. A nonresidential structure or use which becomes a legal nonconforming structure or
2 use after the effective date of the ordinance codified in this title may be permitted by
3 means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020
4 to expand the existing use or structure up to 25 percent of the use or structure existing at
5 the time of the adoption of the ordinance codified in this title; provided further, that the
6 addition otherwise meets the standards of this title and other requirements of the city.
7 This section does not allow the expansion of a use or structure which would be
8 ~ inconsistent with a previously authorized administrative use permit, conditional use permit,
9 special property use permit, contract rezone, or binding agreement between the city and
10 the property owner.
11 This section also does not allow the expansion of any nonconforming hazardous
12 material storage.
13 I. When a building or structure is moved to another location it"must then be made to
14 conform to the requirements of the district to which it is moued, unIess specifically allowed
15 elsewhere by this title.
16 J. Nonconforming single-family residential homes and tiieir acce§sbry structures may be
17 replaced and the new structure shall either meet the tlevelopment staridatds of the district
18 in which the home is located or the new structure shall not be more noncohforming than
,e.
19 the previous use. All other applicable building artd fire code requirements muS~#~e
20 complied with. (Ord. 5170 § 1, 1998; Ord. 4705 § 2;: ,11,994; Ord. ,4304 § 1(43); 1988; Ord.
21 4229 § 2, 1987.)
~22
~
23 Chapter 18.64 s `
24 ADMINISTRATIVE AND
25 CONDITIONAL USE PE~~S
~
; .z
26 18.64.0101ntent. ~
28 pe mittedtoutright wi h nl at~ netetjvuch, us~s Ofocess to allow for uses that are not
typically require a special degree of
29 control to mak~ sure that ~~the1"are i~dnsistent with the intent of the zone and
30 compatibte ~s-with otf~~;~~ vxisting`nd permitted uses within the zone
31 thouses listed as requiring either an administrative or
~y
32 condi~ional ~use permit; witha partiCUlar zone; qualify for this process. The planning
33 director or~"nee may drmine that other similar uses; which are not listed; may also
34 qualify for thi ~t cess. This process shall +s--not te-replace the variance procedure in
35 Chapter 18.70 ~77 or be u§6d to permit uses that are prahibited taet-allew~nred-within the
36 zone. Ord. 4840 1i ~99 d. 4773 1, 1995; Ord. 4229 2, 1987.
~ § ~4 ~ § § )
37 B. Uses subject ta ~~tr~inistrative use approval are those which typicallv have some
38 patential for impacts t 'nei,ghborinq properties, but which may be permitted within a zone
39 following review by the Citv to establish conditions mitiqating impacts of the use and to
40 assure compatibility with other uses in the zone.
41 C. Uses subject to conditional use approval are those uses that typically have a greater
42 intensity andlor patential for impacts to surrounding properties, and/ar special
43 characteristics that may not generally be appropriate within a zone, but maY be permitted
44 subject to review bv the hearinq examiner to establish conditions to protect public health,
45 safey and welfare, and to assure campatibility with other uses in the zone.
46
47 ,
48 , .
Draft amendments, Administrative and Conditional Uses Page 27 of 36
Revised September 4, 2009
1 , , .
2 3 (GFd. , 1996; Ord. , 1995; Ord. ,
4 18.64.020 Process.
5 A. .
6 18.66 .
7 .
8 BA. Administrative Use Permits. An application for an administrative use permit shall be
9 reviewed in accordance with ACC Title 14 as a Tvpe II decision, subject ta the additional
10 pravisions of this section. ' ' ' '
11 . „
12
13 -be
14 . . . ~ . used .
'z
15 a--The planning director or designee shall ma~he final decision
16 unless the application is forwarded to the hearmcL~amiri'dr pursuant tt~ A_CC
17 18.64.020(A)(2), in which case the hearinq examMrier will make the final declsion.
18 .
19
20 . '
21 31. Additional public notice reg,uirements. Administrafive use permits for uses in
22 the foElowing zones shali be subiect to ~,additional public Atce reauirements in
23 ara ra hs a and b of this subseetion: k=C R'dential Cons~~r~c Zone C-N
24 Nei hborhood Sho in District G1 Li h .Go al Distric~ZC-2 Nei hborhood
25 Business District; C-3 Heavy Commercial District; ~ iqW-Manufacturinq District, M-2
26 Hea Manufacturin Di : o;8P Business P,~rk District
27 a. ~ . .
28 pFev+dedThe mailin 4-s ius re ment af ACG 14.07.040 a shall be increased to 500
29 feet; and
30 b. In addition tt~y h~e ' e;~f prom ~in notice re uired b ACC 14.07.040
31 ublic notic~~~~ ostec~ ~ he Ci~ i~ a- site.
32 2R~llowinq jhb public ment periad prauided for in Title 14, the planninq
33 directoLqk desiqnee sha[L
34 a. Review the',nf4rmati in the record and render a decision pursuant ta the
35 procedural r6diuirembnts of ACC Title 14: or
36 b. Within 10 da gfallowin the close of the ublic comment eriod forward
37 the aaplicati 'h to the hearing examiner for apublic hearinq and final
38 decisi6r~ i i iccordance with Chapter 18.66 ACC if the planning director or
39 desig64"etermines that one or more of the followinq exists:
40 a. Public camments indicate a substantial deqree of cancern,
41 controversy, or oppositian ta the proposal; or
42 b. A public hearinq is necessary to address issues of va_que,
43 canflicting, ar inadequate informatian; or
44 c. The application raises a sensitive or contraversial public
45 palicv issue; or
46 d. A public hearing miqht clarify issues involved in the permit
47 decision.
48 c. When a public hearinq before the hearinq examiner is deemed necessarv
49 by the planning director or desiqnee:
Draft amendments, Administrative and Conditional Uses Page 28 of 36
Revised September 4, 2009
1 i. The citv shall provide written notice ta the applicant within 10 davs
2 follawinq the closinq of the public comment period that the
3 application is beinq forwarded to the hearing examiner for public
4 hearing and decision pursuant to the procedural requirements of this
5 chapter. The notice shall specify the reason the application is being
6 forwarded to the hearinq examiner:
7 ii. Processing of the application shali nat proceed until anv
8 suqplemental permit review fees set farth in the Citv af Auburn fee
9 schedule are received• and
10 iii. The appficatian shall be deemed withdrawn if the supplemental fees
11 are not received within 30 days of the appliGant notification by the
12
13 B. Conditional Use Permits. An application for a conditional.,dse permit shall be reviewed
14 in accordance with ACC Title 14 as a Type Ilf decision. A re'du6st for a canditional use
15 ermit shall be heard b the hearin examiner in accorda %"e with the ravisians of
16 Chapter 18.66 ACC. The hearinq examiner shall rna e"~ ~~'nal decision.
h64~OPF'Rg
17 . ~ .
