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HomeMy WebLinkAbout5170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 I 7 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CERTAIN SECTIONS OF TITLES 14 ENTITLED "PROJECT REVIEW", 16 ENTITLED '~ENVIRONMENT", 17 ENTITLED "LAND DIVISION" AND 18 ENTITLED ~'ZONING" OF THE AUBURN CITY CODE AS NECESSARY TO INCLUDE THE CITY'S REGULATIONS THAT REFLECT ANNEXED PROPERTY IN PIERCE COUNTY. WHEREAS, the City of Auburn has annexed property that is in Pierce County; and WHEREAS, there are a number of references to King County requirements in the Auburn City Code; and WHEREAS, to recognize the City annexing property in Pierce County, there are amendments necessary to Title 14, entitled "Project Review"~ Title 16, entitled "Environment", Title 17, entitled "Land Division" and Title 18, entitled "Zoning" of the Auburn City Code to reflect both the King County and Pierce County governments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Titles 14 entitled "Project Review", Title 16 entitled "Environment", Title 17 entitled "Land Division" and Title 18 entitled "Zoning" of the Auburn City Code are hereby amended as set forth in the attached Exhibit "A" which is by Ordinance No, .5170 October 14, 1998 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 this reference made a part hereof as though fu~Lly set forth herein. Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of tlhe provisions adopted herein, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the remaining provisions thereof. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~ection 4___~. This Ordinance shall force five (5) days from and after as provided by law. take effect and be in its passage, approval and publication, INTRODUCED: October 19, 1998 PASSED: October 19, 1998 APPROVED: October 19, 1998 MAYOR Ordinance No. 5170 October 14, 1998 Page 2 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Da~ielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Ordinance No. 5170 October 14, 1998 Page 3 EXHIBIT "A" 14.18.040 Administrative review. A. The director shall forward to appropriate city departments and divisions one copy of the application for water and/or sewer availability, together with copies of any appropriate accompanying documents. The city departments and divisions shall review the proposal as to the availability of water and sewer, the conformance of the proposal to any plans, city policies or regulations pertaining to streets, utilities; and regarding any other issues related to the interests and responsibilities of the department or division. The application will then be processed in the following manner: 1. Individual Single-Family Home. If upon review by city departments and divisions, it is found that the single-family home meets all relevant city development standards, a pre- annexation agreement shall be prepared and signed by the city and the applicant. For properties located in Kin,q County ;the pre-annexation agreement must be recorded by at the appropriate King County -"--.:cccc~c, office. For properties located in Pierce County the pre-annexation aqreement must be recorded at the appropriate Pierce County office. A copy of the recorded a,qreement must be c.",d returned to the city prior to the issuance of the water and/or sewer availability certificates. If it is found that, for any reason, the individual single-family home cannot meet city development standards, the application shall be processed as an "other development" as described below. 2. All Other Developments. If upon review by city departments and divisions it is found that the development meets all relevant city development standards, a development agreement will be drafted which states that the applicant agrees to meet city development standards on this action and all subsequent development of the property. The development agreement will then be forwarded to the planning and community development committee for a public hearing as outlined in ACC 14.18.030 and 14.18.050. B. If upon review by city departments and divisions, it is found that the development cannot meet all development standards, for reasons outlined in ACC 14.18.070(B), a development agreement will be drafted detailing the city development standards that cannot be met and an agreed upon variation from the standard. The development agreement will state that the applicant agrees to meet all city development standards, or the specified variations from city standards, on this action and all subsequent development of the property. The development agreement will then be forwarded to the planning and community development committee for a public hearing as outlined in ACC 14.18.030 and 14.18.050. (Ord. 4872 § 1, 1996.) 14.18.070 Findings of faot. A. The development agreement shall be recommended for signing only if findings of fact are drawn to support the following: 1. The development is consistent with city development standards; and 2. The development is consistent with the city comprehensive plan; and 3. The property cannot be annexed immediately. B Modifications to city standards may be granted only if findings of fact are drawn to support the following: 1. Special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; or 2. That, because of special circumstances, the development of the property in strict conformity with city standards will not allow a reasonable and harmonious use of the property; or Exhibit "A" - Ordinance No. 5170 3. When applying city standards will result in a distinct "discontinuity" with adjacent development which was previously approved or constructed to K!~F, County standards; or 4. When applying city standards puts the developer in a position where K!:; the_County will not allow that development to take place. (Ord. 4872 § 1, 1996.) 14.18.080 Notice of decision to applicant. Following adoption of an ordinance approving or rejecting a development agreement, the director shall notify the applicant of the decision. The notice shall be accompar~ied by a copy of the adopted ordinance. If the ordinance is to approve the development agreement, the notice shall advise the applicant that the development agreement must be signed by the applicant and recorded b:,' =tthe appropriate King County ~.~cc:or'c office, for properties in Kin,q County, and for properties located in Pierce County the agreement must be recorded at the appropriate Pierce County office A recorded copy of :i_the development agreement must be returned to the city prior to the issuance of the water and/or sewer availability certificates. (Ord. 4872 § 1, 1996.) 16.08.050 Application - Notices. The director shall give notice of the application by the following methods: A. Publishing a notice within a newspaper of general circulation of the city. B. Mailing of the notice to the latest recorded real property owners as shown by the records of the K!~ County assessor's office within at least 300 feet of the boundary of the property upon which the development is proposed. C. The director shall post three copies of a "notice of application" prominently on the property concerned and in conspicuous public places within 300 feet thereof. The notices shall include a statement that any person desiring to present his view to the director with regard to the application may do so in writing to the director, and any person interested in the hearing examiner's action on an application for a permit may submit his views or notify the director of his interest within 30 days of the last date of publication of the notice. Such notification or submission of views to the director shall entitle said persons to a copy of the action taken on the application. (Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 73, 1985; 1957 code § 11.94.040 (b).) 