HomeMy WebLinkAbout1041 •
G.
••�'Yi:1��'=r'e:b`!v+UXef'^he^+'tit .
ORDINANCE NO . / d 1/
AN ORDINANCE OF `1 HE CITY OF AUBURN ESTABLISHING A 'COMPRE-
HENSIVE ZONING PLAN FOR THE CITY OF AUBURN BY ESTAB-
LISHING VARIOUS USE DISTRICTS FOR THE AREAS IN THE
CITY AND PRESCRIBING CERTAIN REGULATIONS FOR EACH OF
SAID USE DISTRICTS .
THE CITY COUNCIL OF THE GETY OF AUBURN DO ORDAIN AS FOLLOWS:
'ARTICLE I. - Purposes.
Section 1: There is hereby established a comprehensive zaing plan
for the City of Auburn, Washington, which plan is set forth in the
text, maps, and schedule that constitute this Ordinance. Said plan
is adopted by the authority of and for the purposes set forth in
Chapter 44, Laws of 1935, Laws of the State of Washington, and more
particularly for the protection and promotion of public health, safety,
ard general welfare.
ARTICLE II . - Definitions
Section 2a For the purpose of this Ordinance, certain words and terms
used herein, are defined as follows :
All words used in the present tense include the future tense;
all words in the plural number include the singular number and all words ,
in the singular number include the plural number: Unless the natural
construction of the wording indicates otherwise. The word "lot" includes
the word "plot" • the word ' building" includes the word "structure" ; and
the word "shall" is mandatory and not directory. The word "used" shall
be deemed also to include "designed, intended, or arranged to be used" .
Unless otherwise specified, all distances shall be measured horizortaally.
The word "Cith" means the City of Auburn, in the County of King, State
of Washington; the term City Council" means the City Council of said
City; the term "planning commission" means the Planning Commission of
said City; the term "building inspector" means the Building Inspector
of said City.
ALLEY: A passage or way open to public travel which affords
generally a secondary means of vehicular access to
abutting lots and is not intended for general traffic
circulation®
ACCESSORY BUILDING: A subordinate building, on the same lot
with the BUILDING, housing the main use of the premises,
but incidental to the main use building, but not to be
used for a dwelling or sleeping purposes. If an access-
ary building is attached to the building by other than
a breezeway, or roof passage, or closer than 3 feet to
the building, it shall be considered a part of the
building.
4114 ,
BUILDING: Structure housing the principal or main use of the lot.
BUILDING LINE: A line , established by law, beyond which a build-
ing shall not extend except as specifically provided by
law.
COMMERCIAL VEHICLE : A motor vehicle used for purposes other than
a family car, such as a taxi, delivery, or service vehicle.
ESTABLISHED GRADE: The high point of the sidewalk at the front or
side lot line as established by the City .
DOG KENNEL: The keeping of more than 4 dogs that are more than
6 months old a
Page -1 -
•
FAMILY: One or more persons occupying a dwelling unit and
living as a single, non-profit housekeeping unit.
DWELLING : The terms "dwelling" , "one-family dwelling", "two-
family dwelling" , "multiple family dwelling" , or
"dwelling group" shall not be deemed to include motel,
tourist court, rooming house, or tourist home.
DWELLING; ONE-FAMILY: A detached building containing one dwelling
unit only.
DWELLING; TWO-FAMILY; A detached building containing two dwelling
units.
DWELLING, MULTIPLE : A building or portion thereof, used for and
containing three or more dwelling units.
DWELLING GROUP; A group of dwellings occupying a lot and having
one yard in 'common.
DWELLING UNIT: A building or portion thereof providing complete
housekeeping facilities for one family.
GARAGE: A building or portion thereof in which a motor vehicle
is stored, repaired, or kept.
PRIVATE GARAGE: An accessory building or a portion of a building
in which a motor vehicle used by the occupants of the
building is stored or kept , but n of kept for repair,
sale, or hire. A residential private garage may be
used to store or keep not more than one commercial
vehicle for each dwelling unit in the building, when
said commercial vehicle is used by the occupants of
said building. Residential private garages may be
used as a base of operations for carpenters and other
workers ; provided all materials, equipment, etc. used
in conne ction the rewith are stored inside the garage
or building at all times when on the premises; pro-
vided also that no explosive, inflammable , or odorous
materials are stored or kept on the premises; provided
also that not more than 50 per cent of the area of the•
garage, not more than 260 square feet of area, and not
more than 1500 cubic feet of space is used to store such
material, equipment , etc. ; provided also that no manu-
facturing , sales, or commercial repairs are conducted
on the premises ; and provided also that such use does not
alter the character of the dwelling and premises.
PUBLIC GARAGE: Any garage other than a private garage.
HEDGE: A group of plants growing not more than one foot apart,
measured between the closest branches, and arranged and
trimmed in such a •manner to produce a barrier to screen
and obstruct view and prevent and obstruct free access
to property .
HEIGHT OF BUILDING: The height of a building is the vertical
distance from the established grade to the highest point
on the roof or parapet wall.
Page .2a
•
•
•
•
•
•
•
•
HOME OCCUPATION: Any use customarily conducted entirely within a
dwelling and carried on by the inhabitants thereof, which
use is clearly incidental and secondary to the dwelling
for dwelling purposes and does not change the character
thereof. The conducting of a clinic, hospital , barber
shop, beauty parlor, tea room, tourist home , animal
hospital, retail sales of any type, or similar use
shall not be deemed to be a home occupation.
