HomeMy WebLinkAboutITEM VIII-A-3A CITY OF ~
V '~l \
WASH[NGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6269 - Administrative Use
Date: September 30, 2009
Permit/Conditional Use Permit Amendments
Department:
Attachments: Ordinance No. 6269
Budget Impact: N/A
Plannin , Buildin & Communit
Administrative Recommendation:
Cit Council introduce and ado t Ordinance No. 6269.
Background Summary:
Chapter 18.64 (Administrative and Conditional Use Permits) of the Auburn City Code contains regulations
and standards for the allowance and processing of administrative use permits and conditional use permits,
where applicable, in the City of Auburn. The Auburn City Council has previously passed ordinances
establishing and amending Chapter 18.64 inclusive of Ordinance No. 4229 in 1987, Ordinance No. 4304 in
1988, Ordinance No. 4773 in 1995, Ordinance No. 4840 in 1996, Ordinance No. 4875 in 1996, Ordinance
No. 5811 in 2003 and Ordinance No. 6185 in 2008. Beginning in September 2008 and at the direction of the
Auburn City Council, Planning, Building & Community Department staff has been conducting a
comprehensive update of Title 18 (Zoning) of the Auburn City Code. In June 2009, the Auburn City Council
passed Ordinance No. 6245 updating the residential portions of Titie 18 (Zoning) that, among other things,
addressed the current permitted use, conditional use and prohibited use nature of different land uses within
the City's residential zoning designations. The Planning and Community Development Committee of the
Auburn City Council has previously requested the Planning Commission and staff to prepare substantive
amendments to Chapter 18.64 to clarify and update the regulations for administrative use permits and
conditional use permits. The Committee further requested the Planning Commission and staff conduct the
required public hearing (s) on these amendments and forward the Commission's recommendation to the
Auburn City Council for potential ordinance action.
Planning, Building and Community Department staff met in duly advertised joint meetings with the City of
Auburn Planning and Community Development Committee and the Planning Commission on August 4, 2009
and August 11, 2009 to discuss issues and ideas for possible amendments to Chapter 18.64. During these
discussions, staff identified and presented information on the need to update the administrative and
conditional use nature of all land uses within the City's zoning districts. Planning staff have researched other
jurisdictions, analyzed policy options and incorporated, where appropriate, the Committee's and the
Commission's input, in the development of the proposed amendments contained herein.
The Planning Commission conducted a duly advertised public hearing on September 9, 2009 for the
proposed amendments. Foilowing the close of the public hearing and the Commission's deliberation, the
Planning Commission recommended approval of the amendments to the Auburn City Council. The Planning
and Community Development Committee reviewed the Commission's recommended at its regularly
scheduled September 14, 2009 meeting and requested staff make one modification to the proposed
amendments. The Planning and Community Development Committee, on an action motion, recommended
approval of Ordinance No. 6269 to the Auburn City Council, at its regularly scheduled September 28, 2009
meeting. Ordinance No. 6269 is scheduled for review by the Public Works and Finance Committee and for
possible City Council adoption on Monday, October 5, 2009. L1005-6 03.4.2.1.2
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission
COUNCIL COMMITTEES:
❑ Building
❑
M&O
❑ Airport
0 Finance
❑ Cemetery
❑
Mayor
❑ Hearing Examiner
❑ Municipal Serv.
❑ Finance
❑
Parks
❑ Human Services
~ Planning & CD
❑ Fire
0
Planning
❑ Park Board
SPublic Works
ED Legal
❑
Police
Z Planning Comm.
❑ Other
❑ Public Works
❑
Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Baker
Meetina Date: October 5, 2009 Item Number: VIII.A.3
A1 TRI TR I\T * MOKE THAN YO[J IMAGINED
ORDINANCE NO. 6 2 6 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 18.02.120,
18.04.752, 18.07.020,
18.09.020, 18.22.020, 18.22.030,
18.24.030, 18.26.020,
18.26.030, 18.28.020, 18.28.030,
18.29.055, 18.30.030,
18.32.020, 18.32.040, 18.33.030,
18.33.050, 18.34.040,
18.44.030, 18.50.050, 18.54.060,
CHAPTER 18.64 OF
THE AUBURN CITY CODE, AND
SECTIONS 18.70.010,
18.70.020, 18.76.040, 18.78.020 OF
THE AUBURN CITY CODE, AND CREATING NEW SECTIONS
18.04.025, 18.22.025,
18.24.025, 18.26.025, 18.28.025,
18.29.053; 18.30.025,
18.32.030, 18.34.030, 18.44.025, AND
18.76.045, ALL RELATING TO LAND USE PERMITS
WHEREAS, Chapter 18.64 of the auburn City Code (ACC) sets forth the process
under which the City grants administrative use and conditional use permits under ACC
Title 18, Zoning; and
WHEREAS, there are very few uses in the current version of ACC Title 18 for
which the City issues administrative use permits, with almost all uses not permitted
outright in Title 18 being reviewed under the conditional use permit process; and
WHEREAS, under the current code, conditional use permits must be granted by
the City's Hearing Examiner, while administrative use permits are granted by the
Planning Director; and
WHEREAS, the City Council finds that the City's land use decision making
processes should be revised so that minor issues are determined in relatively quick
administrative processes and major issues are thoroughly assessed and are subject to
the full public scrutiny of the Hearing Examiner process; and
Ordinance No. 6269
September 25, 2009
Page 1 of 41
WHEREAS, the Planning Commission, with the assistance of City staff, has been
conducting a review of ACC Title 18, and has forwarded recommendations for changes
to various chapters of that title to the City Council; and
WHEREAS, as part of that review process, the Planning and Community
Development Committee of the Auburn City Council had requested that the Planning
Commission and City staff prepare amendments to Chapter 18.64 ACC for Council
consideration; and
WHEREAS, Planning, Building and Community Department staff inet in duly
advertised meetings with the City of Auburn Planning and Community Development
Committee and the Planning Commission on August 4, 2009 and August 11, 2009 to
discuss issues and ideas for possible amendments to ACC Chapter 18.64; and
WHEREAS, the Planning Commission held a duly advertised public hearing on
September 9, 2009 on the amendments to possible amendments to Chapter 18.64 and
to those portions of Title 18 ACC relating to Chapter 18.64; and
WHEREAS, pursuant to RCW 36.70A.106, the amendments set forth in this
Ordinance were sent to the Growth Management Services Division of the Washington
Department of Commerce on September 4, 2009 for a 14-day expedited review request;
and
WHEREAS, a Determination of Non-Significance has been issued for the
amendments to Chapter 18.64 and to those portions of Title 18 relating to Chapter
18.64 set forth in this Ordinance on September 9, 2009 ; and
WHEREAS, the City Council finds that the amendments to Chapter 18.64 and to
those portions of Title 18 ACC relating to Chapter 18.64 set forth in this Ordinance
Ordinance No. 6269
September 25, 2009
Page 2 of 41
provide for a decision making processes which relates the significance of the policy
issue involved to the level of City review,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That Section 18.02.120 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.02.120 Permitted land uses established.
A. Categories of Uses Established. Chapters 18.07 through 18.44 ACC
establish permitted, administrative, conditional, and prohibited uses, by zone, for
all properties within the Auburn city limits. All principal uses in a given zone are
one of three-faur types:
1. Permitted use (see ACC 18.04.696);
2. Administrative use (see ACC 18.04.025);
23. Conditional use (see ACC 18.04.260);
34. Prohibited use (see ACC 18.04.752).
Uses which are incidental and customary to a principal use may be considered
an accessory use as defined in ACC 18.04.020.
Uses not specifically identified as principal uses or determined to be an
accessory use shall be classified utilizing the procedures outlined in subsection
(C)(6) of this section.
B. Zoning Use Tables Established for Residential Zones. The zone use tables
in ACC 18.07.020 and 18.09.020 establish whether a specific use is permitted in
a zone and whether the use is allowed as a permitted, administrative, conditional,
or prohibited use. The zone is located on the horizontal row and the specific use
is located on the vertical column of these tables.
C. Interpretation of Zone Use Tables.
1. Legend. The following letters have the following meanings when they
appear in the box at the intersection of the column and the row on the zone use
tables:
Symbol
Description
P
Permitted Use
A
Administrative Use
C
Conditional Use
X
Prohibited Use
2. Other Requirements Applicable. The above uses are subject to the
other application requirements, citywide property development standards, and
applicable overlay district regulations specified in the zoning code, the project
review procedures specified in ACC Title 14, the building and construction
standards of ACC Title 15, the environmental review procedures and regulations
specified in ACC Title 16, and the regulations for the division of land in ACC Title
17.
Ordinance No. 6269
September 25, 2009
Page 3 of 41
3. Additional Use-Related Conditions. If a number also appears at the
intersection of the column and the row, the use is also subject to the additional
requirements as listed in the corresponding endnote immediately following the
use table in the specified code chapter. All applicable requirements shall govern
a use whether specifically identified in the zone chapter or not.
4. Accessory Use Interpretation. The planning director or designee may
determine if a use that is not specifically described as accessory, is permitted as
an accessory to a principal use in a zone. Upon inquiry by an applicant, an
administrative interpretation shall be made by the planning director or designee
to determine if a proposed use is allowed as an accessory use within the zone
utilizing the purpose and intent of the zone, comprehensive plan policy guidance,
and the definition of accessory use contained in Chapter 18.04 ACC.
