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HomeMy WebLinkAbout6838 ORDINANCE NO. 6838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE REGULATION OF LAND USES ON AND SURROUNDING THE AUBURN MUNICIPAL AIRPORT, AMENDING CHAPTERS 18.38 AND 18.04,AND SECTIONS 18.01.030 AND 18.23.030 OF THE AUBURN CITY CODE; AND, AMENDING THE COMPREHENSIVE ZONING MAP CREATING A NEW AIRPORT OVERLAY WHEREAS,the Auburn Municipal Airport is classified as a Public-Use, General Aviation Regional-Reliever Airport within the National Plan of Integrated Airport Systems (NPIAS); and WHEREAS, during Auburn's 2020 annual Comprehensive Plan amendment cycle, the City Council adopted text amendments to the Comprehensive Plan intended to reinforce in the policy language the importance of the airport, and recognize the significant investment that has been made, not only by the Federal Aviation Administration (FAA) and Washington State Department of Transportation (WSDOT), but also by the City; and WHEREAS,the City of Auburn has regulatory authority over the manner of development occurring within the community, including the ability to plan for, abate, mitigate, and otherwise respond to land use concerns; and WHEREAS, the most recent update to the regulations governing the airport s occurred in 1997; and WHEREAS, pursuant to RCW 36.70.547 every county, city, and town in which there is located a general aviation airport that is operated for the benefit of the general public must,through its comprehensive plan and development regulations, must discourage the siting of incompatible uses adjacent to said airport; and Ordinance No.6838 October 25,2021 Page 1 Rev.2020 WHEREAS, pursuant to RCW 36.70A the proposed code language contained herein was transmitted to the Washington State Department of Commerce on August 5, 2021 for comment, and no comments were received by the comment expiration date of October 4, 2021; and WHEREAS,the code amendments were reviewed according to the process established by the Washington State Environmental Policy Act (SEPA), a Determination of Non-Significance (DNS) was issued on September 1, 2021, and no comments or appeals were received within the fourteen-day public comment period; and WHEREAS,the Planning Commission reviewed the proposed amendments and considered the effect of the changes on public and private property owners at its August 3,2021 and September 8,2021 virtual meetings; and WHEREAS, pursuant to RCW 36.70.547 and 36.70A.510 local jurisdictions are required to formally consult with airport owners, managers, private airport operators, general aviation pilots, ports, and the Aviation Division of WSDOT prior to adoption of comprehensive plan policies or development of regulations that may affect property adjacent to public use airports;and WHEREAS,a formal consultation with aviation stakeholders and the Aviation Division of WSDOT was held virtually on August 23,2021; and WHEREAS, on October 5, 2021 the Planning Commission held a virtual public hearing regarding the proposed amendments, heard and considered public testimony, examined exhibits presented by the city, and afterwards forwarded a recommendation for approval to the City Council. No written comments were offered by the public; and WHEREAS, the purpose of the amendments offered herein are to ensure safety and the continued operation of the Auburn Municipal Airport. Ordinance No.6838 October 25,2021 Page 2 Rev.2020 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapters 18.38 and 18.04, and Sections 18.01.030 and 18.23.030 of the Auburn City Code are amended to read as shown in Exhibit A. Section 2. Amendment to Comprehensive Zoning Map. The Comprehensive Zoning Map is amended as shown in Exhibit B. Section 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. NOV 1 5 2021 INTRODUCED: PASSED: NOV 1 5 2021 APPROVED: NOV 1 5 2021 ANCY B 441'US, MAYOR Ordinance No.6838 October 25,2021 Page 3 Rev.2020 ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: Ni'(T'/"' 1 MI 5'0 K 1*-K h Ordinance No.6838 October 25,2021 Page 4 Rev.2020 EXHIBIT A Page 1 of 29 Chapter 18.38 LF AIRPORT LANDING FIELD DISTRICT, OVERLAY, AND FAR PART 77 SURFACES Sections: 18.38.010 Intent. 18.38.020 Purpose. 18.38.03000 LF Airport Landing Field District Permitted BUses. 18.38.040 LF Airport Landing Field District Development Standards. 18.38.050 Airport Overlay Intent and Boundary. 18.38.030 Restricted uses. 18.38.060040 Zones established generally.Airport Overlay Restrictions and Standards.- 18.38.070 Federal Aviation Regulations Part 77 Surfaces and Other Surfaces. 18.38.050 Approach zone. 18.38.060 Transitional zone. 18.38.070 Horizontal zone. 18.38.080 Conical zone. 18.38.085 Obstacle free area. 18.38.090 Height limitations Generally. 18.38.100 18.38.110 Height limitations Transition zones. 18.38.120 18.38.130 - _ •• - - - - . 18.38.080140 Nonconforming BUses,&Structures,and tTrees.--_ •- -• • - -•. 18.38.150 - •• _ • - - -•- -• ,• _ •_ 18.38.160 Structure and use permits. 18.38.170 - - - •• _ - - -- - 18.38.180 Nonconforming structures or trees Abandoned or destroyed Permit 18.38.090190 Variances. 18.38.200 Variance Grant conditions. 18.38.100210 Decision aAppeals—Generally. ZOA20-0002 Page 2 of 29 18.38.110220 Conflicting Rcegulations. 18.38.120230 Enforcement. 18.38.1302-40 Violation—Penalty. 18.38.250 Development standards. 18.38.010 Purpose. The provisions of this chapter apply to lands located within the LF Airport Landing Field Zoning District, Airport Zoning Overlay, and Federal Aviation Administration (FAA) Federal Regulation Title 14 Part 77 Imaginary Surfaces (FAR Part 77 Surfaces)and other Surfaces.The airport overlay and the FAR Part 77 Surfaces and other surfaces are supplemental to the existing zoning districts and may be more restrictive than the underlying zoning designation.The restrictions, performance standards,and requirements of the airport overlay shall be in addition to those of the underlying zone and,where explicitly noted,supersede the underlying zoning. If implementation of this chapter conflicts with other provisions of the City Code,State,or federal law,the more restrictive requirement applies. 18.38.00020 Intent. The intent of this chapter is to _ - - •- - - . - • . - "-• - - -- • . _ - -- : a..1 the Cit 's Com a rehensive Plan and to im element certain land use and zoning development standards to reduce or avoid potential for airport related hazards. It is found that an airport hazard endangers the lives and property of users of the municipal airport and of occupants of land or property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing,taking off,and maneuvering of aircraft,thus tending to destroy or impair the utility of the municipal airport and the public investment therein.Accordingly, it is declared that: A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the municipal airport; B. It is necessary in the interest of the public health, public safety,and general welfare that the creation or establishment of airport hazards be prevented; and C. The prevention of these airport hazards should be accomplished,to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention or the creation or establishment of airport hazards and the elimination, removal,alteration, mitigation ZOA20-0002 Page 3 of 29 or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land. (Ord. 5026§ 1, 1997;Ord.4229 § 2, 1987.) D. For the purpose of this chapter structure means any object constructed or installed by a human being, including, but not limited to buildings,signs,fences,towers, devices, and overhead transmission lines, and tree means any object of natural growth. 18.38.020030 LF Airport Landing Field District Permitted usesUses. A. Permitted Uses. Hereafter the effective date of this ordinance all buildings,structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title: 1A. Landing,taking off,taxiing, and flying of aircraft, • - - _ - - •_ •• - : 8.36.010; 28. Aviation related business, manufacturing,service-related uses including&businesses incidental to and necessary or convenient for airport operations, including offices, eating establishments, restrooms, hangars,shops for light repairs,gasoline and oil sales and accessory structures;and 3C. Other uses as determined by the Planning Director in consultation with the Airport Manager as defined in Chapter 12.56 ACC hearing-examiner to be related to operation and use of the airport. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) 18.38.030 Restricted uses. d11-e4Pr. is Li7a1117111,:-a. .11•SZ�LIILII•_1Lls_11l ll�-LZfIL�L�illi .11si_i11J.11iL • =7� • - - •.•1fL • •�•-1� •� r11�I111 t.1�L17�1•lllll x111111- 1�JS1lR���C1-1-111.1- Rlt 16ndinpj.1kin_ •ff or m vering.o dircrafl. (•r.. 02. 1, 19P ;0 d.4"° , 1-947. 18.38.040 LF Airport Landing Field District Zoning Development Standards. Table 18.38.040 Development Standards A Minimum lot area (square feet) None B Minimum lot width None ZOA20-0002 Page 4 of 29 C Minimum lot depth None D Minimum lot coverage None E Maximum structure height 45 ft13 F Minimum front setback(feet) NoneZ G Minimum interior side setback(feet) None H Minimum street side setback(feet) NoneZ Minimum rear setback(feet) None' J Fences See ACC 18.31.0203- Landscaping 8.31.0203Landscaping See Chapter 18.50 ACC3 L Parkin See Chapter 18.52 ACC M Signs See Chapter 118.561 ACC3 N Outdoor lighting See Chapter 18.55 ACC3 1 Buildings and/or structures necessary for airport operations are exempt from the height requirements of this title when approved by the Airport Manager. 2 Must meet sight distance provisions of the engineering design standards. 3 Except as restricted elsewhere by this chapter. 