17.06.020 Application, submittal and contents. A. Application. In addition to the requirements for a completed application as provided in ACC Title 14, application for subdivision approval shall be submitted to the department of planning and community development, shall be accompanied by applicable fees as established by ordinance and shall include the following: 1. A completed subdivision application form, blank copies of which are available from the department; 2. A completed environmental checklist form, blank copies of which are available from the department, unless the director and the applicant agree that an environmental impact statement must be prepared; 3. One sepia or photo vellum reproducible copy and 10 paper copies of a preliminary plat, prepared according to the provisions of this chapter; 4. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such proposed lot, conducted under th(; County bccrd Department of H_health rules and regulations. The city engineer may require that such tests be conducted under high ground water (winter) conditions; 5. A conceptual utility/site grading plan and/or methodology prepared in accordance with the city's comprehensive plans, standards or ordinance requirements; 2 6. The location of other utilities other than those provided by the city. An application for preliminary plat approval shall be approved, approved with conditions, returned to the applicant for modifications or denied pursuant to the department, unless the applicant agrees in writing to an extension of this time period. The department shall not be considered to be in receipt of an application for preliminary plat approval unless and until such time as the application meets the requirements of this section, as determined by the director. EL Preparation. The preliminary plat shall be prepared by a professional engineer or professional land surveyor registered or licensed by the state of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that all information is portrayed accurately and that the proposed subdivision complies with the standards and requirements of this title, the Auburn zoning ordinance and any other applicable land use and development controls. C. Scale and Format. The preliminary plat shall be drawn with India ink or other .reproducible black ink on mylar. All geographic information portrayed by the preliminary plat shall be accurate, legible, and drawn to an engineering (decimal) scale. The horizontal scale of a preliminary plat shall be 100 feet or fewer to the inch, except that the location sketch and typical street cross sections may be drawn to any other appropriate scale. A preliminary plat shall be 24 inches by 36 inches in size, and if more than one sheet is needed each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. D. Preliminary Plat Contents. A preliminary plat shall provide the following information: 1. General Information. The following information shall appear on each sheet of a preliminary plat: a. The name of the proposed subdivision, together with the words "preliminary plat", b. The name and address of the applicant, c. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat, d. Numeric scale, graphic scale, true north point and date of preparation, e. A form for the endorsement of the planning director, as follows: APPROVED BY RESOLUTION ~ OF THE CITY COUNCIL ON (Date) Director, Planning and Community Development Dept. Date f. Legal description of preliminary plat; 2. Vicinity Map. A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets, and other major manmade and natural features shall appear on the preliminary plat; 3. Existing Geographic Features. Except as otherwise specified herein, the following existing geographic features shall be drawn lightly in relation to proposed geographic features: a. The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines, b. All existing property lines lying within the proposed subdivision which are to be vacated, and all existing property lines lying within 100 feet of the property to be subdivided or within 100 feet of property lying adjacent to and under the same ownership as the property to be subdivided, c. The location, right-of-way widths, pavement widths, and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the proposed subdivision, d. The location, widths and purposes of any existing easements, including recording numbers, lying within or adjacent to the proposed subdivision, e. The location and size of existing sanitary sewer, storm sewer and water lines lying within or adjacent to the proposed subdivision, f. The location of existing section and municipal corporation boundary lines lying within or adjacent to the proposed subdivision, g. The location of any well used for domestic water supply existing within the proposed subdivision or within 500 feet of the boundaries of the proposed subdivision, h. Existing contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of one foot for average slopes not exceeding five percent. Existing contour lines which will be altered through filling or excavation shall be indicated by broken lines (final contour lines shall be indicated by solid lines, as provided by subsection (D)(4)(f) of this section). Contour lines shall be labeled at intervals not to exceed 20 feet, and shall be based upon city datum, e.g., NGVD, i. The location of any existing structures lying within the proposed subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines, j. The location of all areas of FEMA flood designations; 4. Proposed Geographic Features. The following proposed geographic features shall be shown: a. The boundaries and approximate dimensions of all proposed lots, and the proposed identifying number or letter to be assigned to each lot and/or block, b. The right-of-way location and width, the proposed name of each street, alley ,or other public way to be created and adequate horizontal and vertical street geometrics to ensure compliance with city standards, c. The location, width and purpose of each easement to be created, d. The boundaries, dimensions and area of public and common park and open space areas, e. Identification of all areas proposed to be dedicated for public use, together with the purpose and any conditions of dedication, f. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final contours shall be indicated by solid lines (existing contours which are to be altered shall be shown by broken lines, as provided by subsection (D)(3)(h) of this section). Contour lines shall be labeled at intervals not to exceed 20 feet, shall be based upon city datum e.g., NGVD, and shall be indicated by lines drawn lightly relative to other proposed geographic features; 5. Additional Information. The following additional information shall be shown on the face of the preliminary plat: a. For proposed subdivisions involving residential land uses, a table providing the following information for each distinct residential area: i. Proposed land use (e.g., single-family, duplex, multifamily), ii. Number of dwelling units, iii. Gross acreage, iv. Existing zoning designation, v. Proposed zoning designation, vi. Approximate area of smallest lot, b. Proposed source of domestic water supply, 4 c. Proposed sewage disposal system, d. Typical street cross section(s), e. Proposed storm drainage system. (Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.) 