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HomeMy WebLinkAbout4229�"" +�0� ` 11 2 3 4 5 6 7 8 9 10 11�' l2' 13 14 15 16 'I 17 18 19 20 2I. 22 23 24 25 26 27 28 29 � 30 I 31 I 32 �� ��O�l �� ���� ' C���- �al ' --,�-�.-eJ L�p� �D ', pRDINANCE N0. 4 2 2 9 �.�j ��� � l �/ � �,�,� /; � AN ORDINANC OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHIIVGTON, REPEALING AUBURN CODIFIED CITY ORDINANCE TITLE 18 AND CREATING A NEI�I AUBURN CODIFIED CITY ORDINANCE TITLE 18 RELATING TO ZONIIVG. WHEREAS, a new Comprehensive Zoning Ordinance has been de��eloped to replace the City's current Comprehensive Zoning Ordinance; anci WHEREAS, the City's current Comprehensive Zoning OrdinancF� was adopted in 1964 and conditions within the City have substantially changeci, and zoning techniques and processes have improved during this period; and WHEREAS, only piecemeal and potentially inconsistent amendments have been made to the current Zoning Ordinance since its original adopt`ion; and, WHEREAS, on August 18, 1986, the City adopted a new Comprehensive Plan which provides broad goals, objectives and policies for land uses and activi- ties throughout the City; and WHEREAS, the new Comprehensive Plan was adopted, in part, to provide guidance for the development of a new Zoning Ordinance; and WHEREAS, the City's current Zoning Ordinance cannot effect:ively implement, and is inconsistent with, the new Comprehensive Plan; and, WHEREAS, R.C.W. 35A.63.100 provides that a legislative bodly of the City may, after approval of a Comprehensive Plan, implement the Pla.n by Ordinance through division of the municipality into appropriate zones fo�r the purpose of regulating the use of the land; and WHEREAS, the City of Auburn determined the need to adopt a new Comprehensive Zoning Ordinance, the City Council has directed the Planning Commission and the Planning and Community Development Department to propose such a new Ordinance; and WHEREAS, a draft Zoning Ordinance was prepared by the Planning and Community Development Department and Planning Commission; and WHEREAS, the Comprehensive Zoning Ordinance contains the findings upon which the new Comprehensive Zoning Ordinance was prepared; and, WHEREAS, the considerations used in the development of the Comprehensive Zoning Ordianance are derived from the City's Comprehensive Plan; and ---------------------- Ordinance No. 4229 Page One 5/27/81 ___.�_.____-----� • __. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 231 24 25 26 27 28 29 I 30 31 32 I WHEREAS, the environmental impacts of the draft Comprehensive Zoning Ordinance were considered in accordance with the procedures of the State Environmental Policy Act, and WHEREAS, six "open houses" were held for the community an�d City officials to discuss the draft Comprehensive Zoning Ordinance; and WHEREAS, after proper notice published in the City's offi�cial newspaper at least ten (10) days prior to the date of hearing the Auburn City Planning Commission at a public meeting on February 23, 1987, conducte�� a public hearing on the draft Comprehensive Zoning Ordinance; and WHEREAS, at said hearing the Auburn City Planning Commiss�ion heard public testimony and took evidence and exhibits into consideration o•F said draft Comprehensive Zoning Ordinance; and WHEREAS, the Auburn City Planning Commission recommended approval of the draft Comprehensive Zoning Ordinance as amended and transmittE�d a copy of its recommendations for the Ordinance to the Auburn City Council; and WHEREAS, after proper notice published in the City's offic:ial newspaper at least ten (10) days prior to the date of hearing the Auburn City Council at a public meeting on April 6, 1987, conducted a public hearing on� the draft Comprehensive Zoning Ordinance; and WHEREAS, at said hearing the Auburn City Council heard pub�lic testimony and took evidence and exhibits into consideration of said draf't Comprehensive Zoning Ordinance; and WHEREAS, the Planning and Community Development Committee of the Auburn City Council reviewed the draft Comprehensive Zoning Ordinance as recommended by the Auburn Planning Commission and made additional revisions and recom- mended approval to the Auburn City Council; and WHEREAS, the Comprehensive Zoning Ordinance appropriately implements the City of Auburn Comprehensive Plan; and ---------------------- Ordinance No. 4229 Page Two 5/27/87 1 2 K� 8 9 10 11 12 13 14 15 lfi 17 18 19 20 21 22 23 24 I 251 26 ''� 27 I 28 29 30 31 32 I WHEREAS, the Comprehensive Zoning Ordinance is deemed to be in the best interest of the public health, safety, welfare and morals of i;he City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WEISHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Auburn Codified City Ordinance Title 18, including all revi- sions previously adopted by the City, except that all conditic�ns or contracts established through previous land use actions in accordance with applicable ordinances shall continue to apply to such land, is upon the E�ffective date of the Ordinance, repealed in its entirety. Section 2. There is herewith created a new Auburn Codifie�d City Ordinance Title 18, relating to Zoning, said Title 18 is attached heretc�, denominated as Exhibit "A" and incorporated herein as though set forth in full, and it is herewith directed that it be filed along with this Ordinance N�ith the Auburn City Clerk and be available for public inspection. Section 3. The Mayor is hereby authorized to implement suich administra- tive procedures as may be necessary to carry out the direction�s of this legislation and to prepare and publish the aforementioned ComF�rehensive Zoning Ordinance as the Comprehensive Zoning Ordinance for the City. Section 4. After one year from the effective date of this Ordinance, the City Council shall conduct a public hearing on the Comprehensive Zoning Ordinance to take public testimony, evidence and exhibits into consideration to evaluate the need for any necessary changes to said Comprehensive Zoning Ordinance. Ordinance No. 4229 Page Three 5/27/87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i 24 25 26 27 28 29 30 31 32 Section 5. If any section, subsection, sentence, clause, phrase or por- tion of this Ordinance or any section of the Comprehensive Zoriing Ordinance herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separat:e, distinct and independent provision, and such holding shall not affect the v�alidity of the remaining portions thereof. Section 6. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: JUNE l, 1987 ATTEST: ' / ' .� �►.L � . . _ ..1 APPf�AV�D AS j.p FORM: 0 PUBLISHED: JUNE 7, 1987 ----------------------- Ordinance No. 4229 Page Four of Four 5/27/87 rney PASSED: APPROVED: JUNE 1, 1987 JUNE l, 1987 M A Y 0 CITY OF AUBURN COMPREHENSIYE ZONING �RDINANCE N0. 4229 TITLE 18 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 25 WEST MAIN STREET AUBURN, WASHIN6TON 98001 (206) 931-3090 CHAPTERS: 18.02 18.04 18.06 18.08 18.10 18.12 18.14 18.16 18.18 18.20 18.22 18.24 18.26 18.28 18.30 18.32 18.34 18.36 18.38 18.40 18.42 18.44 18.46 18.48 18.50 18.52 18.54 18.56 18.58 18.60 18.62 18.64 18.66 18.68 18.70 18.72 18.74 Title 18 TABLE OF CONTENTS General Provisions Definitions Districts and Map RR Rural Residential District RS Single Family Residential District R1 Single Family Residential District R2 Single Family Residential District R3 Two Family (Duplex) Residential District R4 Multiple Family Residential District RMHP Residential Manufactured Home Park District RO Residential Office and RO-H Residential Office Hospital District CN Neighborhood Shopping District C1 Light Comnercial District C2 Central Business District C3 Heavy Comnercial Oistrict M1 Light Industrial District M2 Heavy Industrial District BP Business Park District LF Airport Landing Field District P1 Public Use District UNC Unclassified Use District I Institutional Use District Temporary Uses Supplemental Development Standards Landscaping and Screening Off-Street Parking and Loading Nonconforming Structures, Land and Uses Signs Performance Standards Home Occupations Surface Mining Administrative and Conditional Use Permits Hearing Examiner Amendments Variances, Special Exceptions and Administrative Appeals Administration and Enforcement Adult Motion Picture Theaters PAGE N0. 18.02-1 18.04-1 18.06-1 18.08-1 18.10-1 18.12-1 18.14-1 18.16-1 18.18-1 18.20-1 18.22-1 18.24-1 18.26-1 18.28-1 18.30-1 18.32-1 18.34-1 18.36-1 18.38-1 18.40-1 18.42-1 18.44-1 18.46-1 18.48-1 18.50-1 18.52-1 18.54-1 18.56-1 18.58-1 18.60-1 18.62-1 18.64-1 18.66-1 18.68-1 18.70-1 18.72-1 18.74-1 Chapter 18.02 GENERAL PROVISIONS Sections: 18.02.010 Short title. 18.02.020 Purpose. 18.02.030 Scope. 18.02.040 Administrative interpretations. 18.02.050 Zoning for annexed land. 18.02.010 Short title. This ordinance shall be known as "The Comprehensive Zoning Ordi�ance" of the City of Auburn which shall constitute Title 18 of the Auburn Cit.y Code and shall hereafter be referred to as this Title. 18.02.020 Purpose. A. The purpose of this Title is to implement the City of Auburn's Comprehensive Plan. This Title will be used to further the growth and development of the City of Auburn consistent with the adopted Comprehensive Plan and its imple- menting elements. This Title will also further the purpose of F�romoting the health, safety, morals, convenience, comfort, prosperity, and gEneral welfare of the City's population. B. The specific zones and regulations herein are designed to facilitate ade- quate provisions of utilities, schools, parks and housing with �ssential light, air, privacy, and open space; to lessen congestion on str�eets and facilitate the safe movement of traffic thereon; to stabilize a�d enhance property values; to prevent the overcrowding of land; to facilit.ate adequate provisions for doing public and private business and thereby safeguard the community's economic structure upon which the prosperity and welfare of all depends and through such achievements help ensure the safety an� security of home life, foster good citizenship, create and preserve a more healthful, serviceable and attractive municipality and environment in which to live. C. To most effectively accomplish these purposes, this Title divides the City into zones wherein the location, height and use of buildings, the use of land, the size of yards and other open space, and the provision of off- street parking and l�ading are regulated and restricted in accor�dance with the Comprehensive Plan for the City of Auburn. These zones and regulations are hereby deemed necessary and are made with reasonable consid�ration, among other things, as to the character of each zone and its particular suitability for specific uses, the need for such uses, the comn�n rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriat� use of land throughout the City. 18.02.030 Scope. A. The provisions of this Title shall apply to both public and private use of land within the corporate limits of the City of Auburn. 18.02-1 B. Hereafter, no use shall be conducted, and no building, structure and appur- tenance shall be erected, relocated, remodeled, reconstructed, a�tered or enlarged unless in compliance with the provisions of this Title, and then only after securing all permits and approvals required hereby. l:t shall be unlawful to build or use any building or structure or to use premises in the City for any purpose or use other than the uses listed as being permitted in the district in which such building, land, or premises are locatHd. C. Any building, structure or use lawfully existing at the time of passage of this Title, although not in compliance therewith, may continue as provided in Chapter 18.54 herein. D. In interpreting and applying the provisions of this Title, they tihall be held to be the minimum requirements for the promotion of the publlic health, safety, and general welfare. It is not intended by this Title to interfere with, abrogate or annul any easements, covenants or other agreempnts between private parties. However, where this Title imposes a greater restriction upon the use of land and/or buildings or in general requires higher stan- dards than other ordinances, rules, or private agreements, the pr•ovisions of this Title shall govern. E. No division of land shall occur unless in compliance with the prc►visions of this Title. F. This Title is not intended to regulate the erection, constructiori, or re- construction of public streets, power poles, street lights, utility lift stations, transmission lines, or other public uses necessary to s:upport the general public welfare, carried on by the City of Auburn, or agents of the City working under the appropriate contract or franchise. 18.02.040 Administrative interpretations. The Planning Director shall be authorized to interpret the meanir�g of words, phrases and sentences which relate to the determining of uses permitt.ed in the various districts, approval or disapproval of development plans, or ather related z�ning actions. The Planning Director may permit other uses in a zone other than those which are listed, if the Director determines the use is consistent with thE intent of the zone and is of the same general character of the uses permitted �ithin the zone. Administrative interpretations may be appealed to the Hearing Examiner as prescribed in Chapter 18.70. 18.02.050 Zoning for annexed land. Prior to any parcel of land being annexed to the City, the property may be zoned consistent with the Auburn zoning districts and the Comprehensive Plan amended if necessary. Application for the rezone and necessary amendment may be done simulta- neously with the request for annexation. For property that is not zoned prior to annexation the property shall assume the R-1 designation upon annexation. If applicable, the Planning Director may be empowered to initiate a rezone application from the R-1 designation to a zone compatible with the Comprehensive Plan. This rezone process shall occur within six (6) months of the date of annexation. 18.02-2 Sections: 18.04.010 18.04.020 18.04.030 18.04.040 18.04.050 18.04.060 18.04.070 18.04.080 18.04.090 18.04.100 18.04.110 18.04.120 18.04.130 18.04.140 18.04.150 18.04.160 18.04.170 18.04.180 18.04.190 18.04.200 18.04.210 18.04.220 18.04.230 18.04.240 18.04.250 18.04.260 18.04.270 18.04.280 18.04.290 18.04.300 18.04.310 18.04.320 18.04.330 18.04.340 18.04.350 18.04.360 18.04.370 18.04.380 18.04.390 18.04.400 18.04.410 18.04.420 18.04.430 18.04.440 18.04.450 18.04.455 18.04.460 18.04.470 Chapter 18.04 DEFINITIONS General definitions. Accessory use. Adult m�tion picture theater. Airport, heliport, or aircraft landing field. Airport elevation. Airport hazard. Airport landing area. Airport reference point. Alley. Amusement devices, mechanical. Apartment. Arcade. Automobile repair. Automobile service station. Automobile wrecking. Automobile wrecking yard. Automobile, trailer, equipment sales area. Boardinghouse. Building. Building height. Building, main. Building official. Building site, Comnercial use. Comprehensive plan. Conditional use. Conforming use. Contract rezone. Day-care center, nursery school, preschool. Density. Development standards. District. Dwelling. Dwellings, types of. Dwelling unit. Family. Fence. Floor area. Foster home. Garage or carport, residential. Garage, comnercial. Grade. Gross floor area. Group residence facility. Guest cottage. Hazardous materials. Home occupation. Hospital. 18.04-1 18.04.480' 18.04.490 18.04.500 18.04.510 18.04.520 18.04.530 18.04.540 18.04.550 18.04.560 18.04.570 18.04.580 18.04.590 18.04.600 18.04.610 18.04.620 18.04.630 18.04.640 18.04.650 18.04.660 18.04.670 18.04.672 18.04.676 18.04.680 18.04.690 18.04.700 18.04.710 18.04.720 18.04.730 18.04.740 18.04.750 18.04.760 18.04.770 18.04.780 18.04.790 18.04.800 18.04.810 18.04.820 18.04.830 18.04.840 18.04.850 18.04.860 18.04.870 18.04.880 18.04.890 18.04.900 18.04.910 18.04.920 18.04.930 18.04.940 18.04.950 18.04.960 Hospital or clinic, small animal. Hotel. Junkyard. Kennel. Landscaping. Lot. Lot area. Lot coverage. Lot dimensions. Lot lines. Lot of record. Lot types. Manufactured home. Manufactured home park. Medical-dental clinic. Mobile home. Motel. Non-conforming use. Nursing home. Occupancy. Outdoor sales. Outdoor storage. Parking area. Parking space or stall. Person. Personal service shop. Pets, common household. Planning commission. Planning director, Professional offices. Public use. Quasi-public use. Recreational vehicle, camping trailer, travel trailer, motor home, and truck camper. Recreational vehicle park. Residence. Shopping center. Sign. Specified anatomical areas. Specified sexual activities. Spot zoning. Story, Street, private. Street, public. Structure. Use. Variance. Yard. Yard, front. Yard, rear. Yard, side. Zone. 18.04-2 18.04.010 ' General definitions. Except where specifically defined in this chapter, all words used in this Title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "i�e" or "his" shall also refer to "she" or "her", the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision, the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." 18.04.020 Accessory use. "Accessory use" means a use, a building or structure, part of a t�uilding or other structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot, includin�g a residential garage. If an accessory building is attached to the main building by a c�rrmon wall or roof, such accessory building shall be considered a part of the main building. Parking areas will not be considered an accessory use under this definition. 18.04.030 Adult motion picture theater, "Adult motion picture theater" means an enclosed building used for pre- senting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas", as defined in Sections 18.04.830 and 18.04.840 res�ec- tively, for observation by patrons therein. 18.04.040 Airport, heliport or aircraft landing field. "Airport," "heliport," or "aircraft landing field" means any runw�y, landing area or other facility whether publicly or privately owned antl operated, and which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft, including ultra- lights as defined by the Auburn City Code Section 8.36.010. This definition includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces. This definition does not include manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith. 18.04.050 Airport elevation. "Airport elevation" means the established elevation of the highest point on the usable landing area. 18.04.060 Airport hazard. "Airport hazard" means any structure, tree or use of land which obatructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. 18.04.070 Airport landing area. "Airport landing area" means the area of the airport used for the landing, 18.04-3 taking off or taxiing of aircraft. 18.04.080 Airport reference point. "Airport reference point" means the point established as the approximate geographic center of the airport landing area and so designated. 18.04.090 Alley. "Alley" means a of vehicular access traffic circulation. public right of way which affords a secondary puhlic means to abutting property and which is not intended f��r general 18.04.100 Amusement devices, mechanical. "Mechanical amusement device" means any machine which, upon the �insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not regist�ring a score. It includes such devices as marble machines, pinball machines, skillball, mechanical grab machines, video games and all games, oper�tions or transactions similar thereto under whatever name they may be indicatE�d to spe- cify. "Mechanical amusement device" does not include pool tables. 18.04.110 Apartment. "Apartment" means a dwelling unit in a multi-family building. 18.04.120 Arcade. "Arcade" includes any place of business having in excess of four mechanical amusement devices as defined in Section 18.04.100. 18.04.130 Automobile repair. "Automobile repair" includes fixing, incidental body or fender wark, painting, and upholstering, engine tune-up, adjusting lights, brakes, supplying and installing replacement parts to passenger vehicles and trucks. 18.04.140 Automobile service station. "Automobile service station" means a place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed. Sales and installation of auto accessories, washing, polishing, inspections and cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants. Retail sales of food and grocery related items may also be con- sidered an incidental use. 18.04.150 Automobile wrecking. "Automobile wrecking" shall mean the dismantling or motor vehicles or trailers, the storage, sale or dumping lete, or wrecked vehicles or their parts, and the towing parts in connection with such activity. 18.04-4 disassembling of used of dismantled, obso- of such vehirles or 18.04.160 ' Automobile wrecking yard. "Automobile wrecking yard" means any premises devoted to automobile wrecking. 18.04.170 Automobile, trailer, equipment sales area. "Automobile, trailer and equipment sales area" means an open area, other than a street or alley, used for the display, sale or rental of new or used automobiles, trucks, trailers or other equipment. 18.04.180 Boardinghouse. "Boardinghouse" means any dwelling in which more than three persans, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished-room house is a boardinghouse. 18.04.190 Building. "Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. 18.04.200 Building height. "Height of building" means the vertical distance measured from th� finished grade to the highest point of the roof for flat roofs, to the deck li�e of man- sard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the struc- ture. 18.04.210 Building, main. "Main building" shall mean the principal building or buildings on a lot or building site designed or used to accommodate the primary use to whicf� the pre- mises are devoted. 18.04.220 Building official. "Building official" means the city employee or designee charged with the enforcement of the this Title. 18.04.230 Building site. "Building site" means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together �with all yards and open spaces required by this Title. 18.04.240 Commercial use. "Commercial use" shall mean any activity or use of land which invo1ves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use; whether or not such activity or use be for hire or on account of the buyer, seller, pr•ocessor, or improver. 18.04-5 18.04.250 ' Comprehensive plan. "Comprehensive plan" means the Comprehensive Plan for the Auburn planning area, as now constituted, or hereafter amended, or its successor. 18.04.260 Conditional use. "Conditional use" means a use permitted in a zoning district only after review and approval by the Hearing Examiner, Planning Commission, City Council, or Planning Director. Conditional uses are such that they may be co�patible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner in order to achieve the purposes of this Title. 18.04.270 Conforming use. "Conforming use" means an activity the nature and type of which �is per- mitted in the zone in which the property on which it is established �is located. 18.04.280 Contract rezone. "Contract rezone" means an agreement between the City and a propprty owner which implements a rezone by outlining conditions and other obligatinns. A contract rezone must demonstrate a general public benefit, must run with the land and be binding upon the owner and his heirs, assigns and succestiors. A contract rezone cannot be inconsistent with the Comprehensive Plan. 18.04.290 Day-care center, nursery school, preschool. "Day-care center, nursery school, preschool" shall mean any type of group day-care programs, for children or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering after school care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and con- ducted in accordance with state requirements. For the purpose of this Title the following shall also apply to day-care center, nursery schools or preschools: A. Babysitting care: Means a dwelling which provides occasional custodial care to children, for periods of less than twenty-four hours, who do n�t reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation. B. Home based day-care: Means a dwelling which provides regular custodial care of one to six children or adults, including all children under six years of age residing within the dwelling where day-care services are conducted, for periods of less than twenty-four hours. C. Mini day-care center: Means a place which provides regular custodial care for seven to twelve children, including all children under six yedrs of age residing within any home where day-care services are conducted, far periods of less than twenty-four hours. D. Day-care center: Means a place which provides regular custodial care for twelve or more children, for periods of less than twenty-four hours, E. Preschool/nursery schools: Means a place which provides regular custodial care and/or organized learning and educational experiences for six or more children. 18.04-6 18.04.300 ' Density. "Density" means the number of units within a specified area calcWlated by dividing the total number of square feet of the area by the number o�f dwelling units in the area. 18.04.310 Development standards. "Development standards" mean regulations pertaining to setbacks, landscaping, height, site coverage, signs, building layout, site des•ign and related features of land use. 18.04.320 District. "District" shall mean a portion of the territory of the City within which certain uniform regulations and requirements, or various combinations; thereof, apply under the provisions of this Title. 18.04.330 Dwelling. "Dwelling" means a building designed exclusively for residential purposes, including one-family, two-family and multiple family dwellings, but not including hotels or motel units without kitchens. 18.04.340 Dwellings, types of. A. Dwelling, one family. "One family dwelling" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A manufactured home may be considered a one-family dwelling if sited per section 18.48.050. 6. Dwelling, two-family (duplex). "Two-family dwelling or duplex" means a building designed exclusively for occupancy by two families living indepen- dently of each other, and containing two dwelling units. C. Dwelling, multiple family. "Multiple family dwelling" means a building designed exclusively for occupancy by three or more families livi�ng indepen- dently of each other, and containing three or more dwelling units. D. Dwelling, townhouse. "Townhouse dwelling" means a building designed exclu- sively for occupancy by one family and containing one dwelling un�it, occupying space from the ground to the roof and not lying vertica'lly under or over adjacent units, and attached to one or more other dwelling units by common walls. 18.04.350 Dwelling unit. "Owelling unit" means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilit�es for use solely by one family, Al1 rooms comprising a dwelling unit shall havE� access through an interior door to other parts of the dwelling unit. An efficiency apartment constitutes a dwelling unit within the meaning of this Tit1F. 18.04.360 Family. "Family" means a person living alone, or two or more persons custamarily living together as a single housekeeping unit and using common cooking facili- ties, as distinguished from a group occupying a hotel, club, boarding or lodging house. 18.04-7 18.04.370 � Fence. "Fence" means a masonry wall or a barrier composed of posts connpcted by boards, rails, panels, or wire for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining walls. 18.04.380 Floor area. "Floor area" means a total floor area within the walls of all bu�ldings on a lot or building site, except for the spaces therein devoted to vent:s, shafts and light courts and except for the area devoted exclusively to loading and unloading facilities and to parking of motor vehicles. 18.04.390 Foster home. "Foster home" means a home which provides regular care for up to four deve- lopmentally disabled adults, or up to four adults who are recipients of state or federal financial assistance services, or up to four foster children under the age of eighteen, or up to three expectant m�thers in a residential structure of the person or persons under whose direct care and supervision the people are placed. 18.04.400 Garage or carport, residential. "A residential garage or carport" shall mean a building, or a portion of a building principally used for vehicular equipment such as automobiles, b�ats, etc., not more than one thousand (1000) square feet in area, in which only m�tor vehicles used by the tenants of the building or buildings on the premises are stored or kept. 18.04.410 Garage, commercial. "Commercial garage" means any garage not a residential garage, and which is used for storage, repair, rental, servicing or supplying of gasoline c�r oil to motor vehicles. 18.04.420 Grade. "Grade" means the average of the finished ground level at the cent:er of exterior walls of a building. In case walls are within five feet of a public sidewalk, alley or other public way, the grade shall be the el�vation the sidewalk, alley or public way. all of 18.04.430 Gross floor area. "Gross floor area" includes all floor area within the exterior walls of the building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy. 18.04.440 Group residence facility. "Group residence facility" means a facility licensed by the State and operated with full-time supervision for housing resident persons who, by reasons of their mental or physical disability, addiction to drugs or alcohol or family and social adjustment problems, require a transitional non-medical treatment program for rehabilitation and social readjustment. For the purposes �of this 18.04-8 Title, a no�-medical treatment program consists of counseling, vocational guidance, training, group therapy and other similar rehabilitative services but does not include drug and/or alcohol detoxification. Monitoring the taking of prescription medication shall be permitted. The use of inedication b,y any resi- dent shall be incidental to that person's residence in the facility and shall not be a criterion for residence in the facility. Programs providing alter- natives to imprisonment, including pre-release, work-release and probationary programs which are under the supervision of a court, state or local �gency are included in this definition. This definition does not include resid�ntial dwellings which meet all other requirements of this Title, that prov�ide programs related to this definition. 18.04.450 Guest cottage. "Guest cottage" means an accessory, detached dwelling without an� kitchen facilities designed for and used to h�use transient visitors or nonp�ying guests of the occupants of the main building. 18.04.455 Hazardous Material. "Hazardous material" means a substance or materials in a quantity� or form that may pose an unreasonable risk to health, safety or property whe� stored, transported or used in commerce. For specific definitions of hazardaus materials see Code of Federal Regulations, Title 49, as amended; the Uniform Fire Code, as amended; and, the Auburn Fire Department General Hazardous Materials Guidelines, as amended. 18.04.460 Home occupation. "Home occupation" means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling. 18.04.470 Hospital. "Hospital" means an institution specializing in giving clinical, �temporary and emergency services of a medical or surgical nature to human patients and which is licensed by state law to provide facilities and services in yurgery, obstetrics and general medical practice. 18.04.480 Hospital or clinic, small animal. "Small animal hospital or clinic" means an establishment in which veteri- nary medical services, clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, not including kennels. 18.04.490 Hotel. "Hotel" means any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. 18.04.500 Junkyard. "Junkyard" includes automobile wrecking yards and salvage yards or any premises devoted wholly or in part to the storage, buying or selling of, or otherwise handling or dealing in, old rags, sacks, bottles, cans, pape�s, metal, 18.04-9 rubber or o�her articles comnonly known as junk. 18.04.510 Kennel. "Kennel" means a place where four or more adult dogs or cats or any com- bination thereof are kept, whether by owners of the dogs or cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four m��nths. 18.04.520 Landscaping. "Landscaping" means vegetative cover including shrubs, trees, fli�wers, seeded lawn or sod, ivy and other similar plant material. 18.04.530 Lot. "Lot" means a parcel of land. Lot also means a legal lot for bu7lding purposes which shall have of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have access to ari improved public street, or to an approved private street, and may consist of: A. A single lot or record; B. A portion of a lot of record; C. A combination of complete lots of record, and portions of lots of� record, if more than one lot is used for a building site then a lot line adjustment shall be processed to remove the interior lot lines; D. A parcel of land described by metes and bounds provided that in no case shall the division or combination of any residual lot or parcel be created which does not meet the requirements of this code. Lots created by the King County Assessor's Office shall not be considered as building lots or lots that can be further subdivided unless in accordance with this Title and Land Division Ordinance. 18.04.540 Lot area. "Lot area" means the total horizontal area within the boundary li�es of a lot. 18.04.550 Lot coverage. "Lot coverage" means that percentage of the plot or lot area cover•ed by all buildings including accessory buildings and uses, Coverage is determined by measuring from a horizontal plane from the outermost edge of eaves, cnrnices, overhangs, or areas covered by a weather tight roof. 18.04.560 Lot dimensions. A. "Lot depth" shall mean: 1. If the front and rear lines are parallel, the shortest distance between such lines, 2. If the front and rear lines are not parallel, the distance between the midpoint of the front lot line and the midpoint of the rear lot line. B. "Lot width" means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a 18.04-10 point midway between the lot front line and the lot rear line. 18.04.570 Lot lines. "Lot lines" mean the lines bounding the lot. A. Front lot line 1. For an interior lot the front lot line shall be that lot lin� which abuts the street right of way. 2. For a corner lot the front lot line shall be that lot line(s) which abuts a designated arterial. If neither or both is/are a designated arterial, the builder/owner shall at the time of applying for a permit have the option of selecting which lot line shall be the froi�t lot line, the other line lot abutting the intersecting street sh�311 become a street side yard. 3. For a through lot, both lot lines which abut a street right of way shall be considered the front lot line, either of which may be con- sidered a rear lot line for the purposes of calculating the lot width and depth, only. B. Rear lot line: The line opposite, most distant and most parallel with the front lot line. For a triangular or goreshaped lot, a line ten (10) feet in lengt:h within the lot and farthest rem�ved from the front lot line and at right, angles to the line comprising the depth of the lot shall be used as the re�r lot line. C. Side lot line: All lot lines which do not qualify as a rear or front lot line. 18.04.580 Lot of record. "Lot of record" means a lot which is recorded in the offices of King County and in conformance with this Title and the Land Division Ordinance. 18.04.590 Lot types, A. "C�rner lot" means a lot situated at the intersection of two or m�re streets. B. "Interior lot" means a lot that is neither a corner or through lot. C. "Through lot" means a lot other than a corner lot, which abuts two streets. 18.04.600 Manufactured home. "Manufactured home" means a structure, transportable in one or mor•e sections from its manufacturer, retailer, or wholesaler, to its destination. A manufac- tured home is designed primarily for residential occupancy by human beings and the term includes mobile home or modular home. 18.04.610 Manufactured home park. "Manufactured home park" shall mean an area of not less than five (5) acres designed to accommodate manufactured homes. 18.04.620 Medical-dental clinic. "Medical-dental clinic" means an patients, and providing no overnight establishment for treatment of out- care for patients. 18.04-11 18.04.630 � Mobile home. "Mobile home" shall mean a factory constructed residential unit with its own independent sanitary facilities, that is intended for year round occupancy, and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or struc�ure and towed by an attachment to that frame or structure over the public hiyhway under license or by special permit. 18.04.640 Motel. "Motel" or "motor hotel" shall mean dual sleeping or living units, designed sients, with garage attached or parking a group of buildings contain�ng indivi- for use by automobile tourist; or tran- space conveniently located tci each unit. 18.04.650 Nonconforming use. "Nonconforming use" shall mean a use which, when commenced, complied with use regulations applicable at the time when such use was commenced, a,nd which does not conform to the existing use regulations of the district where the use is now being conducted or carried on. The term "nonconforming use" shall be applicable to use of buildings, structures, and land. This definition does not include those uses existing in the zone, prior to the adoption of this Title, which would now require an administrative or conditional use permit to operate in the zone. Any expansion of the space, volume or area of the use would then require an administrative or conditional use permit as this Title may require. 18.04.660 Nursing home. "Nursing home," "rest home," "convalescent home," "guest home" and "home for the aged" means a home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, the operator of which is licensed by the state or county to give special care and cure to his �r her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, and in which homes are performed no surgery, maternity or any other primary treatments such as customaril_yr provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital. 18.04.670 Occupancy. "Occupancy" means the purpose for which a building is used or intPnded to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or pr�oprietors. 18.04.672 Outdoor sales. "Outdoor sales" means an open area used for the display, sale, or rental of goods and/or materials that are actively marketed and readily available for general public consumption. This does not include storage areas of materials that are sold elsewhere on the premises or junkyards as defined by Section 18.04.500." 18.04.676 Outdoor storage. "Outdoor storage" means the keeping of materials, supplies, equipment, 18.04-12 machinery and vehi•cles which are not currently licensed or capable to operate on public streets or highways, in an open, uncovered yard or nonwalled buildings. This definition includes junkyards as defined by Section 18.04.500, but excludes outdoor sales as defined by Section 18.04.672. 18.04.680 Parking area. "Parking area" shall include the parking space together with driveways and the access to a public street. 18.04.690 Parking space or stall. A"parking space" is any off-street space intended for the use of vehicular parking with ingress or egress to the space which is easily identifiable. 18.04.700 Person. "Person" means natural person, joint venture, joint stock company, part- nership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. 18.04.710 Personal service shop. "Personal service shop" shall mean premises devoted to hair styling, cutting or permanents, manicurists, custom tailoring, and similar related uses. 18.04.720 Pets, common household. "Common household pets" shall mean a domesticated animal of ordinary spe- cies that lives, is comnonly known to be capable of living, within the confines of a residence. Animals not considered to be common household pets include but are not necessarily limited to the following: horses, cows, goats, sheep, swine, donkeys, and any endangered or exotic species. 