18.38.050 Airport Overlay Intent and Boundaries. The purpose of the airport overlay,as identified on the City of Auburn Comprehensive Zoning Map, is to protect the utility and viability of Auburn Airport by discouraging incompatible land uses and requiring the evaluation and consideration of potential safety impacts when siting certain land uses in proximity to the airport.The airport overlay is supplemental to the established zoning districts and may be more restrictive than the underlying zoning district.The overlay is composed of six zones based on use and proximity to the airport runway.The zones were modeled after the WSDOT Aviation Airport Compatibility Zones 1-6,and the Airport's published traffic pattern. ZOA20-0002 Page 5 of 29 A.Zone 1-Runway Overlay Zone.Zone 1 is a rectangular area that encompasses the trapezoidal runway protection zone(RPZ) at each end of the runway as shown in the"Auburn Municipal Airport Master Plan,"dated May 2015, as may be amended.The purpose of Zone 1 is to maintain areas that are generally free of obstructions and significant concentrations of people.Zone 1 extends one thousand (1,000)feet in length from the ends of the future configuration of Runway 34/16 and is seven hundred and fifty (750)feet in width. B. Zone 2-Inner Safety Zone.Zone 2 is a rectangular area that extends beyond Zone 1 along the extension of the runway centerline. Next to the Zone 1 it represents the area where the risk of aircraft accidents is the greatest.This zone extends one thousand five hundred(1,500)feet from Zone 1 and is seven hundred and fifty feet (750) in width. C. Zone 3—Inner Turning Zone.Zone 3 is defined by a triangular shaped area that is positioned along each side of Zones 1 and 2.When operating visually,departing aircraft may begin turning over this area to fly toward their destination or to remain in the traffic pattern.Arriving aircraft often overfly this area as well.This zone extends three thousand (3,000)feet from the Zone 3 vertex offsets (a point that is on the runway centerline)and inward within a thirty degree sector towards the extended runway centerline. D. Zone 4-Outer Safety Zone. Zone 4 is a rectangular area that lies beyond Zone 3 along the extended runway centerline.Aircraft flying straight out or in,overfly this area at low altitude.This zone is particularly significant on runways where airport operations use instrument procedures and at busy airports where elongated traffic patterns are common.This zone extends two thousand five hundred (2,500)feet beyond Zone 3 and is five hundred (500)feet in width. E.Zone 5-Sideline Safety Zone.Zone 5 consists of narrow bands along each side of the runway and encompasses the Object Free Area (OFA), as defined by the Airport Master Plan,dated 2015, as may be amendedl.This zone is defined by a five hundred (500)foot centerline offset on each side of the runway. Aircraft do not normally fly over the sideline zone.The principal risk is from aircraft that lose directional control while landing or just after take-off. F. Zone 6—Airport Operations Zone. Zone 6 contains the remainder of the airport environment where aircraft fly as they approach and depart the airport.This zone extends six thousand five hundred (6,500) feet in length from the Zone 3 vertex offsets and six thousand (6,000)feet in width from the runway centerline. ircra#t ZOA20-0002 Page 6 of 29 18.38.060 Airport Overlay Restrictions and Standards. A.Zones 1 and 2.The following regulations shall apply within the boundaries of Zones 1 and 2: 1.The following new uses established hereafter the effective date of this ordinance are prohibited in Zones 1 and 2: a. Multiple-family dwellings,stand-alone; b. Mixed-Use development; c. Nursing home; d. Assisted living facility; e. Supportive housing; f. Hospitals; g. Senior housing; h. Schools, elementary, middle/junior high, and secondary or high school; i. Daycare center and nursery schools/preschools; j. Detached single-family dwellings, except caretakers quarters;and k. Other uses,similar to those above, or activities determined by the Planning Director in consultation with the Airport Manager to be incompatible with aviation,aviation safety, or any activity that has the potential to interfere with the airport,airport traffic patterns,and aircraft operations. 2.The following standards apply in Zones 1 and 2: a. All property owners seeking permit(s)for grading(excluding minor grading permits), building(exceed 50 percent of the value of the building or structure), extension or replacement of public utilities,subdivision,or development activity that triggers public improvements per Chapter 12.64A ACC,shall dedicate an avigation easement to the City of Auburn over the affected portion of their property prior to issuance of said permit(s).The language of the easement shall be provided by the City. b. No use may create an electrical interference with navigational signals or radio communications at the airport, or with radio or electronic communications between the airport and aircraft,or aircraft to aircraft. 4&3&030 Restricted uses. ZOA20-0002 Page 7 of 29 c. :No structure or tree shall be •laced erected or allowed to grow . . . . . ._ . _ .• E:.: t,..�..�..,.��,.......�r���z.� - - ' - •- -- - -• - ' • ..•. - •-• - -- • •- , hat makesiFg it difficult for fI+e 4Rgpilotsthe-a-irpertto distinguish between airport lights and other lights, results in glare to pilots, impairs visibility in the vicinity thereof,or otherwise endanger the landing,taking off or maneuvering of aircraft. (Ord 5026§ , '997;Ord. ^"9 4 2, 1987.) fid.No use or structure shall emit emissions of fly ash,dust,vapor,gases,steam,or other forms of emissions that may conflict with any operations of the airport. e. No use or activity shall be permitted that would foster an increase in bird population and thereby increase the likelihood of aircraft and bird impact,as determined by the Planning Director in consultation with the Airport Manager. f. In order to deter the congregation of wildlife,stormwater facilities must meet or exceed recommendations found in Appendix I-H,Airport Operations of the SWMM, as defined in ACC 12.04.010(B). B.Zone 3.The following regulations shall apply within the boundary of Zone 3: 1.The new uses contained in (A)(1)are prohibited in Zone 3. 2.The standards of(A)(2)(a)through (d)apply. C. Zone 4.The following regulations shall apply with the boundary of Zone 4: 1.The standards of(A)(2)(a)through (d)apply. D. Zone 5.The following regulations shall apply within the boundary of Zone 5: 1.The standards of(A)(2)(a)through (f)apply. E.Zone 6.The following regulations shall apply within the boundary of Zone 6: 1.The standards of(A)(2)(b) and (c)apply. ZOA20-0002 Page 8 of 29 2. All property owners within 1,000 feet of properties zoned LF, Landing Field District seeking permit(s)for grading (excluding minor grading permits), building(exceed 50 percent of the value of the building or structure), extension or replacement of public utilities,subdivision, or development activity that triggers public improvements per Chapter 12.64A ACC,shall record aviation disclosure notice with the King County Recorder's Office notifying, in writing,to future owners and tenants prior to signing a lease or sale, of the possible affects from aviation activities.The language of the notice shall be provided by the City. 18.38.040070 Federal Aviation Regulations (FAR) Part 77 Surfaces and Other Surfaces. Zones established generally. A. In order to carry out the previsienspurpose and intent of this chapter,there are created and established certain _zones surfaces, including: ll of the land lying within the primary surface, non:instrument approach surfacezene,transition surfacezene, horizontal surfacezene, conical surfacezene,as well as the Terminal Instrument Procedures (TERPS)airspace surfaces. and obstacle free aresThese ;areas and zones surfaces,with exception of the TERPS, are shown on the"City of . -- • •-. - . - • - • -, •• . .. •• the F r- Regulatien-s4FAR3 Part 77 drawing, as amended,which is on file in the city clerk's office.Other surfaces not provided for here, are included in the"Auburn Municipal Airport Layout Plan", dated May 2015, as may be amended.The surfaces defined for the runway summarized below are consistent with the currently adopted airport layout plan (ALP) and FAR Part 77 Airspace Plan drawings for the airport. — 5026§ 1, 1997; Ord.4229§ 2, 19874 1. Primary surface. The primary surface, is centered on top of the runway and extends two hundred feet beyond each end.The primary surface is longitudinally centered on the runway with a width of two hundred and fifty(250)feet and extends two hundred (200)feet beyond each end of the runway. (Ord. 5026§ 1, 1997; Ord.4229§2, 1987.142-50444-0004— 18.38.0502_—Approach zene.surface. A non:instrument approach surface is established at each end of all non:instrument runways for landings and takeoffs.The inner width of the approach surface is two hundred and fifty(2501feet ZOA20-0002 Page 9 of 29 at a distance of two hundred (2001 feet beyond the physical end of the runway, and it expands uniformly to a width of one thousand,a44€1-two hundred and fifty(1,2501feet.This approach surface extends for a horizontal distance of five thousand (5,0001feet at a slope of twenty to one (20:1).The elevation of the inner width of the approach surface is the same as the elevation of the nearest point on the runway centerline. (Ord. 5026§ 1, 1997;Ord.4229 §2, 1987.) 18:38.0603.Transitional zeffesurface. The transitional surface extends outward and upward at right angles to the runway centerline and the runway centerline extends at a slope of seven to one(7:1)from a line one hundred and twenty five (1251 feet from the runway centerline or runway end and from the sides of the approach surfaces.The elevation of the line one hundred and twenty five(125Lfeet from the runway centerline or runway centerline extended for two hundred (2001feet beyond each runway end is the same as the elevation of the nearest point on the runway centerline. (Ord. 5026§ 1, 1997; Ord. 4229§ 2, 1987.) 18.38.0704. Horizontal_ zonc.surface. A horizontal surface is established above the airport.This horizontal surface is a plane one hundred and fifty(1501 feet above the established airport elevation,the perimeter of which is constructed by swinging which swing five thousand (5,0001 feet in a radius from the center of each end of the primary surface of the runway and connecting the adjacent arcs by lines tangent to those arcs. .e -- . • _ _ • _ . . (Ord. 5026§ 1, 1997;Ord.4229 §2, 1987.) ZOA20-0002 Page 10 of 29 18.38.0805. Conical zone.surface. A conical surface is established which extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1)for a horizontal distance of four thousand {4,0001 feet. {Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.