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HomeMy WebLinkAbout7020 ORDINANCE NO. 7020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO NONCONFORMING STRUCTURES, LAND, AND USES REGULATIONS AMENDING SECTIONS 18.54.050, 18.54.060, 18.54.070, 18.54.080, AND 18.70.020 OF THE AUBURN CITY CODE WHEREAS, nonconforming structures, land, and uses are governed by the development regulations contained in Chapter 18.54 of the Auburn City Code (ACC), which purpose is to allow for the continuance and maintenance of legally established nonconforming structures, land, and uses; and WHEREAS, legally established nonconforming structures, land, or uses exist when the structure, land, or use conformed to the regulations and laws in existence at the time of the initial project action but no longer conform because of amendments over time to regulatory authority; and WHEREAS, ACC section 18.70.020(A)(3) allows the Hearing Examiner, after a public hearing, to authorize five specific deviations from development regulations known as "special exceptions," one of which is an expansion of a legal nonconforming use or structure; and WHEREAS, ACC 18.68.030(B) allows for a "Zoning Text Amendment" or change to the text of Title 18 ACC if an application is submitted and processed as a legislative nonproject decision, consistent with ACC 14.03.060 and other public notice provisions of Title 14 ACC; and WHEREAS, during the last Periodic Comprehensive Plan update, completed at the end of 2024, the City made major amendments to Title 18 ("Zoning") and the Zoning Ordinance No. 7020 June 30, 2026 Page 1 of 3 Rev. 2026 Map (ACC 18.02.080) to be consistent with changes to the City's Comprehensive Plan and Comprehensive Land Use Map; and WHEREAS, the intent of these text amendments is to provide greater flexibility in the continuation and maintenance of legally established nonconforming structures, land, and uses to reduce unintended hardships on property owners and businesses while maintaining the City's long-term vision and consistency with the Comprehensive Plan; and WHEREAS, under Chapter 36.70A of the Revised Code of Washington (RCW), the proposed text amendments were transmitted to the Washington State Department of Commerce on February 6, 2026, which commenced a 60-day notice period that ended on April 7, 2026, during which no comments were received; and WHEREAS, a State Environmental Policy Act (SEPA) Non-Project Action Determination of Non-Significance (DNS) was issued on March 4, 2026, which appeal period expired on March 18, 2026, with no appeals received; and WHEREAS, the Planning Commission held a public hearing on June 2, 2026, and, following public testimony and deliberation, voted to recommend these text amendments to City Council for adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Sections 18.54.050, 18.54.060, 18.54.070, 18.54.080, and 18.70.020 of the Auburn City Code are amended to read as shown in Exhibit A. Ordinance No. 7020 June 30, 2026 Page 2 of 3 Rev. 2026 Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any references thereto. Section 5. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: JUL 6 6 2026 PASSED: JUL 0 6 2'026 APPROVED: JUL 0 6 Y026 NANCY BAQV_S431AYOR ATTEST: PP VE 5:a wn Mp ell, MMC, City Clerk Jason Whalen, City Attorney Publishut \ Ordinance No. 7020 June 30, 2026 Page 3 of 3 Rev. 2026 Ordinance No. 7020 - Exhibit A Ordinance No.7020-Exhibit A Page 1 of 9 Chapter 18.54 NONCONFORMING STRUCTURES, LAND AND USES Sections: 18.54.010 Intent. 18.54.020 Continuance of nonconforming structures and uses. 18.54.030 Use of nonconforming land. 18.54.040 Nonconforming signs. 18.54.050 Changes of use, tenancy, ownership or management. 18.54.060 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures. 18.54.070 Abatement of nonconforming structures and uses. 18.54.080 Amortization and abatement of outdoor storage. 18.54.010 Intent. Amendments over time to regulatory authority provided within this title may result in structures, land and uses which no longer conform with the provisions set forth for the district in which they are situated.Therefore it is the intent of this chapter to allow for the continuance and maintenance of legally established nonconforming uses subject to standards and provisions prescribed within this chapter. (Ord.4229§2,1987.) 18.54.020 Continuance of nonconforming structures and uses. Any nonconforming structure or use lawfully existing on the effective date of this title, or any subsequent amendments to this title, may be continued and maintained in conformance with provisions of this chapter, provided no enlargement of area, space or volume occupied by the nonconforming use occurs.Any nonconforming structure authorized by a valid building permit prior to the effective date of the ordinance codified in this title, or any subsequent amendments to this title, may be completed and used in accordance with the plans, specifications and The Auburn City Code is current through Ordinance 7002,passed October 6,2025. Ordinance No.7020-Exhibit A Page 2 of 9 regulations under which such permit was issued. Expiration of authorized permits will result in a loss of vested right for construction and use of such structure. (Ord.4229§2, 1987.) 