18 4 .
19 ,
20 A
21 .
22 paR
23 .
24 . 0' . . .
25 \ ,
26 C. When a proposal includes more than one element require administrative use
27 and/or conditional use,a~, ~I the followin `review esses shall a I:
28 1. For proposals with MtMale administrative use elements. a sinale administrative
29 use permit applicatidr~ will be requi'red, providedjthat findings of fact pursuant to ACC
30 18.64.040 are made foh eler~ . .`tent 31 2. For ro osals w►tfi adiI ca 'eand conditional use elements a sin le
32 conditional useb~irti'tit appUcMI~an wil,~,~ I b i~uired, provided that findinqs of fact pursuant
33 to ACC I8~~4.040 are tmade f6e166ch element.
34
35 (Ord: 5, 2008; Ord': 5$11 §6,2003; Ord. 4875 § 1, 1996; Ord. 4840 § 1, 1996;
36 Ord. 4304 ~105), 1988; Or'dM, 422gr § 2, 1987.)
37 18.64.030 Application.
38 A. In addition to tFte requirements for a complete application as set forth in ACC Title 14,
39 an application ~ ' for an administrative or conditional use
40 permit wh+sh-shall include the following: 41 1. A completed permit appEication form signed by the property owner(s) and/or
42 applicant;
43 2. A statement that the applicant attests by written oa#h to the accuracy and
44 completeness af all information submitted for an applicatian;
45 3. A site plan meetinq the requirements of the applicable submittal checklist, which
46 at a minimum inciudes the information in ACC 18.64.035;
47 4. Appiicable filing fee(s), if any, as established in the current city of Auburn fee
48 schedule and relevant deposit(s), if any, as permitted or required by other chapters or
49 sections of the Auburn City Code
Draft amendments, Administrative and Conditional Uses Page 29 of 36
Revised September 4, 2009
1 5. Anv additional information as required by the applicable submittal checklist or
2 other chapters of this title for the proposed use.
3 . ViGinity w,
4 . Narne, addFess, ;
5 • NarAe, address, ;
6 .
7 , ;
g Ft` Ea mmer+t > eviotirin onrl Prnr»+corl•
>
9 . ;
10 . , ;
11 . ;
12 10. LeGatien ' ` 13 '11 1 nno}ion anr1 ni-~a of c>ir~nc• r
~
14 -1r2. 1 anr{onapo rlatail•
;
15 13. .
16 B.
.
1$ .
19
20 18.64A35 Site Plan.
21 A. G-The site plan required by AC~~ 18 64.030tA1(3) shai include the followinq
22 informatian:
23 1. Vicinity map; 24 2. Name address hone numbere"bf ra ner
.
25 3. Name, address phone number ofenqjL~e ft ~ti;
26 4. Boundaries and:dttensions of rg=efty; V '
27 5. Adjacent pustr
28 6. Easement~~existing aotl praposed;
29 7. Location and ~Oe of a#l,gxisting and proOosed utilities:
30 8. Location of builtlrng(s); ir~bMinu,,setb.~cks;
31 9 Lo~~ffififtfind layaut of off-stred ~~rkinq;
32 1 0,ftocatE6M tei htofIences
33 ' Lacation ant~a ` of st
34 0` "1 andsca e dOffi ff;'ncludit~ but not limited to t e and location of ve etation
35 initial and rragture lantin s` s and methods of irri ation•
36 13. B~' ,/structurei hts•
37 14. Exte,~qhtinq.~+~tail includinq but not limited type and location of pole-
38 mounted and wall ~°'li hts fixture t e and watta e shieldin and li ht orientation
39 methods and on-sitel,- off-site photometric impacts.
40 B. The submitted sJ1e plan shall be adopted and made part of anLr approved
41 adrninistrative ar conditional use the-permit. Subsequent-For the duration af anv
42 administrative or canditional use permit, subseauent building permits and construction
43 activity shall be in accord with the approved site plan.
44 C. Adjustments to the site plan may be approved as follows:
45 1. Minor Adjustments. Minor adjustments ta the site plan may be made and
46 approved by the planning director or designee. Minor adjustments are those which may
47 affect the precise dimensions or siting of buildings, but which do not affect the basic
48 character or arrangement of buildings approved, nor the development coverage of the
49 development or the open space requirements. Such dimensional adjustments shall not
50 ~ vary more than 10 percent from the original.
Draft amendments, Administrative and Conditional Uses Page 30 of 36
Revised September 4, 2009
1 1
2 2. Major Adjustments. Major adjustments are those, when determined by the
3 I planning director or designee, that substantially change the basic design, coverage, open
4 space or other requirements of the permit. When the planning director or desiqnee
5 determines a change constitutes a major adjustment, no building or other permit shall be
6 issued far the use without prior review and approval such
7 adjustment.
8 a. The submittal reauirements, and review and approval process fior a major
9 adjustment to the site plan of an approved administrative or conditional use permit shall be
10 substantially the same as that repuired for the original administrative or canditianal_use_
11 permit. An application for major adjustment meetinq the information requirements of ACC
12 18.64.030 sha{I be submitted. At the discretian of the plannincLd,ir'ebt6r;.or designee, the
13 applicant may be able to resubmit or incorporate bv reference some portions of the
14 original administrative ar conditional use permit submittal at,_part of the application for
15 major adjustment, hawever the application for majar adjq§ment sh 11,be subLect to the
16 same subrnittal, processing, and findings of fact requLF,~men#s af thispter for
17 administrative or conditional use permits, as applica~le. °
18 Ord. 6185 § 6, 2008; Ord. 4840 § 9~44996; Ord. 4229 § 2, 19
19 18.64.040 Findings of fact.
20 Administrative and conditional use permits may on:`'approved if findings of fact are
21 drawn to support the following:
22 A. The use will not have Re-meFea ~ntively greater afiuerse effect on the health,
23 safety or comfort of persons living or wor~tin .
~ Irt the area and v~~l~bt be fe-substantivelv
24 more injurious, economically or otherwise~~o prort~ or improv~ts in the surrounding
25 ~ area than would any use generally permitted m 1~L di~~~~~ 26 Among matters to be coratM~#~~ed are traffic flow and control, access to and circulation
27 within the property, o freet paffimg and loading, refuse and service area, utilities,
28 screening and buffe, signs, ~i~rds and other open spaces, height, bulk, and location of
29 structures, location~of 1sr~ap~sed .t~~ien space use~,~iours and manner of operation, and
30 noise, lights, dust, odor, f~~nc~~brat~on# "
31 B. The propo$At,is ir~acc.Oiance wi~~ als, policies and objectives of the
32 comprehertsive plan,~~.
