HomeMy WebLinkAboutITEM IV-C
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crrroF Memorandum
* WASHINGTQN
TO: Planning and Community Development Committee
FROM: Kevin Snyder, AICP, Assistant Director / Chris Andersen, Senior Planner
CC Cindy Baker, AICP, Director
Dennis Selle, P.E., City Engineer, Assistant Public Works Director
Ingrid Gaub, P.E., Assistant City Engineer
Jeff Dixon, Principal Planner
Elizabeth Chamberlain, AICP, Principal Planner
DATE: September 10, 2009
SUBJECT: Planning Commission recommendations regarding draft zoning code amendments relating to
temporary uses (Chapter 18.46) and Administrative and Conditional Uses (multiple chapters)
Please find attached copies of draft amendments regarding temporary uses (Chapter 18.46 ACC) and
Administrative and Conditional Uses (multiple chapters of Title 18 ACC) as recommended by the
Planning Commission following public hearings and deliberation during their regular meeting on
September 9, 2009. The draft amendments reflect input and information provided to staff by the
Committee and the Planning Commission during their special joint meetings held on August 4, 2009 and
August 11, 2009. At the September 14, 2009 meeting of the Planning and Community Development
Committee, staff will provide the Committee with an overview of the draft amendments as recommended
by the Commission. Staff anticipates bringing both of these code amendments back to the Committee for
action on September 28, 2009 and to City Council on October 5, 2009.
1
2 Draft Zoning Amendments Regarding Administrative and Conditional Uses
3
4
5 Affected Chapters Page
6
7 Chapter 18.02 GENERAL PROVISIONS ......................................................................................2
8 Chapter 18.04 DEFINITIONS .......................................................................................................3
9 Chapter 18.07 RESIDENTIAL ZONES .........................................................................................3
ter 18.09 R-MHC MANUFACTURED/MOBILE HOME COMML3I~~TY ZONE .....................6
10 Chap
11 Chapter 18.22 RO RESIDENTIAL OFFICE/RO-H RESIDENTIAL,G►'FFICE=HOSPITAL DIST. .....7
12 Chapter 18.24 C-N NEIGHBORHOOD SHOPPING DISTRICT, , rr .....................................9
13 Chapter 18.26 C-1 LIGHT COMMERCIAL w; ...................................9
.............13
14 Chapter 18.28 G2 CENTRAL BUSINESS DISTRICT...... ~
~
\ i~ ................18
15 Chapter 18.29 DUC DOWNTOWN URBAN CENTER DISTRICT
,
19
16 Chapter 18.30 C-3 HEAVY COMMERCIAL DISTRICT ~
-
. ....................20
17 Chapter 18.32 M-1 LIGHT INDUSTRIAL DISTRICT ~
18 Chapter 18.33 ENVIRONMENTAL PARK DISTRICT................................................................. 21
19 Chapter 18.34 M-2 HEAVY INDUSTRIA CT . . .................................22
20 Chapter 18.44 I INSTITUTIONAL USE DI .4v 1 .......................................23
24
21 Chapter 18.50 LANDSCAPING AND SCRE
22 Chapter 18.54 NONCOIV~x STRUC PS, LAN ND USES ...................................26
~ .
23 Chapter 18.64 ADMII~t~ RAT . ND CONDITIONAL USE PERMITS ................................27
24 Chapter 18.70 VARIAN SPE~iLL\EXCEPTIOl~jS, AND ADMINISTRATIVE APPEALS ....33
25 Chapter 18.76 PLA,NNED ~It~IENT`bISTRICT - LAKELAND HILLS SOUTH.... 35
26 Chapter 1 F~'-,YIEW~M DISTRICT .......................................................................36
.1
~
i
Draft amendments, Administrative and Conditional Uses Page 1 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 Chapter 18.02
2 GENERAL PROVISIONS
3 18.02.120 Permitted land uses established.
4 A. Cate ories of Uses Established. Cha ters 18.07 throu9h 18.44 ACC establish
9 P
5 Permitted, administrative conditional, and Prohibited uses, bY zone, for all ProPerties
6 within the Auburn city limits. All principal uses in a given zone are one of t4pee-four types:
7 1. Permitted use (see ACC 18.04.696);
8 2. Administrative use (see ACC 18.04.025):
9 -23. Conditional use (see ACC 18.04.260);
10 34. Prohibited use (see ACC 18.04.752).
11 Uses which are incidental and customary to a principal use may"be considered an
12 accessory use as defined in ACC 18.04.020.
13 Uses not specifically identified as principal uses or determined to be an accessory use
14 shall be classified utilizing the procedures outlined in subsoction (GX6) of this section.
15 B. Zoning Use Tables Established for Residential es:' The zone'~pe tables in ACC
16 18.07.020 and 18.09.020 establish whether a speVuse is permitted tn a zone and
17 ~ whether the use is allowed as a permitted, admimstrative conditional, or prbhibited use.
18 The zone is located on the horizontal row and thopecific use is located on the vertical
19 column of these tables. ~ ` %20 C. Interpretation of Zone Use Tables. x¢
21 1. Legend. The following letters have the followin eanings when they appear in
22 the box at the intersection of the colurrftnd the row on th ~ ne use tables:
23
Symbol D'escription
P P~trn z~~~~~~
itted Use~~~
~
A Adrninistrative l~se
C ~ Condifipnal Use
Prohibited Use
24
25 2 Dther Re ~nents Alicable. The above uses are subject to the other
~
26 applicatip~ requiremen;" tywide erty development standards, and applicable
27 overlay ~istr~\ct regulations~~aecified= i~`the zoning code, the project review procedures
28 specified in A~C Title 14, t~i~~uild g and construction standards of ACC Title 15, the
29 environmenta~ r~view proceClres and regulations specifed in ACC Title 16, and the
30 regulations for t6 C,1 avision c'land in ACC Title 17.
31 3. Additioni~~~ e~eated Conditions. If a number also appears at the intersection
~ ..v
32 of the column and th~x , the use is also subject to the additional requirements as listed
33 in the corresponding dnote immediately following the use table in the specified code
34 chapter. All applicable requirements shall govern a use whether specifically identified in
35 the zone chapter or not.
36 ~ 4. Accessory Use Interpretation. The planning director or desiqnee may determine
37 if a use that is not specifically described as accessory, is permitted as an accessory to a
38 principal use in a zone. Upon inquiry by an applicant, an administrative interpretation shall
39 ( be made by the planning director or designee to determine if a proposed use is allowed as
40 an accessory use within the zone utilizing the purpose and intent of the zone,
41 comprehensive plan policy guidance, and the definition of accessory use contained in
42 Chapter 18.04 ACC.
Draft amendments, Administrative and Conditional Uses Page 2 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 5. Prohibited Uses. If an "X" appears in the box at the intersection of the column
2 and the row, the use is prohibited in that zone. Similarly, if a use is listed in one zone use
3 table but not another zone use table, it shall be considered prohibited in the zone use
4 table in which it is not listed. For example, a use listed in the industrial zone use table of
5 Chapter 18.16 ACC, but not listed in the residential zone use table of Chapter 18.07 ACC,
6 shall be considered prohibited in the residential zones listed in Chapter 18.07 ACC even
7 though the land use does not appear with an "X" in the use table.
8 6. Unclassified Uses. Upon inquiry by an applicant, an administrative interpretation
9 ~ shall be made by the planning director or desiqnee to determine if a proposed use not
10 specifically listed in any zone use table is allowed within a specific zone utilizing the
11 criteria in this subsection. Should an interpretation be made that a~proposed, unlisted use
12 ~ not be allowed in a specific zone, the planning director or desiqn&all indicate which
13 zones, if any, do permit the use.
14 a. Criteria for Unclassified Uses. In order to mtermination that an
15 unclassified use is permitted, administratively permitted, ditio y~~Permitted, or
16 I accessory, the planning director or designee must find ttta he use rs~~~
Auburn
~ ,•th
17 i. In keeping with the intent of the zone,' ~nd consister~~18 comprehensive plan policies; and
19 ii. Similar in nature to, and no rnore,intens - han, specificallisted
20 permitted, conditional or accessory uses; and
21 iii. Consistent with subsection (C)(4) af4his section, if determined to be
22 permissible as an accessory use. (Ord= 6245 § 2, 2009 ~g
~
23
fF~
24 Chapter 18.04
25 DEFINITIONS
26 18.04.025 Administra ve use
27 "Administrative use" means a~ise ermitted i zone onl after review and a roval b
28 the 121anning director or d~s'i nge?a d,'n' rati euses are those which lypically have
29 some otent~ai~dr irn .acts to r~ei hborin i~z~ "erties but which ma be ermitted within a
30 zone follovviria revieW bV the City to establish conditions mitiqatinq impacts of the use and
31 to assuecompatibility Vfh:other ui~esjn the zone.
~
32 18.04.752 ibited use
33 "Prohibiterjlsee means any use which is not specifcally enumerated or interpreted by
34 the city as allo \ Min that ;~one. Any use not specifically listed as a permitted,
35 administrative, nal, or accessory use is prohibited, except those determined to be
36 unclassified and perm~tted by the planning director pursuant to ACC 18.02.120(C)(6). Any
37 prohibited use is illegfl": (Ord. 6245 § 3, 2009.)
38
39 Chapter 18.07
40 RESIDENTIAL ZONES
41 18.07.020 Uses.
42
Table 18.07.020
Permitted Use Table - Residential Zoning Designations
Draft amendments, Administrative and Conditional Uses Page 3 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
~ P= Permitted A= Administrative C= Conditional Use X= Not Permitted
Land Uses Zoning Designations
R- R- R- R- R- R- R-
C 1 5 7 10 16 20
A. Residential Uses.
Accessory dwelling units P P P P X' X' X'
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P Prwp'~_ P P P P
Boardinghouses (with three or more boarders) X X X C C C
Duplexes, provided that minimum lot size of zoning ~
~ designation is met and subject to compliance with X\ Y~~g X fiAI : P P P X
Chapter 18.25 ACC (Infill Residential Standards)
~ Foster care homes 4cgP 6P 6P G~~PP GP 6P
Group residence facilities (7 or more residents) X X X C C
Group residence facilities (6 or fewer residents) P` P P P P P
3 3 3 3 3 3
Keeping household pets Py "~P P P P P P
~ Multiple-family dwellings t X ~~',X X GA P P
Neighborhood recreational buildings and facil~~es
~N
P P
I and managed by the neighborhood homeowners' A A A
association
Renting of rooms, for lo ~ g pu ,2~ s only, to y,
accommodate not mor, n two ns in additio' .to P P P P P P P
the immediate family
Residential care facilities incl i U~ n~
~ assisted livinc~A~a~~` nvales~,~„rtt homes, a~muing P P X X 6A P P
care retire6int faciliti
Single-family detached dweljgs, new P P P P P P X
~ .
Supportive smg, subject toJ~ e provisions of ACC X X X X X P P
18.31.160
Swimming pools, te~~i s court~nd similar outdoor
recreation uses only~~ s to residential or park P P P P P P P
;
uses ~N
Townhouses (attachedl"f X X X X P P P
B. Commercial Uses.
~ Commercial horse riding and bridle trails GA X X X X X X
Commercial retail, included as part of mixed-use
~ development and not a home occupation in compliance X X X X GA GA GA
with Chapter 18.60 ACC
Daycare, limited to a mini daycare center. Daycare
~ center, preschool or nursery school may also be X GA 6A GA GA GA 6A
permitted but must be located on an arterial
Draft amendments, Administrative and Conditional Uses Page 4 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
Home-based daycare as regulated by RCW 35.63.185 P P P P P P P
and through receipt of approved city business license
Home occupations subject to compliance with Chapter P P p p P P P
18.60 ACC
~ Mixed-use development4 X X X X GP P P
Nursing homes X X X X C C C
I Private country clubs and golf courses, excluding driving X X C C xC X X
ranges
Privately owned and operated parks and playgrounds
~ and not homeowners' association-owned recreational X 6A .40~A= GA GA P P
area
Professional offices, included as part of mixed-use
~ development and not a home occupation in compliance X,_.. " X X X GA GA GA
with Chapter 18.60 ACC ~
,.E
C. Resource Uses.
Agricultural type uses are permitted provided they ar~~
incidental and secondary to the single-family use:
Agricultural crops and open feld growing (commercial) X X X X X X
~
Barns, silos and related structures X X X X X X
Greenhouses P x X X X X Keeping of livestock (excluding goats and swinQ), forn~
and rabbits; provided, that there shall not be m4re than~~~`~
one horse, cow, donkey or oher large animal, or'ot~~~ small animals such as shp~~ .9 goultry, rabbi~ or pp XX X X X
similar size animals per ~ch acre'~pfi~'bnclosed usa~Ye
pasture or roaming area ?h is acreage requirement i~ i,ra >
addition to the minimum loite reqWrements of the ,51
zone5
.