18.54.030 Use of nonconforming land. If any parcel of land with a minimum lot size or lot dimension which is less than that prescribed for by the district in which such parcel is located,was subdivided into lots according to a plat of record on or before the effective date of the ordinance codified in this title, or any subsequent amendments to this title,then the fact that the parcel of land does not meet the minimum lot size or lot dimension requirements as set forth in this title shall not prohibit the property from being utilized; provided,that all other regulations prescribed for that district by this title are complied with, except as provided for in Chapter 18.31 ACC. (Ord.4229§2,1987.) 18.54.040 Nonconforming signs. Nonconforming signs shall be subject to provisions of Chapter 18.56 ACC. (Ord.4229§2, 1987.) 18.54.050 Changes of use, tenancy, ownership or management. Changes of use,tenancy, ownership or management may occur to any existing legally established and continued nonconforming use under one or more of the following circumstances: A. Any part of a structure occupied by an existing legally established and continued nonconforming use may be changed to a use which, in the opinion of the planning dCommunity Development Director or designee, is of the same or of a more restrictive nature. When the use of a nonconforming structure is hereafter changed to a more restrictive use, the structure shall not thereafter be used for a less restrictive use. B. There may be a change of tenancy, ownership or management of any existing legally established and continued nonconforming use provided there is no change in the nature or The Auburn City Code is current through Ordinance 7002,passed October 6,2025. Ordinance No.7020-Exhibit A Page 3 of 9 character of such nonconforming use except as authorized within this chapter. (Ord.4229§2, 1987.) 18.54.060 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures. A. Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing,wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. B. No structural alterations, as defined by the Uniform International Building Codes, shall be made except as required by law or ordinance; provided,that the cost of such work shall not exceed 50 percent of the assessed valuation of such structure as established by the most current county assessor's tax roll. C. A nonconforming structure having been damaged or partially destroyed to an extent not exceeding 50 percent of the assessed valuation of such structure as established by the most current county assessor's tax roll, may be restored to its original condition, as authorized by the aity's building official, and its immediately preceding or existing use at the time of partial destruction may be continued or resumed. Restoration shall begin within one year and be completed within two years of the date of partial destruction. If restoration is not started within one year,then the reuse and occupancy of the structure shall conform to all the regulations of the district in which the use is located. D. Structures or lands which are nonconforming as to use regulations shall not be enlarged or intensified in any manner unless the enlargement within such structures or lands conforms to all regulations of the district in which it is located, except for expansion permitted under ACC 18.54.060(H).A nonconforming use, within a nonconforming structure, shall not expand into any portion of the nonconforming structure. The Auburn City Code is current through Ordinance 7002,passed October 6,2025. Ordinance No.7020-Exhibit A , Page 4 of 9 E. Structures which are nonconforming as to percentage of site coverage, setbacks, building height or density shall not be enlarged unless such enlargement conforms to the regulations of the district in which it is located. F. Nonconforming residential structures are allowed to provide maintenance, alterations and additions which may exceed the requirements of this chapter; provided the total number of dwelling units does not increase and all other development standards of the district are complied with. G. This chapter shall not prevent the following provided the total value of the improvements, over the lifetime of the nonconforming usewithin five years of the date of permit issuance, does not exceed 50 percent of the assessed value of the nonconforming use as established by the most current county assessor's tax roll, except for the following items: ; and,the nonconforming use or structure is not expanded except as allowed by subsection