5. Prohibited Uses. If an "X" appears in the box at the intersection of the
column and the row, the use is prohibited in that zone. Similarly, if a use is listed
in one zone use table but not another zone use table, it shall be considered
prohibited in the zone use table in which it is not listed. For example, a use listed
in the industrial zone use table of Chapter 18.16 ACC, but not listed in the
residential zone use table of Chapter 18.07 ACC, shall be considered prohibited
in the residential zones listed in Chapter 18.07 ACC even though the land use
does not appear with an "X" in the use table.
6. Unclassified Uses. Upon inquiry by an applicant, an administrative
interpretation shall be made by the planning director nr designee to determine if a
proposed use not specifically listed in any zone use table is allowed within a
specific zone utilizing the criteria in this subsection. Should an interpretation be
made that a proposed, unlisted use not be allowed in a specific zone, the
planning director or desi_ nee shall indicate which zones, if any, do permit the
use.
a. Criteria for Unclassified Uses. In order to make a determination
that an unclassified use is permitted, administrativelv permitted, conditionally
permitted, or accessory, the planning director or desiqnee must find that the use
is:
i. In keeping with the intent of the zone, and consistent with
Auburn comprehensive plan policies; and
ii. Similar in nature to, and no more intense than, specifically
listed permitted, conditional or accessory uses; and
iii. Consistent with subsection (C)(4) of this section, if
determined to be permissible as an accessory use. (Ord. 6245 § 2, 2009.)
Section 2. Amendment to Citv Code. That Section 18.04.752 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.04.752 Prohibited use.
"Prohibited use" means any use which is not specifically enumerated or
interpreted by the city as allowable in that zone. Any use not specifically listed as
a permitted, administrative, conditional, or accessory use is prohibited, except
those determined to be unclassified and permitted by the planning director
pursuant to ACC 18.02.120(C)(6). Any prohibited use is illegal. (Ord. 6245 § 3,
2009.)
Ordinance No. 6269
September 25, 2009
Page 4 of 41
Section 3. Amendment to Citv Code. That Section 18.07.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.07.020 Uses.
Table 18.07.020
Permitted Use Table - Residential Zoning Designations
P= Permitted A= Administrative C= Conditional Use X= Not Permitted
Land Uses
Zoning Designations
R-
C
R-
1
R-
5
R-
7
R-
10
R-
16
R-
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
P
P
P
P
P
P
Boardinghouses (with three or more boarders)
X
X
X
X
C
C
C
Duplexes, provided that minimum lot size of zoning designation
is met and subject to compliance with Chapter 18.25 ACC (Infill
Residential Standards)
X
X
SA
P
P
P
X
Foster care homes
CP
GP
SP
SP
GP
GP
GP
Group residence facilities (7 or more residents)
X
X
X
X
C
C
C
Group residence facilities (6 or fewer residents)
P
P
P
P
P
P
P
Keeping household pets
PZ
P3
P3
P3
P3
P3
P3
Multiple-family dwellings
X
X
X
X
CA
P
P
Neighborhood recreational buildings and facilities owned and
managed by the neighborhood homeowners' association
c
A'
0
A'
c
A7
c
A'
G
A'
P
P
Renting of rooms, for lodging purposes only, to accommodate
not more than two persons in addition to the immediate family
P
P
P
P
P
P
P
Residential care facilities including but not limited to assisted
living facilities, convalescent homes, continuing care retirement
facilities
P
P
X
X
GA
P
P
Single-family detached dwellings, new
P
P
P
P
P
P
X
Supportive housing, subject to the provisions of ACC
18.31.160
X
X
X
X
X
P
P
Swimming pools, tennis courts and similar outdoor recreation
uses only accessory to residential or park uses
P
P
P
P
P
P
P
Townhouses (attached)
X
X
X
X
P
P
P
B. Commercial Uses.
Ordinance No. 6269
September 25, 2009
Page 5 of 41
Commercial horse riding and bridie trails
GA
X
X
X
X
X
X
Commercial retail, included as part of mixed-use development
and not a home occupation in compliance with Chapter 18.60
X
X
X
X
GA
SA
GA
ACC
Daycare, limited to a mini daycare center. Daycare center,
preschool or nursery school may also be permitted but must be
X
SA
CA
GA
CA
GA
CA
located on an arterial
Home-based daycare as regulated by RCW 35.63.185 and
P
P
P
P
P
P
P
through receipt of approved city business license
Home occupations subject to compliance with Chapter 18.60 ACC
P
P
P
P
P
P
P
Mixed-use development4
X
X
X
X
SP
P
P
Nursing homes
X
X
X
X
C
C
C
Private country clubs and golf courses, excluding driving ranges
X
X
C
C
xC
X
X
Privately owned and operated parks and playgrounds and not
X
GA
CA
GA
GA
P
P
homeowners' association-owned recreational area
-
-
-
-
Professional offices, included as part of mixed-use
development and not a home occupation in compliance with
X
X
X
X
SA
SA
GA
Chapter 18.60 ACC
C. Resource Uses.
Agricultural type uses are permitted provided they are
incidental and secondary to the single-family use:
Agricultural crops and open field growing (commercial)
P
X
X
X
X
X
X
Barns, silos and related structures
P
X
X
X
X
X
X
GreenhousesCommereiai reenhouses
P
X
X
X
X
X
X
Keeping of livestock (excluding goats and swine), fowl and
rabbits; provided, that there shall not be more than one horse,
cow, donkey or other large animal, or four small animals such
as sheep, or 12 poultry, rabbits, or similar size animals per
P
P
X
X
X
X
X
each acre of enclosed usable pasture or roaming area. This
acreage requirement is in addition to the minimum lot size
requirements of the zone5
Pasturing and grazing
P
X
X
X
X
X
X
Public and private stables
P
X
X
X
X
X
X
Roadside stands, for the sale of agricultural products raised on
the premises. The stand cannot exceed 300 square feet in
P
X
X
X
X
X
X
area and must meet the applicable setback requirements
Fish hatcheries
C
X
X
X
X
X
X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs
X
X
X
X
GA
GA
CA
I Government facilities
XA
CA
CA
C-A
CA
CA
CA
I Hospitals (except animal hospitals)
X
X
X
X
X
xC
C
~ Municipal parks and playgrounds
CA
P
P
P
P
P
P
Ordinance No. 6269
September 25, 2009
Page 6 of 41
Museums
X
X
X
X
GA
SA
GA
Reliqiaus institutions, less than one acre lot size
A
A
A
A
A
A
A
Religious institutions, one acre ar larqer lot size
C
C
C
C
C
C
C
Transmitting towers
C
C
C
C
C
C
C
Type 1-D Wireless Communication Facility (see ACC
18.04.912(J))
P
P
P
P
P
P
P
Utility facilities and substations
C6
Cs
C6
C6
C6
C6
C6
1. An accessory dwelling unit may be permitted with an existing single-family
residence pursuant to ACC 18.31.120.
2. No more than six pets allowed in the RC zone. This limit shall not include
birds, fish or suckling young of pets.
3. No more than four pets allowed in the R1 - R20 zones. This limit shall not
include birds, fish or suckling young of pets.
4. Individual uses that make up a mixed-use development must be permitted
within the zone. If a use making up part of a mixed-use development requires an
administrative or conditional use permit, but mixed--use is--Fermetted, the
individual use must apply for and receive a-the administrative or conditional use
approval, as applicable.
5. Proximity of pasture or livestock roaming area to wells, surface waters, and
aquifer recharge zones is regulated by the King or Pierce County board of health,
and property owners shall comply with the provisions of the King County board of
health code.
6. Excludes all public and private utility facilities addressed under ACC
18.02.040(E).
7. Administrative use permit not required when approved as part of a subdivision
or binding site plan.
(Ord. 6245 § 5, 2009.)
Section 4. Amendment to City Code. That Section 18.09.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.09.020 Uses.
Permitted 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
birds, fish, or suckling young of pets.
P
E
Home-based daycare
P
F
Daycare limited to a mini daycare center, daycare center, or
GA
Ordinance No. 6269
September 25, 2009
Page 7 of 41
I I preschool/nursery school
P = Permitted Use
A= Use may be permitted in district when an administrative use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC.
C= Use may be permitted in district when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC.
X = Prohibited
Also see ACC 18.02.120 for further rules on interpretation. (Ord. 6245 § 6, 2009.)
Section 5. Amendment to City Code. That section 18.22.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.22.020 Permitted uses.
Hereafter all buildings, structures or parcels of land shall only be used for the
following, unless otherwise provided for in this title:
A. Permitted uses in RO designation:
1. Art and photography studios, including accessory sales;
2. Banks and similar financial institutions, excluding drive-in facilities;
3. Computer sales, including service that is incidental and subordinate to
the sales;
4. Duplexes, 3,600 square feet of lot area per dwelling unit is required;
5. Home-based daycare;
6. Multiple-family dwellings; provided, that 2,400 square feet of lot area is
provided for each dwelling unit;
7. Professional offices;
8. Nonresidential multitenant buildings which were constructed prior to
June 15, 1987, the adoption date of Zoning Ordinance No. 4229, and were zoned
C-1, to occupy any tenant space within the building with a use that is permitted
outright within Chapter 18.26 ACC;
9. One detached single-family dwelling not to exceed one single-family
dwelling per lot;
10. Accessory uses to permitted residential uses to include residential
garage, guest cottage, recreation room, tool shed, noncommercial greenhouse
and swimming pool;
11. Keeping of not more than four household pets. This limit shall not
include birds, fish or suckling young of pets-,-
12. Personal service shops.
B. Permitted uses in RO-H designation:
1. Daycare limited to home-based or a mini daycare center;
2. Funeral homes;
3. Hospitals (excluding animal);
4. Medical and dental clinics;
5. Nursing homes;
6. Personal service shops;
7. Pharmacies;
8. Professional offices;
9. Religious institutions;
Ordinance No. 6269
September 25, 2009
Page 8 of 41
10. Noncommercial municipal automobile parking facilitiesi
11. Other retail sa{es of products that support the medical cammunitv.
(Ord. 5733 § 1, 2003; Ord. 4562 § 2(Exh. A), 1992; Ord. 4304 § 1(12), 1988;
Ord. 4284 § 1, 1988; Ord. 4229 § 2, 1987.)