HOSPITAL : Unless otherwise specified, the term "hospital" shall
be deemed to include sanitarium, sanatorium, preventorium,
clinic, rest home, nursing home , convalescent home, and
any other pla ce for the di agnosis , treatment , cr other
care of human ailments.
HOTEL: Any building or portion thereof containing 15 or more
rooms that are rented, or hire out to be occupied or
which are occupied for sleeping purposes for compensa-
tion, whether the compensation be paid directly or
indirectly.
LOT: A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a certain building or
group of buildings that are united by a common interest
or use, and the customary accessories and open spaces
belonging to same . A lot may be reduced in size in
order to form one or more additional lots or to increase
the size of an adjoining lot provided the area of land_
that remains fulfills all the requirements for width,
area, yards, etc. for the use or intended use of the
original lot. A. lot may or may not coincide with a
"lot of record."
LOT OF RECORD: A lot which is a part of a subdivision, the map
of which has been recorded in the of fi ce of the County
Auditor ,.
MOTEL: A group of cabins, not provided with kit chen facilities,
in which motorist or others are provided sleeping accommo-
dations for periods of normally less than one week dur-
ation.
NON-CONFORMING USE: Use of a building or land that does not con-
form to the regulations as to use for the district in
which it is situated.
1. Existing:. A non-conforming use that was existing
as of Aug us t 21, 1945. (The time of the adoption
of Zoning Ordinance No. 875. )
2. Created: A non-conforming use that was created by
the amending of Ordinance No. 875 or by action of
the board of adjustments.
OFF-STREET PARKING: Parking facilities for mot or vehicles on othe r
than a public street or alley.
•
ROOMING HOUSE: Any building or portion thereof containing more
than 4 and less than 15 rooms that are used, rented,
or hire out to be occupied or which are occupied
for sleeping purposes by more than four and less
than fifteen guests for compensation, whether the
compensation be paid directly or indirectly. The
term "rooming hots e" shall be deemed to include
lodging house and boarding house, but not tourist
home or automobile court.
Page -3..
SIGN: Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention
of the public , but not including any flag, badge, or
insigne of any government or governmental agency, or of
any civic, charitable , religious, patriotic, fraternal,
or similar organization, -
STREET: A public or private thoroughfare, meeting standar of a
public way, which affords the principal access to abutting
property .
TOURIST COURT: A group of cabins , provided with kitchen facilities,
in which tourist or others are provided living accommo-
dations for pe riods of normally less than two weeks.
TOURIST HOME: A dwelling in which sleeping accommodations in less
than 15 rooms are provided or offered for transient
guests for compensation,
USED CAR LOT : Any pla ce outside a bu iding where two or more auto-
mobiles are offered for sale or are displayed.
YARD: An open unoccupied space on the same lot with a building
or proposed building.
FRONT YARD: A yard between the front lot line and the front
building line (required setback line ) extending across
the width of the lot .
REAR YARD: A yard between the rear lot line and the rear of the
building extending across the width of the lot .
SIDE YARD: A yard, between the side building line and the side lot
line and extending from the front yard to the rear yard.
ARTICLE III - Establishment of Distri cts.
Section 3: _ List of Districts.
The City of Auburn is hereby divided into the following
classes of districts:
R-60 - One-family Residential Districts - 6,000 Sq. ft. per lot.
R-50 - One -family Residential Districts - 5,000 sq. ft. per lot .
R-G - General Residential Districts - 5,000 sq. ft . per lot .
NS. --- Neighborhood shopping Districts,
C-1 - Commercial Districts, requiring off-street parking.
C-2 - Commercial Districts.
M-1 - Light Industrial Districts.
M-2 - Heavy Industrial Districts.
P-1 - Public Use Districts.
The aforesaid districts are hereby established as the desig-
nations , locations , and boundaries thereof are set forth and indicated
on the Zoning Map.
Section 4: Zoning Map .
The term "zoning map" as herein used shall be deemed to be
that certain map, three copies of which are on file in the Office of
the City Clerk, of said City and labeled ZONING MAP OF AUBURN , WASH-
INGTON, dated April, 1953, and signed by the City Clerk and Mayor
of said City. Said zoning map is hereby adopted and made a part of
this Ordinance.
Page -4-
•
•
Where uncertainty exists as to any of said boundaries of the
use districts as shown on the zoning map, the following rules shall
apply:
1. Where such boundaries are indicated as approximately following
the centerlines of streets, alleys, railroads, or water lines
such centerlines shall be construed to be such boundaries.
2. Where such boundaries are indicated as approximately following
lot lines, and are :not more than twenty feet therefrom, such lot
lines shall be construed to be such boundaries.
3. In unsubdivided land and where a distri ct boundary divides a lot ,
the location of such boundary, unless the same is indicated by
dimensions shown on the map, shall be determined by the use of
the scale sh awn thereon.
Section 5: Effect of Establishment of Districts.
Except as otherwise provided in Sections 8 and 9 of this Ordinance.
1. No building shall hereafter be erected and no existing building
shall be moved, altered, added to or enlarged, nor shall any land
or building be used, designed or arranged to be used for any pur-
pose other than is included among'Lthe uses listed in the schedule
and notes appended thereto constituting Section 6 of this Ordin-
ance as permitted in the district in which such building or land
is located, nor in any manner contrary to any of the requirements
specified in said schedule and notes.
2. No building shall hereafter be erected, reconstructed, or structur-
ally altered to exceed in height the limit designated in said sched-
ule and notes appended thereto for the district in which such build-
' ing is located.