H of this section; provided further,that any replacement of a nonconforming structure, or parts thereof, must comply with the appropriate development standards-unless a special exception is granted pursuant to ACC 18.70.020: 1. Strengthening or restoring to a safe condition any nonconforming structure or part thereof which is declared to be unsafe or a hazard to the public by the order of the Community Development Director or designees city official charged with protecting the public safety; 2. Lessening a hazardous situation, nuisance or other adverse environmental impact; 3. Bringing the structure or use into more conformance with this title; 4. Adapting the structure to new technologies or equipment; or 5. Improvements which do not increase the intensity of the nonconforming use. H.Any replacement of a nonconforming structure, or parts thereof, must comply with the appropriate development standards unless a special exception is granted pursuant to ACC 18.70.020. 14. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may may expand the existing use or structure subject to the requirements of this chapter.be permitted by means of a special The Auburn City Code is current through Ordinance 7002,passed October 6,2025. Ordinance No.7020-Exhibit A Page 5 of 9 exceptionA legal nonconforming structure or use may be expanded administratively up to 10% by the Community Development Director or designee. Expansions of a legal nonconforming structure or use by more than 10%, not to exceed 25%, may be permitted by means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020 to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of the ordinance codified in this title; provided further,that the addition otherwise meets the standards of this title and other requirements of the Ceity. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized administrative use permit, conditional use permit, special property use permit, contract rezone, or binding agreement between the Ceity and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage. jt. When a building or structure is moved to another location it must then be made to conform to the requirements of the district to which it is moved, unless specifically allowed elsewhere by this title. g. Nonconforming single-unit detached, middle housing, and apartments single_family residential homes and their accessory structures may be replaced and the new structure shall either meet the development standards of the district in which the borne isdwelling unit(s) is or are located or the new structure shall not be more nonconforming than the previous use.All other applicable building and fire code requirements must be complied with. (Ord.6269§21, 2009;Ord.5170§ 1, 1998;Ord.4705§2, 1994;Ord.4304 5 1(43), 1988;Ord.4229§2, 1987.) 18.54.070 Abatement of nonconforming structures and uses. Nonconforming structures and uses shall be abated if one or more of the following circumstances exist: A. If a nonconforming use is discontinued and changed to a conforming use, any future use of the structure or land shall be in conformity to the regulations of the district in which structure or land is located.; The Auburn City Code is current through Ordinance 7002,passed October 6,2025. Ordinance No.7020-Exhibit A Page 6 of 9 B. If a nonconforming use or structure is discontinuedAny structure or portion of a or becomes vacant or unoccupied and remains unoccupied for a continuous period of 180 days more than three years, it shall not thereafter be reestablished or occupied except by a use which conforms to the use regulations of the district in which it is located, unless the Community Development Director or designee approves an extension pursuant to subsection C of this section. Failure to maintain compliance with the criteria set forth in subsection (C)(2) of this section during the period of vacancy or extension shall result in termination of the nonconforming status.Residential uses in commercial or industrial zones which are unoccupied for more than C.The Community Development Director or designee may administratively authorize the extension of a discontinued nonconforming use or structure, up to two-years, in one-year increments,through a Type I decision, allowing the nonconforming use or structure to be re- established without requiring the nonconforming use or structure to conform with the use regulations of the zoning district in which the property is located, subject to the following criteria and conditions: 1. An applicant for an extension shall make a written request for the extension a minimum of 90 calendar days prior to expiration of the discontinued nonconforming use. 2. The Community Development Director or designee shall in consideration of granting an extension find: a. The property has no open code enforcement violations; and b. The property, including structures, landscaping, and amenities, is