Pasturing ari~~graz 's~ P X X X X X X
P X X X X X X
Public an Private stables s-
Roadside sf~nds, for the sale ' gricu
'1t6ral products
raised on the oremises. The s~r~d cannot exceed 300 P X X X X X X
square feet in area~and must r~~et the applicable
setback requirem6~ats ~
Fish hatcheries FC X X X X X X
D. Government, Institu ' nal, and Utility Uses.
~ Civic, social and fraternal clubs X X X X GA GA GA
~ Government facilities XA GA GA GA 6A 6A GA
~ Hospitals (except animal hospitals) X X X X X xC C
~ Municipal parks and playgrounds GA P P P P P P
~ Museums X X X X 6A 6A 6A
( Religious institutions, less than one acre lot size A A A A A A A
~ Religious institutions, one acre or larger lot size C C C C C C C
Draft amendments, Administrative and Conditional Uses Page 5 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
Transmitting towers C C C C C C C
Type 1-D Wireless Communication Facility (see ACC P P P P P P P
18.04.912(J))
Utility facilities and substations C6 C6 Cs Cs C6 C6 C6
1 1. An accessory dwelling unit may be permitted with an existing single-family residence
2 pursuant to ACC 18.31.120.
3 2. No more than six pets allowed in the RC zone. This limit shall not include birds, fish or
4 suckling young of pets. ~
5 3. No more than four pets allowed in the R1 - R20 zones ~limit shall not include
6 birds, fsh or suckling young of pets. .
7 4. Individual uses that make up a mixed-use develop~ertit, must beI'llermitted within the
8 zone. If a use making up part of a mixed-use develc5pm~~nt requires 'a~Todministrative or
9 conditional use permit, hu+ mix°d us° ;n ^°ffmi*+°~, the individual use U$1~pply for and
10 receive a-the administrative or conditional usd,approval, as applicable
, p
z
11 5. Proximity of pasture or livestock roaming area to~tr~lls, surface waters, and aquifer
„
12 recharge zones is regulated by the King or Pierce Co~ty board of health, and property
13 owners shall comply with the provisiot~ the King County;board of health code.
14 6. Excludes all public and private utilitylaciliti~~~~ldressed under ACC 18.02.040(E).
15 7. Administrative use ermit , ot re uired viih a rov ras art of a subdivision or
16 binding site plan. ~
17 (Ord. 6245 § 5, 2009 g) •
~
~A~
18 r~~`~
19 Chapter ~9 20 R-MHG~'~ANUFACTUt~E[~/MOBt~~HQME COMMUNITY ZONE
df
i
"k
21 18.09.020s. kd
22
'~ermitted use Table - Residential Zoning Designations
Land Use R-MHC Zone
A Manufactured/Mobile home community P
B Residential accessory use P
C Manufactured/Mobile home community accessory use P
D Keeping of not more than six household pets. This limit shall not apply to P
birds, fish, or suckling young of pets.
E Home-based daycare P
I F Daycare limited to a mini daycare center, daycare center, or 6A
preschool/nursery school
Draft amendments, Administrative and Conditional Uses Page 6 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 P = Permitted Use
2 A= Use may be permitted in district when an administrative use permit has been issued
3 pursuant to the provisions of Chapter 18.64 ACC.
4 C= Use may be permitted in district when a conditional use permit has been issued
5 pursuant to the provisions of Chapter 18.64 ACC.
6 X = Prohibited
7 Also see ACC 18.02.120 for further rules on interpretation. (Ord. 6245 § 6, 2009.)
g
9 Chapter 18.22
10 RO RESIDENTIAL OFFICE AND RO-H RESIDENTIAL . FIC& ~ SPITAL DISTRICT
11 18.22.020 Permitted uses.
12 Hereafter all buildings, structures or parcels of. land shall only be used idt~the following,
13 unless otherwise provided for in this title:
14 A. Permitted uses in RO designation: 4W4
15 1. Art and photography studios, including acceig"~or}r sales;
16 2. Banks and similar fnancial institutions, excluding drive-in facilities;
17 3. Computer sales, including setv~c that is incidertf~~~and subordinate to the sales;
18 4. Duplexes, 3,600 square feet c~1;_ per dwelling'%~ ~it i's required;
19 5. Home-based daycare;
t~:' ; uare feet of lot area is provided
20 6. Multiple-family dwellings; provid~' , th~ 0
21 for each dwelling unit,
22 7. Professional, ffices, ;
23 8. Nonresidential multiteriant buildings ich were constructed prior to June 15,
24 1987, the adoption dafe of Zoning Ordinance No< 129, and were zoned C-1, to occupy
25 any tenant space within tkebuildtng'wi#h a use t~i?at is permitted outright within Chapter
26 18.26 ACC,\,0,:~~~~~ 27 9 Une ~e ~ ed ,singleAimily dwelling not to exceed one single-family dwelling
28 per lot~~~ ~sh~ y~r
,29 Accessory us ~ perm °-d residential uses to include residential garage,
30 guest cotfage, recreation r"~ tool shed, noncommercial greenhouse and swimming
31 pool;
32 11. Keepi`~"r~ of not ~ re than four household pets. This limit shall not include birds,
33 ( fish or suckling yo~f,~t~,.of si.-
34 12. PersonaC ce sho s.
35 f
36 B. Permitted uses in RO-H designation:
37 1. Daycare limited to home-based or a mini daycare center;
38 2. Funeral homes;
39 3. Hospitals (excluding animal);
40 4. Medical and dental clinics;
41 5. Nursing homes;
42 6. Personal service shops;
43 7. Pharmacies;
44 8. Professional offices;
45 9. Religious institutions;
Draft amendments, Administrative and Conditional Uses Page 7 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 10. Noncommercial municipal automobile parking facilities;
2 11. Other retail sales of products that support the medical communitv. (Ord. 5733
3 § 1, 2003; Ord. 4562 § 2(Exh. A), 1992; Ord. 4304 § 1(12), 1988; Ord. 4284 § 1, 1988;
4 Ord. 4229 § 2, 1987.)
5 18.22.025 Uses requirinq an administrative use permit.
6 The following uses may be permitted when an administrative use permit has been
7 issued pursuant to the provisions of Chapter 18.64 ACC:
8 A. Administratively permitted uses in the RO designation:
9 1. Any commercial use abutting a residential zone' which has hours of operation
10 outside of the following: Sunday: 9:OOAM to 10:OOPM: or Monday - Saturday: 7:OOAM to
11 10:OOPM;
12 2. Civic, social and fraternal clubs:
13 3. Daycare limited to mini daycare center, daycare c(ker-;:preschools or nurserv
14 schools;
15 4. Government facilities:
16 5. Nursinq homes: 17 6. Reliqious institutions, less than one acrot size; , ;
18 7. Restaurants, excludinq drive-in facili#res111',100~,:
19 B. Administratively permitted uses in RO-H desion
20 1. An commercial use abuttin a residential which has hours of o eration
21 outside of the following: Sunday: 9:OOAM to 10:OOPM o' JIgnday - Saturday: 7:OOAM to
22 10:OOPM; ~
23 2. Civic, social and fraternal clubs
24 3. Daycare, limited to daycare ceriter, pr6seFaools or nursery schools:
25 4. Government facilities, 26 5. Restaurants, excludipg drive-in fa6~bs,
y g~~rovided 1.200 square feet of lot area is provided for each
27 6. Multifamil dwellin
28 dwellinq unit. IS
29 ;
30 ~ For the ur oses of this set~r~ :,~esii~en#iaLzone'Is defined as an of the followin zonin
31 districts: R-C R id6titial Cons : nc R- Tesdential R-5 Residential R-7 Residential R-10
32 Residential R'-16 Resl""al R- 203,"Residential• R-MHC Residential Manufactured Home
33 Commu~iifrr.
34 18.22.030 Uses requirinonditional use permit.
35 The following uses may 61permitted when a conditional use permit has been issued
36 pursuant to the O~rqvisions ohapter 18.64 ACC:
37 A. .
38 . ' , seGial Y~X ;
39 . , dayGaFe ,
40 ssheels; Y
41 . GoveFnFnent ;
42 4-NursFnghemes;
43 . ;
44 6-.Religious institutions, one acre or larger lot size. ;
45 . RestauFants, .
46 13. .
47 . DayGaFe, , ;
(}g 7 Gnvernmen# f.enilifies•
Draft amendments, Administrative and Conditional Uses Page 8 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 . Multofarnely , PFOveded ,
2 dwelimng i;
3 . RestauFants, ;
4 . . Ord. 4562 § 2
5 (Exh. A), 1992; Ord. 4229 § 2, 1987.)
6
7 Chapter 18.24
8 C-N NEIGHBORHOOD SHOPPING DISTRICT
9 18.24.025 Uses requirina an administrative use permit. ~
10 The followin uses ma be ermitted in a C-N district wheren administrative use
11 permit has been issued pursuant to the provisions of Chaptef %:64 ACC:
12 A. Any commercial use abuttinq a residential zone' wFai6h has hours of operation
13 outside of the followina: Sunday: 9:OOAM to 10:00PM, or Monday = Saturday: 7:OOAM to
14 10:OOPM:
15 B. Civic, social and fraternal clubs
16 C. Daycare, limited to mini daycare, davcare center, preschools or nurseools;
17 D. Drive-in facilities, including banks and restaurants;
18 E. Government facilities: %
19 F. Li uor servin establishments r vided the are se~~nda to a restaurant use and
20 limited to on-premises consumqtion: ,
21 G. Reli ious institutions• less than on .ac~re Ia#.size:
22 H. Restaurants and other eatin estab ftshmi~A i. h a seatin ca acit of more than 25
23 seats.
~ ,z
24 i~~ ~ ~
25 ~ For the ur oses of thfis sec~i residential ' ne is defi ed as an of the followin zonin
26 districts: R-C ResidentlafiConserv R-1 Residehtial R-5 Residential R-7 Residential R-10
27 Residential R-16 Resid''h'rbl R-20 kesidential• R-M %Cl'Residential Manufactured Home
28 Communitv. `;2~ s'
,
29 18.24.030 =equJr~,ng a conditional use permit.
30 The f~a,~C~wing uses rnay be permNtted in a C-N district where a conditional use permit
31 has b ~ ssued pursuanf tc~ the prt~v~~ions of Chapter 18.64 ACC:
~
32 A. •
dayGaFe, dayGaFe , ,
33
34 "FIN , ;
36 . 7~:,,
hiishFnents,
37 knoted ;
38 F-.-Religious institutions. one acre or larger lot size;
39 G.
40 seats. (Ord. 4229 § 2, 1987.)
41
42 Chapter 18.26
43 C-1 LIGHT COMMERCIAL DISTRICT
44 18.26.020 Permitted uses.