33 C The proposal comp~les with 4111, rairements of this title;
T
34 D.'The,proposal can be'+construc and maintained so as to be harmonious and
35 appropnatel0ioesign, character, arid appearance with the existing or intended character
36 of the general ~icinity; ~
37 ~ E. The propos~, l ill be s„~pported by adequate public facilities and services and will not
~s ,
38 adversely affect thblic~nfrastructure; 39 F. The proposal w ~~cause or create a public nuisancei.-
40 G. The proposal's.iirnpacts can be appropriatelY mitiqated through the application of
41 conditions of aqproval, as applicable.
42 -(Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)
43 18.64.050 Conditions and period of approvaL
44 A. In order to mitigate any significant adverse impact or support a finding of fact or
45 prevent and abate public nuisances associated with the proposal, conditions may be
46 imposed which could increase requirements in the standards, criteria, or regulations of this
47 ( title or other city legislation or adopted policies.
Draft amendments, Administrative and Conditional Uses Page 31 of 36
Revised September 4, 2009
1 B. Administrative ar conditional use permit approvals shall be valid for the specific use
2 authorized on a property, subLect to the revocation provisions of ACC 18.64.070. A chanqe
3 in use shall cause the administrative ar conditianal use permit to automaticallv expire.
4 C Administrative or conditional use permit approvals, or the portians thereof, that
5 autharize hours of operation shall be valid for the specific use and hours of operation
6 autharized on aproperty subiect to the revocatian pravisions of ACC 18.64.070. A chanpe
7 in use or hours af operatian autside that authorized by the administrative or conditional
8 use permit shail cause the permit ta automatically expire. (Ord. 4840 § 1, 1996; Ord. 4773
9 § 1, 1995; Ord. 4229 § 2, 1987.)
~
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Draft amendments, Administrative and Conditional Uses Page 32 of 36
Revised September 4, 2009
1 18.64.055 Appeals.
2 A. Administrative use permits. Any affected qarty may appeal the planning director's final
3 decision to the hearinq examiner as provided far in ACC 14.13 and ACC 18.70. If the
4 planninq director forwards an application to the hearinq examiner far a public hearinq and
5 decisian pursuant to ACC 18.64.020(A)(2)(b), a reauest for reconsideration and/ar appeal
6 of the hearing examiner's final decision may be submitted as provided for in ACC 18.66.
7 The planning directar's decision ta forward an application to the hearing examiner for
8 public hearinq and decision mav not be appealed.
9 B. Canditianal use ermits. An affected art ma submit a re uest for reconsideration
10 and/or appeal the hearing examiner's final decision as provided for.in ACC 18.66,
11 18.64.060 Time limitations.
12 A. Unless specified elsewhere, an administrative or conditrose permit shall be
13 implemented within two years of the approval. If a building permit,t),r:=qccupancy permit is
K
14 required for the administrative or conditional use and,has not been issued within the two-
15 year period then the administrative or conditional use perrnit shall be null,,and void.
16 B. The planninq director or desiqnee mav qrant one extension of the thte;periad for
17 im lementation of the administrative or condition~l---use errnit of u ta 12 m~aj s followin
18 the submittal of a written request by the holder of thepermdt a minimum of tttirty (30~
19 calendar days prior to the expiration date of the permit jflrd. 4840 § 1, 1996; Ord. 4229 §
20 2, 1987. ) ;
z21 18.64.070 Revocation of permit.
22 ~ The build+ng-e#fisaaplanninq director or t,F,~;si revoke or suspend any permit
23 granted under the chapter if any of the follc~uvmg c&nd'I ~~~~~,~found to exist:
.5
24 A. Fraud in obtaining thepermit;
25 B. Concealment or rnisrepresentation of a(~Y;,~ material fact on the application or on any
26 subsequent applications or repoqP:; 27 C. The operation is found to be; in violation of tPe"approved plans, conditions of
28 approvals, or the terms of 1he p~`r~it and the oWner has failed to correct the violation after
29 proper notic I Ord A~Q § 1, 4229 § 2, 1987.)
30
31 Chapter 1QsI.,EPTIONS, p
32 VARIANCE ECIAL AND ADMINISTRATIVE APPEALS
33 18.70.010 Varian ~34 A. Subject to con ; _"w, safeguards and procedures provided by this title, the hearing
35 examiner may be em wered to hear and decide applications for variances from the terms
36 of this title; provided the hearing examiner may approve a variance only if the request
37 conforms to all of the following criteria. The examiner must enter findings of fact and
38 conclusions of law which support the following criteria and any conditions:
39 1. That there are unique physical conditions including narrowness or shallowness
40 of lot size or shape, or exceptional topographical or other physical conditions peculiar to
41 and inherent in the particular lot; and that, as a result of such unique physical conditions,
42 practical difficulties or unnecessary hardships arise in complying with provisions of this
43 title.
Draft amendments, Administrative and Conditional Uses Page 33 of 36
Revised September 4, 2009
1 2. That, because of such physical conditions, the development of the lot in strict
2 conformity with the provisions of this title will not allow a reasonable and harmonious use
3 of such lot.
4 3. That the variance, if granted, will not alter the character of the neighborhood, or
5 be detrimental to surrounding properties in which the lot is located. For nonconforming
6 single-family homes, this finding is determined to be met if the features of the proposed
7 variance are consistent with other comparable features within 500 feet of the proposal.
8 4. That the special circumstances and conditions associated with the variance are
9 not a result of the actions of the applicant or previous owners.
10 5. Literal interpretation of the provisions of this title would deprive the applicant of
11 rights commonly enjoyed by other properties in the same zoning dtstrict.
12 6. The approval of the variance will be consistent with the pulpQse of this title and
13 the zoning district in which the property is located.
14 7. The variance will not allow an increase in the nu~lb&of dwelling units permitted
15 by the zoning district.
16 8. The authorization of such variance will not~r~.,YQrsely affect the comprehensive
17 plan.
18 9. The variance shall not allow a land use uvhich is not permitted Ontler the zoning
19 district in which the property is located. `
20 10. The variance shall not change any regulat[ons;vr conditions established by
21 ~ surface mining permits, administrative use permits, cariciitional use permits or contract
22 rezones authorized by the city council.
23 B. In authorization of a variance, the' hearing examiner ttach thereto such
24 conditions regarding the location, character ~her feature tproposed structure
25 or use as he may deem necessary to carry out thI""'i ,~Kdt and p,pose of this title and in the
26 public interest.
,
27 C. A variance so authod4'~d shall becom6;~d after th~ expiration of one year, or longer
28 period if specified at fttime ofaissuance, if 66.building permit, occupancy permit or
~
29 business registratio;ri~as been issued in accordance with the plans for which such
30 variance was authorized The heai-ing examiner may extend the period of variance
~d's
31 authorization for one addi~iot~~~~~r/~thopt public hearing upon a finding that there has
32 been no basic 66e !n perli ;~nt contlitioris~surrounding the property at the time of the
33 original application:`~~?rd. 4840, ~ 1996; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
34 18 7d.0~0'Special except~6Ins.