Section 6. Amendment to Citv Code. That section 18.22.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.22.030 Uses requiring a conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. .
• bViG, ;
BayGare limlic.-~ ~-c^v r"'rr-i^rF-QUyG'ure 6~ter, da'~r'r~ar-° Ge1'1T£r, pr".°.~G4iv^^ve.-°s-^vr"-
RtlrsE'Fjf-vG h96I5 ;
. Government ;
d Pli ~rsinn hnrr~os•
. ~
. ;
6-Religious institutions, one acre or iarqer lat size. ;
7. L?octoi iraRtc ovrlurlinn rlrivo_in fanili#inr
r
• DayGare, . i
2. Government faGilitmeG:.
3. Multlfamoly dwelliRg6, pFevided 1,
pOGI'1 l'IIAJeIIIYI!'1 uni4•
)
Dect9uroR}c ovnlurlinn rlrivoin fanilitiac°
• > >
. i . (Ord.
4562 § 2(Exh. A), 1992; Ord. 4229 § 2, 1987.)
Section 7. Amendment to Citv Code. That Section 18.24.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.24.030 Uses requiring a conditional use permit.
The following uses may be permitted in a C-N district where a conditional use
permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
A. . . , ;
B. DayGare, , dayGare ,
sGhaels;
(a Rrivo_ in faGili+ioce inrliirlir.g h-anlrs aRdre.s+.a--,.-E-~t~i
C1 Gnvcrnmant farili+inr~
E. ,
u aanrl limitori }o nri_Promicoc nnrc6imn4inR•
~Religious institutions, one acre or larqer lot size;
mhra t~ 25 snwtY. (Ord. 4229 § 2, 1987.)
Ordinance No. 6269
September 25, 2009
Page 9 of 41
Section 8. Amendment to Citv Code. That section 18.26.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.26.020 Permitted uses.
Hereafter all buildings, structures or parcels of land shall only be used for the
following, unless otherwise provided for in this title:
A. Art, music and photography studios;
B. Automobile parking facilities;
C. Bakery and pastry shops, products made must be sold at retail on
premises;
D. Banking and related financial institutions, excluding drive-in facilities;
E. Bowling alleys;
F. Caretaker apartment;
G. Civic, social and fraternal clubs;
H. Daycare, including home-based, mini daycare, daycare center, preschools
or nursery schools;
1. Delicatessens;
J. Dry cleaning and laundry services;
K. Funeral homes;
L. Grocery stores;
M. Hobby shops;
N. Hospitals, to include small animal, but does not allow outside runs or
kennels;
0. Hotels;
P. Laundry, self service;
Q. Liquor store;
R. Massage parlors;
S. Meeting rooms and/or reception facilities;
T. Motels;
U. Newsstands;
V. News syndicate services;
W. Nursing home;
X. Personal service shops;
Y. Pharmacies;
Z. Printing and publishing;
AA. Professional offices;
BB. Radio and television broadcasting studios;
CC. Retail stores and shops, including department and variety stores which
offer for sale the following, and similar related goods:
1. Antiques,
2. Art supplies,
3. Automobile parts and accessories, excluding service and machine
shops,
4. Baked goods,
5. Beverages,
6. Bicycles,
7. Books and magazines,
8. Candy, nuts, and confectionery,
Ordinance No. 6269
September 25, 2009
Page 10 of 41
9. Clothing,
10. Computers,
11. Dairy products,
12. Dry goods,
13. Flowers and house plants,
14. Fruits and vegetables,
15. Furniture and home furnishings,
16. Hardware, including electrical, heating, plumbing, glass, paint,
wallpaper and related goods,
17. Home garden supplies,
18. Household appliances,
19. Household pets,
20. Housewares,
21. Jewelry and clocks,
22. Meat, fish and poultry, preprocessed,
23. Notions,
24. Office supplies and equipment,
25. Photographic equipment, including finishing,
26. Radio, television, and stereos,
27. Shoes,
28. Sporting goods,
29. Stationery,
30. Toys;
DD. Religious institutions;
EE. Restaurant, including outdoor seating, but excluding drive-in facilities. Sale
of alcoholic beverages is a secondary use and is limited to on-premises
consumption;
FF. Schools, including art, business, barber, beauty, dancing, martial arts and
music;
GG. Secretarial services;
HH. Theaters, except drive-in;
II. Other uses may be permitted by the planning director or designee if the use
is determined to be consistent with the intent of the zone and is of the same
general character of the uses permitted in this section;
JJ. Apartments, within the North Auburn Business Area as established by
Resolution 2283, provided they are located in a multistory building and at least
50 percent of the gross floor area of the ground floor must contain a permitted
use or combination of uses, other than parking, as listed in this section. The
remaining 50 percent (or portion thereofl of the ground floor may be apartments,
conditionally permitted uses, lobby area, recreation, or other uses needed to
maintain the building. There are no minimum lot area per dwelling unit density
calculations to apply to determine the maximum number of dwelling units
allowed; rather, density shall be limited by the application of other required
development regulations to the proposal including, but not limited to, off-street
parking, setbacks, and landscaping;
KK. Mixed Use Development provided that each use is a permitted or
conditional use within the zone;
LL. Multiple family dwellings as part of a mixed use development provided
that compliance to all of the following is demonstrated:
Ordinance No. 6269
September 25, 2009
Page 11 of 41
1. Multiple family dwellings shall only occur concurrent with or subsequent
to the development and construction of non-residential components of the mixed
use development; a4401;
2. Applications for mixed use development inclusive of multiple family
residential dwellings shall include transportation and traffic analyses appropriate
to the type and scale of the proposed development based on the concurrent
determination of the pRlanning 9#ester--director and G+#V-cit rLc"e~engineer.
The Wann+Ng-planninq D+Fes#Gr--directar and G+~~-ci~€~a~~flee~enqineer may
require the analysis to address, including but not limited to, AM or PM traffic
impacts; and/or area circulation planning for motorized and non-motorized modes
of travel and connectivity; and/or Transportation Demand Management (TDM)
strategies;
-aA6;
3. Applications for the mixed use development inclusive of multi-family
residential dwellings shall include written and plan information demonstrating
compliance to applicable design standards for mixed use development contained
in the City of Auburn Multi-Family and Mixed Use Design Standards;
-aPA-;
4. Applications for the mixed use development inclusive of multi-family
residential dwellings shall comply, as applicable, with the neighborhood review
meeting requirements of ACC 18.02.130 (Neighborhood Review Meeting)-i
5. Mixed use development comprised of a maximum of one building on a
development site shall have the entire ground floor comprised of one or more
commercial retail, entertainment or office uses that are permitted outright or
conditionally, provided that uses normal and incidental to the building, including
but not limited to, interior entrance areas, elevators and associated waiting areas,
mechanical rooms, and garbage/recycling areas, may be allowed on the ground
floor, except that non-street frontage vehicle garages located on the ground floor
together with all other normal and incidental uses shall occupy a maximum of 50
percent of the ground floor spaceL.-and
6. Mixed use development that is geographically distributed on a
development site amongst two or more buildings shall have a minimum of fifty
(50) percent of the cumulative building ground floor square footage comprised of
one or more commercial retail, entertainment or office uses that are permitted
outright or conditionally1-
MM. Brew pubs;
NN. Household oods stara e. rovided the followin re uirernents are met:
1. No more than two main entrances andlor exits to the buildinq and
access to the individual storaqe areas shall be from the inside af the buildinq;
2. Landscapinq and architectural improvements required to ensure
compatibility with present and potential C-1 uses in the vicinity.
-(Ord. 6253 § 1, Ord. 5666 § 1, 2002; Ord. 4547 § 4(Exh. B), 1992; Ord. 4229
§ 2, 1987.)
Section 9. Amendment to Citv Code. That Section 18.26.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.26.030 Uses requiring a conditional use permit.
Ordinance No. 6269
September 25, 2009
Page 12 of 41
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. ~FGades;
B. , , pFevided
,
traffir, plaR;
. ,
buildiRg;
. ,
s#a4l be-requ*ed;
a
~nno•
pn~r R z-°rrv+
ca-r-rc-
;
G. ,
two e ;
n Dnn!'~e hall0•
. ~
E. F f GoveFnment F. ,
YJt1'C7"I:J' '
G.tCw -ptttl:Y~
H-Utility substations,=
. , .
rno }n #h . ~ indiuicrrlii~l e4nr_.~nca araac ho frnm tha insirlci nf tha hiiilrlinr~•
i~'Groc,~J. v -m ~ ra cn ~ - _ _ . . . ~.w, ~,y ~
. (Ord. 6253 § 1,
Ord. 5383 § 1, 2000; Ord. 4547 § 4(Exh. B), 1992; Ord. 4265 § 1, 1988; Ord.
