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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—