35 A. Only'the #ollowing speci'al exc~ptions may be granted by the hearing examiner after a
36 public hearing ~s, Oeld pursuatlt to ACC 18.70.040:
37 1. Platted;l6ts within the same block and same zone, but separated by a public
38 alley, may be used at asi.rigle building site for the purpose of calculating the number of
39 dwelling units permitt60,4n a structure to be erected on one side of the alley, subject to the
40 following requirements`:
41 a. Each portion of the property shall abut a minimum of 100 feet upon the
42 alley.
43 b. The two portions of the property shall be directly opposite for a distance
44 representing at least 50 percent of the width of the portion of the property not to be
45 occupied by the proposed building.
46 c. The portion of the property not occupied by the building shall not be sold,
47 segregated or used for building purposes so long as the building remains on the portion of
48 property on the opposite side of the alley.
49 2. Whenever there is a change from a residential use to a nonresidential use in an
50 existing building a special exception may be issued to exclude the floor area within the
Draft amendments, Administrative and Conditional Uses Page 34 of 36
Revised September 4, 2009
1 building, that cannot be effectively utilized by the proposed use, from the off-street parking
2 requirements.
3 3. A nonresidential structure or use which becomes a legal nonconforming
4 structure or use after the effective date of the ordinance codified in this title may be
5 permitted, by means of a special exception, to expand the existing use or structure up to
6 25 percent of the use or structure existing at the time of the adoption of this title; provided
7 further, that the addition otherwise meets the standards of this title and other requirements
8 of the city.
9 This section does not allow the expansion of a use or structure which would be
10 ~ inconsistent with a previously authorized administrative use permit, conditional use permit,
11 special property use permit, contract rezone, or binding agreement between the city and
12 the property owner. This section also does not allow the expansion of any nonconforming
13 hazardous material storage.
14 4. Pursuant to ACC 18.54.060(G), a special exception may be issued for the
15 replacement of a nonconforming structure or part thereof which does not comply with the
16 appropriate development standards. 17 5. Pursuant to ACC 18.54.070(B), a speciaJ ; ception may be issued for residential
18 uses, in commercial or industrial zones, to reocy if unoccupied for longerjhan 180
19 days. GR.
20 B. In considering applications for special excepti,6rt_4 the fiearing examine'' shall
21 consider the nature and condition of all adjacent uses", ,structures, and no such special
22 exception shall be authorized by the Mepring examiner ufrtless the hearing examiner finds
23 that the authorizing of such special ex~'tion will not be mate ally detrimental to the
a~
it" 24 public welfare or injurious to property in #he za~ne or vicinity in ~"t,~~ the property is
25 located, and that the authorization of such~speaal + ~kception w~~`be consistent with the
26 spirit and purpose of this title. In authonzmg;a special excep#ion, the hearing examiner
27 may impose such requiTt~and conditions with respect to location, installation,
28 construction, mainten 1nce anration and extent of open spaces in addition to those
29 expressly set forth~ s title as~ ay be deemed necessary for the protection of other
C
30 properties in the z ne mity e d the public iClt,e~est. (Ord. 4840 § 1, 1996; Ord. 4229 §
31 2, 1987. )
~s
'
32 "MM,
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33 CW~er~~ ~$.76
34 PLANNED UNIT
35 DEVELOPIVIEN7 DISTRIC~PUD) - LAKELAND HILLS SOUTH
36 18.76.040 Permittid usesa37 A. Residential.
38 1. Housing concepts of all types limited only by the density allowed in the official
39 Lakeland plan map. Examples include the following:
40 ( a. Single-family detached homes,--.
41 b. Condominiums, apartments, and townhousesi:
42 c. Customary accessory uses and structures common to single-family homes
43 ~ or multifamily dwellings;.-
44 d. Home occupations authorized by and subject to the standards of Chapter
45 ~ 18.60 ACCi.-
46 e. Storage or parking of recreational vehicles for residents of the individual
47 ~ developmentx.-
Draft amendments, Administrative and Conditional Uses Page 35 of 36
Revised September 4, 2009
1 f. Nonresidential or municipal uses such as schools, churches, libraries,
2 police, parks or fire facilities as authorized in the PUDi.-
3 g. Home-based daycare;,.-
4 h. Community centers/recreation facilities;:
5 i. Senior housing and services.
6 2. Parks.
7 B. Nonresidential. Uses permitted outright by Chapter 18.26 ACC as authorized in the
8 development plan, except those uses requiring an s eadministrative use
9 permit under subsection C of this section. ((Jrd. 5777 § 1, 2003; Ord. 5092 § 1, 1998.~
10
11 18.76.045 Uses reauirinq an administrative use permit.
12 A. The following uses may be permitted thrauqhout the PUD as so-scifically authorized
13 bv the development pfan and when an administrative use pecm, it, has been issued pursuant
14 to the pravisians of Chapter 18.64 AC .
,
15 .
16 plnn irnleirlirn• %
0
17 1. Civic, social and fraternal clubsi-.
18 2. Mini-daycare and daycare centersi.- fi
19 3. Preschools or nursery schoolsi,-
20 4. Religious institutionsi.- .
21 5. Utility substations;.-
22 6. Municipal Services_-.
23 a. Police;
~ 24 b. Fire;
25 c. Library.
0-4
26 OB. The fallowing uses may be permitted, in areas of the
27 PUD with a comprehenst ""Ip designatior~~~~~~ `
28 18. as spe~ i~icallj~ ~ Light Co~merciaP'
~uthorized by the development plan and when an
29 administrative use,ermit has be~n issued pursuant to the provisions of Chapter 18.64
30 ACC; -ineEa4i"
31 1 Automobile sen~~~#~~it~ris~~,
32 2 D1,~;~~~ faciritt~~~;~..includir~§~anks and restaurantsi.-
33 3 fewpub~~ ~ .
,
`i~
34
35 Chapter 18 f8~ ?
36 TERRACE VIEW~V) DISortICT
d
,45
37 18.78.020 Permitted~.es.
38 The permitted useS~allowed in the Terrace View zoning district will be those as allowed
39 within Chapter 18.30 ACC, C-3 Heavy Commercial District, as may be amended. The
40 process to allow any use on the Terrace View property shall be as required by this title
41 with the exception that apartments/multifamily units will be considered an outright
42 I permitted use and will not require an administrative sefld+#+enal-use permit. (Ord. 5377 § 2,
43 2000.)
44
Draft amendments, Administrative and Conditional Uses Page 36 of 36
Revised September 4, 2009
EXHIBIr 3
REQUEST TO PUBLISH
Please publish the following Notice of Public Hearing in the Seattle Times on August 29, 2009
Bill the City of Auburn: City of Auburn
ATT: City Clerk
25 West Main
Auburn, WA. 98001
An "Affidavit of Publication" is requested for this billing. Thank you.