Draft amendments, AdministraUve and Conditional Uses Page 9 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 Hereafter all buildings, structures or parcels of land shall only be used for the following,
2 unless otherwise provided for in this title:
3 A. Art, music and photography studios;
4 B. Automobile parking facilities;
5 C. Bakery and pastry shops, products made must be sold at retail on premises;
6 D. Banking and related financial institutions, excluding drive-in facilities;
7 E. Bowling alleys;
8 F. Caretaker apartment;
9 G. Civic, social and fraternal clubs;
10 H. Daycare, including home-based, mini daycare, daycare center, preschools or nursery
11 schools;
12 I. Delicatessens; ~
13 J. Dry cleaning and laundry services;
14 K. Funeral homes;
15 L. Grocery stores;
16 M. Hobby shops; ~
17 N. Hospitals, to include small animal, but does not allow outside run~~r kennels;
18 O. Hotels;
19 P. Laundry, self service; ;~~x
20 Q. Liquor store;
21 R. Massage parlors;
22 S. Meeting rooms and/or reception fiacilities;
23 T. Motels;
~ ii„
~~y~,- `
24 U. Newsstands; ~ a.
25 V. News syndicate services;
26 W. Nursing home; 27 X. Personal service shqps,
28 Y. Pharmacies;
29 Z. Printing and pu~ng; `
30 AA. Professional 0 1
31 BB. Radio and televisio~~~r
32 CC. Retaik.sf~rshops ~cludin - rtment and variety stores which offer for
33 sale the followmg, a d` ~milar d goods:
34 Antiques,
~
35 ~i Artsupplies,
36 3 Ai~#6mobile parts ; d accessories, excluding service and machine shops,
37 4. Bakat~; oods, ~y
38 5. Bevera ~eF ,~;f
39 6. Bicycles, ~
40 7. Books and azines,
41 8. Candy, nuts, and confectionery,
42 9. Clothin
,
9
43 10. Computers,
44 11. Dairy products,
45 12. Dry goods,
46 13. Flowers and house plants,
47 14. Fruits and vegetables,
48 15. Furniture and home furnishings,
49 16. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper and
50 related goods,
51 17. Home garden supplies,
Draft amendments, Administrative and Conditional Uses Page 10 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 18. Household appliances,
2 19. Household pets,
3 20. Housewares,
4 21. Jeweiry and clocks,
5 22. Meat, fish and poultry, preprocessed,
6 23. Notions,
7 24. Office supplies and equipment,
8 25. Photographic equipment, including finishing,
' 9 26. Radio, television, and stereos,
10 27. Shoes,
11 28. Sporting goods, •
12 29. Stationery,
13 30. Toys;
14 DD. Religious institutions;
15 EE. Restaurant, including outdoor seating, but excluding`drive='rn facilities. Sale of
16 alcoholic beverages is a secondary use and is limited~ on=premises consumption;
~ ~ ,
17 FF. Schools, including art, business, barber, beao , dancing, martigFarts and music;
18 GG. Secretarial services;
19 HH. Theaters, except drive-in;
20 ~ II. Other uses may be permitted by the planning ` a tor, o~ designee if the use is
h.
.
21 determmed to be consistent with the intent of the zond:~tr
~d is of the same general
22 character of the uses permitted in this ~ection; ~
23 JJ. Apartments, within the North Au66m:Business Area stablished by Resolution
24 2283, provided they are located in a multistdry building and 50 percent of the
25 gross floor area of the ground floor must rontain'apermitted u, or combination of uses,
,
~
' 26 other than parking, as listed in this section ``The. remairain percent (or portion thereof)
27 of the ground floor may bp oWments, conditionally permitted uses, lobby area,
28 recreation, or other us,~s neede~l;#o maintain the building. There are no minimum lot area
29 per dwelling unit dos~alcula~~,i~ns to apply ta determine the maximum number of
30 dwelling units allowed; ratpr, density shall be limifed by the application of other required
31 development regulations to #he prt~~C~ ~cluding, but not limited to, off-street parking,
~ ° . - '
32 setbacks, and lar~~aping, ~p rh
33 KK. M~c~d Use ey~I~ merit
,tavided that each use is a permitted or conditional use
34 within the zone;
ple family dwQ(ihgs as pait of a mixed use development provided that
35 LL. MR
36 complianc~o.all of the folloW,ing is`demonstrated:
37 1. Multiple,family dw~!lings shall only occur concurrent with or subsequent to the
38 development an~'j structr~in of non-residential components of the mixed use
39 ~ development;
40 2. Applications,~~r mixed use development inclusive of multiple family residential
41 dwellings shall include transportation and traffic analyses appropriate to the type and scale
42 of the proposed development based on the concurrent determination of the pRlanning
43 Skeste"irector and Gity-ci~€-P
gineef-engineer. The P{a+aning-planninq DiFester{lirector
44 and 64y-ciE^^k~nqineer may require the analysis to address, including but not
45 limited to, AM or PM traffic impacts; and/or area circulation planning for motorized and
46 non-motorized modes of travel and connectivity; and/or Transportation Demand
47 I Management (TDM) strategies;
48 -aflW,
49 3. Applications for the mixed use development inclusive of multi-family residential
50 dwellings shall include written and plan information demonstrating compliance to
Draft amendments, Administrative and Conditional Uses Page 11 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 applicable design standards for mixed use development contained in the City of Auburn
2 Multi-Family and Mixed Use Design Standards;
3 I if vd;
4 4. Applications for the mixed use development inclusive of multi-family residential
5 dwellings shall comply, as applicable, with the neighborhood review meeting requirements
6 ~ of ACC 18.02.130 (Neighborhood Review MeetingyS
7 5. Mixed use development comprised of a maximum of one building on a
8 development site shall have the entire ground floor comprised of one or more commercial
9 retail, entertainment or office uses that are permitted outright or conditionally, provided
10 that uses normal and incidental to the building, including but not limited to, interior
11 entrance areas, elevators and associated waiting areas, mechanical rooms, and
12 garbage/recycling areas, may be allowed on the ground floor, except that non-street
13 frontage vehicle garages located on the ground floor together with all other normal and
14 incidental uses shall occupY a maximum of 50 Percent of thW9ro~Qnd floor sPacei.-and
~
~t
15 6. Mixed use development that is geographically t'istribute~l°~;n a development site
16 amongst two or more buildings shall have a minimumof fifty~(50) petit'Opt of the cumulative
17 building ground floor square footage comprised of~e ormore commeir~al retail,
18 entertainment or office uses that are permitted ou~right or conditionally, ~
19 MM. Brew pubs;
P
20 NN. Household qoods storaqe, provided the follav~ing ret~ui'~"ements are rraet:
21 1. No more than two main entrances and/or eAts` #o the buildinq and access to the
22 individual stora4e areas shall be fromAhe inside of the tA.riltlinq;
23 2. Landscapinq and architecturDfovements req6iied to ensure compatibility
24 with present and potential C-1 uses in th~q w„ ' ~tn0v
25 -{Ord. 6253 § 1, Ord. 5666 § 1, 2002; C'i~d. dM~'~ Exh B)," 1992; Ord. 4229 § 2,
26 1987.) ig~v
27 18.26.025 Uses re uiritt a inistrativ se ermit.
28 The followinq useij~ay be p66itted when aii administrative use permit has been
29 issued 12ursuant to the ision&f Cha ter 18 ACC:
30 A. Any commercial usgtdbu#ftndl&tosidential lone' which has hours of operation
31 outside of thftp Suntlay: 9:00AM t:00PM; or Monday - Saturday: 7:OOAM to
32 10.0 0 PM
33 B Ar66des: 34 C. Au~vt~obile sales and ~easing, new and/or used, including liqht pick-up trucks and
35 vans but not%ncludin recrda#ional vehicles or hea trucks rovided the followin
36 re uirementL*\9&__met:
37 1. The boess shall be located on a ma'or arterial as defined b the cit traffic
38 Ip an' ~
39 2. No repairinq.:'paintinq or body work shall be conducted outside of a building;
40 3. If abutting an R zone, a siqht-obscurina fence or landscape screen shall be
41 required;
42 4. A minimum of a 25-foot setback shall be required of any buildinq from anv R
i
43 zone:
44 5. Other landscapinp or architectural improvements may be required to ensure
45 compatibilitv with present and potential C-1 uses in the vicinitYL
46 D. Automobile service stations, provided they are located at the intersection of finro
47 streets, one of which must be an arterial:
48 E. Dance halls:
49 F. Drive-in facilities, includina banks and restaurants:
50 G. Government facilities, excludinq offices and related uses that are permitted outright.
Draft amendments, Administrative and Conditional Uses Page 12 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1
2 ~ For the purposes of this section, a residential zone is defined as anv of the followinq zoninq
3 districts: R-C Residential Consenrancv. R-1 Residential, R-5 Residential, R-7 Residential, R-10
4 Residential R-16 Residential R-20 Residential• R-MHC Residential Manufactured Home
5 Communitv.
6 18.26.030 Uses requiring a conditional use permit.
7 The following uses may be permitted when a conditional use permit has been issued
8 pursuant to the provisions of Chapter 18.64 ACC:
9 A. Ar^^~;
10 B. , ,
11 ,
12 . .
13 4 The businoss shall ho Ien.eiorl on .e m.eier artori-l 'sn i#ri#inerl F»i #he ni4v #raffin
14 ptan;
15 . '
16 . , ~ ,
,
17 Fequ+red;
18 .
19 zone;
20 .
21 .
,
t ,
2L.~ G. . . G . AutoFnebile '
\
23 cfree#nr one of udhinh musf Le .en ~rFen r A-
24 D. DanGe ;
25 E. ,
26 F. GoveFnrAent , ;
27 6:-Brew~pubs;
28 H-Utility substations,,,, Ok
30 , ' M .
31 .
32 ~
33 ' . (Ord. 6253 § 1, Ord. 5383 § 1, 2000;
34 Ord. ~"W~'§ 4(Exh. B), Ord. 5§ 1, 1988; Ord. 4229 § 2, 1987.)
35
36 Chapter 18.28
37 C-2 CENTRAL BUS~ ` DISTRICT
~
38 18.28.020 Permitted` uses.
39 Hereafter, all buildings, structures, or parcels of land shall only be used for the following,
40 unless otherwise provided for in this title:
41 A. Apartments, provided they are located in a multistory building the ground floor of
42 which must contain a permitted use as listed in subsections B through HH of this section.
43 No density limitations shall apply;
44 B. Art, music and photography studios;
45 C. Automobile parking facilities;
46 D. Bakery and pastry shops; products made must be sold at retail on premises;
Draft amendments, Administrative and Conditional Uses Page 13 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 E. Banking and related financial institutions. For drive-in facilities see ACC
2 18.28.030(C);
3 F. Caretaker apartment;
4 G. Civic, social, and fraternal clubs;
S H. Daycare, including home-based, mini daycare, daycare center, preschools or nursery
6 schools;
7 I. Delicatessens;
8 J. Dry cleaning and laundry services;
9 K. Grocery stores;
10 L. Health and physical fitness clubs;
11 M. Hobby shops;
12 N. Hospitals, to include small animal, but does not allow outside"n,s or kennels;
13 O. Hotels;
14 P. Laundry, self service;
15 Q. Liquor store;
16 R. Massage therapy; 17 S. Meeting rooms and/or reception facilities,
18 T. Motels;
19 U. Newsstands;
20 V. News syndicate services; 21 W. Nursing homes;
22 X. Personal service shops;
23 Y. Pharmacies;
24 Z. Printing and publishing;
25 AA. Professional offices,
26 BB. Radio and television broadcasting studios" A" P
~
~ ~r:.
~
~~ment anf~;~iariety stores which offer for
27 CC. Retail stores and~~'ops, including dep
28 sale the following and sA'nilar r~~ated goods:
i ~
1. AntiQues.. ` ,i
29 ~
30 2. Art supplies\~~~~\
31 3. Automobile par~ cludes service and machine shops;
32 4 Bpk~
~
33 5F Beverages, .