3. No building shall hereafter be erected, nor shall any existing build-
ing be structurally altered, enlarged, rebuilt, or moved, nor shall
any open space be encroached upon or reduced in any manner, except in
conformity to the yard, lot area, building location, percentage of lot
coverage, aff-street parking space, and other space and area regulations
designated in said schedule and notes appended thereto for the district
in which such building or space is located. In the event of any such
unlawful encroachment or reduction, such building shall be deemed to
be in violation of the provisions of thisordinance and the certificate
of occupancy for such building shall thereupon be null and void.
4. Off-street parking areas shall be provided as specified in said
schedule and notes appended thereto. The parking areas provided shall
be of sufficient dimensions to make it practical to use this area for
parking purposes.
5. Where a lot is formed fram part of a lot already occupied by a
building, such separation shall be effected in such manner as not to
impair any of the requirements of this ordinance with respect to the
existing buildings, and all yards and other open spaces in connection
therewith, and no permit shall be issued for the erection of a new
building on the new lot thus created unless it complies with the
provisions of this ordinance.
ARTICLE IV - Regulations
Se cti on 6: Schedule.
The schedule of regulations, described as "Schedule for Zoning
Page -5-
•
Ordinance No. ", and the notes appended thereto applying to
the uses of land and .buildings, the height of buildings, the yards and
other open spaces to be provided contiguous to or in connection with
buildings, the area of lots, off-street parking areas, and all other
matters contained therein, as indicated for the various districts,
established by this ordinance, are hereby adopted and declared to be
a part of this ordinance, and may be amended in the same manner as any
part of this ordinance. The regulations listed for each district are
designated reading from left to right .across the schedule, and in all
notes appended thereto, are hereby adopted and prescribed for such
district, subject to the provisions of Sections 7, 8, and 9, of this
ordinance, and unless indicated shall be deemed to be the minimum
requirements in every instance :of their application. The listing of
any use in said schedule either as being permitted in or as being ex-
cluded from any particular district shall be deemed to be an exclusion
of such use from any more restricted district, unless such use is per-
mitted in such more restricted district under the language set forth
in the schedule as applying thereto.
SEE "Schedule for Zoning Ordinance No.
NOTES
The following notes shall be deemedto be appended to the schedule
in Section 6, and are hereby adopted as a part thereof and as referred
to therein.
Note 1: Off-street Parking.
(A) Parking areas when required by this Ordinance shall meet
the following requirement ss
1. Required off-street parking for residential uses
shall be on the same lot as the dwelling or
dwellings for which they are provided.
2. Required off-street parking for uses in NS
districts shall be on the same lot with the
building.
3. Requires off-street parking for other than
residential uses and in other than in NS
districts shall be within a distance of 500
feet, measured along the shortest route of
available pedestrian access between any
entrance of such use and the farthest part
of the required parking space.
4. All parking space provided for non-residential
uses in other than M-1 and M-2 districts shall be
surfaced with asphaltic or cement concrete or
penetration type bituminous surfacing ofminimum
thickness of lam" to provide a dust free parking
lot .
5. All parking areas shall have a means of access
to a public street or public alley.
6. Off-street parking areas shall not be located in a
required front yeard except in N-S districts.
(B) Parking Areas: When off-street parking areas are
stipulated as being required in the schedule for a specific use dis-
trict, then any new facility or the enlargment of an existing facility
shall provide as a minimum the maximum number of parking spaces as
determined by one of the following means :
Page -6.
1. One parking space for each two employees.
2. One parking space for each 400 square feet of floor
area in the ground floor of the building that is used
for non-residential purposes.
3. One parking space for each 10 seats or sitting space
in any assembly building such as a theater, church,
or auditorium.
4. One parking space for each 10 seats or facilities to
accommodate 10 guests in any caf e,restaurant, and other
places serving food or beverages.
5. One parking space for each dwelling unit.
The Board of Adjustments may permit a church or similar building, where
meetings are held at night or on Sunday, to use a p arking lot jointly
with another use, provided it is jointly agreed to by the owra rs' or
representatives of the two parties, and it is established that the
parking requirements will not be conflicting, and the parking facility
is within 300 feet of the church.
Note 2: Front Yard
The following features may extend into a front yard not to exceed
the distance specified: •
(a) Cornices, canopies, caves, or any similar features, none
of which is less than 10 feet above the established grade;
2 feet 0 inches.
(b) A terrace or uncovered porch with its floor no higher
than the gound floor of the building and also not more
than four feet above the established grade; 6 feet. A
railing no higher than 3 feet may be placed around such
terrace or porch.
(c ) A chimney: 18 inches.
(d) A watertable; 2 inches.
, (See Note 5 for fence and hedge restriction in front yards. )
Note 2.: Side Yard.
The above features listed under (a), (c ) , and (d) of Note 2 may
also extend into any side yard the same distances that they are per-
mitted to extend into the front yard.
A terrace or uncovered porch not more than 2 feet 6 inches above
the established grade may extend into the side yard to within 2 feet
6 inches of the side lot line. A terrace or uncovered porch not more
than 4 feet above the established grade may extend into the side yard
to within 3 feet of the side lot line. A railing above the floor level
of the terrace or porch shall b e permitted as in (b) of Note 2.
(See note 5 for fence and hedge regulations in.s ide yards. )
Note
The following may occupy a rear yard:
(a) Fences as described in Note 5.
(b) All features listed in Note 2, above.
