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RESOLUTION NO.3 8 0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE BOEING
COMPANY FOR FUTURE DEVELOPMENT AND
REDEVELOPMENT PROJECTS
WHEREAS, pursuant to RCW 36.70B.170 through .210, cities are
authorized to enter into agreements for development projects whereby the
development standards, including impact fees, SEPA requirements and
mitigation, design standards, phasing issues, review procedures, vesting
issues, and any other appropriate development requirements, are defined; and,
WHEREAS, it is anticipated that the Boeing Company will have future
development and redevelopment projects, that would benefit from such a
development agreement, so that the development requirements can be planned
with certainty, not only as to the more immediate portions of the project, but
also as to later planned phases, and as to the types of improvements that will
be built; and,
WHEREAS, state law requires that such projects be consistent with
current local regulatory requirements, and the Development Agreement would
Resolution No. 3803
December 28, 2004
Page 1
be able to assure such consistency, while at the same time fixing requirements
for future planned phases; and,
WHEREAS, pursuant to RCW 36.70B.200, a public hearing before the
Auburn City Council was held on the 3rd day of January, 2005, on the proposed
development agreement, at which public hearing those persons whishing to
speak to the issues were afforded an opportunity to do so; and,
WHEREAS, it is in the public interest and best interests of the City to
enter into such a Development Agreement with the Boeing Company for future
development and redevelopment projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and The Boeing Company for future development and redevelopment projects
to be located within the City of Auburn, which agreement shall be in substantial
conformity with the Agreement a copy of which is attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of
Resolution No. 3803
December 28, 2004
Page 2
this legislation, including recording the development agreement with the real
property records of King County, Washington, pursuant to RCW 36.70B.190.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this }d day of
--
,200..':' .
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-
ATTEST:
CtOulav--J
Da . lie E. Daskam,
City Clerk
APj?R
(
Resolution No. 3803
December 28, 2004
Page 3
!
Mter Recording Return to:
\,;ily of Auburn
25 W Main 51
Auburn WA 98001
Document Title(s) (or transactions contained therein):
1. Auburn Fabrication Plant Development Agreement C (<Gs. :3 ~3)
Reference Number(s) of Documents assigned or released:
(on page _ of documents( s))
Grantor(s) (Last name first, then first name and initials):
1. The Boeing Company
Grantee(s) (Last name first, then first name and initials):
1. City of Auburn
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Legal description (abbreviated: i.e. lot, block, plat or section, tOMlship, range)
[2S] Full legal is on page 11 of document.
Assessor's Property Tax Parcel/Account Number
Said documant(s) were flied for
rG<:Ord by Pacific Northwest Title as
I'Xommodation only. It has not been
examined as to proper ex~ '"
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Auburn Fabrication Plant Development Agreement
This DEVELOPMENT AGREEMENT ("Agreement") between TIffi BOEING
COMPANY ("Boeing"), a Delaware corporation, and the CITY OF AUBURN, a municipal
corporation of the State of Washington (the "City"), is entered into pursuant to the authority of
RCW 36.70B.170 through .210, under which a local government may enter into a development
agreement with an entity having ownership or control of real property within its jurisdiction.
Recitals
A. Boeing is the owner of certain real property, used for the Auburn Fabrication
Plant (the "Property"), located in the City of Auburn, King County, Washington, and more
particularly described in Exhibit I (the ",Property").
B. The Property contains approximately 354 acres ofland, most of which is occupied
by Boeing's existing Auburn Fabrication Plant and related industrial buildings and accessory uses,
southwest of the intersection of C Street SW and 15th Street SW. Approximately 255 acres of the
Property is within the City of Auburn, with a current zoning designation ofM-2, Heavy Industrial.
The Property is adjacent to, but not within, the City of Pacific's municipal boundaries. A map
depicting geographic city boundaries relative to the Property is attached hereto as Exhibit 2.
C. Approximately 98 acres of the Property is located within the City of Algona, with
a current zoning designation ofM-I, Light Industrial. Boeing's property located in Algona
contains some building and parking areas, but is predominantly occupied by a large wetland that is
partially used as a regional stonnwater detention facility serving the Property and its drainage
basin (referred to as "Ellingson Road Regional Detention Facility" herein).
D. The City of Auburn, a noncharter optional municipal code city incorporated under
the laws of the State of Washington, has authority to enact laws and enter into agreements to
promote the health, safety and welfare of its citizens and thereby to control the use and
development of property within its jurisdiction and to annex territory and specify zoning and
development standards for annexed areas.
PAGE 1 of24
2/15/05
E. The City of Auburn has cooperatively planned for appropriate land uses and
infrastructure for the Property, consistent \vith its comprehensive plan for uses and development in
the area where the Property is located.
F. The City of Auburn adopted a traffic impact fee ordinance in 200], amended in
2003, which is codified at Auburn City Code Ch. 19.04. This ordinance acknowledges and
provides for grandfathering of existing uses and establishes a credit against the payment of traffic
impact fees for existing uses. Boeing seeks confirmation that the ordinance does not apply in a
way that would limit the grandfathering credit for the Property at the time of redevelopment to a
credit for a single lot by treating the remaining credit as "surplus." Such an application of the
traffic impact fee ordinance would effectively eliminate the credit for Boeing because of the size of
its property and the number of structures on several different lots and number of lots with multiple
structures. Due to the size and number of structures on several lots under single ownership, the
application of the ordinance to the PropertY is unique and the ordinance does not appear to intend,
expressly or implicitly, to eliminate a full grandfathering credit for Boeing.
G. Some or a portion of the Property may be further developed or redeveloped over
time, depending on future Boeing needs, into uses that are or may be authorized by the City's
zoning code, either as a permitted use or through a discretionary land use process requiring an
administrative use permit or conditional use permit, including, but not limited to one or more of the
following uses; general manufacturing and processing, industrial enterprises involving
manufacturing, assembling, fabrication, and processing, bulk handling of products, storage and
warehousing, govenunent facilities, restaurants, retail sales, mini storage warehouses, professional
offices, health club facilities, recreational facilities, and accessory daycare facilities. In order to
provide certainty and efficiency with respect to certain review and approval processes for future
development and redevelopment, Boeing and the City desire to enter into this Development
Agreement governing future development and redevelopment of the Property. Therefore, Boeing
and the City agree as follows:
Agreement
1. Term. This Agreement shall be in effect Twenty (20) years from the recording
date of this Agreement, unless both parties otherwise agree, during the year 2024, to either (a)
execute a confirmation of the continuation of this Agreement for an additional twenty (20) years of
the Term in substantially the form and content of Exhibit 3 attached hereto and by this reference
made a part hereof, or (b) amend the Agreement as the parties deem reasonable and necessary. If
the City and Boeing cannot agree to any proposed amendments or extensions to this Agreement on
or before the expiration of the current period, then the City and Boeing shall negotiate, in good
faith, mutually acceptable conditions of termination of this Agreement within six (6) months of the
expiration of the current period and this Agreement shall remain in effect until the end of said
period. If mutually acceptable conditions of termination are not agreed during this period, this
Agreement shall terminate and the parties shall have no further obligations under this Agreement.
PAGE 2 of24
2/15/05
2. Vesting and Development Regulations. The City's development regulations
identified in Exhibit 4 ofthis Agreement ("Development Regulations") that are in effect and
applicable to applications as of the recording date of this Agreement shall govern the future
development or redevelopment of the Property for all future applications for any required
governmental permits or approvals that are submitted to the City within the Tenn of this
Agreement. For the purposes of this Agreement, "development applications" shall mean all
applications for any required governmental permits or approvals submitted pursuant to the
Development Regulations identified in Sections 2 and 3 of this Agreement after the execution of
this Agreement. All other issues involving the Boeing's Project, other than those identified in
Sections 2 and 3 of this Agreement, shall be governed by codes and standards applicable at the
time of submittal and shall be considered on a case-by-case basis.
3. Develooment Regulation Updates and Vesting Periods. The Development
Regulations that are in effect and applicable to applications as of the recording date of this
Agreement shall govern development or redevelopment applications until December 31, 2009
("Initial Vesting Period"). Following the Initial Vesting Period, this Agreement establishes vesting
for subsequent fi":'e-year periods ("Subsequent Five Year Vesting Periods"), starting on January 1
of the first year and ending December 31 of the fifth year, for the duration of the Tenn. At the
begimring of each Subsequent Five Year Vesting Period, the Development Regulations in effect as
of December 31 of the prior vesting period shall replace Exhibit 3 and this Agreement shall be
automatically amended with said regulations through Boeing's re-recording of this Agreement with
the new regulations attached. It shall be the responsibility of Boeing to re-record this Agreement at
the beginning of each Five Year Vesting Period. Notwithstanding this vesting period, the property
o\Wer(s) subject to this Agreement may, at any time elect, in its (their) sole discretion, to confOlm
to new development regulations that may from time to time be adopted by the City by providing the
City with the applicable Development Regulations that apply under this Agreement or providing
the then current regulations the applicant elects to have applied to the application along with a
sworn statement that the property o\'mer shall be bound by the new regulations at the time of
permit application. Failure to submit said regulations with an application shall result in a waiver
by the property o\Wer of any claim that the City applied the incorrect regulations and the City shall
have the discretion to apply either the vested regulations or the current regulations.
Notwithstanding the foregoing, the City reserves the authority under RCW 36. 70B.170( 4)
to impose new or different regulations to the extent required by a serious threat to public health and
safety, as determined by the Aubum City Council in its sole discretion.
4. Stonnwater Management for Develooment and Redevelooment. The City
acknowledges that the Ellingson Road Regional Detention Facility that provides stonnwater
detention/retention for the property satisfies any and all current and future stormwater detention
requirements for all future development and redevelopment to full build out of the Property (as
defined by the Stormwater Report and Revised Stonnwater Report), except as otherwise provided
below. The analyses computed the maxnnUtn allowable 100 year discharge rate from the Ellingson
Road Regional Detention Facility to be 69 cfs. The analyses concluded that the 69 cfs will be
PAGE 3 of24
2/15/05
maintained under full (100%) impervious build out of the Property. The City of Auburn
acknowledges receipt of Boeing's November 27,2002 Stormwater Report and related exhibits, and
Revised Stormwater Report, dated April 16, 2003, as amended, which provides detailed
information regarding the existing impervious surfaces on the Property and the current
methodology and effectiveness of controlling runoff from the Property and related drainage basin.
The existing stOl111\\'ater improvements controlling runoff from the Property and related drainage
basin are depicted generally on Exhibit 5 ("Stormwater Improvements"). The City has also
reviewed the permits received from the City of Algona for the construction and operation of the
Ellingson Road Regional Detention Facility located on Boeing's property situated in Algona, which
is adjacent to the Property that is the subject of this Agreement. All documents received and
reviewed by the City are identified in and attached to the SEP A checklist prepared in conjunction
with the City's SEP A responsibilities for its action on this Agreement, and incorporated into the
City's Determination of Non significance, dated August 31, 2004, and Addendum, both attached
hereto as Exhibit 6 ("DNS").
Based on this data and applicable requirements, the City has analyzed Boeing's stormwater
runoff management controls and practices and deems them compliant with existing City
stormwater regulations related to the control of runoff and the nature and sizing of detention
facilities for development or redevelopment that does not exceed the impervious surface coverage
analyzed in the Stormwater Report and Revised Stormwater Report, and supporting the DNS for
the Property. All future permit applications related to stormwater and subject to this Agreement
shall, therefore, not require further review under the City's stormwater regulations regarding
stormwater runoff control in effect when such applications are submitted so long as the applicant
has the right to discharge stormwater into the Ellingson Road Regional Detention Facility.
Notwithstanding the foregoing, the City may require additional review under stormwater
management regulations if one of the following circumstances occurs:
a) The City reasonably believes, in good faith, that the City's approval of a project
permit application under the terms of this Agreement would result in a decision by a State or
Federal administrative agency, or a Court of competent jurisdiction, that the City's eligibility for
funding, grants, program eligibility or other resources sought by the City would be materially
impaired;
b) The City reasonably believes, in good faith, that the City's approval of a project
permit application under the terms of this Agreement would resuh in a decision by a State or
Federal administrative agency, or a Court of competent jurisdiction, that the City unlawfu1ly failed
to comply with the Endangered Species Act, Clean Water Act, or other State or Federal laws or
regulations relating to water quality; or
c) A State or Federal statute or regulation requires the City to adopt stormwater
regulations to address cumulative water quality impacts on an area wide or City-wide basis and the
City reasonably believes, in good faith, that the City's failure to apply said regulations to the
property subject to this Agreement would result in municipal liability for the City. Modifications
PAGE 4 of24
2/15/05
under this subsection shall only be to the extent necessary to address the applicant's proportionate
share of such cumulative standard.
Any modification or addition to the approved and constructed stormwater improvements that is
required as a result of one of the foregoing conditions occurring shall be limited to the minimum
necessary to avoid the consequences described herein. Boeing shall have the right, at its sole
discretion and expense, to seek recourse from the appropriate administrative or judicial body.
Notwithstanding the foregoing, the City's approval ofthis development agreement is not
intended to relieve Boeing or any property owner subject to this agreement from compliance with
the Clean Water Act, the Endangered Species Act or in complying with federal or state
requirements or pennits under the Clean Water Act, including, but not limited to, regulations
requiring retrofitting of existing stormwater facilities to correct nonconforming conditions that do
not meet state and/or federal stormwater regulations mandated by state and federal authorities.
No connection to the public storm drainage system shal] be required for
development/redevelopment on the Property so long as no public facilities are built or de.dicated. A
separate agreement will be required if public storm water is to be directed to the Ellingson Road
Regional Detention Facility. In the event that the City adopts or amends regulations pertaining to
the control of runoff in a manner that would render the Stormwater Improvements non-compliant,
the Stormwater Improvements shall be deemed ]egally nonconforming and not subject to any newly
adopted regulations during the term of this Agreement. In analyzing this Agreement, the City
applied the applicable City of Auburn Design and Construction Standards in effect on the effective
date of this Agreement relating to storm{".ater runoff control, water quantity, detention, and release
rates.
5. SEP A Compliance. The SEP A Checklist prepared in support of this Agreement
analyzes the impacts associated with the City's review and approval of this Agreement. The City
has reviewed said SEP A Checklist and conducted additional analysis prior to issuing its
Determination of Non-significance, and subsequently, issuing a SEP A Addendum, both attached as
Exhibit 6 ("DNS"). The City Council has reviewed the SEP A record and DNS, and finds that its
action in approving this Agreement is adequate under SEP A. No SEP A mitigation related to
stormwater management or to traffic impact fee credits will be required of future
development/redevelopment applications; provided that, the applicant documents that impacts of
the future development/redevelopment applications are within the scope of impacts analyzed in the
DNS. Provided that the impacts of the proposed development/redeve]opment are adequately
addressed in the DNS, the City will adopt the DNS, but only with specific reference to said
impacts. Environmental impacts of any future development/redevelopment proposal that are not
addressed in the Final DNS issued August 3], 2004, and SEPA Addendum, will be addressed
through a separate environmental review process.
The City acknowledges that, due to the existing conditions on the Property in which there
is substantial development and impervious surface coverage of approximately Eighty Percent
PAGE 5 of24
2115105
(80%), and that development and/or redevelopment would likely entail replacement of existing
levels of development of the Property, and storm water runoff from up to 100% of impervious
surface coverage have been calculated to be able to be managed within the existing storm water
facilities, it is likely that many aspects of development and/or redevelopment relating to stormwater
impacts will not involve probable significant adverse impacts. Unless future development and/or
redevelopment proposals involve new infonllalion relating to stormwater impacts to suggest that an
impact is a probable significant adverse impact, pursuant to WAC 197-11-600(3)(b) and ACC
16.06.020, it is anticipated that limited additional SEPA analysis relating to stormwater impacts
will be required at the time of submission of permit applications subject to this Agreement.
6. Stormwater Maintenance. Unless and until Boeing transfers all of any portion of
the Property and creates a stormwater improvement association properly responsible for
maintaining the storm water facilities serving the Property, Boeing shall maintain these facilities
including, but not limited to the Ellingson Road Regional Detention Facility, Government Canal
and the outfall to the White River as required by applicable law or contract. This provision is not
intended to increase the scope or extent of Boeing's maintenance obligations under applicable law
or contract. Prior to title transfer of any portion of the Property, a cross-drainage agreement shall
be executed assuring drainage rights to the transferred parcel. A recorded City Storm Water
Easement .and Maintenance Agreement, substantially in the form attached hereto as Exhibit 7, shall
be provided by the owners of any transferred parcels to insure proper maintenance and operation of
any newly constructed storm drainage facilities on said transferred parcels.
7. Establishment of Traffic Impact Fee Credits. In any future application for
development activity related to the Property that requires an assessment of impact fees under
Auburn City Code ("ACC") 19.04.040, the City shall provide an existing grandfather capacity
credit for the Property in the total amount no less than is set forth on Exhibit 8 attached hereto and
incorporated herein by this reference (the "Total Grandfather Capacity Credit"). The Total
Grandfather Capacity Credit shall be updated whenever the City revises the impact fee schedule
found in ACC 19.04.120, with the submission of a revised Exhibit 8, to reflect the current traffic
impact fee rates and a recalculation of the Total Grandfather Capacity Credit based on the current
traffic impact fee rates. The revised exhibit reflecting the remaining credits shall be prepared by a
Professional Engineer licensed by the State of Washington with a working knowledge of
transportation engineering principles and practices. Said revised exhibit shall be submitted to the
City for review and approval.
The Total Grandfather Capacity Credit shall be in effect at the time of mutual execution of
this Agreement. In order to maintain an accounting for reductions to the Total Grandfather
Capacity Credit based upon future utilization for development applications for the Property, any
applicant wishing to have a portion of the Total Grandfather Capacity Credit applied to its
application must prepare a calculation based on the fee rates set forth on Exhibit 9, and submit the
Auburn Impact Fee Account Transaction and Status Report along with the development
application, substantially in the form attached hereto as Exhibit 10 ("Impact Fee Report"). Exhibit
9 shall be updated concurrent ,,-ith any updates required for Exhibit 8.
PAGE 6 of24
2/15/05
At the time of submission of the Impact Fee Report, the applicant must submit an impact
fee calculation that sets forth the impact fee that would be due in accordance with the
transportati on impact fee rate schedule in effect at the time of the application. TIlls impact fee
would be subtracted from the current Total Grandfather Capacity Credit (TGCC) to establish the
Total Grandfather Capacity Credit balance;
Current TGCC - Impact Fee = TGCC Balance,
where; the "Current TGC C" is the current Total Grandfather Capacity Credit depicted on Exhibit
8 and reflective of the transportation impact fee rate schedule in effect at the time of submittal;
"Impact Fee" is the impact fee that would be due in accordance with the rate schedule in effect at
the time of permit application; and "TGCC Balance" is the Total Grandfather Capacity Credit
remaining after reduced by the subject impact fee. An example of the calculation of this formula
may be made available in the City's file or following request to Boeing.
The grandfathering credit accounting process provided for in the Impact Fee Report
provides for the administration of the Total Grandfathet Capacity Credit established for the
Property and, unless the remaining Grandfather Capacity Credit is less than the required impact fee
for a proposed development activity, no fee will be due. No surplus is created for any individual
application.
8. Miscellaneous Provisions.
8. I Governing Law'. TIlls Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington. Venue shall be in King County, Washington.
8.2 Binding. TIlls Agreement shall be binding upon and inure to the benefit of
the successors and assigns of each Boeing and the City.
8.3 Assignment. The parties acknowledge that development and
redevelopment within the Property may involve sale and assignment of portions of the Property to
other persons or entities who will 0\\11, develop and/or occupy portions of the Property and
buildings thereon. Boeing shall have the right to assign or transfer all or any portion of the
respective interests, rights or obligations under this Agreement to other parties acquiring an interest
or estate in all or any portion of the Property, including transfer of all interests through foreclosure
(judicial or nonjudicial) or by deed in lieu offoreclosure. Upon any transfer under this Section 8.3,
the transferee shall be entitled to all interests and rights and be subject to all obligations under this
Agreement.
8.4 Recording. TIlls Agreement shall be recorded with the Real Property
Records Division of the King County Records and Elections Department by the City within twenty
(20) days of execution by the parties and approval of the Agreement by resolution of the City
Council.
PAGE 7 of24
2M/OS
8.5 Severabilitv. If any provisions of this Agreement are detennined to be
unenforceable or invalid by a court oflaw, then this Agreement shall thereafter be modified to
implement the intent ofthe parties to the maximum extent allowable under law. If the
determination of unenforceability or invalidity affects Boeing's rights to vesting under Section 2
and 3, then the court in granting relief shall consider the significance and impact upon Boeing of
the change in vesting from that contemplated by the parties under Section 2 and 3.
8.6 Authoritv. The City and Boeing each represent and warrant it has the
respective power and authority to bind said entity to perform its respective obligations under this
Agreement. The City and Boeing, and their respective representatives who sign this Agreement,
each represent and warrant each has been duly authorized to execute and deliver this Agreement.
8.7 Amendment. This Agreement shall not be modified or amended without the
express written approval ofthe City and Boeing (and any party to whom Boeing has sold or
assigned its interest who is affected by the proposed amendment), except as provided in this
Section 8. The Director of the Planning Department shall determine whether any proposed
amendment is administrative or will reqnire approval of the City Council.
8.7.1 Nothing in this agreement shall prevent either party from seeking to expand the
scope of this agreement, either by a new agreement or as an amendment to this agreement,
in order to address additional subject matters and enviromnental review, provided,
however, that additional matters not covered under this agreement must independently meet
all procedural and regulatory reqnirements at that time, including but not limited to
requirements under S EP A and City Ordinances. Such additional matters may include,
without limitation, proposed amendments related to additional enviromnental analysis and
disclosure of enviromnental impacts resulting from future potential development and
redevelopment of the Property, including, but not limited to, impacts associated with
earthwork activities, building area expansions, traffic generation, demolition, utility
installations, and parking lot construction. Pmposes of a proposed amendment could
include, but may not be limited to, creating additional certainty for development and
redevelopment of the Property with respect to the identification of mitigation for
enviromnental impacts covered by the additional analysis, and providing certainty in the
application of development regulations related to the subjects covered by additional
enviromnental analysis.
8.8 Exhibits. Exhibits I through 10 are incorporated herein by this reference
as if set forth in full herein.
8.9 Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
PAGE 8 of24
2/1~/O~
8.10 Integration. This Agreement and incorporated exhibits represents the
entire agreement of the parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as e>''jJressly set forth herein.
8.1] Dispute Resolution. In the event of any dispute relating to this
Agreement, any party may reqUIre a meeting, upon seven (7) days written notice to the other party
to allow the parties to endeavor to seek in good faith to resolve the dispute. The City shall send a
department director and staff persons with information relating to the dispute, and Boeing shall
send an owner's representative and any consultant or other person with technical information or
expertise related to the dispute, and the meeting shall take place within thirty (30) days of the
notice. If the dispute is not resolved following this meeting, the matter shall be referred to the
Auburn City Council at the option of either party for review within thirty (30) days of its referral.
This provision shall not preclude the disputing party from initiating any administrative or judicial
appeal within applicable time limits willIe complying with these dispute resolution procedures,
provided, however, that the disputing party shall complete the dispute resolution procedures
required by this Section.
8.12 Construction. This Agreement has been reviewed and revised by legal
counsel for all parties and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall apply to the interpretation or enforcement of this Agreement.
8.13 Cooperation. The parties agree to take further actions and execute further
documents, either jointly or within their respective powers and authority, to implement the intent of
this Agreement. Where appropriate, the City shall become or provide lead agency assistance or
otherwise assist Boeing in obtaining other permits or approvals reasonably necessary to implement
this Agreement. The City shall use its eminent domain powers to facilitate implementation of this
PAGE 9 of24
2115/05
Agreement, subject to the City's independent exercise of judgment following all applicable
procedures necessary to use eminent domain power.
AGREED this 2P'dayof .4,,.,,/ ,2005.
.r
/'
By:
Its:
Alan E. DeFrnnr.l~
Authorized Si n
By:
Its:
L eu>i So
r
WASHING
\ .
COUNTY OF t:'A.V\.~
On this -233J.. day of YY\ ~ ' 2005, before me, the undersigned, a Notary
pu~ and for the State ofWaslllngton, duly commissioned and sworn, personally appeared
e..-\-e;v- g,. ~ ~ 5>' . to me known to be the person who
signed as vYI ~6r of the CITY OF AUBURN, the corporation that
executed the within and for gomg mstrument, and acknowledged saId mstrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on
oath ~~that \J.", was duly elected, qualified and acting as said officer of the corporation,
that was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the clay and year
first above written.
.c.",<c:~~:~';';"'", ~g ~. ill,
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!E":~/P "f :":~~>~z. (Signature of ~)
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NOTARY PUBLIC in an~State
ofWashi~gton, resid~ at \~ ~
My appomtment expues: \ C\
PAGE 10 of24
2/15/05
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On April 21, 2005, before me, K. L. Fields-Fox, a Notary Public in and for said state,
personally appeared Alan E. DeFrancis, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the person, or
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
fa~__---
N ary Public in and for said State
(SEAL)
.
I -
r-~. '''''. K.l. FIELDS-FOX r
o . COMM. #1429795 -j
O. NOTARY PUBLIC. CALIFORNIA ()
i- . . ,OS ANGELES COUNTY ()
I MYCO~MEXPIRESJULY11,20071
Exhibit 1
Legal Description of Property
Lots 4, 5, 6, 10, and 11, City of Auburn Lot Line Adjustment No. LLA02-
0015, as recorded under Recording No. 20020725001632, Records ofIZing
County, Washington;
AND
Lots 2, 3, 7,8, 9, 12, and 14, City of Auburn Lot Line Adjustment No. LLA03-
0004, as recorded under Recording No. 20030321002048, Records ofI<~ing
County, Washington.
PAGE 12 of24
2/15/05
Exhibit 2
Map Depicting Property and City Boundaries - Attached
PAGE 13 of24
2/15/05
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EXHIBIT 2
THE PROPERTY
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Exhibit 3
Form of Renewal of Agreement
Confirmation of Continuation of Agreement
The development agreement entered into by and between THE BOEING
COMPANY, a Delaware corporation ("Owner") and the CITY OF AUBURN, a
municipal corporation of the State of Washington (the "City"), dated
, concerning property owned by Owner known as the Auburn
Fabrication Plant, and described in the development agreement, is hereby amended to
add a new paragraph 2a as follows:
2a. Term of Agreement
By mutual consent of the parties hereto, the Term of this Agreement shall
extend an additional twenty (20) years, for a total of 40 years from the recording date
of this Agreement. [A public hearing has been held in accordance with Section 8.7 of
this Agreement.] OR [The parties have determined that no public hearing is required
to implement this extension in accordance with Section 8.7 of this Agreement]. All
other provisions of this Agreement remain in full force and effect.
Dated this
of
,20
THE CITY OF AUBURN
THE BOEING COMPANY
By:
Its:
By:
Its:
ATTEST:
, City Attorney
[lDOCUMENT.Oll.DOC]
5112105
Exhibit 4
Development Regulations
ACC Title 12, except Chapters] 2.04 and 12.64, and excluding any provisions in
Title 12 requiring payment of permit fees and assessments and excluding
provisions setting forth permit procedures
ACC Title 16 (Environmental Review and Shoreline Development Permits)
ACC Title 17 (Subdivisions)
ACC Title 18 (Zoning)
The Development Relsulations attached as Exhibit 4 are not in a form suitable for
recording. Copies of the Development RegulationslExhibit 4 have been provided
to Boeing and the City of Auburn with this Agreement and at the time of this
Agreement. Any person wanting copies of this Exhibit 4 may obtain such copies
by contacting David Osaki at the City of Auburn Planning Department, 25 West
Main Street, Auburn, WA 98001, (253) 931-3090, or The Boeing Company, Attn.
John Powers, 3076 160th Avenue S.E., 1st Floor, MlC 7H-AH, Bellevue, WA
98008, (425) 865-1 Ill.
PAGE 15 of24
2/15/05
'
TiUe l2
S7'REETS,S1DE�'�'ALKS AND PUBLIC \'1'ORKS�
Chapters:
- ]2.02 General Provisions �
12.04 Public \'1'orks Constroction
]2.O�i S�reet Gradro-
12.12 Side��alks
12.16 Sidewalk Construction
12.20 DriveH•ays
12.24 Construction Permits .
12.28 Barricades
1232 Sidewalk Obstructions
1236 Street Trees '
12.40 Snow Remo��al from Side�+�alks �
12.44 Water on SideN•alks
12.48 Street Vacations
12.52 Street NameS ,
12.56 Airport
12.60 Rig6t-of-Way Permiu
12.64 Requited Public Improvements
12.66 Right-of-Way Construction Requiremeuls
1.For provisions reliting to the municipal cemetery,see Ct�.2.72 ACC. '
l2-1 (Re�sed>>roa)
Autiurn City Code 12.02.060
Chapter 12.02 l. Implement the goals, objutives and policies
of ihe Aubum comprehensive plan;
GENERALPROV1SlONS K. Preventorabatepublicnuisances;
L. ProVide the necessary infraswcture to facil-
Secuons: itate the regulauon of vehicles.and traffic.as regu-
]2.02.010 General authoriry. lated in ACC Tiile ]0;
]2.02.020 Purpose. M. Preserve sufficient public way capacity fot ,
12.02.030 Scope. the' city's future development requiremenu for
]2.02.040 .Admini�traiior�. city-oU�ned uiiliues dependem upon ciry public
12.02.050 Enforcement. ways and easemems:
]2,02.060 Definiuons. N. Assure that right-of-way uses by others is
regulated to prevent fu[ure conllicts with the oper-
12.02.010 General authority. ation and maintenance of city-owned uuliUes.
This chapter.is adopted under the authority of (Ord. 5042 § 1 (Exh• A), 1998.)
Chapters 35A.01, 35A.47 and 47.24 RCW. (Ord.
5042 § 1 (Exh. A), 7998.) 12.02.030 Scope.
All sv8ets, alleys, and public roadway ease-
12.02.020 Purpose. menu, developed and undeveloped recorded . �
The pqrpose of ilvs title is to regulate the acqti- rights-of-way, short plal trac�.c for roadway pur-
siuon, inanagemen}, and disposal of public right- poses, and/or any real property dedicated by coun-
of-way, easements for.city utilities, public access, cil acpon establishing the intent to uUliu such real
and surface drainage; the development and man- properry for "publie" use as roadway, nonmotor-
agemem of public infraswcture to indude,but not iud,or pedesvian pwposes lying within the corpo-
limited to,improvements in sveets,sidewalks,illu- rate boundaiies of ihe city of Auburn.(Ord:5042§
minauon sysiems, water, sanitary and storm water 1 (Exh. A). 1998.)
sewers utiliry systems,and nonmotorized facilities
used for transponation purposes within the corpo- 12,02.040 Administratioo.
rate limits of the ciry, and to promou public safery With exception of Chapter 12.56 ACC,Airport;
and general welfare and prevent or al�ate public which is administered by the director of the plan-
nuisances in accordance with standazds established ning deparvnent,this title shall be administereA by
by the state and the.city, and to: the director of the public works departmeat The
A. Minimize congestion and promote saf'e and directors are responsible for designation of staff to
con4enient vavel.by the public on streeu and high- develop uniform procediues to impldment the stan=
ways wiihin the ciry of Auburn; dazds and procedures set forth herein. In the
B. Promote the e(fecuve access to adjoining absence of the public works director the city engi-
��a, neer will act in his/hea behalf.(Ord.5042 § 1 (Exh. .
C. Pro�ide for adequate street and sidewalk A), 1998.)
standards to include illumination for motorized,
nonmotorized,and pedestrian faciliues; 12.02.050 Enforcement .
D. Estabtish procedures to regulate work wiilun The city engineer is responsible for the enforce-
public ways; ment of all codes and regulaUOns necessary W
E. Esiablish standards on street grades for assure the safe, unencumbeaed, and unobswcted .
accommodation of emergency services of fire and public use of public righu-of-way and public ways
police; as defined herein and regulated unda this tiile.
F. Regulau the condiuon of sidewalks in the (Ord. 5042 § 1 (Exh.'A), 1998J
city for public safety and to promote compliance
with the American Disability Act; 12.02.060 Definitions.
G. Promote sveetscape aestheuc improvemenu A. "Affiliate" means an endty wlvch (direcdy
and regulate trees within and adjacent to public or indirecily) owns or controls, is owned or wn-
right-of-way; trolled by, or is under common ownership with
H. Facilitate temporary uses of righu-of-way franchisee.For purposes of this definiuon,the term
and easemenu by others whi]e preserving public "owd' means to own an equity interest (or the
ways tor the common public benefit; equivalent thereo�of more than ]0 percent.
1. Rovide for safe access to public sveeu for
developing propenies;
�2_3 (Revised 9/98)
, .
�z.oz.oeo
B. "City propeny" means and includes all real which aze developed and dedicaud for public use
property owned by the city,oth��han pbblic ways and benefit, and are owned and operated by the
and utility easamenu as'those terms are defined city.
herein,and all propeny held in a proprieiazy capac- 5. "Pri4aie utility tacilities" means those
ity by the ciry. conduits, poles, wires, pipelines, ducls, pedestaLs,
_ C.. "Conduit"means any pipeli_ne, duct. or pro- antennae, and other appunenances owned and ,
tecuve enclosure for elecvica] conduciors, coaxia] operated by a publiclprivate uuliry company.
cable, mulu-conductor cahle. or fiber optic cahle. H. "FCC" means Federal Communications
communicauons trunkline or u�ed ioi iome�:�ncc Commission. or sucressor go��ernmenia] enuiy
of gas,pevoleum, or other commercial products. thereto.
D. "Con1]ict" means the ciry's use of ihe same 1. "Franchise" sha11 mean the inival authoriza-
physical space for repair of exisung city infraswc- uon agreement,or renewal thereof,approved by an
ture ar for accommodavng additional future city ordinance of the city co"uncil,which authorizes the
improvements within the same physical space franchisee to conswa,ins{all,operate,or maintain
within public ways would be impacted or severety any commercial faciliues subjed to tranchise in,
limited by faciliues proposed by other persons due under, over, or across public ways of the city for
to the lack of physical capacity to accorrimodate provision of services to any person within the city.
new. facilities within close proximity of existing J. "Franchisee" means a commercial enterprise
infrastrucrure. possessing a franchise granted by the city of
E. "Emergency" means a condition of immi- Aubwn, or the lawful successor, transf�ee, or
nent danger to the health,safety and welfaze of per- assignee thereof.
sons or property located within the city including, K. "Mo}orized facilides" means those public.
without limitation, injury to,persons or damaee to street Vansportalion facilities which lie between
property from natural or manmade events, such as, the curbs or shoulders ot a roadway intended pri-
but not Gmited to, storms, earthquakes, riots or marily for public use by the moturing public and
wazs, commercial vehicles.
F. "Excess capacity" means the volume or L. "Nonmotorized faciliues" means those
capacity in any existing or future duct, conduit, gansportadon facilides which lie within a pablic �
manhole, handhold or other uulity facility wiilvh right-ot-way or public easemeM whiedi are .
the pu6lic way that is or will be available for use ititended to be utiliied primarily by either pedestri-
for additional telecommunications or other com- ans or nonmotorized vehicles such as bicycks.
mercial utiliry faciliues. M. "Pedesvian faciliues" means those public
G. "Faciliues" includes, but is not limited to, vansportauon faci]iues which lie within a public
"overhead facilives", "telecommunicauons facili- right-oLway or public easement whic6 are
ties", "public faciliues", and 'wnderground facili- intended to be uulized exclusively by pedestrians.
ties"as defined herein: Sidewalks and vails where bicycles are restricted
1. "Ovahead facilities"means utility poles, aze examples.
illumina6on poles, uulity facilides and telecom- N. "Person" means a natural p�son as well as
munications facilities located above �he surface of legal enolies sucl� as, but not limited w,a corpora-
the ground, including the underground supports tion, partnership, limited liability company, gea-
and foundations for such facilides. eral or limited partnership, sole proprietorship,
2. "Telecommunications facilities" means joint stock company, wst corporation, business
the plant, equipment, and propeny, incl6ding but wst, wstees,receivers, legal representadves, and
not limiud to cables,wires,conduiu,ducu,pedes- any othu form of business association or endty,or
tals, antennae, electronics and other appurtenances a g'overnmental enuty.
used or to be used to vansmit, receive, disvibuu, O. "PobGc way(s)" shall mean Ihe surface of,
provide or offer telecommunications services. Ihe air space above the sudace, and the space
3. "Underground facilities" means city and below the surface of any public sveet, inciuding,
private utiGty and �elecommunications facilities tiut not limited to, any public alley, bridge, laad
located under the surface of the ground, excluding path, trail, court, circle, roundabout, boulevazd,
the underground foundations or snppons for over- drive, aacts, right-of-way or sidewalk under the
head facilities. jurisdicdon of the city as now,or in the funue,iaid
4. "Public facilities"means the streeu,curb, out, impro�ed or unimproved within th6 Gmits of
gutter, sidewalks, illumination system, watw, the city presenUy and as such limiu may be hereaf-
storm water, and sanitary sewer utility systems ta extended:
(Revisetl 998) 12-4
Auburn City Code 12.04.010 .
P. "Public works" means all work, conswc- Chapter 12.04
uon, alteration, repair, or improvement other than � '
ordinary maintenance, exuuied ai the cost of the PUBLIC WORKS CONSTRUCTIUN
city, or which is by ]aw a lien or charge on any
proper[y wittun the ciry (RCW 39.04.010). Sections: �
Q. ''Rieht(s)-of-H�ay" meins the area(s) of land 12_.04.010 Adopuon of standazd plans,
desienated for vansponauon purposes (Chapter specificauons,details, and desi¢n �
47.14 RCW). For other cit�� nreeis and transpona- s�andards.
uon reeulaiion purpu�e�. righNsl-nf��a ay �hall ]2.Oa.020 Comracu -Conformance�o standzrd
mean any, every and all of ihe 1uehW;ays, suee)s, plans, specificauons, details, and
sidewalks, alleys, and tracts either owned 6y the design standazds.
city as is now,or in the future, improved or unim- 12.04.030 Severabiliry.
proved wit}un the limi�s of the city presenily and as 12.04.040 Standard plans,specificauons,details,
such limits may be hereafter extended. and design standards-Copies 51ed.
R. ''Utility easement" means any easement in 12.04.050 AuthoriUes for public infrasUVCwre
ryhich the city holds an interest in or an inierest has and right-of-way management
been acquired, established, dedicated or devoted .
for city utiliry purposes. (Ord. 5042 § ] (Exh. A), 12.04.010 Adoption of standard plans,
1998 � specilications,details,and design
standards.
A. Adopted-Standard Plans.A manual of spa
ci5c plans or drawings developed, adopted and
uiled "Standard Plans (M21-Ol)for Road, Bridge,
and Municipal Construction" prepazbd by the
Washington State Depanment of 'fransponation
; and the American, Public.Works Association,'
Washington State Chapur, the laust publicauon
i and amendments thereto, as supplemented and
amended by the ciry engineer for specific conswe- ,
uon applicauons and for conformance with
adopted city design standards, hereinafter referted
to as the"standazd plans"is adopted by reference.
_ B. Adopted - Standard Specifications. The
Standard SpecificaGons for Road, Bridge and
lylunicipal Conswction, the latest (English) edi-
tion pnblication and amendments thereto which
includes the APW.4 Supplement(Section 1-99),as
issueA by the Washington State Depaitment of
'fransportation and the American Public Works
Association,Washington State Chaptea,as supplo-
mented and amended by the city engineea for spe-
cific conswction applications and for conform-
ance with adopted city design standazds,
hereinaftea referred W as the "standard specifica-
tions"is adopted by ieferenoe.
G. Adop[ed - Standard Details. A manual of
specifc plans or drawings developed and adopted
by tHe city of Aubwn department of public works
which show freqnenily Fecurring components of
work that have been standardized for repetiave
use, as supplemented and amended by the ciry
engineer fo'r specific construction applications and
for conformance with adopted city design stan-
dards, hereinafier referred to as the "standard
details"is adopted by reference.
]�.q,] (ReJised 9/98)
'
�z.oa.oao
D. Adopted-7ransportation Design Standazds. implement and publish standard details and speci-
A manual of specific plans or drawings developed ficauons for all public works afiea rediew and
and adopted by the ciry of Auburn department of approval by the public works committee. The city
public works which show frequenUy recurring engineer or his/her desienee shall establish stan-
infrastructure standards for each respectide classi- dard pracroces for regulation of all work within the
fication of city street as approved by the public public way by all_persons to include, but not lim- �
works committee, supplemented and amended by iied to, franchise public/pri��a�e uuliues and enu- '
the ci�y eneineer for specific conswc�ion applica- iies possessine a rieM-of-way aereemem and/or
uons and for conformance ��ith adepied rn� �iesie❑ pernut tu usure the �uhlic's safcty. uelfare and
standazds, hereinafier referred to as the "vanspo�- imeres� is proiecied.
tazion standazds" is adopted by reference. (Ord. B. Management of Record Drawines. 7'he city
5042 § 1(Exh. B), 1998.) eneineer or his/her designee sh�l develop office
procedures for the safe keeping of record drawings
12.04.020 Contracu—Conformance to of all public infraswcture to include, but not lim-
standard plans,specifications, ited to,improvemenls in streets,sidewalks,illumi-
details,and design standards. nauon systems, pavement condition snr0eys,
All public works conswction contracu of the water, sanitary and storm wates sewers utility sys- ; . �
city,.including but not limited to sveeu and side- tems.
walks, stnrm water and'sanitary sewers, and water C. Survey Record Controls. Ttae city engineer
distribution systems, shall wnform to the specifi- or his/her designee shall develop office procedures
cations adopted in ACC 12.04.070. Furthermore, for establishing horizonta] and vertical control reg-
all work wi}hip city public ways performed by oth- istration of existing and future development withia
ers subject to Chapter 12.24 ACC, Conswction the urban growth areas of the city. Procedures will
Permits,shall conform to the same standards.(Ord. uvlize both city and private development record
. SpqZ § � (Exh, g), �99g,) � drawings and survey effons to convnue to maintain
an accdrate current database for future reference.
12.04.030 Severability. The aty will provide the most current benchmark
It any provision of this chapt� or the standazd geodetic survey data to new developers and for city
plans, speci5cations, or details adopted by refer- conswcuon projects at the administrative cost of
ence in ACC 12.04.020 and effective from and providing the service, and require in exchange, at
afi�lanuary 16, 1998, or their application to any no cost to the city,the developer and/or city pmject
person or circumstance is held invalid,the remain- sponsors to provide equal quality record drawings :
der of this chaptea or its application of the provi- in Autocadd drawing file formaz at compledon of
sions to other persons or circumstances shall not be the development andlor city project to upda[e
affected. (Ord.5042 § 1 (Exh. B), 1998.) records reflecung survey controls of the new devel-
opment and/or ciry infrastruchue.
12.04.040 Standaid plans,specific�tions, D. Subdivision Records. The dty engineer or
details,and design standards— his/her designee shalJ develop office procedures
Copies filed. for the safe keeping of record drawings of all
Und�the provisions of RCW 35A.12.140, the recorded plats and short plats.
ordinance codified in this chaptu shall be pub- E. Management of Right-of-Way, Eazemeqts,
lished as required by law, but the aforementioned and Extensions of Public Facilities by Ptivate
standard plans, specificarions, or details adopud Deve]op�s. The city engineer or his/her designee
by reference in ACC 12.04.020 need not be pub- shall develop office procedures for the safe keep-
lished but shall be aut}ienticated and recorded with ing of record drawings of all public right-of-way,
the Auburn city clerk,and not less than one copy of public access easemenu, city udlity easemenu,
each such standazd documenu in the form in which cross drainage easements, and public facilities
it was adopted shall fonhwith be filed in the office developed and dedica�ed to the ci[y by privau
of the Auburn city clerk for use and examinauon by developers. The city eneinerr will execute all doc-
the public. (Ord.5042 § I (Exh. B), 1998.) uments necessary to accept and/or release ease-
ments for city utilities, drainage, slope protection,
12.04.050 Authorities for public infrastructure public access, and right-of-way, and acceptance of
and right-of-N•ay management. public facility extensions that are not dedicated
A. Develop and Publish Ciry Standards. 'fhe through plau and shon plau. For manaeement of
city engineer or his/her designee shall develop, developer facility eietensions,the city engineer wiJl
(Revised 9198) 1�-4.2
,
Au6urn City Code � � 12.08.030
develop procedures to receive de��eloperdeposits, Ghapter 12.08
accounung forthe cosu ofreviewing and approv-
ing developer plans,and inspecuon of conswction STREET GRADES�
work performed by the developer, and reimburse- `
ment of ciry cosu by developer funds. (Ord. 5042 Sections:
§ 1 (Exh. B). 1998.) 12.08.010 Establishment petiuon.
]2.08.020 Changes. ,
12.08.030 Nonconforming grade-Nuisance.
]2.08.040 ��iolation- Penalty.
12A8.010 Establishment petilion.
In case any person or persons desire to establish,
lay out, grade, regrade, eonsfiiet or in any way
improve any c�b, sqeei or sidewalk not provided
for or covered by ihe.adopted pamanent grades,
siich person or persons shal]petition the council in
wrivng for the establishment of the proper grade, .
which petition shall set fonh ttie eaaa locadon of
the proposed improvemera with the distances and
any other information desired by,the council, and
th'e council shal] make such order and talce such
action on such pe[idon as ahall be proper in the p�
mises, and any grade establistied in addiaon tn the
above permanent gades shall be filed with ihe
clerk and shall become a pvmanent grade for all
purposes. (1957 code § 8.08.030.)
�._ ,.
12.08.020 Changes.
i In case any of the painanent grades are not
_._ -
practical, any owna or owpas of property along
the block where it is alleged su�giade is imprac-
dcal may petidon the council in writing for. a
change of such grade,which pedtion shall set fonh
what the grade is as per the savry;what the condi-
tions aze wliich render the same impractieal, and
what is a practical survey or grade, and ihe council
shall have a rigln w ther"wpon by resoludon '
change such grade or s�uvey, and such new Bade
shall be the permanem grade thereafler, ana the
clerk shall keep a proper iecord of such change.
(1957 code § 8.08.040.)
12.08.030 Nonconforming grade-Nuisaoce.
lt is unlawful for any person or pcasons to lay
� out or cause w be es�ablished, laid out, gaded,
regraded or conswcted any curb, sve�t or sid� .
w81k not in conformity to and in compliance with
the permanent giades,or to cause to be established,
1. Fm 618NIDIy PfO�'ISIOTS BOIb071Z1i1$ �A{]0S6 ritia tn
- establisb end reutab6sL Ihe gadrs of sueets, see �RC�V
35.24.290(3): �07 pPOV1510116 BOWOI1ZILg W77d{�935 aCCB ID
� declere nuisances,see RCW 35.24330;for provisions gren4
- ing a code city ell powas of any ciry of any cleas,see RCW
35A.21.160. . � .
12-43 (aea eree�
12:08.040
laid out, �raded,regraded or conswaed any curb, Chapter 12.12
street or sidewalk where the giade is noi first es}ab-
lished by the council as pro��ded in ilvs chap}er. SIDEWALKS�
and any such curb, street or sidewalk established,
]aid oul, graded, regraded or conswaed not in Sections:
conformity with the provisions of t}ps chapter is a ��
nuisance and shall be subjeci io remo��al and abaie- 1. Improvemenu and Assessmenu
ment by the city; and the cost of the aha�emeni nr
chanee shall be aesessed aeainsi the shuning prui' 1?-12.010 Purposcr..
eny. (]957 code $ 8.08.050.) 12.12.020 Deliniuons.
]2.72.030 Improvement—Mainienance
- 12.08.040 Violalion—Penalty. responsibility.
Any violavon of the provisions of ttiis chapter 12.12.040 ]mprovement—Responsibility.
shall be enforceA pursuant to the provisions of 12.12.050 liiiprovemem— Order—Novice.
Chapter 1.25 ACC. (Ord. 4502 § 1, 1991; ]957 12.12.060 Improvement—Necessity repon,
code § 8.08.060.) 12.12.070 Impro�ement— Order tiy council.
12.12.080 Improvement— Hearing. •
, 12.13.090 Sidewalk conswction fund.
12.)2.300 Assessmen}—Rollprepuauon—
, HeaTing.
' 12.12.310 Assessment—Payment method
determinauon.
12.12.120 Assessment—Collecdon.
11. Canswcdon
12.12.130 Definitions. ,
12.12.140 SpeciScauons. ,
12.12.150 Requirement generally.
]2.12.160 Permit—Rocedure generally.
i 2.f 2.970 Permii—Fees.
12.12.180 Barricades.
i2.12.190 Guarantee by convactor.
32.12.200 Monument disturbance dnring
conswcuon.
32.12.210 Confinement with right-of-way lines
and easemenu.
12.12220 Acceptance pr�equisites
12.12.230 Administrauon�
�2.12240 Violation—Penalty.
I. lmprovements and Assessments
12.12.010 Purposes.
A. ACC ]2.12.040 and 12.12.050 aze enacted
in order to enable the city to exerase the powers .
and authority granted by Chapt� 203, Laws of
Washington, ]927 (Chapter 35.69 RCW), aad to
provide for the applicauon and enforcement olsaid
act in the city..
1. For atatutory provisions on.sidewallcs applicable io thiid-
class citiu,see Chs.35.68,35.69 and 35.70 RCW;fm provi-
sions on xideWalks in code cities,see RCW 35A.47.020.
(Aevised 9I9B) 12•4.4
Auburn City Code 12.12.050. .
B. The purpose of ACC 12.12.060 through directly abutting upon such pordon;provided;thaz
]2.12.120 is to enable the city to exercise the pow- such abutting property shall not be charged with
ers and authority granted by Chapter 35.68 RCW any costs of constrocaon or reconswcdon in
and to provide for the application and enforcement excess of 50 percent of the valuafion of such abut-
of Chapter 35.68 RCW. (]957 code §§ 8.10.030, ting property, exclusive of improvements thereon,
8.10.040.) according to ihe valuadon last placed upon it for ,
purposes of general taxation. (1957 code §
12.12.020 Delinitions. 8.10.OlOJ
For the purpose of ihis anScle (ACC 1?.12.010
through 12.12.120), the following words and 12.I2.050 lmprovement—Order—IQotice.
phrases shal] have the meanings respectively Whenever the city council has adopted such res-
ascribed (o them in this section,unless where used olution, the city engineer shall cause to be served
the context dearly indicates to the contrary: on the owner of the abutting property a nouce ,
A. "Abutring properry" indudes all properry inswcting the owner to conshvct or reconswct a
having a frontage on the sidewalk mazgin of any sidewalk on such portion in accordance with plan's
sVeet or public place. and specifications which shall be attached to such
B. "Sidewalk"includes any and all swctures or notice. Such notice shall be served by delivering iN
forms of street improvement included in the space in person to the owner or leaving it at his home
between the sveet margin and the roadway,known with a person of suitable age and discretion then
as the sidewalk area, induding sidewalks, gutters resident therein, or with an agent of such owner
and curbs along all driveways across sidewalks. authorized to collect rentals on such property,or,if
C. "SveeP' includes boulevard, avenue, sveet, such owner is a nonresident of lhe state,by mailing
alley, way, lane, square or place. (1957 code § a copy to his last-known address,or,if such owner
5.10.050.) is unlrnown or if liis address is unknown, then by
posting a copy in a conspicuous place on such por-
12.12.030 Improvemenl—Maintenance tion of the sveet where stich iinprovement is io bd
responsibility. made. Such noace shall specify a reasonable time
Whenever any street,lane,square,plade or alley within which such consWCfion or reconswction
in the city has been improved by the conswction shall b"e made,and shall state that in case the owner
of a sidewalk along either side thereof, the duty, fails to make the same within such time, the ciry
burdrn and expense of the maintenance, cleaning, will proceed to make the same through the ciry
repa'v and renewal of such sidewalk, including the engineer, end at a subsequent dau,to be definitely '
erection and maintenance of suitable barriers of stated in the notice,the city engineer will report tu ' .
wood, iron or masonry along the outer mazgin of the city council an assessment roll showing the lot
such sidewalk whue the same is elevated more or parcel of land d'uectly abutting on such portion
than two feet above the abutting property, shall of such street so improved, the cost of such
devolve upon the owner of the private property improvement, the name of the ownu, if known,
directly abutting on the sidewalk,and the improve- and that the city council at the time stated in the
ment shall be made by the owner in the manner notice, or at the time or times to which the same
provided by the ordinances of the city and the laws may be adjoumed, will hear eny and all protests
of tFie state. (1957 code § 8.10.005.) against the proposed azsessment.Upon the expua-
tion of the time fixed within which the owna is
12.12.040 Improvement—Responsibiltty. required to conswct or reconswct snch sidewalk,
Whene4er a portion, not longer than one block if the owner has failed to perForm such work, the
in length,of any sveet is not improved by the con- ciry shall proceed to perform such work and shall,
swction of a sidewalk thereon, or the sidewalk within the time fixed in the noqce,repon to the ciry .
thereof has become unfit or unsafe for purposes of council an assessment roll showing the lot or pazcel
public travel, and such street adjacent to both ends of land d'uecQy abutting on such portion of such
of the portion is so improved and in good repa'v, sveet.so improJed, the cost of such work, and the
and the ciry council by resolution finds that the name of the owner, if lmown. 'It�e ciry council
improvement of such ponion by the conswction or shall,at the time in such notice designated,or at an
reconswction of a sidewalk thereon is necessary adjoumed time or times, assess the cost of such
for tHe public safety and convenience, the duty, improJement against the abutting property and
burden and ezpense of constructing or reconstruct- shall fix the time and manner for payment thereof;
ing such sidewalk shal] devol0e upon the properry which assessment shall become a lien upon the
12-5
,
ix.ix.o6o
property and s}iall be collected in the manner pro- time to time to a definite date until the hearing is
vided by law for special assessments under RCW held. (1957 code § 8:10.080.)
TiAe 35.(1957 code § 8.10.020.)
12.12.090 Side�valk construction fund.
12.]2.060 Improvement— Necessity reporl. The ciry council may create a sidewalk con-
]f, in the judgment o( the ciry engineer, public struction fund designated as "sidewalk consWC=- '
convenience or safety requires the construction, cion fund No._"�o be numbered differently for
reconstruciion or repair of am� side��.alk �+�iihin ihe each impro��ement, and with warrants drawn on
ciry limits, he shall repon such fac� �o the di�� ihis fund ihe cos�s of ihe respective impro4emen�s
council immediately,(1957 code § S.]0.060.) may be paid.The city may advance as a loan to the
sidewallc conswction fund, from any available
12.12.070 Improvement—Order by council. funds,the amounu necessary to pay any cost of the
A. If, upon receiving a report from the ciry improvement. V✓hen any assessment is made for
engineer,the city council deems such conswction, the improvement, payments therefor shall be paid
reconstniction or repair necessary for the public into the particular sidewalk improvement fund;and
safery or convenience,it shall,by resolution;order whenever any funds aze available over the amounts .
the atintung property owner to perform the neces- necessary to pay outstanding warrants, any
sary conswction, reconsvuction or repair. advances or loans made to the fund shall be iepaid.
B. The resolution shall: Whenever wa�rants are drawn on any fund which
]. Specify the time within'which the work are not paid for want of suKcient fiinds,they shall
shall be commenced and completed by the abutung be so stamped and shall beaz interest until called
property owner; and paid at a rate established by the city council by
2. State that if the'improvement is not com- resolution.(1957 code § 8.10.090.).
pleted within the time specified that the city will
pedorm and complete the improvement and assess 12.12.100 Assessment—Roll preparation—
the cost against the abutting property owner; Hearing.
3. Fix a vme from and after its passage, and Where all or any ponion of the costs are to be
a place for a public hearing on the resolution; assessed against the abuning property, an assess-
4. Be published for two consuutive weeks' ment roll shall be preparr.d by the city engineer
in the official newspaper of the city; which shall, to the extent necessary, be based on
5. Provide that a notice of the date of such benefts, and which shall describe the,property ,
public hearing shall be given each owner or assessed, the name of the owner, if known (other-
reputed owner of property abutting the proposed wise staang that the name of t}ie owner is
improvement, as shown on the tax rolls of the unlrnown), and fixing the amount of the assess-
counry treasurer, by mailing to the owner or ment. The assessment roll shall be filed with the
reputed owner of the propeity, at the address ciry clerk, and when so filed the council shall, by
shown thereon, a notice of the date of kearing. resolution,fix a date of hearing thereon and direct
Such mailing shall be made at leut 10 days before the clerk to give notice of such hearing and the time
the date fixed for such hearing. and place thereof. 7'he notice of hearing shall be
C. Proof of the publication of the resolution and mai]ed to the person whose name appeazs on the
the mailing of the notices to abuning property own- counry treasurer's tax roll as the owner or reputed
ers shall be filed with the city clerk prior to the owner of the property, at the address shown
hearing on the proposed improvement, (]957 code thereon, and shall be published before the date
§ 8.10.070.) fixed for the heazing for two consecutive weeks in
the official newspaper of the city.The notice shall
12.12.080 Improvement—Hearing. be mailed and fust publication made at least 10
At the time of hearing, the council shall hear days before ihe hearing date.Proof of mailing and
persons appearing for or against the improvement, publication shall be made by affidavit and shal]be
and shall detertrune whether it will or will not pro- filed with the city clerk before the date fixed for the
ceed with the improvement, whether it wi11 make hearing. Following the hearing, �he city counci]
any changes in the original plan, and what ttie sNall, by ordinance, affirm, modify or reject or
changes will be. This action may be taken by order recasting of the assessment roll. An appeal
motion adopted in the usua] manner; provided, may be taken fo the superior court from the ordi-
Fiowe4er, that the hearing may be postponed from nance confirming the assessment roll in the same
manner as is providedJor appeals from the assess-
12-6
Auburn City-Code 12.12.170
ment roll by Chapters 3�.a� io 35.54 RCW. (1957 D. A "sidewalk" means and will be considered
code § 8.]0.100.) as any thoroughfare.}he primary function of which
is to serve pedestrian traffic.(Ord. 3926§ 1, 1983.)
12.12.110 Assessment-Paymen} met6od
�
determination. 12.12.]40 Specifications.
The city council shall. by recolution, provide Any and all sidew�alks required to be constructed
H-hether the full amoum of ihe assessments shall be pursuant io the terms in this anitle shall be con- '
paid in one pa�ment or ��hether ii ma� he paid in structed in accordance wi�h �he specifications that
installment� and shall pre�c�ihe the tfine and are incorpora�ed b� reference in ACC 12.04.010.
amoun� of surh payments: and if more ihan one (Ord. 3926 � 2. 1953.)
payment is provided for. ihe city council may, by
resolution. provide for inierest on unpaid instal!- 12.12.150 Requirement generally.
ments and fix the rate thereof. (1957 code § Whene4er a sidewalk and/or driveway is
8.10.110.) installed, it stiall be installed in conforniance with
a valid permit issued pursuant to this article,except
12.12.120 Assessment- Collection. as otherwise requiied under Chapter 12.64 ACC. , � .
The assessment roll as affirmed or modified by (Ord.3926 § 3, ]983.) �
the city council shal] be filed with the finance
director for collection. and the amount thereof; 12.12.160 Permit-Procedure generally.
including interest. if any. shall become a lien The building official shall grant such permits
against the propeny descnbed therein from the date only upon compliance with the following terms
of such filing. Whenever any payment on any and conditions:
assessment or installmem is delinquent and unpaid A. The party requesting the pertnit shall make
for a period of 30 days or more, the lien may be application therefor in writing, and will file with
foreclosed in the same manner and with the same the city engineer drawings showing the location .
effect as is provided by'Chapters 35.43 ro 35.54 and plan of the sidewalk to be conswcted,together
RCW. �✓henever the deed is issued after the sale with a full description of[he nature of such ivork. .
therein provided. the regularity. validity� and cor- B. The city engineer shall thereupon examine
rectness of the proceedings relating to such and approve such application and'drawings and
improvement and the assessment therefor shall be sh=all recommend issuance of.the permit to the
final and conclusive and no action shall thereafter boilding official.
be brought by or on behalf of any person to set C. Such permit shall specify the place where'
aside the deed. (1957 code � 8.10.120.) ' such sidewalk is to be constructed, together with a
description of the proposed construcpon to be done
11. Construction under such permit, and the length of time allowed
. for the compleiion thereof. (Otd. 3926 § 4, 1983.)
12.12.130 Definitions.
Except wfiere specifically defined in this sec- 12.12.170 Permit-Fees. '
tion. all words used in this anicle shall carry their The permit fee shall include the cost to the ciry
customary meaning. for making the necessary surveys�and for lhe
A. "Contractor" means �he person. firm or cor- inspection of all public improvements. Such.fees ,
poration doing or per(orming work for the property and costs shall be paid in advance to the finance
owner, city or other municipal corporation. A director at the time the application for pertnit is
"bonded contractor'� stiall be adequately bonded to submitted.
the ciry. - A, Fee tor issuance of permit ....:.:........$10.00
B. "Permittee" means the person, firtn or cor- B. Inspection fee for conswction and inspec-
poration w•ho is applying for a permit or to whom a tion measured along curb line:
permit has been issued for sidewalk construction 75 lineal teet or less..:;...,::.......:..::..:::. 15.U0
.._. . ..
pursuant io thisanicle. . 76 to I]0 lineal feet ....................:......20.00
C. "Propeny owner`' me�ns �he person. fiim or I 1] io 150 lineal feet .........................25.00
cotporation who has legal title to the propeny on . Each additional 75 lineal feet or ponion
which the sideu•alk to be constructed fronts or is thereof .............,.....................,..:..,......:......... l0.00
-
being made. including his legal agents. C. Anytime it is necessary to have a survey
crew place stakes for sidewalks,the fee for the per-
]z-7 (Revisetl 17/02)
12.12.180
mit shall be increased 50 percent in addition to the 72.12.220 Acceptance prerequisites
regular fee for this service. No sidewalk improvement constnicted pursuant
D. Each driveway and/or curb opening .. ]0.00 to the terms of this anicle��i11 be accepted until ttie
E. Replacement of low curb and gutter,each 50 city engineer is'satisfied that�the work' has been
lineal feet .................................................::.. 15.00 performed according to the requirements of this
F._Placement of curb and gutter. Fee �o be same anide and to the lines and grades as established ,
as for sideµ�alk ab:ooe in addition to fees charged and staked. (Ord. 3926 § 10. 1983.) —
for sidewalk placement. (Ord, =945 F 1. 1954: Ord- �
3926 � 5. 19S=J ]?J?.?;0 .4dmioistra�ion
The mayor is authorized to implement such
12.72.180 Barricades. adminisvative Procedures as may be necessary to
The person, firm or corporation constructing a cazry out the directions of this legislation. (Ord,
sidewalk pursuant to the terms of this anicle shall 3926 § 12, 1983.)
erect and, so long as conditions exist and any dan-
ger may continue, maintain along the property 12.12.?AO Violation—Penalty. '
� upon which the side��alk is to be cons[ructed a A. Violaiion of the provisions of this chapter is
good and substantial bamer.This barrier is to be in an infraction, subject to penalties in`accordance
compliance with 6hapter 12.28 ACC. The above with ACG 1.25.050,and each day in violation shall
persons shall cause to be maintained during every be considered a separate offense.
night from sunset fo sunrise,aropnd the obstruction B. In addition to the penalties provided in sub-
su�cient warning ligtiu or flaresl including any section A of this section, if the owner or permittee
requested by the city engineer.ln �he e�em the per- fails to conswct a sidewalk in the time and manner
mittee'is not immediately available, the city engi- specifed in the permit issued pursuant to this arti-
neer may install,at pertnittee's expense.additional cle, the ciry council, pursuant. to Chapter 35.70
barricades, lights and/or safery devices to protect RCW. shall order the sidewalk to be constructed
the public. (Ord. 3926 § 6. 1983.1 under the supervision of the city,engineer, and the
costs shall be assessed against and become a lien
12.12.190 Guarantee by contractor. dpon the land of the property owner abutting the
Any sidewalk constructed under permit autho- sidewalk io be constructed. (Ord. 5683§ 33. 2002;
rized by this anicle shall be backfilled.tamped and Ord.3926 § I1, 1983.)
setded in such manner that the new sidewalk and
any abutting sidewalks shall not become under-
mined. and 3hould the sidewalk settle within a pe-
riod of one yeat.it shall tie repaired at �he expense
of the original contractor. (Ord. 3926 § 7. 1983J
12:12.200 Monumenl disturbance during
construction.
The pertnittee shall not disturb any survey mon-
umen{s or hubs found u•ithin the boundaries ofthe
sidewalk to be constructed'unlessau�tiorized to do
so by the city engineer.ln the event that such mon- '
uroents or hubs are io be removed because of the
sidewalk construction.they must be replaced under
the supervision of the city engineer at tlie p.ermit-
tee's or his agent's expense. (Ord. 3926 § 8. 1983J
12.12.210 Confinement with right-of-way lines
and easements.
It shall be the pertninee's responsibiliry to con-
fine his consiruction activities µithin the street
right-of-way lines and limits of easements de-
scribed on the pertnit. Anv damage resuhing from
trespassine beyond these limits shall be the sole re-
sponsibility of ihe permiitee.(Ord.3926 �9. 1983.)
(Revised t v02) ��'8 .
� .
Auburn Citv Code 12.I6.080
Chapter 12.16 with the provisions of this chapter is.an insdfficient
sidewalk and a nuisance and not such a sidewalk as
SIDEWALK CONS'TRUCTION public convenience and safery requires, and the
city council shall have the right to orderand cause
Seciions such sidewalk to be removed and replaced by a
- 12.16.010 Chapier conformance requfred. sidewalk consGucted incompliance.wi[h the provi- ,
12,I 6.030 Chapier �pplicaiion. sionc of this chapier.all at ihe expence of the owner
1216.0?0 Su�en i�nr. �ersnnn�I. or o�+nerc of ihe propeny �bunine ihereon. (1957
13.16.OaU �onconfonnmc >ide�+alk - code § 5.13.O�10.)
Insufficienc�� and nuisance declaratfon
-Correction. 12.16.050 VVidth.
12.16.050 �'idth. All sidewalks which are constructed on any.pub-'
12.16.060 Requirements cenerally. lic sireet, thoroughfare or avenue within the city
12.16.070 Permit- Required when - Fee. limits shall be at least four feet in width; provided.
I?.16.080 Subgrade inspection readiness notice. however, that in any case where there are side-
12.16.090 Concre�e pounng wiihout inspection- walks on any street between two intersecting
Sidewalk condemnation. , s�reets and these sidewalks are widerthan four feet, '
I3.16.100 Barriers and lights. �hen all additional sidewalks shall be of the same
12.16.110 Subgrade - Requirements. width as the existing sidewalks. (1957 code §
12.16.120 City engineer's duties. 8.12.050.)
12.16.130 Violation - Penal[y.
12.16.060 Requirements generally.
12.16.010 Chapter conformance required. All sidewalks which are wnstructed on any pub-
Any and all sidewalks which are constructed on lic street, thoroughfare or avenue wi[hin the ciry
any public street; avenue or thoroughfare within limits shall be of concrete construction, and the
the ci[y limits shall be constructed in conformity requirements set out in ACC 12.16.070 through
with the provisions of this chapcer. (1957 code § 12.16.110 relating to the construction thereof and
8.12.010.) i the plans and specifications thereforare adopted.
(1957 code § 8.12.060.) ' _
12.16.020 Chapter applicatioo.
The provisions of this chapter shall apply to all 12.16.070 Permit-Required when-Fee.
sidewalks consiructed on any public street, avenue Any owner desiring to consvact a sidewalk
. or choroughfare within the ciry limiis,whethercon- oiher than by a local improvement disvict shall
structed by [he owners of the abut[ing oradjacent first obtain a permit for the work from the ciry
propeny voluntanly,or ordered constructed by res- clerk. The fee for such permit shall be a minimum
olotion of the ci�y,council, or construcied by the -of$4.00 for the first 50 feet of sidewalk and 50.03
- ciry af�er such order by resolution, or constructed per foot for each additional foot of sidewalk. Side-
by the local improvement dis[rict plan as provided walks to be constructed under one permit shall tie
by law. (1957 code § 8.12.020.) cominuous. The pennit fee shall cover the cost of
siaking once and of inspection. The owner shall
12.16.030 Supervisory personnel. preserve the grade stakes unul the job is completed.
The building and construciion of any and all 7(the stakes are lost through neglect on the part of
sidewalks on any public street, avenue or ihor- owner or contractor,the contracror will be required
oughfare wiitiin ihe city limits shall be under the to pay the cost of replacement. (1957 code §
direct supervision of the ci(y engineer or under the 8.12,060(a).)
direct supervision of such other person or persons
as the city council may specially appoint for that 12.16.080 Subgrade inspeMion readiness
purpose: (1957 code § 8.12.030.) notice.
The contractor shall notify the city when the
12.16.040 Nonconforming sidewalk- . subgrade is completed, and no concrete shall be
Insufliciency and nuisance placed until after the subgrade has been inspected
decla�ation- Correction. and accepted by ihe city. (1957 code § 8.1,2,060
Any sidewalk which is conseructed on any pub- (b).)
lic street, a�enue or [horough(are within the city
limits and which is not constructed in confortnity
12•9 (Aevisetl 7i99)
,
12.16.090
12.16.090 Concrete pouring N�ithout inspection Chapter L2.20
-Sidewalk condemnation.
The contractor shall notify ihe ciry in advance o( DRIVEWAYS
the time when he is to commence pouring concrete
so that pro�ision may be made for inspection by the Settions:
ciry. such noiice �o be in w.niine. and any sidewalk I?.20,-010 Chap�er applicaiion. --- ',
placed Without wch pnor notice �hall be con- 12.20.015 Hieh�a�• access mana�ement -
demned and is condemnrd. �nd ihe cenira:��r <hall .Adminfsir:�ii�e pr�ce��-
have no claim �gain�i ihe o��ner o( inr �buning 12?0.0?0 Supeni>on peronnel.
propeny or against ihe abuuine propeny for pay- 1??0.030 Permii - Required - Fees.
ment on accouni o( �uch condemned work. (1957 12,20.040 Consiruciion standards generally.
code § 8:12.060(c)) 12.20.050 Width.
12.20.053 Repealed.
12.16.100 Bar�iers.and lights. 12,20.055 Number of driveways.
The contrac�or shall provide proper 6amers and 12:20.057 Anerial ingress and egress -
lights to keep all traffic o(f of the sidewalk, and he Engineenne division approval •
shall be responsible for any damage done to the reguired.
green walk. (1957 code § 8.12.060(d).) 12:?0.060 Violation - Penalry.
12.16.110 Subgrade- Requirements, 12.20.010 Chapter application.
The subgrade shall be excavafed io a depth of The provisions of iFis chapter shall apply to all
about four inches below the finished grade, and pe�sons who construct or cause to be conswcted a
thoroughly setded and compressed by weuing and driveway on a public street, avenue or thorough-
tamping. All fills undersidewalk shall be made of fare within th_e city. (Ord, 5143 § I, 1998; 1957
suitable material spread in layers not�o exceed one code § 8.14.OIOJ
foot in [hickness, each. layei to be choroughly
flushed with water and tamped or rolled un[il a 12.20.015 Highway access management-
hard unyielding surFace is 'obtained. ln fills, the Administrativeprocess. �
subgrade shall extend at least nine inches past the Chapter 47:50 RCW, entitled Highway Access
edge of the sidewalk,and shall have a natural slope Manage_ment, and any amendments or additions
of one and one-half feet to'one foot, unless the fill thereto, and Chapter 468-51 WAC, rules adopted
is aga_inst some permanent strucmre. No board pursuant to authoriry under Chapter RCW and any
retaining walls shall be� used. (1957 code § amendments or additions thereto are heieby
8.12.060(e).) adopted by reference. (Ord..5143 § I, 1998.) .
12.16:120 City engineer's dutia. 12:20.020 Supervisory personnel.
Unless otherwise specially ordered by the ciry Th_e building and conswction of any and all
council, the city engineer shall have supervision of sidewalks and dri,veways on any public streeL ave-
the work of construction of all sidewalks con- nue oi ttioroughfare within the ciry limits shall be
structed on the public streets of the city. If, in the under the direction of th_e city engineer, or other
opinion of the ciry engineer, the provisions of[his such person or persons as the city codncil may des-
chapter are not being complied 'wi[h and sucp a ignate. (Ord. 5143 § I, 1998; 1957 code §
sidewalk is being consiructed bbt is not being con- , . . 8:14.020.)
structed in the manner provided by this chap[er,the
ciry engineer shall so notify the comractor or the 12Z0.030 Permit- Required-Fees.
person having ch�rge o(the work o(construction Any owner desiring to constroct a dri4eway on
and may require any work not in compliance with a public saeet, avenue or thoroughfare shall first
the provisions of this chapter to be Corn out and obtain asidewalk pertnit from the building depart-
removed and replaced under his direction. (1957 ment. Ifthe driveway is �o be constructed toge[her
code § 8.12.070.) with a sidewalk..then no additional perinit fee shall
be charged. If the driveway is to be consiructed
12.16.130 Violation= Penalty. where }here is an existing sidewalk or curb. then
Any violacion of this chapter shall be en(orced the permit fee shall tie $1.00. If the driveway is to
pursuant Co the provisions o( Chap[er 1?5 ACC.
(Ord. �502 § 2. 1991; 1957 code § 8.1?.080.)
(REViseO 7/99) �Z-��
I
.4uburn Citv Code 12.24.010
be constnicied where ihere is no sidewplk or curb. Chapter 12:24
then the permit fee shall be 52.00. (Ord. 5143 § I. "
1998: 1957 code § 8.14.050.) CONSTRUCTION PERMITS
12,20.040 Consfruciion s�andards generally. Sections: '
In �eneral. the consiruction of dri0eways shall 12.'4.010 Rrqui�ed.
conform io ihe st�ndard� of side�+�lk con��ruction 1?:24.020 Applications.
�> ��i f�nh in ihe �ii� nf auhurn de�i�n �nd com I].?a.0�0 Eneineerof reeord.
��rucuon si�ndard�- �� here z�ce��i�e �rade exists. I?.2a.0a0 Traf(io-control plan.
as determined by ihe city zn�ineer, an asphalt 12,24.050 Per(ortnance bond.
dnveway is permiiied. Construction details shall 1214.060 Permit—Fee.
confortn to the city's standards. The city engineer 12?4.070 Construction coda. ,
may require additional thickness, rein(orcement. 12.24.080 Decision—Permitterm.
strengthening of subgrade or oifier means of pro- 12:24.090 Contest of city engineer's decision.
viding a stroneer dri4eway when he deems it nec- 12:24.100 Compliance with permit.
escary..(Ord. 5143 § l, 1998: Ord. 2979 § I, 1976; I?.24.110 Display of pertnit.
1957 code §�8.14.030.) 12.24:120 Su�vey of unde�ground facilities.
12.24.130 Noncomplying work.
12.20.050 �Nidth. 12.24.140 Record drawings:
Unless deviation is gramed by the public works 12.24.150 Restoration after eonstruction.
committee o(�he citv council,the widths shall be in 12.?4.160 Standards forconstruction.
. _. _ _
conformance wiih ihe city. of Aubum design and 12:24.170 Permittee's liabili_ty;
construction siandards and the city of Aubum con- 12?4.180 Release of construction surety.
struction details. (Ord. 5143 § 1. 1998: Ord. 3866 12.24.190 V iolatioo—Penalry'.
§ 2. 1983: Or. 2980 § 1. 1976: 1957 code § 12:24.200 Responsibilities of the owner.
8.14.040.)
12.24.010 Required.
12,20.053 Frontage. i All persons, including, but not'limited to, fran-
Repeqled b4 0rd. S/43. (Ord. 3866 § 3, 1983.) chise utilities, corporations, firtns, companies,
individuals, government agencies or officials, or
12:20.055 Number of driveW�ays. any org8nization of any kind, who propose to
The number of driveways per average.residen- install ovei�head or underground facilities, perform
tial, induscrial and commercial lots shall be in con- construction, or excavate into the surFace of any
formance wiih ihe ciry of Aubum design and ciry street, sidewalk or curb, or make any eacava-
construc�ion siandards. (Ord. 5143 § I, 1998; Ord. iion through or undemeath any ciry street,sidewalk
3866 § 4, 1983.) or curb, in any streeror alley in the city,'or xross
ciry"or public property, must obtain a permit to do
12:20.057 Arterial ingress and egre"ss— so (rom the ciry engineer prior to any proposed
Engineering division approval work. In )he event of any conflict, regarding per-
required. mitting of any work within ciry public ways or ciry
For all commercial and industrial building per- easements, with any other chapter of this code, the,
mits or remodel applications where-ingress and procedures sei forth in this chapter shall take pre-
egress is to an anerial street, location of driyeways cedence.
shall be reviewed and approved by the engineering A. Prior ro applying for a pertnit for construc-
diJision percity of Aubum design and construction tion or installation of facilities within the city's
standards. (Ord. 5143 § 1. 1998; Ord. 3866 § 5, public way"s the applicaot will obtain any business
1983J registration, franchise, and/or righo-of-way agree-
ment required in accordance with ACC TiQes 5 and
12.20.060 Violation— Penalty. Z0.
Any violation of this chapter shall be enforced B. Prior to applying for a permit for use of or
pursuan) to the provisions of Chapter 1.?5 ACC. the construction of approved facilities on city-.
(Ord. 5143 § l, 1998: Ord. 4502 § 3. 1991; 1957 owned or public property[he applicant shall.obtain
code § 8.14.060.) a (acilities lease from the city in accordance with
ACC'fiQe 20. 7'he city council reserves bnto iiself
the sole discretion to lease city property (or any
]Z-]] (Revisetl7l99) .
11
i z.za.o2o
purpose. and no vestzd or other riehis ,hall be cie- 2. The excess capaciry, if any, that will exist
ated by t6is section or any provision of this chapte� in such ducts or conduits after installation of appli-
applicable to such facilities leases. cant's facilities: and
C. This chapter does no� apply to utility permits 3. Evidence of ownership or a right to use
issued under ACC Title 13. (Ord. �042 § 1 (Exh. cuch ducts or conduits:
C). 1998.) F. If applicam is proposine �n underground �
in��alla�ion within ne.+ ducis or conduits io be con-
12.24.020 Applicalion�. >irucied �Yiihfn Ihe ruhlic ����s '
Applicaiion. for consirunion pern�n> >h�ll hr I. The loc�non propostd lor ihe nr�v ducts
submitted to the city eneineer upon form� to be or condui�s; and
provided by the city and shall be accompanied by 2. The excess capaciry iha[ will exist in such
drawings, plans,.speci(ications. per(ortnance bond ducts or condui}s a(ter installation o( applican)'s
valued at 125 percent o(the estimated cost o(work facilities;
including landscape and restoration work antici- G. A preliminary construction cchedule and
pated, and a brief narta[ive description o( che completion date:
project scope in sufficient detail to demonstrate: H. Information to establish that the applican[ . �
A. 'I'he identity of the applicant. includins all has obtained all o�her eovemmemal approvals and �
affiliates of the.applicant: � permits w constiuci and opera�e the facilities, and
B. A description of the services ihat are or will io offer or provide the services proposed, includ-
be offered or provided by the 2pplicant �o others; ing, but not limited to. evidence that the applicant
C. Preliminary engineering !plans, specifica- has registered [he Washingron Utilities and Trans-
tions and a network map of itie (aciliiies to be ponation Commission where applicable:
located <vithin the ciiy, all in sufficiem deiail to I. A permit fee as detertnined in ACC
identify: 12.24.060:
I. The location and route requested for J. Proof of ability to meet ciry's bonding
applicant's proposed facilities: requirements as set fonh in ACC 12.24.050 when
2. 'fhe location of all overhead and under- the permittee does not have an existing standing
ground public utility, telecommunications, cable, bond on file with the ciry sufficient to cover the
water, sewer drainage and other facilities in the scope of work proposed; and
public way along the proposed route; K. Demonstraeion that the facilities will be con-
3. The locatio'n(s), if any, for interconnec- structed in accordance with city standard; and all
' tion with the facilities of other carriers; other applicable codes, rul.es and regula�ions. (Ord.
• 4. The specific trees, strucwres, improve- 5042 § I (Exh. C). I998.)
ments,facilities and obswctions,if any,that appli-
cant proposes ro iemporarily or permanently 12.24.030 Engineer of record.
remove or relocate: Permit applications shall be accompanied by
5. The location of all facilities to be con- drawings, plans and specifications and identifica-
swcted within or immediately adjacent to ihe pub- tion of the name, celephone number;and address of
lic ways on priva�e property. Where use of private the engineer having responsible charge of the
property is involved proof of easemen[s will be scope of work covered by the permit. (Ord. 5042 §
required prior to permit issuance; 1 (Exh. C), 1998.)
6. The location of all survey monuments
which may be displaced or dismrbed by the�pro- _ . . 12.24.040 Tra�c-con[rol plan.
posed construction; All permi� applications which involve work on,
D. lf applicant is proposing to install overhead in,underracross,oralong any public ways shall be
f�cilities. evidence that surplus space is available accompanied 6y a traffic-control plan demonstrat-
(or loca�ing its (acilities on existing utility poles ing the protective measures and devices that will be
�long the proposed route: employed, consistent with the latest edition of
E. If applicarit is proposing an underground Manual on Uniform Traffic-Control Devices
installation in existing ducts or conduits within the. (MUTCD), as adopted by the Model Traffic Ordi-
public ways, infortna�ion in su(ficient de�ail to nance (ACC 10.04.010) and RCW 4736.020 to
identify: prevent injury or damage to persons or property
I. The excess capaciiy curtendy available in and to minimize disruptions to pedestrian and
such ducts or conduits be(ore insiallation of appli- vehicular iraffic. (Ord. 5042 § 1 (Exh. C). 1998.)
cant's facilities:
1 Revisetl 7/99) I Z•12 �
Auburn Cirv Code 12.2A.080
12.24.050 Performance bond. Excavalion Rates .
Al] per(ormance bonds for work in publirways
shall satisfy the.minimum standards established in Length of Excavation (feet) Fee
the city's standard specifications as adopied in 0-30 . E76.00(basic fee)
Chapter 12.04 ACC. Unless otherwise provided in 31 - ]00 110.00
a rieht-of-way aereement. permit. franchise, or !OT- 250 179.00
lease aereement. a performance bond w•riuen by a
corporaie sureiv acceptable io ihe citv equal to at 251 - 499 351.00
leasi 1?5 percent of the esiimaied cosi of iemo�ine �00- 999 419.00
ihe graniee's. permiitee's. ir�nchisee's. or lessee's
equipment and faciliiies and restoring the public For every 100 lineaz feet over and above 1.000.
way's of the ciry and/or ciry•owned propeny to i[s add to the above rate the cuaent value of one hour
substantially equivalent preconstruction condition of inspection labor($3436).
shall be deposited be(ore any construction is cbm- Overhead rates are based upon the duration of
menced. Said bond shall be required to remain in the permi4 allowing one hour of inspection time
full force until 60 days after completion of the con- per day. The inspection fee shall be calculated
swciion and/or improvements within the public using the current hourly labor rate for inspection
ways of the city or upon ciry-owned propetty as times the estimated number of workdays in the
determined by the ciry engineer. and.shall warrant project schedule. The total pemut fee shall be the
al] such restoration work for a period of one yeaz by basic fee above,plos the inspection fee.
reduction to an amount approved by the city engi- In lieu of the above standard rares,the city engi-
neer in the approxima�e amount of 10 percent of neer or his/her designee may calculate the fee
the original ��alue of the performance bond during based upon curtent labor rates for administrative
the period of H�ananty. The purpose of this bond is and inspection staff after developing an estimate of
to guaran�ee removal of panially-completed work staf(effort involved.For projects that are expected
and/or nonconforming facilities.to fully restore the to involve significandy mote than a 1,000 feet of
public ways of the ciiy and ciry-owned property to sireet excavation or when t6e scope or duration
its substantially equivalent preconstructic�n condi- cannot be accurately estimat4d, the city engineer
tion, and/or w cover unexpected deienoranon of. may establish a deposit accodnt to manage permit-
pavemem structures precipicaied by the grantee's tee deposits in advance of pertnit issuance for reim-
work.and any other permiuing requirements estab- bursing actual labor costs of administering the
lished in the permi� as required 6y the ci�y engi- permit. Such deposit accounts will not be interest
neer. (Ord. 5042 § 1 (Exh. C). 1998.) bearing and will be closed at the end of the permit-
ied work when a final accouniing of the permit
12.24.060 Permit- Fee. administration cos[ shall be calculated and a final
A.The city engineer shall}iave charge of issuing bill or credit issued to the permittee.
construction pertnits to all persons upon ihe nppli- B. 'fhe pertnit tee will be collected at the time
cation for the permit to perform any work withiq �he permit is issued. Upon approval of the applica-
the city's public µ•ays. easements. or upon city or tion by the ciry engineeG a permit will be issued to
public propeny. The ciiy engineer shall provide the person paying for the permit. (Ord. 5042 § 1
application forms to be completed by each appli- (Exh. C). 1998.)
cant. Prior to pertnit issuance, the ciry engineer or
his/her designee shall assure ihat a fee for �he per- 12.24.070 Construction codes.
mit is deposited with the finance depanment. All construction within ciry public ways or ease-
The fees shall be based upon the city's average ments shall comply with the city's streeistandards
administraiive and inspection labor costs as of the as established in Chapter 12.04 ACC. (Ord. 5042§
passage of the ordinance codified in this chapter. 1 (Exh, C), 1998.)
TFie finance director will issue the annual adjust-
ment to the abo�e rates effee�ive Janua.ry lst of 12.24.080 Decision-Permit term.
each calendar year based upon the cosi of living After submission of all plans and documents
increase for ihe Seattle-E�erett area. The annual required of the applicant and payment of the permit.
adjustment will be rounded to the neares� dollaz fees required by this chapter,'the city will deter-
amount for ease of accoumine. The fees are based mine whether the applications, plans and docu-
upon �he length of excavation and/or overhead ments comply with all requirements of this chapter.
work involved as follows: Once all city requirements are met the city shall
72-12.1 (Re�seo 11�02)
1 '
12.?AA90
issue a permit authorizing construction of the facil- sFiall be provided access to the work and such fur- ,
ities.subject to such funher conditions.resvictions ther intormation as may be required to ensure com-
or regulations affecting the schedule. place and pliance. (Ord..5042 § ] (Exh. C), 1998.)
manner of pedorming the work as may be neces-
sary or appropriate in ihe interest of public safety 12.24.110 Display of permit
or weltare.The permit io be issued by ihe ciq�engi- The perminee shall maintain a copy of the con-_ �
neershall be ��alid onl�� for the time designaied on struction permit and approved plans at the con- �
the permit. The citv engineer shall desicnaie the struction site. ��hich �hall be displayed and' made
leneth of iime �hat ihe permit shall be valid si in� a�ailable for inspeciion b� �he ci�v inspenor ai all
time the permit is issued. The cit�� engineer shall times when conswciion ti-ork is occurring. (Ord.
exercise his/her discretion and shall have �he sole 5042 § 1 (Exh. C). 1998.)
power to decide whether or not a permit shall be
issued at that time, providing that the decision of 12.24.120 Survey of undergrbund facilitics.
the city engineer may be changed 6y the city coun- ]f the construction permit specifies the location
cil upon the review of the merits of a complaint of of facilities by depth, line, grade, proximity to
any person being denied such a permit. (Ord. 5042' other facilities or other standard, the perminee .
§ 1 (Exh. C), ]998J shall cause the location ofsuch facilities to be ver- . •
ified by a state-registered land surveyor. The per-
12.24.090 Contest of city engineer's decision. minee may be required to relocate any facilities
Any person aggrieved by the'graming or deny- which are.not located in compliance with permit
ing of a conswction permit pursuant to this chap- requiremenfs at perminee's expense. (Ord. 5042 §
ter shall have the rig6t of review by ihe p.u6lic 1 (Eah.C). 1998.)
works director as follows:
A. All complaints filed pursuant to this section 12.TA.130 Noncomplying work.
must be filed in w�ting with the public works Upon order of the city engineer, all work which
director within 10 working days of the da}e of the dces not comply with the permit, the approved
decision being contested; plans and specifications for the work, or the city's
B. All complaints filed pursuant to this section standards and requirements as established in Chap
shall specify ihe error of law or fart, or new evi- ter 12.04 ACC shall be remedied to comply with
dence wliich could not have been reasonably avail- standards or removed at permittee's expense.(Ord.
able at the time of the city engineer's decision. 5042 § 1 (Exh. C). 1998.)
which shall constitute the basis of the complaiot:
C. Upon receipt of a timely written notice of 12.24.140 Record drawings.
complain}. the public works director shall review Within 60 days afier completion of constrnction
the materials submitted and deterinine whether to or in accordance with a separate agreemenf with
uphold or modify the city engineer's decision. ]f in the ciry engineer, the permittee shall fumish the
thc public works director's judgment,the city engi- city with a compucer disc with record drawings in
neer's decision should be amended in .favor of Aotocadd drawing file format and a complete sei of
resolving the complaint, he or she shall so direct plans, drawn to scale and certified to the city as
the same.]f the director upholds the city engineer's accurately depicting the horizontal and vertical
decision, he or she shall prepare a written staH location and configuration of all facilities con-
paper detailing the rationale of the city engineer's struc[ed pursuant to the permit. The city engineer
decision and findings of fact for conduct of a hear- shall have the discretion to prescribe the format
ing bytfie hearing examiner: and/or media of said recbrd drawings, consistent
D. 7'he public works director shall schedule the with city codes and policies. (Ord. 5042 § 1 (Exh.
hearing before the hearing examiner in accordance C). 1998.)
w•ith ACC 1.25.090 and Chapter 18.66 ACC and
notify the contesting pany of the scheduled hearing 12.24.150 Restoration after construclion.
in accordance with ACC 18.70.040. (Ord. 5677 § Upon completion of any construction, mainte-
4. 3002: Ord. 5042 § 1 (Ezh. C). 1998.) nance. or repair work. the pemiittee shall prortiptly
repair any and all public and private property
12.24.100 Compliance Nith permit. impro�ements. landscaping, fiztures, structures,
All construction practices and acti�•i�ies shall be and facilities in the public or other ways or other-
in accordance wi�h the permit and approved final wise damaged during the course of construction. .
plans and specifica�ions (orYhe (�rilities. The ciry restoring the same as nearly as practicable to its
(Revisetl 77IO2) 72•1?•Z
Auburn City Code ' 1�'�
condiuon before the start of copswcuon. All sur- 12.?A.200 Responsibililies ot the owner.
vey monumenu disturbed or displaced shall be ref- The own6r of the facilides to be construoted and.
erenced and replaced as required by Chaptu 332- if different, the gantte, franchisee, or ]essea is
120 WAC and the Auburn benchmark system sec- responsible for performaneb of and compliance
ond ordu, first class specifications. 7'he referenc- with al1 provisions of thie chapta. (Ord. 5042 § l
ing and replacement of survey monuments sha11 be (Exh.C), 1998J
performed by a licensed land surveyor.. All vees, — - -
landscaPine and erounds remo��ed, damaged or
di�mrhed as a iesuh of the cnnstruction, ins�alla-
uon. ma�nienance. �epair, or replacement per-
formed by il�e periniuee shall be replaced or
restored, as nearly az may be piacticable, to the
condiuon exisung prior to performance of work.
'fhe city engineea or his designee shall have final
approval of i}ie completeness of all restoration
work. (Ord. 5042 § ] (Exh. C), 1998.)
12:24.160 Staodards for conslroction.
7'he terms under which the construction and/or
the repair thereof aze to be made by the permittbe
shall bes[ated and printed on the pernv{. The aty -
will inspect the conswction site before and afis
the conswcrion w assure the permittee,has com-.
pletely repaired the azea to the satisfaction of the
city. Any person or pusons who fail to comply
with the city's permit by not compleung repairs
thereof in acwrdance with the requirements of the
city shall not be graqted any furlher permiis
requested in futti�e applicauons until s�ch Ume as
the cost of the proper repair or conswction has
becn fully paid for by the perminee. (Ord,5042 § 1
, (Exh. C). 1998.)
12:24.170 Permittee's liability.
Any person iegulated under this chaptes shall be
liable to the ciry for all losses or damages claimed
by any persons as a result of the negligence or fail-
ure of the person securing a peami}to iake all nec-
essary precautions to pTOtect the poblic and the ary
in the performance of any conswction activities.
(Qrd..5042 § 1 (Exh. C). 1998.)
12:24.180 Release of conslrudion surety.
Upon completion of work and associaud resto-
rauon work and payment of all fees to the satisfaz-
tion of the city engineer or his/her designee, the
performance bond will be released. (Ord. 5042 § 1 _
(Exh.C), 1998.)
12:24.190 Violation—Penalty.
Any violapon of this chapta shall be enforeed
pursuant to the provisions of Chapter ].25 ACC.
(Ord. 5042 § 1 (Exh. C), 1998 J
, ]Z�]2,3 (Revised 9/98)
1
; This page left intentionalfy blank.
,
(Revised 958) �Z'�Z•4
Auburn City" Code 12.28.050
Chapter 12.25 under authority of this chapta, shall upon convic-
tion be punished as piovided in ACC 1:24.010:
BARRICADES� Each day any person or organi�adon conRnues to
violate or fails to comply with the provisions of this
Sections: chapter s6a11 be deemed a separate offense. (1957
]2.28.010 Shon title. code § 8.11.050.) _
12;28.020 Requirement.
12.28.030 Siandards.
12.25.040 Placement.
12.28.050 Viola�ion- Penal�y.
• 12.28.O10 Short title.
The ordinance codiTied in this chapter shall be
known as the "bazricading ordinance." Q957 code
§ 8.11.OIOJ
12.28.020 RequiremenL
No person or persons, corporations, firms,part-
nerships; go4emmental ag"encies or any organirs-
tion of any kind shall make any exca"vation of any
kind, or per(orm any type of work or conswction
within any street or alley right-of-way in.the city,
without providing adequate traffic-control and/or
barricading devices as reguired by the safety stan-
dards specifed.(1957 code § 8.11.020,)
12.28.030 Standards.
All such work sites shal] use vaffi¢-convol
devices and/or barricades as set out in �Chaptw
12.04 ACC and Part Vl of the`'Manual on Unitorro
Traftio-Convol Devices for Sveeu and HigL-
ways," as prepared 6y)he Na}ional loint Commit-
tee on Uniform Traffo-Control Devices, latest
edition and amendments thereto. (Ord. 2977 § 1,
1976; 1957 code § 8.11.030.)
12.28.040 PlacemenL
_ - --
The engineering department, or iu au}hori�ed
agenu, shall have the authoriry to reguire the plac-
ing of tra�o-conVOl devices znd/or barricades, as __
set out in ACC 12.28.030,in and azound any work
or conswction sites within the ciry. (1957 code ¢
8.11.040.)
12:28.050 Violation-Penalty.
Anyone, including any organizauon, who vio-
lates or fails to comply with any of the provisions .
of this chapter, or wFio fails ro corriply with the
directives of the engineering department relative to
placing tra�c-control de.vices and/or bamcades,
1.For stam�ory proyisions auihorivng cities�o adopt codes by
reference,see RCW 33.21.180;for similer provisions penain• � �
ing to code cities,see RCW 35A.12.140. ' ,
12-13
12.32.010
Chapter 12.32 it such is done with the least possible obstniction to
the free use of such sidewalks by pedeshians;pro,
SIDEVVALK OBSTRUCTIONS� vided, funher,that the ciry council may by resolu-
tion allow cenain designated petsons, firms or
Sections: corporations to utilize tfie publiasidewalks of the
1232.010 Sidewalk use restriction. city for additional purposes for specified pe:riods of '
1232.020 Prohibitions. iime,pursuant to a franchise or permit,affer review
]2.32.030 Pro}iibi�ion eaempiions. and recommendation thereon by the public works
1232.040 Building code provisfons apply. depanmen� and after approval thereof by a major-
1232.050 Violation— Penalty. ity of the ciiy council; provided funher, that such
use will not substantially intedere with the use of
12.32.010 SideN�alk use restriction. such sidewalk by pedestrians. (1957 code §
All sidewalks in the public sveets, alleys and 8.18.030.)
places in the city, for the full width thereof, are
exclusively for the use of pedestrians, and shall be 1232.040 .Building code provisions apply.
used for no other purpose whatsoever except, as ' This chapter is sdbject to ihe provisions of Part
hereinafier provided and except for the use of bicy- IX, Sutions 4401 tHrough 4406 of the Unifortn
cles. (Ord, 2983 § l, 1976; 1957 code § 8.18.0]0.) Building Code, 1973 Edition,pertaining to regula-
tions for use of public sVeets antl projections over
72.32.020 Prohi6itions. , � public property, and more particularly pertaining
It is unlawful for any person, firm or corpora- to protection of pedesvians during conswction or
tion, or for any agent, representative, servant or demoliuon. It is the intent of the ciry council in
employee thereof, to deposit, place, erect or main- passing the ordinance codified in this sution that
tairi, or cause to be deposited, placed, erected or the latter portions of the 1973 Edition of the Uni-
maintained,upon any sidewalk loeated in any pub- form Building Code shall prevail in ca5e of any
lic sveet,alley or place of the city,or upon any por- contlict with the provisions of this chapter. (Ord.
_ tion of such sidewalk,any 6ench,chair,rack,stand, 29&4 § 1, 1976; 1957 code § 8.18.050.)
structure,sign,merchandise or other object,except �
as approved by the sveet committee, or to place; 12.32.050 Violation—Penalty.
erect or maintain,or cause to be placed, erecied or Any violation of this chapter shall be enfarced
maintained, over sbch sidewalk, or over any por- pursuant to the provisions of Chapter 1.25 ACG. :
tion of such sidewalk, any structure, sign or other (Ord.4502 § S, 1991; 1957 code § 8.18.040.)
object at such height or in such manner as to pre-
vent or intedere with the free and unobswcted use .
of all of such sidewalk by pedestrians. (]957 code
§ 8.1.8.020.)
12.32.030 Prohibition exemptions.
The provisions of this chapter shall not prohibit
the placing or maintaining of signs, notices or
orders of the ciry council or the police department
of the ciry, or the placing and maintaining of flags
of the United States of America or the sta�e, or the
placing and maintaining of ornamental vee plant-
ers on sidewalks near the curb by or under the
d'uection of the chief of police or the ciry council,
nor shall the provisions of this chapter pro}iibit the
expeditious moving of freight and merchandise in
ihe loading or unloading thereof,across sidewalks,
. 1. Por stamtory provisions iothoriting third•class ciuu to
manage end conwl sidewalks and to remove obswetions �
�herelrom, see RCW 35.24_290(3): for provisions granting a
code ciry all powers ot any eiry of any clasa, see RCW ,
35A.21.160.
12-14
Auburn City Code 1236.070
Chapier 12.36 planting is accomplished in accordance with a
comprehensive street tree planting program
STREET TREES� approved by �he ciry for the subject street. Poplar,
willow, American elm or cottonwood trees planted
Sections: anywhere in ihe city must be placed at least 100
12.36.010 Shon tiile. - (eet �way from-public sawers.-(1957 code §
I?.36.0?0 Enforcement officer- 8.15.050.)
I?.?6,0�0 Planiin� qi mmm�l - Permi>�ion
required. 1?.36A�0 �ui�ances- Designaled.
12.36.0�0 Prohfbfied irees. Trees. shrubs or �•eeetation or parts thereof '
12.36.050 Nuisances - Designaied. which so o�erhang any sidewalk or street or which
12.36.060 Nuisances - Abatement- Required. are growing thereon in such manner u io obswct
1236.070 Nuisances- Abatement - Notice. or impair the free and full use of the sidewalk or
• 12:36.080 Nuisances - Abatement - By ciry - street by the public are public nuisances. Grass.
Costs recovery. weeds. shrubs,bushes,trees or vegetation growing
]2.36.090 Abuse or muti lation of trees prohibiied. or which has grown and died upon any property .
12:36.100 Violation- Penalty. and which is a fire hazard or a menace to publir '
• 1236.110 Re,medies not exclusive. health, safety or wel(are are likewise public nui-
sances. It is the duty of the owner of the property
12.36.010 Short title. wherein or whereon any such nuisances exist to
The ordinance codified in ihis chap�er shall be abate the nuisances by destroying, removing or
referred to and ci�ed as thesiree� tree ordinance of trimming the groweh. (1957 code § 8.15.040.)
Auburn. (1957 code § 8.15.010.)
12.36.060 Nuisances-;46atement- Required.
12.36.020 Enforcement officer. The city engineer shall enforce this chapter, and
The ciry engineer o� his duly authorized repre- if any property owner fails or refuses to abate any
sentative shall be charged with the enforcement of such nuisance as contemplated by,ACC 12:36.050;
this chapter. (1957 code § 8.15.020.) � the ciry council may, after repon filed by the ciry
engineer, by resolution require' such prope_rty
12.36.030 Planting or removal- Permission owner, in addition or alternative to the penalties
required. prescribed by ACC 12.36.100, to abate the nui-
No trees or shrubs shall be planted in or sance by removal or destruction, at his 'cost and
removed (rom any public paiking strip or other expense, within a time specified in the resolution;
public place in the city wi�hoot permission from and if the removal or destrucuon is not made by
the ciry engineer. Plantings for which permission such owner within the time specified,the ciry engi-
has been granted shall be in accordance with the neer may abate the same as provided in ACC
ci[y of Auburn design and construction standards. 12.36.080. (1957 code § 8.15.060:)
(Ord. 5145 § 1, 1998; 1957 code § 8.15.030.)
12.36.070 Nuisances-Atiatement-NoUce.
12.36.040 Prohibited trees. The resolu)ion mentioned in ACC 1236.060
It is unlawful to plant in any public parking strip shall not be passed until the property owner is
the following trees: Poplar, willow, r,ottonwood, given at least five days' notice of the pendency of
fruit trees (except ornamental rypes), nut trees,ail- the proposed resolution..Such notice shall be given
anihus, mouniain ash and Oregon or big-leaf by the ciry engineer's mailing a copy of the notice
maple, or any other tree the roots of wMich cause ro the owner as shown upon the records of the
injury to the sewers, sidewalks or pavements, or counry treasurer and at the address shown thereon:
which breed disease dangerous to other trees or to and if no owner and address is shown on such
the public health. No tree shall be planied within records, a copy of the notice shall be posted upon
two (eet of any sidewalk or pavement unless the the propeny, and shall also be publisfied in one
issue of the offcial newspaper. The mailing, post-
ing and publication shall be made at least five days
1. For s�atwory provisions authoriling ciiies io require by before the resolution is adopted and proof shall be
ordinance ihe removal o( veee�auon whith o�erh"angs or made by �ffidavit of the ci[y e�ginee�filed with lhe
obstrucis sveeis or sidewalks, or which consiitwes a hazard..
see RCW 35.?1.310: fo. provisions gramine a rode city all ���Y derk. The notice shall include the resolution
� powers ol'any rity of any class.see RCW 35A.?1.160.
I Z•1� (Revisetl 7/99)
t2.36.080
number and both shall describe ihe propeny Chapter 12.40
involved and the,namre of ihe hazardous condition
constituting the nuisance. (1957 code 9 8.15.070.) SNOW REMOVAL FROM SIDEWALKS
12.36.080 Nuisances— Abatement — Bv citv — Sections:
Costs reco�en•. 12.�0,010 Repuirement. '
If �he nui�ance ic noi abaied b�� removal or
des�ruciion b�- ihe propenv e�+ner �+iihin ihe time 12.a0.010 Requiremem. '
fiaed in ihe re�olwion. �hr ciiv eneineer ina� �naie E�en per�on o.cup.fno orcomrolline any lot or
ihe same and he shall render a bill co.enng ihz cos� lots wiihin ihe ciry limits shall remove, within 2�
of such abatement, including the eneineer s hours. all ice and snow from sidewalks abutting on
expense, and mail the bill to the propeny ownei. If such lot or lots, and any violation of this chapter
the propeny owner (ails or refuses to pay �he bill shall be enforced in accordance with Chapter 1.23
immediately, or i( no bill is rendered because tie ACC. (Ord. 4502 § 7, 1991; Ord. 2982 § I, 1976.)
cannor be (ound. the ciiy engineer. in the name of
ihe ciry, may file a lien cherefor againsi the prop-
erty, which lien shall be in the same (orm, filed
with the same officer 2nd within the same time and
manner and enforced and foreclosed as is provided
by law for liens for labo�and.material. (1959 code
§ 8.15.090.)
12.36.090 Abuse ormutilation of trees
prohibiled.
Except to abate a nuisance as defined in this
chap'ter, it is a 4iolation of this chapter to damage,
desiroy or mutilate any iree, shrub or plaot in a
public parkings[rip or any other public place, or to
attach or place any rope or wire (other than bne �
used to support a young or broken tree), sign,
poster, handbill or other thing to or on any tree -
growing in a public place, or to cause or to pertnit
any wire chai@ed wiih electricity ro come in con-
tact with any such iree, or to allow any gaseous.
liquid or solid substance which is harmful to such
[rees ro come in contact with thei� roots or leaves:
provided, however, chat nothing contained in this
section shall preclude either the owner or occupant
of real property from trimming or removing trees,
shrbbs and plants in the parking strip of such real
propeny. (1957 code § 8.15.080.)
�T
1236.100 Violation—Penalty. . , ,
Any violation of thi3 chaptershall be enforced
pursuant to the provisions of Chapter 1.25 ACC.
(Ord. 4502 § 6, 1991: 1957 code § 8.I S.lOOJ
12.36.110 Remedies not exclusive.
The remedies prescribed in this chapter are in
addition ro all other remedies pro4ided oi autho-
rized by law. (1957 code § 8.15.120.)
�Rev+setl 7/99) 12-16
,
Auburn City Code (2.48.020
Chapter 12.44 Chapter 12.48
WATER ON SIDE�NALKS� STREET VACATIONSZ
,......
Sectionc: Sections:
12A-1.010 Defini�ion�. 12.48.010 Owner of an intarest in real estate �
_.. .
13.aa.020 ��'ssh �±a�zr prohibitions. defined.
I?.a�.0.+0 Siorm ��',ner prahihiiion>, I7.?S-OIS lniii�tion o( �at�iion process.
13.Ja.0-10 Violaiion - P�n�ln. I?.�5.0?0 Peti�ion - Sisnamresufficiencv
deierminations.
12A4.010 Definitions. 12.48.030 Petition- Authorized.
. _ - .
. As used in this chapter: 12.48.040 Peti�ion- Subrimission- F.iling (ee.
A. `'Public sidewalk" is any sidewalk con- 12.48.050 Petition- Investigation -
structed on a stree� righi-of-way. Recommendations.
B. "Siortn waier" is considered �he waier from 12.48.060 Peiition- Notice of recommendations
. --
rain, melting snow, etc. to pe}i)ioner.
-C. "Wash waier" is considered the liquid waste 12.48.070 Hearing- Required-Notice.
from the washing o( cars�equipmen�, dothing or 12.48.080 Hearing-Procedure-Vacation
any other item. (1957 code § 8.?0.010.) ordinance.
• 12.48.090 Peti�ion denial or abandonment.
12:44.020 Wash wat -
er,prohibitions.
lt is unlaw(ul for any person operating a com- 12.48.010 Owner of,an interest in real estate
mercial washing facility to perriiit wash water to defined.
run onto or across any publicsidewalk. Any esiab- "Owner o(an inierest in real esiate" means and
, lishment existing at the time the ordinance codified includes the owner of fee tide, mongages and con-
in this chapter is adopted which permits wash tract vendees. (Ord. 5212§ 1 (Exh. G), 1999; 1957
warer to run onto or across any public sidewalk code § 8:24.OIOJ
which is or liereafter is conswcted isn5isance,and
the ciry engineer is direcied �o serve notice �o the 13.48.015 Initiation of vacalion�process.
person to correct the condition ivithin six months 'fo initiate the street vacation process,the owner
or the city engineer shall cause a complaint against shall sbbmit a let[er to the ciry eogineer requesting
the person to be filed in police coun.Each week the to vacate a sTreet or alley that abuts his/her prop=
' condition continues to exist after the ezpiration of erty. Said letter shall clearly define the limits of the:
the six-mon[h time limit shall be deemed a separate proposed vacation. Upon receipt of the Pequest,the
violation of this chapter. (1957 code § 8:20.020.) city engineer shall forward a petitioq form and let- ,
ter of instruction to the owner,(Ord.5212§ 1 (Exh.
12,44.030 Storm w•aterprohibitions: G), 1999.)
It is unlawfol for any person constnicting any
paved loi such as a parking lot, used car lot or sim- 12.48.020 Petition-Signature sufficiency
ilar paved area larger than 400 square(eet io pertnit determinations:
srortn water from tfie lot to drain across or on�o any For the purpose of detertnining sufficiencies of
public sidewalk. (1957 code § 8.20.039) signatures of owners of private property on a peti-
- . tion or consent to vacare, the following rules shall
12.44.040 Violation- Penalty. govern:
Any violation o( this chapter shall be enforced A. �'here the owners of private property abut-
pursuant to the pro�isions of Chapter 1:25 ACC. ting the street or alley or ponion thereof proposed
(Ord. 4502 § 8, 1991: 1957 code § 8.?0.040:) �o be vacated are husband and wife, the signature.
of either spouse, without the,signature of the other,
will be sufficient.
I. For sia�uiory provisions auihorizing ihird-class ci�ies �o
manage and conirol sidewalks. see RCW 35.?a:.9013): for ?. For siaw�ory pm�isions on sueet vacaiion. see Ch. 35J9
pro�isions granting a rode ci�y all powers of any ci�y of any RCW: for provisions apptying Ch.3579 RCW�o code ti�ies.
class.see RCW JSA:IIJ60. � see RCW 35A.47.020.
1 Z-1� (Rev�setl 7/99)
12A8.030
B. In case of mon�aged propeny. ihe signaiure 12.48.060 Petition -Notice of
o(che mongagor shall be sufficient. recommendations to petitionea
C. In the case of propeny subject �o a contract Immediately upon the completion of its investi-
of purchase. the signamres o( boih the comract @ation, the public works department shall complete
vendors and �endees shall be required. a siaf(report.A copy of ihe staff report shall be for-
D. In tfie case of ownzrship by a corporaiion. warded io the pe�itioner, along with a letter regard= - '
ihe >ignacure of am- officer auihonzed bv ihe ing any addiiional cosis. changts made. or
b�lawc orresoluiion< ef ihe h��rd nf direcinn -hall :ondiiionc atiached �s rernmmended by the citv in
be :u(ficiem �vhen e�fdenced b� �n e�crrpi of vid re�pect io ihe �ac�uon in que>tion, and �he zsli-
6ylaws or said re�olution.cenified b� the secretarv mated schedule for ihe public hearing. (Ord. 5312
of the corporation, granting such authonry. § I (Exh. G), 1999; 1957 code § 834.060.)
E. in the case of propeny owned by ihe esiate of
a decedent or incompetern, the signature of the ]2A8.070 Hearing- Required -Notice.
• duly qualified administra[or, execu�or or guardian Upon receipt o( the petition from the public
shall be equivalent �o th_e signawre of ihe owner of works depanment, or otherwise upon completion '
. the property. (Ord. 5212 § I (Exh. G). 1999: Ord. of the preliminary processing of the petition, the , .
2985 § I, 1976: 1957 code § 8.24.020.) city council shall pass a resolution calling for a
• public hearing to consider the proposed vacation,
12.48.030 Petition -Authorized. which hearing shall be not more than 60 days nor
The owners of an,imerest in any real es�aie abut- less than 20 days a(ter the date of passage of such
ting upon any street or alley ma'y petiiion ihe ciry resolution.The ciry clerk shall give 20 days' notice
council to vacate the street or alley or any ponion of the pendency of the petition by written notice
thereof in the manner provided in this chaptec 'fhe posted in tFiree of the most public places in the city,
petition shall describe the street or alley or ponion and a like notice in a conspicuous place on the
[hereof desired to be vacated,�and shall be signed street or alley sought to be 4acated. The notice
by owners of more than two-thirds of the privare shall contain astatement that a petition has been
property abutting the pan of the streer or alley filed to vacate the sireet or alley described in the
sought to be vacated. (Ord: 5212 § I (Exh, iG), notice, toge[her with a statement of the Nme and
1999; 1957 code § 8:24.030.) place fixed for the hearing thereon.