4229 § 2, 1987.)
Section 10. Amendment to Citv Code. That Section 18.28.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.28.020 Permitted uses.
Hereafter, all buildings, structures, or parcels of land shall only be used for the
following, unless otherwise provided for in this title:
A. Apartments, provided they are located in a multistory building the ground
floor of which must contain a permitted use as listed in subsections B through HH
of this section. No density limitations shall apply;
B. Art, music and photography studios;
C. Automobile parking facilities;
D. Bakery and pastry shops; products made must be sold at retail on
premises;
E. Banking and related financial institutions. For drive-in facilities see ACC
18.28.030(C);
F. Caretaker apartment;
Ordinance No. 6269
September 25, 2009
Page 13 of 41
G. Civic, social, and fraternal clubs;
H. Daycare, including home-based, mini daycare, daycare center, preschools
or nursery schools;
1. Delicatessens;
J. Dry cleaning and laundry services;
K. Grocery stores;
L. Health and physical fitness clubs;
M. Hobby shops;
N. Hospitals, to include small animal, but does not allow outside runs or
kennels;
0. Hotels;
P. Laundry, self service;
Q. Liquor store;
R. Massage therapy;
S. Meeting rooms and/or reception facilities;
T. Motels;
U. Newsstands;
V. News syndicate services;
W. Nursing homes;
X. Personal service shops;
Y. Pharmacies;
Z. Printing and publishing;
AA. Professional offices;
BB. Radio and television broadcasting studios;
CC. Retail stores and shops, including department and variety stores which
offer for sale the following and similar related goods:
1. Antiques;
2. Art supplies;
3. Automobile parts and accessories, excludes service and machine
shops;
4. Baked goods;
5. Beverages;
6. Bicycles;
7. Books and magazines;
8. Candy, nuts, and confectionery;
9. Clothing;
10. Computers;
11. Dairy products;
12. Dry goods;
13. Flowers and houseplants;
14. Fruits and vegetables;
15. Furniture and home furnishings;
16. Hardware, including electrical, heating, plumbing, glass, paint,
wallpaper and related goods;
17. Home garden supplies;
18. Household appliances;
19. Household pets;
20. Housewares;
21. Jewelry and clocks;
22. Meat, fish and poultry, preprocessed;
Ordinance No. 6269
September 25, 2009
Page 14 of 41
23. Notions;
24. Office supplies and equipment;
25. Photographic equipment, including finishing;
26. Radio, television, and stereos;
27. Shoes;
28. Sporting goods;
29. Stationery;
30. Toys;
DD. Religious institutions;
EE. Restaurants, including outdoor seating. For drive-in facilities, see ACC
18.28.030(C). Sale of alcoholic beverages is only allowed pursuant to ACC
18.04.805;
FF. Schools, including art, business, barber, beauty, dancing, martial arts and
music;
GG. Secretarial services;
HH. Theaters, except drive-in;
II. Other uses may be permitted by the planning director or desiqnee if the use
is determined to be consistent with the intent of the zone and is of the same
general character of the uses permitted in this section;
JJ. Commuter rail stations and bus transfer stations;
KK. Commercial recreation. Outdoor recreation areas may be allowed but
must be part of and incidental to the principally permitted commercial recreation
use. The outdoor area can be no larger than 25 percent of the floor area of the
building of the associated commercial recreation use. The entire perimeter of the
outdoor recreation area must be landscaped with a five-foot width of Type III
landscaping pursuant to ACC 18.50.040(C) unless existing building walls are
usedi
LL. Brew pubs;
MM. Apartments, no density limitations are applied. The first flaor of anv
apartment buildinq that has frontaqe on Main Street shall contain a use, other
than residential or parkinq, which is otherwise qermitted bv the C-2 zone. Only
that portion of the first floor that frants on Main Street needs to be occupied by
the nonresidential use. All apartment proiects on Main Street must meet these
requirements and then will be cansidered a permitted use and therefore a
canditional use permit is nat required. (Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001;
Ord. 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
Section 11. Amendment to Citv Code. That Section 18.28.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.28.030 Uses requiring a conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. , .
Ordinance No. 6269
September 25, 2009
Page 15 of 41
;
B. r~ A rn.~.-a.~ •
vr
. , .
,
D. GovernmeRt ,
peFmitted 0
E. BFew ~
F-. Utility substations,;
G. , volume,
repaiF, , ,
,
a-r . ;
H. ,
18.28.050(F), are .
,
2. 1 I t~~~~~ity-- nvsi-kyclOGai'~~ on [i te 'pFopcFty +o rni i~ii iiizCtf 1e amn~i-~-o-fr
, refuse t
a n~~v-v °ri7lri
heinht nf tha farilify chall nn+ cvronrl ')fl fea}
, ,e
Ordinance No. 6269
September 25, 2009
Page 16 of 41
frnntnryo/sl that thn fnnili}y ic nriontnrl tn
autemabile o •
10. ,
f
GGMnsa6 wi+h th sn 6+-, uaFd3 (Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord.
5383 § 1, 2000; Ord. 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
Section 12. Amendment to Citv Code. That Section 18.29.055 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.29.055 Uses/activities requiring a conditianal use permit.
The following uses/activities may be permitted when a conditional use permit
has been issued pursuant to the provisions of Chapter 18.64 ACC:
A. ,
B. -€xpans+anse€ex+st+ng gaseli^e s+.,+,,.n~
kenn~
E, Any development project that seeks to deviate from any development
standard listed in ACC 18.29.060. (Ord. 6071 § 6(Exh. A), 2007.)
Section 13. Amendment to Citv Code. That Section 18.30.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.30.030 Uses requiring a conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. Apartments, provided, that ,
dwell+ng-unEt;
' Governrnent f
j:3er" ' _ ttt8d_f:N.!} rl-ry hi ;
G. , MUSiG
>
fabFiGS, leather, .
and-69nt ,
,
nn thn rtiremicc~. ~
E~Semi-tractor and trailer sales;
FB. Utility substations;
GC. Heliports;
Ordinance No. 6269
September 25, 2009
Page 17 of 41
HD. Work release, prerelease or similar facilities offering alternatives to
imprisonment under the supervision of a court, state or local government agency,
and meeting the standards established under ACC 18.48.090. (Ord. 5835 § 4,
2004; Ord. 4910 § 1, 1996; Ord. 4590 § 5(Exh. D), 1992; Ord. 4283 § 1, 1988;
Ord. 4229 § 2, 1987.)
Section 14. Amendment to Citv Code. That Section 18.32.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.32.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in an M-1 light industrial
district shall only be used for the following, unless otherwise provided for in this
title:
A. Automobile service and repair;
B. Automobile washes;
C. Banks and financial institutions;
D. Building and construction contractor services;
E. Caretaker quarters, not more than one per establishment;
F. Cold storage plants;
G. Daycare, including mini daycare centers, daycare centers, preschools or
nursery schools;
H. Equipment rental and leasing;
1. Gasoline filling station;
J. General offices;
K. Health and physical fitness clubs;
L. Horticultural nurseries, excluding soil mixing;
M. Household movers and storage;
N. Janitorial services;
0. Job training and vocational rehabilitation;
P. Manufacturing, assembling and packaging of articles, products and
merchandise when conducted entirely within an enclosed building;
Q. Mini-storage warehouses;
R. Motels and hotels;
S. Multiple-family dwellings, provided they are located in a multi-story building
the ground floor of which must contain one of the following uses listed in
subsections (C), (J), (K), (T), (W), (X), (Z) and (AA) of this section. The ground
floor may contain entrance and lobby areas which serve the dwellings;
T. Personal service shops;
U. Printing, publishing, and allied industries including such processes as
lithography, etching, engraving, binding, blueprinting, photocopying, and film
processing;
V. Research, development and testing;
W. Restaurants;
X. Retail sales of all types;
Y. Retail sales and rental of automobiles, trucks, motorcycles, recreational
vehicles and boats;
Z. Reupholstery and furniture repair;
AA. Small appliance repair;
Ordinance No. 6269
September 25, 2009
Page 18 of 41
BB. Warehousing and distribution facilities, to include wholesale trade not
open to the general public. This includes motor freight transportation as an
incidental use but specifically excludes motor freight transportation as the
principal use of the property;
CC. Other similar uses and accessory uses and buildings appurtenant to a
principal use which the planning director or desi.qnee finds compatible with the
principal permitted uses described in this chapter and consistent with the
purpose and intent of the M-1 zone;
DD. Sexually oriented businesses as provided in Chapter 18.74 ACCi
EE. Commercial recreation, including animal race tracks. (Ord. 6120 § 1, 2007;
Ord. 6033 § 1, 2006; Ord. 5863 § 1, 2004; Ord. 5835 § 5, 2004; Ord. 4910 § 1,
1996; Ord. 4294 § 1(15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.)
Section 15. Amendment to Citv Code. That Section 18.32.040 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.32.040 Uses requiring a conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A_. AuGt4en , eXGluding ;
B. , ~ ks.L,
G. Y= nvornmont fnn+Gtitac•
,
D-Heliports;
€B. Radio and television transmitting towers;
FG'. Rolinioi ic inctiti i4inno 4n ho (nnntora in ovic+inr^f farile4itac nnly~
~ ~
G-Utility substations, unless clearly incidental and part of a permitted use.