Please publish below this line only.
NOTICE OF PUBLIC HEARING
The Planning Commission of the City of Auburn will conduct a public hearing Wednesday, September 9,
2009 at 7:00 p.m. in the Council Chambers of the Auburn City Hall located at 25 W. Main Street on the
following matter: Proposed amendments to Title 18 (Zoning) of the Auburn City Code A description of
the proposed amendments follows below. The public is invited to attend to express comments or opinions.
Written comments may be submitted up until & at the public hearing to Kevin Snyder, AICP, Assistant
Director or Chris Andersen, Senior Planner, Auburn PB&C, 25 W. Main St, Aubum, WA 9800149$8.
Further comments or questions call Kevin Snyder or Chris Andersen at (253) 876-1962 or e-mail
ksnyder@auburnwa.gov or candersen@aubumwa.gov. For citizens with speech, sight or hearing
disabilities wishing to review .documents pettaining to this hearing, should contact the City of Auburn
within 7 calendar days prior to the meeting, as to the type of service or equipment needed. Each request
will be considered individually according to the type of request, the availability of resources, and the
financial ability of the City to provide the requested services or equipment.
Description of Proposed Amendments. The City proposes the following amendments to Title 18
Auburn City Code (Zoning): Chapter 18.02 (General Provisions) affecting Section 18.02.120; Chapter
18.04 (Defuutions) amending and/or adding new definitions; Chapter 18.07 (Residential Zones) affecting
Section 18.07.020; Chapter 18.09 (Manufactured/Mobile Home Community Zone) affecting Section
18.09.020; Chapter 18.22 (Residential Office and Residential Office-Hospital District) affecting Sections
18.22.020 and 18.22.030; Chapter 18.24 (Neighborhood Shopping District) affecting Section 18.24.030;
Chapter 18.26 (Light Commercial District) affecting Sections 18.26.020 and 18.26.030; Chapter 18.28
(Central Business District) affecting Sections 18.28.020 and 1$.28.030; Chapter 18.29 (Downtown Urban
Center District) affecting Section 18.29.055; Chapter 18.30 (Heavy Commercial District) affecting
Section 18.30.030; Chapter 18.32 (Light Industrial District) affecting Sections 1832A20 and 18.32.040;
Chapter 18.33 (Environmental Park District) affecting all Sections 18.33A10 through 18.33.050; Chapter
18.34 (Heavy Industrial District) affecting Section 18.34.040; Chapter 18.36 (Business Park District)
affecting Section 18.36.030; Chapter 18.40 (Public Use District) affeeting Section 18.40.030; Chapter
18.46 (Temporary Uses) affecting all Sections 18.46.010 through 18.46.090; Chapter 18.44 (Institutional
Use District) affecting Section 18.44.030; Chapter 18.50 (L,andscaping and Screening) affecting Section
18.50.050; Chapter 18.54 (Nonconfornung Structures, Land and Uses) affecting Section 18.54.060;
Chapter 18.64 (Administrative and Conditional Use Pemuts) affecting all Sections 18.64.010 through
18.64.070; Chapter 18.70 (Variances, Special Exceptions, and Administrative Appeals) affecting Sections
18.70.010 and 18.70.020; Chapter 18.76 (Planned Unit Development District-Lakeland Hills South
affecting Section 18.76.040; and Chapter 18.78 (Temace View District) affecting Section 18.78.020.
DEPARTMENT OF PLANNING, BUILDING AND COMMUNITY
25 WEST MAIN STREET, AUBURN, WA. 98001 (253) 931-3090
Published in the Seattle Times on August 29, 2009
Mo e So attte Ttmcs EXHlBlT ~
e; ~
00-9
seattletimes.com (;l CI~ OF aUBURN
GLERKS
`l~
PO Box 70, Seattle, WA 98111
AUBURN CITY OF-FINANCE DEPT
ATTN CITY CLERK
25 WEST MAIN
AUBURN, WA 98001
Re: Advertiser Account #30785204
Ad 783095100
Affidavit of Publication
403581 6 / 3
STATE OF WASHINGTON
Counties of King and Snohomish
The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company,
publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of
Washington. The Seattle Times has been approved as a legal newspaper by orders of the Superior Court of
King and Snohomish Counties. .
The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and
distributed to its subscribers during all of the said period.
The Seattle Times pg/Zg/pg
Agent Debbie CO11aIltes Signature &-Cl.,T
~,(1. RO 4q
wom to before me o ~
s c ~R y ATE)
QT ARY I, ,
_
0 't ~TURE) tary lic in and for the State of Washington, residing at Seattle
:
i~~~''i f 1~►~Pc~~'
Seattte Ttmes
SEP - 1 2009
seattletimes.com CITy pF AUBURN
Re Advertiser Account #30785204 Ad # 783095100 I;ITY 01__FRKS 4FFfCE
Ad TEXT:NOTICE OF (Landscaping and Screen(ng)
PUBLIC HEARING (General Provisions) aHecting affecting
Section Section 18.50.050; Chapter
The Planning Commission of 18.02.120; Chapter 18.04 18.54 (Nonconforming
the CHy of Aubum (Definitions) amending Structures, land and Uses)
will conduct a public hearing and/or adding new definitions; affecting Section
Wednesday, Chapter 18.07 18.54.060; Chapter 18.64 .
September 9, 2009 at 7:00 p.m. (ResWenNal Zones) aftecting (Admintstrative end
in the Council Section 18.07.020; Conditional Use Pertnits)
Chambers of the Aubum City Chapter 18.09 affecting all Sections
Hall tocated at 25 (Manufactured/Mobile Home 18.64.010 through 18.64.070;
W. Main Street on the foilowing Community Zone) aftecting Chapter 18.70
matter: Proposed Section 18.09.020; (Variances, Speciai Exceptions,
amendments to Title 18 (Zoning) Chapter 18.22 (Residential and
of the Aubum Office and Admintstrative Appeals)
Cfty Code A descriptton of the Resldential Office-HospFtal effecting Sections
proposed District) affecting 18.70.010 and 18.70.020;
amendments follows below. The Sections 18.22.020 and Chapter 78.76 (Planned
public ts (nvited 18.22.030; Chapter 18.24 Unit Development Dtstrict-
to attend to express comments (Neighborhood Shopping Lakeland Hilis South
or oplnions. District) affecting affecting Section 18.76.040; and
Written comments may be Section 18.24.030; Chapter Chapter 78.78
submitted up until & at 18.26 (Light (Terrace View DisMct) affecting
the public hearing to Kevin Commercial District) affecting Section
Snyder, AICP, Sectiona 18.78.020.
