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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
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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
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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;
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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,
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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.
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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
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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
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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:
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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;
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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.)
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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.)
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