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HomeMy WebLinkAbout5863 ~ ORDINANCE NO. 5 8 6 3 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 18.32.020, 18.32.030, 18.32.040, 18.32.060, 18.50.050 OF AND ADDING A NEW SECTION 18.50.080 TO THE AUBURN CITY CODE, RELATING TO ZONING AND LAND USE WHEREAS, from time to time, amendments to the City of Auburn Zoning Code are appropriate to update and better reflect the current development needs of the City; and, WHEREAS, a need has been identified to review general landscape and screening requirements, and the outdoor storage requirements of the M1 (Light Industrial) Zone; and, WHEREAS, on June 16, 2004, the City of Auburn Planning Commission held a public hearing on the proposed amendments, took testimony and received comments, and made a recommendation to City Council; and, WHEREAS, in accordance with the requirements of the State Environmental Policy Act (SEPA), the environmental review on the proposal has been completed; and WHEREAS, the proposal was sent to State agencies for the 60-day review period in accordance with RCW 36.70A.106, which review has been completed; and WHEREAS, the City Council of the City of Auburn considered the Auburn Planning Commission recommendation. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOllOWS: Section 1. Amended City Code Section. That Section 18.32.020 of the Auburn City Code (M-1 Light Industrial District) is hereby amended to read as folllows: 18.32.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an M-1 district shall only be used for the following, unless otherwise provided for in this title: A. Building and construction contractor services; ------------------------------ Ordinance No. 5863 July 13, 2004 Page 1 B. Caretaker quarters, not more than one per establishment; C. Cold storage plants; D. Household movers and storage; E. Janitorial services; F. Job training and vocational rehabilitation; G. Manufacturing, assembling and packaging of articles, products and merchandise from previously prepared synthetic or natural materials, including but not limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay (pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass finishing), graphite, hair, horn, leather, paper, paraffin, plastics or resins, precious or semi-precious metals, or stones, putty, pumice, rubber (excluding tire manufacturing or recapping, assembling of a premanufactured tread is however permitted), shell, textiles, tobacco, wire, wood, wool, and yarn; H. Manufacturing, processing, blending and packaging of the following: 1. Dairy products and by-products such as milk, cream, cheese and butter, including the processing and bottling of fluid milk and cream, 2. Drugs, pharmaceuticals, toiletries, and cosmetics, 3. Food and kindred products limited to activities such as confectionery products, bakery products, and beverages bottling, 4. Soaps, detergents, and other household cleaners from previously prepared natural materials and not involving the use of liquid bleach, liquid chlorine, liquid ammonia, or caustics; I. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals; J. Manufacturing establishments engaged in electronic, automotive, aerospace, missile, airframe, or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engines, major components, and whole electronic or electrical devices, automobiles, aircraft, missiles, aerospace, or underwater vehicles, but specifically excluding explosive fuels and propellants; K. Manufacturing, processing, assembling and packaging of precision components and products, including precision shops for products such as radio and television equipment, business machine equipment, home appliances, scientific, optical, medical, dental, and drafting instruments, photographic and optical goods, phonograph records and other recording media, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character; L. Manufacturing, assembling, packaging and development of computer equipment and software, and related products; M. Outside storage limited to 10 percent of the floor area of the associated building provided the storage is supplemental to the permitted use, located to the rear of the property and does not abut on a street and is separated by another use such as a building or parking lot; ------------------------------ Ordinance No. 5863 July 13, 2004 Page 2 MN. Printing, publishing, and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, and film processing; GN. Professional offices related to an on-site permitted use or larger than 50,000 square feet of floor area; OP. Research, development and testing of a permitted use; PQ. Restaurants and related eating establishments limited to serving a permitted use on the same site; QR. Retail and wholesale trade of products manufactured, processed or assembled on-site; RS. Warehousing and distribution facilities, to include wholesale trade not open to the general public. This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property; S+. On-site daycare serving specified permitted uses; IY. On-site recreational facilities serving specified permitted uses; UV. Other similar uses and accessory uses and buildings appurtenant to a principal use which the planning director finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M-1 zone. (Ord. 4910 § 1,1996; Ord. 4294 § 1(15),1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.) Section 2. Amended City Code Section. That Section 18.32.030 of the Auburn City Code (M-1 Light Industrial District) is hereby amended to read as folllows: 18.32.030 Uses requiring administrative permits. The following uses and activities in an M-1 district may be permitted by means of an administrative permit, issued in accord with ACC 18.64.020(B), if the development