Assistant Dtrector or Chris 18.26.020 and 18.26.030;
Andersen, Senior Chapter 18.28 (Central DEPARTMENT OF PLANNING,
Planner, Aubum PB&C, 25 W. Business District) affecting BUILDING ANO COMMUN(TY
Matn St, Aubum, WA Sedions 18.28.020 25 WEST MAIN STREET,
980014988. Further eomments and 18.28.030; Chapter 1829 AUBURN, WA. 98001
or questbns cail (Dowr►town Urban (253) 831-3090
Kevin Snyder or Chris Andersen Center District) affecting
ffi(253) 876-1962 SecUon 18.29.055; Published In the Seattle Times
, or e-mail Chapter 18.30 (Heavy on August 29,
ksnyder@auburnwa.gov or Commercial District) 2009
eandersen6aubumwa.gov. For affecting Section 18.30.030;
citiaens with Chapter 18.32
speech, sight or heartn9 (Light IndusU7ai District)
disabilWes.wishing to affecfing Sections
revtew documents pertaining to 18.32.020 and 18.32.040;
this hesring, Chapter 18.33
should contact the City of (Environmental Park District)
Aubum within 7 affecting all
calendar days prbr to the Secdons 18.33.010 through
meeting, as to the 18.33.050; Chapter
type of cervice or equipment 18.34 (HeaVy Industrial DisUict)
needed. Each atfecting
request rvill be considered Seetion 18.34.040; Chapter
individually 18.36 (Business Parfc
accordingl.o ~e ty;ie of Aistrfct),qttecUng Section
request, ttie 18.96:0.1Q; Chapter
ava(labtltty of resources, and 18.40 (Pubiic Use District)
the financtal aftecting Sectton
abilily of Uhe Gty to provtde the 18A0.0.90; Chapter 18.46
re4uested (Temporary Uses)
servkes w equipment atfecUng all Sections 18.46.010
through
Descripdon of Proposed 18.46.090; Chapter 18.44
Amendments. The City (Instltutlonal Use
Proposes the followtng Distrkt) affectlng Section "
emendments to Titie 18 18.44.030; Chapter
Aubum City Code (ZOning); 18.50
Chapter 18.02
CITY OF EXfIIDIT ~
Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000
Notice Posting of Public Hearings
City of Auburn Planning Commission
Posting Date for Notice (s): August 28, 2009
Posfing Locations: Auburn City Hail, Auburn Senior Center, King County Library-Auburn
Branch
The Planning Commission of the City of Aubum, Washington, will conduct public hearings on
Wednesday, September 9, 2009 beginning at 7:00 p.m. in the Council Chambers of the
Auburn City Hall located at 25 West Main Street, Auburn, WA 98001 on the following cases:
A. Group 1 of the 2009 Compcehensive Plan Amendments
(Staff.• PrinciAal f'lanner Elizabeth Chamberlain, A/CP)
The Planning Commission will conduct a public hearing and accept ojal and/or written
testimony on Group 1 of the 2009 Comprehensive Ptan amendments cansisting of: 1)
map amendments to existing Map 9.1 (Shoreline Master Program) and existing Map 3.5
(Groundwater Protection Zones); and the addition of new reference maps comprised of
Map 3.6 (Enumclaw Plateau) and Map 10.1 (Historic Building Inventory); and 2) policy
and text amendments comprised of P/T#1 - 2009-2015 Aubum School Disfrict Capital
Facilities Plan; PT#2 - 2009-2010 to 20142015 Kent School District Capital Facilities
Plan; PT#3 - 2410-2015 Dieringer Sctaool District Capital Facilities P(an; PT#4 -2010-
2045 Federal Way School District Capital Facilities Plan; PT#7 - Six Year Update to the
City of Aubum +Cornprehensive Water Plan; and PT#8 - PolicyAext amendments to the
City of Aubum Comp.rehensive Plan affe+cting Chapters 3, 4, 5, , .8, 9, 42, 14 and 15. The
Planning Commissian in its role as an advisory body to the Aubum City Council will
make a voted-on recornmendation to the City Council on the proposed amendments.
B. Amendmenfs t4 Chap#er 18.33 (Environtnental Park Districf) of Auburn City Code
(Staff.• Assistant Direcfor Kevin Snyder/Senior Planner Chris Anolersen)
The Planning Comrnission will conduct apublic hearing and acxept oral andlor wr:itten
iestimony on proposed amendments to ChapCer 18.33 (Environmental Park District) of
the Autium Cify Code cuRently comprised of Section 98.33.010 (Intenfi), Section 18.33A20 (Pertnifted Uses), Section 1$.33.030 (Uses requiring Conditional Use Pe.nnit),-
Seetion 18.33:040 (Development Standards) and Section 18.33.050 (Supplemental
Developmenf Standards}:Existing Sec#ions o€ this Chapter may be changed' or modifed:
or reloca#ed or delefed and/or r3ew, sectio.ns rnay be added: The Planning Comrniss''ron in
its rote as an advisflry body to tlie Aubum Cify CounciC wilf make a vozed-on
cecommendation to fhe City Council on the proposed amendments.
C. Amendmenfs to Chapter 18.46, (Temporary Uses) of Auburn City, Code (Staff• Assistant Director Keyin SnyderlSenior Planner Chds Andersen)
The Planning Commissian will conduct a public hearing and accept oral and/or vvritten
testimony on Rropased arnendments to Chapter 18.46 (Temporary Uses) of the Aubum
. C+tY Code currenUy comprised of Section 18.46.010 (Intent), SecOon 18.46.020 (Interim
Uses), Section 48.46.030 (Seasonal Uses), Section 18.46.040 (Temporary Uses
Associated with Construction Projects) and Section 18.46.050 (Transitionat Uses),
Section 18.46.060 (Administrative Temporary Use Permits), Section 18.46.070
(CondiflQns), Section 19.46.080 (Coordination with other City Codes) and Section
18.46.090 (Homeless Encampments). Proposed amendments -to this Chapter would
change the land use decision-making process for the majority of temporary uses from
Page 1
AUBURN'k MORE THAN YOU IMAGINED
`
the Hearing Examiner to the Planning Director or designee and clarify types, extent and
conditions for the regulation of temporary uses, Existing Sections of this Chapter may be
changed or modified or relocated or deleted and/or new sections may be added. The
Planning Commission in its role as an advisory body to the Auburn City Council will
make a voted-on recommendation to the City Council on the proposed amendments.
D. Amendments to Title 18 (Zoning) of Auburn City Code - Administrative Use
Permits & Conditional Use Permits
(Staff.• Senior Planner Chris Andersen/Assistant Director Kevin Snyder)
The Planning Commission will conduct a public hearing and accept oral and/or written
testimony on proposed amendments to the following Chapters and/or Sections of the
Auburn City Code for the purpose of implementing and clarifying regulations for
administrative use permits and conditional use permits: Chapter 18.02 (General
Provisions) affecting Section 18.02.120; Chapter 18.04 (Definitions) amending and/or
adding new definitions; Chapter 18.07 (Residential Zones) affecting Section 18.07.020;
Chapter 18.09 (Manufactured/Mobile Home Community Zone) affecting Section
18.09.020; Chapfer 18.22 (Residential Office and Residential Office-Hospital Distriet)
affecfing Sections 18.22.420 and 18.22.030; Chapter 18.24 (Neighbofiood Shopping
District) affecting Section 18.24.030; Chapter 18.26 (Light Commercial District) affecting.