18.04.730 Planning commission. "Planning commission" means that body created by Chapter 2.45 of the Auburn City Code. 18.04.740 Planning director. "Planning director" means the person designated by the Mayor as the direc- tor of the City of Auburn Department of Planning Community Development or his designee. 18.04.750 Professional offices. "Professional offices" means offices maintained and used as places of busi- ness conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accoun- tants, clerical, and other recognized general office and medical occupations. 18.04.760 Public use. "Public use" shall mean a use operated exclusively by a public body, such 18.04-13 use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and a�ministra- tive and service facilities, 18.04.770 Quasi-public use. "Quasi-public use" shall mean a use operated by a private nonprofit educa- tional, religious, recreational, charitable, or medical institution having the purpose primarily of serving the general public, and including uses such as churches, private schools, and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like. 18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper. "Recreational vehicle," "camping trailer," "travel trailer," "mot.or home" and truck camper mean vehicular-type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motive power, being of such size or weight as not to require a special highM�ay movement permit. 18.04.790 Recreational vehicle park. "Recreational vehicle park" means a parcel of land designed and improved to accomnodate two or more recreational vehicles on a temporary basis. Spaces are typically rented for overnight use, not to exceed one hundred and twenty days. 18.04.800 Residence. "Residence" means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term "residence" inclu- des the term "residential" as referring to the type of, or intended use of a building or a structure. 18.04.810 Shopping center. "Shopping center" means a series of provide retail, business, entertainment parking facilities and contain in excess area. unified commercial establishments which or professional services, share the same of 100,000 square feet of grc�ss floor 18.04.820 Sign. "Sign" means any visual communication device, structure, or fixture which is visible from any right of way intended to aid the business establish- ment in question in promoting the sale of a product, goods or service using graphics symbols or written copy. It shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. 18.04.830 Specified anatomical areas. "Specified anatomical areas" means: A. Less than completely and opaquely covered human genitals, pubic region, but- tock, and female breast below a point imnediately above the top of the 18.04-14 areola; `and B. Human male genitals opaquely covered. in a discernible turgid state, even if completely and 18.04.840 Specified sexual activities. "Specified sexual activities" means: A. Human genitals in a state of sexual stimulation or arousal; B. Acts of human masturbation, sexual intercourse or sodomy; C. Fondling or other erotic touching of human genitals, pubic or female breast. regio��, buttock 18.04.850 Spot zoning. "Spot zoning" means zoning a relatively small area differently fr•om the zoning of the surrounding area, usually for an incompatible use not r.onsistent with the Comprehensive Plan. 18.04.860 Story. "Story" shall mean that portion of a building, included between t;he surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above� it. If the finished floor level directly above a usable or unused under-floar space is more than than six (6) feet above grade as defined herein for more that fifty (50) percent of the total perimeter or is more that twelve (12) feet above grade as defined herein at any point, such usable or unused under floor space shall be considered as a story. 18.04.870 Street, private. "Private street" means any easement, tract or street which is not a public street. For the purposes of this Title a private street will be considered as being public streets for determining setback provisions, only. Drive�ways which are not part of an easement, tract or street shall not be considered �a street. 18.04.880 Street, public. "Public street" means a street whether improved or unimproved, he'ld in public ownership and intended to be open as a matter of right to publ�ic vehicu- lar travel. 18.04.890 Structure. "Structure" is that which is built or constructed, an edifice or t�uilding of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except benches, statuary, planter baxes less than forty-two inches in height, and fences seventy-two inches or under in height, or paved areas. 18.04.900 Use. "Use" shall mean an activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. 18.04-15 18.04.910 `' Variance. "Variance" means an adjustment in the application of the specific regula- tio�s of this Title to a particular piece of property. 18.04.920 Yard. "Yard" means an open space, other than a court on a lot, unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this Title. When applicable, yards shall be measured from the street right of way whether improved or not. 18.04.930 Yard, front, "Front yard" shall mean an open space extending the full width of the lot, between a building and the front lot line, unoccupied and unobstructNd from the ground upward except as specified elsewhere in this Title. 18.04.940 Yard, rear. "Rear yard" shall mean an open space on the same line with the building between the rear line of the building and the rear line of the lot including the full width of the lot to its side lines. 18.04.950 Yard, side. "Side yard" shall mean an open space on the same lot with the building bet- ween the side wall line of the building and the side line of the lot and extending from front yard to rear yard. No portion of a structure s�all project into any side yard unless permitted elsewhere in this Title. 18.04.960 Zone. "Zone" means an area accurately defined as to boundaries and location on an official map and within such area only certain types of land uses are permitted, and other types of land uses are excluded, as set forth in this Title. 18.04-16 Sections: 18.06.010 18.06.020 18.06.030 Chapter 18.06 DISTRICTS AND MAP Districts designated. Zoning map. District boundary interpretation. 18.06.010 Districts designated. A. The City is divided into the following classes of districts: 1. R-R, rural residential district (4 acres per lot): 2. R-S, one-family residential district (thirty-five thousand per 1 ot ) ; 3. R-1, one-family residential district (eight thousand square lot); 4 R-2 one-f '1 s�uare feet feet per , ami y res�dent�al district (six thousand square fept per lot); 5. R-3, one and two-family residential district; 6. R-4, multiple-family residential district; 7. R-MHP, manufactured home park district; 8. R-0, residential office district and RO-H, residential officE� - hospital district; 9. C-N, neighborhood shopping district; 10. C-1, light commercial district; 11. C-2, central business district; 12. C-3, heavy commercial district; 13. M-1, light industrial district; 14. M-2, heavy industrial district; 15. BP, business park district; 16. LF, airport landing field district; 17. P-1, public use district; 18. UNC, unclassified use district; 19. I, institutional use district; B. The districts set out in subsection A are established as the designations, locations, and boundaries thereof as set forth and indicated on the zoning map. 18.06.020 Zoning map. "Zoning map," as herein used, is that certain map, three copies of which are on file in the office of the City Clerk, labeled "Comprehensive Zuning Map of the City of Auburn, Washington," dated June 1, 1987, and adopted b�y City Ordinance No. 4230 and signed by the Mayor and City Clerk, along with all amend- ments thereto. Two types of amendments to the zoning map may occur. The map may be either amended on an area wide basis initiated by the Planning Commission or a specific parcel amended by the rezone process as outlined in Chapter 18.68. Current copies of the zoning map are available for examination and/or purchase in the office of the City Planning Director. The zoning map is adopted and made a part of the Comprehensive Zoning Ordinance, with the most current amended copy as being the official zoning map. 18.06-1 18.06.030 � District boundary interpretation. Where uncertainty exists as to the boundaries of districts as sh�wn on the official zoning map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be constructed to follow such lines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. C. Boundaries indicated as approximately following City limits sha11 be construed as following City limits. D. Boundaries indicated as following railroad lines shall be constri�ed as to be midway between the main tracks. E. Boundaries indicated as parallel to or extensions of features indicated in subsections A through D above shall be so construed. Distances not specifi- cally indicated on the Official Zoning Map shall be determined b� the scale of the map. F. Where physical or cultural features existing on the ground are at: a variance with those shown on the Official Zoning Map, or in other circumst;ances not covered by subsections A through E above, the Planning Director s;hall interpret the district boundaries. G. When the City vacates a street or alley, the zone districts alonq either side shall be extended to the centerline of the vacated street or� alley. 18.06-2 Sections: 18.08.010 18.08.020 18.08.030 18.08.040 CHAPTER 18.08 R-R RURAL RESIDENTIAL OISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. 18.08.010 Intent. The R-R rural residential zone is intended primarily to provide for single family residential uses with characteristics of a rural or agricultural environment provided that the agricultural uses are secondary to the single family uses. This zone is intended to represent a long term commitment to rural uses and it is further intended for the R-R zone to protect areas with significant environmental constraints or values from urban levels of develo - ment. Public improvements (i.e. the R-R zone will be less than zones within the City. P sewer, water, streets, etc.) required within is normally required for the other residential This zone shall only be applied in areas designated as rural on t�e Compre- hensive Plan. 18.08.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall onl_� be used for the following, unless otherwise provided for in this Title: A. One detached single family dwelling, not to exceed one dwelling on any lot, together with accessory uses to include residential garage, guest cottage, recreation room, tool shed, or swimming pool; B. The following agricultural type uses are permitted provided they �re inci- dental and secondary to the single family use: 1. Agricultural crops and open field growing; 2. Barns, silos and related structures; 3. Greenhouses; 4. Livestock, fowl and rabbits may be kept by the resident on ses; prqvided there shall not be more than one (1) horse, or other large animal, or, four (4) small animals such as or swine, or twelve (12) poultry, rabbits or similar size each acre of enclosed usable pasture or roaming area; 5. Pasturing and grazing; 6. Public and private stables; 7. Roadside stands, for the sale of agricultural products premises. The stand cannot exceed three hundred (300) area and must meet the applicable setback requirements; C. Home based day-care; D. Watersheds. the premi- cow, donkey sheep, goats animals per raised on the square feet in 18.08.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been 18.08-1 issued pursu�nt to'the provisions of Chapter 18.64: A. Fish hatcheries; B. Corrmercial horse riding and bridle trails; C. Living quarters for employees, which are not accessory structures; D. Transmitting towers; E. Utility substations; F. Neighborhood recreational buildings and facilities owned and managed by the neighborhood homeowner's association. 18.08.040 Development standards. A. Minimum lot area: four (4) acres. 6. Minimum lot width: one hundred twenty-five (125) feet. C. Minimum lot depth: one hundred fifty (150) feet. D. Maximum lot coverage: thirty-five (35X) percent. E. Minimum yard setbacks: 1. Front: thirty-five (35) feet; 2. Side, interior: ten (10) feet; 3. Side, street: thirty-five (35) feet; 4. Rear: thirty-five (35) feet; 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard set back may be reduced to fif- teen (15) feet provided that any structure with a vehicular entrance from a street (public or private) shall be set back a minimum of twenty (20) feet; 6. Any barn, stable, coop or similar structure for the enclosure of ani- mals shall be constructed no closer than seventy-five (75) feet from any property line; 7. Any corral, exercise yard, or arena shall maintain a distanc:e of thirty-five (35) feet from any property line. This exclude�� pasture area. F. Maximum building height: two and one/half (2 u2) stories not to E�xceed thirty-five (35) feet, except that barns and other specialized st:ructures used for agricultural purposes may exceed the height limits. G. Fences and Hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Signs: see Chapter 18.56. 18.08-2 Sections: 18.10.010 18.10.020 18.10.030 18.10.040 Chapter 18.10 R-S SINGLE-FAMILY RESIDENTIAL DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. 18.10.010 Intent. The intent of the R-S residential district is to provide type residential development on large lots. This zone would in the areas particularly suited for such development. Appropriate development standards required of other urban required to serve this zone. areas fc�r estate- normally be located areas shall be 18.10.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. One detached single-family dwelling, not to exceed one dwelling on any lot; B. Accessory uses to include residential garage, guest cottage, recreation room, tool shed, noncommercial greenhouse, swimming pool, private stable, barn, pen, coop or similar structure; C. Keeping of not more than four (4) household pets, which can be kept in the home. This limit shall not include birds, fish or suckling young of pets which at all times are kept inside a fully enclosed building; D. Keeping of livestock (excluding goats and swine), fowl and rabbit�� provided that there shall not be more than (1) horse, cow, donkey or other large ani- mal, or, four (4) small animals such as sheep, or twelve (12) pou'Itry, rab- bits, or similar siie animals per each acre of enclosed usable pasture or roaming area. This acreage requirement is in addition to the minimum lot size requirements of this zone; A shelter shall also be provided for the livestock and the shelter• shall be constructed no closer than seventy-five (75) feet from any side lc►t line of adjoining lots and it shall be one hundred (100) feet from any put�lic street or alley; E. Municipal parks and playgrounds; F. Home based day-care. 18.10.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Day-care; limited to a mini day-care center. Day-care center, preschool or nursery schools may also be permitted but must be located on an arterial. B. Governmental facilities; C. Private country clubs and golf courses, except driving ranges; D. Religious institutions; E. Utility substations; F. Comnercial horse riding and bridle trails; 18.10-1 G. Neighbo"rhood recreational buildings and facilities owned and man�aged by the neighborhood homeowner's association. 18.10.040 Development standards. A. Minimum lot area: 35,000 square feet. B. Minimum lot width: one hundred twenty-five (125) C. Minimum lot depth: one hundred fifty (150) feet. D. Maximum lot coverage: thirty-five (35) percent. E. Minimum yard setbacks: 1. Front: thirty-five (35) feet; 2. Side, interior: ten (10) feet; 3. Side, street: twenty (20) feet; 4. Rear: thirty-five (35) feet; 5. Accessory structures shall meet all the required with the exception that the rear yard setback may teen (15) feet, provided that any structure with from a street (public or private) or public alley minimum of twenty (20) feet. F M feet. setbacks o�f the zone be reduced to fif- a vehicular entrance shall be ��et back a . aximum building height: two and one-half (2 u2) stories not to �exceed thirty-five (35) feet. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. 18.10-2 Sections: 18.12.010 18.12.020 18.12.030 18.12.040 Chapter 18.12 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. 18.12.010 Intent. The R-1 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density. This district will provide for the development of single-family detached �wellings, not more than one such dwelling on each lot, and for such accessory uses as are related, incidental and not detrimental to the residential environment. 18.12.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall on1y be used for the following, unless otherwise provided for in this Title: A. One detached single-family dwelling, not to exceed one dwelling on any lot; B. Accessory uses to include residential garage, guest cottage, recr�eation room, tool shed, noncommercial greenhouse and swimming pool; C. Keeping of not more than four (4) household pets, which can be k�pt in the home. This limit shall not include birds, fish or suckling young of pets; D. Municipal parks, playgrounds; E. Home based day-care. 18.12.030 Uses requiring permit. The following uses may be permitted when a conditional use permit. has been issued pursuant to the provisions of Chapter 18.64: A. Day-care limited to a mini day-care center. Day-care center, preschool or nursery schools may also be permitted but must be located on an arterial. B. Government facilities; C. Private country clubs and golf courses, excluding driving ranges; D. Religious institutions; E. Utility substations; F. Neighborhood recreational buildings and facilities owned and managed by the neighborhood homeowner's association. 18.12.040 Development standards. A. Minimum lot area: eight thousand (8,000) square feet. B. Minimum lot width: seventy-five (75) feet. 1. Reduced lot width provisions: A maximum of twenty (20) percent of the lots within a plat of fifty (50) lots or more may reduce the lot width to sixty (60) feet. This reduction shall only be approved simultaneously with a preliminary plat. This provision may only be used when it is necessary to accom- 18.12-1 modate a proper lot or street layout due to physical constraints of the subdivision. The narrower lots shall be dispersed throughout the subdivision and shall not be clustered in one area. C. Minimum lot depth: one hundred (100) feet. D. Maximum lot coverage: thirty-five (35) percent. E. Minimum yard setbacks: 1. Front: twenty-five (25) feet; 2. Side, interior: for lots 75 feet or wider one side shall be five (5) and the other ten (10) feet, for lots less than 75 feet wide, each side may be five (5) feet; 3. Side, street: ten (10) feet; 4. Rear: twenty-five (25) feet; 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to ten (10) feet, provided that any structure with a vehicular entrance from a street (public or private) or public alley shall be set bacE; a minimum of twenty (20) feet. F. Maximum building height: 1. Main buildings: two and one-half (2 u2) stories, not to exceed thirty (30) feet; 2. Accessory buildings: one (1) story, not to exceed sixteen (16) feet. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. 18.12-2 Sections: 18.14.010 18.14.020 18.14.030 18.14.040 CHAPTER 18.14 R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT Intent. Permitted uses. Uses requiring permit, Development standards. 18.14.010 Intent. The R-2 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density. This district will provide for the development of single-family detached dwellings, not more than one such dwelling on each lot, and for such accessory uses as are related, incidental and not detrimental to the residential environme�t. Multiple family dwellings may be permitted as conditional uses only t,o the extent such uses conform to guidelines of the Comprehensive Plan. 18.14.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. One detached single family dwelling, not to exceed one dwelling on any lot; B. Accessory uses to include residential garage, guest cottage, recreation room, tool shed, noncommercial greenhouse, and swimming pools; C. Keeping of not more than four (4) household pets, this limit shall not include birds, fish or suckling young of pets; D. Municipal parks and playgrounds; E. Renting of rooms, for lodging purposes only, to accommodate not more than two persons in addition to the immediate family; F. Home based day-care. 18.14.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.b4: A. Boardinghouses (with three or more boarders); B. Day-care limited to a mini day-care center. Day-care center, preschool or nursery schools may also be permitted but must be located on an arterial; C. Duplexes, provided 6000 square feet of lot area is provided for each dwelling unit; D. Foster care homes; E. Government facilities; F. Multiple family dwellings, provided that 6,000 square feet of lot area is provided for each dwelling unit, and is limited to no more than four (4) dwelling units per structure. For developments of ten (10) dwelling units or more, no more than 40X of the development may be devoted to multiple family dwellings. The number of multiple dwellings may be further reduced, or not allowed at all, if it is determined there is already a concentration of multiple family dwellings in the area; 18.14-1 G. Museums;' � H. Professional offices; I. Nursing homes; J. Religious institutions; K. Utility substations; L. Neighborhood recreational neighborhood homeowner's buildings and facilities owned and managed by the association. 18.14.040 Development standards. A. Minimum lot area: six thousand (6,000) square feet. B. Minimum lot area per dwelling unit: six thousand (6,000) square feet. C. Minimum lot width• s�xty (60) feet. D. Minimum lot depth: eighty (80) feet. E. Maximum lot coverage: thirty-five (35) percent. F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: five (5) feet; 3. Side, street: ten (10) feet; 4. Rear: twenty-five (25) feet; 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet, provided that any structure with a vehicular entra�ce from a street (public or private) or public alley shall be set back a minimum of twenty (20) feet. G. Maximum building height: 1. Main building: two and one-half (2 u2) stories not to exceed thirty feet; 2. Accessory buildings: one (1) story not to exceed sixteen (lh) feet. N. Fences and hedges: see Chapter 18.48. I. Parking: see Chapter 18.52. J. Landscaping: see Chapter 18.50. K. Signs: see Chapter 18.56. 18.14-2 18.34.030 � Uses requiring administrative permits. The following uses and activities may be permitted by means of a�n admi- nistrative permit, issued in accord with Section 18.64.020 (B), if t.he develop- ment plan of such use is found by the Planning Director to be consistent with the purpose of the zone and the related policies of the Comprehensive Plan: A, Auction houses, excluding animals; 6. Automobile service station; C. Automobile service and repair; D. Automobile washes; E. Banks and financial institutions; F. Convenience grocery stores; G. Delicatessens; H. Equipment rental and leasing; I. Health and physical fitness clubs; J. Mini storage warehouses; K. Personal service shops; L. Professional offices including corporate M. Reupholstery and furniture repair; N. Restaurants; 0. Retail stores and shops which include the 1. Bottled gas, 2. Computers, 3. Farm and garden supplies, 4. Hardware and equipment, 5. Lumber and building materials, 6. Office supplies; P. Small appliance repair; Q. Secretarial services. headquarters; sale of the following products: 18.34.040 Uses requiring a conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisi�ns of Chapter 18.64: A. Animal auction houses; B. Automobile sales new and/or used to include passenger trucks and recreational vehicles; C. Automobile wrecking and salvage; D. Animal and food processing including the following: 1. Tanning and dressing of hides, 2. Rendering of animal or fish grease or tallow, 3. Animal slaughtering, 4. Curing, canning, freezing, canning and processing of ineat anci seafood, 5. Pickling and brine curing; E. Asphalt batch plants; F. Bulk storage or processing of oil, gas, petroleum, butane, li uid gas and similar products, unless clearly incidental and secondary totsupport a principally permitted use; G. Bulk storage of explosives and fireworks; H. Concrete mixing and batching plants, including ready-mix concrete facili- ties; I. Drive-in theaters; J. Government facilities; K. Heavy metal processing, including blast furnaces, drop forges, and similar heavy metal operations; L. Heliports; 18.34-3 M. Manufacture of: 1. Arrmuniti�n and explosives, 2. Paving and roofing materials or other products from petroleum derivatives; N. 0. P. Q• R. S. Motels; Processing or pulping of wood or other fibers; Radio and television transmitting towers; Rock crushing plants; Refining of materials such as petroleum, metals and ores, fats and oils; Salvage yards for the storage of inetals, paper, glass, rags, building materials, and similar activities; T. Taverns; U. Utility substations, unless clearly incidental and part of a perm�itted use. Then the substation shall be permitted outright; V. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of floor space. 18.34.050 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: sixty-five (65%) percent. E. Maximum building height: forty-five (45) feet. For exceed forty-five (45) feet, one additional foot of vided for each foot the structure exceeds forty-five F. Minimum yard setbacks: 1. Front: thirty (30) feet. 2. Side, interior: none required. 3. Side, street: thirty (30) feet. 4. Rear: none required. those structures that setback shall be pro- (45) feet. An additional thirty (30) feet of setback shall be required for any and each yard that abuts, adjoins, or is separated by a street, less than fifty (50) feet in width, any residentially zoned property. This additional setback requirement also applies to residentially zoned property that is unincor- porated County land. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. K. Performance standards: see Chapter 18.58. 18.34-4 Sections: 18.16.010 18.16.020 18.16.030 18.16.040 Chapter 18.16 R-3 TWO-FAMILY (DUPLEX) RESIDENTIAL DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. 18.16.010 Intent. The R-3 duplex residential zones are intended to permit a limited increase in population density in those areas to which this classification ap��lies by permitting two dwelling units on a minimum-size lot while at the sam�� time, by means of the standards and requirements set f�rth in this chapter, m+3intaining a desirable family living environment by establishing minimum lot areas, yards and open spaces. A related consideration is to provide a transition between single family areas and other intensive designations or activities which reduce the suitability for single family uses. 18.16.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall on'ly be used for the following, unless otherwise provided for in this Title: A. One duplex (two family dwelling) not to exceed one duplex per loi:; B. One detached single family dwelling, not to exceed one single family dwelling per lot. If only a single family dwelling exists on a'lot on the effective date of this Title codified herein, an additional dwellling unit may be attached to and made a part of the existing building„ provided all requirements of this Title are met; C. Accessory uses to include residential garage, guest cottage, recr�eation room, tool shed, non-commercial greenhouse, and swimming pool; D. Keeping of not more than four (4) household pets. This limit include birds, fish, or suckling young of pets; E. Municipal parks and playgrounds; F. Renting of rooms for lodging purposes only, to accommodate not two persons in addition to the immediate family; G. Home based day-care. shall not mc�re than 18.16.030 Uses requiring permit, The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Boardinghouses; B. Day-care, limited to mini day-care center, day-care center and preschool/nursery schools; C. Duplexes, more than 1 per lot; D. Foster care homes; E. Government facilities; F. Group residence facilities; 18.16-1 G. Multiple' family dwellings, provided for each dwelling per structure; H. Museums; I. Nursing homes; J. Professional offices; K. Religious institutions; L. Utility substations. provided that 3,600 square feet of lot area is unit, and is limited to four (4) dwelling units 18.16.040 Development standards. A. Minimum lot area for single family dwellings: five thousand (5,000) square feet. B. Minimum lot area for two family dwellings (duplexes): hundred (7,200) square feet, Existing platted lots of feet in area may be allowed to construct a duplex. C. Minimum lot area per dwelling unit: thirty-six hundred D. Minimum lot width: sixty (60) feet. E. Minimum lot depth: eighty (80) feet. F. Maximum lot coverage: forty (40) percent. G. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: five (5) feet; 3. Side, street: ten (10) feet; 4. Rear: twenty-five (25) feet; seven thousand two 7,000 to 7,200 square (3,600) square feet. 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet, provided that any structure with a vehicular entrance from a street (public or private) or public alley shall be set back a minimum of twenty (20) feet. H. Maximum building height: 1. Main Buildings: two and one-half (2 u2) stories not to exceed thirty (30) feet; 2. Accessory Buildings: one (1) story not to exceed sixteen (16) feet. I. Fences and hedges: see Chapter 18.48. J. Parking: see Chapter 18.52. K. Landscaping: see Chapter 18.50. L. Signs: see Chapter 18.56. 18.16-2 Sections: 18.18.010 18.18.020 18.18.030 18.18.040 18.18.050 Chapter 18.18 R-4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. Supplemental development standards. 18.18.010 Intent. This district is intended to provide for multiple-family residential deve- lopment and is further intended as a residential district of single, duplex and multiple-family residences, except as specifically provided elsewhere in this chapter. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. 18.18.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. One detached single family dwelling not to exceed one single family dwelling per lot; B. Duplexes, 3600 square feet of lot area per dwelling unit is required; C. Multiple family dwellings; D. Accessory uses to include residential garage, guest cottage, room, tool shed, noncommercial greenhouse, and swimning pool; E. Keeping of not more than four (4) household pets. This limit include birds, fish, or the suckling young of pets; F. Municipal parks and playgrounds; G. Home based day-care. recreation shall not 18.18.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Civic, social and fraternal clubs; B. Day-care limited to mini day-care, day-care center, preschools or nursery schools; C. Foster care homes; D. Government facilities; E. Group residence facilities; F. Hospitals (except animals); G. Nursing homes; H. Professional offices; I. Religious institutions; J. Utility substations. 18.18-1 18.18.040 ' Development standards. A. Minimum lot area: seven thousand two hundred (7,200) square feet:. 6. Minimum lot area per dwelling unit: two thousand four hundred (i'.400) square feet, C. Minimum lot width: fifty (50) feet. D. Minimum lot depth: eighty (80) feet. E. Maximum lot coverage: fifty-five (55) percent. F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: five (5) feet; 3. Side, street: ten (10) feet; 4. Rear: twenty-five (25) feet; 5. Accessory structures shall meet all the required setbacks oi� the zone with the exception that the rear yard setback may be reducecl to five (5) feet, provided that any structure with a vehicular entre�nce from a street (public or private) or public alley shall be set back: a minimum of twenty (20) feet. G. Maximum building height: two and one-half (21/2) stories not to E�xceed thirty (30) feet. H. Fences and hedges: see Chapter 18.48. I. Parking: see Chapter 18.52 J. Landscaping: see Chapter 18.50. K. Signs: see Chapter 18.56. 18.18.050 Supplemental development standards. A. Multiple family dwellings that are adjacent to any property line of an RR, RS, R1 or R2 zone shall either setback fifty (50) feet from the adjoining property line or limit the number of units per structure to three (3) or four (4), in such case the minimum setback may be thirty (30) feet. B. Parking areas shall be setback a minimum of thirty (30) feet from� any adjoining RR, RS, R1, or R2 property line. 18.18-2 Sections: 18.20.010 18.20.020 18.20.030 18.20.040 18.20.050 18.20.060 Chapter 18.20 R-MNP RESIDENTIAL MANUFACTURED HOME PARK DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. Supplemental development standards. Rezone application submittal requirements. 18.20.010 Intent. The intent of the manufactured home park district is to provide a residen- tial zone of one-family manufactured homes exclusively within a planned park. It is further intended that the R-MHP zone shall only be prescribed in those areas that are bordered on, contain physical features, or shall be planned and designed as part of a larger development incorporating other housing types in a manner which limits further expansion into adjacent areas. 18.20.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Manufactured home parks which are constructed for the placement of individual residential manufactured homes within the approved park boundaries and sub- ject to the standards as set forth in this chapter; B. Accessory uses to include residential garage, portable storage cabinets, porches and non-commercial greenhouses; C. Recreation facilities, clubhouse, park office, and utility rooms to serve the residents of the park only; D. Home based day-care. 18.20.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Day-care, limited to mini day-care center, day-care center, preschool/nur- sery school. 18.20.040 Development standards. A. Minimum site area to be developed as a park: five (5) acres. B. Maximum density per unit: fifty-two hundred (5,200) square feet. C. Minimum yard setbacks: 1. Front: a. Park street: eight (8) feet, b. Public or other private street: twenty (20) feet; 2. Side: a. Interior: ten (10) feet between any mobile home or accessory structures, b. Park street: five (5) feet, 18.20-1 c. Public or other private street: ten (10) feet; 3. Rear; a. Public or other private street: twenty (20) feet, b. Park street: eight (8)feet, c. A minimum of ten (10) feet between any home or accessory structure; 4. Supplemental yard setbacks: a. For manufactured homes that abut another zoning district the set- backs shall be the same as provided for in the adjoining zone. In no case shall the setbacks be less than as prescribed in 18.20.040 (C). b. There shall be a minimum of ten (10) feet between any tw�o manufactured homes, between any manufactured home and accessory building on adjoining spaces, and between any other acce�ssory buildings on adjoining spaces. D. Maximum building height: 1. Main building: two and one half (2 u2) stories not to exceecl thirty (30) feet; 2. Accessory buildings: one story not to exceed sixteen (16) f'eet. E. Fences and hedges: A six (6) foot high screened fence shall be c:onstructed around the perimeter of the park. For those park boundaries that, abut a public street the fence shall setback twenty (20) feet and the 20� foot set- back area landscaped with Type III landscaping. F. Parking: see Chapter 18.52. G. Landscaping: see Chapter 18.50. H. Signs: see Chapter 18.56. 18.20.050 Supplemental development standards. A. Recreational vehicle storage area: A fenced and screened storage area shall be provided the size of which shall be 300 square feet of area for each ten (10) homes. The st.orage area shall not abut property other than which is zoned R-MHP. B. Recreation area: A central recreation area shall be established in each park created pursuant to the provisions of this chapter. The size of the area shall be at least two hundred (200) square feet per home site. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities. The Director of Planning may permit decentraliza- tion of the recreation facilities in accordance with principles of good planning, provided that the total recreation area meets the above stated minimum size. C. Space identification: Each manufactured home site shall be plainly marked and numbered for identification. D. Park office: Every park shall provide a permanent building to be used as an office for park management. E. Streets: Park streets shall be provided in such a pattern as to provide convenient traffic circulation, including fire and other equipment responding to emergencies, within the park. They shall be built to the following standards: 1. The width of all park private streets shall be not less than thirty- four (34) feet including curbs. Street widths of twenty-four (24) feet may be permitted in parks provided that adequate off-street parking is 18.20-2 provided at the ratio of one off-street parking space for each manufac- tured home site within the park. The location and placement of the off-street parking spaces will be subject to approval by the Director of Planning. No on-street parking will be permitted on street widths of less than thirty-four (34) feet and signs designating "no parking" and "fire lane" must be placed on both sides of the street and so marked on the final plans. 2. All public streets within or abutting a park shall be improved to City specifications. 3. There shall be type "A", "D" or rolled cement concrete curb and gutter constructed to City standard specifications, installed on each side of all private streets. 4. The park streets shall be paved in accordance with the standards established by the Director of Public Works. 5. Park streets shall be lighted in accordance with the standards established by the Director of Public Works. 6. Minimum radii on park street curves shall not be less than forty-five (45) feet. 7. On all public streets abutting or within a park, sidewalks shall be installed in conformance with City specifications. F. Access: Each park shall have direct access to a maintained public street. Each park shall have at least one (1) main access and one (1) emergency access. The City may require more accesses depending upon the the size of the park or other factors that would require the need for additional accesses. 18.20.060 Rezone application submittal requirements. A. Any person who wishes to rezone a parcel of property to R-MHP must identify on the application how the proposed rezone meets the intent of the R-MHP zone. B. A site plan, drawn to scale, shall be submitted with the rezone a.pplication and shall illustrate the following: 1. Vicinity map; 2. Acreage of parcel; 3. Number of homes; 4. Location of spaces/pads; 5. Park street layout; 6. Main access; 7. Emergency access; 8. Adjacent public streets; 9. Typical park street cross section; 10. Easements, existing and proposed; 11. Location and size of all utilities; 12. Recreational vehicle storage area; 13. Recreation area; 14. Office location; 15. Fence detail; 16. Landscape plan; 17. Typical space/pad showing slab, parking area, setbacks, loca�tion of home and any accessory buildings. C. The site plan shall be properly dimensioned and drawn at a scale not less than 1 inch equals forty (40) feet and on a sheet size of 24 inch�es by 36 inches, more sheets may be allowed if necessary. A reproducible mylar and 18.20-3 seven (7) copies of the site plan shall be submitted at time of ��pplication. D. For those parcels of land that may already have been zoned R-MHP but do not have an approved site plan, a site plan shall be prepared in acc��rdance with 18.20.060 (B,C) and approved by the Planning Director, prior to �construction permits being issued. The decision of the Planning Director sha11 be final unless within twenty (20) days, from the date of the decision, tl�e applicant appeals the decision to the Hearing Examiner pursuant to the pro�visions of Section 18.70.050. 