In all cases where the proceeding is initiated by
12.48.040 Petition-Submission-Filing fee. resolbtion of the ciry without a petitiom having
The petitioners shall submit the compleied peti- been signed by the owners of more than two-thirds
tion, all documents as set fonh in the lener. of of the property abuiting upon the part of the.sveet
instruction,and an application fee of$250.00 to the or alley south to be vacated, in addition to ,the
ciry engineer. The ciry, upon reczigt of the filing notice hereinabove required, there shall tie given
fee, shall endorse upon tFie petition a receipt of by mail at least 15 days before the date fixed for the
payment of the filing fee and in addition fumish w hearing, a similar notice to the owners or reputed
ihe owner a separate wriuen receipt showing the owners of all lots,tracts,or parcels of land or other
payment;(Ord.5212 § I (Exh.G), 1999; 1957 code propeny abutting upon any streel or alley or any
§ g 'iq.pqp.) pari thereof sought to be vacated,as shown on ihe
rolls of the county treasurer,directed to the address
]2.48.050 Petition-Inves)igation- -T thereon shown. lf 50 percent of abucting property
Recommendations. • - � owners file wriuen objection to the proposed vaca-
Upon the receipt of each petition (or processing tion with the clerk prior[o[he time of hearing, the
as provided in ACC 12.48.040, ihe public works city shall be prohibi�ed from proceeding with the
department shall verify the adequacy of ihe peti- resolution. (Ord. 5212 § I (Exh. G), 1999; 1957
tion,route the peti�ion to city departmen}s and fran- code § 8.24.070.)
chise utility companies for their comments, and
make such funher im�estigation as may be neces- 12.48.080 Hearing-Procedo�e-Vacation
sary. The public works depanment shall thereafter ordinance.
forward iis recommendations on the proposed . At the time appointed for the hearing of the peti-
vacation wgether with a st�tement of its excess tion, or at such time as the hearing may be
depanmental processing costs, if any, to the ci.ty adjoumed to by the ci)y council, the same sliall be
clerk for fling. (Ord. 5212 § 1 (Exh. G). 1999; heard, and if the council deiertnines to grant the
1957 code § 8.24.050.) petition, or any part chereof, the council shall
(Revisetl 7/99) 12-�g �
Auburn Ciry" Code 12.48.090
authorize by ordinance the vncaiion of such street after the council hearing, such no)ifcation shall,be.
or alley, or any ponion thereo(. Such ordinance given 6y ifie city clerk. (Ord. 5212 § 1 (Exh. G),
may pro�ide (or the,retention by ihe ciry of all ease- 1999:.1957 cod'e § 8?4.090.) .
ments or rights in respect to ihe vacaied land for the
conswction,repair and maimenance o(public util-
- ities and services: .provided. ihat the city council ;
may, i( no �esied nehis are impafred. modify.
chan�e. omii or �dd prmi�ion� er siipul�ifen� as �
coodition to ihe aran'une oi.p�iifi��n� foi �ro�qiion>.
When the citv cauncil deem: ii io ihe bzsi interest
of the ciry; it may require paymem to compensaie
the city(or staff time speni in excess of the 5250.00
filing fee orit may autHorize refund of any pan o(
the$250.00 filing fee and may waive all or any pan
of the additional cosis and expenses pro�ided for in
this.chapter in respect to any vacation: pro�ided, ,
— -that all conditions with respect io such vacaiion . '
stiall 6e fulf Il�ed as determined by ihe city auomey
prior ro the time of the introduction of an ordinance
vacating a street or alley orponion thereof. Upon
final passage of a street or alley vacatioo or"di-
nance, copies shall be distributed by the city clerk
to all city departments having an interest in the
ordinance. Said ordinance shall not become effec-
tive until the owners ot propeny abutting upon the
sveet or alley, oi pafl ihereof so vacated, shall
compensate the city in an amount which does not .
, ' exceed one-half the appraised valoe of the area so
vacated,except in [he event the.subject.property or
portions thereof were acquired at public expense, �
compepsation may'be required in an amount equal
to the fnll appraised value of the vacation. Said '
appraisal to be based upon the latest counry asses-
sor:s.assessed land values for real estate taz pur-
poses (or the abutting propeny of the vacaied street
or alley. (Ord. 5212 § 1 (Exh. G), ]999; Ord. 3617
§2. 1981.)
12.48.090 Petition denial or abandonment.
]n the event that the city council; at the conclu-
sion of the public hearing theieon, denies the
requested vacation, or tfiat such vacativn,proceed-
ings should be abandoned by the petitioner, .the
petitioner shall be relieved from the obligation to
fulfill conditions with resput thereto and to pay _
any costs or expenses of investigation of.such peti-
tion to�aca�e,save and ezcep�the f ling fee paid by
the pe�i�ioner as provided in ACC 12.48.040,
which shall be retained in all events by the ciry,
exc"ept as pro4ided in ACC 12.48.080. The public
works department shall notify the interested ciry
departments if a vacation proceeding is abandoned
by the petitioner prior to the city council hearine on
the petition. If a vacation.petition is disapproved by
the city council or abandoned by the petitioner
]j-]9 (Revisetl 7/99)
12.52.010 1'
Chapter 1252 boundary line ofquadrant "S.W."as designated in
�CC 12.52.010. (1957 code § 8.06.010.)
STREET NA�1ES�
12.52.030 Northeast quadrant south boundary
Sections: -Southeast quadrant north
12.52.010 Comprehensive cv.iem �dopied. boundary.
12.52.020 Nonhwest quadran� .omh boundarv - .All ihose ponions of those crnain s�reets in the �
Souihwe>i qu�dr�m nonh beundarv. cfiv hereio(ore known as `'Firct Sveet" and "Eps�
I?.i?.OiO �'onhe;��i au�.ir:,ni >nuih hound�n - Firsi Street e�iendin� ea..ierl� (rom ihe common
Southe�si quadrani nonh boundan. point or "Bank Comer` shall be here�fier known
12.5?.040 Nonheasi quadrant wect boundary - and designated as "Main Street East" and shall
Nonhwest quadran� east boundary. constitute the south boundary line of quadrant
12.52.050 Sou�hwesi quadrant east boundary - ';�I.E." as designated in ACC 12.52.010 and (he '
Sou[heast quadrant wes� boundary. nonh boundary line of quadrant "S.Ei" as desig-
12.52.060 Easterly and wescerly numbered nated in ACC 12.52.010..(1957 code § 8.06.010.)
streets.
12.52.070 Nonherlyandsoutherlylettered 12.52.040 Northeastquadrantwestboundary- . . •
streets. NorthN�est quadrant east boundary.
12.52,080 Auburn Avenue designated. All tFia} ponion of that cenain street in the city
12.52.090 Sereet extension pian. hereiofore known as "Cedar Street" eztending
� nonherly from the common point or "Bank Cor-
12.52.010 Comprehensive sysiem adopted. ner;' and.all future exiensions thereof to the north
There is adopted a comprehensive and sysiem- (if any),shall be hereafrer known and designated as
a[ic plan of naming and designating all streets here- "Division Street Nonh''and,toge�her with the cen-
tofore platted, laid off or escablished in tFie city, or terline thereof extended noriherly jrom the present
ro be hereafier plaued,dedicated, laid off or estab- nonh end thereof to the city limits, shall constiiure
lished in the city, in such manner that the name of the west boundary lirie of quadrant "N.E." as des-
each street, as so designated, shall indicate theirel- ignated in ACC 12.52.010 and the east boundary
ative location chereof in the ciry. To tha� end the line of quadrant "N.W." as designated 4n ACC
city is divided into four pans or quadrants. Said 12.52.010. (1957 code § 8.06.010.)
parts or quadrants shall be hereafter known and
designatedas "N.E.;"'N.W.;"'S.W." and "S.E;" 12.52.050 Southwestquadranteastboundary-
respectively. The common or initial point. Gom Southeast quadrant west boundary.
which all oLsaidstreets are to be named and desig- All that portion of that certain street in �he ciry
nated, is fixed at the center of.the intersection of heretofore known as "Cedar StreeP' extending
First Street with Cedar Street (as said streets have southerly from the common point or "Bank Coi-
tiereto(ore been known), commonly known as the ner" shall be hereafter known and designated as
`'Bank Comer." (1957 code § 8.06.010.) "Division Streei Somh"and,together with the cen-
terline thereof extended souihedy from the present
12:52.020 Northwest quadran)sou}h boundary south end thereof to the ci[y limits,shall constitute
-Sabtfiwest quadrant north the east boundary line of quadrant"S.W."as desig-
boundary. nated in ACC 12.52.010 and the west boundary
All those ponions of those cenain streets inihe line of quadrant "S.E." as designated in ACC
city heretofore known as `'First Street" and "West " 12.52.010. (1957 code § 8.06.010.)
First Street"extending wesierly from the common
point or "Bank Comer" shall be hereafter known 12.52.060 Easterly and westerly numbered
and designated as "Main Street West" and shall streets.
fortn the souch boundary line of quadrant "N.W." All streets eztending in an easterly and westerly
as designated in ACC 12.52.010 and the nonh direction (except ''Main Street WesP' and "Main
Street East")shall be hereafter designated by num-
bers, wi�h the addition of the proper suffix."N.E.:'
"N:W.;"'S.W." or"S.E:' as the case may requirr.
I. For stawiory pro�isions auiho;zing ci�ia w regulam the �o indicate the quadrant of lhe city in which Such
naming ol's�reets.see RCW 58.17._80:for provisions granting -
a code ci�y au powers oi any ci�y of any c�ass. see RCw street may be si[uate, as "First Street N.E.;"'First
35n.2i.I60. Street N.W.:' "First Street S.W.;' "First Street
(fievise0 7/99) 12-20
Auburn City Code 1252.090
S.E:,"etc.. �nd.except as hereinaf�er specially pro-
vided, such designation by numbers shall be con-
secutivzly made from "Main Sireet West" �nd
"Main Street East.° said two last•named streets •
being (or thai purpose to be comidered in every
insiance as "zero 10)." (1957 code § 8.06.010.) �
I?.�2.070 �onherh and snutlierh' lenered
ctreeis.
All sireets eatendine in a nonhzrlv and �outh-
erly direction (excepi `'Di�ision Sireet Nonh" and
"Division Street South") shall be hereafter desig-
nated by let}ers,with the addition of the proper suf-
fix. "N.E.," "N.W.:"'S.W" or "S.E,;' as the case
may require, to indicate the quadran� of the ciry in
which such street may be simaie, as "A Street
N:E:r""A Stree� N.W.;"'A Street S.W.;"'A Stree[
S.E.."etc., and,except as hereinafter specially pro-
vided, such designation by leners shall be made
consecuti4ely (r,om "Division Street Nonh`' and
"Division Si�ee� South;7 ihe streets ninning paral-
lel with "Division Street Nonh" and "Di"vision •
Street South"and nearest thereio, on either side, to
be designated by the,lener "A" with the proper
qoadrant suffx, (1957�code § 8.06.010:)
1252.080 Auburo Avenue designated..
That certain street in the ciry, beginning at or �
near the southeast comer of the nonheast quaner of
Section 13, Township 21 Nonh of Range,4 East '
W,M;, and extending thence in a nonheasierly
direction to the north limits of the ciry, and desig-
• na(ed as "Nor[h Main Street" by Ordinance No.,
355 of the ordinances o(ihe city, being a diagonal
street and the principal s�reet now leading into th_e
ciry from the nonh, shall be herea(ter known and
designated as "Aubum Avenue" (1957 code §
8.06.OI OJ
12.52.090 Sireet extension plan.
In case any public street in the city, whe[her
pla(ied and dedicated as such or wh_eihe�conveyed
to and accepced by che ciry for public street_pur-
poses, has not been hereinbefore specifically
named, then and in chat case such omitted street is
given such name as will be in accord wiih the gen-
eral comprehensiye and systematic plan adopted in
this chapter. (1957 code § 8.06.030.)
12-20.1 (Rev�sed�r�s)
,
This page left intentionally blank.
-T
�flev+sed�iss1 12-20.2
Auburn Cih� Code' 13:56.0_';0
Chap�er 12.56 1"'.56:?60 Aircraft- Airspeeds.
1�56:270 Aircraft-Enplaoingordeplanin�on
?,IRPOR?� ron��ay -Restrictions.
1'_.56?$0 Aiicraft-Maintenance and repairs.
Seciions: ]2.�6.'_90 Aircraft -Restrictions on staning
1?.56A10 .Airpon supen�isor defined. eneines.
12.56.030 Use rules and iegulaiions-.adopied - 1256.300 Aircr�ft-Operation in hangars: '
Obedience required. 1?.56.310 .4ircraft-Mo�•ing.
1?.5G.030 Airpon Purpose- 12.56.=?0 .4ccidem repons.
12.�6.OaG Hours. 1_'.-�6.�?0 linauended aircraft - Securmg
12.�6.04� Airpon uedo�+n. hangar and siorage required.
' rental fees. 12.56.3Q0 Aircraft registration.
1?.�6.046 Automatic gate elecironic cards. 12.56.350 Privaiely owned aircraft parking. �
12.56.048 Regulations for airpon rental and use 12:56360 Transient aircrafi parking.
and collection of charees contained in 12:56:370 Parking only tenant-owned aircraft.
RC�'�' 1a.08.122 adopted-Copies filed 12.56380 Aircrafl storage hangars-Use
and authemicated. restrictions, ,
12.56.050 Special services and facilities. 12.56390 Airciaft storage hangars-Keeping
12.56.060 Commercial use-Lease.permit or doors closed.
license required. 12.56.400 Aircraft-Weight restrictions.
12.56.070 City's.nonliabilit4. 12.56.410 Aircraft storage hangars-Electrical
12.56.080 General resulations. outlet.use restrictions,
12.56.090 Ad��ertising restrictions. L.56.420 Flying cldb membership lists.
12.56.100 Airpon propeny-Damage or ]2.56.430 Aircraft.storage.hangazs- Spraying
alteration. flammable liquids prohibited.
12.56.110 Unauthorized area use. 12:56.440 Fire reeulations.
12.56.120 User's responsibilities. 12.56.450 Vehicular traffic and parking
12.56.130 Federal aircraft operaiion re�ulations regulations.
adopted. 12.56.460 Military-rype and experimental-type
12.56.140 Aircraft opermion regulations aircraft regulations.
compliancerequired. 12.56.4"IO Violation-Penalry.
1?.56.150 Flight operation suspension authorized
when. 12.56.010 Airport supervisor defined.
12:56.160 Aircrafi operation under the intluence "Airport supervisor' means the supervisor of
of liquor or drugs prohibited. the municipal airport.or his authorized representa-
1?.56.190 Aircraft-Wheelbrakesrequired-Tail tive. (1957code � 1.50.020.)
skiB profiibited.
13.56.180 Aircrzft-Taxiing restrictions. 12.56.020 Use rules and regulations-Adopted
12.56.190 Aircraft-Approach for takeoff. -Obedience required.
12.56.200 Aircraft=Posted vaffic pattern The rples and regqla[ions set obt in this chapter
con(ormance required. are established and adopted for the use of the
12.56?JO Aircrafi-Formation takeoff Auburn Municipal Airpon referred to in this chap-
prohi_bitions. teras the"airport"All persons using the airport or
12.56.220 Aircraft-Turnine after takeoff. any facilities thereon in any manner, including the
12.56?30 Aircraft-7'raffc pattems. ' operation of aircraft or'motor vehicles, shall obey
12:56.240 Aircraft-Entering or leaving traffic all applicable rules established or adopted. (1957
pattem. code § 1.50.020J
12.56?50 Aircrafl-Distance between in ilight.
12.56.030 Airport purpose,
The Aubum Municipal Airport shall be con-
1. For siamiory pro��isions on mun;cipal airpons..see Chs. ducted as a public air tertninal facility for the pro-
Ia.07 and 14.06 RCN': for pro��isions on code.ciq• municipal moli0ll �nd a[commOde[i011 of air commeree,
airpons. see RCW 35A.?4.010. For prorisions on thrairpon oeneral a4iation and recreational tlying. (1957
suprn•fsor.ser Ch.?.18 ACC:for provisions on�he munitipal ° - .
airpon advison� tward. see Ch. 2.+3 ACC for pro�•isions code § 1.50.030.)
regarding airpon zoning,see Ch. 18.35 ACC.
. ]2•21 � (Revisetl2ro3)
,
�zs6.oao
72.56.0�0 Hours. ]2.56.060 Commercial use—Lease,permit or
The airpon shall be open for public use during license required.
all reasonable hours of the da� and nisht.subject to No person sh=a11 use the airport as a base for the
such restriciions.due io inclement ti�ea�her. condi- cam•ing on of commercial. and business acti4ities.
�ion of the landing areas. presenta�ion of special for the cam•ing for hire of passengers. freieht.
events and like causes as mav be deiermined b�� the express or mail. for the instruction in aviation in
airpon supervisor. (19�7 code F 1.50.0�0.) am- of its branches. for the sale of aircrrfi. except ,
that an indi��idual aircraft o���ner mav. if he is leas-
• -
1?�6.045 Airport tiedo��n.han,•rr and siora�e in� accommodaiions ai ihe airpon. sell hic o�+•n air-
rental li�i�s. craft wch sale� bein, limiied io the sale of one
The monthly ra�es and char_es for ihz .�uburn airqaft per calendar year. for the sale of refiesh-
Municipal Airpon shall be as established in the city
of Aubum fee schedule.(Ord.5707 § 1.?002:Ord.
5694 § 1, 2002; Ord. 5500 $ 1. 2001: Ord. 5220
§ 1. 1999; Ord. �086 § l. 1998; Ord, 4650 � l.
]993.)
12.56.046 Autoroatic gate electronic cards. �
One automatic gate electronic card will be
issued to each tenant free of charge.Any additional
electroniccards requesied by a tenam a_re subject to
a fee or refundable deposit charge as established in
the city of Auburn feeschedule. A replacement fee
as established in the city of Aubum fee schedule
will be assessed against the tenant for all lost or
damaged elecvonic cards. All electronic cards
must be.retumed to the airpon at'the time of lease
expiration. (Ord..5715 §.10, 3002: Ord. 5369 § 3.
2000.) i ,'
12a6.048 Regulations for airport rental and
use and collection_of charges
contained in.RCW 14.08.122
adopted —Copies filed and
aul6enticated. '
RCW 14.08.122.is hereby adopted by reference.
iocluding all future amendments or additions
thereto, and under the provisions of RCW
35A.12J40. the section hereby codified sBall be
published as required by I•rw. but RCW 14.08.122
adopted by reference need not be published bu[
shall be authenticated and recorded with the
Aubum ciry derk, and noi less than one copy of � �
RCW 14.08.122 in the tortn in which it was
adopted shall fonhwith be filed in the office of the
Aubum ciry clerk for use and examination by the
public. (Ord. 4731 § 2. 1995J
1256.050 Special sen�ices and facilities. �
Special services may be rendered or special
facilities may be provided on such termsas the citv
council may prescribe (rom iime to time. (1957
code § I.50.050.) -
(Revisetl 2/03) �z-22 �
Auburn City Code
12.56.140
ments or any commodiry or service, or for any 12.56.100 Airport property—Damage or
other commeicial purpose unless a lease,permit or alterationl
license has been granted by the city. (1957 code § A. My person damaging any airport light, fix-
1:50.060.) mre or other airpon properry 'shall immediately
report such damage to the ailport supervisor's
12.56.070 Cih•'s nonliabilit�. office in �yriting and shall be fully responsible for �
The pri��ile�e of usine ihe ai_rpon and its facili- any costs required to replace or repair the damaged
ties �hall be condiiioned upon the as�umption of property.
full responsibilin' and nsk b� ihe user iiie�eof. and B. '�o per�on shall modify and/oradd to or oth-
he shall release. hold harmless and indemnify che erii�ise chan�e the appearance of or swccural
ciry, members of the ciry council and airpon com- integrity of airpon-owned facilities unless specifi-
minee, its officers and employees from any liabil- cally authorized by the airport comminee in writ-
ity or loss resulting frorci such use, as well as ing to do so. (1957 code § 1.50.090.)
against claims of third persons so using the airport.
The exercise of the privilege of use constimtes an 12.56.110 Unauthorized area use.
acknowledgment that the ciry maintains the airport No person sfiall enter unauthorized areas unless
in a govertimental capaciry. (]957 code § permission has been'granted 6y the aiiport supetvi-
1.50.070.) sor. Q957 code § 1.50.100.)
12.56.080 General regulations. 12.56.120 User's responsibilities.
- A. Pedestrians�and bicycles are not permined lt shall be the responsibility of all aircraft own-
on the runways and taxiways. ers, operators and users of t}ie airport to become
B. Persons found in areas marked "no admit- familiaz with and adhere to these rules and regula-
tance" or "lessees only" shall be considered tres- tions. Entering onto property under jurisdiction af
passers. ; the airport conscitutes usage. (1957 code §
C. Vehicles must be parked in designaied aieas. 1.50.110.)
D. Trash must be deposited in proper recepta-
cles. 12.56.130 Fedeial aircrah operation
E. The tra�c pattem shall be 11own �es dosely regulations adopted.
as possible to that indicated by the traffic panern The ruks and regulations promulgated by the.
map. Federal A��iation Agency and presently in eflect
F. Landing aircraft shall expedite clearing the and all additions or amendments thereto are
runway as rapidly as safery permits. Aircraf� mak- referred to, adopted and made a pan of these regu-
ing touch•and-go landings shall not unduly resvict lations as fully in all respects as if paniculady set
other landing aircraft. fonh in this chapter. (1957 code � 1.50.120(a).)
G. No one, except designaied inxtruc�ors., are
pertnitted to enplane or deplane ai�c�afi on the�a�i- 13.56:1A0 Aircraft operation regulations
ways,and then only for the purpose of solo xwdem compliance required.
insttuciion. No person shall navigate any'aircraft over, land
H. 1t shall bc the aircraft owner'x responsibility
to at all times insure that hic�ircrafi remains prop-
erly secured, (1957 code � 1.-50.010.�
]2.56.090 Advertising restric�ions.
No signs, posters or other advenising ma}erial
shall be posted or distributed on the.airport without
prior permission of the aiiport supervisor and then
only wFien such posting or distributing is not in
conilict with other city ordinances goveming pos)-
ing or disffibuting, erection and then only if not in
conflict with airpon committee policy:(1957 code
§ 1.50.080.)
]2-2 Z,] (Revised Y/D2)
This page left intentionally blank.
i
�
Y
(Revised 2/02) 12-2�.2
,
Aoburn City Code 12,56.270
upon or take off from,or service,repair or maintain 12.56.200 Aircrafl-Posted traftic pattero
any aircraft on the airport,or conduct any operation conformance required.
on or from the airport, oth,erwise than in confor- All aircraft, except in an emergency, shall con-
mity with this chapter and ihe rules and regulations form to the established tr�c pattems as posted in
of the Federal Aviation Agency. (]957 code § the airport adminisvation building. (1957 code 4
1.50.]20(b).) ].50.120(h).) '
12.56.150 FIigM operation su�prn�ion 72.56.210 Aircraft -Formation takeoR
authorized �+hen. prohibitions.
7'he airpon supervisor, or his appointed assis- Fortnation takeoffs are protiibited, except in the
tant, may resuict or suspend aey or all flight oper- case of a bona fide special event authoriied by the
ations when required for the interest of safety, city council in writing.(1957 code § 1.50.120(i).)
tnilitary need or special circumstances..(1957 code
§ 1.50.120(c).) 12:56:220 AircratY-Turning after takeoft.
After takeoff,no tum shall be made until the air-
12,56:160 Aircraft operation under the port boundary has been reached and the aircraft ha4 ,
inf7uence of liquar or drugs obtained an altitude of at least 455 feet above sea
prohibited. level and the pilot of the aircraft has determined
No person shall operate or assisi in the operation that such a tum can be made safely. (1957 code§
of any aircraft while under the in}luence of or 1.50.120(j).)
affected by the use of any intoxicating liquor,nar-
codc or habit-forming drog.No alcoholic beverage 12.56.230 Airerafl-TtaflSe patterns.
may be consumed on the airport unless the ciry The established Vaffic pattem is as posted in the
council has approved and,designated a place for the airport administration building at an altimde of S55
sale and consnmption thereof. (1957 code § feet above sea level and aircraft shall enter the vaf- �
].50.120(d).) . fic pattem from straight and level,flights, as indi-
cated by the v�c pattern map,_Helicopters sha11
12.56.170 Aircraft-VVheel brakes required- enter and maintain a normal traffic.pattem. (1957 '
Tail skid prohibited. � code § 1.50.120(k).)
No person shall opente any aircraft on the air-
port unless the aircraft is eguipped with effective 12.56.240 Aircraft-EnteringorleavinglrefNe ,
and funcdoning wheel brakes,nor shall any person pattem.
use or operate on the airport any aircraft eguipped Aircraft entering or ]eaving the traffc pattern
with a tail skid in place of a tail wheel. (1957 code shall exercise ezveme caution and shall not cause
§ 1.50.120(e).) other a'vcrak in the pat(ern to deviate from their
course. Q957 code § 1.50:120(!).)
12.56.780 Aircraft-Taxiingrestrictions.
No person shall taxi any aucraft unless there 12:56:250 AircraR-Dlstance between in 1lighf.
will be no danger of collision with any person or Safe distances shatl be maintained between air-
object.All aircrafi shall be taxied at a safe and rea- craft in the vaffic pattern and there shall tie no
sonable speed commensurate with safe operauon passing or cutting in front of other aucraft.in the
in relation to ezisting condiuons and with due pattem.Q957 code § 1.50.120(m).)
regazd for other aircrafr,persons and property.Air-
craft shall not be taxied in excess of 15 miles per 12.56.260 Aircratlt-Airspeeds.
fiour in building and parking azeas and on ramps. Aircraft in the panern shall maintain 80 miles
(1957 code § 1.50.120(�.) per hour minimum airspeed on downwind, 70
miles per hour minimum airspeed on base leg,and
12.56.190 Aircraft-Approach for takeotT. speed cortimensurate with the aircraft characteris-
Aircraft approaching the runway Tor takeoff tics on final approach.Pilots shall avoid long, flat
shall�be stopped at leact 88 feet from the centerline final approaches at minimnm airspeeds: (1957
of the riinwzy in nse and shall not be taxied onto code § 1.50.120(n).)
the runway without the pilot first having made a
visual check of air tra�c. (1957 code § 1.50.120 12.56.270 Aircraft-Enplaning or deplaning
(g).) on runway-Restrictions.
Except in emergency, no person shaU board or
12-23
12.56:280
disembazk from any aucrafl on the taxiway, land- 12,56:330 Unattended aircraR-Secpr(ng
ing or takeoH area of the airport unless he is a des- required.
ignated flflight ins[ructor who may disembazk on a No aircrafi shall be left unattended�inless prop-
iaxiway for �he purpose of solo tlight instruction. edy secured.The airport supervisor may secure the
(1957 code § 1.50.120(0).) aircrafi at the owner's expense and without]iability
for damage that, may occur from such securing..
12.56.280 Aireraft - Maintenance and repairs. (1957 code § 1.50.120(u).)
No aircrafi sha]] be permined ro remain on any
part of ihe iaxiH�ay, landing or tal;eoff area for ihe 12.56.340 Aircraft registration.
purpose of repairs, and all repairs shall be effecied Any person eleuing to base his aircraft on the
ai places designated therefor. Only minor preven- airport shall register the airctaft with the airport
tative maintenance authorized by the federal avia- supervisor or with whomever in the employment of ,
tion regqlations to be pedormed by a private pilot the ciry tfiat tNe airport supervisor designates. .
on rype certified aircraft shall be permitted in azeas Change of ownership or removal of the aircraft
other than authorized maintenance shops, Experi- from the airport shall not �elieve the registered
mental aircraft shall be subject to the same rule owner from payment of applicable fees unless 30
conceming repairs as if they were certified aircraft. days' prior written notice is given. (1957 code §
(1957 code § 1.50.120(p).) ].50.120(v).)
12.56.290 Aircraft-Restrictions on starling 12.56.350 Privately owned sircraft parl3ng.
engines. Privately owned aircraft shall be parked only in
An aircraft engine shall not be started dnless a designated storage areas assigned them by the sir-
competent operator is at the convols and adequate port supervisor,(1957 code§ 1.50.1?A(w).)
brakes are fully set or the wheels are set with
blocks.Aircraft engines may only be run up after it 12.56:360 Translent sircrat't parldng.
is determineA that propwash will not endanger Transient aircrafi shall pa� only in designated
other aircraft, property or persons. (1957 code § areas and shall pay a fee forparking based dpon tLe
1.50.120(q).) i fee schedule adopted from time to time by the city.
' p957 code § 1.50.120(a):�
]2.56.300 Aircrat�-Operation in hangars.
No aircraft sha11 be tazied into or out of a han- 12.56.370 Parking only tenant-owned sircrafL
gar. Aircrafi engines shall not be operated within Airport tenants shall park only airc�aft owned by
hangars,bqt may be elecvically cranked in the han- them in azeas leased to them. (1957 code §
gar during ser4icing operatipns. Q957 code § 1.50:120(y).)
7.50.120(r).)
12_.56.380 AircrafY storage 6angan-Use
12.56.310 AircralY-Mo��ng. restrictions.
Upon direction of the airport supervisor, the Aircraft sroiage hangars aze for the sole purpose
operator, owner or pilot of any aircrafl on the a'v- of storing aircraft. No other item may be stoTed
pdn shall move the aircrafl to any place designated within except as provided in ACC 1256.450(E),
on the airport. If the operator, owner or pilot and except ladders,cans,boxes,ete.,end then only
refuses to comply with ttie directions, the airport with the prior approval of the airpoR superdisor.
supervisor may have the aircraft moved to such (1957 code § 1.50.120(z).)
place at the owner's expense and withou} liability
for damage that may result from such moving. 12,56.390 AircrafY slorage hangars-Keeping
(1957 code § 1.50.120(s).) doors closed.
Storage hangaz doors are to be closed when the
12.56.320 Accident reporls. lessee or the]essee's aircraft is not within the s4ruc-
Accidents of any nature occurring on the airpoA ture.(1957 code § 1:50;120(aa).)
shall be reported,as soon u practicable, to the air-
port supervisor in writing along with names and 12.56.400 AircrafY-We9ght resErlctions.
addresses of persons involved and witnesses. Usage of the airport is restricted to powered air-
(1957 code § 1.50.120(t).) crafi under 12,500 pounds gross weight. (1957
code § 1.50:120(bb),)
12-24
; :
Auburn City Code 12.56.450
12.56.410 Aircraft storage hangars-Electrical areas so designated. Degreasing-shall not be done
outlet use restrictions. by the spraying of a tlammable liquid.
Lessees of stbrage hangazs may not leave eleo- L. No material of any nature shall be stored in
trical cords plugged in convenience outleu unat- such a manner so as to constitute a fire hazard.
tended end convenience outlets are not to have M. No smoking shall be pertnined in any han-
electric heaters plugged into them or into the cords gars where it is hazardous to do so or where "no �
served by thece outlets. (1957 code F 1.50.120 smoking" si@ns are posted. �
���� � N. Hanear emtances shall be kept sufficienily
clear to permii �ead� access w buildines �o comba)
12.56.420 Fl��ing club membership lists. fires.
Flying clubs must provide the airpon supervisor O. The s�orage.handling and use of all ilamma-
with a current listing of all members.(1957 code § ble li.quids sha11 be as provided by the city fire pre-
1.50.120(dd).) vention code.
P. Whenever the provisions of this chapter,city
12.56.430 Aircraft storage hangars-Spraying ordinances, state and federel laws am not applica-
1lammable liquids prohibited: ble for any reason to any situation involving the ', ,
No flammable liquid (paint or other combus}i- protection ofpersons and propery from the hazards •
ble)shall be sp,rayed within a storage hangar.(1957 oT fire and explosions, the materials, methods of
code § 1.50.120(ee).) constri�ction, installation, practices or operation
� necessary to provide such protection shall be in ac-
12.56.440 Fire regulatians. cordance with nationally recognized and accepted
A. No aircrafi.shall be fiieled or drained while standards. (]957 code § 1.50.140.)
the engine is running or while the aircraft is in a
h�g�. 12.56.450 Vehicular traffic and parking
B. During all fuel operations the aircrafl and regulations.
appurtenances used in fueling shall be grounded by A. Unless authorized by the airport supervisor,
an approved method. no highway vehicle or bicyde:shall be operated on .
G. Personnel engaged in fue]ing operations the airpori except on roadways, parking areas or
shall exercise care to prevent overflow of fuel or places that are designated for such vehides.
other damage to aircraft. B. No person shall operate any vehide in a
D. Smoking or tfie lighting of an open flame cazeless or negligent manner or in disregard for the ,
shall be proh3bited within 50 feet of any fuel oper- safety of others or in excess of posted speed traffic.•
ation. � signs, and in no event in excess of 25 miles per
E. Fueling operations shall be condoc�ed at hour.
least 50 feet from any hangar or building. C. Highway ve6icles shall always yield t6e .
F. No electrical 'or radio equipment shal] be right-0f-way to aircrafi on the ground or in the pro-
operated during fuel operations, and master cess of landing ar taking ofl:
switches and magneto switches shall be in the"ofT' D. Any accident involving motor vehicles on
position. the airpon shall be reported to the airport supervi-
G. No aircraft shall be sta�ed when there is fuel sor.This shall not be taken to mean that the noimal
on the ground,under or near the aitcraft. requirement to report accidents to the police
H. No person shall drain or cause to be drained deparanent is waived, but is in addition to that
aircraft sumps on hangar tloors or on asphalt-pa0bd requuement.
areas. E. Vehicles shall only be parked in a manner
• I. Hangaz tloors shall be-kept clean and free and in azeas so designated for such purpose. A'v-
from oil, and no tlammable solvent shall be used crafl owners who lease.storage,hangar space$om
for cleaning purposes in shops, hangars or other the city may, at the discretion of the airport super-
buildings. visor, pazk one automobile or pickup truck within
]. No boxes,crates,rubbish,paper or other litter that hangaz for the duration of time that the aircraft
shall be.permined to accumulate on the a.irpon or housed therein is on a aosstountry llight,with the
in any hangar or other building, and all oil, paint, reservation that any and all such vehicles would be
dope and varnish containers shall be removed from under the conhol of the airport supervisor, and the
hangars irrimediately upon being emptied. vehicle pazked therein shall be so parked at t6e
K. Degreasing of aircrafl and/or aircrafl engines owner's risk and the ciry accepts no liabiliry for loss
shal] be permined only in maintenance shops or in thereof or damage, etc. Locked vehicles parked in
]2-25 (Revised 3/0a)
12.56.460
storage hangars must be parked with the geaz seleo- Chapter 12.60
tor]ever in neutral,with the brakes released and one
wheel adequately chocked. R1GHT-OF-WAY PERMITS
F. Illegally parked vehicles may be issued park-
:'��:'.�
ing violation citations, moved to desi@nated park- Senions:
ing areas, impounded, or any combination of the 12_60.010 Purpose-]ssuance-Authoriry-
above three provisions. A charge for such towin@ Requirements.
wi11 be leoied and the airpon shall noi assume anv ]2.60.020 Right-of-wav use permit fee.
liabilin� for damaEe �*'hile mo�ing such ��ehicle- ]2.60.030 Streetbanners - \�'henallowed-
(1957 code � ].50.130.) Permit required.
12.60.040 Evaluation/determination standards.
12.56.460 A7ilitary-q�peandexperimen�al-q�pe
aircraHregulations. 12.60.010 Purpose-lssuanee-Authority-
A. "Experimen}al-type"means any aircraft that Requirements.
is so classified by the Federal Aviation Adminisga- The purpose of regulating rig6t-oi way ases is
tion. to assure that proposed uses are consistent with
B. "Mi]itary-type" means any aircrafi origi- public hea]th; safery, and welfare of the commu-
nally produced by vendor under contract to the nity, and that any harm or nuisanee which may
Secretary of Defense or the Defense Department. result from a proposed use is prevented. The ciry
C. Military aircrafi are allowed the use of the engineer shzll establish procedures to administer
field solely at the discretion of the airport supervi- the permit pro�zram. Decisions regarding issuance,
sor. Should any aircrafi of iBis rype prove unduly renewal,denial,or termination of any such permits
noisy, burdensome or seem to constitute a hazard, shall be subject to insdrance roquirements, bond �
the airport supervisor shall cause such aircraft to be requiremenu, hold harmless agreements, evalua-
removed from the field. tion of competing public interest,and other admin-
D. Experimen}al aircrafi sha]] be govemed by istrative details determined and administered by
the same rules as nonmilitary aircrafi. the city engineer.Issuance of right-of-way use per-
E. During its FAA require8 solo test perio�, mits that include community events,long-term use
experimental aircrafi are required, prior to using ezceeding 30 days, such as monitoring wells,
Auburn Municipal Airpon for tlight purposes, to signs,coriduit,pipelines,parking,landscaping,bus
file a copy of public liability and properry damage shelters, awnings,or uses with polity implications
insurance policies or certified copies of same will require public works committee approval.
together with evidence of premium payments � (Ord. 5784 § 1, 2003; Ord. 5298 § 1; 1999; Ord.
issued by a responsible insurance company aqd 5042 F 1 (Exh.D), 1998;Ord.4767§ 1; 1995;Ord.
naming the ciry as additional insuied, which 3351 § 2, 1978.)
insures against all claims for personal injury,death
and property damage, azising out of the operation 12.60.020 Right-of-way use permlt fee.
of the experimental aircrafl. The limits of such A. Right-of-way use pertnits will require a non-
public liability and property damage insurance refundableapplicationfeeof525.00forapermitto
shall be not less than $],000,000 combined single cover a 30-day period or less. A single 30-day
limit,each occuqence. (Ord.4691 § 2, 1994; 1957 extension period may be granted to the applicaot
code § 1.50.150.) upon receipt of a written request absent any Imown
reasons for denial. Permiu for 30 days or longer
1256.470 Violation-Penalty. ' shall have e nonrefundable application fes of
In addition to the,above penalties, anyone w6o $75.00 and shall exp'ue at the end of Sve yeazs
� violates or fails to comply with any provisions of from the:date of issuance unless sooner terminated
this chapter shall upon conviction thereof be pun- by the public works committee, or the term of the
ished as provided in ACC 1.24.010. A violation of right-of-way permit is extended beyond t6e five-
any ofthe rules or regulaiions set forth in this chap- year period by agreement with an applican4(s)and
ter shall be deemed sufficient cause for the airport approved by ordinance. Upon each anniversary of
supervisor to deny or prohibit access to or use of the permit the applicant must show proof of insur-
the airport by the responsible person or firm.(1957 ance. The application fee for a right�f-way use
code § 1.50.160.) permit shall be paid to the direMOr of finance at Ihe
iimc the application is filed; provided, however,
bona fide govemmental agencies of the fedetal
(Revised 3/Da) 1 t-26
;
Auburn Ciry Code 12,60,040 '
government or the state of Washington or subdivi- K. Such other factors as may demonstrate that
sions thereof shall be ezeirfpt from piyment of said the grant to use the rights-of-way will serve the
fee. Right-of-way permit.fees are due and payable community interest. (Ord. 5298 § 1, l999; Ord. ,'
on the date of permit issuance:The permit fee shall 5042 § i (Exh. D), 1998.)
be based upon the estimate of staff labor and the
labor rates effective in accordance with Chapter �
�
3:18 ACC, Reimbursive La6or Rates. 7-he city
en�ineer shall review and approve ihe permit fee
calcula)ion for each permi�.
B. Refunds for permirfees must be requesied at
least 30 days prior to the scheduled use.(Ord. 5298
§ 1; 1999;Ord.5042 § 1 (Exh.D), 1998;Ord.5005
§ 2; 1997; Ord. 4767 § 1, 1995; Ord. 4239 § 1,
1987; Ord..3351 § 3, 1978:)
12.60.030 Street banners—When allowed— ,
Permit reqoired. _ �
A. Street banners of a nonpolitical namre adver-
tising communify events sponsored by a nonprofit
organiiation may,be installed at a predesigiated
locaUOn within the 200 block of East Main Street
for a period not exceeding�two weeks in duration.
B. 7'he combined applicztion and permit fee for
street banners shall be$25.00 and is nonrefundable.
The fee shall be paid at ihe time the application is
suBmitted. (Ord. 5784 § 2; 2003; Ord. 5298 § l,
1999;Ord.5042 § 1 (Exh.D), 1998;Ord.4767 § 1,
1995;Ord.4106 § l, 1986.) ' � '
12.60.040 Evaluation/determination
standards.
In preparation of the staff recommendation to
tkie public works committee the city engineer will
consider as a minimum the following criteria:
A. The financial and technical abiliry of the..
applicant.
B. '!'he legal ability of the applicent.
C. 7'he capaciry of the righu-of-way to accom-
modate the applicant's proposed facilities or use.
D. The remaining capacity of the rights-of-way
to accommodate other uses if the applicant's pro-
posed use is granted. •
�E. Any intederence with exis}ing ciry facilities
or utilities.
F. Any intederence with existing private facili-
ties or utilities.
G. Any damage or disruption, if any, of pu6lic
or private facilities, seryiCe, tra4el, or landscaping
if the authorization is ganted.
H. 'fhe effeM, if any, on public health, safety,
and welfare if the authorization is granted.
1. The availability ofaltemate sites for the pro-
posed use.
J. VeriTication that use is compliant with the
federal Ainericans With Disabilities Act (ADA).
. ]2-2� (Revisetl 3/04)
12.64.010
Chapter 12.64 12.64.030 Right-of-wey.
Based solely on the criteria of ACC 12.64.050,
REQUIRED PUBLIC 1n1PROVFr7ENTS the city may require each applicant for a building
permit (che property for which a building permit is
Sedions: sougtit shall hereafler be refeired to as "subject
12.64.010 Purpose. property") not otherwise exempted by this chapter
12.64.020 Scope. to install or.otherwise provide for the following
12.64.030 Righi-of�ya��- public improvements within the public right-of-
�?.�a.0ao Deierminaifon. K'aj:
12.54.050 Cniena. A. Paved roadway;
12.64.060 Deferral. B. Street lighting systems to provide illumina-
12.64.070 Appeal. tion of not more than two foot-candla at the near-
12.64.080 Permit—Required. est edge of the paved roadway;
12.64.090 Permit-Charges. C. Sidewalks on the same side of the street as
12.64.100 Barricades. the subject pioperry;
12.64.110 Guarantee by conttacroT. D. Concrete curbs and gutters;
12.64.120 Presen�ation of monuments. E. Storm drainage systems. (Otd. 4899 § 1,
12.64.130 Property lines and easements. 1996;Ord. 3635 § 3, 1981.)
12.64.140 Acceptance by city.
12.64.150 Enforcement. 12.64,040 Determination.
A. General.
12.64.070 Purpose. 1. After consultation with representatives of.
The purpose of this chapter is to: the departments listed in subsection B of this sec-
A..Establish the ciry's auth_ority to require a tion, the director of public works or his desig�ate
building permit applicant to make either reason- (hereafier, the "duector") shall tentapvely deterv
able public.sveet improvements or deferra] of said mine ihe nature, extent and locaUOn of the public
improvements through a no-protest LID agreement improvements that are to be provided ,
process; i 2. The director shall discuse the tentative
, -- B. Establish procedures to be used to providt determination with the applicant in relation to the
for public unprovements by building permit appli- criteria of ACC 12.64.050. Afler any necessary
canis; modification, the director shall inform the appli-
C. Establish criteria to be used io deierriiine the cant of the fina]de}ermination.
namre, extent and location of required public B. Interdepartrnental Review.
improvements; 1. Before making the final determination
D. Promote the development of the ciry's trans- required by subsection A of this.section,the direc-
portation infraswcture in conformance with the tor shall consult with and may incorporate or mod-
comprehensive plan and in accordance with the ify the recommendations of representatives from
ciry's design standards, in such manner to avoid the following departrnenu of the city:
public harm or creation of nuisance siniations. a. The police department;
(Ord. 4899 § 1, 1996; Ord. 4774 § 1, ]995; Ord. b, 'Ih_c fire deparunent;
3635 § 1, 1981.) c. The planning depaitment;
d. The deparanent of parks and recre-
12.64.020. Scope. ation.
This chaptu applies to each applicant for a 2. 7'hese representatives shall use only the
building penriit ezcep� th_e following: crneria of ACC 12.64.050 to formulate the'v rec-
A. An applicant for a building pemiit to make ommendations. (Ord. 4899 § 1, 1996; Ord.3635 §
an addition;alteration or repairs of]ess than 50 per- 4, 1981.) �
cent of ttie assessed valuation of such structure;
B. An applicam for a permit to make wholly 12.64.050 Criteria.
interior improvemenu within an existing stiriuture. 'fhe director shall use only tlie following criteria
, (Ord. 4899 § 1, 1996; Ord. 4177 § 2, 1986; Ord. in making the determinations requ'ued by ACC
3635 § 2, 1981.) 12.64.040:
A. If the ciry council through an approved plan
or policy has, by ordinance or resolution, estab-
lished the nature, extent and location of public
(Re�i5ed3/oa� . - �¢-as
Auburn City Code _ 12.64.060
improvements to be provided in the immediate
viciniry of the'subjett properry in question, the
director shall re:quire public improvements under _
this chapter consisient with che nature, extent and
location thereof as established by the ciry council,
B. lf}he ciry council has not so established the
nafure,eztent and location of public improvemenu ��
in the��icinity of the subjen properrv in quesiion:
1. The direnor shall reoufre the appropriate
public improvements. ff ihe direcior finds ihat:
a. Similar public impiovements already
exist orazescheduled in tfie iminediate viciniry of
the subject properry; or
b. The proposed use of the subject prop-
erty •necessitaces ihe ins�allaiion of the public
improvemenu� or
c. The_ subject property is located in '
close proximiry �o an activiry cenier, defined as a
parlc, school, commercial center, large employ-
ment cen(er, large ,muhifamily development, or
any other public or privaie devel,opment where
people or activities 'are concentrated, tha} the
required improvements will enhance access to this
acgviry center, and that it is in the best interests of
the residenu of[he ciry to.enhance access to this
activity center; or '
d. .Physical characieristics of the subject
- property, including but not limited to topography,
slope, soil type; drainage panem, or 4egetation, ',
necessitate the installation of .public improve-
menu; or
e. The public improvements are neces-
sary to mainfain water qualiry; or
f. For ;any other reason, the public
improvements arc necessita{ed by a compelling
public interest to include avoidance of public nui-
sance or harm: lf the directorrequires[he provision
ofpublic improvemenu under ihis subsection f,the
director shall "make wrinen fndings and conclu-
sions specifying the improveinents and che manner
in which these,improvements will fulfill tFiis public
interest.
2. The director shall require any public
impro4ement pursuant to this chapter to be in
accordance with the latest provisions of the Amer-
ican Public Works Association Standaid Specifica-
tions for Public Works Conswction, as revised by
the ciry. (Ord. 4899§ 1. 1996;Ord 4774 § I, 1995;
Ord. 3635 § 5. 1981.)
12.64.060 Deferral.
A. In che insiance of no"nsingle-family lots, the
decermination of the director as specified in ACC
12.64.040 shall be final unless a request by che
applicant �o defer insiallation of the public
]j_j$,] (Revised n100)
This page left intentionally blank.
i
(Revised 4/00) 12-28.2
1�
Auburo City Code 12.64.110
improvements required by the director under this B. The permi) shall specify the place where the
chapter is made to the public wbrks committee of improvement is io be constructed. together H•ith a
the city council within 14 days afier the director's description of the proposed conswction io be done
detertnination. The request shall be in writing �o under the permit and the length of time allowed for
the public works committee of the city counci] and the completion thereof.
filed with the public works depariment. C. A pertormance bond. �+�ith the amount to be ��
In ihe insiance of indi��iduil sin�le-famil�� lois, determined by �he direcior for the taal cost of con-
the deierminaifon of ihe dfrenor io ronsirun struction of ihe required put+lic improvements.
and/or defer ihe public impro�emem� shall be ffnal shall be posied �+fih ihe cii� b� ihe o�+iter of the
unless the applicant appeals the direcior's decision subject propem� or its legal agems. prior �o com-
to the public works committee of the city council mencement of conswction.
within 14 days afier the directoi s determination. D. An insurance policy acceptabie to the city
The request shall be in wri}ing to the public works attorney and naming the city as an' additional
committee of [he city council and filed with the insured shall be submitted and be on file with the
• public works department. � city. (Ord. 4899 § 1, 1996;Ord.3635 § 8, 198f.)
B. The request must be considered tiy the pub- ',
lic works committee prior to the:time the building 12.64.090 Permit-Charges.
permit is issued. If the public works comminee A. The permit fee shall include the actual labor
deems that such public improvement installation, cost to the city for making the neces'sary surveys
as determined by the director,will be economically and for �he inspeciion of all pdblic improvements
or physically unfeasible in.the time conswction required pursuant to this chapter, and miscella-
takes place,the pu6lirworks comminee may defer neous administration costs.7'he fee shall be actual
installation of public improvements required by the ]abor costs as detailed on the perntit.
d'vector under this chapter. For those deferred B. Engineering Fees. The fees shall be paid ,
improvements,the appliFam shall be required: monthly (or as invoiced) as the work progiesses,
1. To sign an agreement not to protest the AA engineering, administration, and inspection
formation of a future local improvement disuict fees shall be paid before final acceptance of the
(LID); and/or work by the ciry. (Ord. 4899 § 1, ]996; Ord. 3635
2. To execute and record a covenant docu- § 9. 1981.)
ment chat insures tfie participation of the subject
property owner in any local improvement disVict 12.64.100 Barricades.
(LID)formed for the conswction of such improve- The person,firm or corporation constructing the
ments.The applicant,under state law,has the right public improvements pursuant to the terms of this .
to protest assessments 'at the time of the final chapter shall erect, and so long as the conditions
assessment roll public hearing if unacceptable. exist and any danger may continue,maintain along
(Ord. 4899 § I, i996; Ord. 3940 § 1, 1984; Ord. the propeny upon which the public improvements
3635 § 6, 1981.) aze�o be conswcted a good and substanual barrier,
and shall cause to be maintained during every night
12.64.070 Appeal. from sunset to sunrise azound the obswction suffi-
7'he decision of the public works committee of cient wazning lights or flares; inclqding any
the city council may be appealed to the city council requested by the ciiy engineer.ln the event the per-
by the applicant and tfie city council, shall, by son, firtn or corporauon consweang the public
majoriry vote,confum,reverse or modify the deci- improvements is not immediately available, t6e
sion of the public works comminee. (Ord. 4899 § d'uector may install, at the applicant's expense, .
1, 1996;Ord.3635 § 7, 1981.) additional bamcades, lights, and/or safery deveczs
to protect the public. (Ord. 4899 § I, 1996; Ord. .
12.64.080 Permit=Required. 3635 § 10, 1981.)
A. The applicant shaU file with tFie engineering
department drawings showing the location and 12,64.110 Guarantee by convactor.
plan of the public improvement to be conswcted A. Any public.improvement conswcted pursu-
to a scale and plan size as d'uected by the engineer- ant to this chapter shall, wheo appropriate to the
ing department. If appropriate to the nature of the oamre of the improvemen4 be baddilled,tamped,
improvemept, the plan shall consist of cross-sec- and settled in such manner that the impro4ement
uon together with a plan and profle designed by a and any abutting sveet section shall not become
licensed civil engineer. undertnined, and should the improvement .sedle
12-39 1ae�sea iima�
,
i2.6a.�3o
wittiin one year, it shall be repaired ai the expense Chapter 12.66
of the applican4
B. A maintenance bond, ihe amount to be RIGHT•OF-N'AY CONSTRUCTION �
posted fora period of one year from the date of REQU1REnZENTS
acceptance of ih=e public improvements as guaran-
iee agains[ defecti0e material or workman�6ip in Sections:
the publirimprovements. is required by ihis chap- 12.66.005 Purpose. �
�er. (Ord. 4S99 F 1. ]°96: Ord. ?6�5 F ] 1. ]951.1 1?.66.010 Definiiions.
12.66.020 Permit requi�ed.
12.64.]20 Preser�aiion of monuments. 12.66.030 Business license required.
The applicant shall not disturb any survey mon- 12.66.040 Contracwr's license required.
uments or hubsfound within the boundaries of the 12.66.050 Convactor-s insurance.
. public improvement to be conswcied unless 12.66.060 Permittee's liability. •
authoriied to do so by tAe ci_ry engineer. ln ttie 12.66.070 Work area safery.
. event that such mondments or hubs are to be � 12.66.080 Restoration of right-of-way.
removed because of conswction, they must be , 12.66.090 Convactor responsibilities.
replaced under the supervision of the city engineer 12.66.100 Stop work orderr '
at the applicant's or his agent's expense. (Ord. 12.66.110 Violation—Penalty.
4899 § 1, 1996;Ord. 3635 § 12, 1981.) 12.66.120 Con}licting ordinances.
12.64.130 Property lines and easemenls. 12.66.005 Purpose.
It shal] be the applicant's responsibiliry to con- The purpose of regulating right-of-way con-
fine his conswction activities within the street swction through convactor requirements is to
right-of-way lines and limits of. easements assure that proposed construction is consistent with
described on [he permit. Any damage resulting the public health, satety and general welfare of the •
from vespassing beyond these limits shall, be the citizens of Aubum and that any hazm or nuisance,
sole responsibility of the applicant, (Ord,4899 § 1, which may result. from proposed work; is pre- •
_ ..1.996;Ord. 3635 § 13, 1981.) i vemed. (Oid. 5848 § 1, 2004.) • ,
12.64.140 Acceptance by city. 1266A10 Definitions.
No public improvement conswcted pursuant to Unless the context specifically indicates other-
the terms o(ihis chap}er will be accepted until the wise,the meaning of the �erms used in this chapter'
director is satisfied that the work has been per- shall be as follows:
formed according to the requuements of this chap- A. "City of Aubum design aod conswction
ter. (Ord. 4899 § l, 1996;Ord. 3635 § 14, 198]J s(andazds" means the requ'vements adopted under
Chapter 12.04 ACC for stortn drainage, sanitary
12.64.150 Enforcemenl sewer, sveet,and water design and conswction.
A. General. No protest LID agreements, cove- B. "Right-of-way" means land, property, or
nants required pursuant to ACC 12.64.060, or property interest, usually in a strip, acquired for or
installation of public improvemenu requued by the devoted to vansponation purposes:(Ord.5848§ 1,
director undei this chapter shall be listed as a con- 2004 J
dition of and shall become pan of the approved
building permit. 12.66.020 Permit req"uired.
B. Procedure. The provisious requ'ued by the ]t is unlawful for any person to perfortn aay
director under subsution A of this secuon shall be work within ciry right-of-way, Wn��n rey��s e
enforced as part of the approved building pertnit. written pertnit from the city,without frst obtaining
(Ord. 4899 § 1, 1996; Ord. 3635 § 15, 1981.) said permit. (Ord, 5848 § 1, 2004.)
12.66.030 Business license required.
1� is unlawful for any person to gerform any
work within city right-of-way unless they have a
current city busiuess license. (Ord. 5848 § 1,
2004.)
tae�sed i�Aa) 12•30
Auburn City Code ' 12.66.120
12.66.040 Contractor's license required. B. All work within city rigfit-of-way rtiust�e
1t is unlawful'for any person io perform any pursued to completion with due diligenct, and if .
work in city right-of•W�ay unless operating under a work is not completed within a reasonabie length
valid state of VJasfiington general convactor's of time,as determined by the tiry engineer,the ciry :
license. or a �alid siate of �'1'ashin�ton specialty shall cause the ���ork to be comple�ed.
contractor's license applicable to the type of work G. Am� cosis incurred by the cit�� for right-of-
being performed: fOrd. 5Sa8 F 1. ?004.) �vay restora�ion n�ill be charged �o. the property
o��ner and/or developer emplo�ine the conqac�or
]2.66.0�0 Contrac�or`s insurance. con�i�teni ��iih ihe procedures serfonh in Chap�er
Proof of insurance shall be required sho��ing ttie 1:25 ACC. (Ord. 5848 § 1, 2004.)
city as additiona) insured on all work within the
right-of-way to protect the coniractor, the public, 12.66.090 Contractor responsibilities.
and the city against liability for acciden}al injury to Convactors working within ciry right-of-�Vay
persons or propeny. Insurance amounts shall be shall be responsible for all work done under per-
those iden�ified in Section ]-07.18 (Public Liabil- mits issued to them. All.work shall be completed .
ity and Property Damage ]nsurance) of the ciry according to any permit conditions and the city of '
adopted Standard Specifications for Road, Bridge Aub"urn design and conswction standards. (Ord. ,
and Municipal Conswction (curtent adopted ver- 5848 § 1. 2004.) �
sion), published by the Washington State Depart-
ment of 'fransportation, ;and ciry amendments 12.66.100 Stop Work order.
thereto. These insurance' requuements may be When any work is being done or activiry is
modified at the discretion of the ciry. engineer. occuqing in viol,ation of this chapter, or in viola-
Minimum commercial general liability insurance tion of a permit issued for work in the right-of-way,
limits shall be$1,000,000 for each occurrence and the city engineer or his/her.designee may order tlie ,
$j,ppp,000 in the aggregate for each policy year. work or activiry stopped 6y notice in writing
(Ord.5848 § 1,2004.) served on any persons engaged in-the doing or.
causing of such work to be done or such activiry ro ,
12.66.060 Permittee's liability. i occur. Any persons served with a wfitten notice to
Any person regula�ed upder this chapter shall be stop work shall forthwith stop such work and/or
liable to the city for all losses or damages claimed prevent such acti4iry unul authorized by the ciry
by any persons as a result of the negligence or fail- engineer to proceed with the work, recommence
ure of the person securing a permit to take all nec-, the activily or return the right-of-way to a safe and
essary precautions to protect the public and the city usable condition. If persons served with a written
in the performance of any conswction activities. notice to stop work refuse to retum the right-of-
(Ord. 5848 § 1.2004•) w"ay to a safe and usable condiuon at the reguest of
the ciry engineer, the city may cause the right-of-
72.66.070 Work area safety. way to be restored as provided in ACC 12.66.060:
. Contractors are responsible for vaffic control, (Ord. 5848 § 1. 2004.)
work azea proiection/security and sveet mainte-
nance to protect the life, hezlth and safety of the 12.66.110 Violation—Penalty.
public during any permitted work within the right- In addition io any other enforcement method or
of-way, and all methods and equipment used will process available uoder thG law, any violation of
be subject �o the approval of the city of Autium. �his chapter may be enforced pursuant�o the provi-
(Ord. 5848 § 1.2004J sions of Chapter 1.25 ACC. (Ord.5848§ 1,2004J .
12.66.080 Restoration of right-of-way. 12.66.120 Conllicting ordioances.
A. All sveets, sidewalks,alleys, parkways, and All ordinances or pazts of ordinances in conflict •
other public righi-of-w•ay disturbed in the course of wiih U»s chapter are repealed, except that such
work pedormed under any permit shall be reswred repeal shall not aHect or prevent the prosecuuon or
in accordance with the ciry of Aobum design and punishmen�of any person far any act done m com-
conswction standazds or as approved by the city mined in violauon of any ordinaoce hereby
engineer. repealed prior to the taking effect of this chapter.
(Ord. 5848 § 1. 2004.)
12•31 1Re�eeaiiroa►
'Ititle.l6
ENVIRONMENT
Chap}ers:
16.06 Em�ronmenlal Review Procedures ;
16.08 SubstaNial Shoreline Development Permits
`
16-1 -
Aqburn City Code 16.06.020
Chapter16.06 16.06.020 Adoption by reference.
TFie followin@ sections of Chapter. 197-11
ENV1RONr9ENTAL REVIEVI'. W'AC. inclpdine any amendmrnts thereto. am
PROCEDURES� adopted by reference as if fully set fonh herein:
W AC
Sections: ]97-J 1-040 Definitions. �
16.06.010 Aui}ionr4. 197-11-0�0 Lead aeencv.
16.06.020 .Adopiion h)' refe�enre. 197-J I-O5� Timing of the SEP.4 pmcess.
16.06.030 Addiiional definiiions- 197-11-Ob0 Coniem of environmen�al re�ieH.
16.06.040 Responsibleofficialdesigpaied. 197-11-Oi0 Limiutionsonactionsdurin�SEPA
16.06.050 Timing of environmen{a] re4iew. proccss. �
l6.06.055 Categorical exemptions. 197-11-080 lncomplete or unavailable
16.06.060 Daertnination of caie@orica] information.
exempiion. 197-I1-090 Supponingdocuments.
16.06.065 Environmcntally sensitive areas. 197-11-100 Information required of applicants..
]6.06.070 Environmental checklist reqoirod. 197-11-300 Purpose of this part.
16.06.080 Environmental impact sta�ement. 197-1]-305 Ca�e�orical excmptions..
16.06.090 Public notice. • 197-11310 Threshold deiemtination rcquircd.
16.06.100 ]nternal circulauon of environmental 197-11-315 Environmental checklist.
documents. � 197-11-330 Threshold de�emunation process.
16,06.110 'fiming of decision on nonexempt 197-11-335 Additional infortnation.
action. 197-11-340 Determinatian of nonsignificance
• 16.06.120 Authonry to condition or deny (DNSj.
proposals. 197-11-350 INiuga}ed DNS.
16.06.130 Substantive amhoriry. 197-11-360 Detertnination of significance(DS)/
16.06:200 Ciry responsibilicies as consulted iniiiation of scoping.
agency.. 197-11-390 Effect of threshold de�erminaiion.
16.06.210 Use of non-SEPA documents. 19�-11-400 Purpose of E1S.
I6.06.220 Environmental appeals. 197-11-402 General requirements.
16.06:230 'Time limiiation on appeals. 197-1 J�OS E1S types.
_ .. -._
l6.06.240 Fee to accompany nocice of appeal. 197-11-406 E1S timing.
16.06.250 Notice of hearing. 197-!1-408 Scopipg.
16.06:260 Hearing. 197-I1-410 Expanded scoping.
16.06:270 7esumony-Recording. 197-11-420 EIS prdparation.
16.06300 Snbsiantial weight-Burden of proof. 197-11-425 Style and siu.
16.06310 Decision of the hearing examiner. 197-11-430 FormaG
16.06320 Dismissal of appeal. 197-11-035 Cover lener or memo.
16.06330 Council review-Limications for 197-11-4d0 EIS contents.
appeals. !97-11-442 Contems of ElS on nonproject
16.06340 Violation-Penalty. proposels.
197-11-443 E1S contrnts when prior nonproject
16.06.010 Authority. �S• .
'Ihe ordinance codified in this chapmr is adopeed 197-11-444 Elements of the emironment.
under the authority of the S�ate Environmental Pol- . 197-11-448 Relationship of ElS to otha
icy Act (SEPA).RCW'43.21C.120,and the SEPA considerauons.
Rulur �'AC 197-11-904. induding any amend- 197-11-450 Cost-benefit analysis.
ments thereto. (Ord. 4840§ l, 1996.) 197-11-455 ]ssuance of DEIS.
197-I 1-46U ]ssuance of FE1S.
197-!1-500 Purpose of this pan.
197-11-502 lnvi�ing comment.
197-11=504 Availability and cost of
environmenta! dauments.
197-11-508 SEPA rcgister.
I.Piirnlegisla�ion:0i'd5.4009.d054.4351.4504.4544.4771 �97'11'S�0 Publicnrnice. �
a�d 4�qZ 197-11-535 Public hearings and meetings.
]6-3 � , (Reviseo 7r03)
]6.06.020
197-11-545 Effect of no comment. 197-11-768 Mitigation.
197-11-550 Specificity of commems. 197-11-770 Namral environment.
197-11-560 FEIS response to cominents. 197-11,-772 NEPA.
197-11-570 Consuhedagencycoststoassisilead 197-11-774 Nonprojea.
agency. 197-11-776 Phased review�:
197-1 J-600 �'�!hen to use existing em�ironmemal 197-11-778 Preparation.
documents. 197-11-780 Pri��ate proiect,
]97-1 ]-610 Use of K'EP.4 documents, 19i-1 ]-7S? Probable.
197-11-620 Supplementalemironmentalimpaci 197-11-754 Proposal.
siaiement - Procedures. 19 i-11-786 Reasonable altemative.
197-11-625 Addenda-Proceduies. 197-11-788 Rcsponsible official.
197-I1-630 Adoption-Procedurbs. 197-11-790 SEPA.
197-11-635 Incorporauon by reference- 197-11-792 Scope.
Procedures. ]97-I1-793 Scoping.
197-11-640 Combining documents. 197-11-794 Significant.
197-11-650 Purpose ofthis pan. ]~97-11-796 State agency.
197-11-655 7mplememation. 197-11-797 Threshold determination.
197-11-660 Substanuve auihoriiy and . 197-11-799 Underlying�overnmen[al ection.
midgation. 197-11-800 Categorical exempyons,
197-11-680 Appeals. 197-11-880 Emergencies.
. 197-1,1-700 Definitions. , 197-11-890 Petitioning DOE to change
197-J 1-702 Act. ezemptions.
197-11-704 Aciion. 197-11-900 Pu7pose ot this part.,
197-I1-706 Addendum. 197-11•902 Agency SEPA,policies.
197-11-708 Adoption. 197-11-916 Application to ongoin�actiona.
197-11-710 AHected tribe. 197-11-920 Agencies with enviionmental
197-11-712 AHecting. expenise.
197-11-714 Agency. 197-I1-922 Lead agency Nles. ,
!97_11-716. Applicant. i 197-11-924 Ddterminingthelea8 agency.
197-11-718 Built environment. 197-11-926 Lead agency for govemmental
197-11-720 Gategorical exemption. proposals.
197-1]-722 Consolidated appeal. 197-11-928 Lead agency for public and private
197-11-724 Consulted agency. proposals.
197-11-726 Cost-benefit analysis. 197-11-930 Lead agency for pri4ate projects
197-11-728 Counry/ci[y. with one agency,�vith jurisdiction.
197-11-730 Decision maker. 197=11-932 Lead ageney for private projecta
197•11-732 Deparunent. requiring licenses from more than
� 197-11-734 Determination of nonsignificance , one agency,when one of the - -
(DNSj. agencies is a county/ciry.
197-11-736 Determination of significance (DS). 197-11-934 Lead agency for private projects
197-11-738 E1S. recjuiririg licenses from e local
197-11-740 Environment. agency,notacounry/city,andoneor
197-11-742 Environmental checklist. more siate agencies.
197-I I-744 Environmencal document. 197-!1-936 Lead agency for privste projects
197-11-746 Environmrntal review. rbquiring licensos from moro than
197-11-748 Environmencally sensitive area. one state agency.
197-11-750 Expanded scoping: 197-1]-938 L.ead agencies for specific
]97-11-752 Impacts, proposals.
197•11-754 ]ncorpoiation by reference. 197-11-940 'fransfer of lead agency status ro a
197-11-756 Lands co4ered 6y water. state agency.
197-1]-�58 Lead agency. 197-11-942 Agreements on lead agency statqs.
197-11-760 License. 197-11-944 Agreements on division of lead
197-11-762 Loca] agency. agency duties.
]97-11-764 , Major action. - , ' 197-11-946 DOE.Fesolution of1ead agdncy
197-11-766 .Mitiga�ed DNS. disputes. .
(Revisetl 7/03) 16-4 �
. �
Auburo City Code 16.06.030
197-11-948 Assumption of lead agency stams. tiort of "fish and wildlife habitat consen�ation
197-1I-960 ' Environmental checklist. areas'� as described in Chapter 36�-190 WAC and
197-11-965 Adoption noiice. the Aubum comprehensive plan. "
197-I1-970 Determination of nonsignificance "Frequemly tlooded area�' means lands in the
(DNS).. tloodplain subject io a one percent or grearer
197-]1-980 Determination of significance and chance of floodine in any eiven rear. These areas , ;
scopi�g notice (DS). indude: streams. nvers. lakes. �*�etlands and am
]97-]1-965 Noiice of aasumpiion of lead acenc� other area meeiin� the definiiion of "frequently
ciafus. f7ooded areaa' a� descritied in Chapier 36�-190
197=11-990 Noiice of aciion. WAC and the .4ubum comprehensive plan,
(Ord. 4840 § I. 1996.) "Geologically hazardous areas" means aroas
that because of iheir sosceptibility(o erosion.slid-
]6.06.030 Additional definitions, ing,earthquake or other g'eological events. are not
In addition to those definitions contained within suited to siting commercial, residential or indac-
WAC 197-11-700 through 197-11-799.the follow- trial development consisient with public health or
ing words and terms shal] ha4e ttie following safety concerns. These areas include:
meanings,unless the context indicaies otherWise: l. Erosion hazard areas: areas identified by •
"Advisory body° means any body esiab�ished the USDA Soil Consavation Service as having a
by ordinance of the ciry council, whose responsi- severe rill and inter-rill erosion hazard;
bilities include theseview of development propos- 2. Landslide hazard areas:-areas potentially
. als for the purpose of making recommendations to subject to landslides based on a combination of
the city council. , geologic.topographic and hydrologic factors:
"Aguifer recharge areas" means areas which 3. Seismic hazard azeas: areas subject to
recharge aquifers that aze a source of drinkin@ severe risk or damage as a result of eanhquake
water vulnerable ro comaminauon that woold induced ground shaking. slope failurc, setdement..
affect the portabiliry of the water. These areas soil liquefaction or sudatt faulting;
include: sole source aquifer rechar@e areas and 4. Other @eologic hazard azeas: areas sua
wellhead protection areas designated pursuam to ject. to volcanic activity and areas underlain by,
the Fedenl Safe Drinking Water Act; areas esta� adjacent to,or aHecied by mine workings;and
lished for special proieccion pursuant to a grouod 5. Any other area meeting ihe definition of
water management program as described by Chap- "geologically hazardous areas'' as described in
ters 90.44. 90.4$ and 90.54 RCW and Chapters Chapter 365-190 WAC and the Aubum compre-
173-100 and 173-200 WAC; and any other area Hensive plan.
rneeting the definition of "areas with a cntical "Hearin@ examiner" means the city hearing`,
recharging effect on aquifers used for poiable examiner as es�ablished by Chapta 18.66 ACC.
water" as described in Chapter 365-190 WAC and "Ordinance"means an ordinance,resolution,or
the Auburn comprehensive plan. other procedure used by the ciry to edopt regula-
"Depanmcnt" mcans any division, subdivisian tory requirements.
or organizational unit of the city established by "Project permiP'or"project pertni4 application"
oidinance,rules,or ordec, means any land use or environmental permit or
"DevelopmenP'means the rezoning of prqperty. license required from the city for a projat action,
the subdivision of land, the consvuction of build- including but not limited to building permits,sula
ings,or any physical alteration of the land which is d'tvisions; planned unit developments, conditional
subject io ciry approval and to the reqoirements ot uses, shoreline development pemtits, siu plan
SEPA. review, permits or approvals required by critical
"Fish and wildlife habitat conservation areas" area ordinances,site specifit rezones authorized by
� means lands which are imponant for the mzinte- the comprehensive plan or a special planning atea
nance of fish and wildlife.spuies in suitable habi- plan or other subazea plan,but excluding the ado�
-tats within the natural geographic distribution of tion or amendment of a comprehensive plan, or a
the species:Tfiese areas include: areas with which special area plan, subarea plan, or development
endaogerdd, threa�ened and sensitive species have regulations except as otherwise specifically
a primary associaiion;habitats and species of local included in ihis chapter.
imponance;waters of the state;waters planted with
game 5sh; and any other'area meeting the defini- .
16•5 (Revised 7/09) .
16.06.040
"Re�ulaiions° includes reeula�ions ret'erenced 16.06.055 Categorical exemptlona.
in this chapter as well as developmem regulations A. The ci(y of Auburn adopts by reference '
as defined in RCW 36JOA.030 of the Growvh WAC 197-11-300 and 197-11-800. ln addition
Management Act. thereto. Aubum establishes the following exempt
"Wetlands"means those areas that are inundaied le�els for minor new construction under WAC
or saturated by surface or ground u�aier at a fre- 197•11-800(1)based on local conditions: ,
quenry and dura�ion sufficient to suppon. and that 1. Fot pazi:ing lots in WAC 197=11-
undei norma] circumsiance� do �uppon. a nreva- SOOU)(bl(iv): 40 or (ewer automobile parAing
lence of �e�eiation i�pically adapied foi liie in sar spaces.
ura�ed soil conditions. weilands genetall� include 2. �'�'henever ihe city es�ablishes neu�
swamps,marshes.bo�s and similar areas.Wetlands exempt levels under this settion.it shall send them
do not include those anificial weilands in�eniion- to [he Department of� Ecology. Headquaners
ally created from nonwetland sites. including, but Office.Olympia.�'�'ashington under WAC 197-11-
not limited to, irrigacion and drainage ditches, 800(1)(c),.(Ord.5727 § 1.2003J
grass-lined swales, canals, detention facilitiu.
wastewater vea(ment facilities, farm ponds. and 16.06.060 Determination of cetegorical
landscape amenities. However, wedands do exemplioo. � ,
include those anificia] wetlands intentionally ae- A. 7'he ciry depanmem which receives an
atedfromnonweAandareascreaiediomiti�atecon- application for a proposal, or initiates a proposal
version of wetlands. if permitted and required by which is poientially sobject ro the environmental
the county or ciry. Anificial�Jedinds created from review requirements of SEPA. shall request the
nonwetland azeas for purposes of wildlifc enhance- responsible o�cial or the responsible official's
menG educaiion,aesiheiic or similar rcasons,when designee to make the following detertninations:
not pan of a compcnsatory (requirad) miqgation l. �✓hc[her the proposal is an "ac}ion" as
project,are not induded�yithin tFie wctland defini- defined by WAC 197-I1-704:and
uon. 2. If the proposal is an"acuon,"whether it is
"SEPA" means ChaPier 43'.21C RCW. caiegorically exempt from the requirements of
"SEPA rvles" mea`ns Ch;apter 197-11 WAC SEPA: and
adopied by the Depanment of Ecology.(Ord.4840 _ 3. lf the proposal is a nonexertipt action.
§ � �ggb.� whethu appropriate environmen(al review'of the
projen has been conducted or commenced.
16.06.040 Responsible olTicial designated. B. The responsible official or the responsible '
The director of the Aubuin depanment of plan- o�cia]'s designee shall be responsible for making'
ning and communiry devclopment, or his or her the final decision required by this secuon.
designee,shall be the SEPA responsible official for C. The ciry recognizes that the list of categori-
' the ciry and shall carry out.the daiiesand functions cal ezemptions included in the SEPA rules cannot
of the city when it is acting as the lead agency or as be relied upon as the final determination of when a
a cbnsulted agency under SEPA and the SEPA proposed projut, regazdless of it5 environmental
rvles.(Ord.4840§ 1, 1996.) impact, must comply with SEPA and this chapter.
Wherc the responsible officiel determines that e
`16.06.050 Timing of environmental review. proposal has a reazonable likdihood of causing
When a project permit ipplication is filed with more than a moderate adverse impact on environ-.
the ciry of Aubum �he city shall analyie the per- mrnial quality, whether that impact is direct, indi-
mit's environmenial impacts in one project re�iew rect or cumulative, environmental,reyiew under
process as provided in the Adbum Ciry Code,hera SEPA shall be conducted.
inafier referrcd to as"ACC".Title 14.The environ- D. lt is recognized that a panicular develo�
mental review shall be integrated with and be mem or land use, although othuwist consistent
processed concurrcntly with the attendant project with city regulations and policies, may create
permi)application. (Ord. 4840§ 1, 1996.) adverse impacts upon facilities, services, natural
sys)ems or the surrounding area when aggregated
with the impacts ot Prior or reasonably anticipated
fuwre developments. The ciry shall evaluate such
cumulative eovironmental irtipacts and make its
environmental de[emilnations and substantive
decisions accordingly.(Ord.4840§ l, 1996J
(Revised 7ID3) 16-6 . ' �
Auburn Cirv Code ]6.06.065
]6.06.065 Environmeutally sensitive areas. '
A. The followine areas of the environment are
desi�nated as eo��ironmentally sensitive areas pur
suant to RCW 36.70A.060 and WAC 197-!1-908: ''•
1. Aquifer recharge areas:
2. Fish and wildlife habitat conservation '
areas:
?. Freoueml�� flooded areas:
9. Geolocicalh hazardou� areas: and
j. Weilands.
B. Within each of these environmentally sensi- . .
tive areas. ihe responsible official shall implement �
city codes,ordinances.resolutions, plans and poli-
cies to conserve these areas and to preclude land
uses and development which cause significant
adverse impactsto these areas.
C. The city's "critica! area maps" provides the
general )ocation of environmemally scnsitive areas
within ihe ci_ry and is xdopted by this reference as .
if fully set fonh in this cFiapter:Site specific studies
wi]] be needed to iden�ify ihe precise location and
to assess the characteristics of the environmentally
sensiuve area. V✓henevcr there is eJidence of an.
environmentally sensitive arex located within or in
i
i
16-6.1 (Revised 7m3)
�
'1
This page lefl intentionally blank.
(Rev�sed�/os) ]6-6.2
Auborn Ciry Code 16.06.080
proximity to a nonexempt action, ihe responSible and may charge and collect fees from the applicant
official may requue site specific siudies io deter- to cover costs incurred by the ciry in prepaiation of
mine the location and characteristics ofthe enviroa- the checklist, if either of the following cvcum-
mentally sensitive area, and potential mitigating stances ezist: •
measures. (Ord. 4840 § I, ]996.) l. The city fias technical information on a
question or questions that is unavailable to the
16.06.070 En�ironmental checklist required. applicant: or
A. �'�'Nene��et a depanmen� deierminec that a 2. The applicant has provided inaccurate or
proposal is a nonexempt aciion for ��•hich appropri- incompleie information on previous proposals or
ate environmental re��iew has not been conducted on proposals currently under consi8eration.
or commenced, the depanmem shall prepare or F. 1f fees aze to be collected,the applicant shall
shal] require the adion proponent to prepare and be advised of the estimated costs, and shall,be
submit an environmental checklist. Upon comple- required to secure paytnent of such costs prior W
tion or receipt of a completed environmental the aaual prepazation of all or part of lhe environ-
checklist, the departrnent shall immediately trans- men)al checklist.(Ord.4840 § 1, 1996.)
mit.the following to the responsible official or the
responsible o�ciaPs designee: 16.06.080 Environmental Impact statemen�
1. 'I'he original, signed copy of the environ- A. Whenever the responsible official has issued
mental checklist; and a detennination of significance for a nonexempt
2. A copy of any completed application action, it shall be the responsbility of the individ-
form in the department's possession relating to the ual,corporadon, agency or eiry depaztrnent initiat-
proposal; and ing or proposing lhe action to prepare a dnft EIS
3. A copy of any project description, con- and a final EIS under the supervision of the respon-
ceptua]plan or plot plan which may have been pro- sible official. 7'he proposing individual, corpo;a-
pared or submined; and tion, agency or departmmt may contract with one
4. Any additional information in the depart- or more consultants to prepare or assist in the prep-
ment's possession touching upon the environmen- aration of an EIS, subject to the approval of t6e
ta1 impacts of the proposed action. � . responsible official. Consultants.shall be selected
B. The environmental review process shall based on their experiise and lmowledge related to
begin when an environmental checklist application the scoped environmental elements to be analyzed
is received by the responsible oflicial. lncomplete in Uie E1S documents. Regardless of who is
applications shall be retumed to the applicant for involved in the prepazation of an EIS,it is the EIS
completion as directed by the responsible official of the city and the responsible official shall be set-
as piovided in ACC Title ]4. Checklist applica- isfied that it complies with lhis chapter,with SEPA
tions indude the completed environmental check- and with the SEPA niles before it is issued.
list form together with any site plans, studies or B. The responsble official may determine that
other information needed to adequatdy roview the the city will complMe a11 or a patt of en EIS for e
application. private proposal with its own staff,or may contract
C. A department initiating a nonexempt ciry with one or more consultants to prepere or assist in
action may request that the responsible,o�cial or preparation of an EIS, and may charge and co]lect
the responsible o�ciaPs designee assist the fees from the applicant to cover costs incurred by
departrnent in preparing the necessary en4iron- the city in preparation of the EIS,if one or more of
mental checklist. the following circumstances exist:
D. 7'he provisions of this section shall not apply 1. The city has technical information on a
when the responsible offcial and the proponent of question or.question; that is 'unavailable to the
a nonexempt action agree in writing that the pra applicant;
posal is likely to have significant adverse environ- 2. 'fhe.applicant has provided inaccurate or .
menta] impacu, and further agree that an incomplete informauon on previous proposals or
environmental impact statemem (EIS) will be pre- on proposals currenily under consideration;
pazed. 3. 7'6e respons�b]e ofTcial and the applicant
E. The responsibl.e o�cial may determine that agree that the city will be responsble for complet-
the city wi11 complete all or a part of an rnviron- ing the E15.
mental checklist for a private proposal with its own C. If fees are to be co]leMed,the applicant shall
staff,or may contract with one or more consultants be advised of estimated costs,and shall be required
to prepaze or assist in preparation of a checklist,
��7 (Revised 3/04)
16.06.090
to secure payment of such costs prior to the actual mittal of a staff repon or staff recommendation on
preparation ofthe EIS. the proposal. •
D. Prior to the preparation of an E1S the appli- C. A final staff recommendation to the hearing
cant and the ciry shall enter into a wrinen agree- examiner or ciry council on a' nonexempt major
ment that shall at a minim"um contain who is ro action should normally be preceded by,or accom-
prepare the EIS, its es�imated cost, and esiimaied panied by, either a final DNS or an FEIS. (Ord.
time frame to complete the E]S process(Ord.4840 4840 § 1, 1996J
� l, 1996.)
16.06.]]0 Timing of decision on nonesempt
16,06.090 Public notice. action.
A. Whenever public no»ce is required under A. For nonexempt actions, the procedural
the SEPA rules,the responsible official shall cause requuements of SEPA, the SEPA rules and this
notice to be given in the following manner: chapter sha11 be completed prior to the city's issu-
!. By posting the subject property in accor- ance of a license,perrriit or other approval,prior to
dance with the applicable provisions of Chapter the ciry cammining(o a particular codrse of action,
. 1.27 ACC (site•specific proposals only). or prior to the city making a decision that would'
B. Additional public notice may be provided either have adverse environmental impacts or limit . •
for proposals having or potentially having unusu- the choice of reasonable altemativa.
ally widespread, unique or significant adverse B. A final decision on a nonexempt actioq for
impacu,or for other proposals,at the discretion of which a DNS hu been 'issued or EIS has been
the responsible official. ' required shall not be made unti] after expuation of
C. VJhere notice is requ'ued for a proposed the envuonmenta]appeal period if not appealed or,
action which has been proposed or initiated by a if appealed,shall not be made until the decision on
parry other than lhe city or a city departrnent, the the appeal becomes final. (Ord. 4840§ 1, 1996.)
cost of newspaper publieation of such notice or
notices shall be bome:by the city wi�h fees paid by 16.06.120 Authority to condition or deny
the proponent or applicant. (Ord. 5811 § 4, 2003; proposals.
Ord.4840§ 1, 1996.) � A. 7'he policies and goals set forth in and refer-
"' enced by this chapter aze supplementary to those in
16.06.100 Internal circolation of the exis{ing authoriiation of the city.
environmental documents. B. 7'6e ciry may attach conditions to a permit or
Relevant environmental documents shall approval for a proposal so long as:
accompany proposals through existing city project 1. Such conditions are necessary to mitigate
review processes. The responsible official shall probable significant adverse environmental im-
ensure that enviionmental documents are provided pacts identified in environmental documents pre-
to decision makers in the following manner: pazed pursuant to this chapter, and
A. Where a nonelected city offcial is to make a 2. Such conditions are in writing;and
final decision on a nonexempt action,the responsi- 3. 7'he mitigation measures included in sueh
ble official shall provide that deciding official with conditions are reasonable and capable-of being
a copy of a determination of nonsignificance accomplished;and
(DNS)or a final E1S upon issuance of the DNS or 4. The city has considered w6ether other
FEIS. local,state,or federal mitigation measures appliea-
B. Where the planning commission, hearing ble to the proposal are sufficient to mitigate the
examiner or other ad�isory body is to make a rec- identified impacts; and
ommendation on a nonexempt action,the responsi- 5. Such conditions aze based on one or moie
ble official shall vansmit to the advisory body a policies, plans, rules or regulations designated in
copy of one of the following: ACC 16.06.130 as a basis for the exercise of sub-
]. Environmenta] checklist; stantive SEPA authority under RCW 43.21C.060,
2. Determinationofnonsignificance(DNS); and cited in writing in the license, peiruit, ordi-
3. Drafl environmental impact statement nance or other decision document.
(DE1S); C. 'fhe ciry may deny a perrnit or approval for a
4. Final environmental impact statement proposal on the basis of SEPA so long as:
(FEIS). I. A finding is made that approving the pro-
Transtnittal of the appropriate environmental p.osal would result in proba6le signifcant adverse
document shall either precede or accompany trans- environmental impacu that are identified in a final
(Revised 3/04) 16-8 -
Aoburn City Code 16.06.210
EIS or fina] supplemental EIS prepared pursuant to authority to approve, condition or deny proposed
this chaprer; and actions under RCW 43.21C.060 of SEPA;
2. A fnding is made thai there are no rea- A. Aubum comprehensive plan and rela[ed
sonable mitigation measures capable of being reports and studies oudined in Appendiz B;
accomplished tfiat are suffciem to make the iden- B. Shoreline,management master program;
tified impaa nonsignificant; and C. Aubum City Code; '
3. The denial is based on one or more poli- D. Aubum downtown plan;
cies, plans. rule� or regulaiions de�i�nated in ACC E. Aubum capital improvements plan;
16.06.130 as a basis for ihe exercSse of subsianti��e F. Six-year street plan;
SEPA auihoriry under RCW 43.21 C.060,and cited G. Auburn Muriicipal Airpon master plan;
in writing in the license,permit,ordinance or other H. Energy management plan. (Ord. 4840 § 1,
decision document. 1996.)
D. If the lead agency determines, after the ini-
tia] review of a project, iha} a proposed action 16.06:200 City responsibilllies as consulted '
could not comply with adopted plans, policies, agency.
niles or regulations,and where the city has author- ln cazrying out the ciry's duties as a consulted
ity other than SEPA to deny the proposal, the agency,the responsible official shall reqnest inTor-
project can 6e denied outright without making a mation from any depaztment potentially affected
threshold deterrriination, and shall be cited in writ- by or having expenise on a proposal. Information
ing. Proposed actions 'which are subsequendy timely recei4ed by the responsible official in
modified, amended or deemed �o be consistent response to such request shall be transretitted to the
with adopted plans, policies, rules or regulations ]ead agency.The responsible official may transmit
shall not receive final approval until the proposed such information by forwarding copies of any
action is in fiill compliance with SEPA, the SEPA depanment responses or by consolidating all
rules and this chapt6r. ' department responses into e single city response.
E. Where the responsible official has issued a (Ord.4840 § 1, 1996.)
mitigated DNS, the decision maker shall not
approve the associated proposal unul: 16.06.210 Use of non-SEPA documents.
1: The proponent has modified the proposal, A. I}' deremnned by the responsible official,
either through modification of plans and other existing plans,regulations,rules;or other laws that
applicauon materials or through a separate written provide a functionally equivalent analysis of the
insW ment attached to the application,such that the specific adJerse impacts of a proposed project that.
mitigating measures of the mitigated DNS become has already occurred and is availa6le or�yill occur
part of the proposal; or before action is taken on a proposed project may be
2. The decision maker has incorporated the used to forego the environmental analysis required
mitigating measuies of the mitigsted DNS into the under this title. If non=SEPA documents are used
license, pertni4 ordinance or other approval, the responsible official shall make appropriare
through condiuons attached pursuan� to this chap- findings and conclusions to suppott the use of such
ter:or documents.
3. A combination of subdivisions 1 and 2 of B. If determined tiy the responsible official;
this subsection. ' exisdng plans,regulations;rules,or other laws that
F. �'here mitigating measures are agreed to adeguately mitigate the projects specific adverse
under subsection (E)(])of this section,or imposed environmental impacts may be used; in lieu of
under subsection (E)(2) of this section, and where SEPA mitigating conditions,as long as the project
- the proponent fails to implement such mitigating approval is explicitly condigoned on compliance
measures, the ciry shall have the authority to with the requirements or mitigation measures so'
revoke any permit, license or other approval that the specific adverse endvonmental impacts are
granted on the basis of such mitigating measures. adequately mitigated.If non-S�A documents are ,
(Ord. 4840 § ], 1996.) used,the responsible official shall make appropri-
ate fmdings and conclusions to suppoct the use of
16.06.130 Substantive authority. such mitigation and to ensure compliance with the
The city adopts by reference the following poli- requvements of the non-SEPA documents. (Ord.
cies, plans, niles and regulations, as may be 4840§ 1, 1996.)
amended, as a basis for the exercise of substantive
- ]6.9 � (Revised4R6)
16.06:220
16.06.220 Environmental appeals. shall be on the appellant io establish that the deter-
Any person aggrieved of a final threshold deter- mination is in error. (Ord. 4840§ 1, 1996.) .
min"ation of significance, final detertnination of
rtonsignificance, or inadequacy of a fnal EIS may 16.06.310 Decision of the hearing examiner.
file an appeal with the city hearing examiner. A. Upon the basis of all of the information
Appeal of imertnediate steps under SEPA (e.g., received in a hearing, and all information relied
lead agency determination, scoping.drafl E1S ade- upon by�he responsible official,the hearing exam-
quacy)shall not he 311owed. (Ord.4840§ 1. 1996J iner shall prepare a writien decision, including
findin�s of faci and conclusions.
]6.06.230 Time limi�a�ion on appeals. B. Tlie hearing examiner may sustain, sustain
A written no�ice of appeal identifying the with conditions, reverse, or remand to the respon-
grounds for appeal musi be filed with the city derk, sible official the threshold dete�iniiiation. (Ord..
on(orms provided by the city clerk,within 14 days 4840 § 1, 1996.) : • .
of the date of mailing �he final threshold de)ermi-
nat�on of significance, final determination of non- 16.06.320 Dismissal of appeal.
significance or final EIS. 7'he ciry shall eztend the The hearing ezaminer may,summarily dismiss
appeal period for amadditionalseven days for final an appeal witHout hearing, when such appeal is
mitigated detertninations of nonsignificance and deterrnined by the heaTing ezamin6r to be without
final EISs. (Ord. 4840 § 1, 1996.) merit on its face, frivolons, or brought merely to -
impede a proposal or secure a delay. (Ord.4840 § '
16.06.240 Fee to accompany notice of appeal: 1, 1996.)
A fee of $]00.00 shall accompany the �vritten
notice of appeal and be filed within the appeal 16.06.330 Council review—Limitatlons for
period with the city derk:No notice of appeal shall appeals.
be accepted unless accompznied by full, payment A. 7'he decision of the hearing examiner on a
of the filing fee.71iis fee shall be utilized to cover threshold determination appeal may be appealed to
publication costs, mailing, and otfier costs diiecdy ihe ciry council in accordance with the provisions .
associated with the appeal. (Ord.4840 § 1, ]996�) of RCW 43.21C.060 and 43.21C.075:Any such,
_.. - - _ __ ._ . _.....__i--_----aPPea1 allowed �y RCW �321C;060—�and
16.06:250 Notice of hearing. 43.21C.075 must be 6rought ivithin the tirr�e limits
A notice of appeal timely f led shall be transmit- specified in ACC 18.66.160:
�ed by the city clerk to tFie hearing examiner and B. Such council review shall be conducted on
ihe SEPA responsible official. The hearing ezam- the record compiled by the hearing ezaminer;con-
iner shall determine the date, time, and place of a sistent with other applicable law. (Ord:4840 § 1,
hearing to consider the appeal of final EISs, and 1996.)
shall notifythe panies thereof. Oiher appeal hear-
ings shall, be scheduleA in accordance with ACC 16.06.340 Violation—Penalty.
18.66.130. (Ord.4840 § 1; ]996.) Any violation of this chapter or of the standards,
regulations or procedures adopted pursuant to this
16.06.260 Hearing. chapter shall be enforced pursuant to the provi- . -
A hearing upon an appea] shall be conduc�ed by sions of Chapter 1.25 ACG.(Ord.4840¢ 1, 1996.)
the hearing examiner and, where applicable, the
appeal hearing shall be consolidated with any othu
hearing required on the related proposed acuon as
required in ACC Title 14.(Ord..4840 § 1, 1996:)
16.06.270 Testimony—Recording.
All testimony taken at any hearing shall be taken
under oath:The hearing shall be recorded electron-
ically. (Ord.4840 § 1, 1996.)
16.06.300 Substanlial weight—Burden of
prooL
A �hreshold determination by �he responsible
official is entitled to substan)ial weight.The burden
(Revised a/s6) 16-10
16.08.040
Auburn Ciry Code
Chapter ]6.08 ier.(Ord.4840§ 1, 1996;Ord.4225§ 1, 1987; 1957
code § 11.94.OIOJ
SUBS7'ANTIAL SHORELINE �6.08.020 Definitione.
DEVELOPMENT PERMITS� As used in this chapter.
Sections: A. "Act"means Chapta 286 of the State Laws
]6.08.010 Chapier purpose and iment. of]971,Extraordinary Session,lhe Shoreline Man-
]6.OS.020 Defmiiions- a�ement Act and state departmental regulations
16.08.030 Administration and enforcement. pursuam thereto, induding any amendments
16.08.040 App���ation—Generally. thereto.
16.08.050 Application—No�ices. B. "Comminee" means t6e planning and com-
16.08.060 Application— Review criteria— muniry development committee of the city cou�il.
Additional information. C. "Definitions by reference"means the defmi-
]6.08.070 Developmem conformance burden of tions and concepts set forth in Section 3 of the Acl,
proof. and staie departmental definitions adopted pursu-
16.08.080 Application—Hearing—Required. ant thereto wfiich shall also apply as used in this
16.08.090 Application—Hearing—Official chapter as they would pertain to shorelines within
conducting. the ciry limits.
16.08.100 Application—Hearing—Continuance. D. "Directoi'means tlx direMOr of the depazt-
16.08.110 Application— Hearing-Decision. ment of planning and community development of
16.08J 20 Application—Hearing—Rules of the ciry, or his duly authorized designee. (Ord.
conduct. 4840 § 1, 1996; Ord. 4225 § 1, 1987;Ord. 4047 §
16.08.130 Application—Deeision final: 71, 1985; 1957 code § 11.94.020.)
16.08.140 Grant ordenial decision—
Notifications. 16.08.030 Administration and enforcement
16.08.150 Development commencement time. A. The director sha116ave the responsibiliry for
16.08.160 'fermination or review and extension the administration of the pertnit system pursuant tn
for nondevelopment. i the requirements of the Act end regulations
16.08.170 Conditions or restrictions au}horized. adopted and promulgated 6y the State Department
16.08.180 ]ssuance ]imitations. of Ecblogy as pertains W the city.
16.08:190 Decision appeals. B. 7'iie ciry anomey shall bring such injunctive,
16.08.200 Rescission or modification. declaratory or other aMions, which shall include
16.08.210 Violation—Penalry. the provisions of Chapter 1.25 AC6,as are neces-
16.08.220 Administration rules promulgation. sary to insure that no uses ere made of the shore-
lines of the city in conflict.with the provisions of
16.08.010 Chapter purpose and intent. A�is cHapter or the Shoreline Meaagement Act or in
]t is the inieniion of the city council that the pro- conllict with the master plen, rules or regulalions
visions of this chapter will promulgate.and adopt a adopted pursuant thereto,8nd to othenvise enforCe
program for the administration and enforcement of the provisions of this chapter and the Act. (Ord..
a permit syscem that shall implement by reference 4840 § 1, 1996;Ord.4504§ 14, 1991;Ord.4225§
the 3tate Shoreline Management Ad of ]971, 1> 1987; 1957 code § 11.94.030.)
Chapter 286,Laws of 1971,Eztraordin_ary Session,
. Chapter 90.58, and the State Department of Ecol- 16.08,040 Application—Generally.
ogy regulations and guidelines adopted as Chapters ln addition to the requirements for a completed
173-14 and 173-16 WAC together with amend- application as set forth in ACC Title-14, applica-
ments and/oradditions thereto, and to provide for tions for substantia] development permits, vari,
the implementation of the policy and standards as ances and conditional use permits shall be .
set forth in the aforesaid laws and regulations which completed on forms provided by the diredm.7'he
are by reference made a paA of this chapter with the application shall be subs[antially consistent with
force and effect as though set out in full in this chap- the information requ'ved by WAC 173-14-1]0.
'fhe director shall determine if the application is
complete liased upon the information required by
this chapter. The application may be submined by
1.For provisions of the Shoreline Management At� ue Ch. �?e pioperty ownei, Ie55CC, cOntreCl pu�haSCT,
90.58 RCw. other person enutled to possession of the proper}y,
�6_�� (Revised 3I04)
16.08,050
or by an authorized agent. (Ord. 4840 § 1, 1996; 16.08.080 Application— Hea�ing—Required.
Ord. 4225 § 1, 1987; Ord. 4047 § 72, 1985; 1957 A. 'The hearing examiner shall hold at leest one
code § 11.94.040(a).) public hearing on each application for a substantial
development on shorelines within lhe city. The
]6.08.050 Application—Totices. public hearing shall be held not less than 30 days
7'he d'uector shall @ive notice of the application following the final publication of the notice �
in accordance with the applicable pro��isions of required by ACC 16.08.050.
ACC 14.07.040. B. The nbtice and conduct of the public hearing
The notices shall include a staicmcnt thai :�m shall be in accordance �+ith Chapter 18.66 ACC.
person desiring to present his vfew io ihe direcior (Ord. 4840 § 1, 1996; Ord. 4225 § l, 1987; 1957
with regazd to the application may do so in writing code § 11.94.OS0(a).)
to the d'uector, and any person interested in the
hearing exaininer's action on an application for a 16.08.090 Application— Hearing—OfTiciel
permit may submit his �iews or notify the director conducting.
ofhis interest within 30 days of the]ast da�e of pub- The public hearing reqoired by ACC 16.08.080
lication of the notice: Such notification or submis= shall be conducted by the hearing examiner. (Ord.
sion of views to the director shal] entitle said 4840 § 1, 1996; Ord. 4225§ 1, 1987; 1957 code
persons to a copy of the action taken on the appli- § 11.94.050(b),)
cation.(Ord. 5811 § 5,2003;Ord. 5170 § 1, 1998;
Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 16:08.100 Application— Hearing—
4047 § 73, 1985; 1957 code § 11.94.040(b).) Continuanee
]f,for any reason,testimony on any matter set for.
]6.08.060 Application— Reviewcriteria— publichearing,orbeingheard,cannotbecompleted
Additional information: on the date set for such hearing,the hearing exam-
A: The duector shall review an application for iner may, before adjouminent or iecess of such
a permit based on the following: matters under consideration,publicly announce the
1. The application; time and place of the continued hearing and no fur-
2. 77ie environmemal impact statement, if ther notice is required. (Ord. 4840 § l, 1996; Ord.
one has been prepared or other environmental doc- 4225 § 1, 1987; Ord. 4047 §'74, 1985; 1957 code
uments; § 11.94.050(c).)
3. Wrinen comriienu from interested per-
sons; 16.08:110 Application— Hearing—Decislon.
4. Information and comments from other When the hearing examiner rrnders a decision,
city deparnnents affected and from the city anor- the h_earing examiner shall make and enter written
ney; findings from th"e record and conclusions thereoi'
5. Independent study of the planning depart- which suppori the decision. The findings and con-
ment staff and evidence presented at the public dusions shall set forlh the manner in which'the
hearing held pursuant to provisions of this chapter. decision is consistent with the criteria set fort6 in
B. The d'uector may require that an applicant the State Act and departmental regulations. (Ord:
fumish information in addition to the information 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord 4047 §
required in the application forms prescribed. (Ord. 75, 1985; 1957 code § 11.94.050(d).)
4840§ 1, 1996; Ord. 4225 § 1, 1987; 1957 code
§ 11.94.040(c).)
16.08.070 Development conformance burden
of prooL
TNe burden of proving that the:proposed devel-
opment is consistent with the criteria set forth in
Section 2 of the Act and the master plan for the ciry
shall be on the applicant,plus the requiremenu pur-
suant to Section 14(6) of the Act (Ord. 4840 § 1,
1996;Ord.4225 § 1, 1987; 1957 code § 11.94.040
(a)•) .
(Revised 3IDa) 16-12
, �
Auburn City Code 16.08.190.
16.08.120 Application—Hearing— Rules of 16.08.160 Termination or review and extension
conduct. for nondevelopment.
The hearing examiner shal] have the power to Conswction or subs}antial progress toward con-
prescribe rules and regulationsfor the conduct of swction of a project for which a pertnit has been
hearings and to issue summonses for and compel granted pursuant to this chapter must be undertaken
the appeazance of wimesses, �o adminisier oaths, wi�hin two years after permit approval or the pennit ,
and to preserve order.The pri��ile@e of cross-exam- shall rermioate.lf such progress has nol been made,
ination of witnesses shall be accorded all imere�ted a new permu applicauon u�ill be requi�ed if a
persons or their counsel in accordance ���ith the ptojen for�+�hich a permii has been �ramed has not
riiles of the hearing examiner.(Ord.4840§ l, 1996; been compleied within five years after permit
Ord. 4225 § 1. 1987; Ord. 4047 § 76, 1985; 1957 appro�al,the director shall, at the expiration otthe
code § 11.94•O50(e).) five-year period, review the permit; and, upoa a
showing of good cause,either extend the pernut for
16.08.130 Application-Decision final. one year or terminate the permit;provided,lhat no
Thedecision of the hearing examiner shall be the permi) shall be extended unless the applicant has
final decision of the city,unless appealed to the ciry requested such review and extension prior to the . ,
council. On al] applications the hearing ezaminer permit expiration date. (Ord.4840 § 1, 1996; Ord.'
shall render a written decision and transrtiit copies 4225 § 1, 1987; 1957 code § 11.94.060(c).).
of such decision to persons who aze required to '
receive copies of the decision pursuant (o ACC 16.08.170 Conditions or reslrictions
16.08.140. (Ord. 4840 § 1', 1996; Ord. 4225 § 1, authorized.
1987;Ord.4047§77, 1985; 1957 code§ 11.94.050 In granting or extending a permit, the director
�� � may anach thereto such condiuons, modifications
and restrictions regarding the location, character
16.08.140 GranCor def�ial decision- and other featuFes of the proposed development as ;
Notifications. he finds necessary to make the pertnit compatible
The d'uector shall notify the following persons with the criteria set forth in the Act, and state
in writing of the hearing examiner's final approval, departmental regulations. Such cond.itions may _
di§approyal or conditional approval of a substantial include the requirement to post a pedormance
development permit applicadon within eight days bond assuring compliance with other pemut
of its final decision: requirements, terms and conditions: (Ord. 4840 §
p. The applicant; 1, 1996; Ord. 4225 § 1, 1987; 1957 code. §
B. The State Department of Ecology; 11.94.060(d).)
C. The S�ate Attorney General;
D, pny person who has su6ri�ined to the direc- 16.08.180 Issuance limitations.
tor written comments on the application; ]ssuance of a substantial development pemut
g, Any person who has wriiten ihe director does not obviate requiremen)s for othe[ fedetal,
requesting notification. (Ord.4840 § 1, 1996;Ord. state and counry permits, procedures and regula-
4225 § 1. 1987;Ord.4047 § 78, 1985; 195')code§ tions. (Ord. 4840 § 1, 1996;.Ord. 4225 § 1; 19$7;
11.94.060(a).) 1957 code § 11.94.060(e).).
16.08.150 De��elopment commencement time. 16.08.190 Decision appeals:
Development pursuant to a sutistantial develop- A. Any person aggrieved by the granting,deny-
ment permit shall not begin and shall no}be antho- ing or rescission of a substantial development.peo- .
rized until 21 days from the date the director files mii by the hearing examiner may seek review from '
the approved substantial.development pertnit with the city council 6y fling a request for the same
the State Depanment of Ecology and Attomey with the council within ]0 days of mailing the
General, or until all review proceedings initiated hearing examiner's final decision.
within 21 days of the date of such filing have been B. Any person aggrieved by the granting,deny-
terminated. (Ord. 4840 § 1. 1996; Ord. 4225 § ], ing or rescission of a substantial development per-
1987; Ord. 4047 § 79, 1985; 1957 code § mit by the ciry council may seek review from the
11.94.060(b):) State Shorelines Hearings Boazd by filing a peti-
tion for re4iew with the board within 21 days of the
date of filing,as defined by RCW 90,58:140(6),of
the counciPs final decision. V✓ithin seven days of
l6•13 (Re�setl a�96)
16.08:200
the filing of the peiition for review with�he board,
the person seeking reqiew shall serve a copy of his
petition with the State Depanment o(Ecology, the
office of the Attorney General and the director.
(Ord. 4840 § ],-1996; Ord. 4225 § 1, ]987; Ord.
4047 § 80, ]985; ]957 co.de § 11.94.070.)
]6.08.200 Rcscission or m�!dilicalion.
A. Any permi� granted pursuam io ihfs chapier
may be rescinded or modified upon a finding by
the director thai the permittee has not complied
with the conditions of his permit.
B. The direc�or may initizte rescission and
rraodification proceedings by serving written notice
of noncompliance oo the permittee.
C. Before a permit can be rescinded or modi-
fied, a public hearing shall be held by the hearing
examiner no sooner than 30 days following the ser-
vice of nouce upon the pertniitee. The hearing _
examiner shall hade �he power to prescribe ru]es
and regulations for the conduct of such hearings.
(Ord. 4840 § 1, ]996; Ord. 4225 § 1. 1987; Ord.
4047 § 81, 1985; ]957 code § 11.94.080.)
16.08.210 Violation-Penalty.
A. 7'he criminal and civil penalties contained in
the provisions of the State Act are hereby adopted.
B. In addition to the penalties adopted in sub-
__.,.—__ . -
section A of this section,any violation of this chap-
ter may be enforced pursuant to the pro4isions of
Chapter 1.25 ACC�. (Ord. 4840 § 1, ]996; Ord. -
4504 § 15, 1991:Ord.4225 § 1, 1987; 1957 code§
1].94.090 J
16.08.220 Administration rules promulgation.
7'he director is authorized to adopt such rules as
are necessary and appropriate to implement this
chaptu. The director may prepare and require tiie
use of such forms as are nuessary to its adminis-
tration.(Ord.4840§ 1, 1996:Ord.4225 § 1, 1987;
1957 code § 11.94.100.)
(Revised 4/96) 16-14 .
11
Title 17
SUBDIVISIONS•
Chapters:
17.02 General Pro��isions
17.04 Definitions '
17.06 Preliminan� Plat
17.118 1 mpro�rmrnl 17rthudo-
17.10 Final Plats
17.12 Subdivision lmprovements
17.14 Shorl Subdivisions
17.16 Lot Line Adjus)menls
17_18 Modifications
17.20 Vacations .
17.22 Alterations '
17.24 Amendments
•For stewtory proviaons on We regulation of pleis,subdivisions and dedicauons of]and,see Ch.58.17 RCW:for protisions on snb-
divisions of]and in code cities,see Ch.33AS8 RCW.
Fot provisions on requitements of laying CA7V condui�s underground by developers or landoumets,see ACC]336.130.
]7.] (Revised 9/9B)
Aubnrn City Code 17.02.060 .
Chapter 17.02 I. Require uniform monumenting of land diyi-
sions and conveyance by accurate ]egal descrip-
GENERALPROVISIONS uon;
]. Implement the goals, objecfives and policies
Sections: of the Aubum comprehensive plan; -
]7.02.010 Shon ti4e. K. Prevent or abate public nuisances. (Ord: ,
]7.02.020 General auihoriry. 4772 § 1, ]995; Ord. 4501 § 2, 1991; Ord. 4296§
17,02.030 Purpose. 2, ]988J
17.02.040 Scope.
17.02.050 Exceptions. 17.02.040 Scope.
17.02.060 Adminisvation. Every division of land lying within the corporate
' 17.02.070 Gonsent to access. limits of the city shall comply with the piovisions
17.02.080 Enforcement. of this title,except as provided by ACC 17.02.050,
17.02.010 Shori title. and shall also comply with the provisions of Cha� .
The ordinance codified in this title, together �er 58.17 RCW. Wherevv conflicts may arise
with any amendments hereto,shall be known as the between this title and Chaptar 58.17 RCW,the lat- ' ,
"Aubum Land Division Ordinance" of the city �r shall prevail.lt shall be the responsibility of the
which shall constitute Title 17 of the Aubum Ciry Property owner, applicant and ihe city to ensdre
Code and shall hereafter be referred to as "this �at a land division complies wilh this tide and �
tiAe.' (Ord.4501 .§ 2, 1991:Ord.4296 § 2, 1988.) �apter 58.17 RCW. No bailding pertnit, sepdc
tank permit or other development pemut shall be
17.02.020 General authority. issued for any lot,vact or parcel of land divided in
This title is adopted under the authoriry of Chap- �iolation of this title or Chapter 58.17 RCW unless
ters 35A.01,35A.58 and 58.17 RCW.(Ord.4501 § ►he suthoriry authoriud to issue such pertnit fmds
2, 1991; Ord.4296 § 2, 1988.) that the public interest will not be adversely �
affected thereby. (Ord.4501 � 2, 1991; Ord. 4296
17.02.030 Purpose. i $ 2,1988.) _
- The purpose of this tit]e is to regulate the di4i- ' - '
sion of land lying within the corporate limits of the 17.02.050 Exceplioaa.
ciry, and to proinote the public health, safety and '('►�e provisions of this title shall not apply to:
general welfare and prevent or abate public nui-. p. Cemeteries and other bwial plots while used
sances in accordance with standards established by for that purpose;
the state and the city, and to:� B. Divisions made by testamentary provisions
A. Prevent the overcrowding of land; or the laws of descent;,
B. Lessen congestion and promote safe and C. Assessor's plats made in accordance �vith
convenient vavel by the public on sVeets and high- RCW 58.18.010;
ways; D. Lot line adjustments. for existing lots of
C. Promote the effective use of land; record, provided that such adjustrnents are made
D. Provide for adequate light and eir; consistent with the provisions of Chapter 17.16
E; Facilitate adequafe provision for water,sew- p�.�Ord.4501 § 2, 1991;Ord.4296 ¢2, 1988.)
enge, drainage, pazks.and recreational areas, sites
for schools and school grounds, and other public ��,02.060 Administration.
requirements; This tide shall be administered by the director of .
F. Provide for proper ingress and egress;
G. Provide for the expeditious review "and �e department of planning and community deyel-
approval of proposed land diJisions which comply opment.All applicauons for land division approval
with�his tiUe;the Aubum zoning ordinance,ottier under this title shall be submitteA to the department
city plans,policies and land use controls,and Chap- of planning and community development.In cases
ter 58.17 RCVV; where an environmental impact statement is
H. Adequately provide for the housing and required under the provisions of the State Envvon-
commercial needs of the ciuzens of the state and mental .Policy Act (SEPA — Chapter 43.21C
��h,� RCW), the department shall not be considered to
be in receipt of an application, for the purpose of
complying with time limitations established by this
17.3 (aeNeed e�esj
,
».oz.o�o
title, until the date of issuance of a fmal enviroo- Chapler 17.04
mental impact statement. (Ord. 450] § 2, 1991;
Ord.4296§ 2, 1988J DEFII�'ITIONS
17.02.070 Consent to access. . Sections: ,
Persons applying for land division or lot line 17.04.010 Generaldefmitions.
adjustment appro4al under this ti4e shall pemvt 17.04.020 ACC.
free access w the land �ubjeci w ihe applicaiion. io 17.04.030 Applicant.
all agencies considering ihe proposal, for the 17.04.040 Application.
Period of time extending from the time of applica- 17.04.050 Binding site plan.
tion to the time of final action. (Ord. 4501 § 2, 17.04.060 City.