Sections 18.26.020 and 18.26.030; CMapter 18.28 (Central Business District) affecting
Sections 18.28.020 and 18.28.030; Chapter 18.29 (Downtown Urban Center District)
affecting Section 18.29.055; Chapter 18.30 (Heavy Commercial District) affecting
Section 18.30.030; Chapter 18.32 (Light Industrial District) affecting Sections 18.32.020
and 18.32.040; Chapter 18.33 (Environmental Park District) affecting Sections 18.33.030
and 18.33.050;Chapter 18.34 (Heavy Industrial District) affecting Section 18.34.040;
Chapter 18.36 (Business Park District). affecting Section 18.36.030; Chapter 18.40
(Public Use District) affecting: Section 18.40.030; Chapter 18.44 (Institutional Use
District) affecting Section 18.44,030; Chapter 18.50 (Landscaping and Screening)
affecting Section 18.50.050; Chapter 18.54 (Nonoonforming Structures, Land and Uses)
affecting Section 18.54.060; Chapter 48.64 (Administrative. and Canditional Use Permits)
affecting all Sections 18.64.410. through 98:64.070; Chapter 18.70 (Variances, Speeial
Exceptions, and Administrative Appeals) affecting Sections 18.70.010 and 18.70.020;
Chapter 18.76 (Planned Unit DeveloPment District-Lakeland Hills South affecfing.
Seetion 18.76.040; and Chapter 18.78 (Terrace View District) affecting Section
18.78.020. The Planning Commission in its -fiole as an advisory body to the Auburn Cify
Councit wilt make a vofed-on recommendtition to the eify Councif on the proposed
amendments.
The publ'ic hearing. wi1( be held in the Council Chambers, Auburn% City. Hall, located at 25
West Main Street. The putilic is inWited to- attend to express comments or opinions.
11Yn'tten comments rnay tiesubmitted up untiC 'and at tMe pubiic heating. to the City of
Auburn Planning, Buitding, artd Community Deparfinent, 26 West Main Street, Aubum,
1NA 98001-4988. lf yo:u. have further comments dr questions regarding Public Hearing;
ltem A, please cunta+ct Elizabeth Chamberlaln, AICP, Principaf Planne.r at 253.931.3092 or
echamberlain@aubumwa.gov. If you have further comrnenfs or ; questions regarding,
Public Hearing Items B; C and D; please contact Kevin Snyder, AI£P, Assistant Direcfor
at 253.876.1982 or ksnyder@auburnwa:gov or Chris. Andersen, Senior Planner at
253876.1962 or candersen@auburnwa.gov
For citizens with speech, sight or hearing disabilities wishing to review documents
per#aining to this hearing, should contact the. City of Auburn within 90 calendar dajis
prior to the meeting, as to the type of service or equipmenf needed. Each request will be
considered individually according to the type of request, the availability of resources,
and the financial ability of the Gify to pcovide the requested secvices or equipment,
Page 2
CITY OF * * + GXHIBIT ~
AtfBURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-3000
REVtSED
Notice Posting of Public Hearings
City of Auburn Planning Commission
Posting Date for Revised Notice (s): September 4, 2009
Posting Locations: Auburn City Hall, Auburn Senior Center, King County Library-Auburn
Branch
The Planning Commission of the City of Auburn, Washington, will conduct public hearings on
Wednesday, September 9, 2009 beginning af 7:00 p.m. in the Council Chambers of the
Auburn City Hall located at 25 West Main Street, Auburn, WA 98001 on the following cases:
A. Group 1 of the 2009 Comprehensive Plan Amendments
(Staff.• Principal Planner Elizabeth Chamberlain, AICP)
The Planning Commission will conduct a public hearing and accept oral and/or written .
testimony on Group 1 of the 2009 Comprehensive Plan amendments consisting of: 1)
map amendments to existing Map 9.1 (Shoreline Master Program) and existing Map 3.5
(Groundwater Protection Zones); and the addition of new reference maps comprised of
Map 3.6 (Enumclaw Plateau) and Map 10.1 (Historic Building fnventory); and 2) policy
and tex# amendments comprised of P/T#1 - 2009-2015 Aubum School District Capital
Facilities Plan; PT#2 - 2009-2010 to 20142015 Kent School District Capital Facilities
Plan; PT#3 - 2010.2015 Dieringer School District Capital Facilities Plan; PT#4 - 2010-
2045 Federal Way School District Capital Facilities Plan; PT#7 Six Year Update to the
City of Aubum Comprehensive Water Plan; and PT#8 - Poaicy/text amendments to the
City of Aubum Comprehensive Plan affecting Chapters 3, 4, 5. 8, 9, 12, 14 and 15. The
Planning Commission ia ifs role as an advisory body to the::Aubum City Council will
rnake a voted-on recommendation to the City CounciC on the pr4posed amendments.
B. Arnendments to Chapter 18.46 (TemporaryUses) of Auburn City Code
(Staff.• Assistant Direcfor Kevin Snyder/Senior Planner Chris Andersen)
The Planning Commissio:n will conduct a public he.aring and accept oral and/or written
testimony on proposed amendments to Chapfer 18.46 (Ternporary. Uses) of the Aubum
City Code eurrently cornprised -of Section 18.46.010 (Intent), sodion 18.46.420 (Interim
Uses), Section 18:46.030 (Seasonal: Uses), Section 18.46.040 (Temporary Uses .
Assoaated with Construction Projects,) and Seefion 18.46.054 (Transi#ional Uses),:
~;ctior~ 18.46:060 (Administrative ~'empQrary Use permfts), Section 18.46A7U
(Canditions), Secfion 19.48.080. (Coordinafion with o#tier City Cqdes) and. Section
18.46.090 (Hometess Encampments). Proposed amendments to this Chapter would
change the fand use decision-making process for the majority of .ternporary uses from
fhe: Hearing Exarniner to the P(anning Director or designee and clarify types, extent and
condtflons for the regulation of temporary uses, Existing Sections of-this Chapter may.be
+changed or rnodified or relocated or delefed and/oc new sections may be added. The
Planning Commission in lts. r41e as an advisory body to the Aubum City Council will
make a voted-on recommendation fo the City Council on the propased amendments.