18.20-4 CHAPTER 18.22 RO RESIDENTIAL OFFICE AND RO-N RESIDENTIAL OFFICE-HOSPITAL DISTRICT Sections: 18.22.010 18.22.020 18.22.030 18.22.040 18.22.050 18.22.060 Intent. Permitted uses. Uses requiring permit. Development standards for RO designation. Development standards for RO-H designation. Supplemental development standards for both designation. the RO and RO-H 18.22.010 Intent. The RO and RO-H zone is intended primarily to accommodate business and pro- fessional offices, medical and dental clinics, banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in tran- sition from residential to comnercial uses along arterials or near the hospital. The RO-H designation is to be used exclusively for the hospital a.rea, located in the vicinity of 2nd Street N.E. and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with t.he medical community. 18.22.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Permitted uses in RO designation: 1. Art and photography studios, including accessory sales; 2. Banks and similar financial institutions, excluding drive-in� facili- ties; 3. Computer sales, including service that is incidental and suC�ordinate to the sales; 4. Duplexes, 3600 square feet of lot area per dwelling unit is required; 5. Home-based daycare; 6. Multiple family dwellings, provided that 2400 square feet of lot area is provided for each dwelling unit; 7. Professional offices, B. Permitted uses in RO-H designation: 1. Day-care limited to home based or a mini day-care center; 2. Funeral homes; 3. Hospitals (excluding animal); 4. Medical and dental clinics; 5. Nursing homes; 6. Personal service shops; 7. Pharmacies; 8. Professional offices; 9. Religious institutions. 18.22-1 18.22.030 ' Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Conditionally permitted uses in the RO designation: 1. Civic, social and fraternal clubs; 2. Day-care limited to mini day-care center, day-care center, preschools or nursery schools; 3. Government facilities; 4. Nursing homes; 5. Personal service shops; 6. Religious institutions; 7. Restaurants, excluding drive-in facilities. B. Conditionally permitted uses in RO-H designation: 1. Day-care, limited to day-care center, pre-schools 2. Government facilities; 3. Multi-family dwellings, provided 1200 square feet vided for each dwelling unit; 4. Restaurants, excluding drive-in facilities; or nursery schools; of lot area is pro- 5. Other retail sales of products that support the medical community. 18.22.040 Development standards for RO designation. A. Minimum lot area: 7200 square feet. 6. Minimum lot width: fifty (50) feet. C. Minimum lot depth: eighty (80) feet. D. Maximum lot coverage: fifty-five (55) percent. E. Maximum building height: two and one-half (21/2) stories F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: five (5) feet; 3. Side, street: ten (10) feet; 4. Rear: twenty-five (25) G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. Parking must feet from a street. I. Landscaping: see Chapter 18.50. J. Signs: See Chapter 18.56. feet. or thirty (30) feet. be set back a minimum �of ten (10) 18.22.050 Developme�t standards for RO-H designation. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: none required. E. Maximum building height: four (4) stories not to exceed forty-fi��e (45) feet. F. Minimum yard setbacks: 1. Front: ten (10) feet; 2. Side, interior: none required; 3. Side, street: ten (10) feet; 4. Rear: none required. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. Parking must be set back a minimum of 10 feet from a street. 18.22-2 I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. 18.22.060 Supplemental development standards for both the RO and RO-H designations. A. All uses shall be conducted entirely within an enclosed structure. B. There shall be no outside storage of materials allowed. C. Refuse cans, containers or dumpsters shall be screened from the �riew of adjoining properties. 18.22-3 Sections: 18.24.010 18.24.020 18.24.030 18.24.040 18.24.050 Chapter 18.24 C-N NEIGHBORHOOD SHOPPING DISTRICT Intent. Permitted uses. Uses requiring permits. Development standards. Supplemental development standards. 18.24.010 Intent. C-N neighborhood shopping center zones are intended for neighborhood shopping centers which provide limited retail business, service and c►ffice faci- lities for the convenience of resident5 of the neighborhood. A neigt�borhood shopping center is designed and located so as to minimize traffic cor�gestion on public highways and streets in its vicinity and to best fit the gener•al land use pattern of the area to be served by the center. The protective stanclards con- tained in this chapter are intended to minimize any adverse effect oi� the shopping center on nearby property values and to provide for safe ancl efficient use of the shopping center itself. 18.24.020 Permitted uses. Hereafter ali buildings, structures, or parcels of land shall onl:y be used for the following, unless otherwise provided for in this Title: A. Art and phot�graphy studios, including accessory sales; B. Bakery and pastry shops, products made must be sold at retail on the premises; C. Banks and related financial institutions, excluding drive-in faciilities; D. Delicatessens, restaurants or sandwich shops, limited to a seating area of 25 seats; E: Ory cleaning and laundry services; F. Grocery stores; G. Hobby shops; H. Ice cream parlors; I. Laundry, self service; J. Newsstands; K. Personal service shops; L. Pharmacies; M. Professional offices; N. Retail stores and shops, including department and variety stores which offer for sale the following, and similar related goods: 1. Antiques; 2. Art supplies; 3. Baked goods; 4. Beverages; 5. Bicycles; 6. Books and magazines; 7. Candy, nuts and confectionery; 8. Clothing; 9. Computers; 18.24-1 0. P. 10. Da'iry products; 11. Dry goods; 12. Flowers and houseplants; 13. Fruits and vegetables; 14. Hardware, including electrical, heating, plumbing, glass, p<iint, wallpaper and related goods; 15. Home garden supplies; 16. Housewares; 17. Jewelry and clocks; 18. Meat, fish and poultry, pre-processed; 19. Notions; 20. Office supplies; 21. Photographic equipment supplies, 22. Radio, television, and stereos; 23. Shoes; 24. Sporting goods; 25. Stationery; 26. Toys; Secretarial services; including finishing; Other uses may be permitted by the Planning Director if the use �is deter- mined to be consistent with the intent of the zone and is of the same gen- eral character of the uses permitted in this section. 18.24.030 Uses requiring permit. The following uses may be permitted where a conditional use perm-it has been issued pursuant to the provisions of Chapter 18.64: A. Civic, social and fraternal clubs; B. Day-care, limited to mini day-care, day-care center, pre-schools or nursery schools; C. Drive-in facilities, including banks and restaurants; D. Government facilities; E. Liquor serving establishments, provided they are secondary to a r•estaurant use and limited to on-premise consumption; F. Religious institutions; G. Restaurants and other eating establishments with a seating capacity of more than 25 seats. 18.24.040 Development standards. A. Minimum area to be developed as neighborhood shopping center: t�►o (2) acres. B. Maximum area to be developed as neighborhood shopping center: te�n (10) acres. C. Minimum lot width: none required. D. Minimum lot depth: none required. E. Maximum lot coverage: fifty five (55) percent. F. Maximum building height: two and one half (21/2) stories (30) feet. G. Minimum yard setbacks: 1. Front: fifty (50) feet; 2. Side Interior: none required; 3. Side street: fifty (50) feet; 4. Adjoining any "R" zone: fifty (50) feet; 5. Rear: none required. 18.24-2 not to exceed thirty H. Fences and hedges: see Chapter 18.48. I. Parking: see Chapter 18.52. J. Landscaping: see Chapter 18.50. K. Signs: see Chapter 18.56. 18.24.050 Supplemental development standards. A. All uses shall be conducted entirely within a building or structure except play areas for day-cares. 6. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of inerchandise sold on the premises at re- tail. The floor area devoted to such repairing shall not exceed thirty (30) percent of the total floor area occupied by the particular Ernterprise, except that the limitations of this subsection shall not apply tc� shoe, radio, television or other small appliance repair services. C. Storage shall be limited to accessory storage of comnodities solcl at retail on the premises. No outside storage is permitted. D. Operations conducted on the premises shall not be objectionable t►eyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, hazard, or other causes. E. Refuse cans, containers or dumpsters shall be screened from the wiew of adjoining properties. 18.24-3 Sections: 18.26.010 18.26.020 18.26.030 18.26.040 18.26.050 CHAPTER 18.26 C-1 LIGHT COMMERCIAL DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. Supplemental development standards. 18.26.010 Intent. The intent and objective of this classfication and its applicaticm is to provide for the location of a grouping of uses which are considered c:ompatible uses having common or similar performance standards in that they repr�esent types of enterprises involving the rendering of services, both professional or to the person, or on-premise retail activities. This zone represents the pr�ime com- mercial designation for small to moderate scale commercial activities and should be developed in a manner which is consistent with and attracts pedest.rian oriented activities. This zone encourages leisure shopping and provides ameni- ties conducive to attracting shoppers. 18.26.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Art, music and photography studios; 6. Automobile parking facilities; C. Bakery and pastry shops, products made must be sold at retail on premises; D. Banking and related financial institutions, excluding drive-in fa,cilities; E. Bowling alleys; F. Caretaker apartment; G. Civic, social, and fraternal clubs; H. Day-care, including home based, mini day-care, day-care center, F�reschools or nursery schools; I. Delicatessens; J. Ory cleaning and laundry services; K. Funeral homes; L. Grocery stores; M. Hobby shops; N. Hospitals, to include small animal, but does not kennels; 0. Hotels; P. Laundry, self service; Q. Liquor store; R. Massage parlors; S. Meeting rooms and/or reception facilities; T. Motels; U. Newstands; V. News syndicate services; W. Nursing homes; X. Personal service shops; 18.26-1 allow outside runs or Y. Z. AA. BB. CC. DD. EE. FF. GG. HH. I1. Pharmacies; Printing and publishing; Professional offices; Radio and television broadcasting studios; Retail stores and shops, including department and variety stores which offer for sale the following, and similar related aoods. 1. Antiques; 2. Art supplies; 3. Automobile parts and accessories, 4. Baked goods; 5. Beverages; 6. Bicycles; 7. Books and magazines; 8. Candy, nuts, and confectionary; 9. Clothing; 10. Computers; 11. Dairy products; 12. Dry goods; 13. Flowers and houseplants; 14. Fruits and vegetables; 15. Furniture and home furnishings; excludes service and machine shops; 16. Hardware, including electrical, heating, plumbing, glass, paint, wall- paper and related goods; 17. Home garden supplies; 18. Household appliances; 19. Household pets; 20. Housewares; 21. Jewelry and clocks; 22. Meat, fish and poultry, pre-processed; 23. Notions; 24. Office supplies and equipment; 25. Photographic equipment, including finishing; 26. Radio, television, and stereos; 27. Shoes; 28. Sporting goods; 29. Stationery; 30. Toys. Religious institutions; Restaurant, including outdoor seating, but excludes drive-in facilities. Sale of alcoholic beverages is a secondary use and is limited to on-premise consumption; Schools, including art, business, barber, beauty, dancing, marti��l arts and music; Secretarial services; Theatres, except drive-in; Other uses may be permitted by the Planning Director if the use is deter- mined to be consistent with the intent of the zone and is of the same gen- eral character of the uses permitted in this section. 18.26.030 Uses requiring permit. The following uses may be permitted when a conditional use permi1� has been issued pursuant to the provisions of Chapter 18.64: A. Apartments, provided that 1200 square feet of lot area is providE�d for each dwelling unit; 18.26-2 B. Arcades; C. Automobile sales and leasing, new and/or used, trucks and vans but not including recr�ational pravided the following requirements are met: 1. The business shall be located on a major City of Auburn Traffic Plan; f� E. F. G. H. I. including light pick-up vehicles or heavy trucks, arterial as defined by the 2. No repairing, painting, or body work, shall be conducted outside of a building; 3. If adjacent to an "R" zone, a sight obscuring fence or landscape screen shall be required; 4. A minimum of a 25 foot setback shall be required of any building from any "R" zone; 5. Other landscaping or architectural improvements may be required to ensure compatibility with present and potential C-1 uses in the vicinity. Automobile service stations, provided they are located at the intersection of two (2) streets, one of which must be an arterial; Dance halls; Drive-in facilities, including banks and restaurants; Government facilities, this excludes offices and related uses that are per- mitted outright; Taverns; Utility substations. 18.26.040 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: none required. E. Maximum building height: four (4) stories not to exceed to forty-five (45) feet. F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: none required; 3. Side, street: fifteen (15) feet; 4. Rear: none required. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. 18.26.050 Supplemental development standards. A. All uses shall be conducted entirely within a building or structur�e except: 1. Automobile parking lots; 2. Automobile sales and leasing; 3. Display or sales of goods that do not extend eight (8) feet p��st the front of the building, do not block entrances or interfere wi�th pedestrian travel, do not interfere with the parking areas and do not encroach upon public property; 4. Outdoor seating for restaurants, theatres, or other entertainrnent; 5. Temporary uses as permitted by the Hearing Examiner, Building Official, Planning Director or City Engineer pursuant to applicable ord�inances; 6. Unloading and loading areas; 18.26-3 7. Utility substations; 8. Refuse containers; 9. Play areas for day-cares. B. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the types of inerchandise sold on the premises; at retail. The floor area devoted to such repairing shall not exceed thirty (30X) per- cent of the total floor area occupied by the particular enterpris;e, except that the limitations of this subsection shall not apply to shoe, radio, television, or other small appliance repair services. C. Storage shall be limited to accessory storage of commodities solcl at retail on the premises or materials used in the limited fabrication of c:ommodities sold at retail on the premises. No outside storage is permitted. D. Operations conducted on the premises shall not be objectionable t�eyond the property boundary lines by reason of noise, odor, fumes, gases, s;moke, vibration, hazard, or other causes. 18.26-4 Sections: 18.28.010 18.28.020 18.28.030 18.28.040 18.28.050 CHAPTER 18.28 C-2 CENTRAL BUSINESS DISTRICT Intent. Permitted uses. Uses requiring permit. Oevelopment standards. Supplemental development standards. 18.28.010 Intent. The intent and objective of this classification and its application is to set apart that portion of the City which forms the center for financial, commer- cial, governmental, professional, and cultural activities all of which have com- mon or similar performance standards in that they represent types of enterprises involving the rendering of services, both professional or to the person, or on- premise retail activities. This zone encourages leisure shopping and provides amenities conducive to attracting pedestrian shoppers. This zone shall only be applied within the central business district as defined by the Comprehensive Plan. 18.28.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Apartments, provided they are located in a multi-story building the ground floor of which must contain a permitted use as listed in Section 18.28.020 (B-HH). No density limitations shall apply. B. Art, music and photography studios; C. Automobile parking facilities; D. Bakery and pastry shops, products made must be sold at retail on premises; E. Banking and related financial institutions, excluding drive-in facilities; F. Caretaker apartment; G. Civic, social, and fraternal clubs; H. Day-care, including home based, mini day-care, day-care or nursery schools; I. Delicatessens; J. Dry cleaning and laundry services; K. Funeral homes; L. Grocery stores; M. Hobby shops; N. Hospitals, to include small animal, but does not allow kennels; 0. Hotels; P. Laundry, self service; Q. Liquor store; R. Massage parlors; S. Meeting rooms and/or reception facilities; T. Motels; U. Newsstands; V. News syndicate services; 18.28-1 center, preschools outside runs or W. X. Y. Z. AA. B6. CC. DD. EE. FF. GG. HH. II. Nursing homes; Personal service shops; Pharmacies; Printing and publishing; Professional offices; Radio and television broadcasting studios; Retail stores and shops, including department and variety stores vrhich offer for sale the following and similar related goods: 1. Antiques; 2. Art supplies; 3. Automobile parts and accessories, 4. Baked goods; 5. Beverages; 6. Bicycles; 7. Books and magazines; 8. Candy, nuts, and confectionery; 9. Clothing; 10. Computers; 11. Dairy products; 12. Dry goods; 13. Flowers and houseplants; 14. Fruits and vegetables; 15. Furniture and home furnishings; excludes service and machine shops; 16. Hardware, including electrical, heating, plumbing, glass, paiint, wall- paper and related goods; 17. Home garden supplies; 18. Household appliances; 19. Household pets; 20. Housewares; 21. Jewelry and clocks; 22. Meat, fish and poultry, pre-processed; 23. Notions; 24. Office supplies and equipment; 25. Photographic equipment, including finishing; 26. Radio, television, and stereos; 27. Shoes; 28. Sporting goods; 29. Stationery; 30. Toys. Religious institutions; Restaurants, including outdoor seating, but excludes drive-in facilities. Sale of alcoholic beverages is a secondary use and is limited to c�n-premise consumption. Schools, including art, business, barber, beauty, dancing, martial arts and music; Secretarial services; Theatres, except drive-in; Other uses may be permitted by the Planning Director if the use is deter- mined to be consistent with the intent of the zone and is of the same gen- eral character of the uses permitted in this section. 18.28-2 18.28.030 � Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Apartments, no density limitations are applied; B. Arcades; C. Drive-in facilities; including banks and restaurants; D. Government facilities, this excludes offices and related uses that are permitted outright; E. Taverns; F. Utility substations. 18.28.040 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: none required. E. Maximum building height: four (4) stories f eet . F. Minimum yard setbacks: 1. Front: five (5) feet; 2. Side, interior; none required. 3. Side, street: five (5) feet; 4. Rear: none required. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. not to exceed to forty-five (45) 18.28.050 Supplemental development standards. A. All uses shall be conducted entirely within a building or structure except: 1. Automobile parking lots; 2. Display or sales of goods that do not extend eight (8) feet p�ast the � C. D. front of the building, do not block entrances or interfere wi�th pedestrian travel, do not interfere with the parking areas and do not encroach upon public property; 3. Outdoor seating for restaurants, theatres, or other entertainrnent; 4. Temporary uses as permitted by the Hearing Examiner, Building Official, Planning Director or City Engineer pursuant to applicable ordinances; 5. Unloading and loading areas; 6. Utility substations; 7. Refuse containers; 8. Play areas for day-cares. Any repairing done on the premises shall be incidental only, and 'limited to custom repairing of the types of inerchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed thirty 1;30) per- cent of the total floor area occupied by the particular enterprise, except that the limitations of this subsection shall not apply to shoe, r•adio, television, or other small appliance repair services. Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of comnodities sold at retail on the premises. No outside storage is permitted. Operations conducted on the premises shall not be objectionable bE�yond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibration, ha2ard, or other causes. 18.28-3 Sections: 18.30.010 18.30.020 18.30.030 18.30.040 Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. 18.30.010 Intent. The intent and objective of this classification and its applicati��n is to provide for the location of and grouping of enterprises which may inv��lve some on premise retail service but with outside activities and display or fabrica- tion, assembling, and service features. This zone is intended to acc�omnodate uses which are oriented to automobiles either as the mode or target of producing the comnercial service. The uses enumerated in this classification a�re con- sidered as having comnon or similar performance standards in that the;y are heavier in type than those uses permitted in the more restrictive comnercial classifications. 18.30.020 Permitted uses. Hereafter all buildings, structures, or parcels for the following, unless otherwise provided for in A. Arcades; B. Art, music and photography studios; C. Auction houses, excluding animals; D. Automobile parking facilities; E. Automobile repair services; F. Automobile sales new and/or used; G. Automobile and truck rental; H. Automobile service stations; I. Automobile washes; J. Bakery and pastry shops, products made must be premises; K. Banking and related financial institutions; L. Bingo halls; M. Building contractor services, including storage N. Bus passenger terminals; 0. Caretaker apartments; P. Civic, social and frater�al associations; Q. Cortmercial recreation; R. Dance halls; S. Day-care, including home based, mini day-care, or nursery schools; T. Delicatessens; U. Orycleaning and laundry services; V. Equipment rental and leasing, does not include W. Food locker services; 18.30-1 of land shall onl;y be used this Title: sold at retail on �the yards; day-care centers, preschool heavy c�nstruction equipment; X. Y. Z. AA. BB. CC. DD. EE. FF. GG. HH. II. JJ. KK. LL. N�I . NN. 00. PP. QQ• RR. SS. TT UU. VY. WW. Funeral homes; Grocery stores; Health and physical fitness clubs; Hobby shops; Hospitals, to include small animal, kennels; Hotels; Laundry, self-service; Liquor store; Lumber yards; Manufactured/mobile home sales lots; Massage parlor; but does not allow outside runs or Meeting rooms and/or reception facilities; Mini-storage warehouses; Motels; Motorcycle sales and service; Newsstands; News syndicate services; Personal service shops; Pharmacies; Printing and publishing; Professional offices; Radio and television broadcasting studios; Recreational vehicle parks; Recreational vehicle sales lots; Restaurants; Retail stores and shops, including department and variety stores which offer for sale the following and similar related goods: 1. Antiques; 2. Art supplies; 3. Automobile parts and accessories; 4. Baked goods; 5. Beverages; 6. Bicycles; 7. Books and magazines; 8. Candy, nuts and confectionery; 9. Clothing; 10. Computers; 11. Dairy products; 12. Dry goods; 13. Flowers and houseplants; 14. Fruits and vegetables; 15. Furniture and home furnishings; 16. Garden and farm supplies; 17. Hardware, including electrical, paper, and related goods; 18. Home garden supplies; 19. Household appliances; 20. Household pets; 21. Housewares; 22. Jewelry and clocks; 23. Meat, fish, and poultry, pre-processed; 24. Notions; 25. Nursery and horticultural products; heating, plumbing, glass, paint, wall- 18.30-2 XX. YY. ZZ. AAA. BBB. CCC. DDD. EEE. FFF. GGG. 26. Of�ice supplies and equipment; 27. Photographic equipment, including finishing; 28. Radio, television, and stereos; 29. Shoes; 30. Sporting goods; 31. Stationery; 32. Toys. Reupholstery and furniture repair; Schools, including art, business, barber, beauty, dancing, drivin��, martial arts and music; Secretarial services; Skating arenas; Storage warehousing, limited to being use on property; Suntanning beds; Taverns; Theatres, including drive-in; incidental to principal pei•mitted Truck sales, with repair as a secondary use; Other uses may be permitted by the Planning Director if the use �is deter- mined to be consistent with the intent of the zone and is of the same general character of the uses permitted in this section. 18.30.030 Uses requiring conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Apartments, provided that 1200 square feet of lot area is providecl for each dwelling unit; B. Government facilities, this excludes offices and related uses that: are permitted outright; C. Miscellaneous light manufacturing including toys, jewelry, ceramic:, musical instruments and similar products, apparel and other finished products made from fabrics, leather, and similar materials, manufacturing of prc�fessional, scientific, and controlling instruments such as photo and optical goods, watch and clock manufacturing, and similar products, with retail s;ales of products manufactured on the premises; D. Nursing homes; E. Semi tractor and trailer sales; F. Utility substations. 18.30.040 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: none required. E. Maximum building height: four (4) stories feet. Buildings may exceed 45 feet if one from each property line, for each foot the F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: none required; 3. Side, street: fifteen (15) feet; 4. Rear: none required. 18.30-3 not to exceed farty-five (45) (1) foot of setback is provided building exceeds 45 feet. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. 18.30-4 Sections: 18.32.010 18.32.020 18.32.030 18.32.040 18.32.050 18.32.060 Chapter 18.32 M-1 LIGHT INDUSTRIAL DISTRICT Intent. Permitted uses, Uses requiring administrative permit. Uses requiring conditional use permit. Development standards. Supplemental development standards. 18.32.010 Intent. The purpose of the M-1 zone is to accommodate a variety of industrial uses in an industrial park environment, to preserve land for light industrial uses, to implement the economic goals of the Comprehensive Plan and to provide a greater flexibility within the zoning regulations for those uses which are non- nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial character of this zone is intended to address the way in which industrial uses are carried out rather than the actual types of products made. The light industrial character will limit the amount of industrial activi- ties and other uses which may be conducted outside of enclosed buildings. Uses which are not customarily conducted indoors, or involve hazardous materials are considered heavy industrial uses under this Title and are not appropriate for the M-1 zone. While the majority of the M-1 zone is intended for light industrial uses there may be some commercial uses permitted if the use enha�ces the quality of the area and does not disrupt the continuity of the industrial uses. Regional shopping centers and comnercial recreation may also be permitted if they are found to be appropriate and consistent with the Comprehensive Plan. An essential aspect of this Zone is the need to maintain a quality of deve- lopment that attracts rather than discourages further investment in light industrial development. Consequently, site activities which could distract from the visual quality of development of these areas, such as outdoor storage should be strictly regulated within this zone. 18.32.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Building and construction contractor services; B. Caretaker quarters, not more than one per establishment; C. Cold storage plants; D. Household movers and storage; E. Janitorial services; F. Job training and vocational rehabilitation; G. Manufacturing, assembling and packaging of articles, products or m�erchandise from previously prepared synthetic or natural materials, including but not limited to bristles, canvas, cellophane, and similar synthetics, clhalk, clay (pulverized only, with gas or electric kilns), cloth, cork, feathe�rs, felt, 18.32-1 fiber, �ur, glass (including glass finishing), graphite, hair, horn, leather, paper, paraffin, plastics or resins, precious or semi-precious metals, or stones, putty, pumice, rubber (excluding tire manufacturing or recapping), shell, textiles, tobacco, wire, wood, wool, and yarn; H. Manufacturing, processing, blending and packaging of the followinc�: 1. Dairy products and by-products such as milk, cream, cheese aiid butter, including the processing and bottling of fluid milk and crearn; 2. Drugs, pharmaceuticals, toiletries, and cosmetics; � 3. Food and kindred products limited to activities such as confectionery products, bakery products, and beverages bottling; 4. Soaps, detergents, and other household cleaners from previou>ly pre- pared natural materials and not involving the use of liquid bleach, liquid chlorine, liquid amnonia, or caustics. I. Manufacturing, processing, treating, assembling and packaging of <irticles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals; J. Manufacturing establishments engaged in electronic, automotive, aerospace, missile, airframe, or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engines, major components, and whole electronic or electrical devi- ces, automobiles, aircraft, missiles, aerospace, or underwater vehicles, but specifically excluding explosive fuels and propellants; K. Manufacturing, processing, assembling and packaging of precision c:omponents and products, including precision shops for products such as radic� and tele- vision equipment, business machine equipment, home appliances, sc�ientific, optical, medical, dental, and drafting instruments, photographic and optical goods, phonograph records and other recording media, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character; L. Manufacturing, assembling, packaging and development of computer equipment and software, and related products; M. Outside storage limited to 10� of the floor area of the associateci building provided the storage is supplemental to the permitted use, locateci to the rear of the property and does not abut on a street and is separatE�d by another use such as a building or parking lot; N. Printing, publishing, and allied industries including such proces��es as lithography, etching, engraving, binding, blueprinting, photocopy-ing, and film processing; 0. Professional offices related to an on site permitted use; P. Research, development and testing of a permitted use; Q. Restaurants and related eating establishments limited to serving a permitted use on the same site; R. Retail and wholesale trade of products manufactured, processed or assembled on site; S. Warehousing and distribution facilities, to include wholesale tracie not open to the general public. This includes motor freight transportatiori as an incidental use but specifically excludes motor freight transportal:ion as the principal use of the property; T. On-site day-care serving specified permitted uses; U. On-site recreational facilities serving specified permitted uses; Y. Other similar uses and accessory uses and buildings appurtenant to a prin- ciple use which the Planning Director finds compatible with the pr•incipal permitted uses described in this chapter and consistent with the purpose and intent of the M-1 zone. 18.32-2 18.32.030 Uses requiring administrative permits. The following uses and activities may be permitted by means tive permit, issued in accord with Section 18.64.020(B), if the of such use is found by the Planning Director to be consistent of the zone and the related policies of the Comprehensive Plan. A. Auction houses, excluding animals; B. Automobile service station; C. Automobile service and repair; D. Automobile washes; E. Banks and financial institutions; F. Convenience grocery stores; G. Day-care, including mini day-care center, day-care centers, nursery schools; H. Delicatessens and restaurants; I. Equipment rental and leasing; J. Health and physical fitness clubs; K. Horticultural nurseries; L. Mini storage warehouses; of an administra- devel ��pment pl an with the purpose preschools or M. Outside storage or other outside uses that are supplemental to a permitted use, limited to 30X of the floor area of the associated building provided storage is located to the rear of the property and does not abut on a street and is separated by another use such as a building or parking lot:; N. Personal service shops; 0. Professional offices, including corporate headquarters; P. Retail stores and shops which include the sale of the following pr•oducts: 1. Computers, 2. Farm and garden supplies, 3. Hardware, iricluding electrical, heating, plumbing, glass, pa�int, wallpaper, and related goods, 4. Lumber and building materials, 5. Office supplies and equipment; Q. Reupholstery and furniture repair; R. Secretarial services; S. Small appliance repair. 18.32.040 Uses requiring a conditional use permit. The following uses may be permitted when a conditional issued pursuant to the provisions of chapter 18.64: A. Automobile sales new and/or used to include passenger recreational vehicles; 6. Automobile and truck rental; C. Comnercial recreation, including animal race tracks; D. Heliports; use permit has been trucks and E. Heavy equipment sales, limited to new equipment with used equipmer�t being a secondary use; F Government facilities; G. Motels; H. Outside storage or other outside uses that are supplemental to a F�ermitted use, limited to 50% of the floor area of the associated building ar is not located to the rear of the property or abuts a street; I. Radio and television transmitting towers; J. Shopping centers, must involve a minimum of 250,000 square feet of floor area; 18.32-3 K. Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright; L. Warehouse sales, open to the public, must have a minimum of 50,OOo� square feet of floor area. 18.32.050 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: sixty-five (65�) percent. E. Maximum building height: forty-five (45) feet. Structures may ey;ceed forty-five (45) feet if one additional foot of setback is provided for each foot the structure exceeds forty-five (45) feet. F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: none required; 3. Side, street: twenty (20) feet; 4. Rear: none required; An additional thirty (30) feet of setback shall be required for any and each yard that abuts, adjoins, or is separated by a street, less i:han fifty (50) feet in width, any residentially zoned property. This addit�ional set- back requirement also applies to residentially zoned property thait is unin- corporated County land. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. K. Performance standards: see Chapter 18.58. 18.32.060 Supplemental development standards. A. All activities shall be conducted entirely within a building exce�pt as follows: 1. Outdoor storage permitted outright or through an administrative or con- ditional use permit provided that appropriate landscaping an�� other buffering measures shall be required in order to ensure that potential visual, noise, odor, dust, and other related impacts are contained within the site. Screening and buffering measures may inclu��e but not be limited to: landscaping, berms, fencing, walls, additional set- backs, limitation on height of stored materials, and the location of the storage area with regard to visibility from adjoining streets and impact on adjoining properties; 2. Gasoline pumps; 3. Refuse containers, provided they are screened from adjoining property and public or private right of way; 4. Horticulture activities; 5. Those uses listed as conditional or administrative use permits which require some outdoor activity or display. B. All odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building unless specifically permitted elsewhere by this Title. C. No highly combustible, explosive or hazardous materials, or wastes are per- mitted, unless clearly incidental and secondary to a permitted use. D. Loading and unloading docks that front on a street shall be required to pro- vide an additional ten (10) foot width of Type III landscaping or in lieu of the additional 10 foot width, a Type II landscaping may be provided. 18.32-4 Sections: 18.34.010 18.34.020 18.34.030 18.34.040 18.34.050 Chapter 18.34 M-2 HEAVY INDUSTRIAL DISTRICT Intent. Permitted uses. Uses requiring administrative permit. Uses requiring conditional use permit. Development standards. 18.34.010 Intent. Heavy industrial zones are intended to provide for general manufacturing and processing and grouping of industrial enterprises which possess comnon or simi- lar characteristics and performance standards involving manufacturinq, assembling, fabrication and processing, bulk handling of products, large amounts of storage and warehousing, outdoor storage, processing and other rellated uses that cannot meet the development standards of the M-1 zone. While other uses may be sited within this zone, permits for such uses should not be issued if such uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce tr•affic in conflict with the industrial uses. 18.34.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Alcoholic beverage processing, distilling and fermenting; B. Auction houses, excluding animal; � C. Basic wood processing including sawmills, planing mills, veneering and laminating of wood; 0. Building movers; E. Caretakers quarters, not more than one per establishment; F. Commercial laundaries; G. Cald storage plants; H. Contractor trade services including storage yards; I Eating establishments limited to serving a permitted use on same site; J. Equipment repair, leasing, and storage; K. Enameling, galvanizing and electroplating; L. Heavy equipment and truck repair; M. Household movers and storage; N. Janitorial services; 0. Job training and vocational education; P. Lumber yards; Q. Manufacturing, assembling and packaging of articles, products, or� merchan- dise from previously prepared natural or synthetic materials, including but not limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay, (pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass, (including glass finishing), graphite, hair, horn, leather, paper, paraffin, plastic and resins, precious or semi-precious 18.34-1 metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool, and yarn; R. Manufacturing establishments engaged in electronic, automotive, ae�rospace, missile, airframe, or related manufacturing and assembly activitie�s, including precision machine shops producing parts, accessories, as�semblies, systems, engine, major components, and whole electronic or electrical devi- ces, automobiles, aircraft, missiles, aerospace, or underwater veh�icles, but specifically excluding explosive fuels and propellants; S. Manufacturing, processing, assembling and packaging of precision c:omponents and products, including precision machine shops for products such as radio and television equipment, business machine equipment, home applian,ces, scientific, optical, medical, dental, and drafting instruments, photographic and optical goods, phonographic records and pre-recorded audio-visual tape, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character; T. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals; U. Manufacturing, processing, blending and packaging of products such as the following: 1. Soaps, detergents and other basic cleaning and cleansing materials; 2. Mineral products such as abrasives, asbestos, chalk, pumice, etc.; 3. Clay and cement products such as brick, tile, pipe, etc.. V. Manufacturing, processing, blending and packaging of the following• 1. Drugs, pharmaceuticals, toiletries, and cosmetics; 2. Food and kindred products, such as confectionary products, chocolate, cereal breakfast food, bakery products, paste products, fruits and vegetables, beverages, prepared food specialties (such as coffee, dehydrated and instant food, extracts, spices and dressings) and simi- lar products; 3. Dairy products and by-products such as milk, cream, cheese and butter, including the processing and bottling of fluid milk, and crea�m and wholesale distribution; W. Manufacturing, assembling, packaging and development of computer equipment and software, and related products; X. Motor freight terminals and transportatian; Y. Outside storage yards; Z. Offices related to an on-site permitted use; AA. Printing, publishing, and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, and film processing; BB. Research, development and testing of a permitted use; CC. Retail and wholesale trade of products manufactured, processed or �assembled on-site; DD. Warehousing and distribution facilities, to include wholesale trade not open to general public; EE. Other similar uses and accessory uses and buildings appurtenant to a prin- ciple use which the Planning Director finds compatible with the pr�inciple permitted uses described in this chapter and consistent with the purpose and intent of the M-2 zone. 18.34-2 Sections: 18.36.010 18.36.020 18.36.030 18.36.040 18.36.050 18.36.060 18.36.070 Chapter 18.36 BP BUSINESS PARK DISTRICT Intent. Process. Permitted uses. Application. Development standards. Supplemental development standards. Time limits. 18.36.010 Intent. The purpose of this chapter is to respond to modern trends in bu<.>iness park development by providing a suitable area for industrial, professiona'I office, service and commercial uses within a planned, well managed site with high quality development standards. It is also the intent of this district to allow flexibility with regard to development standards and uses if the flexibility results in an atmosphere of superior architectural, site and landscape design. This district may be applied to any site within the City designai;ed as "region serving" in the Comprehensive Plan, which is zoned commercia'I or industrial. In addition, the Comprehensive Plan identifies specific locations appropriate for business park development. 18.36.020 Process. The approval process for business parks is two steps. The first step is the conceptual approval of the business park, by the Hearing Examiner• and City Council, this step also approves the rezone to the business park dist:rict. The second step is the approval of the site plan by the Planning Director•. A. Conceptual approval: 1. Conceptual approval of a business park shall be applied by t:he rezone process as specified in Section 18.68.030(B)(1)(a). The re�:one shall be a contract rezone and shall include an agreement that est:ablishes the type, square footage and general location of the uses; t:he location and size of the park; restrictive covenants; public improvements; and the responsibilities of the owner/developer. 2. A BP District shall only be approved when the owner/developE�r has demonstrated that a public benefit will result and the projE�ct contains architectural, site, and landscape design standards that are� signifi- cantly superior to those typically required in the other indlustrial and commercial zones. 3. No significant impacts on the public infrastructure shall occur that cannot be effectively mitigated by the development of the bu�siness park. 4. If the approval of the business park requires a subdivision of property, the preliminary plat may be processed concurrently. B. Site plan approval: 1. The site plan of a business park shall be approved by the Planning Director. 18.36-1 2. k� Fr�m the�date of filing a complete application the Planning Ciirector shall within thirty (30) calendar days either approve, deny, or approve with conditions the site plan. The decision of the Oirector shall be final unless appealed to the Hearing Examiner pursuant to Section 18.70.050. The City Attorney shall prepare the necessary documents, appr�oving the site pTan, which shall be recorded at King County. 18.36.030 Permitted uses. Only those uses specifically authorized in the contract rezone, as approved by the Hearing Examiner and City Council, may be permitted in this zone. Any of the uses listed as permitted, administrative, and conditional in the NI-1 Chapter, 18.32, and those uses listed as permitted in the C-3 Chapter, 18.30, may be those uses as being permitted in this zone. This however shall not allow outdoor activities such as storage, fabrication, or sales, unless specifically authorized as part of the contract rezone. The Hearing Examiner and City Council may establish any procedural or substantive conditions on any such use as may be appropriate for the site. 18.36.040 Application. A. Conceptual approval: An application shall be required for conceptual approval of a business park and shall include the following: 1. Standard rezone application; 2. List of uses; 3. Covenants and restrictions; 4. A site plan to illustrate the following: a. Vicinity map, b. Boundaries and dimensions of proposed park, c. Acreage of park, d. Layout of interior streets, e. Adjacent public streets, f. Easements, existing, and if known proposed, g. Location and size of all existing utilities, h. General location of uses, i. Existing ownership pattern, j. The site plan shall be properly dimensioned and drawn at a scale not less than 1 inch equals forty (40) feet and on a sheet size 24 X 36 inches, more sheets may be used if necessary. A reproducible and seven (7) copies of the site plan shall be submitted at the time of application. An alternative scale may be approv�ed by the Planning Director. B. Site plan approval: An application shall be required for site plan approval of a busin�ass park and shall include the following: 1. The ordinance and contract of the conceptual approval. 2. A site plan which shall illustrate the following: a. Vicinity map, b. Boundaries and dimensions of park, c. If partial approval, illustrate the proposal within the boundaries of the park, 18.36-2 d. Illustrate previous site plan approvals that may have occurred e. f. 9• h. i. J• k. 1. m. n. o. P• q• r. s. u. within the park, Acreage of proposal, Layout of interior streets, Adjacent public streets, Easements, existing and proposed, Location and size of all existing Typical street cross section, Location of uses, and proposed utilities, Location of buildings and structures, both existing and proposed, including setbacks, Location and layout of off-street parking, loading and unloading areas, Location of walls and fences, indication of their height and materials, Location of any storage areas or refuse containers, Location and size of signs, Landscaping plan, Indication of height of buildings, Proposed architectural treatment of large expanse of walls, Any covenants not previously approved, The site plan shall be properly dimensioned and drawn at a scale not less than 1 inch equals forty (40) feet and on a sheet size 24 X 36 inches, more sheets may be used if necessary. A reproducible and seven (7) copies of the site plan shall be submitted at the time of application. An alternative scale may be approved by the Planning Director. 18.36.050 Development standards. A. Minimum area to be development as a business park: ten (10) acres. B. Minimum lot area: none required. C. Minimum lot width: none required. D. Minimum lot depth: none required. E. Maximum lot coverage: none required. F. Maximum building height: thirty-five (35) feet. Additional height may be allowed if approved by the Hearing Examiner and City Council. G. Minimum yard setbacks. 1. Exterior property lines: Setbacks from the exterior boundary line of the business park shall be comparable to or compatible with those of existing development of adja- cent properties; or if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the projections of the Comprehensive Plan. In no event shall such setback be less than twenty (20) feet. 2. Interior property lines: The setbacks within the business park may either be determined at the time of conceptual or site plan approval. H. Fences and hedges: see Chapter 18.48. I. Parking: see Chapter 18.52. J. Landscaping: see Chapter 18.50, a minimum of fifteen percent of the busi- ness park shall be landscaped. K. Signs: see Chapter 18.56. L. Performance standards: see Chapter 18.58. 18.36-3 M. Sidewalks and%or walkways: there may be flexibility in the design of sidewalks or walkways if approved by the City Engineer. 18.36.060 Supplemental development standards. A. All activities shall be conducted entirely within a building except as follows: 1. Gas pumps; 2. Refuse containers, provided they are screened from adjoining property and public or private right of way; 3. Horticulture activities; 4. Play areas for day-care; 5. Outdoor activities as permitted by the contract rezone. B. Al1 odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building unless specifically permitted elsewhere by this Title. C. No outdoor testing of products. D. No highly combustible, explosive or hazardous materials or wastes are per- mitted, unless clearly incidental and secondary to the permitted use; E. Roof top equipment shall be setback a minimum of twenty (20) feet from the edge of the roof and be painted the same color as the building on which the equipment is located; or, screen the equipment from adjoining uses or from street right of way if setback is less than twenty (20) feet. F. Loading and unloading docks that front on a street shall be required to pro- vide an additional ten (10) foot width of Type III landscaping or in lieu of the additional ten (10) foot width, a Type II landscaping may be provided. G. Outdoor storage may be restricted to the rear of the property and shall as a minimum shall be guided by the screening and landscaping requirements of the M-1 zone. 18.36.070 Time limit. In order to effectively respond to the changing circumstances with regard to industrial land within Auburn and on neighboring parcels of the business park, and to be consistent with evolving development standards, the following time limit shall apply: A. Each five (5) years, from the approval date of the contract of each business park, the Hearing Examiner shall review the contract of each business park in which construction has not been completed. The Hearing Examiner shall determine whether the business park is still a viable proposal by reviewing whether the applicant is still pursuing the project, or there are conflicts in the execution of the contract, and shall recommend to the City Council to either extend, amend or void the contract. If a contract is voided, the BP zone itself may remain but further construc- tion shall only be authorized by the execution of a new contract. If a contract is voided, the Hearing Examiner must find reason for the BP zone to remain on that portion of the business park that has not been constructed. If no reason is found to continue the BP zone, then the Hearing Examiner shall conduct a public hearing to rezone the parcel back to the zone on the property prior to the BP zone. 18.36-4 Sections: 18.38.010 18.38.020 18.38.030 18.38.040 18.38.050 18.38.060 18.38.070 18.38.080 18.38.090 18.38.100 18.38.110 18.38.120 18.38.130 18.38.140 18.38.150 18.38.160 18.38.170 18.38.180 18.38.190 18.38.200 18.38.210 18.38.220 18.38.230 18.38.240 18.38.250 Chapter 18.38 LF AIRPORT LANDING FIELD DISTRICT Intent. Permitted uses. Restricted uses. Zones established generally. Approach zone. Transition zone. Horizontal zone. Conical zone. Height limitations�- Generally. Height limitations - Noninstrument approach zones. Height limitations - Transition zones. Height limitations - Horizontal zones. Height limitations - Conical zones. Nonconforming structures and trees - Continuation allowed when. Nonconforming structures and trees - Marking and lighting. Structure and use permits. Nonconforming structures or trees - Alteration. Nonconforming structures or trees - Abandoned or destroyed - Permit prohibited. Requirements for variances. Yariance - Grant conditions. Decision appeals - Generally. Conflicting regulations. Enforcement. Violation - Penalty. Development Standards. 18.38.010 Intent. The intent of this chapter is to provide for the operation and management of the Auburn Municipal Airport. It is found that an airport hazard endangers the lives and property of users of the municipal airport and of occupants of land or property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared that: A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the municipal airport; B. It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented; and C. The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention or the creation or establishment of airport hazards and the elimination, removal, alteration, 18.38-1 mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land. 18.38.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Landing, taking �ff and flying of aircraft, excluding ultralights as defined by Auburn City Code Section 8.36.010; B. Businesses incidental to and necessary or convenient for airport opera- tions, including offices, eating establishments, restrooms, hangars, shops for light repairs, gasoline and oil sales and accessory struc- tures therefore; C. Other uses as determined by the Hearing Examiner to be related to operation and use of the airport. 18.38.030 Restricted uses. Restricted uses shall be as follows: No use may be made of land within any airport zone in such a manner as to create electrical interference with radio comnunication between the airport and aircraft, making it difficult for fliers using the airport, impair visibility in the vicinity thereof, or otherwise endanger the landing, taking off or maneuvering of aircraft. 18.38.040 Zones established generally. In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying within the noninstrument approach zone, transition zone, horizontal zone and conical zone. Such areas and zones are shown on the "City of Auburn Municipal Airport Imaginary Zoning Map, dated February, 1969, which is on file in the City Clerk's office. The various zones are established and defined as follows in Sections 18.40.050 through 18.40.080. 18.38.050 Approach zone. A noninstrument approach surface is established at each end of all noninstrument runways for landings and takeoffs. The inner width of the approach surface is two hundred fifty (250) feet at a distance of two hundred (200) feet beyond the physical end of the runway, and it expands uniformly to a width of twelve hundred fifty (1,250) feet. This approach surface extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty to one (20:1). The elevation of the inner width of the approach surface is the same as the elevation of the nearest point on the runway centerline. 18.38.060 Transitional zone. The transitional surface extends outward and upward at right angles to the runway centerline and the runway centerline extends at a slope of seven to one (7:1) from a line one hundred twenty-five (125) feet from the runway centerline or runway end and from the sides of the approach surfaces. The elevation of the line one hundred twenty-five (125) feet from the runway centerline or runway centerline extended for two hundred (200) feet beyond each runway end is the same as the elevation of the nearest point on the runway centerline. 18.38-2 18.38.070 ' Horizontal zone. A Morizontal surface is established above the airport. This horizontal sur- face is a plane one hundred fifty (150) feet above the established airport ele- vation. The perimeter of which is constructed by swinging ares five thousand (5,000) feet in a radius from the center of each end of the primary surface of the runway and connecting the adjacent ares by lines tangent to those ares. The primary surface is longitudinally centered on the runway with a width of two hundred fifty (250) feet and extends two hundred (200) feet beyond each end of the runway. 18.38.080 Conical zone. A conical surface is established which extends outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet. 18.38.090 Height limitations - Generally, Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created in this chapter to a height in excess of the height limit established in Sections 18.40.100 through 18.40.130 for such zone. 18.38.100 Height limitations-Noninstrument approach zone. The height limitations for noninstrument approach surfaces begin at a point two hundred (200) feet from and at the centerline elevation of the end of the runway and extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty to one (20:1). 18.38.110 Height limitations - Transition zones. The height limitations for transition zones shall be as follows. One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point one hundred twenty-five (125) feet normal to and at the elevation of the centerline of noninstrument runways, extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation which is fifty-nine (59) feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet-horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. 18.38.120 Height limitations - Horizontal zones. The height limitation for a horizontal zone shall be as follows. One hundred fifty (150) feet above the airport elevation or a height of two hundred nine (209) feet above mean sea level. 18.38.130 Height limitations - Conical zones. The conical surface involves a slope of twenty to one (20:1) for a horizon- tal distance of four thousand (4,000) feet. The relative difference in eleva- 18.38-3 tion between the inner and outer edge of the conical surface is two hundred (200) feet. The elevation of the outer edge of the conical surface is three hundred (300) feet above the established airport elevation. 18.38.140 Nonconforming structures and trees - Continuation allowed when. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of March 22, 1969, or otherwise interfere with the continuance of any nonconforming use. 18.38.150 Nonconforming structures and trees - Marking and lighting. Notwithstanding the provisions of Section 18.40.140, the owner of any nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers and lights as are deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and lights shall be installed and operated and maintained by the City. 18.38.160 Structure and use permits. A. Except as specifically provided in subdivisions 1, 2 and 3 of this subsec- tion, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created by this chapter unless a permit has been applied for and granted by the Building Department of the City. Each application for a permit shall indicate the purpose for which the permit is desired, with suf- ficient information to permit it to be determined whether the resulting use, structure or tree would conform to the regulations therein prescribed. If such determination is in the affirmative, the permit shall be granted. 1. In the area lying within the limits of the horiiontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone. 2. In the area lying within the limits of the noninstrument approach sur- face but at a horizontal distance of not less than five thousand (5,000) feet from a point two hundred (200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such trees or structures would extend above the height limit prescribed for such noninstrument approach zone. 3. The transitional surface does not extend beyond the perimeter of the horizontal surface. 18.38.170 Nonconforming structures or trees - Alteration. A. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the Airport Manager and if applicable the Building Official. 18.38-4 B. No permi't shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on March 22, 1969, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. 18.38.180 Nonconforming structures or trees - Abandoned or destroyed - Permit prohibited. Whenever the airport manager determines that a nonconforming structure or tree has been abandoned or more than eighty (80X) percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such struc- ture or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 18.38.190 Requirements for variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this chapter, may apply to the Hearing Examiner for a variance from such regulation. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulation should result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this chapter. 18.38.200 Variance - Grant conditions. Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and is reasonable in the circumstances, be so con- ditioned as to require the owner of the structure or tree requesting a variance to install, operate and maintain at his own expense such markers and lights as may be necessary to indicate to fliers the presence of an airport hazard. 18.38.210 Decision appeals - Generally. Any person aggrieved, or any taxpayer affected, by any decision of the City of Auburn made in its administration of this chapter may appeal to the Hearing Examiner. 18.38.220 Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. 18.38.230 Enforcement. It shall be the duty of the airport manager and building official to admi- nister and enforce the regulations prescribed in this chapter. 18.38-5 18.38.240 � Yiolation - penalty. Each violation of this chapter or of any regulation, order or ruling pro- mulgated under this chapter constitutes a misdemeanor and is punishable as pro- vided in Section 1.24.010 of this code. Each day a violation continues to exist constitutes a separate offense. 18.38.250 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: none required. E. Maximum building height: four (4) stories not to (45) feet, except as restricted elsewhere by this F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: none required. 3. Side, street: fifteen (15) feet; 4. Rear: none required. G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. 18.38-6 exceed forty-five chapter. Sections: 18.40.010 18.40.020 18.40.030 18.40.040 Chapter 18.40 P-1 PUBLIC USE DISTRICT Intent. Permitted uses. Uses requiring permit. Development standards. 18.40.010 Intent. The district is intended to provide for the appropriate location and deve- lopment of public uses that serve the cultural, educational, recreational, and public service needs of the community. 18.40.020 Permitted uses. Hereafter all buildings, structures, or parcels for the following, unless otherwise provided for in A. Government facilities; B. Municipal parks and playgrounds; C. Public schools and related facilities; D. Watersheds and related public utilities; of land shall only be used this Title: E. Other public uses that the Planning Director finds compatible with the intent of the P-1 district. 18.40.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Projects that exceed the lot coverage requirements of the most restrictive abutting zone. B. Structures that are allowed to exceed height requirements pursuant to Section 18.48.030(A)(5). 18.40.040 Development standards. A. Minimum lot area: none required. B. Minimum lot width: none required. C. Minimum lot depth: none required. D. Maximum lot coverage: none required. E. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: five (5) feet; 3. Side, street: ten (10) feet; 4. Rear: twenty-five (25) feet; 5. For any P-1 ione that abuts R zoned property, (30) foot building setback shall apply. F. Maximum building height: four (4) stories not to feet. 18.40-1 a minimum of a thirty exceed forty-five (45) G. Fences and hedges: see Chapter 18.48. H. Parking: see Chapter 18.52. I. Landscaping: see Chapter 18.50. J. Signs: see Chapter 18.56. 18.40-2 Chapter 18.42 UNC UNCLASSIFIED USE DISTRICT Sections. 18.42.010 Purpose of classification. 18.42.020 Establishment. 18.42.010 Purpose of classification. The purpose and objective of this classification is to regulate the use of land in generally undeveloped areas or in areas not otherwise zoned following annexation thereof to the City so as to prevent the uncontrolled intrusion of business, industrial and similar uses which would be in conflict or incompatible with existing or planned future land uses established by the Comprehensive Plan. 18.42.020 Establishment. Those areas previously annexed to the City for which zoning classification has been fixed or determined by unclassified use district. Unclassified zoned property standards for permitted uses and development standards. 18.42-1 no City of Auburn ordinance are zoned UNC, shall assume the R-1 Sections: 18.44.010 18.44.020 18.44.030 18.44.040 18.44.050 Chapter 18.44 I-INSTITUTIONAL USE DISTRICT Intent. Permitted uses. Uses requiring permit. Area requirements. Development standards. 18.44.010 Intent. The Institutional Use District is intended to provide an area wherein edu- cational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones. 18.44.020 Permitted uses. Hereafter all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this Title: A. Academic schools, including public, parochial, and private, which offer instruction in several branches of learning. This excludes commercial schools such as business, vocational or technical as being the principal B. C. D. E. F. G. H. I. J. K. L. use. Agricultural and associated uses, excluding livestock; Campgrounds and recreational vehicle parks; Cemeteries; Day-care limited to home based day-care, mini day-care center, day-care center, and preschool and nursery schools; Government buildings and facilities; Museums; Nursing homes; Parks, playgrounds, recreational Quasi-public buildings and uses cultural, or public service type beverages; Religious institutions; facilities; of a recreational, educational, religious, , excluding establishments serving alcoholic Single family homes, including accessory buildings. 18.44.030 Uses requiring permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64: A. Category I: Colleges and universities; B. Category II: Category II uses must be owned and operated in conjunction with an outright permitted use as listed in 18.44.020: 18.44-1 1. Airport landing area; 2. Assembly/light manufacturing; 3. Establishments serving alcoholic beverages; 4. Manufactured home parks; 5. Multiple family dwellings; 6. Retail sales and service. 18.44.040 Area requirements. The minimum area that may be developed as an Institutional Use District shall be one (1) acre. 18.44.050 Development standards. A. Minimum lot area: six thousand (6,000) square feet. B. Minimum lot area per dwelling unit: six thousand (6,000) square feet. C. Minimum lot width: sixty (60) feet. D. Minimum lot depth: eighty (80) feet. E. Maximum lot coverage: thirty-five (35) percent. F. Minimum yard setbacks: 1. Front: twenty (20) feet; 2. Side, interior: five (5) feet; 3. Side, street: ten (10) feet; 4. Rear: twenty-five (25) feet; 5. Accessory structures to residential dwellings shall meet all the the required setbacks of the zone with the exception that the rear yard set- back may be reduced to five (5) feet, provided that any structure with a vehicular entrance from a street (public or private) or public alley shall be set back a minimum of twenty (20) feet. G. Maximum building height: 1. Residential dwellings: two and one half (2 u2) stories not to exceed thirty (30) feet; 2. Accessory buildings to residential dwellings: one (1) story not to exceed sixteen (16) feet; 3. Other uses: four (4) stories not to exceed forty-five (45) feet. H. Fences and hedges: see Chapter 18.48. I. Parking: see Chapter 18.52. J. Landscaping: see Chapter 18.50. K. Signs: see Chapter 18.56. 18.44-2 Sections: 18.46.010 18.46.020 18.46.030 18.46.040 18.46.050 18.46.060 18.46.070 18.46.080 Intent. Interim uses. Seasonal uses. Temporary uses CHAPTER 18.46 TEMPORARY USES akin to construction projects. Transitional uses. Administrative temporary use permits. Conditions. Coordination with other City codes. 18.46.010 Intent. It is the intent of this chapter to regulate certain temporary uses of pro- perty which are not otherwise regulated, beyond business registration, by other City ordinances or regulations. 18.46.020 Interim uses. The Hearing Examiner may issue a temporary and revocable permit, after a public hearing is held pursuant to Section 18.70.040, to allow an owner, devel- oper, contractor, tenant, lessee, or other occupant to conduct an otherwise per- mitted use on their property at the same time they are improving the property to the required City standards, pursuant to the following conditions: A. The permit may be issued for a period up to six (6) months and may be extended for three (3} more months if the applicant has acted in good faith towards compliance of the original permit. The Hearing Examiner shall decide what constitutes said good faith. B. The Hearing Examiner may issue the permit only if the proposed use is con- sistent with the following findings of fact: 1. The request is reasonable and there is no other practical alternative; 2. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties; 3. A hardship is involved that cannot otherwise be reasonably resolved; 4. A performance bond, in the amount of the required improvements, shall be posted guaranteeing the completion of the project. 18.46.030 Seasonal uses. The Hearing Examiner may issue a temporary and revocable permit, after a public hearing is held pursuant to Section 18.70.040, to allow sales of seasonal goods, in any non-residential Zone, for a period not to exceed six (6) months in any twelve (12) month period. A. The use need not meet the standards normally associated with a permanent use provided the Hearing Examiner finds that the temporary use is not in proximity to a competing permanent use. Other findings and requirements the Hearing Examiner shall consider will be as follows: 18.46-1 1. The use must be consistent with the permitted uses in the zone; 2. The use must be an appropriate interim use of the property pending the permanent long term use; 3. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts; 4. The use must provide sanitary facilities if the Hearing Examiner finds it is necessary; 5. A performance bond, the amount to be determined by the Building Official, and approved by the Hearing Examiner, shall be posted guar- anteeing the removal of the use and the area restored to the satisfac- tion of the Building Official. Failure to comply with the conditions of the permit shall cause forfeiture of that portion of the bond necessary to correct the violations. 18.46.040 Temporary uses associated with construction projects. A. The Hearing Examiner may issue a temporary and revocable permit after a public hearing is held pursuant to Section 18.70.040, for activities asso- ciated with construction projects, including but not limited to equipment storage yards, job shacks, materials storage yard, or living quarters, which are not otherwise permitted outright by City ordinances or regula- tions. B. The Hearing Examiner may issue a temporary use permit for construction related activities, if it is found that proposal is consistent with the following findings of fact: 1. The use would not pose a hazard or be a detriment, physical or other- wise, to the neighborhood; 2. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts; 3. A performance bond, the amount to be determined by the Building Official, and approved by the Hearing Examiner, shall be posted guaran- teeing the removal of the use and the area restored to the satisfac- tion of the Building Official. Failure to comply with the conditions of the permit shall cause forfeiture of that portion of the bond necessary to correct the violations; 4. The temporary use shall be reviewed each six (6) months to determine if the temporary use permit is still valid, if not, then the Hearing Examiner shall terminate the permit; 5. The temporary use shall be vacated upon completion of the associated construction project or determined by Section 18.46.040(B)(4). 18.46.050 Transitional uses. A. Existing agricultural and associated uses, which are not permitted outright, may continue provided there are no new structures built in excess of two thousand (2000) square feet, or the use is not expanded by five (5) acres, unless a permit is issued, after a public hearing is held pursuant to Section 18.70.040, by the Hearing Examiner consistent with the following findings of fact: 1. The use must be compatible or sufficient mitigating measures available to make it compatible with adjacent permitted uses; 2. The use cannot be a detriment to adjacent permitted uses; 3. The use will not result in significant adverse impacts to the area. 18.46-2 B. Upon encroachment of permitted uses into the area the Hearing Examiner may review a transitional use permit to determine if such use is no longer compatible with the permitted uses and should be abated. 18.46.060 Administrative temporary use permits. A. The Planning Director may issue a temporary use permit to allow a business to begin operation while the business is securing approval from the Hearing Examiner, Planning Commission or City Council if the Planning Director finds the use consistent with the following findings of fact: 1. The need is due to circumstances beyond control of the applicant; 2. The need is due to hardship such as loss of continuity of business; 3. The use is reasonably expected to be permitted by the appropriate body; 4. No significant capital outlay is required for the initial operation of business; 5. Application for the permit allowing the permanent use must be filed; 6. The existing structure and lot must otherwise comply to City standards; 7. The permit shall terminate when the Comnission, Council or Hearing Examiner have rendered their final decision; 8. The applicant agrees in writing that the temporary use permit does not guarantee a subsequent permanent use; 9. A performance bond be posted guaranteeing the removal of the use if the use is denied by the Comnission, Council or Hearing Examiner. B. The Building Official may issue a temporary use permit for temporary or seasonal uses including, but not limited to christmas tree lots, street sales, or exhibits for up to six (6) weeks in duration, if the use is con- sistent with the following findings of fact: 1. The use must be consistent with the permitted uses in the zone; 2. The use will not result in significant traffic, parking, drainage, fire protection, or other adverse impacts; 3. If appropriate the Building Official may require a bond to assure the removal of the use and the area restored to the satisfaction of the Building Official. C. The Building Official may issue a temporary use permit for a temporary structure for the purpose of the sale of agricultural products grown on the premises if consistent with the following findings of fact: 1. The temporary structure is less than three hundred (300) square feet in floor area and must meet the proper setbacks of the zone; 2. The use will not result in significant traffic, parking or other adverse impacts. 18.46.070 Conditions. In order to reasonably mitigate any adverse impacts associated with a tem- porary use permit, the permit may be conditioned to assure such mitigation. 18.46.080 Coordination with other City codes. A. Any temporary use otherwise regulated by Title 5 of the Auburn City Code, beyond any required business or solicitors license, is not subject to the provisions of this chapter. However, any license issued under Title 5 shall be consistent with the use regulations of the remainder of this Title and any condition or other permit required by this Title shall be required. 18.46-3 B. C. Any licensed solicitor who, while selling or offering go�ds, wares, merchan- dise or anything of value displays, advertises, or offers such goods to the passing public while standing on any property, street or public way or any other place not used and licensed by such person as a permanent place of business, shall secure in addition to the solicitors license, a temporary use permit pursuant to this chapter. Uses regulated or exempted by Chapter 18.60, Home Occupations, are not sub- ject to the provisions of this chapter. 18.46-4 Sections: 18.48.010 18.48.020 18.48.030 18.48.040 18.48.050 18.48.060 18.48.070 Chapter 18.48 SUPPLEMENTAL DEVELOPMENT STANDARDS Day-care. Fences. Height limitations. Lots. Manufactured home siting standards. Recreational vehicle parks. Yards. 18.48.010 Day-care. A. The following performance standards shall apply to all child day-cares but shall not apply to adult day-care: 1. If applicable, must be properly licensed with the State of Washington; 2. Minimum indoor area per child shall be fifty (50) square feet, excluding hallways, kitchens, bathrooms, storage area, closets, garages and bedrooms; 3. Minimum outdoor area per child shall be one hundred (100) square feet, excluding parking areas, loading areas and outdoor storage areas; 4. Outdoor play areas may be required to be screened by a one hundred (100) percent sight obscuring fence per Section 18.48.020 (C). The fence shall be constructed to reach the ground to prevent crawling underneath; 5. Day-care, preschool and nursery school services shall not be conducted before 5:00 A.M. or after 9:00 P.M. in single family residential zones. The above provisions are not intended to reduce the requirements of any other licensing agency or department. 18.48.020 Fences. A. Height regulations. The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if the height of the fence is within six (6�) percent of the height required. The height of the fence shall be deter- mined from the existing, established grade on the property. 1. The following regulations shall apply in the RR, RS, R-1, R-2, R-3, R-4, R-MHP, R0, RO-H, I, CN, C-1 and C-2 Districts: a. Fences may be constructed to a height not to exceed the following in each of the required set back areas, as regulated per each zone, or as modified by Section 18.48.020 (B): Front yard: forty-two (42) inches, Side yard: seventy-two (72) inches, Rear yard: seventy-two (72) inches, Street side yard: forty-two (42) inches. 2. The following regulations shall apply in the C-3, M-1, M-2, BP, LF, and P1 Districts: a. Fences may be constructed to a height not to exceed the following in each of the required set back areas, as regulated per each zone; or as modified by Section 18.48.020 (B): 18.48-1 Front yard: seventy-two (72) inches, Side yard: seventy-two (72) inches, Rear yard: seventy-two (12) inches, Side street yard: seventy-two (72) inches. B. Special height restrictions. 1. There shall not be anything constructed or reconstructed, and no obstruction permitted to grow, other than a post, column or tree not exceeding one (1) foot square or one (1) foot in diameter, between a height three (3) feet and ten (10) feet above the established grade within the triangular areas described below, without the express appro- val of the City Engineer: a. The triangular area formed by a line twenty (20) feet along the right of way lines of two (2) intersecting streets, measured from the point of intersection of the right of way lines, and the line connecting the two (2) ends of the two (2) twenty (20) foot lines, b. The triangular area formed by a line fifteen (15) feet along the street right of way line measured from the point of intersection of the alley right of way line and a line fifteen (15) feet along the alley right of way line measured from the point of intersec- tion of the street and alley right of way lines and the line con- necting the unconnected ends of the two (2) lines. 2. In general, no fence, hedge, structure or other obstruction shall act as a sight hazard to traffic, and the City Engineer may order the remo- val of such hazard whether or not such object otherwise complies with the provisions of this Title. C. Screened fence defined. 