34 AEnBicycles; ~H ~
35 7~ooks and mag~
36 8 C~ndy, nuts, and ~~nfecfionery;
37 9. Clothrng,
38 10. Compime~~rs;
39 11. Dairy
prodl~c~~~'
40 12. Dry goods, ~
41 13. Flowers a~id houseplants;
42 14. Fruits and vegetables;
43 15. Furniture and home furnishings;
44 16. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper and
45 related goods,
46 17. Home garden supplies;
47 18. Household appliances;
48 19. Household pets;
49 20. Housewares,
50 21. Jewelry and clocks;
51 22. Meat, fish and poultry, preprocessed;
Draft amendments, Administrative and Conditional Uses Page 14 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 23. Notions;
2 24. Office supplies and equipment;
3 25. Photographic equipment, including finishing;
4 26. Radio, television, and stereos;
5 27. Shoes;
6 28. Sporting goods;
7 29. Stationery;
8 30. Toys;
9 DD. Religious institutions;
10 EE. Restaurants, including outdoor seating. For drive-in facilities, see ACC
11 18.28.030(C). Sale of alcoholic bevera9es is onlY allowed Pursuant;to ACC 18.04.805;
12 FF. Schools, including art, business, barber, beauty, dancing,_rriartial arts and music;
13 GG. Secretarial services;
14 HH. Theaters, except drive-in;
15 ~ II. Other uses may be permitted by the planning direct6t`zor desianee if the use is
16 determined to be consistent with the intent of the zone and is of the ~E~me general
17 character of the uses permitted in this section; " kF'18 JJ. Commuter rail stations and bus transfer stations,
19 KK. Commercial recreation. Outdoor recreatioln areas mXI'Ilkon be allowed b~ ust be part
20 of and incidental to the principally permitted commerC[al r~ use. Th~= utdoor area
21 can be no larger than 25 percent of the floor area of the building of the associated
22 commercial recreation use. The entirelperimeter of the outdoor recreation area must be
23 landscaped with a five-foot width of Typ6 #li`aandscaping pursuant to ACC 18.50.040(C)
24 unless existing building walls are used, ~e\~
~
25 LL. Brew pubs:
26 MM. Apartments, no density limitations 2~re a2pliet! fiHe~i~'st floor of any apartment
27 buildinq that has frontaae;tMlNtain Street sh"all-ontain a uother than residential or
28 arkin which is otherAe e' ed b the zone. Onl that ortion of the first floor
29 that fronts on Main t needsb be occu ie kb the nonresidential use. All a artment
30 projects on Main Stree tast me'it these repnts and then will be considered a
31 permitted use and therefor~~ c~ht~if~0 use~ermit is not reauired. (Ord. 5555 § 1, 2001;
32 Ord. 5510 ~ 144~1U1, !Crd 51J~;~ 1, 199rd. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
33 18.28.0~~ Uses reaui i qtan adrninistrative use permit.
34 The fofi16winq uses may b`~ permifted when an administrative use permit has been
35 issued 12urs, to the rovisons of Cha ter 18.64 ACC:
36 A. Any co ercial use abiuttina a residential zone' which has hours of operation
37 outside of the foiiowina: Surirlav: 9:OOAM to 10:OOPM; or Monday - Saturdav: 7:OOAM to
11
38 10:OOPM: ° °
39 B. Arcades V ~
40 C. Drive-in facilities including banks and restaurants. No drive-in facilities shall be
41 allowed vehicle access to or from Main Street;
42 D. Government facilities, this excludes offices and related uses that are permitted
43 outri ht•
44 E. Any expansion of the space, volume, area or facilities of any automobile repair,
45 maintenance or service automobile service station or car wash business that existed
46 before the effective date of Ordinance No. 5555. Any such expansion must be physicallv
47 connected to the existinq business, must be contained within the same lot or adiusted lot
48 as the existing business and cannot be separated by a street or allev;
49 F. Gasoline dispensinp facilities for passenqer vehicles, provided the followinq
50 requirements, which supersede the requirements of ACC 18.28.050(F), are met. These
Draft amendments, Administrative and Conditional Uses Page 15 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 facilities are not intended to be the same as or allow for an automobile service station as
2 defined bv ACC 18.04.140:.-
3 1. The facility must be accessory to an existing retail/service establishment in
4 which the principal tenant has a minimum floor area of at least 25,000 sauare feet. The
5 principal tenant must own and/or manaqe the facility. The facility must be located on the
6 same parcel of property as the principal tenant and the property must be at least 100.000
7 square feet in area.
8 2. The facility must be located on the property to minimize the amount of conflict to
9 the pedestrian traffic.
10 3. The facility must be located on and have direct access to an arterial using
11 existina curb cuts and driveways whenever practical. If the curb cuts and driveways do not
12 meet current city standards then they shall be brouqht up to such standards.
13 4. The facility cannot interfere with the existina parking and/or traffic circulation on
14 the qropertv. There shall be enouqh room on the propertv to allow for adepuate stackinq
15 space for vehicles waitinq for fuel in order to avoid cars interferinq with vehicles on the
16 street. The facility cannot reduce the amount of parkm&required by the zoninq code.
17 5. The facility shall have a roof that covers ,a?l~actiVities including` the pay window.
18 refuse containers, fuel pumps and the adjacent2,arkin4 area for the cars bein4 fueled. The
19 area that is covered by the roof of the facility sh&'be no larqer than 6,000 sguare feet.
20 The number of pumps shall be limited to five suchtht'~~tno rnote,than 10 vehicles may be
21 fueled at any one time.
22 6. Columns or similar architectural features shal~~ rovided that screen the
23 visibilit of the um islands as well as iue the visible im Aion of enclosin the
24 structure. If necessary, provisions must be, +~e to avoid a ,
s ~tv issue of enclosing anv
25 fumes associated with the fuelinq of the vehicles jh"verall ti~iaht of the facility shall not
1 A
26 exceed 20 feet. ~ <<s=
27 7. The desiqn archrtural treatmentand streets~ape features of the facility must
28 be consistent with the d~~~signcepts as outlined in paragraph "P" of Section 1.4 of the
29 downtown plan as well as provide~some design continuity befinreen the facility and primary
30 structure. ,
31 8. A fve-foot width antisca 'n shall be 12rovided alon the street
32 frontaae(s) that tla~4acilitv is%entedto.
33 9,,-Any other prvducts fle shall only be displayed within the buildinq containing
34 the a: indow and an 'h rod~ibts.-.shall be incidental to automobile
~ ,ti,..
35 carelmatt~" Pnance, or sna and be~~rages. No sales of alcoholic beveraaes will be
"
36 allowed
a~,
37 10. Si s: hall be li ed to ermanent wall si ns attached to the face of the
38 canopy, only
39 11. The a"ticati ~m -or the conditional use ermit shall illustrate how it com lies
40 with these standards:1, d. 5555 1 2001 • Ord. 5510 1 2001 • Ord. 5383 1 2000•
41 Ord. 5193 $ 1, 1998:. ` rd. 4914 & 1. 1996; Ord. 4229 & 2. 1987.)
42
43 ~ For the purqoses of this section, a residential zone is defined as anv of the followinq zoninq
44 districts: R-C Residential Conservancy. R-1 Residential. R-5 Residential, R-7 Residential. R-10
45 Residential. R-16 Residential, R-20 Residential: R-MHC Residential Manufactured Home
46 Communitv.
47 18.28.030 Uses requiring a conditional use permit.
48 The following uses may be permitted when a conditional use permit has been issued
49 pursuant to the provisions of Chapter 18.64 ACC:
Draft amendments, Administrative and Conditional Uses Page 16 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 A._ , .
2 ,
3 parkong, .
4 .
5
6 ;
7 B. AFsades;
8 G. , .
9 ;
10 D. GoveFnFnent ,
11 ettFig#t;
12 E. BFew ;
13 F-.-Utility substations_;
,
G. Any . , velume, ~ . . ,
14
15 , , "
16 . . ,
. . , . r,. .
17
o e~oner1
ig ~}S c~#roo# nr .~Ile~i•.
}4~0 e~EfStff~Q- ~l 6~}Hrrn6t b,
Z,~,~~FSIi~SS - ~}c T-
20 .
, , weoet. T-h
21 ~
22 18.0444. 23 . T-he ' ' ; . . . . . .
. . .
24 . 26,00-0
.
25
26
r
2/ foLZ♦ ~ 7ar y~y
7l;TTeG:
28 .
29 pedes#fian tFaffiG.~
30 . 6i
31 '
32 . 4- 3
4k,
3 . ~
34
spaGe~
35
36 . M\ .
37 . ,
38 , .
39 ' . The
40 ,
41 at-aRy-enet+FAe-.
42 .
43 .
44 ,
45 .
46 0.,,.oea 20 soe+
47 7T~ TC.L~o rloc"9nnn, Q nrnL~TVfii'C~Q/~ fi~GG'iQ1'Cr.~I 4rQ'TGPI4mon# ~nr1 c~#roiTric.Ro#c~n.~no frie~fi~rGSRT4T ec~ n l7T f +ho fanilifit r~~ i~n# L~e
'I~J1IT[ITf~'JGRY7C.~-LTr~f
48 " "
49
50 c4r~ ~e.
Draft amendments, Administrative and Conditional Uses Page 17 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 B.
'Z thaf #ho fanilifii is eriontorl 49 .
3 .
4 ,
5 . .
6 10. , ,
7 snty:
8 11.
9 r°c° ^*a^d(Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord. 5383 § 1, 2000; Ord.
10 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
12 Chapter 18.29
,~V
13 DUC DOWNTOWN URBAN CENTER DISTRICT
y<
14 18.29.053 Uses/activities reauirinq an administratrve"use permit.
15 The followin uses/activities ma be ermitted inihen an administrative Us"e ermit has
16 been issued pursuant to the arovisions of ChapW 8.64 ACC: :
17 A. Expansions of existinq automobile maintenar~~ and ~`ir businesses:'
18 B. Expansions of existing gasoline stations
19 C. Animal da care businesses that-feature outdoor eXercise areas and/or kennels.
'Al
~
,
;'a
E .z ` y
~
~
ANSI
'M:
g
Draft amendments, Administrative and Conditional Uses Page 18 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 I 18.29.055 Uses/activities requiring a conditional use permit.
2 The following uses/activities may be permitted when a conditional use permit has been
3 issued pursuant to the provisions of Chapter 18.64 ACC:
4 A. .
5 B. .
6 C. .
7 D.
g 1829 n2n(G) +ti.,+ d„es no# renuIt in a CAR of 0.75 or nrea#or
9 E-. Any development project that seeks to deviate from any development standard listed
10 in ACC 18.29.060. (Ord. 6071 § 6(Exh. A), 2007.)
11
12 Chapter 18.30
13 C-3 HEAVY COMMERCIAL DISTRICT
14 18.30.025 Uses reauirinq an administrative use''permit.
15 The followinq uses may be permitted when an administrative use permit has been
16 issued pursuant to the provisions of Chapter 18.64-~C:
17 A. Any commercial use abutting a residential zoneO v~rhich has hours of operation
18 outside of the following: Sunday: 9:OOAM to 10:OOPM or:Monday - Saturday: 7:OOAM to
19 10:OOPM;
20 B. Multiple-family dwellings; provided, ~,200 square fpfAt area is provided for
21 each dwelling unit;
22 C. Government facilities, this excludes offices.,gnd related uses that are permitted
"
23 outriaht: Fa
;
24 D. Miscellaneous liqhf , .
liiat~ ~cturing inclu iny toysLiewelrv, ceramic, musical
25 instruments and simitar~~products `ap ap rel and other finished products made from fabrics,
26 leather, and similar matals. ma"ufacturing of brofessional, scientific, and controllina
27 instruments such as hofY~ and oo tica( oods wch and clock manufacturin and similar
.,.`~t
28 roducts wit ,`isales o ducts~rti~ri ured on the remises:
29 E. Nursi& home
30 Ord. 5835 4 2004 Oid~ 910 z-,,1996• Ord. 4590 5 Exh. D 1992• Ord. 4283 1
31 1988: Ord",4229 4 2. 190ffi~ y,
32
33 ~ For the purqoses of this secti , a residential zone is defined as anv of the followinq zoninp
34 districts: R-C Resid'tial Con &vanc R-1 Residential R-5 Residential R-7 Residential R-10
35 Residential R-16 Rntiak w-20 Residential• R-MHC Residential Manufactured Home
36 Communitv.
37 18.30.030 Uses requiring a conditional use permit.