7991;Ord.4296 § 2, 1988.) 17.04.070 Code.
17.04.080 Commission.
17.02.080 Enforcement 17,04.090 Comprehensive plan. .
7T�e building official, or his designee, pursuant 17.04.100 Council.
to the provisions of Chapter ].25 ACC, sha11 be 17.04.110 Dedication, '
charged with thb responsibility of enforcing the 17.04.120 Departrnent.
provisions of this tide or any conditions properly 17.04.130 Development pertnit
imposed by the hearing ezaminer, planning com- 17.04.140 Director.
mission or city council.(Ord.450� § 2, 1991;Ord, 17.04.150 EIS or environmental impact.
4296§ 2, 1988.) ' statement.
17.04.160 Final plat.
17.04.170 Hearirig examiner.
17.04:180 Improvements.
' 17.04.190 Land division.
17.04.200 Lot,
17.04.205 l.ot area.
_ , i 17.04.210 Lot line adjnstment. . . ..:
17.04.2?A Lot of record.
17.04.225 Monum6nt.
17.04.230 One percent flood ha�ard area.
17.04.240 Panhandle.
17.04.250 Planning agency.
17.04.260 Planning co`irirrussion.
17.04.270 Preliminary plat
17.04.280 Public way.
17.04.290 RCW.
17.04300 Regulatory floodway.
]7.04310 Re'sponsibleo�cial.
17.04:320 Shoit plaz.
17.04.330 Shor[subdivision: '
17.04.340 Street.
17.04,350 Street,half.
17.04:360 Street, private. ' .
17.04:370 Street,public.
17.04.380 Subdivision.
• 17.04.390 USC and GS.. .
17.04.400 USGS.
17.04.410 Zoning ordinance.
17.04.010 General deGniUons.
Except where spec�cally defined in this cha}r
ter,all words,used in this tiAe shall carry iheir cus-
tomary meanings.Words used in the presenl tense
include the fiiture, and the pldral includes the sin-
(Revised B/95) � 17-4 . �
1
. " ���0���� '
Aubum Cify Code
gular; the word "he" or `'his'' shall also refer to 17.04.100 Council.
"she" or"her," the word "shall" is always manda- "Council"means the Auburn city council.(Ord.
tory,che word"may"denoCes a use of discretion m 4296 §2, 1988.)
making a decision,the words'�ised"or"occupied" ,y
shall be considered as though followed by the 17.04.110 Dedication.
words ''or intended, arran@ed or designed w be "Dedication" means the deliberate con4eyance ,
used or occupied." (Ord. 4296 � 2. 1988.) of land by an owner or owqers to the city for any
general and public uses, reserving to the owner or
17.04.020 ACC: owners no oiher rights than such as are compatible
"ACC" means the Aubum City Code. (Ord. with the full exercise and enjoyment of the public
4296 § 2, 1988.) uses io which t}ie property has been devbied. Tlie
intention to dedicate shall be evidenced by the
17.04.030 App�icant owner or owners presenting for filing a final plat
++ppplicant" means the owner or owners of showing the dedication lhereon.Acceptance by the
record of the property subject to an application for ciry stiall'be indicated by the approval of the city
land division or lot line adjustment, or the author- council, as evidenced by the presence of the.may-
izad representative of sach owner or owners.(Ord• 4296 �1988� �he face of the final plat. (Ord.
4296 $ 2, ]988.)
17.04.040 Application. , 17.04.120 Depaitment
"Application" means a11 of the application "DeparvnenP' means the city department of
forms, plans and accompanying documents planning and communiry development, or its suo-
requiied_by [his tiUe for any paiti�ular land divi- cessor,unless othenJise specified.(Ord.4296 ¢2,
sion or lot line adjustrnent reqbest. The ciry shall 19g8•)
not be considered to be in receipt of an applicarion
under this utle until the planning director has veri- 17.04.130 Development permlt
fied that an application is complete.(Ord.4�96§2; "Development permit"means any pemtit issaed
1988.) by the ciry.allowirig the physical alteration of real. .
_ _
property,including bat nbt limited to uilding con-
17.04.050 Binding site plan. swcuon, sveet construction, utiliry conswction
"Binding site plan" means a drawing prepared or installation, grading, filling or excavating.
pursuant to ACC 18:20.060,and showing the loca- Approval of a subdivision,short subdivision;bind-
tion and general characteristics of sveets, utilities ing site plan,or lot line adjustrnent shall not be con-
and other physical features of property diyided sidered a"development pemtit"for the putposes of
undu the procedures of Chapter ]8.20 ACC.(Ord. this title.(Ord.4296� 2, 1988:)
4296§ 2, 1988.)
17.04.140 Director.
17.04A60 City. "Director'means the director of tHe city depart-
"Ciry" means the city of Auburn, �'�'ashington. ment of planning and community development,or
(Ord.4296 § 2, 1988.) its successor, unless otherwise spec�ed. (Otd.
4296 § 2. 1988.j
17.04.070 Code.
"Code" means the Anb.urn Giry Code. (Ord. 19.04.150 EIS or environmenlal impact
4296 § 2, 1988.) statement
"EIS or "env'vonmental impact statemenY'
17.04.080 Commission. means a document prepared to assess the environ-
"Commission" means the planning comrnission mental impacis of a proposal which has been -
of the ciry as established by Chapter 2.45 ACC. judged to have, or to likely haye, e significant
(Ord.4296 § 2; 1988 J adverse:effect upon the qualiry of the environment
pursbant to the State Endvonmental Policy Act of
17.04.090 Comprehensive plan. 1971 (Chapter 43.21G RCVV), as now constituted
"Comprehensive plan' means the comprehen- or hereafler amen8ed.(Ord.4296 § 2, 1988.)
. sive plan for the Aubum planning ares, as nocv
constituted or hereafter aznended, ar its successor. 19.04.160 �nal plet
(Ord.4296§ 2. 1988.) "Final plat"means the fina] drav✓ing of a subdi-
l7•S
1 ,-
17.04.17U
vision and dedication prepazed tor filing for record 17.04.220 Lot of record., ;-; - „
with the counry auditor; and containing all ele- "Lot of iecord" means a bt wfich ha3 been"'
ments and requirements as set forth in Chapter recorded by the counry and'appears on the offcial
l7.]0 ACC and as set forth in Chapter 58.17 RCW. maps of the counry assessor.(Ord.4296§2, 1988.)
(Ord.4296 § 2, 1988.) �
17.04.225 Monument. �
]7.04.170 Hearing caaminer. "MonumenP' means a permanent rype survey
"Hearing examiner" means ihe ci�y hearinp marker which confortns io ihe ciry standard detail
examiner, as established by Chapter 18.66 ACC. 4296 § Z, �qgg� or an approved subsii�uie. (Ord.
(Ord.4296 § 2. 1988.)
17.04.180 Improvements. 17.04.230 One penent flood hazard area.
•'Improvements" means the sveets, sidewallcs, "One percent ilood hazard area"means the land
street lights, fire hydranu, siortn water facilities, within the city which has been detemrined to have
sanitary sewer facilities, domesdc water facilities, a one percent or greater probabiliry of flooding in
and other uulities and facilities required by this any ��en year. as indicated on maps preparad
title to be conswcted in conjunction with any par- under the National Flood lnsurance Program enti-
ticular land division. (Ord.4296§ 2, 1988.) tled ''Flood Bound_ary and F7oodway Map:' (Ord.
4296§ 2, 1988.)
17.04.190 Land division. � r 17.04.240 Panhandle.
"Land division" means the creation af any new
lot or lou for the purpose of sa1e, lease or transfer "Panhandle" means an irrega�er extension or
of ownership,whether such lot or lots is created by prowsion of a lot,created for the.purpose of pro-
subdivision,short subdivision,or binding site plan. viding such lot with frontage on a public or private
(Ord.4296¢ 2, 1988.) ; sveet or access way.(Ord.4296§ 2, 1988.)
17.04.200 Lo� 17.04.250 Planning agency. �
- �..�ean8 an,.area o an un er`—'suigle or "Plannin8 agency" means the Au6um depan-
��'°= ment of laiinin and communiry developmdnt,or
cortunon owners�, deTmed�by fued and,definite _ P g
boundarie3, w�icli.�az beea.created by'.any,of ihe its successor.(Ord.4296 § 2. 1988J
vanous;;land d��iswa:melhods;for�the purpose of 17,04.260 Plannin commission
�.:
lease sale or vansfer'of.ownership,and�or for the g
purpo3e of sepuate`taxation.\The term shall "Planning commissiod' means chat body cre-
include tracts or paresls; but shall exclude those ated by Chapter 2.45 ACC.(Ord.4296$2, 1988.)
tracts or parcels set aside tor dedication to the city:
and/pr any pther tracts or parcels created solely for 17.04.270 Preliminary plet
the use of elecvic power,telephone, water supply, "Preliminary plat" means a neat and approai-
sewer service,storm drainage or other utiliry facil- mate drawing of a proposed sulidivision showing
ities of a similaz or relatad natqre. This exclusion the general layout of slreets and alleys,lots,blocks
does not exempt the platting process necessary to and other elements of a subdivision consistent with
create the lot,tract or parcel.(Ord.4296§2, 1988.) the provisions of Chapter 17.06 ACC. (Ord. 4296
g 2. 1988.)
17.04.205 Lot area
"Lot area"means the total honzontal area within 17.04.280 Public way.
the bonndary;lines of a lok,however, the area con- . "Public way" means any publicly owned land
tained'in access easeinbnts, tracts, oi panliana�es set aside for' surface transportation purposes,
shail not be,included in the lot area or any other]ot including vehicular, bicyde and pedesvian trans-
size computation. (Ord.4296 § 2, 1988.) portation, whether improved oi not improved.
(Ord.4296 § 2, 1988.)
17.04.210 Lot line.adjustment ��,pq,2g0 RCW.
"Lot line adjustment". means the relocation of
the boundaries of a lot; which'relocation does not "RCW" means the Revised Code of Washing-
result in.the,creation of any addiuonal lot or lots. ton,as now consdti�ted or hereafter amended.(Ord.
(Ord.4296§ 2, 1988.) 4296 § 2. 1988.)
17-6 '
Auburn City Code l7•04•410
17.04.300 Regulatory flood:+�ay. 17.04:370 Streel,public.
"Regulaiory floodway" mzans ihe channel of a "Public street" me�ns" a- strcet, whethnr
river or other water course �oge�her with the adja- impro�ed or unimproved;held in public ownership
cent land areas wfiich mus� be resen�ed in order to and intended to be open as a matter of right to pub-
discharee a flood withom cumul�ti.-ely increasing lic �•ehicular traveL (Ord. 4296 § 2, 1988.j
ihe waier surface eltvation by more ihan one foot.
a� indic�ied on m�ps prepared under ihe i�aiional 17.04.380 Subdivision.
Flnod lnwr�ncr P�o;;i�in �°niiiled °Flood Bound- ''Suhdivision'� means the division or redivision
an and Flood��a� �l�p. iOrd, '?96 z ?. 1956.) o( land inw fi�e or more lots. tracts. parcels, ciizs
' or divisions for ihe purpose of sale, lease or irans-
17.04.310 Responsible ollicial. fer of ownership,consistent with the provi.ions o(
"Responsible o(fcial" means ihat official of the ttiis title; provided, that the tertg "subdivision"
ciry charged by ordinance wi[h adminiseering ihe shall also include the redivision of land into four or
State Environmental Policy Act o( 1971 within the fewer lots, tracts, parcels, sifes or divisions for the
ciry. (Ord. 4296 § ?. 1988.) purpose of sale, lease or transfer of ownership
where such land has beenshort subdivided within
17.04320 Short plat. ihe previous five years and dces not mee[[he crite-
"Shon plai' means a nea� and accurate drawing na o(ACC 17.14.010(B). (Ord.4296 § 2. 1988.)
of a shon subdivision,prepared for f ling for record
with the counry auditor.. and containing all ele- 17.04:390 USC and GS.
inents and requirements as set fonh by 6hapier "USC and GS" means[he United States Coastal
17.14 ACC. (Ord. 4296 §2. 1988.) ' and Geodetic Survey. (Ord. 4296 § 2. 1988J
17.04.330 Shoi� subdivision. 17.04.400 USGS.
"Shon subdivision" means the division or redi- "USGS" means United States Geodetic Sor4ey.
vision of land into (our or fewer lots, tracts, par- (Ord. 4296 § 2. 1988.)
cels.sites or divisions for�he purpose of sale, lease
or trans(er of ownership,consisient with the provi- 17.04 410 Zomng ordinance. '
•----_
sions o( Chapter 17.14 ACC (Ord. 4296 § 2: "Zomng ordmance" means th'e Aubuin compre-' '.
�988 � hensrve zoning ordi"nance, codified as Title 18 of '
this code,as now constitoted or hereafier amended.
- 17.04300 Street. (Ord:4296 § 2, 1988.)
"Street" means any land legally segregated or
reserved for�he purpose of providing for vehicular
travel and access to real proper(y. (Ord. 4296 § 2.
1988.)
17.04.350 Slreet,ha1L
"Hal(street" means a street with improyemen(s
built only from the cemerline to one edge of the
uhimate right-of-way,or w a minimum width of 24
feet (whichever is greater), but otherHU�e designed
and built in accordance with all applicable oldi-
nances. standards and requirements: pro4ided, that
appropriate measures shall be taken to protect the
scrucmral imegrny of ihe exposed edge of pave-
men� at the ultimate cen�erline, as deterrnined by
the city engineec (Ord. 4296 § 2. 1988J
17.04.360 Street, private.
"Pri4ate street" means any easement, tract or
street which is not a public street. (Ord. 4296 § 3.
1988.)
� . � ��.� (flevisetl�l99)
11
17.06.010
Chapter 17.06 2. A comple�ed environmemal checklist
form. blank copies of which are available from the
PREL1n7INARY PLAT depanment, unless the direc�or and the applicant
a�ree tharan envirodmemal impac�s�aitment must
Sections: be prepared:
17.06.010 Prea"pplica�ion conference. 3. One sepia or phoio vellu m reproducible ��
17.06.030 Applicaiion. >ubmin�l and conienis. cop�•and 10 paper copies of a prelimin�r�•plat.pre-
17.06.0?0 Public heanng. P�red accordine w �he pm� i�fon� of�his chapier:
17.06.040 Admini<_iraii�t re�fe�+. �3. ��'hert any lo� is propo;rd�o be �zr�ed by
17.06.U50 Hearing zxaminer review. an on-site seH�age disposal sysiem. resuhs of pre-
17.06.060 Ciry council ac�ion. liminary percolation iests for each such proposed
17.06.070 Findings of fact. lot, conducted under the counry depanment of
17.06.080 Notice of decision to applicant. healih rules and regulations.The city engineer may
17.06.090 T�ansfer o(propeny. require that such tests be conducted under high
17.06.100 Adjustmen�s o(an approved ground water(winter) conditions;
preliminary plat. 5. A concepmal utility/siie grading plan ;
17.06.110 Time limit�tions. and)or methodology prepared in.acwrdance with
the city's comprehensive plans, standards or ordi-
17.06A10 PreapPlication conference. nance reqoiremen}s:
Persons considering makin� applicacion to sub- 6. The location of other utilities other than
divide land lying within the city .o( Aubum are thoseprovided by ihe city.
encouraged to request that a preapplication confer- An application for preliminary plat approval
ence be held with appropriate city staff. Such shall be appro�ed, approved with conditions,
request shall be directed to the planning direaor, retumed to ihe applicant for modifications or
and upon its receipt the direcior shall schedule a denied porsuant to the depanment, unless the
conference benveen the prospective applicant and applicarit agrees in wrning to an eztension of this
appropriate ciry staff.TFie porpose of a preapplica- time period. 7'he deparimeni shall not be consid-
tion conference is;for the prospective applicant and ered to be in receipt o(.an application for prelimi-
city s[aff to gain a common understariding of the nary plat approval unless and until such time as the
nature of the contemplated`subdivision and subse- applica}ion mee[s the requirements of this section,
quent development, and any procedures, rules, as deterrnined by the director.
standards and policies which may apply. 7'he pro- B. Preparation. The preliminary plat shall be
spective applicant is encouraged to bring w �he prepared by a professional eggineer or professional
conference whaiever information deemed appro- land surveyor registered or licensed by the state of
priate to help describe the existing nature of the site Washington. 'I'he preparer shall, by placing his or
�nd i[s surtoundings and the.proposed namre of ihe her signa[ure and stamp upon ihe face of the plat,
contemplated subdivision and subsequent develop- cenify ihac aIl informaiion is porvayed acwracdy
ment. Such in(ormation may include phoeographs, and that che proposed subdivision'complies with
sketches and maps. The director or the prospeccive ehe sTandards and requirements of this' title, the
applicant may request that an additional confer- Auburn zoning ordinance and any other applicable
ence or conferences tie Field to funher the purpose land use and development controls.
of this section. (Ord. 5140 § l. 1998: Ord. 4840 § C: Scale and Format.The preliminary plat shall
I. 1996;Ord. 4296 § 2. I 988.) • . , be drawn with India ink or other repioducible black � .
ink on mylar: All geographic information por-
17.06.020 Application,submittal and contenls. trayed by the preliminary plat shall be accurate.
A. Applicaiion. In addition to the reguirements legible, and drawn to an engineering (decimal)
for a completed application as prbvided in ACC scale. 7'he horizontal scale of a preliminary plat
Title 14, application for subdivision approvalshall sfiall be 100 feet orfewer w the inch, except that
be submiued to tBe depanment of planning and the location sketch and typical s)reet cross sections
community development,shall be accompanied by may be drawn to any oiher appropriate scale. A
applicable fees as established by ordinance and preliminary plat shall be 24 inches by 36 inches in
shall include the(ollowing: size, and if more than one sheet is needed each
1. A comple�ed subdivision application sheet shall be numbered consecutively and an
fortq.blank copies of wtiich are available (rom the index sheet showing the entire propeny and orient-
depanment:
(Revisetl 7/99) ��"g
Auburo Ciry Code 17.06.020
ing the other sheets, at any appropriate scale, shall d. The location, widths and purposes of
be piovided. any existing easemen{s, including recording num-
D. Preliminary Plat Coments. A preluninary bers, lying within or adjacent fo the proposed sub-
plat shall provide �he following information: division; , : ,;,•_
1. General ]nformation. The following e. The loeation and siu of existing sani-
inforination shall appear on each sheet of a prelim- ta.ry sewer, storm sewa and wata lines lying
inary plat: within or adjacent to the proposed subdivision;
a. The name of ihe propo�ed subdi��ision, f. The location of existing seaion and
together �+iih ihe tio�ds ' p�eliminan� pla�"; municipa] corporaiion boundary lines lying ��i�6in
b. The name and address of the appli- or adjacent�o the proposed subdivision;
��t_ g. Ttie location of any well used for
c. The naine, address, stamp and signa- domestic water supply existing within the pro-
ture of the professional engineer or professional posed subdivision or within 500 feet of the bound-
land surveyor who prepared the preliminary plat; aries of the proposed subdivision;
d. Numeric scale, graphic scale, true h. Existing contour lines at intrnals of
' norih point and date of prepazation; five feet for average slopes exceeding five percent,
e. A form for the endorsement of the or at_intervals of one foot for average slopes not
planning director, as follo�vs: exceeding five percent Existing contour lines
which will be altered through fillidg or excavetion
APPROVED BY RESOLUTION_OF shal] be indicated by broken li�s (fmal contour
THE CITY COUNCIL ON(Date) lines shall be indicated by solid lines, as provided
by subsection (D)(4)(� of ilus section). Contour
lina shall be labeled at intervals not to exceed 20
Diredor, Planning and feet, and shall be based ,upon ciry datum, e.g.,
Community Development Dept. NGVD;
i. The location of any existing struchues
lying within the proposed subdivision. Existing
i Date swctures to be remo'ved shall be indicated by bro-
"' f. Legal description of preliminary plat; ken lines,and existing shvctures not to be removed
2. Vicinity Map. A vicini,ry map sufficirnt shall be indicated by solid lines;
to define the location and boundaries of the pro- j, 7'he location of all areas of F'EMA
posed subdivision with respea to surrounding flood designations;
properry, streeu, and other major manmade and 4. Proposed Geographic Features. The fol-
natural features shall appear on the preluninary �owing proposed geogaphic features shall be
plet; shown:
3. Existing Geographic Features. Except as a, 7'he boundaries and approximate
otherwise specified herein, the following existing dimensions of all proposed lots, and the proposed
geographic features shall be drawn ]ightly in rela- identifying number or letter to be assigned to each
don to proposed geographic features: lot and/or block; .
a. The boundaries of the properry to be b. The right-of-way locadon and width,
subdi4ided, and the boundaries of any adjacent �e proposed name of eac6 sqeet, alley or otha
property under the same ownership as the land to public way to be created and adeqnate horizontal
be subdivided,to be indiczted by bold lines; and vertical street geometrics to ensure compliance
b. All existing property lines lying W��city standards;
within the proposed subdivision which are to be c. The location; width and putpose of
vacated,and all existing property lines lying within each easement to be created;
]00 feet of the property to be subdivided or within d. The boundazies, d'unensions and azea
]00 feet of properry lying adjacent to and under the of public and common pazk and oprn space areas;
same ownership as the property to be subdivided; e. ]dentification of al! areas proposed to
c. The location, right-of-way widths, be dedicated for public use, toget6er with the pur-
pavement widths,and names of all existing or plat- pose and any conditions of dedication;
ted streets, whether public or private, and other f. Proposed fnal contour lines at inter-
public ways within or adjacent to the proposed sub- vals of five feet for avenge slopes exceeding five
division; . percent, or at intervals of two feM for a4orage
slopes not exceeding five percen� Final contours
]7_9 (Revised 3ro4)
1�
17.06.030
shall be indicated by solid lines (existing contours B. Any notice of public tiearing re:quired by this
which are to be altered shall be.shown by broken section shall include the hoiir and location of the
lines, as provided by subsection (D)(3)(h) of this hearing and a description of the properry to be sub-
section).Contour lines shall be labeled at intervals divided. 'I'he description may be in the form of
not to exceed 20 feet, shall be based upon ciry either e viciniry location sketch or a wrinen
datum e.g.,NGVD,and shal�be indica�ed 6y lines desmption other than a legal description. �
drawn]igh)ly relative io other proposed geographic C. Except as provided in RCW 36.70B.110 at a
feamres: minimum. the plannine direc�or shall cause notice
5. Additional ]nformaiion, The follo�+in, of the hearine to be gi�en in the follo��ine manner:
additional information shall be shown on the face 1. Notice shall be published noi less than ]0
of the prelimin_ary p1at: days prior to the hearing in a newspaper of genenl
a. For proposed subdivisions involving cuculation wi}hin the county where the real prop-
residential land uses, a table providing the follow- erty proposed for subdivision is located;
ing information for eacL distinct residential area: 2. Notice shall be published not less than 10
i. Proposed land use (e.g., single- days prior to the hearing in a newspaper of general
family,duplex,multifamily), circuladon in the azea where the real proper{y pra ,
ii. Number of dwe]]ing uniu; posed for subdivision islocated; �
iii. Gross icreage; 3. Notice wil] comply with the applicable
iv. Existing zoning designation; provisions of ACC 14.07.040;
v. Proposed zoning designation; 4. Where any boundary ofthe proposed sub-
vi, Approzimate area'of smallest lot; division lies adjacent to or within one mile of the
b. Proposed sowce of domestic water municipal boundaries of any ciry or town other
supply; than the city of Aubum,notice shall be mailed to
c. Proposed sewage disposal system; the:appropriate ciry or town authorities;
d. 7'ypical street cross section(s); 5. Where the proposed subdivision adjoins
e. Pmposed storm drainage.system; the municipal boundaries of the ciry of Aulidm,
f. For preliminary plats that are related to notice shall be mailed to the appropriate county
a PUD the following information shall also be pro- officials; ,
vidEd: 6. Where- the proposed subdivision is --—
i. The ordinance and conttaet of ihe located adjacent to the right-of-way of a,state high-
PUD rezone if previously done. way, noticr shall be mailed to the Washington,
ii. The location of perimeter walls State Depaztrnent of Transportation;
and fences on the boundary of the PUD and an indi- 7. Where the proposed subdivision is
cation of the height and materials. located within two miles of a publicly owned air-
iii. 7'he location and size of any port,notice shall be mailed to the Washington State
entrance signs. Secretary of Transponation. (Ord. 5811 § 6,2003;
iv. A landscaping plan. Ord. 5140 § 1, 1998; Ord. 4840 § 1, 1996; Ord.
v. Any covenants not previously 4296 §.2, 1988J
approved. (Ord. 5170 § 1, 1998; Ord. 5140 § 1,
1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.) 17.06.040 Administrative review. .
A. The director shall forwazd to t6e ciry engi-
17.06.030 Public hearing. neer, one copy of the proposed preliminary plat,
A. Upon receipt of a comp]ete application for together with copies of any appropriate accompa-
preliminary plat approval, the director shall tenta- nying documents. The ciry engineer shall review
tively set a date for a public,hearing to be held the preliminary plat as to the adequacy of the pro-
before the hearing examiner. Every hearing held
for the purposes of this chapter shal]be open to the
public,and a record of the hearing shall be kept and
made available for public inspection. A public
hearing held under this chapter shall not be contin-
ued beyond the oiiginally scheduled date of public
hearing unless the applicant consents,in writing,to
an extension of the time period allowed for a deei-
sion under RCW 58.17.140.
(Revised3l04) . � 17-��
Aubarn City Code 17.06.070
posed means o(sewage disposal and water supply; request for consideration shall be transmitted to all
the con(ormance of ihe proposal io any plans, pol- parties of record within 10 calendar days of receipt
icies or reeulations penaining to streets. utilities: of the request for reconsideration or receipt of tlie
and regarding any oiher issues relaied to the inter- additional information requested, whichnver is
es�s and responsibiliiies of the ciry zngineer and the later. (Ord. 5140 § l, 1998: Ord. 4840 § I, 1996:
depanmrni of public works.The ierms of a recom- Ord. 4296 § 2. 1988J
mend�ifon for �ppro�al �ubmined io ihe hearing
eaaminer under ihi> suh>�ciion shsll not be modi- 17.06.060 Cil�• council aetion.
fied b� ihe direcior oi publi: �+orks or ihe ciry tngi- A. lipon reczipt of ihe hearing examiner's rec-
neer ��ithout ihe conseni of the applicant. ommendation, the city council shall at its nzxt pub-
B. The director shall solicit ihe comments of lic meeting approve, remand the recommendaiion
any other appropriate ciry depanment, local utiliry to the examiner or schedule a closed record public
provider,local school district,and any other appro- hearing, pursuant to ACC 18.66:170, on the pro-
priaie public or pm•ate en�ity, conceming the pro- posed preliminary plat.Any aggrieved person may
posed subdivision. Comments received in a timely request the council ro conduct its own closed
manner. as well as any wriuen comments received record hearing. The council must first conduct a
in response �o a no�ice of public hearing, shall closed record public hearing ifthe council modifies
eiiher be transmiued to ihe hearing examiner or or re4erses the recommendapon of the hearing
incorporaied into a repon prepared by the director examiner.
and•submitted to the hearing eicaminer. prior ro[he B. In its deliberations on a proposed prelimi-
scheduled public hearing. nary plat, the council shall consider, but shall not
C. The director shall ensure that, w the extent be bound by, the findings,conclusions and recom-
possible, the preliminary plat will be processed mendations of the hearing ezaminer, and all testi-
simultaneously wiih oiher approvals related to the mony and other evidence presented, during the
subject propeny. (Ord. 5140 § I, 1.998; Ord. 4840 hearing examiner public hearing.After considering
§ 1; 1996; Ord. 4296 § 2, 1988.) the preliminary plat, ttie council may approve,
approve with conditions,.reject or retum the plat to
17.06.050 Hearing examiner review� �he applicant for corrections or modifications..
A. PuYsuam to the provisions of Chapier 18.66 C. �'hen the council makes its decision on the .
ACC ihe hearing examiner shall within 10 calendar preliminary plat; it shall adopt a resolution pre-
days o( the closure of ihe public hearing recom- pared by the city attomey. A resolutinn prepared
mend to the ciry council io approve, deny, or under this subsection shall include (ortnal findings
approve with condiiions the preliminary plat. The of fact and conclusions supponing the decision. If
hearing examiner shall not recommend approval of the decision is(or approval or approval with condi-
the preliminary plat unless he finds the proposed tions, the findings shall affirtn that the.subdivision
subdivision is in conformance wiih the findings of confortqs with all applicable city land use regula-
fact as outlined in ACC 17.06.070. tions. If the decision is For approval with eondi-
B. Pursuam io the provisions of ACC �ions, the conditions shall be specified in the
18.66.150. the planning director or any interested resolution. (Ord..5140 § 1, 1998; Ord. 4840 § 1,
party affecied by the recommendation of the exam- 1996; Ord. 4296 § 2, 1988.)
iner who assens that the hearing examiner based
tFiat recommendation on an ertoneousrprocedure, 17.06.070 Findings of facL
errors of law or fact, error in judgment, or ihe dis- Preliminary plats shall only be approved if find-.
covery of new evidence which could not be reason- ings of fact are drawn to support the following:
ably .available at the prior hearing, may make a A. Adequate provisions are made for the public
written request for review by the examiner wi[hin health, safety and general welfare and (or open
seven calendar days after the written decision o( spaces, drainage ways, sueets, alleys, other public
the txaminer has been rendered. The request for ways, water supplies, sanitary wastes, parks, play-
reconsideraiion shall set fonh the specific errors grounds and sites (or schools and school grounds;
relied upon by such appellant, and the examiner B. Confortnance of the proposed subdivision to
may,after review of ihe record, take funher action the Qeneral purposes of the comprehensive plan;
as the examiner deems proper. 7'he examiner may C. Conformance.of the proposed subdivision to
request further information which shall be pro- ihe general purposes of any other applicable poli-
vided within 10 calendar days of �he examiner's , cies or plans which have been adopted by the ciry
request. The zaaminer's wriuen decision on the council:
- ��_�� (Revisetl 7f99)
1 .
17.06.080
D. Conformance o(ihe proposed subdivision to and streets. Such dimensional requirements shall
[he general purposes of ihis iitle. as enumeraied in not vary more than 10 percent from the original.
ACC 17.02.030: The adjustments cannot be inconsistent with the
E. Con(ormance o(the proposed subdivision to requirements of the preliminary plat�pproval. The
the Aubum zonin2 ordinance and �nv oiher appli- adju�iments cannot cause the subdivision to be in
c�ble planning or en�ineering s�andards and speci- �iolation of this iiile. ihe zoning ordinance, any
fications as adopied h�• ihe cft�. or �� modified and oiher applicable cm- land use control. Chppter
appro��ed as pan of � PL'D �urw�ni io Ch;,��ei �5.1 i RCW. or anv rnher applicable �iate I�w or
I 5.69 ACC. rr�ulanon.
F. The po�zmial environmrnial impacis of ihe B. �1ajor Adjustmenis. Major adjustments are
proposed subdivision are miiieated such �hat ihe those when detertnined by the planning director.
preliminary plat will not have an unaccepiable substantially change the basic design, layout.open
adverse ef(ect upon the qualiry of�he environment: space or other requirements of the plat. H'hen the
G. Adequate pro�isions are madeso ihe prelim- planning director detertnines a change constitutes a
inary plat will prevent or abaie public nuisances. major adjustment, a new application for a prelimi-
(Ord. 5140 § 1. 1.998: Ord. 4840 § I, 1996; Ord. nary plat is required and shall be processed as a .
4772 § I, 1995: Ord. 4296 § 2. 1988.) new and separa)e application. (Ord. 5140 '§ 1.
1998;Ord. 484U § I. 1996; Ord. 4296 § 2, 1988.)
17.06.080 Notice of decision,to applicanL
Following adopiion o(a resolution approving or 17.06.110 Time limitations.
rejecting a preliminary plat, t�he director shall A. A preliminary plat, appro4ed prior to Ap,ril
notify the applicant of the decision. The notice 17. 1995,shall be valid for a three-yeaz period fol-
shall be accompanied by a copy o(the adopied ies- lowing council approval of the preliminary plat. .
olution. lf the resolution is for�pproval or approval An applicant who f les a written request with the
with conditions, ihe notice shall advise the appli- council at least 30 days before the expiration of the
cant to prepare an improvement meihod repon, as three-year period shall be granted a one-year exten-
described by Chapter 17.08 ACC.and shall infortn sion upon showing that a good faith e(fort has been ,
the applicant regazding ttie applicable time limita- attempied in applying for a final plat. A good faith
tions on final plat submittal.This notice of decision effon is def ned to be at minimum[he submittal of _
is in addition to any notice of.decision required a complete engineering construction drawing(s) to
under ACC Title 14. (Ord. 5140 § 1, 1998: Ord. the ciry. Additional extensions of one yeai may be
4840 § 1. 1996: Ord. 4296,§ 2. 1988J similarly requested by the applicant and granted by
the council,subject to a finding of good faith effon.
17.06.090 Transfer of propei1y. A plat granted preliminary approval but not fled
If perFormance of an offer or agreement to sell, for fnal plat approval wi[hin the applicable [ime
lease, or otherwise trans(er a lot, tract or parcel of period or extended time period shall be null and
land following preliminary plat appro4al but prior �oid.
to fnal plat approval, is expressly conditioned on B. A preliminary pla4.approved on or subse-
the recording of the final plat containing ihe lot, quem to April 17. 1995, shall be valid fora five-
tract or parcel under this chapter,the offer or agree- year period following council approval of the pre-
ment does not viola�e any provision of this chapter. liminary plat. The ciry council may allow incre-
All payments on accoum of an offer or agreeesent mental one-yeaz extensions pursuant to the same
conditioned as provided in this seciion sha}I be , � . process and criteria as oudined in subsection A of
deposited in an escrow or other regulaied trust this section. At tFie same time the council is consid-
account and no disbursement io sellers shall be per- ering the extension it may also add;alter or delete
miued until the final plat is recorded. (Ord. 5140 § any conditions or requirements that were made part
I, 1998:Ord.4840§ I. 1996:Ord.4296§2, 1988J of the preliminary plat approval.
C. A plat granted preliminary approval, but not
17.06.100 Adjustments of an approved filed for final plat approval within the applicable
preliminary plat. time period or extended time period shall be null
A. Minor Adjustments. Minor adjustments may and void. (Ord. 5140 § 1, 1998; Ord. 4840 § 1,
be made and appro�ed by the planning direc�or. 1996; Ord. 4296 § 2. 1988.)
Minor adjustments are tfiose which may affect the
precise dimensions of the plat but which do not
a(fect the basic character or arrangement of the lots
(Aev�setl 7/99) 17-12
Auburn Cit� Code 17.08.010
Chapier ]7.08 last phase shall be suflicient to cover the amoun}of
reasonable costs the ciry may incur in completing
IA9PROVEMENT A7ETHODS the remaining work. including but not limited to ,
conswction costs. design costs.bidding costs and
Seciions: adminisvative costs.
]7.08.010 ]mpro��emem methods. 2. 7'he ciiy engineer may allow incremental
17.08.020 City engineer's cenificaie of siic-month extensions of the satistac�ory security �
improvement�. time frame. up io one year bevond [he initial two-
�ear period. if ihere are unforeseen circumsiances.
17.08.010 Impro�ement methods. beyond the control of the plat developer.�hat do not
Following preliminar�� plat approval and allow the completion of the public improvements.
appro�al of all plans required by Chapter 17.12 3. As a condition of the plat.improvement .
ACC.and prior to submission of an application for permining approval, the developer shall agree that
t'inal plat appro�al, ihe applican�plai developer in the case of the developer's default or failure to
shall guarantee the public improvements required complete the improvemenfs as per the appro4ed
for the pla� are compleied by one of the following plans and conditions,including time schedules,the , ;
methods: ciry shall have the aothoriry to complete the con- .
A. By fumishing to the city an assignment of swction of public impro�ements utilizing the
funds or an irtevocable leiter of credit or other sim- above described satisfactory security.
ilaz security satisfaciory to the ciry engineer. in 4. The city engineer may furiher agree to
which assurance is given the city that the installa- allow the developer to utilize assignment of funds
tion of the required public improvements will be or irrevocable lener of credit or other securi.ty
carried out as,provided 6y plans submitted and acceptable �o the ciry engineer to cover the one-
approved pursuant to Chapter 17.12 ACC and in year minimum ��arranty period.
accordance with city standards and specifications, B. By the formation of a local improvement.
and under the supervision of the city engineer. district consistent with the pro�isions of Chapter
1. 'fhe amoum of the assignment of funds or 3.20 ACC and any other applicable requirement ot
irrevocable letter of uedit or other securiry shall be _the city and.the state. _'_
150 perceot of the estimated cost of the required C. By actual installation of improvements in
public impro�ements. as determined by the appli- accordance with the pro�isions of Chapter 17.12 ,
cant.and appro�ed by the ciry engineer. A substan- ACC, and in accordance with city standards and
tial ponion of ihe required public improvements, specifications and under the supervision of the city'
subject Co t_he satisfxctory security. shall be com- engineer.
pleted within the ini�ial 18-month period of the sat- D. By a combination of these methods.
isfactory securiry for the plat improvements. The E. For any of the above combinations of ineth-
remainder of the impro��ements shall be completed ods, other than subsection C, the plat developer
within six months. During construction, the ciry shall execute and record against the plat properties.
engineer may allow�.panial releases of ihe financial a statement approved by the city attorney which .
securiry as conscruciion proeresses: holds the city harmless and limits the city's fnan-
a. 'fhe city engineer shall allow no� more cial obligation to consWCt any defaolted private
than four panial releases of ihe fnancial security utiliry facilities and public infraswcmre for
during plat construction: streets, water utiliry, sanitary sewu utility, or
b. 7he sequencing of partial'releases of storm water utiliry systems to the face value of the
the financial securiry is to be de�ermined by the city bond shall be memorialiuA on the plat documents.
engineer prior io the accepiance of the security:and 'fhe statement shall also recognize t6e city's
c. With the exception of the final lift of reserved, unilateral rights to establish the schedule
pavement. the sequencing of panial releases of t6e for construction of defaulted plat infraswcture.
financial security is to be tied to the completion of Such statements shall be legally binding upon the
separate or combinations of separate iniraswcture . heirs and assigns of the developer, 5ubsequent
elements induding ihe wacer system. sewer sys- property owners and their heirs and assigns: (Ord.
tem.storm system.private utilities,curb and guner, 5670 § l. 2002: Ord. 5093 § 1, 1998;Ord. 4296 §
sidewalks and dri��eN�ays. illumin�tion. and street 2, 1988.)
pa�ement, as determined by the city engineer;pro-
vided.that the city eneineer shall ende�vor�o make
sure that the amount of rem�inine security for the
17-13 (Revised t iro2)
� .
17.UOA�U
17.08.020 City engineer's certificate of Chapter 17.10
improvements.
After completion of all required improvements FTNAL PLATS
and%or the guarantee of the construction of all
required improvements, the city engineer shall Sections:
submit a cenificate in duplicate'to the planning 17.10.010 Applicaiion submitial and contents. �
director stating the reguired impro��ements. in 17.10.020, Adminisvati�-e review.
accordance with the pro��isions of this iiile and in 17.10.030 Citv council anion.
accordance u�{th ciiv �iandardr and sPecificaiion�. ]7J0.040 'Terms oi appio�al.
ha�e been compleied or guaranieed io ihe saiisfac- ]7.10.050 Distribution and filing.
tion of the ciry engineer. An application for a final 17.10.060 'fransfer of ownership.
plarwill not be accepted unti] the city engineer has 17.10.070 Building,occupancy and model home
signed such cenificaie of improvements. (Ord. permi(s.
5093 § 1. 1998; Ord. 4296§ 2; ]986.) 17.10.080 Release of improvement guarantee.
17.10.010 AppGcation submittal and contenfs. ,
A. Application. The original and tivo copies of
' a Tnal plat meeting all requirements of Chapter
58.17 RCW and this iide shall be submitted to the
, � d'uecior and vansmitted tiy ihe director to the coun-
, cil. The final plat shall be accompanied by a copy
of the approved preliminary plat and any docu-
ments req6ired by this section, An application for
final plat approval shall be approved'o�retumed to
� the.applicant for corrections within.30 days of its
receipt by the depanment unless the applicant
agrees, in writing, to an extension of this time
___period. The depaitment shall.not.bt_COnsidered_1o..___ „_ _ _
� be in receipi of an application for final plat
approval unless and until such time as the applica-
tion meets the requirements of this secCion, as
deiermined by the director.
B. Preparation. 'fhe 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,cenify that the plat is a we and correct repre-
sentation of the land actually surveyed by the pie-
pazer, that the exisiing monuments.shown thereon
exist as located and that all dimensional and geo-
detic details are correct.
C. Scale and Format. The fi"nal plat shall be
drawn with India ink on mylar measuring ]8 inches
by 22 inches in size, allowing one-half inch for
border.The f nal 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
re=quired, an index sheet, showing the entire subdi-
vision with street and high"way names and block
numbers (if any) shall be provided. Each sheet,
including the index sheet, shall be of the aboye=
specified siie. All signawres or cenifications
appearing on a final plat shall be in reproducible
black ink.
(Revisetl 71/02) 17-14 .
,
Auburn City Code I7.10.010
D. Final Plat Contents. A final pla� shall contain 16. The name,and seal of the licensed land
[he following informaiion: surveyor responsible for preparation of the final
l. The name of ihe subdivision: plat, and a signed cenification on the plat by said
2. Le�al deccription o( the propeny being sur4eyor•to the effect that it is a true and corteet
subdi��ided: representation of the land actually surveyed by him
3. �umenc sc�lz. ;r�phic SC�IZ. lN2 nonh or her. that ihe existing monuments shown thereon �
poini �nd da�e of prep�r�iion ef the fin�l plat: exisi a� locaird and tha� all dimensional and �eo-
a. The oound:;n line of ih� �lat. referenced deiic dei�il> �re correct:
to cii�� IUSGSi d�ium and ba�ed on ❑n �ccurate 17. .� ��enzd cenific��ion st�ting that ihe
traverse. Wiih angular and linear dirrmensions and subdivision has been made with tlie free consent.
bearings: and in accordance with the desires of the owner or
5. The exact locaiion, width and name of all owners. If the plat includes a dedication,the certif-
streets, alleys and oeher public ways within and icate or a separate written inswment shall contain
adjacent to the subdivision: the dedication of all streets and other areas to the
6. The exact location, widih and purpose of public, any indi0idual or individuals, religious
all easements and dedicaiions for riehis-of-way society or societies,orto any corporation,public or
provided for public and pri��aie services and utili- private, as shown on the plat, and a waiver of all
ties; claims (or damages against any govemmental
7. True courses and distances to the nearest authoriry which may be oceasioned to the adjacent
established street lines, or section or quaner sec- land by the established construction, drainage or
tion comer monuments which shall accurately maintenance of said street or otherareas so dedi-
locate the subdivision; � cated. Such certificate or insGoment shall be
8. Municipal, township, county or section signed and acknowledged before a noiary public by
lines acwrately tied to the (ines of the plat by dis- all panies having any inrerest in the lands subdi-
tances and courses: vided.An offer of dedication may include a waiver
9. All lot and block numbers and lines, wi[h of right of direct access to any street from any prop-
accura[e dimensions in feet and hundr5dths of(eer, erty.Such waiver may be required by the ciry engi-
10.. The radii,.intemal angles, pomis of cur- neer as. a. condition ,,o�_app:royal. Roads . no{ ,,
vature, tangent bearings and lengths of all ares; dedica[ed to the public must be clearly marked on
_ I l. The accuraie loca�ion of each permanent the face of the plat. Any dedicaiion, donation or
control monumeni. One such monument shall be grant as shown on the face of the plat shall be con-
located at each and every controlling comer on the sidered as a quit. claim deed to the said donee or
• boundaries ofthe parcelo(land being subdivided: grantee for dse for the pu.rpose intended by the
at each street centerline interseciion, each point of donation or grant.At the discretion of the ciry engi-
curvaiure (PC), each poim o( tangency (PT). and neer conveyances of right-of-"way may be required
each point o( re4erse curve (PRC): and at each to be by stamtory wartanry deed.The acceptance of
in[ersec[ion of a street centerline with a plat bound- righ�-of-way by the ciry shall not obligate the city
a�,, to improve or develop the lands in the right-of- ,
12. All plat meander lines or_reference lines way:
along bodies o( water shall be established above. 18. Fortns for the appropria}e certifications
but not fanher than 20 feet (rom the highwater line of thefinance director, ciry engineer and planning
of such body; - director,as follows:
13. Accurate outlines and legal�descriptions
of any areas to be dedicated. orreserved for public FINANCE DIRECTOR'S CERTIFICATE
use, with the purposes ofsuch dedication orreser•
vation and any limitations indicated thereon and in I hereby certify that there are no delinquent
the dedicaiion; special assessments(or which the proper-
14. Accurate oudines of �ny areas to be ry subject to this subdiyision may be liable
reserved by deed covenant for common use of to the City, and (hat. all special assess-
owners o(property witHin thesubdivision,together ments on any property herein contained
with ihe u oses o(such reservaiion; dedicated as streeis, alleys or for any oth-
P �P er public use have been duly paid, satis-
I5. Any resirictions or conditions on the lois tied or discharged, this day of
or tracts within the subdivision, as required by the �g_
city council or at the discretion of the property
ow'ner:
1�•�$ (Revisetl 7�99J
i . .
]7.�0.01� . ' '
assessments certitied to this office (orcol-
Aubum Direcior oi Finance lection, and that au special assessments
certitied to this otlice ior collection on any
CITY ENGINEER'S CERTIFICATE oi the propeAy herein comained dedicated -
as streets,alleys or ior other public use a�e
I hereby certify that fhis final plat fs in com- paid in full this_day of , 19_
pliance with the cenitica�e of .improve-
ments �ssued pursuant to A.GG. -
i7.08.020. snd is censistent with ali appii Manacer
cable City Improvemern s;andards ano re�
quirements in lorce on the date ot
p'reliminary plat approval, this day Deputy
of , 19_•
31. A form for�he appro�al of the county asses-
sor.as tollows:
Aubum City Engineer
ASSESSOR'S APPFOVAL
PLANNING DIRECTOR'S CERTIFICATE
' Examined and approved this day
I hereby certity on this day ot of , 19_
• , 19_tha(this finai plat
is in substantial conforrimanc� with the pre- _
liminary plat and any conditions anached County Assessor
thereto, which preliminary plat was ap-
proved by Resolution Number ot
the Aubum City Council qn the Deputy Gounty Assessor
day of , 19_.
Account number ,
-- - --- Aubum Planning Director i ` °
22. A fortn for the cenificace of the Counry
19. A fortn for the approval of the mayor, pur- recorder, as follows:
suant to ACC 17.10.030,as (ollows:
RECORDING CEfiTIFICATE
APPROVAL
Filed for record et the request oi the Ciry of
Examined and approyed this_ day of Aubum this day ot ,
_ , 19_, pursuant to Cify �g_ at _ minutes past
Ordinance Number_, adopted by the . .M., end recorded in Volume _ ot
Aubum City Council on the day of Plats, page Records of(Kin9 br
, 19—• Pierce) County, WasFiington. •
County Rewrding Number_.
Mayor :r
ATTEST: Manager
Aubum City Cle'rk Superintendent ot Records
20. A fortn for �he cenificate of ihe counry ?3. Any additional peninent infortna}ion as
finance division, as follows: required at the discretion of the city engineer or
planning director.
FINANCE DIVISION CERTIFICATE, E. Accompanying Documents. .
I. ln cases where any protective deed cove-
I hereby certify that all property taxes are nants will apply to lots or parcels within a subdivi-
paid, that there are no delinquenl special_
(Rev'rsetl 7/99) 17-16
Auburn 6ity Code
17.10.050.
sion. a typewriiten copy of such co�enantsshall be consistent wiih all applicable city improvement
submi«ed along with the final plat. standards and requirements in effect on the date of
2. The final plat shall be accompanied by a prelimina_ry plat approval.
complete survey of ihe seciion or sections in which C. 'Prior to the date at which the council will
the plat or repla� is loc�ied. or �s much ihereof as consider the final plat,the direttor shall forward to
may be nzcessary to properh� onent ihe plat within the council the onginal of the final pla}, along wi[h �
such seciion or �ections. The plst and section �ur- the plannino agency's repon which discusses the
�e� >h�ll h� �ubmined ��ith rompleie field and conformit� or nenconformitv of the final plm �ithc
compwaiion note�. sho��'in, ihe on,�in�l or re- the irim� �nd condiiions o( the preliminary plat
esiablished comers. with ihe descnpuons of ihe appro.�al: ihe requirzments of Chaptzr 58.17 RC�'
same. and the acmal iraverse showing error of do- an,d other applicable state laws in effect at the time
sure and method of balancing. A sketch showing of preliminary plat approval: and the requirements
all disiances of the plat shall accompany this data. of this tiAe in effect at the time of preliminary plat.
The allowable erior of closure shall not exceed one approvaL (Ord. 4296 § 2, 1988•)
foot in 10.000 feet.
3. The final plat shall be accompanied by a 17.10.030 City council action.
current(within 30 days)tide company cenification The ciry council shall have sole authoriry to,
of: approve final plats. 'fhe council shall appro�e,dis-
a. The legal description of ihe iotal par- approve,or reiurn to the applicant for modification
cel sought to be subdivided: orcortection, a proposed final plat, on the date of
b. Those individuals or corporations the meeiing set for considerati'on of ihe final plat
holding an ownership inierest in said parcel; under ACC 17.10.020(A), unless the applicant
c. Any lands �o be dedicated shall be agrees, in writing, to an extension of the time
confirmed as being in the name o(the owners sign- period pro�ided by A6C 17.10.010(A) and RCW
ing the dedication certificate; 58.17.140. If the council finds that the subdivision
d. Any easements or restrictions affect- proposed for f5nal plat approval confortns to all
ing the propeny to be subdivided with a description tertns of the preliminary plat approval, and the said
. . . ..
.
_. __.. of puipose and referenced by audi�ors tl_e_numbers _ subdiv�sion meets the requ�remen}s o apter
and/orrecording numbeY. 58.17 RCW, other applicable sta[e laws, and this
I( lands are to be dedica�ed or conveyed to the tide, which requirements were in effect on the date
city as part of the subdivision, an A.L.T.A. tiQe of preliminary plat approval, it shall direct and
policy may be required by the ciry.engineer. authorize the mayor to suitably inscribe and exe-
4. The final plat shall be accompanied tiy a cute its written appro4al on the face of the final
computer check of the boundaries, streets center- plat. (Ord. 4296 § 2, 1988.)
lines, lots, blocks and lot area.
5. The final.plat shall be accompanied by a 17.10.040 Terms otapprovaL
copy of the appro�ed preliminary plat for the prop- A sbbdivision shall be govemed by lhe teRns of
eny in quesiion. appro�al o(the final pla�and the zoning ordinance
6. All documents submitied under this sec- and regulations in effect on the date of preliminary
tion shall contain ehe name of thesubdivision and plat approval for a period of five years after final
the name and address of the subdivider.(Ord. 5170 plat approval unless the council f nds that a change
§ 1. 1998: Ord. 4296 § 2. 1988.) � in conditions creates a.serious threa} to the public
. health or sa(ety in the subdivision. (Ord. 4296§ 2,
I7.10.020 Administrative review. �988•1
A. Upon receipt of a final plat for council
approvaL ihe director shall place the (inal plat on 17.10.050 Distribulion and filing.
the next council agenda that allows for at least 10 The director shall disiribute the original and
working days of staff re�iew prior to the council copies of the approved final plat as follows:
meeting. A. The original shall be retumed to the appli-
B. "fhe director shall forward the plat to the ciry cant to be forwarded to the county auditor for fil-
engineer and io other city departments for review. ing:
'fhe city engineer shall review the final plat and B. Two paper copies shall be(ransmitted ro the
detertnine if it is in compliance with the cenifica}e county assessor:
of improvements issued under ACC 17.08.020, is C. One reproducible copy shall be transmi[ted
to ihe city engineer,
17-]7 (t�evised�r5s)
i . . .
17.10.060
D. One reproducible copy shall b.e reiained in 2. Up ro two model homes may be allowed
the files of the planning depanment. (Ord. 4296 $ (or preliminary plats up to 20 lots. Up to four
� �qgg.� model homes may be allowed for preliminary plats
in ezcess o(20 bts.
17.10.060 Transfer of ownership._ 3. All model homes shall be served by an all .
Whenever �nv pnrcel of land lyine ��ithin ihe w-eaiher sur(ace access as approved by the ciry '
citv is di�•ided under ihe pro�i.ions of ihis title. no en¢inzerand fre marshal.
per�on. firm or corrorstien >hall �ell nr ir:,n�fer. �i 9. All modrl homes �hall be located u�iihin
offer or ad�'enise for ��le or iransiri. �n� wch loi. �00 feei of �n opera�ing fire hvdr�ni a. determintd .
iract or parcel wiihow ha�ine firsi had an appro<-ed and approved by ihe fire marshal.
final plat of such subdi�•ision (ilyd (or record, 5. Prior to ihe public being allowed to
except as provided by ACC 17.06.090. (Ord. 4296 access a model home written pertnission must be
§ �. �qgg,� received from the building oFficial.
6. ln(ormation must be submitted with the .
17.10.070 Building, occupancy and model final plat application thai indicates the model home
home permits. meets all applicable zoning code s[andards of the
A. No building permii for a structure other ihan lot on which it is locaied. (Ord. 5094 § I, 1998;
a temporary contractoi's office or iemporary stor- Ord. 4296 § 2. 1988.)
age building shall be issued for a lot or parcel
within an approved sub_division prioi to a detertni- 17.10.080 Release of improvement guarantee.
nation by the fire:marshal ihat ad"equate fiie proiec- A. If an improvement bond or other guarantee
tion for conscruction needs exists. has been submitted under ACC 17.08.010 or
B: No building permit for a strucwre other than 17.10.070 such guarantee shall only be released
a terriporary contractor's o(fice or temporary stor- upon acceptance by ihe ciry of a properly exuu[ed
age building shall be issued �for a lot or parcel bill of sale(or such improvements and submittal of
within an approved subdivision until.either: adequate"as-tinilt"drawings for which[he guaran-
I. All required impro4ements which will tee,was submitted foi.Partial release of the ga5ran-
__., .._. .�trv�.the subject_ lot or parcel. have been_con-_ �ee. may be. ,allowed but__.only .to satisfy the
struc[ed and the city has accepted a properly eiee- reguirement of subsection B of th�s section.
cuted bill of sale for such improvemeots: or B. A portion of the guarantee equivalent to 10
2. All required improvemems have been percent of the value of the public improvements , _
bonded oi otherwise guaranteed under the.require- @uaranteed shall be retained asa maintenance bond
ments of ACC 17.08.010: or by the ciry for a period of time up to one year from
3. An improvement bond in an amount ade- the date the ciry engineer cenifies the completion
quate, in the deiermination of the ciry engineer, to of the plat improvemen[s have been satisfied; to
guarantee construction of those required public ensure the adequate operation of such improve-
impro�ements necessary to serve the lot or parcel ments,following Which any unused portion of such
(or wFiich a building pertnit is sought, has been guarantee shall be released. (Ord. 3094 § l, 1998: .
accepted tiy the ciry. Ord. 4296 § 2, 1988J
C. No occupancy perrnit for a structure other
than a temporary contractor's office or temporary
storage building shall'be iss6ed for a s�rocture-en a
lot orparcel within an approved subdivision prior ,.. - .
to final inspection and approval of all required
improvemen}s which will serve such lot or parcel
to thesatisfaction o!the b.uilding offcial. _ _ _
D. Prior to final plat approval of an approved
prelimin�ry plat, building permits for model homes
may be gramed by the building official subject ro
the following conditions:
1. Model homes are single-family dwellings
as defined by ACC 18.04:340(A).The purpose of a
model home is for sales promotion and display of
homes that will be iypically built within a subdivi-
sion and are open to�he public for viewing.
(Revisetl 7/99) ��"�S
Auburo City Code
� »az.oao
Chapter 17.12 street improvemenu to be dedicated to the city
shall be covered by a public facilities extension.
SUBDIV1S10N In7PROVEn9ENTS agreement, as required by ACC Title 13.
B. For preliminary plats that were approved,
Sec�ions: but not constri�cted, prior to the effective date of
17.12.010 Plan preparation. subminal and the aznendments to this chapter as adopted by the ,
approval: ordinance codified in this chapter the owner/devel-
17.12.0?0 Sveet. .<aniiarv se��er and»aier plans. oper may clioo�e to use the �tandards in effect at
)i.12.030 Drainaee plans, the iime of the preliminary plat approval ot, if
17.12.040 Public y�aier service. approved by the ciry engineer, use the standards
17.12.050 Public sanitary sewer seroice. adopted pursuant to this chapter.
17.12,060 Sueet requirements. C. The street construction standards for prelim-
17.12.070 Hlock requirements. inary plzts, that are approved pursuant to the stan-
17.12.080 Street grades. dards adopted by this cfiaptor, may need to be
17.12.090 Principal anerials. modified in order to properly interface with adja-
17.12.100 Minor anerials. cent plats constructed to previous city standards. .
17.12.110 Residential collector anerials. Suc6 modification shall be reviewed by the city , '
17.12.120 Nonresidential collector arterials. engineer and approved by the city council as part of
17.12.121 Rural coDector anerials. t6e preluninary plat process.(Ord.5164 § I, 1998;
17.12.122 Local nbnresidential streeu. Ord.4296 § 2, 1988.)
� 17.12.130 Local reside'ntia] streets.
17.12.140 Rural residential stteets. 17.12,020 Street,sanitary sewer and water
17.12:150 Alleys. plans,
17.12.170 Private streets, access tracts or Plan/profile maps shall be prepared for all pro-
easements. posed streets, sanitary sewer systems and wa�er .
17.12.180 Dead-end streets. systems.'The horizon(al scale of such plans shall be
17.12.190 Changes in grade. one inch equals 20 feet and the vertical scale shall ,
17.12.200 Street signs and channeli�a[ibn. be one inch equals five feet or one inch equals two
— _ __---. . .— - . -.. --- -- __—. .
17.12.210 Street trees. feet, as approved by the ciry engm�er. The plans
17.12.220 Street ligh�ing. required by this section shall show�all existing and
17.12.230 Fire hydrants. proposed topography, utilities, grades, lot lines
17.12.240 Underground utilities. with appropriaie numbers, rights-of way and all
17:12.250 Lot requirements. other features or additional information required
17.12.260 Parks and playgrounds. by the ciry engineer. (Ord. 5164 � I, 1998; Ord.
17.12:270 Floods and flood control. 4296 § 2, 1988.)
17.12.280 Additional requirements.
17.12.030 Drainage plans.
17.12.010 Plan preparaiion,submittal and A drainage/site grading plan shall be prepared in
appro�•al. confortnance with the requirementc of Chapter
A. Plans for improvements shall be prep�red. 13.48 ACC. (Ord. 5164 { l, 1998: Urd. 4296 { 2.
signed, dared and stamped by a profession�l civil 1988.)
engineer registered in the staie of Washing�on and
shall be in accordance u�ith ciry standards and 17.12.040 Public water service.
specifcations as set fonh by the city engineer Each lot in a subdi4ision created under this title
under the direction of the city council. Plans shall shall be served by a public watersystem owned and
be submitted to the Aabum building division, fol- operated by the city unlas the city finds that:
lowing preliminary plat approval, for circulation A, Ci.ty water service is not practical due to
and review. No construction permit or approval topograph�y, distance from ciry wateT facilities of
shall be issued and no construction activiry shall adequate capaciry,extreme low proposed develop-
commence relating to subdivision improvements mental densiry, or similaz factor,and
until the plans required by ihis chapier have been B. Private water service will not be de�rimental
approVed and signed by the ciry engineer. Plans to the implementation of the adopted comprehea-
shal] be consistent with the approved preliminary sive water plan; and
plat. All sanitary sewer, ��aier, storm sewer and C. Private water service will not pose a threat to
the public health, safety or welfare; and
17-19 (Rev�see 2roz)
. ,
17.12.050
D. Private water service is necessary to accom- anerial designated by the comprehensive plan or
plish the purposes ofthis ti}le. portion thereof. (Ord. 5164 § 1, 1998;Ord. 4296 §
]f private water'service is approved,preliminary 2, 1988.)
plat approval shall be conditioned on ihe abiliry of
the subdivider to obtain al] necessary approvals for 17.12.070 Block requirements.
the private ��ater system or systems, and the final A block sfiall consist of any two or more contig- ,�
pla)shall not be appro��ed unti]the subdivider dem- uous lots which are not separaied by a street.
onstraies. �o the satisfaction of the cin' en�ineet. Blocks shall meet the follo�rin� tequitemems-
that the proposed N aier s�siem or s��siems��ill aor� .A. ��'herever app�op�iate, blocks shall pro�ide
quately serve the domestic waier needs of fu�ure for two tiers of lots: eacepc that one iier of lots is
owners of properry within the subdivision. (Ord. encouraged between a residential street and an
5164 § 1> 1998; Ord. 4296 § 2, 1988.) anerial, which lou shall front on and be accessed
from the residential street.
17.12.050 Public sani}ary seN•er service. B. Where the average area of lots does not
Each lot in a subdivision cieated under this title exceed two acres, tfie distance benveen intersec-
shall be served by the Auburo sanitary sewer sys- tions along a street or anerial shall not exceed
tem,unless the ciry finds chat: 1,320 feet. -
A. City sanitary sewer service is not practical C. Pedestrian and bicycle requuements shall be
due to topograp6y, distance from ciry sanitary consistent with the city of Aubum'snonmotoriud
sewer facilities of adequate capacity, extreme low plan.
� proposed developmental density, or similar factor; D. The number of streets intersecting with
and � existing or proposed anerials shall be held to a
B. On-site sewage disposal systems will not be minimum consistent with the provisions of this
detrimental to the implementation of the adopted section and consistent with adequate local circula-
comprehensive sewerage plan; and tion. (Ord. 5164 § 1, 1998; Ord.4296 § 2, 1988.)
G. On-site sewage disposal 'systems will not
pose a tiveat to the public health;safery or welfare; 17.12.080 Street grades.
and Street grades shall be in conformance wjzh the
-- __ __
__. _ --- � _ --.
D. On-sice sewage disposal systems are neces- adopted ciry of Aubum design and consnvction
sary to accomplish the purposes of this �itle; and siandards. (Ord. 516�1 § 1, 1998; Ord. 4296 § 2,
E. The ciry engineer has reponed fa��orably on 1988.)
the use of on-site sewage disposal systems. (Ord. �
5164 § 1, 1998; Ord. 4296 § 2. 1988.) 17.12.090 Principal arterials.
Proposed and existing principal arterials located
17.12.060 Street requirements: y�ithin or adjacent to the subdivision,as designated
The subdivision shall abut on andior be served by the city engineer in consultation with the circu-
by an open, maintained public s�reet(s) and the lation element of the Aubum comprehensi��e plan,
streei and block layont shall confortn io ihe most shall be dedicated to che ciry and tonsweted or
advamageous development of adjoining areas, the impro�•ed ro meet the ciry of Aubum design and
entire neighborhood, and shall pro��ide for the fol- cunstrudion standards and city of Aubum specif-
�aw���; cations. If a propcm does not have access directly
A. Continuiry of appropriate streets and aneri- from the adjacent anerial(s), or if the purpose of
als; the arterial(s) is to serve other properties or mobil-
B. Streets generzlly following contour lines ity,the city may panicipa�e in exploring altemative
where practicable; funding mechanisms to complete the required
C. Offset intersections shall be avoided; improvements. If the previods condition dces
D. Streets intersecting at right angles, or as apply, the development will be responsible, as a
nearly as possible subject to approval by the ciry minimum, for improvement(s) equivalent of local
engineer; residential street(s). (Ord. 5164 § 1, 1998; Ord.
E. Streets meeting lhe minimum righaof-way , 4296 § 2, 1988.)
and pavement width standards of this title, except
that half streets may be allowed along a boundary 17.12.100 Minor arterials.
of a plat where required to provide for a street or Proposed and existing minor arterials located
within oradjacent to the subdivision,as designated
by the ciry engineer in consultation with the circu-
(Revisetl 2IO2) �7'2�
Auburn City Code 1Z12.150
lafion element of the Aubum comprehensive plan, 17.12_.121 Rural collector arterielQ.
shall be dedicated to ttie ciry and constructed'or Proposed and existing rural collector arterials
improved to meet the ciry of Aubum design and located within or adjacent to a subdivision, as des-
constrvction standards and city of Auburn specifi- ignated by the ciry engineer in consultadon with
cziions. 1f a properry does not have access direcdy the circulation element of the Aubum comprehen-
from the adjacent anerial(s), or if the purpose of sive plan, shall be dedicated to the ciry and con-
the anerial(s) is�o serve oiher propenies or mobil- stTUCted or improved to meet the ciry of Aubum
irv,the cin�map panicfpaie in exploring altemative design and construaion standards and city of
funding mechanisms w rompleie ihe required Aubwn specificaiions. ]f a property does noi have
impto��emenis. ]f ihe pre�ious condiiion does access diiectly from the adjacent anerial(s), or if
apply, the de��elopment �+•il] be responsible, as a the purpose of the anerial(s)is to serve other prop-
minimum, for improvemeni(s) equivalent of local enies or mobility, the eity may pazticipate in
residemial screec(s). (Ord. 5164 § ], 1998; Ord. exploring altemative funding mechanisms to com-
4296 § 2, 1988.) plete the required improvements. (Ord. 5164 § 1,
]998.)
17.12.110 Residential collector arterials.
Proposed and existing residential collector arte- 17.12.122 Local nonresidendel streeta.
rials located wiihin or adjacent to the subdivision, Proposed and exisung strats, other than desig-
as designated by the city engineer in consultation nated arterials, which are located within or adja-
with the circulation element ofthe Aubum compre- cent to a subdivision, and which are to serve
� hrnsive plan,shall be dedicated to the city and con- property designated for commercial or industrial
swcted or improved co meet the city of Aubum uses, as designated 6y ttte city engineer in consul-
design and construction siandards and ciry of tation with the circulation element of tlie Aubum
Adburn specifications. If a property does not have comprehensive plan, shall be dedicated W the city
acress direcUy from the adjacent arterial(s), or if and conswcted or improved to meet t6e city of
the purpose of the anerial(s)is to serve other prop- Auburn design and consuvction standazds and ciry
enies or mobiliry, the ciry may panicipate in of Aubum specifications. (Ord.5164§ 1, 1998.)
_
exploring alternative funding mechan`is�s to com-
—=pleie the�equiied impiovements. 7��e p�ev�ous 17:12:13U�Loc1 re—sifienhal streeta.
condition does apply. the development will be Proposed and ezisting streets, other than desig-
responsible, as a minimum. for improvement(s) nated anenals, which are loeated within or adja-
equivalent of local resideniial street(s). (Ord. 5164 cent to the subdivision,and which are to serve only
§ I, 1998; Ord.4296 § 2, 1988.) property designated for residential pses, shall be
conswcted or improved to meet the ciry of Aubwn
17.12.120 Nonresidential collectar arterials. design and consttuction standards and the city of
Proposed and existing nonresidential collector Aubum specifications. (Ord. 5164 § I, 1998; Ord.
anerials located within or adjacent to the subdivi- 4296 .��' 2. 19R8.1
sion. as designated by the ciry engineerin consul-
tation with the circula�ion element of the Aubum 17.12.140 Rural residentisl streets.
comprehensive plan, shall be dedicated to the ciry ProposeJ �nd existing streets, other than desig-
and constructed or improved to meet the�ciry of nated anenals, which are located wit6in or adja-
Aubum design and construction standa�ds and ciry cent to RR. niral residential,.zoned property, and
of Aubum specifications. ]f a property does no) which are to serve only property designated for
have access directly from the adjacent anerial(s), rural residential uses, shall be conswcted or
or if the purpose of the anerial(s) is to serve other impro0ed to meet the ciry of Aubwn design and
properties or mobiliry, the city may panicipate in construction standards and the city of Aubum spec-
explorin@ altemative funding mechanisms to com- ifications. (Ord. 5164 § 1, 1998; Ord. 4296 § 2,
plete the required improvements. If the previous 1988.)
condition does apply, the development will be
responsible, as a minimum, for improvement(s) 17.12.150 Alleys. .
e_quivalent of local residential street(s). (Ord. S 164 Proposed and existing shall be in conformance
§ l, 1998; Ord. 4296 § 2, 1988.) �4ith the ci.ry of Aubum design and conswction
standards. (Ord. 5164 § ], 1998; Ord. 4296 § 2,
1988.)
17-21 (Re4ised 2IO2)
�' .
1��1�����0
17.12.170 Private streets, access tracts or B. Whenever an intersection of an anerial and
easements. . any other sveet is constructed or improved under
Private stree)s, access tracts or easements may the requirements of ttiis title, and when the city
be used as a means ofproviding access to a lot or engineer has determined that va�c signalization
lots.The construction of the private.streets shall be of such intersection will be needed in the future,
in conformance with Senion 2.OS of ihe city of the ci[y engineer may require the installation,at the ',
Autium design and construnion standards and ihe subdivider's expense. of underground conduit
con�truction of ihe access fracu shall be in con- "•hich U�ill be nece�san for and ��ill facilitate such
formance �+�fth ACC 15.48.130. IOrd. :�4_ : ]. fumre si�alizatfon. IGrd. :164 § ], ]995: Ord.
2001; Ord. 5164 § 1, 1998: Ord. 4296 § 2, 1988.) 4296 § 2, 1988.)
17.12.180 Dead-end st�eets. 17.]2.250 Lot requirements.
The conswction of dead end streets s}iall be in A. The area, width and depth of lou shall con-
conformance with the city of Auburn design and form to the re:quirements of the zoning ordinance:
constniction standards:(Ord. 5164 § 1, ]998; Ord. The area wit6in a"panhandle"access to a lot shap
4296§ 2, 1988.) not be considered for the purpose of deterriiining .
conformance with lot requiremenu. '
17.12.190 Changes in'grade. B. 7'he siu, shape and orientatian of lots shall
All changes in street grades shall be connected be appropriate for the location, topograp6y and
by vertical curves meeting tht city of Auburn other natiiral features of the site and for the type of
• design and construction standards;(Ord. 5164 § 1, development contemplated.
1998;Ord.4296 § 2, 1988.) ' C. Every lot shall have a minimum of 20 feet of
frontage on an improved public street or private
17.12.200 Sveet signs and'channelization. access tract, unless otherwise approved by this
T6e subdivider shall provide and install al1 title.
required qa�c regulatory signs,'street name signs D. Comer lots designa}ed for residential uses
and street striping and channelization as per the shall be platted at least five feet wider than required
city of Auburim design and conswction standards. by the zoning ordinance: �
--- ' (Oid.-5164 § 1, 1998;Ord. 4296 § 2, 1988.) E: Every lof shall border on an opened,
improved and maintained public meet or private
17.12.210 Street trees. access tract. .
Tree planting shall contortn to the ciry of F. For single-family residential lots fronting on
Au6�im design and construction standards. (Ord. arterials, provisions shall be made for serGice
5164 § 1, 1998; Ord.4296 § 2, 1988.) drives in fiont or access provided to a secondary
street or private access tract.
17.12.220 Street lighting. , G. 'fhe side lot lines of each lot, whic6 if
Street ligh�ing shall conform to the ciry of extended woald intersect with the curb, shall be
Au6um design and constrvction standards and marked on the curb as per the ciry engineer's stan-
shall be provided and installed by the subdivider. dard detail. (Ord. 5542 § l, 2001; Ord, 5164 § 1,
(Ord. 5164 § 1, 1998; Ord,4296 { 2, 1988.) 1998; Ord. 4296 fi 2. 1988.)
17.12.230 Fire hydrants: 17:12.260 Parks and playgrounds.
Fire hydran[s shall conform to the standards of Where dedication of land for park and recreation
Chapter 13.16 ACC. (Ord. 5164 § 1, 1998; Ord. purposes is re_quired,the council shall be guided by
4296 § 2, 1988.) the policies and recommended standards of the
Aubum park and recreation plan..It is the policy of
17.12.240 Underground utilities. the city ro require park land dedication where a
A. All utility lines serving the subdivision, proposed sabdivision wi11 result in a substanqal
including but not ]imited to power, telephone and increase in demand for park land or is needed to
television cables shall be ins}alled underground. prevent or abate public nuisances. Generally, this
Adequate easements shall be provided for all such will occur where a subdivision will result in the
utiliry lines which will not be located within public creation of lots capable of supporting 50 or more
right-of-way. 'fe]evision conduit and miscella- residential dwelling units; however, where it is
neous hard'wue shall be installed according to the deiermined that the proposed subdivision,together
requirements of Chapter 1336 ACC. with any reasonably anticipated future develap-
(Revised 2l02) 17-22
Auburn City Code 17.12:260
ment on adjacent or nearby land, will act in a
cumulative manner to substantially increase
demand.for park land, dedication may be required
of smaller subdivisions. The accepcabili.ry of the -- � �
size, configuration and location of land proposed
for park dedication shall be deiermined by the ciry
i
—r.. . .._ _ .. .__ � .. .__.__.__._ ...._— . ,
]7-22.1 (Revised 2IO2)
,
'. This page left intentionally blank.
(Revised 2IO2) 17-22.2 �
Auburn City Code 17.14.0�0
council based upon cuch facwrs as iopo�raphy. Chapter 17.14.
draina@e. n�eural ameniiies and access. (Ord. 516'4
§ I. 1998: Ord. 4772 § I. 1995: Ord. a296 § 2. SHORT SUBDIVISIONS
1988.)
Sections:
17.12370 Floods and Ilood control. 17.14.010 Gene�al pro4isions.
Thr cfiv m��� disappro�e a propo�ed �ubdi��ision 17:14.020 Preapplication conference.
because o1 ilood. inund:ni�n or ����m�cendiiion ff 17.19.0?0 Application.
ihe cii� find> �h�i wcn c�>n�iiion rox> a ihieat io I i.la.0a0 Accomp�nyingdocumen�s.
the public hr�l�h. �ofeiv or eeneral ��zlfare or 17.IA.050 Administr�tive raview.
causes a public nuisance� 17.14.060 Planning director's decision.
Where any ponion of the proposed subdivision 17.14.070 Distribution and filing.
lies wi�hin the one percent tlood hazard area or the 17.14.080 Conditional approval requirements.
regulatory floodway, ihe council shall impose a 17.14.090 Release of improvement guarantee.
condition on the preliminary pla� requiring the sub- 17.14J00 Impro4ement requirements. .
divider to confortn w�he Federal Emergency Man- 17.14.1 10 Unbuildable lotd.
agement Agency (FEMA) flood hazard
requiremenis. ]n such cases. no de�elopment per- 1'7.14.010 General provisiont.
mi� associated wi[h the proposed subdivision shall Land shall be divided by the short subdivision .
be issued by the city until said FEMA requirements meihod according to the provisions of this title, if
tiave been mei. the two (ollowing criteria are met:
The city may require dedicaiion of land to any A. The division will not resnit in the creation of
public body and/or the construc�ion of improve- more [han four lots, tracts or parcels;
ments and may impose o�her conditions necessary B, The lot being divided had not been created
to protect against flooding or inundation. (Ord. 6y a short subdivision within the prcvious Five
5164 § I, 1998: Ord. 4772 § I. 1995: Ord. 4296 § years except that when the shon plat contains
� 1988 � fewer than foor parcels the owner who filed the .
i� short plat may file a revised short plat within the
____. . _ — -- _......—�-- —.._ ._—.. ...
17.12:280 Additional requiremenLs.� five-year penod to create up to a iotal o�four lots
The staridards and requirements established or within the original short plat boundaries. (Ord.
referenced by this cliap�er are minimum require- 5164§ 1. 1998: Ord. 4840 § 1, 1996; Ord. 4296 �
ments. These standards may tie, increased, and 2. 1988.)
additional requirements may be imposed for the
purpose o(prevemin� or abating public nuisances 17.14.020 Preapplication confere_nce.
or mitigating identified adverse environmental Persons considering making application to short
impacts pursuant to the State Environmental Policy subdivide land lying within the city are encooraged
, Ac� o( 1971 (Chapier 43.?I C RCw) as now esiab- �o request that a preapplication conference be held
lished or hereafter modified. Such additional with appropriate ciry 5�aff. SuCh Yequest sha11 be
requirements may include_bu� shall not be limited directed to the planning director, and upon its
to off-site improvements �o any public facility, the receipt the director shall schedule a conference
deAication and/or improvement of parks and open between the prospective applicant and appropriate
spaces. and monetary contributions,�o any ciry ciry staff. The purpose of a preapplication conkr-
fund established to finance the provision of'public ence is for the prospective applicant and ciry staff
services required by the subdivision. (Ord. 5164 § to gain a common understanding of the natdre of
1. 1998:Ord.4772 § 1, I 995:Ord.4296§2, I 988.) the contemplated short subdivision and subsequent
development, and any procedures,rules, standards
and policies which may apply. The prospective
applicant is encouraged to bring to the conference
whatever information deemed appropriate to help
describe the existing nature of the.site and its sur-
roundings and the proposed namre of the contem-
plated short subdivision and subsequent
development. Such infortnation may include pha
tographs, sketches, and maps. The directoror the
prospective applicanr may reques[ that an addi-
17-23 � (Revlsetl 7i99)
, .
17.14.030
tional conference or con(erences be held to funher G. A shon plat prepared on the fortns supplied
the purpose of this section. (Ord. 5164 § I. 1998: with the applicaiion and comaining the following
Ord. 4840 § l. 1996: Ord. 4296 � ?. 1988.) information: ,
1. A legal descnp�ion of the shon subdivi-
17.14.030 application. �ion and of all the lots. vacis or parcels therein.
In addition to the requirements (or � compleied �ogether with ihe legal description of pnva�e roads �,
applica[ion as sec fonh in .4CC Tiile la. an appli- and easements iherein:
cation (or �hon �uhdi�fsion �pprm�l >h�ll he suh- ?. The daie. >c�le �nd nnnh arrou: '
miiied to ihe dep�nmeni oi pl�nnim_ :,nd �. The boun�:;n linr� io s.ale of ihe iroct io
communi�y developmem on forms io be pro�ided be subdivided�nd o(rach loi contained thzrein. All
by the depanment, and shall pro��ide ihe follou ing boundary lines to be properly dimensioned:
information: 4. The number assi�ned to e�ch lot:
A. The name, address and telephone number of 5. 'fhe location and widths of any easements
the applicant: for public services and uiilities within the area con-
B. A cenification by the applicam showing the tained within the shon subdivision;
entire contiguous land in which ihere is any imerest 6. The boundaries o( all lands reserved in , ,
by reuon of ownership,contract for purchase,ear- itie deed(or common use of[he property owners of . •
nest money agreement or op�ion by any person, the short subdivision:
firtn or corporation in any manner conneaed wi[h 7. The map and legal descriptions included
the development,and the names and addresses and in the application for a shon subdivision shall be
telephone numbers of all suchrpersons, firms or prepared and cenified by a registered land sur-
corporations; ' �eyor;
C. The existing zoning classifica�ion; H. Any additional peninent infortnation
D: The sguare footage computation of each lot required by the planning director. (Ord. 5164 § I.
or parcel sufficiently accurate io show that such lot 1998; Ord. 5170 § 1, 1998; Ord. 4840 § 1. 1996:
or parcel contains at least suffcient footage to meet Ord. 4296 § 2, 1988.)
minimum zoning and health requirements. The
_ square footage of land contained in access ease- 17.14.040 Accompanying documents. , '
_ ... . ._ -T -- --
ments oraccess panhandles shall not be mcluded in An applicauon for sliort subdivision approval
the lot size computations; : shall be accortipanied by the following:
E. The source of wareT supply for each lot, A. Proof of dare of last segregation of the parcel .
including proposed well locations and easements, of land to be shon subdivided:
if any: B. A completed environmental checklist fortn,
F. The.method of sew�ge disposal and, i(septic blank copies of which are available from the
tanks are to be_used, preliminary percolaiion iest depanment,if the responsible official deems it nec-
must be submitted. The percolation tests must be essary;
conduc�ed in accordance with counry health C. Copy of resirictions, if any, to be imposed
department regulations. A separate percolation test upon the ase of tfie land. Such restrictions must be
must be perforrned on each lot of the proposed recorded simultaneously with the shon subdivi-
short subdivision and submitted ro the depar[ment sion;
of public works for approval. The ciry engineer D. In. any shon subdivision where lots are
may require that such tests be made under h�gh served or to be served by a private road, the subdi-
ground water(winter)conditions. In lieu of requir- _ . vider shall furnish a copy of such funher covenants
ing that percolation test results be:submi[ted at the or documents that will result in:
time of applica�ion, the planning director may 1. Each lot owner ha4ing access therefo and
approve a short plat, subject to a condition that the having responsibiliry (or maintenance of any pri-
required test results be submi«ed and appro�ed by �ate road contained within the short subdivision in
�he city ensineer before ihe plat can be recorded. If such a condition as to allow free access for emer-
septic tanks and drainfields are used (or a sewage gency vehicles;
disposal system then the subdi4ider shall be 2. Allowing access (oremergertcy vehicles:
required to sign a nonremonstrance agreement if a 3. Such covenants or documents shall obli-
future local impro�ement district is formed provid- gate any seller to gi4e actoal notice to any prospec-
ing (or public sani�ary sewers to serve the short tive purchaser of the method of maintenance of the
P���; private road, which notice shall be caused to be
included in any deeds or comracts relating to such
(Aevise0 7/99) ��'�4
Auburn Citv Code 17.14.060
sale and such co�•enants or documents �hall be shall be incorpora[ed into the fortnal findings
recorded simuhaneously wiih ihe �hort subdi4i- which will form the basis of the director's decision ,
sioo: on the shon subdivision. If no comments arc
E. A currznt(u iihin 30 days� iitle company cer- received irom any of the parties referenced above.
tification of: the planning director shall make such findings as
I. The les�l descripiion of the ioial parcel the direc�or deems just. However, in every case a �
souehi io br ihon subdi�ided: proposed shon plat shall contain a statemem of
?. Thosz indi�idu�ls nr corr?nr�iiom hold- sppro�al fmm ihe cirv tneineer. �� to ihe survev
in, �n o��nrr�hip imere�i in ��id p:,rcel: daia. ihe I��ow o( �treeis. alle�•s and other ri�ht;-
3. Anv easrmeni; or rz��ncuons affeciing of-way.desi�nofbridges.sewerandwatersystems
the propeny to be shon >ubdivided wiih a descrip- and oiher swctures. The planning director shall
tion o( purpose and referenced by audiior's file not approve a shon plat which does not contain
number and/or recording number. (Ord. 5164 § I, such a statement signed by the city engineer.
1998: Ord. a8�0 § 1. 1996: Ord. 4296 § 2, 1988.) C The planning director shall review the.pro-
posed short subdivision and detertnine its confortn-
17.14.050 Ad.ministrative review. ance to che general purposes of this title, its �
A. An.application for shon plat approval chall conformance to the Aubum comprehensive land
be appro�ed,approved with conditions,retumed to use plan,and its confortnance to ACC Title I8,and
the applicant (or modifications or denied wiihin 30 any other applicable land use controls.'Chese deter- _
days of its receipt o(a complete application by the minations shall be incorporated into the fortnal '
depanment unless the applicam agrees. in writing, findings which wi41 form the basis of the director's
to an extension of chis time period. The depanment decision on the shon subdivision. (Ord. 5164 § I.
shall not be considered to be in receipt of a com- 1998: Ord. a840 § l, 1996; Ord. 4772 § I, 1995:
plete application for shon plat approval unless and Ord. 4296 § 2. 1988.)
until such time as the�pplicaiion meets the require-
ments of ACC 17.14:030 and 17.14.040, as deter- 17.14.060 Planning director's decision.
mined by the direcioc This time period may be A. 7�he planning director shall, within the time .
__..__ __,. extended i(an environmental checklist is required _.period_described�. ACC. 17:1�.050(A),.take one _..
by Chapter 16.06 ACC and such extension does not of the following actions:
conFlict with applicable requirements coniained in I. Approve the shon subdivision with or
ACC Title 14. without conditions;
B. Upon receiving a complete application for 2. Remm the shon plat to the applicant for �
� shon subdivision approval, the director sliall trans- correction or modification or for the constroction
mit a copy of the shon plat,togeiher with copies of of improvements as requested by the city engineer
any accompanying documents as the director or fire marshal; or
deems appropriate: w the following: 3. Disapprove [he shon subdivision.
I. City engineer. who shall review ihe pro- B. The director may require, as a condition of
posed shon subdivision wiih regard to i�s conform- plat approval, that any required improvements be'
ance to the general purposes of adopted traffic and guaran(eed by one of the methods described by
utility plans: adequate provisions for siorm drain- ACC 17.08.010. prior to short plat approval.
a�e, scree�s, alleys, other public ways, water and C. Upon reaching a decision, the director shall
sani�ary sewer: and con(ormance to an� applicable so notify the applicant. Notification shall include,a
impro4ement standards and specifications;, - reci[ation of the findings and conclusions upon
2. Ciry fire marshal, who shall' review the which the decision is based, and any conditions of
proposed short subdivision with regard to adequate approval and such notification shall comply with
pro�isions for emergency access; any applicable requirements contained in ACC
3. Any oiher city depanment, utiliry pro- Title 14.
vider. �chool disirict or other public or private D. Any person aggrieved by the decision of the'
emity as the director deems appropriate. planning director may appeal, within 14 days of
]n transmitting the proposed shon plat to tfie mailing the decision, the decision to the hearing
panies re(erenced above. the direcror shall solicit examiner in accordance with procedures pre-
their comments and recommendations, and note scribed in ACC 18.70,050(B)through(E).The city
the date by which commenis and recommendations shall extend the appeal period for an additional
must be received by ihe department in order to be seven days for shon plats that are accompanied by
considered. Any commen[s received by that date a final mitigaeed determination of nonsignificance
��•2$ (Revisetl 7/99)
i�.w.o�o ,
or final EIS. After public hearine ihereon.the hear- coniained in access easements,tracts or panhandles
ing examiner may appro��e. dis�pprove or return �hall not be included in lot area or lot dimension
the shon plat�o the �pplicant for modification,corv calculations for the purposes of this section.
rection. conswction o(improvements, or meeting B. Conformance with Adopted Plans. Stroet.
condition. of �ppro�al. The hzarine examiner's uaizr. sewer and seorm drainage facilities adjacent
decision shall bz final unle�� �ppealed io ihe city io or wiihin ihe shon subdivision shall be in con-
council a� prezcnbed in ACC I 5.66.160. �Ord. (ormance with ihe adopted city ordinances. stan-
°16J z I. 199�: Grd. 'S'0 c 1. 199c�: Ord- a'O6 � d�rd� and policie�. Ea�ements for uiilitie.
'. 1985.1 recummended bv wch plans .hall be provided io
ihe citv. ihe exact locaiion of such easemen[s to be
17.14.070 Distribution and filing. deiermined 6y ih_e city engineer.
The planning direcwr �hall either forward ihe C. Floods. Flood Control and Stortn Drainage.
original of the approoed shon pla� to ihe county 1. Where any portion of the proposed short
auditor for recording,or shall return the original to subdivision lies within the one percent flood haz-
ihe applicant (or recordine. The direc(or shall ard area or the regulatory Ooodway, the director
retain one copy o( ihe approved �hon pla� in the shall impose a condition on the short plat reguiring
files of ihe planning departmem. and shall (or.vard the subdivider to conform to the FeCeral Emer-
onz copy io the city engineer. (Ord. 5164 § 1. 1998; gency Managemem Agency (FEMA) Oood hazard
Ord. 4840 § l. 1996; Ord. 4296 § 2. 1988.) requirements.
2. A concepmal seortn drainage/site grading
17.14.080 Conditional appro��al requirements. plan may be required to be submitted,as part of the
Where a short pla[ is approved subject to condi- shon plat, as determined by the city engineer.
tions, no building permit shall be issued for prop- D. Adjacent S[reets. When any pqblic street
eny subject to the shon su6division prior to the lying adjacent to the propetty tieing short subdi-
conditions eittier being fulfilled or guaraniees pro- vided has insufficient width or for any other reason
' vided to ensure the conditions are met. (Ord. 5164 does not confortn ro minimum street standazds, as
§ I, 1998; Ord. 4840 § I. 1996; Ord. 4296 § 2, described in ACC 17.12.090 through 17.12.150,
�ggg � � suffcient additional rip,ht-o6way shall b_e„dedi-__
i- ___ _ ,
cated to the city and appropriate improvemenis
17.14,090 Release of improvement guarantee. shall be made by the subdidider ro confortn the
If an improvement bond or other guaramee hac abu«ing half of the street to such standards. Such
been submitted under ACC 17.14.060(B), such improvements may be delayed if guaranteed to the
• euarantee shall be released upon accep�ance 6y,the saiisfaction of the ciry engineer. Any such guaran-
city of a properly executed bill of sale for such tee shall be recorded with the plat and shall be
improvements. A portion of the guarantee equiva- binding upon the property owner and the owner's
lem to 10 percent of[he value o( public improve- heirs, successors and assigns. [n deciding whether
menls installed may be retained by the ciry for a a delay should be allowed, the ciry engineer shall
period of time up to one year a(ter acceptance, to consider the present and future need for such
ensure the adequace operation of such improve- improvement, She improved or unimproved nature
ments.(ollowing which any unused ponion of such of adjacent right-of-way, and whether or not street
�uarantee shall be released. (Ord. 5164 § I, 1998: srades have been established.
Ord. 4840 § 1, 1996: Ord. 4296 § 2. 1988.) -r � E. Access.
.. 1. All shon subdivisions shall border on an
17.I4.100 Improvement requiremenu. opened, constructed and maintained public street. .
A. Lot Area and Dimensions. Each lot created All lots within a short subdivision shall either bor-
by short subdivision shall contain sufficient square der on an opened,constructed and maintained pub-
footage and lot dimensions to meei the require- lic sveet or shall be served by a private street,
ments of ACC Tide 18. Each lot ro be served by an access easement, tract or panhandle having direct
on-site sewage disposal system shall be a minimum access to such a public street.Where private sEreets
of 15.000 square feet in area and shall also meet the and access easements are provided, they shall be
minimum lot area requirements of the counry improved or guaranteed to the city of Auburn and
department o( health rules and regulations, as be in conformance with the city of Aubum design
detertnined by the public works depanment. l.and and construction standards.
. 2. All private streets. access easements and
panhandks shall be capable of ineeting the fire
(Aev;seC 7/99) ��-Z6
�
Auburn City Code
17.16.020 �
access requiremen[s of Ch�pcer 13.16 ACC. in Chapter 17.16
addition to qny other requirement� of this title.
includine. burnot limiietl to. all-wea�her �urface LOT LINE ADJUSTh1ENTS
material�as provided 6y city enginzer. where not
otherwise required to be paved.and minimum turn- Sections:
around requirements on dead-end streeis or accesc 17.16.010 Scopz. ',
easemems qs �pecified by ih2 fire dep�nmem. 17.16.0?0 .Applica�ion.
F. Dedfc�iion of Sireei> 17.16.0+0 admini�ir�ti�e re� ie�+.
I. Dedic�uon of � public �iriei oi sireei>
may bt required. Hhenz�er ihe pl�nnine director 17.16.010 Scope.
finds tha� one or more of the (ollo�ing .onditions The boundary lines separaiing two or.more lots ,
. applies: of,record may be adjusted under the provisions of `
a. The general alignment of a proposed this chapter: provided, thatsuch adjustment:
private street, access easemem or panhandle fol- A. Will not result in the creation of any addi-
lows the general alignment of a future anerial reo �ional lot, tract, parcel, site or division:
• ommended by the tra(fc circulaiion elemem of the B. Will not create_any lot, tract, parcel, site or. ,
comprehtnsive plan; or division which contains insa(ficient area and '
b. The general alignment of a proposed dimensions to meet the requirements of ACC TiNe
privace street.access easement or panhandle can be 18:
reasonably modified io Qrovide a desirable through C. Will na adversely affect access, easements
connection between� two or more existing or or drainfields:
planned public streets ot anerials: or D. Will be consistent with any applicable
c. A pu'blic sireet would be necessary to health, building or similar regulations;
provide adequate'access to adjacent property not E. �'ill not increase the nonconfortning aspects
subject to the propos2d shon subdivisi'on. of an existing nonconfortning lot. (Ord. 4840 § l.
2. Whenever th'e direcior makes such a find- 1996; Ord.4296 § 2, 1986J
ing the short plat shall be re�umed to the applicant
and a_public_hearing scheduled on the proposed _ 17.16.020 Application__ _ •
stieet dedication. The hearing shall be conducted A In addiiion to the requirements for a com-
by the hearing examiner pursuam to ACC pleted application as set fonh in ACC.Tide 14, ap
18.66.150 and the examiner shall make a recom- application for lot line adjustment shall be made on
mendation ro the ciry council pursuam to ACC forms to be provided by the planning departmen[,
18.66.170. Subsequent to the council's decision, and shall be submitted to the planning depar[ment
the �pplicant shall prepare a statutory warranry together with ehe applicable fee and two copies of
deed, dedicating the street, and togeiher wiih the a plan,drawn to scale and accuraiely dimensioned,
deed retum the sfiort plat to [he director foc final clearly showing the following infortnation:
action. I. The proposed lot lines for all af£ected
G. Fire Hydrants. All lots within a shon plat lots, indicated by heavy solid lines; .
shall be cnpable of being served by a fire hydrant 2. The existing lot lines proposed ro be
as required by Chapter 13.16 ACC. Property zoned changed, indicated by heavy broken.lines;
RR, rural residential, may tie exempt: pro�ided the 3. The location of all strucwres existing
requirements of ACC 13.16.030 are-.+ne(. (Ord. upon tlie affected lots;
5164 g 1. 1998: Ord. 5170 § I, 1998:•Ord. 4840 § � 4. Th_e location and dimensions of any ,
l, 1996: Ord. 4296 § 2, 1988.) drainfield, easement, or right-of-way exis[ing
within or adjacent to any affected lot:
17.14.110 Unbuildable lott. 5. The area and dimensions of each lot fol-
E�try lot within a shon plat shall be capable of lowing the proposed adjustment;
being reasonably served by public or private sew- 6. The existing and, i(applicable, proposed
age disposal, water, and streets. The city �4i11 not future method of sewage disposal for each affected
app�b�e a short plat (or which a building permit lot. Where any lot affected by a proposed lot line
cannot be issoed if the necessary infrastructure is adjustment is served or is I.ikely to be served in the
not reasonably provided for. (Ord. 5164 § I. 1998; future by an on-site sewage disposal system,a per-
Ord. 4840 § I. 1996: Ord. a296 § 2, 1988.) colation �est for each such lot may be required 6y
�lie city engineerwhen the city engineer finds that
the proposed adjusiment could adversely aifect ihe
1�-2'] IRevisetl 759)
17.16.030
ability of such loi to be adzquately sen�ed by such Chapter 17.18 . .
on-site systzm. ' '
B. Whene4er a lot line adjustment involves a MODIFICATIONS :, ,,, ,..
detailed metes and bounds legal description the
planning director may require ihe lot line �djust- Sections:
ment to be prepared by a licen�ed land survevor in 17.18.010 Formal subdivisions.
order ro en>ure ihe �ccursc� o( ihe nzw le�al 17.18.0?0 Shon subdivisions.
de�cnption� �nd dr:���ine�. iOrd a��0 F 1. 1996: 17J�.030 Findin�so((act.
Ord. a296 .` ?. 1958.� 17-IS.OaO Condiiiona.
17.16.030 Administrati��e review. 17.18.010 Formal subdivisions.
An applica�ion (or a lot line adjustment shall be A, The hearing examiner may recommend, and
approved, approved with conditions. remmed to the ciry council may approve a modiPication of any
the applicant for modifications or denied within I S standard or specification.established or referenced
days of its receipt of a compleie applicaiion by the by Chapter 1Z.12 ACC, upon making the findings
depanment. The depanmeni shall not be consid- of fact in ACC 17.18.030.
ered ro be in receip� of a complete applicaiion B. The request for modification sfiall tie pra ,
unless and umil such time as ihe application meets cessed simultaneously with the preliminary plat
the requirements of ACC 17.16.020, as determined and the applicant shall submit the modification on
bv �he directoc (ortns provided by the planning department. (Ord.
A. The planning director shall (orward one 4296 § 2, 1988.)
copy oPthe proposed lot line adjustment plan to the
public works and fire depanment who shall review 17:18.020 Short subdivisions.
the plan and submit commems io ihe planning A. The hearing examiner may approve a modi-
direcror within 10 days of receipt. fication of any standard or specification estab-
B. Following receipt of the comments of those lished or referenced by Chapter 17.14 ACC,except
consulted under subsection A o(ihis section,but no that the requirement of ACC 17.14.100(A) shall
.. . '
later than 15 days following receipi of a complete not be lessened,upon makmg the findings of fact in
application, the planning direcior shall approv� or ACC 17:18.030.
deny the requested lo� line adjustment. In making a B. The applicant shall submit the modification
decision, the director shall makz appropriate find- on (orms provided by the planning department.
ings of fact in writing. Following a decision, the The modifica}ion shall also be accompanied by a
director shall notify ihe applicant. The applicant written agreement agieeing ro the excension oftime
shall then record ihe lot line adjustment at the period as provided in ACC 17.14.OS0(A).
appropriate King Counry offices, for propenies G. The hearing examiner shall conduct a public
located in King Coun�y. or recorded at the appro- hearing consistent with ACC 18:70.040. The
pna[e Pierce County off ces. forpropenies locaied eaaminer's decision shall be final subject to appeal
in Pierce Counry. The lot line adjustment musl be to the cily council in a manner u provided in ACC
recorded within 30 days or the lot line adjustment 18.66.160. (Ord. 4296 § 2, 1988.)
shall be null and void. A recordzd copy shall also
be retumed to the city. 17.18.030 Findipgs of fac1.
C. An aggrieved person may appeal ihe direc- A. Such modification is necessary because of
tor's decision on a lot line adjustment, within 14 . . special circumstances related to the size, shape.
days of mailing the Director's decision, to the hear topoeraphy, location ocsurtoundings of the subjeet
` ing examiner, in accordance with procedures pre- pioperty, to provide the owner with development
scribtd in ACC 18.70.050(B) through.(E), The rights and privileges permitted. to other.propenies
hearing examiner's decision shall be final unless in the vicinity and in the zoning district in which
appealed to the city council prescribed in ACC the subject property is located;
I 8.66J 60. (Ord. 5170 § I. 1998; Ord. 4840 § 1, B. That,because of such special cirwmstances.
1996; Ord. 4296 § 2. 1988.) the development of t6e propetty in strict confor-
mity with �he provisions ofthis tide will not allow
a reasonable and hartnonious use of the properfy;
C. That the modifcation, if granted, will not
al�er the character of the neighborhood,or be detri-
(fievise0 7/99) 17-28
,
Autiurn City Code 17.20.040
mental to surrounding propenies in wfiich ihe Chapter17.20
propeny is locatzd:
D. Such modific�tion will noi be materially det- VAGATlONS
rimental to �he implemeniation of the policies and
objective� of itie comprehensive land we. circula- Sections:
tion and uiilitv plans of the ciry: 17:30.010 .Application. ',
E. Literal inierprei�ifon of thz pro�ision�o(iFiis 17.?0.020 Sireeis. roads. a�d alle�•s.
iitle would depn�e ihe :,pplicam nf riehi� cnm- 17?0,0?0 Puhlic heanns.
monlv enjo�zd b� oihei proprnie, in in� >�me zon- 1 i.'O.OaO Tiilr io �s.�red p�open..
ing distnc(:
F. The appro�•al o( the modification will be 19?0.010 Application.
consistent wiih the purpose o(this tiUe: A. Whenever a person is interested.in [he vaca-
G. TFie modification cannot lessen the require- tion of any subdivision o� portion thereof, or any
. ments of tFie zoning ordinance.Any such modifica- area designaied or dedicated for public use, that
tion must be pYocessed as a variance pursuant to person shall file an application (or vacation with
ACC 18.70.010. (Ord. 4296 § 2. 1988.) . the ciry. ,
B. The application shall set forth the reasons for '
• 17.18.410 Conditions. vacation and shall contain signatures bf all panies
In a6thorization of a modifcation, the hearing having an ownership interest in that ponion of the
examiner may, attath , thereto such condiiions subdivision subject to vacation: If the subdivision
regarding the location,eharacter and other features is subject w restrictive covenants which wero filed
of the proposed modification as he may deem nec- at the [ime of the approval of the subdivision, and
essary to carry out the spirit and purpose of this title [he application for vacation would result in the vio-
and in ihe publirinterest. (Ord. 4296 § 2. 1988.) lation of a covenant, the application shall contain
�. an agreement signed tiy ap panies subject to tFie
covenan(s providing[hat tfie panies agree io tertni-
nate or alter the relevant co�enants to accomplish
, the Purpose_of ihe vacation of the subdivision or '
_.. __ _..
_. _.._ _ _— -- . —_
portion thereof. (Ord.4296 § 2, 1988.)
17:20.020 Streets,roads;and alleys..
A. When the vacation application is specifi=
cally for a road, street or alley; the proceduies for
street vacation in Chapter 12.48 ACC.shall tie uti-
lized for the vacation.
B. When the application is forthe vacation of `
' the plat together with the roads, streets; and/or
alleys, the procedure for vacation in this chapter
shall be used. (Ord. 4296§ 2, 1988j
17.20.030 Public hearing.
,r The hearing examiner shall conduct a public
. . . hearing pursuant to ACC 17.06.030 on the applica-
ti_on for a �acation and may recommend ro the
council to approve or deny the application for -
vacation of the sb6di4ision aftei deterrtiining the
public use and interest to be served by the vacation
of the subdivision.The council shall adopt by ordi-
nance any approval o(a vaca}ion pursuant to this
chapter. (Ord. 4296 § 2, 1988.)
17r20.040 TiQelo vacated property.
A. If any ponion of the land contained in [he
subdivision w� dedicaied io ihe public for public
use or benefi[, such land, if no(deeded ro ltie ciry
�7_Z9 (Revisetl�7/99)
i�.22.0�0
shall be dezded to the ciry unless ihe city council Chapter 17.22
shall set (onh findings ihat ihe pubiic use would
not be served in reiaining iiile ioihose lands. ALTERATIONS
B. Title to �he vacaied propeny shall vest with
the rightful owner �s ahown in the county records. Sections:
If the ��acaied land is I�nd thai �a�dedicaied to the 17.23.010 Scope.
public. (or public use other �h�n a road or s�reet. 17.??.0?0 Application.
and �he citv council ha� found ih:;i reiafning title io 17?'A;0 P"ublic heanng.
ihe I�nd i� noi in ihr publi, inieie>i. iiile iherrto 1�.??.OaO A�ze�smenL.
zhall vesi with ihe per�on or personc ownine the 17?2.0�0 Revised plai drawings.
propeny on each side ihereof, as deiermined by the
city council. N'hen the road or streei that is io be 17.22.010 Scope.
vaca}ed was contained wholly widiin ihe subdivi- Alterations to an existing subdivision 'which •
. sion and is pan of the boundary of ihe subdivision, cannot be processed as subdivisions,short sbbdivi-
title w the vacaied road or�ireet shall vest with the sions, lot line adjustments or vacations shall be
_ owner or owners of propeny con(ained within the processed pursuant to the requirements of this
vacated subdivision. chapter. (Ord. 4296 § 2. 1988.)
. C. If it is necessary to retain an aasement
through any ponion of vacated propeny, the ease- 17.22.020 Application.
ments shall be properly enecuied and recorded con- A. When any person is in[erested in [he alteo-
current with the ordinance approving ihe oacaiion. aiion ofany subdivision or the altering of any'por-
(Ord. 4296 § 2, 1988.) tion thereof,that person shall submit an application
to ifie city.
B. The application shall contain signatures of
the.majoriry of those persons having an ownership
inrerest of lots, tracts, parcels;sites oi divisions io
the subject subdivision or portion to be altered: If
i the subdivision is subject to restrictive covenants
--_ _... . _�........ .....___.. wrtiicfi were 1jr8-ai Che ume o ltie approv'al"of'the
subdivision, and [he application for alteration
would result in the violation of a covenant, the
application shall confain an agreement signed tiy
all panies subjec[ to the covenants providing thaz
�he panies agree io tertninate or alter the relevant
covenants to accomplish the purpose of the alter-
ation o(the subdivision or portion thereof:
C. The application shall also be accompanied
by a drawing showing tFie details of the alteration.
(Ord.4296 §"2. 1988.)
17.22.030 Public hearing.
_r 'I'he hearing ezaminer shall conduct a public
. _ , hearing pursuant to ACC 17.06.030 on the applica-
tion for an alteration and may recommend ro [he
council,to approye or deny the application for alter-
a[ion o(the subdivision after deterinining the pub-
lic use and interest to be served by the alceration of
the subdi4ision. 77ie council shall adopt by ordi-
nance any approval of an alreration pdrsuant to tfiis
chapter. (Ord. 4296 § 2, 1988.) '
17.22.040 Assessments.
lf any land within the alteration is part of an
assessment district, any outstanding assessments
shall be equitably divided and levied against the
�Revised 7i99j 17-30
,
Auburo City Code 17•24.030
- remaining lots. parcels. or tracts or be levied zqui- Chapter 17.24
iably on the lois resultin� from ihe aiteration. (Ord.
�296 § 2. 1988.) AA1ENDMENTS
17.2?A50 Re�ised plal drawings. Sections: ,
A. If ihe council appro�e� an �lieroiion the 17.24.010 Public heanng and no�ice. �
�pplicani shall p"i`o�ide a re�ised pla� drauine io 17.?4.030 Pl�nnin� commis�ion . ,
refleci ihe �llrr�iion. Thz di:���iiie sh:ill :il�o com rrc��mmzndsuon-
t�in am rzvi�ed leeal de>cripiion�. 17.2a.0i0 Coun:il �ition.
B. The re�•i�ed dra�-ine may need io be pre- 17.?�..040 Iniiiaiion of�mendments.
, pared by a licznsed land sur�•eyor if ihe council
determines che aheration is detailed enough io 17.24.010 Public hearing and notice.
require comple(e and accurate drawings. The planning director shall schedule a public
C. The revised drawing shall be signed by the h'earing to be held before the planning commission
mayor and it shall be the applicant's responsibiliry (or any proposal to amend [his [ide or to adopi ot
to have the revised drawing recorded at the appro- repeal any ord�inance under the authoriry estab- ',
priaie King County offices for propenies locaied in lished by Chap�er 58.17 RCW. The director shall
King County or recotded at ih_e ap'piopriaie Pierce cause noiice of such hearing�o be given as follows:
County offices for propenies located in Pierce A. By submitting to the State Planning and
Counry. (Ord. 'S170 � ;I. 1998: Ord. 4296 § 2, Communiry Affairs Agency a copy of the proposed
�qgg,� ordinance or amendment, together with a notice
indicating ihe time and place of public hearing;
B. By sending(o'any individual or organization
which has submiited a reqi�est for notifica�iori a
notice indicating the time and place of public hear-
ing, describing the general namre of the proposal.
and indicaiing how copies of the proposed ordi-
--._.... . __ _.._
___nance_or amendmen_t can_be_obtaiqed: a_nd .
C. By publishing in a newspaper of general cir-
culation iri ihe area a notice indicating tlie time and
place of public hearing, descrihing the general
nature of the proposal, and indicating #iow copies
of the proposed ordinance or amendment may be .
obtained. (Ord. 4840 § I. 1996; Ord. 4296 § 2.
1988.)
17.24.020 Planning commission
recommendation.
After the public hearing has been closed, ttie
planning commission shall recommend to the
council either adoption, adoption with modifica-
T tions, or rejection of [he proposed ordinance or
' . . amendment. In formulating its recommendation.
the commission shall consider,among other things.
the relationship between the proposed ordinance or
a_mendment and the comprehensive plan, 'other
applicable city policies;and otherexis[ing land use
• controls. (Ord. 4840 § l, 1996; Ord. 4296 § 3,
I988J
17.24.030 Council action.
The planning diieaor s6all(orward tlie planning
commission's recommeodation, in writing, to the
council,The council may elect to hold its own pub-
lic hearing, zither before ihe full council or before
]�_3j (Aewsetl 7i99)
t�.za.oao
a council comminee, in which case the ciry derk
shall cause adequate notice to be given. Tha coun-
cil shall consider, but shall not be bound by, tht
planning commission's recommendation in reach-
ing its own decision. (Ord. 43d0 § I. 1996: Ord.
a296 § 2. 1988.) '
17.?9.Oa0 Iniiiation nl'amenrimrnis.
A. The citv council. or pl;,nnim, �nd :ommu-
ni(y developmem commiuee of the cftv council.
upon its own mo�ion may requesi ihe planning
commission ro conduct a public tiearing to amend
any portion or all of tFiis tide:
B: The planning commission may upon iis own
motion call for a public hearing to amend any por-
tion or all of this title: .
G. Any resident or property owner of the ciry
may peti}ion the ciry to requesi an amendmen� to
the iext of this title. (Ord. 4840 § 1. I996.)
i
(Revisea 7i99) ��'3Z
� ' Title 18
ZONING*
Chapters:
18.02 General Pro�•isions ,
]8.04 Definitions
18.06 Districts and D1aps
18.08 R-R Rural Residential llistrict
I 5.10 R-S Single-Famil}� Residentia) DistriM
18.12 R-1 Single-Family Residential Dis[rict
18.14 R=2 Single-Family Residential District
18.16 R-3 Two-Family (Duplex) Residential District
18.18 R,4 Mulliple-Family Residential District
18.20 R-MHP Residential Manufactured Home Park District
18.22 RO ResidenUal ORce and RO-H Residential Office-Hospital District
18.24. C-N Neighborhood Shopping District
18.26 C-1 Light Commercial District
18.28 C-2 Central Business DistriM
18.30 C-3 Heavy Commercial District
18:32 M-1 Light Industrial District
18:34 M-2 Heavy Industrial District
18.36 BP Business Park District
1838 LF Airport Landing Field District
_ . _ ___ 18.40 P-1 PubGc Use District
15.42 UNC Unclassified Use District
18.44 I Instimtional Use District
18.45 Lea Hill (LH)District
18.46 Temporary Uses
18.48 Supplemental Development Standards
18.50 Landscaping and Screeuing
1852 Off-Street Parking and Loadiug
18.54 Nonconformiog Structures, Land and Uses
]8S6 Signs
1858 Performance Standards
18.60 Home Occupalions
18.62 Surface Mining
18.64 Admiuistrative aod Conditional Use Permits .
18.66 Hearing Examiner
18.68 Amendments
18.69 Planned Unit Development (PUD) District
18.70 Variances,Special Exceptions,aod Administrative Appeals
18.72 Administradon and Enforcement
18.74 Location ot Sexually Oriented Businesses
�g-1 . � (RBVi6ed 17ID4)
18.76 Planned Unit Developmenl Disvict (PUD)—Lakeland Hills Sout6
18.78 Terrace View(TV)Disirict
•For stam�ory prowsions on ihe powers of ciiy plannine commissions. see Ch�- ?5.63 RCW: for provisions on zoning in code ciues.
see Ch.35.63 RCW. �
' i -- ... . . . �. ._. ___'_._ .___._. .
I
(aehsed i v0a) 18-2
Auburn City Code 18.02,030
. — Chapter 18.02 as to the character of each zone and i�s panicular
suitability for specific uses,the need for such uses,
GENERAL PROVISIONS the common rights and interests of all within the
zone as wel] as those of the general public, and
Sections: with the view of conserving and encouraging the
18.02.010 Short tiAe. most appropriate use of land throughout the city ,
18.02.020 Purpose.' and to prevent and aba�e public nuisances. (Ord.
18.02.030 Scope. 5026 § 1, 1997: Ord. a773 § ]. ]995: Ord. 4229 §
18.02.040 Adminisirati��e inierpretations- 2. 1987.)
18.02.050 Zoning for annexed land.
18,02.060 Zoning for propeny influenced by 18.02.030 Scope.