1. A screened fence shall consist, at a minimum, of a chain link fence interwoven with slats placed in every row or available space in the fence; 2, A one hundred (100X) percent sight obscuring fence shall be constructed of solid wood, metal, concrete or other appropriate material which totally conceals the subject use from adjoining uses. D. Fences and associated landscaping. 1. When landscaping is required along the property line, the fence shall be set back a minimum of five (5) feet if the fence abuts a street right of way, so as to not obscure such landscaping; 2. At other property lines the landscaping shall be located to serve the greatest public benefit. E. Obstructions, generally prohibited. 1. In no case shall any fence and/or hedge be constructed or grown, within a distance of three (3) feet, around any fire hydrant; as well as no fence or hedge shall deter or hinder the Fire Department from gaining access to any Fire Department connection, fire protection control valve, fire hydrant, or Fire Department appliance or device; 2. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of one-hundred-fifty (150) feet, in any direction, of vehicular approach to the hydrant; 3. In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes. 18.48-2 18.48.030 Height limitations. a. Exceptions. : The following buildings and/or structures are exempt of the height require- ments of this Title, in no case does this lessen any height restrictions that relate to the municipal airport: 1. Cupolas, provided they do not extend more than three (3) feet above the roof line; 2. Church spires or steeples, provided they conform to elevations as approved under a conditional use permit; 3. Transmission line towers, including telephone line towers and similar types of other line towers, located within public street rights-of-way, easements, or on private property, and which are constructed in accor- dance with other regulations as required by the City; 4. Residential television antennae, provided they are used in conjunction with the reception of commercial television station signals and are not used for transmission purposes; 5. Elevated reservoirs, water tanks or standpipes under the jurisdiction of the City of Auburn or other water district. 18.48.040 Lots. A. All lots shall meet the lot area and width requirements set forth in the applicable use district, except any residentially zoned parcel of ]and with an area and/or a width less than that prescribed for a lot in any residen- tial district, which parcel was under one ownership or was subdivided into lots according to a plat of record prior to July 6, 1964, which was the adoption date of the previous Zoning Ordinance, Number 1702, then the fact that the parcel of land does not meet the area and/or width requirements as set forth in this Title shall not prohibit the property from being utilized for single-family residential purposes, provided that all other regulations of this Title are complied with; B. Lots created by the King County Assessors's Office shall not be considered as building lots or lots that can be further subdivided unless in accor- dance with this Title and Land Oivision Ordinance, except those lots created prior to August 24, 1968, which was the adoption date of the previous Subdivision Ordinance, Number 2204. 18.48.050 Manufactured home siting standards. A manufactured home may be allowed to be placed within any residential zone, that allows single family homes, provided the following conditions are met: A. The home must be placed on a permanent foundation similar to that required of other residential construction; B. The home shall have a pitched roof with a slope no less than a three (3) inch rise to a twelve (12) inch run, and the roof must be an integral part of the home; and shall be made of either composition, shakes or shingles (wood or metal); C. All requirements of this Title and other applicable regulations must be met. These requirements do not apply to R-MHP zoned property. 18.48.060 Recreational vehicle parks. A. The following performance standards shall apply to all recreational vehicle parks: • 18.48-3 1. Min'imum �ize of the recreational vehicle park: one hundred thousand (100,000) square feet; 2. Maximum gross density: one (1) recreational vehicle space per each two thousand (2,000) square feet of land area; 3. Recreational space: Eight (8X) percent of the total site area shall be provided as defined recreation space. The recreation space shall be easily accessible and shall be improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of the recreational vehicle park; 4. Minimum width: Each recreational vehicle space shall have a minimum width of twenty-five (25) feet; 5. Interior private streets: a. Twelve (12) feet of width per each travel lane and ten (10) feet of width per each parking lane. A minimum of twenty (20) feet shall be provided for one way systems; b. The streets shall be improved in accordance with the specifica- tions of the City Engineer. In addition, all streets shall be well-drained, well-lighted, and continuously maintained in operable condition; 6. Spacing between units: There shall be a minimum side-to-side dimension of twelve (12) feet between units and a minimum end-to-end dimension of ten (10) feet between units; 7. Minimum setbacks required: The following setback requirements shall apply: a. Twenty-five (25) feet from a public street, b. Five (5) feet from an interior private street, c. Fifteen (15) feet from the park boundary, 8. Off-street parking: A minimum of one (1) off-street parking space shall be required for each recreational vehicle space. It shall be located within the recreational vehicle space. In addition, one (1) off-street parking space per each three (3) recreational vehicle spaces shall be required for guest parking. The guest parking spaces shall be grouped and distributed evenly throughout the park; 9. Pedestrian walkways: Pedestrian walkways having a width of not less than three (3) feet shall be provided from the recreational vehicle spaces to all service buildings, and facilities, refuse collection area, and recreation areas. The walkways shall be hard-surfaced, well- drained, and well-lighted; 10. Landscaping: see Chapter 18.50; 11. Limit of stay: No recreational vehicle shall remain within in a recreational vehicle park for more than one hundred twenty (120) days in any one (1) year period; 12. Solid waste disposal: The storage, collection and disposal of solid waste in recreational vehicle parks shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers must be screened from view except on collection day. 13. Utilities: The following requirements for utilities shall apply: a. A water supply system shall be provided in the recreational vehicle park for each recreational vehicle space designed to accommodate the park user occupying a self-contained recreational vehicle, the water system for a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations, 18.48-4 b. Wate'ring stations: Each recreational vehicle park shall be pro- vided with one (1) or more accessible water supply outlets for filling recreational vehicle water storage tanks, c. Sewage disposal system: An adequate and safe sewage disposal system shall be provided in a recreational vehicle park for each recreational vehicle space designed to accomnodate the park user occupying a self-contained vehicle and shall be connected to pub- lic sewage system. The sewage disposal system in a recreational vehicle park shall be constructed and maintained in accordance with all applicable state and local codes and regulations, d. Sanitary stations: Each recreational vehicle park shall be pro- vided with sanitary dumping stations in the ratio of one (1) for every one hundred (100) recreational vehicle spaces or fractional part thereof. The construction of the sanitary station shall be in accordance with the City Engineer's standard detail. Sanitary stations shall be screened from other activities by a visual barrier such as fences, walls, or natural growth and shall be separated from any recreational vehicle space by a distance of not less than fifty (50) feet; e. Electrical supply system: Each recreational vehicle park shall be provided with an underground electrical system which shall be installed and maintained in accordance with all applicable state and local codes and regulations, f. Other utility systems: If other utility systems such as natural gas, television cable, or telephone are installed in a recreational vehicle park such installation shall be in accordance with state and local codes and regulations. 14. All recreational vehicle spaces shall be well marked and numbered. B. The City Engineer shall approve the site plan for all recreational fi vehicle parks. The site plan shall contain the following: # 1. Name of the owner and operator, with address and phone number, and the � name of the proposed recreational vehicle park or campground; 2. Legal description of the subject tract of land; 3. Name, address and phone number of the person or firm preparing the site plan; 4. Scale of the drawing and north arrow; 5. The area and dimensions of the tract of land; 6. The number, size and location of all recreational vehicle spaces; 7. The number, location and size of all off-street automobile parking spaces; 8. The location and width of all streets and walkways; 9. The location of service buildings, sanitary stations, recreation area and any other proposed facilities or structures; 10. Location of all utility lines and easements; 11. Indication of the water supply, sewage disposal, electrical supply, and refuse collectio� systems; 12. Indication of all buildings, recreation uses, and other facilities to be constructed; 13. Landscaping specifications; 14. A vicinity map indicating the names and location of all streets within at least a quarter-mile radius of the subject site; 15. Location and specifications of the manager's office and dwelling unit; 18.48-5 16. The site�plan shall be properly dimensioned and drawn at a scale not less than 1 inch equals forty (40) feet and on a sheet size 24 inches by 36 inches, more sheets may be allowed if necessary. A reproducible mylar and seven (7) copies of the site plan shall be submitted at the time of application. 18.48.070 Yards. A. The following may project into required yards: 1. Fireplace structures, bay windows, garden windows, enclosed stair land- ings, closets, framed fireplace shafts or similar projections not wider than eight (8) feet measured in the general direction of the wall of which it is a part: eighteen (18) inches into any yard; 2. Uncovered porches and platforms which do not extend above the floor level of the first floor: eighteen (18) inches into side yards and six (6) feet into the front yard, provided they may extend three (3) feet into the side yard when they do not exceed eighteen (18) inches in height above the finished grade; 3. Planting boxes or masonry planters not exceeding forty-two (42) inches in height may intrude into any required front yard; 4. Eaves shall not protrude more than twenty-four (24) inches into any minimum required yard. B. Special front yard depth. If buildings existing on July 6, 1964, occupy fifty (50) percent or more of the frontage in any block, and are on one side of the street, then the depth of the front yard required by this Title 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 average depth of the front yards existing on July 6, 1964. This shall apply to residentially zoned property only. C. Side yard width reductions. In R2, R3, and R4 districts, where there exists a lot or tract of land on which it is possible to construct a single-family dwelling, and the lot or tract has width of less than forty (40) feet, then the required side yard width may be reduced to three (3) feet. The street side yard width may not be reduced. 18.48-6 Sections: 18.50.010 18.50.020 18.50.030 18.50.040 18.50.050 18.50.060 Chapter 18.50. LANDSCAPING AND SCREENING Intent. Scope. Definitions. Types of landscaping. Regulations by zone. General landscape requirements. 18.50.010 Intent. The intent of this chapter is to provide minimum landscaping and screening requirements in order to maintain and protect property values, to enhance the City's appearance, to visually unify the City and its neighborhoods, to improve the character of certain areas of the City, to reduce erosion and storm water runoff, and to maintain or replace existing vegetation. 18.50.020 Scope. A. This chapter applies to all uses and activities developed in the City excluding single family and duplex units on individual lots. B. When additions, alterations, or repairs of any existing building or struc- ture exceed fifty (50) percent of the value of the building or structure then such building or structure shall be considered to be a new use and landscaping provided accordingly. Provided, that if any existing foundation or fence layout precludes full compliance herewith, then the landscaping requirements may be modified by the Planning Director. 18.50.030 Definitions. A. Deciduous trees, are a minimum of one and one-half (lu2) to two (2) inches in diameter at the time of planting; B. Evergreen trees, are a mimimum of four (4) to six (6) time of planting and may include either broadleaf or C. 6round cover means low evergreen or deciduous plantin foot spacing, in all directions; D. Shrubs, are a minimum of eighteen (18) to twenty-four ar two (2) gallons, at the time of planting; feet in height at the conifer; gs planted at three (3) (24) inches in height, E. Significant trees, means a healthy evergreen tree, six (6) inches or more in diameter measured four (4) feet above grade; or a healthy deciduous tree four (4) inches or more in diameter measured four (4) feet above grade. The Planning Director may authorize the exclusion of any significant tree which for the reason of public health, safety or reasonable site development, is not desirable to maintain. 18.50.040 Types of landscaping. A. Type I, solid screen: Type I landscaping is intended to provide a significant sight barrier to 18.50-1 B. C. D. separate incompatible uses. Type I landscaping shall consist of evergreen trees or tall shrubs, a minimum of six (6) feet in height at the time of planting, which will provide a one hundred (100�) percent sight obscuring screen within three (3) years from the time of planting; or a combination of evergreen trees or deciduous trees, planted twenty (20) feet on center with no more than thirty (30) percent being deciduous and backed by a one hundred (100X) percent sight obscuring fence. In addition to the trees, shrubs shall be planted at four (4) foot spacing, in all directions, and ground- cover provided; Type II, visual screen: Type II landscaping is intended to create a visual separation between dif- ferent uses or zones. Type II landscaping shall consist of evergreen and deciduous trees, with no more than thirty (30) percent being deciduous, planted twenty (20) feet on center. In addition to the trees, shrubs shall be planted at three (3) foot spacing, in all directions, and ground- cover provided; Type III, visual buffer: Type III landscaping is intended to provide a visual separation of uses from the street and the visual separation of compatible uses. Type III landscaping shall consist of evergreen and deciduous trees, with no more than fifty (50) percent being deciduous, planted thirty (30) feet on center. In addition to the trees, shrubs shall be planted at four (4) foot spacing, in all directions, and groundcover provided; Type IV, see through buffer: Type IV landscaping is intended to provide a visual relief between com- patible uses. Type IV landscaping shall consist of deciduous trees, planted thirty (30) feet on center, shrubs planted at four (4) foot spacing, in all directions, and groundcover provided. 18.50.050 Regulations by zone. A. RR, RS, R1, R2, and R3: Landscaping shall only be required permit. The type and amount to be approved. 6. R4: in conjunction with a conditional use determined at that time the C.U.P. is 1. Street frontage: five (5) foot width of type III; 2. Adjacent to RR, RS, R1, or R2 zone: five (5) foot width of type III, adjacent parking or driveways will require a five (5) foot width of type II; 3. Adjacent to R3 zone: five (5) foot width of type IV, adjacent parking or driveways will require a five (5) foot width of type III. C. RO and RO-H: 1. Street frontage: ten (10) foot width of type III; 2. Adjacent to RR, RS, R1, R2, or R3 zone: ten (10) foot width of type III, adjacent parking or driveways will require a ten (10) foot width 3. of type II; Adjacent to R4, RMHP: five (5) foot width of type IV, adjacent parking or driveways will require a five (5) foot width of type III. C-1, C-2, C-N, P-1: Street frontage: five (5) foot width of type III; Adjacent to RR, RS, R1, R2 or R3 zone: five (5) foot width of type II, adjacent parking or driveways will require a five (5) foot width of type I; 18.50-2 3. E. C3, 1. 2. 3. 4. F. Ml: 1. 2. 3. 4. 5. 6. G. M2: 1. 2. 3. 4. 5. Adjacent 'to R4, R0, or RO-H: five (5) foot width of type III, adjacent parking or driveways will require a five (5) foot width of type II. LF: Street frontage: five (5) foot width of type III; Adjacent to RR, RS, R1, R2 or R3 zone: ten (10) foot width of type II, adjacent parking or driveways will require a ten (10) foot width of type I; Adjacent to R4, R0, or RO-H zone: ten (10) foot width of type III, adjacent parking or driveways will require a ten (10) foot width of type II. Outdoor storage yards adjacent ot any C, P, I or M-1 zone: five (5) foot width of Type I. Street frontage: ten (10) foot width of Type III, an additional ten (10) foot width will be required when loading and unloading docks face a street. In lieu of the additional 10 foot width of Type III landscaping, a Type II landscaping may be provided; Adjacent to any R zone: ten (10) foot width of type 1; Adjacent to I, C-1, C-2, P-1, or C-N ione: ten (10) foot width of type II. Adjacent outdoor storage yards will require a ten (10) foot width of Type I; Adjacent to C-3, LF zone: ten (10) foot width of type III. Adjacent outdoor storage yards will require a ten (10) foot width of Type I; For those buildings that front on a street a minimum of a ten (10) foot width of type III landscaping shall be placed next to the building; Outdoor storage yards adjacent to other M-1 zoned property shall have a minimum width of a five (5) foot Type I landscaping. Street frontage: ten (10) foot width of type III; Adjacent to any "R" zone: thirty (30) foot width of type I; Adjacent to I, C-1, C-2, P-1, or C-N zo�e: ten (10) foot width of type II, adjacent outdoor storage yards will require a ten (10) foot width of Type I. Adjacent to C-3, or LF zone: ten (10) foot width of type II, adjacent outdoor storage yards will require a ten (10) foot width of Type I. For those buildings that front on a street a minimum of a ten (10) foot width of type II landscaping shall be placed next to the building. H. BP: The amount and type of landscaping shall be determined at the time of the approval of the business park. The landscaping requirements shall however be guided by the M-1 requirements and a minimum of fifteen (15X) percent of the business park shall be landscaped. 18.50.060 General landscape requirements. A. Application: A landscape plan shall be required and shall be accurately drawn using an appropriate engineering scale and shall illustrate the following: 1. Adjacent streets, public and private; 2. Boundaries and dimensions of site; 3. Location of on-site buildings; 4. Location of on-site parking areas; 5. Location and size of landscape areas; 6. Location, species and size of planting materials; 18.50-3 7. Location of outdoor storage areas; 8. Location of significant trees; 9. Location of water source(s). B. Driveways and pedestrian walkways: Landscaping is generally required along all street frontages with the exception of driveways and pedestrian walkways within the property. C. Fences: When fences and landscaping are required along the property line, the fence shall be set back of the landscaping if the fence abuts a street, so as to not obscure such landscaping. At other property lines the landscaping shall be located to serve the greatest public benefit. D. Irrigation: No portion of any landscaped area shall be located further away than fifty (50) feet from a source of water adequate to irrigate the landscaping. E. Lawn substitution: Sodded lawn may be substituted for the required shrubs or groundcover but all portions of the lawn area must be served by an automatic irrigation system, F. Maintenance: 1. The property owner shall be responsible for replacing any unhealthy or dead plants for a period of two years after the initial planting. 2. The Building Official shall require a maintenance assurance device for a period of one (1) year from the completion of planting in order to insure compliance with the requirements of this section. The value of the maintenance assurance device shall equal at least fifty (50) per- cent of the total landscape materials. 3. If the landscaping is not being properly maintained the property owner shall be so notified by the City. If after thirty (30) days from the City's notification the landscaping is still not being maintained then the maintenance device may be used by the City to perform any type of maintenance necessary to insure compliance with this chapter. 4. The maintenance assurance device shall be accompanied by an agreement granting the City and its agents the right to enter the property and perform any necessary work. The agreement shall also hold the City harmless from all claims and expenses, including attorney's fees. 5. Upon canpletion of the one (1) year maintenance period, and if main- tenance has not been performed by the City, the City shall release the maintenance assurance device. G. Outdoor storage: Outdoor storage yards that are visible from a street or are adjacent to residentially zoned property shall be screened by a minimum of a five (5) foot width of Type I landscaping. Additional width may be required to comply with Section 18.50.050. H. Parking lots: 1. A planter area shall be required along the entire street frontage(s), except driveways and walkways; provided that no sight obscuring plants will be allowed whenever safe sight clearance is necessary for ingress and egress from a public street. The width of the planter area shall be as required in section 18.50.050 (A-H) f�r street frontages; 2. All lots with more than twelve (12) spaces, a one hundred (100) square foot planter area shall be required at the end of each single row of parking, but in no case shall there be more than ten (10) parking spa- ces between any required planter area. The location of the planter area may be varied upon evidence submitted which shows that the intent 18.50-4 of the landscaping requirements have not been lessened. Any variation must receive Planning Director approval; 3. Each planter area shall contain at least one (1) tree, a mi�imum of 11/2-2 inches in caliper. For planter areas in excess of thirty (30) feet in length, more trees are required and shall be spaced not further than than thirty (30) feet apart; 4. Each planter area shall contain shrubs, spaced three (3) feet on center, and be a minimum of one (1) gallon in size; 5. Residential parking lots with five (5) or less spaces, and nonresiden- tial parking lots, with three (3) or less spaces, shall be exempt from the parking lot landscape requirements. I. Performance assurance: 1. The required landscaping must be installed prior to the issuance of the Certificate of Occupancy unless the Building Official determines that a performance assurance device will adequately protect the interests of the City; 2. The performance assurance device shall only be valid for a one hundred- twenty (120) day period and shall have a value of 100% of the estimated cost of the landscaping to be performed. If the landscaping has not been installed after the one hundred-twenty (120) days then the assurance device may be used by the City to perform any necessary work to implement the landscape plan; 3. The performance assurance device shall be accompanied by an agreement granting the City and its agents the right to enter the property and perform work. The agreement shall also hold the City harmless from all claims and expenses, including attorney's fees; 4. Upon completion of the required landscaping by the property owner the City shall release the performance assurance device. J. Private property: All required landscaping shall be located entirely on private property. When landscaping is required to separate adjacent uses, the landscaping shall run the full length of the adjacent property. K. Sight hazards: The Building Official and/or City Engineer may review and modify landscape plans which may affect visibility for ingress, or egress, corner lots or other intersections. Any reduction of landscaping shall be made up else- where on site. L. Significant trees: All significant trees, as defined by 18.50.030 (E), shall be retained and made part of the landscape plan. M. Species: The applicant shall utilize plant materials which complement the natural character of the Pacific Northwest. N. Landscaped Berms: In addition to the minimum landscape requirements of Section 18.50.050, landscaped berms may be required to mitigate any impacts associated with a specific project. The berms may be applied through an Administrative or Conditional Use Permit, contract rezone, or as a condition associated with a mitigated Determination of Non-Significance or Environmental Impact Statement. The minimum height of the earth creating the berm shal� be three (3) feet and have a slope no greater than two (2) foot horizontal to one (1) foot vertical. 18.50-5 Sections: 18.52.010 18.52.020 18.52.030 18.52.040 18.52.050 18.52.060 18.52.070 18.52.080 18.52.090 18.52.100 18.52.110 18.52.120 18.52.130 CHAPTER 18.52 OFF-STREET PARKING AND LOADING General. Required off-street parking minimum standards. Joint use of parking facilities. Drive-in businesses. Off-street parking area development and maintenance. Development of required off-street parking spaces for one family dwellings. Off-street parking lots - location. Off-street parking i� lieu of fees. Parking space dimensi�nal requirements, Existing off-street parking reduction. Fractional spaces. Parking in front or side yards - prohibition generally. Off-street loading space. 18.52.010 General. A. Off-street parking and loading lots shall be provided in accordance with the following provisions of this chapter for every building hereafter erected, altered, enlarged, or relocated. 1. Any new building, use or structure shall provide the required parking to the standards specified herein. 2. Any parking lot hereafter physically altered shall comply with all of the provisions of this chapter, except that such lot which provides five (5�) percent of its area in landscaping shall be deemed to comply with Section 18.50.060 (H). B. These regulations shall not be retroactive to include any building or use existing at the time of passage of this chapter, except as follows: 1. WF�en a building is located on a different site, there shall be provided off-street parking and loading spaces as required for new buildings. 2. When the number of units is increased by alteration or addition to a dwelling or other structure containing sleeping rooms, there shall be provided off-street parking and loading spaces for such additional units. When there are other alterations to a residential structure, the requirements of this chapter shall apply whenever the value of such alterations exceed fifty (50%) percent of the assessed valuation of the structure. 3. When there are alterations or additions to a nonresidential building, there shall be provided off-street parking and loading spaces for any increase in the gross floor area or number of seats, bowling lanes or classrooms therein, except that when the aggregate number of spaces required for such alterations or additions is five (5) or less, the off-street parking need not be provided. 4. Whenever any existing, non-residential use in a building is changed to another use in the same building, the requirements of this section shall apply in full to the new use if and only if the change in parking 18.52-1 requirements between the old and new uses is greater than five (5) spa- ces. 5. Whenever there is a change from a residential use to a non-residential use in an existing building, the requirements of this ordinance shall apply in full to the new use; except that the Hearing Examiner by means of a Special Exception, may determine that a portion of the residential structure cannot be effectively utilized by the proposed commercial use and such area then may be excluded from the gross floor area used to compute the parking requirement. C. The required parking and/or loading shall have reasonable access to a public street or alley and a capacity according to the use of the building listed in the following sections. D. Where a use is not listed, the Planning Director shall determine the number of required parking and/or loading spaces based upon similar uses for which the requirements are specified. E. Removal of required parking and/or loading spaces from practical use by obstruction, erection of buildings, or other actions as to reduce the parking and/or loading capacity or usefulness thereof below the minimum requirements established in this chapter is prohibited. F. "Gross floor area" includes all floor area within the exterior walls of the building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy. G. "Parking Area" includes the parking spaces together with driveways and the access to a public street. 18.52.020 Required off-street parking - minimum standards. The number of �ff-street parking spaces shall be determined for each principal use of the land, building, or structure. For ancillary uses to the principal use, required parking shall be calculated the same as for the prin- cipal use, or as otherwise provided for in this chapter. A. Residential: 1. Single-family: one (1) parking space per two-bedroom dwelling, two (2) parking spaces per three (3) or more bedroom dwelling; 2. Two-family (duplex): one and one-half (lU2) parking spaces per one- bedroom and two-bedroom living units, two (2) parking spaces per three (3) or more bedroom living units; 3. Multi-family: one and one-half (1112) parking spaces per one-bedroom and two-bedroom units, two (2) parking spaces per three (3) or more bedroom units, for developments in excess of fifty (50) dwelling units, one (1) screened space for each ten (10) dwelling units shall be provided for recreational vehicles; 4. Mobile homes: one (1) parking space per one-bedroom and two-bedroom units; two (2} parking spaces per three (3) or more bedroom units. Within mobile home parks, parking space shall not be allowed within required setbacks; recreation and laundry areas shall provide off- street parking spaces equal to one (1) per each ten (10) mobile home sites within the development; 5. Boardinghouses and lodginghouses: one (1) parking space for the proprietor plus one (1) space per sleeping room for boarders and/or lodging use plus one (1) additional space for each four (4) persons employed on the premises; 6. Fraternities, sororities, and dormitories: one (1) parking space for each four (4) beds; 18.52-2 7. Muliiple�Owellings, for low income elderly government assisted housing, one (1) parking space for each three (3) dwelling units. B. Commercial activities. 1. Auto, boat, or recreational vehicle sales or leasing, new or used: one (1) space per 5,000 square feet of outdoor sales area, one (1) space per one thousand (1000) square feet of showroom and services facili- ties, and one (1) space per each two hundred-fifty (250) square feet of office area, but in no case shall there be less than six (6) spaces provided. The outdoor sales area shall be paved in accordance with Section 18.52.050(A) and landscaped in accordance with Section 18.50.060(H)(1); 2. Drive-in businesses: One (1) parking space for each one hundred (100) square feet of gross floor area; 3. Food retail stores and markets: one (1) parking space per two hundred (200) square feet of gross flo�r area, a minimum of six (6) parking spaces shall be provided; 4. Health and physical fitness clubs: one (1) space per one hundred (100) square feet of gross floor area; 5. Laundry, self-service: one (1) parking space per four (4) washing machines, a minimum of five (5) parking spaces shall be provided; 6. Manufactured home sales lots: one (1) space per five thousand (5000) square feet of outdoor sales area, and one (1) space per two hundred- fifty (250) square feet of office area; 7. Mortuaries or funeral homes: one (1) parking space per four (4) seats in the assembly area, computed as seven (7) square feet of floor area per seat; 8. Motels, motor hotels and hotels: one and one-quarter (1.25) parking spaces per sleeping unit; 9. Motorcycle and other small engine vehicle sales and service: one (1) space for each four hundred (400)square feet of gross floor area of the building and one (1) space for each one thousand (1000) square feet of outdoor sales area. The outdoor sales area shall be paved in accor- dance with Section 18.52.050(A) and landscaped in accordance with Section 18.50.060(Hj(1); 10. Motor vehicle repair and services: one (1) parking space per four hundred (400) square feet of gross floor area; 11. Offices, including professional and business, banks and related activities: one (1) space per two hundred fifty (250) square feet of gross floor area. Up to four hundred (400) square feet of unfinished basement floor area used exclusively for storage, may be excluded from the parking requirement. Unfinished basement floor area is defined as any floor level, below the first story of a building, which floor level is not provided sufficient light, ventilation, exit facilities, or sanitary facilities, as required for any legal occupancy classifica- tion. (See section 18.52.020 (D) for doctors' offices, and clinics, etc.); 12. Personal service shops: one (1) parking space per four hundred (400) square feet of gross floor area, a minimum of two (2) shall be provi- ded; 13. Restaurants, nightclubs, taverns and lounges, one (1) space per one hundred (100) square feet of gross floor area; 14. Shopping centers: one (1) parking space per two hundred (200) square feet of gross floor area. 18.52-3 15. Video Arcades: Within a range of one (1) space per three (3) video machines and one (1) space per one (1) machine as may be determined appropriate in the conditional use permit, considering availability of existing parking, the nature of related business, and expected clien- tele of the arcade; 16. Other retail establishments, including but not limited to appliances, bakeries, drycleaning, furniture stores, hardware stores, household equipment service shops, clothing or shoe repair shops: one (1) parking space per five hundred (500) square feet of gross floor area; 17. Private lodges, with no overnight boarding facilities: one (1) parking space per one hundred (100) square feet of gross floor area. C. Industrial and manufacturing activities. 1. Manufacturing, research and testing laboratories, creameries, bottling establishments, bakeries, canneries, printing, and engraving shops: one (1) parking space per one thousand (1000) square feet of gross floor area; 2. Warehouse and storage: Building Size Parkin Re uirements Up to 20,000 sq. ft. 1 per 2000 sq, t. 3 minimum) 20,001 - 100,000 sq. ft. 1 per 2500 sq, ft. (10 minimum) 100,000 - up 1 per 3000 sq. ft. (40 minimum) 3. Uncovered outdoor storage areas, which are incidental and subordinate to a principal use that otherwise meets the parking requirements, need not provide additional parking. Uncovered outdoor storage areas which are not incidental or subordinate to a principal use shall provide one (1) parking space for each five thousand (5000) square feet of storage area; 4. Office space shall provide parking as required for offices. D. Medical facilities. 1. Convalescent, nursing and health institutions: one (1) parking space for each two (2) employees, plus one (1) space for each three (3) beds; 2. Hospitals: two (2) parking spaces for each bed; 3. Medical, dental, and other doctors offices: one (1) space per two hundred (200) square feet of gross floor area. E. Public assembly and recreation. 1. Assembly halls, auditoriums, stadiums, sports arenas, and cor�nunity clubs: one (1) parking space per three (3) fixed seats, where fixed seats consist of pews or benches, the seating capacity shall be com- puted upon not less than eighteen (18) linear inches of pew or bench length per seat. Where movable chairs are provided, each seven (7) square feet of the floor area to be occupied by such chairs shall be considered as a seat; 2. Bowling alleys: five (5) spaces per bowling lane, additional parking for food and beverage on same premises shall be required as per Section 18.52.020(B)(13), and for spectator or assembly seating as per Section 18.52.020(E)(1); 3. Churches: one (1) parking space per five (5) seats, in computing seating capacity and requirements for assembly area without seats, use requirements as set forth for assembly halls per Section 18.52.020(E)(1); 4. Dance halls and skating rinks: one (1) parking space per one hundred (100) square feet of gross floor area; 5. Libraries and museums: one (1) parking space per two hundred fifty (250) square feet of gross floor area; 18.52-4 6. Min�iature and/or indoor golf: one (1) parking space per hole; 7. Parks: as determined by the Planning Director and/or Hearing Examiner on an individual basis. F. Educational activities. 1. Elementary and junior high schools: one and one-half (lU�) parking spa- ces for each classroom or teaching station; 2. High schools: one (1) parking space for each employee, plus one (1) parking space for each eight students; 3. School auditoriums, stadiums and sports arenas: see requirements as set forth in Section 18.52.020(E)(1); 4. Colleges and universities: upon review by Planning Director and Hearing Examiner; 5. Nursery schools and day-care centers: one (1) parking space for each employee plus loading and unloading areas; 6. Business and/or beauty schools: one (1) parking space per two hundred (200) square feet of gross floor area. G. Other uses. For uses not specifically identified herein, parking shall be provided as specified for the use which, in the opinion of the Planning Oirector, is most similar to the use under consideration. H. Mixed occupancies and shared uses. 1. In the case of two (2) or more principal uses in the same building, the total requirements for off-street parking facilities shall be the sum of the requirements for the principal uses computed separately. 2. In order for a use to be considered a separate principal use under the terms of this section, the uses must be physically and managerially separated in a manner which clearly sets the principal uses apart as separate businesses or operations. Various activities associated with single businesses shall not be considered separate uses. 3. Required off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use, unless joint use parking is approved pursuant to 18.52.030. 18.52.030 Joint use of parking facilities. That joint use of off-street parking facilities may be allowed as follows: A. The applicant shall show that there is no substantial conflict in the prin- ciple operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed. For the purposes of this sub- section no substantial conflict shall mean the sharing of parking for typi- cal daytime use with typical nighttime uses. Typical daytime uses may include banks, offices, retail stores, personal service shops, manufacturing and wholesale uses. Typical nighttime uses may include theatres, bowling alleys, bars, and restaurants. Churches may share parking with either a daytime or nighttime use as long as no conflict in operating hours exists. B. This provision shall not be for residential uses except for those residen- tial uses within the Central Business District (CBD) as defined by the Comprehensive Plan. C. The off-street parking facilities to be used jointly shall be located within five hundred (500) feet of the use which they are to serve. D. The concerned parties shall execute a binding legal agreement for as long as the joint use of parking is proposed. The agreement shall be non-revocable, and written such that if the joint use parking becomes unavailable, then the use must be discontinued. The agreement shall be approved by the City Attorney and recorded at King County. 