38 The following uses may be permitted when a conditional use permit has been issued
39 pursuant to the provisions of Chapter 18.64 ACC:
40 A. ApaFtments; proyoded, that ,
41 toW,
42 RGoverRrrenI fai.ilitiee. #hie. evi.lurles OFFii.vs anrl re1aIer1 u.es ihaI are perrnit4eiJ
e
43 eUtFig#t;
44 G. , jewell:y, , mGat
45 , ,
46 , , , ,
Draft amendments, Administrative and Conditional Uses Page 19 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 , ,
2 pFeduots, ;
3 D. NUFGing heFnes;
4 Semi-tractor and trailer sales;
5 F-B. Utility substations;
6 6C. Heliports;
7 #D. Work release, prerelease or similar facilities offering alternatives to imprisonment
8 under the supervision of a court, state or local government agency, and meeting the
9 standards established under ACC 18.48.090. (Ord. 5835 § 4, 2004; Ord. 4910 § 1, 1996;
10 Ord. 4590 § 5(Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2, 1987.)
11
12 Chapter 18.32
13 M-1 LIGHT INDUSTRIAL DISTRICT
14 18.32.020 Permitted uses. ~15 Hereafter all buildings, structures, or parcels 16nd in an M-1 light industrial district
16 shall only be used for the following, unless ott~ Se provide~d for in this title; :
17 A. Automobile service and repair; M
~
18 B. Automobile washes; ~
19 C. Banks and financial institutions, ~
20 D. Building and construction contra&t services;
f \L~
21 E. Caretaker quarters, not more than ~►r~~.~r,_stablishmer► ~.00
22 F. Cold storage plants; Rk,\ 23 G. DaYcare, includin9 mini daYcare centers, d~ycar~nters, preschools or nursery
q~
24 , schools;
25 H. Equipment rental arid leasi;~~;
;
26 I. Gasoline flling sta~ion;
27 J. General offices, 28 K. Health and physical`fithess~lubs- 29 L. Horticul.tOt inursenes,
y exqludmg° ng;
30 M. Household mov~~~yand stpr~aw e,
31 N Jat~ttorial services,~ , a~~ ~i
~•u~ y:
32 0 AJ615 #t`aining and voc;~ltional reFt~~ilitation;
33 P. Mandiiot~ring, assemt~[Jng and packaging of articles, products and merchandise
34 when conduct~~entirely wifTi[n an enclosed building;
35 Q. Mini-storalwarehouses;
36 R. Motels and h~fels;
37 S. Multiple-family dw1`ings, provided they are located in a multi-story building the
38 ground floor of which;riiust contain one of the following uses listed in subsections (C), (J),
39 (K), (T), (W), (X), (Z) and (AA) of this section. The ground floor may contain entrance and
40 lobby areas which serve the dwellings;
41 T. Personal service shops;
42 U. Printing, publishing, and allied industries including such processes as lithography,
43 etching, engraving, binding, blueprinting, photocopying, and film processing;
44 V. Research, development and testing;
45 W. Restaurants;
46 X. Retail sales of all types; 47 Y. Retail sales and rental of automobiles, trucks, motorcycles, recreational vehicles and
48 boats;
Draft amendments, Administrative and Conditional Uses Page 20 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 Z. Reupholstery and furniture repair;
2 AA. Small appliance repair;
3 BB. Warehousing and distribution facilities, to include wholesale trade not open to the
4 general public. This includes motor freight transportation as an incidental use but
5 specifically excludes motor freight transportation as the principal use of the property;
6 CC. Other similar uses and accessory uses and buildings appurtenant to a principal use
7 ~ which the planning director or desicLnee finds compatible with the principal permitted uses
8 described in this chapter and consistent with the purpose and intent of the M-1 zone;
9( DD. Sexually oriented businesses as provided in Chapter 18.74 ACCi
10 EE. Commercial recreation, including animal race tracks. (Ord. 6120 § 1, 2007; Ord.
11 6033 § 1, 2006; Ord. 5863 § 1, 2004; Ord. 5835 § 5, 2004; Ord. 4 0§ 1, 1996; Ord. 4294
12 § 1(15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.) 4~~~
13 18.32.030 Uses reauirinp an administrative use permit
14 The following uses mav be permitted when an administtive ermit has been
15 issued pursuant to the arovisions of Chapter 18.64 ACC; k,,
16 A. Auction houses, excludina animals; ~
17 B. Government facilities; ~
18 C. Reli ious institutions to be located in exisiicilitie"nl .
19 18.32.040 Uses requiring a conditional use permit~~~~ ,
20 The following uses may be permitted when a conditionTIse permit has been issued
21 pursuant to the provisions of Chapter CC.
22 A_.
AuGfien , r
'
24 G. GeyeFAFnent . 25 B-Heliports, Al~
y/ °
26 €B. Radio and tele .,"ion trav;,..i~itting towe
27 ~C. Religin, . . , . . eiApting 28 6-Utility substan , less arly incidenta~, part of a permitted use. Then the
29 substation shall be ermi
P '
30 ~ #D. Work re pas~~,prerelease or sirrular~acilities offering altematives to imprisonment
~
31 under th ~upervisior~ ~f a court, state or local government agency, and meeting the
32 stand established urtd,~ ACC I~<48:090;
33 ~ LE ` community tr~
sition fEicilities meeting the standards established under ACC
34 18.48.150 d..Chapter, 71 jRCW. (Ord. 6120 § 1 2007; Ord. 6033 § 1, 2006; Ord. 5863
35 § 3, 2004; 0 35 § 6, 20,04; Ord. 5690 § 1, 2002; Ord. 4910 § 1, 1996; Ord. 4590 § 6
36 (Exh. E), 1992, 4304 §,-,'1(17), 1988; Ord. 4229 § 2, 1987.)
37
38 Chapter 18.33
39 ENVIRONMENTAL PARK DISTRICT
40 I 18.33.030 Uses requiring a conditional use permit.
41 The following uses may be permitted when a conditional use permit has been issued
42 pursuant to the provisions of Chapter 18.64 ACC:
43 A. Radio and television transmitting towers;
44 B. Religsous , ;
45 I G-.-Utility substations, unless clearly incidental and part of a permitted use. Then the
46 substation shall be permitted outright. (Ord. 6036 § 10, 2006.)
Draft amendments, Administrative and Conditional Uses Page 21 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 18.33.050 Supplemental development standards.
2 Supplemental development standards in an environmental park district are as follows:
3 A. All activities shall be conducted entirely within a building except as follows:
4 1. Horticulture activities.
S 2. Outdoor storage associated with light manufacturing uses pursuant to ACC
6 18.33.020(K).
7 3. Refuse containers, provided they are screened from adjoining property and
8 public or private right-of-way with a masonry fence and a five-foot width Type III
9 landscaping.
10 ~ 4. Uses listed as requiring an administrative or conditional use permit which require
11 some outdoor activiry or display.
12 B. All odors, noise, vibrations, heat, glare, or other emissions.are'controlled within the
13 confines of a building.
14 C. Loading and unloading docks shall not be visible from the street.
15 D. Mechanical equipment on rooftops shall be sited and tlesigne~, to minimize noise and
16 effectively screen the equipment from view from adja~tat propertien~! rights-of-way.
17 The following methods, or a combination thereof, rn~y be used:
18 1. Set back from the roof edge to obscurel~visibility from below;
19 2. Integration into the building architectur~jil,~sing building walls, roofw~ells or roof
20 parapets to conceal the equipment; ' y, . .
21 3. Equipment enclosure or sight-obscuring fenci~tg or landscaping;
22 4. Overhead trellis or roof to obscure visibility fro ~ove.
23 Materials used to screen mechanical equipment shall be~ h~ same as or compatible with
24 the design of the principal structure.
25 E. No on-site hazardous substance Pro' dessirtd. and handlin or hazardous waste
26 treatment and storage facilities, shall be perKnitted;unle$~~learly incidental and secondary
27 to a permitted use. On-site; hAza[dous waste;treatment at~d storage facilities are
28 prohibited. (Ord. 6036 § 10, 2dU~i )
,
29
~~~e
30 Chapter 18.34
31 M-2 HEAYY IND ° DI I~ICT
32 18.34.030Uses re uirin atrative use ermit.
33 The follovriing uses may ~ h_permifted when an administrative use permit has been
34 issued pursuaht #o the provrii+ons of Chapter 18.64 ACC:
35 A. Commercin d r i e s
36 B. Commercial~lftea#icK. includinq animal race tracks;
37 C. Drive-in theate/~%"`e
38 D. Government facc~ties:
39 E. Motels:
40 F. Processing or pulpina of wood or other fibers;
41 G. Taverns:
42 H. Warehouse sales, open to the public, must have a minimum of 50,000 sauare feet of
43 floor space.
44 18.34.040 Uses requiring a conditional use permit.
45 The following uses may be permitted when a conditional use permit has been issued
46 pursuant to the provisions of Chapter 18.64 ACC:
47 A. Animal and food processing including the following:
Draft amendments, Administrative and Conditional Uses Page 22 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 1. Animal slaughtering;
2 2. Curing, canning, freezing, and processing of ineat and seafood;
3 3. Pickling and brine curing;
4 4. Rendering of animal or fish grease or tallow;
5 5. Tanning and dressing of hides;
6 B. Asphalt batch plants;
7 C. Auction houses, including animals;
8 D. Automobile wrecking and salvage;
9 E. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum, gas and
10 similar products, unless clearly incidental and secondary to support a principally permitted
11 use;
12 F. Bulk storage of explosives and fireworks;
13 G. GoFnFneFOial ;
14 H. Gomrner-Gial , ;
15 IG Concrete mixing and batching plants, including ready-mix c:oncrete facilities;
16 I 1'lrivo_in #hea4ors• .
~
17 K. GeyeFRFnent . ~
,
18 LH. Heavy metal processing, including blast fTnaces, drop forges, and similar, heavy
19 metal operations; M, "ITIII-L
20 I MI. Heliports;
21 NJ. Manufacture of:
22 1. Ammunition and explosives,, ~
23 2. Paving and roofing materials'0r c~ther products frc~rn~etroleum derivatives;
24 8:-Metels;
25 P.
26 QK. Radio and television transmitting toWPrs,
27 L. Rock crushing pl
~i,,.
28 SM. Refining of m als s petroleum, metals and ores, fats and oils;
29 N. Salvage yarc~s the stor c~e of inetals, paper, glass, rags, building materials, and
30 similar activities;
~
31 ~-0. Solid waste proce~ Ig
32 . V
33 aAFP. Utillfy substatiar~s~ unle ~kIparly incidental and part of a permitted use. Then the
34 substafi6n shall be perd outngF~t,,, '
35 '
,
36 fieeF-spase-~~ ,
37 -YQ. Off sit~ ,zardous w~,` te treatment and storage facilities subject to compliance with
38 the state siting t~X~a (Cha~~er 70.105 RCW);
39 ~ 2~R. Secure comrrt~~i~r,transition facilities meeting the standards established under
40 ACC 18.48.150 and ter 71.09 RCW. (Ord. 6033 § 2, 2006; Ord. 5835 § 8, 2004; Ord.
41 5690 § 2, 2002; Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4294 § 4, 1988; Ord. 4262
42 § 2, 1988; Ord. 4229 § 2, 1987.)
43
44 Chapter 18.44
45 I INSTITUTIONAL USE DISTRICT
46 18.44.025 Uses reauirina an administrative use permit.
47 The followinq uses may be permitted in an I district when an administrative use permit
48 has been issued pursuant to the provisions of Chapter 18.64 ACC:
Draft amendments, Administrative and Conditional Uses Page 23 of 36
As Recommended by Planning Commission on 9/9/2009
Revised 5eptember 10, 2009
1 A. Colleqes and universities.
2 18.44.030 Uses requiring a conditional use permit.
3 The following uses, when owned and operated in conjunction with an outriqht permitted
4 use as listed in ACC 18.44.020, may be permitted in an I district when a conditional use
5 permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
6 A. . ;
7 B. GategeFy .
8 . . .