(c) Accessory buildings , provided, that no accessory building
shall be constructed on that portion of any rear yard
adjacent to and within 5 feet of an adjoining side yard,
adjacent to and within 10 feet of an adjoining front yard,
or within 10 feet of any public street, provided that any
accessory building constructed in a R-b0, R-50, 'R-G, or N-S
district with the vehicular entrance from a public street,
Page -7-
shall be set back a minimum of 20 feet from such street to provide
sufficient space for an automobile to park between the street and
the garage without obstructing pedestrian traffic on the sidewalk
or proposed sidewalk.
Note 5: Fence and Hedge Regulations. The following regulations shall
apply in all R-60, R-50, R-G, and N-S districts, except where
the requirements of screening require otherwise.
(a) Except as otherwise stated in paragraph (b) of this note,
Fences and Hedges may be constructed 'or grown to a heighth of
not to exceed 3 feet 6 inches in a front yard, or the part
of the side yard within 10 feet of the front building line
of the lot. Fences and hedges may be constructed or grown
to a heighth of not to exceed 6 feet in the remaining portion
of the side yards and the rear yards.
( b) `0n every lot in R-60, R-50, R-G, and N-S districts that abutts
on two intersecting streets or abutts on a street and an alley
that intersect adjacent to said lot the following regulations
shall apply:
There shall be no structure constructed or reconstructed
and no obstruction permitted to grow other than a post,
column, or tree not exceeding one foot square or one
foot in diameter, between a heighth of 3 feet and 10
feet above the estab1 hed grade within the triangular
° areas described below:
1. The triangular area formed by line 20 feet long along
the right of way lines of two intersecting streets,
measured from the point of intersection of the right
of way lines, and the line connecting the two ends of
the two 20 foot lines .
2. The triangular area formed by a line 15 feet long, along
the street right of way line measure from the point of
intersection of the said right of way with the alley
right of way line and a line 15 feqfiriBfig the alley
•
right of way line measured from the .point of inter-
section of the street and alley right of way lines
and the line connecting the unconnected ends of the
two lines.
On every lot where the adjoining lot is used for non residen-
tial purposes, then a fence of not to exceed 6 feet may be
constructed along the side of the lot separating a residential
lot from the lot being used for non residential purposes; pro-
vided that when and if said adjoining lot is converted to a
residential use then said fence shall be altered to conform
to the regulations set forth in paragraph (a) .
Note 6: Bight Limit.
All buildings hereafter constructed or structurally altered
shall conform to the height limits as established in the Schedule.
The height limits shall not apply to the following structures:
Cupolas, water tanks, church spires, standpipes, flag poles, trans-
mission lines, radio and television antennae or towers, and similar
structures.
Page -8-
•
Note 7 : Area and Width Requirements for Lots.
All lots shall meet the lot area and width requirements set forth
in the schedule except as follows:
R-60 District: Any parcel of land with an area or a width
less than that prescribed for a lot in either
the R-A district or the R-B District, which
parcel was under one ownership and, the owner
thereof owns no adjoining land at the time of
adoption of this ordinance and provided further
that it was permissable for the owner of said
land, at the time of passage of this ordinance,
to utilize this said parcel of land for a partsn-
ular use which was permissable prior to the
passage of this ordinance, then the fact that
this said parcel of land does not meet the area
and width requirements as set forth in this or-
dinance shall not prohibit the property from
being utilized in_any manner which was permissable
prior to the passage of this ordinance, provided
that all other regulations prescribed for the
district by this ordinance shall be complied with.
Other Districts:
Any parcel of land with an area a.d/or a width
less than that prescribed for a lot in any district,
other than the R-60 district, which parcel was under
one ownership or was subdivided into lots according
to a plat of record at the time of passage of this
ordinance, and it was permissible for the owner of
said land, at the time of passage of this ordinance,
to utilize this said parcel of land for a particular
use which was permissable prior to the passage of
this ordinance then the fact that this said parcel
of land does not meet the area and/or width require-
ments as set forth in this ordinance shall not pro-
hibit the property from being utilized in any
manner which was permissible prior to the passage
of this ordinance, provided that all other regu-
lations prescribed for the district by this ord-
inance shall be complied with.
It shall be permissible to construct one single
family dwelling on each such lot at the time of
passage of Ordinance No. 875 and if permissible
in the district to construct one dwelling unit
for each lot, providing other regulations set
forth in this ordinance are complied with.
Note 8: Yard Dimensions.
Depth of Front Yards: If building existing at the time of passage
of this ordinance occupy 50% or more of the
frontage in any block, and on one side of
the street, then the depth of the front
yard required by this ordinance shall be
disregarded on that side of the street in
such block and in lieu thereof the depth of
front yard required on each lot therein shall
be not less than the average depth of the
front yards existing at the time of passage
of this ordinance; provided that the front
yard required on any lot, which lies between
and contiguous to two lots on which are
located buildings, need not have a depth
greater than that of one of the two front
yards on such contiguous lots that has a
greater depth.
Page -9-
Vidth of Side Yards: In other than the R-60 District where there
exists a lot or tract of land on which it is
possible to construct a dwelling, the said
lot or tract has a width of less than 40 feet
then the required side yard width shall be
reduced to 3 feet.
Depth of Rear Yards: The minimum depth of the rear yard shall be
as specified in the Schedule, except that in
R-60 District the depth of the rear yard may
be reduced to not less than 15 feet in order
to permit a building depth of 30 feet, and
also except that in order than the R-60
District the depth of the rear yard may
be reduced to not less than 10 feet in order
to permit a building depth of 30 feet.