} 6. Terminal Instrument Procedures (TERPS) Surfaces. Airspace surfaces associated with instrument approach and departure of aircraft to and from the iaoairport as determined by the Airport Manager. 18.38.085 Obstacle free area. .. e . - . . .. . .. .. •, {Ord. 5026§ 1, 1997.} 18.38.090B_—Height limitations–Established-Genera y._ Except as otherwise provided in this chapter, no structure or tree shall be permitted, approved, erected, altered, allowed to grow,or maintained in any zone surface created in this chapter to have a height in excess of the height limits established in ACC 18.38.100 through 18.38.130 for such zonebelow. Q=�, 38 01_ Height limitations Noninstrument approach zoneApproach Surface (Non- instrument). The height limitations for non_instrument approach surfaces begin at a point two hundred (2001feet from and at the centerline elevation of the end of the runway and extend for a horizontal distance of five thousand (5,0001 feet at a slope of twenty to one (20:1). (Ord. 5026 § 1, 1997; Ord. 4229§ 2, 1987.) 18.38.1102. Height limitations Transition zones.Transition surface. ZOA20-0002 Page 11 of 29 The height limitations for transition zones shall be as follows: One foot in height for each seven feet in horizontal distance beginning at any point one hundred and twenty five(1251feet normal to and at the elevation of the centerline of non-instrument runways,extending two hundred (2001feet beyond each end thereof,extending to a height of one hundred and fifty(1501 feet above the airport elevation which is sixty three(63)59 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) 18.38.1203. Height limitations Horizontal zonc5Horizontal surface. The height limitation for a horizontal zone shall be as follows:one hundred and fifty(1501feet above the airport elevation or a height of two hundred and thirteen (213)209 feet above mean sea level. (Ord. 5026§ 1, 1997;Ord.4229§ 2, 1987.) 18,38,13-04. Height limitations Conical zoncs.Conical surface. The conical surface involves a slope of twenty to one(20:1)for a horizontal distance of four thousand (4,0001 feet.The relative difference in elevation between the inner and outer edge of the conical surface is two hundred (2001 feet.The elevation of the outer edge of the conical surface is three hundred and fifty(350)300 feet above the established airport elevation. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) C. Height limitations—Compliance.Where the height of any new structure or tree, has the potential to exceed the surfaces established in ACC 18.38.070(A),applicants must demonstrate compliance with the height limitation. s�;._._:,s�z.:.s•..•. i-,:.:tee .:=•L.: u- .::-��.s.:.�••_ • .yy •rye.l�J1CL�•�••� • �L_.�Jll`i7i3 J1�1_�a'illCf7alJ •.'L.1'L•171a'J J.`411.sLI�11. - _ _ •- . .' _ - .•.. A. •• - • _ •- ' . Each application for a permit shall • • •- `s.:::.�a s;,�z:, ' -contain sufficient information t• .:::.=.,�J3e- _-r in d--- whether the resultin• s&structure or tree :. :will conform to the regulations thereifthe .r- ri•-• ...-.:,.».:::.:.-.;:�,�,;s,;;s..::..::..;.«,:.� �.:::._.:.•..�:,•_ .•s...z ZOA20-0002 Page 12 of 29 1.The Planning Director in consultation with the Airport Manager may require one or all of the following documentation to demonstrate compliance with the surfaces established in ACC 18.38.070(A): a. A certificate from a Washington state licensed professional,engineer, or land surveyor, stating that no airspace obstruction will result from the proposed structure or tree being constructed or installed. b. The maximum elevation of proposed structures based on the established airport elevation. c. Prepare and submit FAA Form 7460"Notice of Proposed Construction or Alteration". d. Other documentation as determined by the Airport Manager. D. Height limitations—Mitigation and Maintenance.Where the height of any new structure or tree, exceeds the surfaces established in ACC 18.38.070(A), applicants will be responsible for the following mitigation and ongoing maintenance activities: 1.The Airport Manager may require the installation of markers and lights or markers as a warning to aircraft.The markers and lights shall meet FAA specifications, be installed,operated,and maintained at the expense of the owner of the structure. A public maintenance easement granting city access to the markers and lights shall be required. 2.Trees shall be maintained such that they do not penetrate the airspace. 3. Exceptions may include the following: a. Because of natural terrain, land contour,or topographic features, a structure or object would extend above the height limits of each surface. b. Structures necessary and incidental to airport operations. 18.38.08140 Nonconforming structures, trees, and uses. structures and trees— A.Applicability.This section describes the circumstances in which a structure,tree,or use is considered nonconforming and when nonconforming provisions apply.Any structure or tree that legally existed prior to the regulations as of March 22, 1969 is considered nonconforming.Any use in ACC 18.38.030 that legally existed prior to the effective date of this ordinance is considered nonconforming.Any use in ACC 18.38.060 that legally existed prior to the effective date of this ordinance is not considered nonconforming. Nonconforming structures,trees, and uses are generally exempt from this chapter ZOA20-0002 Page 13 of 29 except as may be compelled by state or federal regulations or if it loses its nonconforming status pursuant to the regulations contained in this section.The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of March 22, 1969, or otherwise interfere with the continuance of any nonconforming use. (Ord. 5026§ 1, 1997;Ord. 4229§ 2, 1987.) ZOA20-0002 Page 14 of 29 18.38.150 Nonconforming structures and trees -B. Marking and lighting._ Notwithstanding the provisions of ACC 18.38.070(A) 18.38.110,the owner of any nonconforming structure or tree is required to permit the installation,operation,_and maintenance thereon of such markers and lights as are deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such aircraft hazards.Such markers and lights shall_ meet FAA specifications, —be installed at City cost th.eCity, and operated and maintained by the eCity.-A public maintenance easement agreement granting city access shall be required. (Ord. 5026 § 1, 1997;Ord.4229§ 2, 1987.) C.Alteration.Alteration of nonconforming structures,trees, and uses are subject to the following regulations. 1. Nonconforming structures may be maintained, repaired, restored,added onto, enlarged, or relocated in accordance with the provisions of ACC 18.54.060.A nonconforming structure that is restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as established by the most current county assessor's tax roll, relocated, enlarged,or added onto must conform to ACC 18.38.070. 2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC. 3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC.A nonconforming sign that is enlarged, made taller, relocated, or loses its nonconforming status per ACC 18.56.030(J), must conform to ACC 18.38.070. 4.Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform to ACC 18.38.070. 5. Notwithstanding the provisions of ACC 18.38.080(C)(1)through (41,, no permit shall be granted h. w. Id .Il.w h- -s . • i hm-n •r r-. ion .f .n air.. h. .rd •r •-r i . n.n inf. min: u - structure or tree to be made or become higher.or become a greater hazard to air navigation. a lications for h a permit shall be granted. (Ord. 5026§ 1 1.97.Or'.4229 • 2 1•=7. D. Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC 18.54.070.Any tree that is diseased,decayed, dead,or dying must be removed, and if required, replaced with tree that conforms to ACC 18.38.070. ZOA20-0002 Page 15 of 29 18.38.160 Structure and use permits. • LJL!►i'.LL�ltf►iTLI•.W!1571.1.1•L:AtSL.; IrJ • • . ..e—.. • e--.fie ••f; -• • ie_L;e .a..••-.il�J�fll:a-ll1-�— `7l�JJ�1LLR:►�• _ •�J- _ R •-1 •• • . A. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be height limits prescribed for such zone. of not less than 5,000 feet from a point 200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when— _such trees or structures would extend above the height limit prescribed for such noninstrument approach zone. C. The transitional surface does not extend beyond the perimeter of the horizontal surface. (Ord. 5026 § 1, 1997; Ord. 1229§ 2, 1987.} ZOA20-0002 Page 16 of 29 18.38.170 Nonconforming structures or trees– Alteration. A. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, airport manager and, if applicable, the building official. • •• 1 • • • • - 11-11aL1 J:J:La'1L 11!•L�1iJ!L lfll.l'1P�lll'1•l T-1.1 j'111,0 111•J11!11:1Aif•J�1••J:1!111-1•Jia.:/: Il1'1R. •• . / •. 18.38.180 Nonconforming r - - - - - ' .1 . - - - - -Permit prohibited. • . —.• -• . • .. •, :• - - . - - - . . .. a - . .. • Ord. '1229 § 2, 1987.) 18.38.190090Variances. Requirements for variances. A. Requirements. If the applicant seeks a variance to erect or increase the height of any structure, or permit the growth of any tree, or use their property, not in accordance with the regulations prescribed in this chapter,the variance shall be subject to the criteria contained in ACC 18.70.010 and processed according to the applicable provisions of Chapter 18.70 ACC. Any person desiring to erect or increase the • . . •. . - • . •_ . 18.38.200 Variance Grant conditions. B. Approval conditions. Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the ZOA20-0002 Page 17 of 29 owner of the structure or tree requesting a variance to install, operate and maintain at their own expense such markers and lights as determined by the Airport Manager may be necessary to indicate to aircraft operatorsfiier4 the presence of an airport hazard. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) 18.38.210100_Decision appeals—Generally. Any person aggrieved,or any property ownertaxpayer affected, by any decision of the city made in its administration of this chapter may appeal to the hearing examiner. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) 18.38.220110 Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area,whether the conflict is with respect to the height of structures or trees,the use of land,or any other matter,the more stringent limitation or requirement shall govern and prevail. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) 18.38.230120 Enforcement. It shall be the duty of the .' .- • • - -• • . • • Department of Public Works and the Department of Community Development to administer and enforce the regulations prescribed in this chapter. (Ord. 5026§ 1, 1997;Ord.4229§2, 1987.) 18.38.240130 Violation — Penalty. Each violation of this chapter or of any regulation,order or ruling promulgated under this chapter constitutes a misdemeanor and is punishable as provided in ACC 1.24.010. Each day a violation continues to exist constitutes a separate offense. (Ord. 5026§ 1, 1997; Ord.4229 § 2, 1987.) 18.38.250 Development standards. . . •-- . -. - • . - . - . _ - ; C. Mi i t the red; ■ _ . ZOA20-0002 Page 18 of 29 1. Front:20 feet, 2. Side, interior: none required, 3. Side,street: 15 feet, 4. Rcvr: none required; G. Fences and hedges:see Chapter 18.31 ACC; I. Landscaping:see Chapter 18.50 ACC; J. Signs: see Chapter 18.56 ACC.(Ord. 5777§ 1, 2003;Ord. 5026§ 1, 1997;Ord. '1229§2, 1987.) Chapter 18.01 USER GUIDE 18.01.030 How do I determine what uses are allowed on a particular property? The first step in determining allowed uses is verifying the zoning on the property,which can be done by speaking with city of Auburn planning department staff or by consulting the city's official zoning map. When verifying a property's zoning, it is also important to note any overlays that may be marked on the zoning map. Overlays may have additional requirements or otherwise modify the allowed uses and development standards for a zone.The overlay Rregulationsfo erlays, such ac those established for Lea Hill,West Hill, and designated urban separator areas, are contained in Chapter 18.21 ACC. and for the airport are contained in Chapter 18.38 ACC.: The sections devoted to particular zones described on the zoning map form the framework of the zoning code. Each of these sections contains the intent statement for the particular zone,a table of allowed uses,as well as tables for dimensional standards (building height,setbacks,and lot coverage) and cross- references to other standards such as landscaping and parking requirements. It is important to note that each section contains only regulations that apply specifically to that zone, and development standards that apply to all zones are addressed through cross-references to other chapters of the zoning code. (Ord. 6245 § 1, 2009.) ZOA20-0002 Page 19 of 29 Chapter 18.04 DEFINITIONS 18.04.039 Aircraft Operations. The movement of aircraft operating in the airport traffic pattern or within sight of the airport.A landing or takeoff is one operation.An aircraft that takes off and then lands creates two aircraft operations. 18.04.072 Airport Manager. See definition in Chapter 12.56 ACC. 18.04.040 Airport, heliport or aircraft landing field. "Airport," "heliport,"or"aircraft landing field" means any runway, landing area or other facility whether publicly or privately owned or operated, and which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft, including ultralights as defined - by ACC 8.36.010.This definition includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.This definition does not include manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith 18.04.365 FAR Part 77 Surfaces. The Federal Aviation Administration's Federal Aviation Regulations(FAR) Part 77 Surfaces are the imaginary airspace surfaces established with any relation to each runway of an airport.There are five types of surfaces: (1) primary, (2)approach, (3)transitional, (4) horizontal,and (5)conical.These surfaces are above and around airports and require protection from potential obstructions that might interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the ground.An object or structure with an elevation higher than the FAR Part 77 surface elevation is considered to penetrate the FAR Part 77 Surfaces and constitute an obstruction to navigable airspace. Navigable airspace is defined by the FAA pursuant to Title 14 Code of Federal Regulations Part 77, Imaginary Surfaces. ZOA20-0002 Page 20 of 29 18.04.676.1 Overlay Zone. "Overlay zone" is supplemental to the underlying zoning district and may establish additional or stricter standards and criteria for properties in addition to those of the underling zoning district. Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES 18.23.030 Uses. A. General Permit Requirements.Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zone and the land use approval process required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030("Standards for Specific Land Uses") includes a reference to a code section number,the referenced section determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are separately prohibited by that chapter or will be required to comply with additional regulations that are associated with the airport overlay. Table 18.23.030. Permitted,Administrative,Conditional and Prohibited Uses by Zone,Commercial and Industrial Zones P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses INDUSTRIAL, MANUFACTURING AND PROCESSING,WHOLESALING Building contractor, light X X X P X P X P Building contractor, X X X X X A X P heavy ZOA20-0002 Page 21 of 29 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Manufacturing, X X X P X P P P ACC 18.31.180 assembling and packaging—Light intensity Manufacturing, X X X A X P A P ACC 18.31.180 assembling and packaging—Medium intensity Manufacturing, X X X X X X X A ACC 18.31.180 assembling and packaging—Heavy intensity Marijuana processor X X X X X CCC Chapter 18.59 ACC Marijuana producer X X X X X CCC Chapter 18.59 ACC Marijuana researcher X X X X X CCC Chapter 18.59 ACC Marijuana retailer X X X C X CCC Chapter 18.59 ACC Marijuana transporter X X X X X CCC Chapter 18.59 ACC business Outdoor storage, X X X P X P P P ACC 18.57.020(A) incidental to principal permitted use on property Storage—Personal X P X P X P X P ACC 18.57.020(B) household storage facility (mini-storage) ZOA20-0002 Page 22 of 29 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Warehousing and X X X X X P P C ACC 18.57.020(C) distribution Warehousing and X X X P X P P P distribution, bonded and located within a designated foreign trade zone Wholesaling with on-site X X X P X P P P retail as an incidental use (coffee, bakery, e.g.) RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation X P P P P P P A facility, indoor Commercial recreation X X X A A P A A ACC 18.57.025(A) facility, outdoor Conference/convention X X A A X A X X facility Library, museum X A A A X A P X Meeting facility, public or A P P P X A P A private Movie theater, except X P P P P X X X drive-in Private school— A AP P P P P P Specialized education/training(for profit) ZOA20-0002 Page 23 of 29 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Religious institutions, lot A P P P A A A A size less than one acre Religious institutions, lot C P P P A A A A size more than one acre Sexually oriented X X X P X P X P Chapter 18.74 ACC businesses Sports and X X A A X A X A entertainment assembly facility Studio—Art, dance, P P P P P P A A martial arts, music, etc. RESIDENTIAL Caretaker apartment X P P P X P P P Live/work unit X X P PPP P X Work/live unit X PP P PP P X Marijuana cooperative X X X X X X X X Multiple-family dwellings X X P P P P P X ACC 18.57.030 as part of a mixed-use development2 Multiple-family X X X X X X X X dwellings,stand-alone Nursing home, assisted X P P P C X X X living facility Senior housing2 X X A A X X X X ZOA20-0002 Page 24 of 29 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses RETAIL Building and landscape X X X P X P X P ACC 18.57.035(A) materials sales Construction and heavy X X X X X A X P equipment sales and rental Convenience store A AP P X P P P Drive-through espresso A A A P A P A A stands Drive-through facility, A A A P P P X P ACC 18.52.040 including banks and restaurants Entertainment, X AP P X A X A commercial Groceries,specialty food PPPP PP P X ACC 18.57.035(B) stores Nursery X X X P A P X P ACC 18.57.035(C) Outdoor displays and P P P P PP P P ACC 18.57.035(D) sales associated with a permitted use (auto/vehicle sales not included in this category) Restaurant, cafe, coffee PPP P PP P P shop Retail ZOA20-0002 Page 25 of 29 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Community retail AP P P PP X P establishment Neighborhood retail P PP P PP X P establishment Regional retail X X X P P P X A establishment Tasting room PPP PPP PP Tavern P P X P P P X A Wine production facility, AP P P PP P P small craft distillery, small craft brewery SERVICES Animal daycare A A A P A P X P ACC 18.57.040(A) (excluding kennels and animal boarding) Animal sales and services P PP P PP X P ACC 18.57.040(B) (excluding kennels and veterinary clinics) Banking and related PPP P PP PP financial institutions, excluding drive-through facilities Catering service PP P P AP AP Daycare, including mini AP P P PP P X daycare, daycare center, ZOA20-0002 Page 26 of 29 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses preschools or nursery schools Dry cleaning and laundry PPPP PP P P service (personal) Equipment rental and X X X P X P X P leasing Kennel, animal boarding X X X A X A X A ACC 18.57.040(C) Government facilities; A A A A A A A A this excludes offices and related uses that are permitted outright Hospital X PPP X P X P Lodging—Hotel or motel X P P P P A P A Medical—Dental clinic P PP P P P X X Mortuary,funeral home, AP X P X P X X crematorium Personal service shops P P P P PP X X Pharmacies P P P P P X X X Print and copy shop P PPP PP X X Printing and publishing X AP P P P P P (of books, newspaper and other printed matter) Professional offices PPPPPP P P ZOA20-0002 Page 27 of 29 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Repair service— X AP P P P X P ACC 18.57.040(D) Equipment, appliances Veterinary clinic, animal AP P P P P X X hospital Youth community X P X X X X X X ACC 18.57.040(E) support facility TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance,taxi, and X X X A X P X P specialized transportation facility Broadcasting studio X P X P X P X P Heliport X X X C X C X C Motor freight terminal' X X X X X X X X See Footnote No. 1 Parking facility, public or X P P P PP P X commercial,surface