17.10.010 Application submittal and contents. A. Application. The original and two copies of a final plat meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the director and transmitted by the director to the council. The final plat shall be accompanied by a copy of the approved preliminary plat and any documents required by this section. An application for final plat approval shall be approved or returned to the applicant for corrections within 30 days of its receipt by the department unless the applicant agrees, in writing, to an extension of this time period. The department shall not be considered to be in receipt of an application for final plat approval unless and until such time as the application meets the requirements of this section, as determined by the director. B. Preparation. The final plat shall be prepared by a professional land surveyor licensed by the state of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct. C. Scale and Format. The final plat shall be drawn with India ink on mylar measuring 18 inches by 22 inches in size, allowing one-half inch for border. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. All signatures or certifications appearing on a final plat shall be in reproducible black ink. D. Final Plat Contents. A final plat shall contain the following information: 1. The name of the subdivision; 2. Legal description of the property being subdivided; 3. Numeric scale, graphic scale, true north point and date of preparation of the final plat; 4. The boundary line of the plat, referenced to city (USGS) datum and based on an accurate traverse, with angular and linear dimensions and bearings; 5. The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision; 6. The exact location, width and purpose of all easements and dedications for rights-of- way provided for public and private services and utilities; 7. True courses and distances to the nearest established street lines, or section or quarter section corner monuments which shall accurately locate the subdivision; 8. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and courses; 9. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet; 10. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs; 11. The accurate location of each permanent control monument. One such monument shall be located at each and every controlling corner on the boundaries of the parcel of land being subdivided; at each street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each point of reverse curve (PRC); and at each intersection of a street centerline with a plat boundary; 12. All plat meander lines or reference lines along bodies of water shall be established above, but not farther than 20 feet from the highwater line of such body; 13. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication; 14. Accurate outlines of any areas to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation; 15. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the city council or at the discretion of the property owner; 16. The name, and seal of the licensed land surveyor responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional arid geodetic details are correct; 17. A signed certification stating that the subdivision has been made with the free consent, and in accordance with the desires of the owner or owners. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage or maintenance of said street or other areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the city engineer as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant. At the discretion of the city engineer conveyances of right-of-way may be required to be by statutory warranty deed. The acceptance of right- of-way by the city shall not obligate the city to improve or develop the lands in the right- of-way; 18. Forms for the appropriate certifications of the finance director, city engineer and planning director, as follows: FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the City, and that all special assessments on any property herein contained dedicated as streets, alleys or for any other public use have been duly paid, satisfied or discharged, this day of ,19 Auburn Director of Finance CITY ENGINEER'S CERTIFICATE I hereby certify that this final plat is in compliance with the certificate of improvements issued pursuant to A.C.C. 17.08.020, and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this day of ,19 . Auburn City Engineer PLANNING DIRECTOR'S CERTIFICATE I hereby certify on this day of ,19 that this final plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by Resolution Number of ,19 __ of the Auburn City Council on the __ day Auburn Planning Director 19. A form for the approval of the mayor, pursuant to ACC 17.10.030, as follows: APPROVAL Examined and approved this day of ,19 ., pursuant to City Ordinance Number , adopted by the Auburn City Council on the day of , 19 Mayor ATTEST: Auburn City Clerk 20. A form for the certificate of the county ~inance division, as follows: C~FINANCE DIVISION CERTIFICATE I hereby certify that all property taxes are paid, that there are no delinquent special assessments certified to thiis office for collection, and that all special assessments certified to this office for collection on any of the property herein contained dedicated as streets, alleys or for other public use are paid in full this day of ,19 21. A form for the approval of the county assessor, as follows: f¢SESSOR'S APPROVAL Examined and approved this day of v;.... County Assessor Deputy ..... ~ County Assessor Account number 22, A form for the certificate of the .K!rt.~, County recorder, as follows: RECORDING CERTIFICATE Filed for record at the request of the City of Auburn this day of ,19 at minutes past __ .M., and recorded in Volume ~ of Plats, page Records of [King or Pierce) County, Washington. ' K!.".?~ County Recording Number ~ Manager Superintendent of Records 23. Any additional pertinent information as required at the discretion of the city engineer or planning director. E. Accompanying Documents. 7 1. In cases where any protective deed covenants will apply to lots or parcels within a subdivision, a typewritten copy of such covenants shall be submitted along with the final plat. 2. The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, showing the original or re- established corners, with the descriptions of the same, and the actual traverse showing error of closure and method of balancing. ^ sketch showing all distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet. 3. The final plat shall be accompanied by a current (within 30 days) title company certification of: a. The legal description of the total parcel sought to be subdivided; .b~ Those individuals or corporations holding an ownership interest in said parcel; c. Any lands to be dedicated shall be confirmed as being in the name of the owners signing the dedication certificate; d..Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by auditors file numbers and/or recording number; If lands are to be dedicated or conveyed to the city as part of the subdivision, an A.LT.A title policy may be required by the city engineer. 4. The final plat shall be accompanied by a computer check of the boundaries, streets centerlines, lots, blocks and !ot area 5. The final plat shall be accompanied by a copy of the approved preliminary pi,at for the property in question. 