9 4-Airport landing areai;
10 2B. Assembly/light manufacturing;; d
11 3C. Establishments serving alcoholic beveragesi; S -12 4D. Manufactured home parks;;
13 aE. Multiple-family dwellingsi;
. x:
14 6F. Retail sales and servicei;
15 7G. Duplexes. (Ord. 4528 § 4(Exh. B), 1991; Ord,~~~?92, 1987
16
17 Chapter 18.50 6
18 LANDSCAPING AND SCREENING
19 18.50.050 Regulations by zone. `
i uoe o ~ R=S, § R 7, ~nd LHR3 R-10
A. €~R-C, ~_R1,
20
.;n '
21 Residential ~sZones. Landscaping shall c~nibe required in conjunction with an
22 administrative or conditional use permit Ti~e rype;~rt , t of landscapinq #e-shall be
23 determined at that time thRadministrae`~r condifal use permit is approved.
24 B. R-16 and °4 a^E1+Fi^'sR-20 Residential Zones.
25 1. Street frontage: five fooit width of TypP II I;
26 ~ 2. Ad}aGent-teAbt~ttinq RR-S1, 4R45, ' Ho' ^r LHR2-R-7 zone:
27 fve-foot width of Type III;`"~l~arr~~yp~rktr~, or d eways will require a five-foot width of
28 Type II,
29 ~ 3~~er~=te buttin '-10 e~R~-zone: fve-foot width of Type IV, adjacent
30 parking ~driveways iJ~quire -foot width of Type III.
31 C ~F' RO-H Distn~~~ 32 1~ y° ~t frontage: 'fpfoot width of Type III;
33 ~ 2. A~~eAbuttiR-RC, R-S1 R-~-5, R-27, or R-3-10 zone: 10-foot width of
34 Type III, adjacera~~~~rking o~, riveways will require a 10-foot width of Type II;
35 ~ 3. ~aser~~#eAbuttiria R-16. R-420, R-NI#RMHC: five-foot width of Type IV,
36 adjacent parking or driueways will require a five-foot width of Type III;
37 4. For conversions of single-family residences to commercial uses within the RO
38 district, existing healthy landscaping may be retained and utilized or supplemented to
39 meet the intent of the code requirements as determined by the planning, building, and
40 community director or designee. See ACC 18.50.060 for plan requirements.
41 ~ D. I, L444-,C-1, I=HGI; G2, C-N, P4-,and L44P1 Districts.
42 1. Street frontage: five-foot width of Type III, no street frontage landscaping is
43 required for the C-2 zone except for parking lots and as may be required by ACC
44 18.28.050(F);
45 I 2. AdjaGent teAbuttina R-RC, R-91 NHRS, R45, LHR1; R-27, , uR'', R_3, ^r L-kIR=
46 103 zone: five-foot width of Type 11, adjacent parking or driveways will require a five-foot
47 width of Type I;
Draft amendments, Administrative and Conditional Uses Page 24 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 ~ 3. Adfasen#teAbuttin R-16. R-420, LHR4, RO, RO-H, Q-"P, or L#R-NI#RMHC
2 zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width
3 of Type II.
4 E. C-3, LF Districts.
5 1. Street frontage: five-foot width of Type II I;
6 ~ 2. AdjaGent teAbuttinq R-RC, R-S1, R45, R-27, or R-3-10 zone: 10-foot width of
7 Type II, adjacent parking or driveways will require a 10-foot width of Type I;
8 ~ 3. Adfasent teAbuttin R-416. R-20, RO, RO-H or R-N4#RMHC zone: 10-foot width
9 of Type III, adjacent parking or driveways will require a 10-foot width of Type II;
10 ~ 4. Outdoor storage yards ac4aser#-teabuttina any C, P, I or M-1 zone.
11 F. M-1 District.
12 1. Street frontage: 10-foot width of Type III, an additional;;10-foot width will be
13 required when loading and unloading docks face a street. In lieu,,.of the additional 10-foot
14 width of Type III landscaping, a Type II landscaping may be pro"vided;
15 2. AdjaGent any R zone: 10-foot width of Type I,
16 I 3. Adjasent-teAbuttin I, C-1, G2, P-1, or C-N Ibne: ,10-foot'width of Type 11,
17 adjacent outdoor storage yards will require a 10-fo~af,i+ridth of Type I; '
18 1 4. ~}ase~eAbuttin4 C-3, LF zone: 10 fpot width of Type III, adjaCent outdoor
19 storage yards will require a 10-foot width of Type~~~;
20 5. For those buildings that have frontage on` ~ treet 9 minimum of a'10-foot width
21 of Type III landscaping shall be placed next to the bui g;
22 ~ 6. Outdoor storage yards a~aget~eabuttinq ot~r`M~1 zoned property shall have
23 a minimum width of a five-foot Type I lanciscaping;
24 ~ 7. Adjasent teAbuttin4 the Interurbain~"x~~! Outdoor sfQ~Cyards adjasent
25 teabuttina the Interurban Trail (regardless'of the',zo~mg,of the triterurban Trail) shall have
26 a minimum 10-foot width of Type I landscaping 4~`~~~ 27 G. M-2 District.
28 1. Street frontage: 10-foc3t*idth of Tyl~ III;
29 2. Adfasent teAbuttiny. anzone: 30 f\ot width of Type I;
30 ~ 3. Ad}aser~eAt~,Ei~iy, I, C1, G2, P-1, o~ ~~=N zone: 10-foot width of Type II,
31 adjacent outdoor storage }r~ wi~~~t~r- oot width of Type I;
32 ~ 4a~~~1,but„~\ or LF ~ciri . 10-foot width of Type II, adjacent outdoor
33 storage y4~t1s will reql~~~' 10_i~ ~width of Type I;
34 ~,~or those bui s tha "~}~y9,.:frontage on a street a minimum of a 10-foot width
35 of Ty~iE~~~~ndscaping sh e placed next to the building.
36 H. BP Dis#rict. The amouot;.and rype of landscaping shall be determined at the time of
37 the approval 6fi,the business bark. The landscaping requirements shall, however, be
38 guided by the M4:=requiremehts and a minimum of 15 percent of the business park shall
39 be landscaped
40 I. EP District.
41 1. Except as pirovided for in subsection (Ix2) of this section, all required yards shall
42 be landscaped with Type III landscaping.
43 2. The planning director may reduce the width of required landscaping by up to 50
44 percent for projects employing drip irrigation or similar water conservation measures, use
45 of native plant materials, or xeriscaping.
46 3. In no case shall less than 15 percent of the lot be landscaped.
47 4. Outdoor storage areas shall be screened with a minimum width of five-foot Type
48 I landscaping. (Ord. 6231 § 4, 2009; Ord. 6036 § 3, 2006; Ord. 5863 § 5, 2004; Ord. 5342
49 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) -(39), 1988; Ord. 4229 § 2, 1987.)
50
Draft amendments, Administrative and Conditional Uses Page 25 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 Chapter 18.54
2 NONCONFORMING STRUCTURES,
3 LAND AND USES
4 18.54.060 Maintenance, damage repairs and restorations, additions, enlargements,
5 moving or relocation of nonconforming structures, and residential structures.
6 A. Ordinary maintenance of a nonconforming structure which includes minor interior and
7 exterior repairs and incidental alterations is permitted. Minor maintenance and repair may
8 include but is not limited to painting, roof repair and replacement, plumbing, wiring,
9 mechanical equipment replacement, and weatherization. Incidental alterations may
10 include construction of nonbearing walls or partitions.
11 B. No structural alterations, as defined by the Uniform Building C6tle, shall be made
12 except as required by law or ordinance; provided, that the cost of such work shall not
,
13 exceed 50 percent of the assessed valuation of such structure as established by the most
14 current county assessor's tax roll.
;
15 C. A nonconforming structure having been damag~dyy, rpartially d~str~yed to an extent
16 not exceeding 50 percent of the assessed valuation.flf sucfi structure astablished by
17 the most current county assessor's tax roll, may be restored to its originat 60-ndition, as
18 authorized by the city's building official, and its fmr"rtediately preceding or exis#ing use at
19 the time of partial destruction may be continued or re'sumed Restoration sha11 begin within
20 one year and be completed within finro years of the d~~partial destruction. If restoration
. .
21 is not started within one year, then th~~reuse and occup,.,~dof the structure shall conform
22 to all the regulations of the district in w~ ~h Ahe use is loca
23 D. Structures or lands which are nonconformrng:as to use t~)91"tions shall not be
24 enlarged or intensified in any manner unless the ement~ ithin such structures or
25 lands conforms to all regulations of the dis~~ict m.,~+iih ocated. A nonconforming use,
26 within a nonconformmg shall not expand into ~ portion of the nonconforming
27 structure.
28 E. Structures wh* non rming as ta pe centage of site coverage, setbacks,
29 building height or ensifiy~hall nf be enlarged 4tiless such enlargement conforms to the
30 regulations of the district ir~~rt~i ocated
31 F. Nonco f~r~t~'esidentr~t ~tructures are allowed to provide maintenance, alterations
32 and addis whicti rr'tay;excekkthe requirements of this chapter, provided the total
33 numb dwelling urnts ,,es not 1ncrease and all other development standards of the
34 distri' mplied with.°~
35 G. This ter shall not A, vent the following provided the total value of the
36 improvement~* er the lifetirne of the nonconforming use, does not exceed 50 percent of
~
37 the assessed v~ ~.of the nb conforming use as established by the most current county
38 assessor's tax roll,1111~nd, the nonconforming use or structure is not expanded except as
39 allowed by subsectiori~H"of this section; provided further, that any replacement of a
40 nonconforming structor parts thereof, must comply with the appropriate development
41 standards unless a special exception is granted pursuant to ACC 18.70.020.
42 1. Strengthening or restoring to a safe condition any nonconforming structure or
43 part thereof which is declared to be unsafe or a hazard to the public by the order of a city
44 official charged with protecting the public safety;
45 2. Lessening a hazardous situation, nuisance or other adverse environmental
46 impact;
47 3. Bringing the structure or use into more conformance with this title;
48 4. Adapting the structure to new technologies or equipment;
49 5. Improvements which do not increase the intensity of the nonconforming use.
Draft amendments, Administrative and Conditional Uses Page 26 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 H. A nonresidential structure or use which becomes a legal nonconforming structure or
2 use after the effective date of the ordinance codified in this title may be permitted by
3 means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020
4 to expand the existing use or structure up to 25 percent of the use or structure existing at
S the time of the adoption of the ordinance codified in this title; provided further, that the
6 addition otherwise meets the standards of this title and other requirements of the city.
7 This section does not allow the expansion of a use or structure which would be
8 ~ inconsistent with a previously authorized administrative use permit, conditional use permit,
9 special property use permit, contract rezone, or binding agreement between the city and
10 the property owner.
11 This section also does not allow the expansion of any nonconfor.aming hazardous
12 material storage. .
13 I. When a building or structure is moved to another locatio '#'must then be made to
14 conform to the requirements of the district to which it is mo (ess specifcally allowed
15 elsewhere by this title. y ~
~
16 J. Nonconforming single-family residential homes and ttibir accesg* structures may be
17 replaced and the new structure shall either meet the development stanoards of the district
18 in which the home is located or the new structure shall not be more nonconforming than
19 the previous use. All other applicable building:;~nd fire code requirements mir"e
20 complied with. (Ord. 5170 § 1, 1998; Ord. 4705 § 2, 1994,,rd==:4304 § 1(43);` 1988; Ord.
21 4229 § 2, 1987.) 22
23 Chapter 18.64
24 ADMINISTRATIVE AND
25 CONDITIONAL USE P
~
26 18.64.010 Intent. ; y,~
27 A. It is the intent'`of ap te~o provide #eFtocess to allow for uses that are not
28 permitted outright wi~ ~
ch u*s typically require a special degree of
29 control to mak ~tf"e that the=usesthev ar&.tphsistent with the intent of the zone and
30 compatiblp teer existind permitted uses within the zon
31 l1y thool;~`uses listed as requiring either an administrative or
32 conditianAl~ase permit; witt"irl a partitular zone; qualify for this process. The planning
33 director or ~6'li~ q~~may de~~ermine that other similar uses; which are not listed; may also
34 qualify for this-
~cess. Thi~trocess shall +s-not te~-replace the variance procedure in
35 Chaater 18.70 ~y G..or be u~d to permit uses that are prohibited net-allowe-I-within the
36 zone. (Ord. 4840 §'1, 1996;"brd. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 37 B. Uses subject to administrative use approval are those which tvpicallv have some
38 potential for impacts to neighboring proQerties, but which may be permitted within a zone
39 followin4 review by the City to establish conditions mitigating impacts of the use and to
40 assure compatibility with other uses in the zone.