Parking facility, public or X P P P PP P X commercial, structured Towing storage yard X X X X X A X P ACC 18.57.045(A) Utility transmission or A A A A A A A A distribution line or substation Wireless * * * * * * * * *See ACC 18.31.100 for communications facility use regulations and (WCF) (See ACC zoning development 18.04.912(W)) standards. ZOA20-0002 Page 28 of 29 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Eligible facilities request PPPP PP P P (EFR) (wireless communications facility) (See ACC 18.04.912(H)) Small wireless facilities PPP P PP P P (ACC 18.04.912(Q)) VEHICLE SALES AND SERVICES Automobile washes X A X P P P X P ACC 18.57.050(A) (automatic,full or self- service) Auto parts sales with X A A P P P X P installation services Auto/vehicle sales and X A X P X P X P ACC 18.57.050(B) rental Fueling station X A A P P P X P ACC 18.57.050(C) Mobile home, boat, or X X X P X P X P RV sales Vehicle services— X X A P X P X P ACC 18.57.050(D) Repair/body work OTHER Any commercial use A A A A A A A A abutting a residential zone which has hours of operation outside of the following: Sunday: 9:00 a.m. to 10:00 p.m. or ZOA20-0002 Page 29 of 29 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Monday—Saturday:7:00 a.m.to 10:00 p.m. Other uses may be PPPP PP PP permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted.See ACC 18.02.120(C)(6), Unclassified Uses. 1 Any motor freight terminal,as defined by ACC 18.04.635,in existence as of the effective date of the ordinance codified in this section,is an outright permitted use in the M-1 and M-2 zones.Any maintenance,alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040,Development standards, are allowed. 2 Any mixed-use development or senior housing project vested prior to Resolution No.5187(December 7,2015) is an outright permitted use in the C-1 zone.Subsequently,if a nonresidential use within a vested mixed-use development changes,then the nonresidential use shall maintain a minimum of 10 percent of the cumulative building ground floor square footage consisting of the uses permitted outright,administratively,or conditionally, listed under"Recreation, Education,and Public Assembly,""Retail,"or"Services"of the C-1 zone. (Ord. 6799§6 (Exh. F),2020;Ord. 6728§3 (Exh. C), 2019;Ord. 6688§ 1(Exh. 1),2018;Ord. 6644§2, 2017;Ord. 6642§ 9, 2017;Ord. 6508§ 1,2014; Ord. 6433 § 26, 2012.) e///WEST CENTURY • .}`'I. ?'„ ;s. EXHIBIT B ENGINEERING *;'F ,1 ,�e J ' I":,. i "••••--500' ryE i 2,500'\N\ I ZONE 6 ARC'S VERTEX --__1 i 5,000' II"" _____... 30 \or.-- --.-I. © -750' 1,500' '? 1 : - ;11:- 1,000' - RUNWAY 16 END — 4 moo- % I / -200' 1,500' i 0/ ZONE 3 VERTEX OFFSET 500'--.- I ad. 6,000' ��-- ► IU ' e ,. Q ZONE 3 VERTEX OFFSET • E , I. .. . oC ,/ I `` i 200' / I 1,500' RUNWAY 34 END I' �. a 1,000' QT I (a) i • =-750' /.„.. I 1,500' 30' _�� ZONE 6 ARC'S VERTEXNN , 1 / i / I5,000' �-500' 2,500' . 4 j - RUNWAY OVERLAY ZONE L) 0 OUTER SAFETY ZONE (4) 1 I INNER SAFETY ZONE O I I SIDELINE SAFETY ZONE (5) I I INNER TURNING ZONE 0 I I AIRPORT OPERATIONS ZONE(16) ; REV. DATE 8/2/21 LEGEND RUNWAY AUBURN MUNICIPAL AIRPORT AIRPORT TRAFFIC PATTERN NOTE: WSDOT AIRPORT COMPATIBILITY ZONES 1.AIRPORT COMPATIBILITY ZONES BASED ON AIRPORT LAYOUT PLAN 4,118'RUNWAY LENGTH;AS-BUI'_T(2020) FIGURE 2 OF 2 EXHIBIT C Page 1 of 25 Chapter 18.38 LF AIRPORT LANDING FIELD DISTRICT, OVERLAY, AND FAR PART 77 SURFACES Sections: 18.38.010 Intent. 18.38.020 Purpose. 18.38.030 LF Airport Landing Field District Permitted Uses. 18.38.040 LF Airport Landing Field District Development Standards. 18.38.050 Airport Overlay Intent and Boundary. 18.38.060 Airport Overlay Restrictions and Standards. 18.38.070 Federal Aviation Regulations Part 77 Surfaces and Other Surfaces. 18.38.080 Nonconforming Uses,Structures,and Trees. 18.38.090 Variances. 18.38.100 Decision Appeals—Generally. 18.38.110 Conflicting Regulations. 18.38.120 Enforcement. 18.38.130 Violation—Penalty. 18.38.010 Purpose. The provisions of this chapter apply to lands located within the LF Airport Landing Field Zoning District, Airport Zoning Overlay,and Federal Aviation Administration (FAA) Federal Regulation Title 14 Part 77 Imaginary Surfaces (FAR Part 77 Surfaces) and other Surfaces.The airport overlay and the FAR Part 77 Surfaces and other surfaces are supplemental to the existing zoning districts and may be more restrictive than the underlying zoning designation.The restrictions, performance standards,and requirements of the airport overlay shall be in addition to those of the underlying zone and,where explicitly noted,supersede the underlying zoning. If implementation of this chapter conflicts with other provisions of the City Code,State, or federal law,the more restrictive requirement applies. 18.38.020 Intent. The intent of this chapter is to apply the City's Comprehensive Plan and to implement certain land use and zoning development standards to reduce or avoid potential for airport related hazards. It is found that an airport hazard endangers the lives and property of users of the municipal airport and of ZOA20-0002 Page 2 of 25 occupants of land or property in its vicinity,and also, if of the obstruction type, in effect reduces the size of the area available for the landing,taking off, and maneuvering of aircraft,thus tending to destroy or impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared that: A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the municipal airport; B. It is necessary in the interest of the public health, public safety,and general welfare that the creation or establishment of airport hazards be prevented; and C. The prevention of these airport hazards should be accomplished,to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land. (Ord. 5026§ 1, 1997;Ord.4229 § 2, 1987.) D. For the purpose of this chapter structure means any object constructed or installed by a human being, including, but not limited to buildings,signs,fences,towers, devices, and overhead transmission lines,and tree means any object of natural growth. ZOA20-0002 Page 3 of 25 18.38.030 LF Airport Landing Field District Uses. A. Permitted Uses. Hereafter the effective date of this ordinance all buildings,structures,or parcels of land shall only be used for the following, unless otherwise provided for in this title: 1. Landing,taking off,taxiing,and flying of aircraft; 2. Aviation related business, manufacturing, service-related uses including businesses incidental to and necessary or convenient for airport operations, including offices, eating establishments, restrooms, hangars,shops for light repairs,gasoline and oil sales and accessory structures; and 3. Other uses as determined by the Planning Director in consultation with the Airport Manager as defined in Chapter 12.56 ACC to be related to operation and use of the airport. (Ord. 5026§ 1, 1997; Ord. 4229 §2, 1987.) 18.38.040 LF Airport Landing Field District Zoning Development Standards. Table 18.38.040 Development Standards A Minimum lot area (square feet) None B Minimum lot width None C Minimum lot depth None D Minimum lot coverage None E Maximum structure height 45 ft" F Minimum front setback(feet) NoneZ G Minimum interior side setback (feet) None H Minimum street side setback(feet) None2 Minimum rear setback(feet) NoneZ Fences See ACC 18.31.0203 K Landscaping See Chapter 18.50 ACC3 L Parking See Chapter 18.52 ACC ZOA20-0002 Page 4 of 25 M Signs See Chapter 18.56 ACC3 N Outdoor lighting See Chapter 18.55 ACC3 1 Buildings and/or structures necessary for airport operations are exempt from the height requirements of this title when approved by the Airport Manager._ 2 Must meet sight distance provisions of the engineering design standards. 3 Except as restricted elsewhere by this chapter. 18.38.050 Airport Overlay Intent and Boundaries. The purpose of the airport overlay, as identified on the City of Auburn Comprehensive Zoning Map, is to protect the utility and viability of Auburn Airport by discouraging incompatible land uses and requiring the evaluation and consideration of potential safety impacts when siting certain land uses in proximity to the airport.The airport overlay is supplemental to the established zoning districts and may be more restrictive than the underlying zoning district.The overlay is composed of six zones based on use and proximity to the airport runway.The zones were modeled after the WSDOT Aviation Airport Compatibility Zones 1-6, and the Airport's published traffic pattern. A. Zone 1-Runway Overlay Zone.Zone 1 is a rectangular area that encompasses the trapezoidal runway protection zone (RPZ) at each end of the runway as shown in the"Auburn Municipal Airport Master Plan,"dated May 2015,as may be amended.The purpose of Zone 1 is to maintain areas that are generally free of obstructions and significant concentrations of people.Zone 1 extends one thousand (1,000)feet in length from the ends of the future configuration of Runway 34/16 and is seven hundred and fifty (750)feet in width. B.Zone 2-Inner Safety Zone. Zone 2 is a rectangular area that extends beyond Zone 1 along the extension of the runway centerline. Next to the Zone 1 it represents the area where the risk of aircraft accidents is the greatest.This zone extends one thousand five hundred (1,500)feet from Zone 1 and is seven hundred and fifty feet (750) in width. C. Zone 3—Inner Turning Zone.Zone 3 is defined by a triangular shaped area that is positioned along each side of Zones 1 and 2.When operating visually,departing aircraft may begin turning over this area to fly toward their destination or to remain in the traffic pattern.Arriving aircraft often overfly this area as well.This zone extends three thousand (3,000)feet from the Zone 3 vertex offsets (a point that is on ZOA20-0002 Page 5 of 25 the runway centerline)and inward within a thirty degree sector towards the extended runway centerline. D. Zone 4-Outer Safety Zone. Zone 4 is a rectangular area that lies beyond Zone 3 along the extended runway centerline.Aircraft flying straight out or in, overfly this area at low altitude.This zone is particularly significant on runways where airport operations use instrument procedures and at busy airports where elongated traffic patterns are common.This zone extends two thousand five hundred (2,500)feet beyond Zone 3 