maintained so as to not appear degraded relative to the previous condition of the property nor detract from the surrounding neighborhood; and c. The property owner has demonstrated a good faith effort to actively market the property for sale or lease at a competitive market rate for occupancy and reuse. CD. If a nonconforming structure sustains damage or destruction which exceeds 50 percent of the current assessed valuation of the structure as established by the county assessor's officer. r-Reconstruction of such damaged structure or reuse of occupancy shall conform to all regulations of the district in which it is located and it shall be treated as a new building.This The Auburn City Code is current through Ordinance 7002,passed October 6,2025. Ordinance No.7020-Exhibit A Page 7 of 9 subsection shall not apply to single-unit detached, middle housingf m-il„dwellings, and apartments. (Ord.5170§ 1,1998;Ord.4229§2, 1987.) 18.54.080 Amortization and abatement of outdoor storage. All outdoor storage yards that do not comply with the landscape and screening requirements of Chapter 18.50 ACC which are located within an M-1 zone that are adjacent to a residential zone or are visible from a public street s ►all,within three years of the adoption of this titleand make any improvements included in ACC 18.54.060, shall screen and landscape the outdoor storage pursuant to the requirements of Chapter 18.50 ACC, or the use shall be abated.(Ord.6885§ 1 (Exh.A),2022; Ord.4229§2, 1987.) • The Auburn City Code is current through Ordinance 7002,passed October 6,2025. Ordinance No.7020-Exhibit A Page 8 of 9 18.70.020 Special exceptions. A. Only the following special exceptions may be granted by the hearing examiner after a public hearing is held pursuant to ACC 18.70.040: 1. Platted lots within the same block and same zone, but separated by a public alley, may be used as a single building site for the purpose of calculating the number of dwelling units permitted in a structure to be erected on one side of the alley, subject to the following requirements: a. Each portion of the property shall abut a minimum of 100 feet upon the alley. b. The two portions of the property shall be directly opposite for a distance representing at least 50 percent of the width of the portion of the property not to be occupied by the proposed building. c. The portion of the property not occupied by the building shall not be sold, segregated or used for building purposes so long as the building remains on the portion of property on the opposite side of the alley. ? Whenever there is a chancre from a residential use to a nonresidential use in an existing that cannot be effectively utilized by the proposed use, from the off-street parking requirements. 32. A nonresidential structure or use which becomes a legal nonconforming structure or use after may expand the existing use or structure subject to the requirements of this chapter. the effective date of the ordinance codified in this title may be permitted, by means of a special exception, Expansions of a legal nonconforming structure or use by more than 10%, not to exceed 25%, may be permitted by means of a special exception to pand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of this-tit-to; provided further,that the addition otherwise meets the standards of this title and other requirements of the CEity. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized administrative use permit, conditional use permit, special property use permit, contract rezone, or binding agreement between the Ceity and The Auburn City Code is current through Ordinance 7008,passed November 17,2025. Ordinance No.7020-Exhibit A Page 9 of 9 the property owner.This section also does not allow the expansion of any nonconforming hazardous material storage. 43. Pursuant to ACC 18.54.060(G), a special exception may be issued for the replacement of a nonconforming structure or part thereof which does not comply with the appropriate development standards. 5. Pursuant to ACC 18.54.070(B), a special exception may be issued for residential uses, in commercial or industrial zones,to reoccupy if unoccupied for longer than 180 days. B. In considering applications for special exceptions,the hearing examiner shall consider the nature and condition of all adjacent uses and structures, and no such special exception shall be authorized by the hearing examiner unless the hearing examiner finds that the authorizing of such special exception will not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located, and that the authorization of such special exception will be consistent with the spirit and purpose of this title. In authorizing a special exception,the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. (Ord.6269§24,2009; Ord.4840§ 1,1996;Ord.4229§2, 1987.) The Auburn City Code is current through Ordinance 7008,passed November 17,2025.