plan of such use is found by the planning director to be consistent with the purpose of the zone and the related policies of the comprehensive plan: A. Auction houses, excluding animals; B. Automobile service station; C. Automobile service and repair; D. Automobile washes; E. Banks and financial institutions; F. Convenience grocery stores; G. Daycare, including mini daycare center, daycare centers, preschools or nursery schools; H. Delicatessens and restaurants; I. Equipment rental and leasing; ------------------------------ Ordinance No. 5863 July 13, 2004 Page 3 J. Health and physical fitness clubs; K. Horticultural nurseries; L. Mini-storage warehouses; M. Outside storage or other outside uses that are supplemental to a permitted use, limited to 30 percent of the floor area of the associated building provided storage is located to the rear of the property and does not abut on a street and is separated by another use such as a building or parking lot; NM. Personal service shops; GN. Professional offices, including corporate headquarters; PO. Retail sales of the following and similar related products: 1. Computers, 2. Farm and garden supplies, 3. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper, and related goods, 4. Lumber and building materials, 5. Office supplies and equipment; PQ. Reupholstery and furniture repair; OR. Secretarial services; RS. Small appliance repair. (Ord. 4910 § 1, 1996; Ord. 4304 § 1(16), 1988; Ord. 4229 § 2,1987.) Section 3. Amended City Code Section. That Section 18.32.040 of the Auburn City Code (M-1 Light Industrial District) is hereby amended to read as folllows: 18.32.040 Uses requiring conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Automobile sales new and/or used to include passenger trucks and recreational vehicles; B. Automobile and truck rental; C. Commercial recreation, including animal race tracks; D. Heliports; E. Heavy equipment sales, limited to new equipment with used equipment being a secondary use; F. Government facilities; G. Motels; H. Outside storage or other outside uses that are supplemental to a permitted use, limited to 50 percent of the floor area of the associated building or is not located to the rear of the property or abuts a street; Hl Radio and television transmitting towers; ------------------------------ Ordinance No. 5863 July 13, 2004 Page 4 !J. Shopping centers, must involve a minimum of 250,000 square feet of floor area; .JK Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright; Kb. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of floor area; .!:M. Religious institutions, to be located in existing facilities only; MN. Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under ACC 18.48.090; NG. Adult uses; OP. Secure community transition facilities meeting the standards established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 5690 § 1, 2002; Ord. 4910 § 1, 1996; Ord. 4590 § 6 (Exh. E), 1992; Ord. 4304 § 1(17), 1988; Ord. 4229 § 2, 1987.) Section 4. Amended City Code Section. That Section 18.32.060 of the Auburn City Code (M-1 Light Industrial District) is hereby amended to read as folllows: 18.32.060 Supplemental development standards. Supplemental development standards in an M-1 district are as follows: A. All activities shall be conducted entirely within a building except as follows: L ~Outdoor storage subject to the followinQ requirements: a. Outdoor storaQe shall be limited to an area no Qreater than fifty (50) percent of the lot. b. Outdoor storaQe shall be located between the rear lot line and the extension of the front facade of the principal structure. provided also that for corner lots no outdoor storaQe would be allowed between a buildinQ and a side street lot line. For throuQh lots. the location for outdoor storaQe shall be determined by the PlanninQ Director. c. Outdoor storaQe shall not be located in a required yard/setback area. d. Outdoor storaQe shall not be permitted on vacant lots. e. Outdoor storaQe shall be limited to 15 feet in heiaht. f. Outdoor storaQe areas shall be landscaped in accordance with ACC section 18.50.050. Q. Outdoor storaQe areas shall consist of a hard surface material of either Qravel or pavinQ. h. Outdoor storaQe shall be supplemental to a permitted use on the property. ------------------------------ Ordinance No. 5863 July 13, 2004 Page 5 i. Outdoor storaQe shall consist of supplies. materials. and/or equipment that are in workinQ and useable condition. Outdoor storaQe of unworkable and/or unusable equipment. supplies or materials is not permitted. permitted outright or through an administrative or conditional use permit; provided, that appropriate landscaping and other buffering measures shall be required in order to ensure that potenti31 visual, noise, odor, dust, and other related impacts are contained '.\'ithin the site. Screening and buffering measures may include but not be limited to: landscaping, berms, fencing, walls, additional setbacks, limitation on height of stored materials, and the location of the storage area with regard to visibility from adjoining streets and impact on adjoining properties; 2. Gasoline pumps; 3. Refuse containers, provided they are screened from adjoining property and public or private right-of-way; 4. Horticulture activities; 5. Those uses listed as conditional or administrative use permits which require some outdoor activity or display. B. All odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building unless specifically permitted elsewhere by this title. C. No highly combustible, explosive or hazardous materials are permitted, unless clearly incidental and secondary to a permitted use. D. Loading and unloading docks that have frontage on a street shall be required to provide an additional 10-foot width of Type III landscaping or, in lieu of the additional 1 O-foot width, a Type II landscaping may be provided. E. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. 4910 § 1, 1996; Ord. 4304 § 1(18), 1988; Ord. 4294 § 3,1988; Ord. 4229 § 2,1987.) Section 5. Amended City Code Section. That Section 18.50.050 of the Auburn City Code (Landscaping and Screening) is hereby amended to read as folllows: 18.50.050 Regulations by zone. A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, and LHR3 Districts. Landscaping shall only be required in conjunction with a conditional use permit. The type and amount to be determined at that time the CUP is approved. B. R-4 and LHR4 Districts. ------------------------------ Ordinance No. 5863 July 13, 2004 Page 6 1. Street frontage: five-foot width of Type III; 2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, or LHR2 zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II; 3. Adjacent to R-3 or LHR3 zone: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. C. RO and RO-H Districts. 1. Street frontage: 1 O-foot width of Type III; 2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 10-foot width of Type III, adjacent parking or driveways will require a 1 O-foot width of Type II; 3. Adjacent to R-4, R-MHP: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. D. I, LHI, C-1, LHC1, C-2, C-N, P-1, and LHP1 Districts. 1. Street frontage: five-foot width of Type III, no street frontage landscaping is required for the C-2 zone except for parking lots and as may be required by ACC 18.28.050(F); 2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, or LHR3 zone: five-foot width of Type II, adjacent parking or driveways will require a five- foot width of Type I; 3. Adjacent to R-4, LHR4, RO, RO-H, R-MHP, or LHRMHP zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II. E. C-3, LF Districts. 1. Street frontage: five-foot width of Type III; 2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 10-foot width of Type II, adjacent parking or driveways will require a 10-foot width of Type I; 3. Adjacent to R-4, RO, RO-H or R-MHP zone: 10-foot width of Type III, adjacent parking or driveways will require a 10-foot width of Type II; 4. Outdoor storage yards adjacent to any C, P, lor M-1 zone. F. M-1 District. 1. Street frontage: 10-foot width of Type III, an additional 1 O-foot width will be required when loading and unloading docks face a street. In lieu of the additional 10-foot width of Type III landscaping, a Type II landscaping may be provided; 2. Adjacent to any R zone: 1 O-foot width of Type I; 3. Adjacent to I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 10-foot width of Type I; 4. Adjacent to C-3, LF zone: 10-foot width of Type III, adjacent outdoor storage yards will require a 10-foot width of Type I; 5. For those buildings that have frontage on a street a minimum of a 10- foot width of Type III landscaping shall be placed next to the building; 6. Outdoor storage yards adjacent to other M-1 zoned property shall have a minimum width of a five-foot Type I landscaping. ------------------------------ Ordinance No. 5863 July 13, 2004 Page 7 7. Adjacent to the Interurban Trail. Outdoor storaQe yards adiacent to the Interurban Trail (reQrdless of the zoninQ of the Interurban Trail) shall have a minimum 10 foot width of Type 1 landscapinQ. G. M-2 District. 1. Street frontage: 1 O-foot width of Type III; 2. Adjacent to any R zone: 30-foot width of Type I; 3. Adjacent to I, C-1, C-2, P-1, or G-N zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 1 O-foot width of Type I; 4. Adjacent to C-3, or LF zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 10-foot width of Type I; 5. For those buildings that have frontage on a street a minimum of a 10- foot width of Type II landscaping shall be placed next to the building. H. BP District. The amount and type of landscaping shall be determined at the time of the approval of the business park. The landscaping requirements shall however be guided by the M-1 requirements and a minimum of 15 percent of the business park shall be landscaped. (Ord. 5342 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) - (39),1988; Ord. 4229 § 2,1987.) Section 6. Amended City Code Section. That a new Section 18.50.080 of the Auburn City Code (Landscaping and Screening) is hereby created to read as folllows: 18.50.080 Modification of landscaping requirements. The director may authorize a reduced width of plantinQ or waive some or all of the landscapinq requirements if the applicant proposes an alternative method of landscapinQ that would achieve the intent and purpose of the landscapinq required in this chapter and which. in the opinion of the director, provides a superior level of bufferinQ/screeninQ. Alternative landscapinQ techniques may include the use of native veQetation existinQ on site. the use of berms or increasinQ perimeter landscape width in strateQic locations. Section 7. Constitutionality or Invalidity. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 validity of the remaining portions thereof. ------------------------------ Ordinance No. 5863 July 13, 2004 Page 8 Section 8. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the direction of this legislation. Section 9. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: JUL 1 9 2004 ~--/~ ~. ) PETER B. LEWIS MAYOR JUL 1 9 20U4 JUL 1 9 Z004 ATTEST: )Ja£}¡;~ Oanielle E. Daskam City Clerk r~b \ ,~k~ J ~L 23 2004 ------------------------------ Ordinance No. 5863 July 13, 2004 Page 9 EXHIBIT A Chapter 18.32 M-1 LIGHT INDUSTRIAL DISTRICT Sections: 18.32.010 Intent. 18.32.020 Permitted uses. 18.32.030 Uses requiring administrative permits. 18.32.040 Uses requiring conditional use permit. 18.32.050 Development standards. 