Aubum Ciry Airpon. A. The provisions of this title shall apply to
both public and privace use of land within the cor
18.02.010 Shori tiUe. porate limits of the city.
. This tide shall be known as"the comprehensive B. Heieafter, no use shall be conducted, and'no
zoning ordinance"of the ciry which shall constirote building,swcmre and appurtenance shall be erect- .
Tide 18 of the Aubum Ciry Code and shall hereaf- ed, relocated, remodeled, reconstructed, altered or
ter be referred to as this tide. (Ord.5026 § 1, 1997; enlarged unless in compliance with the provisions
Ord.4229 § 2, 1987.) of this title,and then only after securing all permits
, and approvals required hereby. It shall be unlawfu]
18.02.020 Purpose. to build or use any building or swcture or to use
A. The purpose of this litle is to implement the premises in the ciry for any purpose or use other
city's cortiprehensive plan.This tiAe will be used to than the uses listed as being permitted in the district
further the growth and development of the ciry in which such building,land,or premises are locat-
consistent with the adopted comprehensive plan ed.
and its unplementing elemenu. This tide will also C. Any building,swcture or use lawfully exist-
further the purpose of promoting the health,safery, ing at the time of passage of Uiis title, although not
_ . __._morals,conyenience,comfort,prosperity,and gen- in compliance therewith,may continue as provided
eral welfare of the city's population and to prevent in Chapter 18.54 ACC. � -
and abate pbblic nuisances. D. In interpreting and applying the provisiops
B. The specific zones and regulations set out in of this tiNe, they shall be held to be the minimum
this title are designed to facilitate adequate provi- requirements for the promotion of the' public
sions of utilities, schools, parks and housing with health, safety, and general welfaie and to prevent
essential light. air, privacy, and open space; to and abate public nuisances. It is not intended by
lessen congestion on streets and facilitate the safe this tiUe to interfere with, abrogate or annul any
movement of traffic thereon; ro stabilize and easements,covenants or other agreemegts between
enhance property values; ro pievent the over- private panies.However,where this tide imposes a
crowding of land; to facilitate adeqbate provisions greater resviction upon the use of land and/br
for doing public and private business arid thereby tiuildings or in general requires higher standazds ,
safeguard the community's economic structure than other ordinances,rules,or pri4aie agreements,
upou which the ,prosperiry and welfare of all the provisions of this title shall govero.
depends and through such achievements help E. No division of land shall occur unless in
erisdre the safety and security of home life, foster compliance with the provisions of this tiUe.
good citizenship, create and preserve a more F. 7'his tide is not intended to regulate the erec-
healthful, serviceable and a{tractive municipaliry tion, conswction, or reconswction of publir
and envi�onment in which to live. streets, power poles, street lights, utiliry lift sta-
C. To most effectively accomplish these pur- tions, vansmission lines,or other public uses nec-
poses, this title divides the city in[o zones wherein essary to support the geoeral public welfare,
the location,height and use of buildiogs,the use of carried on by ihe city,or agents of the ciry working
land,the size of yards and other open space,and the under ttie appropriate contract or franchise. (Ord..
provision of off-sveet parking and loading aze reg- 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 §
ulated and resvicted in accordance with the com- 2, 1987.)
prehensive plan for t6e city. These zones and
regulations are deemed necessary and are made
with reasonable consideration,among other things,
]8-3 �Re�sea t�me�
18.02.040 ..
18.02.040 Administrati�e interpretations. Chapter 18.04
The planning director shall be authorized to
in[erpret the meaning of words, plvases and sen- DEFINITIONS
tences which ielate to the deterriiining of uses per-
mitted in the various disvicts, approval or disap- Sections:
pro��al of developmen� plans. or other related 18.04.010 Gene�al definitions.
zoning actions. 18.04.018 Accessory dwelling unit.
The plannin� director may permit other uses in 18.04.020 Accessor�� use.
a zone o�her than iho�c ��hich are lisied. if �he ]8.04.022 Repeoled.
direc[or determines ihe use is consis�eni with the 18.04.024 Repealed.
inteqt of the zone and is of the same general char- 18.04.027 Repealed.
acter of the bses perniitted within the zone. 18.04.030 Repealed.
Adminisvative interpretations may be appealed 18.04.032 Repepled.
to the hearing examiner as prescribed in Chapter 18.04.040 Airport, tieliport or aacraft landing
18.70 ACG: (Ord. 5026 § l, 1997; Ord. 4229 § 2, field.
1987.) 18.04.050 Airport elevation.
18.04:060 Airport hazard.
18.02.050 Zoning for annexed land. 18.04.070 Airport,landing area,
Prior to any parcel of land being annexed to the ]8;04.080 Airpon reference point
city,the property may be zoned consistent with the 18.04.090 Alley.
Aubum zoning districts and ihe comprehensive 18.04.100 Amusement device,-mechanical.
plan amended'if necessary. 18.04.1]0 Apartment.
Applica[ion for the rezone and necessary 18.04.120 Arcade.
amendment may be done simultaneously with the 18.04.130 Automobile repair.
request forannexation. 18.04.140 Automobile service station.
For property that is not zoned by the city of 18.04.150 Automobile wrecking.
Aubum prior to annexation, the property shall 18.04.160 Automobile wrecking yard.
assume t6e R-1 designaiion upon annexation. For 18.04.170 Auromobile, trailer, equipment sales
— -. _ ___.
those properties lying within the L,ea Hill area an� area.
not zoned by the city prior ro annexation, the prop- 18.04.180 Boardinghobse.
erty shall assume the LHR1 designation upon 18.04.185 Brew pub.
annexa[ion. , 18.04.190 Building.
If applicable, the planning director may be 18.04.200 Building height.
empowered to initiate a rezone application from 18.04.210 Building;main.
the R-1 or LHRI designation to a zone compatible 18.04.220 Building offcial.
with the comprehensive plan. This rezone process 18.04.230 Building site.
shall occur within six monchs of�he date of annex- 18.04.240 Commercial use.
ation. (Ord. 5354 § 2, 2000; Ord. 5026 § 1, 1997; 18.04.250 Comprehensive plan.
Ord. 4229 § 2, 1987.) 18.04.260 Conditional use.
18.04.270 Conforming use.
18,02.060 Zouing fo�p�operty in0uenced by , 18.04.280 Convact rezone.
Aubu�n City.AirporL 18.04.-285 Dangerous waste.
Refer to Chapter 18.38 ACC ro de�ermine if 18.04:290 Daycare center, nprsery school,
yourproperty will be required tocomplywith addi- preschool.
tional regulations that are associated with the air- 18.04.295 Designaied faciliry zone.
port. (Ord. 5026 § 1, 1997.) 18.04300 Densiry.
18.04310 Development standards.
18.04320 Disvict.
18,04.330 Dwelling..
18.04.340 Dwellings,types of.
18.04.350 Dwelling unit.
18.04.355 Extremely Hazardous waste.
18.04.360 Family.
I8.04.370 Fence.
18.04380 Floorarea.
(Revised t troa) 18-4
Auburn City Code 18.04.018
- 18.04.390 Foster home. 18.04.770 Quasi-public use..
18.04.400 Garage or carport,Yesidential, 18.04.780 Recreational vehicle,campine trailer.
18.04.410 Garage, commercial. travel vailer. motor home and wek
18.04.420 Grade. campe�.
18.04.430 Gross floor area. 18.04.790 Recreational vehicle park.
18.04.440 Groop residence faciliry. 18.04:792 Religious institution.
�
18.04.450 Guest conage. 18.04.500 Residence.
18.04.452 Hazardous material. 18.04.805 Restaurant. full-service. .
]8.04.453 Hazardous substance- ]8.04.808 Secure communii�� iran�ition facilit��.
18.04.454 Hazardous substance processing or 18.04.810 Shopping center.
handling. ]8.04.820 Sign,
18.04.455 Hazardous waste. 18.04.825 Solid waste.
18.04.456 Hazardous waste storage. 18.04.826 Solid waste processing facility.
18.04.457 1-lazardous waste treatrnent. 18.04.830 Repealed.
18.04.458 Haiardous waste Veatment and storage 18.04.840 Repealed.
facility, off-site. 18.04.850 Spot zoning.
18.04.459 Hazardous waste treatmen�and storage 18.04.860 Story.
faciliry, on-site. 18.04.870 Sveet,,privafe.
18.04.460 Home occupation. 18.04.880 Sveet, public.
18.04.4'70 Hospital. 18.04.890 Structure.
18.04.480 Hospital or clinic, sinall animal. 18.04.895 Tavem.
18.04.490 Hotel. ' 18.04.900 Use.
18.04.495 Household pet. 18.04.910 Variance.
18.04.500 Junkyard. 18.04.912 Wireless communications.
18.04(510 Kennel. 18.04914 Work release facility.
_ 18.04.515 Kitchen. � 18.04.920 Yard.
18.04.520 Landscaping: 18.04.930 Yard, front.
18.04:522 Lea Hill area. 18.04.940 Yard. rear. .
18.04.530 Lot. 18.04.950 Yard, side. '
18.04.540 Lot area. 18.04.960 Zone.
18.04.550 Lot coverage.
18.04.560 Lot dimensions. 18.04,010 General definitioos.
18.04.570 Lot lines. Except where specifically defined in this chap- '
]8.04.580 Lot of record. ier, all words dsed io this tide shall carry their cus-
18,04.590 Lot types. tomary meanings. Words used in the present tense
18.04.600 Manufactured home. include the future, and the plural includes the sin-
18.04.610. Manufactured home park. gular the word `'he'' or ''his" shall also refer to
18.04.620 Medical-dental clinic. "she"or "her;' the word `'shall" is always manda-
18.04.630 Mobile home. tory,the word"may"denotes a use of discreuon in
]8.04.640 Motel. making a decision,the words'tised"or"occupied"
18.04.650 Nonconforming use. shall be considered as though followed by the
18.Q4.660 Nursing home. words "'or intended, arranged or desi�ed to be
18.04.670 Occupancy. used or occupied." (Ord. 4229 § 2, 1987.)
18.04.672 Outdoor sales.
18.04.676 Optdoor storage. 18.04.018 Accessory dwelling unil.
]8.04.678 Repealed. An"accessory dwelling unit"is a self-contained
18.04.680 Parking area. residential uriit that is accessory to a single-family
18.04.690 Parking space or stall. home. An accessory dwelling unit cannot be a sep-
18.04.700 Person. arate freestanding swcture but must be part of the
18.04.710 Per'sonal service shop. single-family home or an accessory. structure otti-
18.04.730 Planning commission. erwise allowed by the applicable zoning district.
18.04.740 Planning director. An accessory dwelling uoit has its own bathroom,
18.04.744 Prerelease faciliry. kitchen facilities, living and sleeping areas,though
]8.04.750 Professional offices. ,
18.04.760 Public use.
18-$ (aevised t t/oe)
15.04.020
it can share other features with the single-family 18.04,050 Airport elei•ation.
home inclading the yard, parking, storage or laun- "Airport elevation"means the es[ablished eleva-
dry faciliues. (Ord.5399 § l, 2000.) �ion of the highest point on che usable landing area.
(Ord. 4229 § 2, 198Z.)
18.04.020 Accessory use.
"Accessory use" means a nse, a bnilding or 18.04.060 Airport hazard.
structure, pan of a building or other swcmre. "Airport hazard" means any structure. tree or �
w}iich is subordinate to and the use of which is inci- use of land which obstructs the airspace required
dental Io [hat of�he main building. swcture or use for. or is other�±�ise hazardous io. the ili�ht of sir-
on the same lot, including a resideniial garage.If an crafi in landing or takine off ai the airpon. (Ord.
accessory building is attached to the main building 4229 § 2, 1987.)
by a common wall or roof, such accessory building
shall be cbnsidered a pan of the main building. 18.04.070 Airport landing area.
PaTking areas wil] noC be considered an accessory "Airport landing area"means the uea of the air-
use under this definition. (Ord. 4229 § 2, 1987.) pon used for the landing, taking off or taxiing of
aiicrafL (Ord. 4229 § 2, 1987.)
18.04.022 Adult book and video establishment.
Repealed by Ord. 5835. (Ord. 4469 § l, 1990.) 18.04.080 Airport reference point
"Airport reference point"means the point estab-
18.04.O1A Adblt entertainment establishmenL lished as the approximate geographic center of the
Repealed by Ord. 5835.,(Ord: 4885 § 2, 1996; airport landing azea and so designa[ed. (Ord. 4229
Ord. 4469 § 1, 1990.) , § 2, 1987.)
18.04.027 Adult entertainmenG 18.04.090 Alley.
Repealed by Ord. 5835. (Ord. 4885 § 1, 1996.) "Alley" means a public right-of-way which
affords a secondary public means of vehicular
18.04.030 Adult motion picture theater. access to abutting propeny and which is not
Repealed by Ord. 6835. (Ord. 4469 § 1, 1990; intended for general traHic'circulation. (Ord. 4229
—�id.-4229 § 2, 1987:)- _ --- -- - -- - - - yc 2.-T987:)--------... ---- — ---- -- '
18.04.032 Adult bses. ]8.04.100 Amusement device,mechanical.
Repealed by Ord. 5835. (Ord. 4885 § 3, 1996; "Mechanical amusement device" means any
Ord. 4469 § 1, 1990.) machine which, upon the insertion of a coin, slug,
token, plate or disk, may be operated by the publir
18.04.040 Airporl,heliport or aircrafl landing generally for use as a game, entertainment or
field. amusement, whether or not registering a score. It
"Aiiport," 6elipoit;' or "aiicraft landing field" includes such devices asmarble machines,pinball
means any runway, landing area or other facili[y machines. skill ball, mechanical grab machines,
whether publidy or privately owned or operated, video games and all games, operations oi transac-
and which is designed,used or intended to be used tions similar thereto pqder whatever name they
eilher by publircarriers or by private aircrafi for may be indicated lo specify. "Mechanical amuse-
landing and taking off of aircraft, including ment device" dces noi include pool tables. (Ord.
ulvalights as defined by ACC 836.010. This defi- 4229 § 2, 1987.)
nition includes all necessary taziway�,aircraff stor-
age and tie-down areas, hangars and other 18.04.110 ApaHment.
necessary buildings and open spaces. This defini- "Apartment" means a dwelling unit in a multi-
uon does not indude manufacturing; servicing or family building. (Ord. 4229 § 2, 198�.)
testing tacili}ies located in the vicinity of any land-
ing area associated "with the manufacmring or test- 18.04.120 Arcade.
ing of commercial or military aircraft or activities "Arcade'' includes any place of66siness having
associated therewith. (Ord. 4229 § 2, 1987.) in excess of four mechanical amusement devices as
defined in ACC 18.04.100. (Ord. 4229 § 2, 1987.)
(Reyisee t iroa� 18-6
Auburn City Code 18.04.?AO ,
18.04.130 Automobile repair. the product brewed may be sold off-premises in
''Automobile repair" indudes fixing. incidental either bottles or kegs.A loading and unloading area
body or fender work, painting, and upholstering, mus�then be provided for.A fu11-service restaurant
engine tune-up. adjusting lights, brakes, supplying as defined by ACC 18.04.SOS must occupy at least
and installing replacement pans to passenger vehi- 51 percent of the gross floor azea of the tirew pub
des and wcks. (Ord. 4229 § 2. 1987.) and restauTant, combined. Any brew pub that dces
not meet the requirements of this defini[ion will be
18.04.140 Au�oniobile service station, considered a tavem as defined by ACC 18.04.89�.
"Auiomobile service siaiion" means a place of (Ord. 5352 F 1. 2000.)
business having pumps and/or storage tanks from �
which ]i.quid fuel and/or lubricants are dispensed. 18.04.190 Building.
Sales and installation of auto accessories,washing, ''Building'' means any swcture having a roof
polishing, inspections and cleaning, but not steam supported by columns or walls used or intended to
cleaning,may be cartied on incidenta]to the sale of be used for the shelter or enclosure of persons, ani-
such fuel and lubricants. Retail sales of food and mals or property of any kind. (Ord. 4229 § 2,
grocery related items may also be considered an ]987.)
incidental use. (Ord. 4229 § 2, 1987.)
18.04.200 Building height.
18.04.150 Automo6ile µ•recking. "Height of building"means the 4ertical distance
"Automobile wrecking" means the dismantling measdrbd from the finis6ed grade to the highest
or disassembling ot used motor vehicles or trailers, point of the roof for flat roofs, to We deck line of
the storage, sale or dumping of dismantled, obso- mansard roofs, and to the mean height between
lete, or wrecked vehicles or their parts; and the eaves and ridge for gable,hip and garnbrel roofs.If
towing of such vehicles or parts in connection with a swcture has none of the above features then the
such activity. (Ord. 4229 § 2, 1987.) height shall be measpred from the finished grade to
the highest portion of the strucmte.(Ord.4229 § 2,
18,04:160 Automobile wrecking yard. 1987.)
__..._ "Antomobile wrecking yard'? means any pre- _,_______ __________,
_._..
mises devoted to automobile wrecking. ( rd.4229 18.04.210 Building,maiq.
§ 2, 1987.) "Main building"means tFie principal building or
bbildings on a lot or building site designed or used
18.04.170 Automobile,trailer,equipment sales to accommodate the primary use fo which the pre-
area. mises are devoted. (Ord:4229 § 2, 1987.)
"Automobile, trailer and equipment sales area''
means an open area, other than a street or alley, 18.04.220 Building ofticfal.
used for the display, sale or rental of new or used "Building offcial" means the city employee or
automobiles, trucks, trailers or othei eqbipment. designee charged with the enforcement of this title.
(Ord. 4229 § 2, 1987.) (Ord. 4229 § 2, 1987.) '
]8.04.180 Boardinghouse. 18.04.230 Building site.
"Boardinghouse" means any dwelling.in which "Building site" means a parcel of land assigced
more than three persons, either individually or as to a use, to a main building, or to a main building
families, are hobsed or lodged for- hire with or and itsaccessory buildings, together with all yards
without meals. A roomingHouse or a fumished- and open spaces required 6y this title.(Ord.4229§
room house is a boardinghouse. (Ord. 4229 § 2, 2, 1987.)
1987:)
18.04.240 Commercial use.
18.04.185 Brew pub. `'Commercial use' shall mean any activiry or
"Brew pub", also known as a "rtiicrobre�4ery', use of land which involves the buying,selling,pro-
means an eatiug and drinking establishment which cessing or improving of things not produced on the
includes the brewing of beer, ale or malt beverage land and having financial gain as the primary aim
as an accessory use to a full-service restaorant.The of the activity or use; whether or not such activity
amount of beverage produced on the premises can- or use be for hire or on account of the buyer,seller,
not be less than 240 barrels or exceed 2,400 barrels processor,or improver. (Ord.4229§ 2, 1987.)
in any calendar yeaz. No more than 30 percent of
18-7 (Revised tiroe)
18.04.250
18.04.250 Comprehensive plan. A. "Babysitting care" means a dwelling which
"Comprehensive plan" means the comprehen- provides occasional custodial care to childien, for
sive plan for the Auburn planning area, as noH periods of less than 24 hours, who do not reside
constituted,or hereafter amended, or its successor. within the residence of the person providing the
(Ord. 4229 § 2, 1987.j care. Babysitting care is noi necessarily provided
in exchange for compensaiion.
18.04.260 Conditional use. , B. "Home based daycare" means a ]icensed �
"Conditional use° means a use pemiitted in a daycare tBat reeularh pro�ides daycare for not
zoning distrin onlv after re��ie�r and approval b� more �han ]2 children or aduhs in the pro�•ideYs
the hearing examiner. planning commission. ciq- home in the family livine quaners, for periods of
council, or planning director. Conditional uses are less than 24 hours, Home based daycare is allowed
such that they may be compatible only on certain in any home regardless of its zoning classification.
conditions in specific locations in a zoning district, C. "Mini daycare center" means a place, other
or if the site is regulated in a certain manner in than the home of the provider, which provides reg-
order to achieve the purposes of this title. (Ord. ulaz custodial care for one to 1.2 children, for peri-
4229 § 2, 1987.) ods of less than 24 hours.
D. "Daycare center" means a place which pro-
18.04:270 Conforming use. vides regular custodial care for 12 or more chil-
"Conforrtiing use" means an activiry the nawre dren,for periods of less than 24 houcs.
and type of which is permitted in the zone in which E. ''PreschooUnursery scFiool" means a place
the property on which it is,established is located. which provides regular custodial caze and/or orga-
(Ord. 4229 § 2, 1987.) nized leaming and educational experiences for
children. (Ord. 4705 § 2, 1994; Ord. 4229 § 2,
18.04.280 Contractrezone: 198'7J
"Contract:rezone" means an agreement between
the city and a property owner wtiich implements a 18.04.295 Designated facility ione.
rezone by outlining conditions and other obliga- "Designated facility zooe" means a zoning dis- �
uons. A convact rezone must demonstrate a gen- trict in wfiich hazardous waste veatment and stor- ,
�.� " ----- — - - . .. --�-�
e�al public tienefit, must run wiih�itie land 'and 6e age faciliues are.allowed uses,subject to the'-state
6inding upon the owner and his heirs, assigns and siting criteria designated in Chapter 70.105 RCW.
successors..A contract rezone cannot be inconsis- (Ord. 4294 § 2, 1988.)
tent with the comprehensive plan. (Ord. 4229 § 2,
1987.) 18.04;300 Density.
"Density' means the number of units within a
18,04:285 Dangerous waste. specified area calculated by dividing the total num-
"Dangerous waste" means those solid u�astes ber of square feet of the area by the number of
designated in WAC 173-303-070 through 173- dwelling unitsin the area. (Ord. 4229 § 2, 1987.)
303-103 as dangerous wasie. (Ord. 4294 § 2,
1988.) 18.04.310 Development standards.
"De4elop"ment standards" means regulations .
18.04.290 Daycare ceuter, nursery sc600l, penaining to setbacks, landscaping, height, site
preschool. coverage, signs, building layout, site design and
'Daycare center;' "nursery school:' "pre- related features of land use. (Ord. 4229 § 2, 1987.)
school" means any type of group daycare pro-
grems, tor children or adults, including nursery 18.04.320 District.
schools for children under minimum age for educa- "Disvict`' means a ponion'of the territory of the
tion in public schools, parent cooperative nursery ciry within which cenain uniform regulations and
schools, playgroups foi preschool cFuldren, cover- requuements, or various combinations ihereof,
ing afterschool care for school children, and pra apply under the provisions of ttiis title. (Ord. 4229
grams which provide organized leaming and § 2, 1987.)
education experiences, provided such establish-
ments are licensed tiy the siate and conducted in
accordance with state requirements. For the pur- I
pose of this tiQe the following shall also apply to �
daycaze center, nursery schools or preschools:
(aehsed iiroa� 18-8
Auburn City Code 18.04.430
18.04330 Dwelling. a hotel, clbb, boardinghouse or lodginghouse.
''Dwelling" means a tidilding designed exclu- (Ord.4229 § 2, 1987.)
sively for residential purposes,inclading one-fam-
ily, two-family and multiple family dwellings, but 18.04.370 Fence.
not inclading hotels or motel units without kiuh- "Fence"means a masonry wall orabarriercom-
ens. (Ord. 4229§2, ]987.) posed of posts connected by boards; rails, panels,
or wire for the purpbse of enclosing space or sepa-
18.04:340 Dw�ellings,t��pes of. rating parcels ofland. The tertn °fence" does not
"'fypes of dwellings�� means: include retaining walls. (Ord. 4229 § 2, 1987J
A. Dwelling, One-Family. "One-family dwell-
ing" means a detached building designed exclu- 18.04.380 Floor area.
sively for occupancy by one family and containing "F7oor area' means a total tloor area within the
one dwelling unit. A manufactured home may be walls of all buildings on a lot or building site;
considered a one-family dwelling if sited per ACC except for the spaces therein devoted to vents,
18.48.050. shafts and light courts and except for the area
B. Dwelling, Two-Family (Duplex). '"fwa devoted exclusively to loading and unloading facil-
family dwelling" or "duplex" means a building ities and to parking of motor vehicles. (Ord. 4229
designed exclusively for occupaney by two fami- § 2, 1987.)
lies living independenUy of each other, and con-
taining two dwelling units. 18,04.390 Fos{er home.
C. Dwelling, Multiple Family. "Multiple fam- "Foster home" means a home which provides
ily dwelling" means a building designed exclu- regiilar caze for up to four develoQmentally dis-
sively for occupancy by three or more families abled adults,or up to four adults who are�ecipients
living independenQy of each other, and containing of state or federal fmancial assistance services, or
three or more dwelling units. up to four foster children under the age of 18,or up
D. Dwelling, Townhouse. "Townhouse dwell- to three expectant mothers in a residential swcNFe
ing" means a building designed exclusively for of the person or petsons underwhose direct care
—occupancy- by-one--family and_containing..one___ _ and sppervision_the people are placed. (Otd. 4229
..---- -
dwelling unit, occdpying space from the ground to § 2, 1987.)
the roof and not lying vertically under or over adja-
cent units,and attached fo one or more other dwell- 18.04.400 Garage or carport,recidendal.
ing units by common walls. (Ord.4229 § 2, 1987.) "Residential gazage or cazport" means a build-
ing or a portion of a building principally used for
18.04.350 Dwelling uniL vehicblai equipment such as automobiles, boats,
"Dwelling 6niP' means one or more rooms etc., in which only motor vehicles used by the ten-
designed fo� or occupied by one family for living ants of the building or buildings on the premises
or sleeping purposes and containiog kitchen facili- are stored or kept. (Ord. 4304 § 1(1), 1988; Ord.
ties for use solely by one family. All rooms com- 4229 § 2, 1987.)
prising a dwelling unit shall have access Uirough an
interior door ro other parts of the dwelling unit.An 18.04.410 Garage,commerdal.
e�ciency apartment constitutes a dwelling unit "Corrimercial garage" means any garage not a
within t}ie rtieaning of this tide. (Ord. 4229 § 2, residential garage, and which is used for storage,
�qg�.� repair,rental, servicmg or supplying of gasoline or
oil to motor vehicles. (Ord.4229 § 2, 1987 J
18.04.355 Extremely hazardous waste.
"Exvemely hazardous waste"means those solid 18.04.420 Grade.
wastes designated in WAC 173-303-070 through "Grade" means the average of the finished
173-303-103 as extremely hazazdous waste. (Ord. ground level at the cen[er of all exterior walls of a
4294 § 2, 1988.) building.In case walls are within five feet of a pub-
lic sidewalk, alley or other public way, the grade
18.04.360 Family. shall be the elevation of the sidewalk,alley or pu�
"Family"means a person living alone,or two or lic way. (Ord.4229 § 2, 1987.)
more pe�sons customarily living together as a sin-
gle housekeeping unit and using common cooking 18.04.430 Gross floor area.
facilities,as distinguished from a group occupying "Gross floor azea" includes all tloor azea within
18-9
18.04.440
the ezterior walls of ttie building including area in ria of hazardous waste as defined by Chapter 713-
halls,storage,and partitions,but exclbding fumace 303 WAC, (Ord.4294 § 2, 1988.)
and similar utiliry space used solely to maintain the
building for occupancy. (Ord.4229 § 2, 1987.) 18.04.454 Hazardous substance processing or
handling.
18.04.440 Group residence facility. "Haaardous waste processing or handling"
"Group residence faciliry" means a faciliry means the use,storage,manufacture,production or
licensed by the state and operated with fol]-time other land use activity involving hazardous sub-
supervision for housing resident persons who, tiy siances.Hazardobs subs�ances processing and han-
reasons of the'v mental or physical disability, dling activities do not indude individually
addiction to drugs or alcohol, or family and social packaged household consumer products or quanti-
adjusunent problems, require a transitional non- ties of hazardous substances of less than five gal-
medical treatment program for reHabilitation and lons in volume per container. (Ord. 4294 § 2,
social readjustment.For the purposes of this title,a 1988.)
nonmedical treatment program consists of counsel-
ing, vocational guidance, training, group therapy 18.04.455 Hazardous waste:
and other similar rehabilitative services but dces "Hazardous wazte" means and includes al] dan-
not include drug and/or alcohol detoxifcation, gerous (see ACC 18.04.285) and extremely haz-
Moni;oring the taking of prescription medicauon ardops waste(see ACC 18.05.355).(Ord.4294§2,
shall be pertnitted. The use of inedication by any 1988.)
resident shall be incidental to that person's resi-
dence in the facility and shall not be a criterion for 18.04.456 Hezardous waste storage.
residence in tFfe facility. 7'his definition does not "Hazardous wazte storage" means the holding
include residential dwellings which meet all other of hazardous waste for a temporary period, Accu-
requiiements of this tide, that provide programs mulation of waste on the site of generat'ton is not
related to this definition or which provide services storage as long as the storage complies with appli-
of a nprsing home as defined by ACC 18.04.660. cable requirements of Chapter 173-303 WAC.
(Ord._4590_§ 2_(Exh. A),_1992; Ord. 4304 § 1(2), (Ord.4294 § 2, 1988.)__________ _ _ ,
1988;Ord.4229 § 2. ]987.) ' --
18.04.457 Hazardous waste treatment
18.04.450 Guest cottage.' "Hazardous waste treatment" means the physi-
"Guest cottage" means an accessory, detached cal,chemical or biological processing of dangeious
dwelling without any kitchen facilities designed waste Eo make such wastes nondangerous or less
for and`used to house vansient,visitors or nonpay- dangerous, safer for transport, or amenable for .
ing guests of the occupants of the main building. energy or material resource recovery.(Ond.4294§
(Ord.4229 § 2, 1987.) 2, 1988.)
18.04.452 Hazardous material. 18.04.458 HazarBous waste treatment and
"Hazardous material" means a substance or storage facility,oft-site.
materials in a quantiry or form that may pose an "Off-site hazardous waste treatrnent and stordge
unreasonable risk to health, safety or property facility" means the treatment and storage of haz-
when stored,transpbrted or used in commerce.For ardous waztes from generators on properties other
specific definitions of hazardous materials see than that on which the off-site faciliry is Iceated.
Code of Federal Regulations,Title 49,as amended; (Ord.4294 § 2, 1988.)
the Unifortn Fire Code, as amended; and the
Aubum Fire Department General Haiardous Mate- 18.04.459 Hazardous waste treatment and
rials Guidelines,as amended.(Ord.4294§2, 1988; storage facility,on-site.
Ord, 4229 § 2, 1987.) "On-site hazardous waste treatrnent and storage
facility" means t6e treatrnent and storage of haz-
18.04.453 Hazardous substance. ardous wastes generated on the same site. (Ord,
"Hazardous substance"means any liquid, solid, 4294 § 2, 1988.)
gas or sludge, including any material, substance,
product, commodity or waste, regardless of quan- 18.04.460 Home occupation.
tity that bxhibits any of the characteristics or crite- "Home occupation" means any activiry upder-
taken for gain or profit and carried odin a dwelling,
18-10
Auburn City Code 18:04.550
or building accessory to a dwelling.(Ord.4229§2, 18.04.515 Kitchen.
�9g�,) "Kitchen"means any room or portion of a room
designed to be used for cooking or the preparation
18.04.470 Hospital. of food,having a kitchen-type sink and provisions
"Hospitel" means an institution specializing in available for a permanent gas or electric stove or
giving dinical, iemporary and emergency services range. (Ord. 4304 § 1(4), 1968.)
of a medical or surgica] nature to human patients
and which is licensed tiy sta�e Izw to provide facil- 18.04.520 Landscaping.
ities and services in sur@ery, obsienics and geneial "Landscaping" means vegetati4e cove� includ-
medical practice. (Ord. 4229 § 2, 1987.) ing shrubs, hees, tlowers,.seeded lawn or sod, ivy
and other similar plant materiaL (Ord. 4229 § 2,
18.04.480 Hospital or clinic, small animal. 1987J
"Small animal hospital or clinic" means an
establishment in w6ich veterinary medical services 18.04.522 Lee Hill erea.
and/or clipping, bathing and similar services are "Lea Hill area"means that erea that lies east of
rendered to dogs,cats and other small animals and the Green River and is within the city's potential
domestic pets, not including kennels. (Ord.4304 § annexation azea (PAA) as illustrated in the ciry's
1(3), 1988; Ord.4229 § 2, 1987.) comprehensive plan and may either be unincorpo- -
rated ICing Counry or within the corporate bound-
18.04.490 Hotel. aries of the city of Aubiirn. (Ord. 5354 § 2,2000.)
"Hotel" means any building containing six or
moTe gues}rooms intended or designed to be used, 18.04.530 LoL
or which are used, rented, or hired out to be occu- "LoY'means a parcel of land. "Lot"also means
pied, or whic6 are occupied for sleeping purposes a legal lo} for building p.urposes which shall be of
by guests. (Ord. 4229 § 2, 1987.) at least sufficient size to meet minimum zoning
requirements for use, coverage, and area, and to
18.04.495 Household pet. provide such yards and other open spaces as are
___'Household peY' means a. domesticated animal required in this title. Such lot shall.have access to
-- _ _ i .. _ . . ._..
— — -- _—..
of ordinary species that lives. or is commonly an improved public street, or to an approved pri-
known to be capable of living, within the confines Jate stieet, and may consist of:
of a residence. Animals not considered to be com- A. A single lot of record;
mon household pets include but aze not necessarily B. A portion of a lot of record;
limited to the following: horses, cows, goats, C. A combination of complete lots of record,
sheep, swine, donkeys, chickens, endapgered or and portions of lots of record, if more than one lot
exotic species and any similar species. (Ord. 5777 is used for a building site then a lot line adjustrnent
§ 1, 2003; Ord. 4229 § 2, 1987. Formedy shall be processed to remove the interior lot lines;
18.04.720.) D. A parcel of ]and desrnbed by metes and
bounds;provided,that in no case shall the division
18.04.500 Junkyard. or combination of any residual lot or parcel be cre-
"Junkyard"includes automobile wrecking yards ated which does not meet the requirements of this '
and salvage yards or any premises devoted wholly code. Lots created by the county assessor's office
or in part to the storage,buying or selling of or oth- shall not be considered as building lots or lots that
envise handling or dealing in, old rags, sacks,bot- can be further subdivided unless in accordance
tles, cans, papers, metal, rubber or other articles with this title and land division ordinance. (Ord. '
commonly known as junk. (Ord.A229 § 2, 1987.) 5170 § 1, 1998; Ord. 4229 §2, 1987.)
18.04.510 Kennel. 18.04.540 Lot area.
`-`Kennel" means a place where four or more "Lot area"means the total horizontal area within
adult dogs or cats or any combination thereof are the boundary lines of a lot.(Ord. 4229 § 2, 1987.)
kept, whetherby owners of the dogs or cau or by
persons providing facilities and care, whether or 18.04.550 Lot coverage.
not for compensation, but not including a small "Lot coverage" means that percentage of the
animal hospital or clinic. An adult dog or cat is one plot or lot area covered by all buildings including
of either sex, altered or unaltered,that has reached accessory buildings and uses. Coverage is deter-
the age of four months. (Ord. 4229 § 2, 1987.) mined by measuring from a horizontal plane from
18-11 (Re�sed 3loa)
18.04.560
the outermost edge of ea4es, comices, overFiangs, 18.04.580 Lot of record. •
or areas covered by a weathenight roof. The first "Lot of record"means a lot which is recorded in
two feet of an eave overhang will,however,not be the o�ces of King Counry or Pierce Counry and in
used in the lot coverage calculation. (Ord. 4705 § conformance with this title and the land division
2, 1994; Ord.4229 § 2, 1987.) ordinance. (Ord. 5170 § I, 1998; Ord. 4503 § l,
1991; Ord, 4229§ 2, ]987.)
18.04.560 Lot dimensions.. �
A. "Lot depth"means: 18.04.590 Lot h'pes.
]. ]f the front and rear lines are parallel. the A. "Comer loi'means a ]ot situated at the inter-
shonest distance between such lines; section of two or more sveeis.
2. If the front and rear lines are not paral.lel, B. '9nterior lot"means a lot that is neither a cor-
the distance between the midpoint of the front lot ner or t}irough lot.
line and the midpoint of the rear lot line. C. "Throug6 lof' means a lot other than a cor-
B. "Lot width" means the horizontal distance ner lot, which abuts two streeu.
between the lot side lines measured at right angles D. `Panhandle lot"means a lot accessed, from
to the line comprising the depth of the lot at a point the abutting street, by a narrow comdor of land
midway between the lot front line and the lot rear within thesame lot.
line. (Ord.4229 § 2, 1987.) The area within t6e panhandle access stiall not
be included in any lot size calculation including lot
78.04.570 Lot lines. area, lot width, lot depth or lot coverage.
"Lot lines"means the lines bounding the lot. No buildings shall be erected within the panhan-
A. Front lot line: � dle access.
1. For an interior lot, the from lot ]ine shall See ACC 18.48.130 for development standards
be t6at lot line which abuts the street right-of-way. ' for panhandle lots.(Ord.5543 § l,2001;Ord.4503
2. For a comer lot,the front lot line shall be § 1, 1991; Ord. 4229 § 2, 1987.)
that lot line(s) which abu[s a designated arterial. lf
neither or b:oth is%zre a designated artenal, the 18.04.600 Manufactured home.
builder/owner sfiall at the time of applying for a "Manufactured home"means a structure, trans-
ermrt have the o don of selec{in wh�ch lot line -oriable'in one or more sections from its maiiufac= ---
P P 8 -- - - - - p
shall be the front lot ]ine,the other line lot abuning turer, retailer, or wholesaler, to iu destination. A
the intersecting street shall become a street side manufachued home is designed primarily for resi-
yard. dential occupancy by human beings and the term
3. For a through lot, both lot ]ines which. includes mobile home or modular home. This def-
abut a street right-of-way shall be considered the inition does not include a recreational vehicle as
front lot line, either of which may be considered a defined by ACC 18.04J80. (Ord. 4350 § 2, 1989;
reaz lot]ine for the purposes of calculating the lot Ord. 4229 § 2, 1987.)
widt6 and depth,only.
B. Rear lot line: the line opposite, most distant 18.04.610 Manufactured home park.
and most pazallel with the front lot line.For a bian- "Manufactured home park"means an area of not
gular or go�e-shaped lot, a line ]0 feet in length less than five acres designed to accommodate man-
within the lot and farthest removed from the front ufactured homes. (Ord. 4229 § 2, 1987.)
lot ]ine and at right angles to the line comprising
the depth nf the]ot shall be used as the rear lot line. 18.04.620 Medical-dental clinic.
C. Side lot line: all lot lines which do not qua]- "Medical-dental clinic"means an establishment .
ify as a rear or front lot line. for treatrnent of outpatients,and providing no over-
D. Panhandle lot lines: for a panhandle lot, the night caze for patients. (Ord.4229 § 2, 198�.)
lot lines shal]be approved by the planning director.
The lot lines shall be most consistent with the 18.04.630 Mobile home.
adjoining lot lines and shall take into consideration "Mobile home" means a factory-conswcted
any unigue physical characteristics of the property. residential unit with its own independent sanitary
(Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987). facilities, that is intended for yeai-round occu-
pancy,and is composed of one or more major com-
ponents which are mobile in that they can be
supported by wheels attached to their own integral
frame or swcture and towed by an attachment to
(Revised 3io4) . , � 18-12
Auburn Ciry Gode 18.03.730
—' that frame or swcmre over the public highway ]8.04.672 Outdoorsales.
under license or by special permit. This definition "Outdoor sales"means an open area used for the
does notinclude a recreational vehide as defined display, sale, or rental of goods and/or materials
by ACC 18.04.780. (Ord. 4350 § 2, 1989; Ord. that are actively marketed and readily aJailable for
4229 § 2. 1987.) general public consumption.This dces not include
storage areas of materials that are sold else«�here
]8.04.640 r9otel. on the premises or junkyards as defined bv .4CC
"Motel" or "moior hoiel" means a group of 18.04.500. (Ord. 4229 § 2, 1987.)
buildings coniaining indi��idual sleeping or li�ing
units, designed for use by automobile tourist or 18.04.676 Outdoor storage.
transients, with garage attached or parking space "Outdoor storage"means the keeping of materi-
conveniently located to each unit. (Ord. 4229 § 2, als, supplies, equipment, machinery" arid vehicks
1987.) which aze not currently licensed or capable to oper-
ate on public sveets or highways, in an open,
18.04.650 Nonconforming use. uncovered yard or nonwalled buildings. This def-
"Nonconforming use" means a use which when nition includes junkyazds as defined by ACC
commenced, complied with use regulations appli- 18.04:500, but excludes outdoor sales as defined
cable at the time when such use was commenced, by ACC 18.04.672. (Ord. 4229 § 2, 1987.)
and which does not conform to the existing use reg-
ulations of the disVict where the use is now being 18.04.678 Panoram or peepshow:
conducted or cazried on.The term"nonconforming Repealed by Ord. 5835. (Ord. 4885 § 4, 1996.)
use" shall be applicable to use of buildings, swc-
tures, and land. This definition dces not include 18.04.680 Parking area.
those uses existing in the zone, prior �o the adop- . "Pazking area" includes the parking space
tion of this title, which would now regu'ue an together with driveways and the access to a public
_. adminisVauve or conditional dse permit to operate street. (Ord. 4229 § 2, 1987:)
in the zone.Any expansion of the space,voluroe or
---area'of,the-use would.then require an adminisva- ]8.04_690 Parking space or stall.
tive or conditional use permit as tFiis title may A "parking space" is any off-stree[ space
require. (Ord. 4229 § 2, 1987.) intended for the use of vehicular parking with
ingress or egress to the space wHich is eas�ly iden-
18.04.660 Nursing 6ome. tifiable. (Ord. 4229§ 2, 1987.)
"Nursing home;' 'Yest home," "convalescent
home:' "guest home" and "home for the aged" 18.04.700 Person.
means a home operated similarly to a boarding- "Person" means namral person, joint venture,
house but not resvicted to any number of guests or joint stock company, paztnership, association,
guest rooms, the opera�or of which is licensed by club, company, corporation, business; Wst; orga-
the sute or counry to give special care and cure to nization, or the manager, lessee, agent, servant,
his or her charges, and in which outsing, dietary o�cer or employee of any of them.(Ord.4229§2,
and other personal services are furnished [o conva- 1987.)
lescents, invalids and aged persons, and in which
homes are performed no surgery, maternity or any 18.04.770 Personal service shop.
other primary treatmen[s such as customarily pro- "Personal service shop" means premises
vided in hospitals,and in which no persons aze kept devoted to hair sryling, cutting or permanenu,
or served who oormally would be admitted to a manicurists, custom tailoring, and similar related
mental hospital or to a group resideoce faciliry. uses. (Ord. 4229 § 2, 1987.)
(Ord,4304 § 1(5). 1988;Ord. 4229 §'2, 1987.)
18.04.730 Planning commission.
18.04.670 Occupancy. "Planning commission'' means th.at body cre-
"Occupancy" means the purpose for which a , ated by Chapter 2.45 ACC. (Ord. 4229 § 2, 1987.)
building is used or intended to be used. The term
shall also include the building or room housing
such use. Change of occupancy is not intended to
include change of tenants or proprietors. (Ord.
4229§ 2, 1987.)
18-13 (Rehsed 11roa)
is.oa,�ao
18.04.740 Planning director. }8.04.790 RecreaUonal vehicle park.
"Planning director" means the person desig- `'Recreational vehicle park" means a parcel of
nated by the mayor as the director of the ciry land designed and improved ro accommodate two
department of planning and community develop- or more recreational vehicles on a temporary basis.
ment or his designee. (Ord. 4229 § 2. 1987.) Spaces are typically rented for overnight use,not to
exceed 120 days. (Ord. 4229 § 2, 1987.)
18.04.744 Pre�elease facilit�.
"Prerelease facilii�•" has the same meaning as 18.04.792 Religious institution.
"��-ork release fscilii�'�for the purposes of this iitle. "Religious institution" means an establishment
See ACC 18.04.914. (Ord. 4590 § 3 (Eah. B), that provides religious worship, religious services
1992.) or religious ceremonies as its principal use with the
sanctuary or principal place of worship contained
18.04:750 Professional oflices. within a principal building. Incidental and acces-
"Professional offices"means offices maintained sory uses that include Sunday school rooms, day- •
and used as places of business conducted by per- care, classrooms; kitchen, library room or reading
sons engaged in health services for human beings, room,recreation liall or offices are permitted in the
such as doctors and dentists, and by engineers, principal building or in separate buildings. Caze-
auomeys,realtor"s,aichiiects,accountants.clerical, taker's quarters or living quarfers for employees
and other recognized general office and medical are also pertnissible. lncidenial and accessory uses
occupations. (Ord. 4229 § 2, 1987.) not pertnitted are: (A) facilities for.training of reli-
gious_ orders; (B) nonemployee rooms for rent,
18.04.760 Pub6c use. boarding rooms or similar facilities; or (C) public
"Public use" means a use operated exclusively showers or other Pdblic health services.(Ord.5550
by a public body, such use having the purpose of § 1, 2001.)
serving the public health. safe[y, or general wel-
fare, and including uses such as public schools, 18.04.800 Residence.
parks,playgrounds, and administrative and service "Residence" means a building or swcture, or �
• facilities. (Ord. 4229 � 2, 1987.) ponion ihereoL which is designed for and used to '
- provide a place of abode for human beings,buf not
18.04.770 Quasi-public use. including hotels or motel units having no kitchens.
"Quasi-public use" means a use operated by a The term "residence" includes the term "residen-
private nonprofit educa�ional, religious, recre- tiaP'as referring to the type of,or intended use of a
ational, charitable, or medical institution having building or a strucwre. (Ord. 4229 § 2, 1987.)
the pqrpose primarily of serving the general public;
and including uses such as chuiches, private 18.04.805 Restauranl,full-service.
schools, and 'universities, community, ybuth and "Full-service restaurant" means a pubGc eating
senior citizen recreational (acilities, private hospi- place that is used, maintained, advertised and held
tals,and t6e like. (Ord. 4229 § 2, I987.) oui to the public as a place that has a full dinner
and/or lunch menu serving full course mea_Is, daity
18.04J80 Recreational ve6icle,camping prepared in its own kitcheu; that are typically
trailer, tra��el trailer,motor home served at a table or counter.Food prepared to go or
and truck camper. for take-out is allowed as an acce'ssory use as long
"Recreational vehic_le," "camping qailer;' as the same .menu and kitchen is used as for the
"vavel vailer," "cnotor home" and "inick camper" full-service restaurant: This definition excludes
mean vehiculaz-type units primarily designed as fast food, drive-in types of restaurants,which have
temporary living quaners tor rureational,camping characteristics including but not limi[ed to a dri4e-
or travel use, with or without motive power, being through window,counter-only service and no wait-
of such size or weight as not to require a special ers or waivesses.
highway movemeut permit and is licensed by the A full-service restaurant may serve alcoholic
state as a recreational vehicle. (Ord. 4350 § 2, beveragesthat are incidental and complimeutaiy to
1989;Ord. 4229 § 2, 1987.) the serving of the food. A full-service restaurant
may have a sepazate lounge where tLe primary
function is the sale, serving and consumpuon of �
alcoholic beverages. However, the size of the
lounge cannot exceed 30 percent of the goss tloor
�ae�sed i voa) 18-14
Auburn Cih� Code 18.03.826
area of the resiaurant and loun'�z combined. An.• 18.04.826 Solid N•aste processing facilih,
eatin� place that senes alcoholic be��eraoes and ''Solid wasie processine facilit�" means the
dozs not meet the requirements of this definition man�gement. collection. transponation. temporarv
w-ill be considered a iavern as defined by ACC storaee. [reatment. utiliza[ion. and processine of
18.0�.89�. (Ord. 5382 � 1. 2000.) solid H astes bv means of pyrol��sis. refuse-deri��ed
fbel.or mass incineration ��ithin anenclosed struc-
_.
]8.0-0.808 Secure communit� transition ture. These processes ma� include saurce separa- ,
facilitc. ' tion and reco�ery of rec�-clnble materials from
"Secure communii� transition f�cilit�`' means a solid wastes.ehe reco��en•ofenere� resources from
residemial f�cilitv (or persons ci�ilh commiued such tiasies or�he com�ersion o(the ener_v in such
under Chap�er 71.09 RC�'. Sexuall�•V iolent Pred-
aiors. who are conditionallv released under said
chapter io a less res}rictive altemaiive (to total con-
finement or imprisonment). A secure communiry
transition facili[y has supervision and security.and
ei[her provides or ensures the provision of sex
oHender treatment services. Secure community
transition facilities include but are no[ limited to
the facilities established pursuant to RCW
71.09.250 and any communit�-based facilities
established under chis chap[er and operated by or
under contract with the Washineton State Depart-
ment of Social and Healih Services. (Ord. 5690
§ 3. 2002.) . _
18.04.810 Shopping center. .
"Shopping center" means a series of unified
commercial establishments which provide retail.
---- busioess.-entenainment_.or_professionaLsecvices.—____ _ . _.—.__ �
share the same parkine facilities arid contain in �
excess of 100.000 square feet of gross floor area.
(Ord. 4?29 § 2, 1987.)
18.Oa.820 Sign.
"Sign" means any <isual communication
device. structure. or fixmre which is visible from
any rieht-of-H�ay intended to aid the business
r establishmencin question in promoting the sale o(
a product,goods or service usine eraphics symbols
or urit[en copy. It shall be restricted solely to
graphics, symbols or w�itten copy that is meant [o
be used in the aforementioned way. (Ord.�229 § ?. .
1987.)
18.OA.825 Solid w•aste.
"Solid w�aste" means all puvescible and nonpu-
trescible solid and semisolid w•astes includine, but
not limited to. garbaee. rubbish. ashes. industrial
wastes. sH�ill, demolition and cons[ruction wastes.
abandoned vehicles or pans thereof. and discarded
commodities. (Ord. 426? � l. 1988. Fortnerly
l 5.04.023.)
]$-]4.] (Revised 2/03)
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-- _--- - --, -- ------------ ----.... . - -
(Revised 2/03) �8-��.2 �
Auburn City Code 18.04.912
;
— wastes to more useful forms or combinations 18.04.890 Structure.
thereof. This definition refers to citywide or "Strocttire' is that which is built or conswcted.
regional scale operations and does not include solid an edifice or building of any kind. or any piece of
waste handling wfiich is accessory to an individual work artificially built up or composed of parts
principal use. (Ord. 4262 § 1. 1988. Formerly joined together in some definiie manner, except
18.04.025.) benches,statuary.planter boxes less than 42 inches ,
in height, and fences 72 inches or under in height.
18.04.830 Specified anatomical areas. or paved areas. (Ord. 4229 � 2. ]987,)
Repealed b� O�d. 5835. (OFd. 42�9 F ?. ]9Si.l
]8.04.895 Ta�ern.
18.04.840 Specified sexual activities. "Tavern" means an establishment operated pri-
Repealed by Ord. 5835. (Ord. 4229 § 2, 1987.) mazily for the sale of wine.beer or other alcoholic
beverage that may or may not include the service of
18.04.850 Spot zoning. food as an accessory use. (Ord. 5382 § 1, 2000.) '
"Spot zoning" means zoning a relatively small
area differently from the zoning of the surrounding 18.04.900 Use.
azea,usually for an incompatible use not consistent "Use" means an activiry or purpose for which
with the comprehensive plan. (Ord. 4229 § 2, land or premises or a building thereon is designed,
1987.) azranged, intended, or for which it is occupied or
maintained, let or leased. (Ord. 4229§ 2, 1987.)
18.04.860 Story. � .
"Story" means that ponion of a building, 18.04.910 Variance.
included between the surface of any floor and the "Vaziance" means an adjustment in the applica-
surface of the floor nexi above it. or if there is no tion of the specific regulations of this title ro a par-
tloor above it,then the space between the tloor and ticulaz piece of property. (Ord. 4229 § 2, 1987 J
_ the ceiling next above it:If the finished floor level
direcdy above a usable or unused under-floor space 18,04.912 Wireless communicatious.
is more than six feet above grade as defined in this "Wireless cominunications" means the provi- ,
--
chapter for more than 50 percent of the iotal perim- sion of any personal wireless serJic6;as defined in
eter or is more than 12 feet above grade as defined the Telecommunications Act of 1996, and for the
in this chapter at any point, such usable or unused purposes of this title includes the following terms:
underiloor space shall be considered as a story. A. "Antenna" means a device used in wireless
(Ord.4229 § 2, 1987.) communications which transmits andlor receives
radio signals. Antennas include the following
18.04.870 Street,private. types:
"Private street" means any easement, tract or l. Accessory: Antennas including, but not
street wfiich is not a public street.For the purposes limited to, test mobile.antennas and Global Posi-
of this title a private s[reet will be considered as tioning System(GPS)antennas which are less than
being public sveets for determining setback provi- 12 inches in height or widtti and do not directly
sions, only. Driveways which are not part of an provide personal wireless communication.
easement, tract or street.shall not be considered a 2. Directional or panel: An antenna or array
sveet.(Ord. 4229 § 2, 1987.) ofantennas designed to transmit a iadio signal in a
particulaz direcuon typically encompassing an arc.
18.04.880 Street,public. of 120 degrees: Panel antennas, also called direc-
"Public stree�" means and includes all sveets, tional antennas, are typically ilat, rectangulaz
highways,freeways, avenues, lanes, alleys,courts, devices approximately six sguare feet in size,
places or other public ways in the city, whether 3. Dish or parabolic; A bowl-shaped de4ice
improved or unimproved,held in public ownership for the reception and/or transmission of radio fre-
and intended �o be open as a rnatter of right to pub- quency communications signals in a specific d'vec-
lic vehicular travel. (Ord. 4304 § 1(6), ]988; Ord. tional pattern.
4229 § 2. 1987.) 4. Whip. rod or omni-directional antenna:
An antenna, tubular in shape, that transmits and
receives signals throughout a 360-degree range,
5. Other: All other ttansmitting m receiving
equipment not specifically described herein shall
18-1$ (Re�seo tiroa)
18.04.912
be regulated in conforrriity wi[ti the rype of antenna ciry engineec 7'he equipmenf cabinets mav either
defined herein which most closely resembles such be located wittiin the street right-of,way in areas
equipment. typically set aside for utiliues such as power and
B. "Antenna array" means one or more rods, cable TV or on private property.
panels, discs or similar devices anached to a sup- 5. Anyone wishing to establish a microcell
port strucwre used for the transmission or recep- shall.make application to the city engineer upon
tion o(radio frequency signals. application forms provided by the city engineer.
C. "Attached wireless communications facility The ciry engineer shall review each application and
(\uCF)" means an antenna arra�� �+hich is aiiached ma}�6e empo�+�ered io appro4e,deny or modify the
to an exisiing building or strucmre. proposal.
D. "Carrier"means a company providing wire- H. "Separation" means minimum distance
less communication services, also referred to as a required between primary support swctures.
provider. I. "Support stnicture" means the strbcture.to
E. "Co-]ocation" means tlie use of a common which antenna and other necessary associated
WCF or site by two or more wireless license hold- hazdware are ahached. Support.swctures include •
' ers,or by one wireless license holder for more than but are not limited to the following:
one type of communications technology. 1. Lattice tower: A swcrure of varying
F. "Equipment facility'' means a structure used height that consists of a network of crossed metal
to contain ancillary equipment for a WCF which braces forrtiing a tower which is usually viangular
may include cabinets. shelters, an addition to an or scjuare in cross section. 7'o be considered a pri-
existing swcture, pedestals and other similaz mary support swcture.
swctures. 2. Monopole: A swcture of varying height
G. ''Microcells" are typically located in and consisting of a single spire sunk into the ground
exclusively benefit residential neigh6orhoods. and/or attached to a foundation.To be considered a
1. Microcells consist of an antenna that is primary support striiciure.
either: (a) a dish or parabolic antenna that is no 3. Ot6er strucmres: This may include exist-
more than four feet in height and with an area of ing buildings, water towers, athletic field light
not more than 580 square inches; or (b) a mbular poles, or other similar swctures. To be considered
— — — — ------- = —
antenna that is no more tfian four inches in diamr --a secondary support strucwre:
ter and no more than six feet in heigh[;or(c)one or ]. `'Wireless commupications facility (WCF)"
more panel antenna thai is no more than six feet in means any nonstaffed faciliry for the vansmission
height, and its width or depth is no inore than six and/or receptioa of wireless telecommunications
inches and the aggregate area of such panel services, typically consisting of an antenna array,
antenna(s)would oot exceed 580 squaze inches that an equipment facility and/ora support structure.
would be visible from any one viewpoint; or (d) For the purposes of determining in which ioniug
similar antennas that are of comparable size and disvicts wireless communications faciliues are to
3hape. Panel antennas shall be incorporated into be permitted,they will be classified pursuant to the
the design of the existing suucture using painting', following iypes. Refer to the table in ACC
}lush mounting or olher concealment methods. 18.48.100(K) to determine which zones allow for
2. The equipment cabiuets and other ground the following types of facilities:
support equipment shall be located in an area that TYPE I. Type 1 are new antennas erected on
is no larger than 16 square feet. T'he height of the existing buildings or nonresidential swctures,
equipment shall be no more than four feet. The
equipment shall be designed to be compauble with
the residential neighborhood and shall provide
landscaping or fencing oi a combinauon of ihese or
-similar features.
3. There s6a1] be a 300-foot separadon
between any microcells. �
4. The antennas must be located on Gght
poles, power poles or similar public utility poles
that are either owned/operated by the city ot
Auburn or owned/operated by an utiliry provider
operating with an appropriate franchise.Other sim-
ilaz utiliry poles may be used if approved by the
�ae�sed i iroa� 18-16
Aubu�n Ciry Code 18.04.960
7'here are four separate'fype 1 categories described local agency. This definition excludes at-home
as follows: electronic surveillance. (Ord. 4590 § 4 (Exh. Cj,
1-A. The 'combined height of the antenna 1992.)
together with the height of the existing building
cannot be 25 percent greater than the existing 18.04.920 Yard.
building or exceed the height ]imita}ion of the zon- "Yazd"means an open space, other than a court �
ing district in which'the building is located. op a lot, unoccupied and obstructed from the
1-B. 'fhe combined height of the antenna ground up:±�ard unless specifically othenvise per-
together with the height of the existing building mitted in this tiile. \�Uhen applicable, yards shall be
cannot be 50 perceqt greater than the existing measured from the streei righi-of-way whether
building or exceed the height]imitaiion of the zon- improved or no�. (Ord. 4229 § 2, 1987.)
ing district in which the building is located.
1-C. The combined height of the antenna 18.04.930 Yard,front.
together with the height of the existing building is "Front yazd"means an open space extending the
50 percent geatei than lhe existing building or ful] width of the lot, between a building and the
exceeds the heiglit limitation of the.zoning district front lot line, unoccupied and unobstructed from .
in w6ich the building is ]ocated.The height limita- the.ground upward except as specified elsewhere in '
tion of the zoning districf can only be exceeded by t}iis title. (Ord. 4229 § 2; 1987 J
25 percent.
1-D. Antenna located on existing water tow- 18.04.940 Yard,rear.
ers,atliletic field light poles,or sunilar public util- "Rear yard" means an open space on the same
ity infrastructure not located within public street line with the building befween the reaz line of the
right-of-way. The height limitation of the V✓CF building and the rear line ofthe lot including the full
will be 10 percent of the existing strucfure height, width of the lot to its side lines. (Ord. 4229 § 2,
but may be increased to a mazimum of 20 percent 1987.)
with an administrative use permit and may be
increased to a mzxirrium of 30 percent with a con- 18.04.950 Yard,side.
ditional-use-permit.The-heiglit_limitation of_the _ "Sideyacd"means_an_open�ace on the same lot.___,
zoning district may be exceeded relative to the with the building between the side'wall line of the
above provisions allowed for a 1-D faciliry. building and the side line of the lot and eztending
TYPE 2. 'fype 2 are new antennas erected on from front yard to reaz yard..No portion of a struc-
existing(primary)support structures that have pre- ture shall project into any side yard unless permit-'
vious ciry approvals. There are two separate Type ted elsewhere in this title. (Ord. 4229 § 2, 1987:)
2 categories described as follows:
2-A. Must meet height requuements of pre- 18.04.960 Zone.
yious approval and,is limiied to 50 percent total "Zone" means an area accurately defined as to
(cnmulative)expansion of equipment area. boundaries and location on an official map and
2-B. Has greater height requiremenu than within such azea only certain rypes of land uses are
previous approval and allows for more than a 50 permitfed, and other 4ypes of land uses are ex-
percent expansion of the e:quipment azea, cluded, as set forth in this title. (Ord. 4229 § 2,
7'YPE 3. 7ype 3 is the erection of new (pri- 1987.)
mary) support swctures. There are twb separate
Type 3 categories described as follows:
3-A. Monopoles that are 75 feet or less in
height.
3-B. Monopoles that are more lhan 75 feet
in height or lariice towers of any height.(Ord.5777
§ 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1,
1997.)
18.04.914 Work release facility. ,
"Work release faciliry" means a residential
altematiJe to imprisonment, including work/train-
ing release and prereleasp programs which are
under the supervision of a court, federal, state or
1$-17 (Revised 3I04)
18.06.010
Chapter 18.06 cated on the zoning map. (Ord. 5354 § 2, 2000;
Ord. 4229 § 2, 1987.)
DISTRICTS AND MAPS
18.06.020 Zoning map.
Sections: "Zoning map,'as used in this title,is that cenain
18.06.010 Disvicts designated. map,t}iree copies of which are on file in the office
18.06.020 Zoning map. ofthe ciry clerk, labeled "Comprehensive Zoning '
18.06.030 District boundary interpretation. Map of the Ciry of Auburn, Washington," dated
June I. ]987, and adop�ed by Ordinance No`4230
18.06.010 Districts designated, and signed by Ihe mayor and ci_ry clerk,along with
A. 7'he ciry is divided into the follou�ing dasses all amendments thereto.Two types of amendments
ofdistricts: to the zoning map may occur. The map may be
l. R-R, rural residential district (four acres either amended on an areawide basis initiated by
per lot); lhe planaing commission or a specific pazcel
2. R-S, one-family residential district amended by the rezone process as oudined in
(35,000 square feet per lot); Chapter 18.68 ACC. Current copies of the zoning
3. R=1,one-family residential district(8,000' map are available for examination and/or purchase ,
squaze feet per lot); in the office of the ciry planning director.The zon-
4. R-2,one-family residential district(6,000 ing map is adopted and made a part of the compre-
square feet per lot); hensive zoning ordinance, with the most curtent
5. R-3, one- and twp-family residential dis- amended copy as being the official zoning map.
trict; � (Ord.4229 § 2, 1987.)
6. R-4, multiple-family residential district;
7. R-MHP, manufactured home park dis- 18.06.030 District boundary interpretation.
trict; Where uncertainty exists as to the boundaries of
8. R-O,residential office district and RO-H, districts as shown on the official zoning inap, the
residential office-hospital district; following rules shall apply:
9. C-N,neighborhood_shopping district; A. Boundaries indicated as approximately fol-
— — - --- -- ---- - _. ,
10. C-1, light commercial district lowing the center lines of streets, highways, or
11. C-2,central business district; alleys shall be construed to follow such lines;
12. C-3,heavy commercial district; B. Boundaries indicated as approximately fol-
13. M-1,liglit industrial district; lowing platted lot lines shall be construed as fol-
14. M-2, heavy industrial district; lowing such lot lines;
l5. BP,business park district; C. Boundaries indicated as approximately fol-
16. LF, airpoA landing field district; lowing city lunits shall be construed as following
17. P-1,public use district; city limits;
18. UNC,unclassified use district; D. Boundaries indica}ed as following railroad
19. I,institutional use district; lines shall be constriied as ro be midway between
20. LH, Lea Hill district: the main tracks;
a. LHRS,one-family residential district; E. Boundaries indicated as pazallel to or exten-
b. LHR1, one-family residential district; sions offeatures indicated in subsections A through
c. LHR2, one-family residential district; D of this section shall be so conswed. Distances
d. LHR3; one- and two-family residen- not specifically indicated on the official zoning
tial district; map shall be determined by[he scale of the map;
e. LHR4,rtiultiple-family residential dis- F. Where physical or cultural features eicisting
trict; on the ground are at a variance with those shown on
f. LHRMHP, manufachued home park the o�cial zoning map, or in other circumstances
district; not covered by subsections A through E of this sec-
g. LHC1, light commercial district; tion, th_e planning director shall interpret the dis-
h. LHPI, public use district; trict boundaries;
i. LHI, instimtional district. G. When the city vacates a street or alley, the
B. The disvicts set out in subsection A of this zone disVicts along either side shall be extended to
section are established as the designations, loca- the centerlines of the vacated sveet oT alley. (Ord.
tions, and boundaries thereof as set forth and indi- 4229§ 2, 1987.)
(Revised 3/04) ]$-]$
Auburn City Code 18.08.040
Chapter 18.08 ilar size a_nimals per each acre of enclosed usable
pasture or roatriing area,
R-R RURAL RESIDENTIAL DISTRIC7' S. Pasturing and grazing,
6: Public and priJate stables,
Sections: 7. Roadside sfands, for the sale of agricul-
18.08.010 Intent. tural products raised oo the premises. The stand
18.08.020 Permitted uses. cannot exceed 300 square feet in area and must
18.08.030 Uses requiring permit. meet the applicable setback requirements:
]8.08.040 De��elopmem s�andards. C. Home based daycaze;
D. Watersheds. (Ord. 4304 § 1(7); 1988; Ord.
18.08.010 In�ent 4229 § 2, 1987.)
The R-R rural residential zone is intended pri-
marily to provide for single-family residential uses 18.08.030 Uses requiring permit
with characteristics of a rural or agricultural envi- T6e following uses may be permitted in an R-R
ronment; piovided, that the agricultural uses are district when a conditional use permit has been
secondary to the singledamily uses. This zone is issued pursuant to the provisions of Chapter 18,64
intended to represent a long term commitrnent to ACC:
rural uses and it is further intended for the R-R A. Fish hatcheries;
ione to protect areas with significant environmen- B. Commercial horse riding and bridle trails;
tal constraints or values from urban levels of devel- C. Living quarters for employees,w}vch are not
opment. accessory structures;
' Public improvements(i.e.,sewer,water,streets, D. Transmitting towecs;
etc.)required within the R-R zone will be less than E. Utility suhstations;
is norrnally required for the other residential zones F. Neighborhood recreational 6uildings and
wittiin the ciry. facilities owned and managed by the neighborhood
This zone shall only be applied in areas desig- homeowners' association. (Ord.4229 § 2, 1987.)
nated as rural on the comprehensive plan, (Ord.
4229.§ 2,.1987,)_ _.._,__. . _ .___.___..__ 18.08.040 Development standards.
� Developrrient sCandards in an R-R districf are as
18.08.020 Permitted uses. follows:
Hereafter all buildings, structures, or pazcels of A. Minimum lot area: four acres;
land in an R-R district sHall only be used for the B. Minimum lot width: 125 feet;
following, unless othenvise provided for in ttiis C. Minimum lot depth; 150 feet;
title: D. Mazimum bt coderage:35 percent;
A. One detached single-family dwelling, not to E. Minimum yard setbacks:
exceed one dwelling on any lot; together with 1. Front: 35 feef,
accessory dses to include residential.garage, guest 2. Side, interior. 10 feet,
conage, recreation room, tool shed,or swimming 3. Side, street: 35 feet,
pool; 4. Rear: 35 feet;
1. Keeping of not more than six household 5. Accessory sUuctures shall meet all the
pets:This limit shall not include birds,f sh or suck- required setbacks of the zone with the ezception
ling young ofpeu; • that the rear yazd setback may be reduced to IS
B. The following agricultural type uses are per- feet; provided, that any stcucture with a vehicular
mitted provided they are incidental and secondary entrance from a street (public or private) shall be
. to the single-family use: set back a minimum of 20 feet;
1. Agricultural crops and open field grow- 6. Any bam, stable, coop or similar struc-
�ng, ture for the enclosuie of aniinals shall be con-
2. Bams, silos and related swctures, swcted no closer than 75 feet from any property
3. Greenhouses, line,
4. Livestock, fowl and rabbits may be Kept 7. Any corral, exercise yard, or arena shall
by the resident on the premises; provided there maintain a distance of 35 feet from any property
shall not be more than one horse, cow, donkey or line. 'Ihis excludes pastwe area;
other large animal, or four sma_II animals such as F. Maximum building heig6t: 35 feet, except
sheep,goats or swine,or 12 pouluy,rabbits or sim- that bams and other specialized structu7es used for
agriculhiral purposes may exceed the height limits;
1 B-19 (Revised 3/Oe)
18.10.010 .
G. Fences and hedges: see Chapter 18.48 ACC; Chapter 18.10
H. Pazking: see Ghapter 18.52 ACC;
I. Signs: see Chaptar 18.56 ACC. (Ord. 5777 R-S SINGLE-FAMILY
§ l, 2003; Ord. 4229 § 2, 1987.) RESIDENTIAL DISTRIC'I',
Sections:
18J 0.010 lntent. '
ISJ0.020 ,Permitted uses.
18.10.030 Uses requiring permit.
I8J0.040 DeJelopment standards.
18.10.010 lntent.
The intent of the R-5 residential district is to.
provide azeas for estate-rype residential develop-
ment on large lots. This zone would normally be
located in the areas particularly suited for such
development.
Appropriate development standards required of
other urban azeas shall be required to serve this
zone. (Ord. 4229 § 2, 1987.)
, 18.10.020 Permined uses.
Hereafter all buildings, strucmres, or parcels of
land�n an R-S district shall only be used for the fol-
lowing, unless otherwise provided for in this title:
, A, One detached single-family dwelling, not to
exceed one dwelling on auy lot;
B. Accessory uses to indude residential garage;
guest cottage;recreation room,-tool shed;noncom- -'—
mercial greenhouse, swimming pool, private sta-
ble,bam,pen,coop or similar swcture;
C. Keeping of not more than fotir household
� pets, w}iich can be kept in Ihe home. This limit
shall not include buds, fish or suckling young of
pets which at all times are kept inside a fully
enclosed building;
D. Keeping of livestock (excluding goa[s and
swine), fowl and rabbits; provided, that iliere shall
not be more than one horse, cow, donlc;ey or other
large anunal, or four small animals such ac sheep,
or 12 poultry, rabbiu, or similar size animals per
each acre of enclosed usable pasture or roaming
area. This acreage requirement is in addition to the
minimum lot size requiremenu of this zone.
A shelter shall also be provided for the livestock
and the shelter shall be co"nstructed no closer than
75 feet from any side lot line of adjoining lots and
it shall be 100 feet from any public street or alley;
E. Municipal parks and playgrounds;
F. Home based daycare. (Ord. 4229 § 2, 1987.)
18.10.030 Uses requiring permit.
7'he following uses may be permined in an R-S
district when a conditional use permit has been
(Revised 3loa) 18-20
AuDurn City Code 18.12.030
issued pursuant to the provisions of Chapter 18.64 Chapter 18.12
ACC:
A. Daycare; limited to a mini daycare center. ' R-1 SINGLE-FAMII,Y
Daycare center, preschool or nursery schools may RESIDENTIAL DISTRICI'
also be permitted but must be located on an arterial;
B. Govemmental facilities; Sections:
C. Private country clubs and golf courses, 18.12.010 Iment.
ezcept dm�ing ranges; 18.12.020 Permitted uses.
D. ReliEfous instiwifons; 18.12.030 Uses requiring permit.
E. Utiliry substations; 18.12.040 Development standards.
F. Commercial horse riding and bridle trails;
G_ Neighborhood recreational buildings and 18.12.010 Intent.
facilities owned and managed by the neighborhood The R-1 single-family residential zones ,are
homeowners' association, (Ord.4229 § 2, 1987.) intended to create a living environmen4 of optimum
standards for single-family dwellings. It is further
18:10.040 Development standards. intended to limit development to relatively low
Development standards in an R-S district aze as degrees of densiry,This district,will provide for the
follows: development ofsingle-family detached dwellings,
A. Minimum lot area: 35,000 square feet; not more than one such dwelling on each lot, and
B. Minimum lot width: 125 teet; for such accessory uses as are relaud, incidental
C. Minimum ]ot depth: 150 feet; and not deu-imental to the residenUal environment.
D. Maximum ]ot coverage: 35 percent; (Ord. 4229 § 2, 1987.)
E. Minimum yazd setbacks:
1. Front: 35 feet, 18.12.020 Permitted bses.
2. Side, interior: 10 feet, Hereafrer all buildings, swctures, or parcels of
3. Side, street: 20 feet, land in an R-1 district shall only be used for the fol- '
4. Rear: 35 feet, lowing, unless otherwise provided for in this title:
—_ _ _ . _. __ 5._.Accessory_swctures shall meet all the __ A. One detached single-family dwelling, not to_
requireA setbacks ot the zone with the�exception exceed one d"wellmg on any lot;
that the rear yard se)back may be reduced to 15 H. Accessory uses to include residential gazage,
feet; provided, that any structure with a vehicular guest cottage,recreation room,tool shed,noncom-
entrance from a street (public or private) or public mercial greenhouse and swimming pool;
alley shall be set back a minimurri of 20 feet; C. Keepiqg of not more than four household
F. Maximum building height: 35 feet; pets, which can be kept 'in the home. This liriiit
G. Fences and hedges: see Chapter 18.48 ACC; shall not incluile birds, fish oi suckling young of
H. Parking: see Chapter 18:52 ACG; pets;
I. Landscaping: see Chapter 18.50 AGC; D. Municipal pazks,playgrounds;
J. Signs: see Chapter 18.56 ACG (Ord. 5777 E. Home based daycare.(Ord.4229 § 2, 1987.)
§ I,2003; Ord.4229§ 2, 1987.)
18;12.030 Uses requiring permit..
The following uses may be permitted in ab R-1
distriet when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64
ACC:
A. Daycaze limited to a mini daycaze crnter.
Daycare center, preschool or nursery schools may
also be pemSitteB but musi be located on an arterial;
B. Govemment facilities;
C. Private country clubs and golf courses,
excluding driving ranges;
D. Religious institbtions;
E. Utility substations; .
F. Neighborhood recreational buildings and
facilities owned and managed by the neighborhood
homeowoers' association. (Ord:4229 § 2, 1987.)
- 1$-2] (Revised 3/04)
18.12.040
18.12.040 Development standards. Chapter 18.14
Developmen} stap8ards in an R-1 disvict are as
follows: R-2 S1NGLE-FAMILY
A. Minimum ]ot azea: 8,000 sq"uare teet; RESIDENTIAL D1STR1C7.
B. Minimum lot width: 75 feet;
1. Reduced ]ot width provisions: A maxi- Sections:
mum of 20 percent of the lots wiihin a plat of 50 18.14.010 lntent. '
lots or inore may reduce t)ie lot widih to 60 feet. 18.14.020 Permined uses.
This reduction shall only be appro��ed simul- 18.14.030 Uses requinng Permit.
taneously with a preliminary plat. This provision 18.14.040 Development standards.
may only be used when it is necessary to accom-
modate a proper lot or street ]ayout due to physical 18.14.010 Intent.
constraints of the subdivision. The R-2 single-family residential zones are
The narrower lots shall 6e dispersed intended to create a living environment of optimuro
throughout the subdivision and shall not be clus- standards for single-family dwellings. It is further
tered in one area; intended to limit development to relauvely low
Q Minimum lot depth: ]00 feet; degrees of densiry.This district will provide for the
D. Maximum lot coverage: 35 percent; development of single-family detached dwellings,
E. Minimam yard setbacks: not more than one such dwelling on each lot, and
1. Fronf:25 feet, for such accessory uses as are �elated, incidental
2. Side,interior: for lots 75 feet or wider one and not detrimental to the residential environment.
side shall be five feet and the otheri 10 feet,for lots Multiple family dwellings may be permitted as
less than 75 febt wide,each side may be five feet, co�ditional uses only to the extent such uses con-
3. Side, street: ]0 feet; form to guidelines of the comprehensive plan.
4. Rear: 25 feet, (Ord. 4229 §2, 1987.)
5. Accessory swctures shall meet all the
required setbacks of the zone with the exception 18.14.020 Permitted uses.
that the rear yard setback may be reduced to 10 Hereafter all buildings, swchues, or parcels of
feer provided,—ihat any structure with a vehicular--land in an R=28istrict sfiall only be used for tfie fol- —
enVance from a stre:et (public or private)or public lowing,unless otherwise provided for in this title:
alley shall be set back a minim"um of 20 feet; A. One detached single-farriily dwelling,not to
F. Maximum building height: exceed one dwelling on any lot;
1. Main buildings: 30 feet, B. Accessory uses to include residential garage,
2. Accessory buildings: 16 feet; guest cottage,recreation room,tool shed,nonwm-
G. Fences and hedges: see Chapter 18.48 ACC; mercial greenhouse, and swimming pools;
H. Parking: see Chapter 18.52 ACC; C. Keeping of not more than four household
I. Landscaping: see Chapter 18.50 ACC; pets,this limit shall not include buds,fish or suck-
J. Signs: see Chaptei 18.56 ACC. (Ord. 5777 ling young of pets;
§ 1,2003; Ord. 4229 § 2, 1987.) D. Municipa] pazks and playgrounds;
E. Renting of rooms,for lodging purposes only,
to accommodate not more than two persons in
addition to the immediate family;
F. Home based daycare. (Ord.4229 § 2, 1987J
18.14.030 Uses reqoiring permit.
7'he following uses may be permitted in an R-2
disvict when a conditional use pertnit has been
issued pursuant to the provisions of Chapter 18.64
ACC:
A. Boardinghouses (with three or more board-
ers);
B. Daycare limited to a mini daycare cent6r.
DaycBre center; preschool or nursery schools may
also be permitted but must be]ocated on an arterial;
(Redised 3I04) � 18-22
Auburn City Code 18.16.030
C. Dupleices, provided 6,000 square feet of lot Chapter 18.16
area.is provided for each dwelling unit;
D. Foster caze homes; R-3 TV1'O-FAMILY(DUPLEX)
E. Govemment facilities; RESIDENTIAL DISTRICT
F. Multiple (amily dwellings; provided, that
6,000 square feet of lot area is provided for each Sections:
dwelling unit;and is limited to no more than four 18.16.0)0 Intent.
dwelling units per siructure. For developmen}s of ]8.16.020 Permitted uses.
]0 dwelling uniis or more. no more ihan 40 percent 1 S.]6.030 Uses requiring permit.
of the developmem may be devoted to mul�iple 18.16.040 Development standards.
family dwellings. The number of multiple dwell-
ings may be further reduced, or not allowed at all, 18.16.010 Intent
if it is determined there is already a concentration The R-3 duplex residential zones are intended to
of multiple family dwellings in the area; permit a limited increase in populavon density in
G. Museums; those azeas to which this clazsification applies by
H. Professional offices; permifting two dwelling units on a minirrium size
I. Nwsing homes; lot while at the same time, by means of the stan-
]. Religious instit�itions; dards and requirements set forth in this chapter,
K. Utility substations; maintaining a desirable family living environment
L. Neighborhood recreational buildings and By establishing minimum lot areas,yards and open
facilities owned and managed by the neighborhood spaces.A related consideration is to pro4ide a tren-
homeowners' association. (Ord. 4229 § 2, 1987.) sition between single-family azeas and other inten-
sive designations or activities which reduce the
18.14.040 Development standards. suitatiiliry for single-family uses. (Ord. 4229 § 2,
Development standards in an R-2 district are as 1987.)
follows:
A. Minimum ]ot area: 6,000 squaze feet; 18.16.020 Permitted usea.
______. .B...Minimum lot_,area per dwelling unit_ 6,000 Hereafler all buildings, structures, or parcels of
square feet; � land in an R-3 district shall only be used for tfie fol-
C: Minimum lot width: 60 feet; lowing, unless otherwise provided for in this tiAe:
D. Minimum lot depth: 80 feet; A. One duplex (two-family dwelling) not to
E. Maximum ]ot coverage: 35 percent; exceed one duplex per lot;
F. Miniinum yard setbacks: B. One detached single-family dwelling, not to
1. Front: 20 feet, exceed one single-family dwelling per lot.If only a
2. Side, interior: five feet, single-family dwelling exists on a lot on the effec-
3. Side, street: 10 feet, tiJe date of the ordinance codified in this tide, an
4. Rear: 25 feet; additional dwelling dnit mey be attached to and
5. Accessory swctures shal] meet all the made a part of the existing building, prbvided all
requued setbacics of the zone with the exception requiremenu ofihis title are met;
that the rear yard setback may be reduced to five C. Accessory uses to include residential garage,
feet; provided, that any shucnue with a vehiculaz guest cottage,recreation room,tool shed,noncom-
enVance from a sveet(public or private) or public mercial greenhouse,and swimming pool;
alley shall be set back a minimum of 20 feet; D. Keeping of not more then four household
G. Maximum building height: pets. 'fhis limit shall not include b'vds, fish, or
l. Main building: 30 feet, suckling young of pets;
2. Accessory buildings: 16 feet; E. Municipal pazks and playgrounds;
H. Fences and hedges: see Chapter 18.48 ACC; F. Renting of rooms for lodging purposes only,
I. Parking: see Chapter 18.52 ACC; to accommodate not more than two persons in
J. Landscaping: see Chapter 18.50 ACC; addiuon to the immediate family;
K. Signs: see Chapter 18_56 ACC. (Ord. 5777 G. Home based daycaze.(Ord.4229§ 2, 198�.)
§ 1, 2003; Ord.4229 § 2, 1987.)
18.16.030 Uses requiring permit
'I'he following uses may be permitted'in an R-3
district when a conditional use permit has been
18-23 lReWseasroal
18.16.040
issued pursuant to the provisions of Chapter 18.64 Chapter 18.18
ACC:
A. Boardinghouses; , R-4 MUL7'IPLE-FAMILY
B. Daycare, limited to mini daycare center, RESIDENTIAL DISTRICT,
daycare center and preschooUnursery sctiools;
C. Duplexes,more than one per lot; Sections:
D. Foster care homes; 18.18.010 ]ntent. '
E. Govemment facilities; 18.18.020 Permitted uses.
F. Group residence faci]ities; 18.18.030 Uses requiring permi).
G. Multiple farriily dwellings; pro�-fded, thai 18.18.040 De.�elopmeni standards.
3,600 squaze feet of]ot area is provided for each 18.18.050 Supplementa] development standards.
dwelling unit,and is limited to four dwelling units
perstructure; 18.18.010 lntent.
H, Museums; The R-4 disvict is intended to provide for multi-
I. Niusing horoes; ple-family residential develop'ment and is further
]. Professional offices; intended as a residential district of single, duplex
K. Religious instituuons; and multiple-family residences, except as speci£-
L. Utiliry substations. (Ord. 4229 § 2, 1987.) cally provided elsewhere in this chapter. A related
� consideration is to make it possible to more effi-
18.16,040 Development standards. cienQy and economically design and install all
Development standards in an R-3 disvict are as pfiysical public serJice faciliees in terins of size
follows: and capacity to adequately and permanently meet
A. Minimum lot area for single-family dwell- needs resulting from a de£ned intensiry of land
ings: 5,000 square feet; use. (Ord.4229 § 2, 1987.)
B. Minimum lot area forhvo-family dwellings
(duplezes)i 7,200 square feet. Existing platted lots 18.18.020 Permitted uses.
of 7,000 to 7,200 square Ceet, in area may be Hereafter all 6uildings, shvctures, or pazcels of
allowed to construct a duplex; land in an R-4 district shall only be used for the fol-
-C� Minimum lot area per-dwelling unic-3;600 --lowing;unlessotherwise provided for in thistitle: '
square feer A. One detached single-family dwelling not to
D. Minimum lot width: 60 feet; exceed one single-family dwelling per lot;
E. Minimum lot deptfi: 80 feet; B. Duplexes, 3,600 square feet of lot azea per
F. Maximum lot coverage: 40 percent; dwelling unit.is required;
G. Minimum yazd setbacks: C. Multiple-family dwellings;
6. Front: 20 feet, D. Accessory uses to include residential.garage,
2. Side;interior. five feet, guest cottage,recreation room,tool shed,noncom-
3. Side, sveet: 10 feet, mercial greenhouse, and swimming pool;
4. Rear: 25 feet, E. Keeping of not more than four- household
5. Accessory swctures shall meet all the pets. TFus limit shall not include birds, fish, or t6e
requued setbacks of the zone with the exception suckling young of pets;
that the rear yard setback may be reduced to five F. Municipal parks and playgounds;
feet; provided, that any structure with a vehiculaz G. Home based daycare. (Ord.4229 §2, 1987.)
entrance from a street (public or private)or public
alley shall be set back a minimum ot20 feet; 18.18.030 Uses re:quiring permit
H. Maximum.building height: The following uses may b_e permined in an R-4
I. Main buildings:30 feet, district when a conditional use pernvt has been
2. Accessory buildings: 16 feet; issued pursuant to the provisions of Chapter 18.64
1. Fences and hedges: see Chapter 18.48 ACC; ACC:
J. Parking: see Chapter 18,52 AGC; A. Civic, social and fraternal clubs;
K. Landscapingi see Chaptei 18.50 ACC; B. Daycare limited to mini daycare, daycare
L. Signs: see Chapter 18.56 ACC. (Ord. 5777 center,preschools or nunery schools;
§ 1, 2003;Ord.4229 § 2; 1987.) C. Foster care homes;
D. Govemment facilities;
E. Group residence facilities;
F. Hospitals(except animals);
(Revisetl 3/04) 15-24
Auburn Ciry Code 18:20.030
G. Nursing homes; Chapter 18.20
H. Professional offices;
I. Religious institutions; R-MHP RESIDENTIAL MANUFACTURED
J. Utility substations: (Ord. 4229 § 2, 1987.) HOME PARK DISTRICT
18.18.040 Development standards: Sections:
Development standards in an R-4 district are as 18.20.010 ]ntent.
follows: ]8.20.020 Permined uses.
A. Minimum lot area: 7,200 square feet; 15.20.030 Uses requiring permit.,
B. Minimum lot area per dwelling unit: 2,400 18.20.040 Development standards.
square feet; 18:20.050 Supplemental development standards.
C. Minimum lot width: 50 feet; 18:20.060 Rezone application submittal
D. Minimum lot depth: 80 feet; requirements.
E. Maicimum lot coverage: 55 percent;
F. Minimum yaid setbacks: 18.20.010 Intent.
1. Front: 20 feet, The intent of the R-MHP manufactured home
2. Side, interior: five feet, park district is to provide a residential zone of one-
3. Side, street: 10 feet, family manufactured homes exclusively within a
4. Rear: 25 feet; planned park.It is further intended that the R-MHP
5. Accessory structures shall meet all the zone shal]only be prescribed in 1Hose areas that are
required setbacks ot the zope wi}h the exception bordered on, contain physical features, or shall be
that the rear yard setback may be reduced to five planned and designed as part of a larger develop-
feet;provided, that any structure with a 4ehicular ment incorporating other housing types in a man-
entrance fiom a street(public or private) or public ner which limits further expansion into adjacent
alley shall be se) back a minimum of 20 feet; areas. (Ord.4229 § 2, 1987.)
G. Maximum liuilding Fieight:35 feet;
H: Fences and hedges: see Chapter 18.48 ACC; 18.20.020 Permitted uses.
1. Parking:-see Chapter-18.52-ACC;-i— --- --�-lereafler_all_buildings,.struclures,or.parcels of____
]. Landscaping: see Chapter 18.50 ACC; land in an R-MHP district shall only be used for the
K. Signs: see Chapter 18.56 ACC. (Ord. 5777 followirig unless otherwise provided for in this
§ 1, 2003; Ord.4229 § 2, 1987.) title:
A. Manufactured home pazks which are con-
]5.18.050 Supplemental de4elopment swcted for the placement of individual residential
standards. manufactured homes within the approved pazk
Supplemental development standards in an R-4 bodndaries and subject to the standards as set forth
distriet are as follows: in this chapter;
A. Multiple-family dwellings that are adjacent B. Accessory uses to include residential garage,
to any property line of an R-R, R-S, R-I or R-2 por�able storage cabinets, porches and noncoin-
zone shall either set back 50 feet Gom the adjoining mercial greenhouses;
property line or limit the number of units per swo- C. Recreation facilities,clubhouse,park office,
ture to three or four, in such case the minirtium set- and utility rooms to serve the residents of the park
back may be 30 feet. only;
B. Parking areas shall be set back a minimum of D. Home based daycare;
30 feet from any adjoining R-R R-S, R'-1, or R-2 E. Keeping of not more than fodi household
property line. (Ord. 4229 § 2, 1987 J pets.This limit shall not indude birds,fish or suck-
ling young of pets: (Ord. 4304 § 1(8), 1988; Ord.
4229 § 2, 1987.)
18.20.030 Uses requiring permit
The following uses may be permined in an R,
M}iP district when a conditional use permit has
baen issued pursuant to the p"rovisions of Chapter
18.64 ACC:
15-24.1 (Revised 3I04)
18.20.040
A. Daycare, ]imited to mini daycare center, 18.20.050 Supplemental development
daycare cente�, preschool/nursery scNool. (Ord. standards.
4229 § 2, 1987.) Supplemental development standards in an R-
MHP district aze as follows:
18.20.040 Development standards. A. Recreational vehicle storage area: a fenced
Development standards in an R-MHP dish-ict and screened storage area shall be provided the size
are as follows: of which shall be 300 square feet of area for each
A. Minimum site area to be developed as a ]0 homes. 'fhe stora�e area shall not abut property
park: five acres: mher than which is zoned R-MHP.
B. Maximum densiry per unit: 5?00 square B. Recreation area: a central recreation area
feer, shall be established in each park created pu�uant
C. Miniriiuro yard seibacks: to the provisions of this cHapter. 'I'he size of the
1. Front: azea sfiall be at least 200 square feet per home site.
a. Park sveet: eight feet, The recreation azea may contain coaununity club-
b. Public or other private street: 20 feet, houses, swimming pools, shu$leboazd courts and
2, Side: similazfacilities.Thed'uectorofpl_anningmayper-
a. 'fen feet between any manufactuied mit decentralization of the recreation facilities in
home and/or accessory b"ui]ding and the manufac- accordance with principles of good planning; pro-
tured home and/or accessory building on the vided,that the total recreation area meets the above
adjoining space, stated minimum size.
b. Park street: five feet, C. Space identification: each manufactured
c. Public or other private sueet: ]0 feet, home site shall be plainly marked and nurim6ere8
3. Rear: for identification.
a. Public or other private street: 20 feet, D. Pazk office: every park shall provide.a per-
b. Park street: eight feet, manent building to be used as an office for pazk
c. 7'en feet between any manufacwred management.
home and/or accessory buildings and the manufac- E. Streeu:park streets shal]be proVided in such
tured home and/or accessory building on the a pattern as to provide convenient traffic circula-
adjoining space, i tion, including fire and other equipment respond-
4. Supplemental yazd setbacks: ing to emergencies, within the pazk. They shall be
a. For manufactured homes that abut built to the following standazds:
another zoning district the setbacks shall be the 1. The width of all park private streets sFiall
same as provided for in [he adjoining zone,.In no be not less than 34 feet including ciirbs. Street
case shall the setbacks b;e less t6an as prescribed in widths of 24 feet may be perriiitted in pazks; pro-
this subsection, vided, that adequate off-street parking is provided
b. There shall be a minimum of ]0 feet at the ratio of one off-street parking space for each
between any two manufactured homes, between manufactured home site within the pack. The loca-
any manufactured home and accessory building on tion and placement of the off-street parking spaces
adjoining spaces,and between any other accessory will be subject to approval by the d'uector of plan-
buildings on adjoining spaces; ning. No on-sVeet parking will be peaaitted on
D. Maximum bui�lding height; street widths of less than 34 feet and signs desig-
1. Main building: 30 feet, nating"no parking"and"fire lane"must be placed
2. Accessory building: 16 feet; on both.sides of the street and so mazked on the
E. Fences and hedges: A six-foot high screened final plans.
fence shall be constructed around the perimeter of 2. All public sveeu within or abutting a
the park.For those park boundazies that abut a pub- park shall be improved to city specifications.
lic street the fence shall set back 20 feet and the 20- 3. Theie shall be rype "A;' "D" or rolled
foot setback area landscaped wilh Type Ill land- cement concrete curb and gutter constructed to ciry
scaping; standard specifications,installed on each side of all
F. Parking: see Chapter 18.52 ACC; private streets.
G. Landscaping: see Cliapter 18.50 ACC; 4. 7'he park.sveets shall be paved in accor-
H. Signs: see Chapter 18.56 ACC. (Ord. 5777 dance with the standards established by the director
§ l, 2003; Ord. 4304 § 1(9),(]0), 1988; Ord. 4229 ofpublic works.
§ 2, 1987.)
(Revised 3l04j 1$-24.2
Aubum Citv Code �$•=�•���► ,
5. Park streets shall beii�hted in accordance 18.20.060 Rezone application submittal
with the standards established bv the direcror of requirements.
public works. A. Am�person w�}io��ishes to rezone a parcel of
6. Minimum radii on park street curves shall property to R-MHP must identify on the applica-
not be less than 45 feet. tion how the p�oposed rezone meets the inten[ of
7. On all public streets abwtfng or within a the R-MHP zone. ,
park. sidewalks shall be installed in conformance B. A site plan. dray�n to scale. shall be sdbmit-
wi}h city specifications. ied with the rezone application and.shall illusirate
F. Access: each park shall have direct access to �he follo�+inc:
a maintained public streei. Each park shall have at ]. �fciniry map:
least one main access and one emergency access. 2. Acreaee of parcel:
The city may require more accesses depending 3. Number of homes;
upon the size of the park or other factors that would 4. Location of spaces/pads:
require ttie need for additional acresses. 5. Park street layour,
G. For tFiose_parks that had been approved pnor 6. Main access;
to]une 15. 1987,the adop�ion date of Zoning Ordi- 7. Emer@ency access:
nance No. 4229, the placement or replacement of 8. Adjacent,public streets:
any home shall eithdr be in conformance with this 9. Typical park street cross section:
chapter or tfie site plan which had been pre4iously 10. Easemen[s.existing and proposed:
approved by the ciry. For those parks wliich do not 11. Location and size of all utilities:
have an approved site,plan ttie replacement of a 12. Recreational vehide srorage area;
home shall either be consistenrwitti tfiis ch_ap(er or 13. Recreation area;
the location ot the previous home. In no case shall 14. OHice locacion:
any applicable fre or building code reguirements 15. Fence detail;
belessened. 16. Landscape plan;
H. Recreational vehicles being used as livipg 17. Typical space/pad showing slab. park- '
units within existing parks shall be allowed to ing area.setbacks.location of home and any acces-
remain within the park until the recreational vehi- sory buildings. .
-----cle-leaves-the-park-for-a-period-which exceeds_90 ___G.The_site_plan_shall be_proper�y dimensioned.__
days in any one calendar year. In such case the and drawn at a scale not less than one inch equals
vacared recreational vehicle space shall not be 40 fee[ and on a sheet size of 24 incFies by 36
reoccupied except by a ase permitted by tfie R- inches,more sheets may be allowed if necessary.A
MHP zone.7'he park owner stiall be responsible for reproduci_ble myl ar and seven copies of [he site '
maintaining accurate records to ensoie compliance plan shall be submitted a[time of application.
.
with this requirement. The records sFiall be made D. For those parcels_of land tha[ may alrbady
available to the building official upon reqqest. haJe been zoned R-MHP but do not haJe an
The park owner may be allowed io redistribute approved site plan, a site plan stiall be prepared'in
any existing recreation vehicles within tBe park to accordance with subsections B and C of this sec-
other existing vacant recreational vehicle spaces tion and approved by the planning director,prior to
wi[hin the park,in ordei to facili[ate the combining conswction pertnits being issued.The decision of
of vacant recreational Jehicle spaces to be used as the planning direc[or shall be final unless within 20
manufaciured liome sit6s. days, from the date of the decision, the applicant
7'he ciry's building official shall inven}ory the appeals the decision to the hearing examiner pursu-
existing recreational vehicles which will consist of ant[o the provisions of ACC 18.70.050.(Ord.4229
the model, liceose number or other identification §2. 1987.)
featbie of each recreational vehicle. This shall be
the official registration of tliose recreational vehi-
cles which aie allowed in the park. Any recre-
ational vehicles not identified on the registration
list will have to be removed immediately. (Ord.
4350 § 2. ]989; Ord. 4304 § 1(11), 1988; Ord.
4229 § 2. 1987.)
18-ZS (Nevised 7/03) ,
18.22.070
Chapter 18.22 8. Nonresidential multitenant buildings
which were constructed prior to lune 15: 1987.the
RO RESIDENTIAL OFFICE adoption dace of Zoning Ordinapce No. 4229, and
AND RO-H RESIDENTIAL were zoned 6-l.to occupy any tenant space within
OFFICE-HOSPITAL DISTRICT the building wi[h a use that is pertnined outright
within Chapter 1.8.26 ACC:
Sections: 9. One de)ached sin¢le-family dwelling not
18,22.010 Intent. to exceed one sinele-family dwelling per lot:
]£.22.0?0 Permined uses. 10. Acces'son• uses �o peirtiiiied residemial
18.22.030 Uses requfr�ng permit. uses io include residential garage. guesi cotta¢e.
18Z2.040 Development standards for RO recreation room. tool shed. noncommercial green-
designation. house and swimming pool;
18.22.050 Development standards for RO-H 11. Keeping of not more than four house-
designation. hold pets.This limit shall not include birds, fish or
18.22.060 Supplemental development standards suckling young of pets.
for both the RO and RO-H B. Permined uses in RO-H designation:
desi@naiions. . I. Daycare limited to home-based or a mini
daycare center;
18.22.010 lntent. 2. Funeral homes;
The RO and RO-H zone is intended primarily to 3. Hospitals(excluding animel);
accommodate business and professiona] o�ces, 4. Medical and dental clinics;
medical and dental clinics.bank's and similar finan- 5. Nursing homes:
cial institutions at locations where they are compat- 6. Persona] service shops;
ible with residential uses. Some retail and personal 7. Pharmacies:
services may be permitced if supplemental to the S. Pro(essional offices;
other uses allowed in the zone. This zone is 9. Religious insumtions;
intended for those areas that are in transition from !0: Noncommercial municipal aotomobile
residential to commercial uses along anerials or parking facil_ities.,(Ord..5733 § 1,2003; Ord. 4562
. near-the hospital.-- ------ ---------- ---§-2-(Exh.Aj:1992: Ord:4304§-!(13).-1988•rOrd:- ---- -
The RO-H designation is [o be used exclusively 4284 § 1, 1988; Ord.4229 § 2, 1987.)
for the hospital area, located in the viciniry of 2nd
Street N.E.and Auburn Avenue.and is intended to 18.22.030 Uses regbiring permiL
be used for medical and relaced uses and those uses The following uses may be permitted when a
compatible with the medica] community. (Ord. condi�ional use'permit has been issued pursuant to
4562 § 2 (Exh. A): 1992; Ord. 42?9 § 2, 1987.) the ProOisions of Chapter 18.64 ACC:
A. Conditionally permitted uses in the RO des-
1822.020 Permitted uses. ignacion:
Heieafier ell buildin@s. struc�ures or parcels of . 1. Civic,social and fratemal dubs;
]and shall only be used (or �he following, unkss 2. Daycare limited to mini dayCare cen[et,
otherwise provided for in this tide: daycare c"enter. preschools or nursery schools;
A. Permitted uses in RO desi�nation: 3. Goverriment facilities;
1. Art and phorography studios, including 4. Nursinc homes;
accessory sales; 5. Personal service shops; '
2. Banks and sirttilar financial ins�imtions. 6. Religious institutions;
ezcluding dnve-in facilities; 7. Res[aurants,excluding drive-in facilities.
3. Computer sales, including service that is B. Condicionally permined uses in RO-H desig-
incidental and subordinaie io ihe sales; naiion:
4. Duplexes. 3.600 square feet of lot area 1. Daycare, limited to daycazrcenter, pre-
per dwelling unit.is required: schools or nursery schools;
5. Home-baspd daycare: 2. Govemment facilities;
6. Multiple-family dwellings: provided,that 3. Multifamily dwellings, provided 1.200
2.400 square feet of lot area is pro�ided (or each square feet of]ot area is provided foreach dwelling
dwelling unit; unit;
7. Professional offices; 4. Rescaurants,excluding dri4e-in facilities;
� (Revisetl7/03) 1$-26 -
Auburo Ciry Code 18.22.060
5. Other retail sales of products that suppon 18.22.060 Supplemental development
the medical community. (Ord. 4562 § 2 (Exh. A), standards for both ttie RO and
1992; Ord. 4229 § 2, 1987.) RO-H designations.
A. All uses shall be conducted entirely within
18.22.040 Development standards for RO an enclosed structure, except noncommercial
designation. municipal automobile parking facilities in the
A. Minimum ]ot area: 7,200 square feet. RO-H zone. '
B. Minimum ]ot width: 50 feet. ' ' B. 'I'here shall be no outside storage of materi-
C. Minimum lot depth: 80 feet. als allowed.
D. Maximum loi coverage: 55 percent. C. Refuse cans. containers or dumpsters shall
E. Maximum building height: 35 feet. be screened from the 4iew of adjoining propenies..
F. Minimum yazd setbacks: D. No on-site hazardous substance processing
1. Front: 20 feet; and handling, or hazardous waste treatrnent and
2. Side, interior. five feet; storage facilities shall be permitted, unless clearly
3. Side, street:.10 feet; incidental and secondary to a permitted use. On-
4. Rear: 25 fee4; site hazardous waste treatrnent and storage facili-
5. Accessory structures shall meet all the ties shall be subject to the state siting criteria �
required setbacks of the zone with the exception (Chapter 70.1 O5 RCW).(Ord.5733 § 2;2003;Ord.
ttiat ihe rear yaid setback may be reduced to five 4562 §2(Exh. A), 1992; Ord.4294§3, 1988;Ord.
feet; provided, that any structnre wilh a vehicular 4229 § 2, 1987.)
entrance from a street(public or private) or public
alley shall be set back a minimum of 20 feet.
G. Fences and hedges: see Chapter 18.48 ACC.
H. Parking: see Chap)er 18.52 ACC. Parking
must be set back a miriimum of 10 feet from a
street. '
I. Landscaping: see Chapter 18:50 ACC.
___ J. Signs.; see Chapter 18.56 ACC_(Ord. 5777_ _ ___
§ 1,2003;Ord.4562 § 2(Exh.A), 1.992;Ord.4304 �
§ 1Q3), 1988; Ord. 4229 § 2, 1987.)
18.22.050 Development standards for RO-H
designation.
A, Minimum lot area: none required.
B. Minimum lot width: none reyuired.
C. Minimum lot dept6: none required_.
D. Maximum lot coverage:.none required.
E. Maximum building height: 65 fee[.
F. Minimum yard setbacks:
1. Front: 10 feet.
2. Side, interior: none required.
3. Side, street: 10 feet.
4. Rear: none required.
G. Fences and hedges: see Chapter 18.48 ACC.
H. Parking: see Chapter 18.52 ACC. Parking
must be set back a minimum of 10 feet from a
street.
I. Landscaping: see Chapter 18.50 ACC.
]. Signs: see Chapter 18.56 ACC. (Ord. 4562 §
2 (Exh. A), 1992; Ord. 4229 § 2, 1987.)
1$-27 � (Revised3l04)
18.24.010
Chapter 18:24 4. Beverages,
5. Bicycles,
C-N NEIGHBORHOOD 6. Books and magazines,
SHOPPING DISTRICT 7. Candy,nuts and confectiondry,
8. Clothing,
Sections: 9. Computen;
]8.24.010 ]ntent. 10. Dairy products,
18.24.020 Permined "uses. 1 I. Dry goods,
]8:24.030 Uses requinng permii. 12. Flowers and house plants,
18.24.040 Development standards. 13. Fruits and vegetables,
18.24.050 Supplemen[al development standards. J4. Hardware, including electrical, heating,
plumbing, glass, paint, wallpaper and .related
18:24.010 lntent gbods,
C-N neighborhood shopping center zones aze 15. Home gazden supplies,
intended for neighborhood shopping centers which 16. Housewares,
provide limited retail business; service and office 17. Jewel_ry and clocks,
facilities for ttie convenience of residents of the 18. Meat,fish and poultry,preprocessed,
neighborhood..A neighborhood shopping center is 19. Notions,
desi�ed and located so as to minimize tratfic con- 20. OfSce supplies,
gestion on public Fiighways and streets in its vicin- 21. Photographic equipment supplies,
ity and to best fit the general land use pattem of the including finishing,
area to be served by the center.The protective stan- 22. Radio, television,and stereos,
dards contained in this chapter are intended to min- 23. Shces,
imize any adverse effect of the shopping center on 24. Sporting goods,
nearby property values and to provide for safe and 25. Stationery,
efficirnt use of the shopping center itselt (Ord. 26. Toys;
4229 § 2, 1987.) O. Secretarial services;
P. Other uses may be permitted liy the planning
—18:24:020-Permitted uses. ----- " ---- i -- —director'ifthe use i§determined-to-be consistent
Hereafier all buildings, structures, or pazcels of with the intent of the zone and is of the same gen-
land in a C-N district shall only be used for the fol- eral character of the uses permitted 'm this section;
lowing;unless otherwise provided for in this tiUe: Q. Small animal hospitaUclinics; but does not
A. Art and pho}ography studios, including allow outside rdns or kennels. (Ord. 4260 § 1,
accessory sales; 1988; Ord.4229 § 2, 1987.)
B. Bakery and pastry shops, products made
must be sold at retail on the premises; 18Z4.030 Uses requiring permit
C. Banks and related financial institutions; The following uses may be permitted in a C-N
excluding drive-in facilities; district where a conditional use permit has been
D. Delicatessens, restaurants or sandwic6 issued pursuant to the provisions of Chap}er 18.64
shops,limited to a seating azea of 25 seats; ACC:
E. Dry cleaning and laundry services; A. Civic, social and fratemal clu6s;
F. Grocery stoFes; B. Daycare, limited to mini daycaze, daycare
G. Hobby shops; cenfer,preschools or nursery schools;
H. Ice cream parlors; C. Drive-in facilities, induding banks and res-
I. Laundry, self service; taurants;
J. Newsstands; D. Govertunent facilities;
K. P6rsonal service shops; E. Liquor ser4ing establishments, provided
L. Pharmacies; they are secondary to a restaurant use and limited
M. Professional offices; to on-premises consumption;
N. Retail stores and shops, including depart- F. Religious institutions;
ment and variery stores which offer for sale the fol- G. Restaura"nts and other eating establishmenu
lowing,and similaz related goods: with a seating capaciry of more than 25 seats.(Ord.
I. Antiques, 4229 § 2, 1987.)
2. Art supplies,
3. Baked goods,
�ae��sed 3roa� ' � 18-28
Auburn Ciry Code 18.24.050
18.24.040 Development standards. D. Operations conducted on the premises shall
Development standards in a C-N district are as not be objectionable beyond the property boundary.
follows: ' lines by ;eason of noise; odor, fumes; gases;
A. Minimum area to be developed as neighbor- smoke,vibration,hazard,or other causes.
hood shopping center. two acres; E. Refuse cans, contziners or durripsters shall
B: Maximum area to be developed as neighbor- be screened from the view o(adjoining properties. �
hood shopping centei: 10 acres; F. No on-site hazardous substance processing
C. Minimum lot wid�h: none required; and handling, or hazardous waste qeatment and
D. Minimum lot depth: none required: storage facilities sfiall be permiUed. unless clearly
E. Maximum lot co4erage: 55 percem; incidental and secondary to a permitted use. On-
F. Maximum building heighc 30 feet; site hazardous waste treatrnent and storage facili-
G. Ivtinimutn yard setbacks: ties shall be subject to the state siting criteria
1. Front: 50 feet, (Chapter 70.105 RCW). (Ord,4304 § I(14), 1988;
2. Side interior: none required, Ord. 4294 § 3, 1988;Ord. 4229 § 2,.1987.)
3. Side streeti 50 feet,
4. Adjoining aoy"R"zone:50 feet,.
5. Rear: none required;
H. Fences and hedges:see Chapter 18.48 ACC;
1. Pazking:see Chapter 18:52 A6C;
J. Landscaping: see Chapter 18.50 ACC;
K. Signs: see Chapter 18.56 ACC. (Ord. 5777
§ 1, 2003;Ord. 4229 § 2, 1987.)
18.24.050 Supplemental development
standards. '
Supplemental de4elopment standards in a C-N
district are as follows:
------A.-AIl uses.shall be conducted_entirely_wiilun a__._ _____..___._ .
----- -
building or swcture except: �
1. Automobile parking lo[s;
2. Display or sales of goods that do not
extend eight feet past the front of the building, do
not block entrances or interfere with pedestrian
travel, do not interfere with the parking areas and
do not encroach upon public property;
3. Outdoor seating 1'or restaurants, theaters
or outdoor entertainment;
4. Temporary uses as permitted by tFie hear-
ing examiner, building official, plannin`g director
or city engineer pursuant fo applicable ordinances;
5. Unloading and loading azeas;
6. Refuse containecs;
7. Play areas for daycazes.
B.. Any repairing done on the premises shall be
� incidental only, and limited to custom repairing of
the types of inerchandise sold on the premises at
�etail. The tloor area devoted to such repairing
shall not exceed 30 percent of the total iloor area
occupied by the particular enteiprise, except that
the limitations of this subsection shall not apply to
shoe, Yadio, television or other small appliance
repair.services.
C. Storage shall be limited to accessory storage
of commodities sold at retail on the premises. No
outside storage is permitted.