Then the substation shall be permitted outright;
HD. Work release, prerelease or similar facilities offering alternatives to
imprisonment under the supervision of a court, state or local government agency,
and meeting the standards established under ACC 18.48.090;
IE. Secure community transition facilities meeting the standards established
under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 6120 § 1, 2007; Ord. 6033
§ 1, 2006; Ord. 5863 § 3, 2004; Ord. 5835 § 6, 2004; Ord. 5690 § 1, 2002; Ord.
4910 § 1, 1996; Ord. 4590 § 6(Exh. E), 1992; Ord. 4304 § 1(17), 1988; Ord.
4229 § 2, 1987.)
Section 16. Amendment to Citv Code. That Section 18.33.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.33.030 Uses requiring a conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. Radio and television transmitting towers;
B. Religious , +#es-aRty-,:-
G-Utility substations, unless clearly incidental and part of a permitted use.
Then the substation shall be permitted outright. (Ord. 6036 § 10, 2006.)
Ordinance No. 6269
September 25, 2009
Page 19 of 41
Section 17. Amendment to Citv Code. That Section 18.33.050 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.33.050 Supplemental development standards.
Supplemental development standards in an environmental park district are as
follows:
A. All activities shall be conducted entirely within a building except as follows:
1. Horticulture activities.
2. Outdoor storage associated with light manufacturing uses pursuant to
ACC 18.33.020(K).
3. Refuse containers, provided they are screened from adjoining property
and public or private right-of-way with a masonry fence and a five-foot width Type
III landscaping.
4. Uses listed as requiring an administrative or conditional use permit
which require some outdoor activity or display.
B. All odors, noise, vibrations, heat, glare, or other emissions are controlled
within the confines of a building.
C. Loading and unloading docks shall not be visible from the street.
D. Mechanical equipment on rooftops shall be sited and designed to minimize
noise and effectively screen the equipment from view from adjacent properties
and rights-of-way. The following methods, or a combination thereof, may be
used:
1. Set back from the roof edge to obscure visibility from below;
2. Integration into the building architecture, using building walls, roof wells
or roof parapets to conceal the equipment;
3. Equipment enclosure or sight-obscuring fencing or landscaping;
4. Overhead trellis or roof to obscure visibility from above.
Materials used to screen mechanical equipment shall be the same as or
compatible with the design of the principal structure.
E. No on-site hazardous substance processing and handling, or hazardous
waste treatment and storage facilities, shall be permitted, unless clearly
incidental and secondary to a permitted use. On-site hazardous waste treatment
and storage facilities are prohibited. (Ord. 6036 § 10, 2006.)
Section 18. Amendment to Citv Code. That Section 18.34.040 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.34.040 Uses requiring a conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. Animal and food processing including the following:
1. Animal slaughtering;
2. Curing, canning, freezing, and processing of ineat and seafood;
3. Pickling and brine curing;
4. Rendering of animal or fish grease or tallow;
5. Tanning and dressing of hides;
B. Asphalt batch plants;
Ordinance No. 6269
September 25, 2009
Page 20 of 41
C. Auction houses, including animals;
D. Automobile wrecking and salvage;
E. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum,
gas and similar products, unless clearly incidental and secondary to support a
principally permitted use;
F. Bulk storage of explosives and fireworks; .
G. CommeFGial ;
H. ;
IG. Concrete mixing and batching plants, including ready-mix concrete
facilities;
t'l rivo_in }hoa+orc;
K. Govemment ,
L-H. Heavy metal processing, including blast furnaces, drop forges, and similar
heavy metal operations;
MI. Heliports;
NJ. Manufacture of:
1. Ammunition and explosives;
2. Paving and roofing materials or other products from petroleum
derivatives;
C). M$tPlrr',
QK. Radio and television transmitting towers;
RL. Rock crushing plants;
SM. Refining of materials such as petroleum, metals and ores, fats and oils;
TN. Salvage yards for the storage of inetals, paper, glass, rags, building
materials, and similar activities;
UU. Solid waste processing facility;
WP. Utility substations, unless clearly incidental and part of a permitted use.
Then the substation shall be permitted outright;
X. VVarehouse , , 50,000
YQ.Off-site hazardous waste treatment and storage facilities subject to
compliance with the state siting criteria (Chapter 70.105 RCW);
ZR. Secure community transition facilities meeting the standards established
under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 6033 § 2, 2006; Ord. 5835
§ 8, 2004; Ord. 5690 § 2, 2002; Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord.
4294 § 4, 1988; Ord. 4262 § 2, 1988; Ord. 4229 § 2, 1987.)
Section 19. Amendment to Citv Code. That Section 18.44.030 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.44.030 Uses requiring a canditianal use permit.
The following uses, when owned and operated in coniunction with an outriqht
permitted use as listed in ACC 18.44.020, may be permitted in an I district when
Ordinance No. 6269
September 25, 2009
Page 21 of 41
a conditional use permit has been issued pursuant to the provisions of Chapter
18.64 ACC:
A. ('`atnnnpi 1. ('`nllenes anrl WRivorsi}ioc.
4-Airport landing area.-;
2B. Assembly/light manufacturingi,-
3~C. Establishments serving alcoholic beveragesi:
4D. Manufactured home parksi;
S~E. Multiple-family dwellingsi;
6F. Retail sales and service=;
7G. Duplexes. (Ord. 4528 § 4(Exh. B), 1991; Ord. 4229 § 2, 1987.)
Section 20. Amendment to Citv Code. That Section 18.50.050 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.50.050 Regulations by zone.
A. R-RR-C, R-SR-1, i p~._,~..~~.o4R=5 ~ uo~-2R-7, LHR2, R-3, and LHR3-R-
10 Residential ID+s#FistsZones. Landscaping shall only be required in conjunction
with an administrative or conditional use permit. The type and amount of
landscaping te-shall be determined at that time the Gk~P--administrative or
conditional use permit is approved.
B. R-16 and R-20 Residential Zones.
1. Street frontage: five-foot width of Type III;
2. AdjaGent R-RC, R-S1, LHRS-, R-4-5, C ' u,-..-~'; ~ or LHR2 R-
~R ~
7 zone: five-foot width of Type III, adjacent parking or driveways will require a
five-foot width of Type II;
3. AdjaGent taAbuttinq R-3--10 or ',--L:-:R3-zone: five-foot width of Type IV,
adjacent parking or driveways will require a five-foot width of Type III.
C. RO and RO-H Districts.
1. Street frontage: 10-foot width of Type III;
2. Ad}aGent-teAbuttinq R-RC, R-S1, R-4-5, R-27, or R-3--10 zone: 10-foot
width of Type III, adjacent parking or driveways will require a 10-foot width of
Type II;
3. Ad}aGeR#-teAbutting R-16. R-420, R-AA#PMHC: five-foot width of Type
IV, adjacent parking or driveways will require a five-foot width of Type III;
4. For conversions of single-family residences to commercial uses within
the RO district, existing healthy landscaping may be retained and utilized or
supplemented to meet the intent of the code requirements as determined by the
planning, building, and community director or designee. See ACC 18.50.060 for
plan requirements.
D. I, N=i4-,C-1, LHGIz C-2, C-N, P-4,and L4P1 Districts.
1. Street frontage: five-foot width of Type III, no street frontage
landscaping is required for the C-2 zone except for parking lots and as may be
required by ACC 18.28.050(F);
2. AdjaGent-teAbuttinq R-RC, R-a1, LHRS-R-4-S, Lk1R!-R-27 LHR2, R-
3-or L,14R-103 zone: five-foot width of Type II, adjacent parking or driveways will
require a five-foot width of Type I;
Ordinance No. 6269
September 25, 2009
Page 22 of 41
3. A;4-aseRt-taAbutting R-16, R-420, LHR4; RO, RO-H, R-M#P; or NHR-
M#P MHC zone: five-foot width of Type III, adjacent parking or driveways will
require a five-foot width of Type II.
E. C-3, LF Districts.
1. Street frontage: five-foot width of Type III;
2. A~jaGent taAbuttinq R-RC, R-S1, R-45, R-27, or R-3--10 zone: 10-foot
width of Type 11, adjacent parking or driveways will require a 10-foot width of
Type I;
3. AdjaG~.~nt-teAbutting R-416, R-20, RO, RO-H or R-MH(?-MHC zone: 10-
foot width of Type III, adjacent parking or driveways will require a 10-foot width of
Type II;
4. Outdoor storage yards adjaGent teabuttinq any C, P, I or M-1 zone.
F. M-1 District.
1. Street frontage: 10-foot width of Type III, an additional 10-foot width will
be required when loading and unloading docks face a street. In lieu of the
additional 10-foot width of Type III landscaping, a Type II landscaping may be
provided;
2. Ac}aGeRt teAbuttinq any R zone: 10-foot width of Type I;
3. A4aGeent -',sAbuttinq I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type
II, adjacent outdoor storage yards will require a 10-foot width of Type I;
4. AdjaGeRt taAbuttinq C-3, LF zone: 10-foot width of Type III, adjacent
outdoor storage yards will require a 10-foot width of Type I;
5. For those buildings that have frontage on a street a minimum of a 10-
foot width of Type III landscaping shall be placed next to the building;
6. Outdoor storage yards ad}aGent-teabuttinq other M-1 zoned property
shall have a minimum width of a five-foot Type I landscaping;
7. A4asent tsAbuttinq the Interurban Trail. Outdoor storage yards
adjaeeRt-teabuttinq the Interurban Trail (regardless of the zoning of the
Interurban Trail) shall have a minimum 10-foot width of Type I landscaping.