18.52-5 E. The join� use parking proposal shall be approved by the Planning Director. 18.52.040 Drive-in businesses. All banks, savings and loan associations, food dispensing establishments, and other businesses which maintain drive-in facilities which are intended to serve customers who remain in their motor vehicles during business transactions, or are designed in such a manner that customers must leave their automobiles temporarily in a driving lane located adjacent to the facility, shall provide stacking space for the stacking of motor vehicles as follows: A. Stacking space. The drive-in facility shall be so located that sufficient stacking space is provided for the handling of motor vehicles using such facility during peak business hours of such a facility. B. Driveway location. The location of entrances and exits shall by the City Engineer. C. Shopping centers. When located in a shopping center, drive-in shall provide sufficient stacking space to handle peak business shall not in any way obstruct the normal circulation pattern of center. be determined facilities demands and the shopping 18.52.050 Off-street parking area development and maintenance. Every parcel of land hereafter used as a public or private off-street parking area shall be developed and maintained as follows: A. The parking areas on private property, including interior driveways and access to a public street shall be paved with asphalt concrete or, cement concrete pavement and shall have appropriate bumper guards where needed. Where a driveway crosses a public right of way, it shall be constructed with cement concrete. All asphalt pavement sections shall have a minimum pavement section consisting of two (2) inches of Class "B" asphalt concrete, two (2) inches of 5/8 inch minus crushed rock, and six (6) inches of Class "A" bank run gravel or approved equal. All concrete pavement sections or any alternative asphalt pavement sections shall be designed to support the post development traffic loads anticipated due to the intended use. B. Parking areas shall be used for automobile parking only, with no sales, unless permitted elsewhere by this Title, dead storage, repair work, or dismantling of any kind. C. If lighting is provided, it shall be arranged to reflect away from the resi- dential area, also from any public street or highway. D. Drainage facilities for stormwater shall be provided for and be approved by the Public Works Department. E. Ingress and egress shall be approved as to location and design by the Public Works Department. - F. Driveways and parking stalls shall be clearly marked. G. Landscaping: see Chapter 18.50. H. For parking lots in excess of one hundred (100) spaces the design shall be approved by the Planning Director. 18.52.060 Development of required family dwellings. For parking areas serving single in lieu of Section 18.52.050. off-street parking spaces for one (1) family dwellings, this section shall apply 18.52-6 A. Required off-street parking spaces for one (1) family dwellings on separate lots smaller than 15,000 square feet in area shall be paved with asphalt concrete or cement concrete. Each required off-street parking space shall be connected to an improved public or private street by a driveway which shall be paved with asphalt concrete or cement concrete. B. Required off-street parking spaces for one (1) family dwellings on separate lots of 15,000 or more square feet in area shall have an all weather sur- face. Each required off-street parking space shall be connected to an improved public or private street by a driveway which shall have an all weather surface. The construction of the all weather surface shall be determined by the City Engineer. 18.52.070 Off-street parking lots - location. A. Single family dwellings: Required parking shall be located on the same lot as the building it is to serve. B. Multi-family dwellings: Required parking may be on a contiguous lot in the same zone if located within five hundred (500) feet of dwelling units. The lot shall be legally encumbered by an easement or other appropriate means to ensure continuous use of the parking facilities. Documentation shall require review and approval of the City Attorney. C. Other Uses: May be in areas other than on the premises if the required amount of parking area is set aside for a particular use in such a lot, and such area is not located more than five hundred (500) feet from the premises and is in the same zone as the use. The lot or area to be utilized shall be legally encumbered by an easement or other appropriate means to ensure con- tinuous use of the parking facilities. Documentation shall require review and approval of the City Attorney. D. Whenever required parking facilities are located off-site, pedestrian facilities shall be provided connecting the-satellite parking facility to the development being served, which are safe, durable and adequate to accom- modate pedestrian use. E. A permit may be issued by the Hearing Examiner pursuant to the hearing requirements of Section 18.70.040 whenever parking is to be located at a distance greater than five hundred (500) feet from the use, or whenever parking for a use in a commercial or industrial zone is to be located in a residential zone if it is found that: 1. The required parking cannot be provided as required in Subsection B and C of this section; 2. There is adequate access provided between the parking area and the use; 3. The character of the adjoining land uses would not be disrupted by the increased pedestrian and vehicular traffic; 4. The design and configuration of the parking area is compatible with adjacent uses. F. The Planning Director may authorize parking for a use to be located in an different zone having the same prefix (e.g. R-, C-, M-, etc.) as the use if the Director makes the same findings as listed in Subsection E of this sec- tion. 18.52.080 Off-street parking - in lieu of fees. A. Payment in Lieu of Parking. In lieu of furnishing the parking spaces required in this chapter (except residential zoned property), the require- ments and provisions thereof may, if approved by the Hearing Examiner, be 18.52-7 satisfied by paying to the Finance Director, prior to issuance of a building permit, the sum of twenty-five hundred (;2500) dollars for each parking space required under the provisions of this chapter. Sums so paid shall be deposited by the Finance Director in a special fund to be designated the "City off-street parking cumulative fund," and shall be used and expended exclusively for acquiring, developing and maintaining off-street parking facilities by purchase or lease. Such facilities shall, wherever feasible, and having due regard to the statutes and s�urces of the fund, be acquired in the general vicinity of the buildings for which the in-lieu payments were paid. B. Payment in lieu of parking shall only be used within the Central Business District (CBD), as defined by the Comprehensive Plan. Other factors to be considered are: 1) the possibility of joint use parking, 2) relationship to existing public parking lots and on-street parking, and 3) impacts upon adjoining uses. 18.52.090 Parking space dimensional requirements. A. Standard sized parking spaces. 1. Standard sized parking spaces parallel to the driveway or aisle serving them shall be a minimum of nine (9) feet wide and twenty-three (23) feet long. Driveways or aisles serving standard sized parallel spaces shall be a minimum of 12 feet wide. 2. Standard sized parking spaces oriented at an angle to the driveway or aisle serving them shall be consistent with the minimum dimensional requirements set forth by the following table, and further defined by subsection C of this section, provided, that aisle widths shall not be less than ten (10) feet. ���j����' � � � ��� � ' � ' � � .� � � � : � .� . � . � , � B. Compact sized parking spaces. 1. In any off-street parking lot up to thirty (30%) percent of the spaces may be designated as "Compact" spaces and be developed according to the minimum dimensional requirements for compact spaces established under this sect�on. 2. Compact sized parking spaces oriented parallel to the driveway or aisle serving them shall be a minimum of eight (8) feet wide and twenty (20) feet long. Driveways or aisles serving compact sized parallel parking spaces shall be a minimum of eleven (11) feet wide. 3. Compact sized parking spaces oriented at an angle to the driveway or aisle serving them shall be consistent with the minimum dimensional requirements set forth by the following table and further defined by subsection C of this section; provided that aisle widths shall not be less than ten (10) feet. 30 8.0' 14.9' 10.0' 45 8.0' 17.0 13.0' 60 8.0' 17.9' 16.0' 90 8.0' 16.0' 22.0' 18.52-8 C. 4. Every compact parking space created pursuant to this section shall be clearly identified as such by painting the word "COMPACT" in upper case block letters, using white paint, on the pavement within the space. The additional use of signs to identify any large blocks of compact parking spaces is encouraged. The random distribution of compact spa- ces or blocks of compact spaces throughout a parking lot is also encouraged. 5. Existing parking lots may provide for compact parking spaces under the provisions of this section provided that the parking lot shall comply with all provisions of this chapter except, that any parking lot which provides five (5�) percent of its area in landscaping shall be deemed to comply with all landscaping requirements. When determining the minimum dimensional requirements for standard and com- pact parking spaces oriented at an angle to the driveway or aisle serving them, the foll�wing figure shall be consulted. D. Off-street parking lots shall comply with the handicapped parking space requirements, and any other applicable requirements of Chapter 15.44 of the Auburn City Code. 18.52.100 Existing off-street parking reduction. Existing off-street parking facilities shall not be eliminated nor reduced to an amount less than that required for new buildings. 18.52.110 Fractional spaces. When units or measurements determining the number of required parking spaces result in requirements of a fractional space, any fraction up to one-half shall be disregarded, and fractions of one-half or over shall require one (1) parking space. 18.52.120 Parking in front or side yards - prohibited generally. On any lot in any RR, RS, R-1, R-2, R-3, and R-4 district, the off-street parking and loading space required by this chapter shall not be provided in the required front or side yard area except as otherwise specified in this chapter. 18.52.130 Off-street loading space. ' Buildings devoted to retail trade, retail and wholesale food markets, ware- houses, supply houses, wholesale and manufacturing trade, hotels, hospitals, 18.52-9 laundry, dry cleaning establishments or other buildings where large amounts of goods are received or shipped, shall provide loading and unloading space on the same premises as the building as follows: A. Building of six thousand (6,000) square feet or more of (1) off-street loading and unloading space plus one (1) street loading space for each twenty thousand (20,000) floor area. B. Each loading space shall be not less than ten (10) feet twenty-five (25) feet in length and fourteen (14) feet C. Loading space, exclusive of driveways and/or corridors shall not be considered as providing off-street parking 18.52-10 floor area, one additional off- square feet of in width, in height; leading thereto, space. Sections: 18.54.010 18.54.020 18.54.030 18.54.040 18.54.050 18.54.060 18.54.070 18.54.080 Chapter 18.54 NONCONFORMING STRUCTURES, LAND AND USES Intent. Continuance of nonconforming structures and uses. Use of nonconforming land. Nonconforming signs. Changes of use, tenancy, ownership or management. Maintenance, damage repairs and restorations, additions, enlargements and moving or relocation of nonconforming struc- tures. Abatement of nonconforming structures and uses. Amortization 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 setforth 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. 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 enlarge- ment 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 this Title, or any subsequent amendments to this Title, may be completed and used in accordance with the plans, specifications and 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. 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 effec- tive date of 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 Section 18.48.040(A). 18.54.040 Nonconforming signs. Nonconforming signs shall be subject to provisions of Chapter 18.56. 18.54-1 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 con- tinued nonconforming use may be changed to a use which, in the opinion of the Planning Director, is of the same or of a more restrictive nature. When the use of a nonconforming structure is hereafter changed to a more restric- tive 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 character of such nonconforming use except as authorized within this chapter. 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 replace- ment, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. B. No structural alterations, as defined by the Uniform Building Code, shall be made except as required by law or ordinance, provided that the cost of such work shall not exceed fifty (50%) percent of the assessed valuation of such structure as established by the most current King County Assessor's Tax Roll. C. A nonconforming structure having been damaged or partially destroyed to an extent not exceeding fifty (50�) percent of the assessed valuation of such structure as established by the most current King County Assessor's Tax Roll, may be restored to its original condition, as authorized by the City's Building Official, and its immediately preceeding or existing use at the time of partial destruction may be continued or resumed. Restoration shall begin within one (1) year and be completed within two (2) years of the date of partial destruction. If restoration is not started within one (1) year, then the reuse and occupancy of the structure shall conform to all the regu- lations 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. A nonconforming use, within a nonconforming structure, shall not expand into any portion of the nonconforming structure. E. Structures which are nonconforming as to percentage of site coverage, set- backs, building height or density shall not be enlarged unless such enlarge- ment 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 use, does not exceed 18.54-2 50X of the assessed value of the nonconforming use as established by the most current King County Assessors tax roll; and, the nonconforming use or structure is not expanded except as allowed by Section 18.54.060(H). 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 Section 18.70.020. 1. Strengthening or restoring to a safe condition any nonconforming struc- ture or part thereof which is declared to be unsafe or a hazard to the public by the order of a City Official charged with protecting the public safety, 2. Lessening a hazardous situation, nuisance or other adverse environmen- tal impact, 3. Bringing the structure or use into mcre conformance with this Title; 4. Adapting the structure to new technologies or equipme�t; 5. Improvements which do not increase the intensity of the nonconforming use. H. A nonresidential structure or use which becomes a legal nonconforming struc- ture or use after the effective date of this Title may be permitted, by means of a special exception issued by the Hearing Examiner pursuant to Section 18.70.020, to expand the existing use or structure up to 25X of the use or structure existing at the time of the adoption of this Title. Provided further that the addition otherwise meets the standards of this Title and other requirements of the City. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the City and the property owner. This section also does not allow the expansion of any nonconforming hazar- dous material storage. 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 regula- tions of the district in which structure or land is located. B. Any structure or portion of a nonresidential structure, or parcel of land occupied by a nonconforming use which becomes vacant and remains unoccupied for a continous period of one hundred eighty (180) days shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. Residential uses in comnercial or industrial zones which are unoccupied for more than 180 days may be allowed to reoccupy if a Special Exception is issued pursuant to Section 18.70.020. C. If a nonconforming structure sustains damage or destruction which exceeds fifty (50X) percent of the current assessed valuation of the structure as established by the King County Assessor's Office. 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 subsection shall not apply to single family dwellings. 18.54-3 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, which are located within an M-1 or B-P zone that are adjacent to a residential zone or are visible from an public street shall within 3 years, of the adoption of this Title, screen and landscape the outdoor storage pursuant to the requirements of Chapter 18.50, or the use be abated. 18.54-4 Sections: 18.56.010 18.56.020 18.56.030 18.56.040 18.56.050 18.56.060 18.56.070 18.56.080 18.56.090 18.56.100 18.56.110 18.56.120 CHAPTER 18.56 SIGNS Purpose. Definitions. Regulation by district. A. RR, RS, R1 B . R2 , R3 C. R4, R0, RMHP, P, I D. RO-H, CN E. C1, C2, BP F. C3, M1, M2, LF Special signs. A. Civic signs. B. Political signs. C. Real estate signs. D. Portable signs. E. Temporary signs. General provisions. A. Sign area, placement, additional frontage, additional signage. B. Projection, clearance and sight distance. C. Exposed angle iron and wire. D. Lighting provisions. E. Construction provisions. F. Change of copy. Exemptions. Prohibited signs. Nonconforming signs. Administrative provisions. Appeals and variances. Liability. Conflicts repealed. 18.56.010 Purpose. The overall purpose of this chapter is to enhance and maintain the aesthe- tic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the City. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the City's appearance. The purpose of this chapter is implemented by controlling the design, quality of materials, construction, location, use and maintenance of all signs and sign structures. 18.56.020 Definitions. The following definitions are specific to this chapter and are to be used only for the implementation of this chapter: 18.56-1 A. "Abandoned sign" means a sign that no longer correctly directs or exhorts any person, or advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises where such sign is located. B. "Changing message center" means an electronically controlled public ser- vice time and temperature sign; message center; or readerboard where dif- ferent copy changes of a public service or commercial nature are shown on the same lampbank. C. "Directional sign" means a sign which is located to guide or direct pedestrian or vehicular traffic to parking entrances, exits, and service areas, and may not exceed six (6) square feet in area or ten (10) feet in height. D. "Double-faced sign" means a sign with two (2) faces. E. "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. F. "Facade" means the entire building front, or street wall face, including grade to the top of the parapet or eaves, and the entire width of the building elevation. G. "Flashing sign" means an electrical sign or a portion thereof which changes light intensity in a sudden transistory burst, or which switches on and off in a constant pattern in which more than one-third (1/3) of the nonconstant light source is off at any one time. H. Freestanding sign means a sign attached to the ground and supported by uprights or braces placed on or in the ground. (Also called ground or pole sign.) Signs attached to fences or other structures that are not defined as buildings will be considered freestanding signs. I. "Frontage" means the-measurement of the length of the property line or building front. J. "Grade" means the relative existing ground level in the immediate vicinity of the sign. K. "Incidental sign" means a small sign of a non-commercial nature without advertising intended primarily for the convenience of the public and having a maximum area of two (2) square feet. Included are signs designating restrooms, hours of operations, entrances and exits to buildings and parking lots, help wanted, public telephones, etc. Also included are property control and warning signs such as "no trespassing," "no dumping," etc., and plaques, tablets or inscriptions which are an integral part of a building. L. "Mansard roof" means a sloped roof or roof-like facade architecturally able to be treated as a building wall. M. Marquee means a permanent structure attached to, supported by, and pro- ,� jecting from a building and providing protection from the weather elements. For the purpose of this chapter, a freestanding, permanent roof-like struc- ture providing protection from the elements, such as a service station gas pump island, will also be considered a marquee. The term marquee also includes canopy. N. Marquee sign means any sign which forms part of or is integrated into a � marquee and which does not extend horizontally beyond the limits of such marquee. For the purpose of this chapter a marquee sign will be considered as a wall sign. 0. "Multiple-building complex" means a group of comnercial or industrial struc- tures. P. "Multiple-tenant building" means a single structure housing more than one (1) retail business, office or comnercial venture but not including residen- tial apartment buildings, which share the same lot, access and/or parking facilities. 18.56-2 Q. "On-premises sign" means a sign which carries advertisements incidental to a lawful use of the premises on which it is located, including signs indi- cating the business transacted at, services rendered, goods sold or produced on the premises, name of the person, firm or corporation occupying the pre- mises. R. "Off-premises sign" means any sign which advertises an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property on which said sign is located. S. "Parapet" means a false front or wall extension above the roof line. T. "Perimeter" means a square or rectangle required to enclose the sign area. U. "Political sign" means a temporary sign which advertises a candidate(s) for public elective office or urges a particular vote on a ballot measure in a pending public election whether local, state or national. V. "Portable sign" means any sign made of any material, including paper, card- board, wood or metal, which is capable of being moved easily and is not per- manently affixed to the ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person. W. "Premises" means the real estate as a unit, which is involved by the sign or signs mentioned in this chapter, X. "Principal street frontage" means the principal street which the sign fronts upon. If the business establishment fronts upon more than one street, the sign applicant may choose which street frontage the measurements for sign area are to be based upon. Y. "Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building face. Z. "Real estate sign" means a portable sign erected by the owner, or his agent, advertising the real estate upon which the sign is located for rent, lease or sale, or directing people to the property. AA. "Revolving sign" means any sign which rotates or turns in motion by electri- cal or mechanical means in a circular pattern and does not exceed eight (8) revolutions per minute. BB. "Roofline" means the top edge of a roof or parapet or the top line of a building silhouette. CC. "Roof sign" means a sign erected upon or ab�ve a roof or parapet of a building or structure. Mansard roof signs shall be considered as wall signs. DD. "Sign" means any visual communication device, structure, or fixture which is visible from any right of way intended to aid the business establishment in question in promoting the sale of a product, goods or service using graphics, symbols or written copy. For the purpose of this chapter, a sign shall not be considered to be building or structural design. It shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aformentioned way. EE. "Sign area" means: 1. The total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework which contains no written copy, and includes only one (1) side of a double-faced sign. 2. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each indi- vidual letter shall be considered the total area of the sign. 3. Module signs consisting of more than one (1) sign cabinet shall be com- puted by adding together the total area of each module. 18.56-3 4. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. FF. "Sign height" means the vertical distance measured from the adjacent grade to the highest point of the sign. GG. Sign structure means any structure which supports or is capable of sup- � porting any sign as defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. HH. "Single tenant building" means a commercial building or structure that con- tains one enterprise or occupant and is generally under one ownership, Buildings within a multi-building complex may not be considered a single tenant building. � II. "Temporary building sign" means a sign erected and maintained, on premises undergoing construction, by an architect, contractor, subcontractor, and/or material man upon which property such individual is furnishing labor or material, JJ. "Temporary sign" means any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. Signs painted upon window surfaces which are readily removed by washing shall be considered temporary signs. KK. "Under-marquee sign" means a sign which is attached to and suspended from a marquee but does no�t extend beyond such marquee. LL. "Wall sign" means a sign attached or erected parallel to and extending not more than eighteen (18) inches from the facade or face of any building to which it is attached and supported through its entire length, with the exposed face of the sign parallel to the plane af said wall or facade. 18.56.030 Regulation By District. No sign of any type shall be permitted to be"constructed, erected, or placed within any zoning district unless it is listed as a permitted sign within the zone or listed as an exemption in Section 18.56.060. A. Permitted signs in RR, RS, and R1 zones: 1. Real estate: see Section 18.56.040 (C); 2. Home occupation: see Section 18.60.020 (H); 3. Political: see Section 18.56.040 (B); 4. Temporary building: one (1) sign per project not to exceed sixteen (16) square feet in total area; 5. Permanent development sign: one (1) per entrance not to exceed fifty (50) square feet in area and ten (10) feet in height; 6. Freestanding: -(non-residential uses only) one (1) sign per street fron- tage with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed fifty (50) square feet per face and ten (10) feet in height; 7. Wall: (non-residential uses only) more than one (1) allowed with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed fifty (50) square feet total for all wall signs. B. Permitted signs in R2 and R3 zones: 1. Real estate:'see section 18.56.040 (C); 2. Home occupation: see section 18.60.020 (H); 3. Political: see section 18.56.040 (B); 18.56-4 4. Temporary building: one (1) sign per project not to exceed sixteen (16) square feet in total area; 5. Permanent development sign: one (1) per entrance not to exceed fifty (50) square feet in area and twelve (12) feet in height; 6. Freestanding (non-residential uses only): a. Single tenant building: One (1) sign per street frontage with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed fifty (50) square feet per face and twelve (12) feet in height; b. Multi-tenant building and multi-building complex: One (1) sign per street frontage with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, n�t to exceed seventy-five (75) square feet per face and twelve {12) feet in height. 7. Wall: (non-residential uses only) a. Single tenant building: More than one (1) allowed with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed fifty (50) square feet total for all wall signs; b. Multi-tenant building and multi-building complex: Each leased space may be allowed outside wall signage with a maximum sign area calculated at one (1) square foot per lineal foot of leased fron- tage not to exceed fifty (50) square feet of total wall signs per each leased space. The owner/manager shall be responsible for the placement of the signs. 8. Any sign may be indirectly illuminated, only. C. Permitted signs in R4, R0, RMHP, P and I zones: 1. Real estate: see Section 18.56.040 (C); 2. Home occupation: see Section 18.60.020 (H); 3. Political: see Section 18.56.040 (B); 4. Directional; 5. Temporary building: one (1) sign per project not to exceed thirty-two (32) square feet in total area; 6. Freestanding: a. Single tenant building: One (1) sign per street frontage with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed one hundred (100) square feet per face and thirty (30) feet in height; b. Multi-tenant building and multi-building complex: One (1) sign per street frontage with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed one hundred twenty-five (125) square feet per face and thirty (30) feet in height. 7. Wall: a. Single tenant building: More than one (1) allowed with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed one hundred (100) square feet total for all wall signs; b. Multi-tenant building and multi-building complex: Each leased space may be allowed outside wall signage with a maximum sign area calculated at one (1) square foot per lineal foot of leased fron- tage not to exceed one hundred (100) square feet of total wall signs per each leased space. The owner/manager shall be respon- sible for the placement of the signs. 8. Any sign may be indirectly illuminated, only. 18.56-5 D. Permitted signs in RO-H and CN zones: 1. Real estate: see Section 18.56.040 (C); 2. Political: see Section 18.56.040 (6); 3. Directional; 4. Temporary building: one sign per project not to exceed thirty two (32) square feet in total area; 5. Temporary window signs: see Section 18.56.040 (E)(2); 6. Temporary signs, external to a building: see Section 18.56.040 (E)(1), this provision does not allow pennants; 7. Portable: see Section 18.56.040 (D); 8. Freestanding: a. Single tenant building: One (1) sign per street frontage with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed one hundred twenty-five (125) square feet per face and thirty (30) feet in height; b. Multi-tenant building and multi-building complex: One (1) sign per street frontage with a maximum sign area calculated at one and one- half (lu2) square feet per each lineal foot of frontage, not to exceed one hundred fifty (150) square feet per face and thirty (30) feet in height. 9. Wall: a. Single tenant building: More than one (1) allowed with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage, not to exceed one hundred twenty-five (125) square feet total for all wall signs. b. Multi-tenant building and multi-building complex: Each leased space may be allowed outside wall signage with a maximum sign area calculated at one (1) square foot per lineal foot of leased fron- tage not to exceed one hundred twenty-five (125) square feet of total wall signs per each leased space. The owner/manager shall be responsible for the placement of the signs. 10. Marquee: One (1) double face under marquee sign, not exceeding six (6) square feet per face may be allowed for each business entrance. There shall be a minimum of eight (8) feet of clearance between the grade and the sign. 11. Any sign may be either indirectly or directly illuminated. E. Permitted signs in C1, C2, and BP zones: 1. Real estate: see Section 18.56.040 (C); 2. Political: see Section 18.56.040 (B); 3. Directional; 4. Temporary building: one (1) sign per project not to exceed thirty-two (32) square feet in total area; 5. Temporary window: see Section 18.56.040 (E)(2} 6. Temporary, external to a building: see Section 18.56.040 (E)(1), this provision does not allow pennants; 7. Portable: see Section 18.56.040 (D); 8. Freestanding: a. Single tenant building: One (1) sign per street frontage with a maximum sign area calculated at one (1) square foot per each lineal foot of frontage not to exceed one hundred fifty (150) square feet per face and thirty-five (35) feet in height. b. Multi-tenant building and multi-building complex: One (1) sign per street frontage with a maximum sign area calculated at one and one- half (11/2) square feet per each lineal foot of frontage not to 18.56-6 exceed one hundred seventy-five (175) square feet per face and thirty-five (35) feet in height. 9. Wall: a. Single tenant building: More than one (1) allowed with a maximum sign area calculated at one and one half (lU�) square feet per each lineal foot of frontage, not to exceed one hundred fifty (150) square feet total for all wall signs; b. Multi-tenant building and multi-building complex: Each leased space may be allowed outside wall signage with a maximum sign area calculated at one and one-half (11/�) square feet per lineal foot of leased frontage not to exceed one hundred fifty (150) square feet of total wall signs per each leased space. The owner/manager shall be responsible for the placement of the signs. 10. Projecting and roof: One (1) projecting or one (1) ro�f sign may be allowed in lieu of an allowed freestanding sign with the sign area not to exceed fifty (50%) percent of that allowed for the freestanding sign. Roof signs are not allowed in the C-2 zone and projecting signs may only project a maximum of twenty-four (24) inches from the building face in the C-2 zone. 11. Marquee: One (1) double face under marquee sign, not exceeding six (6) square feet per face may be allowed for each business entrance. There shall be a minimum of eight (8) feet of clearance between the grade and the sign. 12. Any sign may either be indirectly or directly illuminated. 13. Revolving freestanding on-premise signs are permitted. F. Permitted signs in C-3, M-1, M-2, and LF iones: 1. Real estate: see Section 18.56.040 (C); 2. Political: see Section 18.56.040 (B); 3. Directional; 4. Temporary building: one (1) sign per project not to exceed thirty-two (32) square feet in total area; 5. Temporary window: see Section 18.56.040 (E)(2); 6. Temporary, external to a building: see Section 18.56.040 (E)(1); 7. Portable: see Section 18.56.040 (D); 8. Freestanding: a. Single tenant building: One (1) sign per street frontage with a maximum sign area calculated at one and one half (11/2) square feet per each lineal foot of frontage not to exceed two hundred (200) square feet per face and not to exceed forty five (45) feet in height. b. Multi-tenant building and multi-building complex: One (1) sign per street frontage with a maximum sign area calculated at one and one half (11/2) square feet per each lineal foot of frontage not to exceed two hundred fifty (250) square feet per face and not to exceed forty-five (45) feet in height. 9. Wall: a. Single tenant building: More than one (1) allowed with a maximum sign area calculated at two (2) square feet per each lineal foot of frontage, not to exceed two hundred (200) square feet total for all wall signs. b. Multi-tenant building and multi-building complex: Each leased space may be allowed outside wall signage with a maximum sign area calculated at two (2) square feet per lineal foot of leased fron- tage not to exceed two hundred (200) square feet of total wall 18.56-7 signs per each leased space. The owner/manager shall be respon- sible for the placement of the signs. 10. Projecting and roof: One (1) projecting or one (1) roof sign may be allowed in lieu of an allowed freestanding sign with the sign area not to exceed fifty (50%) percent of that allowed f�r the freestanding sign. 11. Marquee: One (1) double face under marquee sign, not exceeding six (6) square feet per face may be allowed for each business entrance. There shall be a minimum of eight (8) feet of clearance between the grade and the sign. 12. Freestanding off-premise signs which are local serving are permitted as follows: a. The sign shall be located no further than five hundred (500) feet from the business establishment the sign is intended to advertise. b. No such sign shall be located closer than one hundred fifty (150) feet to any residential zone, and shall not interfere with or obstruct the view from any residential zone. c. No such sign shall obstruct the visibility of any on-premises signs. d. There shall be a minimum distance of one hundred fifty (150) feet between any two (2) off premise signs, except that double faced signs with the faces in opposite directions may be permitted. Those signs for which a permit was first issued shall be used to establish the minimum distance. e. Such signs shall not exceed a height equal to one (1) foot for each foot of setback, not to exceed thirty (30) feet, and in no case shall the setback be less than twenty (20) feet, measured from any street right of way. f. No such sign shall be allowed to exceed one hundred fifty (150) square feet of sign area per sign face. g. Such signs may have two (2) faces only, back to back, no "V" shaped or similar shaped signs are permitted. 13. Any sign may either be indirectly or directly illuminated. 14. Revolving freestanding on-premise signs are permitted. 18.56.040 Special Signs. A. Civic signs: The Building Official may approve and permit to be erected entrance signs, at or near the City limits, on private property with the owner's permission, on which may be listed institutional names, or points of interest. The total area of such sign shall not exceed twenty-f�ur (24) square feet per face or twelve (12) feet in height. Such sign shall not be placed so as to cause a traffic hazard, and shall be approved as to placement by the City Engineer. B. Political signs: 1. Political signs shall not be placed upon public streets, public pro- perty, highways, or rights of way within the corporate limits of the City. Signs placed on private property require permission of property owner. 2. Political sig�s shall be removed within fourteen (14) days after the election, except that a candidate who wins a primary election may con- tinue to display political signs until fourteen (14) days after the general election. 18.56-8 3. Political signs less than sixteen (16) square feet shall not be required to have a permit or pay a fee. No other regulations apply except as outlined in subsection 1. 4. Political signs sixteen (16) square feet or larger shall be limited to one (1) sign per candidate or issue, on a private lot and shall be regulated as follows: no person, association, corporation, or organi- zation shall place, construct, erect, or install any political or cam- paign sign of any kind or nature in any election, upon any vacant property or abandoned vehicle or machinery placed on vacant property unless a permit has been secured from the Building Official and the following information supplied: a. Number of signs, b. Location, c. Written permission from property owners, d. Size of signs. 