and is five hundred (500)feet in width. E. Zone 5 -Sideline Safety Zone.Zone 5 consists of narrow bands along each side of the runway and encompasses the Object Free Area (OFA),as defined by the Airport Master Plan,dated 2015, as may be amended.This zone is defined by a five hundred (500)foot centerline offset on each side of the runway. Aircraft do not normally fly over the sideline zone.The principal risk is from aircraft that lose directional control while landing or just after takeoff. F. Zone 6—Airport Operations Zone. Zone 6 contains the remainder of the airport environment where aircraft fly as they approach and depart the airport. This zone extends six thousand five hundred (6,500) feet in length from the Zone 3 vertex offsets and six thousand (6,000)feet in width from the runway centerline. ZOA20-0002 Page 6 of 25 18.38.060 Airport Overlay Restrictions and Standards. A. Zones 1 and 2. The following regulations shall apply within the boundaries of Zones 1 and 2: 1.The following new uses established hereafter the effective date of this ordinance are prohibited in Zones 1 and 2: a. Multiple-family dwellings,stand-alone; b. Mixed-Use development; c. Nursing home; d. Assisted living facility; e. Supportive housing; f. Hospitals; g. Senior housing; h. Schools, elementary, middle/junior high, and secondary or high school; i. Daycare center and nursery schools/preschools; j. Detached single-family dwellings, except caretakers quarters; and k. Other uses,similar to those above, or activities determined by the Planning Director in consultation with the Airport Manager to be incompatible with aviation, aviation safety, or any activity that has the potential to interfere with the airport, airport traffic patterns, and aircraft operations. 2.The following standards apply in Zones 1 and 2: a. All property owners seeking permit(s)for grading(excluding minor grading permits), building(exceed 50 percent of the value of the building or structure), extension or replacement of public utilities,subdivision,or development activity that triggers public improvements per Chapter 12.64A ACC, shall dedicate an avigation easement to the City of Auburn over the affected portion of their property prior to issuance of said permit(s).The language of the easement shall be provided by the City. b. No use may create an electrical interference with navigational signals or radio communications at the airport,or with radio or electronic communications between the airport and aircraft,or aircraft to aircraft. c. No structure or tree shall be placed, erected, or allowed to grow that makes it difficult for pilots to distinguish between airport lights and other lights, results in glare to pilots, impairs visibility in the vicinity thereof,or otherwise endanger the landing,taking off or maneuvering of aircraft. ZOA20-0002 Page 7 of 25 d. No use or structure shall emit emissions of fly ash, dust,vapor,gases,steam, or other forms of emissions that may conflict with any operations of the airport. e. No use or activity shall be permitted that would foster an increase in bird population and thereby increase the likelihood of aircraft and bird impact, as determined by the Planning Director in consultation with the Airport Manager. f. In order to deter the congregation of wildlife,stormwater facilities must meet or exceed recommendations found in Appendix I-H,Airport Operations of the SWMM, as defined in ACC 12.04.010(B). B.Zone 3.The following regulations shall apply within the boundary of Zone 3: 1.The new uses contained in (A)(1)are prohibited in Zone 3. 2. The standards of(A)(2)(a)through (d) apply. C. Zone 4.The following regulations shall apply with the boundary of Zone 4: 1.The standards of(A)(2)(a)through (d)apply. D.Zone 5.The following regulations shall apply within the boundary of Zone 5: 1.The standards of(A)(2)(a)through (f) apply. E. Zone 6.The following regulations shall apply within the boundary of Zone 6: 1.The standards of(A)(2)(b)and (c)apply. 2. All property owners within 1,000 feet of properties zoned LF, Landing Field District seeking permit(s)for grading(excluding minor grading permits), building(exceed 50 percent of the value of the building or structure), extension or replacement of public utilities,subdivision,or development activity that triggers public improvements per Chapter 12.64A ACC,shall record aviation disclosure notice with the King County Recorder's Office notifying, in writing,to future owners and tenants prior to signing a lease or sale, of the possible affects from aviation activities.The language of the notice shall be provided by the City. 18.38.070 Federal Aviation Regulations (FAR) Part 77 Surfaces and Other Surfaces. A. In order to carry out the purpose and intent of this chapter,there are created and established certain surfaces, including: all of the land lying within the primary surface, non-instrument approach surface, ZOA20-0002 Page 8 of 25 transition surface, horizontal surface,conical surface,as well as the Terminal Instrument Procedures (TERPS) airspace surfaces.These surfaces,with exception of the TERPS, are shown on the FAR Part 77 drawing, as amended,which is on file in the city clerk's office. Other surfaces not provided for here, are included in the"Auburn Municipal Airport Layout Plan", dated May 2015, as may be amended.The surfaces defined for the runway summarized below are consistent with the currently adopted airport layout plan (ALP) and FAR Part 77 Airspace Plan drawings for the airport. 1. Primary surface.The primary surface, is centered on top of the runway and extends two hundred feet beyond each end.The primary surface is longitudinally centered on the runway with a width of two hundred and fifty(250)feet and extends two hundred (200)feet beyond each end of the runway. (Ord. 5026 § 1, 1997;Ord.4229§ 2, 1987.) 2.Approach surface.A non-instrument approach surface is established at each end of all non- instrument runways for landings and takeoffs.The inner width of the approach surface is two hundred and fifty(250)feet at a distance of two hundred (200)feet beyond the physical end of the runway, and it expands uniformly to a width of one thousand,two hundred and fifty(1,250)feet. This approach surface extends for a horizontal distance of five thousand (5,000)feet at a slope of twenty to one(20:1).The elevation of the inner width of the approach surface is the same as the elevation of the nearest point on the runway centerline. (Ord. 5026§ 1, 1997; Ord. 4229§ 2, 1987.) 3.Transitional surface.The transitional surface extends outward and upward at right angles to the runway centerline and the runway centerline extends at a slope of seven to one (7:1)from a line one hundred and twenty five (125)feet from the runway centerline or runway end and from the sides of the approach surfaces.The elevation of the line one hundred and twenty five (125)feet from the runway centerline or runway centerline extended for two hundred (200)feet beyond each runway end is the same as the elevation of the nearest point on the runway centerline. (Ord. 5026 § 1, 1997;Ord.4229§ 2, 1987.) ZOA20-0002 Page 9 of 25 4. Horizontal surface. A horizontal surface is established above the airport.This horizontal surface is a plane one hundred and fifty(150)feet above the established airport elevation,the perimeter of which is constructed by arcs which swing five thousand (5,000)feet in a radius from the center of each end of the primary surface of the runway and connecting the adjacent arcs by lines tangent to those arcs. (Ord. 5026§ 1, 1997; Ord.4229§2, 1987.) 5. Conical surface. A conical surface is established which extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one(20:1)for a horizontal distance of four thousand (4,000)feet. 6.Terminal Instrument Procedures (TERPS) Surfaces.Airspace surfaces associated with instrument approach and departure of aircraft to and from the airport as determined by the Airport Manager. B. Height limitations—Established. Except as otherwise provided in this chapter, no structure or tree shall be permitted, approved, erected, altered,allowed to grow,or maintained in any surface created in this chapter to have a height in excess of the height limits established below. 1. Approach Surface (Non-instrument).The height limitations for non-instrument approach surfaces begin at a point two hundred (200)feet from and at the centerline elevation of the end of the runway and extend for a horizontal distance of five thousand (5,000)feet at a slope of twenty to one (20:1). (Ord. 5026§ 1, 1997;Ord.4229 §2, 1987.) 2.Transition surface.The height limitations for transition zones shall be as follows: One foot in height for each seven feet in horizontal distance beginning at any point one hundred and twenty five (125)feet normal to and at the elevation of the centerline of non-instrument runways,extending two hundred (200)feet beyond each end thereof, extending to a height of one hundred and fifty (150)feet above the airport elevation which is sixty three (63)feet above mean sea level. In addition to the foregoing,there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. (Ord. 5026§ 1, 1997;Ord.4229§2, 1987.) 3. Horizontal surface.The height limitation for a horizontal zone shall be as follows:one hundred and fifty(150)feet above the airport elevation or a height of two hundred and thirteen (213)feet above mean sea level. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) ZOA20-0002 Page 10 of 25 4. Conical surface.The conical surface involves a slope of twenty to one (20:1)for a horizontal distance of four thousand (4,000)feet.The relative difference in elevation between the inner and outer edge of the conical surface is two hundred (200)feet.The elevation of the outer edge of the conical surface is three hundred and fifty(350) feet above the established airport elevation. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) C. Height limitations—Compliance. Where the height of any new structure or tree, has the potential to exceed the surfaces established in ACC 18.38.070(A),applicants must demonstrate compliance with the height limitation. Each application for a permit shall contain sufficient information to determine whether the resulting structure or tree will conform to the regulations herein prescribed. 