6. All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider. (Ord. 4296 § 2, 1988) 17.14.030 Application. In addition to the requirements for a completed application as set forth in ACC Title 14, an application for short subdivision approval shall be submitted to the department of planning and community development on forms to be provided by the department, and shall provide the following information: A. The name, address and telephone number of the applicant; B..A certification by the applicant showing the entire contiguous land in which there is any interest by reason of ownership, contract for purchase, earnest money agreement or option by any person, firm or corporation in any manner connected with the development, and the names and addresses and telephone numbers of all such persons, firms or corporations; C. The existing zoning classification; D. The square footage.computation of each lot or parcel sufficiently accurate to show that such lot or parcel contains at least sufficient footage to meet minimum zoning and health requirements. The square footage of land contained in access easements or access panhandles shall not be included in the lot size computations; E. The source of water supply for each lot, including proposed well locations and easements, if any; F. The method of sewage disposal and, if septic tanks are to be used, preliminary percolation test must be submitted. The percolation tests must be conducted in ccordance w~th ..... ~ County Health Department regulations. A separate percolation test must be pert'ormed on each lot of the proposed short subdivision and submitted to the department of public works for approval. The city engineer may require that such tests 8 be made under high ground water (winter) conditions. In lieu of requiring that percolation test results be submitted at the time of application, the planning director may approve a short plat, subject to a condition that the required test results be submitted and approved by the city engineer before the plat can be recorded. If septic tanks and drainfields are used for a sewage disposal system then the subdivider shall be required to sign a nonremonstrance agreement if a future local improvement district is formed providing for public sanitary sewers to serve the short plat; G. A short plat prepared on the forms supplied with the application and containing the following information: 1. A legal description of the short subdivision and of all the lots, tracts or parcels therein, together with the legal description of private roads and easements therein, 2. The date, scale and north arrow, 3. The boundary lines to scale of the tract to be subdivided and of each lot contained therein. All boundary lines to be properly dimensioned, 4. The number assigned to each lot, 5. The location and widths of any easements for public services and utilities within the area contained within the short subdivision, 6. The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision, 7. The map and legal descriptions included in the application for a short subdivision shall be prepared and certified by a registered land surveyor; H. Any additional pertinent information required by the planning director. (Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.) 17.14.100 Improvement requirements. A. Lot Area and Dimensions. Each lot created by short subdivision shall contain sufficient square footage and lot dimensions to meet the requirements of ACC Title 18. Each lot to be served by an on-site sewage disposal system shall be a minimum of 15,000 square feet in area and shall also meet the minimum lot area requirements of the ..... ~ County .....Department of hHealth rules and regulations, as determined by the public works department. Land cont~ned in access easements, tracts or panhandles shall not be included in lot area or lot dimension calculations for the purposes of this section. B. Conformance with Adopted Plans. Street, water, sewer and storm drainage facilities adjacent to or within the short subdivision shall be in conformance with the adopted city ordinances, standards and policies. Easements for utilities recommended by such plans shall be provided to the city, the exact location of such easements to be determined by the city engineer. C. Floods, Flood Control and Storm Drainage. 1. Where any portfon of the proposed short subdivision lies within the one percent flood hazard area or the regulatory floodway, the director shall impose a condition on the short plat requiring the subdivider to conform to the Federal Emergency Management Agency (FEMA) flood hazard requirements. 2. A conceptual storm drainage/site grading plan may be required to be submitted, as part of the short plat, as determined by the city engineer. D. Adjacent Streets. When any public street lying adjacent to the property being short subdivided has insufficient width or for any other reason does not conform to minimum street standards, as described in ACC 17.12.090 through 17.12.150, sufficient additional right-of-way shall be dedicated to the city and appropriate improvements shall be made by the subdivider to conform the abutting half of the street to such standards. Such improvements may be delayed if guaranteed to the satisfaction of the city engineer. Any 9 such guarantee shall be recorded with the plat and shall be binding upon the property owner and the owner's heirs, successors and assigns. In deciding whether a delay should be allowed, the city engineer shall consider the present and future need for such improvement, the improved or unimproved nature of adjacent right-of-way, and whether or not street grades have been established. E Access. 1. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened, constructed and maintained public street or shall be served by a private street, access easement, tract or panhandle having direct access to such a public street. Where private streets and access easements are provided, they shall be improved or guaranteed to the standards considered appropriate to the situation by the city engineer, but in all cases shall be paved to a minimum depth of two inches and a minimum width of 20 feet. 2. All private streets, access easements and panhandles shall be capable of meeting the fire access requirements of Chapter 13.16 ACC, in addition to any other requirements of this title, including, but not limited to, all-weather surface material as provided by city engineer, where not otherwise required to be paved, and minimum turnaround requirements on dead-end streets or access easements as specified by the fire department. 3. A private street, access easement or panhandle providing access to not more than one dwelling unit shall be a minimum of 20 feet in width. 4. A private street, access easement or panhandle serving one or more residential lots capable of supporting more than one but fewer than 25 dwelling units in the aggregate, under the zoning requirements in effect on the date of short plat approval, shall be a minimum of 30 feet wide, except that where more than one such access way is provided to such lot or lots, the minimum width of each shall be 20 feet. 5. A private street, access easement or panhandle serving one or more residential lots capable of supporting 25 or more dwelling units in the aggregate, under the zoning requirements in effect on the date of short plat approval, shall be a minimum of 50 feet wide, except that where more than one such access way is provided to such lot or lots, the minimum width of each shall be 30 feet. 6. A private street, access easement or panhandle providing access to one or more commercial or industrial lots shall be a minimum of 30 feet wide; provided, that the planning director may require such access to be up to 60 feet wide upon finding that such greater width is necessary to provide for adequate access and circulation. 7. The maximum number of lots to be served by a private street or access easement shall be four. 8. Cul-de-sacs/dead ends shall not be more than 600 feet in length. F. Dedication of Streets. 