NS Districts - The yard requirement for other than residential
uses in the NS District shall conform to that
required for residential uses for front and side
yards.
Note 9: Special property Uses.
The following uses may be permitted in the particular district
listed below by a special permit authorized by the Board of Adjustments
as established in Section 9.
R-60 and R-50 Districts:
' (a) /Churches may be permitted by a special permit author-
ized by the board of adjustments provided that prior
to the board considering an application for a church,
a letter or petition must be submitted to the board,
�� signed by 66% of the property owners within 100 feet
I ( of the proposed church site. The percentages shall
be based on area of property lying within 100 feet of
proposed church site, not including streets.
( b) R-6 Districts:
Parking lots; hospitals; schools; churches; private
clubs, not operated for profit; motels; office of a
professional person located within his home; and other
occupations engaged in by individuals within their
dwellings, provided that not more than two persons
are employed other than the immediate family may be
permitted by a special permit authorized by the board
of adjustments provided that screening, necessary
lighting, and other requirements are provided, as may
be considered by the board of adjustments.
(c) N-S Districts:
Retail grocery, drug, and similar stores of a total
floor area of buildings and accessory buildings of not
more than 4000 square feet may be permitted by a special
. permit authorized by the board of adjustments after a
public hearing. Prior to the board of adjustments
granting a special permit for the above -they shall make
such investigation as they deem necessary to establish
that the above are necessary for the convenience of the
residents in the vicinity of the proposed grocery, drug,
or similar store and shall not issue such permit if this
is not true. The board of adjustments shall require all
Page -10-
buildings constructed or altered for the special
property uses permitted in a N-S district to
harmonize with the appearance of the adjacent
residences. The board shall not issue any special
property use permit for any new building or enlarg-
ment of an existing building unless all requirements
of this ordinance are fulfilled.
Complete plans showing the elevation, and location of
all buildings, parking areas, screening, and other
facilities on the lot shall be submitted with each
application for a special property use permit.
Section 7: Non-Conforming Uses.
Except as otherwise provided in this Section, the lawful use
of land existing at the time of the adoption of this ordinance may be
continued, although such use does not conform to the regulations speci-
fied by this ordinance for the district in which such land is located;
provided, however, that no such non-conforming use shall be enlarged or
increased, nor shall any non-conforming use be extended to occupy a
greater area of land than that occupied by such use at the time of the
adoption of this ordinance, nor shall any such non-conforming use be
moved in whole or in part to any other portion of the lot or parcel of
land occupied by such non-conforming use at the time of the adoption of
this ordinance; provided, further, that if any such non-conforming use
of any land ceases for any reason for any continuous period of not less
than one year, any subsequent use of any such land shall be in con-
formity to the regulations specified by this ordinance for the district
in which such land is located.
Except as otherwise provided in this section, the lawful use
of any building existing at the time of the adoption of this ordinance,
although such use does not conform to the regulations specified by this
ordinance for the district in which such building is located, may be
continued. Any such use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use at the
time of the adoption of this ordinance, but no such use shall be extended
to occupy any land outside such building. If no structural alterations
are made, a non-conforming use of a building may be changed to another
non-conforming use, which, in the opinion of the board of adjustments,
either by general rule or on a specific finding in a particular case, is
of the same or of a more restricted nature.
If any non-conforming use of a building ceases for any reason
for a continuous period of not less than one year, or if the building in
or on which such use is conducted or maintained is moved for any dis-
tance, then any future use of such building shall be in conformity to
the regulations specified by this ordinance for the district in which
such building is located.
No existing building, designed, arranged, or intended for or
devoted to a use not permitted under the regulations specified by this
ordinance for the district in which such building is located shall be
enlarged, extended, reconstructed, structurally altered, or moved unless
such use is changed to a use permitted under the regulations specified
by this ordinance for the district in which said building is located;
provided, however, that work may be done in any period of 12 months on
ordinary repairs, or repairs and replacement of non-bearing walls, fix-
tures, wiring, or plumbing to an extend not exceeding 25% of the ull
value of the building 9s determined by applying to the assessed value
thereof (according to the assessed value thereof as established by the
King County Assessor) the ratio of full or salable to assessed value as
fixed by the said King County Assessor; provided that the cubical content
of the building shall not be increased; and provided further that nothing
Page -11-
in this ordinance shall be deemed to prevent the strerrhening or
restoring to a safe condition of any building or part thereof declared
to be unsafe by the building inspector and by him ordered to be
strengthened or restored to a safe condition, unless such building has
been destroyed to an extent of more than 50% of the full value thereof,
determined as aforesaid.
If at any time any building in existence or maintained at the
time of the adoption of this ordinance which does not conform to the
regulations for the district in which it is located shall be destroyed
by any means to an extent of more than 50% of the value thereof,
determines as aforesaid, or if such building is moved for any reason
for any distance whatever, then in any such event, the said building
and the land on which said building was located or maintained from and
after the date of said destruction or moving be subject to all the reg-
ulations
eg-
ulations specified by this ordinance for the district in which such land
and buildings are located.
Regardless of any other provision of this ordinance, every
builderIs supply yard, fuel yard, contractor' s yard, or lumber yard,
which, after the adoption of this ordinance, exists as a non-conforming
use in any R-60 District, shall within five years after the same, be-
come a non-conforming use, be discontinued and removed or changed to a
use permitted in the district.