18.32.060 Supplemental development standards. 18.32.010 Intent. The purpose of the M-1 zone is to accommodate a variety of industrial uses in an industrial park environment, to preserve land for light industrial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are nonnuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial character of this zone is intended to address the way in which industrial uses are carried out rather than the actual types of products made. The light industrial character will limit the amount of industrial activities and other uses which may be conducted outside of enclosed buildings. Uses which are not customarily conducted indoors, or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. While the majority of the M-1 zone is intended for light industrial uses there may be some commercial uses permitted if the use enhances the quality of the area and does not disrupt the continuity of the industrial uses. Regional shopping centers and commercial recreation may also be permitted if they are found to be appropriate and consistent with the comprehensive plan. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage should be strictly regulated within this zone. (Ord. 4910 § 1,1996; Ord. 4229 § 2,1987.) 18.32.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an M-1 district shall only be used for the following, unless otherwise provided for in this title: A. Building and construction contractor services; B. Caretaker quarters, not more than one per establishment; Outdoor Storage (M1 zone) Proposed Amendments C. Cold storage plants; D. Household movers and storage; E. Janitorial services; F. Job training and vocational rehabilitation; G. Manufacturing, assembling and packaging of articles, products and merchandise from previously prepared synthetic or natural materials, including but not limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay (pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass finishing), graphite, hair, horn, leather, paper, paraffin, plastics or resins, precious or semi- precious metals, or stones, putty, pumice, rubber (excluding tire manufacturing or recapping, assembling of a premanufactured tread is however permitted), shell, textiles, tobacco, wire, wood, wool, and yarn; H. Manufacturing, processing, blending and packaging of the following: 1. Dairy products and by-products such as milk, cream, cheese and butter, including the processing and bottling of fluid milk and cream, 2. Drugs, pharmaceuticals, toiletries, and cosmetics, 3. Food and kindred products limited to activities such as confectionery products, bakery products, and beverages bottling, 4. Soaps, detergents, and other household cleaners from previously prepared natural materials and not involving the use of liquid bleach, liquid chlorine, liquid ammonia, or caustics; I. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals; J. Manufacturing establishments engaged in electronic, automotive, aerospace, missile, airframe, or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engines, major components, and whole electronic or electrical devices, automobiles, aircraft, missiles, aerospace, or underwater vehicles, but specifically excluding explosive fuels and propellants; K. Manufacturing, processing, assembling and packaging of precision components and products, including precision shops for products such as radio and television equipment, business machine equipment, home appliances, scientific, optical, medical, dental, and drafting instruments, photographic and optical goods, phonograph records and other recording media, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character; L. Manufacturing, assembling, packaging and development of computer equipment and software, and related products; M. Outside storage limited to 10 percent of the floor area of the associated building provided the storage is supplemental to the permitted use, located to the rear of the property and does not abut on a street and is separated by another use such as a building or parking lot; 2 MN. Printing, publishing, and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, and film processing; GN. Professional offices related to an on-site permitted use or larger than 50,000 square feet of floor area; OP. Research, development and testing of a permitted use; PQ. Restaurants and related eating establishments limited to serving a permitted use on the same site; QR. Retail and wholesale trade of products manufactured, processed or assembled on-site; RS. Warehousing and distribution facilities, to include wholesale trade not open to the general public. This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property; S+. On-site daycare serving specified permitted uses; IY. On-site recreational facilities serving specified permitted uses; UV. Other similar uses and accessory uses and buildings appurtenant to a principal use which the planning director finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M-1 zone. (Ord. 4910 § 1, 1996; Ord. 4294 § 1(15),1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2,1987.) 18.32.030 Uses requiring administrative permits. The following uses and activities in an M-1 district may be permitted by means of an administrative permit, issued in accord with ACC 18.64.020(B), if the development plan of such use is found by the planning director to be consistent with the purpose of the zone and the related policies of the comprehensive plan: A. Auction houses, excluding animals; B. Automobile service station; C. Automobile service and repair; D. Automobile washes; E. Banks and financial institutions; F. Convenience grocery stores; G. Daycare, including mini daycare center, daycare centers, preschools or nursery schools; H. Delicatessens and restaurants; I. Equipment rental and leasing; J. Health and physical fitness clubs; K. Horticultural nurseries; L. Mini-storage warehouses; M. Outside storage or other outside uses that are supplemental to a permitted use, limited to 30 percent of the floor area of the associated building provided storage is located to the rear of the property and does not abut on a street and is separated by another use such as a building or parking lot; 3 NM. Personal service shops; GN. Professional offices, including corporate headquarters; PO. Retail sales of the following and similar related products: 1. Computers, 2. Farm and garden supplies, 3. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper, and related goods, 4. Lumber and building materials, 5. Office supplies and equipment; PQ. Reupholstery and furniture repair; OR Secretarial services; RS. Small appliance repair. (Ord. 4910 § 1, 1996; Ord. 4304 § 1(16), 1988; Ord. 4229 § 2,1987.) 18.32.040 Uses requiring conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Automobile sales new and/or used to include passenger trucks and recreational vehicles; B. Automobile and truck rental; C. Commercial recreation, including animal race tracks; D. Heliports; E. Heavy equipment sales, limited to new equipment with used equipment being a secondary use; F. Government facilities; G. Motels; H. Outside storage or other outside uses that are supplemental to a permitted use, limited to 50 percent of the floor area of the associated building or is not located to the rear of the property or abuts a street; Ht Radio and television transmitting towers; !J. Shopping centers, must involve a minimum of 250,000 square feet of floor area; .JK. Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright; Kb. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of floor area; .!:M. Religious institutions, to be located in existing facilities only; MN. Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under ACC 18.48.090; NG. Adult uses; OP. Secure community transition facilities meeting the standards established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 5690 § 1, 2002; Ord. 4910 § 1,1996; Ord. 4590 § 6 (Exh. E), 1992; Ord. 4304 § 1(17), 1988; Ord. 4229 § 2,1987.) 4 18.32.050 Development standards. Development standards in an M-1 district are as follows: A. Minimum lot area: none required; B. Minimum lot width: none required; C. Minimum lot depth: none required; D. Maximum lot coverage: none required; E. Maximum building height: 45 feet. Structures may exceed 45 feet if one additional foot of setback is provided for each foot the structure exceeds 45 feet; F. Minimum yard setbacks: 1. Front: 20 feet, 2. Side, interior: none required, 3. Side, street: 20 feet, 4. Rear: none required; An additional 30 feet of setback shall be required for any and each yard that abuts, adjoins, or is separated, by a street less than 50 feet in width, from any residentially zoned property. This additional setback requirement also applies to residentially zoned property that is unincorporated county land; G. Fences and hedges: see Chapter 18.48 ACC; H. Parking: see Chapter 18.52 ACC; I. Landscaping: see Chapter 18.50 ACC; J. Signs: see Chapter 18.56 ACC; K. Performance standards: see Chapter 18.58 ACC. (Ord. 4910 § 1, 1996; Ord. 4304 § 1(19),1988; Ord. 4229 § 2,1987.) 18.32.060 Supplemental development standards. Supplemental development standards in an M-1 district are as follows: A. All activities shall be conducted entirely within a building except as follows: L ~Outdoor storage subject to the followinQ requirements: a. Outdoor storaQe shall be limited to an area no Qreater than fifty (50) percent of the lot. b. Outdoor storaQe shall be located between the rear lot line and the extension of the front facade of the principal structure. provided also that for corner lots no outdoor storaQe would be allowed between a buildinQ and a side street lot line. For throuQh lots. the location for outdoor storaQe shall be determined by the PlanninQ Director. c. Outdoor storaQe shall not be located in a required yard/setback area. d. Outdoor storaQe shall not be permitted on vacant lots. e. Outdoor storaQe would be limited to 15 feet in heiQht. f. Outdoor storaQe areas shall be landscaped in accordance with ACC section 18.50.050. 5 q. Outdoor storaqe areas shall consist of a hard surface material of either Qravel or pavinQ. h. Outdoor storaQe shall be supplemental to a permitted use on the property. i. Outdoor storaQe shall consist of supplies. materials. and/or equipment that are in workinQ and useable condition. Outdoor storaqe of unworkable and/or unusable equipment. supplies or materials is not permitted. permitted outright or through an administrative or conditional use permit; provided, that appropriate landscaping and other buffering measures shall be required in order to ensure that potential visual, noise, odor, dust, and other related impacts are contained within the site. Screening and buffering measures may include but not be limited to: landscaping, berms, fencing, walls, additional setbacks, limitation on height of stored materials, and the location of the storage area with regard to visibility from adjoining streets and impact on adjoining properties; 2. Gasoline pump~ 3. Refuse conta, itÍers provided they are screened from adjoining property and public or private right-of-way; 4. Horticulture activities; 5. Those uses listed as conditional or administrative use permits which require some outdoor activity or display. B. All odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building unless specifically permitted elsewhere by this title. C. No highly combustible, explosive or hazardous materials are permitted, unless clearly incidental and secondary to a permitted use. D. Loading and unloading docks that have frontage on a street shall be required to provide an additional 10-foot width of Type III landscaping or, in lieu of the additional 10-foot width, a Type II landscaping may be provided. E. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. 4910 § 1, 1996; Ord. 4304 § 1(18),1988; Ord. 4294 § 3,1988; Ord. 4229 § 2,1987.) 6 Chapter 18.50 LANDSCAPING AND SCREENING Sections: 18.50.010 Intent. 18.50.020 Scope. 18.50.030 Definitions. 18.50.040 Types of landscaping. 18.50.050 Regulations by zone. 18.50.060 General landscape requirements. 18.50.070 Landscape maintenance requirements. 18.50.080 Modification of landscapinQ requirements. 18.50.010 Intent. The intent of this chapter is to provide minimum landscaping and screening requirements in order to maintain and protect property values, to enhance the city's appearance, to visually unify the city and its neighborhoods, to improve the character of certain areas of the city, to reduce erosion and storm water runoff, and to maintain or replace existing vegetation and to prevent and abate public nuisances. (Ord. 4914 § 1, 1996; Ord. 4773 § 1,1995; Ord. 4229 § 2,1987.) 18.50.020 Scope. A. This chapter applies to all uses and activities developed in the city excluding single-family and duplex units on individual lots. B. When additions, alterations, or repairs of any existing building or structure exceed 50 percent of the value of the building or structure, or a residential use is converted to a nonresidential use, then such building or structure shall be considered to be a new use and landscaping provided accordingly; provided, that if any existing foundation or fence layout precludes full compliance herewith, then the landscaping requirements may be modified by the planning director. (Ord. 4914 § 1,1996; Ord. 4304 § 1(33),1988; Ord. 4229 § 2,1987.) 18.50.030 Definitions. For the purpose of this chapter, the following terms shall have the following meanings: A. "Deciduous trees" are a minimum of one and one-half to two inches in diameter at the time of planting; B. "Evergreen trees" are a minimum of four to six feet in height at the time of planting and may include either broadleaf or conifer; C. "Groundcover" means low evergreen or deciduous plantings planted at three-foot spacing, in all directions; 7 D. "Shrubs" are a minimum of 18 to 24 inches in height, or two gallons, at the time of planting; E. "Significant trees" means a healthy evergreen tree, six inches or more in diameter measured four feet above grade; or a healthy deciduous tree four inches or more in diameter measured four feet above grade. The planning director may authorize the exclusion of any significant tree which for the reason of public health, safety or reasonable site development is not desirable to maintain. (Ord. 4914 § 1,1996; Ord. 4229 § 2,1987.) 18.50.040 Types of landscaping. A. Type I - Solid Screen. Type I landscaping is intended to provide a significant sight barrier to separate incompatible uses. Type I landscaping shall consist of evergreen trees or tall shrubs, a minimum of six feet in height at the time of planting, which will provide a 100 percent sight- obscuring screen within three years from the time of planting; or a combination of evergreen trees or deciduous trees, planted 20 feet on center with no more than 30 percent being deciduous and backed by a 100 percent sight-obscuring fence. In addition to the trees, shrubs shall be planted at four-foot spacing, in all directions, and groundcover provided. B. Type II - Visual Screen. Type II landscaping is intended to create a visual separation between different uses or zones. Type II landscaping shall consist of evergreen and deciduous trees, with no more than 50 percent being deciduous, planted 20 feet on center. In addition to the trees, shrubs shall be planted at three-foot spacing, in all directions, and groundcover provided. C. Type III - Visual Buffer. Type III landscaping is intended to provide a visual separation of uses from the street and the visual separation of compatible uses. Type III landscaping shall consist of evergreen and deciduous trees, with no more than 75 percent being deciduous, planted 30 feet on center. In addition to the trees, shrubs shall be planted at four- foot spacing in all directions, and groundcover provided. D. Type IV - See-Through Buffer. Type IV landscaping is intended to provide a visual relief between compatible uses. Type IV landscaping shall consist of deciduous trees, planted 30 feet on center, shrubs planted at four-foot spacing, in all directions, and groundcover provided. (Ord. 4914 § 1,1996; Ord. 4304 § 1(34), (35),1988; Ord. 4229 § 2,1987.) 18.50.050 Regulations by zone. A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, and LHR3 Districts. Landscaping shall only be required in conjunction with a conditional use permit. The type and amount to be determined at that time the CUP is approved. B. R-4 and LHR4 Districts. 1. Street frontage: five-foot width of Type III; 8 2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, or LHR2 zone: five- foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II; 3. Adjacent to R-3 or LHR3 zone: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. C. RO and RO-H Districts. 1. Street frontage: 1 O-foot width of Type III; 2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 10-foot width of Type III, adjacent parking or driveways will require a 1 O-foot width of Type II; 3. Adjacent to R-4, R-MHP: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. D. I, LHI, C-1, LHC1, C-2, C-N, P-1, and LHP1 Districts. 