41 C. Uses subiect to conditional use aqqroval are those uses that tvpically have a qreater
42 intensity and/orpotential for impacts to surrounding properties, and/or special
43 characteristics that may not generally be appropriate as a use permitted outriaht within a
44 zone, but may be permitted subiect to review by the hearinq examiner to establish
45 conditions to protect public health, safety and welfare, and to assure compatibility with
46 other uses in the zone.
47
Draft amendments, Administrative and Conditional Uses Page 27 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 ,
2 , .
3 , , . Thes
4 .
5 (GFd. , 19 ; Gird. , 1995; QFd. ,
6 18.64.020 Process.
7 A. .
8 18.66 .
9 .
. 10 BA. Administrative Use Permits. An application for an administrative use permit shall be
11 reviewed in accordance with ACC Title 14 as a Type II decision. ~'~''3ect to the additional
^~,oeFtaffi^ uc°c whCnh req,.,,-e s„F.,e .o.,,o,.,
12 provisions of this section. +s a-PFesess-t^
o-~.'Q:r
13 .
~ 14
15
16 ~ .
17 4-.The planning director or designee shall " make the.firtal decision
18 unless the_application is forwarded to the hearinq ~examiner'Ibursuant to ACC
19 18.64.020(A)(2),, in which case the hearina examin~-~r"irvill rnA44he final decision.
20 .
21 .
22 .
.
23 31. Additional 12ublic notice re uiremehts.,Administra .~9~ ermits for uses in
24 the followinq zones shall be subject to the,additlon4Dublic not. e re4uirements in
25 ara ra hs a and b of this subsection: R C%Resid~n~'r~~at:srvanc Zone C-N
26 Neighborhood Shopping D[sfC-1 Liqht Cammercial Cli' ~rict. G2 Neighborhood
27 Business District: C-3 Heavy Cor~mercial District. M-1 Light Manufacturing District. M-2
28 Heavy Manufacturing District. BP Business Park District:
29 a. . .
30 pFev+dedThe mailin radius re urreme -t?4of4CC 14.07.040 a shall be increased to 500
31 feet: and , M 411
32 b. In additio~ the~~thods of rovidin notice re uired b ACC 14.07.040
33 ublic nofice shall be Affiftd on t~e,. . i%s website.
34 " 2. Tollowin the ' ic comrnent eriod rovided for in Title 14 the lannin
35 director or desi4nee shall:
36 a.^ .f~eview the ir~~6rmation in the record and render a decision ursuant to the
37 e& dural r."Uirements of ACC Title 14; or
38 b. Wit ;,O:d~° s followin the close of the ublic comment eriod forward
39 the ap tion to the hearing examiner for a public hearing and fnal
40 decisi~n in accordance with Chapter 18.66 ACC if the planninq director or
41 desiQnee determines that one or more of the followina exists:
42 a. Public comments indicate a substantial degree of concern,
43 controversy, or opposition to the proposal; or
44 b. A public hearinq is necessary to address issues of vapue,
45 conflictinq, or inadequate information: or
46 c. The application raises a sensitive or controversial public
47 policy issue; or
48 d. A public hearing might clarify issues involved in the permit
49 decision.
Draft amendments, Administrative and Conditional Uses Page 28 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 c. When a public hearing before the hearinq examiner is deemed necessary
2 by the plannina director or desiqnee:
, 3 i. The city shall provide written notice to the applicant within 10 days
4 followinq the closing of the public comment period that the
5 application is beinq forwarded to the hearing examiner for public
6 hearina and decision pursuant to the procedural requirements of this
7 chapter. The notice shall specifv the reason the application is beinq
8 forwarded to the hearina examiner;
9 ii. Processina of the application shall not proceed until any
10 supplemental permit review fees set forth in the City of Auburn fee
11 schedule are received: and
12 iii. The application shall be deemed withdrawn if the supplemental fees
13 are not received within 30 days of the applicant notification by the
14
15 B. Conditional Use Permits. An application for a conditional use O-ermit shall be reviewed
16 in accordance with ACC Title 14 as a Type III decision A reauest for,a conditional use
17 permit shall be heard by the hearina examiner in accordance with the provisions of
18 Chapter 18.66 ACC. The hearing examiner shall make thefinal decision.
19 . ' .
20 y~ ~ .
21 . , The 22 . 4,:.
,
~
23 . "
'
24
25
26 . . . .
2/
28 C. When a ro osa Jr~cludes~'~re than one;glement that re uire administrative use
29 and/or conditional , approval~ he following review processes shall apply:
30 1. For ro osalM1#h muffi" le administrause elements a sin le administrative
31 use permit apqlication wilf%' ,Te-`" rovidedlhat findings of fact pursuant to ACC
32 18.64.040 are- °Alb'de%for each;element.'
33 2.+6r ro o~' . ith af~rtiinistrative and conditional use elements a sin le
34 condit~onal use ermit ~Y icationMhb#re uired rovided that findin s of fact ursuant
35 to ACC '(8A4.040 are ma& ~or ea lement.
36
37 (Ord. 6185 §~~~~008; Ord 5811 § 6, 2003; Ord. 4875 § 1, 1996; Ord. 4840 § 1, 1996;
38 Ord. 4304 § 1(Ord. 4229 § 2, 1987.)
39 18.64.030 Applicatia~~.
40 A. In addition to the requirements for a complete application as set forth in ACC Title 14,
41 an application for an administrative or conditional use
42 permit w#ish-shall include the following:
43 1. A completed permit application form signed by the propertv owner(s) and/or
44 apqlicant;
45 2. A statement that the applicant attests by written oath to the accuracy and
46 completeness of all information submitted for an application;
47 3. A site plan meeting the requirements of the applicable submittal checklist, which
48 at a minimum includes the information in ACC 18.64.035:
Draft amendments, Administrative and Conditional Uses Page 29 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 4. Applicable filinq fee(s), if any, as established in the current citv of Auburn fee
2 schedule and relevant deposit(s), if any, as permitted or required by other chapters or
3 sections of the Auburn City Code;
4 5. Any additional information as required by the applicable submittal checklist or
5 other chapters of this title for the qroposed use.
6 1 -,dosinity rnap;
7 2-Na+n , addFess, ,,,.,.,o.,
8 . Narne, addFess, ;
9 . ;
10 . ;
11 . Easements, ;
12 . \ ,
13 ~ iRGIuding • , ;
14 . •
,
15 10. • 16 11. ; ~
17 12. Landseape i ;
18 13. . . . . . .
.
19 B.
20 . `y „
21 ;
22 .
23 18.64.035 Site Plan.
24 A. ~The site plan required by ACC 1 !4% (3) shall include the following
25 information: '0F
26 1. Vicinity mae,, .6%~~~~
27 2. Name addre ha umber of &o ertowner
28 3. Name a d: s honi : umber of enYi` ineer or a ent•
29 4. Boundaries a imen ~ ons of proqe
30 5. Adjacent pubhc sts ~ , ~
31 6 Eas~: €~~.s~ existind;and pro~0i
32 7 L~cation ar~~ize of alI txistinq and proposed utilities;
.
33 ocation of b., ~r~din s 166udin setbacks•
34 cation and la"` & of off itreet arkin •
35 10155b tion and hett~ht of fences
36 11. Lffi°tion and siz6~','bf siqns;
37 12. Landstape detail includinq but not limited to type and location of ve4etation.
38 initial and mature plin#inq sizes and methods of irri atq ion:
~
39 13. Buildinq/s~r~uefure heiahts;
40 14. Exterior licthtinq detail including but not limited type and location of pole-
41 mounted and wall-mounted liphts, fixture tvpe and wattage, shieldina and liqht orientation
42 methods and on-site and off-site qhotometric impacts.
43 B. The submitted site plan shall be adopted and made part of any approved
44 administrative or conditional use #ie-permit. Sabsequent-For the duration of anv
45 administrative or conditional use permit, subsepuent building permits and construction
46 activity shall be in accord with the approved site plan.
47 C. Adjustments to the site plan may be approved as follows:
48 1. Minor Adjustments. Minor adjustments to the site plan may be made and
49 approved by the planning director or designee. Minor adjustments are those which may
50 affect the precise dimensions or siting of buildings, but which do not affect the basic
Draft amendments, Administrative and Conditional Uses Page 30 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 character or arrangement of buildings approved, nor the development coverage of the
2 development or the open space requirements. Such dimensional adjustments shall not
3 I vary more than 10 percent from the original.
4
5 2. Major Adjustments. Major adjustments are those, when determined by the
6 I planning director or designee, that substantially change the basic design, coverage, open
7 space or other requirements of the permit. When the planning director or designee
8 determines a change constitutes a major adjustment, no building or other permit shall be
9 issued for the use without prior review and approval by +ho hearinn ov.~miner ..f such
10 adjustment.
11 a. The submittal reauirements, and review and approvalprocess for a major
12 adjustment to the site plan of an apqroved administrative or conditional use permit shall be
13 substantially the same as that required for the original administrative or conditional use
14 permit. An application for major adjustment meetinq the information requirements of ACC
15 18.64.030 shall be submitted. At the discretion of the planninq director or desianee, the
16 applicant mav be able to resubmit or incorporate by reference some pr~rtions of the
17 oriainal administrative or conditional use permit subal`'as part of the application for
18 maior adiustment, however the application for malor adjustment shall be subject.xo the
19 same submittal. processing, and fndings of fact ~'~~ruirements of this chapter 6r
20 administrative or conditional use permits, as app ftle.
21 _40rd. 6185 § 6, 2008; Ord. 4840 § 1, 1996, .Qi'd. 4229 § 2, 1987.)
22 18.64.040 Findings of fact.
23 Administrative and conditional use perrnitO only be appr0y&d if findings of fact are
24 drawn to support the following:
25 A. The use will not have fle-merea substantiv~ly aer adverse effect on the health,
26 ~ safety or comfort of persc~~°~t0r~g or working ,in"the area~nd will not be ne-substantivelv
27 more injurious, econo,rcally oC' otherwise, to property or improvements in the surrounding
28 ~ area than would ar~~~~~generally permitted in the district.
29 Among matters to be ~nsidereti are traffic flQw and control, access to and circulation
30 within the pro pert , off-st~~~ ~cing pf d loading, refuse and service area, utilities,
31 screening and ards and`~~~r open spaces, height, bulk, and location of
32 structures,location ~ ose n space uses, hours and manner of operation, and
33 noise,,;lights, dust, odor~, ~ es an ~~bration;
34 BThe-~~osal is in adance ~~th the goals, policies and objectives of the
35 comprehens~re plan; a~,.
r,
36 C. The pro, ~sa.l complies"with all requirements of this title;
n b
e nstructed and maintained so as to be harmonious and
37 D. The proposil X
38 appropriate in des! h;at'ter, and appearance with the existing or intended character
39 of the general vicini
40 ~ E. The proposal wilt"be supported by adequate public facilities and services and will not
41 adversely affect the public infrastructure;
42 F. The proposal will not cause or create a public nuisancei7
43 G. The proposal's impacts can be appropriately mitiaated throuqh the application of
44 conditions of approval, as applicable.
45 40rd. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)
46 18.64.050 Conditions and period of approval.
47 A. In order to mitigate any significant adverse impact or support a finding of fact or
48 prevent and abate public nuisances associated with the proposal, conditions may be
Draft amendments, Administrative and Conditional Uses Page 31 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 imposed which could increase requirements in the standards, criteria, or regulations of this
2 title or other ciry legislation or adopted policies.
3 B. Administrative or conditional use permit approvals shall be valid for the specific use
4 authorized on a property, subject to the revocation provisions of ACC 18.64.070. A chanqe
5 in use shall cause the administrative or conditional use aermit to automaticallv expire.