1. Dedication of a public street or streets may be required, whenever the planning director finds that one or more of the following conditions applies: a. The general alignment of a proposed private street, access easement or panhandle follows the general alignment of a future arterial recommended by the traffic circulation element of the comprehensive plan; or b. The general alignment of a proposed private street, access easement or panhandle can be reasonably modified to provide a desirable through connection between two or more existing or planned public streets or arterials; or c. A public street would be necessary to provide adequate access to adjacent property not subject to the proposed short subdivision. 2. Whenever the director makes such a finding the short plat shall be returned to the applicant and a public hearing scheduled on the proposed street dedication. The hearing 10 shall be conducted by the hearing examiner pursuant to ACC 18.66.150 and the examiner shall make a recommendation to the city council pursuant to ACC 18.66.170. Subsequent to the council's decision, the applicant shall prepare a statutory warranty deed, dedicating the street, and together with the deed return the short plat to the director for final action. G. Fire Hydrants. All lots within a short plat shall be capable of being served by a fire hydrant as required by Chapter 13.16 ACC. Property zoned RR, rural residential, may be exempt; provided the requirements of ACC 13.16.030 are met. (Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.) 17.16.030 Administrative review. An application for a lot line adjustment shall be approved, approved with conditions, returned to the applicant for modifications or denied within 15 days of its receipt of a complete application by the department. The department shall not be considered to be in receipt of a complete application unless and until such time as the application meets the requirements of ACC 17.16.020, as determined by the director. A. The planning director shall forward one copy of the proposed lot line adjustment plan to the public works and fire department who shall review the plan and submit comments to the planning director within 10 days of receipt. B. Following receipt of the comments of those consulted under subsection A of this section, but no later than 15 days following receipt of a complete application, the planning director shall approve or deny the requested lot line adjustment. In making a decision, the director shall make appropriate findings of fact in writing. Following a decision, the director shall notify the applicant. The applicant shall then record the lot line adjustment w!th at th~King County offices, for properties located in King County, or recorded at the aDoroDriate Pierce County officea~ for properties located in Pierce County. The lot line adiustment must be recorded within 30 days or the lot line adjustment shall be null and void. A record&:l copy shall also be returned to the City. C. An aggrieved person may appeal the director's decision on a lot line adjustment, within 14 days of mailing the Director's decision, to the hearing examiner, in accordance with procedures prescribed in ACC 18.70.050(B) through (E). The hearing examiners decision shall be final unless appealed to the city council prescribed in ACC 18.66.160. (Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.) 17.22.050 Revised plat drawings. A. If the council approves an alteration the applicant shall provide a revised plat drawing to reflect the alteration. The drawing shall also contain any revised legal descriptions. B. The revised drawing may need to be prepared by a licensed land surveyor if the council determines the alteration is detailed enough to require complete and accurate drawings. C. The revised drawing shall be signed by the mayor and it shall be the applicant's responsibility to have the revised drawing recorded at the appropriate King County offices for properties located in Kin.q County or recorded at the appropriate Piercn County offices for properties located in Pierce County; (Ord. 4296 § 2, 1988.) 18.04.530 Lot. "Lot" means a parcel of land. "Lot" also means a legal lot for building purposes which shall be 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 required in this title. Such lot shall have access to an improved public street, or to an approved private street, and may consist of: 11 A. A single lot of 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 .v.!,,.~ 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. (Ord. 4229 § 2, 1987.) 18.04.580 Lot of record. "Lot of record" means a lot which is recorded in the offices of King County or Pierce County and in conformance with this title and the land division ordinance. (Ord. 4503 § 1, 1991; Ord. 4229§2, 1987.) 18.36.020 Process. The approval process for business parks is in two steps. The first step in the conceptual approval of the business park, by the hearing examiner and city council, this step also approves the rezone to the business park district. 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 the rezone process as specified in ACC 18.68.030(B)(1)(a). The rezone shall be a contract rezone and shall include an agreement that establishes the type, square footage and general location of the uses; the 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/developer has demonstrated that a public benefit will result and the project contains architectural, site, and landscape design standards that are significantly superior to those typically required in the other industrial and commercial zones. 3. No significant impacts on the public infrastructure shall occur that cannot be effectively mitigated by the development of the business 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. 2. From the date of filing a complete application the planning director shall within 30 calendar days either approve, deny, or approve with conditions the site plan. The decision of the director shall be final unless appealed to the hearing examiner pursuant to ACC 18.70.050. 3. The city attorney shall prepare the necessary documents, approving the site plan, which shall be recorded at the al3DroDriate King County office; for oroperties located in Kin,q County, or recorded at the appropriate Pierce County office for properties located in Pierce County. (Ord. 4229 § 2, 1987.) 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 land with an area and/or a width or depth less than that prescribed for a lot in any residential district, then the fact that the 12 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. 1. For single-family homes on substandard lots, the following special provisions for lot coverage and setbacks may apply: a. Lot Coverage. Lot coverage may be determined by using the following formula: (NB) * C = D(%) A = Lot area required by Zoning Code. B = Lot area of existing lot. C = Percentage of lot coverage allowed by Zoning Code. D = Percentage of lot coverage allowed for the substandard lot. In no case shall the lot coverage exceed 50 percent, unless otherwise allowed by this title. b. Front and Rear Yard Setbacks. Either the front or rear yard setback may be .determ ned by using the following formula: (NB) * C = D A = Depth of the existing lot. B = Lot depth required by Zoning Code. C = Front or rear yard setback required by Zoning Code. D = Front or rear yard setback allowed for the substandard lot. In no case shall the front or rear yard setback be less than 10 feet, unless otherwise allowed by this title. c. Side Yard Setbacks. Side yard setbacks may be determined by using the following formula: (NB) * C = D A = Width of the existing lot. B = Lot width required by Zoning Code. C = Side yard setback required by Zoning Code. D = Side yard setback allowed for the substandard lot. In no case shall the interior side yard setback be less than three feet or the street side yard setback less than 10 feet, unless otherwise allowed by this title. B. 