Page 1
, AUBURN'k MORE THAN YOU IMAGINED
C. Amendments to Title 18 (Zoning) of Auburn City Code Administrative Use
Permits & Conditional Use Permits
(Staff.• Senior Planner Chris Andersen/Assistant Director Kevin Snyder)
The Planning Commission will conduct a public hearing and accept oral and/or written
testimony on proposed amendments to the following Chapters and/or Sections of the
Auburn City Code for the purpose of implementing and clarifying regulations for
administrative use permits and conditional use permits: Chapter 18.02 (General
Provisions) affecting Section 18.02.120; Chapter 18.04 (Definitions) amending and/or
adding new definitions; Chapter 18.07 (Residential Zones) affecting Section 18.07.020;
Chapter 18.09 (Manufactured/Mobile Home Community Zone) affecting Section
18.09.020; Chapter 18.22 (Residential Office and Residential Office-Hospital District)
affecting Sections 18.22.020 and 18.22.030; Chapter 18.24 (Neighborhood Shopping
Districf) affecfing Section 18.24.030; Chapter 18.26 (Light Commercial District) affecting
Sections 18.26.020 and 18.26.030; Chapter 18.28 (Cenfral Business District) affecting
Sections 18.28.020 and 18.28.030; Chapter 18.29 (Downtown Urban Center District)
affecting Section 18.29.055; Chapter 18.30 (Heavy Commercial District) affecting
Section 18.30.030; Chapter 18.32 (Light Industrial District) affecting Sections 18.32.020
and 18.32.040; Chapter 18.33 (Environmental Parfc District) affecting Sections 18.33.030
and 18.33.050;Ghapter 18.34 (Heavy Industrial District) affecting Section 18.34.040;
Chapter 18.36 (Business Park District) affecting Scction 18.36.030; Chapter 18.40
(Public Use District) affecting Section 18.40,030; Chapter 18.44 (Institutional Use
District) affecting Section 18.44.030; Chapter 18.50 (Landscaping and Screening)
affecting Seciion 18.50.050; Chapter 18.54 (Nonconforming Structures, Land and Uses)
affecting Section 18.54.060; Chapter 18.64 (Admin'tstrative and Conditional Use Pennits)
affecting all Sections 18.64.010 through 48.64.070; Chapter 18.70 (Variances, Special
Exceptions, and Administrative Appeals) affecting Sections 18.70.010 and 18.70.020;
Chapter 18.76 (Planned Unit Development District-Lakeland Hills South affecting
Section 48.76.040; and Chap#er 18.78 (Terrace Vew District) affecting Section
48.78.020. The Planning: Commission in its rale as an advisory bocly to the Aubum City
Cowneii wiN make a> voted-on recommendation to the City Councit on the proposed
amendments. . The public hearing will be held in the Council Chambers, Auburn City Hal1, located at 25
West Main Street. The public is invited to attend to express comrnents or opinions.
WritEen comrnents. may be submitfed up until and at the public hearing fo the Ci#y of
Auburn Planni'ng, Building:; and Cornmunity Departrnenf, 25 West Main Street, Auburn,
WA 980044988. lf you have further comrnenfs or questions. regarding Public Hearin.g
' Ifern: A, please contacf Elizabeth Chamberlain, AICP, Princfpal Ptaener at 253.931.3092 or
echamber•lain@awbu:rmnra.go.v. If yoW have. further comments, or questions regarding
Public Hearing tterns B, andC, please confact Kevin. Snyder, AICP, Assisfan# DirecEor at
253.$76.1882 or ksnydQrLauburnwa.gov or Chris Ander-sen; Senior Planner af
253876.1962 or candersen@auburnwa,gov
For citizens wTth speech; sigfif or hearing disabilities wishing fo review documenfs
perfaining to this hearing, sh.ould confacf the City of Auburn within 90 calendar days
prior fo the Eneeting,: as to the fype of service or equiprnenf needed. Each request will be
considered individually according to the type of request, the availability of resources,
and the fnanciaF ability of the City to provide the requested services or equipment.
Page 2
Page 1 of 1
~~CHIBIT
Kevin Snyder
From: Kevin Snyder
Sent: Friday, September 04, 2009 1:54 PM
To: 'reviewteam@cted.wa.gov'
Cc: Chris Andersen
Subject: Notice of Proposed Amendments to Auburn City Code - Chapter 18.46 & Multiple Chapters Clarifying
Administrative Use Permits and Conditional Use Permits
Attachments: Microsoft Word - WACommerce Expedited Review request ACC 18.46.pdf; Microsoft Word -
Ch18.46TemporaryUsesRevisionsDraft v2.pdf; Microsoft Word - WACommerce Expedited Review
requestAdminUseCondUsePermits.pdf; Microsoft Word - Draft adm and cond use amendments 09 04
09.pdf
September 4, 2009
ATTN: WA Dept of Commerce Development Regulation Review Team
Dear Review Team,
The City of Auburn proposes the following amendments to the Auburn City Code:
• Amendments to Chapter 18.46 (Temporary Uses) to the Auburn
• Amendments to Auburn City Code for the purpose of implementing and clarifying regulations for administrative use
permits and conditional use permits
Please find attached the following documents in Adobe PDF format that show the proposed amendments:
• Two (2) Requests for Expedited Review of Development Regulations
. Draft amendments, Chapter 18.56 Aubum City Code (ACC)
. Draft Amendments to Auburn City Code, Administrative Use Permits and Conditional Use Permits
The City of Auburn is requesting state agency expedited review for the proposed amendments as provided for in RCW
36.70A.106. The proposed amendments are intended to clarify current regulatory inconsistencies and vagueness. The
City of Auburn Planning Commission plans to hold a public hearing on the proposed amendments on September 9, 2009,
with City Councif consideration and possible adoption action currently scheduled for October 5, 2009.
Ptease feel free to contact me at 253-876-1982 or ksnvder __auburnwa.gov if you have any questions or require additional
information.
Kevin Snyder, AICP
Assistant Director - Planning, Building & Community
City of Auburn
Direct: 253-876-1982
E-Mail: ksnyder@auburnwa.gov
9/4/2009
washington
~
Request for Expedited Review
of Development Regulations
Pursuant to RCW 36.70A.106, the following hereby provides notice of intent to adopt and requests
expedited state agency review of the following development regulation or amendments.
Jurisdiction Name: City of Auburn
Address:
25 West Main Street, Auburn, WA 98001
Date:
September 4, 2009
Contact Name for Ordinance:
Kevin Snyder, AICP, Assistant Director,
Planning, Building & Community Dept.
Phone Number:
253-876-1982
Fax Number:
253-804317 4
E-Mail Address:
ksnyder@auburnwa.qov
Brief Description of the Amendments to Chapter 18.4 6 of the
Proposed Development puburn City Code (ACC) relating to
Regulation or Amendment: regulations for temporary uses.
Planned Pubiic Hearing Date:
September 9, 2009
Planned Date of Adoption:
October 5, 2009
Please Attach a Draft of the
Proposed Amendment. Please find draft of proposed
(Attachment Reauired) amendments attached.