�$-Z9 (Revised 3104)
18.26.010
Chapter 18.26 S. Meeting rooms and/or reception facilities;
T. Motels;
C-1 LIGHT COMMERCIAL D1S7'RIC'I' U. Newsstands;
V. Newssyndicate services;
Sections: W. Nursing home;
18.26.010 Intent. J{. Personal service shops;
18:26.020 Permined uses. , Y. Pharmacies; '
18.26.030 Uses requiring permit. Z. Printing and publishing;
18.26.040 Development standards. AA. Professional offices;
18;26.050 Supplemental development standards. BB. Radio and television broadcasiin@ studios;
CC. Retail s(ores and shops, including depart-
18.26.O10 Intent ment and variety stores which ofCer for sale the fol-
The intent and objecrive of this classification lowing, and similar related goods:
and its application is to provide for the location of I. Antigues,
a grouping of uses which are considered compati- 2. Art supplies,
ble uses having common or similar performance 3. Automobile parts and accessories,
standards in that they repiesent rypes of enterprises excluding.service and machine shops,
involving the rendering of services, both profes- 4. Haked goods,
sional or to the person, or on-premises retail activ- 5. Beverages,
ities. This zone represents the primary commercial 6. Bicycles,
designadon for smal] to moderate scale coinmer- 7. Books and magazines,
cial acqviqes and should be developed in a manner 8. Candy,nuts,and confectionery,
whic6 is consistent with and attracis pedestrian- 9. Clothing,
oriented activities. This zone encourages leisure 10. Computers,
shopping and provides amenities co�ducive to 1 I. Dairy products,
attracting shoppers. (Ord.4547 §4(Exh.B), 1992; 12. Dry goods,
Ord. 4229 § 2, 1987.) 13. Elowers and house plants,
-- — --— --- 14. Fruits and vegetables,
18.26.020 Permitted uses. 15 Fumiture and home furnishings, � �
Hereafter all buildings, swctures or parcels of 16. Hardware, including electrical, heating,
land shall only be used for the following, unless plumbing, glass, paint, wallpaper and related
otherwise provided for in this title: goods,
A. Art, music and photography studios; 17. Home gazden supplies,
B. Automobile parking facilities; 18. Household appliances,
C.. Bakery and pastry shops,. products made 19. Household pets;
must be sold at retail on premises; 20. Housewares,
D. Banking and related financial ipstitutions, 21. Jewelry and clocks,
excluding drive-in facilities; 22. Meat, fisti and poultry,preprocessed,
E. Bowling alleys; 23. Notions,
F. Caretaker apartrnent; 24. O�ce supplies and equipmrnt,
G. Civic, social and frateriial clubs; 25. Photographir equipment, induding fm-
H. Daycaze, including home-based, mini day- ishing,
care, daycaze center, preschools or nursery 26. Radio;television, and stereos,
schools; 27. Shoes,
I. Delicatessens; 28. Sporting goods,
J, Dry cleaning and laundry services; 29. Stationery,
K. Funeral homes; 30. Toys;
L. Grocery stores; DD. Religious institutions;
M. Hobby shops; EE. Restaurant, including outdoor seating, but
N. Hospitals, to include small animal, but does ezclbding drive-in facilities. Sale of alcoholic bev-
not allow outside nins or kennels; erages is a.secondary use and is limited to on-pre-
O. Hotels; mises consumption; �
P. Laundry, self service; FF. Schools, including art, bu§iness, barber,
Q. Liquor store; . beaury, dancing,manial arts and music;
R. Massage pailors; GG. Secretarial services;
(Revised 3/D4) 18-30 �
Aubu�n Cih� Code 18.26.050
HH. Theaters. except drive-in: G. Govemment facilities,excluding offices and
II. Other uses may be permitted by the planning related uses that are permitted outright:
director if the use i's determined to be consistent H. Brew pubs:
with the intent of the zone and is of the:same gen- 1. Utiliry substations:
eral character of the uses permitted in this section: ]. Household goods storage. provided the fol-
J]. Apanments. within the North Aubum Busi- lowing requirements are met:
ness Area as established by Resolution 2283. pro- l. No more than two main entrances and/or
vided the�� are locaced in a multistory building and exits to the building and access to the individual
ai leasi �0 percem of ihe �ross floor area of the sioraee areas be from the inside of the buildin_:
ground iloor must comain a permitted use or com- 2. Landscaping and architecmral improve-
bination of uses.other than parking.as listed in this ments required to ensure compatibiliry with
section. The remaining 50 percent (or portion present and potential C-1 uses in the viciniiv. (Ord.
thereo� of the ground tloor may be apartments, 5383 § 1.2000;Ord.4547 §4(Exh.B). 1992:Ord.
conditionally permitted uses. lobby area. recre- 4265 § l, 1988;Ord. 4229 § 2. 1987.)
ation, or other uses needed to mainiain the build-
ing. 7'fiere are no minimum lot area per dwelling 18.26.040 Development standards. �
unit density calculations to apply to determ,ine the A. Minimum lot area: none required.
maximum number of dwelling units allowed; B. Minimum lot width: none required. -
ra[her,density shall be limited by the application of C. Minimum lot depth: none required.
other reguired development regulations ro the pro- D. Maximum lot coJerage: none reqnired.
posal induding. bnt not limi[ed ro, off-sveet pazk- E. Maximum building hei�ht: 45 feet. Build-
ing. setbacks. and landscaping. (Ord. 5666 § 1, ings within the Aubum North Business Area, as
2002; Ord.4547 §4(Exh. B). 1992;Ord.4229 § 2, established by Resolution 2283, may exceed 45
�9g7.) feet if one additional foot of setback is piovided
from each property line for eacA foot the building
78.26.030 Uses requiring permit. exceeds 45 feet in heigh�
The following uses may be permitted when a F. Minimum yard setbacks:
conditional use,permit has been issu_ed pursuant t_o___ __ _ 1. Fronr. 20 feet.
the provisions of Chapter 18.64 ACC: 2. Side. interior. none required.
A. Apanments:provided.ttiat 1?00 square feet 3. Side. street l5 feet.
of lot area is pro�ided (or each d�yelline unii: 4. Rear: none reguired.
B. Arcades: G. Fences and hed¢es: sec Chapter 18.48 ACC.
C. Automobile sales and leasing, new and/or H. Parking:see Chapter 18.52 ACC.
used. includine light pick-up trucks and vans but I. Landscaping: see Chapter 18>50 ACC.
not including recreational vehicles or heavy�rucks. ]. Signs: see Chapter 18:56 ACC. (Ord. 5666 §
provided the following requirements are met: 2, 2007: Ord. 4547 § 4 (Exh. B), 1992; Ord. 4265
1. The business shall be located on a major § 1. 1988; Ord. 4229 § 2, 1987.)
arterial as defined by the city traffic plan;
2. No repairing.paintinc or body work shall 18.26.050 Supplemental development
be conducted outside of a tiuilding: standards.
3. If adjacent io an R zone. a sight-obscur- A. All uses shall be conducted enurely within a
ing fence or landscapescreen shall be required: tiuilding or struc[ure except:
4. A minimum of a ?5-(oot setback shall be l. Automobile parking lots;
required of any building from any R zone: 2. Automobilesales and leasing;
5. Other landscapine or architecwral im- 3. Display or sales of goods that do not
provements may be required �o ensure compati6il- eztend eight feet past the front of the building, do
ity with present and potential C-1 uses in the not block entrances or interfere with pedestrian
4icinity: travel, do not interfere with the parking areas and
D. Automobile service sca�ions. provided they do not encroach upon public propeny;
are located at the intersection of two sireets.one of 4. Outdoor seafing for restaurants, th8aters
which must be an anerial: or other entertainment;
E.. Dance halls: 5. Temporary uses as pertnitted by the hear-
F. Drive-in facilities. includine banks and res- ing examiner. building offcial, planning diiector
taurants: or city engineer pursuantto applicable ordinances;
6. Unloading and loading areas;
18-31 (Aevised �tro2)
18.28.010
7. Utility substations: . C6apter 18.28
8. Refuse containers;
9. Play areas for daycares. G2 CENTRAL BUSINESS DISTRICT
B. Any repairing done on the premises shall be
incidental only, and limifed to custom repairing of Sections:
the types of inerchandise sold on the premises at 18:28.010 Intent.
retail. The 1]oor area devoted to such repairing 18.28.020 Permitted uses. �
shall no( exceed 30 percerrt of the total tloor area 18?8.030 Uses requiring permit.
occupied by the panicular enterpri�es. excepi thai 18.28.040 De�-elopment standards.
tlie limitations of this subsection.shall noi apply io 18?8.050 Supplemental development standards.
shce. radio, television or other small appliance 18.28.060 Development standards for parking
repair services. garages. '
C. Storage shall be limited to accessory storage
of commodi�ies sold at retail on the premises or 18.28.010 Intent
materials used in the limited fabrication o( com- The intent and objective of this classification
modities sold at retail on the precnises. No ouFside and its application is io set apart that portion of the
storage is permitted. city which fortns the cenler for financial,commer-
D. Operations conducted on the premises shall cial, governmental, professional, and cultural
not be objectionable beyond the property bounda_ry activities all of which have common or similar par-
lines by reason of noise, odor, fumes, gases, formance standards in that they represent types of
smoke, vibration, ha7ard or other'causes. enterprises involving the rendering of services,
E. No on-site hazardous subs[ance processing both professional or to the person, or on-premises
and handling, or hazardous waste treatment and retail activities.TF�is ione encourages and pro�ides
siorage facilities shall be permitted, unless clearly amenities conducive to attracting pedestrians. This
incidental and secondary to a permitted use. On- zone-shall only be applied within the central busi-
site hazardous waste treatment and storage facili- ness disvict as def ned by the comprehensive plan..
ties shall be su6ject to the state siting criteria (Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; OTd.
_{Chap[er 70._105_RCW)_(Ord_4547 § 4 (Exh, B).____ 5193 § 1, 1998; Ord._4914 § l, 1996; Ord. 4229 §
1992; Ord. 4294 § 3. 1988; Ord. 4229 § 2. 1987.) 2, 1987.) —'
18:28.020 Permitted uses.
Hereafter,all buildings, strvetures, or parcels of
land shall only be used for the following, unless
otherwise provided for in this tide:
A. Apartments, provided they are located in a
multistory building ttie ground floor of which musf
contain a permitted use as listed in subsections B
through HH of this section. No density limitations
shall apply:
B. Art, music and photography studios;
C. Automobile parking facilities;
D. Bakery and pastry shops; products made
must be sold at retail on premises;
E. Banking and related financial instiwtions.
For drive-in facilities see ACC 18.28.030(C);
F. Caretaker apanment;
G. Civir, social, and fraternal clubs;
H. Dayca_re, including home-based, mini day-
care, daycare center, preschools or nursery
schools;
I. Delicatessens;
l. Dry cleaning and laundry services;
' K. Grocery stores;
L. Health and physical fitness clubs:
M. Hobby shops:
(Rev�sed i v02) 18-32
Auburn Ciry Code 18.28.030
N. Hospitals,to include small animal, but does EE. Restaurants, including outdoor seating.For
not allow outside runs or kennels; dnve-in facilities, see ACC 18.28.030(C). Sale of
O. Hotels; alcoholic beverages is only allowed pursuant to
P. Laundry, self ser4ice; ACC 18.04.805;
Q: Liquor srore; FF. Schools, including art, business, baiber,
R. Massage therapy; beaury, dancing,martial arts and music;
S. Meeting rooms and/or reception facilities; GG. Secrecarial services;
T. Motels: HH. Theaters. except drive-in;
U. Ne���sstands: ll. Other uses may be perrtiined by the planning
V. News syndicate sen�ices; director if the use is determined to be consistent
W. Nursing homes; with the intent of the zone and is of the same gen-
X. Personal service shops; eral characrer of the usespamitted in this secrion;
Y. Pharmacies; JJ. Commpter rail stations and bus transfer sta-
Z. Printing and publishing; tions;
AA. Professional offices; KK. Commercial recreation. Outdoor recre-
BB. Radio and television broadcasting smdios; ation areas may be allowed but must be part of and
CC. Retail stores and shops, including depart- incidental to the principally permitted commercial
ment and dariery stdres wfiich offer for sale the fol- rec�eation use. The outdoor area can be no,lacger
lowing and similaz related goods: than 25 percent of the floor area of t6e building of
1. Antiques; the associated commercial recreation use. 1'he
2. Art supplies; entire perimeter of the outdoor recreation area must
3. Automobile pans and accessories, be landscaped with a five-foot width of Type 111
excludes seivice and machine shops; lan8s,caping pursuant to ACC 18.50.040(C) unless
4. Baked goods; ezisting building walls are nsed. (Ord. 5555 § 1,
5. Beverages; 2001; Ord..5510 § 1, 2001; Ord. 5193 § l, 1998;
6. Bicydes; Ord.4914 § 1, 1996; Ord. 4229 fi 2, 1987.)
7. Books and magazines;
8. Candy,nuts, and confectionery; 18,28.030 Uses requiring permit.
--- - -._ _ . .,------ =-
9. Clothing: The followmg uses may be pertnitted wfien"a" "". "
10. Computers; conditional use pertnit has been issued pursuant to
1 I. Dairy products: the provisions of Chapter 18.64 ACC:
12. Dry goods; A. Apartments, no density limitations are
13. Flowers and houseplants; applied. The first tloor of any apartment building
14. Fruits and vegetables: that has frontage on Main Street shall contain a use,
15. Fumirure and home fumisfiings; other tfian residential or parking, which is other-
16. Hardware, including electrical, heating, wise permi({ed by the G2 zone. Only that portion
plumbing, glass, paint, w•allpaper and rela�ed of the first floor that fronts on Main Sfreet needs to
goods; be occupied by the nonresidential use. All apan-
� 17. Home garden supplies> ment projects on .Mafn Street must meer these
18. Household appliances: requirements and then will be considered a pertnit-
19. Hoasehold pets; [ed use and therefore a conditional use permit is not
20. HouseK�a�es: required;
21. Jewelry and clocks: B. Arcades;
22. Meat, fish and poultry, preprocessed; C. Drive-in facilities. including banks and res-
23. Notions; taurants. No drive-in facilities shall be allowed
24. Offce supplies and equipmenr vehicle access to or from Main Street;
25. Ptiotographic e_quipment, including fin- D. Govemment facilities, this excludes offices
ishing; and related uses that are permitted outright;
26. Radio, television, and stereos; E. Brew pubs;
27. Shoes; F. Utility substations; .
28. Sporting goods; G, Any expansion of the space, volume,area or
29. Stationery; facilities of any automo6ile repai�,maintenance or
30. Toys; service, automobile service station, or car wash
DD. Religious instintions; business that existed before the effective date of
Ordinance No. 5555. Any such expansion must be
18-33 (Revisea uo2)
18:28.040
physically connected to the ezisting business.must well as provide some design continuiry between
be contained within the same lot or adjusred lot.as the faciliry and primary structure.
the existing business and canno[ be.separated by a 8. A five-foot width of Type IIl landscaping
street or alley; shall be provided along the street frontage(s) that
H. Gasoline dispensing facilities for passenger the faciliry is oriented to.
vehicles, provided the following requirements, 9. Any other products for sale shall only be
which supersede the requirements of ACC displayed within the building containine the pay �
18.28.050(F), are mei. These faciliiies are not window and any such produccs shall be incidental
intended to be the same as ot allow for an automo- to automobile care/maimenance. or snacks and
bile service station as defined 6y ACC 18.04.140. be��erages. No sales of alcoholic beverages will be
I. The facility must be accessory to an exist- allowed.
ing retaiVservice establishment in which the princi- 10. Signs shall be limited[o permanent wall
pal tenant has a minimum lloor area of at least signs, attached to the face of the canopy, only.
25,000 squaze feet. The principal tenant must own 11. The application for the conditional use
and/or manage the faciliry. 'fhe faciliry must be permit shall illustrate how it complies with these
located on the same pareel of property as the prin- standards. (Ord. 5555 § l, 2001; Ord. 5510 § I,
cipal tenant and the property must be at least 2001; Ord. 5383 § 1, 2000; Ord. 5193 § 1, 1998;
]00,000 squaze feet in azea. Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
2. The faciliry must be locaced on the prop-
erty to minimize the amount of conflict to the 18.28.040 Development standards.
� pedestrian vaffic. ' A. Minimum lot area: none required.
3. The facility must be located on and have B. Minimum lot width: none required.
d'uect access to an arterial using existing curb cuts C. Minimum lot depth: none re.quired.
and driveways whenever practical. If the curb cuts D. Maximum lot coverage: none required.
and driveways do not meet current ciry standards E. Maximum 6uilding height:
then they s,hall be brought up to such standards. 1. The.maximum height of that portion of a
4. The facility cannot interfere with the building that abuts a street(s) shall be no higher
existing parking and/or traffic circulation on the __ than the width of the abutting street(s). Building
property. Theie shall be enough room on the prop- height may increase; provided, that the building is
erty to allow for adequate stacking space for vehi- stepped back one foot (from the abutting street
cles waiting for fuel in order to avoid cars righi(s)-of-way)for each foot of increased building
interfering with vehicles on the street. The (aciliry heieht.
cannot reduce the amount of parking required by 2. If the building abuts more than one street
the zoning code. and the abuning stree[s have different widths then
5. The faciliry shall have a roof tha} covers the height of the building allou�ed at any street
all activities including the pay w�indoi+•, refuse con- frbntage shall be the averaee of the abuteing street
tainers, fuel pumps and the adjacent parking area �cidths.
for the cars being fueled, The area that fs co4ered 3. The follo��fnL rooftop fea[ures may
by the roof of the faciliry shall be no larger ihan exiend up to 15 feei abo�•e che maximum heigh)
6.000 square feet. The number of pumps shall be limir. stair touers, cicvator pentFiouses, and
limited to five such that no more than 10 vehicles mechanical equipmcnt.
may be fueled at any one time. F. Minimum yard se[backs: none required,.see
6. Columns or similar architectural features ACC 18.28.050(F) for specific building orienta-
shall be provided that screen the visibiliry of th_e tion.
pump islands as well as give the visible impression G. Fences shall be decorative and relate archi-
of enclosing the striicmre. Ifnecessary, provisions tecturally ro the associated building. Acceptable
must be made to avoid a safety issue of enclosing matenals are brick, wood, stone,metal,or textured
any fumes associated with the fueling of the vehi- concrete. Typical galvanized wire mesh (chain
des. The overall height of the faciliry shall not link), barbed wire or razor wire are not permined.
exceed 20 feet. When a fence abuts a sqeet right-of-way, a five-
7. The desig�, architectural treacment and foot width of Type Il1 landscaping shall be pro-
streetscape feanues of the faciliry must be consis- 4ided between the fence and street right-of-way.
tent with the design concepts as outlined in para- For funher information see Chapter 18.48 ACC.
graph "P" of Section 1.4 of the downtown plan as
(ReviseC 2/02) 18-34
Auburn City Code 18.28.050
The provisions of this section shall not apply to rotal floor area occupied by the particular enrer-
temporary fences required for construction prise, except that the limitations of this subsection
projects permitted by the ciry. shall not apply ro shoe, radio, television, or other
H. Parking: see Chapter 18.52 ACC. smal! appliance repair services.
I. Landscaping: see Chapter ]8.50 ACC. C. Storage,shall be limited to accessory storage
J. Signs: see Chap[er 18.56 ACC. (Ord. 5555 of commodities sold at retail on the premises or
§ 1, 2001; Ord. 5510 § ], 2001; Ord. 5193 § l, materials used in the limited fabrication of com-
1998; Ord. 4914 F 1. ]996: Ord. 4229 § 2. 1987.) modities sold at retail on the premises..No outside
storage is permined unless allowed elsewhere by
18.28.050 Supplemental development this chapter.
standards. D. Operations conducted on the premises shall
A. All uses, including any automobile repair, not be objectionable beyond the properry boundary
service or maintenance,shall be conducted entirely lines by reason of noise, odor, fumes, gases,
within a building or structure except: smoke,vibration, hazard,or other causes.
1. Automobile parking lots; E. No on-site hazardous substance processing
2. Display or sales of goods that do not and handling or hazardous waste treatment and
extend eight feet past the front of the building, do storage facilities shall be permitted, unless cleazly
not block entrances or interfere with pedestrian incidental and secondary to a pertnitted use. On-
travel, do not interfere with the pazking areas and site hazardous waste treatment and storage facili-
do not encroach upon public property; ties shall be subject to the state siting criteria
3. Outdoor seating for restaurants, theatets, (Chapter 70.105 RCVI�.
or other entenainment; F. Building Orientation Requirements. The fol-
4. Temporary uses as permitted by the hear- lowing requirements apply to the construcrion of
ing examiner, building official, planning d'uector all neiv bdildings or.strucriues:
or city engineer pursuant to applicable ordinances; ]. Existing buildings or structtues, includ-
5. Unloading and loading areas; ing facades, that do not have setbacks or otherwise
6. Utili_ty substations; cannot comply aze exempt from these requirements
7, Refiise containers; - regardless of the amount of improvements made to
8: Play areas for daycares;� the 6uilding, structure or facade as long as any
9. Outdoor commercial recreation; alteration does not make the existing facade more
10. For automobile repair businesses there nonconforming.
shall be no vehicles stored outside that are not 2. Existing buildings, swcrures, or facades
operable unless such vehicles are contained within that areset back and within 20 feet of a street shall
a fenced and paved area. The entire perimeter of comply to tlie fullest extent possible as determined
the outdoor storage area shall be landscaped with a by the planning director, with the following
five-foot width of Type 1 landscaping pursuant to requirements when any cumulative swctural
ACC 18.-50.040(A) unless the walls of an existing improvements are made that exceed 50 percent of
building are used. The maximum size of the out- the assessed value of the existing building, swc-
door storage area shall be no more than 25 percent ture, or facade.
of the associated building area. All au[omobile 3. Any addition to an existing building,
repair businesses shall have one year ,from the regardless of value, that will be within 20 feet of a
effective date of Ordinance No. 5555 to comply street shall also comply ro the fullest eictent possi-
with this subsection (A)(10); ble as detertnined by t6e planning director,with the
11. Car washes, but must have at�least iwo following requirements.
walls and a roof for each wash bay; a. For each lineal foot of frontage a
12. Service station pump islands; building has on a street, there shall be provided an
13. Public spaces/uses including but not area(s) for pedestrian amenities at the rate of one
limited to parks, plazas, and pedestrian shel- square foot of ground area fot each lineal foot of
ters/waiting areas, including those for bus and train building frontage. Pedestrian amenities shall con-
stops. sist of such features as landscaping,benches,entry
B. My repairing, except au[omobile, done on ways with accents such as 6rick pavers, art work,
the premises shall be incidental only,and limited to or a combination of these or similaz features. Ttte
custom repairing of the rypes of inerchandise sold pedestrian amenities shall be located on the prop-
on the premises at retail. The floor area devoted to erty betwern the street right-of-way and the build-
such repairing shall not exceed 30 percent of the
18-35 (Revised 2/02)
18.28.050
ing. The planning director shall approve the vide for a sight dis(ance a-iangular setback as
amount and rype of ihe pedestrian amenities. requ'ued by ACC 18.48.020(B)(1)(a) and (B)(1)
b. For buildings that have a street front- (b). These triangulaz areas may contain pedestrian
age that exceeds 50 feet then at least 25 percent of amenities that sadsfy the requirements of subsec-
the building's frontage shall be immediately adja- tion (F)(3)(a)of this section.
cent �o the sneet righc-of-way. j. A site plan shall be prepared by the
c. For buildings that have a sneet front- proponent which addresses compliance with the
age that is less than 23 feet then no pedestrian requirements as outlined in subsections (F)(3)(a)
amenities will be required and the buildinc may be through (F)(3)(i) of this section. The site plan shall
located at th"e property Ifne. There shall, hoi+�ever, be approved by the planning director prior to the
be provided a landing in front of each door that submittal of any building perroit.
opens to a street that is large enough such that no k. For the sole purposes of subsection F
part of any door will encroach into the street right- of this section the term "street" s6a11 include the
of-way when the door is being opened or closed. right-0f-way of private and pbblic streets.7'he tertn
d. For buildings that provide additional shall also include pedestrian walkways, encum-
setbacks, except as restricted by subsection bered by an easement or similaz means, that am
(F)(3)(b)of[his section,the area benveen the street used by the general public to vavel from one prop-
right-of-way and the building shall only contain erty to another.
pedestrian amenities. G. Mechanical equipment on rooftops shall be
e. ]f a building has more than two street sited and designed to minimize noise and effec-
frontages then at ]east nvo of the frontages shall tively screen the equipment from view from adja-
comply with subsections(F)(3)(b) and(F)(3)(g) of cent properties and rights-of-way. The following
this section and contain pedestrian amenities methods,or a combination thereof,may be used:
between the building and the stteet right-of-way. 1. Setback from the roof edge to obscure
Any remaining frontages shall either have pedes- visibiliry from below;
trian amenities, windows, murals, flat surfaced art 2. Inregration into the building architectuFe,
work or other similar arcfiitecniral fearures that using building walls, roof wells or roof parapets to
would avoid large_blank walls. _ __ conceal the equipment;
f. For new buildings that will infill 3. Equipment enclosure or sight-obsciiring
between [wo other existing buildings the new fencing or landscaping;
building shall be set back no fiirther than either of 4. Overhead trellis or roof to obscure visi-
the adjacent buildings unless additional setback is biliry from above.
required to comply with subsection(F)(3)(a)of this Materials used ro screen mechanical equipment
section.7he proposed setback shall be reviewed by shall be the same as or compatible with the design
the planning director to ensure the setback will of the principal structure.
maintain building continuiry along the screet, H. Stair fowers and ele4ator penthouses shall be
g. Buildings shall have windows that designed to be architecturally integrated into the
encompass at least 60 percent of the firsi floor principal structure. This may include using the
facade and at least 40 percent of the facade of each same building materials, repeating common build-
additional tloor. At Ieast 50 percent of the area of ing forms, colors or elements, or incorporating the
[he first floor windows of nonresidential buildings roof and wall of the scair tower or elevator pent-
shall provide visibility to the inside of the building. house into the upper wall of the swctwe.
This subsection shall only apply to the facades, of 1. Any automobile repair,serJice,maintenance,
new buildings; with street frontage and shal] not mac6ine shop,caz wash or service station that was
lessen the requiremeqts of t}ie Unifortn Building or legally established before the effective date of
Fire Codes. Ordinance No. 5555 will not be considered a non-
h. The building's principal pedestrian conforming use. Any expansion of said bse(s)will
entrance shall be oriented to the street. If the build- reqnire a conditional use permit. (Ord.-5555 § 1,
ing is at a corner, either street or alley, then the 2001; Ord. 5510 § I, 2001; Ord. 5193 § l, 1998;
principal pedestrian entrance shall be at the corner Ord. 4914 § 1, 1996; Ord. 4294 § 3, 1988; Ord.
unless a bener architectural design is attained at 4229 § 2, 1987.)
another location and approved by the planning
director.
i. Buildings that are at the intersection of
either two streets or a streef and an alley shall pro-
{Revised2�o2) � 1&36
Auburn City Code 18.28.060
-- 18:28.060 Development standards for parking 2. The rhythm and proportions of the open-
garages. ings on upper iloors should complement the design
Pazking garages shall be exempt from the sup- of the lower floor storefront. Upper floors should
plemental design standards of the G2 zone, ACC avoid long,continuous horizontal openings. Along
]8:28.050(F), unless otherwise indicated. The pedestrian-oriented streets or public spaces open-
intent of this sec�ion is to ensure that parking ings on all floors should be architecmrally treated, ' ,
garages are designed Yo be architecwrally hamioni- to create the irtipression of a [raditional downtown
ous with associated buildines. and reflec� tradi- coinmercial building. These migtit include treat-
tional, commercial building forms. The followine ments which are or resemble ��indo��sills. lintels.
development standards shall apply: mouldings, mullions and muntins, or openings
A. Maximum building height: 60 feet. An ele- with a unique shape, such as an arch. pediment, or
vator penthouse, stair towers or mechanica] equip- hood.
ment may extend above this height by I S feet. E. Lighting requirements indude the following:
B. First Floor Commercial Space. l. Lighting inside the garage shall meet a
1. For parking gazages with sveet frontage minimum standard of Tve foot-candles, nor to
� on Main Sveet, commercial spaces shall.occupy exceed the Washington State Energy Code Light- .
100 percent of the first floor of the parking ing Power Allowance. '
garage's Main Street frontage. Parking garage 2. Light fixmres shall be protected from
driveway envances and/or exi}s shall not be per- breakage by means such as a wired cage.
mitted directly to and/or frbm Main Sveet. F. Pedestrian entrances to the garage from adja-
2. For parking gazages within the following cent streets or plaza shall be clearly defined
area: Bnrlington Northem Santa Fe (BNSF) rail- through design of the pavement, and/or building
road right-of-way;all parcels fronting ]st Sveet SE opening, and shall be signed.
(both sides of sveet); A Sveet SE; and.3rd Street G. The total square feet of landscaping area to
SE,commercial spaces shall occupy a minimum of be provided shall be detertnined by muluplying
50 percent of the first floor of the parking garage's each parking garage frontage along a public s[reet,
street frontage or primary public exposure of the sidewalk, plaza, or pedesvian route by 0.75.
, —__—_parking.strucmre._ __,_____ _____. ___..._ _ The minimum acceptable dimension•for any
3. Parking garages that provide required off- landscaping area is two feet for vine's only,or tluee
street parking for a commercial or mixed use feet for other types of landscapiog. Landscaping
development and that are located on the same par- should be located along a minimum of 25 percent
cel as,or on a contiguous parcel to,the commercial of any frontage. However, landscape location may
or mixed use development being served sFiall be be revised and consolidated if severe space limita-
exempt from the requirements of subsection(B)(2) tions restrict the ability to provide the minimum
of this section. However,'the provisions of subsec- landscape area on each frontage. Pedestrian amen-
tion (B)(1) of this section shall still apply to such ities, as defined in ACC 18.28.050(�(3)(a), may
pazking garages with street frontage on Main be used to meet the landscaping requirement,up to
SVeet. a maximum of 50 percent of the required landscap-
C. Where concrete is used for walls that are vis- ing area,and may include benches,artwork,or dec-
ible from a public sidewalk, sveet, plaza or pedes- orative paving.
vian route, then the concrete conswction must be The planning director shall approve the amount,
azchitecturally treated. Following are several ty"pe,and location of landscaping and/or pedestrian
acceptable methods for architecmral veatrnent: amenities.
1. Texmred or patteroed surface. H. Parking garages shall be architecturally con-
2. Colored admixture in concrere. sistent with other buildings in the same project,and
3. Other masonry types as accent, such as shall use the same, or harmonious, colors and
brick,glass block,or tile. materials. Parking garages that are not part of a
D. Windows and openings in the parking larger projeci shall be architecturally compatible
garage facade shall mext the following requ've- with neighboring strucmres or consistent with the
ments: urban design vision for the area as expressed in the
1. Glazed windows aze not required for the downtown plan.
car park section of pazking swctures. Any first I. Sta'u towers and elevator penthouses shall be
iloor area devoted to commercial use shall meet the designed to be architecturally integrated into the
window requirements listed in the supplemental principal swcture. Ttiis may include using the
development standazds,ACC 18.28.050(F)(3)(g). same building materials, repeating common build-
]$•$� (ReNsed 11/04)
18.30.010
ing forms, colors or elemen[s, or incoipoizting the Chapter 18.30
roof and wall of the staii tower or elevator-pent-
house into the upper wall of the svucmre. C-3 HEAVY COMMERCIAL DISTRICT
J. Standard sized parking spaces in parking
garages are allowed an exception to ACC Sections:
18,52,090; Parking space dimensiona] require- 18.30.010 Intent.
ments. Spaces orien�ed at 90 degrees ro the aisle 18.30.020 Permined uses.
are allowed a minimum length of 18 feet. a mini- ]8.30.030 Uses reqoiring condiuonal use permit.
mum wid�h of eight and one-half feei and a mini- 18.30.040 De��elopment siandards.
murrm;aisle u�idth of 22 feet. (Ord. 5>j5 § 1, 2001; 18.30A50 Supplemental,de��elopment standards.
Ord. 5510 § ], 2001.)
18:30.O10 Intent.
The intent and objective of the C-3 district clas-
sification and its application is to provide fortHe
location of and grouping of ente;prises which may
involve some on-premises retail service 6ut with
outside activities and display or fabrication,assem-
bling,and serJice feanires.This zone is intended to
accomtnodate uses which aze oriented to automo-
biles either as the mode or target or prodpcing the
commercial service. The uses enumeratad in t6is
classificapon are conside�ed as having common or
similar perforinance standazds in that they are
heavier in rype than those uses permitted in the
more restrictive commercial classifications: (Ord.
4910 § 1, 1996;Ord. 4229§ 2, 1987.)
18.30.020 Permitted uses.
� Hereafter all tidildings, swctures, or parcels of
land in the C-3 district shall only be.used forthe
following, unless otherwise provided for in this
tide:.
A. Arcades; .
B. Art, music apd photograpFiy studios;
C. Auction Houses,ezcluding animals;
D. Automobile parking facilities;
E. Au(omobile repair services;
F. Automobile sales, new and/or used;
G. Automobile and wck rental;
H. Automobile service stations;
1. Automobile washes;
J. Bakery and pastry sliops, products made
must be sold at retail on the premises;
K. Banking and related financial instimtions;
L. Bingo halls;
M. Building convactor services,including stor-
age yards;
N. Buspassengerterminals;
O. Caretaker apartments;
P. Cidic, social and fratemal associations;
Q. Commercial rec�eauon;
R. Dancehalls;
S. Daycaze, including home based, mini day-
- caze,daycare centers,prescho.ol or nursery schools;
T. Delicatessens;
faeasea i voa� 18-38
Autiurn City Code � 1830.030
U. Dr� cleaning and laundry services: 21. Housewa_res.
V. Equipment rental and leasing. dces not 22. Jewelry and clocks,
include heavy construction equipment; 23. Meat. fish, and poultn-,preprocessed,
W. Food locker services; 24. Notions.
X. Funeral homes; 25. Nursery and horticulmral products,
Y. Grocery stores; 26. Office supplies and equipment. ,
Z. Heal�h and physical fitness clubs: 27. Photoeraphic equipment. including fin-
AA. Hobbv shops: isfiine.
BB. Hospiials. to indude small snjmaL 6ui 28. Radia ielevision. �nd stereos.
does not allow outside runs or kennels; 29. Shoes.
CC. Hotels; 30. Sporting goods,
DD. Laundry, self-service; 31. Stationery,
EE. Liquor store; 32. Toys;
FF. Lumber yards; XX. Reupholstery and fumimre repair;
GG. Manufacwred/mobile home sales lots; YY. Schools, incldding art, tiusiness, barber,
HH. Massage parlor; . beauty,dancing,dri4ing, martial arts and music;
II. Meeting rooms and/or reception facilities; ZZ. Secretarial services; '
Jl. Mini-storage warehouses; AAA. Skating:arenas;
ICK. Motels; BBB. Storage warehousing, limi}ed to being
LL. Motorcyde sales and service; incidental to principal permitted use on property;
MM. Newsstands; CCC. Suntanniug beds; '
NN. News syndicate services; DDD. Tavems;
OOi'Personal service shops; EEE. Theaters, including drive-in;
PP. Phartnacies; FFF. Truck sales, with repair as a secondary
QQ: Printing and publishing: use;
RR. Professional offices; G(3G. Other uses may be perrnitted by tFie plan-
SS. Radio and television broadcasting studios; ning director if.the use is detennined to be consis-
Tf._Recreational vehicle parks;,____ _ _ tent with the intent ofthe zone and is of the same ,
W. Recreational vehicle sales lots: general character of the uses perrnified in this sec-
VV: Resta"urants;. uon;
WW. Retail stores and shops, inclu0ing depart- HI--IH. Brew pubs;
ment and variery stores which of(er for sale the fol- III. Sexually oriented.businesses as pro3ided in '
lowing and similaz related goods: Chapter 18.74 ACC. (Ord. 5835 § 3, 2004; Ord.
1. Antiques; 5383 § 1. 2000: Ord. 4910 § 1, 1996; Ord. 4229 §
2. Art supplies, 2, 1987.)
3. Automobile parts and accessories,
4. Baked goods, 18:30.030 Uses requiring conditiooal use
5. BeJerages, permi6
6. Bicycles, The following uses may be permitted when a
7. Hooks and magazines, conditional use permit hxs been issued pursuant ro
8. Candy, nuts and confectionery, the piovisions of Chapter 18.64 ACC:
9. Clothing: A. Apartments;provided,that 1,200 square feet
!0. Computers, of lot area is provided for each dwelling unih,
11. Dairy products, B: Government facilities, this exdudes offces
12. Dry goods, and relared uses that are permined outright;
13. Flowers and house plants, C. Ivliscellaneous light manufacturing includ-
14. Fruits and vegetables, ing tbys, jewelry, ceramic, musical inswments
15. Fumiture and home fumishings, and similar products, apparel and other finished
16. Garden and farm supplies, products made from fabrics, leather, and similar
17. Hardware, including electrical, heating, materials, manufacturing of professional, scien-
plumbing, glass, paint, wallpaper, and related ufic,and controlling inswments such as photo and
goods, optical goods,watch and clock manufacturing,and
18. Home garden supplies, similar products, with retail sales of Products man-
19. Household appliances, . ufacmreA on the premises;
20. Household pets, D. Nursing homes;
18-39 �Re�sed ivoa�
18.30.040
E. Semi-iractor and tiailer sales; Chapter 18.32
F. Utiliry substations;
G. Helipons; M-1 LIGHT INDUSTRIAL DISTRICT
H. Work release. prerelease or similar facilities
offering alternatives to imprisonment under the Sections:
supervision of a coun. siate or local go��emment 18.32.010 lntenL
agency, and meeti��g the standards established 18:32A20 Permitted uses.
under ACC ]8A8.090. (Ord. 5835 F 4. 200�: Ord. 1832.030 Uses requiring adminisvative permits.
4910 § 1.J99G: Ord. 4590 F 5 (Exh. Dl. 199?: Ord. 18.32.0�0 Uses requiring conditional use permit.
4283 § 1, 1988; Ord. -1229 § 2. 1957.) 18.32.050 Development standazds.
' ]832.060 Supplemental development standaids.
18:30,040 Development standards.
Developmen) standards in a C-3 district are as 18.32.010 Intent.
follows: The purpose of the M-1 zone is to accommodate
A. Minimum lot area: none required; a variety of industrial uses in an industrial park
B. Minimum lot width: none required; environment, ro preserve land for light industrial
C. Minimum loi depth: none required; uses,to implement the economic.goals of the com-
D. Maximum lot coverage: none required; prefiensive plan and to provide a greater flexibiliry
E. Mazimum building height: 45 feet. Bbild- within [he zoning regulations for those uses which
ings may exceed 45 feet if one foot of setback is aze nonnuisance in terms of air and water pollutiop,
provided from each propeny line for each foot the noise, vibration, glaze or odor. The light industrial
building exceeds 45 feer, character of this zone is intended to address the
F. Minimum yard setbacks: way in which industrial uses are carried out rather
1. Fronc 20 feet, than ttie actual rypes of products made.
2. Side, interior: none reqbired, The ]ight indusvial character will limit the
3. Side, sveet: 15 feet, amoun[of industrial activities and other uses which
4. Reaz: none required; may be conducted outside of enclosed buildings,
G. Fences and hedges: see Chap�er 18.48 ACC; Uses which are not wstomarily conducted indoors,
.
r-_-----�— -- _...---
---•- -- — ---- ---
. ar mg: see apter 1 .-52 AC ; or mvolve hazardous matenals are considered
I. Landscaping:see Chapter I8.50 ACC; heavy industrial uses under this ude and are not
]. Signs: see Chapter 18.56 ACC. (Ord. 5777 appropriate for the M-1 zone.
§ 1, 2003; Oid. 49I0 § l, 1996; Ord. 4229 § 2, While the majority of the M-1 zone is intended.
198Z.) for ]ight industrial uses there may be some com-
mercial uses permitted if the use enhances the qoal-
18.30.050 Supplemental development ity of the area and dces not disrupt the conunuity of
standards. the indusVial uses. Regional shoppiag centers and
No on-site hazardous substance processing and corrimercial recreation may also be pemtitted if
n�a>>��,or h_azaidous waste treaunent and siorage they aze found to be appropriate and consisten[
facilities, sh_all be pe�mitted, unless clearly inci- with the comprehensive plan,
denfal and secondary io a pemtiCted use. On-site An essential aspect of this zone is the need to
hazardous waste treatment and slorage facilities maintain a qualiry of developmen[ that a[uacts
shall be subject to the state siting criteria(Chapter rather than discourages further investmeot in light
70.105 RCW). (Ord. 4910 § l, 1996; Ord. 4.294 § industrial development. ConsequenQy, site activi-
3, 1988.) , ties which copld distract from the visual quality of
deJelopment of those areas, such as outdoor stor-
age should be svicUy regulated within this zone.
(Ord. 4910 § l, 1996; Ord.4229 § 2, 1987.)
18.32.020 Permitted i►ses.
Hereafter all buildings, swctures, or parcels of
land in an M-1 disvict shall only be used for the
following, pnless otherwise provided for in this
tide: j
A. Building and conswction contractor ser-
vices;
(ReJised 11/04) 18-�
Auburn City Code 18.32.030
B. Caretaker quaners, not more than one per devices, sound equipment and supplies. personal
establishment; accessories, and products of similar character;
C. Cold storage plants; L. Manufacturing, assembling, packaging and
D. Household movers and storage; developmem of computer equipment and software,
E. Janitorial services; and related producis;
F. ]ob training and vocational rehabilitation; M. Outside storage limited to !0 percent of the ,
G. Manufacturine. assembling and packaging floor area of the associated buildine provided the
of anicles, products and merchandise from previ- storaee is supplemental �o the permitted use,
ouslv prepared synihetic or naiural m�terials. loca�ed to the rear of the propem and does not aliu)
including but not limited to bristles, canvas, cello- on a street and is sepazaied by another use such as
phane, and similar synthetics, chalk, clay (pul��er- a building or parking lot;
ized only, with gas or electric kilns), cloth, cork, N. Printing, publishing, and allied industries
feathers, felt, fiber, fur, glass (including glass fin- inclbding such processes as lithography. etching,
ishing), giaphite, hair, horn, leather, paper, paraf- engraving, binding, blbeprinting, photocopying,
fin, plastics or resins, precious or semi-precious and film processing;
metals,or stones,putry,pumice,rubber(excluding O. Professional offices related to an on-site per-
tire manufacturing or recapping, assembling of a mitted use or larger than 50,000 square feet of floor
premanufactured vead is however permitted), area;
shell,textiles,robacco,wire,wood,wool,and yarn; P. Research, de4elopment and iesting of a per-
H. Manufacmring, processing, tilending and mitted use; .
packaging ofthe following: Q. Restaurants and related eating establish-
1. Dairy products and by-products such as ments limited to serving a permitted use on the
milk;cream, cheese and butter, including the pro- same site;
cessing and botUing of iluid milk and cream, R. Retail and wtiolesale vade of products man-
2. Drugs, pharmaceuticals, toilevies, and ufactured,processed or assembled on-site;
.. cosmetics, S. Wazehousing and distribution facilities, to
3. Food and kindred products limited to include wholesale vade not open to the general
activities_such as confectionery products, tiakery public. This includes motor freight transportation ,
products, and beverages bottling, as an incidental use but specifically excludes motor
4. Soaps, detergents, and other household freight vansportation as the principal use of the
cleaners from previously prepazed natural materi- propeny;
als and not involving the use of liquid bleach, liq- T. On-site daycare serving specified permitted '
uid chlorine, liquid ammonia, or caustics; uses; •
I. Manufacturing, processing, treating, assem- U. On-sire recreational facilities serving speci-
bling and packaging of anicles, products or mer- fed permi[ted uses;
chandise from previously prepared ferrous, V. Other similar uses and accessory usgs and
' nonfertous or alloyed metals; buildings appurtenant to a principal use which the
J. Manufacmring establishments eogaged in planning director finds compatible with the princi-
electronic, automotive, aerospace, missile, air- pal permitted uses described in this chapter and
frame, or related manufacturing and assembly consistent with the purpose and intent of the M-I
activities, including precision machine shops pro- zone;
ducing par{s, accessories, assemblies, systems, W. Sexually oriented businesseras provided 'm
engines, major componen�s, and wfiole elecvonic Chapter 18.74 ACG. (Ord. 5835 § 5, 2004; Ord.
or elecvical devices, automobiles, aircraft, mis- 4910 § 1. 1.996; Ord. 4294 § 1(15), 1988; Ord.
siles,aerospace,or underwater vehicles,but specif- 4249 § I, 1987; Ord. 4229 § 2, 1987 J
ically excluding explosive fuels and propellants;
K. Manufacturing, processing, assembling and 18.32.030 Uses requiring administrative
packaging of precision components and products, permits.
including precision shops for products such as The following uses and activities in an M-1 dis-
radio and television equipment, business machine vict may be.pertnitted by means of an administra-
equipment, home appliances, scientific, optical, tive permit, issued in accord wit6 ACC
medical, den�al, and drafiing inswments, photo- 18.64.020(B), if the development plan of such use
graphic and optical goods,phonograph records and is found by the planning d'uecfor to be consistent
other recording media, measurement and control with the purpose of the zone and the related poli-
cies of the comprehensive plan:
18-41 (Re�sed i�roa)
18.32.040
A. Auc[ion houses, exduding animals; is not located ro the rear of the property or abuts a
B. Automobile service station; streer,
C. Auromobile service and repair; I. Radio and television vansmitting towers;
D. Automobile washes: J. Shopping centers, must involve a minimum
E. Banks and financial instiiutions; of 250,000 squaze feet of floor area;
F. Convenience grocery stores; K. Utiliry substations, unless clearly incidental
G. Daycare, including mini dzycare center, and part of a permined use. Then the sbbstation
daycare centers, preschools or nursen- schools; shall be permitted outright;
H. Delicatessens and restauranis: L. \�1'arehouse sales. open to the public. must
]. Eguipmeni renial and leasing: have a minimum of 50,000 square feet of floor
l. Health and physical finess clubs; area;
K. Horticultural ndiseries; M. Religious institations,(o be located in exist-
L. Mini-storage warehouses; ing facilities only;
M. Outside storage or other outside uses that N. Work release, prerelease or similaz faciliqes
are supplemental to a permitted use; limited to 30 offering alternatives to imprisonment under the
percent of the Ooor area of�he associated building supervision of a court, state or local government
. provided storage is located io the rear of the prop- agency, and meeting the standards established
erty and does not abut on a sireet and is separated under ACC 18.48.090;
by another use such as a building or parking lot; O. Secure community transition facilities meet-
N. Personal service shops; ing the standards established under ACC 18.48.15U
O. Professional offices, including corporate and Chapter 71.09 RCW. (Ord. 5835 § 6, 2004;
fieadquarters; Ord. 5690 § 1, 2002; Ord. 4910 § 1, 1996; Ord.
P. Retail sales of tlie fol]owing and similar 4590 § 6 (Ezh. E), 1992; Ord. 4304 § 1(17), 198$;
related products: Ord. 4229 § 2, 1987.)
1. Computers,
2. Farm and garden supplies, 18.32.050 Development standards.
3. Hardware, including electrical, heating, Development standards in an M-1 disvict are as
plbmbing, glass, paint. wallpaper, and related follows:
--goods.— -- - - - — — -—- -----� --- -A_ Minimum lorarea: none requ'ved:
4. Lumber and building materials, B. Minimum lot width: none required;
S. Office supplies and equipmem; C. Minimum lot depth: none requ'ved;
Q. Reupholsrery and fumimre repair; D. Maximum lot coverage: none reguired; �
R. Secre{aria] services; E. Maximum building height: 45 feeL Swc-
S, Small appliance repair.(Ord,4910§ l, 1996; [uies may excead.45 feet if one additional foot of
Ord. 4304 § 1(16), 1988;Ord. 4229 § 2, 1987.) setback is provided for each foot the swcture
exceeds 45 feet;
18.32.040 Uses requiring conditional use F. Minimum yard setbacks:
permiL 1. Front: 20 feet,
The following uses may be permitted when a 2. Side, interior: none required,
' conditional use permit has been issued pursuant to 3. Side, street:20 feet,
the provisions of Chapter 18.64 ACC: 4. Rear: none reqoired;
A. Automobile sales new and/or used io include An additiooal 30 feet of setback .shall be
passenger wcks and recreational 4ehicles; required (or any and each yard that abuts, adjoins,
B. Automobile and truck rental; or is .separated, by a street less than 50 feet in
C. Commercial recreation, including animal width, from any residentially zoned property. This
race tracks; additiona] setback requirement also applies to resi-
D. Heliports; dentially zoned propeny that is bnincorporated
E. Heavy equipment sales, limited to new counry land;
equipmen[ with used equipment being a secondary G. Fences and hedges: see Chapter 18.48 ACC;
use; H. Parking: see Chapter 18.52 ACC;
F: Government facilities; 1. Landscapingi see Chapter 18.50 ACC;
G. Motels; ]. Signs: see Chapter 18.56 ACC;.
H. Outside storage or other outside uses that aze K. Performance standards: see Chapter 1838
supplemental to a permined use, limited to 50 per- ACC. (Ord. 4910 § 1, 1996; Ord. 4304 § 1Q9),
cent of the floor area of tlie associated building or 1988; Ord.4229 § 2, 1987.)
�Re�sed itroe) IS-42
Aubum City Code 18.34 020
18.32A60 Supplemental development Chapter 18.34
standards.
Supplemental development.s[andards in an M-1 M-2 HEAVY INDUSTRIAL DISTRICT i
district are as fo]]ows:
A. All activities shall be conducted entirely Sections:
within a building eiccept as follows: 18.34.010 lntent. ,
1. Outdoor storage permi{ted outrigtit or 18.34.020 Permined uses.
through an administrative or condi�ional use per- 18.34.030 Uses requiring administrati�e permi�s.
mit; pro��ided. ihat appropnate landscaping and 18.34.040 Uses requiring a conditional use
other buffering measuies shall be required in order permit.
to ensure ihat potential visual, noise, odor, dost, 1834.050 Development standards.
and otNer rela[ed impacts aze contained within the 1834.060 Supplemental development.standards.
site. Screening and buffering measures may
include but not belimited to: landscaping, berms, 18.34.010 Inlent.
fencing, walls, additional setbacks, limitation on M-2 heavy industrial zones are intended to pro-
height of stored materials, and the location of the vide for general manufacturing and processing and
storage area with regard to visibility from adjoin- grouping of industrial enterprises which possess
ing sveets and impact on adjoining properties; common or similar characteristics and perfor-
2. Gasoline pumps; mance standazds involving manufacmring, assem-
3. Refuse containers, provided ttiey are bling, f9brica[ion and processing,bulk handling of
screened from adjoining prpperty and pqblic or pri- products, large amounts of storage and wazehous-
vate right-of-way; � ing, outdoor srorage, processing and other related
d. Horticulture activities; uses that cannot meet the development siandards of
5. Those uses listed as conditional or admin- the M-1 zone.
isvative use permits which require some outdoor While other uses may be sited within this zone,
_ _ activity or display. permits for such uses should norbe issued if such
B. All odors, noise, vibrations, heat, glare, or uses will discourage use of adjacent sites for heavy
other emissions are convolled within the confines industry, intemipt the continuity of industriaLsites,
of a liuilding unless specifically permitted else- or produce traffic in conflict with`the industria]
where by this title. uses. (Ord. 4910 § l, 1996; Ord. 4662 § 2, 1994;
C. No highly combustible,ezplosive or hazard- Ord. 4229 § 2, 1987.)
ous materials aie permitted,unle3s clearly inciden-
tal and secondazy to a pertnitied use. 18.34.020 Permitted uses.
D. Loading and unloading docks that have Hereafter all boildings, swcmres, or pazcels of
frontage on a sveet shall be required to provide an land in an M-2 disvict shal] only be used for the
additional ]0-foot width of Type III landscaping following, unless othenvise provided for in this
or,in lieu of tFie additional ]0-foot wid[h,a Type II title:
landscaping may be provided. ' A. Alcoholic beverage processing, distilling
E. No on-site hazardods sbbstance processing and fermenting;
and handling, or hazardous waste treavnent and B. Basic wood processing including sawmills,
storege facilities, shall be permitted, unless clearly planing mills, 4eneeriug and laminaung of wood;
incidental and secondary to a permitted use. On- C. Building movers;
site hazardous waste trea[ment and storage facili- D. Caretakers quarters, not more than one per
ties shall be subject to the state siting criteria establishmenr,
(Chapier 70.105 RCW).(Ord,4910§ 1, 1996;Ord. E. Commercial laundries;
4304 § I(18), 1988: Ord. 4294 § 3, ]988; Ord. F. Cold storage p(ants;
4229 § 2, 1987.) G. Contracror vade services including storage
yards:
• H. Eating establishments limited to serving a `
permi[ted use on same site;
I. Enameling, galvanizing and elecVOplaling;
]. Equipment repair and storage;
K. Heavy equipment and wck repair,
L. Household movers and storage;
M. ]anitorial services;
�g-4�.1 (Revised 11/04)
18:34.030
N. Job vaining and vocational education; 3. Dairy products and by-products such as
O. Lumber yards; milk, cream,.cheese and buQer, including the pro-
P. Manufacturing, assembling and packaging cessing and bottling of fluid milk, and cream and
of articles, products, or merchandise from previ- wholesale distribution;
ously prepared namral or synthetic materials. V. Manufacmring, assembling, packaging and
including but not lirriited to brisAes, canvas, cello- development of computer equipment and software,
phane, and similar syntheiics, chalk, clay (pul.-er- and related products: �
ized only, with gas or electric kilns). cloth. cork. W. Motor freight terminals and transponaiion:
feathers, felt. fiber. fur. elass (including glass fin� X. Outside stora�e ��ards:
ishing), graphite, hair, hom, leather, paper, paraf- Y. Offices relaied �o an on-site permiued use or
fin, plastic and resins, precious or semi-precious larger �han 50,000 square fee� of floor area;
metals or stones, putty, pumice, rubber, shell, tex- Z. Printing, publishing, and allied industries
tiles,tobacco, wire, wood, wool, and yam; including such processes as lithography, etching,
Q. Manufacturing establishments engaged in engraving, binding, blueprinting, photocopying, •
elecVOnic, automotive, aerbspace, missile, air- and film processing;
frame, or related manufacturing and assembly AA. Reseazch, development and testing of a
activities, including precision macfiine shops pro- permitted use;
ducing parts, accessories, assemblies, systems, BB. Retail and wholesale qade of products
eugines, major components, and wh:ole electronic manufacmred,processed or assembled on-site;
or electrical devices, automobiles; aircraft, mis- CC. Wazehousing and disvibu[ion facilities, ro
siles, aerospace or underwater vehides,bui specif- include wholesale Vade not open to general public;
ically excluding explosive fuels and propellants; DD. Other similar uses and accessory uses and
R. Manufacturing, processing, assembling and buildings appurtenant to a principal nse which the
packaging of precision components and products, planning director finds compatible with the princi-
including precision machine shops for products pal permitted uses described in this chapter and
sbch as radio and television equipment, business consistent with the purpose and intent of the M-2
. machine equipment, home appliances, scientific, zone;
optical, medical, dental, and drafring instruments, EE. On-site daycare serving a specifed permit-
photographic and optical goods, phonograpfiic ted use; � —
records and prerecorded audio-visual tape, mea- FF. On-site recreational facilities serving a
surement and convol devices, sound equipment specified permitted use;
and supplies,personal accessories, and products of GG. Sexually oriented businesses as provided
similar character; in Chapter 18.74 ACC. (Ord. 5835 § 7, 2004; Ord.
S. Manufacturing, processing,,veating, assem- 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4304 §
bling and packaging of anicles, products or mer- 1(20)–(23). 1988; Ord. 4229 § 2, 1987.)
chandise from previously prepared ferrous,
nonferrous or alloyed metals; 1834.030 Uses requiring administrative
T. Mandfacturing, processing, blending and permits.
packagiug of products such as the following: The following uses and activities in an M-2 dis-
1. Soaps, detergents and other basic clean- vict may be permitted by means of an administra-
ing and cleansing materials, tive permit, issued in accord with ACC 18.64.020
2. Mineral products such as abrasives, (B),if the development plan of such use is found by
asbestos;chalk,pumice,etc., the planning director to be consistent with the pur-
3. Clay and cement products such as brick, pose of the zone and'the related policies of the
tile, pipe, etc.; comprehensive plan:
U. Manufacturing, processing, blending and A. Auction houses, excluding animals;
packaging of the following: B. Automobile service station;
l. Drugs, pharmaceuticals, toiletries, and C. Aotomobile service and repair;
cosmetics, D. Automobile washes;
2. Food and kindred produets, such as con- E. Banks and financial institutions;
tecUOners products, chxolate, cereal breakfast F. Convenience grocery stores;
food, bakery products, paste products, fruits and G. Delicatessens;
vegetables, beJerages, prepared food specialties H. Equipment rental and leasing and sales:
(such as coffee, dehydrated and instant food, I. Health and physical ftness clubs; -
extracts,spices and dressings)and similar products, J. Mini-storage warehouses;
(Rewsed ttroa) 18-42.2
Aubu�u City Code 18.34.050
-� R. Personal service shops; 2. Paving and roofing materials or other
L. Professional offices including corporate products from petroleum deriVatives; '
headquarters; N. Motelsl
M. Reupholsteiy and furnimre repair; O. Processing or pulping of wood or other
N. Restaurants; fibers;
O. Retail sales of the folloti�ing and similar P. Radio.and television transmit)ing towers:
related products: Q, Rock crushing plants:
1. Bouled �as. R. Refining of materials such as petroleum.
2. Compuiers. metals and ores. fats and oils:
3. Farm and garden supplies. S. Salvage yards for the storage of inetals.
4. Hardware and equipment, paper, glass, rags, building materials, and similar
5. Lumber and building materials; activities;
6. Office supplies; T. 7'averns;
P. $mall appliance repair; U. Utility substations, unless cleazly incidental
Q. Secreiarial services; and pan of a �rmitted use. Then the substatiop
R. Daycare, including mini daycare center, shall be permitted outright; �
daycare centers. presctiools or nursery schools. V. Wazehouse sales, open to the public. must
(Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. have a minimum of 50.000 square feet of floor -
4304 § 1(24)- (26), 1988; Ord. 4229 § 2, 1987.) space;
W. Solid waste processing facility;
1534.040 Uses requiring a conditional use X. Off-siie hazardous waste treatment and stor-
permiL age facilities sdbject to cortipliance with the state
The following uses may be permitted in.an M-2 siting criteria (Chapter 70.105 RCW);
district when a conditional ose pertnp tias been Y. Commercial recreation, including animal
issued pursuant �o the provisions of Chapter 18.64 racevacks;
ACC: Z. Secure communiry qansition facilities meet-
A. Animal auction houses; ing the standards established under ACC 18.48.150
—B.-Automobilesalesnew_and/or_used.to.include, and Chapter 71.09 RCW. (Ord. 5835 § B, 2004;
passenger wcks and recreational ��ehicles; Ord. 5690 § 2, 2002; Ord. 4910 § 1, 1996; Ord.
G. Automobile wrecking and salvage; 4662 § 2, 1994; Ord. 4294 § 4, 1988;Ord. 4262 §
D. Animal and food processing iricluding the 2, 1988:Ord. 4229 § 2, 1987.)
following:
1. Tanning and dressing of hides, . 18.34.050 Development standards.
2. Rendering of animal or fish grease or tal- Development sfandards in an M-2 disuict are as
low, fol lows:
3. Animal slaughtering, A. Minimum lot area: none required;
4. Curing,canning,freezing,and processing B. Minimum lo[ wid[h: none required;
of ineat and seafood, C. Minimum lot depth: none requ'ved;
.. ._
5. Pickling and brine curing; D. Maximum lot coverage: none.reyuired;
E. Asphalt batch plants: E. Mazimum building height:45 feet.For those
F. Bulk storage or processing of oil, gas,pevo- sirucmres that ezceed 45 feet, one additional.foot
leum, bdtane, liquid pevoleum, gas and similar of.setback shall be provided for each foot the swc-
products, unless clearly incidental and secondary ture exceeds 45 feet;
ro support a principally permitted use; ' F. Minimum yard setbacks:
G. Bulk storage of explosives and fiieworks; l: Front:30 feet,
H. Concrete mixing and batching plants, 2. Side, interior: none required,
including ready-mix concrete facilities; 3. 5ide, sveet: 30 feet,
I. Drive-in ttieaters; 4. Rear: none required.
]. Government facilities; An additional 30 feet of setback shall be
K. Heav.y metal processing,including blast fur- required for any and each yazd that abuts, adjoins,
naces,drop forges, and similar heavy metal opera- or is separated, by a sVeet less than 50 feet in
tions; width, from any residentially zoned property. This
L. Heliports; additional setback requirement also applies to resi-
M. Manufacture of: dentially zoned property that is dnincorporated
1. Aminunition and explosives, counry land:
IS-42.3 (ae�sea t�roa)
18.34.050
G. Fences and hedges:-.see Chapter 18.48 ACC;
H. Parking: see Chapter 18.52 ACC;
I. Landscaping: see Chapter 18.50 ACC;
(Re�sed 17/O4) 18-42.4
Auburn Citv Code 18.36.020
J. Sienc see Chapter 18:56 ACC: Chapter 1836
K. Performance scandards': see Chapcer 18.58
ACC. (Ord. �910 § I, 1996: Ord. a66? ti 2. 1994: BP BUSINESS PARK DISTRICT
Ord. 4304 § I('7). 1988: Ord. 4239 § 3. 1987.) .
� Sections:
18.34.060 Supplemental de.elopment 1836.010 lntent.
standards. 1836.020 Process.
No on-si�z hai�rdou> sub>uincr proce��ino �nd 18.36.030 Permiued use>.
handling, or h�zardous �±a�ie ireaiment and sioraee 18.36.040 Appiicaiion. �
facilities. �h�ll be permiued. unle.s clzarly inci- 18.36A50 De�zlopment s�andards.
dental and secondary to a pertniued use. On-site 18.36.060 Supplemenialdevelopmentstandards.
hazardous waste treacment and storaee facili�ies 1836.070 Time limit.
shall be subject to the state siting cnteria (Chapter
70.105 RCW). (Ord. 4910 § l, 1996: Ord. 4662 § 18:36.010 Intent.
2, 1994: Ord. 4294 §3. 1988.) The purpose o( the BP district is to respond to
modern trends in business park development by,
providing a suitable area for industrial, profes-
sional office,service and commercial uses within a
planned, well managed site with high quality
development standa�ds.
' It is also the intent of this district to allow flexi- I
' . bility with regard to development standards and
uses if the flexibility results in an a[mosphere of
superior architectural, site and landscape design.
'Ihis district may be applied [o any site wi)hin
' the ciry designa)ed as"region serving" in the com-
prehensive plan, which is zoned commercial or
industrial. In addition, the comprehensive plan
idenu ies speciic ocauons apprdpriate for busi-
ness park development. (Ord. 4229 § Z, 1987.)
18.36.020 Process.
. "fhe approval process for business parks is in
two steps. The firs[ step in the conceptual approval
of the business park, by the hearing examiner and
ciry council, [his step also approves the rezone.to
the business park disirict. The second step is the
approval of the site plan by the planning direcror.
A. Concepmal Approval.
I. Conceptual appro4al of a business park
shall be applizd by the rezone process as specified
,_� in.ACC 18.68.030(B)(I)(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 owneddeveloper.
2. A BP district shall only be approved
when the owner/developer has demonstrated that a
public b:eneft will result and tHe project contains
architecmral, site, and landscape design siandards
that are significantly superior to those typically
required in the o[her industrial and commercial
zones.
3. No significant impacts on the public
18-43 lAevisetl ire91
I8:36.030
infrastructure sfiall occur that cannot be effectively g. Location and size of all existine utili-
mitiga[ed by [he developriment of the bu,iness park. ties,
4. If [he approval of the busine+s park h. General loca[ion o(uses.
requires a subdivision of property. the preliminary i. Existing ownership pattem,
pla[ may be'processed concurrently. j. The siie plan shall be properly dimen-
B. Site Plan Appro��al. sioned and drawn at a scale not less than one inch
I. The siie plan o( a bu.iness park shall be equals 40 feet and on a sheet size 24 6y 36 inches. '
approved by thz pl�nning directar. more sheets may be u�ed if necessary. A reproduc-
3. From ihe date o( (iline a complrie apPli- ible and seven copie� of ihe :ite plan ,hnll be sub-
cation the plannin� direcior sh�ll H iihin �0 c�lrn- mined ai ihe iime o( applicoiion. An ohernative
da� days zitFier approve, deny, or �pprooe with �cale may be approved by the planning director.
conditions the site plan. The decision of the direc- B. Site Plan App"roval. An application shall be .
tor shall be final unless appealed [o ihe hearing required for site plan appr'oval of a business park
examinerpursuant to ACC 18J0.050. and shall include the Following:
3. The ciry attomey shall prepare the neces- I. The ordinance and contract of the con- .
sary documents. approving the site plan, which cepmal approval:
shall be recorded at the appropria�e King County 2. A site plan which shall illustrate the fol- .
office, for properties located in King County: or lowing:
recorded at the appropnare Pierce coumy office for a. Viciniry map,
properties located in Pierce Counry. (Ord. 5170 § b. Boundaries and dimensions of park,
I, 1998: Ord. 4229 § 2. 1987.)� c. If partial approval, illustrace the pra
� posal wi[hin the boundaries of the park, _
18.36.030 Permitted uses. d. Illustraie previous site plan approvals
Only those uses specifically authorized in the that may have occurred wiihin the park.
contract rezone, as approved by the hearing exam- e. Acreage of proposal. _
iner and ciry council, may be permitted in ttiis f. Layout of interior streets.
zone. Any of[he uses listed as,permined, adminis- g. Adjacent public streets,
trative,and conditional in the M-I distnct.Chapter h. Easements, existing and proposed.
�$-32 ACC-and-those uses-listed as permitted-in----=i-L-ocation-and-size-of-a�l-existing and - — '
the C-3 disfrict, Chapter 18.30 ACC, may be those proposed utili[ies,
uses as being pertni[ted in this zone. This however . j. Typical street cross section,
shall not allow outdoor activities such as storage, k. Location of uses.
fabrication, or sales, unlessspeciFically auihorized I. Location of buildings and structures,
- � as part of the con[ract rezone. The heanng exam- both ezisting and proposed, including setbacks.
iner and city council may establish any procedural m. Location and layout of off-street
or substaniive conditions on any such use as may parking, loading and unloading areas,
be appropriate for the ,ite. (Ord..4229 § 2. 1987.) n. Location of walls and fences, indica-
tion of their heigh[and materials.
18.36.040 Application. o. Location of any storage areu or refuse
A. Concepmal Approval. An application shall containers,
be required for conceptual approval. of a business p. Location and size of signs,
park and shall include the following: q. Landscaping plan,
1. Siandard reione application; :` r. Indication of height of buildings,
2. List of uses: s. Proposed architecwral treatment of
3. Covtnants and restrictions; large expanse of walls.
4. A site plan to illustrate the following: t. Any covenants not previously .
a. Viciniry map, approved,
b. Boundaries and dimensions of pro- u. The site plan shall be properly dimen-
posed park, sioned and drawn at a scale not less than one inch
c. Acreage of park-, equals 40 feet and on a sheet size 24 by 36 inches.
d. Layout of interior streets. more sheets may be used if necessary. A reproduc-
e. Adjacent public streets, ible and seven copies of the site plan shall be sub-
f. Easements, existing, and if known, mitted at the time of application. An alternative
proposed. scale may be approved by the planning direcror.
. (Ord. 4229 § 2. 1987.)
('ReviSgtl 7/99) 1 g-�
Auburn City Code 18.36.070
18.36A50 Development standards. B. All odors, noise, 4ibrations, heat, glare. or
De��elopment siandards in a BP district are as o[her emissions are controlled within the confines
follows: of a building unless specifically permitted else-
A. Minimum area io be developed as a tiusiness where by this title: .
park: 10 acres: C. No outdoor testing of products;
B. �linimum lot area: none required: D. No highly combustible.explosioe or hazard-
C. �1inimum loi tvidih: none required: ous matenals are permitted, unless clearly inciden-
D. �linimum lo� depih nonz requfred: tal and secondary io ihe pertnitted use:
E. �1a.timum lo� co�rr�,�e: nonz required: E. Rooftop zquipment chall be set back a mini-
F. Dlaximum buildine height: 3� (eet. Addi- mum of 20 feet from the edee of the roof �nd be
iional hzigh} may be al lowed if approved by the painted the same color as the building on which the
hearing examiner and city council: equipment is located: or, screxn the equipment
G. Minimum Yard Seibacks. from adjoining uses or from strezt righo-of-way if
I. Exterior Propeny Lines: Setbacks from setback is less chan 20 feet;
itie extenor boundary line of ihe business park F. Loadin� and unloading docks [hat have
shall be comparable to or compatible with those of frontage on a street shall be required to provide an
existing development of adjacent propenies: or if additional 10-foot width of Type III landscaping or
adjacent propenies are undeveloped, [hz type of in lieu of the additional 10-foot width, a Type ❑
development which may re�sonably be ezpected landscaping may be provided;
on ,uch properties eiven the existing zonin� of G. Outdoor srorage may be restricted to che mar
such propenies or the projeciions of the compre- of the propeny and shall u a minimum be guided
hensive plan. In no even[ shall such setback be less by the screening and landscaping requirements of
than 20 feet. [he M-I zone;
2. Interior Propeny Linzs: The seibacks H. No on-site hazardous substance processine
within the business park may either be deiermined and handling, or hazardous waste treatment and
a[the time of conceptual or site plan approval; storage facilities shall be permitted, unless clearly
H. Fences and hedges: see Chapter 18.48 ACC: incidental and secondary to a permined use. On-
_ 1..3arking:.see_Chapter_I8.52 ACC� sire tiaza�dous waste treatment and storage facili-
J. Landscaping: see Chapter 18.50 ACC,a min- ties shall be subject to the state siting criteria
imum o( I S perczn[ of ihe business park shall be (Chapter 70.105 RCW). (Ord. 4304 § 1(28), 1988;
landscaped; Ord. 4294 § 3, 1988; Ord. 4229§'2, 1987.)
K. Signs: see Chapier 18.56 ACC:
L. Performance standards: see Chapter I 8.58 18.36.070 Time limit.
ACC: In order to effectively respond to the changing
M. Sidewalks and/or walkways: there may be ciFcumstances with regard to industrial land within
Flexibili�y in the design of,idewalks or walkways Auburn and on neightioring parcels of the 6usiness
if approyed by the ciry engineec (Ord. 4229 § 2, park, and to be consistent with evolving develop-
1987,� ment standards, the following time limit shall
apply:
18.36A60 Supplemental development A. Each five years, from the approval date of
standards. the contract o4 each business park, the hearing
Supplemental developmen[ standar�s in a BP examineYshallreviewthecontractofeachbusiness
disirict are as follows: • . . park in which construction has not been completed.
A. All activities shall be conducted entirely The hearing examiner shall detertnine wliether[he
within a bLilding except as follows: business park is still a viable proposal by reviewing
I. Gas pumps, whether the applicant is still pursuing the project,
2. Refuse containers, provided they are or there are contlicts in the execution of the con-
screened from adjoining property and public or pri- tract, and shall recommend to the city council to
vate rigFit-of-way, either extend. amend or void the comract.
3. Honiculiure activiiies. If a con[ract is voided, the BP zone itself may
4. Play areas for daycare, remain but further construction shall only be autho-
5. Outdoor ac[ivities as pertni[[ed by the rized by the execbtion of a oew contract..
contract rezone: If a contract is voided, �he hearing examiner
must find reason for the BP zone to remain on that
portion of the business park [hat has not been con-
- 1 g-a4.1 (Aevi50d 7/99)
18.36.070
swcted. If no reason is found to cantinue the BP
zone, [hen cht heanns examiner shall conduct a
public heanng io rezone the parcel back eo che zone
on tfie property pnor to the BP zonz. (Ord. 4229 §
2. 1987.)
---- i _
(Rewsetl.7/99) 18-4Q.2
Auburn City Code 18.38.040
Chapter 18.38 A. The cr8ation or establishment of an airport
hazazd is a pbblic nuisance and an injury to the
LF AIRPORT LANDING FIELD DISTRICTl regon served by the municipal airport;
B. It is necessary in the interest of the public
Sections: health, public safety and general welfare that the
18:38.0]0 Intent. ereation or establishment of aicport hazards be pre-
18.38.020 Permitted uses. 4enled; and
1838.030 Resincied uses. C. The prevention of these hazards should be
18.38.Oa0 Zone� esiablished tenerally. accomplished.�o t6e extent legally possible,by the
18.38.050 Approach zone. exercise of the police power without compensa-
1838.060 "Transitional zone. tion. It is further declazed thaz both the prevention
1838.070 Horizontal zone. or the creation or establishment of aicport hazards
18.38.080 Conical zone. and the elimination,removal,alteration,mitigation
1838.085 Obstacle free area. or marking and lighting of existing airport haiazds
1838.090 Height limitauons-Generally. are public purposes for which political subdivi-
18.38.100 Height limitations -Noninstrument sions may raise and ezpend pablic funds and
approach zone. acquire land or interests in land. (Ord. 5026 § 1,
1838.110 Height limitations -Transition zones. 1997; Ord. 4229 § 2, 1987J
1838.120 Height limitations -Horiionta] iones.
1838.130 Height limitations -Conica] zones. 18:38.020 Permitted uses.
1838.140 Nonconforming swcmres and trees- Hereafter all buildings, swetures, orparcels of
Continuacion allowed when. land shall only be used for the following, unkss
1838.150 Nonconforming strvcmres and trees- otherwise provided for in this title:
Marking and ]ighting. A. Landing, taking off and flying of aircraft,
1838.160 Swcture and bse permits. excluding ulvalights as defined by ACC 836.010;
18:38.170 Nonconforming structuies or vees- B. Businesses incidental to and necessary or
Alteration. convenient for aitport operations, including
1838.180 Nonconforming structures or trees- offices, eating establishments, restrooms, hangazs;
- -- - -- - Abandoned ordesvoyed-Rermit----_._______shops for_light repairs,$asoline_and oil_sales_and
prohibited. accessory s[rucmres therefor;
1838.190 Requirements for variances. C. Other uses as determined by the hearing
1838.200 Variance-Grant conditions. examiner to be related to operauon and use of the
]838.210 Decision appeals-Generally. airport.(Ord.5026§ 1 r 1997;Ord.4229§2, 1987:)
18.38.220 Conflicting regula[ions.
1838.230 Enforcement. 18:38.030 Restricted uses.
1838.240 Violation-Penalry. Restricted uses shall be as follows: no use may
1838.250 Development standards. be made of land within any airpoa zone in such a
manner as to create elechical interference with
18.38A10 Intent. radio communication between tHe airpoR and air- .
The interit of this chap[er is [o provide for the craft,making it difficult foi fliers using the airport,
operation and management of the Aubum Munici- impair visibility in the vicinity thereof, or other
pal Airport. It is fodnd ttiat an ai_rpor[ hazard wise endanger the landing,taking off or maneuver-
endangers the lives and property of users of the ing of airoraft. (Ord. 5026 § 1, 1997; Ord. 4229 §.
municipal airport and of occupants of land or prop- 2, 1987.)
erty in i[s vicinity, and also, if of the obsvi�ction
rype,in effect reduces the size of the area available 18:38.040 Zones eslablished generally. _
for the landing, taking off and maneuvering of air- In order to carry out the provisions of this chap-
crafr,thus tending�o destroy or impair the utility of ter, there aze created and estabGshed certain zones
the municipal airport and tFie Public investment which include all of the land lying witfiin the non-
therein. Accordingly, it is declared thar. instrument approach zone, transition zone, hori-
zontal zone, conical zone and obstacle free areas,
Such areas and zones aze shown on ttie "Ciry of
Auburn Municipal Airport Master Plan Update,
l. For provisions on the airpor� zoning commission, see Ch. 1993-2013, dated Feb[vary 1995, and Federal Air
2.39 nCC. Regolations (FAR) Part 77 as amended;which is
1$_q5 (Revised t/98)
18.38.050
on file in the city clerk's o(fice. The 4arious zones The obstacle free area(OFA)must be kept clear of
are established and defined as follows in ACC any structures, (encing, landscaping, pazking, or
1838.050 through 1838.085. (Ord. 5026 § 1, vehiculaz circulation not direcUy ielated to aireraft
1997; Ord. 4229 § 2, 1987.) operations at the Aubum Municipal Airpott (Ord.
5026 § 1, 1997.)
18.38.050 Approach zone.
A noninstrument approach surface is established ]8.38.090 Height limitations–Generally.
at each end of all noninstrument runways for land- Except as otherwise provided in this chapter,no
ings and takeoffs. The inner widih of ihe approach siructure or�ree shall be erected,altered,allowed lo
surface is 250 feei at a disiance of 200 feei beyond grow or maintained in any zone created in this
the physical end of the runway,and it expands uni- chapter to a height in excess of [he height limit
formly to a width of 1;250 feet. Thisapproach sur- established in ACC 1838.100 through 18.38.130
face extends for a horizontal distance of 5,000 fee[ for such ione. (Ord. 5026 § 1, ]997;Ord.4229 §2,
at a slope of twenry to one (20:]). 7'he elevation oF 1987.)
the innar width of the approach sudace is the same '
as the elevauon of the nearest point on the runway 18:38.]00 Height limitations–NoninsWment
centerline. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, approach zone.
1987.) The ' height ]imitations for noninsWment
approach surfaces begin at a point 200 feet from
18.38.060 Transitional ione. and at the centerline ele4ation of the end of the run-
The traqsitional surface extends outward and way and extend for a horizontal distapce of 5,000
upward at right angles to the runway centerline and feet at a slope of twenty to one (20:1). (Ord. 5026
the runway centerline extends at a slope of seven to , § I, 1997; Ord. 4229 § 2, 1987.)
one(7:I)from a line 125 feet from the runway cen-
terline or runway end and from the sides of the 18.38.110 Height limitations–Transition
approach surfaces. The elevation of the line 125 zones.
fee[ from the runway centerline or runway center- The height limitations foi transition zones shall
line extended for 200 feet beyond each runway end be as follows: One foot in height for each seven
—is-theseme as the elevation of the nearest poinron i--feerin-horizontai-distance-beginning ar�y-poinr-----
the runway centerline. (Ord. 5026 § ], 1997; Ord. ]25 feet normal to and at the elevation of the cen-
4229 § 2, 1987.) � iedine of noninswment runways, extending 200
fee[beyond each end ihereof,extending to a height
18.38.070 Horizontal zone. of I50 feet above the airport elevation which is 59
A horizontal surface is established above the air- , feet above mean sea le4el. In addition to the fore-
port. This h_orizontal surface is a plane 150 feet going, there aze established height limits of one
abo4e the established airport elevation, the perim- foot vertical height for each seven feet horizontal
eter of which is constructed by swinging ares 5,000 � distance measured from the edges of all approach
feet in a radius from the center of each end of the . zones for the entire length, of the approach zones
primary surface of the runway and connecting the and extending upward and outward to the points
adjacent ares by lines tangent to those arcs. T'he where they intersect the horizontal or conical sur-
primary surface is longimdinally centered on the faces. (Ord. 5026 § l, 1997; Ord. 4229 § 2, 1987.)
nmway with a width of 250 feet and extends 200
feet beyond each end of the runway. (Ord. 5026 § 18;38.120 Height limitations–Horizontal
1, 1997; Ord. 4229 § 2, 1987.) zones.
' Ttie height limitauon for a horizontal zone shall
18:38.080 Conical zone. be as follows: 150 feet above the airport elevation
A conical surface is established which extends or a height of 209 feet above mean sea level.(Ord.
outward and upward from the periphery of the hor- 5026 § ], 1997; Ord. 4229 § 2, 1987.)
izontal surFace at a slope of twenty to one(20_])(or
a horizonta] distance of 4,000 feet. (Ord. 5026 § 1, 18.38.130 Height limilations–Coniral zone5.
1997; Ord. 4229 § 2, 1987.) The conical surface in4olves a slope of twenty to
one (20:1) for a horizontal distance of 4,000 feet.
18.38.085 Obstacle free area. 7'he relative difference in elevation between the
An area extending 250 feet either side of the innerand outer edge of the conical surFace is 200
runway and 600 feet off either end of the runway. feet.The elevation of the outer edge of the conical
(Revised 1/9B) 15-46
Auburn Ciry Code 18.38.200
surface is 300 feet aboJe the established airport ele- the height limit prescribed for such noninswment
vation. (Ord. 5026 § 1, 1997;Ord.4229 � 2, 1987.) approach zone.
C. The transitional surface does not extend
18.38.140 Nonconforming structures and trees beyond'the perimeter of the horizontal surface.
— Continuation allowed when. (Ord. 5026§ l, 1997; Ord,4229§ 2, 1987.)
The regulations prescribed by this chapter shall �
not be construed to requi�e the removal; lowering 18.38.170 Nonconforming structures or trees—
or other change or alteration of any sttucture or tree AI)eration.
not conforming to the regulations as of 1�9arch 22, A. Before any nonconformmg strucwre or tree
1969, or otherwise interfere with the continuance may be replaced, substantially altered or repaired,
ot any nonconforming use. (Ord. 5026 § 1, 1997; rebuilt, allowed to grow higher or replanted,a per-
Ord.4229 § 2> 1987.) mit must be secured from the airport manager and,
if applicable,tNe building official.
1838.150 Nanconforming structures and trees B. No permit shall be granted that would allow
— Marking and lighting. the establishment or creation of an airport hazard
Notwithstanding the provisions of ACC or permit a nonconforming use,structure oi vee to .
18.38.140, the owner of any nonconforming struc- be roade or become higher, or become a greater
ture or tree is required to permit the installation, hazard to air navigation, than it was on March 22,
operation and maintenance thereon of such mark- 1969,or than it is when the application for a permit
ers and lights as aze deemed necessary by the air- is made. Except as indicated, all applications for
port manager to indicate to the operators of aircraft such a permit shall be granted. (Ord. 5026 § l,
in the vicinity of the airport the presence of such 1997;Ord. 4229 § 2, 1987.)
aucraft hazards. Sucb markers and lights shall be
installed and operated and maintained by the ciry. 18.38.180 Nonconforming structures or trees—
(Ord..5026 § 1, 1997; OFd.4229 § 2, 1987.) Abandoned or destroyed—Permit
prohibited.
1838.160 Structure and use permits. Whenever the airport manager determines that a
_ Except as specifically provided in subsections A, nonconforming structure or tree has been aban- ,
B and C of this section,no material change shall be doned-ormore than 80 percent tom down, physi--- --
made in the use of land and no structure or tree shall cally deteriorated or decayed, no permit shall be
be erected,altered,planted or otherwise established granted that would allow such structure or tree to
in any zone created by this chapter unless a permit ezceed the applicable height limit ot otherwise
has been applied for and granted by the building deJiate from the zoning regulations. (Ord 5026 §
department of the city. Each application for a per- 1, 1997;Ord.4229 § 2, 1987.)
mit shall indicate the purpose for which the permit
is desired, with sufficient information to permit it 18.38.190 Requirements for variances.
to be determined whether ttie resulting use, swc- Any person desiring to erect or increase the
ture or tree would conform to the regulations height of any structure,or permit the growth of any
therein prescribed. lf such determination is in the tree,or use his properry,not in accordance with the
affirmative, the permit shall be granted. regulations prescribed in this chapter,may apply to
p. In the area,lying within the limits of the hor- the hearing examiner for a variance from such reg-
izontal zbne and the conical zone, no permit shall ulation. Such variances shall be allowed where it is
be required for any tree or swcture less than 75 feet duly found that a literal application or enforcement
of vertical height above the ground, except when of the regulation should result in practical diff-
because ofterrain,land contourortopographic fea- culry or unnecessary hazdship and t6e relief
tures such tree or structure would extend above the granted would not be contrary to the public interest
height limits prescribed for such zone. but will do sabstantial justice and be in accordance
B. In the area lying within the limits of lhe non- with the spirit of this ctiapter.(Ord.5026§ 1, 1997;
instrument approach surface but at a horizontal dis- Ord. 4229 § 2, 1987.)
tance of not less than 5,000 feet from a point 200
feet from each end of the nuiway, no permit shall 1838.200 Variance—Grant condiHons.
be required for any tree or swcture less than 75 Any variance granted may, if such action is
feet of vertical height above the ground, except deemed advisable to effectuate the purpose ofthis
when such trees or strfxtures would extend above chapter and is reasonable in the circumstances, be
so conditioned as to require the owner of the struc-
18-07 (Re4ised 3104)
1838.210
ture or vee requesting a variance to install,operate J. Signs: see Chapter 18.56 ACC. (Ord..5777
and maintain at his own expense such markers and § I, 2003; Ord. 5026 § 1, 1997; Ord. 4229 § 2,
lights as may be necessary to indicate to lliers the 1987.)
presence of an airport hazard. (Ord. 5026 § 1,
1997; Ord. 4229 § 2, 1987.)
1838.210 Decision appeals-Generally.
Any person aggrieved;or any taxpayer affected,
by any decision of the city made fn i)s administra-
tion ofttiis chapter may appeal to the hearing ezam-
iner. (Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
]8.38.220 Conllicting regulations.
Where there exis}s a conflict between any of the
regulations or limitations prescribed in iliis cHapter
and any other regulations applicable to the same
area, whether the conflict is with respect to the
height of strucmres or trees, the use of land, or any
other matter, the more stringent limitation or
requirement shall govern and pieOaiL (Ord. 5026 §
l, 1997;Ord.4229 § 2, 1987.)
18.38.230 Enforcement
It shall be the duty of the airport manager and
building officia]to administer and enforce the reg-
ulations prescribed in Uris chapter. (Ord. 5026 § 1,
1997; Ord. 4229 § 2, 1987.)
_ on—Penalty.--- _- - i-- -- - -
---------..._ --- - -
- - - �o au - _ .
Each 4iolation of lhis chapter or of any regula-
tion,order or ruling promulgated under this chapter
constitutes a misdemeanor and is punishable as
provided in ACC 1.24.010. Each day a violation
continues to exist constitutes a separate offense.
(Ord. 5026 § 1, 1997; Ord.4239 § 2, 1987.)
1838.250 Development standarda.
Development standards in a LF district are as
follows:
A. Minimum lot area: none requued;
B. Minimum lot width: none required;
C. Minimum ]ot depth:none required;
D. Maximum lot coverage: none re.quired;
E; Mazimuru building height:45 feet,except as
restricted elsewhere by this chapter;
F. Minimum yard setbacks:
I. Front: 20 feet,
2. Side, interior. none required,
3. Side, street: IS feet,
4. Rear: none required;
G. Fences and hedges:see Chapter I 8.48 ACC;
H, Parking: see Chapter 18,52 ACC;
I. Landscaping: see Chapter 18.50 ACC;
(Revised 3/04) 15-48 �
Aubum City Code 18.40.040
Chapter 18.40 F. Maximum building height: 45 feer
G. Fences and hedges: see Chapter 18.48 ACC;
P-I PUBLIC USE D1STRICT H. Pazking: see Ch"apter 18.52 ACC;
1. Landscaping: see Chapter 18.50 ACC;
Sections: J. Signs: see Chapter I8.56 ACC. (Ord. 5777
18.40.010 Intent. § I., 2b03; Ord. 4229 § 2, 1987.) ,
18.40.020 Permitted uses.
]8.40.030 Uses requiring permit.
18.40.040 Developmem standards-
18.40.O10 Intent.
'I'he P-1 district is intended to provitle for the
appropriate location and development of public
uses that serve the cultural, educational, recre-
ational,and public service needs of t6e cominunity.
(Ord.4229 § 2, 1987.)
18.40.020 Permined uses.
Hereafter all buildings, strucnues or parcels of
land in a P-1 district shal] only be used for the fol-
lowing,unless othenvise provided for in this tiQe:
A. Govemment facilities;
B. Municipal pazks and playgrounds;
C. Public schools and related facilities;
D. Watenheds and related public utilities;
E. Other public uses Uiatt6e planning director
finds compatible with the intent of the P-I district.
_(Ord.4229 § 2,_l_987,)---__- - -_- _
18.40.030 Uses requiring permit.
The following uses may be permitted in a P-1
district when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64
ACC:
A. Projects tfiat exceed the lot coverage
requ'vements of the most restric}ive abuning zone;
B: Swctures that are allowed to exceed height
requvements pursuant to ACC 18.48.030. (Ord.
4229 § 2, 1987.)
18.40.040 Development standards.
Development standards in a P-I district arc as
follows:
A. Minimum lot area: none requued;
B. Minimum lot width: none required;
C. Minimum lot depth: none required;
D. Maximum lot coverage: none required;
E. Minimum yard setbacks:
1. Front:.20 feet,
2. Side, interior: five feet,
3. Side, street: ]0 feet,
4. Rear: 25 feet,
5. For any P-1 zbne that abuts R zoned prop-
erty,a minimum of a 30-foot building setback shall
aPP�Y:
1$-49 (Revised 3704)
18.42.010
Chapter 18.42 Chapter 18.44
UNC UNCLASSIFIED.USE DISTRICT 1 INSTITUTIONAL USE DISTRIC7
Sections: Sections:
18.42.010 Purpose of classification. 18.44.010 Intent.
18.42.020 Establistunent. 18.44.020 Perinitted uses.
I 8.44.030 Uses requiring permit.
18.42.010 Purpose of classification. 18.44.040 Area requiiements.
'Ihe purpose and objective of the UNC classifi- 18.44A50 Developmem standards.
cation is to regulate the use of land in generally 18.44.060 $upplemental de4elopment standards.
undeveloped areas or in areas not othenvise zoned
following annexation thereof to the city so as to 18.44.010 Inten4
preveqt the unconvolled intrusion of business, 'I'he instimUOnal use district is intended to pro-
industrial and similar uses which would be in con- vide an area wherein educational, governmental,
❑ict or incompatible with ezisting oi planned theological, recreational, cultural and other public
future land uses established by the comprehensive and qfiasi-public uses may be allowed to develop.
plan. (Ord. 4229 § 2, 1987.) It is further intended these azeas be significant in --- --- - =
scope which will allow a combination of uses
18.42.020 Establishment. which may not be permitted outright within other
Those aieas previously annexed to the ciry for zones. This disvict is not intended to include those
which no city zoning classification has been fixed smaller or singularpublic uses which are consistent.
or determined by ordinance aze zoned IJNC, with and permitted in other zones. (Ord. 4229 § 2,
unclassified use district. Unclassified zoned prop- 1987.)
erty shall assume the R-I standards for permitted
uses and development standards. (Ord. 4229 § 2, 18.44,020, Permined u3es.
1987.) Hereaftei all bdildings, swctures, or parcels of
]and in an I district shall only be used for the fol-
'- '- - —-—- --'--� ----lowing;unless otherwise provided for in this title:
A. Academic schools, including public, paro-
chial, and private, which ofTer instruction in se4-
eral branches of leaming. This excludes commer-
cial schools such as business, vocational or
technical as being the principal use;
B. Agricultural and associated uses, excluding �
livestock;
G. Campgrounds and recreational vehicle
parks;
D. Cemeteries;
E. Daycare limited to home based daycare,
mini daycare center,daycare center,and preschool
and nursery schools;
F. Govemment buildings and facilities;
G: Museums;
]-1: Nursing homes;
1. Parks,playgrounds, recr6ational facilities;
J.. Quasi-public buildings and uses of a recre-
ational, educational, religious, cultural, or public
service type, excluding establishments serying
alcbholic be"verages;
K. Religious institutions;
L. One detached single-family dwelling not to
exceed one single-family dwelling per lot;
M. Accessory uses to iesidential uses to include
residential garages,guest cottage,recreation room,
(Revised 3IOO) 15-50
i .
Auburn City Code 18.44.060
tool shed, noncommercial greenhouse and swim- 3. Other uses: 45 feet;
ming pool; H. Fences and hedges: see Chapter 18.48 ACC;
N. Keeping of not roore than four household 1. Parking: see Chapter 18.52 ACC;
pets.T7iis limit shall not include tiirds,fish or suck- 7. Landscaping: see Chapter 18.50 ACC;
ling young of pets. (Ord.4304 § 1(29),(30), 1988; K. $igns: see Chapter 18.56 ACC. (Ord. 5777
Ord. 4229 § 2, 1987.) § l, 2003; Ord. 4229 § 2, 1987.) ,
18.44.030 Uses requiring permit. 18.44.060 Supplemental de��elopment
The following uses may be permined in an ] dis- standards.
trict when a conditional use permit has been issued No on-si}e hazardous substance processing and
pursuant to the provisions of Chapter 18.64 ACC: handling,or hazardous waste treatment and storage
A. Category 1: Colleges and universities; facilities shal]be permitted,unless clearly inciden-
B. Category II:Category II uses must be owned tal and secondary to a permitted use. On-site haz-
and operated in conjunction with an outright per- ardous waste treatment and storage facilities shall
mitted use as listed in ACC 18.44.020: be subject to the state siting criteria (Chapter
1. Airport landing area, 70.105 RCW). (Ord.4294 § 3, 1988.)
2. Assembly/light manufacturing,
3. Establishmenu serving alcoholic bever-
ages,
4. Manufactured home pazks,
5. Multiple'family dwellings,
6. Retail sales and 'service,
7. Duplexes. (Ord.4528 §4 (Exh. B), 1991;
Ord.4229 § 2, 1987.)
18.44.040 Area requirements.
The minimum area,that may be developed as an
_ . ___institutional_u_se._district shall be one.acre._(Ord___
__ _.__.__..
4229 § 2, 1987.) �
18.44.050 Development standards.
Development standards in an I district aze as fol-
lows:
A. Minimum lot area: 6,000 square feet;
B. Minimum lot azea per dwelling unit: 6,000
square feet;
C. Minimum lot width: 60 feet;
D. Minimum lot depth: 80 feef;
E. Maximum lot coverage: 35 percenr,
F. Minirtium yard setbacks:
1. Front: 20 feet,
2. Side, interior: five feet,
3. Side, street: ]0 feet,
4. Rear: 25 feet,
5. Accessory structures to residential dwell-
ings shall meet all the required setbacks of the zone
with the exception that the reaz yard setback may
be reduced to five feet;provided,that any structure
with a vehicular entrance from a street (public or
private) or public alley shall be set back a mini-
mum of 20 feet;
G. Maximum building height:
1. Residential dwellings: 30 feet,
2. Accessory buildings to residential dwell-
ings: 16 feet,
15-51 (Re�see 3ioo)
18.45.010
Ghapter 18.45 LHCI -See Chapter 18.26 ACC
LHP1 - See Chapter 18.40 AGC
LEA HILL (LH) DISTRICT LHI- See Chapter 18.44 AGC
(Ord. 5342 § 2,2000.)
Sections:
18.45.010 Purpose. 18.45:030 Development standards.
18.45.020 Permitted uses. 'fhe development standazds and supplemental
18.45.030 Development standards. deoelopmem standards for those properties not
I8.45.040 Development standards - Lots co4ered tiy ACC ]8.45.040 are fotind in the fo]-
previously approved. lowing reCerenced chapters, with the exception of
18.45.050 Prior King County approvals. farm animals, then ACC 18.45.070 shall apply:
18.45.060 Planning d'uector authorization. LHRS-See Chapter 18.10 ACC
18.45.070 Farm animals. LHRI -See Chapter]8.12 ACC
18.45.080 7'itle 18 applicable. LHR2-See Chapter 18.14 ACC
18.45.090 Lot averaging-LHRS zone. LHR3-See Chapter 18.]6 ACC
LHR4-See Chapter ]8.18 ACC
18.45.010 Purpose. LHRMHP-See Chapter 18.20 ACC
The purpose of the Lea Hill (LH) zoning dis- LHCI -§ee Chapter 18,26 ACC
tricts is to provide for zoning requirements to the LHP1 -See Chapter 18.40 ACC
Lea Hill area that aze effective upon annexation. LHI-See Chapter 18.44 ACC
The LH zoning districts will be similar to if not the (Ord. 53A2 § 2, 2000.)
same as the other zoning districts of the city of
Aubum. Some variations are needed to recognize 18.45.040 Development standards-Lots
King Counry zon_ing and the developments permit- previously approved.
ted using the counry zoning. (Ord. 5342 §2,2000.) A. For any residential lot that had received final
plat approval,fmal short plat approval,preliminary
18.45.020 Permitted uses. plat approval or that King County had received and
The uses permined in the LH zones, established determined the application complete:for a prelimi-
—by��C-18:06:010,-whetherpermitted-outrighYOr -nary plarorshort plat;prior to the effective date of -
by a conditional use pertnit,shal]be as stated�n the annezation, the de4elopment standards in the fol-
following referenced chapters for each of the LH lowing table shall apply. 7'he property owner/ap-
zones, with the exception,of farm animals, then plicant shall be responsible to provide to the ciry
A6C 18.45.070 shall apply: evidence of these previous approvals:
LHRS-See Chapter 18J 0 ACC B. Any further subdivision of any lot and its
LHRI -See Chapter I 8.12 ACC subsequent use must conform to t6e permitted uses
LHR2-See Cfiapter 18.14 ACC and standards referenced in ACC 18.45.020 and
LHR3- See Chapter 18.16 ACC 18.45.03Q with the exception of Cazm animals,then
LHR4-See Chapter 18.18 ACC ACC 18.45.070 shall apply.
LHRMHP-See Chapter 18.20 ACC
Setbacks• Bu7ding Height
Lot Lot — —
Zoning Lot Area/ Lot Lot Coverage. Side
Distriel Area Unit Widt6 Depih (%) Front Rear Side Street �Maio Ace.
LHRS 8,000 N/A 35 0 35 20 5 S 10 35 �35�
LHRI 2,500 N/A 30 0 35 ' 10 5 5 10 35 � 16
LHR2 2,500 6,000 30 0 35 10 5 5 10 35 16�
LHR3 2,500 3,600 30 0 40 IO 5 S 10 35 35
LFIR4 2,500 2,400 30 0 55 10 5 5 10 35 35
•Garages and other similar structures with a vehicular access require a 20.foot setback from any street.Feuces up to six(eet in height .
may be constrqcted in any setback. .
(Ord. 5342 § 2, 2000.)
(Revised 3I04) 18-$�
Auburn City Code 18.45.070
18.45.050 P�ior King County approvals.
The city of Auburn will recognize the terms of
any King CouAry approved plat, PUD, conditional
use pertnit, contract rezone or similar contractual
obligations that may have been approved prior to
the effective date of the annexation of the subject ,
properry. The conditions of any project that was
approved by King Counry shall be required to be
fulfilled in the city of Aubum. (Ord. 5342 § 2,
2000.)
18.45.060 Planning direMor authorization.
The planning d'uector shal] be authorized to
interpret the language of any King Counry permit,
plat or condition thereof and effecmate the unple-
mentation of same to the fullest extent possible. If
there is a conflict between a previous King County
approval and the.Aubum regulation then the most
restrictive provision shall apply as determined by
the planning directot. (Qrd. 5342 § 2,2000.)
18.45.070 Farm animals.
A. In the LHRS, LHR1 and LHR2 zones, it is
permissible to keep fazm animals(excluding goa}s
and swine in the LHR1 and LHR2 zones); pro-
vided,there shall not be more than one horse,cow,
� donkey or other similar large aqimal,or four small
animals_such as.sheep,_or_12_poultry, rabbits, or__ ,_
similar size animals per each acre of enclosed �
usable pasture or roaming azea. 7'his acreage
requirement is in addition to the minimum lot size
requiremenu of'the zone.
B. S6elters pro4ided for farm animals shall be
constructed no closer than 50 feet from any adjoin-
ing lot and it shall be 100 feet from any public ,
street or alley. Any corral, exercise yard, or arena
shall maintain a distance of 35 feet from any prop-
erty line. TFiis excludes pasture area.
C. For those properties that do not meet the
requiremenLs of subsection A of this section, and
farm animals were present prior to annexation,the
farm animals may remain as legal nonconforming
uses. In such case the number of farm animals
allowed may be the same as what the county ion-
ing provisions had allowed prior to the effective
date of the annexation of the subject property.
(Ord. 5342 § 2,2000.)
1$-$2.] (Revised 3I04)
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(Revised 3l04) 1$-53.2
Aubum Citv Code 1S';�'•�'��
18.45.080 Title 18 appGcable. Chapter ]8.46
Unless otherwise provided for in this chap[er all
provisions and requirements of this tide shall apply TEMPORAR]' USES
to[he Lea Hill (LH) zoning districts. (Ord. 5342§
2. Zppp,� Sections:
18.46.010 lmenc. ,
]8.45.090 Lot a0eraging—LHRS zone. 18.46.020 ]nterim uses.
It may be possible �o subdi�•ide LHRS zoned 18.46.030 Seasonal uses.
proPenq imo lots smaller[han 3�.000 square feet if 18.46.040 Temporary uses associated with
the propeny has a significant amount of nonbuild- construction projects.
able land due to steep slopes. wetlands or similaz 18.46.050 Transitional uses.
� feamres that would be in ihe public's best interest 18.46A60 Administrative temporary use permits,
(o maintain.The following regulations shall apply: 18.46.070 Conditions.
p. At least 30 percent of the subdivision must 18.46.080 Coordination with other city codes.
contain nopbuildable areas, i.e.: steep slopes and
wetlands, as defined by ACC 18.69.030(G). 18.46.010 lnlent.
B. The number of allowable lots in a subdivi- It is the intent of this chapter to regulate certain
sion shall be detemvned by.multiplying the rotal temporary uses of property which are not otherwise
number of icres in the subdivision by one. Any regulated, beyond business registrddon. by other
fraction shall be rounded,to ttie nearest whole num- city ordinances or regulations. (Ord. 4229 § 2.
ber with one-tialfbeing rounded up. 1987.)
C. The minimum siie of any lot shall be 17:500
square feet..For IoLs less than 35.000 square feet, 18.46.020 Interim uses.
the minimum lot width is 100 feet and the lot depth The heazing eaaminer may issue a temporary
is 150 feet. All other applicable development stan- and revocable permit.after a public hearin@ is held
dards related to the LHRS zone will continue to pursuant to ACC 18.70.040, to allow an owner. '
aPp�y, developer,contractor.tenant,lessee.or other occu-
D. Each lot within a subdivision shall illus[rate Pant to conduct an othenvise permi[ted use on their
_ _a building area within which the house, aceessory property at the same cime they aze,improving the �
swcmrcs, and parking areas shall be cons(rocted. property to the require�ciry standards;pursuant to
- The building area shal] be exclusive of setbacks, the following copditions:
nonbuildable areas or any required buffers from the A. 7'he permit may be issued for a period up to
nonbuildable aress.Any preliminary plat,final plat six nionths and may be extended for three more '
or short plat shall illusvate the building area for months if the applicant has acted in @ood faith
each lot. Any future construction will be limiced to towards compliance of the original permi}. 7`he
ehe identified building azea. hearing examiner shall.decide what constitutes s_aid
E. A native growth protection easement or sim- good faith.,
ilar device, which may include provisions for the B, The hearing examiner may issue the permit
limited removal of vegeiation and passi4e use of only if the proposed use is consistent with the fol-
the easemen[, that peipewally protects the non- lowing findings of fact:
buildable areas must be recorded with the final plat 1. The request is reasonable and therc is no
or shon pla[. (Ord. 5342 § 2, 2000.) other practical altemative;
�: Adverse impacts associated with the tem-
porary use are appropriately mitigated and such
temporary use will not cause a hazard to the occu-
pants or to neighboring propenies;
3: A hardship is involved that cannot other-
wise be reasonably resolved;
4. A perf'ormance bond,in the amount of the
required improvements, shall be posted guarantee-
ing the completion of the project. (Ord. 4229 § 2,
1987.)
]$.$� . , (ReviaeE7l03)
18.46.030
I8.46.030 Seasonal uses. by the hearing examiper.shall be posted guarantee-
The hearing examiner may issue a temporary ing the removal of[he use and tHe area restored to
and revocable permit:after a public hearing is he]d the satisfaction of the buildine official. Failure to
pursuant to ACC 18.70.040. to allow sales of sea- comply with the conditions of the permit shall
sonal goods. in any nonresidential zone. (or a cause forFeiture o(that ponion of the bond neces-
period not to exceed six months in any 12-month sary to correct the Jiolations:
period. 4. Tfie temporary use shall be reviewed each
A. The use need not meet the standards nor- six momhs to determine if the temporan• use per-
mally associated u-ith a permanent use pro�-ided mit is still valid. i(not. ihen the heanne examiner
the hearing examfner finds �hat the temporary use shall ternunate the permic
is not in proximiry io a competing permanen} use. 5. The temporary use shall be vacateii upoo
Other findings and re:quirements tlie heanng exam- completion of the associared construction project
iner shall consider wi]] be:az follows: or determined by subseciion (B)(4)of this section.
l. The use must be coosisteot with the per- (Ord.4229§ 2. 1987 J
mitted uses in th"e zone;
2. 7'he use must be an appropriate interim 18.46.050 Transitional uses.
use of the properfy pending the permanent long A. Existing agncultural and associated uses.
term use; . which are not permitced ouvig6t. may conunue
3. The use will not result in significant traf- provided there are no new swcfures built in excess
fic, parking, drainage. fire protection, or other of 2.000 square feet, or the use is not expanded by
ad4eise impacts; , five acres, unless a perrriit is issued. afrer a public
4. The use must provide sanitary facilities if hearing is held pursuant to ACC 18.70.040, by the
the hearing examiner finds it is�necessary; heanng examiner consistent with the following
5. A performance bond, the amount to be f ndings of face
determined by the building o�cial, and approved 1. 7'he use must be compatible or sufficient
by the hearing examiner,shallbe posted�uarantee- mitigating measdres available ro inake it compati-
ing the removal of the use and the area resrored to ble with adjacent permit�ed uses;
the sausfaction of the building official. 2. The dse cannot,be a detriment ro adjacent
B. Failure to compy with the condi[ions of the._.___.___permit[ed.uses;-- _-- ___—__ . —
pemut shall cause forfeiture of[hat ponion of the 3. The use will not result in signifcam
bond necessary �o correct [he violations. (Ord, adverse impac[s to the area.
4229 § 2, 1987.) B. Upon encroachment of pertnined uses into
the area the hearing examinermay review a transi-
18.46.040 Tempora.ry uses associsted with tional use permit to determine if such use is no
construction projects. longer compatible with the pemilned uses an0
A. The hearing examiner may issue a iempo- should be abated. (Ord.4229 § 2, 1987.)
rary and revocable permit after a public hearing is
held pursuan[ to ACC, 18.70.040, (or activities 18.46.060 Adminisiretive temporary use
associated with conswction projects, including � P��i�,
but not limited to equipment storage yards. job A. The planning director may issue a tempoiary
shacks, materials srorage yard, or living quaners, use permit to allow a business to begin operation "
which aze not otherwise permitted outnght by ciry while the business is securing approval from the
ordinances or regulations. hearing examiner, planning commission or ciry
B. The hearing examiner may issue a temporary council if the planning direcror finds the use con-
use pertnit for construction rela[ed activities,if it is sistent with the following findings of fact:
found that proposa!is consistent wiih the following l. The need is due to cireumstances beyond
findings of fact: convol of the applicant;
1.. The use would not pose a Fiazard or be 9 2. 7'he need is due to hardship such as loss
deviment, physical or otherwise, to the neighborv of continuity of business;
h�� 3. The use is reasonably expected to be per-
2. 1'he use will not result in significant traf- mitted by the appropriate body;
fc, parking. drainage, fire pro{ection, or other , 4. No significant capital outlay is required
ad4erse impacts: for[he iqiqal operation of tiusiness;
3. A performance bond, th'e amoum to be 5. Application for the pertnit allowing the'
determined by the building official, and approved permanent use mus[be filed;
(Revised 7/03) ]$.$4 �
Auburn Cih� Code 15.36.080
6. 7�he existing structure and lot must other- ,18.46.070 Conditioos.
wise comply fo cii�� standards: ln order ro reasonably miti¢ate an. ad�•ene
7. The perrtiit shall termina}e when the com- impacts associated with a temporazy use permii.
mission. council or heazine ezaminer have ren- [he pertnirmay be conditioned to assure such miti-
dered their final decision; gaiion. (Ord.��29 § ?. 1987.)
8. The applicam agrees in writine that the
temporary use permit dces not guarantee a subse- ]8.46.080 Coordination wit6 other cih� codes.
queni permanent use: A. Am� temporary use othen4ise reeulated bc
9. A performance bond be posted guarantee- ACC Title 5. beyond am required tiusiness o�
ing the removal of the use if ihe use is denied b��the solfcitors license.is not subjec�io the provitions of
commission.council or hearine examiner. this chapter: However. ariy license issued under
B. 'fhe building of5cial may issue a temporary ACC Title 5 shal] be consistent with the use reeu-
use permic for iemporary or seasonal uses includ- la[ions ofthe remainder of this title and any condi-
ing, but not limited to, Christmas vee ]ots, street tion or other permit required by this tide shall be
sales.or exhibits for up to six weeks in durauon,if required.
ttie use is consistent wiih the following finding of B. Any licensed solicitor who.while selline or
fact: offering goods, wares,merchandise or anythine of
l. The use must be consistenrwith the per- value displays. advenises. or offers such goods-to
mitted uses in ttie zone: the passing public while standing on any property.
2. 7'he use will not result in significant traf- street or public way or any other place not used and
fic, parking, drainage. fire protection, or other licensed by such person as a pertnanent place of
adver`se impacts; business, shall secure in addition ro the solicitors
3. If appropnate the building o�cial may license, a temporary use pemtit pursuant to this
require a bond io assure tHe removal of the use and chapter.
the area res�ored to the satisfaction of the building C. Uses regulated or ezempted by Chapter
official. 18.60 ACC. Home Occupa}ions. are not subject to
C. The building official may issue a temporary the provisions of this chapter. (Ord. 4229 § 2.
use permit.for a iemporary sWcmre for tFie pur- 1987.j
_ _. ___pose_of_the.sale of..agricultoial_piodocts�rown on _
the prerttises if consistent with the following find-
ings of fact:
I. The temporary strueture is less ttian 300
square feet in floor area and must.meet the proper
setbacks o(the zone;
. 2. 7'he use will not result in significant qaf-
fic, pazking or other adverse impacts.
D. The planning director may issuo a temporary
use permi[for a temporary gravel parking faciliiy
�ha[servcs municipal purposes.The iemporary use
permit may be issued for a pbriod up to 12 months
if the planning director finds it is consistent with
the following criteria:
l. Thb use will not resolt in signifcant
drainage o�oth_er adverse impacts;
2. The gravel parking area is not required
for the purposes of ineeting{he minimum off-sveet
parking requirements pursoant to ACC 18.52.020.
3. The temporary use permit may be
renewed for subsequent 12-month periods; pro-
vided, that the planning director finds that the
above criteria can continue {o be met. (Ord. 5733
§ 3,2003; Ord.4229 § 2. 1987.)
1g-SS (Ravisetl7/03) �
18.48.010
Chapter 18.48 LHR3. R-4. LHR4. R-MHP. LHRMHP. RO. RO-
H. l. LHI.'CN. C-1. LHCI. and C-? disiricis:
SUPPLEMENTAL DEVELOPDIENT a. Fences mav be constructed to a heis6i
STANDARDS not to exceed the followine in each of the reqaired
setback areas. as regulzted per each zone. or as
Sections: modified ti4 su6section B of this section: ,
18.48.010 Davcare. Fronf 4ard: 42 inches:
18.48.020 Fences. Side yard: 7? inches:
18.48.030 Height limfta�ions - Excepiions. Rear pard: 7? inrhes:.
18.48.040 Lots. Sveet.side vard: 42 inches.
18.48.050 Manufactured home siting siandards. b. Fences shall comply with the reeula-
18.48A60 Recreational Jehicle parks. tions ofsubsection(A)(1)(a)of this seccion.ezcept
18.48.070 Yards. within resitlential subdivisions with lots that have
78.48.080 Helipons. two street frontages. One of the street froncages
18.48.090 Work release, prerelease and similar must be an existing or planned anena] sveet and
facilitiu. the lots do not have vehicle access to said arterial.
18.48.100 Wireless communications facilicies In such cases a fence tha[ is taller than 42 inche�
siting standards. and up to six feet high may then encroach irfto the
18.48:110 Wedand miugauon. yard setback abuning [he anenal sfreet subject to
18.48.120 Accessory dwelling units: the following:if sbch a fence is proposed it must be
18.48.130 Development standazds (or pantiandle for all or a majonry of the arterial sveet fron[age.
lot access and private access iracts, the sobject lots abut. Individual fences. taller than
18.48:140 Gated residential subdivisions, 42 inches, on independent.lots will not be permit-
18.48.150 Sewre communiry vansition facilities. ted in the required setback area. A five-foot width
of landscapiog, including deciduous trces planted
18.48.010 Deycare. at an average spacing of 25 to 30 feet. is required
A. The following performanre s�andards shall between the fence and the abuning anerial. A
apply to all child daycares but shall not apgly to homeowners' azsociation, or similar organization.
adultdaycare• ___— �ssequired andshall-pupetually-maintainthe fence-----
1. If applicable. must be propeily licensed and the landscaping. The devdoper and/orhome-
with the state o(V✓ashington; owners' association shall provide evidence of such
2. Outdoor_play areas may be requi�ed to be perpetual maintenance.The planning director shall
screened by a 100 percent sigfit-obsc'unng fence approve of the fence material,landscaping and evi-
pbr ACC 18.48.020(C). The fepce shall be con- dence of the homeowners' association mainte-
strncied to reach th_e gTourid to preveni crawling nance and the timing of the installauon of fence
undemeath; and landscaping.
3. Daycare, preschool aod nursery schoo] 2. The following regulations shall apply in
seYvices sha11 not be conducted before 5:00 a.m. or the R-R, C-3, M-1, M-2, BP, LF;P-1, and LHPI
after 9:00 p.m. in single-family residep}ial zones. districts:
B. The above provisions are not intended to a. Fencu may be constructed to a heigh[
'reduce the requirements of any o�her licensing not to exceed the following in each of ihe required
agency or depanment. (Ord. 4705 § 2, 1994; Ord. setback areas. az regulated per each zone or as.
4229 § 1. 1987•j modified by subsection B of this settion:
Front yard: 72 inches;
18.48.020 Fences. Side yard: 72 inches;
A. Height Regulations. The rttinimum or maxi- Rear yard: 72 inches;
mum height requirements as stipulated th�oughout Side stree[ yard: 72 inches.
this chapter shill be considered to be met if the B. Special Height Restrictions.
height of the fence is witHin six percent of the 1. There shall not be anyth.ing constructed
height required. The height of the fence shall be or reconswcted, and no obstruction pertnitted to
determined (rom the existing,established grade on grow,other than a post,column orvbe not exceed-
the properry. ing one foot square or one foot in diametu,
I. The following regulations shall apply in between a height three feet and ]0 feet above the
the R-S, LHRS. R-l. LHR1, R-2, LHR2, R-3, established grade wittiin the triangulaz areas
(ReviseG7/03) ]$-56 - .