5. Political signs in excess of thirty-two (32) square feet shall conform to the provisions of the off-premises signs, section 18.56.070 (F)(12) excepting subsection a. C. Real estate signs: No sign permit is required, except as provided in paragraph 6 below. All exterior real estate signs must be of w�od or plastic or other durable material. The permitted signs are as follows: 1. Residential "for sale" and "sold" signs: Such signs shall be limited to one (1) sign per street frontage not to exceed five (5) square feet in sign area per side, placed entirely on the property for sale, and not to exceed a height of seven (7) feet. 2. Residential directional "open house" signs: Such signs shall be limited to one (1) sign per street frontage on the premises for sale and three (3) off-premises signs. However, if a broker/agent has more than one house open for inspection in a single development or sub- division, he is limited to four (4) off-premises "open house" signs in the entire development or subdivision. Such signs are permitted only during daylight hours and when the broker/agent or seller or an agent is in attendance at the property for sale. No such sign shall exceed five (5) square feet in sign area per side. The sign may be placed along the periphery of a public right-of-way, provided it does not interfere with traffic safety, but it may not be attached to a utility pole or traffic safety device. 3. Undeveloped comnercial and industrial property "for sale or rent" signs: One (1) sign per street frontage advertising undeveloped com- mercial and industrial property for sale or for rent is permitted while the property is actually for sale or rent. The sign shall not exceed thirty-two (32) square feet in sign area per side and eight (8) feet in height. 4. Developed commercial and industrial property "for sale or rent" signs: One (1) sign per street frontage advertising a commercial or industrial building for rent or sale is permitted while the building is actually for rent or sale. If one face of the building is less than ten (10) feet from the building line, the sign shall be placed on the building or in a window. The sign shall not exceed eight (8) feet in height, if freestanding, it shall be located more than fifteen (15) feet from any abutting property line and a public right-of-way line. Said sign shall not exceed thirty-two (32) square feet in sign area per side. 18.56-9 � E. 5. Undeveloped residential property "for sale" signs: One (1) sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding thirty-two (32) square feet in area per side, nor exceeding a height of eight (8) feet. If the sign is greater than five (5) square feet in area, it must be placed more than thirty (30) feet from the abutting property line. 6. Additional signs: The Hearing Examiner may grant a special permit to allow temporary off-premise signs in addition to those permitted above, not to exceed five (5) square feet in size per side, or forty-two (42) inches in height. Notice of adjacent property owners shall not be required. Such additional signs may be used to advertise open houses, to provide directions to new developments, or similar purposes. Such signs may be placed along the periphery of the public right-of-way, provided they do not interfere with traffic safety, but they may not be attached to utility poles or traffic safety devices. The Hearing Examiner shall determine the number and locations of such signs, and the period during which they may be displayed. The Hearing Examiner shall take into account the number of existing signs in any proposed location, and shall limit or prohibit new ones so as to prevent a traf- fic safety hazard or a detrimental effect on neighboring property. Portable signs: One (1) portable sign may be allowed per each business subject to the following: 1. May not be placed within public right of way nor interfere with pedestrian or vehicular traffic; 2. May not be placed in landscaped areas; 3. May not exceed nine (9) square feet per face and be limited to two (2) faces; 4. May be displayed during business hours only; 5. Existing portable signs which do not comply with these provisions will have one (1) year, from the adoption date of this chapter, to comply with these provisions; 6. Sign permits are not required. Temporary signs: 1. Temporary signs, banners, posters, flags, pennants, and balloons which are intended to announce the opening of a new business, celebrate busi- ness anniversaries, announce major sales, or advertise other similar events may be allowed subject to the following: a. No more than four (4) such signs may be allowed per calendar year and there must be sixty (60) days between the placement of the signs. b. No such sign shall remain up for more than fifteen (15) days. c. The total sign area shall not exceed thirty (30) square feet. d. Permits are not required except as outlined in subsection (1)(e). e. Signs which exceed the allowable size and time duration must receive a permit issued by the Hearing Examiner if special cir- cumstances exist that warrant the additional signage. 2. Temporary signs to be displayed within a window may be allowed subject to the following: a. The total sign area shall not exceed fifty (50) percent of the win- dow area in which case there shall be no time restrictions on the display. b. For those signs which exceed fifty (50) percent of the window area there shall be a time limitation of fifteen (15) days for such 18.56-10 signs. These signs shall occur no more than four (4) times per year and there must be a minimum of sixty (60) days between the placement of such signs. c. Permits are not required except as outlined in subsection (1)(e). d. Signs which exceed the allowable size and time duration must receive a permit issued by the Hearing Examiner if special cir- cumstances exist that warrant the additional signage. 3. Street banners of a non-political nature advertising civic events spon- sored by a non-profit organization may be installed at a predesignated location within the 200 block of East Main Street for a period not exceeding tw� (2) weeks in duration, Requests to install banners shall be made by application to the City Engineer who shall have the authority to administer the issuance of any such permits. The applica- tion shall be made on forms provided by the City Engineer, and issuance of any of such permit shall be subject to insurance requirements, bond requirements, hold harmless agreements, and other administrative details as administered by the City Engineer. 18.56.050 General Provisions. A. Sign area, placement, additional frontage, additional signage: 1. The allowable sign area shall be calculated by using the building frontage or lot frontage, whichever is greater. 2. The business person may place the sign or signs any place on the business establishment or lot; however, freestanding signs must be located entirely upon private property and shall not project over public right of way. 3. In order to encourage the setting back of freestanding signs an addi- tional 1.25 percent of sign area may be added, for each one (1) foot of set back provided, up to a maximum of twenty-five (25%) percent. 4. Off-premise freestanding signs will have a twenty (20) foot set back measured from any street right of way. No bonuses of sign area will be allowed for additional set back. 5. Corner locations or locations with frontage on more than one (1) street are permitted one (1) additional sign for the additional street fron- tage, provided, that no freestanding sign shall be located closer than one hundred (100) feet to another freestanding sign on the same lot. Such secondary signs shall be limited to an area not greater than fifty (50%) percent of the area allowed for the same type of sign on the main street frontage. The additional signs must be placed to be primarily viewed from the secondary street and not placed to add additional signs to the principal street frontage. 6. On a business, multi-tenant building, or multi-building complex with total frontage on the main street of more than three (300) hundred feet, the business shall be allowed one (1) additional freestanding sign for each three hundred (300) feet of frontage, not to exceed one hundred fifty square feet per face. Each sign shall be placed one hundred fifty (150) feet apart. This shall only apply to commercial or industrial zoned property. 7. The area of a sign may be increased up to twenty-five (25X) percent when only one (1) sign is used, provided that all other sections of this chapter are complied with. 18.56-11 B. Projection, clearance and sight distance: 1. No projecting sign shall project more than six (6) inches above or over the wall, roof line or parapet of the building to which it is attached. 2, Projecting signs may not project more than five (5) feet from the pro- perty line or building face and must be a minimum of two (2) feet from a curb unless otherwise specified by this chapter, and shall conform to Section 403 of the Uniform Sign Code. Projecting signs within the C-2 zone may only project twenty four (24) inches from the building face. 3. All projecting signs over the public right of way must be a minimum of eight (8) feet above the sidewalk except when located in an alley or in an area where motor trucks may be required to pass, in which case the minimum vertical clearance shall be fourteen (14) feet and conform to Section 403 of the Uniform Sign Code. 4. Roof signs may not extend more than five (5) feet in height above the roof . 5. Signs must meet vehicular sight distance requirements established by the City Engineer pursuant to Section 18.48.020(B). C. Exposed angle iron and wire: When a projecting or roof sign is used, no angle irons, guy wires or braces shall be visible, except those that are an integral part of the overall design, such as decorative metals or woods, or unless they are required for safety. D. Lighting provisions: 1. All lighting shall be arranged to reflect away from any residential zone as well as no person shall construct, establish, create or main- tain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street, highway or other public thoroughfare used for vehicular traffic which system contains or utilizes: a. Any exposed incandescent lamp with a wattage in excess of twenty- five (25) watts, b. Any exposed incandescent lamp with an internal metallic reflector, c. Any exposed incandescent lamp with an external reflector, d. Any revolving beacon light, e. Any continuous or sequential flashing operation in which more than one-third of the lights are turned off at any one time and/or which uses light of more than twenty-five (25) watts. 2. These provisions shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation, traffic, or high- way or street illumination, b. Aircraft warning lights, c. Electronic information systems which display the time of the day and/or the atmospheric temperature or programmable electronic messages of a public service or commercial nature, E. Construction provisions: 1. Each sign shall be adequately constructed in accordance with the requirement of the Uniform Building and Sign Codes, as amended; 2. Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and all state laws, and shall include an approved testing lab sticker. F. Change of copy: The holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to pay any additional fees. 18.56-12 18.56.060 Exemptions. The following are exempt from the provisions of this chapter: A. Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; B. Temporary signs and decorations customary for special holidays erected on private property; C. Religious symbols; D. Memorial signs or tablets, names of building, dates of erection and the like; E. Signs required by law, traffic or pedestrian control signs, scenic or historic points of interest, which are erected by of a public officer in the performance of his public duty; F. Sculptures, fountains, mosaics, and design features which do advertising or identification; G. The flag of a government or noncommercial institutions such the poles treated as structures; H. Official public notices, official court notices; I. Incidental signs; J. Signs not intended to be viewed from street right of way; K. Lettering or symbols painted directly onto or flush mounted onto an operable vehicle. signs indicating or on the order not incorporate as schools, with magnetically 18.56.070 Prohibited Signs. From and after the effective date of this chapter it shall be unlawful for any person to erect or place within the City: A. A swinging projecting sign; B. Strings of lights, banners, balloons, pennants, ribbons, streamers, spin- ners, rotating or blinking lights, or similar devices, except as permitted by Section 18.56.040 (E); C. Flashing signs, except as permitted in Section 18.56.050 (D); D. Signs attached to, or placed on, a vehicle or trailer parked on private or public property. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal course of business. This does not include automobile for sale signs or signs attached to franchised buses or taxis; E. Private signs placed in or on a public right of way; F. Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets,�roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians which by glare or method of illumination constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as to inter- fere with, mislead, or confuse traffic; G. Any sign or advertising structure or supporting structure which is torn, damaged, defaced or destroyed. H. Any sign, including the sign structure, now or hereafter existing which no longer advertises a bonafide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign may be found within ninety (90) days after written notification from the Building Official. 18.56-13 I. Signs attached to utility poles, trees, rocks or other natural features; J. Signs attached to benches on public right of way. 18.56.080 Nonconforming Signs. Permanent signs established legally prior to the adoption of this chapter that do not conform to the regulations of this chapter with regard to number, size, height or location shall be allowed to remain as legal non-conforming signs until the sign is removed, structurally or electrically changed, or moved. In such cases the sign shall be treated as a new sign. 18.56.090 Administrative Provisions. A. Permits required: No sign shall hereafter be erected, reerected, constructed, altered, or maintained, except as provided by this chapter and, when required, a building permit for the same has been issued by the Building Official. A separate permit shall be required for a sign or signs for each business entity and/or a separate permit shall be required for each group of signs on a single supporting struc- ture. 1. Application for permits: Application for sign permits shall be made 2. 3. to the Building Official on a form as provided by the Building � Division. Such application shall require: a. Name of business and address where work is to be performed; b. Name and title of the person completing the application; c. Name and address, telephone number of the person or firm doing the work and preferably the owner of said establishment; d. Washington contractors registration number, industrial use permit number, sales tax number; e. A site plan showing location of the sign in relation to buildings, property lines and street right of way including the size and loca- tion of all existing signs on the property; f. A scale drawing of the proposed sign or sign revision showing size, height, copy, structural and footing details, and material specifications; g. A description of work to be performed and type of sign; h. Electrical load with name of electrical contractor responsible for installation of service feed wires if other than sign contractor. i. Structural engineer's stamp required on those signs and sign struc- tures subject to wind and seismic forces. Revocation of permit: The Building Official may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this chapter. Permit fee schedule: The fees prescribed in the City's fee schedule must be paid to the City for each sign installation for which a permit is required by this chapter and must be paid before any such permit is issued by the Building Official. Fees for building permits for each sign erected, installed, affixed, structurally altered, relocated, or created by painting shall be set in accordance with the City's fee schedule. 18.56-14 6. Interpretation: In all applications for permits where a matter of interpretation arises, the most restrictive definition shall prevail. 18.56.100 Appeals and Variances. Yariances to the ordinance and appeals from decisions of the Building Official shall be made to the Hearing Examiner. A. Appeals of administrative decisions with regard to this chapter shall be processed in a manner consistent with Section 18.70.050. B. In a petition for a variance, the Hearing Examiner shall have the power and duty to hear, decide, grant, grant with conditions, or deny the requested variance after a public hearing has been held pursuant to Section 18.70.040. The Examiner may grant a variance from the provisions of this chapter only when all of the following findings of fact are met: 1. The literal interpretation and strict application of the provisions and requirements would cause undue and unnecessary hardship because of uni- que or unusual conditions pertaining to the specific building, parcel or property in question; and 2. The granting of the requested variance would not be materially detrimen- tal to the public welfare or injurious to the property or property owners in the vicinity; and 3. The unusual conditions applying to the specific property do not apply generally to other properties in the City; and 4. The granting of the variance would not be contrary to the general objec- tive and intent of this chapter, this Title, or the Comprehensive Plan. The action of the Hearing Examiner rejecting, approving or modifying any deci- sion or application is final, subject to appeal to the City Council. 18.56.110 Liability This chapter shall not be constituted to relieve from or lessen the respon- sibility of any person owning, building, altering, constructing, removing or moving any sign in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized herein or a certificate of inspection issued by the City or any of its agents. 18.56.120 Conflicts Repealed. All sections or parts of sections of the municipal code, all ordinances and all resolutions or parts of resolutions, in conflict herewith, be and the same, are repealed to the extent of such conflict. 18.56-15 Sections: 18.58.010 18.58.020 18.58.030 18.58.040 18.58.050 18.58.060 18.58.070 18.58.080 18.58.090 18.58.100 18.58.110 Chapter 18.58 PERFORMANCE STANDARDS General. Noise. Glare. Storage and handling of flammables. Electrical interference. Odorous gases and matter. Smoke and particle matter emissions. Dust, dirt, fly ash or airborne solids. Waste storage. Toxic gases and matter. Vibration. 18.58.010 General. The following performance standards specifically govern industrial, manu- facturing, processing, assembly and similar type uses typically found within the industrial zones. These standards may also apply to other uses and activities in other zones, which are not otherwise governed by other regulations of the Auburn City Code. 18.58.020 Noise. The noise emanating from the premises of industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency or shrillness, and shall not exceed those standards as determined by Washington Administrative Code (WAC 173-60) as amended. 18.58.030 Glare. Exterior lighting shall not be used in such a manner that it produces glare on public streets and neighboring property. This restriction also applies to any other non-residential zone or use adjacent to single family zones. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the property line of the use creating the glare. 18.58.040 Storage and handling of flammables. In terms of fire and safety hazards, the storage and handling of flammable liquids, combustible liquids, liquified petroleum gases and explosives shall comply with rules and regulations falling under the jurisdiction of the City of Auburn, State of Washington and Federal Agencies. Bulk storage of flammable liquids shall be below ground and the installation shall be in accordance with all applicable local and state requirements. Bulk storage is defined as any single tank or combination of tanks which contains a capacity of more than 660 U.S. gallons. The tank shall be located no closer to the property line than the greatest dimension (diameter, length or height) of the tank. 18.58-1 18.58.050 Electrical interference. Provisions must be made for necessary shielding or other preventive measures against interference occasioned by mechanical, electrical and nuclear equipment uses or processes with electrical apparatus in nearby buildings or land uses. 18.58.060 Odorous gases and matter. The emission of odorous gases or matter in such quantities as to be readily detectible, without special instruments, at any point beyond the property line of the use creating the odors, is prohibited. 18.58.070 Smoke and particulate matter emissions. No emissions shall exceed the allowances set forth by the Environmental Protection Agency, the Washington State Department of Ecology and/or the Puget Sound Air Pollution Control Agency. 18.58.080 Dust, dirt, fly ash, or air-borne solids. No observable dust, dirt, fly ash or other air-borne solids shall be emitted except as related to construction activity or permitted in Chapter 18.62, Surface Mining. 18.58.090 Waste storage. Storage of animal or vegetable wastes which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view, from eye level, beyond the property line of the use storing the waste. 18.58.100 Toxic gases and matter. No emissions of toxic gases or matter shall be permitted. 18.58.110 Yibration. Yibration which is easily discernible, without special instruments at any point beyond the property line, is prohibited. This shall not apply to vibra- tion caused by highway vehicles, trains, aircraft or construction activities. 18.58-2 Sections: 18.60.010 18.60.020 18.60.030 18.60.040 18.60.050 Chapter 18.60 HOME OCCUPATIONS Purpose. Requirements. Exemptions. Special home occupation permits. Termination. 18.60.010 Purpose. The purpose of a home occupation is to allow certain activities to be under- taken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation is to be con- ducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations or odors. 18.60.020 Requirements. Home occupations are required to have a Business Registration as issued by the City Clerk, comply with all City codes and ordinances, and shall be con- sistent with the following provisions: A. Only members of the immediate family residing on the premises may be employed; B. No inventory is kept (other than incidental supplies necessary for and con- sumed in the conduct of such home occupation) or commodities sold other than those produced on the premises. Samples may be kept but not sold on the premises. Items commonly collected or traded, and occasionally sold by hobbyists such as coins, stamps, antiques, etc. may be considered to be exempt from this provision, as long as all other requirements of home occupations are met; C. No mechanical equipment is used except such as is customarily used for domestic, household or personal purposes (or as deemed similar in terms of power and type); D. Not more than one-fourth of the floor area of any building is devoted to such occupation, except accessory buildings which are used for no other purpose; E. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; F. Shall not involve the use of comnercial vehicles for the distribution of materials from the premises; G. The conduct of any home occupation, including but not limited to the stor- age of goods and equipment, shall not reduce or render unusable, areas pro- vided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to Section 18.60.040; H. Only one sign is permitted, 1 square foot in area, non-illuminated, and attached to a building; 18.60-1 I. No display pertaining to the occupation, other than the one permiitted sign is visible from the street or adjacent residences; J. No more animals are maintained on the premises than what may othErrwise be permitted in the zone; K. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the usE� of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations or odors. 18.60.030 Exemptions. A. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic produ��ts, and other like uses do not need to comply with the requirements of 1J3.60.020 as long as the use does not operate for more than twenty (20) days in any one (1) calendar year or in violation of any other provisions of the Auburn City Code. To qualify for this exemption, garage and yard sales must involve only the sale of household goods, none of which were purchased f��r the pur- pose of resale. 18.60.040 Special home occupation permit. � A. Special home occupation permits are required and must be granted by the Hearing Examiner for the following uses, even if the use meets all eleven (11) of the requirements of section 18.60.020. 1. Automobile repair and rebuild; 2. Personal service shops; 3. Music and dancing studios; 4. Craft classes; 5. Home occupations that can only meet 9 or 10 of the 11 requirements as outlined in Section 18.60.020. B. In considering applications for special home occupation permits, the Hearing Examiner shall consider the nature and conditions of all adjacent uses and structures, and no such special home occupation permit shall be authorized by the Hearing Examiner unless the Hearing Examiner finds that the authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the authc�rization of such special home occupation permit will be consistent with the spirit and purpose of this Title. In authorizing a special home occupa�tion permit, the Hearing Examiner may impose such requirements and conditions� with respect to location, installation, construction, maintenance ancl operation and extent of open spaces in addition to those expressly set for�th in this Title, as may be deemed necessary for the protection of other pr�operties in the zone or vicinity and the public interest. C. A public hearing shall be conducted on all applications for a special home occupation permit. The hearing shall be held in the same manner as provided in Section 18.70.040. 18.60.050 Termination. The Hearing Examiner may terminate any home occupation if he firids, not- withstanding any provision of this chapter, that the use is being conducted in a manner which is detrimental to the public health, safety or welfare., or adver- 18.60-2 sely affects the residential qualities of adjacent properties. In making such findings, the Hearing Examiner shall hold a public hearing in the same manner as provided in Section 18.70.040. 18.60-3 Chapter 18.62 SURFACE MINING Sections 18.62.010 Intent. 18.62.020 Scope. 18.62.030 Permit. 18.62.040 Surface mining standards. 18.62.050 Reclamation plan. 18.62.060 Non-conforming mining sites. 18.62.070 Revocation of permits. 18.62.010 Intent. The intent of this chapter is to respond to the regional need for• the aggre- gate resources located in the City in a manner which enhances, rather• than detracts from, the orderly development of the City; to establish man�igement policies which rigidly control the operation of all pits in the City„ in order to reduce the inherent adverse impacts that such activities produce ;in an urban environment, and to provide a process which may allow the surface mir►ing of materials to include coal, clay, stone, sand, gravel, metallic ore, t:op soil or similar solid materials. 18.62.020 Scope. This chapter shall regulate all surface mining of materials with the excep- tion of: A. Excavation for the construction of public facilities and appurtenances for water, sanitary sewer, streets, and other underground utilities; B. Cemetery graves; C. Excavation for basements or footings which is permit ; D. Excavation of materials which does not exceed yards over the lifetime of the property. This owner/operator from securing a grading permit prior to excavation; part of a valid bu�ilding one thousand (1�00;� cubic shall not precludE� the from the Building Division, E. Excavation of materials in order to maintain drainage or floodwa.� facili- ties. 18.62.030 Permit. Any surface mining of material shall only be allowed after a surface mining permit has been issued, after proper public hearings, and an ordinance adopted by the City Council. If a request for a surface mining permit does not require a rezoi�e, then the permit shall be heard by the Hearing Examiner in accordance with the provisions of Chapter 18.66. The Hearing Examiner shall make a recommendation �to the City Council. If a request for a surface mining permit also requires a rezone, the two applications shall be processed concurrently and shall be heard by either the Hearing Examiner or Planning Commission in a manner consistent with :5ection 18.68.030. 18.62-1 A. Application: All requests for a surface mining permit, including new operations, renewals or extensions of existing operations, shall be accompanied by an application and shall contain the following; 1. Phasing plan. A phasing plan shall be submitted with the application which indicates how the material can be removed in phases and how the subsequent rehabilitation will occur. 2. Soils report. Each application shall be accompanied by a current, within 180 days, soils report, prepared by a licensed soils engineer. The report shall contain data regarding the nature, type, distribution and strength of materials and a statement that the site contains material of a comner- cial quality and quantity. 3. Storm drainage and erosion control plan. A conceptual storm drainage and erosion control plan shall be submitted with each application and shall be approved by the Public Works Department prior to the mining permit being approved. A final plan must be approved prior to any materials being removed. 4. Haul routes. A haul route plan shall be submitted with each application w�hich shall illustrate which public streets will be used. 5. Oust control. A dust control plan shall be submitted which shows how dust will be controlled within the mining site and on the public streets. 6. Rehabilitation plan. A rehabilitation plan shall be submitted with the applicatio�n and shall address those elements outlined in Section 18.62.050. 7. Site plan. Each application shall be accompanied by a site plan and shall illu- strate the following: a. Vicinity map, b. Name, address and phone number of property owner, c. Name, address and phone number of engineer or agent, d. Starting date of mining, e. Completion date of mining, f. Hours of operation, g. Fence detail, h. Location of utility lines, i. Location of structures, j. Location of accessory uses such as crushers, sorters, c�r scales, k. Existing contours, drawn at five (5) foot intervals andl indicated by light dashed lines, 1. Proposed contours, drawn at five (5) foot intervals andl indicated by s�lid dark lines, m. Cross sections, shall be taken at or near each property� line and then spaced at three hundred (300) foot intervals there�after. Cross sections shall be taken in both north/south and e�ast/west directions. Additional cross sections may be required if necessary to determine the impacts of the proposal, n. Boundaries and dimensions of the site. o. Cubic yards of material per phase. The site plan shall be properly dimensioned and drawn at a scale not less than one (1) inch equals forty (40) feet and on a sheet si2e twer�ty-four 18.62-2 (24) inches by thirty-six (36) inches, more sheets may be alloweci if necessary. A reproducible mylar and seven (7) copies of the sitE� plan shall be submitted at the time of application. 18.fi2.040 Surface mining standards. A. Minimum Acreage: The minimum number acres to be devoted to a mining operation sha'il be ten (10). B. Phasing: Al1 mining operations shall be done in phases with the minimum s�ize of each phase to be ten (10) acres. The purpose of phasing is to ensure that the mining site is being rehabilitated in a timely manner prior to additional material being removed from the site. The scope of the phasing �shall be determined at the time of permit issuance. C. Years of operation: The maximum number of years a surface mining permit shall be iss��ed is five (5). A lesser number of years may be granted if it is dete�rmined to be in the best public interest. Renewals may be granted, after pub1ic hearing thereon, by the Hearing Examiner, and a new ordinance adopted by the City Council. Renewals shall only be granted if the owner/operator h�as acted in good faith and complied with all requirements of the prior permi�t, and it is in the best public interest to continue the mining operation. I�f the mining permit is not renewed then the site shall be reclaimed pursuant to the reha- bilitation plan. D. Slopes and drainage terraces: Finished slopes shall not be steeper than two (2) feet horizontal to one (1) foot vertical. One and one-half (lu2) to one (1) slopes may be approved by the Hearing Examiner or Planning Commission and City Council upon evidence, submitted by a licensed soils engineer, that substantiates the steeper slo- pes. Finished slopes exceeding fifty (50) feet in vertical height shall be terraced at their approximate mid-height. Drainage terraces are to be fifteen (15) feet in width and designed to eli- minate erosion by carrying surface water to a safe disposal area. Terraces shall be cut every fifty (50) feet vertically, except that where only one (1) is required, it shall be at mid-height. E. Hours of operation: No mechanical eq�ipment shall be operated before the hour of seven a.m, and no later than the hour of seven p.m., six (6) days per week. No mechanical equipment shall be operated on Sundays or legal holidays. The hours and/or days of operation may be reduced by the Hearing Examiner, Planning Commission or City Council if determined to be in the best public interest. F. Fills: No undercutting of finished slopes shall be allowed. In the event that fills are necessary such fills shall be compactible to a minimum of ninety (90) percent maximum density, said density shall be certified by a soil testing agency. No organic materials shall be permitted in fills. G. Fences, landscaping and berms: Fences, landscaping and/or berms may be required to mitigate any impacts associated with the mining site. H. Noise: Sound pressure levels, as measured on properties adjacent to property in the mining site, shall conform to the provisions of Washington Administrative Code, Section 173-60-040, Maximum Permissible Environmental Noise Levels For Noise Originating in a Class C-EDNA (Industrial Area). 18.62-3 I. Blasting: No blasting shall be allowed. J. Rock crushing: A portable rock crusher may be permitted if expressly allowed thr�ough the surface mining permit. The location of the crusher may be conditioned in order to mitigate any noise impacts. K. Status reports: The owner/operator shall be required to submit a report to the City pro- viding information which shows the mining site is in conformance with the mining permit. The report shall be submitted once every six (6) to twelve (12) months, The length of time shall be determined by the Hearing Examiner or Planning Comnission and City Council. L. Dust: Dust, dirt, fly ash, or other particulate matter shall not be emiitted in quantities as to adversely affect adjacent property. Reasonable precautions shall be taken with storage, transportation, processing, roadways> and other open areas so as to prevent the particulate matter from becoming airborne. It shall be sufficient cause to revoke a permit if the operator c:auses or permits untreated open areas located within a private lot or roaciway to be maintained without taking reasonable precautions to prevent part�iculate matter from becoming airborne. M. Setbacks: No excavation shall occur within fifty (50) feet of an adjoining property line. N. Department of Natural Resources Permit: Prior to any material being removed the owner/operator shall subn�it an approved permit from the State of Washington Department of Natur�il Resources. 0. Paved apron: A paved apron or similar device may be required in order to prevent rocks, dirt, and mud being tracked on to public streets. The width and depth to be determined at the time of permit issuance. P. Street cleaning: Al1 adjacent public streets shall be kept clear of rocks, dirt aiid mud. Street sweeping and washing may be required at the time of permiit issuance. Q. Traffic control: Warning signs and/or flagmen may be required as a condition of p��rmit appro- val. R. Inspections: The City shall have the right to make inspections of any propert;y at any reasonable time as deemed necessary to determine compliance with the permit. The City shall notify, as deemed necessary, any operator of a pr��posed inspection, however, lack of such notification shall not be caus�e for denying the right to inspect. The operator shall have the optioi� of accom- panying the inspector. S. Adjacent wells or aquifers: Additional setbacks or limitations on the depth of excavation ma;y be required to protect adjacent wells or aquifers. T. Performance bond: A performance bond shall be submitted prior to the adoption of tl�e ordinance, the purpose of which is to guarantee the mining opera�tion complies with the conditions of the permit and to guarantee rehalbilitation of the site. The value of the bond shall be the cost to rehabilitate the site. The bond amount may be for each phase of mining. The bon�� shall be 18.62-4 written to the City of Auburn, only, and shall not be cancelled without the express written approval of the City of Auburn. 18.62.050 Reclamation plan. In order to ensure the creation of usable land, subsequent to thE� comple- tion of mining activities, a reclamation plan shall be prepared and address the following elements: A. Subsequent use of land: In conjunction with the mining permit a subsequent use of the mining site shall also be approved. The owner/operator shall submit a plan, in suf- ficient detail, to determine that the subsequent use of the mining site will be in conformance with the Comprehensive Plan and this Title. The owner/operator shall submit evidence that the amount of material to be removed is commensurate with the subsequent land use. B. Revegetation: All disturbed areas shall be revegetated with plants and grasses that are native or suitable to the area. A vegetative cover survival of <.>eventy-five (75�) percent, uniformly distributed over the area requiring vegE�tation, for one (1) growing season will normally be considered acceptable. Revegetation of finished slopes shall be completed within one hundred-eighty 1;180) days from the time the materials have been removed. C. Time schedule: The reclamation plan shall include a schedule indicating how and when restoration will occur before, during, and after mining operations. Reclamation shall be planned in stages compatible with the ongoing mining operation. 18.62.060 Non conforming mining sites. Mining sites which are operating without a City of Auburn mininc� permit shall within a three (3) year period secure a mining permit or phase out the mining operation. The Building Official shall within one hundred-twE�nty (120) days from the adoption of this chapter notify all mining operations i�f their nonconformance. Notification by the Building Official shall commence the three (3) year period. The Hearing Examiner may grant an extension if the owner/operator can demonstrate an extreme hardship in complying with the three (3) year period. The extension may only be granted for two (2) addiitional years. The Hearing Examiner may impose conditions as necessary to ensure the extension will not result in any adverse environmental impacts. The extension shall be processed as outlined in Section 18.70.040 and shall be a recommen- dation to the City Council. 18.62.070 Revocation of permits. Failure of the owner/operator to comply with any or all of the provisions of this chapter or any or all of the provisions of the individual sui^face mining permit may cause the 8uilding Official to revoke the permit. If the permit is revoked all mining operations shall cease until such time that the ni�ncompliance is corrected. 