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, except those lots created prior to August 24, 1968, which was the adoption date of the previous subdivision ordinance, Number 2204. (Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) C. Lots created by the Pierce County assessor's office shall not be considered a~ buildino lots or lots that can be fUrther subdivided unless in accordance with this title and land division ordinance, except those lOts leqally created prior to any land bein.q annexe, I to the City of AubUrn. ' 18.52.020 Required off-street parking - Minimum standards~ The number of off-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 principal use, or as otherwise provided for in this chapter. Parking requirements in downtown are eligible for a reduction 3ursuant to ACC 18.52.030(A). A. Residential. 1. Single-family: one parking space per two bedroom dwelling, two parking spaces per three or more bedroom dwelling; 13 2. Two-family (duplex): one and one-half parking spaces per one bedroom and two bedroom living units, two parking spaces per three or more bedroom living units; 3. Multifamily: one and one-half parking spaces per one bedroom and two bedroom units, two parking spaces per three or more bedroom units, for developments in excess of 50 dwelling units, one screened space for each 10 dwelling units shall be provided for recreational vehicles; 4. Mobile homes: one parking space per one bedroom and two bedroom units; two parking spaces per three 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 per each 10 mobile home sites within the development; 5. Boardinghouses and Iodginghouses: one parking space for the proprietor plus one space per sleeping room for boarders and/or lodging use plus one additional space for each four persons employed on the premises; 6. Fraternities, sororities, and dormitories: one parking space for each four beds; 7. Multifamily dwellings, for the elderly, operated under contract with a public agency or subsidized under a state, local or federal program: one parking space for each four dwelling units, a minimum of four spaces shall be provided. A binding legal agreement must be executed guaranteeing that the dwellings will be used exclusively for this use. The agreement shall be approved by the city attorney and recorded at the appropriate King County office, for properties located in KinR County, or recorded at the appropriat~ Pierce County office for properties located in Pierce Counb/. B. Commercial Activities. 1. Auto, boat, or recreational vehicle sales or leasing, new or used: one space per 5,000 square feet of outdoor sales area, one space per 1,000 square feet of showroom and services facilities, and one space per each 250 square feet of office area, but in no case shall there be less than six spaces provided. The outdoor sales area shall be paved in accordance with ACC 18.52.050(A) and landscaped in accordance with ACC 18.50.060(H)(1); 2. Drive-in businesses: One parking space for each 100 square feet of gross floor area; 3. Food retail stores and markets: one parking space per 200 square feet of gross floor area, a minimum of six parking spaces shall be provided; 4. Mini-marts and self-service gas stations: one parking space per 200 square feet of gross floor area in addition to pump island spaces; 5. Health and physical fitness clubs: one space per 100 square feet of gross floor area; 6. Laundry, self-service: one parking space per four washing machines, a minimum of five parking spaces shall be provided; 7. Manufactured home sales lots: one space per 5,000 square feet of outdoor sales area, and one space per 250 square feet of office area; 8. Mortuaries or funeral homes: one parking space per four seats in the assembly area, computed as seven square feet of floor area per seat; 9. Motels, motor hotels and hotels: one and one-quarter parking spaces per sleeping unit; 10. Motorcycle and other small engine vehicle sales and service: one space for each 400 square feet of gross floor area of the building and one space for each 1,000 square feet of outdoor sales area. The outdoor sales area shall be paved in accordance with ACC 18.52.050(A) and landscaped in accordance with ACC 18.50.060(H)(1); 11. Motor vehicle repair and services: one parking space per 400 square feet of gross floor area, a minimum of three spaces shall be provided; 12. Offices, including professional and business, banks and related activities: one space per 300 square feet of gross floor area. Parking reductions for the downtown (ACC 14 18.52.030 (A)(1)) shall not be deducted from this parking requirement. Up to 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 classification. (See subsection (D) of this section for doctor's offices, and clinics, etc.); 13. Personal service shops: one parking space per 400 square feet of gross floor area, a minimum of two shall be provided; 14. Restaurants, nightclubs, taverns and lounges: one space per 100 square feet of gross floor area; 15. Shopping centers: one parking space per 250 square feet of gross leasable floor area; 16. Video arcades: within a range of one space per three video machines and one space Per one machine as may be determined appropriate by the planning director, considering availability of existing parking, the nature of related business, and expected clientele of the arcade; 17. Other retail establishments, including but not limited to appliances, bakeries, dry cleaning, furniture stores, hardware stores, household equipment service shops, clothing or shoe repair shops: one parking space per 500 square feet of gross floor area; 18. Private lodges, with no overnight boarding facilities: one parking space per 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 parking space per 1,000 square feet of gross floor area; 2. Warehouse and storage: Building Size (In sq. ft.) Parking Requirements Up to 20,000 1 per 2,000 sq. ft. (3 minimum) 20,001 - 100,000 1 per 2,500 sq. ft. (10 minimum) 100,000 and up I per 3,000 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; 4. Office space shall provide parking as required for offices. D. Medical Facilities. 1. Convalescent, nursing and health institutions: one parking space for each two employees, plus one space for each three beds; 2. Hospitals: two parking spaces for each bed; 3. Medical, dental, and other doctor's offices: one space per 200 square feet of gross floor area. E. Public Assembly and Recreation. 1. Assembly halls, auditoriums, stadiums, sports arenas, and community clubs: one parking space per three fixed seats, where fixed seats consist of pews or benches, the seating capacity shall be computed upon not less than 18 linear inches of pew or bench length per seat. Where movable chairs are provided, each seven square feet of the floor area to be occupied by such chairs shall be considered as a seat; 2. Bowling alleys: five spaces per bowling lane, additional parking for food and beverage on same premises shall be required as per subsection (B)(14) of this section, and for spectator or assembly seating as per subsection (E)(1) of this section; 15 3. Churches: one parking space per five seats, in computing seating capacity and requirements for assembly area without seats, use requirements as set forth for assembly halls per subsection (E)(1) of this section; 4. Dance halls: one parking space per 100 square feet of gross floor area; 5. Libraries and museums: one parking space per 250 square feet of gross floor area; 6. Miniature and/or indoor golf: one parking space per hole; 7. Parks: as determined by the planning director and/or hearing examiner on an individual basis; 8. Skating rinks: one parking space per 400 square feet of gross floor area. F. Educational Activities. 