G. M-2 District.
1. Street frontage: 10-foot width of Type III;
2. Ad}asent-taAbutting any R zone: 30-foot width of Type I;
3. Adi-'^Abuttinq I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type
II, adjacent outdoor storage yards will require a 10-foot width of Type I;
4. Adjasen#-teAbuttinq C-3 or LF zone: 10-foot width of Type II, adjacent
outdoor storage yards will require a 10-foot width of Type I;
5. For those buildings that have frontage on a street a minimum of a 10-
foot width of Type II landscaping shall be placed next to the building.
H. BP District. The amount and type of landscaping shall be determined at the
time of the approval of the business park. The landscaping requirements shall,
however, be guided by the M-1 requirements and a minimum of 15 percent of the
business park shall be landscaped.
1. EP District.
1. Except as provided for in subsection (I)(2) of this section, all required
yards shall be landscaped with Type III landscaping.
2. The planning director may reduce the width of required landscaping by
up to 50 percent for projects employing drip irrigation or similar water
conservation measures, use of native plant materials, or xeriscaping.
3. In no case shall less than 15 percent of the lot be landscaped.
Ordinance No. 6269
September 25, 2009
Page 23 of 41
4. Outdoor storage areas shall be screened with a minimum width of five-
foot Type I landscaping. (Ord. 6231 § 4, 2009; Ord. 6036 § 3, 2006; Ord. 5863 §
5, 2004; Ord. 5342 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) -(39),
1988; Ord. 4229 § 2, 1987.)
Section 21. Amendment to Citv Code. That Section 18.54.060 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.54.060 Maintenance, damage repairs and restorations, additions,
enlargements, moving or relocation of nonconforming structures, and
residential structures.
A. Ordinary maintenance of a nonconforming structure which includes minor
interior and exterior repairs and incidental alterations is permitted. Minor
maintenance and repair may include but is not limited to painting, roof repair and
replacement, plumbing, wiring, mechanical equipment replacement, and
weatherization. Incidental alterations may include construction of nonbearing
walls or partitions.
B. No structural alterations, as defined by the Uniform Building Code, shall be
made except as required by law or ordinance; provided, that the cost of such
work shall not exceed 50 percent of the assessed valuation of such structure as
established by the most current county assessor's tax roll.
C. A nonconforming structure having been damaged or partially destroyed to
an extent not exceeding 50 percent of the assessed valuation of such structure
as established by the most current county assessor's tax roll, may be restored to
its original condition, as authorized by the city's building official, and its
immediately preceding or existing use at the time of partial destruction may be
continued or resumed. Restoration shall begin within one year and be completed
within two years of the date of partial destruction. If restoration is not started
within one year, then the reuse and occupancy of the structure shall conform to
all the regulations of the district in which the use is located.
D. Structures or lands which are nonconforming as to use regulations shall not
be enlarged or intensified in any manner unless the enlargement within such
structures or lands conforms to all regulations of the district in which it is located.
A nonconforming use, within a nonconforming structure, shall not expand into
any portion of the nonconforming structure.
E. Structures which are nonconforming as to percentage of site coverage,
setbacks, building height or density shall not be enlarged unless such
enlargement conforms to the regulations of the district in which it is located.
F. Nonconforming residential structures are allowed to provide maintenance,
alterations and additions which may exceed the requirements of this chapter;
provided the total number of dwelling units does not increase and all other
development standards of the district are complied with.
G. This chapter shall not prevent the following provided the total value of the
improvements, over the lifetime of the nonconforming use, does not exceed 50
percent of the assessed value of the nonconforming use as established by the
most current county assessor's tax roll; and, the nonconforming use or structure
is not expanded except as allowed by subsection H of this section; provided
further, that any replacement of a nonconforming structure, or parts thereof, must
Ordinance No. 6269
September 25, 2009
Page 24 of 41
comply with the appropriate development standards unless a special exception is
granted pursuant to ACC 18.70.020.
1. Strengthening or restoring to a safe condition any nonconforming
structure or part thereof which is declared to be unsafe or a hazard to the public
by the order of a city official charged with protecting the public safety;
2. Lessening a hazardous situation, nuisance or other adverse
environmental impact;
3. Bringing the structure or use into more conformance with this title;
4. Adapting the structure to new technologies or equipment;
5. Improvements which do not increase the intensity of the nonconforming
use.
H. A nonresidential structure or use which becomes a legal nonconforming
structure or use after the effective date of the ordinance codified in this title may
be permitted by means of a special exception issued by the hearing examiner
pursuant to ACC 18.70.020 to expand the existing use or structure up to 25
percent of the use or structure existing at the time of the adoption of the
ordinance codified in this title; provided further, that the addition otherwise meets
the standards of this title and other requirements of the city.
This section does not allow the expansion of a use or structure which would be
inconsistent with a previously authorized administrative use permit, conditional
use permit, special property use permit, contract rezone, or binding agreement
between the city and the property owner.
This section also does not allow the expansion of any nonconforming
hazardous material storage.
1. When a building or structure is moved to another location it must then be
made to conform to the requirements of the district to which it is moved, unless
specifically allowed elsewhere by this title.
J. Nonconforming single-family residential homes and their accessory
structures may be replaced and the new structure shall either meet the
development standards of the district in which the home is located or the new
structure shall not be more nonconforming than the previous use. All other
applicable building and fire code requirements must be complied with. (Ord. 5170
§ 1, 1998; Ord. 4705 § 2, 1994; Ord. 4304 § 1(43), 1988; Ord. 4229 § 2, 1987.)
Section 22. Amendment to Citv Code. That Chapter 18.64 of the Auburn
City Code be and the same hereby is amended to read as follows:
Chapter 18.64
ADMINISTRATIVE AND
CONDITIONAL USE PERMITS
Sections
18.64.010 I ntent.
18.64.020 Process.
18.64.030 Application.
18.64.035 Site Plan.
18.64.040 Findings of fact.
18.64.050 Conditions and period of approval.
18.64.055 Appeals.
Ordinance No. 6269
September 25, 2009
Page 25 of 41
18.64.060 Time limitations.
18.64.070 Revocation of permit.
18.64.010 Intent.
A. It is the intent of this chapter to provide #er--a process to allow for uses that
are not permitted outright within a zone. These-Such uses typically require a
special degree of control to make sure that }"°esthev are consistent with the
intent of the zone and compatible te-with other existing and permitted uses within
the zone . Only those uses listed as
requiring either an administrative or conditional use permit; within a particular
zone; qualify for this process. The planning director or designee may determine
that other similar uses; which are not listed; may also qualify for this process.
This process shall +s-not t-e-replace the variance procedure in Chaqter 18.70 ACC
or be used to permit uses that are prohibited net allowed-within the zone. (Ord.
4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)
B. Uses subiect to administrative use approval are thase which tvpically have
some potential for impacts to neiqhborinq properties, but which mav be permitted
within a zone fallowing review by the City to establish conditions mitiqatinq
i_mpacts of the use and to assure compatibilitv with other uses in the zone.
C. Uses subject to conditianal use approval are those uses that typically have
a qreater intensity andlor potential for impacts #o surroundinq propertiesz and/or
special characteristics that mav not qenerally be appropriate as a use permitted
outright within a zane, but may be permitted subject to review by the hearinq
examiner to establish conditions to protect public health. safety and welfare. and
to assure compatibility with other uses in the zone.
18.64.020 Process.
BA. Administrative Use Permits. An a lication for an administrative use permit
shall be reviewed in accardance with ACC Title 14 as a Type II decision, subiect
to the additionai provisions of this section. narmi$4ar4 ~~c
~r~c8S :n #ha Z9rr~ r~d- ~ic r~rr~r~n prwco ehw+ll nrtl» hc> >~cer7 in thn nZnnr~tha4
F.~~,-rcc~a--- rrr-c~ ~~r~--
4-The planning director or desiqnee_shall make the final
decision unless the application is farwarded to #he hearinq examiner pursuant to
ACC 18.64.020(A)(2), in which case the hearinq examiner will make the final
decision.
Ordinance No. 6269
September 25, 2009
Page 26 of 41
h
" "`NN~ y ~"-'all ~niithir~ 1t". iaenrliir~n rln»c nY~Y~rn~io or Mon~~ tho r+o`.-'-rmi}
Tr.-
e
31. Addi#ional public notice requirements. Administrative use permits for
uses in the followinq zones shall be subject to the additional public notice
requirements in paraqraphs a and b of this subsection: R-C Residential
Conservancv Zone, C-N Neiqhborhood Shopping District C-1 Liqht Commercial
District, C-2 Neiqhborhood Business District; C-3 Heavy Commercial District M-1
Liqht Manufacturinq District M-2 Heavy Manufacturing District BP Business
Park District:
a.
s#aU-be-{~r Z.~idedThe mailinq radius requirement of ACC 14.47.040(a) shall be
increased to 500 feet; and
b. In addition to the methods of providinq notice required bv ACC
14.07.040, public notice shall be posted on the Cit 'site.