Auburn City Code 18A8.030
described belo��. uithow the e�press appro��al of
the citv eneineer:
a� The trianeular area formed b�•a line?0
feet along the right-of-tiay lines of cwo intersecting
streets. measured from the poim of intersection of
-- ---�----- --
18-56a (Revised 2103)
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(Re��scw vos) 18-�6b
Auburn City Code 18.46.040
the right-of-way lines, and the line connecting the A. Cupolas, pro�ided they do not extend more
two ends of the two 20-fdot lines; than three feet above the roof line;
b. The triangulaz area formed by a line B. Church spires or steeples, provided they
15 feet along the street right-of-way line measured conform to elevations as approved under a condi-
from the point of intersection of the alley right-of- tiona]use pertnit;
way line and a line 15 feet along the alley right-of- C. 'fransmission line towers, including tele-
way line measured from the point of inrersection of phone line towers and similar types of other line
the sveet and alle}• right-of-way lines and the line Fowers, located within public street rights-of-way,
connecting the unconnected ends of the �wo lines. easements, or on private propeny, and which are
2. In general, no fence, hedge, structure or conswcted in accordance with other regulations as
other obswction shall acc as a sight hazazd to traf- required by the ciry;
-fic,and the ciry engineer may order the removal of D. Residential television antennas, provided
such hazazd whether or not such object otherwise they are used in conjuncdon with the reception.of
complies with the pro�isions of this title. commercial television station signals and are not
C. Screened Fence Defined. used for transmission purposes;
1. A screened fence shall consist, at a mini- E. Elevated reservoirs, water tapks or stand-
mum, of a chain lipk fence interwoven with slats pipes under the jurisdiction of the city or o[her
placed in every row or available space in the fence; water dis[rict;
2: A 100 percent sigH�-obscuring fence shall F. Athletic field or playground lighting under
be conswcted of solid wood, metal, concrete or the jurisdiction of the city or other public agency.
other appropriate material which totally conceals This exemption is limited to the P-1 or LHPI,pub-
the.subject use from adjoining uses. lic use zone, only and its provisions. (Ord. 5342 §
D. Fences and Associaied Landscaping. 2,2000;Ord.4664§2, 1994;Ord.4229§ 2. 1987.)
1. �✓hen landscaping is required along the
property line, the fence shall be set back a mini- 18.48.040 Lots.
mum of five feet if the fence abuts a street right-of- A. All lois shall meet the lot area and width
way, so as to not obscure such landscaping: requirements set fonh in the applicable use distriM,
__ _ 2. At other property lines the landscaping except any residentially zoned pazcel of land with
shall be located[o serve the greatest pu6lic benefit� —an area and/or�-w�dth=ordepth less-than that-pre-----
E. Obstructions- Generally Prohibited. scribed for a lot in any residential district,then the
1. In no case shall any fence and/or hedge be fact that the parcel of land dces not meet the area
conswcted or grow�n, within a distance o( three and/or width requirements as set forth in this tide
feet,azound am fire hydrant:aswell as no fence or shall not prohibit �he property from being utilized
hedge shall d'eter or hinder the fire depanment for single-family resideniial purposes; provided.
from gaining access to any fire department connec- that all other regulations of this title are complied
tion, �re proieciion coniiol ��alve. fire h}•drant. or with.
fire depanment appliance or device: 1. For single-family homes on substandard
2. In no case shall any fence andlor hedee lots, the follo�ing special provisions (or lot cover-
obstruct t6e ��isibiliiy o( any fire hydrant from a age and setbacks may apply:
distance of 150 feet. in any direction. o(�ehicular a. Loi Coverage. Lot coverage may be
approach to �he h.•drant: dete�mined by using lhe (ollowing formula:
3. ln no case shall any fence and/or hedge be
constructed or groHn in a manner which interferes (A/B) + C = D(9n)
with access to storm or saniiary sewer' manholes
and o[her appunen�nces Khich require access for A= Lot are� required by zoning code.
maintenance purposes. (Ord. 5398 § 2. 2000: Ord. B = Lot area o(existing lot.
5342 § 2. 2000: Ord. 4304 § I(31). 1988; Ord. C = Perceniage of lot coverage allowed by
4229 § 2. 1987.) zoning code.
D = Percentage of lot coverage allowed for the
18.48.030 Height limitations- Exceptions. substandard lot.
The followine buildings and/or swctures are ln no case shall the bt coverage exceed SO
exempt of the height requirements of this iitle; in percent, unlessotherwise allowed by this title.
no case does this lessen any height restrictions that
relate to the municipal airport:
18•56.1 (ae��5ea ivao)
i8.48.050
b. Front.and Rear Yard Setbacks. Either A. The home rti"ust be placed on e pecmanent
the front or rear yard setback may be determined by foundation similar to that required of other residen-
using the following formula: tial conswction;
B. 'I'he home shal] have a pitched roof wit6 a
(A/B) * C =D slope no less than a three-inch rise to a l2-inch run,
and the roof must be an integral part of ttie home;
A= Depth of the existing lot. and shall be made of either composition;shakes or
B = Lot depth required by zoriing code. shingles (wood or metal);
C = Front or rear ��ard se�back required bv C. All requirements of this title and other appli-
zoning code. cable regulations must be met.
D= Front or rear yard setback allowed for the These regyirements do not apply to R-MHP
substandazd lot. zoned property. (Ord. 4229 § 2, 1987:)
In no case shall the front or rear yard setback
be less than 10 feet, unless otherwise allowed by 18.48.060 Recreational vehicle parks.
this title. A. The following performance standazds shall
c. Side Yard Setbacks. Side yard set- apply to all recreational vehicle pazks:
backs may be determined by using the following 1., Ivlinimum size of the recreational vehicle
formula: park: 100,000 sq"uare feer,
2. Maximum gross densiry:one racreational
(A/B) * C = D vehicle space per each 2.000 square fcet of land '
area;
A = Width of the existing lot. 3. Recreational space: eight percent of the
B = Lot width required by zoning code. total site area stiall be provided as defined recre-
C = Side yard setback required by zoning ation space. The recreation space shall be easily
��e accessible and shall be improved and maintained in
D = Side yard setback allowed for the substan- such a manner so as to provide adequate recre-
dard lot. ational facilities for the residents of the recreauonal
�n.no-caseshalLthe.interiocside_ya{d.setbacl� �ehicle pazk; _
be less than three feet oi tHe street side yard setback 4. 1vlinimum widih�� recrea[ional vefii=
less than 10 feet, unless otherwise allowed by this �le space shall have a minimum width of 25 feet;
tide. 5. Interior private streets:
B. Lots created by the King Counry assessor's a. Twelve feet of width per each travel
office shall not be considered as building lots or �ane and 10 (ee� of width per each parking lane. A
lots that can be furttier subdivided unless in accor- minimum o(20 feet shall be provided for one way
dance with t6is tide and land division ordinance, systems.
except those lo(s created prior to Aueust 24. 1968, b. The streets shall be improved in accor-
which was the adoption da�e of the previous subdi- dance with the specifications of the city engineer.
vision ordinance, Number '?0�. In addiiion, all svee)s shall be well-drained, well-
G. Lots created by the Pierce County assessor's ligti�ed, and continuously maintained in operable
offce shall not be considered as building lots or condition;
lots that can be funher subdi�•ided unless in accor- 6. Spacing benyeen uniis: there shall be a
dance with tfiis tide and land di4ision ordinance, minimum side-to-side dimension of 12 feet
except those lots legally crea�ed prior to any land between units and a minimum end-to-end dimen-
being annexed to the city of Aubum. (Ord. 5170 § sion of 10 feet betw�een units;
1. 1998:Ord.4705§ 2. 1994:Ord.4229§ 2, 1987:) 7• Minimum setb•rcks required: the follow-
ing setback requirements shall a`pply:
18.48.050 Manufactured home siting a. Twemy-five fee[from a public.street,
slandards. b. Five (eet from an interior privare
A manufactured home may be allowed to be street.
placed within any residential zone, that allows sin- �� Fifieen feet from the park boundary;
gle-family homes, pro��ided �he following condi- 8� Off-street parking:a minimum of one off-
tions are met: street.parking space shall be required for each rec-
re5tional vehicle space. !t shall be located within
the recreational vehicle space. ln addition,one off-
street parking space per each three recreational
(Revised 12roo) 18-56.2
� ,
Auburn Ci.ty Code 18.48.060
vehide spaces stialf be required for guest pa�king. e. Electrical supply system: each recre-
The guest parking spaces stial]be grouped and dis- ationa] vehicle park shall be provided with an un-
tributed evenly tFiroughout the park; dprground electrical system which shall be installed
9. Pedestrian walkways: pedestrian walk- and maintained in accordance with all applicable
ways having a width of not less than three feet shall state and local codes and regulations,
be pro4ided from the recreational vehicle spaces to L Other utiliry systems: if other utiliry ,
all service baildings', and facilities, refuse collec- systems such as natura] gas, television cable, or
tion area,and recreation areas. The�•alkways shall �elephone are installed in a recreational vehicle
be hard-surfaced, well-drained. and u�ell-]igh)ed; park such installation shall be in accordance with
10. Landscaping: see Chapter 18.50 ACC; state and local codes and regulations;
I 1. Limit of stay: no recreational vehide 14. All recreational vehicle spaces shall be
shall remain witliin in a recreational vehicle park well mazked and numbered.
for more than 120 days in any one-year period; B. 'I'he ciry engineer shall approve the site plan
12. Solid waste disposal:the storage,collea for all recreational vehide parks. The site plan
tion and disposal of solid waste in recreational shall contain the following:
vehicle parks shall be so conducted as to create no 1. Name of the owner and operator, with .
health hazards, rodent harborage, insect breeding address and phoae number, and the name of the
azeas, or accident or fue hazards. Individual or proposed recreational vehide park or campground;
grouped refuse containers must be screened from 2. Legal description of t6e subject tract of
view except on collection day; land;
13. Utilities: the following requirements for 3. Name, address and phone number of the
utilities shall apply: � person or firm preparing the site plan;
a. A water supply system shall be pro- 4. Scale of the drawing and north arrow;
vided in the recreauonal vehicle park for each rea 5. The area and dimensions of the vact of
reational vehicle space designed to accommodate land;
the park user occupying a self-contained recre- 6. The number, size and location of all rec-
ational vehicle,the water system for a recreational reational vehide spaces;
_ _ _ ._ vehible_park_shal_I be conswcted and maintained in 7. "I�e number, location and size of all off- _
accordance with ap applicable state and Ioca1 codes street automobile parking spaces;
and regulations, 8. The location and width of all streets and
b. Watering stations: eac6 recreational walkways;
vehicle park shall be provided with one or more 9. The location of service buildings, sani- '
accessible water supply outlets for filling recre- tary stations, recreation area and any other pro-
ationa] vehicle water storage tanks, posed facilities or structures;
c. Sewage disposal system: an adequate 10. Location of all utiliry Iines and ease-
and safe sewage disposal system shall be provided ments;
in a recreational vehicle pazk for each recreatiodal 1 1. lndication of the water supply, sewage
vehicle space designed to accommodate the park disposal, elecvical supply, and refi,se collecdon
user occupying a self-contained vehicle and shall systems;
be connected to public sewage system.The sewage 12. Indication of all buildings, recreation
disposal system in a recreational vehicle park shall uses,and other facilities to be constructed;
be conswcted and maintained in accordance with 13. Landscaping specifications;
al1 applicable state and local codes and regulations, 14. A viciniry map indicating the names and
d. Sanitary stations: each recreational location of all sveets within at least a quarter-mile
vehicle pazk shall be provided with sanitary dum� radius of the subject site;
ing stations in the ratio of one for every 100 recre- 15. Location and specifieations of the man-
ationa] vetiicle spaces or fractional part thereof. ager's office and dwelling unh;
The construction of ilie sariitary station shall be in 16. The site plan shall be properly dimen-
accordance with the city engineer's standard detail. sioned and drawn at a scale not less than one inch
Sanitary s}ations shall be saeened from other equals 40 feet and on a sheet size 24 inches by 36
activities liy a 4isual barrier such as fences, walls, inches,more sheets may be allowed if necessary.A
or natural growth and sliall be separated from any reproduc�ble mylar and seven copies of the site
recreational vehicle space by a distance of not less plan shall be submitted at,the time of application.
than 50 feet, (Ord. 4229 § 2, 1987J
15-57 (Revised 3IOO)
18.48.070
18.48.070 Yards. 40 feet, then the required side yard width may be
A. 'Ihe following may project from a building rednced to three feet. The street side yard width
into 9 required yard setback`. may not 6e reduced.
1. Fireplace structures, bay windows, gar- D. Lots with Significant Slopes. To encourage
den windows, enclosed stair landings, closeu, the preservation of natural features on lots with sig-
framed fireplace shafis, wireless communications nificani slopes, platted residential lots with an
facilities or similar projections not wider than eight average slope of 15 percent or more may reduce tNe
feet measured in ihe general direc)ion of the wal]of front yard setback liy up to 20 percent; provided,
which it is a pan: 18 inches imo any ��ard: however, that al] structures must comply with
2. Porches and Platforms. applicable sight distance triangle requirements.
a. Uncovered porches and platforms 7'his provision shall only apply to lou developed
which do noi extend above the 1]oor ]evel of the for a single-family residence but shall not apply to
first floor: 18 inches into side yards and six feet property zoned RR(Rural Residential).
into the front yard and rear yard; piovided, that For the purposes of this section, the average
may extend three feet into the side yard when they slope shall be measured by taking the difference
do not exceed 18 inches in height above the fin- between lhe average elevations of the rear and the
ished grade; front lot lines. This provision is not intended to
b. Covered but unendosed porcties and waive any other requirements of geoteclinical
platforins which do not eztend above the tloor reports or studies that may be necessary to ensure
level of the first tloor and which are oo wider than the suitability of a lot for deyelopment
50 percent of the building's frontage: five feet into Development under this provision may also
the front yard; implement the yard exemptions identified in sub-
3. Planting boxes or masonry planter not sections (A)(1) through (A)(5) of this section.
ezceeding 42 inches in heigh}may intrude into any (Ord. 5799 § 1, 2003; Ord. 5020 § l, 1997; Ord.
yard; 4470 § l, 1990; Ord. 4304 § 1(32), 1988; Ord.
4. Eaves shall not protrude more than 24 4229 § 2, 1987.)
inches into any minimum required yard;
5. Awnings,canopies,marquees and similar 18.48.080 Heliports.
structuies designed to primarily protect pedestrian� -The following--development—standards-sfiall � " - "- - -
from the weather elements, They shall be attached apply to all heliports,excluding those developed as
to and supponed entirely by the building.'fhe max- part of the Auburn Airport.
imum projection shal]be seven feet from the build- A. Meet the Federal Aviation Administration
ing. (FAA) requirements;
Subsection(A)(5)of ttiis section is also intended B. Meet the current National Fire Protection
to allow these types of structures to project over Agency 403 reguirements;
public right-of-way. The maximum projection is C. Be consistent with tNe Aubiun ,Airport
still liinited to seven feet and must comply with tHe requireinents;
Uniform Building Code (UBC) and Uniform Fire D. The size of the landing pad must be one and
Code(UFC),and the requirements of the ciry engi- one-half times the size of lhe largest helicopter to
neer. use the site;
B. Special Front Yard Depth.Ifbuildings exist- E. The landing pad must be paved,and a source
ing on July 6, 1964, occupy 50 percent or more of of water available to keep the pad clean,additional
the frontage in any block,and are on one side of the fences and/or screens may also be req6'ued to
sqeet, then the depth of the front yard re_quired by reduce any ilying debris;
this title sNall be disregarded on that side of the F. The location of the helipart shall be compat-
street in such block,and in lieu thereofthe depth of ible with adjacent uses and should be located away
front yard required on each lot therein shal] be not from schools, and populated areas to include resi-
less than average depth of the front yazds existing dential,commercial,industrial and ot6er public use
on July 6, 1964. This shall apply to residentially areas;
zoned property only. G.. Additional requirements may also be
C. Side Yard Width Reductions.In R2,R3, and assessed with regard to fences, hours of operation,
R4 districts,where there exists a lot or tract of land lighting, setbacks or easements. (Ord. 4283 § 2,
on which it is possible to construct a single-family 1988.)
dwelling,and the lot or tract has width of less than
(Re4ised 3I04) , � 18-58
Autiurn City Code 18.48.090
18.48.090 Work release,prerelease and similar
facilities.
'fhe following siting and performance standards
shall apply to all work release,prerelease and sim-
ilar facilities offering altematives to imprisonment:
A. Mazimum number of residents: No work �
release; prerelease or similar faciliry shall house
more ihan 50 persons, excludin@ resident staff. �
B. Dispersion cnteria:
I. The lot line oT any new or expanding
work release,prerelease or similar facility shall be
located:
a. 1,000 feet or more from any residen-
tial zone; and
b. 1,000 feet or more from any group res-
idence facility as defined by ACC 18.04.440; and
c. 1,000 feet or mpre from any accredited
public,private or parochial school,exclading com-
mercial schools suc6 as business, vceational or
technical schools; and ,
d. 1,000'feet or more from any religious
institution meeting the requirements of a conform-
ing use and meeting all other requirements of the
Auburn City Code; and
e. 1,000 feet or more from any public
paiK;and
f. 1,000 feet or more from any licensed
— daycaze_center,�ursery-school_or_preschool._as _ __,
defined by ACC 18.04.290; and
g. One mile or more from any othei work
release,pYerelease or similar facility.
18-588 (Revisetl 3IDt)
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— i
(Revrsed 3lo:f) 18-586
Auburn City Code 18.98.100
?. The distances provided in this subsection administrative use permit has been issued and is
shall be measured by following a straight line, still Oalid for sites which have not been built upon.
without regard to' intervening buildin�s. from the B. Co-location Requirements.
nearesi point of the propeny parcel upon which the 1'. For monopoles that are more than 75 feet
proposed use is to be located or expanded. to the in height and lanice towers of any heieht (Type 3-
nearest point of the parcel of property or the land B facilities). the owner of the propeny shall exe- ' �
use districi boundary'line from which the proposed cute and provide evidence of a nonexdusive lease
land use is to be separated. wiih the carrier that allow�s for other carriers to
C. Each facilit�� shall ptovide on-site dinine. place anienna on the s}rucmre.
on-site laundry or laundn� service. and on-site rec- 2. Any applicaiion for a Type 3-B facility
reation facilities to serve the residenis. shall include technical justification that an eXisting
D. A conditional use pertnit application for a Type 3-B facility with a nonexclusive lease could
work release. prerelease or similar faciliry shall be nofbe used instead of conswc[ing a new rower.
accompanied by proposed operating rules for the C. Height.
facility. These proposed rules shall 6e rev9ewed by l. Unless otherwise provided for, the height
the planning director in consultation with the chief of any primary suppon strucwre and/or antenna .
of police and the city attorney.The planning direo- sha11 hot exceed the height limitations of the zon-
tor shall include in any recommendation on the ing disvict.
re:quested conditional use pertnit an analysis of the 2. The maximum height of any primary su�
proposed rules as they may relate to the findings of port swcmre shall not exceed 120 feet.
fact required under ACC 18.64.040.(Ord.4590§ 7 3. There shall be no variances allowed to the
(Exh. F), 1992.) height limitations.
4. The carrier shall provide evidence that
18.48.100 Wireless communications facilities the Federal Aviation Administration (FAA) has
siting slandards. approved the location of a primary suppon struc-
The following siting, standards are intended to mre relative to the Aobum Municipal Ai_rpon.
guide the location and de�elopment of wireless 5. Unless othenvise restricied by this sec-
- — —commonications-facilities-(-W.CE)_as_defined�y __tion._building=or strucwre-mounted antenna may _ �
-. --- —
ACC 18.04.912 but not including microcells. The extend a maximum of 15 feet above'the maximum
siting of microcells shall be in accordance with the height pertnitted for swctures within the zone.
definition of microcells found in ACC 18.04.912 6. Antenna, that are mounted on structures
�C,� that do not otherwise have a height resviction,may
A. Separation between Facilities. be allowed to increase the overrll height of the
l. Ney�. Freestandine Primarv Suppon sfrucmre by no more than 10 percent of the height
Structures. of the swcmre unless additional approvals are
a. The minimum separation. i.e,. dis- obtained.
tance. between a proposed monopole (that is 75 D. Setbacks.
feet or less in heighQ and any other existing pri- l. All equipment shelters. cabinets, support
mary suppon swc�ure. of any height. shall be the structures or other above-ground facilipes shal!
height of the proposed monopole, including meet the setback requirements of the ione in which
ancenna. muliiplied tiy a facior of 10. located except as follows. All equipment shelters,
b. The minimum .separation. i.e., dis- cabinets, or other above-ground facilities used to
tance. between a proposed monopole Qhat is more suppon primary suppon structures shall be set back
than 75 feet in height. or lattice towers of any the same distanre required of the primary suppon
heighQ and any ottier existine primary support swcmre. All equipment shelters,cabinets,or other
strucwre. of any height. shall be the heigh) of the above-ground facilities within a nonresidential
proposed monopole, including antenna. multiplied zone shall be-set back a minimum of 50 feet from
by a factor of 20. any adjacent "R" zone.
2. The distance beiween primary suppon .
structures shall be measured by follo�•ing a siraigtit
line. ti�ithout reeard to intervening buildings. from
the base of one suppon swcwre to the base of the
other support swcture(s).
3. A primary suppon structure would be
considered "existing" if a conditional use permit or
�g_gg,� (Re��sed tvo2J
This page left intentionally blank.
(Revised t t102) 18-j$.Z �
Auburn City Code 18.48.100
3. 7'he minirtium distance from any primary vehiculaz traffic on any adjacent street shall be
suppon structure. of any heigtit. to any residen- placed on or affixed to any part of the WCF.unless
iially zoned parcel of properry shall be a distance required by the FCC or FAA.
equal to the overall height oi the primary support 4. Except as specifically reguired by the
structure (including antennas) multiplied by a fac- FAA(but must be appro�ed by the ciry).freestand- •
tor of two. ing primary suppon structures shall be painted a
3. �'heie possible. roof-mounted antenna color that best allows them to blend into the sur-
and equipmem shelters and/or cabinets are to be roundings. The use of grays. blues and greens
placed iowards ihe cen�er of ihe building. or awa�� mieht be appropriate: however, each application
from public view-s. Equipment shelters and/or cab- shall be evaluated individually.
inets shall be screened by a parapet or similaz G. Lighting.
architecmral feamre. l. Freestanding support swctures shall not
E. Fencing and Landscaping. be ar[ifcially lighted. unless required by the FAA
1. Fencing. Fencing is required ro enclose or other applicable authoriry. Any proposed light-
all above-ground suppon equipment that is associ- ing shall be submitted at the dme of the initial
ated with primary suppon structures. Fencing will application. Any lighting must be reviewed and
be ]00 percent sight-obscuring as defined in ACC approved by the city.
18.48.020(C)(2). if visible from public right-of- 2. Security lighting used to light the equip-
way or less intense zoning district. Equipment ment facility shall be directed downward, shielded
shelters and/or cabinets shall be enclosed by fenc- and kept within tfie bodndaries of the site.
ing a minimum o(siz feet in heigfit. H. Abandoned Facilities.
2. Landscapine. l. Any WCF which is not utilized for a
a. Where above-ground suppon equip- period of nine months ormore will be considered
ment is visible from public right-of-way, a mini- "abandoned."
mum width of five feet of Type ll landscaping as 2. Any WCF which falls into a state of dis-
defined in ACC 18.50.040 will be provided on the repair as determined by the planning director will
ezterior of the enclosing fence in order to effec- be considered "abandoned."
- tively-screen-the-equipment.from_the_publicright- 3_Any WCF considered to be "abandoned" ___
of-wav. must be remo�ed completely withiu 90 days from
b. Where facilities are visible from adja- the date of notification by the city's code enforce-
cent residential uses. a minimum width of five feet ment personnel. The code enforcement personnel
of Type I landscapine as defined in ACC 18.50.040 may extend the 90-d�y period should a valid appli-
will be provided on the exterior of the enclosing cation for use of the facility be submitted to the
fence in order to effectively screen ttie equipment city.
from the adjacent residential uses. 1. Noise. For the putposes of this section,WCF
c. Existing on-site vegetation may be will be considered a Class B. commercial, noise
used to meet the landscape requirements if source pursuant to WAC 173-60-040.
approyed 6y itie plannine director. 1. Supplemental ]nfortnation Required for
F. Aesthetics. Applicaiions. ln addition to the information that is
1. In order to minimize any potential. nega- otherwise required for an application for a permit
tive aesthetic impacts from new primary suppon for a WCF, the following is also required:
swctures including protecting views to and irom l. For a new primary support structure and
residential neighborhoods. mitieation may be related equipment, the applicant shall Provide the
required to blend the facilities in with the adjacent carrier's master network plan for the ciry showing
development or environs. Typical solutions forthe the carrier's existing WCF locations and narrative
support s�rucwre might indude: an extension of the explaining the potential WCF locations over the
buildine. a component of a sign swcture. disguis- nexi year, if Known. The applicant shall also pro-
ing the faciliry as a tree, pl�nting of iall trees. mov- vide technical justification supporting the need for
ing the location of the facility. p�iming or texturing the height of the primary support strucwre and why
the facility. etc. a shorter support swcmie could not be utilized.
2. Buildine- or roof-mounted antenna will Any application for a Type,3-B faciliry shall pro-
be painted or rexiured to"blend° w•ith the adjacent ' vide technical justification as to why a Type 3-A
surfaces. facility could not be utilized instead to adequately
3. No leuering. symbols. ima�es or trade- serve the Auburn communiry. -
marks laree enough to be legible to occupants of
18-59 (Fevised t 7ro2)
18.48:110
2. Nartative description of the facility a. Emereency communication systems
inclu8ing whether there is capacity of the proposed operated by a local public agency responsibie for
structure for more antennas, methods for minimiz- providing emergency services. (Ord. 5645 § .1,
ing visual impacts of the facilities, etc. 2002;Ord. 5342 § 2. 2000; Ord. 5020 � l, 1997.)
3. A color swatch for the proposed primary
suppott stractu�e. 18.48.130 Wetland mitigation.
4. Photographs or similar illustrations that The following siting criteria shall apply to all �
show a reasonable likeness of the proposed faci]ity wetland rtii[igation site cbnswction within the city
including the antenna arravs and abo4e-eround of Auburn. tfie purpose ofµhich is to mitieate the
suppon equipment. impacts of a project that is not located within tlie
K. Zoning Districts in Which WCF Are Permit- city o( Auburn. Off-site wetland mitigation con-
ted. The following [able illustrates which zoning struction that is associated with a project that is
districts the types of facilities..as defined 6y ACC located within the city of Aubum shall be reviewed
18.04.912(J),aze allowed in and which permits are concurrently with that proposal and will not be
required.Microcells,as defined by ACC 18.04.912 subject to the following:
(G),are allowed only in residential zones and shall A. Definitions. '
be permitted outright pursuant to the pro4isions of 1. "Wetland mitigation site conswction". '
ACC 18.04.912(G). for the purposes of this section, means the con-
Type ot Permit Required swction of new wetlands on exis[ing nonwedand
property and/or the enhancement of ezisting wet-
Zoning Permined Administrative Conditional lands.
District Outright Use Permit� Use Permit
All Zones I-D I-D� 1-D'-
RO-H 1-A I-B I-C -
GN �� lA I B ' IC . .
C-1.LHCI I-A 1-B I-C
G2 I-A I'B . I-C �
�-3 I-B.2-A 1-C.?-B. 3-A 3-B —
M-1 . I-B..2-A I•C. ?-B.3•A 3-B
M-2� I-B.2-A I-C.2=B.3-A 3•B
P-I.LHPI I-B.2-A 1-C:?-B 3-A� ' � .
I.LHI I-A I•B I•C '
LF. I-A I�-B � � 1-C
�Allou�ance(or the WCF io excend to a heighi of?0 perrem of .
�he Suppohing siructure. �
=Allowance(or the WCF to exterid to a heigh�of 30 percem of
thesupponiog structure. � � -
il'he maximum hrigh�allowed,including aniennu,is 65 feet. ,
L. Exemptions.
l. Unless otherwise provided (or, the fol-
lowirig are ezempt.frorti the provisions of this sec-
tion:
a. Microcells as defined by ACC
18.04.912(G).
b. Mobile testing facilities/equipment
used to test network limitations. 'fhe facilities/
eguipment shall not be at any.one location for more '
than 14 days and shall otherwise meet the require-
ments of any oiher ordinance, regulation or code
provision.
2. The follou�ing is exempt from the provi-
sions of subseciion A of this section. Separation
between facilities:
(Revised n/02) lg-6�
Auburn City Code 18.48.120
B. Siting Criteria. We[land micigation site con- apply to all accessory dwelling units u defined by
swction may be allowed within any zoning district ACC 18.04.01 S.
within the ciry of Auburn subject to all of the fol- A. The home or accessory dweil_ing unit must
lowing critena. At a minimum the proponent of be the pnncipal place of residence for the home-
wetland mitigation site construction shall apply for owner.
and receive from the city of Auburn a grading per- B. Only one accessory dwelling unit may be
mit before said consuuction beeins. pertnitted per single-family residence.
]. The wetland mitieauon site must be C. An accessory dwelling unit shall not be
linked to and be compatible�±�fth a comparable nat- larger than.50 percent of the sqbare footage of the
urally occurring ecosystem, e.g.. another wetland, single-family home with garage space not being
nver, stream, etc. 7'he construcced wetland mitiga- included in the calculation. In no case shall the
tion site cannot be an isolated mitigation site. accessory dwelling unit be more than 800 square
2. Only a public agency may propose a wet- fee[, nor less ttian 300 square feet, nor have more
land mitigation site pursuant to ttiis section. Before than two bedrooms.
starting construction the public agency proposing D. Exterior Appearance/Modificacions.
the wetland conswction must have an approved 1. Any alterations shall not change the
budget that has sufficient financial capabiliry to appeazance from that of a single-family residence,
conswct the wetland mitigation project. The pub- as determined by the planning director.
lic agency mast also provide che ciry a wriaen com- 2. Only one ezterior entrance is allowed to
mitrnent to compleie the project, to the ciry's the accessory dwelling unit and it can be located no
satisfaction, once construction starts. closer than 10 feet to an adjoining property line.
. 3. The project, outside of Aubum, that is 3. Any exterior staits shall be placed in the
creating the need for the wetland mitigation shall rear or side yard and aze no closer than 10 feet to an
be a public project of a regiona]or statewide signif- adjoining pioperty litre.
icance and.shall be a benefit to the general public. 4. Where garage space is converted to living
7'he proponent shall demonstrace to the city's satis- space the garage door s6a11 be replaced with mate-
faction that it is impractical to mitigate wetland rials tha} match the exterior of the house. If a
___ _impacts in the jurisdiction and/or drainage basin deiached garage is converted its appearance must
where the wetland impact occurs. � stil] be that ofa det�ed garage andihe detached--
4. There must not be a loss of buildable garage must be able to be used for parking of at
upland property such ihat it �t�ould be a financial least one vehicle.
burden to other propenies in the area, or the city, E. Parking Requirements.
with regard to funding capital impro�•etnent I. The parking required for the existing sin-
projects. Ttiis would includc, bui not be limited to. ele-family home must meet all requirements of the
the participation or potcncial pamcipation in local zoning code including amount, size and setback
improvement districis ILIDsI,the fmancial partici- requirements in order for an accessory dwelling
pation in ciry of Au6um capital imPro��emen� unit to be allo��•ed.
projects.or system de�el�ipmcnc ch_ar��e,. Financial 2. One additional parking space, beyond
contributions may be useJ io ofl'set thc loss of the those required for the single-family home, is
financial panicipation and shall require a scparate required for an accessory dwelling unit. The addi-
legal binding contract to be esrcuted bet�ceen the tional parking space must also meet all require-
city and the public a�cncy. ments of�he zonine code.
5. There must not bc a loss of buildable upland 3. Newly created parking shall make use of
properry that would diminish ttie ciry's•aliiliry to existing curb cuts. when possible.
meet its responsibili[ies H ith recard to the Gro�t�th F. An accessory dwelling unit may not be sold
Management Act or comprehensf�•e plan. (Ord. as a separate piece of property, or as a condomin-
5128 § I, 1999.) ium unit, unless allowed by the existing zoning on
the properiy.
18.48.120 Accessory dNelling units, G. Any homeowner seeking to establish an
Accessory du•elling units are permiited outright accessory dwelling unit shall apply for approval in
in all residential zoning districts, that permit sin- accordance with ttie following procedures:
gle-family homes,and may be developed with new l. The homeowner shall apply for an acees-
or existing single-family homes. Th_e development sory dwelling unit permit with the building divi-
standards of the underlying zoning disirict and the sion. A complete application shall include a
following siting and per(ortnance standards shall prop:erly completed application form, lloor and
18-60.1 tRevised 2�02)
18.48.130
strucnual plans,fees and an affidavit of owner res- unless the panhandle access is needed for a fire
idency. 'fhe affidavit of owner residency must be lane then 20 feet is required. The minimum width
signed before a notary public affirming that the of a panhandle access that serves nvo to four dwell-
owner meets the requirements of subsections A ing units shall be 20 feet and the minimum pave-
through E oftfiis section. ment width shall be 18 feet unless the panhandle
2. Before issuance of the accessory dwelling access is needed for a fire lane then 20 feet is
unit permit,the homeowner must provide a copy of required. The minimum width of a panhandle �
a statement recorded with che county records and access that serves more than four dwelling units
eleciions office. The siaiement musi read- shall be 24 feet and the minimum pavemem width
sh_all b_e 20 feet. All nonresidential panhandle
A pertnit for an accessory dwelling unit has accesses shall meet all the conswction standards
been issued, by the city of Auburn, to the ofpnvate sveets as contained in Section 2.05 ofthe
owner oT this prbperty. Future owners are Design and Construcrion Standards Manual.
advised that the owner of the property 3. If two panhandle accesses within the
must comply with all requirements of sec- same plat abnt each other then one common paved
tion 18.48.120 of the Auburn Zoning Code, ��eway, spanning both panhandles, may be pro-
as amended,if the accessory dwelling unit �;ded as part of the two panhandles.The pavement
is to be occupied or rented. width of the driveway shall be determined using
H. If an accessory dwelling unit is ro be �e same met6odology as subsection (A)(2)of this
removed,appropriate pertnics and,inspections must section.
' first be received from the 'Aubum;building divi- 4. If more than t�vb pantiandle accesses
sion. If a homeowner wants to remove the state- �'�'��hin the same plat abut each other then a separate
ment as required by subsection (G)(2). of this access tract shall be required in lieu ofthe separate
section,from the property's[itle,then the city shall P��dle accesses.'fhe access tract shall meet the
issue an appropriate release upon eJidence that the requiremenu of subsection B of this section.
accessory dwelling unit has been removed. The B• Private Access Tracts and/or Easements.
release shall be recorded, by the homeowner, with �. Private access tracts and/or easements
�,..'^ �ou�ty-records-and-elections-office and-a-copy— W'���be allowed when it isphysically impractical to _____
of the recorded release shall be provided to the provide a lot with direct access to a public §treet
Aubum building division. (Ord. 5399 § 1, 2000.) due to unique physical limitations of the property
including but not limited ;o steep slopes, signifi-
18.48.130 Development standards for cant vegetation, or sensiti4e environmental areas.
panhandle lot access and private !f the lot abuts an anerial an access tract may also
access tracts. , be allowed to provide an altemate access to the lot
A. Panhandle Lot Access. if it is impractical to provide for another public
1. The maxiinum length of a panhandle loc street due to the aforementioned physical limita-
access within the R-1, LHRI. R-2. LHR2, R-3. 4ons. The use of access tracts cannot preclude or
LHR3, R-4, LHR4, RO zones and residential hinder the alignmen[ of fu�ure p"bblic streets that
PUDs shall be I50 feet. When there are unique �'4uld otherwise ser4e the area.
physical limitations of the property fncluding but 2. Access tracts and/or easements can only
no[ limited [o steep slopes.,significant vegetation, be created through a plat process pursuant to Chap-
or sensitive environmental areas that would be ters 17.06 and 17.14 ACC. Ownership and mainte-
impacted less if a longer pantiandle length were nance responsibilities will also be determined as
provided then the planning director may allow part of the plat process.
additional length. The planning director may also 3. The mazimum number of lofs to be
allow for additional length if there is an existing served by one access tract shall be six. There shall
intervening parcel of the properry (that has a lot be no parking allowed within the access tract
depth greater than 150 feet) between the proposed unless it meeu the privare street standards of S.ec-
panhandle lot and the abutting street. There shall be tion 2.05 of the Design and Constrdction Standards
no limitation of length within the other zoning dis- Manual. If a lot abuts both an access tract and a
tricts of the ciry. public or private street then the front lot line shall
2. The minimum width of a panhandle be oriented to the public or pnvate sqeet.
access.for one single-family home shall be 20 feet 4. All access tracts and/or easements must
and the minimum pavement width shall be I 1 feet connect to a public street and the maximum length
shall be 1 SO feet as measured from the edge of the
(Revised v02) 18-60.2
Aoburn Cit�� Code 18.a81130
public sveei rioht-of-��a�. .�dditional len�th mav C. The gated streets are to be privatelj o�±•ned
be allowed if the unique ph�sical limitations of the and maintained. The pri��ate streeis must hoH•erer
propem includine but not limited to steep slopes. meet the same design. cons[ruction. and public
sienificant ��esetation. or sensiiive emironmental facilitv esrension standards required of public
areas would be impacted less if additional length streets. includin_ appro�•al of the construction b�
w�ere pro��ided. The access tract shall not allow for the ciry.
throueh vehicle access. Private streeis are onl� allo�+-ed to sen�e more �
�. Pri�ate access tracts and or easements than six lots if pan of a oated residential subdi.•i-
shall meei all ihe conswc�ion s�andards of pri�ate sion.
sireetc as contained in Szcuon �.Oi of the llesi_n D. A leeall� incorporated propzm o�cners'
and Construction Standards Manual: except an association must be e"stablished and assume the
access tract that sen�es up �o four dwelling units responsibilitv and cost to repair and maintain the
shall be a minimum of 20 feet wide and �he pave- proposed pri��ate street(s)and gate(s).The propert�
ment width shal] be a minimum of 18 feet unless owners must also agree to maintain a policy of lia-
the access is needed for a fire lane then a 20-foot bility insurance in a minimum amount of
pavement width is req"uired. An access tract that $1.000.000 of which the ciry is named as insured to
serves more than four du-elline units shall be 24 protect the city. from any daims that may result
feet wide and the pa��ement ti�idth shall be 20 feet. from the property owners' utilization of a eated
C. Emergency Access Provisions. Irrespective roadway, including but not limited to malfunctions
of the requirements of this section. additional pro- of the gate.
visions may be required if needed to provide for If the association fails to maintain the street(s)
adequate emergency access as determined by the the by-laws of the association mus(give the city the
Aubum fire marshaL The additional provisions right to maintain the street(s)and charge the cost of
may include but not be ]imited to.providing for the maintenance, including any administratiVe
tumarounds. additional access tract .+-idth. fire costs, to the association members.
Hydrants or sprinklerine qf the buildine.(Ord.5�33 Ttie by-laws establishine the associa[ion must '
§ 1,.2001.) state that if fumre owners should request the pri-
vate:street(s)be chaneed to public then the owners
— 1$.48�140-Gated-residential-subdivisions. --fully-aeree-that:�efore-the- aacep�ance-of-sueh- '
The street(s) within a residential subdivision streets by the city. the owners will bear the full
may be a,llowed to 6e,gated pursuant to ihe follow- expense of reconstruction or any other action nec-
ing: essary to make the streets substantially consiseent
A. Gated streets cannot ad��ersely affect the with the requirements of public streets. applicable ,
automobile or pedestrian traffic of an existing or at the time.
fumre neighborhood. This will be determined by If at any time the private streets are convened to
(1)the use of gated streets would not cause discon- public s[ree[s then the eate(s) sHall be removed.
tinuity in the existing or proposed public street sys- E. At the time of application for a preliminary
tem(i.e.. street IayouQ includine pedestrian vaffic. plat or plat alteration the applican[ shall address
(2) the use of gated streets cannot preclude public and provide evidence that those items as required
street access to other propenies. and (3) the use of in subsections A. B. C. D. and F of this section
gated streets would not distribute an unacceptable have been fulfilled.A preliminary plat orpla[alter-
amoun[ of traffic through an existing or future ation shall not be approved unless it is found to
neiehborhood than would otherwise result if ineet the requirements of this section.
through public streets were dsed. F. Design Standards for All Envy Gates to Res-
B. Gated residential subdivisions of more than idential Developments Including Residential Sub-
four lots can only be permitted as part of the plat divisions, Apartment Complexes, Condominiums,
process pursuant to Chapter 17.06 ACC. Existing and Mobile Home Parks.
plats. proposed to.be gated. must go througih a plat 1. A vehicle turnaround, tumout or similar
alteration process pursuant to Chapier !7?? ACC mechanism shall be provided in front of the gate.
as well as meet all the requirements of this section. The entrance to the proposed gate shall be designed
Shon plats. proposed or existing, need only meet and stamped by a licensed registered traffic engi-
the requirements of subsection F of tliis section in neer and shall allow for a safe tumaround for vehi-
order to be gated if a pri��are street serves all lots. cles in front of the gate in cases where the vehicle
is denied entry. T'he design for the gated entrance
shall consider the abutting public roadway align-
15-60.2a �aev�sea yos�
18.48.150
ment and erade. sight discance. posted speeds and comprehensive plan. This area is generally west of
other traifc eneineerine criteria relevam to design- "A° Street Southwest and Auburn Way,excluding
ing the panicular gaied entrance. The proposal the dow�ntown plannine area.Such facilities should
shall be reviewed for appro�al by the ciiy en@ineer. be loc�ied in relationship to vansponation facili-
2. Gate cons[ruction shall be of wrought ties in a manner appropriate to their vansponation
iron or similar material approved b�� the planning needs. Extensive bufferine from adjacent uses ma}•
director and be constructed in such a manner to be required.
allov.• for viewine of obstrunions located u-ithin C. Dispersion Criteria.
the s�s•ing path of the eace. The s�+-ing paih of the 1. The loi line of am� new or expandin�
ea�e sha11 be a��av from or parallel with the vehicle SCTF shall be located:
approaching ihe eaie. The gaee and accessorv a. One thousand feet or more from an��
eguipment shall be coated to preven� corrosion. residential use; and
3. If the entry ga�e(s) obswcts access to b. One thousand feet or more from anv
solid waste collection, public water, sewer, or group residence faciliry as defined by ACC
storm water utilities owned and maintained by the 18.04.440: and
city, then a property ou•ner or homeowners' asso- c. Not adjacent to a parcel containing nor ,
ciaiion will be responsible for assuring that 24- within the line of sight of any of the following:
hour access is pro��ided to the cit�•. The ciry's pub- i. Any accredited public. private_or ___,__—_ __ _
Gc works director shall determine a specified num- parochial school;
ber of activation keys.activation devices or receive ii: Any religious instimtion in exist-
the access code to the ga[e which shall be dis[rib- ence as of the effective date of the ordinance codi-
uted to the appropriate ci[y depanments. If the fied in this section;
access method to the gate is subsequendy modified iii. Any public pazk, publicly dedi-
then the property owner or homeowners' associa- cated trail,sports field,playground,or recreational
tion shall notify the public works director and or community center;
again provide to the public works director a speci- iv. Any licensed daycare center.
fied number of ac�ivation keys. activation devices nursery school or preschool as defined by .ACC
or the access code to the gate which shall be distrib- 18.04.290:
�ied�o-�he-appropriate ci��-depanments. i �—Arty scfiool�usstopin existence at —
4. Emergency Access Pro��isions. Gates the time the facility is proposed;
shall have rapid entry key capabilities as approved vi. Any public library: and
by the fire marshal. 7'he gate shall provide for 20 vii. Any other facilities as identified
feet of clear passage for emergenc�� access with a by the SCate of Washington Department of Social
minimum clear height o( not less than 16 feet 6 and Health Services following the hearings on a
inches in accordance with WSDOT Design Manual potential site as required in RCW 71.09315;
Section 1120.04 "Bridge Site Design Elements" d. One mile or more from any work
paraeraph 5(a)I. Elecvically operated gates shall release, prerelease or similar faciliry.
have the capabiliry to automatically default to the 2. The distances provided in this subsection
unlocked (open) position in the event �•i a power shall be measured by following a stnight line.
outage. (Ord. 5557 § l. 2001.1 without regard to intervening buildings, from the
nearest point of�he propeny parcel upon which the
18.48.150 Secure communih� transition proposed use is to be located or expanded to the
facilities. nearest point of the parcel of property or the land
The following siting and per(ormance standards use district boundary line from which the proposed
shall apply to all secure community transition f5cil- land use is to be separated.
ities (SCTFs) as defined in RCW 71.09.020: 3. The "adjacent to a parcel containing nor
A. Maximum Number of Residents. No SC7F within the line of sight" criterion is a minimal
shall house more than 15 persons. excluding resi- euideline established to ininimize the access
dent staff. befween an SCTF and a"risk potential activity"as
B. Siting Criteria.As an essential public faciliry defined in RCW 71.09.020. That criterioq rtiay be
of regional or statewide importance. any SCTF altered depending on ropographic conditions, size
shall be sited consistent wi}h the essential public of parcels, or substantial intervening barriers to
facilities process in the Auliurn comprehensive acress(e.g., a river).
plan and shall be located in the region serving area D. A conditional use permit application for an
of Aubum, as defined and mapped in the Auburn SCTF shall be accompanied 6y the following:
(Revised vo3) 18-60.2b .
Auburn Ciry Code
18.50.030 .
1. The siting process used for the SCTF, Chapter 18.50
including alternative locations considered;
2. An analysis showing that utmost consid- LANDSCAPING AND SCREENING
eration was given to po}ential sites such lhat siting
of the faciliry will have no undue impact on any Sections:
one racial, cultural, or socio-economic group, and 18.50.010 Intent. ,
that there will not be a resulting concentration of 18.50.020 Scope.
similar facilities in a panicular nei@hborhood. 18:50.030 Definitions.
community,jurisdiction, or region; 18.50.040 Types of landscaping.
3. Proposed mitigation measures; I 8.50.050 Regu]ations 6y zone.
4. A detailed plan that demonstrates how 18.50.060 General landscape requ'uements. .
security for the facility and the residenu will be 18.50.070 Landscape maintenance requirements.
addressed,and how the securiry plans will be coor-
dinated wit6 local emergency personnel; 18.50.010 Intent.
5. A detailed plan on how the proposed The intent of this chapter is to provide minimum
operating rules for the faciliry will be developed landscaping and screening requirements in order to ,
and coordinated with local emergency personnel; maintain and protect property values, to enhance '
6. A schedule and analysis of all publie t}ie ci.ty's appearance,to visually unify the city and
input solicited or to be solicited during the siting its neighbofioods,to improve the character of cer-
process, including assurance that comments are tain azeas of the ciry, to reduce erosion and storm
reviewed and adequately rgsponded to; and water runoff, and to maintain or replace existing
7. A preliminary landscaping plan that vegetation and to prevent and abate public nti-
shows how the proposal intends fo meet ttie sances. (Ord. 4914 § l, 1996;Ord.4773 § I, 1995;
requirements of the zone in which it is loca{ed, in Ord. 4229 § 2, 1987.)
order to comply with state regulations for siting an
SCTF and in order tb provide appropriate visual 18.50.020 Scope.
separation between the SCTF and neighboring laqd. A. 7�his chapter applies to all uses and activities .
asessuchlhat�mgacts to_residents_of an SCTF by developed in the city excluding single-family and _
neighboring manufacturing uses aze mitigated. duplex units on individual lots.
7'hese pioposed materials shall be reviewed by B. When additions,alterations,or repairs ofany
the planning director in consultation with the chief existing building or swcture exceed 50 p6rcent of
of police and the city attorney."I'he planning direc- the value of the building or structure, or a residen-
tor shall include in any reeommendation on the tial use is converted to a nonresidrntial use, then '
requested conditional use permit an analysis of the such building or swcture shall be considered to be
proposal as they may relate to the findings of fact - . a new use arid landscaping provided accordingly,
requued_andar_ACC_1.8.64.040. (Ord. 5690 § 4, provided, t6at ifany existing foundation or fence
2002 J __ _ layout precludes full compliance 6erewit6,then the
landscaping requ'uements may be modified by the
planning d'ucctor. (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 haJe the following meaningsi
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 heigtit at the time of planting and may
include either broadleaf or conifer;
C. "Groundcover" means low evergreen or
deciduous plaMings plan}ed at three-foot spacing,
. in al] directions;
D. "Shrubs" are a minimum of 18 to 24 inches
in height,or two gallons, at the time of planting;
18-60.2c (Revised_3/04)
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_-_ -- --- — ---- - ---
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i - - -- –
(Revised 3I04) 18-(I�.Zd
Auburo City Code
18.50.050
E. "Significant vees" means a healthy ever- 1850.050 Regulations by zone.
green tree,six inches or more in diameter measured A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2,
tour feet above giade; or a healthy decidoous vee R-3, and LHR3 Disuicts. Landscaping shall only .
four inches or more in diameter measdred four fee} be required in conjunction with a conditional use
above grade. The planning director may authorize pertnit..The rype and amount to be determined at .
the exdusion of any si�i5cant tree which for the that time the CUP is approved.
reason of public fiealth, safery or reasonable site B. R� and LHR4 Distric�s.
development is not desirzble to maintain. (Ord. 1. Street frontage: five-foot width of Type.
4914 § I, 1996: Ord. 4229 § 2, 1957.) III;
2. Adjacent to R-R, R-S, LHRS, R-1,
1850.040 Types of landscaping. LHR1,R-2,orLHR2 zone:five-foot width of Type
A. Type I-Solid Screen. Type 1 landscaping is III, adjacent parking or driveways will require a
intended to provide a significant sight barrier ro five-foot width of Type II;
sepazate incompatible uses. 7'ype I landscaping 3. Adjacent to R-3 or LHR3 zone: five-foot
shall consist of evergreen trees or tall shrubs, a width of Type IV, adjacent pazking or driveways
minimum of six feet in height at the time of plant- will require a five-foot width of Type III.
ing,which will provide a 100 percent sight-obscur- C. RO and RO-H Districts. �
ing screen within three years from the [ime of 1. Svee)frontage: 10-foot width of Type III;
planting; or a comtiination of eoergreen trees or 2. Adjacent to R-R, R-S, R-1, R-2, or R-3
d'eciduous trees. planted ?0 feet on center with no zone: 10-foot width of Type III, adjacent parking
more than 30 per�ent beiqg deciduous and backed or driveways will require a 10-foot width of Type
by a 100 percent sight-obscuring fence. In addition II;
to the Vees, .shrubs shall be planted at four-foot 3. Adjacent to R-4,R-MHP: five-foot width
spacing, in all directions, and groundcover pro- of 7'ype IV, adjacent parking or driveways will
4ided. reguire a five-foot width of Type III.
g. TypeII-VisualScreen.Typelllandscaping D. I, LHI. C-1, LHCI, G2. C-N, P-1, and
is intended to create a visual separation between LHPI Disvic}s,
__. -__.—different_uses_or_zones. Type II la_n_dscaping shall 1. Street frontage: five-foot width of Type .
consist of evergreen and deciduous trees, with no III, no street rontage a��ng'is required for- -
more than 50 percent being deciduous, planted 20 the G2 zone except for parking lots and as may be
feet on center. In addition to the trees. shrubs shall reqdired by ACC 18.28.050(F);
be planted at tfiree-foot spacing, in all direc�ions, 2. Adjacent to R-R, R-S; LHRS, R-1,
and groundcover pro�•ided. LHR1, R-2, LHR2. R-3, or LHR3 zone: five-foot
C. Type lll - �'isual Buffer. Type ]il landscap- width of Type Il. adjacen} parking or driveways
ing is intended to pro�ide a visual separation of will require a five-foot width o(Type I;
uses from the sveet and the visual separation of 3. Adjacent to R-4, LHR4. RO, RO-H. R-
compatible uses. T.j�pe 111 landscaping shall consist MHP. or LHRMHP zone: five-foot wid[h of Type
of evergreen and deciduous trees. with no more III, adjacent parking or driveways will require a
[han 75 percent heinc deciduous.planted 30 feet on five-foot width of'fype II.
center. In addition to the trees. shrubs shall be E. C-3. LF Districts.
planted at four-f�ot spacing in all directions, and I. Street frontage: fi4e-foot width of Type
groundcover pro�ided. lll:
D. 7'ype IV - See-Through Buf(er. Type IV Z. Adjacent to R-R. R-S, R-I. R-2, or R-3
landscaping is imended to provide a visual relie( zone: 10-(00� width of Type Il, adjacent parking or ,
between compatible uses. Type IV landscaping driveways will require a 10-foot width of Type I;
shall consist of deciduous trees. planted 30 feet on 3. Adjacent to R-4, RO, RO-H or R-MHP
center, shrubs pl�nted �t four-foot spacing. in all zone: 10-foot width of Type Ill. adjacent parking
directions. and groundcover provided. (Ord. 4914 or driveways will require a 10-foot width of Type
§ 1, 1996;Ord.4303 y I(341. (35). 1988;Ord.4229 Il;
§ 2, 1987.) 4. Outdoor storage yards adjacent to any C,
P,] or M-1 zone..
F. M-1 District.
1. Stceet 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
18-60.3 (aev�sed �voo)
1850.060
the additional ]0-foot width of Type III landscap- B. Driveways and Pedestrian Walkways.Land-
ing,a Type II landscaping may be provided; scaping is generally required along all street front-
2. Adjacent to any R zone: 10-foot width of ages with the exception of driveways and pedes-
7'ype I; trian walkways within the property.
3. Adjacent to I,C-1,G2.P-I,or C-N zone:
10-foot width of Type Il, adjacent ouidoor storage
yards will require a ]0-foot width of Type I;
4. Adjacent to C-3. LF zone: 10-foot width
ot Type IA. adjacem ouidoor 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 ]0-foot width of'fype.lII
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.
G. M-2 District.
1. Sveet frontage: 10-foot width of Type IIl;
2. Adjacent to any R zone:30-(oot width of
Type I:
3. Adjacent to I,C-1.C-2.P-l,or C-N zone:
10-foot width of Type II. adjacent outdoor storage
yards will require a 10-foot width of Type 1;
4. Adjacent to C-3. or LF zbne: 10-foot
width of Type R, adjacent outdoor storage yards
will require a 10-foot width of Type 1:
5. For those buildines ihai have frontage on
_a st[eet a_minimum_of_a 1_0-(oot_width of Type ll_,_
- -- ---- . ..__
_.... - -- - - -�—
landscaping shall be placed next to the building. �
H. BP Disvict. The amoum and iype of land-
scaping shall be determined at the time of the
approval of the business park. The landscaping
requirements shall howe�er be euided by the M-I
requirements and a minimum of IS percent of the
business park shall be landscaped. (Ord. 5342 § Z.
?000; Ord. 4914 § I, 199G: Ord. 4304 § 1(36) -
(39). 1988: Ord.4229 § '_- I 987.)
18.50.060 General landscape requirements.
A. Application. A landsc�pe plan shall be
reguired and shall be •rccurately drau n using an
appropriate engineerinc scale �nd shall i_Ilustrate
the following:
I. Adjacent.s[reeis. public and priva�e:
2. Boundaries and dimensions o(site:
3. Location of on-site buildings;
4. Location of on-site parkine areas;
5. Location and size o(landscape a�eas;
6. Location, species and size of plan�ing
materials;
7. Location of outdoor storage areas:
8. Location of significant trees:
9. Location of water source(s).
(ae��sed t2roo) 18-60.4
Auburn City Code 18.50.060
C. Fences. When fences and landscaping are required in ACC I8.50.050(A) through (H) for
required along the property line,the fence shall be street fronfages;
set back of the 7andscaping if the fence abuts a 2. All lots with more than 12 spaces, a ]00-
street, so as to not obscure such landscaping. At squaze=foot planter area shall be required at the end
other property lines the landscaping shall be of each single row of parking, but in no case shall
located to serve the greatest public benefit. there b:e more than 10 parking spaces behveen any ,
D. Irrigation. No ponion of any landscaped requued planter area. The location of the planter
area shall be locaied further away than 50 feet from area may be varied upon evidence submitted which
a source of water adequaie to irrigate�he landscap- shows that ihe fntent of the landscaping require-
�ng, ments have not been lessened. Any variation must
E. Lawn Substitution. Sodded lawn may be receive planning director approval;
substimted forthe required shrubs or ground cover 3. Each planter area shall contain at least
but all portions of the lawn area must be served by one tree, a minimum of one and one-half to two
an automatic irrigation system. inches in caliper. For planter areas in excess of 30
F. Maintenance. feet in length, more trees aze required and shall be
1. 'I'he property owner shall be responsible spaced not further than 30 feet apart;
for replacing ariy unheal}hy or dead plants for a 4. Each planter azea shall contain shrubs,
period of two years after the initial planting. spaced three feet on center, and be a.minimum of
2. The building officia]shall require a main- one gallon in size;
tenance assurance deviFe for a period of one year 5. Residential pazking lots with five or less
from the completion of planting in order to ensure spaces, and nonresidential parking lots, with three
compliance with the requirements of this section. or less spaces,shall be exempt from the parking lot
The value of the maintenance assurance device landscape reqwrements.
shall equal at least 50 percent of the total landscape I. Performance Assurance.
materials. 1. The required landscaping must be
3. If the landscaping is not being properly installed prior to the issuance of the cenificate of
maintained,the properry owner shall be so notified occupancy unlesg the building official determines
— by the city.1f afler.30 days from.the city's notifica—_ _._—thaLa_Re[formance assurance deyice will ade- �
tion the landscaping is still not being maintained quately protect the interests of the city;
then the maintenance device may be used by the 2. The performance assurance device s6a11
city to perform any rype of maintenance necessary only be valid for a 120-day period and shall have a
to insure compliance with this chapter. value of ]00 percent of the estimated cost of the'
4. 'fhe maintenance assurance device shall landscaping to be perFormed. If the landscaping
be accompanied by an agreement granting the city has not been installed after the 120 days then the
and its agents the right to enter the property and, assurance device may be used by the city to per-
perform any necessary work. The agreement shall form any necessary wark to implement the land-
also hold the city harmless from all claims and scape plan;
expenses, including attomey's fees. 3. 'T6e pertormance assurance device shall
5. Upon completion of the one-year mainte- be accompanied by an agreement granting the ciry
nance period,and if maintenance has not been per- and its agents the right to enter the property and
formed by the ciry, the ciry shall release the perForm work. The agreement shall also hold the
maintenance assurance device. ciry harmless from all claims and expenses,includ-
G. Outdoor Storage.0utdoor storage yards that. ing anomey's fees;
are visible from a street or are adjacent to residen- 4. Upon completion of the required land-
tially zoned property shall be screened by a mini- scaping by the property owner the ciry shall release
mum of a five-foot width of Type I landscaping. the performance asswance device.
Additional width may be required to comply with J. Private Property. All required landscaping
ACC 18.50.050. shall be located entirely on private propetty.When
H, Parking Lots. landscaping is required to separa}e adjacent uses,
1. A plan[er area shall be required along the the landscaping shall run the full length of the adja-
ent've street frontage(s), ezcept driveways and cent property.
walkways;provided,that no sight obscuring plants K, Sight Hazards. The building official and/or
will be allowed whenever safe sight cleazance is ciry engineer may re4iew and modify landscape
necessary for ingress and egress from a..public plans which may aftect visibiliry for ingress, or
street. T'he width of the planter area shall be as
]$-61 (Revised 3/04)
18.50.070
egress, comer ]o{s or other interseaions. Any similar species of the plants being replaced, unless
reduction of landscaping shall be made up else- altemate species are approved by the planning
where on-site. director.
L. Significant Trees. All significant trees; as D. Pruning of trees orshrubs done to alleviate
defined by ACC 18.50.030(E), shal] be reiained documented public health and safery is permissible
and inade pan of the landscape plan. and shall not be considered a ci4i1 Jiolation; pro-
M. Species. 'Ihe applicant shall utilize plant vided, that documentation is provided to the ciry �
materials which complement the natural character that a public health or safery concern exists.
of the Pacific Nonhwest. E. The property owner oT designee shall coriec)
N. Landscaped Berms. In addition to ihe mini- the infraction or provide a schedule tha� defines
mum landscape requirements of ACC 18.50.050, how and when the infraction will be corrected
landscaped berms may be required to mitigate any within the time provisions defined by C6apter 1:25
impacts associated with a specific project. The ACC. (Ord. 5777 § I, 2003.)
berms may be applied through an administrative or
conditional usb perrnit, conqact rezone, or as a
condition assoeiated with a mitigated determina-
tion of nonsignificance or environmental impact ,
statemrnt. The minimum height of the earth creat-
ing the berm shall be three feet and have a slope no
g{eater [han two-foot horizontal to one-foot verti-
cal. (Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
1850.070 Landscape maintenance
requirements.
A. Landscaping, including , trees, shrubs,
groundcover, or grass, planted es a requirement.
pursuant to this title,ACC'fitle 16 or ACC 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 grow-
ing condition, and shall not adversely affect the
healthy living condition of the plant or excessively
damage the natural growing pibcess.
B. Violation of these provisions shall be pro-
cessed in accordance with the procedures defined
underChapter 1.25 ACC. The property owner or
designee responsible for corTecting the violation
shall provide a correcdve acuon plan ttiat defnes
how And when the infraction will be corrected
witliin the time provisions defined by Chapter 1.25
ACC.
C. The corrective action plan shall be subject to
the following replacement ratios:
l. For plants that have died, replacement
vegetation shall be at least I 50 percent of the plant-
ing size required of the subject plant material at the
time of plan6ng. 7'he plants shall be of the sazne or
similaz species to those plants being replaced,
unless altemate species are approved by the plan-
ning director.
2. For trees or shrubs that have been exces-
sively pruned, replacement vegetation shall be at
least 200 percent of the size of the tree or shrub that
was reguired by city regulations at t}ie time of
planting.'f'Fie trees or shrubs shall be of the same or
(Revised 3io4) 1$-62
Aoburn Ciry Code 18.52.010
Chapter 18,52 not required by this chapter except as proyided in
ACC 18:52.060(A)and(B).
OFF-STREET PAR1CiNG AND LOADING 5. For existing parking lou that are resur-
faced in excess of 50 percent of its area, then at
Sections: least five percent of the entire parking area shal]be
18.52.010 General. landscaped consistent with Chapter I8.50 ACC. ,
18.52.020 Required off-street_parking- 6. If existing parking]ou are restriped,then
Minimum standards. the new layout of the parking spaces shall be the
18.52.030 Reductions of the quantity of required same as the pre��ious layout or, if changed, then the
parking. changed layout shall contorm to the existing
18.52.040 Drive-in businesses. dimensional requirements of this chapter.
18.92.050 Off-street parking area development B. 7'hese regulations shall not be retroactive to
and maintenance. include any building or use existing at the time of
18.52.060 Development of required off-sVeet passage of the ordinance codified in this chapter,
parking spaces for single-family except as follows:
dwellings. 1. When a building is located on a different
l8.52.070 Off-street parking lots-Location. site, there shall be provided off-street parking and
18.52.080 Repea(ed. loading spaces as required for new buildings.
18.52.090 Pazking space dimensiona] 2. When ttie number of units is increased by
requiremenu. alteration or addition to a dwelling or other struc-
18.52.100 Ezisting ofi street parking reduction. ture containing sleeping rooms,there shall be pro-
18.52:110 Fractional spaces. vided off-street pazking and loading spaces for
18.52.120 Parking in front or side yards- such additional uniu. When there are other alter-
Prohibited generally. ations to a residential swcture,the requiiements of
18.52.125 Stacked pazking. tivs chapter shall apply whenever the value of such •
18.52.130 Off-street loading space. alterations or the cumulative value of p"revious
alterations afler the effective date (April 1, 1997)
18:53:010-General.- ---- ^f�he_ordinance-amending_this_section exceeds 50__.__.
A. OtT-street pazking and loading lots sfiall be percent of the assessed valuation of the swcture.
provided in accordance with the following provi- 3. When there are alterations or additions to
sions of this chapter for every building or use here- a nonresidential building outside the G2 zoning
after erected, altered, enlarged, or relocated. districl, there shall be provided ofi street'parking '
1. Any new building, use or structure shall and loading spaces for any increase,including any .
provide the requued parking to the standards spec- cumulative increase of previous additions or alter-
ified in this chapter. 7'he provision of additional ations after the effective date(Apri! 1, 1997)ofthe
pazking is not required for a change of use in exist- ordinance amending this section, in the gross tloor
ing buildings in the G2 zoning district. azea or number of seats, bowling lanes or class-
2. Whenever a new building replaces an rooms therein, except that when the aggregate
existing building or there is an expansion of an number of spaces required for such alterafions or
existing building within the G2 zoning district,the additions is five or less,t6e ofT-street pazking need
requiremenu of this section shall apply only if not be provided.
there is an increase in floor azea of 25 pereent or 4. Whenever any existing, nonresidential
more (including the cumulative increase of previ- use in a building outside of the C-2 zoning district
ous expansions after the effective date (April 1, is changed to another use in the same building, the
1997)of the ordinance amending this section). requiremenu of this section shall apply in fiill to
3. Any parking lot hereafter physically lhe new use if and only if the change in parkiag
altered shall comply with all of the provisions of requirements between the ald and new uses is
this chapter, except that suc6 lot which provides greater than five spaces.
five percent of its area in landscaping shall be 5. Whenever there is a change from a resi-
deemed to corriply with ACC 18.50.060(H). dential use to a nonresidential use in an existing
4. Any parce] of land that is used or is building;the requirements of this title shall apply
intended to be used as a pazking area shall be in full to the new use;except that the hearing exam-
improved purspant to the provisions of this chap- iner by means of a special exception may deter-
ter. 'this shall inclade all parking areas whether or mine that a portion of the residential swcture
cannot be effectively utilized by the proposed com-
18-63 (Revised 3104)
18.52.020
mercial use and such area then may be excluded units, one saeened space for each 10 dwelling
from the gross iloor area used to compute the park- units shall be provided for recreational vehicles;
ing requirement. � 4. Mobile homes,one parking space pei one
C. The required parking and/or loading shall bedroom and two bedroom units, two pazking
have reasonable access to a sveet or alley and a spaces per three or more bedroom units. Within
capacity according to the use of the building listed mobile home parks, parking space shall not be
in the following sections. allowed within required setbacks: recreation and �
D. Where a use is not lisied,the planning direc- laundry areas shall piovide ofGstreet parking
tor shall determine the number of requited parkinF spaces equal to one per each 10 mobile home sites
and/or loading spaces based upon similar uses for within the development;
which the requirements are specified. 5. Boardinghouses and lodginghouses; one
E. Removal of required parking and/or loading pazking space for the proprietor plus one space per
spaces from practical use by otistruction, erection sleeping room for boarders and/or lodging use plus
of buildings,or other aetions as to reduce the park- one additional space for each Cour persons
ing and/or loading capaciry or usefulness thereof employed on the premises;
below the miniinum requiremenu established in 6. Fntemities, sororities, and dormitories:
this chapter is prohibited. one parking space for each four beds; •
F. "Gross floor area" includes all iloor area 7. Multifamily dwellings, for the elderly,
within the exterior walls of the building including operated under contract with a public agency or
area in halls,storage, and partitions,but excluding subsidized under a state, local or federal program:
fumace and similaz utiliry spabe used solely to one parking space for each four dwelling uniu, a
maintain the building for occupancy. minimum of four spaces shall be provided.A bind-
G. "Parking area" includes the parking spaces ing legal agreement must be executed guaianteeing
together with driveways and the access to a street. iha}the dwellings will be used exclusively for this
H. "Gross ]easable area"is the gross floor area use. The agreement shall be approved by the city
reduced by the azea of public lobbies, common anomey and recorded at the appropriate King
mall areas, permanenNy designated corridors, and Counry office, for properties located in King
atriums or courtyards_provided solely for pedes-_ County, or _recorded at 'the appropriate_Pierce ____
trian or merchandise access to the building from County office, for properties located in Pierce
the exterior, and/or foi aesthetic enhancement or Counry.
natural lighting purposes. (Ord. 4949 § 1, 1997; B. Commercial Activities.
Ord. 4229 § 2, 1987.) I. Auto, boat, or recreational vehicle sales
or leasing,new or used:one space per 5,000 square
18.52.020 Required off-street parking— feet of outdoor sales area, one space per I,000
Minimum standards: square feet of showroom and services facilities, _
7'he nurober of off-street parking spaces shall be and one space per each 250 squaze feet of office
determined for each principal use of the land, azea, but in no case shall there be less than six
building, or structure.. For ancillary uses to the spaces provided. T6c outdoor sales area shall lie
principal use, required parking shall be calculated paved in accordance wit6 ACC 18.52.050(A) and
the same as for the principal use, or as othenvise landscaped in accordance with ACC 18.50.060(H)
provided for in this chapter. Parking requ'uements (1);
in downtown are eligible for a reduction pursuant 2. Repealed by Ord. 5777; -
to ACC 18.52.030(A). 3. Food retail stores and mazkets: one pazk-
A. Residenual. ing space per 200 square feet of gross floor area, a
. l. Single-family:one parking space per two minimum of six parking spaces shall be provided;
bedroom dwelling,two parking spaces per three or 4. Mini-marts and self-service gas stations:
more bedroom dwelling; one parking space per 200 square feet of gross tloor
2. Tivo-family (duplex): one and one-half area in addition to pump island spaces;
pazking.spaces per one bedroom and two bedroom 5. Health and physical fitness clubs: one
living units, two parking spaces per Uuee or more space per 100 square feet of gross floor area;
bedroom living units; 6. Laundry, self-service: one pazking space
3. Multifamily: one and one-half paiking per Cour washing machines, a minimum of five
spaces per one bedroom and two bedroom uniu, parking spaces shall be provided;
two parking spaces per three or more bedroom
units, for developments in excess of 50 dwelling
(Revised 3I04) . 18-64
Auburn City Cade 18.52.020.
7. Manufactured home sales lots: one space l. Manufacturing,research and testing labo-
per 5,000 square feet of outdoor sales area,and one ratories, creameries, bottling establishments, bak-
space per 250 square feet of office area; eries,canneries,printing,and engcaving shops:one
8. Mortuaries or funeral homes:one parking pazking space per I,000 square feet of gross floor
space per four seats in the assembly area,computed area;
as seven square feet of f]oor area per seat; 2. Warehouse and storage:
9. Motels, motor hofels and hotels: one and
one-quaner parkine spaces per sleepin� uniL gailding Size Parking Requiremems
10. Motorcycle and oiher small engine vehi-
cle sales and service: one space for each 400 square Up�0 20.000 sq. fi. 1 per 2,000 sq.fi.
feet of gross floor area of the building and one (3 minimum)
space for each 1,000 square feet of outdoor sales
azea. The outdoor sales area shall be paved in 20,001 to ]00,000 sq.ft. 1 per2,500 sq.ft. '
accordance with ACC 18.52.050(A) and land- QOminimum)
scaped in accordance with ACC 18.50.060(H)(1); �
11. Motor vehicle repair and services: one 100,000 sq.ft. and up 1 per 3,000 sq. fl.
parking space per 400 squaze feet of gross floor (4�minimum)
azea,a minimum of three spaces shall be provided;
12. Offices, including professional and 3. Uncovered outdoor storage azeas, which
business, banks and related activities: one space are incidental znd subordiqate to a principal use
per 300 squaze feet of gross 11oor area. Up to 400 t6at otherwise meets the parking requiremems,
square feet of unfinished basement floor area used need not provide additional parking;
exclusi4ely for storage may be excluded from the 4. Office space shall provide parking as
pazking requ'uement. Unfinished basemen} 11oor reguired for offices.
azea is defined as any 11oor ]evel, below the first D. Medical Facilities.
story of a building, which floor level is not pro- 1. Convalescent, nursing and health ipstitu-
vided sufficient]ight, ventilation, exit facilities, or tions: one parking space for each two employees,
.
--sani)ary-facilities,-as.required-for_any_legal_occn-___.__plus_one_spabe�or_each_���ads;__ ___..
_.__..
pancy classification, (See subsection D of this seo- 2. Hospitals: two pazking spaces Cor each
tion for doctor's o�ces, and clinics, etc.); bed, plus parking for nonhospital space computed
13. Personal service shops: one parking as determined elsewhere in this section;
space per 400 squaze feet of gross f]oor area,a min- 3. Medical, dental, and other doctors
imum of two shall be provided; - offices:one space per.200 square feet of gross floor
14. Restaurants, nightclubs, tavems and area.
lounges: one space per ]00 square feet of gross E. Public Assembly and Recreation.
floor azea; 1. Assembly halls, auditoriums, stadiums,
I5. Shopping centers: one parking space per sports arenas, and community clubs: one parking
250 square feet of�oss leasable 11oor azea; space per three Tixecl seats; where fixed seats con-
16. Video azcades: within a range of one sist of pews or benches, the seating capacity shall
space per three video machines and one space per be computed upon not less than 181ineaz.inc6es of
one machine as may be determined appropriate by pew or bench length per seat. Where movable
the planning director, considering availabiliry of chairs are provided, eac6 sevrn square feet of the
existing pazking,the nature of related business,and floor area to be occupied by such chaits shall be
expected clientele of the arcade; considered as a seat;
17. Other retail establishments, including 2, Bowling alleys; five spaces per bowling
but not limited to appliances, bakeries, dry clean- lane, additional pazking for food and beverage on
ing, fumiture stores, hardware stores, household same premises shall be required as,per subsection
equipment ser4ice shops, clothing or shoe repair (B)Q4)of this section and for spectator or assem-
shops: one pazking space per 500 square feet of bly seating as per subsection(E)(1)of this section;
gross iloor area; 3. Churches: one pazking space per five
18. Private lodges,with no ovemight boazd- seats, in computing seating capacity and require-
ing facililies:one parking space per 100 square feet menu for assembly azea without seau,use require-
of gross tloor area. ments as set forth for assembly halls per subsection
C. Industrial and Manufacturing Activities. (E)(1)of this section;
18-65 (Re��sed�oa�
18.52.030
4. Dance halls: one parkirig space per 100
square feet of gross 17oor azea; G2 Zone Dawo�own Citrn'ide
5. Libraries and museums: one parking zsir�d�c�ionotrcquired
space per 250 squaze feet of gross Iloor area; parking(ACC 18.52.030(A)
6. Miniature and/or indoor golf:one parking (IKa)),with en eddi�ionel IS% Yes Ya No
space per hole' �ea�n�o��ro�e�omi orao°ro)if
7. Parks: as determined by the planning 1O4°led wiihin a spetified e'ca �
(ACC 18.52.030(A)(I)(b)1
director and/or hearing examiner on an individual
basis; Mullflumily resideNial use-
8. Skating rinks: one parking space per 400 One space per dwelling unii i'es ves No
squaze feet of gross iloor area. (acc issz.o3o�n>�z»
F. Educational Activities. �o���se otP�t�g�ncc No tuo v�
I. Elementary and junior high schools: one �g sZ 03aB11
and one-half parlcing spaces for each classroom or Mixed occupancies and shured
teaching station; uses(ACC 18.52.030(C)) No No Ya
2. High schools: one parking space for each
employee, plus one parking space for'each eight R�dy��a o���8 d��a s��ay Y� Y� Y� ,
students; cACC issz.o3oc�))
3. School auditoriums, stadiums and sports Valei pnrking(ACC 18.32.030
arenas: see reguirements as set t'orth in subsection (E)) ves ves v�
(E)(1)of ttiis section; , '
4. Colleges and universities:upon review 6y A. Downto�vn.
planning director and hearing examiner; 1. The city'.s goa] is to have a "pedestrian
5. Nursery schools and daycare centers: one oriented" downtown. Due to the high level of
parking space for each employee,plus loading and accessibility,multiple-pwpose trips are likely to be
unloading areas; � common. Therefore, parking ratios required else-
6. Business and/or beaury schools: one wh_ere in the ciry can be reduced within the down-
parking space per 200 squaze feet of gross floor_ town. For areas located in proximity to the transit
-- —._.. --- -- - '
area. station, pazking requirements can be fUrther
G. OtherUses. For uses notspecifically identi- reduced due to the availabiliry of transit service.
fied in this chapter, pazking shall be provided as Therefore;
speciied for the use which, in the opinion of the a. The parking requirements of 'ACC
planning duector, is most similar to the use under 18.52.020 are reduced by 25 percent for all uses
consideration.(Ord.5777§ 1,2003;Ord.5556§ 1, within the downtown as defined by Comprehen-
2001; Ord. 5170 § 1, 1998; Ord. 4949 § 1, 1997; sive Plan Map 33, except for medical facilities
Ord. 4304 § 1(40), (41), 1988; Ord. 4229 § 2; (ACC 18.52.020(D))and residential uses.
1987.) b. 7'he parking requirement reduction of
subsection (A)(1)(a) of this section may be fiuthtt
18.52.030 Reductions of the quantity of reduced by an additional 15 percenl (for a maxi-
required parking. mum reduction of 40 percenQ for all uses, except
Reductions of the quantiry of required parking for medical facilities(ACC 18.52.020(D))and res-
may be allowed based upon the following provi- idential uses, that are zoned C-2 and C-3 and lhat
sions and the project location as shown in the fol- are located within the following boundaries: west
lowing table: of A Street SE/Aubum Ave.;north of Highway 18;
east of D Street NW/SW (extended south to High-
G2 Zone noworowo cirywia� , �+'ay 18); and south of 2nd Street.NW/NE.
2. The off-sveet parking requirements iden-
Weiver ofparking requircmem tified�in ACC 18.52.020(A)(3)fqr multifamily res-
for chenge of use or if addition Yes No No �dential uses shall be one off=street parking space `
is smalla than 25%otlloor erca per dwelling unit for that azea within the downtown
�ncc iasa.ow�nx�>�a�zp as defined by Comprehensive Plan Map 3:3.
Waiverofpa}kingrequiremrnt 3. Downtown USCS whieh qualify for [tIC
forchangeofuscoraddi�ionsif N/A Ya Yes reduction in subsection (A)(1)(a) or (A)(1)(b) of
five or las spaces(ACC tFiis section shall not receive additional reductions
18.52.010(B)(3)end(4))
(Revised3/04) - 1$-(6
Auburn City Code 18.52.030
through the provisions of subsections B and C of
this section.
4. Pariicipation in LIDs and similar forms of
� property-based financing, which are established
for the express purpose of developing public park-
ing lou or garages, is encouraged. LIDs created
after the effective date of Ordinance No. 5556 may
be used bv benefiting propenies to meet the park-
ing requiremenu. Such propenies shall receive
credit for parking stalls conswcted in such facili-
ties to meet those re,quirements; in direct propor-
tion to that pazcel's participation in ttie LID.
B. ]oint Use of Parking Facilities.
1. A reduction in the total number of
required parking spaces may be allowed when two
or more uses wi}h different peak parking demands
will share a pazking facility.
2. Calculation of Stiared Parking Require-
ments. When joint use of parking facilities is pro-
posed,the number of required parking spaces shall
be deteniiined by the following procedure:
a. Multiply the minimum, parking
requ'uement for each individual use as provided in
' ACC 18:52.020 by the appropriate petcentage
listed in the table below for each of the five desig-
nated time periods;
b. Sum each of the five veRical columns
--for the table; ---- --i------ ----- _ — - - — -— —
c. The minimum parking requirement is
given by the highest sum resulting from subsection
(B)(2)(b) of this section.
18-66a (Revised 3104)
This page left intentionally blank.
(Revised 3I04) 18-666
Auburn Citv Code 18.52.030
Calculation of Shared Parking Requirements
Weekdays Weekends
Night Day Evening Day Evening
D7idnight 9:00 a.m. 6:00 p.m, 9:00 am. 6:00 p.m.
Uses 6:00 a.m. 4:00 p.m. ' Midnigh� 6:00 p.m. 4:00 a.m.
Residential 100% 60% 90% 80°/a 90%
OfficeAndustrial 5% . 100% 10% 10% 5%
Commercial/Recail(non-oftice) 5°/a 70°/a 90% ]00°/a 70%
Hotel/Mo�el 80% 80% 100% 80% 100%
Restaurant(non-fasi food) 10% 50% 100% 50°/a ]00%
EntenainmenURecreation(theaters, ��o�0 40% 100% 80% 100%
bowling alleys,etc.)
Cfiurches 5% 10% 30% ]00°/a 80%
Allothers ]00% - - 100% 100% 100% 100%
3. The provisions in this subsection B of this office for propetties located in King Counry, or
section shall not result in a reduction of more than recorded at the appropriate Pierce Counry office
25 percent from the requiremerits which would for propenies located in Pierce County.
apply in the absence of this subsection. These pro- C. Mixed Occupancies and Shared Uses:
visions shall not-be applied in addition-toithe-park— �__Inthe_case_oinv��r more�rincigal uses___
ing reduction for downtoum (subsection (A)(1) of in the same 6uilding,the total requirements for off-
this section). street parking facilities shall be 75 percent of the
4. 7'his provision shall only apply to resi- sumoftherequiiementsfortheprincipalusescom-
dential uses within the commercial zoriing dis- puted separa[ely. Parking reductions for the down-
tricts. rown (subsection A of this sectionj shall not be
5. The off-street parking facilities to be used added to tNis provision for a reduction in parking
joindy shall be located u�ithin a walkin�distance of requirements.
500 feet of the use which they are to serve. 2. In order for a use to be considered a sep-
6. Reduciions for [lie joint use of esisting arate prinripal uce under the terms of this section,
parking facilities may b;e alJowed where there has the uses mus� be physically and managerially sep-
been a change in use of the ezisting buildin_ that arared in a manner which clearly sets the principal
reduced the parking requiremen[s. Documentation uses a�an a> scparate businesses or operations.
ofthe change in use. the reduced parking require- Various acti.ities associated with single busi-
ment,the number of excess spaces and the analysis nesses shall no� be considered separate uses.
of subsections (B)(1) and (B)(2) of this section 3. Rcquired off-street parking facilities for
must be sabmined [o the planning director for one use shall not be considered as providing
approval. required parking facilities for any other use,unless
7. The concemed parties shall ezecute a joint use parking is approved pursuant to subsec-
binding legal agreement for as long as the joint use tion B of tliis section.
of parking is proposed. The agreement shall be D. Reduced Parking Demand Study.
nonrevocable,and wrinen such that if the joint use I. An applicant may be allowed to provide
parking becomes unavailable,then substitute park- less than the required parlcing spaces by submining
ing meecing all of the requirements of this chapter a parking stiidy that describes how parking demand
mpst be provided or the use must be discontinued. can be met with a reduced parking requirement.
The agreement shall be approved by the ciry anor- Reasons for reducing the parking requirement
ney and recorded at the appropriate King County under this section may include,but aze not limited
15-66.1 (Revised 2l02)
18.52.040
to:(a)dnique characteristics ofthe use,(b)location 18.52.040 Drive-in businesses.
adjacent to transit facilities, or (c) adoption of an All banks, savings and loan associations, food
approved transportation demand management dispensing establishments, and other businesses
plan. which maintain dnve-in faciliqes which are
2. The applicant shall provide a proof of intended to serve customers who remain their
future parking plan which shows the location for motor vehicles during business tran'sactions,or are
all minimum required parking spaces in conform- designed in such a manner that customers must
ance with all applicable requirements. These areas leave their automobiles temporarily in a driving
shal.l be set aside and landscaped or ireated in such lane located adjacent to the facili_ty, shall proJide
a mannerso that they may not be used for parking. stacking space for the stacking of motor vehicles as
The city may require installation of some or all of follows:
the additional spaces whenever a need arises. If the A. Stacking Space. The drive-in facility shall
owner failsto comply, the ciry may undenake the be so located that sufficient stacking space is pro-
installation.A bond shall be secured for a five-year vided for the handling of motor yehicles using such
period to cover the costs ofconverting those spaces faciliry during peak 6usiness hours of such a facil-
to parking. The value ofthe bond shall be deter- iry.
mined by the planning director based upon the cost B. Driveway Location. The location of
of installing the initial parking area. entrancesand exi[s shall be determined by the city
3. The parking smdy an8 the proof of future engineer.
parking plan must be approved by [he planning C. Stiopping Centers. When located in a s6op-
duector. A binding legal agreement guaranteeing ping center, drive-in facilities shall provide suffi-
the provisions of this section shall be approved.by cient stacking space to handle peak business
the city anomey and executed and recorded at the demands and shall not in any way obstruct the nor-
appropriate King Counry office for propenies in mal cirwlation pattem of the shopping center.
King Coun,ty, or recorded at the appropriate Pierce (Ord.4949 § 1, 1997; Ord. 4229 § 2, 1987.)
Counry office for properties located in Pierce
Counry. 18.52.050 Off-street parking area development
E. Valet Service.______..___ ________ ___ ______ _ . _ _ __ and_mai tenance.
n __
1. For public assembly and recreationa4 Every parcel of land hereafter used asa public or
uses, restauran[s, funeral homes and ocher uses private off-street parking area shall be de�-eloped
requiring more than 500 parking s�iaces. an appli- and mainiained as follows:
cant rriay be allowed to provide less than the num- A. The parking areas on private property,
ber of required spaces if valet parkinc is to be used including interior dri�-eH•ays and access to a public
A reduction in the amount of required parking per street. shall be paved u•ith asphalt concrete or
ACC 18.52.020 of as hi�h as 25 perccnt may be cement concrete pa��ement and shall ha�•c appro-
permiaed, depending on the size and type of the priacc bumper g"uards yhere needed. Where a
use if approved by (he planning director. dn�•eti�a�•ciosset an fmpro��ed public righi-uf-�cay,
2. The applicant may be.required to �ro.ide i� shall be consvuctcd �ciih cemeni concrete. All
a proof of futu}e parkfng plan ��hich sho�+�s the �a�cment sections sh�ll be desi�ned to suppon the
location for all minimum required parkinE spaces rust Jc�elopmem traftic loads an�icipated due to
in conformance with applicable se�back require- the fntended use as approved by the city en�ineer.
ments. The city may require installation of some or B. Parkine areas shall be used (or vehicle parl:-
all of the additional spaces whenecera need arises. inc onh•. ��•ith no sales, unless permined elsew�here
The parking study and the proof of fumre parking by this ti4e, dead storage, repair york, or disman-
plan must be approved by the planning director. A tlin�s of any kind.
binding legal agreement guaranteeing the provi- C. If ligtiting is provided, it shall be hooded,
sions of this section shall be approved by the city shielded, directed downward and not exceed one-
anomey and executed and recorded at the appropri- half foot-candle at the property line.
ate offices of King Counry for propenies located in D. Drainage facilities for s[orm water are
King County,or recorded at the appropriace offices required and shall be approved by the public works
of Pierce County for properties located in Pierce depanment.
Counry.(Ord.5556§ I,2001;Ord. 5]70 § I, 1998; E. Ingress and egress shall be approved as to
Ord. 4949 § I, 1997; Ord. 4229 § 2, 1987.) location and design by the public works depart- ,
ment.
(Revisea 2�02) 18-66Z
Auburn City Code 18:52.070
F. A six-inch extruded concrete curb shall be pavement width shall be at least 20 feet and have an
provided around landscaped islands, peninsulas or unobswcted vertical clearance of at least 13 feet.
similar features. ' six inches (UFC 902.2.2.1). (Ord. 4949 § l, 1997;
G. Driveways and parking stalls shall be clearly Ord. 4229 § 2, 1987.)
marked. Driveways or aisles that serve emergency
access sHall have a 20-foot minimum ��idth; an 18.52.070 Off-streetparkinglofs—Location. ,
unobstructed vertical' clearance of at least 13 feet A. Single-family dwellings: required pazking
six inches (see UFC 902.2.2.1), and be clearh� shall be located on th:e same lot as the.building it is
marked. to serve.
H, Landscaping: see Chapier I8:50 ACC. B. Multifamily dwellings required parking
I. SidewalKs or pedestrian vwalkways shall. be may be on a contiguous lot in the same zone if
visibly marked with striping or differentiated pave- located within a walking distance of 500 feet of
ment. dwelling units.The lot shall be legally encumbered
J. For parking lots in excess of 50 spaces, the by an easement or other appropriate means to
design shall be approved by the ciry engineer and ensiue continuous use of the pazking facilities.
tfie planning director. Designs shall be reviewed Documentation shall require review and approval
for dimensional and landscaping requirements, of the ciry anomey.
drainage, pavement, pedestrian amenities, circnla- C. Other uses:may be in areas ottier than op the
tion, arterial access and queuing and driveway premises if the required amount of parking area is
locations, bicycle parking locaiion, lighting and set aside for a particular use in such a lot,and such
� sigpage. area is located within a walking distance of S00
K. The mazimum grade of driveways should be feet from the premises and is in the same zone as
no more than 12 percent. Grades of up to 15 per- the use. The lot or area to be utilized shall be
cent may be allowed upon approval by the ciry legally encumbered by an easement or othei appio-
engineer and the planning director. A landing
approach area shall be provided with a grade not
exceeding eight percent. (Ord: 4949 § 1. 1997;
Ord._4229.§.2_1.48Z.1-- --. ...--_—
18.52.060 Development of required off-street
parking 3paces for single-famih
dwellings.
For parking areas sern•in� sinele-famih• dwell-
ings, chis section shall apply in lieu of ACC
18.52.050.
A. Off-street parkin� spaces for sinele-famih�
dwellings on lots locatcd in all zones excepi �he R-
R zone shall be pa�eJ �cith asphal� concrete or
cement concrete. Exh off-sveet parkin� space
shall be connected to an fmprm cd sveet or al ley by
a driveway a minimum of' I I (eet in �cidth i:•Fiich
shall be paved with as�hal�concrete or cement con-
crete.
B. Off-street parkine spaces for single-f�mily
dwellings on separate lo[s in the R-R zone may
liave an all weather surface. Each ofLstreet parking
spare shall be connected to an imp�oved street by a
driveway which may have an all weather surface.
The construction of the all weather surface shall be
detertnined by the city engineer.. The driveway
approach, to a pa4ed street, shall be paved and be
at least 1 I feet wide and30 feet in length.
. C. The pavement widch of a driveway to serve �
a single-family parking area shall be a minimum of
11 feet.If the driveway is a de"signated fire lane.the
18-67 (Revised 2�02)
This page left intentionally blank.
-- — - --- ---� — — — --------- — -- — - -
(Revise0 2102) 18-68
Auburn City Code 18•5'-����
priate means to ensuie continuous use of the park- One-Wa�� 'fw•o-Wa}`
ing facilities. Documenta}ion shall require revieu A g C D D
and a roval of the cit�• attomey.
D.PWhenever required parkin¢ facilities are 30' 9•0' 17•3' 1''.0' 20.0'
located off-site. sidewalks. or an approved pedes- 45 9.0' 19.8' 15.0' Z0.0'
trian facility. shall be pro4ided connectine ihe sao- bp 9.0' ?I.0' IS.O' Z0.0' �
ellite parking facility to �he development beine gp 9.0' 19.0' �4.-0' ��.0'
served. ]f liehtine is pro��ided. it shall be hooded_
shielded. directed doHnward and not eaceed one- g. Compaci Sized Parking Spaces.
half foot-candle at the propeny line. ]. ln any off-street parking lot up to 30 pei-
E. A permit may be issued by the hearing ezam- cen}of the spaces may be designated as"compaci'
iner pursuant to the heanng requiremenEs of ACC spaces and be developed according to the mini-
18.70.040 whenever parkin� is to be located at a mum dimensional regui{emen[s for. compxt
walking diswnce greater than 500 feet from the spaces established under this section. Municipally
use,or whenever parking for a use in a commercial
� owned/leased automobile parking facilities may
or indusvial zone is co be locaced in a residential designaie op to 50 percent of che spaces as "cortt
ione if it is found that: pact." �
1. The required pazking cannot be provided Z, Compact sized parking spaces oriented
as required in subsections B and G of this section; Parallel to the driveway or aisle serving them shall
2. There is adequate access pro�ided be a minirrium of eight feet wide and 20 feet long.
between the parking area and the use; Driveways or aisles serving compact sized paraUel
3. The character�of the adjoining land uses Pazking spaces shall be a minimdm of 1! feet wide,
would not 6e disrupted by the increased pedestrian . 3. Compaci sized par}:ing spaces oriented at
and vehicular vaffic; an angle to the driveway or aisle serving them shall
4. The design and configuration of the park- be consisrent with the minimum dimensional ,
ing area is compatible with adjacent uses. requirements se� tonh by the followin@ table and
F. The planning director may authorize parking further defined by subseciion C of this section;pro- .
for a use to tie located in a different zone(except as ��ded, that aisle'widths shall not be less than 10
- - ----provided for-in-AGG-18.52.070(E)) if-the-director
feet. -- , _. _ .
makes the same findings as listed in ACC
18.52.070(E). (Ord. 4949 § 1, 1997; Ord. 4304 § poe-Way Two-Way
1(42). 1988:Ord.4229 § 2. 1987.)
A B C D D
1852.080 Off-street parking-In-lieu of fees. 30 8.0' 14.9' 10.0' 20.0'
Repealed by Ord. 4949. (Ord. 4688 § 2. _1994J 45 8.0' . d7.0' 43.0' 20.0'
1852.090 Parking space dimeasionel � g•0' 17.9' 16.0' 20.0'
requirements, 90 8.0' 16.0' 22.0' 22.0'
A. Standard Sized Parking Spaces.
1. Standard sized parking spaces parallel to 4. Every compact pazking space created
the driJeway or aisle serving them shall be a mini- pursuant to this section shall be cleazly identified
mum of riine feet wide and 22 feet long.Driveways as such by painting the word "COMPACT' in
or aisles serving standard sized parallel spaces upper case block letters, using white paint, on the
shall be a minimum of 12 feet wide. pavement within the space. The additional use of
2. S[andard sized parkin@ spaces oriemed ar signs to idenufy any large blocks of compact park-
an angle to the dnveway or aisle serving them shall ing spaces is encouraged. The random distribution
be consistent with the minimum dimensional of compact spaces or blocks of compact spaces
reqoiremems set fonh by the following table, and [hroughout a parking lot is also encouraged.
further defined 6y subsection C of this section;pro- 5. Ezisting pazking lots may provide for
vided.that aisle widths shall not be less ihan 10 feet. compact parking spaces under the provisions of
this section; provided, that the parking lot shall
comply with all provisions of this chapter except
that any parking lot which proJides five percent of
its area in landscaping shall be deemed to comply
' with all landscapiog raquireinents.
18-68.1 IReWSea�io3)
18:52.100 .
C. When determinine the minimum dimen- 18.52.110 Fractional spaces.
sional requirements for standard and compact Wheo units oF measurements determinine the
parking spaces oriented at an angle to the driveway num6er of reqoired parking spaces result in
or aisle sen�ine them.the following figure shall be requiremen[s of a fractional space,any fraction up
consulted. to one-half shall be disregarded. and fractions of
� . 00e-half or over shall require one parking space.
/ /
(Ord.4959 § 1. 1997: Ord.4229 § ?: 1987.)
� � %�� 18.52.120 Parking in front or side rards—
h\ Pro6ibited generally.
' On any lot in any R-R. R-S, R-1, R-2. R-3. and
� R-4 district. the off-sveet parking and loading
� 8 C space required by this chapter shall not be provided
Iin the required froni or side yard area except as oth-
envise specifed in this chapter. (Ord. 4949 § 1.
0 1997; Grd.4229 § 2, 1987.)
\ \ \ \ \ \ 1 18.52.125 Stacked parking.
Stacked parking, i.e.. parking one car behind
another. is permined for funeral homes and single-
family homes only, unless the use has complied
D. Off-street parking lotsshall comply with the with the requiremen[s of ACC 18.52.030(E):(Ord.
handicapped parking space requirements, and any 4949 § 1,.1997J
other applicable requirements of.Cliapter 15.44
ACC. 1852.130 Off-street loading space.
" E. Overhane parking may be permiaed. Buildings devoted to retail trade, retail and
1. The overhang area need not be paved but wholesale food markets, warehouses, supply
must be landscaped with deciduous vees planted houses, wholesale and manufaauring trade.hotels.
30_feet on cemer.and-groundcover_or sodded]awn--hospitals,laundry,dry.-cleaning-establishmentsor --- �
provided. The trees shall be planted to avoid con- othei buildin@s where large amounts of goods are
flict with the vehicles. No overhang landscape received or shipped shall provide loading aod
areas, creared exclusively for overhang parking, unloading space on the same premises as the bbild-
shall be considered �o meerthe landscape re.quire- ing as follows:
ments of this �itle. The overhang landscape area A. Buildings of 6,000 square feet or more of
must be a minimum width of five feet; howeJer. floor area, one off-sveet loading and unloading
the mazimum overhang allowed in[o the ]and- space plus one additional off-street loading space
scaped area shall be two feet. Overhangs into oth- for each 20,000 squaze feet of floor area;
erwise required landscaped areas are not permined B. Each loading space shall be not less than 10
unless the width of the landscaped area is'increaded feet in width,25 feet in leng[h and 14 fcet in h_eigtit;
by at leazt two feet and the plant material increased C. Loading space, exclusive of driveways
sccordingly. and/or coaidors leading thereto, shall not be con-
2. All parking spaces with overhangs sFial] sidered as providing off-street pazking space.(Ord.
have appropriare wheel stops provided. (Ord,5733 4949 § 1,.1997;Ord.4229 § 2, l987.)
§ 4, 2003; Ord. 4949 § 1. 1997: Ord. 4229 § 2,
]987:) )
1852.700 Existing ofGstreet parkiog
reduction.
Ezisung off-sveet parking (acilities shall not be
eliminated nor reduced to an amount less than that
required for new buildings unless the faciliry or the
associated use meets the requirements of any of the
provisions of ACC 16.52.030. (Ord. 4949 § l,
1.997;Ord.4229§ 2. 1987.) •
• . . �
tae�ed�ros) 18-6$.2
Auburn Citv Code 18.54.060
Chapter 18.�4 18.�4.030 Use of nonconforming land.
� If any parcel of land with a minimum lot size or
NONCONFORD1ING STRUCTURES, lo�dimension which is less than that prescribed for
LAND AND USES by the district in which such parcel is located, was
subdivided inio lo[saccording[o a plac of record on
Sections: or before �he zFfeciive da[e of ihe ordinance codi- ,
18:�4.010 Iniznt. ' fied in this tiile, or any subsequent amendments to
I8.Sd.0'_0 Continuance of noncon(orming �his tiile. ihzn ihz fac� thm the parcel of land does
,iruciurrs and u.r>- noi meei ihe minimum la >ize or lot dimension
18.SJ.030 lJ<z of nonconformins land. requirements as <et (onh in this iitle �hall not pro- '
18:54.040 Nonconforming signs� hibit the propeny (rom being utilizzd: provided.
18:54.050 Changes of use, tenancy, ownership or that all oth'er regulations prescnbed for that districr
management. by this tide are complied with. except as provided
18.54.060 Maintenance, damage repairs and forin ACC 18.48.040(A). (Ord. 4229 § 2, 1987.)
restora�ions. additions, enlargements,
moving or relocaiion of 18.54.040 Nonconforming signs.
nonconfortning structures. and Nonconfortning signs shall be subject to provi-
residential swcwres. sions of Chapter 18.56 ACC. (Ord. 4229 q 2.
18.54:070 Abatement of nonconforming 1967.)
structures and uses.
18.54.080 Amortiza}ion and abatement of 18.54.050 Changes of use,tenancy,ownership
outdoor storage or managemenl.
Chanees o(use, tenancy, ownership or manage-
1854.010 Intent. ment may occur to any existing legally established
Amendments over time �o regulatory authority and continued noncon(orming use under one or
provided wi[hin this ti�de may result in structures, more of the following circumstances:
15nd and uses which no longer conform with the A. Any part of a structure occupied by an exisa
pro4isions-set-forth-for-the-district�n-whicd_they--�� �P�es�ablished_andsontinued_nonconfortn_____
are situated.There(ore it is the incent of this chapter ing use may be changed to a use which, in [he
to allow for the continuance and maintenance of opinion of the planning director, is of the same or
legally established nonconforming uses subject to of a more restrictive nature. When the use of a non-
standards and provisions prescribed within this conforriming structure is hereafter changed ro a
chapter. (Ord: 4229 § 2. 1987.) more restrictive use,the strucmre shall not thereaf-
ter be used for a less restrictive use.
18.54.020 Continuance of nonconforming B. There may be a change of tenancy, owner-
st�uctures and uses. ship or management of any existing legally estab-
Any nonconforming structure or use lawfully lished.and continued nonconfortning use provided
existing on the effective date of this tiUe. or any there is no change in[he na[ure or character of such
subsequent amendments to this tide, may be con- nonconformin� use excep[ as authoriied within
tinued and maimained in conformance with provi- this chap[ec (Ord. 4229 § 2, 1987.)
sions of this chap[er. provided no enlargement of
area. space or volume occupied by -che noncon- 18.54.060 Maintenance, damage repairs and
forming use occurs. Any nonconforming struc[ure restorations, additions,
authorized by a valid building permit prior to the enlargemenls, moving or relocation
effective da[e of the ordinance codified in this tide, of nonconforming structures, and
or anysubsequent amendmems to this tide, may be residential structures.
completed and used in accordance with the plans. A. Ordinary maintenance of a nonconforming
specifcations and regulations under which such structure which includes minor interior and exte-
permit was issued.. Expiration of authorized per- nor repairs and incidental alterations is permitted.
mi[s will result in a loss of vested right for con- Minor maintenance and repair may include but is
stniction and use of such swcwre. (Ord, 4229 § 3, not limited to painting, roof repair and replace-
1987.) ment, plumbing, wiring: mechanical equipment
replacement, and weatherization. Incidental alter-
ations may include construction of nonbearing
walls or partitions.
18-69 (Aevisetl 7/99)
18.5�.070
B. No swcwral aherations. as defined by the public by the order of a ciiy o(ficial charged wi[h
Uniform Building Code, shall be made except �s protecting the public �afety:
required by law or ordinance: provided. that the 2. Lessening�hazardous situation.nuisance
cost of such work shall not exceed 50 percent of the or other adverse environmental impact:
assessed valuation of such structure as zstabli,hed 3. Bringine the �tructure or use ineo more
by ihe most current counry assessor's mz roll. conformance with ihis iitle;
C. A nonconformine siructure ha�ine been 4. Adaptine the strucwre to new technolo-
damaged or partiolly desiroyed to an exteni noi �iesorequipmenr.
exceeding i0 perceni ot the as�ez:ed �aluation of �. ]mpro��ement� �+hich do noi increase the
such svucwre as esiabli;hed bv the most current intensitv of the noncon(ormfn� u.e.
counry assessor's tax roll. may be resiored to iis H. A nonresidemial s�rucwre or use which
original condition, as authorized by ihe city's becomes a legal nonconforming structure or use
building official, and its immediately precedin�or after the effective date oF the ordinance codified in
exis[ing use at the time of partial deswc[ion may this tide may be pertnitted by means of a spzcial
be continued or resumed, Restoration shall be@in exception issued by the heanng ezaminer pursuant
within one year and be compleied wichin cwo years to ACC 18J0.020 to ezpand the existine use or
of the date of panial deswction. If restoration is swcture up to 25 percent of the use or swcwre
no[ started within one year, then the reuse and existing at the time of the adoption of the ordinance
occupancy of the structure shall conform to all the codified in this title:provided funher.[hat the addi-
regulations of the distnct in which the use is tion otherwise meets [he standards of this title and
located. other requirements of the ciry.
D. Structures or lands which are.nonconforrn- This section does not allow the expansion of a
ing as to use regulations shall not be enlarged or use or stri�cture which would be inconsistent with
intensified in any manner'unless the enlargement a previously authorized conditional use permit,
within such structures or lands conforms to all reg- special property use permit, contract rezone. or
ulations of the district in which i� is located. A non- binding agreement between the city and the prop-
conforming use, within a nonconforming sweture. eny ownec
sfiall not expand into any portion of the noncom__ __ This section also does not allow the expansion ,
forming swcture. of any nonconforming hazardous maierial�storage.
E: Strucmres which are nonconforming as to I. When a building or struciure is moved to
percentage of site coverage, setbacks, building another location it must then be made to conform
height or density shall not be enlarged unless such to the requirements of the district to which it is
enlargemen[conforms to[he regulations of[hz dis- moved, unless specifically allowed elsewhere by
trict in which it is located. this tide.
F. Nonconforming residential striictures are 1. Nonconforming single-family residential
allowed to provide mainienance, alterations and homes and their accessory stnictures may be
additions which may exceed the requirements o( replaced and the new struciure shall either meet the
this chapter, pro�ided the to[al number of dwelling development.standards of[he district in which the
uni[s dces not increase and all other development home is located or the new structure shall not be
standards of the district are complied with. more nonconforming than the previous use. All
G. This chppter shall not prevent the following other applicable building and fire code require-
provided the total value of the improvements, o�er ments must be complied with.(Ord. 5170§ 1. 1998;
ihe lifetime of the nonconforming use, does not _ , Ord. 4705 § 2. 1994:Ord.4304 § 1(43), 1988;Ord.
exceed 50 percent of the assessed value of the non- 4229 § 2, 1987.)
conforming use as established by the most current
county assessor's tax roll; and, ihe nonconforming 18.54.070 Abatement of nonconforming
use or structure is not expanded except as allowed structures and uses.
by subsection H of this section: provided further, Nonconfortning structures and uses shall be
that any replacement oFa nonconfortning s[ructure, abated if one or more of the following circum-
or parts thereof, must comply with the appropriate s[ances exist:
development s�andards unless a special exception A. If a noncon(orming use is discontinued and'
is granted pursuant to ACC 18.70.020. changed to a confortning use, any future use of the
I. Strengthening or restoring to a safe con- ,trucmre or land shall be in confortniry to the reg-
di[ion any nonconforming swcmre or pan thereof ulations of the district in which structure or land is
which is declared to be unsafe or a hazard [o the located;
�Re��sea n9s� 18-70
Aqburn City Code 1&�6.020
B. Any sfructuie or ponion o( a nonresidential Chapter 18.56
structure. or parcel of land occupied by a noncon- ,
Forinine use which becomes �acant nnd remains SIGNS
unoccupied for a continuous penod of ISO days
.hall not thereafter be occupied excepi by a use Sections`.
which conforrns to [he use re�ulations of the dis- 18.56.010 Purpose.
trict in which ii is locaizd. Residemial uses' in com- 18.�6.020 De(ini�ions.
mercial or indusinal zonzs �yfiich are unoccupied 18.56.030 Regulation bv district. .
for more ihan ISO d�vs m�� be �Ilo�+ed io reoc- 13.i6.0a0 Sprcial �i,�ns.
cupy i( a special exception i� issued pursuant to 13.56.0�0 General provfsions.
ACC 18.70.020: 18.56.060 Exzmptions.
C. If a nonconforming strucwre sustains dam- 18.�6.070 Prohibited signs.
age or deswction which exceeds 50 percent of the I 8,56.080 Nonconfortning signs.
• current assessed valuation of the structure as estab- 18.56.090 Administrative provisions.
lished by the counry assessor's office. Reconstruc- 18.56.100 Appeals and variances.
tion of such damaged strucwre or , reuse of 18.56.1 10 Lialiility.
occupancy shall conform to all regulations of [he 18.-56.120 Conflic[s repealed. •
� district in which it is located and it s'hall be trea)ed
asa new building. 'fhis subsection shall not apply 18.56,010 Purpose.
ro single-family dwellings. (Ord. 5170 § 1, 1998: The overall purpose of[hischapter is to enhance
Ord. 4229 § 2. I'987.) , and mainiain the aesthetic character, to promote
' . the public health.safety and general welfare,and to
1854.080 Aniortization and abatement of increase the effectiveness of visual communication
outdoor storage in ihe city. This chapter is also intended to avoid
All outdoor storage yards [hat do not comply visual cluuer that may adversely impac[traffic and
wi�h the landscape and screening requirements of pedestrian safery. or be adverse to propeny values,
Chapter I8:50 ACC which are located within an business opportunities and the city's appearance
M-I-or-BP zone-that-are-adjacent-to-a-residen[ial���!�T�event.and abate�uhlic nuisances._ __ ,
zone or are visible from a public s[reet shall, within The purpose of ttiis ctiapter is'implemented by
three yearsof the adoption of,ihis title, screen and controlling the design, quality of matenals..con-
landscape the ouidoor storage pursuant to the struction, location, use and maintenance of all
requirements of Chapter 18.50 ACC. or the use signs and sign structures. (Ord. 4773 § I. 1995:
shall be abated. (Ord. 4229 § 2. 1987.) Ord. 4229 § 2: I987.)
18.56.020 DePnitions.
The following definitions are speciftc to this
chapter and are to be used only for the implemen-
tation of this chapter:
A. "Abandoned sign" means a sign that no
longer correc�ly directs or exhons any person, or
advenises a liona fide business, lessor, owner, I
, product or activiry conducted or available on the '
• . . premises where such sign is located.
B. "Changing messa�e center" means an elec-
tronically conirolled public service time and tem-
perature sign; message center; or readerboard
where different copy changes of a public service or
commercial nature are sliown on the same lamp-
bank.
G. ''Directional sigd' means a sign which is
located to guide or direct pedestrian or vehiwlar
traffic to parking entrances, exits. and service
' areas, and may not exceed six square feet in area or ,
15-70.1 (Revised 7/99)
18.56.020
10 feet in height. Por projects that have more park-
in� lots in excess of 500 spaces, then the sien area
may be 10 square (eet and the sign heigh[ 1� feet.
�Revised 7/99) 18-7�.2
Auburn City Code • 18.56.020
D. "Double-faced sign" means a sign with two P. "Multiple-tenant building'' means a single
faces. swcture housing more than one retail business,
E. "Elecvical sign" means a sign or sign struc- office or commercial venture 6nt not including res-
ture in which electrical wiring,connucions,andlor idential apanment buildings,which share the same
fixtures aze used as part of the sign proper. bt,access and/or pazking facilitia.
F: "Facade" means the entire building front, or Q. "On-premises sign'means a sign which car-
sveet wall face, including grade to the top of the ries advertisements incidental to a lawful use of the
parapet or eaves. and the entire width of tFie build- premises on which it is located, including signs
ing elevacion. indicating the business transacted at, services ren-
G. "Flashing sign'means an electrical sign or a dered, goods sold or produced on the premises.
ponion thereof wliich changes light intensity in a name of the person,fum or corporation occupying
sudden vansitory burst, or wfiich switches on and the premises.
off in a constant pa[tem in which more than one- R. "Off-premises sign" means any sign which
third of the nonconstant lighl source is off at any advertises an establishment, merchandise, service,
one time. goods, or entenainment whicA is sold, produced,
H. "Freestanding sign"means a sign attached to and manufactured, or fumished at a place other
the ground and supponed by "uprights or braces than on the propeny on which said sign is located.
placed on or in the ground (also called gronpd or S. ''Parapet" means a false front or wall exten-
pole sign). Signs attached to fences or other swc- sion above the roof line.
tures that are not defned as buildings will be con- 'f. "Perimeter' means a 'square or rectangle
sidered freestanding signs. reqbired ro enclose the sign area.
I. "Frontage" means the measurement of the U. "Political sign" means a tempo.rary sign
length of the propeny line or building front. which advertises a candidate(s)for public elective
]. "Grade" means the relative existing ground office or urges a particular vote on a ballot measure
IeJel in the immediate vicinity of the sign. in a pending public election whether local, sta[e or
K. '9ncidental sign" means a small sign of a national.
noncommercial nature without advenising in- V. "Portable sign"means any sign made of any
__ _—tended_primazily_for_the convenience of the public material, including paper, cardboard, wood or
and having a maximum area of two squar� feet. In- metal;which is capable of emg moved easily and----
cluded aze signs designating restrooms. hours of is not pertnanently a�xed to the ground, structure
operations, entrances and exits to buildings and or tiuilding. This also includes sidewalk or sand-
pazking lois, help wanted, public [elephones, etc. wich boartl signs,except those worn by a person.