1.The Planning Director in consultation with the Airport Manager may require one or all of the following documentation to demonstrate compliance with the surfaces established in ACC 18.38.070(A): a. A certificate from a Washington state licensed professional, engineer,or land surveyor, stating that no airspace obstruction will result from the proposed structure or tree being constructed or installed. b. The maximum elevation of proposed structures based on the established airport elevation. c. Prepare and submit FAA Form 7460"Notice of Proposed Construction or Alteration". d. Other documentation as determined by the Airport Manager. D. Height limitations—Mitigation and Maintenance.Where the height of any new structure or tree, exceeds the surfaces established in ACC 18.38.070(A),applicants will be responsible for the following mitigation and ongoing maintenance activities: 1.The Airport Manager may require the installation of markers and lights or markers as a warning to aircraft.The markers and lights shall meet FAA specifications, be installed,operated,and maintained at the expense of the owner of the structure.A public maintenance easement granting city access to the markers and lights shall be required. 2.Trees shall be maintained such that they do not penetrate the airspace. 3. Exceptions may include the following: a. Because of natural terrain, land contour, or topographic features,a structure or object would extend above the height limits of each surface. b. Structures necessary and incidental to airport operations. ZOA20-0002 Page 11 of 25 18.38.080 Nonconforming structures, trees, and uses. A.Applicability.This section describes the circumstances in which a structure,tree,or use is considered nonconforming and when nonconforming provisions apply.Any structure or tree that legally existed prior to the regulations as of March 22, 1969 is considered nonconforming.Any use in ACC 18.38.030 that legally existed prior to the effective date of this ordinance is considered nonconforming.Any use in ACC 18.38.060 that legally existed prior to the effective date of this ordinance is not considered nonconforming. Nonconforming structures,trees, and uses are generally exempt from this chapter except as may be compelled by state or federal regulations or if it loses its nonconforming status pursuant to the regulations contained in this section. ZOA20-0002 Page 12 of 25 B. Marking and lighting. Notwithstanding the provisions of ACC 18.38.070(A),the owner of any nonconforming structure or tree is required to permit the installation,operation,and maintenance thereon of such markers and lights as are deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and lights shall meet FAA specifications, be installed at City cost, and operated and maintained by the City.A public maintenance easement agreement granting city access shall be required. (Ord. 5026§ 1, 1997; Ord. 4229§ 2, 1987.) C. Alteration.Alteration of nonconforming structures,trees,and uses are subject to the following regulations. 1. Nonconforming structures may be maintained, repaired, restored, added onto, enlarged, or relocated in accordance with the provisions of ACC 18.54.060.A nonconforming structure that is restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as established by the most current county assessor's tax roll, relocated,enlarged,or added onto must conform to ACC 18.38.070. 2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC. 3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC. A nonconforming sign that is enlarged, made taller, relocated,or loses its nonconforming status per ACC 18.56.030(J), must conform to ACC 18.38.070. 4. Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform to ACC 18.38.070. 5. Notwithstanding the provisions of ACC 18.38.080(C)(1)through (4), no permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher,or become a greater hazard to air navigation. D.Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC 18.54.070.Any tree that is diseased, decayed, dead,or dying must be removed,and if required, replaced with tree that conforms to ACC 18.38.070. 18.38.090 Variances. A. Requirements. If the applicant seeks a variance to erect or increase the height of any structure,or permit the growth of any tree,or use their property, not in accordance with the regulations prescribed ZOA20-0002 Page 13 of 25 in this chapter,the variance shall be subject to the criteria contained in ACC 18.70.010 and processed according to the applicable provisions of Chapter 18.70 ACC. B.Approval conditions. Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree requesting a variance to install,operate and maintain at their own expense such markers and lights as determined by the Airport Manager to indicate to aircraft operators the presence of an airport hazard. (Ord. 5026§ 1, 1997;Ord.4229§2, 1987.) 18.38.100 Decision appeals—Generally. Any person aggrieved, or any property owner affected, by any decision of the city made in its administration of this chapter may appeal to the hearing examiner. (Ord. 5026§ 1, 1997;Ord.4229§ 2, 1987.) 18.38.110 Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area,whether the conflict is with respect to the height of structures or trees,the use of land, or any other matter,the more stringent limitation or requirement shall govern and prevail. (Ord. 5026§ 1, 1997; Ord.4229§2, 1987.) 18.38.120 Enforcement. It shall be the duty of the Department of Public Works and the Department of Community Development to administer and enforce the regulations prescribed in this chapter. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) 18.38.130 Violation — Penalty. Each violation of this chapter or of any regulation,order or ruling promulgated under this chapter constitutes a misdemeanor and is punishable as provided in ACC 1.24.010. Each day a violation continues to exist constitutes a separate offense. (Ord. 5026§ 1, 1997; Ord.4229§ 2, 1987.) ZOA20-0002 Page 14 of 25 Chapter 18.01 USER GUIDE 18.01.030 How do I determine what uses are allowed on a particular property? The first step in determining allowed uses is verifying the zoning on the property,which can be done by speaking with city of Auburn planning department staff or by consulting the city's official zoning map. When verifying a property's zoning, it is also important to note any overlays that may be marked on the zoning map. Overlays may have additional requirements or otherwise modify the allowed uses and development standards for a zone.The overlay regulations established for Lea Hill, West Hill, and designated urban separator areas,are contained in Chapter 18.21 ACC, and for the airport are contained in Chapter 18.38 ACC. The sections devoted to particular zones described on the zoning map form the framework of the zoning code. Each of these sections contains the intent statement for the particular zone, a table of allowed uses, as well as tables for dimensional standards (building height, setbacks, and lot coverage) and cross- references to other standards such as landscaping and parking requirements. It is important to note that each section contains only regulations that apply specifically to that zone, and development standards that apply to all zones are addressed through cross-references to other chapters of the zoning code. (Ord. 6245 § 1, 2009.) Chapter 18.04 DEFINITIONS 18.04.039 Aircraft Operations. The movement of aircraft operating in the airport traffic pattern or within sight of the airport.A landing or takeoff is one operation.An aircraft that takes off and then lands creates two aircraft operations. 18.04.072 Airport Manager. See definition in Chapter 12.56 ACC. 18.04.040 Airport, heliport or aircraft landing field. ZOA20-0002 Page 15 of 25 "Airport," "heliport," or"aircraft landing field" means any runway, landing area or other facility whether publicly or privately owned or operated, and which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft.This definition includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.This definition does not include manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith 18.04.365 FAR Part 77 Surfaces. The Federal Aviation Administration's Federal Aviation Regulations (FAR) Part 77 Surfaces are the imaginary airspace surfaces established with any relation to each runway of an airport.There are five types of surfaces: (1) primary, (2) approach, (3)transitional, (4) horizontal,and (5)conical.These surfaces are above and around airports and require protection from potential obstructions that might interfere with airport traffic and potentially create a safety risk to aircraft occupants and persons on the ground.An object or structure with an elevation higher than the FAR Part 77 surface elevation is considered to penetrate the FAR Part 77 Surfaces and constitute an obstruction to navigable airspace. Navigable airspace is defined by the FAA pursuant to Title 14 Code of Federal Regulations Part 77, Imaginary Surfaces. 18.04.676.1 Overlay Zone. "Overlay zone" is supplemental to the underlying zoning district and may establish additional or stricter standards and criteria for properties in addition to those of the underling zoning district. Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES 18.23.030 Uses. A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each commercial and industrial zone and the land use approval process required to establish each use. B. Requirements for Certain Specific Land Uses. Where the last column in Table 18.23.030("Standards for Specific Land Uses") includes a reference to a code section number,the referenced section ZOA20-0002 Page 16 of 25 determines other requirements and standards applicable to the use regardless of whether it is permitted outright or requires an administrative or conditional use permit. C. Uses Affected by the Airport Overlay. Refer to Chapter 18.38 ACC to determine whether uses are separately prohibited by that chapter or will be required to comply with additional regulations that are associated with the airport overlay. Table 18.23.030. Permitted, Administrative, Conditional and Prohibited Uses by Zone, Commercial and Industrial Zones P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses INDUSTRIAL, MANUFACTURING AND PROCESSING,WHOLESALING Building contractor, light X X X P X P X P Building contractor, X X X X X A X P heavy Manufacturing, X X X P X P P P ACC 18.31.180 assembling and packaging—Light intensity Manufacturing, X X X A X P A P ACC 18.31.180 assembling and packaging—Medium intensity Manufacturing, X X X X X X X A ACC 18.31.180 assembling and packaging—Heavy intensity Marijuana processor X X X X X CCC Chapter 18.59 ACC ZOA20-0002 Page 17 of 25 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Marijuana producer X X X X X CCC Chapter 18.59 ACC Marijuana researcher X X X X X C CC Chapter 18.59 ACC Marijuana retailer X X X C X CCC Chapter 18.59 ACC Marijuana transporter X X X X X C CC Chapter 18.59 ACC business Outdoor storage, X X X P X P P P ACC 18.57.020(A) incidental to principal permitted use on property Storage—Personal X P X P X P X P ACC 18.57.020(B) household storage facility(mini-storage) Warehousing and X X X X X P P C ACC 18.57.020(C) distribution Warehousing and X X X P X P P P distribution, bonded and located within a designated foreign trade zone Wholesaling with on-site X X X P X P P P retail as an incidental use (coffee, bakery, e.g.) RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES Commercial recreation X P P P PP P A facility, indoor ZOA20-0002 Page 18 of 25 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Commercial recreation X X X A A P A A ACC 18.57.025(A) facility, outdoor Conference/convention X X A A X A X X facility Library, museum X A A A X A P X Meeting facility, public or AP P P X A P A private Movie theater, except X P P P P X X X drive-in Private school— A AP P PP P P Specialized education/training (for profit) Religious institutions, lot A P P P A A A A size less than one acre Religious institutions, lot C P P P A A A A size more than one acre Sexually oriented X X X P X P X P Chapter 18.74 ACC businesses Sports and X X A A X A X A entertainment assembly facility Studio—Art, dance, P P P P P P A A martial arts, music, etc. RESIDENTIAL ZOA20-0002 Page 19 of 25 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Caretaker apartment X P P P X P P P Live/work unit X X P P P P P X Work/live unit X P P PPP P X Marijuana cooperative X X X X X X X X Multiple-family dwellings X X P P P P P X ACC 18.57.030 as part of a mixed-use development2 Multiple-family X X X X X X X X dwellings,stand-alone Nursing home, assisted X P P P C X X X living facility Senior housing2 X X A A X X X X RETAIL Building and landscape X X X P X P X P ACC 18.57.035(A) materials sales Construction and heavy X X X X X A X P equipment sales and rental Convenience store A AP P X P P P Drive-through espresso A A A P A P A A stands Drive-through facility, A A A P P P X P ACC 18.52.040 including banks and restaurants ZOA20-0002 Page 20 of 25 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Entertainment, X AP P X A X A commercial Groceries,specialty food PPPP PP P X ACC 18.57.035(B) stores Nursery X X X P A P X P ACC 18.57.035(C) Outdoor displays and PPPP PP P P ACC 18.57.035(D) sales associated with a permitted use (auto/vehicle sales not included in this category) Restaurant, cafe, coffee P P P P PP PP shop Retail Community retail AP P P PP X P establishment Neighborhood retail P P P PPP X P establishment Regional retail X X X P P P X A establishment Tasting room PP P P PP PP Tavern P P X P P P X A Wine production facility, AP P P P P P P small craft distillery, small craft brewery SERVICES ZOA20-0002 Page 21 of 25 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Animal daycare A A A P A P X P ACC 18.57.040(A) (excluding kennels and animal boarding) Animal sales and services P P PPPP X P ACC 18.57.040(B) (excluding kennels and veterinary clinics) Banking and related P P P PPP P P financial institutions, excluding drive-through facilities Catering service PP PP AP AP Daycare, including mini AP P P PP P X daycare, daycare center, preschools or nursery schools Dry cleaning and laundry P P P P PP P P service (personal) Equipment rental and X X X P X P X P leasing Kennel, animal boarding X X X A X A X A ACC 18.57.040(C) Government facilities; A A A A A A A A this excludes offices and related uses that are permitted outright Hospital X P P P X P X P Lodging—Hotel or motel X P P P P A P A ZOA20-0002 Page 22 of 25 P—Permitted PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Medical—Dental clinic P P P P PP X X Mortuary,funeral home, A P X P X P X X crematorium Personal service shops PPP P PP X X Pharmacies P P P P P X X X Print and copy shop P PPP PP X X Printing and publishing X AP P P P P P (of books, newspaper and other printed matter) Professional offices P P P P PP P P Repair service— X AP P P P X P ACC 18.57.040(D) Equipment, appliances Veterinary clinic, animal AP P P P P X X hospital Youth community X P X X X X X X ACC 18.57.040(E) support facility TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE Ambulance, taxi, and X X X A X P X P specialized transportation facility Broadcasting studio X P X P X P X P Heliport X X X C X C X C Motor freight terminal' X X X X X X X X See Footnote No. 1 ZOA20-0002 Page 23 of 25 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Parking facility, public or X P P P P P P X commercial, surface Parking facility, public or X P P P P P P X commercial, structured Towing storage yard X X X X X A X P ACC 18.57.045(A) Utility transmission or A A A A A A A A distribution line or substation Wireless * * * * * * * * *See ACC 18.31.100 for communications facility use regulations and (WCF) (See ACC zoning development 18.04.912(W)) standards. Eligible facilities request P P P P P P P P (EFR) (wireless communications facility) (See ACC 18.04.912(H)) Small wireless facilities P P P P PP P P (ACC 18.04.912(0)) VEHICLE SALES AND SERVICES Automobile washes X A X P P P X P ACC 18.57.050(A) (automatic,full or self- service) Auto parts sales with X A A P P P X P installation services Auto/vehicle sales and X A X P X P X P ACC 18.57.050(B) rental ZOA20-0002 Page 24 of 25 P—Permitted PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY C—Conditional ZONE A—Administrative X—Prohibited Zoning Designation Standards for Specific LAND USE C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Land Uses Fueling station X A A P P P X P ACC 18.57.050(C) Mobile home, boat, or X X X P X P X P RV sales Vehicle services— X X A P X P X P ACC 18.57.050(D) Repair/body work OTHER Any commercial use A A A A A A A A abutting a residential zone which has hours of operation outside of the following: Sunday: 9:00 a.m. to 10:00 p.m. or Monday—Saturday: 7:00 a.m. to 10:00 p.m. Other uses may be PP P P PP P P permitted by the planning director or designee if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted. See ACC 18.02.120(C)(6), Unclassified Uses. ZOA20-0002 Page 25 of 25 1 Any motor freight terminal,as defined by ACC 18.04.635,in existence as of the effective date of the ordinance codified in this section, is an outright permitted use in the M-1 and M-2 zones.Any maintenance,alterations and additions to an existing motor freight terminal which are consistent with ACC 18.23.040, Development standards, are allowed. 2 Any mixed-use development or senior housing project vested prior to Resolution No.5187(December 7,2015) is an outright permitted use in the C-1 zone.Subsequently,if a nonresidential use within a vested mixed-use development changes,then the nonresidential use shall maintain a minimum of 10 percent of the cumulative building ground floor square footage consisting of the uses permitted outright,administratively,or conditionally, listed under"Recreation, Education,and Public Assembly,""Retail,"or"Services"of the C-1 zone. (Ord. 6799§ 6(Exh. F), 2020;Ord. 6728 §3 (Exh. C), 2019; Ord. 6688§ 1 (Exh. 1), 2018; Ord. 6644§ 2, 2017; Ord. 6642 §9, 2017;Ord. 6508§ 1, 2014;Ord. 6433 §26, 2012.) EXHIBIT D Washington State Aviation Division 1'tlnent of Transportationportat 7702 Terminal St SW Tumwater,WA 98501 360-709-8015/FAX:360-709-8009 Toll Free:1-800-552-0666 TTY:1-800-833-6388 www.wsdot.wa.gov September 3,2021 City of Auburn 25 West Main Street Auburn, WA 98002 RE: City of Auburn Aviation Consultation Dear Alexandria Teague: This correspondence is to confirm that the City of Auburn has formally consulted with the Washington State Department of Transportation(WSDOT)Aviation Division regarding the comprehensive plan update. WSDOT appreciates the city's efforts and recognizes the substantial time and resources this represents. RCW 36.70.547 and 36.70A.510 requires local jurisdictions to formally consult with airport owners,managers,private airport operators,general aviation pilots,ports, and the Aviation Division of WSDOT prior to adoption of comprehensive plan policies or development of regulations that may affect property adjacent to public use airports. The main goals of the formal consultation are to avoid, minimize,and resolve potential land use conflicts with airports through the comprehensive plan and development of regulations. WSDOT recommends that local jurisdictions initiate formal consultation as early as possible in the planning process.This is to assure that all parties have an opportunity to work together to find comprehensive solutions of mutual benefit that fulfill the intent of the legislation,consistent with local jurisdictions' land use planning authorities and obligations under law. The following is a general summary of recommendations discussed during the formal consultation meeting: — The City of Auburn with the support of WSDOT Aviation has commited to implementing airport compatibility zoning to prevent incompatible land use near the airport. — WSDOT Aviation is available for consultation and technical guidance. We appreciate the City of Auburn's commitment to working with stakeholders to achieve a compatible outcome and adopt zoning to protect the Auburn Municipal Airport. It is critical that every effort be made to discourage incompatible land uses that impair the airport's ability to operate as an essential public facility. We thank you again for the opportunity to comment, and remain available to formally consult and provide technical assistance. Please don't hesitate to contact me at 360-890-5258 or max.platts@,wsdot.wa.gov if you have any questions. Sincerely, T.S."Max"Platts Aviation Planner