1. Street frontage: five-foot width of Type III, no street frontage landscaping is required for the C-2 zone except for parking lots and as may be required by ACC 18.28.050(F); 2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, or LHR3 zone: five-foot width of Type II, adjacent parking or driveways will require a five-foot width of Type I; 3. Adjacent to R-4, LHR4, RO, RO-H, R-MHP, or LHRMHP zone:· five-foot width of Type III, adjacent parking or driveways will require a five- foot width of Type II. E. C-3, LF Districts. 1. Street frontage: five-foot width of Type III; 2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 1 O-foot width of Type II, adjacent parking or driveways will require a 1 O-foot width of Type I; 3. Adjacent to R-4, RO, RO-H or R-MHP zone: 10-foot width of Type III, adjacent parking or driveways will require a 10-foot width of Type II; 4. Outdoor storage yards adjacent to any C, P, lor M-1 zone. F. M-1 District. 1. Street frontage: 10-foot width of Type III, an additional 10-foot width will be required when loading and unloading docks face a street. In lieu of the additional 10-foot width of Type III landscaping, a Type II landscaping may be provided; 2. Adjacent to any R zone: 1 O-foot width of Type I; 3. Adjacent to I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 1 O-foot width of Type I; 4. Adjacent to C-3, LF zone: 10-foot width of Type III, adjacent outdoor storage yards will require a 1 O-foot width of Type I; 5. For those buildings that have frontage on a street a minimum of a 1 O-foot width of Type III landscaping shall be placed next to the building; 6. Outdoor storage yards adjacent to other M-1 zoned property shall have a minimum width of a five-foot Type I landscaping. 7. Adjacent to the Interurban Trail. Outdoor storaQe yards adjacent to the Interurban Trail (reQrdless of the zoninQ of the Interurban Trail) shall have a minimum 10 foot width of Type 1 landscapinQ. G. M-2 District. 9 1. Street frontage: 1 O-foot width of Type III; 2. Adjacent to any R zone: 30-foot width of Type I; 3. Adjacent to I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 1 O-foot width of Type I; 4. Adjacent to C-3, or LF zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 1 O-foot width of Type I; 5. For those buildings that have frontage on a street a minimum of a 1 O-foot width of Type II landscaping shall be placed next to the building. H. BP District. The amount and type of landscaping shall be determined at the time of the approval of the business park. The landscaping requirements shall however be guided by the M-1 requirements and a minimum of 15 percent of the business park shall be landscaped. (Ord. 5342 § 2, 2000; Ord. 4914 § 1,1996; Ord. 4304 § 1(36) - (39),1988; Ord. 4229 § 2,1987.) 18.50.060 General landscape requirements. A. Application. A landscape plan shall be required and shall be accurately drawn using an appropriate engineering scale and shall illustrate the following: 1. Adjacent streets, public and private; 2. Boundaries and dimensions of site; 3. Location of on-site buildings; 4. Location of on-site parking areas; 5. Location and size of landscape areas; 6. Location, species and size of planting materials; 7. Location of outdoor storage areas; 8. Location of significant trees; 9. Location of water source(s). B. Driveways and Pedestrian Walkways. Landscaping is generally required along all street frontages with the exception of driveways and pedestrian walkways within the property. C. Fences. When fences and landscaping are required along the property line, the fence shall be set back of the landscaping if the fence abuts a street, so as to not obscure such landscaping. At other property lines the landscaping shall be located to serve the greatest public benefit. D. Irrigation. No portion of any landscaped area shall be located further away than 50 feet from a source of water adequate to irrigate the landscaping. E. Lawn Substitution. Sodded lawn may be substituted for the required shrubs or ground cover but all portions of the lawn area must be served by an automatic irrigation system. F. Maintenance. 1. The property owner shall be responsible for replacing any unhealthy or dead plants for a period of two years after the initial planting. 2. The building official shall require a maintenance assurance device for a period of one year from the completion of planting in order to ensure 10 compliance with the requirements of this section. The value of the maintenance assurance device shall equal at least 50 percent of the total landscape materials. 3. If the landscaping is not being properly maintained, the property owner shall be so notified by the city. If after 30 days from the city's notification the landscaping is still not being maintained then the maintenance device may be used by the city to perform any type of maintenance necessary to insure compliance with this chapter. 4. The maintenance assurance device shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform any necessary work. The agreement shall also hold the city harmless from all claims and expenses, including attorney's fees. 5. Upon completion of the one-year maintenance period, and if maintenance has not been performed by the city, the city shall release the maintenance assurance device. G. Outdoor Storage. Outdoor storage yards that are visible from a street or are adjacent to residentially zoned property shall be screened by a minimum of a five-foot width of Type I landscaping. Additional width may be required to comply with ACC 18.50.050. H. Parking Lots. 1. A planter area shall be required along the entire street frontage(s), except driveways and walkways; provided, that no sight obscuring plants will be allowed whenever safe sight clearance is necessary for ingress and egress from a public street. The width of the planter area shall be as required in ACC 18.50.050(A) through (H) for street frontages; 2. All lots with more than 12 spaces, a 