Regardless of any other provision of this ordinance, every
junk yard, fuel yard, builders' supply yard, contractor' s yard, or
lumber yard, which, after the adoption of this ordinance, exists as a
non-conforming use in any R-50, R-G, . N-S, C-1 or C-2 District, shall
within three years after the same become a non-conforming use, be
completely enclosed within a continuous fence a roved a the Board of
Adjustment, which fence shall be not less than six 6) feet in height,
and shall be of nonglare material, and in any event of a sufficient
height so that such fence, supplemented by landscaping approved Lq. the
Board of Adjustments , will at all seasons of the year completely screen
all operations of such establishment from the view of pedestria, and
motorists, passing such establishment on any public street, and from
view from adjacent land and from buildings lawfully existing in any
R-60, R-50, R-G, NS, C-1, or C-2 , districts. Such fence and supplemen-
tary landscaptin_g shall at all times be properly maintained and in full
compliance with any conditions attached to the approval thereof :la the
board of adjustments.
Any use for which a special permit i s required or for which a
special permit may be granted as provided in this ordinance, which use
was existing at the time of the adoption of this ordinance in any dis-
trict in which such use is specifically permitted subject to the secur-
ing of a special permit, shall without further action be deemed to be
a conforming use in such district.
All the foregoing provisions shall apply to all uses which do
not conform to the provisions of this ordinance at the time of its
adoption and also to all uses that become non-conforming by reason of any
subsequent amendment of this ordinance.
Except as otherwise provided in this section, nothing in this
ordinance shall be deemed to require any change in the plans , construc-
tion, or designated use of any building on which a building permit was
issued or authorized by action of the City Council, prior to the adopt-
ion of this ordinance, provided that the construction of said building
was completed within one year of the date of issue of a building permit,
or two years from the date authorized by the City Council.
Page -12.
•
ARTICLE V - Administration.
Section 8: Enforcement .
(A) Building Inspector: The building inspector as estab-
lished by the Building Ordinance of the City of Auburn, shall be re-
sponsible for enforcing the provisions of this ordinance. The build-
ing official and his duly authorized assistants shall have the right
to enter any building or enter upon any land during the daytime n the
course of their duties.
(B) Records :- The building inspector shall maintain in his
office files. of all building permits issued, applications for building
permits, and certificates of occupancy issued by him which shall be
open to the public for inspector. The Wilding permits, certificates
of occupancy, and applications for building permits shall be issued as
provided for in the Building Ordinance of said city.
The building inspector shall keep a record of each and
every identifiable complaint of a violation of any of the provisions
of this ordinance, the action taken, consequent to any such complaint,
which records shall be o pen to the public for inspection. The name o f
the person making the complaint shall be held confidential and shall
not appear on the written record unless at the request of the individ-
ual making the complaint.
(C) Permits Issued Contrary to this Ordinance:- Any such
building permit, certificate of occupancy, or other authorization
issued, granted, or approved in violation of the provisions of this
ordinance shall be mull and void and of no effect, without the necessi-
ty of any prodeedings for revocation or nullification thereof, and
any work undertaken or use established pursuant to any such building
permit, certificate of occupancy, orather authorization shall be un-
lawful, and no action shall be taken by any board, officer, or employee
of the city purporting to validate any such violation, except as pro-
vided in Section 9.
(D) Certificate of Occupancy: Certificate of occupancy
shall be issued as required by the building code, and for all non-
conforming uses existing at the time of the adoption of this ordinance.
The owners of non-conforming uses shall apply for a certificate of
occupancy within one year of the date that the particular use becomes
non-conforming use.
Section 9: Boardof Adjustments .
(a) MEMBI SHIP AND COMPENSATION.
A Board of Adjustment i s hereby established. The ward
''Board" , when used herein, shall mean the Board of Adjustment. The
Board shall consist of the Mayor and members of the City Council.
-All of whom shall serve with no additional salary.
Page 13-
(b) APPELLANT
Any person or persons, officer, official of any department,
board or commission of the city, jointly or severally, may constitute
the appellant, and may make a request for an adjustment to the Board
for relief from any provision of the zohing ordinance or any deter
mination of the Building Inspector in the application of the provisions
of the zoning ordinance to the appellant' s land and buildings. The
appellant shall appear at the public hearing in person, by agent, or by
attorney.
( c) PETITIONS
Any person or persons, jointly or severally, and any person,
officer, or official of any department, board or comnhission of the City
may support or oppose, by petition, or letter, the appellant' s request
for an adjustment. The petition, or letter, shall specify the reasons
for supporting or opposing the appellant' s request, and shall contain
the signature, and description of the land, of each property owner
signing the petition. The petition or letter shall be submitted to
the Board at the time designated in its rules of procedure.
(d) JURISDICTION - REVIEW
The Board shall review any order, requirement, decision,
determination or interpretation of the Building Inspector in the
application of the specific provisions of the zoning ordinance to any
parcel of land and/or buildings. The Board may affirm or reverse the
order, requirement, decision, determination or interpretation of the
Building Inspector, and its decision shall be based upon the record
and the Board' s findings in each case, and to that end it shall have
all of the powers of the Building Inspector,
(e) JURISDICTION - SPECIAL PROPERTY USES
The Board shall have and exercise original jurisdiction in
receiving, granting, or denying all requests for adjustment, in which
applications for such special property uses provided herein are made,
after public hearing, and a finding by the Board that ttce conditions
of this ordinance, upon which these special uses are permitted, have
been fulfilled, and after the building official has found that the
provisions of all other ordinances, with which compliance is required,
have been fulfilled.