1. Elementary and junior high schools: one and one-half parking spaces for each classroom or teaching station; 2. High schools: one parking space for each employee, plus one parking space for each eight students; 3. School auditoriums, stadiums and sports arenas: see requirements as set forth in subsection (E)(1) of this section; 4. Colleges and universities: upon review by planning director and hearing examiner; 5. Nursery schools and daycare centers: one parking space for each employee plus loading and unloading areas; 6. Business and/or beauty schools: one parking space per 200 square feet of gross floor area. G. Other Uses. For uses not specifically identified in this chapter, parking shall be provided as specified for the use which, in the opinion of the planning director, is most similar to the use under consideration. (Ord. 4949 § 1, 1997; Ord. 4304 § 1(40), (41), 1988; Ord. 4229 § 2, 1987.) 18.52.030 Reductions of the quantity of,required parking. Reductions of the quantity of required parking may be allowed based upon the following provisions and the project location as shown in the following table: C-2 Zone Downtown Citywide Waiver of parking requirement for change of use or if addition is smaller than 25 percent of floor area (ACC 18.52.010 (A)(1) and (2)) Yes No No Waiver of parking requirement for change of use or additions if five or less spaces (ACC 18.52.010(B)(3) and (4)) N/A Yes Yes 25 percent reduction of required parking (ACC 18.52.030(A)(1)) Yes Yes No Nonremonstrance (no protest agreement) (ACC 18.52.030 (A)(2)) Yes Yes No Joint use of parking (ACC 18.52.030(B)) No No Yes Mixed occupancies and shared uses (ACC 18.52.030(C)) No No Yes Reduced parking demand study (ACC 18.52.030(D)) Yes Yes Yes Valet parking (ACC 18.52.030(E)) Yes Yes Yes A. Downtown. 1. The parking requirements of ACC 18.52.020 are reduced by 25 percent for all uses within the downtown as defined by comprehensive plan map 3.3, except for medical facilities (ACC 18.52.020(D)), residential uses and parcels abutting Auburn Way. 16 2. The planning director shall determine if up to 10 percent of the parking spaces required in this chapter within the downtown for nonresidential uses may be satisfied through the signing of a binding, nonremonstrance (no-protest) agreement with the city. The agreement will ultimately be utilized by the city to support the construction of new public parking facilities that are required to meet the parking demand within the Central Business District. Factors to be considered include: (a) the possibility of joint use parking, (b) relationship to existing and proposed future public lots and on-street parking, (c) impacts upon adjoining uses, and (d) the physical characteristics of the site. The planning director's decision is appealable to the hearing examiner. 3. Downtown uses which qualify for the reduction in subsection (A)(1) of this section shall not receive additional reductions through the provisions of subsections (B) and (C) of this section. B. Joint Use of Parking Facilities. 1. A reduction in the total number of required parking spaces may be allowed when two or more uses with different peak parking demands will share a parking facility. 2. Calculation of Shared Parking Requirements. When joint use of parking facilities is proposed, the number of required parking spaces shall be determined by the following procedure: a. Multiply the minimum parking requirement for each individual use as provided in ACC 18.52.020 by the appropriate percentage listed in the table below for each of the five designated time periods; b. Sum each of the five vertical columns for the table; c. The minimum parking requirement is given by the highest sum resulting from Step (2)(b). Calculation of Shared Parking Requirements Weekdays Weekends Uses Night Day Evening Day Evening Midnight 9:00a.m. 6:00 pm 9:00 am 6:00 pm to 6:00 am to 4:00 to to to 4:00 pm Midnight 6:00pm. am Residential 100% 60% 90% 80% 90% Office/Industrial 5% 100% 10% 10% 5% Commercial/Retail (non- 5% 70% 90% 100% 70% office) Hotel/Motel 80% 80% 100% 80% 100% Restaurant (non-fast 10% 50% 100% 50% 100% food) EntertainmentJRecreation 10% 40% 100% 80% 100% (theaters, bowling alleys, etc.) Churches 5% 10% 30% 100% 80% All others 100% 100% 100% 100% 100% 3. The provisions in this subsection shall not result in a reduction of more than 25 percent from the requirements which would apply in the absence of this section. These provisions shall not be applied in addition to the parking reduction for downtown (subsection (A)(1) of this section). 17 4. This provision shall only apply to residential uses within the commercial zoning districts. 5. The off-street parking facilities to be used jointly shall be located within a walking distance of 500 feet of the use which they are to serve. 6. Reductions for the joint use of existing parking facilities may be allowed where there has been a change in use of the existing building that reduced the parking requirements. Documentation of the change in use, the reduced parking requirement, the number of excess spaces and the analysis of subsections (B)(1) and (2) of this section must be submitted to the planning director for approval. 7. The concerned parties shall execute a binding legal agreement for as long as the joint use of parking is proposed. The agreement shall be nonrevocable, and written such that if the joint use parking becomes unavailable, then substitute parking meeting all of the requirements of this chapter must be provided or the use must be discontinued. The agreement shall be approved by the city attorney and recorded at the a~orooriate King County office, for properties located in Kinq County, or recorded at the appropriatn Pierce County office for properties located in Pierce County. C. Mixed Occupancies and Shared Uses. 1. In the case of two or more principal uses in the same building, the total requirements for off-street parking facilities shall be 75 percent of the sum of the requirements for the principal uses computed separately. Parking reductions for the downtown (subsection (A) of this section) shall not be added to this provision for a reduction in parking requirements. 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 use shall not be considered as providing required parking facilities for any other use, unless joint use parking is approved pursuant to subsection (B) of this section. D. Reduced Parking Demand Study. 