18.62-5 Sections: 18.64.010 18.64.020 18.64.030 18.64.040 18.64.050 18.64.060 18.64.070 Chapter 18.64 ADMINISTRATIVE AND CONDITIONAL USE PERMITS Intent. Process. Application. Findings of fact. Conditions of approval. Time limitations. Revocation of permit. 18.64.010 Intent. It is the intent of this chapter to provide for a process to allc�w for uses that are not permitted outright within a zone. These uses typically require a special degree of control t� make sure the uses are consistent with and com- patible to other existing and permitted uses within the zone. Only i;hose uses listed as requiring either an administrative or conditional use perm�it, within a particular zone, qualify for this process. The Planning Director ma_y determine that other similar uses, which are not listed, may qualify for this process. This process is not to replace the variance procedure or to permit u>es that are not allowed within the zone. 18.64.020 Process. A. Conditional use permits: 1. If a request for a conditional use permit does not require a rezone then the conditional use permit shall be heard by the Hearii�g Examiner in accordance with the provisions of Chapter 18.66. The He��ring Examiner shall make a recommendation to the City Council. 2. If a request for a conditional use permit also requires a r��zone, the two (2) applications shall be processed concurrently and sh�ill be heard by either the Hearing Examiner or Planning Commission in a manner consistent with Section 18.68.030. B. Administrative use permits: An administrative use permit is a process to allow certain uses which require some review in order to properly site them within the zoi�e. It is intended to provide an administrative process to provide an effi��ient review of uses to ensure the use is compatible and consistent with othe�� existing and permitted uses in the zone. This process shall only be used in those zones which specifically allow administrative uses. 1. The Planning Director shall review and approve all administ�rative uses. Upon receipt of a proper application the Director shall witl�in fifteen (15) working days approve or deny the permit. 2. The Director's decision shall be forwarded to the applicant and all property owners within two hundred (200) feet of the propos�ed admi- nistrative use. Five (5) public notices shall also be post�ed within 200 feet of the proposal. 3. Any affected party may appeal the Planning Director's decision to the Hearing Examiner. An appeal must be filed within ten (10) ��orking days of the date of mailing of the Director's decision. Mailing of the 18.64-1 notice shall be by certified mail. The appeal shall be sche��uled for the next regularly scheduled meeting of the Hearing Examiner, for which proper public notice can be provided. 4. The appeal shall be processed the same as a conditional use permit with the Hearing Examiner making a recommendation to the Cit,y Council. 18.64.030 Application. A. An application shall be required for approval of an administrative or conditional use permit which shall include a site plan that illustrates the following: 1. Vicinity map; 2. Name, address, phone number of property owner; 3. Name, address, phone number of engineer or agent; 4. Boundaries and dimensions of property; 5. Adjacent public streets; 6. Easements, existing and proposed; 7. Location and size of all existing and proposed utilities; 8. Location of buildings, including setbacks; 9. Location and layout of off-street parking; 10. Location and height of fences; 11. Location and size of signs; 12. Landscape detail; 13. Indication of height of buildings. The site plan shall be properly dimensioned and drawn at a scale not less than one (1) inch equals forty (40) feet. The site plan must be easily reproducible and on a sheet size no larger than 24 inches by 36 inches, more sheets may be allowed if necessary. A reproducible and seve�n (7) copies of the site plan shall be submitted at time of applica,tion. The site plan shall be adopted and made part of the permit. Subs,equent building permits and construction activity shall be in accord wit,h the approved site plan. Adjustments to the site plan may be approvedl as follows: 1. Minor adjustments: Minor adjustments may be made and approved by the Planning Ciirector. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic chara�cter or arrangement of buildings approved, nor the development cover�age of the development or the open space requirements. Such dimensiona�l adjust- ments shall not vary more than ten (10) percent from the original. 2. Major adjustments: Major adjustments are those when determined by the Planning Director, substantially change the basic design, coverage, open space or other requirements of the permit. When the Planning Director detE�rmines a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the Hearing Examiner and City Council of such adjustment. � C. 18.64.040 Findings of fact. Administrative and conditional use permits may only be approved =if findings of fact are drawn to support the following: A. The use will have no more adverse effect on the health, safety or• com- fort of persons living or working in the area, and will be no mor•e injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the ciistrict. 18.64-2 Among matters to be considered are traffic flow and control, acc�ess to and circulation within the property, off-street parking and loading, refuse and service areas, utilities, screening and buffering, signs, yards ��nd other open spaces, height, bulk, and location of structures, location ��f proposed open space uses, hours and manner of operation, and noise, light�s, dust, odor, fumes and vibration; B. The proposal is in accordance with the goals, policies and objec�tives of the Comprehensive Plan; C. The proposal complies with all requirements of this Title; D. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existi�ng or inten- ded character of the general vicinity; E. The proposal will not adversely affect the public infrastructure. 18.64.050 Conditions of approval. In order to mitigate any significant adverse impact or support a finding of fact associated with the proposal, conditions may be imposed which could increase requirements in the standards, criteria, or regulations of this Title or other City Legislation or adopted policies. 18.64.060 Time limitations. Unless specified elsewhere, an administrative or conditional use permit shall be implemented within two (2) years of the approval. If a building permit or occupancy permit has not been issued within the two (2) year period then the administrative or conditional use permit shall be null and void. 18.64.070 Revocation of permit. The Building Official may revoke or suspend any permit granted under the chapter if any of the following conditions is found to exist: A. Fraud in obtaining the permit; B. Concealment or misrepresentation of any material fact on the application or on any subsequent applications or reports; C. The operation is found to be in violation of the approved plans, conditions of approvals, or the terms of the permit and the �wner has failed to correct the violation after proper notice thereof. 18.64-3 Sections: 18.66.010 18.66.020 18.66.030 18.66.040 18.66.050 18.66.060 18.66.070 18.66.080 18.66.090 18.66.100 18.66.110 18.66.120 18.66.130 18.66.140 18.66.150 18.66.160 18.66.170 18.66.180 18.66.190 Chapter 18.66 HEARING EXAMINER Title. General objectives. Creation of Hearing Examiner. Appointment and term. Removal. Qualifications. Examiner pro tempore duties. Hearing Examiner, conflict of interest. Freedom from improper influence. Duties of the Hearing Examiner. Applications. Report by Planning Department. Public hearing. Examiner's decision or recommendation, Request for reconsideration. Appeal of final decisions. Hearing Examiner's recommendation. Council action. Review of chapter by Council. findings requ�ired. 18.66.010 Title. This chapter shall be hereafter known as the "Hearing Examiner" ��hapter and may be cited as such; will be hereinafter referred to as "this cl�apter". 18.66.020 General objectives. It is the general objective of this chapter to: A. Provide a single, efficient, integrated, land use regulatory decision- making process and public hearing system; B. Render land use regulatory decisions and recommendations to the I�ity Council; C. Provide a greater degree of due process in land use regulatory d�ecision making and public hearings; D. Separate land use policy formulation from land use policy admini�stration processes. 18.66.030 Creation of the Hearing Examiner. The office of the Hearing Examiner, hereinafter referred to as E.xaminer, is hereby created. The Examiner shall interpret, review, and implement land use regulations as provided in this title and other ordinances. The term Examiner shall likewise include the Examiner Pro Tem. 18.66.040 Appointment and term. The Hearing Examiner shall be appointed by the Mayor and subject to confir- mation by the Auburn City Council. In the event that the appointed Examiner is 18.66-1 unable to perform the duties of office for whatever reason, or in the event of a vacancy in office, the Mayor shall appoint an Examiner Pro Tem who shall have the authorities herein provided. 18.66.050 Removal. The Examiner or the Examiner Pro Tem may be removed from office at any time by the Mayor. 18.66.060 Qualifications. The Examiner and the Examiner Pro Tem shall be appointed solely with regard to their qualifications for the duties of the office which shall include, but not be limited to appropriate educational experience such as in urban planning, land use law, and public administration. Wherever feasible, the Mayo�r shall endeavor to appoint qualified candidates who reside in the Auburn are�a. 18.66.070 Examiner pro tempore, duties. The Examiner Pro Tem, in the event of the absence or inability of� the Examiner to act, shall have all the duties and powers of the Examiner�, 18.66.080 Hearing Examiner, conflict of interest. The Examiner shall not conduct or participate in any hearing or Clecision in which the Examiner has a direct or indirect personal interest which might exert such influence upon the Examiner that might interfere with his decision making process. any actual or potential conflict of interest shall t�e disclosed by the Hearing Examiner to the parties imnediately upon discovery of such conflict. Participants in the land use regulatory process have the r�ight, inso- far as possible, to have the Examiner free from personal interest or pre-hearing contacts on land use regulatory matters considered by him. It is rec:ognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre-hearing interest contact impe�irs the Examiner's ability to act on the matter, the Hearing Examiner shall s�tate and shall abstain therefrom to the end that the proce�ding is fair and h�is the appearance of fairness, unless all parties agree in writing to have t:he matter heard by said Examiner. If all parties do not agree and the Hearing Examiner must abstain, the Mayor shall be notified and the Mayor shall appoint: a Hearing Examiner Pro Tem to sit in the Hearing Examiner's stead. 18.66.090 Freedom from improper influence. No Council member, City official, or any other person shall atten�pt to interfere with, or improperly influence the Examiner or Examiner Pro Tempore in the performance of his designated duties. 18.66.100 Duties of the Examiner. A. Applications and decisions. For cases and actions as prescribed by ordi- nance, the Examiner shall receive and examine available informat�ion, conduct public hearings, prepare a record thereof, and enter findings of fact, conclusions based upon those facts, and a decision. As provided by ordi- nance, such decision may be a recommendation or a final action subject to appeal as provided by ordinance. 18.66-2 18.66.110 Applications. A. Applications for a determination by the Hearing Examiner shall be� filed with the Planning Department. 1. Within two (2) working days of receipt of an applicatic�n the Planning Department shall determine whether the applic<<tion is complete. If complete, the application shall be accept:ed. If not complete, the Planning Department shall request that tt�e applicant provide additional information as necessary to completE� the appli- cation. 2. The applicant shall be advised of the date of acceptanc:e of the application and of the environmental determination, if one is made. The applicant shall be advised of the date of a��y public hearing at least ten (10) calendar days prior to the hE�aring. 18.66.120 Report by Planning Department. When such application has been set for public hearing, if require�d, the Planning Department shall coordinate and assemble the comnents and rE�commen- dations of other City departments and other governmental agencies ha�ring an interest in the subject application and shall prepare a report summar•izing the issues involved, Planning Department findings of fact, recommended cnnditions and/or recommended action. This report shall be transmitted to the E:xaminer at least four (4) calendar days prior to the scheduled hearing. Copies of this report shall be mailed to the applicant prior to the hearing and sha'Il be made available to the public for the cost of reproduction prior to the scheduled hearing. 18.66.130 Public hearing. A. Before rendering a decision or recommendation on any application for which a public hearing is required, the Examiner shall hold at least one public hearing thereon. Notice of the place and time of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given at least ten �;10) calen- dar days prior to such hearing. B. The Examiner shall have the power to prescribe rules and regulat�ions f�r the conduct of hearings under this chapter subject to review by the City Council, and to administer oaths and preserve order. C. At the close of the testimony the Examiner may close the public hearing, continue the hearing to a time and date certain, or close the public hearing pending the submission of additional information on or before a ciate cer- tain. D. Until a final action on the application is taken, the Examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record. 18.66.140 Examiner's decision and recommendations, findings requ�ired. A. Unless the time is extended pursuant to this section, within ten (10) calen- dar days of the conclusion of a hearing, or the date set for subrnission of additional information pursuant to this chapter, the Examiner sh�ill render a written decision, including findings from the record and conclus�ions therefrom, and shall transmit a copy of such decision by regular mail, postage pre-paid, to the applicant and other parties of record in the case who have requested notice of the decision at the public hearing. The per- 18.66-3 son mailing the decision shall prepare an affidavit of mailing, in stan- dard form, and the affidavit shall become a part of the record of' the proceeding. In the case of applications requiring City Council a�pproval, the Examiner shall transmit his decision to the City Council. B. In extraordinary cases, the time period for filing of the recommE�ndation or the decision of the Examiner may be extended for not more than th�irty (30) calendar days after the conclusion of the hearing if the Examiner� finds that the amount and the nature of the evidence to be considered, or rE�ceipt of additional information which cannot be made available within the normal decision period, requires the extension. Notice of the extensior�, stating the reasons therefor, shall be sent to all parties of record in t;he manner set forth in this Section for notification of the Examiner's decision. C. Conditions. The Examiner's recor�nendation or decision may be to grant or deny the application, or the Examiner may require of the applicant such con- ditions, modifications and restrictions as the Examiner finds nec:essary to make the application compatible with the environment and carry out the goals and objectives of the Comprehensive Plan, this title, the Land D�ivision Ordinance, other codes and ordinances of the City of Auburn, and the approved preliminary plat, if applicable. Conditions, modificat�ions and restrictions which may be imposed shall be founded in the body o1= legisla- tion approved by the City Council. Performance bonds may be requ-ired to insure compliance with the conditions, modifications and restrici;ions. D. Termination of Decision. The City declares that circumstances s�arrounding land use decisions change rapidly over a period of time. In �rdE�r to assure the compatibility of a decision with current needs and concerns, any such decision shall be limited in duration, unless the action or imprc�vements authorized by the decision is implemented promptly. a�y applicai;ion, except a rezone, approved pursuant to this chapter shall be implemented within two (2) years of such approval unless other time limits are prescribE�d elsewhere. Any application which is not so implemented shall terminate at the conclu- sion of that period of time and become null and void. The Examiner may grant one (1) extension of time for a maximum of one (1) year for go�d cause shown. The burden of justification shall rest with the applicani�. For large-scale or phased projects the Examiner may at the time of approval or recormiendation set forth time limits for expiration which exceed those prescribed in this Section for such extended time limits as are ;justified by the record of the action. 18.66.150 Request for reconsideration. The Planning Director or an interested party affected by the fin��l decision or recommendation of the Examiner who asserts that the Hearing Examii�er based that recommendation or decision on an erroneous procedure, errors of law or fact, error in judgement, or the discovery of new evidence which could not be reasonably available at the prior hearing, may make a written reques�t for review by the Examiner within seven (7) calendar days after the written decision of the Examiner has been rendered. The request for reconsideration shall set forth the specific errors relied upon by such appellant, and the Exarniner may, after review of the record, take further action as the Examiner deems proper. The Examiner may request further information which shall be provided within ten (10) calendar days of the Examiner's request. The Examiner's written decision on the request for consideration shall be transmitted to a11 parties of record within ten (10) calendar days of receipt of the request fo�r recon- sideration or receipt of the additional information requested, which�ever is later. 18.66-4 18.66.160 Appeal of final decisions. The Planning Director or any interested party affected by the Examiner's written final decision relating to any zoning ordinance action, may submit a notice of appeal to the City Clerk upon a form supplied by the City Clerk, within ten (10) calendar days from the date of mailing of the Examiner's report. The notice of appeal shall be accompanied by a fee, if any, in accor- dance with the fee schedule of the City. The Hearing Examiner's decision shall be scheduled by the City Clerk for a public hearing. Notice of the public hearing shall be posted and sent to all parties of record at least ten (10) calendar days prior to that hearing date. The hearing date shall be the earliest feasible City Council meeting following the expiration of the notice period. Upon its own hearing and upon its review of the record of the Hearing Examiner's final decision, the City Council may affirm, reject, modify, or remand the Hearing Examiner's decision or take whatever action it deems appropriate pursuant to law. 18.66.170 Hearing Examiner's recommendation. A. For actions requiring the Hearing Examiner's recommendation as provided by ordinance, the Examiner's recor�nendation shall be forwarded to the City Council within ten (10) calendar days of the closure of the hearing. The recomnendation shall be placed on the next agenda of the City Council. The City Council upon its review of the record, may: 1. Affirm the recommendation; 2. Remand the recommendation to the Hearing Examiner; 3. Schedule a public hearing before the City Council. Any aggrieved person may request the City Council to conduct its own hearing. Upon its own hearing the City Council may affirm, reject, modify the Hearing Examiner's recommendation or take whatever action it deems appropriate pursuant to law. 18.66.180 Council action. Any application requiring action by the City Council shall be evidenced by minute entry unless otherwise required by law. When taking any such final action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. Unless otherwise sp�ecified, the City Council shall be presumed to have adopted the Hearing Examiner's findings and conclusions. A. Al1 applications requiring Council action shall be placed on the Council's agenda for consideration. B. The action of the Council approving, modifying or rejecting the I�earing Examiner's decision or recommendation shall be final and conclusive, subject to any writ of review pursuant to law. 18.66.190 Review of chapter by Council. The City Council may on an annual basis review the content and e�Ffect of this chapter on the City of Auburn and its citizens. The method of review may include a public hearing open to all interested citizens. The Counc�il after review and consideration, shall at that time decide to modify, repea'I, or retain all of or part of this chapter. 18.66-5 Sections: 18.68.010 18.68.020 18.68.030 18.68.040 18.68.050 18.68.060 Chapter 18.68 AMENDMENTS Intent. Initiation of amendments. Public hearing process. Public hearing notice requirements. Amendments to rezone requests. Contract rezones. 18.68.010 Intent. The purpose of this chapter is to provide for a process to amend either the text or map of this Title. 18.68.020 Initiation of amendments. A. Zoning Map: 1. One or more property owners of the parcel may submit an application requesting a reclassification of the parcel; 2. The City Council upon its own motion may request the Plannin�g Comnission or Hearing Examiner to conduct a public hearing c�n the reclassification of a parcel or parcels of property; 3. The Planning Commission may upon its �wn motion call for a F�ublic hear- ing on the reclassification of a parcel or parcels of proper�ty. B. Text: 1. The City Council upon its own motion may request the Plannin�g Comnission to conduct a public hearing to amend any portion or all of this Title; 2. The Planning Commission may upon its own motion call for ing to amend any portion or all of this Title; 3. Any resident or property owner of the City of Auburn may City to request an amendment to the text of this Title. a F�ubl ic hear- pet,ition the 18.68.030 Public hearing process. A. Text amendments: The Planning Commission shall conduct at least one public hearing� on all amendments to this Title. The Planning Commission shall make a r�ecommen- dation to the City Council who may or may not conduct a public he�aring. B. Zoning Map amendments: 1. Rezones initiated by an applicant other than City: All applications for a rezone shall be reviewed by the Plann�ing Director prior to the scheduling of a public hearing. After� review of the application the Director shall determine which of the fc�llowing two processes should occur to properly hear the rezone: a. If the rezone is consistent with the Comprehensive Plan� then the Hearing Examiner shall conduct a public hearing on the rezone and make a recommendation to the City Council pursuant to S�ection 18.66.170; 18.68-1 b. If the rezone is in conflict with the Comprehensive Pl�in, or there are no policies that relate to the rezone, or thE� policies are not complete, then a Comprehensive Plan amendment must also be processed either concurrent with or prior to the rezonE�. If the rezone is recommended for denial then a Comprehensive plan amend- ment is not necessary, The Planning C�mmission shall c;onduct a public hearing and make a recomnendation to the City Cc�uncil who shall also conduct a public hearing. 2. Rezones, including area wide zoning, initiated by the City: a. The Planning Comnission shall conduct a public hearing and make a recommendation to the City Council who shall also conduct a public hearing. If applicable, a Comprehensive Plan arnendment may also be processed. C. City Council decision: The City Council may affirm, modify or disaffirm any recomnendation of the Planning Commission or Hearing Examiner with regard to amendments of the text or map of this Title. 18.68.040 Public hearing notice requirements. A. Text amendments: 1. Planning Commission: Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing and by posting the notice in three (3) general public locations. 2. City Council: Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three (3) general public loca- tions. B. Zoning Map amendments: 1. Rezones initiated by an applicant other than City: a. Planning Commission and Hearing Examiner: Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing and by posting the no�tice in five (5) conspicuous places within three hundred (300) feet, of the pro- posed rezone. The notice shall also be mailed to all property owners., as shown by the records of the County Assessor, located within two hundred (200) feet of the proposed rezone. b. City Council: Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior tc► the public hearing and by posting the notice in five (5) conspicuous places within three hundred (300) feet of the proposed rezone. 2. Rezones, including area wide zoning, initiated by the City:, a. Planning Commission: As a minimum, notice of public hearing shall be given by publica- tion, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing. Additional mailing or posting of the notices may, at i;he option of the Planning Commission, be required. 18.68-2 b. City Council: As a minimum, notice of public hearing shall be given by publica- tion, in a newspaper of general circulation in the area, prior to the public hearing. Additional mailing or posting of the notices may, at the option of the City Council be required. 18.68.050 Amendments to rezone requests, A requested rezone may be changed, conditioned Examiner, Planning Commission, or City Council when jurisdiction without requiring additional hearings, prescribed, subject to the following: A. The modification or change shall not result in one requested; B. The area of the request shall not be enlarged, lessened. or modified by the Hearing under their appropriate to those previously a more intense zone than the however, the area may be 18.68.060 Contract rezones. In order to mitigate any impacts that may result from a rezone the City may enter into a contract with the property owner. The contract shall outline the co�ditions of approval, and the obligations of the property owner. T�he contract shall be binding upon the owner and his heirs, assigns and successors. The contract shall run with the land, be signed by the property owner(s) and be recorded with the King County Records Division. Any amendments to the contract shall be approved by the City Council. 18.68-3 Sections: 18.70.010 18.70.020 18.70.030 18.70.040 18.70.050 18.70.060 Chapter 18.70 YARIANCES� SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS Variances. Special exceptions. Application. Hearing date and notice. Administrative appeals. Appeal of Hearing Examiner decision. 18.70.010 Variances. A. Subject to conditions, safeguards and procedures provided by thi�s Title, the Hearing Examiner may be empowered to hear and decide applica�tions for variances from the terms of this Title provided the Hearing Examiner may approve a variance only if the request conforms to all of the fo1lowing cri- teria. The Examiner must enter findings of fact and conclusions of law which support the following criteria and any conditions: 1. That there are unique physical conditions including narrown�ess or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the p��rticular lot; and that, as a result of such unique physical conditions, prac- tical difficulties or unnecessary hardships arise in comply�ing with provisions of this Title. 2. That, because of such physical conditions, the development c�f the lot in strict conformity with the provisions of this Title will not allow a reasonable and harmonious use of such lot. 3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. 4. That the special circumstances and conditions associated wit;h the var- iance are not a result of the actions of the applicant or pr•evious owners. 5. Literal interpretation of the provisions of this Title woulci deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. 6. The approval of the variance will be consistent with the pur•pose of this Title and the zoning district in which the property is located. 7. The variance will not allow an increase in the number of dwE�lling units permitted by the zoning district. 8. The authorization of such variance will not adversely affect: the Comprehensive Plan. 9. The variance shall not allow a land use which is not permitt,ed under the zoning district in which the property is located. 10. The variance shall not change any regulations or conditions established by surface mining permits, conditional use permits or contract rezones authorized by the City Council. B. In authorization of a variance, the Hearing Examiner may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as he may deem necessary to carry out the spirit and purpose of this Title and in the public interest. 18.70-1 C. A variance so authorized shall become void after the expiration nf one (1) year, or longer period if specified at the time of issuance� if no building permit, occupancy permit �r business registration has been issueci in accor- dance with the plans for which such variance was �uthorized. Thf� Hearing Examiner may extend the period of variance authorization for one (1) addi- tional year without public hearing upon a finding that there has been no basic change in pertinent conditions surrounding the property at the time of the original application. 18.70.020 Special exceptions. A. Only the following special exceptions may be granted by the Hear�ing Examiner after a public hearing is held pursuant to Section 18.71).040: 1. Platted lots within the same block and same zone, but separ�ited 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 irequire- ments: a. Each portion of the property shall abut a minimum of oi�e hundred (100) feet upon the alley. b. The two (2) portions of the property shall be directly opposite for a distance representing at least fifty (50%) perce�nt of the width of the portion of the property not to be occupie�� by the proposed building. c. The portion of the property not occupied by the buildi�ng shall not be sold, segregated or used for building purposes so l�ong as the building remains on the portion of property on the opp�osite side of the alley. 2. Whenever there is a change from a residential use to a nonresidential use in an existing building a special exception may be issu�ed to exclude the floor area within the building, that cannot be effectively utilized by the proposed use, from the off-street parking requirements. 3. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of this Title may be per- mitted, by means of a special exception, to expand the existing use or structure up to twenty-five (25X) percent of the use or structure existing at the time of the adopti�n of this Title. Provided further, that the addition otherwise meets the standards of this Title and other requirements of the City. This section does not allow the expansion of a use or structure which would be inco�sistent with a previously authorized conditional use per- mit, special property use permit, contract rezone, or binding agreement between the City and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage. 4. Pursuant to Section 18.54.060(G) a Special Exception may be issued for the replacement of a nonconforming structure or part thereof which do not comply with the appropriate development standards. 5. Pursuant to Section 18.54.070(6) 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 18.70-2 unless the Hearing Examiner finds that the authorizing of such s;pecial exception will not be materially detrimental to the public welfa�re or injurious to property in the zone or vicinity in which the prope�rty is located, and that the authorization of such special exception will be con- sistent with the spirit and purpose of this Title. In authorizi�ng a special exception, the Hearing Examiner may impose such requirements and conditions with respect to location, installation, construction, maintenanc�e and opera- tion 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. 18.70.030 Application. A site plan shall be required with each application for a varian�ce or spe- cial exception. The site plan shall be accurately drawn using an ap��ropriate engineering scale and shall illustrate the following: A. Adjacent street; B. Boundaries and dimensions of site; C. Location of buildings; D. Location of parking areas; E. Location of feature needing variance. 18.70.040 Hearing date and notice. When an application addressed to the Hearing Examiner has been f�iled in accordance with the provisions of this chapter, the Planning Department shall set a date for hearing the same. Notice of such hearing shall be given not less than ten (10) days prior to the date of the hearing, shall set forth the time, place and purpose of such hearing and the notification shall bE� made by: A. Posting not less than five (5) notices in conspicuous places within three hundred (300) feet of the property submitting the application; B. Mailing notices thereof to owners of all lands lying within two hundred (200) feet from the exterior boundaries of the land involved as i;he names appear on the latest County Treasurer's Real Estate Tax Records; C. Publishing in a newspaper of general circulation of the area. 18.70.050 Administrative appeals. Appeals from any administrative decision made under this Title may be appealed to the Hearing Examiner pursuant to Chapter 18.66. A. Any person wishing to appeal an administrative decision shall fir•st render in writing a request for an administrative decision from the appr•opriate City Official. The City Official shall issue in writing a decisiion within five (5) working days of the written request. B. If the requestor seeks to appeal that decision to the Hearing Exe�miner, any such appeal shall be filed with the Planning Director. C. The Planning Director shall notify any other City official that may be affected by the appeal. D. The appeal shall then be processed in the same manner as any othe�r applica- tion for a Hearing Examiner decision pursuant to Chapter 18.66. E. The Examiner shall conduct a public hearing pursuant to section 18.70.040 and consider any facts pertinent to the appeal. The Examiner may� affirm the decision, remand for further proceedings, or reverse the decision� if the decision is: 18.70-3 1. I� violation of constitutional provisions; 2. In excess of the authority of the official; 3. Made upon an unlawful procedure; 4. Affected by other error of law; 5. Clearly erroneous; or 6. Arbitrary or capricious. 18.70.060 Appeal of Hearing Examiner's decision. The Hearing Examiner's decisions regarding variances, special exc:eptions, and administrative appeals may be appealed to the City Council in thE� manner prescribed by Chapter 18.66. 18.70-4 Sections: 18.72.010 18.72.020 18.72.030 18.72.040 Chapter 18.72 ADMINISTRATION AND ENFORCEMENT Code enforcement official. Correction notice. Penalties. Issuance of licenses or permits. 18.72.010 Code enforcement official. The Building Official, or his designee, shall be charged with thE� respon- sibility of enforcing the provisions of this Title or any conditions properly imposed by the Hearing Examiner, Planning Commission or City Council. The Building Official, or his designee, shall have the right to enter as provided by Chapter 1.20 of the Auburn City Code. 18.72.020 Correction notice. A. The Code Enforcement Official is hereby authorized to issue a correction notice when any person, firm or corporation is making or partakirig in any use of land, development or any activity which is not specifical1y permitted by this Title, an approved site p1an, or permit, or variance. Such notice is effective imnediately and is final unless appealed to the Hearing Examiner pursuant to the provisions of Section 18.70.050. B. The correction notice shall contain the following: 1. The street address when available and a legal description o�F the real property and/or description of personal property sufficient for iden- tification of where the violation occurred or is located. 2. A statement that the Code Enforcement Official has found thF� person, firm or corporation to be in violation of this Title, specil=ying each violation by reference to the applicable chapter and section or by reference to the approved permit or variance. 3. A statement of any corrective action required to be taken. If the Code Enforcement Official has determined that corrective wor•k is required, the notice shall state that all required permits be secured and the work be completed within such time as the Code Enfor•cement Official shall determine is reasonable under the circumstanc:es. 4. A statement advising that the notice shall be final unless appealed pursuant to the provisions of Section 18.70.050. 18.72.030 Penalties. Any person who has not complied with the requirements of a correc:tion notice issued by the Code Enforcement Official is determined to be iri violation of this Title and is subject to the penalties as outlined in Section 1.24.010 of the Auburn City Code. 18.72.040 Issuance of licenses and permits. All City departments, officials or employees vested with the duty� or authority to issue permits or licenses shall conform to the provision�s of this 18.72-1 Title. No license or permit for uses, buildings, or activities wher�e the same would be in conflict with the provisions of this Title shall be issu�ed. Any license or permit, if issued in conflict with the provisions hereof, shall be null and void. 18.72-2 Sections: 18.74.010 18.74.020 Chapter 18.74 ADULT MOTION PICTURE THEATERS Purpose. Prohibited area designated. 18.74.010 Purpose. The purpose of this chapter is to restrict the location of adult motion picture theaters thereby protecting the public health, safety, morals; and general welfare of Auburn. 18.74.020 Prohibited area designated. A. Adult motion picture theaters are prohibited within the area circ:umscribed by a circle which has a radius consisting of the following distar�ces from the following specified uses or zones: 1. Within one thousand (1000) feet of any residential zone or z�ny single- family or multiple-family residential use as defined in this; Title; 2. One (1) mile of any public or private school; 3. One thousand (1000) feet of any church or other religious fe�cility or institution; 4. One thousand (lOQO) feet of any public park or recreation fe�cility. B. The distances provided in this section shall be measured by follc>wing a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to bE� located, to the nearest point of the parcel of property or the land use diistrict boundary line from which the proposed land use is to be separatecl. 18.74-1 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified C:ity Clerk of the City of Auburn, a Municipal Corporation and (,ode City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and cori-ect copy of Ordinance No. 4229 of the ordinances of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4229 was duly passe�3 by the Council and approved by the Mayor of the said City of Aubu:rn, on the lst day of June A.D., 1987. I further certify that said Ordinance No. 4229 was published as provided by law in the Daily Globe news, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 7th day of June A.D., 1987. WITNESS my hand and the official seal of the City of ALxburn, this 7th day of July A.D., 1987. _ �,�%6� ..., � CITY CLERR OF THE CITY OF AUBli�RN