. (f) JURISDICTION - SPECIAL EXCEPTIONS.
Where there are practical difficulties or unnecessary hard-
ships which render it difficult to carry out the provisions of this
Ordinance, the Board shall have the power to authorize adjustments
upon requests to grant a special exception in harmony with the general
purpose and intent of the provisions herein contained, and such special
exceptions may vary any rules, regulations, provisions of the zoning
ordinance relating to the construction of, structural changes in,
equipment of, and/or alteration of buildings or structures, or the use
cf land, buildings, or structures, so that the spirit of this ordinance
shall be observed; public safety secured; and substantial justice done;
and shall not vary any of the provisions of this ordinance, withre-
spect to the use regulations, unless it shall find that all of the
following conditions exist in each case of a request for an adjustment
applying for a special exception from the decision of the Building
Inspector;
Page -14-
1. That the land and buildings inquestion cannot be reasonable
used, and cannot yield a reasonable return, if used only for
the purposes permitted and in accordance with oth3r requirements
in the use district, in which the land and buildings are lo-
cated;
2. That the plight of the owner is due to unique circumstances,
which are not the general condition of the neighborhood, and
are not the result of the owners own action;
3. That the use requested by the appellant, if established, will
not be of a general classification differing with the essential
use provisions of the use district in which the land and/or
buildings are located.
(g) BOARD'S FINDINGS
The Board' s findings shall include a report in vii ch a com-
parison is made of the appellant' s request for an adjustment for a
special exception in harmony with the provisions of the zoning ordin-
ances and of the present land utilization pattern within the neighbor-
'* hood area of the appellant' s land; and such report may contain other
pertinent information regarding any existing or pre-existing conditions
related to topography, geology, traffic, utilities, existing and pro-
posed land utilization, and such conditions set forth by the official
map, development plans, and comprehensive plans, as may add to the
Board' s findings. The Board' s findings shall include all of the facts
of the appelant' s request, and such facts which support and oppose the
contentions of the appellant.
(h) TIME DECISION EFFECTIVE
The decision of the Board shall not become final until the
expiration of five days from the date of entry of such decision unless
the Board shall find, that the making of the decision effective immed-
iately is necessary for the preservation of property or personal rights,
and shall so certify on the record of the request for adjustment; and
such decision affirming, reversing, or modifying the order, requirement,
decision, or determination of the Building Inspector, or his interpre-
tation of the provisions of the zoning ordinance, shall be effective
for a period of one year from the date of the Board' s decision. The
decision of the Board shall be final.
(i) MEETINGS
Meetings of the Board shall be held at least once each month,
and at such other times as the Chairman of the Board may determines
There shall be a fixed place of Meeting, and all regular Board meetings
shall be open to the public. Three notices of all public hearings of
the Board shall be posted within the vicinity of the land and buildings
in question ten days (10) previous to the public hearing. The Board
shall adopt its own rules of procedure and keep a record of its proceed-
ings, findings, and action in each case, and the vote of each member on
each question considered in the proceedings. The presence of three mem-
. , bers shall be necessary to constitute a quorum.
( j) PROCEDURE
Applications for special property uses, and request for ad-
justments from the ruling of the Building Inspector concerning the
provisions herein contained may be made to the Board within such time
as shall be prescribed by the Board. The
shall be the Secretary of the Board and shall receive all applications
for requests for adjustment requesting review of the Building Inspector' s
Page -15-
•
interpretations, for a special property use permit and for a special
exception, and shall maintain and be custodian of all records of the
minutes of the meetings, and findings of the Board. All records shall
be open to the Public. Copies of the appellant' s notice of request
for adjustment shall be filed with the Building. Inspector, Planning
Commission, and the Board, containing the decision of the Building
Inspector and the reasons why the appellant is aggrieved, specifying
the grounds therefor, and with each application of request for adjust-
ment filed with the , there shall be paid a fee of
yp to cover the city' s cost of handling said request for
adjustment; provided however, that the Board may make provisions in
its rules of procedure for a lesser fee for minor variations to the
zoning ordinance; provided further, that such fees may be returned or
retained by the city after the hearing in accordance with the Board' s
discretion. The Building Inspector shall forthwith transmit to the
Board all papers constituting the record upon which the action and from
which the request for a d j ustment wa s taken. The Board shall concur by
a 2/3 vote of the quorum, or of the members present at such meeting, if
such number exceeds a quorum, reversing or varying the decision of the
Building Inspector. A majority vote of the quorum or members present,
if such number exceeds a quorum, is required to affirm the decision or
determination of the Building Inspector. The Board shall fix a reason-
able time for the hearing of the request for adjustment, give due
notice thereof to the parties and general public, and decide the
same within a reasonable time after the hearing. The final disposition
by the Board of any request for adjustment, shall be in the Mind d a
resolution.
(k) STAY
A request for adjustment to the Board stays all proceedings
in futherance of the action from which the request for adjustment was
taken, unless the Building Inspector, from whom the request for adjust-
ment is taken, certifies to the Board, after the notice of request for
adjustment shall have been filed with him, that by reason of facts
stated in the certification, a stay would, in his opinion, cause
imminent peril to life or property, in which case such action shall
not be stayed otherwise than by a restraining order which may be
granted by the Board of Adjustment, or by any Court of record.
Notice of such action and cause shall be transmitted to the Building
Inspector.
Section 10: Violations and Penalties.