6 C. Administrative or conditional use permit approvals, or the portions thereof, that
7 authorize hours of oqeration shall be valid for the specific use and hours of operation
8 authorized on a property, subject to the revocation provisions of ACC 18.64.070. A change
9 in use or hours of operation outside that authorized by the administrative or conditional
10 use permit shall cause the permit to automatically exqire. (Ord. 4840 § 1, 1996; Ord. 4773
11 § 1, 1995; Ord. 4229 § 2, 1987.)
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Draft amendments, Administrative and Conditional Uses Page 32 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 18.64.055 Aapeals.
2 A. Administrative use permits. Any affected qarty may appeal the qlanninp director's final
3 decision to the hearing examiner as provided for in ACC 14.13 and ACC 18.70. If the
4 planning director forwards an application to the hearing examiner for a public hearinq and
5 decision pursuant to ACC 18.64.020(A)(2)(b), a request for reconsideration and/or appeal
6 of the hearinq examiner's final decision may be submitted as provided for in ACC 18.66.
7 The planning director's decision to forward an application to the hearinq examiner for
8 public hearinq and decision may not be appealed.
9 B. Conditional use permits. Any affected party may submit a repuest for reconsideration
10 and/or appeal the hearing examiner's final decision as provided for in ACC 18.66.
11 18.64.060 Time limitations.
12 A. Unless specified elsewhere, an administrative or conditional use permit shall be
13 implemented within two years of the approval. If a building~permit dr. occupancy permit is
14 reQUired for the administrative or conditional use and has rioi been is~Ekfidm% within the finro-
15 year period then the administrative or conditional use permit shall be d void.
16 B. The planning director or designee may arant one extension of the IDer iod for
17 implementation of the administrative or conditionalliuse permit of up to 12 rr»di~s following
18 the submittal of a written request by the holder of iY'ermit ~!33inimum of thhtty (30)
19 calendar da s rior to the ex iration date of the erm~~ ~rd 4840 § 1, 1996; Ord. 4229 §
20 2, 1987.)
21 18.64.070 Revocation of permit. V,
22 ~ The bu+Id+ng-e#+siaplanninq director or esi ' ~~~r revoke or suspend any permit
23 granted under the chapter if any of the folli~rm r~ r~sjs~found to exist:
24 A. Fraud in obtaining it;
25 B. Concealment or ~ rep tation of a y ~material fact on the application or on any
26 subsequent applicativny~,or repa ~ y
27 C. The operation is f~~~ to be~n violation of%t~~ approved plans, conditions of
28 approvals, or the terms oe pai 'O #he owner has failed to correct the violation after
29 proper notice:~e~-eof. (Ord. 4840 § ~~d. 4229 § 2, 1987.)
30
~
. ~ ~
31 Chapter
32 VARIANCE PECIAL EXdEPTIONS, AND ADMINISTRATIVE APPEALS
33 18.70.010 VarianceO.
34 A. Subject to concli~~safeguards and procedures provided by this title, the hearing
35 examiner may be emp~wered to hear and decide applications for variances from the terms
36 of this title; provided the hearing examiner may approve a variance only if the request
37 conforms to all of the following criteria. The examiner must enter findings of fact and
38 conclusions of law which support the following criteria and any conditions:
39 1. That there are unique physical conditions including narrowness or shallowness
40 of lot size or shape, or exceptional topographical or other physical conditions peculiar to
41 and inherent in the particular lot; and that, as a result of such unique physical conditions,
42 practical difficulties or unnecessary hardships arise in complying with provisions of this
43 title.
Draft amendments, Administrative and Conditional Uses Page 33 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 2. That, because of such physical conditions, the development of the lot in strict
2 conformity with the provisions of this title will not allow a reasonable and harmonious use
3 of such lot.
4 3. That the variance, if granted, will not alter the character of the neighborhood, or
5 be detrimental to surrounding properties in which the lot is located. For nonconforming
6 single-family homes, this finding is determined to be met if the features of the proposed
7 variance are consistent with other comparable features within 500 feet of the proposal.
8 4. That the special circumstances and conditions associated with the variance are
9 not a result of the actions of the applicant or previous owners.
10 5. Literal interpretation of the provisions of this title would deprive the applicant of
11 rights commonly enjoyed by other properties in the same zoning district.
12 6. The approval of the variance will be consistent with the; purpose of this title and
13 the zoning district in which the property is located.
14 7. The variance will not allow an increase in the nurnber<of dwelling units permitted
15 by the zoning district.
16 8. The authorization of such variance will not adversely affect the comprehensive
:
17 plan.
18 9. The variance shall not allow a land usei~ihich is not permitted t~nder the zoning
19 district in which the property is located.
20 10. The va(ance shall not change any regu%Wsor"~onditions estakilished by
21 ~ surface mining permits, administrative use permits, candi~yonal use permits or contract
22 rezones authorized by the city council.. ~
23 B. In authorization of a variance, the hearing examiner ttach thereto such
24 conditions regarding the location, character and other feature he proposed structure
25 or use as he may deem necessary to carry out th\~~~irJt and p= pose of this title and in the
26 public interest. ~ IF
27 C. A variance so authQr;~Zedjshall becom6::uoid after the expiration of one year, or longer
28 period if specified at the~~ime o~;suance, if nc~ building permit, occupancy permit or
29 business registratian has,been i5~ued in accordance with the plans for which such
30 variance was authorized~~~~he he~t'ing examinera~y extend the period of variance
31 authorization for o~ne addifi ~"Lar_~i#t~~~t p~blic hearing upon a fnding that there has
32 been no basic s~qfJg~~n pe t condltirrounding the property at the time of the
33 original applicationj,~'~ 4840~~ -.1996; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
M~~a
34 18.70.OZU1-Special excepos. ~ 35 A. Only the following spe~; , I exc~ptions may be granted by the hearing examiner after a
36 public hearing eld pursu t to ACC 18.70.040:
37 1. Platted withi ` e same block and same zone, but separated by a public
38 alley, may be use E le building site for the purpose of calculating the number of
39 dwelling units per~a structure to be erected on one side of the alley, subject to the
40 following requirements:
41 a. Each portion of the property shall abut a minimum of 100 feet upon the
42 alley.
43 b. The two portions of the property shall be directly opposite for a distance
44 representing at least 50 percent of the width of the portion of the property not to be
45 occupied by the proposed building.
46 c. The portion of the property not occupied by the building shall not be sold,
47 segregated or used for building purposes so long as the building remains on the portion of
48 property on the opposite side of the alley.
49 2. Whenever there is a change from a residential use to a nonresidential use in an
SO existing building a special exception may be issued to exclude the floor area within the
Draft amendments, Administrative and Conditional Uses Page 34 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 building, that cannot be effectively utilized by the proposed use, from the off-street parking
2 requirements.
3 3. A nonresidential structure or use which becomes a legal nonconforming
4 structure or use after the effective date of the ordinance codified in this title may be
5 permitted, by means of a special exception, to expand the existing use or structure up to
6 25 percent of the use or structure existing at the time of the adoption of this title; provided
7 further, that the addition otherwise meets the standards of this title and other requirements
8 of the city.
9 This section does not allow the expansion of a use or structure which would be
10 ~ inconsistent with a previously authorized administrative use permit. conditional use permit,
11 special property use permit, contract rezone, or binding agreement~ between the city and
12 the property owner. This section also does not allow the expans ,'n" 6f any nonconforming
13 hazardous material storage.
14 4. Pursuant to ACC 18.54.060(G), a special exceptio~i y be issued for the
15 replacement of a nonconforming structure or part thereofWhich dcap"",ot comply with the
16 appropriate development standards. z,
17 5. Pursuant to ACC 18.54.070(B), a special exception may be `iftOed for residential
18 uses, in commercial or industrial zones, to reoccwpy if unoccupied for longwhan 180
19 days. 20 B. In considering applications for special exceptians, th, ~ e~~i~6ring examine= shall
,
21 consider the nature and condition of all adjacent uses ' Jnt~structures, and no such special
22 exception shall be authorized by the hearing examiner 6ihless the hearing examiner finds
23 that the authorizing of such special ex8fton will not be m4terially detrimental to the
24 public welfare or injurious to property in ttaze" zane.,or vicinity in whith the property is
25 located, and that the authorization of such ~pecW,tion will'"be consistent with the
26 spirit and purpose of this title In authonzing„a spedaif-exc',o~tit~n, the hearing examiner
27 may impose such requirer~j6nts and conditions`vvith respto location, installation,
28 construction, maintenance ant~~ eration and~extent of open spaces in addition to those
29 expressly set forthir~~#hts, title as ~ay be deem6 necessary for the protection of other
30 properties in the zone orinitynd the public i erest. (Ord. 4840 § 1, 1996; Ord. 4229 §
31 2, 1987 ) ~
e y ~ ~
, r~~ M
32
33 Cha6
34 PLANNET 35 DEVELOPME DISTRICT (PUD) - LAKELAND HILLS SOUTH
3"\
36 18.76.040 Perm 1~d uses.
37 A. Residential.
38 1. Housing concepts of all types limited only by the density allowed in the official
39 Lakeland plan map. Examples include the following:
40 ( a. Single-family detached homesj-.
41 b. Condominiums, apartments, and townhousesi.-
42 c. Customary accessory uses and structures common to single-family homes
43 ~ or multifamily dwellings;.-
44 d. Home occupations authorized by and subject to the standards of Chapter
45 ~ 18.60 ACCi7
46 e. Storage or parking of recreational vehicles for residents of the individual
47 ~ development;.-
Draft amendments, Administrative and Conditional Uses Page 35 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009
1 f. Nonresidential or municipal uses such as schools, churches, libraries,
2 police, parks or fire facilities as authorized in the PUD;7
3 g. Home-based daycare;.-
4 h. Community centers/recreation facilitiesi.-
5 i. Senior housing and services.
6 2. Parks.
7 B. Nonresidential. Uses permitted outright by Chapter 18.26 ACC as authorized in the
8 development plan, except those uses requiring an eenditienal administrative use
9 permit under subsection C of this section. (Ord. 5777 § 1. 2003: Ord. 5092 § 1. 1998.k
10
11 18.76.045 Uses reauirinq an administrative use permit.
12 A. The followinq uses may be permitted throuqhout the PUD as-specifically authorized
13 by the development plan and when an administrative use permit has been issued pursuant
14 to the provisions of Chapter 18.64 ACC .
15 .
16 , ' g: ~
17 1. Civic, social and fraternal clubsi.- 18 2. Mini-daycare and daycare centersi '
,
19 3. Preschools or nursery schools,.-
20 4. Religious institutions;.-
21 5. Utility substations".- 22 6. Municipal Services;.- ,
x .y
23 a. Police;
24 b. Fire;
25 c. Library. ~26 SB. The followin4 uses may be permitte °^-°++ed in areas of the
27 PUD with a comprehens' esignatiori;qf~Light C~mercial"
28 18. as sp, ical thorized by ~e development plan and when an
29 administrative use eiMit has be'fi issued ur~taant to the rovisions of Cha ter 18.64
30 ACC-
,4i~~:
31 1 Automobile serv~ s#~~~
32 2 Drive tF~ faci~if[eS, includrn~~banks and restaurants".-
~ 6092
33 3 di-ewpub • .
;
34
~ ,
35 Chapter 18.'f~,,,
36 TERRACE VIEW s\/) DIS RICT
37 18.78.020 Permitted~ses.
38 The permitted usesallowed in the Terrace View zoning district will be those as allowed
39 within Chapter 18.30 ACC, C-3 Heavy Commercial District, as may be amended. The
40 process to allow any use on the Terrace View property shall be as required by this title
41 with the exception that apartments/multifamily units will be considered an outright
42 I permitted use and will not require an administrative seadit+enal-use permit. (Ord. 5377 § 2,
43 2000.)
44
Draft amendments, Administrative and Conditional Uses Page 36 of 36
As Recommended by Planning Commission on 9/9/2009
Revised September 10, 2009