100-square-foot planter area shall be required at the end of each single row of parking, but in no case shall there be more than 10 parking spaces between any required planter area. The location of the planter area may be varied upon evidence submitted which shows that the intent of the landscaping requirements have not been lessened. Any variation must receive planning director approval; 3. Each planter area shall contain at least one tree, a minimum of one and one-half to two inches in caliper. For planter areas in excess of 30 feet in length, more trees are required and shall be spaced not further than 30 feet apart; 4. Each planter area shall contain shrubs, spaced three feet on center, and be a minimum of one gallon in size; 5. Residential parking lots with five or less spaces, and nonresidential parking lots, with three or less spaces, shall be exempt from the parking lot landscape requirements. I. Performance Assurance. 1. The required landscaping must be installed prior to the issuance of the certificate of occupancy unless the building official determines that a performance assurance device will adequately protect the interests of the city; 11 2. The performance assurance deyice shall only be yalid for a 120- day period and shall have a value of 100 percent of the estimated cost of the landscaping to be performed. If the landscaping has not been installed after the 120 days then the assurance device may be used by the city to perform any necessary work to implement the landscape plan; 3. The performance assurance device shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform work. The agreement shall also hold the city harmless from all claims and expenses, including attorney's fees; 4. Upon completion of the required landscaping by the property owner the city shall release the performance assurance device. J. Private Property. All required landscaping shall be located entirely on private property. When landscaping is required to separate adjacent uses, the landscaping shall run the full length of the adjacent property. K. Sight Hazards. The building official and/or city engineer may review and modify landscape plans which may affect visibility for ingress, or egress, corner lots or other intersections. Any reduction of landscaping shall be made up elsewhere on-site. L. Significant Trees. All significant trees, as defined by ACC 18.50.030(E), shall be retained and made part of the landscape plan. M. Species. The applicant shall utilize plant materials which complement the natural character of the Pacific Northwest. N. Landscaped Berms. In addition to the minimum landscape requirements of ACC 18.50.050, landscaped berms may be required to mitigate any impacts associated with a specific project. The berms may be applied through an administrative or conditional use permit, contract rezone, or as a condition associated with a mitigated determination of nonsignificance or environmental impact statement. The minimum height of the earth creating the berm shall be three feet and have a slope no greater than two-foot horizontal to one-foot vertical. (Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.) 18.50.070 Landscape maintenance requirements. A. Landscaping, including trees, shrubs, groundcover, or grass, planted as a requirement pursuant to this Title, Title 16 or Title 17 shall be maintained in a healthy, living condition. Pruning of trees or shrubs shall be for the purpose of maintaining the tree or shrub in a healthy growing condition, and shall not adversely affect the healthy living condition of the plant or excessively damage the natural growing process. B. Violation of these provisions shall be processed in accordance with the procedures defined under Auburn City Code (ACC) Chapter 1.25. The property owner or designee responsible for correcting the violation shall provide a corrective action plan that defines how and when the infraction will be corrected within the time provisions defined by Auburn City Code 1.25. C. The corrective action plan shall be subject to the following replacement ratios: 12 1. For plants that have died, replacement vegetation shall be at least 150% of the planting size required of the subject plant material at the time of planting. The plants shall be of the same or similar species to those plants being replaced, unless alternate species are approved by the Planning Director. 2. For trees or shrubs that have been excessively pruned, replacement vegetation shall be at least 200% of the size of the tree or shrub that was required by City regulations at the time of planting. The trees or shrubs shall be of the same or similar species of the plants being replaced, unless alternate species are approved by the Planning Director. D. Pruning of trees or shrubs done to alleviate documented public health and safety is permissible and shall not be considered a civil violation; provided that documentation is provided to the city that a public health or safety concern exists. E. The property owner or designee shall correct the infraction or provide a schedule that defines how and when the infraction will be corrected within the time provisions defined by Auburn City Code 1.25. 18.50.080 Modification of landscapinQ reauirements. The director may authorize a reduced width of plantinQ or waive some or all of the landscapinQ requirements if the applicant proposes an alternative method of landscapinQ that would achieve the intent and purpose of the landscapinQ required in this chapter and which. in the opinion of the director. provides a superior level of bufferinQ/screeninQ. Alternative landscapinQ techniques may include the use of native veQetation existinQ on site, the use of berms or increasinQ perimeter landscape width in strateqic locations. 13