Any person or corporation, whether as owner, lessee, prin-
cipal, agent, employee, or otherwise, who violates any of the provisions
of this ordinance or permits any such violation or fails to comply with
any of the requirements thereof, or who erects, constructs, reconstructs,
alters, enlarges, converts, moves, or uses any building or uses any land,
in violation of any detailed statement or plans submitted by him and
approved under the provisions of this ordinance, shall be guilty. of a
misdemeanor, and upon conviction thereof shall be punishable by a fine
not exceeding $ or imprisonment for a period not to exceed
months, or both. Each week' s continued violation shall con-
stitute a separate additional violation.
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any building,
structure or land is used in violation of this ordinance, the proper
legal authoritiesof the City, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such un-
lawful erection, construction, reconstruction, alteration, conversion,
maintenance or use, to restrain, correct or abate such violation, to
Page -16-
► " '
prevent the occupancy of said building, structure , or land, or to pre-
vent any illegal act, conduct, business, or use in or about such build-
, ing, structure, or land; and upon the failure or refusal of the proper
local officer, board or body of the city to institute any such
appropriate action or proceeding for a period of ten days after a
written request by a resident taxpayer of the city so to proceed, any
three taxpayers of the town residing in the district wherein such
violation exists, who are jointly or severally aggrieved by such
violation, may institute such appropriate action or proceeding in
like manner as such local officer, obard, or body of the city is
authorized to do.
Upon his becoming aware of any violation of any of the
provisions of this ordinance, the building inspector shall serve
notice of such violation on the person or corporation committing or
permitting the same, and if such violation has not ceased within such
reasonable length of time as the building inspector may specify, the
building inspector shall institute such action as may be necessary to terminate the violation.
c ARTICLE VI - Amendments.
I
Section 11: Amendments.
h0,
i/ The citycouncil mayamend this ordinance in the manner
P `specified by law. Proceedings for an amendment may be initiated by
if \;the adoption of a resolution by the planning commission of a proposal
to recommend an amendment. Any person or persons may suggest by
P =petition or letter a proposed amendment to this ordinance. All such
z�petitions or letters shall be directed to the City Council and then
4 C`
"referred to the Planning Commission. The Planning Commission shall file
1. a
' written report of all such petitions or letters within 60 days of the
`t- _-date they are received by the Planning Commission.
The Planning Commission shall hold a public hearing on all
resolutions recommending an amendment to this ordinance, notice of such
hearing and of the proposed amendment shall be given publication in the
official newspaper of the City, at least 10 days prior to the date of
such hearing.
1 If the proposed amendment consists of or includes a change
in any boundary of any district established by this ordinance, notice
of the proposed amendment and of the hearing thereon shall also be
given at lease 10 days prior to the date of the hearing by:
1. Mailing post card notices thereof to the owners of al 1
land lying within 200 feet from the exterior boundaries
of the land involved in said proposed changed boundaries,
as the names appear on the latest county treasurer' s real
estate tax records.
•
2. Posting notices thereof along every road or street abutting
the land as proposed to be changed. At lease one notice
shall be placed for each five acres of land in the area
proposed to be rezoned. Each such notice shall bear the
printed heading "Notice of Proposed Rezoning" in letters
at least 2 inches high. It shall be the duty of the
Planning Commission to see that all such rezoning signs
are removed not later than 7 days after the date of the
hearing.
The planning commission shall diligently obsrve the foregoing
requirements with respect to mailing and posting notices, but any minor
inaccurany in giving such notice shall not invalidate the proceedings
Page -17-
• ; :
1
for any amendment . The Building Inspector shall post the above required
notices.
After the conclusion of the aforesaid hearing, the Planning
Commission shall submit to the City Council its recommendation with
respect to the proposed amendment. In recommending the adoption the
planning commission shall fully state its reasons, describing any
change in conditions that it believes make the amendment advisable,
and specifically setting forth the manner in which said commission
is of the opinion that the amendment is in harmony with a comprehensive
plan of land use for the city. I
ARTICLE VII - Miscellaneous
I
Section 12: - Interpretation.
In interpreting and applying the provisions of this Ordinance,
they shall be held to be the minimum requirements for the promotion of
the public health, safety, convenience, comfort, and general welfare,
as stated in Section 1.
It is not the intention of this ordinance to interfere with
any more strict requirements than may be imposed by any city, county,
state, or federal health officer that has jurisdiction in the City of
Auburn.
Section 13: Validity.
Should any section, clause, or provision of this ordinance
be declared by the Courts to be invalid, the same shall not effect the
validity of the ordinance as a whole or any part thereof, other than the
part so declared to be invalid.
Section 14: Repeals.
That Ordinances Numbers 875, 882, 883 and 948, of the
1 Ordinances of the City of Auburn, and that all other Ordinances or
parts therof in conflict herewith be and the same are hereby repealed.
Section 15: Short Title.
This Ordinance shall be known as the City of Auburn, Zoning
Ordinance.
1 Section 16: When Effective.
This ordinance shall take effect and be in force five days
from and after its passage, approval, and legal publication.
INTRODUCED: ,‘/,/,/, , /,9`J 3
PASSED: .41Cog-; / ' Lr''.--?
• TTES' ; APPROVED: Com..,, / . / s..,3
City Clerk ' /' Z- ie_. 0 7: ,e4./-T.:K.--_'-' d ,
APPR E,, AS 10 I? RM:/ •
/ M A YOR
1 . ' •�
C_TY • TTOR1-1"
PUBLISHH;D: G , z7 (2 ..5---1?
Page —18—