Also included are property control and waming W. "Premises'� means the real estate as a unit.
signs such as"no trespassing:"'no dumping:'etc:, which is involved by the sign or signs mentioned in
and plaques,tablets or inscriptions which are an in- this chapter.
tegral part of a building. X, "Principal street (rontage" means the princi-
L. "Mansard roof' means a sloped roof or rooL pal sireet which the sign fronts upon. If the busi-
like facade architecwrally able ro be treated as a ness esfablishment fronts .upon more than one
building wall. street, ihe sign applicant may choose which street
M. "Marquee" means a pertnanent struc[ure frontage the measurements for sign area are to be
attached to, supponed by. and projecting from a based upon.
building and pro�iding protection(rom the weather Y. "Projecting sign" means a sign. other than a
elements. For the purpose of �his chapter. a (ree- wall sign. H hich is attached to and projects (rom a
standing, permanent roof-like structure providing strocture or buildinc face.
protection from the elements, such as a service sia- Z. "Real es�ate sign" means a portable sign
tion gas pump island. u ill �Iso be considered a erec�ed by the owner. or his agent, advenising the
marquee. The tertn "marquee" also includes can- real estate upon �hich thesign is located for rent,
aPy. lease or sale. or directing people to the property.
N. "Marquee sien" means any sign which AA. "Re�•oh�ing sign" means any sign which
forms part of or is integrated irito.a marquee �nd rotates or tums in motion by electrical or mechani-
which does not extend horizontally beyond tBe lim- cal meanrin a circular pattem and dces not exceed
its of such marquee. For the purpose of this chapter eight revolutions per minure.
a marquee sign will be considered as a wall sign. BB. "Roofline'' means �he top edge of a roof or
O. "Multiple-building complex"means a group parapet or the top line of a building silhoueae.
of commercial or industrial structures.
18-71 (ae�sed izroo)
1856.030
CC. "Roof sign" means a sign erected upon or with or withobt frames, intended to be displayed
above a roof or parapet of a building or strucmre. for a limited time only.Signs painted upon window
Mansard roof signs shall be considered as wall sudaces which aze readily removed by "washing
signs. ' shall be considered temporary signs.
DD. "Sign" means any visual communication KK. "Under-marquee sign'means a sign which
device, striunire, or fxwre which is visible from is attached to and suspended from a mazquee but
any right-of-way intended to aid the business dces not extend beyond such marquee. '
esublishment in question in promoting the sale of LL. "Wall sigti' means a sign attached or
a product, goods or service using graphics, sym- erected parallel to and ex�ending not more than ]8
bols or wrinen copy. For the purpose of this chap- inches from the facade or face of any building to
ter,a sign shall not be considered to be building or which it is anached and supponed through its
structural design. It shall be restricted solely to entire length,with the exposed face of the sign par-
graphics, symbols or wriiten copy that is meant to allel to the plane of said wall or facade.
be used in the aforementioned way. MM. "MonumenUmedian sign" means a sign
EE. "Sign area" means: that is placed within the median of a public street.
1. The total azea of a sign visible from any These signs shall only be allowed to serve a multi-
one viewpoint or direction,excluding the.sign sup- tenant dedelopment of 50 acres or more. The sign .
port structure, azchitectural embellishments, or shall only have two faces.be no higher than six feet
framework which contains no wrinen copy, and and no longer than 18 feet. Only the name of the
includes only one side of a double-faced sign, development and/or logo shall be allowed with no
2. Individual letter signs using a wall as the product advertising. The signs are only allowed at
background without added decoration or change in intersecting sveets with the sign placed in the `
wall color shall be calculated by measuring the right-of-way of the street that is the entrance to the
perimeter enclosing each letter.The combined total development. Only one sign per intersection is
area of each individual lener shall be considered allowed and only three signs per development are °
the total azea of the sign. � allowed, The median adjacent to the sign shall be
3. Module signs consisting of more than one landscaped in all directions of the sign with either
��on cabinetshall_be_computed by_adding together_ __ sod, annuals,_groundcover, low growin sg hrubs,or_ ___
the total area of each module. ' a combination thereof. The landscaping •shall
4. Perimeter or sign area shall be established extend to the edge of the median or be five feet in
by the smallest rectangle enclosing the eztreme any direction (rom the sign. A right-of-way use
limits of the lefter module or advenising message permit is requi�ed that �ddresses insurance, main- -
being measured. tenance, sight disiance and other applicable
FF. "Sign height" means the venical distance requirements of the city engineer. (Ord. 4705 § 2,
measured (rom the adjacent grade to [he highest 1994: Ord. 4?29 § 2. 1987.)
point of the sign.
GG. "Sign swcwre" means any s(ructure 18.56.030 Regulation by district.
which suppons or is capable of supponing any sign No sign o(any type shal I be permi�ied to be con-
as defned in this chapter. A sign strucwre may be structed. erected, or pl�ced u�ithin any zoning dis-
a single pole or may or may not be an inregral part trict unless it is listed as a permi[ted sign within the
of the building or scrucmre. zone or listed as an exemption in ACC 18:56.060.
HH. "Single tenant building" me�ns a commer- A. Pertnitted signs in R-R, R-S. LHRS. R-1,
cial b"uilding or swcNre that contains one enter- and LHRI zones:
prise or occupant and is generally under one 1. Real estate: see ACC 18.SG.040(C):
ownership. Buildings within a multibuilding com- 2. Home occupation: see ACC 18.60.020
plex may not be considered a single tenant build- (H);
ing. 3. Political: see ACC 18.56.040(B);
Il. '7emporary building sign" means a sign 4. Temporary building: one sign per project
erected and maintained. on premises undergoing not to exceed 16 square (eet in rotal area;
construction, by an architect. contractor, subcon- 5. Permanent development sign: one per
tractor, an8lor mateiialman upon which propeny entrance not to exceed 50 square fee[in area and 10
such individual is furnishing labor or materiaL (eet in heigh);
]]. "Temporary sign" means any sign or adver- 6. Freestanding (nonresidential uses only):.
tising display conswc�ed of cloth, cam�as, light one sign per sveet (rontage with a maximum sign
fabric, paper, cardboa�d, or othe� light mate�ials, area calculated at one square foot per each lineal
(Revised 12/00) 18-72 � .
Auburn City Code 15.56.030
foot of frontage. not to ezceed 50 square feet per a. Single tenant building: one sign per
face and ]0 feet in height; street frontage with a maximum sign area calcu-
7. Wall (nonresidential uses only); more lated at one square foot per each lineal foot of
than one allowed with a maximum sign area calcu- frontage,not to eicceed 100 sguare feet per face and
lated at one squaze foot per each lineal foot of 30 feet in height,
frontage, not to ezceed 50 square feet total for all b. -Multitenant building and multibuild-
wall signs. ing complez; one sign per street frontage with a
g. permitted signs in R-2. LHR2. R-3, and maximum sign area calculated at one square foot
LHR3 zones: per each lineal foot of frontage, norto exceed 125
I. Real estate: see ACC 18:56.040(C); squaze feet per face and 30 feet in tieight;
2. Home occupation: see ACC 18.60.020 . 7. Wa11:
�H�. a. Single tenant building: more than one
3, political: see.ACC 18.56.040(B); allowed with a maximum sign area calwlated,at
4. Temporary building: one sign per project one square foot per each tineal[oot of frontage,not
not to ezceed 16 squaze feet in total azea; to exceed l00 squaze feet total for all wall signs,
5. Pertnanent development sign: one per b. Multitenant building and multibuild-
en[rance not to exceed 50 sqaare feet in area and 12 ing complex: each leased space may be allowed
feet in height; � ou(side wall signage with a maximum sign azea -
6.., Freestanding (nonresidential uses only): calculated at one square foot per lineal foot of
a. Single cenant building: one sign per leased frontage not to ezceed 100 square feet of
street frontage aith a maximum sign area calcu- total wall signs per each leased space. The owned
lated at one square foot per each lineal foot of manager shall be responsibk for the placement of
frontage, not to exceed 50 sguare feet per face and the signs;
12 feet in height. 8. Any sign may be indirectly illuminated,
b. Multitenant building and multibuild- only.
ing complez: one sign per sveet frontage with a D. Pertnitted signs in RO-H and CN zones:
maximum sign area calculated at one square foot l. Real estate: see ACC 18.56.040(C);
— —per eac#�-lineal-foot-of-frontage.sot_to_exceed 75 __ 2. Political: see ACC 18:56.040(B);
square feet per face and 12 feet in height� 3. Directional:
7. Wall (nonresidential uses only): 4. Temporary building: one sign per project
a. Single tenam building: more than one not to exceed 32 square feet in iotal arca;
allowed with a maximum sign area calculated at 5. Temporary window signs: see ACC
one square foot per each IineaL(oot of frontage.not 18.56.040(E)(2);
ro exceed 50 square feet toial for all wall signs, 6. Temporary signs; external ro a building:
b. Muhitenant building and multibuild- see ACC 18.56.040(E)(1), this provision dces not
ing complex,: e�ch leased space may be allowed allow pennants:
outside wall si�n�ee �i[h a maximum,si�n area 7. Ponable:.seeACC 18.56.040(D);
calculated at one sguare (oot per lineal foot of 8. Freesianding:
leased frontage not to exceed 50 square(eet of ro�al a. Single tenant building: one sign per
wall signs per each leased space. The owner/man- street kontage with a maximum sign area caleu-
ager shall be rcsponsible for ihe placement of the lated at one sguare foot per each lineal foot of
signs; frontage.not to exceed 1?5 square feet per face and
8. Any si_n m�y be indirectly illuminated, 30 feel in height.
only. b. Multitenant building and multibuild-
C. Pertniued signs in R-4. LHR4.RO. R-MHP, ing complex: one sign per sFreet frontage with a
LHRMHP, P-l. LHPI. I. and LHl zones: maximum sign area calculated at one and one-half
1. Real eswte: see ACC 18,56.040(C): square feet per each lineal foot of frontage, not to
2. Home occupation: see ACC 18.60.020 exceed 150 square feet per face and 30 feet in
(H); height;
3. Political: see ACC 18,56.040(B): 9. Wall:
4. Directional: a. Siogle tenant building: more than one
5. Temporary building: one.sign per project allowed with a maximum sign area calculated at
not to exceed 32 square feet in total area; one square foot per each lineal foot of froniage,not
6. Freestanding: to exceed 125 s.quare feet total for all wall signs,
IS-73 (Revised 12/001
18.56:030 ,
b. Multitenant building and multibuild- !0. Projecting and roof: one projecting or
ing complex: each leased space may be allowed one roof sign may be allowed in lieu of an allowed
outside wall signage with a mazimum sign area freestanding sign with the sign area not to exceed
calculated at one sqdaze foot per lineal foot of 50 percent of that allowed for the freestanding sign.
leased frontage not to exceed 125 squaze feet of Roof signs are not allowed in the G2 zone and pro-
total wall signs per each leased space. The owner/ jecting signs may only project a maximum of 24
manager shall be responsible tor the placement of inches from the building face in the C-2 zone; '
the signs; 11. Marquee: one double-face under maz-
10. Marquee: one double-face under mar- quee sign, not exceeding six square feet per face
quee sign, not exceeding six square feet per face may be allowed for each business entrance. There
may be allowed for each business entrance. There shall be a minimum of eight feet of, clearance
shall be a minimum of eight feet of clearance between the grade and the sign;
between the grade and the sign; 12. Any sign may either be indirectly or
11. Any sign may be eitfier ind'uectly or d'uutly illuminated;
direcdy illuminated: 13. Revolving freestanding on-premises
E. Permitted signs in C-1, LHC1, G2, and BP signs are permifted;
zones: ' 14. MonumenUmedian signs. ,
1. Real estate: see ACC 18.56.040(C); F. Permitted signs in C-3, M-1, M-2, and LF
2. Political: see ACC 18.56.040(B); zones:
3. Directional; I. Real estate: see ACC 18.56.040(C);
4. Temporary building: one sign per project 2. Poliucal: see ACC 18.56.040(B);
not to exceed32 square (eet in total area; 3. Directional;
5. Temporary window: see ACC 18.56.040 4. Temporary building: one sign per project
(E)(2); not to exceed 32 squaze feet in total area;
6. Temporaty, extemal to a building: see 5. Temporary window: see ACC 18.56.040
ACC 18.56.040(E)(1), this provision dces not (E)(2);
allow pennants; 6. Temporary, external to a buildin8: see
?��rtable:see-ACCI$.S6.D40(D�; _--.---ACC_18.56.0_44(E)(1):___._ _ _
8. Freestanding: 7. Ponable: see ACC 18.56.040(D); �
a. Single tenant building: one sign per 8. Freestanding:
sveet frontage with a maximum sign area calcu- a. Single tenant building: one sign per
lated at one square foot per each lineal foot of street frontage with a maximum sign area calcu- .
frontage not to exceed 150 square feet per face and lated at one and one-h�lf square feet per each lineal
35 feet in height, foot of iront_age not to exceed 200 square feet per
b. Multitenant tiuildinE and multi6uild- face and not to ezceed 45 (eet in height,
ing complex: one sign per street (rontage with a b. Multi(enant tiuilding and multibuild-
maximum sign area calculated ai one and one-hal( ing complex: one sign per street frontage with a
sGuare feet per each linral foot o( frontage not to maximum sign area calculated at one and one-half
exceed 175 square fee� per (ace and 35 feet in square feet per each lineal foot o( frontage not to
height; exceed 250 square feet per (ace and not to exceed
9. Wall: 45 feet in height;
a. Single tenan� buildine: more than one 9. Wall:
allowed with a maximum sign area calculated at a. Single tenant building: more than one
one and one-half square fee� per each lineal foot of allowed with a maximum sign area calculated at
frontage, not to exceed 150 square (eet total forall two square feet per each lineal toot of frontage,not
wall signs, to exceed Z00 square (eet total for all wall signs,
b. Multitenam buildine and multibuild- b. Multiten�nt building and multibuild-
ing complex: each leased space may be allowed ing complex: each leased space may be allowed
outside wall signage u-ith a maximum sign area outside wall signage with a maximum sign area
calculated at one and one-fi�l(square(eet per lineal calculated a) two square feet �r lineal (oot of
(oot of leased frontage notio exceed I50 square leased frontage not to ezceed 200 square feet of
feet of total wall signs per each leased space. The total wall signs per each leased space. The owned
owner/manager shall be responsible for the place- manager shall be responsible for ihe placement of
ment of the signs; the signs;
(Re�sed 12ioo) 18-74
Auburn Ciry Code 1856.040
10. Projecting and roof: one projecting or B. Political Signs.
one roof sign may be allowed in lieb of an allowed I. Political signs shall not be placed upon
freestanding sign with the sign area not to ezceed public sveets,public properry,highways,or rights-
50 percent of that allowed for the freestanding of-way within the corporau limits of the city.Signs
5��: placed on private property require pertnission of
11. Mazquee: one double-face under mar- property owner.
quee sign, not exceeding six s:quare feet. per face 2. Political signs shall be removed within 14
may be allowed for each business entrance. There days after the election,except ihat a candidate who
stiall be a minimum of eieht (eet of clearance wins a primary election may continue to display
between the grade.and ihe sign; political signs until 14 days afier the general elec-
12. Freestanding of(-premises signs which tion.
aze local serving are permitted as follows; 3. Political signs less than 16 square feet
a. 'fhe sign shall be located no funher shall not be required to have a pertnit or pay a fee.
than 500 feet from the business establishment the No other regulations apply except as outlined in
sign is intended to advenise, subsection (B)(1)of this section.
b. No such sign shall be located closer 4. Political signs 16 square feet or larger
than ]50 feet to any residemial zone, and shall not shall be limited to one sign per candidate or issue,
intedere with or obswct the view from any resi- on a privace lot and shall be regdlated as follows: .
dential zone, no person, association, corporation, or organiza-
c. No sucti sign shall obstruct the�isibil- tion shall place, conswct, erect, or install any
ity of any on-premises signs, political or campaign sign of any kind or nature in
d. There shall b"e a minimum distance of any election, upon any vacant property or aban-
150 feet between any two off-premises signs, doned vehide or machinery placed on vacant prop-
except that double-faced signs with the faces in erty unless a pertnit has been secured trom the
opposite directions may be permitted. Those signs building official and the following infortnation
for ivtiich a permit was first issued shall be used to supplied:
establish the minimum distance, a. Number of signs;
_ .__ ._ e._Suchsigns_shall_not ezceed a height _.__ b. Location;
equal to one foot for each foot of se[back, no} to c. Written pertmss�on from property—
exceed 30 feet. and in no case shall the setback be owners;
less than 20 feet. measured from any street right- d. Size of signs.
of-way, 5. Political signs in excess of 32 square feet
f. No such sign shall be allowed to shall conform to the provisions of the off-premises
exceed 150 square fee� o(sign area per sign (ace, signs, ACC 18.56.030(F)(1?)ezcepting paragraph
g. Such signs may have two faces ooly. (a).
back to back. no "V" shaped or similar shaped C. Real Es�ate Signs. No sign permit is
signs are permitted: required. except as provided in subsection (C)(6)
13. Any sign may either be indirectly or of this section. All exterior real estate signs must be
direc4y illuminaied; o(wood or plastic or other durable material.
14. Revol�ing (reestanding on-premises The permi«ed signs are as follows:
signs are permitted: , I. Residential "for sale" and "sold" signs:
I5. MonumenUmedian siens. (Ord. 5342 § such siens shall be limited to one sign per street
2,2000;Ord. 4705 ti ?. 1994:Ord.4229§ 2. 1987.) frontage not to exceed five square feet in sign area
, per side, placed entirely on the property for sale,
18.56.040 Special signs. and not to exceed a height of seven feet.
A. Civic Signs. The 6uilding official may 2. Residential directional "open house"
approve and permit to be erecied enGence signs,a} signs: such signs shall be limited to one sign per
or near the ciry limits. on pri�•ate property with the street frontace on �he premises for sale and three .
owner's permission. on which may be listed insti- off-premises signs. However, if a brokedagent has
mtional names. or points of inrerest. The total area more than one house open for inspection in a single
of such sign shall no�exceed 24 square fee�per face development or subdivision, he is limited to four
or 12 feet in height. Such sign shall not be placed o(f-premises ''open house" signs in the entire
so as to cause a tra(fic hazard, and shall be development or subdivision. Such signs are per-
approved as to placemeot by the city engineer. mitted only during daylight hours and when the
broker/agent or seller or an agent is in attendance at
` � ]$-75 (Revised 72I00)
1856.040
the property for sale. No such sign shall exceed 1. May not be p�aced within public right-of-
five squaze feet in sign area per side.Thesigo may way nor interfere with pedestrian or vehicular traf-
be placed along the periphery of a public right-of- fic;
way, provided it does not interFere with vaffic 2. May not be placed in landscaped areas;
safety,but it may not be anached to a utility pole or 3. May not exceed nine square feet per faze
vaffic safety device. and be limited to two faces;
3. Undeveloped commercial and industrial 4. May be displayed'during business houts
property'Yor sale or rent"signs: one sign per street only;
(rontage advenising unde.�eloped commercial and 5. Existing ponable signs which do not
industrial propeny (or sale orfor rent is permined comply with these provisions will have one year,
while the property is actually for sale or rent. 'T'he from the adoption date of this chapter, to comply
sign shall not exceed 32 squaze feet in sign area per with these provisions;
side and eight feet in height. 6. Sign permits are not requited.
4. Developed commercial and industrial E. 'femporary Signs.
property'Yor sale or rent''signs: one sign per street I. Temporary signs, banne[s,posters, flags,
frontage advertising a commercial or industrial pennants, and balloons which are intended to
, building for rent or sale is permitted while the announce the opening of a new business,celebtate
building is.actually for rent or sale. 1(one face of 6usiness anniversaries, announce major sales, or
the building is less than )0 feet from the building advenise other similaz events may be allowed sob-
line,the sigq shall be placed on the building or in a ject to the following:
window. The sign shall not exceed eight feet in a. No more than four such signs may be
height,if freestanding. it shall be located more than allowed per calendaz year and there must be 60
15 feet from any abutting propeny line and a public days between the placement of the signs;
right-of-way line. Said sien sh�ll not exceed 32 b. No such sign shall remain up for more
square feet in sign area per side. than IS days;
5. Unde4eloped residential propeny "for c. The total sign area shall not exceed 30
- sale"signs: one sign per street Gontage advertising square feet;
���develnpedresidential�trope[t�for sale is�e_rmia d. Permits are not required except as out- __
�ed not exceeding 32 square feet in area per side! lined in subsection (E)(1)(e)of this section;
nor ezceeding a heighi of eight (eet: If the sign is e. Signs which exceed the allowable.size
greater than five square feet in area, it must be and time duration must receive a pertnit issued by
placed more than 30 fert from the abutting prop- the hearing examiner if special cireumstances exist
erty line. that warran) the additional signage.
6. Additional siens: the hearing examiner 2. Temporary signs to be displayed within a
may grant a special permit io �Ilo� iemporary ofG window may be allowed subject to the following:
premises signs in addition lo� those permitted a. The total sign area shall not exceed 50
above, not to exceed fi�e squ�re feet in siie per percent of the window area in which case there
side, or 42 inches in hrich). Notice o( adjacent shall be no time restrictions on the display;
propeny owners shall noi be required. Such addi- b. For those signs which exceed 50 per-
tionaLsigns may be used io advenise open houses. cent of Ihe window area there shall be a time limi-
to provide directions to nr.� dr�elopments. or sim- t�tion of IS days for such signs. These signs shall
ilar purposes. Such signc may be placed along the occur no more than (our times per year and there
periph:ery of the public richo-of-..ay.provided they must be a minimum of 60 days between the place-
do not inCer(ere with vaffic safety, but they may ment of such signs;
not be a[tached to utilin� poles or traffc sa(ery c. Pertnits are not required except as out-
devices.'I'he hearing examincr shall determine the lined in subsection (E)(1)(e) o(this section;
numberand locations of such signs, and the period d. Signs which exceed the allowable size
during which they ma�� be displayed. The hearing and time duration must receive a pertnit issued by
examiner shall take into accouni the number of the hearing examiner if special.circumstances ezist
- existing signs in any proposed location, and shall that warrant the additional signage.
limi{or prohibit new ones so as to prevenra tr�(fic 3. Street banners of a nonpolitical nature
safety hazard or a detriment�l e(fect on neighbor- advenising civic events sponsored by a nonprofit
ing property. organization may be installed at a predesignated
D. Ponable Signs. One portable sign may be location within the 200 block of East Main Sveet
allowed per each business subject to the following: for a period not exceeding two weeks in duration.
(Revisetl 12ioo) 18•76
Auburn Ciry Cade . 18.56.040
Requesu to install banners shall be made by appli-
cation to the ciry engineer who shall have the
abthoriry to administer the issuance of any such
peniiits. The application shall be made on forms
provided by the ciry engineer, and issuance of any
of such permit shall be subject to insurance
18-76.1 (ReviseE �2roo)
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i -- -- _ -
(Revise0 12/00) 18-76.2
Auburn City Code 1856.050
requirements, bond reguirements; hold harmless 7. The area of a sign may be increased up ro
agreements, and other administrative details as 25 percent when only one sign is used; pro4ided,
administered by the ciry engineer. (Ord. 4229 § 2, that all other sections of this chapter are complied
1987.) with.
8. For developmenu that have substantial
18.56.050 General proyisions. building setbacks, at least 100 feet, from the public
A. Sign Area, Placement, Additional Frontage, ri"ght=of-way, the square footage of wall signs may �
Additional Signage. be increased by one-half square foot for each foot
I. The xllowable sign ares si�ali br es�cu- tiie si�n i�' se! 'oad: rrom p�bGc right-of-way. The
lated by using the building ironcage or]o� t�oivage, maximum addiiional square footage shall be I50
whichever is greater. square feet.
2. The business person may place the sign or B. Projec�ion, Clearance and Sight Distance.
signs any place on the business establishment or l. No projecting sign shall project more
lor, however, freestanding signs must be locaced than six inches above or o��er the wall, roof line or
entirely upon private propeny and shall not project parapet of the building �o which it is attached.
over public right-of-way. 2. Projecting signs may not project more
3. In order ro encourage the setting back of ttian five feet from the property line or building
freestanding signs an additional L25 percen� of face and rriust be a minimum of two feet from a
sign azea may be added, for each one foot of set- wrb unless otherwise specified by this chapter,and
back provided,up to a maximum of 25 percent. shall conform to Section 403 of fhe Uniform Sign
4. Off-premises'freestanding signs will have Code. Projecting signs within the G2 zone may
a 20-foot setback measuied from any street right- , only projut 24 inches from the building face.
of-way. No bonuses of sign area will be allowed 3. All projecting signs over the public right-
for additional setback. of-way must be a minimuin of eight feet above ihe
5. Comer locations or locations with frona sidewalk except when located in an alley or in an
age on more than one street are permined one addi- area where motor trucks may be required to pass,in
tional sign for the additional street frontage; which case the minimum vertical clearance shall be
provided,that no freestanding sign shall be located 14 feet and conform ro Section 403 of the UniFortn
closer than ]00 feet to another freestanding sign o-�ig'n Loae. -�
the same lot.Such secondary freestanding,project- 4. Roof signs may not extend more than f ve
ing or roof signs shall be limited to an area not feet in height above the roof:
greater Ihan 50 percent of the area allowed for the 5. Signs must meet vehicular sight distance
same rype of sign on the main street frontage. Wall requirements established by the city engineer pur-
signs are allowed on each frontage with its size cal- suant to ACC 18.48.020(B).
culated by each frontage. For projects that have C. Exposed Angle Iron and Wire. When a pro-
500,000 square feet or more of floor area and more jecting or roof sign is used, no angle irons, guy
than one frontage each freestanding sign sha11 be wires or braces shall be visible, ezcept those that
allo�4ed its manimum area for each sign,calwlaced are an integral part of the overall design, such as
by its frontage.Ttfe additional signs must be placed decorative metals or woods, or unless they are
to be primarily viewed from the secondary street required for safery.
and not placed to add additiona] signs ro the princi- D. Lighting Provisions.
pal street frontage: l. All lighting shall be arranged [o reFlect
6. On a business, multitenant building, or away from any residential zone as well as no per-
multibuilding complex with total frontage on the son shall conswct, establish, create or maintain
main s[reet o( more than 300 feet, the business any stationary exterior lighting or illumination sys-
shall be allowed one addi�ional freestanding sign tem or any in�erior system which is imended [o be
for each 300 fee[ of frontage, not [o exceed 150 viewed from a street, highway or other public thor-
square feet per face. Each sign shall be placed I50 � oughfare used for vehicular traffic which system
feet apart. This shall only apply to commercial or contains or utilizes;
industrial zoned property. If under this provision a. Any exposed incandescent lamp with
only one freestanding sign is used for the entire a wxttage in excess of 25 watts,
frontage tfien the allowable sign area may be b. Any exposed incandescent lamp with
increased up ro 350 squaie feet per face with no an intemal metallic reflector,
other area bonuses allowed. c. Any exposed incandescent lamp with
an extemal reflbctor,
1$-77 �� (Revised t?J94)
1856.060
d. Any revolving beacon light, l. Signs not intended to be viewed from.street
e. Any continuous or sequential flashing right-of-way;
opeiarion in which more than one-third of the K. L.ettering or symbols painted direcUy onto or
lights are tumed off at any one time and/or which flush-mounted magnetically onto an ope[able vehi-
uses light of more than 25 watts; cle. (Ord.4229 § 2, ]987.)
2. These provisions shall not apply to:
a. Lighting systems owned or controlled 18.56.070 Prohibited signs.'
by any public agency for the purpose of directing From and afrer the effective date of this chapter
or controlling navigation. traffic, or highway or it shal]be unlawful for any person to erect or place
street illumination, within the city:
b. Aircraft warning lights, A. A swinging projecting sign,
c. Electronic in(orma[ion systems which B. Svings of lights, banners, balloons, pen-
display the time of t}ie day and/or the atmospheric nants, ribbons, streamers, spinners, rotating or
temperature or programmable electronic messages blinking lights, or similar devices, except as per-
of a public service or commercial narore. mined tiy ACC 18.56.040(E);
E. Construction Provisions. C. Flashing signs, ezcept as permitted'in ACC
1. Each sign shall be adequately conswcted 18.56.050(D);
in accordance with the raquirement of the Uniform D. Signs atlached to, or placed on, a vehicle or
Building and Sign Codes, as amended; vailer parked on private or public property. This
2. Signs containing elecvical circuivy sfiall provision is not to be conswed as prohibiting the
meet the requirements of the National Elecvical identification of a firrn or its principal products on
Code and all state laws, and shall include an a vehicle operating during the normal course of
approved testing lab sticker. business.This dces not indude automobile for sale
F. Change of Copy. The holder of a pertnit, for signs or signs attached to franchised buses or taxis;
the duration thereof, shal] tiave the right to change E. Private signs p�aceQ in or on a public right-
the advertising copy on the structure or sign for o6way; monumenUmedian signs permitted by this
which the permit was issued without being chapter are,however, allowed;
required to pay any additional fees. (Ord.4705 § 2, F. Any sign which cor+stitutes a traffic hazard
�9➢�;Or�.-4229-,§-2�987:)-- -i— ordetrimenrto traffic-saferyt�y-reason-ofits size�---- -
location, movement, content, coloring, or method
1856.060 Exemptions. of illumination, or by o6swcting the vision of
The following are exempt from the provisions of drivers,or detracting from the visibility of any offi-
this chapter: cial traffic control device by diverting or tending to
A. Painting,repainting,cleaning,repairing,and divert the attention of driuers of moving vehicles
other normal rtiaintenance unless swctural or elec- from vaftic movement on streets, roads; intersec-
trical changes are made; tions, or access facilides. No sign shall be erected
B. Temporary signs and decorations customary so that it obswcts the yision of pedestrians which
for special holidays erected on private property; by glare or method of illumination constitutes a .
C. Religious symbols; hazard to tr�c. No sign may dse words,phrases,
D. Memorial signs or tablets, names of build- symbols or chazacters in such a manner as to inter-
ing, dates of erection and the like; fere with, mislead, or confuse traffic;
E.. Signs required by law, traffic or pedestrian G. Any sign or advertising sWcture or support-
control signs,,signs indicating scenic or historic ing structure which is torn, damaged, defaced or
points of interest, which are erected by or on the desvoyed;
order of a public officer in the perFormance of his H. Any sign, including the sign stnicture, now
public dury; or hereafter existing which no longer advertises a
, F. Sculptures, fountains, mosaics, and design bona fide business conducted or a product sold
featuies which do not incorporate advertising or shall be taken down and removed by the owner,
identification; agent or person having the beneficial use of the
G. The flag of a govemment or noncommercial land, building or structure upon which sych sign
institutions such as schools,with ttie poles treated may be found within 90 days after written notifica-
as swctures; tion from the building official;
H. Official public notices, official court I. Signs attached to utility poles, trees,rocks or
notices; other naNral features;
I. Incidental signs;
�Re��sed izrea� 18-78
Auburn City Cude 18.56.090
J. Signs attached ro bencFies on public right-of
way. (Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
18.56.080 Nonconforming signs.
Permanent signs established legally pnor to the
adoption of this chapter that do not conform to the
�
regulations ofthis chapter wiih regard io number, .
size, height or ]ocation ch„II'be allo�x�ed to remain ,
as legal nonconfornling ;iens uini' il�� srn is
removed, s[rucmrally or eiearically cnarges. oc
moved. In such cases [he sien shall be treated as a
new sign. (Ord. 4229 § 2, 1987.)
18.56.090 Adminislrative provisions.
A. Permits Required. No signs shall hereafter
be erected,reerected,construcled,altered,or main-
tained, except as provided by this chapter and,
when required, a building permit for the same has
been issued 6y�the building official. A separate per-
mit shall be required for a sign or signs for each
business entity andlor a,separate permit shall be
required for each group bf signs on a single sup-
porting swcmre.
1. Application for permits: application for
sign permits shall be made to the building official
on a fortn as provided by ihe building division.
Such application.shall require:
a. Name of business and address where
work is to be pedormed; , —�—_
b. Name and title of the person complet-
ing the application;' •
c. Name and address, telephone number
of the person or firm doing the work and preferably
the owner of said establishment;
d. Washington contractors registration
number, industrial use permit number, sales tax
number;
e. A site plan showing location of the
sign in relation to buildings, property lines and
street right-of-way including the size and location
of all existing signs on the property;
f. A scale drawing of the proposed sign
or sign revision showing size, height, copy, struc-
tural and footing details, and material specifica-
tions;
g. A description of work to be performed
and type of sign;
1g-78.1 (Revised 12/94)
,
This page leit intentionaliy blank.
�aev�sed i2isa) 18-78.2
Aubprn City Code 1856.120
h. Elecaical load with name of elecvical 4. The granung of the variance would not be
contracioT rbsponsible for installauon of service contrary ro the general objective and intent of this
feed wires if other lhan sign convactor, chapur,this tide, or the comprehensive plan.
i. Siructural engineer's stamp required The action of the hearing examiner rejecting,
on those signs and sign swcrures subject to wind approving or modifying any decision or 9pplica-
and seismic forces. uon is fnal subject to appeal to the city council.
2. Revocauon of permi}: the building offi- (Ord. 4229 § 2, 1987J '
cial may, in writine, sos�iend or revoke a permit .
issued undcr provisions of this chapier �yhene��er 18.56.110 Liability.
the permi)is issued in error or on the basis of incor- This chapter shall not be consututed to relieve
rect itil�ormaoon supplied, or in violation of any from or lessen the responsibility of any peason
ordinance or regulaUOn or any of the provisions of owning,building, alt_ering,constructing, removing
this chapter. or moving any sign in th8 city for damages to any-
3. Permit fee schedule: the fees prescribed one injured or damaged either in person or property
in the city's fee schedule must be paid to the ciry by any defect therein; nor shall the city, oi any
for each sign installation for which a permit is agent thereof;be held as azsuming such liability by
required by ttiis chapter and must be paid before reason of permit'or,inspecuon authorized hercin or .
any such permit is issued by the building official. a cerlificate of inspeetion issued by the city or any
Fees for building pemtits for each sign erected, of its agenu. (Ord.4229 § 2, ]987.)
insialled, affixed, swcturally altcred,relocated,or
, created by painung shall be set in accordance with 1856.120 Conflicls repealed.
the city's fee scheAule. � . All secdons or parts of sections of the municipal
B. ]nterptetation.In all applicadons for permiu code, all ordinances and all resoluvons or parts of
where a matter of interpreiation arises, the most resoludons, in conflict herewith, be and the same,
restricuve definiuon shall prevail. (Ord. 4229 § 2, are repealed to the extent of such conllict (Ord.
1987:) ' 4229 § 2. ]987.)
1856.100 Appeals and variances.
Variances to the ordinance and .appeals-from � —
decisions of the building official shall be made to
the hearing examiner.
A. Appeals of administrative decisions with
regazd to this chapter shall be processed in a man-
ner consistent with ACC 18.70.050.
B. In a petition for a variance, the hearing
ezaminer shall have the power and duty to hear,
decide, grant, grani with conditions, or deny the
requested vaziance after a public hearing has been
held pursuant to ACC 18.70.040. The examine,r
may grant a variance from the provisions of tlus
chapler only when all of the following findings of
fact aze met:
l. The literal interpretation and sVict appli-
cation of the provisions and iequiremenu would
cause undue:and unnecessary liazdship because of
unique or unusual condidons pertaining w the spe-
cific tibilding, parcel or property in quesdon; and
2. Tha grandng of the reyuested vaziance
would not be materially devimental to the public
welfaze or injurious to the property or property
owners in lhe viciniry; and
3. The unusual conditions applying to the
specifc property do not apply generally to oth�
propenies in the city; and
15-79 fReviied 9198)
isss.o�o
Chapter 18.58 shall corriply with the rules and regulations of the
Uniform Fire Code, az amended. (Ord..5071 § 1,
PERFORMANCE STANDARDS 1998; Ord.4229 § 2, 1987.)
Sections: 18.58.050 Electricalinterference.
18.58.010 General. Provisions must be made for necessary shield-
18.58.020 Noise. ing or other preventi4e measures agains(inteder- �
18.58.030 Glaze: ence occasioned by mechanical, electrical and
18.58.040 Storage and handline of Ilammables. nuclear equipment uscs or processes with electrica]
18.58.050 Electrical in�erference. appazaws in nearby buildings or land uses. (Ord.
18.58.060 Odorous gases and matter. 4229 §2, 1987.)
18.58.070 Smoke and paruculate mafler
emissions. 18.58.060 Odorous gases and mafter.
]8.58.080 Dust, dirt, ily ash, or airborne solids. The emission of odorous gases or matter in such
]8.58.090 Waste storage. quandues as to be readily deteetable, withont spe-
]8.58.100 Toxic gases and matter. cial inswments, at any point beyond the propeaty
18.58.110 Vibration. line of the use creaung the odors, is piohibited. ,
18.58.120 Hazardous substance and waste. (Ord.4229 § 2, 1987.)
1858.010 General, 1858.070 Smoke and particulate matter
The following performance�standards specifi- emissions.
cally govern industrial,manufactwing,processing, No emissions shall exceed the allowances set
assembly and similaz type uses typically found forth by the Environmental Protection Agency,the
withio the industrial zones. These standazds may Washington State Department of Ecology andJor
also apply to other uses and activiues in oth� the Puget Sound Air Pollution Control Agency.
zones, which are not otherwise govemed by othe{ (Ord.4229 § 2, 1987.)
regulapons of the Aaburn City Code. (Ord.4229§
2, 1987.) 1858.080 Dust,dirt,Oy ash,or airboroe solids.
No observable dust, dirt, fly ash or other sir-
1858.020 Noise. boroe solids shall be emitted except as related to
The noise emanavng from the premises of consUVCtion activity or p�mitted in Chapter ]8.62
indusvial activities shall be mufl7ed so as to not ACC, surface mining. (Ord. 4229 §2, 1987:)
- become objectionable due to interrruttent beat, fre-
quency or shrillness, and shall not exceed those 1858.090 Waste storage.
standards as determined by Washington Adminis- Storage of animal or vegetable wastes which
trative Code (WAC 173-60) as amended. (Ord. amad insects or rodents or otherwise creau a
4229 § 2, 1987.)' healtb hazazd shall be prohibited. No waste prod-
u"cts shall be exposed to view, from eye level,
1858.030 Glare. beyond the property Gne of the use storing the
Exterior lighting shall not be useA in such a waste. (Ord. 4229 § 2, ]987.)
manner that it produces glare on public sffeets and
neighboring property. Ttiis restriction also applies 1858.100 To�ric gases and matter.
to any other nonresidential zone or use adjacent w No emissions of toxic gases or matter shall be
. single-family zones. Arc welding, acetylene torch perntitted. (Ord.4229 § 2, 1987.)
cutting or similar processes shall be performed so
as not to be seen from any point beyond t}ie prop- 1858.110 Vibration.
erty line of the dse creating the glaie. (Oril. 4229 § Vibration which is easily disceanible, without
2, 1987.) special instrumenu at any point beyond the prop-
1858.040 Storage and handling of tlammables.
In terms of fire and safety haiazds, the storage
and handling of flammable liquids, combusuble
liquids, Gquefied petroleum gases and explosives
(Revised 9/88) 1 g-8�
Aubum City Code 18•���
erty line, is prohibited. This shall not apply to ' Chapter 18.60
_ vibration caused by highway vetiicles, vains, sir-
craft or construction activities. (Ord. 4229 § 2, HOME OCCUPAITONS
1987.)
Sections:
18.58.120 Hazardous substance and wacte. 18.60.010 Purpose.
No hazazdoos sb6stances or wastes shall be 18.60.020 Requirements.
released into the environment so as ro cause dan- 18.G0.030 Exemptions.
gerous or offensive emission or contamination of 18.60.040 Special home ocwpation permit.
any public or private water supply, sewage treat- 18.60.050 Tertnination.
ment processes, watercourse or water body,the air
orthe ground,exceptin accordance with standards 18.60.010 Purpose.
approved by provisions of federal, state and local The purpose of a home occupation is to allow
laws and regulations. (Ord.4294 § 5, 1988.) cerlain activities to be undertaken for gain or profit
:yithin a dwelling or a building accessory to a
dwelling in any wne in which dwellings aze
present.The home occdpation is to be conducted in
such a manner that the residence shall not difFer
from its residential character either by the use of
colors, materials, conswction, lighting, signs or
the emissions of sounds, noises, vibrations or
odors.(Ord.4229 $ 2. 1987.)
18.60.020 Requiremenfs. -
Home occupations are required to have a busi-
ness regisvation as issued by the city clerk,comply
with all eiry codes and ordinances, and shall be
. ----- -i— --consistentwit�the�ollowingpravisions: __._
A. Only members of the immediate family.
residing on the premises may be employad;
B. No inventory is kept (other than incidental
supplies necessary for and consumed in the con-
duct of suc6 home occupation) or commodiues
sold other than those produced on the premises.
Samples may be kept but not sold on the premises.
ltems commonly collected or traded, and occa-
sionally sold by hobbyists such as coins, stamps,
antiques, etc:, may be considered to be exempt
from ihis provision, as long as all other requue-
ments of home occupations are met;
C. No mechanical equipment is used except
such as is customazily used for domestic, hoiise-
hold or personal purposes (or as deemed similaz m
' terms of power and type);
D. Not more than one-fourth of the floor azea of
any building is devoted to such occupation,except
accessory tiuildings which are used for no other
PnrPose;
E. That such ocwpation shall not require inter
nal or eatemal alteration or involve constcuction
features not wstomarily found in a dwelling;
F. Shall not involve the use of commercial
vehicks for the distriliution of roaterials from the
premises:
18-81
18.60.030
G. 7'he couduct of any home occupation, occupation perrnit shall be authorized by the hear-
including but not limited ro tfie storage o[ goods ing examiner unless the hearipg ezaminer finds
and equipment, shall not reduce or render unus- that the authorizing of such special home occupa- '
able, areas provided for the required off-sveet tion pertnit will not be materially detrimental to the
parking. Additional parking is not allowed in order public welfare or injurious to the property in the
to conduct a home ocwpation,except what may be zone or viciniry in which the property is located,
required through the issuance of a special home and that the authorization of such special home �
occupation pertnit pursuant to ACC 18.60.040; occupation permit will be consistent with the spirit
H. Only one sign is permii�ed, one square foot and purpose of this title. ln authoriiing a special
in area,nonilluminated, and attached to a building; home occupation permit, the hearing examiner
I. No display pertaining to the occupation,other may impose such requiremenu and conditions with
than the one pemut}ed sign is visible from the respect to location installation,const�uction,main-
street or adjacent residences; tenance and operation and extent of open spaces in
J. No more animals are maintained on the addition to those expressly set forth in this title,as
premises than what may otherwise be pertnined in may be deemed.necessary for the protection of
the zone; other properties in the zone or viciniry and the pub-
" K: The home occupation is to be conducted 'tn lic interest:
suc6 a manner that the residence shall not differ C. A public hearing shall be conducted on all
from its residential character either by the use of applications for e special home oceupation pemut.
colors, materials, conswction, lighting, signs, or The hearing sfiall be held in the same manner as
the emissions of sounds, noises, vibrations or provided in ACC 18.70.040. (Ord. 4304 § 1(44),
odors.(Ord.4229 $ 2, 1987:) � . 1988;Ord.4229 $ 2, 1987.)
18.60.030 Exemptions. ' 18.60.050 Termination.
Garage sales, 'y'ard sales, bake sales, temporary The hearing examiner may ternrinate any home
home boutiques or bazaars for handcrafted items, occupaqon if he finds, notwithstanding any provi-
parties for the display of domestic products, and sion of this chapter,that the use is being condqcted
oihet-like_uses_do_not_need_to_comply_with_the___in_a_manner ahich is_'det_rimental to the public_ _ _____ ,
requirements of ACC 18.60.020 as long as the use health, safery or welfare,and adversely affects the
does not operate for more than 20 days in any one residential qualities of adjacent properties.In mak-
calendar year or in violation of any other provi- ing such fmdings, the hearing ezaminer shall hold
sions of the Aubum City Code.To quality for this a public hearing in the same manner as proyided in
exemption, garage and yard sales must involve ACC 18.70.040: (Ord.4229 § 2, 1987.)
only the sale of household goods, none of which
were purchased for the purpose of resale. (Ord.
4229 § 2, 1987.)
18.60.040 Special home occupation peintiL
A. Special home occupation permiu are
required and must be granted by the hearing exam-
iner for the following uses,even if the use meets all
of the requiremenu of ACC 18.60.020(A) — (K),
but in no case shall any home occupaaon meet less
than nine of the 11 requirements:
1. Automobile repair and rebuild;
2. Personal service shops;
3. Music and dancing stndios;
4. Craft classes;
5. Home occupations that can only meet
nine or ]0 of the 11 requirements as oudined in
ACC 18.60.020(A)—(K).
H. In considering applicadons for special home
occupation permits, the hearing examiner shall
consider the nature and conditions of all adjacent
uses and strucmres, and no such special home
18-82
Auburn City Code 18.62.030
Chapter 18.62 18.62.030 Permit.
Any surface mining of material shall only be
SURFACE MINING� allowed aftw a surface mining operations permit
has been issued, afle propa public heaxings, and ,
Sections: an ordinance adopted by the dty council.A request
18.62.010 Purpose. for a surface mining opaauons perntit shall be
]8.62.020 Scope. heard by the hearing examin�ia accbrdance with
18.62.030 Permit. the provisions of Chapter ]8.66 ACC.The hearing
18.62.040 Surface minine s�andards. exaininer shall make a recommendation to the city
18.62.050 Asphalt and concrete batch plants. council. The city's approval of the permit may
18.62.060 Subsequent use plan. require miugating condi6ons of approval as well as
18.62.070 Findings of fact. financial guarantees to ensure compliance with the
18.62.080 Years of operation. permit and ihe provisions ot this chapta.
18.62.090 Existing mining operaUOns. A. Applicapon. All requests for a surface min-
]8.62.700 Enforcement of pumiu. ing operauons pern�it shall be accompanied by an
applicauon and shall contain the following:
18.62.010 Purpose. 1. Geotechnical Report.. Each applicadon
7'he purpose of lhis chapter is to provide tor a shall be accompanied by a current, within 180
pertriit process to regulate the operauons of a sur- days, report, prepazed by a licensed enginea. The
face mine. Pursuant [o RCW 78.44.031(S), opera- report shall contain data regarding the nature,type,
tions means all mine-related acdvities,exclusive of distribution and strength of mawials, slope stabil-
reclamation, that include but are not limited to ity and erosion potential, and a statement that the
activiues that affect noise generauon, air quality, site contains material of a commescial quality and
sur(ace and groundwater quality, quantity and quantity.
Ilow, glaze, pollution, traffic safe4y, ground vibra- 2. Scorm Drainage and Erosion Control ,
tions and/or signifcant or substantial impacts com- Plan. A concepnial storm drainage and erosion
monly regulated under provisions of land use or control plan shall be submiqed with each applica- .
other permits of local governmant and local ordi- tion and shall be approved by the public works
nances:Operavons also include� department–prior ta–th��mning�ermit–being--—
A. The mining or exvaction of rock, stone, approved. A final storm drainage and erosion con-
gravel, sand, earth, and oiher minerals; vol plan must be approved prior to any materials
B. Blasting, equipment maintenance, sorting, being removed. The plan must also address the
crushing, and loading; continued maintenance and operation of the storm
C. On-site mineral processing including asphalt drainage and erosion control system, and, if deter-
or concrete batching,concrete recycling,and other mined necessary by ihe city,a perforrtiance bond or
aggregate recycGng; and similar financial guaranue shall also be provided
D. Transpordng minerals to and from the mine, to guazantee the maintenance and operation of the
on-site road maintenance, road maintenance for system.
roads used extensively for surface mining activi- 3. Haul Routes.A haul route plan,including
ues, traffic sa(ety and traffic control. (Ord. 5060 § a traffic study indicating traf6c volumes along the
], 1998.) haul route(s),shal]be submitted with each applica-
tion which shall illustrate which public streets will
18.62.020 Scope. be used. The haul route plan may also require thu
This chapter shall regulate the operations of all hauling be restricted during peak traffic times.
surface mines iliat require a reclamaUOn perntit Traffic impacl midgation, including pavement
from the State Department of Natural Resources. impacts,street maintenance and repair,wil]also be
Other sirriilar excavapon activipes that do not address8d as part of the haul route plan,
require a pemiit from the state shall be regulated 4. Dust Control.A dust control plan shall be .
pursuant to applicable city regulations. (Ord. 5060 submined which shows how dust will be controlled
§ 1, 1998.) wittiin ihe mining site and on the public streets.
5. Site Plan. Each applicaaon shall be
accompanied by a site plan and shall illu'strate the
following:
. 1.Prior legislation:Ords.4229 and 4840. 8. V1Clllity m3p; -
�S_S3 �aev�sed sise�
18.62.040
b. Name, address and phone number of be modified by the planning director for lazger
property owner and/or mining operator including projects. (Ord. 5060 § l, ]998J
an emergency contact person;
c. Name, address and phone number of 18.62.040 Surface mining standa�ds.
engineer or agent; A. Standard Hours and/or Days of Operation.
d. Starting date of mining; No mechanical equipment shall be operated befine
e. Esumated compleuon date of minine; the hour of 6:00 a.m. and no later than the hour of '
f. Hours of operauon: 7:00 p.m., six days per week. No mechanical
g. Fence de�ail. if any: equipmem shall be orcrated on Sundays oT leeal
h. Locauon of uuliry lines allected by holidays.These resvictions are not intended Io pre-
mining; clude the service and maintenance of the machin-
i. Locauon of swctures; ery and equipment necessary tor the mining
j. Location of accessory uses such as operation.
crushers, sorters,or scales; Ttie standazd hours and/or days of operadon
k. Exisdng contours, drawn at five-foot may be reduced by the heazing examiner or city
intervals and indicated by light dashed lines; council if determined to be in the best public inter-
1. Proposed contours, drawn at five-foot est. ,
intervals and indica�ed by solid dark lines; "fhe standard hours and/or days of operavon
m. Cross sections shall be taken at or may be_modi5ed for specific public works projects
near each property line and then spaced at 300-foot involving mixing of asphalt or concrete that is
intervals thereafter.Cross sections shall be taken in either:
both north/south and easUwest directions. Addi- 1. RequireA by a public agency to be per-
tiortal cross sections may be required if necessazy formed outside the standard hours and/or days of '
to deterrnine the impacu of the proposal; operauon;or
n. Boundaries and dimensions of the site; 2. Wheae performance of such work ootside
o. Cubic yards of material to be mined; standard hours and/or days of operation will be in
p. Any on-site exisung water supply the best public:interest because such performance
wells,monitoring wells, or other types of wells,on of the work will facilitate expeditious and timely
record with the Depaitmen}o(Ecology or observ- compleUOn of the putilic works pro�ect:- -------
able in[he field..Dri11�logs of these wells shall be A written request from the public agency whose
included,if available; project requires the work to be p�l'ormed outside
q. The loca6on of existing or proposed the standazd hours and/or days of operation shall be
hazardous substance use within the boundary of the made to the Auburn public works director. The
proposed mining operauon; request shall be in wridng and be provided to the
r. The locauon of existing or proposed Auburn public works director not later than ]0
groundwaier withdrawal within the boundary of days prior to the commencement of the project.
the proposed mining operaUOn; T'he request shall include the name and location of
s. The location of existing or proposed the projec[,the proposeA modificadons to the stan-
artificial groundwater recharge within the bound- dazd hours and/or days of operation, and the esti-
ary of the proposed mining operadon; mated d�ation (subject to the weather) of the
t. The.general location of the inirial min- projec4 �d a statement why the mo�cation is in
ing activity and how it is anticipated to progegs the best pubGc interest and will facilitate the com-
throughout the mining site; pleaon of the project.
u. A site entrance plan showing traffic If the request is determined by the public works
control signage and devices, channelization, and direcmr to be in the best public interest,will facili-
layout of the driveway access to the public streeu; tate the completion of the pubic works project and
v. Parcel numbers and legal description will be consistent with any applicable city require-
of the entire mining site. ment the public works director shall, within five
The site plan shall be properly dimensioned, days of iu receipt, appro4e the request.
include a nonh arrow, and drawn at a scale not less B. Finished Slopes.The site plan shall illustrate
than one inch equals 40 feet and on a sheet size 24 which finished slopes aze final and which ones are
inches by 36 inches,more sheets may be allowed if interim.Final finished slopes are those that will not
necessary. A reproducible mylaz and 10 copies of be modified subsequent to the compleuon of min-
the site plan shall be submitteA at the Ume of appli- ing. Interim slopes aze those which will be modi-
cation.The scale of the drawing and sheet size may fied subsequent to the completion of mining.Final
�aevised sree� 15-84
Auburn City Code 18.62.040
finisheA slopes are not allowed to be altered unless Natural Resources that the state considers the pro-
for public safery and health reasons, once the min- posal as a s�face mine and will require a permit
ing has been completed and tha{ portion of the and reclamadon plan.
mine rehabilitated. Interim tinished slopes may be J. Paved Apron. A paved apron or similaz
altered, pursuant to applicable ciry regulauons, a device, wash piu or similar provisions, may be
accommodate �he subsequent development of the required in ord� to preVent rocks, dirt, and mud
site once the mining has been completed. being tracked onto public streets, the width and
ln the event that fills aze necessary such fills dep}h to be determined at the ume of permit issu-
shall be compactible to a minimum of 90 percem ance.
maximum densiiy,said dcnsity shall be certified by K. Sveei Cleaning. All adjacent public sveets
a soil tesung agency. No organic materials shall be shall be kept clear of rocks, dirt and mud, Street
permined in fills. sweeping and washing may be required as a condi-
C. Fences, Landscaping and Berms. Fences, tion of permit issuance.
landscaping and/or berms may be required to miti- L. Traffc Control. Warning signs and/or Oag-
gate any impacts associated with the mining site. gers may be required as a condition of permit
D. Noise.Sound pressure levels,as measured on approval.
properties adjacent to property in the mining site, M. Inspections. The city shall have the right to
shall conform to the provisions of W AC ]73-60- ' make inspections of any property at any reasonable
044, Maximum Permissible Environmental Noise timeasdeemednecessarytodeterminecompGance
Levels for Noise Orieinaung in a Class C-EDNA with the permit and/or obtain surface and well
(Indusvial Area). water sainples. The city shall notify, as deemed
E. Blasting. Blasting shall be allowed pursuant necessary, any operator of a proposed inspection,
to the permit requirements of the fire,marshal's however, lack of such notification shall not be
office. canse for denying the right to inspect.The opeaator
F. Rock Crushing. A rock crusher may be per- shall have the opuon of accompanying the inspec-
mined if expressly allowed Uvough the surtace tor.
mining perntit.The location of the crusher may be N. Adjacent Wells or Aquifers. The mining
conditioned in order to midgate any noise impacu. operation shall not result in the degradation of
G.-Dust.-Dust,-diil,-Dy ash,-or other�pazticulate--�onndwater-quality-in-shallow.-int�mediate-or---
matter shall not be emined in quantities as to deep aquifer zones,located beneath and Ireyond the
adve{sely affect adjacent property. Reasonable boundary of the active area of the mining site,
precaupons shall be taken with storage,transpona- which serve u the source of potable supply for the
tion,processing,roadways and other open areas so city or private citizens, or possess waz� of suffi-
as to prevent the particulate matter from becoming cient quality and quanury to be developed for
auborne. ]t shal] be sufficient cause to revoke a future potable andlor municipal supply piuposes.
perntit if the operator causes or permiu untreated In the event thaz actual or potential groundwaur
open areas located within a private lot or roadway quality degradation caused by mining opeaaUOns is
to be maintained without taking reasonable precau- indicated on the basis of inspec[ions, on-site
tions to prevent particulate matter from becoming release of haiardous materials,violations of water-
aQborne. 9uality provisions of otha ordinances, or off-site
H. Setbacks. No excavadon shall occur within groundwater qualiry degradation documented in
50 feet of an adjoining propetty unless a lesser set- on-siu or off-site wells,the city shall have the rigtn
back is necessary in order to attain proper reclama- to require the operator of the mine to immediauly
tion. The setbacks shall be determined at the ume cease lhu portion the mining operations (subject
of permit issuance. When the mining is complete operations) which in the city's opinion caused the
and lhe site reclaimed,the 50-foot setback may be degradauon and submit to the city a groundwata
modified at that ume to provide for the subsequent remediation plan prepared by a licensed engineer.
development This shall be reviewed pursuant to At a minimum the plan shall:
applicable city regulations. 1, Idendfy the means aod/or methodologies
1. Depaztment of Natural Resources Permit. that shall be employed to immediately halt and/or
Prior to a snrface mining operauons permit being remediate the water quality degadauon;
applied for the owner/operator sh"all submit evi- 2. Identify the condidons under wlvch min-
dence from the State of W ashington Department of ing may convnue to occvr without further degad-
ing gronndwater qualiry and related wndiuons;
and
15-85 caev�sed sree�
18.62.050
3. Provide a schedule of monitoring reporls mining site for reclamation or blending wiih the
to the ciry every 30 days from the date of incepuon on-site materials to provide for a better fill or con-
of the plan for a ]2-month period. The city may swction prbdua that is then exported.The import
also require ihe posting of a pertormance bond or of materials that are only to be stockpiled, and aze
similar financial securi.ty to ensure the implemen- not related to the mining activity, will not be per-
tadon of said plan. mined. (Ord. 5060 § 1, 1998.)
The subject operauons shall be suspended pend-
ine city review of the plan and determinauon of 18.62.050 Asphalt and concrete batch plants.
adequacy,both of which shall occur witltin ]5 days Asphalt and concrete batch plants, and related
of submittal. lf the city does no� approve the plan, processine faciliues,may be permitted if approved
require modifications, or if ihe mining operator as pan of the surface mining operations permit.
fails to submit a plan, the subject operauons shall The plants must be an incidental use to the on-site
remain suspended until the mining operator makes mining activity. The plants shall only be located
the revisions directed by the city and/or until the witliin the city's comprehensive plan designated
mining operator submiu an acceptable groundwa- mineral resoiuce azeas. This provision does not
ter remediation and monitoring plan. If the revised apply to existing planu Ihat aze operating under
�2roundwater remediation and monitoring plan sub- pre-ezisting zoning authority. (Ord. 5060 § 1,
mitted by the mining operator is approved by the 1998.)
city, the subject operations shall be permitted w
resume upon the date the ciry approves the plan. 18.62A60 Subsequent use plan.
Such approval shall not occur ]ater than 15 days In order to ensure the creation of usable land,
afr�the revised plan has been submined. subsequent to �he completion of mining activiues,
If subsequent to the city's approval of the min- a plan shall be prepazed t}iat addresses the follow-
ing operator's groundwater remediation and moni- ing:
toring plan the city determines that the mining A. In conjunction with the mining permit a sub-
operator hu failed to comply with all of the provi- sequent use of the mining site. shall also be
sions of the plan,or that a plan has failed to imme- approved, The owner/operator shall submit a plan,
diate�halt_and/or remediate the groundwatea _ in sufficient detail, to determine ihat the subse-
degradation caused by the mining operation, the quent use of the mining site will be in contormance
city may direct the miaing operator to suspend sub- with the comprehensive plan and this Ude. 7't�e
ject oporaUOns, pending demonstrauon of compli- owner/operator shall submit evidence that the
ance with the plan and/or approval by the city of a amount of material to beremoved is commensurate
revised plan. Revised plans submitted to the city with the subsequent land use.
shall be reviewed for decision wi�hin IS days bf B. Ttie development of the subsequent use may
subminal. Once approved the city shall immedi- precede ihe compledon of the mining, in such
ately noufy the mining operator that subject opera- cases the operauons plan and subsequent use plan
tions may resume if in compliance with the shall be designed to reduce coaflicf between the
approved plan. subsequent use and the operations of the mine. If
Additional setbacks or limications on the depth the subsequent use is developed in phases each
of excavation may be required to protect adjacent phase must be able to stand on iu own without reli-
wells or aquifers. ance upon develoPment of subsequent phases or
O. Performance Bond. lf a performance bond is future mining activity unless a phasing plan is
required to guazantee the performance of these approved by the planning director. The phasing
standards or any condiUOns anached to the permit plan must minimize the need for future develop-
it shall be snbmitted prior to the adopdon of the ment or mining necessary to complete the phase
ordinance. The value of the bond shall be deter- and provide for time frames to compleu each
mined as part of approval of the surface mining phase including what is needed, e.g., extension of
operaujons permi}. The bond shall be written to the which utiGties, streets, provision of parks,etc. The
city of Auburn only, and shall not be canceled director may require financial security to ensure
without the express written approval of the city of the completion of each phase. (Ord. 5060 § 1,
Auburn. 1998.)
P. Importing ot Materials. The importing of
mat�ials,e.g.,sand or topsoil, may be perniitted if
needed as part of ihe mining acvvity. These
imported materials could be used for prepazing the
(Revisea 9i5e) 18-86
Auburn Ciry Code 18.62,090
18.62.070 Findings of fact. days from receipt of the materials provided by the
Applications for a surface mining operauons mining operator under subsection B ofthis section.
pertnit shall only be approved if sufficient findings If the planning d'uector determines that operations
of fact are drawn to support the following: are not in compliance with the conditions of the
A. The proposal as submined meets or ezceeds master permit, the planning director shall advise
the subminal requirements in ACC 18.62.030. the mining operator of any noncompliance and pro-
B. The proposal as submined meets or exceeds posed corrections/revisions,induding a time frame �
the standards of ACC 18.62.040. during which such corrections/revisions are to be
C. 'fhe proposal has addressed all operaiional made. If sienificam adverse impacts have occurred
items listed in ACC 18.62.010 and any identified that were not previously identified and mitigated,
impac[s haVe been appropriately mitigated. the planning director shall advise the mining oper-
D. The proposal is consistent with the goals and ator of any required corrections/revisions to the
policies ofthe comprehensive plan.(Ord. 5060§ l, master permit to include such mitigation. If new
1998.) operation standards have been adopted pursuant to
this chapter the planning duector shall advise the
18.62.080 Years of operation. mining operator of any required revisions to the ,
A. At the initial approval of an operations per- master permit to re}lect the new standards,if deter-
mit a master permit will be given for the lifetime of mined applicable and practica] by the planning
ttie mineral resource at the mining site. 7'hese director.
mines must be located within the ciry's compre- The mining operator shall have 90 days from
hensive plan designated mineral resource areas. receipt ofthe planning director's notice unda this
Mines located outside th'e ciry's comprehensive subsection to make the required corrections/revi-
plan designated mineral resource areas may be sions orto appealthe planning director's decision
granted a permit for up to ]0 years and may be to the hearing examiner pursuant to Chapter 18.66
renewed but will be treated as a new application. ACC. The hearing examiner may affirm, modify, .
B. Operations under'a master permit must be or disaffirtn the planning director's determination.
reviewed by the planning director at the end of If the mining operator does not appeal the planning.
—_eachsubsequent-l0yeazs_The.operatorofthe_mine__,_ director's determination then the mining ope_rator _____
must submit to the planning director, at least six shxll make the conections/revisioris proposed by
months prior to the rnd of each ]0-year period,evi- the planning director and the master permit sHall be
dence that the mining operation is in compliance modified to incorporate the re4isions/corrections.
with the conditions of the master permit and the lf the mining operator does not make the correc-
standards contained withiq this chapter. This evi- tions/revisions as requ'ved by the city then the
dence shall include the s6bminal of the existing building offcial shall proceed with enforcement
topography in a computer disk form that is compat- action under Chapter 1.25 ACC.
ible with the city's system. 7'he.operator shall also E. If permits for mines lceated outside the
provide an estimate of the amount of material that ciry's comprehensive plan designated mineral
has been removed, an estimate of when mining is resource azea are not renewed then the surface min-
to be complete, identification of any areas where ing operations shall cease and thc mine reclaimed
mining has been completed and whether restora- pursuant to the requiremenu of Chapter 78.44
tion has beguo or is anticipated to begin. RCW. (Ord. 5060 § l, 1998.)
C. The master permit sFiall remain in effect if it
is found the operations are in compliance with the 18,62.090 Existing mining operations.
conditions of the master permit,the standazds con- For those surface mines that are operating under
tained within this chapter, and there have been no a valid city of Aubum permit that has not expired,
significant adverse impacu that have occurred that and were limited to a five-yeaz permit, the permit
were not previously identified and effectively miJ- shall automatically be extended by an additional
igated. five years without the need for re4isions to the
D. Ifthe planning director determines that oper- existing permit or additional hearings and, if
ations aze not in compliance with the conditions of located within the city's comprehensive plan des-
the master permit or the standards contained within igqated mineral resource area, shall be deemed the
this chapter, or that significant adverse impacts . initial approval of a master pemiit under ACC
have resulted from the operation and have not been 18.62.080. At the end of the 10-year period any
mitigated, then the planning director shall so master permit may continue in effect putsuant to
advise the mining operator in writing within 90
1 g-86.� (Revised 3I04)
18.62.100
the provisions of ACC 18.62.080, and any other Chapter 18.64
permits may be renewed pursuant to the provisions
of ACC 18_62.080. (Ord. 5060 § 1, 1998.) ADMINISTRATIVE AND
CONDITIONAL USE PERMITS
18.62.100 Entorcemeot of permits.
Failure of the owner/operaror to comply with Sections:
any or all of the provisions of lhis chapter or any or 18.64.010 ]ntent.
al�l of the provisions of the individual surface min- 18.64.020 'Process.
ing operztions pemiit may cause the building offi- 18,64.030 Application.
cial to proceed u�ith enforcement action under 18.64.040 Findings of fact.
Chapter 1.25 ACC. (Ord. 5060 § 1, ]998.) 18.64.050 Conditions of approval.
18.64.060 Time limitations.
18.64.070 Revocation of permi(.
18.64.010 Intent.
lt is the intent of Uvs chapter to provide for a
process to allow for uses that are not paxnitted out- '
right within a zone. These uses typically requ've a - -
special degree of convol to make sure the uses are
consistent wit6 and compatible to other existing
arid permitted uses within the zone and to prevent
and abate public nuisances. Only those uses listed
as requiring either an administrative or conditional
use permit,within a particulaz zone,gualify for this
process. The planning director may determine that
other similar uses, which are not listed, may qual-
' ify for this process. This process is not to replace
the variance procedure or to permit uses that are
_....—---------------- --- ----- — - — -
i not allowed within the zone. (Ord.'4840§ I, 1996;
Ord. 4'173 § 1, 1995;Ord. 4229 § 2, 1987.)
18.64.020 Process.
A. Conditional Use Permits. A request for a
conditional use permit shall be heard by the hear-
ing examiner in accordance with the provisions of
Chapter 18.66 ACC. Thp hearing eacaminer sfiall
make a recommendation to the city council.
B. Adiniriisvative Use Permits. An administra-
tive use permit is a process to allow certain uses
which requue some review in order to properly site
them within the zone. It is intended fo provide an
administrafive process to provide an efficient
review of uses to ensure the use is compatible and
consistent with,other existing and permitted uses in
the ione. This process.shall only be ased in those
zones tNat specifcally allow administrative uses.
I. The.planning director shall review and
approve all administrative uses. Upon receipt of a
proper application the director 3ha11 wittun 15
working days approve or deny the permiL
2. 7'he director's decision shall be for-
warded to the applicant.
3. Public notice in accordance witli the pro-
visions of ACC 14.07.040 shall be provided.
(Revised 3104) 18-86.2 .
;
Auburn City Code 18.64.030
4. Any affected party may appeal the plan- C. The site plan shall b;e adopted and made part
ning director's decision to ilie hearing examiner. of the pertnit. Subsequent building permit5 and
An appeal must be filed within 14 days of the date conswction activiry shall be in accord with the
of mailing of the directoi s decision.Mailing of the approved site plan. Adjustrnents to the site plan
notice shall be by certified mail. 'I�he appeal shall may be approved as follows:
be scheduled for the next regularly scheduled 1. Minor Adjustments. Minor adjustrnents ,
meeting of the hearing examiner, for which proper may be made and appro4ed by the planning direc-
public notice can be provided.The city shall extend
the appea] period for an additional seven days for
adminisvative use permits that are accompanied by
a final mitigated determination of nonsignificance
or final EIS.
5. The appeal shall be processed the same as
a conditional use permit with the hearing examinei
making a recommendation to the city council.
(Ord. 5811 § 6, 2003; Ord, 4875 § 1, 1996; Ord.
4840 § 1, 1996; Ord. 4304. § 1(45), 1988; Ord.
4229 § 2, 1987J
18.64.030 ApplicatioQ.
p. In addition to the reguirements for a com-
plete application a3 set forth in ACC Title 14, an
application shall be required for approval of an
administrative or conditional use permit which
sfiall include,a site plan that illusvates the follow-
ing:
1. Vicinity map;
------2-Name; address�-phone-number-of-prop-
erty owner;
3. Name, address, phone number of engi-
neer or agent;
4. Boundaries and dimensions of property;
5. Adjacentpublirstreets;
6. Easements,existing and proposed;
7. Location and size of all existing and pro- .
posed utilities;
8. I.ocation of building, including setbacks;
9. Location and layout of off=street parking;
10. Location and height of fences;
I 1. Location and size of signs;
12. Landscape detail;
13. Indication of height of buildings.
B. The site plan shall be properly dimensioned
and drawn at a scale not less than one inch equals
40 feet. The site plan must be easily reproducible
and on a sheet siie no larger than 24 inches by 36
inches;more sheets tnay be allowed if necessary.A
reproducible and seven copies of thesite plan shall
besubmitted at time of application.
18-86.3 (Revised 3�Oa)
This page left intentionally blank.
----- .., .. _ _ _ - -_...-- ------- -- . .. ____._...
(ftevised 3�04) 18-86.4
Auburn City Code 18.64.070
tor. Minor adjustments are those which may affect increase reguirements in the standards;criteria, or
the precise dimensions or siting of buildings, but regulations of this title or other ciry legislation or
which do nof affect the basic character or arrange- adopted policies. (Ord:4840 § l, 1996;.Ord. 4773
ment of.buildings approved, nor the development § 1, 1995;Ord.4229 § 2, 1987.)
coverage of the development or the open space '
requirements. Such dimensional adjustments shall 18.64.060 Time limitations.
�
not vary more than ]0 percen� from the original. Unless specified elsewhere,an administrati4e or
2. Major Adjus(ments.' Major adjusiments conditional use perriiit shall be ,implemented
are those when determined by ihe planninF director within iwo years of the approval. ]f a building per-
substantially change the basic design, coverage, mit or occupancy permit has not been issued within
open space or other requirements of the permit. the two-year period then the administrative or con-
When the planning director detertnines a change ditional use pertnit shall be null and void: (Ord.
.
constitutes a ma�or adjustment, no boilding or 4840 § 1, ]996;Ord,4229 § 2, ]987.)
other permit shall be issued without prior review
and approval by the hearing examiner and city 18.64.070 Revocation otpermi�
council of such adjustment. (Ord. 4840 § 1, 1996; The building official may revoke or suspend any ,
Ord.4229 § 2, ]987.) permit granted under the chapter if any of the fol-
lowing conditions is found to exist:
18.64.040 F}ndings of fact. A. Fraud in obtaining the permit;
Administradve and conditional use permits may B. Concealment or misrepresentation of any
only be approved•if findings of fact are drawn to material fact on the application or on any subse-
support the foJlowing: � . quent applications or reports;
A. The use will.have no more adverse effect on C. The operatiod is found to be iq violauon of
the health, safety or comfort of persons living or the approved plans,conditions of approvals,or the
working in the azea and will be no more injurious, terrtis of the permit and the owner tias failed Co cor- ,
economically or otherwise,to property or improve- rect.the violation after proper notice thereof. (Ord.
menu in the surrounding azea than would any use 4840 § 1; 1996; Ord.4229 § 2, 1987:)
generally_permitted in the district. __ ___ ,
Among matters to be considered are tr�c tlow � '
and convol, acces's to and circula�ion within the
property,off-street parking and loading,refuse and
service area, utilities, screening and buffering,
signs, yards and other open spaces, height, bulk,
and location of strucmres, location of proposed
open space uses, hours and manner of operation,
and noise, lights;dust, odor, fumes and vibra[ion;
B. The proposal is in accordance with the goals,
policies and objectives of the comprehensive plan;
C. The proposal complies with all requirements ,
of thistide;
D. The proposal can be constructed and main-
tained so as to be harmonious-and appropriate in
design,character,and appearance with the existing
or intended character of the general vicinity;
E. The proposal will not adversely affect the
public infrastnicmre; ,
F. The proposal will not cause or create a public
nuisance: (Ord. 4840 § ], 1996; Ord. 4773 § l,
1995; Ord. 4229 § 2, 1987:)
18.64.050 Conditions of approval.
ln order to mitigate any significant ad4ers8
impact or support a finding of fact or prevent and
abate public nuisances associated with the pro-
posal, condi}ions may be imposed which could
18-87 (Re�setl a/s5)
18.66.010 I
Chapler 18.66 inclnde the ezaminer pro tem. (Ord. 4840 § 1,
1996;Ord. 4229 § 2, 1987.)
HEARING EXAMINER
18.66.040 Appointment and term.
Sections: The hearing examiner shall be appointed by the
18.66.010 TiUe. mayor and subject ro confirmation by the Aubum �
18.66.020 General objectives. ciry council. In the event that the appointed exam-
18.66.030 Creation of the hearing examiner. iner is unable to perform �he duties of office for
18.66.040 Appointment and ierm. whaiever reason, or in �he event of a vacancy in
18.66.050 Removal. office, �he mayor shall appoint an examiner pro
18.66.060 Qualifications. tem who shall have the authori[ies herein provided.
18.66.070 Examiner pro tempore-Duties. (Ord..4840§ 1, 1996; Ord, 4229 § 2, 1987.)
18.66.080 Hearing examiner-Conflict of
interest. 18.66.050 Removal.
18.66.090 Freedom from improper influence. The examiner or the examiner pro tem may be
18.66.100 Duties of the examiner- Applications removed from offrce at any time by the mayor.
and decisions. (Ord.4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.66.110 Appliwtions.
18.66.120 Report by planning department. 18.66.060 QualiPcations.
18.66.130 Public hearing. The ezaminer and the examiner pro tem shall be
18.66.140 Exaininer's decision�and appointed solely with regard to theu qualifications .
recommendations-Findings required. for the duties of the office which shall include,but i
18.66.150 Request for reconsideration. not be limited to, appropriate educational experi-
18.66.160 Appeal of final decisions. ence such as in urban planning, land use law and
18.66.170 Hearing examiner's recommendation. public administration. Wherever feasible, the '
18.66.180 Council action. � rtiayor shall endea4or to appoint qualified candi-
18.66.190 Review of chapter by council. dafes who reside in the Aubum area. (Ord. 4840 §
-- 1, 1996;Ord.4229 § 2, 1987.) -_--_—._ -- _-
18.66.010 TiAe. � '
This chapCer shall be hereafter known as the 18.66.070 Examiner pro lempore-Duties.
"hearing examine�' chapter and may be cited as The examiner pro tem, in the event of the
such and will be hereinaker referred to as "this absence or inability of the examiner to act;-shall �
chapter". (Ord. 4840 § 1, 1996; Ord. 4229 § 2, have all the duties and powers of the examiner.
1987J (Ord. 4840 § 1, 1996;Ord.4229 § 2, 1987.)
18.66.020 General objectives. 18.66.080 Hearing examiner-Conflict of
It is the general objective of this chapter to: interest.
A. Provide a single, efficient, integrated, land 7'he examiner shap not conduct or participate in
use regulatory decision-making pYocess and public any hearing or decision in which the examinei has
hearing system; a direet or indirect personal interest which might
B. Render land use regulatory decisions and exert such influer�ce upon the examiner that might
recommendations to the ciry council; interfere with his decision-making prceess. Any
C. Provide a greater degree of due process in actual or potential conflict of interest shall.be dis-
land use regulatory decision-making and public closed by the hearing examiner to the parties
hearings; immediately upon discovery of such contlict. Par-
D. Separate land use policy forrnulation from ticipants in the land use regulatory process have the '
land use policy administration processes. (Ord. right,insofaz as possible,to have the examiner free
4840 § 1, 1996; Ord.4229 § 2, 1987J from personal interest or prehearing contrac[s on
land use regulatory matters considered by him.It is
18.66.030 Creation of the hearing examiner. recognized that there is a countervailing public
The office of the hearing examiner, hereinafter righ[ to free access to public officials on any mat-
referred to as examiner, is hereby created. The ter. If such personal or prehearing interest contact
examiner shall interpret, review, and implement impairs the examiner's abiliry to act on the matter,
land use regulations as pro4ided in this tide and the heazing examiner shall state and shall abstain
other ordinances.The term examiner shall likewise therefrom to the end that the proceeding is fair and
(Revlsed 4/96) 1g-SS
Auburn City Code 18.66.140
has the appearance of faimess, unless all panies hearing, if required, the plarining department shall
agree in writing to have the matter heard by said coordinate and assemble the comments and�ecom-
� examiner.If all parties do not agree and the h�earing mendations of other city depanments and other .
ezaminer must abstain,the mayor shall be notified govemmental agencies having an interesl in the
and the mayor shall appoint a hearing examinerpro subject application and shall prepare a report sum-
tem ro sit in the hearing examiner's stead. (Ord. marizing the issues involved,planning department
4840§ 1, 1996;Ord.,4229 § 2, 1987.) findings of fact, recommended conditions and/or '
recommended ac�ion.This report shall be Vansmit-
18.66.090 Frcedom from improper inlluence. ied to�he examiner at least (our calendardays prior
No council member, city official, or any other io the scheduled hearing.Copies of this repon shall
person shall attempt to interfere with, or improp- be mailed to the applicant prior to the hearing and
erly influence the examiner or examiner pro tem- shall be made available to the public for the cost of
pore in the pedormance of his designated duties. reproduction prior to the scheduled hearing. (Ord.
(Ord.4840 § 1, 1996; Ord. 4229 § 2, 1987.) 4840§ 1, 1996;Ord.4229 §2, 1987.) .
18.66.100 Duties of the examiner— 18.66.130 Public hearing.
Applications and decisions. A. Before rendering a decision or recommenda- ' ,
For cases and actions as. prescribed by ordi- tion on any application for which a public hearing
nance, the ezaminer shall receive and examine is required, the examiner shall hold a public hear-
available infortnation, conduct public hearings, ing thereon. Unless otherwise requited by the
prepare a record thereof;and enter findings of fact, Aubum Ciry Code, all hearings conddcted 6y the
conclusions based upon those facts,and a decision., examiner shall be open record hearings. Notice of
As provided by ordinance, such decision may be a the place and time of the public hearing shall be
recommendation or a final action subject to appeal given as provided in the ordinance governing the
as provided by ordinance. (Ord. 4840 § 1, 1996; ap"plication. If none is specifcally set forth, such
Ord.4229 § 2, 1987.) � notice shall be given in accordance with ACC
18.70.040.
18.66.110 Applications. B. The examiner shall have the power to pre-
Applicanons requinng a deteiminaGon by the scnbe ndes and r�gui�Tio�1s fb�the conductbf hear- '
hearing examiner shall be filed with the planning ings under this chapter subject to review by the city
department. council and to administer oatfis and preserve order.
A. Within 28 days of receipt of an application C. At the dose of the testimony'the examiner .
the planning department shall determine whether may close the public hearing,continue the hearing .
the application is complete. lf complete, the appli- to a dme and date certain, or close.the public hear-
cation shall be accepted.If not complete, the plan- ing pending the submission of additional informa-
ning department shall request that the applicant tion on or before a date certain.
provide additional infortnation as necessary to D. Unql a final action on the application is
complete the npplication. Where applicable, this taken, the examiner may dismiss the application
process shall meet the requirements for completion for failure to diligendy pu�sue the application after
as set fonh in ACC Title 14. notice is given to all parties of record.
B. The applicant shall be advised of the date of E. If a projec( consists of'different actions
acceptance of the application and of the envuon- which require sepazate hearings to be held for each
mental determination, if one is made. The appli- action, one consolidated hearing shall be held as
can} shall be advised of the date of any public required by ACC Tide 14. (Ord. 4840 ¢ 1, 1996;
hearing at least. ]0 calendar days prior ro the hear- Ord.4229 § 2, 1987J
ing. If pursuant to ACC Title 14, an open record
predecision hearing is required and the tHreshold 18.66.140 Examiner's deasion and
determination requires public notice pursuant to recommendations—�ndings
Chapter 16.06 ACC, then the threshold detemtina- required.
tion shall be issued at least 15 days prior to the A: Unless the time is extended pursuant to this
open record predecision hearing. (Ord. 4840 § 1, section, within ]0 calendar days of the conclusion
1996; Ord. 4229 § 2, 1987.) of a hearing,or the date set for submission of addi-
tional information pursuant to this chapter, the
18.66.120 Report by planning department examiner shall render a written decision,including
When such application has been set for public findings from the record and conclusions there-
18-89 {aeysed ass�
18.66.150
from,and shall[ransmit a copy of such decision tiy examiner may at the time of approval or recom-
regular mail, postage prepaid, to the applicant and mendation setforth time limits forezpiration which
other parties of record, in the case who have exceed those prescribed in this sution for such
reques[ed notice of the decision at the public fiear- extended time limits as are justified by the record
ing. The person mailing the decision shall prepare of the action.(Ord.4840 § 1, 1996;Ord.4229 § 2,
an affidavit of mailing, in standard (orm, and the 1987.)
affidavit shall become a part of the record of the" '
proceeding. In ihe case of applications requiring 18.66.I50. Request for reconsideration.
ciry council approval, the examiner shall iransmii The planning direaor or an interested pany
his decision to the ciry council. affected by the final decision or recommendation
B. In extraordinary cases, the time period for of the examiner who assens tlia)the hearing exam-
filing of the recommendation or the decision of the iner based that recommendation or decision on an
examiner may be extended for not more than 20 ertoneous procedure,ertors of law or fact, error in
calendar days afier the conclusion of the hearing if judgment,or the discovery of new evidence which
the examiner finds that the amount and the namre could not be reasonably available at the prior hear- .
of the evidence to be considered,or receipt of addi- ing may make a written request for review by the
tional infortnation which cannot be made available examiner within se4en calendar days after the writ- . .
within the normal decision period, requires the ten decision of the eXaminer has been rendered.
extension. Notice of the extension, stating the rea- The reqoest for reconsideration shall set forth the _
sons therefor, shall be sent to all parties of record specific errors relied upon by such appellant, and
in the manner set fonh in this section for notifica- the examiner may, after review of the record, take
tion of the examiner's decision. further action az the examiner deems proper. The
C. Conditions. The examiner's recommenda- examiner may request further infortnation wfiich
tion or decision may be to grant or deny the appli- shall be provided within 10 calendar days of the
capon, or the examiner may require of ihe examiner's request. The examiner's wriften deci-
appficant such conditions, rtiodifications and sion on the request for consideration shall be trans-
resvictions as the, examiner finds necessary to mitted to all parties of record within 10 calendar
make the application compatible with the environ- days of receipt of the request for reconsideration or
ment an carry out t e goa s an o6jecuves of the— rece—ipt o�-the�di[ional-iqformation requested, '
comprehensive plan, this title, the land division whichever is later. (Ord.4840§ 1, 1996;Ord.4229
ordinance, other codes and ordinances of the city § 2, 1987.)
of Aubum, and the approved preliminary plat, if
applicable. Conditions, modifications and �estrio- 18.66.160 Appeal of final decisions.
fions which may be imposed shall be founded in The planning direcror or any interested party
the body of legislation approved'by the ciry coun- affected by the examiner's written final decision
cil. Pedormance bonds may be required to insure may submit a notice of appeal to the ciry clerk,upon
compliance with the conditions, modifications and a fortn supplied by the ciry clerk,within lOcalendar
restrictions. days from the date of mailing of the examiner's
D. Tertnination of Decision. The ciry declares report. The notice of appeal shall be accompanied
that circumstances sorrounding ]and use decisions by a fee,if any,in accordance with the fee schedule
change rapidly o4er,a period of time. In order to of the city. The hearing examiner's decision shall
assure the compatibiliry of a decision with wrrent bescheduled by the city clerk for a closed record
needs and concerns,any such decision shall be lim- public hearing before the city couneil.Notice of the �
ited in duration,unless the action or improvements closed record public hearing shall be posted and
authorized by the decision is implemented prompt- sent to all parties of record at Ieast 10 calendar days
ly.Any application,except a rezone,approved pur- prior to that hearing date.The hearing date shall be
suan[ to this chapter shall be iinplemented within the earliest feasible city council meeting following
Cwo yeazs of sucfi approval unless o[her time limits the expirauon of the notice period. Upon conduct-
aze prescribed elsewhere.Any application which is ing a closed record public hearing and upon its
not so implemented shall terminate at the conclu- review of ttie record of the hearing examiner's final
sion of that period of time and become null and duision, the ciry council may affirm, reject,mod-
void. The examiner may grant one extension of ify, or remand the hearing examiner's decision or .
time for a maximum of one year for good cause take whatever action it deems appropriate pursuant
shown. The burden of justification shall rest with to law. At the closed record hearing no o'r limited
the applicant.For large-scale or phased projects the
(Revised o/s6) 18-90
Auburn City Code 18.68.030
new evidence or information is allowed to be sub- Chapter 18.68
mined and only appeal argument is allowed. (Ord..
4840 § 1, 1996;'Ord.4229 § 2, 1987.) AMENDMENTS
18.66.170 Hearing examiner's Sections:
recommendation. I8.68.010 ]ntent.
A. For actions requiring the hearing examiner's 18.68.020 ]riitiation of amendments.
recommendation as pro��ided by ordinance; the 18.68.030 Public hearing process.
examiner's recommendation shall bc forwarded to 18.68.040 Public hearing notice requirements.
the city council wiiliin 10 calendar days of the I 8.68.050 Amendments to rezone requests.
ezaminer's decision.The recommendation shall be 18.68.060 Comract rezones.
placed on the next agenda of the ciry council. The
ciry council upon its review of the record may: 18.68.010 Intent.
1. Affirm the recommendation; The purpose of this chapter is to proviile for a
2. Remand the recommendation to the hear- process to amend either the text or map of this title.
ing examiner; (Ord. 4840 § I, 1996; Ord.4229 § 2, 1967.)
3. Schedule a closed record public hearing
before the city council. 18.68.020 Initiation of amendments.
B. Any aggrieved person may request the city A. Zoning Map.
council to conduct its own closed record hearing., 1. One or more property owners of the paz-
Upon iu own closed record hearing the ciry council cel may submit an application requesting a reclas-
may affirm, reject, modify the hearing examiner's sification of the parcel;
recommendation or take whatever action it deems 2. The ciry council,or planning and commu-
appropri9te pursuant to law. (Ord. 4840 § I, 1996; nity development commiftee of the city council,
Ord. 4229 § 2, 1987.) upon its own motion may request the planning
commission or hearing examiner co conduct a pub-
18,66.180 Council action. lic hearing on theyreclassification of a parcel orpar-
-Any-application-re:quiring-action-by-the-ciry.------cels_of_prDpert�; ---._;- ..___.._.__.__._,. ,_,.._.
council shall be evidenced by minute enhy unless 3. The planning commission may upon its
otherwise required by law. When taking any such own motion call for a public hearing on the reclas-
final action, the council sha11 make and enter find- sification of a parcel or parcels of property.
ings of fact from the record and conclusions there- B. Teict.
from which suppon its action. Unless otheiwise 1. The city council,orplanning and commu-
specified, the city council shall be presumed to niry development committee of the city council,
have adopted the hearing ezaminer's findings and upon iu own motion may request the planning
conclusions. commission to conduct a public heazing to amend
A. All applications requiring council action any portion or all of this title;
shall be placed on the council's agenda for consid- 2. Th_e planning commission may upon its
eration. own motion call for a publirhearing to amrnd any
B. 7'he action of the council approving,modify- portion or all of this title;
ing or rejecting the hearing examiner's decision or 3. Any resident orproperty owner ofthe ciry
recommendation stiall be fnal and conclusive, may petition the city to request an amendment to
subject to any writ of review pursuant to law.(Ord. the text of this title. (Ord. 4840 § 1, 1996; Ord.
4840 § 1, 1996; Ord. 4229 § 2, 1987.) ' 4304 § 1(46), 1988; Ord.4229 § 2, 1987.)
18.66.190 Review of chapter by council. 18.68.030 Public hearing process.
The city counci]mzy on an annual basis review A. Text Amendments. The planning commis-
the content and effect of this chapter on the city of sion shall conduct at]east one public hearing on all
Aubum and its citizens.The method of review may amendments to this title,The planning commission
include a public hearing open to all interested citi- shall make a recorrimendation to the city council
zens. 'I'he council afler review and consideration who may or may not conduct a public hearing.
shall at that time decide to modify,repeal,or retain B. Zoning Map Amendments.
al.l of or part of this chapier. (Ord. 4840 § 1, 1996; 1. Reiones lnitiated by an Applicant Other
Ord. 4229 § 2, 1987.) 'fhan Ciry. All applications for a rezone shall be
reviewed by the planning direMOr prior to the
18-91 (Revised 3/04)
18.68.040
scheduling of a public hearing. After review of the 2. Rezones, ]ncluding Areawide Zoning,
application the director shall determine which of lnitiated by the City..
the following two processes should occur to prop- a. Planning Commission. As a mini-
erly hear the rezone: mum, notice of public hearing shall be given by
a. If the rezone is consis}ent with the publication, in a newspaper of general circulation
comprehensive plan then the hearing ezariiiner in the aiea,at least 10 days prior to the public hear-
shall conduct a public heariqg on the rezone and ing. Additional mailing or posting of notices may, '.
make a recommendation to the city council pursu- at the option of the planning commission, be
ant to ACC 18.66.170; required.
b. If �he rezone is in conflict wiih the b. Ciry Cpuncil. As a ininimum, notice
comprehensive plan, or there are no policies that of public hearing shall be given by publication, in
relate to the rezone, or the policies are not com- a newspaper of general circulation in the area,prior
plete,then a comprehensive plan amendment must to the public hearing.Additional mailing or posting
be approved by the ciry council prior to the rezone of the notices may,at the option of tt�e ciry council,
being scheduled for a public hearing in front of the be re_quired. (Ord. 5811 § 8, 2003; Ord. 4840 § 1,
hearing eXaminer. 'I'he planning commission shall 1996; Ord.4229 § 2, 1987.)
conduet a public hearing on the cotriprehensive'
plan amendment and make a recommendation to 18.68.050 Amendments to rezone requests.
the city council. A requested rezone may be changed, condi-
2. Areawide Zoning and Rezoning;lnitiated [ioned or modified by the.hearing examiner or ciry
by the City. The planning,commission stial] con- council when under their appropriate jurisdiction
• duct a p'ublic hearing and make a recommendation without requiring additional hearings, to those pre-
to t6e eity council. If applicable, a comprehensive viously prescribed subject to the following:
plan amendment may also be processed. A. 7'he modification or change shall not result
C. City Counci]Decision.The ciry counci]may in a more intense zone than the one requested;
affum; modify or disa�rm any�recommendation B. The area ofthe request shall not be enlarged,
of the planning comiqissioo or hearing examiner however,the area may be lessened. (Ord.4840§ 1, •
with reeard to a_mendments of the tezt oi map of ____ . 1996• Ord. 4229 §2 1987.)
--- - '— --..—.___ ..._ _
this title. (Ord. 4840 § l, 1996; Ord. 4229 § 2, �
1987.) 18.68.060 Contract rezones.
In order to mitigate any unpacu that may result
18.68.040 Public hearing noHce requirements. from a rezone the ciry may en}er into a contract
A. Text Amendments. with the property owner.T'he contract shall outline
I. Planning Commission.Notice of a public the conditions of approval and the obligations'of
heazing shall be given by publication,in a newspa- the property owner. The contract shall be binding
per of genera] circulation in the area, at leas4 10 upon the owner and his heirs, assigns and succes-
days prior to the public hearing and by posting the sors.The contract shall run with the land,be signed
notice in three general publirlocations. by theproperty owner(s) acid be recorded with the
2. Ciry Council. Notice of a public hearing appropriate King County oftice; for propetties
shall be given by publication; in a newspaper of located in King Codnry, or recorded at the appro-
general circulation in the area, prior to th_e public priate Pierce Codnry of6ce for properties located in
hearing and liy posting th_e notice in three.general Pierce Counry. Any amendments to the contract
public ]ocations. shall be approved by the city council. (Ord. 5170§
B. Zoning Map Amendmenu. 1, 1998;Ord.4840§ l, 1996;Ord.4229§2; 1987.)
1. Rezones Initiated by an Applicant Other
'I'han Ciry.
a. Hearing Examiner. Notice of a public
hearing shall be givea at least ]0 daysprior to the
public hearing and in accordance with ACC
14.07.040.
b. Ciry Council,Notice of a public hear-
ing shall be given by publication,in a newspaper of
general circulation in the area, prior to the public
hearing and by posting the notice in accorda�ce
with ACG 14.07.040(B).
(Revised 3104) IS-92
Auburn City Code 18.69.020
Chapler 18.69 A. Preservation of Namrel Amenitits. Preser-
va}ion o(de,irable site characteristics such as open
PLANNED U�IIT DEVELOPMENT spaces and the protection of sensitive environmen-
IPUD) DISTRICT tal features including steep slopes, mature vees.
rivers. creeks. wetlands. lakes and scenic Oiewi.
Szctions: B. Pedestnan Oriented Communities.- Use of
18.69.010 Purposz. �rafrc managemen[ and design techniques to
I 8.69.0'0 Proce��. reduce traffic coneestion and increase the porenti�l
15.69.0�0 Deiimuom u�e of �I�empti�e modes o( travel such a> m��,
I8.69.0-t0 Loc�tion and size. transit. pedestnan and bicycle tra(fic.
18.69.050 Permitted uses. C. Land Use Efficiencies. Pro4ide efficient and
18.69.060 Calculation of number o(dwelling effective use of land, open space:and public facili-
units. ties that result in lower development cost and make
18.69.070 Development standards. housing more affordable.
I8.69.080 Design requirements. D. lmproved Transitional Areas. Improoe the
18.69.090 Public infrastructure requirements. sensitive development of transitional areas located
18.69.100 Application for rezone approval of between different land uses, environmentally sen-
PUD designation. sitive areas, and along significant corridors withiri
18.69.1 10 Phased developments. the city.
18.69.120 Concurtence wiih subdivision E. Implementation of[he Comprehensive Plan.
regulations. Provide development [hat is consistent with�the
18.69.130 Administrative review. goals and policies of the comprehensive plan.
18.69.140 Hearing examiner review. PUDs may also allow for a small amount of devel-
18.69.150 Findings of fact. opment From other comprehensive plan designa-
18.69.160 Citv council action. tions if determined to be appropriate forthe PUD
18.69.170 Time limitaiions. and i[s surround�ings..
18.69.180 Binding site plan approval. F. Entianced Design Fea[ures. Provide building
--- . 18:69.-f90-Adjustmentsto che-Pi�D-biinding site�r�-strtictufal-designs-that-comple��€nt-sucrouud---
plan. ing land uses and their environment. Design stan- .
18.69?00 Propeny o�yners' association. dards should reFlect quality site planning,
18.69?10 Final site plan approval/conswction landscaping and building architecmre.
permiu. G. Creation of Public Amenities. Enhance
parks and open spaces consisten[with the compre-
18.69.010 Purpose. hensive park plan and nonmororized plan.
The purpose of a planned unit development H. Affordable Housing. Provide affordable
(PUD) disinct is to offer enhanced flexibiliry to housing options in accordance with the targets
develop a site through innovative and altemative established by the King Counry countered planning
development standards. A PUD district also allows policies and Aubum`s comprehensive plan. (Ord..
for a greater range of residential development sce- 5141 § 1, 1998.)
nanos. provides for internal transfers of densify,
and may result in more dwelling units than may be , 18.69.020 Process.
realized by using the existing develc�ment stan- The approval process for planned �nit develop-
dards. In exchange for this enhanced fFexibiliry,the ments (PUDs) is three steps. The ficst step is the
city will require the PUD to result in a'significantly rezone approval of the PUD by the hearing exam-
higher qualiry development, geneiate more public iner and ciry council. The second step is the
benefit and be a more sensitive proposal than approval of either a preliminary plat, a bindin� site
would have been the case with the use of standard plan,or a combination of both.The third step is the
zoning or sub_division procedures. approval of either a final plat, a final site plan by
In order for a PUD fo be approved it will be the [he planning director or a combination of both.
applicant's responsibiliry to demonstrate, to the Step two may be combined with step one.
ci�y's satisfaction. that the proposed PUD achieves " A. Step One- Rezone Appro4al. Approval of a
or is consistent with the following desired public PUD shall be applied by the rezone process as
benefits and expeceaiions in whole or in pan. specified in Chapter 18.68 ACC. The rezone shall
be a contract reione and shall es[ablish the land
uses, densiry, number and rypes of dweRing units,
15-92.1 (Revised 7/99)
18.69.030
n"umber and distnbution of lots/units.-any modi(i- lot. The strucmre is set back from all remaining lot
cation of plat development siandards,_eneral siree� lines.
layout, street ngtit-o(-way u•idths. whethzr streets 3. Semi-Detachzd,"Semi-detached lots"are
are public or private,the amount,type.and location lois which the structu�e on the lot does not have a
- of open space and park land, phasine plans if any, setback from one of the interior side lot lines and is
and ihe responsibilities of the .owner/de��eloper. aiiached to another struciure on an adjoining lot ,
Applico)ion for rezonz approval sh�ll be in accor- which shares �he same�ide lot line.The siructure is
d�nce tiith ACC 13.69.1 10. xei back from �II rem�inine loi lines.
B. Step T��o — Prelfmfn�n PlatBindine Siie a. .4nached. ".�u�ched lot." are lois which
Plan Appro�al. For tho.e PUDs tha�con.ist of onl� ihe swcmre on ihe lot does noi have a seiback
single-family or duplex planed lots a preliminary from either of the incerior side lot lines and is
plat may be filed pursuant to Chapter 17.06 ACC. auached to anotfier swcmre on the adjoining lot.
For those PUDs �hat contain structures y�ith ihree The stnicture is se� back from all remaining lot
or more dwelling units or nonresidential uses then lines.
a binding site plan must be approved for ihose uses. F. "Net area" (also referred to as net acreaee or
Preliminary plaVbinding site plan appro.•al must be net usable area) shall be defined as the gross area
concurrent if a PUD re_quires both approvals. Pre- minus the area designated as nonbuildable areas
liminary plat/binding site plan applications may be and nonresidential uses.
for all or a ponion of�he area zoned for the PUD. G. "Nonbuildable areas" include slopes that
Applica�ions for a binding site plan shall be in zxceed 25 percent measured between each 25-foot
accordance with ACC 18.69.1$0. contour line; wetlands delineated pursuant to the .
C. Step Three — Final Plat/Final Binding Site definition of "wetlands" contained within ACC _
Plan Approval.Final plats shall be approved pursu- 16.06.030; or floodways as defined by ACC
ant to Chapter 17.10 ACC: Final binding site plan 15.68.060(1). Slopes, wetlands, or floodways, that
approval shall be 6y the planning direaor. Appli- are allowed to be modified by the city,and wetland
cation for final binding site plan approval shall be buffers, may be considered buildable and there(or
in accordance with ACC 18.69.210. (Ord. 5141 § [heir area can be used to calculate the number of
—F-1998:� —�nits�Nowed�n—a—Pl�D—parsaant—co—ACC ---
18.69.060. '
18.69.030 Definitions. H. "Open space" may include such features as
For the purposes of this chapter: landscaped areas, held in common ownership tiy a
A. "Densiry" means the maximum number of homeowners' association of[he PUD and pan of a
dwelling units peracre allowed within a given area. landscape plan common to the entire PUD. passive
B. "Department" shall ' refer to che ciry of and active recreation uses, natural features, envi-
Aubum depanment of planning and communi[y ronmen[al amenities such as wetlands and i[s buff-
development. ers, and, storm water facilities that incorporate any
C. "Gross area" (also re(erred to as gross acie- or all of the abo�e identifed feawres. Open space
age or gross usable area) shall be defined as all of areas shall be requireA to be enhanced if not
the area within the boundanes of the entire PUD already an exis�ing amenity. The open space must
.ite including all public and private parcels, rights- be a permanent, integral, functional and main-
of-way, opzn spaces. common areas, and dedica- tained ameniry that is for the common good and
tions. � enjoyment of the residents of the en[ire PUD and
D. "Impervious surface areas" means the'area - . not just to an individual lot or resident.
of�II ponions o(the site cove�ed by hard sur(aces I. "Priva[e street" means any access easement,
such as buildings. sidewalks, dnveways, garages, iract or stFeet which is not a public street. Drive-
patios and other paved areas. ways which are not part of an access easement,
E. Lot Types. tract or street shall not be consitlered a street.
I. Dttached. "Detached lots" are lots which J. "Public street" includes all stree[s, highways,
the swcture on the lo� is set back from all the lot freeways, avenues, lanes, codns, places or other
linec. public rights-of-way in the city held in public own-
2. Zero Setback. "Zero setback lots"are lots ership and intended to be open as a matter of right
which the str�cture on the lo� does not have a set to public vehicular traffic.
back from one of the interior side lot lines and is K. "Underlying zoning district" means [hat
not �tt�ched to another ,tructure on �n adjoining zoning district(s) existing on the propeny at the
(Revised�7/99) 18-9?.2
,�uburn Citv Code 18.69.060
time the PUD rezone was �pproved for the specific appearance sliall be consistent wi[h the overall res-
PUD. (Ord. �I�I $ I. 1993.) idential character of the PUD. (Ord. 5141 § I.
1998.)
18.69.090 Location and size. •
A. A PUD may be allowed within any re,iden- 18.69.060 Calculation of number of dwelling
tial comprehemf�e plan map designation within uniLS..
the citv of .�uburn excepi thz rural residential des- The maximum number of dwelline units
Ienaiion. allowed in a PUD is calculatrd in the followine
B. Each PW �h�ll ha�r .i ifiihimuin �rca of 10 manner.
acres, unless ihe �pplic�n� can dzmansir�te tYie A. Nonbuildable areas and land set aside for
exi�tence of one of the following: nonresidential I�nd uses are subtracted (rom the
I,.Unusual physical feaiure. of thepropeny gross area of ihe site to determine the net usable
' or of the surrounding neiehborhood are such [hai area of the site.
development of the p�oposed PUD will preserve a B. The number of acres of the net usable area of
physical or ropograpfiic feature of importance to the site is multiplizd by the residential densities
the neighborhood or communiry that would not allowed in the comprehensive plan to produce the
. otherwise be preserved if the propeny were devel- maximum number of dwelling units. Any fractions
aped wieh the existing zoning o(the property. may be rounded up to the neaiest whole numlie�as
2. The p�operty is directly adjacent to or long as [he densities as oudined in subsection C of
across a ri�ht-of-way from p�openy which has this section are not exceeded.
been developed previously as a PUD or a similar C. Residential densities allowed by the compre-
planned unit residemial development and will be hensive plan and illustrated on the comprehensive
perceived as and will func�ion as an extension of plan map are as follows:
ihat pre4iously approved development. (Ord. 5141
.��' I. 1998.) Allowable.Residential Densities
18.69.050 Permitted uses. Co�nprehensive
--- A-Residential.-Permitted residential-uses-in the- p�an Map Maximum Number of
PUD shall be consistent with the existing,underly-
ing comprehensive plan map designation and may DesignaHon Dwelling Units Per Acre
include detached lots, zzro setback lots, semi- Single-family 6 uniis per acre
detached lots, attached lots and multi-unit struc-
wres. No more than 40 percent of the total numbec Moderaie densiry
o(dwelling units wi[hin the single-family compre- residential 12 units per acre
hensive plan desienated areas of the PUD m5y be
attached. semi-attached or multi-unit structures High.densiry
and contain no more than four units per any struc- resideniial 18 units per acre
ture. Accessory residential uses.shall be consistent
with thosz as allowed liy the underlying zoning dis- (Ord. 5141 § I, 1998.)
tnct.
B. Nonresidential. In PUDs ihat ha4e at least
500 residents, nonresidential uses may�be permit-
red in accordance with ihe Neighborhood. Shop-
ping Distnct, Chapcer I8?4 ACC. Th'e amount of
nonresidential land uses, not otherwise allowed by
-..
existing zoning, shiall be calculated at the rare of 70
.quare feet per each resident within the PUD. The
method to calculate the number of residents of the
PUD shall be based upon [he methodology the ciry
uses in iis annual population est�mate: The total
area of nonresidential uses may not exceed 10 per-
cent of the net area of [he PUD. The area may be .
less o�not allowed a�all if existing, nearby nonres-
idential areas can adequately serve the PUD. Non-
residential uces shall be consiructed such tha� the
15-92:3 (Revised 7/99)
18.69.070
18.69.070 Development standards.
The followine de�elopment standards �yill apply for each PUD development within each of[he following
comprehen.ive plan map designated areas.
A. Sinele-Familv Densitv. .
�.o�
.-\rea Se�baeksll)1?1 Boilding Height
, Lo�'1'rpe .
\lin. Lm La� Lm 5ide
sy.ft. Drpih Kid�h Cuvrrage FroN Rear Side Street \lain � Ace.
Demched ?.600 na 10' a09� '_0'/IS' '_0' S' 10' 30' 16'
Attached '_.700 na 30' a09� '_0'/15' ?0' 0' 10' ?0' 16'
Zero _'J00 na 30' JO% ?0'/IS' 20' 0'/5' 10' JO' 16'
Semf-
Jeiached _'.700 na 30' 109� 30'/IS' '_0' OYS' 10' 30' � 16'
B. Modera�e Density Multifamily.
Lot . Building "
Area � .Se�backsll)(21 ' . Height(3)
Lot Type
Min. Lot Lot Lol Side
. sq.ft. Depth . Width Coyerage Front Rear Side Street Mein Acc.
�euu:hed—.3.600-- na _.10�------...50°h.�-207J5'—J5�--5—...----10=�5' � �5. . .
I
Auached ?.700 na ?0' SOR 20'l15' IS' 0' 10' 35' 16' �
Zero � ?.700 na 30' S0%r ?0'/IS' IS' 0'/5' 10' 35' 16' _
Semi- `
Jetached '_.700 na 30' S0'h ?0'/IS' IS' 0'/5' 10' 35' 16'
C. High Density Multifamily.
Lo� � Building
Area ' SetbacksU)12) Height(3)
Lol Type
� �lin. Lo� Lot ,Lot Side
sq.ft. Dep�h ��Nidlh Coverage Front Rear Side Sireet Maie Acc.
De�ached ?.�i00 na 30' 60%r � 20'/15' IS' S' 10' 35' 16'
Auached I.800 na '_0' 60'h� 20'/IS' IS' 0' 10' 35' 16'
Ztro ?.100 no 30' 609r ?0'/IS' IS' 0'/5' 10' 35' 16'
Scmi-
Jeiached ?100 na ?0' 60% ?0715' IS' 0'/5' 10' 35' 16'
1 I) Detached accessory s�rucmies shall meei all ol�he required setbacks excep�those that do not have vehicular entrorrces may setback
5 feec from ehe rear propeny line. �
Ib Pront yard se�barks may be I S fee�excepi for earages or similar sirucmres lor�ehicles ehe secback shall be?0 feet.
13) Buildings.noi includine�accessory sirucmres, within the:multi I'amfly areas may increase its height above 35 Feet fF an additional
10 ieei ol'setback is provided,iur each fooi ihe building exceeds 35 leet. In no case'shall the building heigh�exceed 50 feet. Buildings
ai�he perimeier ul'a PI�D shall in no case be�hSgher than wh�i is nllowed in the adjoining zonfng district.(Ord.5141 § I, 1998.)
(Revisetl 7/99) 18•92.4
Auburn City Code 18.69.080
18.69.080 Design requirements. D. Design Guidzlines. The following design
A. Open Space. widelines �re intended to assist PUDs in meeting
l. Each PUD shall contain open .pace as the purpose o( this chapttr as discwsed in ACC
defined bv ACC 18.69.030(H). The amount of the 18.69.010 and not to restrict innovation, imagina-
open space shall be at least 20 perceni of the gross tion or varie�v. PUDs will however be reviewed
area o(the PUD. Nonliuildable areas may be u,ed and either approved, approved with conditions or �
to meet no more th�n �0 pzrcen� of thz oprn >p�ce denied based upon consisttncy wiih the {olloWine
area reqwrrd h� ihis sec�ion. guidelfne>.
?. The PUD tihall �ISO miei ihr cii�'� p�rk 1. Buildin_ Orirnt�non/Pl�c�ment.
plan standards for park dedication. Ai the cfry's a. Buildin� setbacks from public streets
discretion, the required 20 percem open space may �hould be minimized while maintaining pnvacy
meet all or a portion of the required park land. If and providing a grearer ponion of the lot [o private
detertnined by the city that the PUD does not con- back yards and parking.
tain an acceptable area for public parks, a smaller b. Suilding facades should vary in artic-
park may be accepted if developed to ciry stan- ulation to provide visually interesting streetscape
dards. The city may also, at its discreiion, accept to pedestnans. Building entries and windows
the development of park facilities ai oiher locations should face the sereet. Front porches,bays. and bal-
ou[side of the PUD site in exchange (or the land conies are encouraged.
area required for park dedication within the PUD. c. Pnmary ground (loor entries should
This land must be close enough[o benefit the PUD. orient to streets and not to interior blocks or park-
3. Planned uni[ jdevelopments shall be ing lots, ihereby making the front doorro single-
approved subject to the submission of a legal family homes. duplexes. and townhouses visible
instrument. or inswments, setting forth a plan or from the sveet.
manner of pertnanent care and maintenance of such d. ln order to promote a pedestrian on-
open spaces, recreatiopal areas, private roads and ented development, building designs should mini-
o[her communally owned facilities. No such mize [he visual impact of residential �araees upon
instrument shall be acceptable until approved by the streetscape. For inscance,placing garages in the
— che-city-attvrney-as-to-i�s�egal-fo�m-and-effeat.�ear-yards-such�hauhe�arage_is.accessed.from.an__
Common spaces shall be guaranteed by a restric- alley or similar access provision enhances the
tive covenant describing that the space, its mainte- pedestnan onentation of the streetscape.
nance and improvement are appunenam �o the land e. If buildings are set back from the
for the benefit of the residents o( the planned unit stree[. [here should be a pedestrian connection
development and adjoining property owners. which links �he entrance [o the street frontage.
B. PUD Perimeters: Setbacks from ihe perime- 2. Building Facades and Roof Lines.
ter of the PUD shall correspond to che requirements a. All structures shall exhibit some level
of the adjoining zoning distncis. The ciry may of design treatment and design continuity with the
deiermine a reduced setback is sufficient due to the other components of the PUD.
use of nawral topography, eanh bertns. existing b. PUDs should be designed to be com-
and proposed foliage, and other features such as pa[ible with existing and proposed adjacent land
roadways. wedands or nawral waterways [hat uses in materials, signa�e, lighting, architectural
would otherwise provide sufficient buffering of design and color.
adjoinine parcels. Sight distance cont3icts shall be c. Building entrances for pedestrians
avoided for motonzeA and nonmotorized trafGr. should be easily identifiable and easily accessible.
C. Pedestnan Movement. A PUD shall provide d. For buildings. With more [han four
public pedestrian access.which may require appro- dwelling units, modulation andlor aniculation of
priate ea,ements, to and through the development the facade shall be incoryorated into the building
and to parks, schools or uses that may attract a sig- design to reduce the perception of the bulk and
nificant numb:er of pedestrians. Sidewalks or mass of the building. Use of color, arrangement of
pedestrian ways must connect the required pedes- the facade elements,or change in the materials may
trian sys[em to existing pedestrian systems on adja- accomplish this, Blank walls, at the ground level.
cent developments if adequate safery and security, that are visible from adjoining public right-oF-way
which may include lighting, can be maintained. or adjoining properties shall be avoided by using
Convenient, barrier free, pedestnan access to tran- windows, trellises, wall articulaiion, changes in
sit stops. when applicable. shall be provided. materials, or other features.