1. An applicant may be allowed to provide less than the required parking spaces by submitting a parking study that describes how parking demand can be met with a reduced parking requirement. Reasons for reducing the parking requirement under this section may include, but is not limited to: (a) unique characteristics of the use, (b) location adjacent to transit facilities, or (c) adoption of an approved transportation demand management plan. 2. The applicant shall provide a proof of future parking plan which shows the location for all minimum required parking spaces in conformance with all applicable requirements. These areas shall be set aside and landscaped or treated in such a manner so that they may not be used for parking. The city may require installation of some or all of the additional spaces whenever a need arises. If the owner fails to comply, the city may undertake the installation. A bond shall be secured for a five-year period to cover the costs of converting those spaces to parking. The value of the bond shall be determined by the planning director based upon the cost of installing the initial parking area. 3. The parking study and the proof of future parking plan must be approved by the planning director. A binding legal agreement guaranteeing the provisions of this section shall be approved by the city attorney and executed and recorded at the appropriate King County office, for properties located in KinR County, or recorded at the appropriate Pierce County office for properties located in Pierce County. E. Valet Service. 18 1. For public assembly and recreational uses, restaurants, funeral homes and other uses requiring more than 500 parking spaces, an applicant may be allowed to provide less than the number of required parking spaces if valet parking is fo be used. A reduction in the amount of required parking per ACC 18.52.020 as high as 25 percent may be permitted, depending on the size and type of the use if approved by the planning director. 2. The applicant may be required to provide a proof of future parking plan which shows the location for all minimum required parking spaces in conformance with applicable setback requirements. The city may require installation of some or ail of the additional spaces whenever a need arises. The parking study and the proof of future parking plan must be approved by the planning director. A binding legal agreement guaranteeing the provisions of this section shall be approved by the city attorney and executed and recorded at the appropriate offices of King County, for properties located in Kin.q County, or recorded at the appropriate offices of Pierce County for properties located in Piercp. County. (Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) 18.54.060 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures. A. Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include but is not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. B. No structural alterations, as defined by the Uniform Building Code, shall be made except as required by law or ordinance; provided, that the cost of such work shall not exceed 50 percent of the assessed valuation of such structure as established by the most current K!~; County assessor's tax roll. C. A nonconforming structure having been damaged or partially destroyed to an extent not exceeding 50 percent of the assessed valuation of such structure as established by the most current ,v.!:; County assessor's tax roll, may be restored to its original condition, as authorized by the city's building official, and its immediately preceding or existing use at the time of partial destruction may be continued or resumed. Restoration shall begin within one year and be completed within two years of the date of partial destruction. If restoration is not started within one year, then the reuse and occupancy of the structure shall conform to all the regulations of the district in which the use is located. D. Structures or lands which are nonconforming as to use regulations shall not be enlarged or intensified in any manner unless the enlargement within such structures or lands conforms to all regulations of the district in which it is located. 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, setbacks, building height or density shall not be enlarged unless such enlargement conforms to the regulations of the district in which it is located. F. Nonconforming residential structures are allowed to provide maintenance, alterations and additions which may exceed the requirements of this chapter; provided the total number of dwelling units does not increase and all other development standards of the district are complied with. G. This chapter shall not prevent the following provided the total value of the improvements, over the lifetime of the nonconforming use, does not exceed 50 percent of the assessed value of the nonconforming use as established by the most current ?-!~7, County assessor's tax roll; and, the nonconforming use or structure is not expanded 19 except as allowed by subsection (H) of this section; provided further, that any replacement of a nonconforming structure, or parts thereof, must comply with the appropriate development standards unless a special exception is granted pursuant to ACC 18.70.020. 1. Strengthening or restoring to a safe condition any nonconforming structure or part thereof which is declared to be unsafe or a hazard to the public by the order of a city official charged with protecting the public safety; 2. Lessening a hazardous situation, nuisance or other adverse environmental impact; 3. Bringing the structure or use into more conformance with this title; 4. Adapting the structure to new technologies or equipment; 5. Improvements which do not increase the intensity of the nonconforming use, H. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted by means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020 to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of the ordinance codified in this title; provided further that the addition otherwise meets the standards of this title and other requirements of the 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 hazardous material storage. I. When a building or structure is moved to another location it must then be made to conform to the requirements of the district to which it is moved, unless specifically allowed elsewhere by this title. J. Nonconforming single-family residential homes and their accessory structures may be replaced and the new structure shall either meet the development standards of the district in which the home is located or the new structure shall not be more nonconforming than the previous use. All other applicable building and fire code requirements must be complied with. (Ord. 4705 § 2, 1994; Ord. 4304 § 1(43), 1988; Ord. 4229 § 2, 1987.) 18.54.070 Abatement of nonconforming structures and uses. Nonconforming structures and uses shall be abated if one or more of the following circumstances exist: A. If a nonconforming use is discontinued and changed to a conforming use, any future use of the structure or land shall be in conformity to the regulations of the district in which structure or land is located; 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 continuous period of 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 commercial or industrial zones which are unoccupied for more than 180 days may be allowed to reoccupy if a special exception is issued pursuant to ACC 18.70.020; C. If a nonconforming structure sustains damage or destruction which exceeds 50 percent of the current assessed valuation of the structure as established by the County assessor's 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. (Ord. 4229 § 2, 1987.) 20 18.68,060 Contract rezones. In order to mitigate any impacts that may result from a rezone ihe city may enter into a contract with the property owner. The contract shall outline the conditions of approval and the obligations of the property owner. The 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 appropriate King County ~ d!u!c!c.",office, for properties located in Kin,q County, or recorded at the appropdatn Pierce County offices for properties located in Pierce County. Any amendments to the contract shall be approved by the city council. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.) 21