IS-92:5 1�visea��s9)
18.69.090
e. Accessory sirucwres such as sireet be landscaped with appropriate vegetation
furnimre. mailtioxes, kiosks. �nd othzr accessory intended to minimize erosion.
s[ructures are ro be desiened as part of the architec- e. The landscape design of the PUD shall
tural concept of the PUDs building and landscape auempt to achieve unity by. repetition of certain
de,ien. plant vaneties and other materials and by correla-
3. Colors and �1a�erials. tion with other adjacent properties.
a. Colon and materials o( the adjacene f. Fencing ,hall be designed to be com-
❑rea should br con>idzred ��hen selectine the mme- paiible �aith the o�erall dtsi�n of the PUD.
ri�l> and colon u�zd in ih� PUD. 7. Siie Li�hiine.
b. Developments in aisually dominant a. All facilities should be designed wi�h
areas, such as ihe hillsides, sliall use mmed colors proper ex)erior Iighiine.
io blend the development in with adjacent namral b. Ligfiting fix[ures and illumination
areas. sources should be compa�ible with the design and '
c. Bnght and/or bnlliant colors are to be characier of the building components on the site
used only minimally for accen�. and adjacent areas.
4. Project Si�nage. c. All site lighting will be shielded.
a. Signs should be designed to be consis- hooded and directed downward ro eliminare glare
tent with ihe archirecwral veaiment and overall and negative impac�s on adjacent propenies.
charactero(thePUD. d. Excessively bright and brilliant col-
b. Sien location should be integrated ored lights should not be used. (Ord. 5141 § 1,
within the dzsien of the site and the adjacent 1998.) ,
stree)scape.
c Sign ligheing shall be compatible with 18.69.090 Public infrasCructure requirements.
the li�hting located on the development. The applicant for the PUD must provide all nec-
5. Screening. essary public facilities to include, as a minimum, ,.
a. All screening should be architecmrally ihe (ollowing:
compatible with the overall design of the PUD. A. Dedica[ion of Public Utilities. Public utili-
�—AJ1-serviceareas-must�e-screene�-to ties-suchas-watef-(ac+lities—SanHary3ewers:and
conceal trash coneainers and other mechani- storm water facilities must be dedicated to the ciry
cal%electrical equipriment from eye level a�all public unless allowed to be private by the ciry.
ways and adjaceni propenies. B. Public Water, Sewer and Drainage Facili-
c. Parking areas adjacent to right-of-way ties. All water, sanitary sewer and drainage facili- -.
or adjoining properties should be screened wi[h ties must be constructed and installed in
landscaping,a berm.a screen wall or any combina- accordance with applicable city codes and stan-
tion, in order io improve the visual appearance of dards.The design and construction of sanitary sew- .,
�he streetsc5pe. ers, water lines, siorm and surface drainage
6. Landscaping and Fencing. The following systems, and other utility systems within a PUD
shall be considered in addition to the zoning code district shall not cause a higher net public opera-
required landscaping. Street frontage landscaping tional cost than would generally occur in the area
is also required and all requirements of the zoning wi[hout the PUD.
code must be me[ or exceeded but there may be C. Underground Facilities. All p_ublic utilities
some Flexitiiliry allowed in the design and location. must be placed underground except those that by
a. Proposed landscape ireatment should . . . their nanire must be on or above ground. such as
con,ider any unique site characieristics such' as streets, fire hydran[s, and open water courses. The
existing vege[ation, topography or other unique applicant is responsible for making the necessary
fe�wres. arransements with the appropriate entities for the
b. Land,cape veatment shall be provided installation of such services.
to enhance architectural feamres and frame vistas. D. Streets.
c. Site design should minimize the l. All streets must be constructed to the
removal of ma[ure trees and vegeta[ion. Where ciry's standards. Vanations from minimum stan-
removal'is necessary, ttie applicant is to investigate dards for pavement and right-of-way widths or
salvaging trees where possible and relocating them other dimensional or construction standards may
on the projectsite. be permitted when special design features of [he
d. For multiphased projects. areas desig- PUD or topographic considerations render[hese
na[ed for fu[ure phases, if graded or distu�bed, will minimum standards unnecessary or inappropnare.
(Revised 7/99) 18-92.6
Auburn City Code 18.69.100
The applicant must submit a written justification maintain the street and char�e the cost of the main-
forany proposed varia�ion along with evidence that tenance, including any administrative costs, to the
the minimal functional requirements of the pro- association members.
posed street improvements are being met. The ciry f. The by-laws establishing the association
zn�ineer shall review the proposed vanation and must sta[e that if future owners should request that
shall determine if the minimal functional require- pnvate sveets be chaneed to public streets.then the ,
ments are being met and recommend ��hether ihe owners fulh- aeree that, be(ore acceptance of such
vanaiion should br appro�ed. The cii� en�ineer sirezis bv ihe ci�y, ihe o�ynerc. will bear full
m�y require conditions ot uppro��l io rnwre thr eypen�e of rrcon�truc�ion or �ny other action nec-
minimal (uncifonal requiremems are bem¢ met. essary to m�ke ihe stree�s substamially consistent
2. Private streets may be permiued �yithin to the requirements of public streets. applicable at
the PUD pro�ided they meet the following criteria: that time. (Ord. 5141 § l, 1998.)
a. Use of the private street is limited to
those accessing propeny within the PUD or imme- 18.69.100 Application for rezone approval of
diately adjacent to the PUD and is not needed by PUD designation.
non-PUD residents ro travel from one public sveei A. Preapplication Conference. Prior to filing an
to another. The design of ihe private street shall be application for a PUD, the applicant shall attend a
such that it wiJl discourage any ihrough tra(fic ihat preapplicaiion conference with the planning direc-
is no[ related to the PUD itself. tor and other interested depanment heads, or their
b. The minimum nght-of-way width for designees, regarding the proposed development.
private streets shall be 30 (eet. Additional width The conference attendees shall review che general
may be required if determined ro be needed io pro- outlines of the proposal, evidenced schema[ically
vide adequare circulation for the residems of the by sketch plans and other documents provided by
PUD. Fac[ors [o be considered include but are not the applicant. The applicant shall receive sugges-
limited to providing emergency equipment access, tions and recommendations generated by the con-
preventing conflicts between pedesirians and vehi- (erence along with forms and guidelines for
cle traffic, on street parking, number of units, the preparing the PUD application.
�� f'�,� c�dPw�s_and_bik�paths_The_pavement 6. Aoplication Procedure. Following a preap-
width and construction standards, to include but plication con(erence, applicants must provide the
not limi[ed to illumination, signing, siorm drain- planning director seven copies of the following:
age, corbs, gut}ers, channelization, e.g., shall be I. Application. Forms provided by the
determined by [he ciry engineer at.the [ime of pre- depanment that ask the applicant for the following
liminary pla[ or 6inding site plan approval. This infortnation:
subsection may be revised upon the future adoption a. The name of the proposed PUD and a
of cirywide private street standards. Upon adoption general descnption of the proposed development
of those standards this section will be modified including descriptions of b'uildings and other site
accordingly. Until that time the provisions of this improvements:
subsection shall apply. b. A proposed schedule that includes
c. Priva[e streets and/or access[racts and shared submittal of ihe binding site plan, preliminary plat,
driveways ttiat pro�ide a second or addi[ional proposed phased developments, if any, and target
access to lots/units shall be constructed �o stan- dares for starting cons[ruction;
dards, as recommended by the ciry eqgineer, con- c. Proposed land uses including the rype
sidered to be appropriate for the situation. Facrors and amount;
�o be considered include the number of units d. Ndmber and rypes of dwelling units
served, emergency access and iraffic circulation. and the proposed density of dwelling uriits per
d. All sites served by the private street shall acre;
have at least two access connections to a through e. Total amount of open spaces, the des-
public street and provide for adequate emergency ignated or proposed use, and the amount of open
equipment access. Single accesses wi[h streets less space designared for public and private use;
than 600 feet in length may be considered. f. Plans for the perpetual maintenance
e. A legally incorporated property owners' and preservation of private spaces and private
association assumes the responsibility and cost to streets:
repair and maintain [he proposed private streets. If g. Any requests for modifications to the
�" the association fails to maimain the street, the by- street cons�ruction standards of the land division
laws of the association give the ciry the righ) to
1 g-92.7 (Revised 7/99)
18.69.100
ordinance including ihe substantiating information planning director may authorize a different shett
as to why the modifications are necessary. size or scale.
h. The eross acreage o(the PUD, the net c Contents. The site plan must include
usable acreage; and the acreage of any nonbuild- each of the following:
able areas. i. Vicinity Map. A vicinity map suffi-
i. The n�me and address of the applicant. cient to define the locacion �nd boundaries of tlie
All land wiihin the PUD shall be under ihe ownzr- proposed PUD relative ro surrounding propeny,
�hip of the �pplicam. .-�pplic�nts are defined �s an sireets and oiher major manmade and namral fea-
indi�idual. parmrr:hip, corpor;uion. or �roup� of iures.
fndividuals, pannenhips or corpor��ions. ii. Existing Geographic Fea[ures.
j. The name. address. ,�amp and signa- Except as otherwise specifed, the following exist-
ture o( the professional engineer. professional ing geographic features shall be drawn lightly in
architect or professional land surveyor who pre- relation to proposed geographic features and devel-
� pared the site plan. opments:
2. Environmental Checklist. Form and (A) All existing property lines lying
instructions pro4ided 6y ihe depanmeni in accor- within the proposed PUD and all existing propeny
dance wi[h Chapter 16.06 ACC. Environmernal lines lying within 100 feet of the PUD.
� Review Procedures. (B) The location of all existing streeu
3. Concepeual Design of Public Facilities. within the PUD,either public or private, including
Preliminary engineenng plans and smdies iha[ the right-of-way widths, pavement widths and [he
include the following: names.
a. A general descrip�ion and location of (C) Ezisting non6uildable areas, '
the proposed improvements necessary to properly other namral feamres and all trees greater than six
handle the potable water, sanitary sewer, stortn inches in diameter and measured five feet above
water drainage and otherservice needs within and the ground. As an option to showing all trees
adjacem to [he proposed PUD. greacer than six inches in wooded areas not being
b. Anticipated demand capacities for the dis[urbed, [he crown cover oudine can be shown.
prQpLZSed_wate�_distribution,_storm_drainag�_and _ (D�_Existing water fea_tures such_as____,__
sani[ary sewage.systems. rivers. creeKs, ponds, wetlands, stomiwater deten-
c. The estima[ed, tentative horizontal tion basins, watercourses, floodplains and areas
and venical alignment of all proposed streets, and subject to inundation or stortn wa[er overflow.
sidewalks, and the escimaied grade of any crails. (E) Exisiing contour lines a[intervals
4. Site Plan. o(five feet for average slopes exceeding five per-
a. Preparation. The site plan may be pre- cent or at intervals of one foot for average slopes
pared by a professional engineer, arc6itect oi pro- not exceeding five percent. Contour lines shall be
(essional land surveyor registered or licensed by labeled at.iniervals not to eicceed 20 feet and shall
the state of Washington.They shall prepare and.,by be based upon ciry damm, e.g., NGVD.
placing his or her signature and stamp upon [he (F) Location of any existing struc-
face of the planning documen[s. cenify that all tures lying within the proposed PUD. Existing
information is portrayed accurately and that the structures ro be removed shall be indicated by bro-
proposed PUD complies with applicable standards ken lines,and existing structures not to be removed
and regulations. � shall be indicated by solid lines.
b. Scale and Format. The site plan shall iii. Proposed Improvements. The fol-
be drawn with reproducible black ink on mylar or lowing proposed geographic features shall be
similar material. All geographic infortnation por- shown:
trayed by �he plan shall be accurate, le�ible, and (A) The location of any arterial or
drawn to an engineenng (decimal) scale. The hori- collector streets as well as the general location of
zontal scale of a plan shall be 100 (eet or fewer to ' any streets that are proposed to be pri4ate.
ihe inch,except that the location sketch and typical (B) The general location of the types
street cross sections may be drawn to any o[her of uses and general distribution of lot rypes.
appropriate scale. The final document shall be 24 (C) The boundaries, dimensions and
inches by 36 inches in size. Each sheet shall be area o(public park and common open space areas.
numbered consecutively. An index sheet orienting (D) Identification of all areas pro-
the other shee[s shall be provided. If necessary, the posed ro be dedicated (or public use, together with
the purpose and any conditions of dedication.
tRe��sed�ies) I 5-92.8
Auburn Citv Code 18.69.1�0
(E) Conceptual plans (or pedestnan drainage or utilities. �nd regarding any other issues
and tiicycle circulation systems. related to the interesu and responsibilities of the
(F)' The treaimem proposed (or the depanment o(public works.
periphery of the site includine szib_acks. fencing. B. The planning direcror sfiall solicit the com-
the oppro.eimate �mount, locaiion. and i�•pe of any ments of any other appropriate city department,
landscaping. local utility provider. local school district. and any ,
(G) Concepival desien auidelines. other appropnate public or pnvate zntity,concem-
consi.tznt �+ith ACC IS.69-OSO. includino �uch in� ihe proposed PUD. Comment� received in a
items as buildin� I1C14Illti. 51Z1'�, JR:I?, fUpl �I1:I�C?, IIfT1�I�' fTIB�f1�L 'J� �.•ell �� �nv �+nuen comments
extenor matenals. parkine arrangemznis and received in response io a noiice of public htaring.
unique design ch�ractensiics. (Ord. 5141 § I, shall either be iransmitted to the heann�examiner
�99g.� orincorporaied into a repon prepared 6y the plan-
ning director and submitted to the heanng exam-
18.69.110 Phased developmen[s. iner, prior io the scheduled public hearing. (Ord.
A. An applicant must submi� a rezone applica- 5141 § I. 1998.)
tion for the entire PUD. The applicant may how-
ever propose a phased development. 18.69.140 Hearing examiner re�•iew. '
B. PUDs being developed in phases require a Pursuant to the provisions of Chapter 18.66
description of each phase, including the size, uses. ACC, the hearing examiner shall conduct a public
and schedule (or imple�nentin�each phase and cor- hearing on all requests for a PUD rezone and bind-
responding publPc services. Phased sequences and ing si[e plan approval. The examiner's decision
intervals between scheduled phases become a con- shall be in the form o(a recommendation to the city
dition of[he rezone approval. , council. (Ord. 5141 § I. 1998.)
C. Each phase must be able to scand on i[s own
withou[ reliance upon development of subsequent 18.69.150 Findings of faM.
phases. (Ord. 5141 § I, 1998.) The hearing examiner shall only recommend
approval of applications for a rezone to a PUD des-
- —18>69d2�C-oncurrence with subdivision---;gna{ian-if-sufficient-findings-of-fac[.are..draw.n_to—
regulations. suppon all the (ollowing critena; �
A. A preliminary plat may be processed con- A. Adequate provisions are made for the public
currently with the PUD rezone. If the applicant is health, safety and general welfare and for open
requeseing preliminary plat approval, concurrent spaces, drainage ways,streets, alleys, other public
wiih the preliminary PUD, a preliminary plai musa ways, wa[er supplies, saniiary wastes, parks, play-
be submiited in accordance with ACC Tide 17. grounds, or sites for schools.
B. Appro�al of a PUD application may allow B. The proposed PUD is in accordance with the
for the modification of the subdivision s[reet con- goals, policies and objecti4es of the comprehen-
swction standards and specifications of Chaprer sive pian.
17.12 ACC. If modifications are proposed the C. The PUD is consistent with the purpose of
request must be made pan o(the PUD applica[ion. this chapter, ACC 18.69.010, and provides for [he
The applicant must also provide substantiating evi- public benefits required of the development of
dence as to why the modifications are necessary. PUDs by providing an improvement in the qualiry,
(Ord. 5141 § I, 1998.) T character, architec[ural and site design, housing
- . . choice and/or open space protection over what
18.69.130 Administrative review. would otherwise be attained through a develop-
A. The planning director shall forward the PUD ment using the existing zoning and subdi4isions
rezone application and/or binding site plan applica- standards.
tion, together with copies of any appropriate D. The proposed PUD conforms to the �eneral
accompanying documents, to the director of public purposes of other applicable policies or plans
works. The director of public works shall review which have been adopted by the ciry council.
the application(s) as to the adequacy of the pro- E. The approval of the PUD will have no more
posed means of sewage disposal and water supply; of an adverse impact upon the surrounding area
ehe confortnance of the proposal to any plans. pol- t6an any other projec[ would have if developed
icies or regulations penaining ro stree[s, storm using the existing zoning standards of the zoning
� dis�rict the PUD is located in. The PUD must also
18-929 (Re�ised��ss)
18.69.160
be consistent with the existing and planned charac- proposed PUD is .till ��•iable projec[and�hall rec-
ter o( [he neighborhood including existing zoning ommend to the city cauncil whether to repeal the
and comprehensive plan map designations. ordinance that appro�•ed the PUD.
F. The proposed PUD is consistent with tfie C. In the eVen) thai a PUD application is termi-
design guidelines that are ou�lined in ACC nated, withdrawn or the ordinance authorizing the
I8.69.080(D) PUD is repealed. then the �((ected parcels and/or ,
The hearine examiner muv recommend condi- undi�•ided lands reven back to the underivine exist-
�ions of appro�al in order for ihe PUD to be consis- ine zone prior io ihe PUD opplication. (Ord..5141
�eni wfih the abo�z cnieria. (Ord. �I-11 F l. 199S.i C I. 1995.)
18.69.160 City council ac�ion. 18.69.180 Binding site plan approval.
A, The city council shall independently review A. An application shall be required for the
[he hearing ezaminer's recommendation and the binding site plan approval of a PUD and shall
record of the PUD application. After its indepen- include the following:
dent review the council shall determine whethe� l. The ordinance and the contract rezone. if
the hearing examiner's findings of fact are ade- previously done;
quate or need to be modified in order for the PUD 2. A site plan which shall illustrate the fol-
to be approved based upon the cnteria found in lowing:
ACC 18.69.150. The city council may determine a. Vicinity map;
that in order•for the PUD to be consistent wi[h tFie 6. Boundaries and dimensions of tfie
_ _
critena found in ACC 18.69.�150 that addi�ional PUD;
conditions of appro�al or modifcation ro condi- c. If partial approval, illustrate the pro- •
tions of approval are needed. If the council finds posal within the boundaries of the entire PUD:
that the PUD is inconsistent with the criteria found d. Illustrate previous site plan approvals
in ACC 18.69.150 then che. council may not that may have occurred within the PUD;
approve the PUD. ' e. Acreage of proposal;
B. The majoriry of the ciry council shall instruct C Rights-of-way location and widths,the
�,he-si ty-attomcy-to-prepare-an-0rd inanc�re(lecli ng=�repesed-name-0t-eachstreet�aUey-and-wheiher
its decision. The ordinance shall include formal the right-of-way will be dedicated as public or `
findings of fact and conclusions supponing the remain private. The designation of any fire lanes.
decision. If the decision is(or approval with condi- Where final stree� grades are likely to exceed 10 -
tions. the condi[ions shall be specified in the ordi- percent in elevation and the estimated [entative
nance. The ordinance shall be recorded in grades ofsuch s[reets:
accordance with ACC 18.68.060. (Ord. 5141 § l, g. Adjacent public streets;
1998.) h. Easements, existing and proposed -
including its purpose:
18.69.170 Time limitations. i. Location and size of all ezisting and
A. Within five years of the date the city council proposed utilities including sanitary sewer, stortn
gave rezone approval of the PUD an application for drainage, and wa[er lines lying within or adjacent
binding site plan oc preliminary pla� approval shall to the PUD;
be submitted. An applicant who fles a wntten j. Typical street cross section(s) includ-
request with ihe ciry council at least 30 days be(ore ing any pedestrian facilities;
the expiration of the five-year period may be k. Location of uses;
granted a one-year extension upon showing that a I. Location of buildings and structures,
good faith effon has been attempted to finalize bo[h existing and proposed, including setbacks;
their PUD application. A PUD application granted m. Location and layout of off-street
rezone approval that has nor filed for preliminary parking, loading and unloading areas:
plat or binding site plan appro�al within the appli- n. Location of walls and fences, around
cable time penod,or ex[ended time period, shall be the perimeter of[he PUD,and an indication of their
null and void. height and ma�erials; '
B. Within three yehrs of the date of appro4al o( o. Location of any storage areas or refuse
the preliminary plat or binding si(e plan, conswc- containers:
tion must be substantially underway on the PUD. If p. Location and size of signs;
construction has not begun the hearing examiner q. Landscapin� plan conceptual: '
shall review the PUD and determine whe�hei the r. Indication of height of buildinss:
(Re�sed 7/s9) 18-92.10
Auburn City Code 15.69300
s. Proposed �rchitecwral treatment of io ensure consistency, If necessary,amendments to
strucmres: a preyiously appro4ed contract rezone may be
t. Any covenants noi previously made at this time withou[ the need of scheduling
approved; another hearing: If a contrut rezone is amended,
u. Proposed final contour lines at interv ihat has been previously recorded,an amended ver-
vals of five feei (or a�eraee slopes exceeding five sion shall be a�ain recorded. . - _
percent. or at intervals of two fee� (or average C. Once the application (or[he binding site plan
�lopes noi e�ceedin� (i�•e percem. Final coniours is approved. ihe planning director shall inscrib'e
shall be indicaied b�` ,olid hnes �exi�iine coniour� upon ihe face of site plan the ordinance numbzr
which are io be ahered shall be shown by broken that appro�ed the plan and have the site plan
lines). Contour lines shall be I�beled at in[ervals recorded. (Ord:5141 § I, 1998.)
not to exceed ?0 feei and shall be based upon city
damm e.�.. NGVD.Contour lines around proposed 18.69.190 Adjustments lo the PUD binding site
geographic feamres shall be drawn tightly around plan.
the pioposed feawres; A. The planning director may approve minor
v. The site plan shali illusirate a nor[h adjusiments to the approved binding site plan.
arrow, be properly dimensioned and drawn at a Minor adjuscments are defined as changes that do
scale not less than one inch equals�0 fee� and on a not affect the rypes of uses,basic character, dimen-
sheet size 24 by 36 inches, more sheets may. be sions or conditions of the proposed PUD. Any
used if necessary. A reproducible mylar, or similar dimensional adjustments shall not vary more than
material, and seven copies of the site plan shall be 10 percent from the original. Minor adjustments
submitted at the time of application. An altemative approved by the planning director must be in wri[-
scale or sheet size may tie approved by tFie plan- ing. The planning directormust forward copies of
ning direcior, the approved adjustment to appropriate department
w. The planning director may require the heads and the applicant. •
submittal of additional information in order to thor- B. Adjustments that the planning director con-
oughly evaluate the proposed PUD. siders not to be minor will require the tiinding site
3�'tie-binding�ite pian�ppiicad�OnsMal�-be—plan-[e�e--revise�-piirsuanE-te�he-�rovisions-ef—
accompanied by a current (within 30 days) title ACC 18.69.180(B). (Ord. 5141 § 1, 1998.)
report wtiich contains:
a. The legal descnpiion of the total par- 18.69.200 Property owners' association.
cel sought for final sire plan approval. If common open spaces or priva[e s[reets are
b. Those individuals or corporations deeded lo a property owners' association, then the
holding an ownership interest in said parcel all of applicant shall submit a declaration of the cove- .
which shall sign ihe application for final site plan nants and restrictions that create and govem such
approval. an association as part of the binding site plan or
c. Any zasements or restrictions affect- preliminary plat approval. The provisions must
ing the propeny with a descnption�of its purpose include, but are not limited to, the following:
and referenced by an auditor's file number and/or A. The property owners' association must be
recording number. established prior to the final plat approval or the
4. A signed certifica[ion that the binding site approval of any occupancy permit related to the
plan has been made wiih the free coasent, and in binding site plan.
accordance with the desire of the owner. or B. Membership must be mandarory for each
owner's. propeny owner, affected by the common open
5. The name and seal of the engineer, surv space or a privare street, and any successive buyer.
veyor. and/or architect that prepared the binding G. The association assumes responsibility for
site plan. liabiliry insurance, local taxes, apd the mainte-
B. A binding site plan shall be reviewed nance of common open spaces, private streets,rec-
sequentially in accordance with the provisions of reational and other communally owned facilities.
ACC 18.69.130. 18.69.140 and 18.69.160.The site A f nancial plan shall also be submitted that out-
plan shall only be approved if it is found to be con- lines the anticipated ezpenses and revenues needed
sisten) wi[h and implements the provisions of the to implement the plan over a minimum of a 10-year
contract rezone of[lie PUD and meets ttie submittal period.
requirements of subsection A of this section. ]f
necessary, conditions of approval maybe imposed --
I 5-92.11 {Revised�(ss)
18.69.210
D. Members must pay a pro rata share of the
association's cosi: the assessment le�•ied bv the
association can become'a lien on [he propeny. The
association must be able to adjust its assessment
fees relative to chaneed needs and conditions.
(Ord. 5141 § I, 1998.1�
18.69.210 Final site plan
•rppro�aVconstrucliun permits.
A. Before any applicmions for any con,iruciion
permits related to a binding site plan are approved.
a final site plan must be approved by the planning
director. The site plan must con(ain enough infor-
ma[ion to determine i( the permi� application is
consistent witli the approved binding site plan.
approvaL The final site plan may be done for the
en[ire area covered by [he binding site plan or a '
ponion thereo(. If done for a ponion of the area it
must be consistent with a previousiy approved
phasing plan.
B. The conswction and development of all
required improvements of each pYoject phase must
be completed btfore any cenifica�es of occupancy
will be issued, except when bonds or other accept-
able forms of securiry are deposired assuring the
coriipletion of such facilities 'within six months
from the issuance date. (Ord. 5141 § I, 1998.)
T
(Revisetl 759) 1 S•92.12
Auburn Citv Code 18.70.020
Chapter 18.70 7. 7'he variance will not allow an increase in
the number of dwelling units permined by the zon-
VARIANCES,SPECIAL EXCEPTIONS,AND ing district.
ADMINISTRATIVE APPEALS 8. The authorization of such 4ariance will
not adversely affect the comprehensive plan.
Sections: 9. The variance shall not allow a land use
18.70.010 Variances. which is not permitted under the zoning district in
]8.70.020 Specia] excepiions. which the property is located.
]8.70.030 Applicaiion. 10. The variance shall not change any regu-
18.70.040 Hearing daie and notice. lations or conditions established by surface mining
18.70.050 Administrative appeals. permits, conditional use permits or contract re-
18.70.060 Appeal ofhearing examiner's decision. zones authorized by the ciry council.
B. In authorization of a variance, the hearing
18.70.010 Variances. examiner may attach theroto such conditions
A. Subject to conditions, saf'eguards and.proce- regarding the location,chazacter and other features
dures provided by this title, the hearing examiner of the proposed structure or use as he may deem
may be empowered to heaz and decide applications necessary to carry out the spirit and purpose of this
for variances from the terms of this title; provided title and in the public interest.
the hearing examiner may approve a variance only C. A variance so authorized shall become void
if the request conforms to all of the following cri- afler the expiration of one year,or longer period if
teria. The examiner must enter findings of fac}and specified at the time of issuance,if no building per-
conclusions of law which support the following mit, occupancy permit or business registration has
criteria and any conditions: been issued in accordance with the plans for which
1. That there are unique physical conditions such variance was authoriud. The hearing exazn-
including narTOwness or shallowness of lot size or iner may extend the period of variance author'ua-
shape, or exceptional topographical or other phys- tion for one additional year without public hearing
ical conditions peculiar to and inherent in the par- upon a finding that there has been no basic change
— __—_ticular_lot;_and_that,_as_a_result of such uniaue in pertinenrconditions surrounding the properry at
physical conditions,practical difficulties or unnec- the time of the original application,(Ord.4840§ 1,
essary hardships arise in complying with provi- 1996;Ord.4705 § 2, 1994;Ord.4229 § 2, 1987.)
sions of this title.
2. That, because of such pHysical condi- 18.70.020 Special exeeptions.
tions, the development of the lot in striet confor- A. Only the following special exceptions may
miry with the provisions of this title will not allow be granted by the hearing examiner after a public
a reasonable and harmonious use of such lot. hearing is held pursuant to ACC 18.70.040:
3. That the variance,ifgranted,will not alter 1. Platted lots within the same block and
the character of the neighborhood, or be devimem same zone,but separated by a public alley,may be
tal to surrouncling propenies in which the lot is used as a single building siu for t6e purpose of cal-
located. For nonconforming single-family homes, culating the number of dwelling units permitted in
this finding is determined to be met'if the features a swcnue to be erected on one side of the alley,
of the proposed variance are consistent with other subject to the following requirements:
comparable features within 500 feet of the pro- a. Each portion of the property shall abut
posal. a minimum of 100 feet upon t6e alley.
4. That the special circumstances and condi- b. The two portions of the property shall
tions associated with the variance are not a result of be d'uectly opposite for a distance representing at
the actions of the applicant or previous owners. least 50 percent of the width of the portion of the
5. Literal interpretation of the provisions of properry not to be occupied by the proposed bnild-
this title would deprive the applicant ofrights com- ing.
monly enjoyed by other properties in the same zon- c. The portion of the property not occu-
ing district. pied by the building shall not be sold,segregated or
6. The approval of the variance will be con- used for building purposes so long as t6e building
sistent with the purpose of this title and the zoning remains on the portion of properry on the opposite
district in which tHe property is located. side of the alley.
2. Whenever there is a change from a resi-
dential use to a nonresidential use in an existing
18-93 (Re��sed 3ioa�
18.70.030
building a special exception may be issued to shall be required with each application for a vari-
exclude the tloor area within the building,ihat can- ance or special excep�ion. The site plan shall be
not be effectively utilized by the proposed use, accurately drawq using an appropriate engineering
from the off-meet parking requirements. scale and shall illustrate the following: ,
3. A nonresidentia] swcrure or use which A. Adjacent street;
becomes a ]egal nonconforming structure or use B. Boundaries and dimensions of site;
after the effective date of the ordinance codified in C. Location of buildings; '
this title may be permiued, by means of a special D. Location of parking areas:
exception, to expand the existin� use or swcture E. Location of feature needine ��ariance. (Ord.
up to 25 percent of the use or strucmre eaisiin@ ai 4840 § I, 1996; Ord. 4229 F 2. 1987.)
the time of the adoption of this title.; provided fur-
ther, that the addi[ion otherwise meets the stan- 18.70.040 Hearing da�e and notice.
dazds of ttiis tiQe and other requuements of the When an application addressed to the hearing
�;ty, examiner has been filed in accordance with the
This section does not allow the expansion of provisions of this chapter,the planning department
a use or structure which would be inconsistent with shall set a date for hearing the.same.Notice of such
a previously authorized conditional use permit, ' hearing shall: �
special property use permit, contract rezone, or A. Be given not less than 10 days prior to the
binding agreement between the city and the prop- date of the hearing;
erty owner. This section also does not allow the B. Set forth the time,place and purpose of such
expansion of any nonconforming hazardous mate- hearing;
rial storage. , C. Be provided in accordance with the require-
4. Pursuant to ACC 18:54.060(G), a special ments of ACC 14.07.040. (Ord. 5811 § 9, 2003;
exception may be issued for the replacement of a Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
nonconforming swcture or pan thereof which
does not comply with the appropraate development 18.70.050 Administrative appeals.
standazds. Appeals from any administraave decision made
5. Pursuant to ACC 18.54.070(B), a special under this title may be appealed to the hearing
excephon may be issue3 for res�aenti� uses, m exammer puisuant to Chapter 8.667��C. �
coriimeicial or industria] zones, to reoccupy if A. Any person wishing to appeal an adminisva-
unoccupied for longer than 180 days. tive decision shall first render in writing a request
B. In considering applications for special for an administrative decision from the appropriau
exceptions,the hearing examiner shall consider the ciry official. The city o�cial shall issue in writing
nature and condition of all adjacent uses and struc- a decision within five working days of the written
hues,and no such special exception shall be autho- request.
rized By the hearing examiner unless the hearing B. If the requester seeks to appeal that decision
exazniner finds that the authorizing of such special to the hearing examiner, any such appeal shall be
exception will not be materially detrimental to the filed with the planning director within 14 days of
public welfare or injurious to property in the zone mailing the city's written decision. The ciry shall
or vicinity in which the property is located,and that extend the appeal period for an additional seven
the authorization of such special exception will be days for appeals that are accompanied by a final
consistent with the spirit and purpose of this title. mitigated determination of nonsignificance or final
In authorizing a specia] excepdon, the hearing EIS.
ezaminer rnay impose such requiremen}s and con- C. The planning director shall notify any other
ditions with respect to location, installation, con- city official that may be affected by the appeal.
struction,maintenance and operation and extent of D. The appeal shall then be processed in the
open spaces in addition to those.expressly set forth same manner as any other application for a hearing
in this title as may be deemed necessary for the Pra examiner decision pursuant to Chapter 18.66 ACC.
tection of other properties in the zone or vicinity
and the public.interest. (Ord. 4840 § 1, 1996; Ord.
4229 § 2, 1987:)
18.70.030 Application.
In addition to the requirements for a complete
application as set forth in ACC 7itle 14,a site plan
�ae��5ea aroo� 18-94
Auburn City Code 18.72.020
E. 7'he examiner shall conduct a public hearing Chapter 18.72
pursuant to ACC 18.70.040 and consider any facts
pertinent to the appeaJ. The examiner may affrm ADn41NISTRATION AND ENFORCEn1ENC
the decision, remand for further proceedings, or
reverse the decision if tlie decision is: Sections:
1. ln �iolation of constitutional provisions; 18J2.010 Code enforcement official.
2. In excess of the authority of the offcial( 18.72.020 Issuance of licenses and permits.
3. T1ade upon an un1aWful procedure:
4. .affecied b�� othe� error of lau: 18.72.010 Code enforcement ofiicial.
5. Clearh� erroneous: or The building official, or his designee, pursuant
6. Arbivary or capricious. (Ord. 4840 § 1, [o the provisions of Chapter 1.25'ACC, shall be
1996;Ord. 4229 § 2, 1987.) charged with the responsibility of enforcing che
provisions of this title or any conditions properly
18.70.060 Appeal of 6earing examiner's imposed by the hearing examiner, planning com-
decision. mission or city council. (Ord.4501 § 1, 1991.)'
� The hearing examiner's decisions regarding
4ariances, special exceptions and administrative 18:72.020 Issuance of liceoses and permits.
appeals may be appealed ro the ciry council in the All city departments, officials or employees
manner prescribed by Chapter 18.66 ACC. (Ord. vested wiih the duty or authority to issue pertnits or
4840 § 1, 1996;Ord. 4229 § 2, 1987 J licenses shall conform to the provisions of this tide.
No license or permit for uses, buildings, or activi-
ties where the same would be in conflict with the
provisions of this tiQe shall be issued. Any license
or perrtiit, if issued in conflict with the provisions
hereof, shall be null and void. (Ord. 4501 § 1,
1991.)
--- — --i— -- - — —
18-95 (ae�neeo�ima�
is.�a.oio '
Chapter 18.74 as defined in ACC 5.30.020,and/or includes any of
the following:
LOCATION OF SEXUALLY a. Any exhibition,performance,dance or
ORIENTED BUSINESSES conduc�of any type conducted in a premises where
such exhibition, per(ormance, or dance involves a
Sections: person who is unclothed or in such costi�me,attire.
18.74.010 Purpose. or clothing as io expose any ponion of the female
18J4.020 Definitions. breas� below the top of the areola orany ponion of
15.74.030 Prohibiied in cenain area�. ihe pubic region. anus. buuocks. vulva or genitals.
18.74.040 Liabilit�. or ti�earing any device or covering exposed to vie�v
18.74.050 Violations and ci4i1 penalties. which simulaies the appearance of any ponion of
]8.74.060 Construction. the female breast below the top of the areola or any
18.74.070 Severability. ponion of the pubic region, anus, buttocks, vul4a
or genitals,or 6uman male genitals in a discernibly
]8J4.010 Pdrpose. tuigid state, even if completely and opaquely cov-
The purpose of this chapter is to restrict the]oca- ered; or
tion of sexually oriented businesses thereby pro- b. Any exhibition, pedormance, dance
tecting ihe public health.safeq-,morals and general or conduct of any rype conducted in a premises
welfare of Aubum. (Ord. 5835 § 1, 2004; Ord. wtiere such exhibition, perforrtiance or dance is
4886 § 2, 1996.) distingbished or characierized by a predominant
emphasis on the depiction, description, simulation
18.74.020 Definitions. or relation to the following specified sexual activi-
A. "Sexually oriented business" means any ties:
commercial premises that offers the sale, i. Human genitals in a state ofsezual
exchange, renting, loaning, trading, transferring or stimulation or arousal;
providirig for 4iewing activities defned as adolt ii. Acts of human masturbation, sex-
entenainment or aduli entertainment merchandise ual intercourse or sodomy; or
or whicliincludes but_i�not imited_tQthQSe_husi- iii. Fondlipg or other erntir mn�y� _
nesses defined as follows: � of human genitals,pubic region,buttocks or female
l. `'Adult bathhouse`' which means a com- breasr, or
mercial bathhouse tha} excludes minors (non- c. Any exhibition, performance or dance
adblts) by virtue of age from the premises; pro- which is intended io sexually stimulate any mem-
vided,that this definition shall not include facilities ber of the public and which is conducted in a pre-
that offer "adult-only" sessions or programs as a' miseswheresuchexhibition,performanceordance
pan of their athletic or recreational programs or is performed for,arranged with,or engaged in with
activities. fewer than all patrons on the premises at.that time,
2. "Adult book and video establishment" with separate consideration paid, either d'vecUy or
means a commercial esiablisFiment that has 10 per- indirectly, for such performance, exhibition or
cent or more of the value of all its stock in (rade, dance. For purposes of example and not limita[ion,
consisting of books, magaiines, periodicals or such exhibitions,performances or dances are com-
other printed matter; and/or photographs, films,, monly re(erted to as table dancing,couch dancing,
motion pictures, video cassettes, slides, or other tazi dancing or svaddle dancing;
visual representations that are characterized by an d. lt is provided howeverihat for the pur-
emphasis on the depiction or description of"spec- poses o(this ch"apter, adult entenainment activities
ified sexual activities" or "specified anatomical do not indude the following:
areas"as defined in this seaion. i. Plays, operas, musicals, or other
3. "Adult cabaret:' which means a commer- dramatic works that are not obscene;
cial establishment �hat presents dancers, strippers, ii, Classes, seminars and lectures
male or female impersonators, or similar types of which are held fot serious scientific or educational
entenainment and which excludes minors (non- purposes and which are not obscene; or
adults)by virtue of age from the premises. iii. Ezhibitions, performances, ex-
4. "Adult entertainment facility;' which pressions or dances that aie not obscene;
means any establishment where the business or It is fnnher provided that these exemp- �
activity of the facility indudes adult entertainment, tions shall not apgly to the sexual conduct defined
�ae��sed iiroa� 18-96
Auburn City Code 18J4.020
in ACC 530.020(0), or the sexual conduct An establishment may have other principal
described in RCW 7.48A.010(2)(b)(ii) and (iii). business purposes that do not involve the offering
5. "Adult live entenainmeni establisliment" for sale or rental of adult entertainment merchan-
shall mean a commercial premises to which a dise and still be categorized as an adult retail estab-
membei of the public is invited or admitted and lishment. Such other business purposes �vill not
vihere an entenainer provides live adult entenain- serve to exempt such establishments from being ,
ment to a member of the public on a regular basis cateeorized as an adult retail establishment so long
or as a substantial pan of the premises ani.�it��. as'one of its business purposes is offering for sale
6. "Adul) massage parlor' means a commer- or remal. for some form of considzraiion. the spec-
cia] establishment in which massage or oeher ified adult emenainment merchandise. The direc-
touching of the human body is provided for a fee ior sha11 have full discretion to gi��e appropriate
and which excludes minors (non-adults) by virtue wei�ht to the fac�ors set fonh abo��e as H�ell as other
of age from the premises. factors considered depending on tHe particular
7. "Adult motion picmre theater" means an facts and circumstances of each application.
enclosed building or outdoor drive-in theaters used 9. "Adult sauna pazlor'means a commercial
for presenting motion pictore films, video cas- sauna establishment, which excludes minors(non-
settes, cable television, or any other soch visual adults)by virtue of age from the premises. '
media, distinguished or characterized by an 10. "Panoram or peepshow" means any
emphasis on matter depicting, descritiing or relat- device which,upon the insertion of a coin or tiy any
ing to "specified sexual activities" or "specified other means of payment, including membership
anatomical areas;' as defined herein, for observa- fee or other chazge,exhibits or displays a picture or
tion by patrons therein. ' view by film, video or o[her means, including
8. ''Adult retail establishment" means an observation of live .per(ormances depicting,
establishment such as any bookstore, adult novelry describing or relating to "specified sexual activi-
store,'adult video store, or other similar commer- ties" or "specified anatomical areas:' as defined
cial establishmen}, business, service, or portion herein.
thereof, which, for money or any other form of B. "Adult entertainment material" means any
— consideration,provides.adult_entertainment_mate—.__books._magazines:_cards,_pictures,_.periodicals_or__
rial,as defined in this section,and which at least ]0 otlier printed matter, or photographs; f Ims,motion
percent of its stock-in-trade for sale, exchange, picmres, video tapes, slides, or other photographic
rental, loan, trade, fransfer, and/or provision for reproductions, or visual representapons, CD
vieaing or use oH the premises of the adult retail ROMs, DVDs, disks, elecVOnic media, or other '
establishment as defined in this chapter. There such media, or inswments, devices, equipment, '
shall be a rebunable presumption that a business is . paraphernalia, toys, novelties, games, clothing or
an adult retail establishment if either. (1)ilie dollar other merchandise or material, which are charac-
value of on-site inventory of adult entertainment teriied by an emphasis on the depiction, descrip-
material equals at least ]0 percent of the business' tion or simblatioo of"specified anatomical areas"
entire inventory;(2)at least ]0 percent of the estab- or "specified sexual actiJities;' as defined by this
lishment's revenue is derived from adult entertain- title.This indudes any inswment,device,or para-
ment material;or(3)a[least ]0 percent of the rotal phernalia that aze designed for use in connection
floor azea of the business is devoted to displaying with any specified sexual activities.
and/or supponing the adolt entertainment mzterial. G. "Aduli uses"means any establishment meet-
ln deteimining whether or not the presumption is ing the definition of an adult entertainment estab-
rebutted, the director may consider the following lishment or any establishment that otherwise
factors,which are not conclusive: provides adult entertainment or adult entertain-
Whether minors aze prohibited from access ment merchandise as defined herein.
to the premises of the establishment due to the D. "Specified anatomical azeas"means:
adult entertainment nature of the inventory; 1. Less than completely and opaquely cov-
Whether the establishment is advertised, ered human genitals, pbbic iegion, buttock, and
mazketed,or held out to be an adult merchandising female breast below a point immediately above the
faciliry; rop of the azeola; and
Whether adult entertainment merchandise is 2. Human male genitals in a discernibly tur-
an establishment's primary or one of its principal gid state,even if completely and opaquely covered.
business p6rpo.ses; or E. "Specified sexual activities" means:
18•96.1 tRe�sed iiroa�
18.74.030
1. Human genitals in a state of sexual stim- to the nearest edge or corner of the property of
ulation or arousal; another sexually oriented business usc or any of the
2. Acts of human masturbation, sexua] sensitive uses set forth above.
intercourse or sodomy; C. It is provided, however, that any sexually
3. Fondling or other erotic touching of oriented business operating with in the city of
human genitals, pubic region. buuock or female Auburn as of the initial effective date of the ordi-
breasr, nance codified in this chapter shall constitute a pre-
4. Excreior� funciions as part of or in con- existing nonconforming use pursuan� io ACC
neciion Nith anv of �he acii�ities set fonh in ihis ]8.04.650. (Ord. 5835 : 1. 2004; Ord. 4886 § 2.
subsection. (Ord. 553� fi 1• 2004.) 1996. Formerly 18.i4.020.)
18.74.030 Prohibited in certain areas. 18.74.040 Liability.
A: Sexually oriented business uses are prohib- Nothing in this chap�er is intended to authorize;
ited: legalize or permit the estabiishment, operation or
1. Wi{hio 1,000 feet of any property zoned maintenance of any business, building or use
for any residential bse or of any property used for which violates any city regulation or statute of the
any single-family or multiple-tamily residential state of Washington regarding public nuisances,
use; sexual conduct, lewdness or obscene or harmful
2. Within 1,000 feet of any public or private ma{ter or ihe exhibition or public display thereof.
elementary or secondary school; (Ord. 5835 § 1, 2004.)
3. Within 1,000 feet of any child daycare
center, child care service. nursery, preschool or 18.74.050 Violations and civil penalties.
communiry youth center; Violation of the use provisioos of this chapter
4. Within I,000 feet of any church or other shall be a civil infraction and subject to enforce-
facili}y or institution used primarily for religious ment through Chapter 1.25 ACC. In addition
purposes; thereto,violation of the use provisions of this chap-
5. Within 1,000 (eet of an�� public park, ter is declared to be a public nuisance per se and
Open soace or other similar place wtiere children shall be sobject to abatement as a public nuisance ._ __
are likely to congregate; � and/or a moral nuisance. Fbrtherinore, the city is
6. Within 1,000 feet of any large enclosed authorized and empowered to employ any and all
multi-business retail complex that caters as a sig- other enforcement and abatement toolrresources,
nificant part of its business to children. For the pur- svategies,remedies and actions available under the
poses hereof, a large enclosed multi-business retail law for such violations and/or circumstances,
complex that caters as a significant pan of its tiusi- including but no� limited to business license re4o-
ness to cHildren means a covered complex of retail cation. (Ord: 5835 § 1, 2004.)
and service busioess that include at least 30 busi-
nesses,and that have any combination of amenities 18.74.060 Constructiou.
geared to children, including but not limited to: If any ponion of this chapter is deemed to be in
attractions designed for use by children, regularly conflict or inconsistent with any other provisions
scheduled events for children, aqd designated play of the ciry code, including but not limited to its
child azeas; and zoning regulations, such other provisions shall be
7. Within 1,000 feet of any other sezually construed in conformity herewith; pro4ided,that if
oriented business use. such other provisions are not able to be so con-
B. As used herein, the distances shall mean the swed, the provisions of this chapter shall control,
svaight-line distance between the edge or corner of and such other provisions shall be deemed modi-
the property on which the sexually oriented busi- fied to conforrn herewith, for the purposes of this
ness use is located to the nearest edge or cortier of chapter only. (Ord. 5835 § 1, 2004.)
the property of anothersexually oriented business
use or any of the sensitive uses set forth above;pro- 18.74.070 Severabiliry.
vided,that if there is more than one business or ten- If any portion of this chapter, or its application
ancy on the property,then the distances shall mean to aoy person or circumstances,is held invalid,the
the svaight-Gne distance between the edge or cor- validity of the chapter as a whole,or any other por-
ner of that portion of the property (or tenancy) on tion tbereof, and its application ro othu persons or
which the sexually oriented business use is located cqcumstances, shall not be affected. (Ord. 5835 -
§ 1, 2004.)
�ae�sed ivoa) 18-96.2
Auburo City Code 18J6.010
- Chapter 18J6
PLANNED UNIT
DEVELOPMENT DISTRICT(PUD) -
LAI{ELAIVD HILLS 50UTH
,
Sections:
18.76.010 Pqrpose. �
I8J6.0?0 Process.
18.76.030 Definitions.
18.76.040 Permitted uses.
18.76.050 Calculation of number of dwelling
units.
18.76.060. D.evelopment standards.
18J6.070 Design requirements. �
18.76.075 I.andscaping and screening
requirements.
18.76.077 Sign•requirements.
18.76.080 Public infras[ructure requirements.
18J6.090 Applica[ion for approval of major �
amendinent ro the PUD.
18.76.100 Phased developments.
18.76.t10- Concurrence with subdivision
regulations.
18.76.120 Administratiye review of major
amendments.
18.76:130 Hearing examiner re4iew.
--:3:76.-140-F-iAdings-of-fact. - �— -
I8.76.150 City council action.
18.76.160 Site plan appro�al.
18.76.170 Adjustments to the PUD.
18J6.180 Propeny owners' association.
18:76.010 Purpose.
The comprehensive plan provides the Lakeland -
Hills South special azea plan is intended to be con-
sistent with the conditions of approval of the Lake-
land Hills South PDD (Pierce County Hearings
Examiner Case No. Z15-90NP9-70) as amended.
The conditions of approval which remain applica-
ble aze atiached to,Ordinance No. 5092 as EzFiibit
A and incorporated herein by reference.
Aubum has accepted the Lakeland Hills South
PUD as an approved PUD. Therefore,this purpose
section stiall apply to minor and major amend-
ments to the Lakeland Hills South PUD.
The purpose of a planned unit developinent
(PUD) district is to offer enhanced flexibiliry ro
develop a site through innovative and alternative
development standar'ds. A PUD district also allows
for a greater range of residential development sce-
narios, provides for intemal transfers of density,
and may rbsult in more dwelling units than may be
realized by using the ezisting development stan-
dazds.ln exchange for this.enhanced tlexibility,the
18-96.3 {ae�sed>>ioa>
This page left intentionally blank.
-- �--- --- — —
�ae�sed iiroa� 18-96.4
Auburn City Code 18J6.030
ciry will require the PUD to result in a significantly A. Step One — PUD Major Amendment
higher quality development, generate more public Approval. Approval of a major amendment to the
benefit and be a more sensitive proposal than Lakeland Hills South PUD shall be applied by the
would have been the case with the use of standard rezone process as specified in Chapter 18.68 ACC.
zoning or subdivision procedures. Generally, a major amendment will be required
In order for a PUD to be approved it will be the because a specific proposal within a planning area
applicant's responsibiliry to demonstrate, to the necessitates an amendment. For the proposal trig- �
ciry's satisfaction,that the proposed PUD achieves @ering the need for the major amendment, the
or is consistent with �he followin� desired public major amendment shall ettablish the land uses.
benefiu and expec}ations in whole or in pan: density, number and rypes of dwelling units,num-
A. Preserva�ion of Natura] Amenities. Preser- ber and distribution of lots/units, any modification
vation of desirable site characteristics such as open of plat development standards, general street lay-
spaces and the protection of sensitive environmen- out, street right-of-way widths, whether streets are
tal features including steep slopes, rivers, creeks, public or private,the amount,rype,and location of
weQands, lakes and scenic views. open space and pazk land,phasing plans if any,and
B. Pedestrian-Oriented Communities. Use of the responsibilities of the owner/developer.Ifthere ,
traffic management and design techniques to is no specific proposal,the major amendment shall
reduce tra�c congestion and increase the potential establish these parameters to the extent possible.
use of altemative modes of travel such as mass Application for PUD major amendment approval
transit,pedestrian and bicycle traffic. shall be in accordance with ACC 18.56.090.
C. Land Use E�ciencies. Provide efficient and B. Step Two — Preliminary P1aUSite Plan Ap-
effective use of]and, open'space and public facili- proval. For those major amendmenu to the Lake-
ties that result in lower development cost and make land Hills South PUD that consist of only single-
6ousing more affordable. family or duplex platted lots, a preliminary plat
D. Implementation of the Comprehensive Plan. may be f led pursuant to Chapter 17.06 ACC. For .
Provide development ttiat is consistent with the all other uses, a site plan must be approved by the
goals and policies of'the comprehensive plan. duector of planning pursuant to ACC 18.76.160.
_ P��_�pay�lso allow for a smal] amount of devel- Preliminary plat and site plan approval must be _
opment from other comprehensive plan designa- concurrent if a PUD requires both approvals. Pre-
tions if determined to be appropriate for the PUD liminary plaUsite plan applications may b:e for all
and iu surtoundings.' or a portion of a planning area. Applications for a
E. Enhanced Design Features. Provide building site plan shall be in accordance with ACC
and swctural designs that complement surround- 18.76.160.
ing land uses and their environment. Design stan- C. Step Three—Final Plat Approval.Final plats
dards should reflect 'quality site planning, shall be approved pursuant to Chapter 17.10 ACC.
landscaping and building architecture. (Ord. 5092 § 1, 1998.)
F. Creation of Public Amenities.Enhance parks
and open spaces consistent with the comprehrnsive 18.76.030 Definitions.
pazk plan and nonmotorized plan. For the purposes of this chapter:
G. Affordable Housing. Provide affordable A. "Community. center/recreation facilipes"
housing options in accordance with Aubum's com- means e building with assaciated amenities
prehensive plan. (Ord. 5092 § l, 1998J intended or designed to be used for community
meetings and recreation and may include facilities
18.76.020 Process. within and adjacent to the building for offices,
The approval process for major amendments to kitchen, storage space,baduooms,sales and infor-
the Lakeland Hills South PUD is three steps. The mation, swimming pools, sportcourts, tennis
first step is a recommendation by lhe hearing couns,playgrounds, and an outdoor amphitheater.
examiner and final approval of the PUD or major B. "Density" means the maximum number of
amendment by the city council using the process dwelling units per acre allowed within a given azea.
applicable to a rezone, Chapter 18.68 ACC. The C. "Depaztrnenf' shall refer to the city of
second step is the approval of either a preliminary Auburn deparvnent of planning and communiry
plat, a site plan,or a combination of bot6. Where a development.
preliminary plat has been proposed, the third step D. "Gross azea"(also referred to as"gross acre-
is the approval of a final plat by the ciry council. age"or"gross useable area")shall be defined as all
Step two may be combined with step one. of the area within the boundaries of the entire PUD
]$-97 (Revised 3104)
18.76.040
sire including all public and priva}e parcels,righ)s- stortn wa}er facilities that incorporate any or all of
ot way, open spaces, common areas, and dedica- the above identified features: Open space areas
tions. shall be required to be enhanced if not already an
E. Lot'fypes. These definitions apply to dwell- existing ameniry. Areas intended to be left in their
ings on fee simple loss: natural state, including but nof limited to weQands
l. "Detached lots" are lots on which the and their buffers and steep slopes, shall be consid-
structure on the lot is set back from all�lie]ot lines. ered an existing ameni.ry. 7'he open space must be
2. "Zero setback lots" are lots on which the a permanent, integral, and functional amenity that
struccure on the loi does noi havc a seiback from is for the common good.and enjoyment of the.resi-
one of the interior side Iot lfnes and is no� attached dents of the entire PUD and not just to an individ-
to another swcture on an adjoinin@ lot. 7'he struc- ual lot or resident.Landscaped azeas,private parks,
ture is set back from all remzining ]m lines, and improvements within open space areas shall be
3. "Semi-attached lots" are lots on which maintained by the homeowners' association. Open
the structure on the lot does not have a setback space for the Lakeland Hills South special area
from one of the intenor side lot lines and is plan is shown on the official Lakeland plan map
anached to another s}ructure on an adjoining lot. and shal] be provided in accordance with the First
The swcture is set back from all remaining lot Amendment to Lakeland Annexation and Utilities
lines. Agreement as adopted by Ciry Council Resolution
4.. "Attached lots" are lots on which the No. 2955.
structure on the lot does oot have a setback from J. '`Planning azea"refers to the areas referred to
either of the interior side lot]ines and is attached to as residential,senior,commercial,communiry cen-
another swcture on both adjoining lots. The swc- ter, school, and park/open space on the official
hue is set back from all remaining lot lines. Lakeland plan map.
F. "Net area" (also referred to as "net acreage" K. "Private streeP'means any access easement,
or "net usable area") shal] be defined as the gross tract or street which is not a public.street. Drive-
area minus the area designated as nonbuildable ways which are not part of an access easement,
areas and nonresidential uses. Vact or sueet shall not be considered a street.
G. `Tlonbuildable areas" include slopes that L. "Public streeP' includes all streeu, high-
exceed 25 percent measured between each 25-foot ways, eeways, avenues, anes, co�urts, p aces or
contour line, wetlands delineated pursuant to the other public rights-of-way in the ciry held in public
definition of "wetlands" contained within ACC ownership and intended to be open as a maner of
]6.06.030, or floodways as defined by ACC right to public vehiculaz traffic.
15.68.060(I). S]opes, wetlands, or floodways that M. "Senior housing and services"means living
are a]]owed to be modified by the city may be con- accominodations where at least one member of the
sidered buildable. Wetland buffers are-not consid- household is age 55 or over and all members of the
ered nonbuildable azeas. Nonbuildable areas for household are at least 16 years of age. Dwelling
each planning area will be determined following uniu may consist of independrnt livmg units com-
the completion of mining for the planning area pur- prised of anached and detach'ed single-family and
suaM to Pierce County Permit UP9-70 as it may be multifamily dwellings where eldedy individuals or
amended. families provide rooms, meals, personal care,
H. "O�cial Lakeland plan map" is the final supervision of self-administered medication,recre-
development plan for Lakeland anached to the ational activities, financial services, and transpor-
ordinance codified in this chapter as Exhibit "B- tation, and may include Al�eimer's care and
REV" as amended by Ordinance No. 5546 and health care facilities.For the purposes ofthis chap-
legally described in Exhibit "C." Exhibits ''B- ter;Alzheimer's care facilities which have no more
REV" and "C" are incorpora}ed herein by refer- than one congregate kitchen and dining area will be
ence. Exhibif"B"approved in Ordinance No. 5092 considered one dwelling unit. (Ord. 5553 § l,
is no longer effective. lt is replaced by Exhibit"B- . 2001;Ord. 5092 § 1, 1998.)
REV,•
1. "Open space" may include such features as 18,76.040 Permined uses.
landscaped azeas, held in common ownership by e A. Resideritial.
homeowners' association and part of a landscape 1. Housing concepu of all types limited
plan common to the entire PUD,passive and active only by the density allowed in the official Lakeland
recreation uses, natural features, environmental plan map. Examples include the following:
amenities such as wetlands and their buffers, and a. Single-t'amily detached homes.
(Revised 3I04) 15-98 �
Auburn City Cade 18J6.060
b. Condorriiniums, apartments, and area of the site. For the purposes of this section,
townhouses. nonbuildable areas do not include public or private
c. Cusiomary accessory uses and struo sVeets or driveways within a,planning area.
tures common to single-family homes or multifam- B. The number of acres of the net usable area of
ily dwellings. the planning area is multiplied by the residential
d, Home occupations authorized 6y and densities allowed in the o�cial Lakeland plan map ,
subject to the standaids of Chapier ]8.60 ACC. to produce the mazimum number ofdwelling units.
e. Siorage or parking of recreational Any fractions may be rounded up.to tNe nearest
vehicles for residents of the mdi��idual develop- w�hole number as long as the densities as oudined
ment. in subsection C of this section are not exceeded.
L Nonresidential ormunicipal uses such C. Residential densities within each planning
as schools,churches,libraries,police, parks or fire area allowed liy the official Lakeland plan map are �
facilities as authorized in the PUD. as follows:
g. Home-based daycaza.
h. Communiry centers/recreation facili- Allow•able Residential Densities
ties. . ,
i. Senior h_ousing and services. Lakeland Hills South MaximumNumber
2. Pazks: ComprehensivePlan ofDwellingUnits
B. Nonresidenual. Uses permitted outright by Map Designation Per Acre
Chapter, 18:26 ACC as,authorized in the develop-
ment plan, except those uses requiring a condi- Single-family 6 units per acre
tional use permit under subsection C of this Moderate densiry residential 14 units per acre
section. High densiSy residenual 19 uni{s per acre
C. Conditional Uses. Permined throughout the
PUD pursuant to Chapter 18.64 ACC and as specif- (Ord.5092 § 1, 1998.)
ically authorized by the development plan, includ-
�ng. 18.76.060 Development standards.
�._Ci4ic,-social.and fratemal clubs._ The followin dg evelopinent standards will apply �
2. Mini-daycare and daycare centers. for each development within the �planning areas
3: Preschools.or nursery schools. shown on the official Lakeland plan map. Except
4. Religious institutions. where modif ed by these standards,all standards of
5. Utiliry substations. the Au6urn Ciry Code apply. Front yard setbacks' �
6. Municipal Services. are measured from the edge of;he right-of-way for
a. Police; lots fronang on public streets and from the fac8 of
b. Fire; the curb,or the midpoint if a rolled curb is used,foi
c. L�brary: private streets.
D. Conditional Uses. Permitted in azeas of the �A. Single-Family Planning Areas. Single-fam-
PUD with a comprehensive plan designation of ily planning areas are {hose planning areas with a
"Light Commercial" pursuant to Chapter 18.64 perinitted densiry of one to four and hvo to six
ACC aod as specif cally authorized by the develop- dwelling units pei acre. Within these planning
ment plan, including: azeas,the following development standards apply:
1. Automobile service stations. I. Single-Family Detached—One(SFD-1).
2. Drive-through facilities, including banks a. Minimum lot area: 7,000 square feel
and restawants. b. Minimum lot width: 65 feet.
3. Brewpubs. (Ord. 5777 § 1, 2003; Ord. c. Ivlinimum lot depth: 100 feet.
5092 § I, 1998J d. Building footprint coverage: 55 per- I
cent.
18.76.050 Calculation of number of dwelling e. Minimum Yard 5etbacks.
units. i. Front: 10 feet to porch, 15 feet to
The maximum number of dwelling units residence,20 feet to garage;
allowed in a planning area is calculated in the fol- ii. Side: five feet;
lowi�g manner: iii. Side,.street: ]0 feet;
A. Nonbuildable.areas and land set aside for iv. Rear: 20 feet;
nonresidential land uses are subtracted from the v. Accessory swchires and alley-
gross azea of the site to determine the net usable loaded garages shall meet all the required setbacks �
]g_99 (Revised3l04) I
I
18.76.060
ofthe zone with the exception that the rear yard set- e. Minimum Yard Setbacks.
back may be reduced to five feet. i. Front: 10 feet to porch, I S feet to
f., Maximu�n Building Height. residence, 18 feet to garage;
i. Main building: 30 feet; ii. Side, interior. fve feet;
ii. Accessory buildings: 24 feet. iii. Side, street: 10 feet;
2. Single-Family Detached—Two(SFD-2). iv. Rear: I S feet;
a. Minimum loi area: 5,400 square feet. v. Accessory structures and a11ey- �
b. Minimum lot width: 60 feet. loaded gara@es shall meet all the required setb"acks
c. Tlinimum lot depth: 90 fee7. oftHe zone with the ezception ihat the rear�•ard sei-
d. Building foorprint coverage: 55 per- back may be reduced w Gve feei.
cent. L Maximum Building Height.
e., Minimum Yard Setbacks. i. Main building: 30 feet;
i. Front: ]0 feet to porch, 15 feet to ii. Accessory buildings: 24 feet.
residence,20 feet to garage; 2. Single-Family Detached—Five(SFD-5).
ii. Side, interior: five feet; a. Minimum lot area: 2,730 square feet.
iii. Side, sveet: 10 feet; b. Minimum lot width: 90 feet.
iv. Rear: 20 feet; c. Building footprint coverage: 55 per-
v. Accessory structures and alley- cent.
loaded gazages sh=al] meet al1 the required setbacks d. Minimum Yard Setbacks.
ofthe zone with the exception that the rear yard set- i. Front: ]0 feet to porch, 15 feet to
back may be reduced to five feet: residence, ]8 feet to garage;
f. Maximum Building Height. ii. Side, interior: three feM;
i. Main building: 30 feet; iii. Side, street: six feet;
ii, Accessory buildings: 24 feet. iv. Rear: ]0 feet;
3. Single-FamilyDetached—Three(SFD-3). v. Accessory swctures and alley-
a. Minimum lot area: 4;250 square feet. loaded gazages shall meet all the required setbacks
b. Minunwn lot width:50 feet. of the zone with the exception that the rear yazd set-
c. Minimum lot depth: 85 feet. back may be reduced to five feet.
d. Bw']ding ootpnnt coverage: 55 per- e. Maximum Building Height. '
cent. i. Ivfain building: 30 feet;
e. Minimum Yard Setbacks. ii. Accessory buildings: 24 feet
i. Front: ]0 feet to porch, I S feet to 3. Multifamily or Small Lot Detached=One
residence, 18 feet to garage; (MFA-1).
ii: Side, interior: five feet; a: Minimum lot area: 2;400 square feet.
iii. Side, street: 10 feet; b. Minimum site area per dwelling nnit:
iv. Rear: 15 feet; 2,400 sguare feet.
v. Accessory structures and alley- a Minimum lot width: 35 feet if
loaded garages shall meet all the required se}backs detached; 20 feet if attached.
ofthe zone with the exception that the rear yazd set- d. Building footprint coverage: 60 per-
back may be reduced to five feet. cent.
f. Maximum Building Height. e. Minimum Yard Setbacks.
i. Main building: 30 feet; i. Front: 10 feet to porch, 15 feet to
ii. Accessory buildings: 24 feet. residence, 18 feet to garage;
B. Moderate Density. The moderate densiry ii. Side, interior: five feet, except
planning areas are those planning areas with a pei- zero feet when attached and three feet if detached
mitted densiry of two to 14 dwelling unifs per acre. single-family;
Within these planning areas, the following devel- iii. Side, street: 10 feet or six feet if
opment standards apply in addition to those idepti- detactied single-family;
fied in subsection A of this section: iv. Reaz: 10 feet;
1. Single-Family Detached—Four(SFD-4). v. Accessory swctures and alley-
a. Minimum lot area: 3,375 square feet loaded garages shall meet all the required setbacks
b. Minimum ]ot width: 45 feet. of the zone with the exception that the rear yard set-
c. Minimum lot depth: 65 feet. back may be reduced to five feet.
, d. Building footprint coverage: 55 per- f. Maximum Building Height.
cent. _---_..--.— -- — --- - i. Main building:30 feet; . __
(Revised 3I04) 18-100
Auburn City Code 18.76.070
i
ii. Accessory buildings: 24 feet. be the party responsible for complying with Chap-
C. High Density. The high density planning ter 1:25 ACC.(Ord.5777§ l,2003;Ord. 5534§ 1,
areas are those with a permined densiry of 12 to 19 2001; Ord. 5397 § 1, 2000; Ord. 5364 § 1, 2000;
dwelling units per acre. Within these planning Ord. 5092 § 1, 1998.) .
areas, the following development standards apply:
I. Multifamily—Two(MFA-2). 18.76.070 Design requirements.
a. Minimum lot area: 1,800 square feet. A. Open$pace.The Lakeland Hills South PUD
b. Minimum siie area per dwelling unit: will provide a minimum of 153 acres of open space
1,800 square feei. in addition to public parks requirements. The open
c. Minimum loi wid�h: 20 feet. space is shown on the o�cial L.akeland plan map.
d. Building tootprint coverage: 60 per- B. PUD Perimeters. Setbacks from the perime-
cent. ter of the PUD shall correspand to the re_quirements
e. Minimum Yard Setbacks: of the adjoining zoning districts. The ciry may
i. Front: 10 feet to porch, 15 feet to determine a reduced setback is sufficient due to the
residence, 18 feet to garage; use of natural topography, earth berms, existing
ii. Side, interior: five feet, except and proposed foliage, and other features such as
zero feet when attached; roadways, weQands or natutal watenvays that
iii. Side, street: 10 Teet; would otherwise provide sufficient buffering of
iv. Reaz: 10 fee}; adjoining parcels. Sight distance contlicts shall be
v. Accessory strnctures and alley- avoided for motorized and nonmotorized traffic:
loaded garages shall meet all the required setbacks C, Pedestrian Movement.A planning area shall
of the zone with the exception that the reu yard set- provide public pedestrian access, which may
back may be reduced to five feet. requue appropriate easements,to pazks, schools or
C Maximum Building Height. uses that may attract a signi5cant number of pedes-
i. Main building: 30 feet; trians. Sidewalks or pedesvian ways must connect
ii. Accessory 6uildings: 24 feet. the required pedestrian system to existing pedes-
D. Public. As required by Chapter 18.40 ACC, trian sys�ems on adjacenj developments if adequate
___P_I�ublic_Use District._ safery and securitV, which may include lighting,.
E. Commercial. As required by Chapter 18.26 can be maintained.Convenient,barrier free,pedes-
ACC, Light Commercial District, except that the trian access to transit stops,when applicable, shall
required setbacks from streets may be avenged be provided.
and that multifamily uniu shall be permined out- D. Architectural Design GuideGnes. The pw-
right. 'The number and location of multifamily pose of this section is to provide design guidelines
units shall be govemed by ACC 18.76.170(A). that will be utilized to insure tl�e creation of high
F. No recreational vehicle(RV)parking spaces quality development that is intemally consistent
will be required for multifamily complexes if there and harmonious throughout the PUD.The follow-
are perpetual restrictive codenants or,a similar ing design guidelines are suggested as a means to
instrument recorded against the property that do create a high quality, pedestrian-oriented, commu-
not allow recreational vehicles to be parked in a nity.
multifamily complex. The language of the restric- 1. All residenrial buildings shall be designed
tive covenants precluding the RVs : shall be and constructed to minimize visual intrusions into
approved by the city of Aubum and shall be windows and private spaces of adjoining develop-
r6corded by the applicant prior to any certificates menu.
of occupancy issued by the city of Aubum for the 2. Wiilvn single-family planning areas, all
subject multifamily swchiie.An origina]recorded buildings shall be designed and constructed wnsis-
copy shall bc provided to the.ciry of Aubum. My tent with approvals granted pursuant to the Aubum
subsequent amendments to the approved covenants City Code.
regarding RV parking must be approved by the city 3. Multifamily buildings within the moder-
of Aubum and recorded. Any recreational vehicles ate density planning areas shall inco.rporate design
within a multifamily complex that aze in violation elements that are rellective of single-fatnily hous-
of this covenant shal] be considered a violation of ing. These design elements may include the use of
this title and will be subject to the provisions of pitched roof systems, limiu on length of buildings
Chapter 1.25 ACC, Civi1 Penalties for Viola)ions. and building massing, a limited number of
The owner/manager and/or homeowners' associa- entrances as viewed from any particular elevation,
tion responsible for the multifamily complex will varied setbacks to avoid_massing of buildings
18-101 (Revised 3160)
18.76.075
along setback lines of anerial and collectoi streets, 62nd Street SE, Lakeland Hills Parkway or other
and a combination of landscaping and fences future arterial streets. In such cases a six-foot-high
within setbacksto create private space. fence may then encroach into the yard setback
4. Multifamily buildings within the high abutting the aforemeritioned streets sabject to the
density planning areas shall also incorporate following: if a six-foot-high fence is proposed, it
design elements such as roof treatrnents and build- must be for all ora majoriry of the street frontage
ing articulation intended to minimize 6uilding the sobject lots abut. Individual six-foot-high �
mass to insure compatibility with adjoining low�er fences on independem lots will not be perrriiued in
density development, parking shall be clustered in the required setback area. A five-foot ti�idth of
loca�ions tliat minimize visibiliry from public landscaping is required betw-een the fence and the
streets, or screened with berms and landscaping, back edge of the abutting sidewalk.The homeown-
solid waste and outdoor storage facilities shall be ers' association shall perpetuapy maintain the
• limited to enclosures that are architecturally com- fence and the landscaping and the developer shall
patible with the primary building,and pool and rec- provide evidence of such perpetual maintenance.
reation areas shall be located away Gom property The fence and landscaping shal] be installed prior
lines of adjoining lower density residential devel- to the occupancy of the home on the associated lot.
opment. The planning director shall approve of the fence
5. Huildings located along the Lakeland material, landscaping and evidence of the home-
Hi11s Parkway linear park or which front other pub- owner's maintenance.
lic parks shall incorporate laodscape features that ' All fences shall be consistent with the sight dis-
compliment the design of the public park,in accor- tance requirements contained in Section 2.14,
dance ivith the approved master ]andscaping plan In}ersection Design Elements of the Design and
referenced in ACC 18.76.075. Construction Standards Manual, as may be
6. Prior to or concurrent with the submittal amended. (Ord. 5777 § I, 2003; Ord. 5364 § 1,
of a commercial or nonresidential site plan, a 2000;Ord. 5092 § 1, 1998.)
design plan that incorporates the following ele-
ments shall be submitted (o the planning director 18.76.075 Landscaping and screening
for review and appro4al: requirements:.
a. A consstent des—��eme compatble— A.-Witfiui 12D�ays of the effecfrve date�of the-----
with the balance of the PUD. ordinance codified in this chapter, a master land-
b. Exterior facades shall be sofiened by scape plan shall be submitted to the'ciry planning
modulation, landscaping adjacent to buildings,and director for review and approval. I'he master land-
varied roof lines. scape plan shall desi�ate the scope of the plan,
c. Buildings on the pads shall be plat material references, types of landscaping
designed to be compatible with the design of the including screens and buffers, and regulations by
commercial swcture. planning azea.
d. Rooftop equipment visible from B. The purpose and goal of the master land-
adjoining development shall be designed such that scape plan is to achieve a harmonious and consis-
it appears as an azchitectural feature and similar to tent appearance within the PUD area, including
the building with regazd to color and/or texture. that of a wel]-planned residential area and a theme
'I'he equipment shall be arranged or screened in a that cames into the nonresidential areas. ConsideT-
manner to minimize 4isibiliry from adjoining ation of transitional areas and boundaries between
development or public rights-of-way. different uses will be important. The city of
e. One or more buildings, such as build- Aubum landscape code shall be used as a guideline
ings on pads; should be located adjacent to the in the development of the plan, although ACC
street frontage with parking located to the"reaz"of 18.50.060(L) shall not apply.
the building. C. Until the master landscape plan in subsec-
f. Truck loading azeas should be tion A of this section is approved by the city plan-
saeened from adjacent properties and streets. ning director, the city of Aubwn landscape code
g. 'frash disposal areas should be (excluding ACC 18.50.060(L)) shall apply to new
enclosed.
E. Fences.Fences shall comply with the regula-
tions of ACC 18.48.020(A)(I)except on those lou
that have two street frontages and abut Lakeland
Hills Way, Evergreen Way, Lakeland Hills Loop,
(Revised3l04) . �$-702
Auburn Cih� Code 18.76.077
development applications submitted ro the ciry. D. Within the commercial and nonresidential
The ciry planning director may approve variances planning areas, signs shall bc subject to Chapter
from the code for specific submittals. (Ord. 5092 § 18.56 ACC except as follows:
1, 1998.) l. Commercial areas within the PUD shall
be limifed to one pylon sign within each parcel,All
18,76.077 Sign requirements. other signs shall be monument sryle or wall
A. Within 120 days of the effective date of the mounted.
ordinance codifietl in this chapter. a master sign
plan musi be subniined to ilie city planning direcior
for review and approval. The rimaster sign plan shall
designzte the location and design elements,the use
' of commbn elements, the size and scale of each ,
type of sign,and the quali,ry of materials to be used.
The master.sign plan shall include the design ele-
ments intended for various monuments, including
major entrance monuments planned for major
intersections, which may be similaz in size and
scale to the major entrance monuments located at
the intersection of Lakeland Hills Boulevard and A
Street, and secondary entrance monuments similaz
� in size and scale to that planned foi Lakeland Hills
Way and Evergreen Way. The sign on the monu-
ments shall be designed in accordance with Chap-
ter 18.56 ACC, however, the size of monument
signs shall be governed by the master sign plan. In
addition,the master sign plzn shall include the typ-
ical uses and approximate location of temporary
----directionalsigns,.model homesigns,and_A=boards.
B. Ezcept as modified by this section, the
requirements of Chapter 18.56 ACG shall be appli-
cable throughout tfie PUD until such time as the
ciry approves the masier sign plan. Upon approval
of a masrer sign plan, it shall control. Within each
' prelirtiinary plat or site plan within thesingle-fam-
ily, mode�ate density, and hfgh density planning
areas, the folloying signs shall also be permitted
outrighc:
l. On-site directional signs.
2. Model home signs.
3. Monumentsigns at all plat enirances.
C. The signs referenced insubsection B of ttiis
section shall be desiened and constructed consis-
tent with the examples show•n on Exhibit D,
attached to Ordinance No. 5092.and of th'e size and
scale of similar signs constructed within the King
Counry portion of Aubum. ln addition, en[rance
monument signs shall be designed and constructed
to be low in scale and set in a landscaped bed.Mon-
ument signs shall be located on properry that is
held in common by the homeowners' association,
and the homeowners' associationshall be respon-
sible for maintenance of the sign and landscaping
on a private easement.
18-102.1 (Revised 2/02)
This page left intentionalty blank.
(ReviseC 2IO2) 18-1��-:2
Auburn City Code 18,76.080
2. Nonresidenaal development within the 2. Private sVeets may be permitted within
PUD shall be limited to monument or wall the PIiD provided they meet ihe following criteria:
mounteA signs, except in subsection (D)(]) of this a. Use of the private.street is limited to
secuon. those accessing property withio the planning azea
3. Prior to or conwrrent with the submittal or immediately adjacent to the planning azea and is
of a site plan !or development within a nonresiden- not needed by non-PUD resident5 to travel from
tial area, a commercial sign mas�er plan must be one public sveet to anothv.The design of ihe pri- ,
submitted to the plannine direaor for 'review and ��ate sveet shall be such that it wil] discourage any
approval. "Ihe commercial sien mastcr plan shall through traffic that is not related to the planning
include a coordinated sign ttieme tha) is cqmpauble area itself.
with surrounding de.•elopment. (Ord. 5092 § 1, b. The minimum pavement width for pri-
1998.) vate sveets shall be 28 feet;provided,thaz on-sveet
pazking is allowed only on one side o(the saeet or
18.76.080 Public infrastrucwre requirements. 20 feet for alleys. The roadway section pavement
The applicant for the PUD must provide all depth for asphalt, crushed rock, and gravel base
necessary public faciliues to indude, as a mini- and the matuial specifications of these mat6rials
mum,the following: shall be the same as Auburn standards for public
A. Dedicauon ot Public Uuliues. Public utili- sveets. Addidonal width may be required if deter-
ues being provided by the city must be dedicated to mined to be needed to provide adequate circulation
the ciry unless allowed to be private by the city. for the residenls of the PUD.Factots to be consid-
B. Water, Sewer and Draiqage Facilides. All ered include but are not limited to providing emer-
water, sanitary sewer and drainage facilides must gency equipment access, preventing conflicts
be conswcted and installed in accordance with between pedestrians and vehicle tr�c, on-straet
applicable ciry codes and standards, including pazking, number of units, the need for sidewalks
design criteria, construction specificavons; opera- and bike paths. The pavement width and wnstruc-
uonal criteria, and approved engineering submit- tion standards,to include but not limited to illumi-
tals. nation, signing, storm drainage. cbrbs, guners,
C. Underground Facilities. All public uplities channelization,e.g.,shall be determined by the city
----must-beptaced-underground-except-thosethat-by engineer-at�hetimeof.preliminary-plazor-sitepla�—
their nanue must be on or above ground, such as approval, PrivatE sveets and/or access tracts and
sv8ets, fire hydranu,power vaulu, telephone ped- shazed driveways that provide a second or addi-
estals and open watercourses. The applicant is tional access to lou/anits shall be conswcted to
responsible for making ilie necessary arrangemenu standazds, as detemvned by the city engine,�,con-
with the appropriate enuues for the installauon of sidered to be appropriate for the situation. Factors
such services. to be considered include the numb� of units
D. Sveets. served,emergency access and traffic circulaUOn.
]. All sveets must be conswcted to the c. All sites served by a private street
city's standards, Variauons from minimum stan- greater than 600 feet in length,shall have at least
� dards for pavement and right-of-way widths or two access connecdons to a public meet and pro-
other dimensional or construction standards may vide for adequaze emergency equipment aceess.
be permitted when special design features of the d. A legally incorporated property own-
PUD or topographic considerations warrant the ers' association assumes the responsibiliry and cost
variapon. The applicant must submit a wriaen jus- to repair and maintain the proposed private streets.
tificauon (or any proposed variauon along with If the association fails to maintain the street, the
evidence that the minimal functional requirements by-laws of the association gi4e the ci.ty the right to
of the proposed sveet improvemen}s are being met. maintain the sveet and charge the cost of the main-
The city engineer shall review the proposed varia- tenance, including any administrazive costs, a the
tion and shall determine if the minimal functional association membeas.
requirements are being met and shall make a rec- e. The by-laws establishing the associa-
ommendauon to the council public works commit- tion must state that if future owners should reqnest
tee whether the variation should be approved. 'I'he that private streets be changed to public streets,
public works committee shall act upon the request then the ownus fully agree t6az,before acceptance
and may require condidons of approval to ensure of such straeu by the city,the owners will bear full
the minimal funcdonal requirements are being met expense of reconstrucUOn or any other action nec-
essary to make the streets substantially consistent
18-103 (Revised 9198)
18.76.090
to the requiremenu of public streets, applicable at tion, or groups of individuals, partnerships or cor-
- that ume. (Ord. 5092 § 1, 1998.) porauons; and
j. The name, address, stamp and signa-
18,76.090 Application for approval of major rure of U�e professional engineu, professional
amendment (o the PUD. architect or professional land surveyor who pre-
A. Pre-applicalion Conference. Prior io filine pared the site plan.
an application for a major amendment io the PUD, 2. Environmental Checklist Form and
the applicant shall anend a pre-applicauon confer- insvucuons provided by the Department in accor-
enee with the plannine direcior and otlier imeres�cd dance ti�ith Chapter 16.06 ACC, Environmental
depanmem heads,or their desi enees,reeardine ihe Re��iew Procedures.
proposed developmem. The conference anendees 3. Conceptual Design of Public Facilities.
shall review the eeneral outlines of Ihe proposal, Preliminary engineering plans and studies thaz
evidenced schemaucally by sketch plans and other include the following:
documenu provided by the applicant. The appli- a. A general descripuon and location of
cant shall receive suggesuons and recommanda- the proposed improvements necessary to propedy
tions generated by the conference along with forms handle the potable wata, sanitary sewer, storm
and guidelines for preparing the PUD application. water drainage and other service needs within and
B. Applicadon Procedure. Following a pre- adjacent to the proposed PUD.
applicaaon conference, applicanu must provide b. In addiuon, (orany major amendment
the planning director seven copies of the following: to the PUD, the following:
l. Applicauon. Forms provided by the i. Andcipated demand capaciues for
department tharask the applicant for the following the proposed watr,r distribulion, storm drainage
information: and sanitary sewage systems.
a. The name o( the proposed PUD or ii. The esdmated,tentative horizontal
planning area and a general descripuon of the pro- and verdcal alignment of all proposed streets and
, posed development requiring the major amend- sidewalks and the esumated grade of any trails.
ment, including descripdons of buildings, and 4. Site P1an.
othe�s9le_improsements; __ a,�eparaGOn. The sit��a_n may_be_pre- _
b. A proposeA schedule that includbs pared by a professional engineer, architect or pto-
submittal of the site plan, preliminary plat, pro- fessional land surveyor registered or licensed by
posed phased developments, if any, and tazget the staze of W ashington.They s6a11 prepare and,by
dates for starting conswcpon; placing his or her sienahue apd stamp upon the
c. Proposed land uses including ihe type face ot the planning documenu, certify that all
and amount or densilies; information is portrayed accurately and that the
d. Number and types of dwelling uniu in proposed PUD complies with applicable standards
the proposed development requiring [he major and regulations.
amendment; b. Scale and Formaz. The site plan shall
e. Tota] amount ot open spaqes, the des- be drawn with reproducible black ink on mylaz or
ignated or proposed use, and the amodpt of open sirriilar maierial. All geographic information poo-
spue designated for public and private use; trayed by the plan shall be accdrate, legible, and
f. Plans for lhe perpetual maintenance drawn to an engineering (decimal)scale.The hori-
and preservation of private spaces and private zontal scale of a plan shall be ]00 feet or fewer to
sveets; the inch,except that the location sketch and typical
g. Any requesu for modificadons to the street cross sections may be drawn to any oth�
sveet construction standards of the land division appropria)e scale. The site plan shall be 24 inches
ordinance including substanuaung informauon as by 36 inches in size. Each sheet shall be numbered
to why the modifications are necessary; consecutively. An index sheet orienvng the otha
h. The gross acreage of the PUD or plan- sheets shall be provided. If necessazy,the planning
ning area, the net osable acreage, and the acreage director may authorize a different sheet size or
of any nonbuildable azeas; scale.
i. The name and address o(the applicant. c. Contents. 7'he site plan must include
All land within the PUD or planning area shall be each of the following:
under the ownership of the applicant. Applicanu i. Vicini[y Map.A vicinity map suffi-
aze defned as an indi4idual, partnership, corpora- cient to define the location and boundaries of tFie
- — -- — - proposed. PUD relative to-surrounding property, _
(Revised 9/9B) 1 g-1�
Auburn City Code 18.76.120
sveeu and other major manmade and natural (ea- schedule for implemendng each phase and corre-
��, sponding public services. Phased sequences and
u. Exisung Geographic Features. intervals between scheduled phases become a con=
Except as othenvise specified, the (ollowing exisa dition of the PUD approval.
ing geogiaphic features shall be drawn lighdy in C. Each phaze must be able to stand on its own
relation to proposed eeographic features and devel- without reliance upon development of subsequent
opments: phases. (Ord. 5092 § l, 1998.) �
(A) All existine propeny lines lying
within the proposed PUD and all existine properq� 18.76.110 Concurrence H'ith subdivision
lines lying within 100 teci o1 the PUD. regulations.
(B) The location of all existing sveets A. A preliminary plat may be processed con-
wiilvn the PUD, both public or private, including currenUy with a major amendment to the PUD or a
the right-of-way widths, pav8ment widths and the site plan. A preliminary plaz must be submitted in
, ���, accordance with ACC 7'ide 17.
(C) Exisung water features such as B. Approval of a majoramendment to the PUD
rivers,aeeks,ponds, wedands,storm water deten- or a preliminary plat apPlicaqon may allow for the
tion basins, watercourses, Iloodplains and azeas modification o!the subdivision construction stan-
subject to inundation or storm water overflow. dazds and specificadons of Chapur 17.12 ACC. If
(D) Existing contour lines at intervals modificauons aze proposed the request must be
of five feet for average slopes exceeding five per- made pazt of the major amendmenf or preliminary
cent or at intervals of one foot for average slopes plat appGcapon. The applicant must also provide
not exceeding five percent. Contour lines shall be substantiavng evidence as to why the modifica-
labeled at intervals not to exceed two feet and shall tions'aze necessary. (Ord. 5092 § 1, 1998 J
be based upon city datum, e.g., NGVD.
(E) Locauon of any exisung stnc- 18.76.120 Administrative review of major
tures lying witliin the proposed PUD. Exisling amendments.
swctures to beremoved shall be indicated by bro- A. The planning director shall fonvazd tne
ken lines,and existing swctures not to be removed major amendment to the PUD applicadon and/or
�---shall-be-indicated�ysolidiines. preliminar��lat-a�site-pla�application,-wgethrt
ui. Proposed Improvements. The fol- with copies of any apprbpriate accortipanying doc-
lowing proposed geographic features shall be uments, to the director of public works.The direc-
shown: tor o(public works shall review the applicarion(s)
(A) The localion of any public or pri- as to the adequacy of the proposed means of sew-
vaze streets and�or storm drainage facilities. age disposal and water supply;the conformance of
(B) The general locadon of the rypes the proposal to any plans, policies or reguladons
of uses or densiues and general disvibuuon of Irn pertaining w streets, storm drainage or uvliUes;
��, and regazding any other issues related to the intei-
(C) The boundaries, dimensions and estsandresponsibiliuesofthedeparnnentofpublic
area of public pazk and common open space areas. works.
(D) Identification of all areas pro- B. The planning director shall solicit the com-
posed to be dedicated for pu6lic use,together with ments of any other appropriaze city department,
the purpose and any conditions of dedicadon. local utility Pro4ider, local school district, and any
(E) Conceptual plans for pedesvian other appropriate pubGc or private enuty,concem-
and bicycle circulation systems. ing the proposed major amendment to the PUD.
(F� The veaunent proposed for the For a major amendment to the PUD or a PUD pro-
periphery of the site including setbacks, fencing, cessed simultaneously with a preliminary plaz,
the approximate amount, location, and type ot any commenu received in a timely manner, as well as
landscaping. (Ord. 5092 § 1, 1998J any written comments received in response to a
nodce of public heazing,s6all either be transmitted
18.76.100 Phased developments. to the hearing examiner or incorporated into a
A. The applicant may propose a phazed devel- report prepared by ihe plaoning director and sub-
opment. mitted to the hearing examiner;prior to the sched-
B. Any phazes being developed in the Lakeland uled public hearing.
� Hills South PUD require a description of each
phase, including the size, uses or densities and
1$-105 (Revised 9/98)
18.76.130
C. The planning director shall appro4e the site 18.76.1fi0 Site plan approval.
plan if it conforms w the approved PUD, the sub- A. Pre-application Conference. Prior to filing
mittal requiremenis of ACC 18:76.160(A), an applicauon (or a site plan approval, the appli-
]8.76.060, and other applicable standards. (Ord. cant shall attend a pre-application conference with
5092 § 1, ]998.) the planning d'uector and other inurested depart-
ment heads, or their designees, regazding the pro-
18.76.130 Hearing examiner revieN. posed development. T}ie conference attendees
Pursuam to the provisions of Chapter 1R.66 shall review the general outlines of the proposal,
ACC Ihe hcarine examiner shall conduci a puhlic e�•idenced schematically by sketch plans and other
hearing on �ill reyues�s tor a major amendmem io a dowments provided by the applicant. The appli-
PUD. The examiner's decision shall be in the form cant shall receive sugeesuons and recommenda-
of a recommendadon to �he city council. (Ord. tions generated tiy ihe conference along with forms
5092 § 1, 1998J and guidelines for preparing the site plan applica-
tion. '
18.76.140 Findings of fact. B. An application shall be required tor the site
Applicauons for a major amendmem to a PUD plan approval ot any portions of a planning area
shall only be approved if sufficient findings of except for those designed for detactied single-fam-
facts are drawn to support ihe following: ily lots and shall include the following:
A. Adequate provisions aze made for the public l. The ordinance approving the PUD,if pre-
heahh, safety and general welfare and tor open viously done.
spaces, drainage ways,sveets, alleys, other public 2. A site plan which shall illustrate the fol-
ways, water supplies, sanitary wastes, parks, play- ]owing:
grounds, or sites for schools. a Vicinity map;
B. 7'he proposed major amendment to the PUD b. Boundaries and dimensions of the
is in accordance with the goals,policies and objec- PUD;
tives of the comprehensive plan. c. If partial approval, illustrate the pro-.-,.
C. The major arnendment is consistent with the posal within the boundaries of the endre PUD; ,
purpose ot this chapter, ACC 18.76.010, provides d. ❑lustrate previous site plan approvals.�.
for[he public benefiu required of the developmeht that may ha4e occuried within the PUD;
� of PUDs and does not result in only increasing the e. Acreage of proposal;
number of uniu that would otherwise be attained f. Rights-of-way location and widths,the
through a development using the existing zoning proposed nazne of each sveet or alley and whether
and subdivisions standazds. the right-of-way will be dedicated as public or
D. The proposed major amendment to the PUD remain private. The designation of any fire lanes.
conforms to the goneral purposes of other applica- Where final sVeet grades are likely to exceed ]0
ble policies or plans which have been adopted by percent in elevation and the estimated tentative
the ciry council. grades of such streets;
E. The approval of�he major amendment will g. Adjacent public sveels;
have no more of an adverse impact upon [he sur- h. Easemenu, exisang and pmposed
rounding area than the approved Lakeland Hills including its purpose;
South PUD as shown on the olficial Lakeland plan i. Locauon and size of all existing and
map. (Ord. 5092 § 1, ]998.) proposed utilities including sanitary sewer, storm
drainage, and water lines lying within or adjacent
18.76.150 City council action. , to the PUD or the phase otthe PUD as appropriaze;
A. The city council may atfirtn,modify, or dis- j. Typical street cross section(s) includ-
affirm the recommendations of the hearing exam- ing any peAestrian facilities;
iner in accordance with ACC 18.66.170. k. Location of uses;
B. The majority of the city council shall inswct l. Locaaon of buildings and swctures,
the city attorney to prepaze an ordinance reflecting both exisung and proposed,including setbacks;
its decision. The ordinance shall include formal m. Location and layout of off-street -
findings of fact and wnclusions supporling the parking, loading and unloading areas;
decision. lf the decision is for approval with condi- n. Locaaon of walls and fences, uound
tions, the conditions shall be specified in the ordi- the perimeter of the PUD or phase of the PUD, as
nance. The ordinance shall be recorded in accor- appropriate, and an indication of their height and
dance with ACC_18.68.060._(Ord..5092 § 1, 1998.) materials: _
(Revised s�se) 18-]06
Auburn City Code 18.76.170
o. Location of any storage azeas or refuse section A of this section.If necessary conditions of
containen; approval may be imposed to ensure consistency
p. Location and size of signs; with the approved PUD. (Ord. 5092 § 1, 1998.)
q. Landscaping plan-conceptual:
r. Indication of height of buildings; 18.76.170 AdjustmenLs to the PUD.
s. Proposed architectural veatment of A. The planning d'vector may approve minor
swctures; adjustments to the approved PUD. Minor adjost-
t. Any co�enants noi previously ap ments aze defined as changes that do not affect per-
proved; mined densities µ�ithin a planning area,basic char-
u. Proposed final coniour lines at inter- ac}er or conditions of the approved PUD or
vals of five feet (or average slopes ezceeding five planning area. Adjustments are considered minor
percent, or at intervals of t�4o feet for average so long as they do not increase or decrease the
slopes not exceeding five percent. Final contours perimeter boundaries of a planning area or the
shall be indicated by solid lines (existing contours number of units indicated for ttiat planning area u
which are to be altered shall be shown by broken shown on the ofFicial Lakeland plan map by more
lines). Contour lines shall be labeled at intervals than ]0 percent. School sites identified in a PUD
not to exceed 20 feet and shall be based upon city may be adjusied as a minor amendment by con-
datum, e,g., NGVD. Contour lines around pro- demnation or in accordance with an agreement .
posed geographic features shall be drawn tightly executed by che appropriate school district(s) and
around the proposed feawres; the applicanr, provided, that if ttie director deter-
v. '1�he site plan;shall illustrate a north mines that adjustment of schools would create sig-
arrow, be properly dimensioned and drawn at a nificant park impacts or intrestructure require-
scale not less than one inch equals 40 feet and on a menis, he may process the amendment as a major
sheet size 24 by 36 inches, more sheets may be amendment.
used if necessary. A reproducible mylar, or similar Transferting multifamily units into the commer- ,
material, and se4en copies of the site plan shall be cial area a} the southwest comer of Lakeland Hills
submitted at the time of application.An altemative Way and the L,ake Tapps Parkway from a multi-
—scal�sh�et size may be appro�ed by the planning family planning area may be a minor adjustment.
director; e tota num ei of-muttifamiiy-unStsm�heYOm=
w. The planning director may require the mercial area cannot exceed 100. N[inor adjust-
subminal of additional infortna[ion in order to thor- ments approved by the planning director must be in
oughly evaluate�he site plan. writing within 15 working days of submittal of the •
3. The site plan applicaiion shall be accom- application. The planning director must forward
panied by a current (within 30 days) title repon copies of the appro4ed adjustment to appropriate
which contains: department heads and �he applicanL The applicant
a. Thz lecal descrip�ion of the total par- may appeal ihe director's decision pursuant to
cel sought for final site plan approval. ACC 18.70.050. If a minor amendment is approved
b. Those individuals or corporations which affects the official Lakeland plan map, the
holding an o�+'nership interest in said p�rcel all of map shall be revised. The director shall keep the
which shall sign �he application for final site plan current map on file.
approval. B. Adjustmznts �hat are not minor as defined in
c. Anv easements or restriciions a(fect- subsection A of this section are considered major
ing the propem• w'ith a descripiion of its purpose �mendments and will be processed in the same
and referenced by an auditor's file number and/or manner as a new PUD application. ]f a major
recording number. amendment a(fecting the official Lakeland plan
4. A signed cenifica�ion that the site plan map is approved, the map and Exhibit B, attached
has been made µ�ith the frze consent. and in accor- to Ordin•rnce No. 5092.shall be amended to reflect
dance with the desire of the owner or owners. the change. If a major�mendment changing condi-
G. A site plan shall be re��iewed in accordance iions o(approval is adopted,EzFiibit A,attached to
with the provisions of ACC 18.76.120. The site Ordinance No. 5092, shall be amended to reflect
plan shall only be approved if it is found to be con- the change.
sistent with and implements the pro�isions of the C. Any change in the exterior boundaries of the
pUD and mee�s �he submival requirements of sub- PUD or an increase in the total permitted dwelling
units abo�e 3.408 shall require a rezone.
lg-Ip� IRe�setl 12�00)
18.76.180
D. The following approvals require a compre- C6apter 18.78
hensive plan amendment: .
1. An increase in the total number of pertnit- TERRACE VIEW (TV) DISTRICT
ted dwelling units above 3,408.
2. An increase in the perrriitted number of Sections:
high density multifamily dwelling uniis(i.e.. more 18.78.010 Purpose.
than 850 units). 18:78.020 Permitted uses. '
3. An increase in the acreage permined for 18.78.030 Development standards.
light commercial de��elopment (i,e.. more than 20 18.78.040 Site plan.
acres).
4. A major amendment to the extemal 18.78.010 Porpose.
boundaries of ttie medium densiry or high densiry The purpose of the Terrace Viewzoning disvict
planning areaz. is to establish zoning requirements for the property
5. A reduction in required open space (i,e.; commonly }�own as '"ferrace View" which is
below 153 acres). (Ord. 5397 § 1, 2000; Ord. 5092 located on the south side of the King/Pierce Counry
§ 1, 1998.) line and east of tt�e East Valley HigBway.The paz-
cel is approximately 52.66 acres in size. The Ter-
18,76.180 Property oKners' association. race View zoning disvict will reflect, in part,
If common open spaces or private streets are zoning provisions allowed by Pierce County and
deeded to a property oN�ners' association, then the project submittals to Pierce Counry. Because of
applicant shall submit a dedaration of ihe cove- this, the Terrace View zoning district will tie a
nants and restrictions that create and govem such modified version of the city of Auburn C-3 heaJy
an association as pan of ihe site plan or preliminary commercial zoning district.The Tertace View zon-
plat approval. The pro�isions must include, but are ing district also retlects the ciry of Aubum compre-
not limited to,the folloti�ing: tiensive plan map which was amended in 1998 to
A. The property oaners' association must be illusvate the property as heavy commerciaL (Ord.
established prior to the final plat approval or the 5377 § 2, 2000.) ,
_aTzproval oLany_oc�anc�_permit relaied �o the
site plan. � 18:78.020 Permitted uses.
B. Membership mus� be manda�ory for each The permitted uses allowed in the Terraee V iew
property owner affected b�- the common space or zoning districc will be those as allowed within
pri4ate street and any successive buyec Chapter 1830 ACC. C-3 Heavy Commercial Dis-
C. The association assumes responsibility for trict, as may be amended.The process to allow any
liability insurance, local iaxes. and ehe mainte- use on the Tertace View property shall be as
nance o(common open spaces. pric�aie streets. rec- reguired by this title with the exception [hat apan-
reational and other communally oH ned facilities. ments/muhifamily uni}s will be considered an ou}-
A financial plan shall also be submiiied that out- right permi(ted use and will not require a condi-
lines[he anticipated exprnsrs�nd revenues needed tional use permit. (Ord. 5377 § 2, 2000.)
to implement the plan o�cr a minimum of a 10-year
period. 18.78.030 Development standards.
D. Memben must paj a pro rata share of the All development s�andards of this title will
association's cost; the assisxment le<ied by the �pply[o the Terrace View propeny with the ezcep-
association can become a lizn on the piopeny. The tion that no recreational vehicle parking spaces will
association must be ablt io adjust iis assessment be required if there are perpetual res(rictive cove-
fees relative to changrd needs and condi�ions. nants recorded against ihe property that do not
(Ord. 5092 § I, 1998.) allow recreational vehicles to be parked in the mul-
tifamily complex. The restrictive covenants shall
be approved by the city of Abburn and shall be
recorded by the applican�prior to any building per-
mits issued by Pierce County or the city of Aubum
for any multifamily strucmre.An original recorded
copy shall be provided to the city of Aubum. Any
subsequent amendments to the approved covenants
must be approved by the city of Auburn and
-----.----- .--- ---.-.- recorded..Any.recreational vehicles onlhe property
(Revisetl 12ro0) 15-108
18.78.040
Autiiirn City Code
that aze in violation of this co��enant.shall be con-
sidered a violation of this title and will be subject
to the provisions ofChapter L25 ACC, Civil Pen-
alties for Violaiions. The ownedmanager of the
Terrace View propeny will be the party responsi-
ble for complying with Chapter 1.25 ACC. (Ord. ,
5377 § 2. 2000.)
]8.78.040 Site plan.
A. ?he loca�ion of the commercia] and multi-
family areas shall generally be consistent with the
site plan entitled"Terrace V iew–Apartmena"and
labeled as "Ezfiibit A". The commercial area shall
not exceed 10 acres.
B. Minor Site Plan Amendment. Minor amend-
ments to the appro�ed site plan may b:e made after
review and approval by the planning director.
Minor amendments are those which may affect the
precise dimensions, design or arrangement of the
buildings or other on-site improvements. A minor
amendment will n'ot change the basic character or
design of the original appro�al or inciease the
impacts of the proposed development.
C. Major Site Plan Amendment. Major amend-
ments are those tliat the planning director de[er-
mines are significant chaoges to the design,
character, intensiry. densiry, use, etc. of the origi-
—nalsite.plan. ,--
A major site pl�n amendment will require a pub-
lic hearing ro be conducted by [he hearing exam-
iner who shall m�ke a recommendation to the ciry
council regarding the major amendmen}. (Ord.
5377 § 2. 2000.J
18-109 (Revised t2100)
i
Exhibit 5
Depiction of Stormwater Improvements - Attached
PAGE 16 of24
2/15/05
~ ~
~ ~AUBURN
1ST AVE. N. -
CITY OF ALGONA ~
WATER QUALITY
TREATMENT NOT A PART "
FACILITY ,-, i~ I
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CJ :..... of :1~_",_"J.1 1-\ I
.:'" L-....___.:::....... " :...1 CITY OF ~U~..
ELLINGSON ROAD CITY OF PACIf"IC -
ELLINGSON ROAD REGIONAL STORM
WATER DETENTION FACILITY
15TH STREET S,W.
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CITY OF AUBURN
CITY OF AlGONA - - - -
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EXHIBIT 5
STORM DRAINAGE IMPROVEMENTS
Exhibit 6
S EP A Determination - Attached
DNS [and Addendum] - Attached
PAGE 17 of24
2/15/05
ADDENDUM
BOEING DEVELOPMENT AGREEMENT
DETERMINATION OF NON-SIGNIFICANCE
SEP02-0035
ISSUING AGENCY:
City of Auburn
25 West Main Street
Auburn. Washington 98001
DATE OF ISSUANCE:
December 20, 2004
DESCRIPTION OF PROPOSAL
Pursuant to RCW 36.70B.170, the applicant proposes to enter into a Development
Agreement with the City of Auburn concerning the standards that will apply to future
development proposals specifically relating to the establishment of a methodology for
calculating transportation impact fee credits and storm water improvements, subject to
changes in Federal and State requirements. In addition, the agreement would vest
certain existing development regulations and conclude certain environmental
disclosures for future developmenVredevelopment that may occur during the term of the
I
agreement. .
PROPONENT
John Powers, Boeing Realty Company
LOCATION
The subject property is approximately 256 acres and located within portions of Sections
24 and 25, Township 21 North, Range 4 East, W.M. More specifically, the property is
located between 15th Street SWand Ellingson Road and between 'C' Street SW and
Perimeter Road (private) within the City of Auburn.
REASON FOR ADDENDUM
The prior analysis and documentation was based on an assumption that stormwater
runoff up to 90 percent of impervious surface coverage was capable of being managed
within existing stormwater facilities. Since the issuance of the DNS, the applicant has
provided analysis and information that calculates that stormwater runoff up to 100
percent of impervious surface coverage is capable of being managed within the existing
stormwater facilities.
This SEPA Addendum is based on analysis contained within a document prepared by
Barghausen Engineers entitled "Addendum to the Preliminary Stormwater Report-
Stormwater Analysis and Hydraulic Calculations. Boeing Fabrication Plant. Auburn,
Washington" This document is dated February 12, 2004. Revised November 12, 2004.
The change hasubeeil reVieWed for probable significant adverse emvironmeritaJ impacts.
The review did not result in the identification of any new adverse environmental impacts;
therefore an addendum is sufficient to satisfy the City's responsibilities under SEPA.
MODIFICATIONS TO THE FINAL DNS
None.
LEAD AGENCY:
City of Auburn
Paul Krauss, AIC
RESPONSIBLE OFFICIAL:
POSITIONITITLE:
Director, of the Department of
Planning & Community Development
ADDRESS:
25 West Main Street
Auburn, Washington 98001
(253) 931,3090
Exhibit 7
Form of Stormwater Easement
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
THIS EASEMENT AND AGREEMENT made and entered into this day of
. 20-0 by and between the City of Aubum, a municipal corporation of King
County, Washington, hereinafter referred to as "CITY" and
,hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certam permits with the CITY for the
construction of facilities for located at
. which create impervious surface; and
WHEREAS, the PROPERTY OWNER will complete a storm system; and
WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be
maintained to provide adequate facilities for controlling both the quantity and quality of storm
drainage; and '
WHEREAS, for maintenance of a storm system it is necessary to have appropriate rig1).t-
of-way to bring in equipment to conduct maintenance functions; and
WHEREAS, maintenance requirement is a covenant running with the land and binding
upon all heirs, successors and assigns of both parties; and
WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors
and assigns of both parties as to the existence of this easement and agreement; and
WHEREAS, an easement is needed to bring in maintenance equipment; and
WHEREAS, the parties are both desirous ofpennitting inspection of the storm system to
make certam that it is functioning properly and for purposes of determining the appropriate repairs.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
THE PARTIES AGREE AS FOLLOWS:
Section 1.
EASEMENT
PROPERTY OWNER hereby provides a non-exclusive easement to the City for access,
inspection, and maintenance for the purposes of this Agreement and the attached Storm Water
Pollution Prevention Plan, over, under and on that real estate described in Exhibit "A" and on that
PAGE 18 of24
2/15/0S
portion of the property as showing on the approved Record Drawings revised pursuant to
construction records for the City of Auburn under Pennit No. , which record
drawings are hereby incorporated by reference as if set out in full. This easement shall be a burden
to that real estate which is legally described and attached as Exhibit "A" and incorporated herein
by this reference, and shall be a benefit to the City Storm Drainage Utility System.
Section 2,
HEIRS, SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the heirs, successors and assigns of the parties.
Section 3.
MAINTENANCE
The PROPERTY OWNER agrees to maintain the storm system in accordance with the
ordinances and all applicable codes of the CITY and the Storm Water Pollution Prevention
Maintenance and Operation Schedule attached as Exhibit "B" and incorporated herein by this
reference. The PROPERTY OWNER does hereby agree that the CITY may enter onto the
property of the PROPERTY OWNER via the easement described above to inspect and perform
necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the
PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY may
enter onto the property of PROPERTY OWNER via the easement described above to perform
emergency maintenance in the event of the storm system's failure which might result in adverse
irnpacts(s) on public facilities or private facilities of other property owners. In both events the
PROPERTY OWNER agrees to reimburse the CITY for the costs incurred by the CITY in
maintaining the storm system. Should the CITY incur attorney's fees and/or costs in enforcing the
agreement and/or in maintaining or collecting maintenance fees, the PROPERTY OWNER agrees
to pay reasonable attorney's fees and all costs incurred by the CITY.
Section 4. ACKNOWLEDGMENT OF OTHER ENFORCEMENT
ACTIONS
PROPERTY OWNER acknowledges that there may be liability for violations of codes
that could result in additional filles and/or the possibility of incarceration in addition to the fees for
maintenance should violations occur.
EXECUTED as of the date first written above.
CITY OF AUBURN
Tim Carlaw, Storm Drainage Engineer Date
PAGE 19 of24
2/15/05
STATE OF WASHINGTON )
)ss.
Coun~of~ )
Owner
Date
Ovmer
Date
I certify that I know or have satisfactory evidence that is the person
who appeared before me; and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as the
STORM DRAINAGE ENGINEER of THE CITY OF AUBURN to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State
of Washington, residing at
My appointment expires:
PAGE 20 of24
2/15/05
Exhibit 8
Total Grandfather Capacity Credit
Existing Predominant Size Impact Impact Fee
Bldg. (sf/GFA\
No. Land Use Type Fee Rate Credit
17-04 Manufacturing 172,322 $0.96 $165,429.12
17-05 Manufacturing 550,219 $0.96 $528,210.24
17-06 Heavy Industry 988,798 $0.67 $662,494.66
17-07 Manufacturing 548,746 $0.96 $526,796.16
17-08 Manufacturing 56,372 $0.96 $54,117.12
17-09 Manufacturing 24,380 $0.96 $23,404.80
]7-]0 Manufacturing 360,953 $0.96 $346,514.88
]7-] ] Manufacturing 28,409 $0.96 $27,272.64
]7-]2 Manufacturing 81,747 $0.96 $78,477.12
]7-13 Manufacturing 42,046 $0.96 $40,364.]6
17-]5 Manufacturing 3,833 $0.96 $3,679.68
17-]6 Manufacturing 3,065 $0.96 $2,942.40
]7-]8 Office 3,500 $2.24 $7,840.00
]7-29 Manufacturing 3.072 $0.96 $2,949.12
17-34 Manufacturing 9:857 $0.96 $9,462.72
]7-36 Manufacturing 1,400 $0.96 $1,344.00
17-44 Manufacturing 23,392 $0.96 $22,456.32
]7-45 Manufacturing ],007,786 $0.96 $967,474.56
]7-64 Manufacturing 3,975 $0.96 $3,816.00
]7-66 Manufacturing ] 65,633 $0.96 $]59,007.68
]7-67 Office 9,109 $2.24 $20,404.16
]7-68 Manufacturing 247,056 $0.96 $237,]73.76
]7-70 Office 82,244 $1.92 $157,908.48
]7-85 Manufacturing 2,244 $0.96 $2,154.24
]7-220 Office 92.380 $1.92 $177,369.60
$4,229,063.62 Total
PAGE 21 of24
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Exhibit 10
Auburn Impact Fee Account Transaction and Status Repnrt
The development agreement entered into by The Boeing Company ("Boeing") and the City of
Auburn ("City") dated concerning property owned by Boeing known as the Auburn
Plant includes a provision for the establishment of an Impact Fee Account to account for the total
number of trips and grandfathered capacity impact fee credits applied for the various lots on the
property ("Impact Fee Credit"). Impact Fee Credits means the credit balance in the Impact Fee
Account established for the Auburn Plant as a result of the calculation of system capacity credits
for the land uses in effect on the date of adoption of the City's impact fee ordinance, July 1, 2001,
as depicted on Exhibit 8 to the Development Agreement. As of the date of the Development
Agreement, the Impact Fee Credit for the Auburn Plan was $4,229,063.62.
The Impact Fee Account was created upon mutual execution of the Development Agreement.
Boeing may, at its sole discretion, withdraw, or authorize the withdrawal from the Impact Fee
Account, of all or a portion of the Impact Fee Credits, to be credited against and to constitute full
payment of City impact fees for the equal amount of traffic impact fees generated by development
of any property covered by the Development Agreement within the City of Auburn that was owned
by Boeing on the date of the Development Agreement and that would otherwise be subject to the
City impact fees.
This Report, in form and content as depicted in this Exhibit 10, shall be used to report a
transaction to \\~thdraw, designate, or assign all or a portion of the trips in the hopact Fee Account
and by the City to record and acknowledge such transaction. The development pennit applicant
shall submit the Report to the City at the time of a planned withdrawal, which will not be valid
urdess signed by Boeing so long as Boeing owns any of the property covered by the Development
Agreement, and, thereafter, unless signed by a person so authorized under the Cascade Industrial
Association Agreement. The Administrator of Planning, Building and Public Works shall
acknowledge the withdrawal and designation by signature. Copies of the Report shall be placed in
the City's project file for the receiving project, and a copy shall be provided to Boeing.
PAGE 23 of24
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