2. Followinq the public comment period provided far in Title 14, the
planning director or designee shall:
a. Review the information in the record and render a decision ~aursuant to
the procedural reauirements of ACC Title 14; or
b. Within 10 davs followinq the clase of the public comment period forward
the application to the hearinq examiner for a public hearinq and final decision in
accordance with Chapter 18.66 ACC if the planning directar or designee
determines that one or more of the following exists:
a. Public comments indicate a substantial de rq ee of concern1 controversy,
or opposition to the proposal; or
b. A public hearinq is necessary to address issues af vaque conflictinq or
inadequafie infiarmation; or
c. The application raises a sensitive or controversial public policv issue; or
d. A_public hearinq might clarify issues involved in the permit decision.
c. When a public hearinq before the hearinq examiner is deemed necessarv
bv the planninq director or desiqnee:
i. The citv shall provide written notice to the applicant wi#hin 10 days
followinq the clasinq af the public comment periad that the application is being
forwarded to the hearinq examiner for public hearinq and decision pursuant ta
the procedural reauirernents of this chapter. The notice shall specify the reason
the application is beinq forwarded ta the hearinq examiner;
ii. Processinq of the application shall not praceed until any
supplemental permit review fees set forth in the City of Auburn fee schedule are
received; and
iii. The application shall be deemed withdrawn if the supplemental
fees are not received within 30 days of the applicant notification by the city.-
B. Conditional Use Perr-nits. An application fQr a conditional use permit shall be
reviewed in accordance with ACC Title 14 as a Type III decision. A request for a
conditional use permit shall be heard bv the hearinq examiner in accordance with
the provisions of Chapter 18.66 ACC. The hearinq examiner shall make the final
decision.
,
$~~~rr - p°-Sva'u'lCtt f~'-'-TVi ii ic°-ne"sra-Fegt4l^rlv rHled -~~et'm^g 8f th°c-"g
Ordinance No. 6269
September 25, 2009
Page 27 of 41
, •
€-S-
2_4-r=Q-
C. When a ro osal includes more than one e3ement fihat re uire administrative
use andior conditionai use approval, the followinq review tarocesses shall applv:
1. Far ra osals with multi Is administrative use elernents. a sin le
administrative use permit application wi(1 be required, provided that findinqs of
fact pursuant to ACC 18.64.040 are made for each elerrtent.
2. For ro osals with administrative and conditional use eiements a
sing(e conditional use permit application will be required, pravided that findinqs of
fact pursuant to AGC 18.64.040 are made for each elernent. (Ord. 6185 § 5,
2008; Ord. 5811 § 6, 2003; Ord. 4875 § 1, 1996; Ord. 4840 § 1, 1996; Ord. 4304
§ 1(45), 1988; Ord. 4229 § 2, 1987.)
18.64.030 Application.
A. In addition to the requirements for a complete application as set forth in
ACC Title 14, an application far an
administrative or conditional use permit wk►+sh-shall include asete -plaR --th-at
+Uuslrates-the following:
1. A completed permit appGcation form signed by the property owner{s}
and/or applicant;
2. A statement that the applicant attests bv written oath to the accuracv
and completeness of all information submitted for an application;
3. A site plan meetinq the requirements af the applicable submittal
checklist which at a minimum includes the informatian in ACC 18.64.035~
4. Applicable fifinq #ee(s), if any, as established in the current citv of
Auburn fee schedule and relevant deposit(s), if any, as permitted or required bv
other chapters or sections of the Auburn City Code;
5. Anv additional information as required by the applicable submittal
checklist or other chapters of this title for the propased use.
. Name, addFess, ;
Ordinance No. 6269
September 25, 2009
Page 28 of 41
18.64.035 Site Plan.
A. The site plan required by ACC 18.64.030(A)(3) shall include the followinq
information:
1. VicinitY map;
2. Name, address, phone number of propertv owner;
3. Name, address, phone number of enqineer or aqent;
4. Boundaries and dimensions of propertv;
5. Adiacent public streets;
6. Easements, existinq and proposed;
7. Location and size of all existinq and proposed utilities;
8. Location of buildinq(s), includinq setbacks;
9. Location and lavout of off-street parkinq;
10. Location and heiaht of fences:
11. Location and size of signs;
12. Landscape detail includinq but not limited to tvpe and location of
veqetation, initial and mature plantinq sizes and methods of irriqation;
13. Buildinq/structure heiqhts;
14. Exterior liqhtinq detail includinq but not limited tvpe and location of
pole-mounted and wall-mounted lights, fixture type and wattaqe, shieldinq and
liqht orientation methods and on-site and off-site photometric impacts.
B. The submitted site plan shall be adopted and made part of anv approved
administrative or conditional use permit. For the duration of anv administrative or
conditional use permit, subsequent buildinq permits and construction activitv
shall be in accord with the approved site plan.
C. Adiustments to the site plan mav be approved as follows:
1. Minor Adiustments. Minor adjustments to the site plan may be made
and approved bv the planninq director or desiqnee. Minor adiustments are those
which mav affect the precise dimensions or siting of buildings, but which do not
affect the basic character or arranqement of buildinqs approved, nor the
development coveraqe of the development or the open space requirements.
Such dimensional adiustments shall not varv more than 10 percent from the
oriqinal.
2. Malor Adiustments. Maior adiustments are those, when determined bv
the planning director or desiqnee, that substantially chanqe the basic desiqn,
coveraqe, open space or other requirements of the permit. When the planninq
director or desiqnee determines a change constitutes a maior adiustment, no
buildinq or other permit shall be issued for the use without prior review and
approval such adiustment.
a. The submittal requirements, and review and approval process for a
malor adiustment to the site plan of an approved administrative or conditional use
permit shall be substantiallv the same as that required for the oriqinal
administrative or conditional use permit. An application for maior adiustment
meetinq the information requirements of ACC 18.64.030 shall be submitted. At
the discretion of the planninq director or desiqnee, the applicant mav be able to
resubmit or incorporate bv reference some portions of the oriqinal administrative
or conditional use permit submittal as part of the application for maior
adiustment however the application for maior adiustment shall be subiect to the
Ordinance No. 6269
September 25, 2009
Page 29 of 41
same submittal, processinq, and findinqs of fact requirements of this chapter for
administrative or conditional use permits, as applicable.
18.64.040 Findings of fact.
Administrative and conditional use permits may only be approved if findings of
fact are drawn to support the following:
A. The use will not have ne-merea substantively qreater adverse effect on the
health, safety or comfort of persons living or working in the area and will not be
ne--substantivelv more injurious, economically or otherwise, to property or
improvements in the surrounding area than would any use generally permitted in
the district.
Among matters to be considered are traffic flow and control, access to and
circulation within the property, off-street parking and loading, refuse and service
area, utilities, screening and buffering, signs, yards and other open spaces,
height, bulk, and location of structures, location of proposed open space uses,
hours and manner of operation, and noise, lights, dust, odor, fumes and
vibration;
B. The proposal is in accordance with the goals, policies and objectives of the
comprehensive plan;
C. The proposal complies with all requirements of this title;
D. The proposal can be constructed and maintained so as to be harmonious
and appropriate in design, character, and appearance with the existing or
intended character of the general vicinity;
E. The proposal will be supported by adequate public facilities and services
and will not adversely affect the public infrastructure;
F. The proposal will not cause or create a public nuisancei.-
G. The proposal's impacts can be appropriatelv mitigated through the
applicatian of conditions of approval, as applicable.
-(Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)
18.64.050 Conditions and period of approval.
A. In order to mitigate any significant adverse impact or support a finding of
fact or prevent and abate public nuisances associated with the proposal,
conditions may be imposed which could increase requirements in the standards,
criteria, or regulations of this title or other city legislation or adopted policies.
B. Administrative or conditional use permit approvals shall be valid for ths
specific use authorized on a property, subject to the revocation provisions of
AGC 18.64.070. A chan e in use shall cause the administrative or canditional
use permit to automatically expire.
C. Administrative or conditional use ermit a rovals or the ortions thereof,
that authorize hours of o sration shall be valid for the s ecific use and hours of
operation authorized on a propsrtV, subject to the revocation provisions of ACC
18.64.070. A chanqe in use or hours of operation outside that authorized by the
administrative or conditional use permit shall cause the permit to automatically
expire. (Ord. 4840 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.)
18.64.055 Appeals.
Ordinance No. 6269
September 25, 2009
Page 30 of 41
A. Administrative use permits. Any affected partv mav appeal the planninq
director's final decision to the hearinq examiner as provided far in ACC 14.13 and
ACC 1$.70. If #he planning director farwards an application to the hearinq
examiner for a qublic hearinq and decision pursuant to ACC 18.64.020(A (2) )(b),
a request for reconsideration and/or appeal of the hearinq examiner's final
decision may be submitted as provided for in ACC 18.66. The planning director's
decision to fiorward an application to the hearinq examiner for public hearing and
decision mav not be appealed.
B. Conditional use permits. Any affected party may submit a request for
reconsideration and/or appeaf the hearinq examiner's final decision as pravided
for in ACC 18.66.
18.64.060 Time limitations.
A. Unless specified elsewhere, an administrative or conditional use permit
shall be implemented within two years of the approval. If a building permit or
occupancy permit is required for the administrative or conditional use and has not
been issued within the two-year period then the administrative or conditional use
permit shall be null and void.
B. The planninq directar or desiqnee may grant ane extension af the time
period for implementation of the administrative or conditional use permit of up to
12 months following the submittal af a written request by the holder of the permit
a minimum of thirtv (30) calendar davs prior to the exqiration date of the permit.
(Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
18.64.070 Revocation of permit.
The buildong Gi planninq director ar designee may revoke or suspend any
permit granted under the chapter if any of the following conditions is found to
exist:
A. Fraud in obtaining the permit;
B. Concealment or misrepresentation of any material fact on the application or
on any subsequent applications or reports;
C. The operation is found to be in violation of the approved plans, conditions of
approvals, or the terms of the permit and the owner has failed to correct the
violation after proper notice thereof. (Ord. 4840 § 1, 1996; Ord. 4229 § 2, 1987.)
Section 23. Amendment to Citv Code. That Section 18.70.010 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.70.010 Variances.
A. Subject to conditions, safeguards and procedures provided by this title, the
hearing examiner may be empowered to hear and decide applications for
variances from the terms of this title; provided the hearing examiner may approve
a variance only if the request conforms to all of the following criteria. The
examiner must enter findings of fact and conclusions of law which support the
following criteria and any conditions:
1. That there are unique physical conditions including narrowness or
shallowness of lot size or shape, or exceptional topographical or other physical
conditions peculiar to and inherent in the particular lot; and that, as a result of
Ordinance No. 6269
September 25, 2009
Page 31 of 41
such unique physical conditions, practical difficulties or unnecessary hardships
arise in complying with provisions of this title.
2. That, because of such physical conditions, the development of the lot
in strict conformity with the provisions of this title will not allow a reasonable and
harmonious use of such lot.
3. That the variance, if granted, will not alter the character of the
neighborhood, or be detrimental to surrounding properties in which the lot is
located. For nonconforming single-family homes, this finding is determined to be
met if the features of the proposed variance are consistent with other comparable
features within 500 feet of the proposal.
4. That the special circumstances and conditions associated with the
variance are not a result of the actions of the applicant or previous owners.
5. Literal interpretation of the provisions of this title would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district.
6. The approval of the variance will be consistent with the purpose of this
title and the zoning district in which the property is located.
7. The variance will not allow an increase in the number of dwelling units
permitted by the zoning district.
8. The authorization of such variance will not adversely affect the
comprehensive plan.
9. The variance shall not allow a land use which is not permitted under
the zoning district in which the property is located.
10. The variance shall not change any regulations or conditions
established by surface mining permits, administrative use permits, conditional
use permits or contract rezones authorized by the city council.
B. In authorization of a variance, the hearing examiner may attach thereto
such conditions regarding the location, character and other features of the
proposed structure or use as he may deem necessary to carry out the spirit and
purpose of this title and in the public interest.
C. A variance so authorized shall become void after the expiration of one year,
or longer period if specified at the time of issuance, if no building permit,
occupancy permit or business registration has been issued in accordance with
the plans for which such variance was authorized. The hearing examiner may
extend the period of variance authorization for one additional year without public
hearing upon a finding that there has been no basic change in pertinent
conditions surrounding the property at the time of the original application. (Ord.
4840 § 1, 1996; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)
Section 24. Amendment to Citv Code. That Section 18.70.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.70.020 Special exceptions.
A.Only the following special exceptions may be granted by the hearing
examiner after a public hearing is held pursuant to ACC 18.70.040:
1. Platted lots within the same block and same zone, but separated by a
public alley, may be used as a single building site for the purpose of calculating
Ordinance No. 6269
September 25, 2009
Page 32 of 41
the number of dwelling units permitted in a structure to be erected on one side of
the alley, subject to the following requirements:
a. Each portion of the property shall abut a minimum of 100 feet
upon the alley.
b. The two portions of the property shall be directly opposite for a
distance representing at least 50 percent of the width of the portion of the
property not to be occupied by the proposed building.
c. The portion of the property not occupied by the building shall not
be sold, segregated or used for building purposes so long as the building
remains on the portion of property on the opposite side of the alley.
2. Whenever there is a change from a residential use to a nonresidential
use in an existing building a special exception may be issued to exclude the floor
area within the building, that cannot be effectively utilized by the proposed use,
from the off-street parking requirements.
3. A nonresidential structure or use which becomes a legal
nonconforming structure or use after the effective date of the ordinance codified
in this title may be permitted, by means of a special exception, to expand the
existing use or structure up to 25 percent of the use or structure existing at the
time of the adoption of this title; provided further, that the addition otherwise
meets the standards of this title and other requirements of the city.
This section does not allow the expansion of a use or structure which
would be inconsistent with a previously authorized administrative use permit,
conditional use permit, special property use permit, contract rezone, or binding
agreement between the city and the property owner. This section also does not
allow the expansion of any nonconforming hazardous material storage.
4. Pursuant to ACC 18.54.060(G), a special exception may be issued for
the replacement of a nonconforming structure or part thereof which does not
comply with the appropriate development standards.
5. Pursuant to ACC 18.54.070(B), a special exception may be issued for
residential uses, in commercial or industrial zones, to reoccupy if unoccupied for
longer than 180 days.
B. In considering applications for special exceptions, the hearing examiner
shall consider the nature and condition of all adjacent uses and structures, and
no such special exception shall be authorized by the hearing examiner unless the
hearing examiner finds that the authorizing of such special exception will not be
materially detrimental to the public welfare or injurious to property in the zone or
vicinity in which the property is located, and that the authorization of such special
exception will be consistent with the spirit and purpose of this title. In authorizing
a special exception, the hearing examiner may impose such requirements and
conditions with respect to location, installation, construction, maintenance and
operation and extent of open spaces in addition to those expressly set forth in
this title as may be deemed necessary for the protection of other properties in the
zone or vicinity and the public interest. (Ord. 4840 § 1, 1996; Ord. 4229 § 2,
1987.)
Ordinance No. 6269
September 25, 2009
Page 33 of 41
Section 25. Amendment to City Code. That Section 18.76.040 of the
Auburn City Code be and the same hereby is amended to read as follows:
18.76.040 Permitted uses.
A. Residential.
1. Housing concepts of all types limited only by the density allowed in the
official Lakeland plan map. Examples include the following:
a. Single-family detached homes,--.
b. Condominiums, apartments, and townhouses
c. Customary accessory uses and structures common to single-
family homes or multifamily dwellingsi.-
d. Home occupations authorized by and subject to the standards of
Chapter 18.60 ACC_-.
e. Storage or parking of recreational vehicles for residents of the
individual development:.-
f. Nonresidential or municipal uses such as schools, churches,
libraries, police, parks or fire facilities as authorized in the PUD--
g. Home-based daycarei.-
h. Community centers/recreation facilitiesi-
i. Senior housing and services.
2. Parks.
B. Nonresidential. Uses permitted outright by Chapter 18.26 ACC as
authorized in the development plan, except those uses requiring an Eend+tieaal
useadrninistratiue use permit under subsection C of this section, inGlUdiRg~
,
4---Qvis-soGia~-a-nd--f ateFnal G16lbs:
2. MTr'r ds"yt..--irr&~~~r
1-; Religiousin-stitutions.
1 1£eii#y ez aheta+ine9c
a:--P134Ge-i
P°; ~"+~.~;°a_..;,
4-.-Puta
. , .
3--B+°ewpulas-(Ord. 5777 § 1, 2003; Ord. 5092 § 1, 1998.)
Section 26. Amendment to Citv Code. That Section 18.78.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
Ordinance No. 6269
September 25, 2009
Page 34 of 41
18.78.020 Permitted uses.
The permitted uses allowed in the Terrace View zoning district will be those as
allowed within Chapter 18.30 ACC, C-3 Heavy Commercial District, as may be
amended. The process to allow any use on the Terrace View property shall be as
required by this title with the exception that apartments/multifamily units will be
considered an outright permitted use and will not require an administrative
sORdd+t+enal-use permit. (Ord. 5377 § 2, 2000.)
Section 27. New Section to Citv Code. That a new Section 18.04.025 of
the Auburn City Code be and the same hereby is created to read as follows:
18.04.025 Administrative use.
"Administrative use" means a use permitted ii
approval by the planning director or designee.
which typically have some potential for impacts
which may be permitted within a zone following
conditions mitigating impacts of the use and to
uses in the zone.
Section 28. New Section to Citv Code.
i a zone only after review and
Administrative uses are those
to neighboring properties, but
review by the City to establish
assure compatibility with other
That a new Section 18.22.025 of
the Auburn City Code be and the same hereby is created to read as follows:
18.22.025 Uses requiring an administrative use permit.
The following uses may be permitted when an administrative use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Administratively permitted uses in the RO designation:
1. Any commercial use abutting a residential zone' which has hours of
operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday -
Saturday: 7:OOAM to 10:OOPM;
2. Civic, social and fraternal clubs;
3. Daycare limited to mini daycare center, daycare center, preschools or
nursery schools;
4. Government facilities;
5. Nursing homes;
6. Religious institutions, less than one acre lot size;
7. Restaurants, excluding drive-in facilities.
B. Administratively permitted uses in RO-H designation:
1. Any commercial use abutting a residential zone' which has hours of
operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday -
Saturday: 7:OOAM to 10:OOPM;
2. Civic, social and fraternal clubs;
3. Daycare, limited to daycare center, preschools or nursery schools;
4. Government facilities;
5. Restaurants, excluding drive-in facilities;
6. Multifamily dwellings, provided 1,200 square feet of lot area is provided
for each dwelling unit.
Ordinance No. 6269
September 25, 2009
Page 35 of 41
' For the purposes of this section, a residential zone is defined as any of the following
zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7
Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential
Manufactured Home Community.
Section 29. New Section to City Code. That a new Section 18.24.025 of
the Auburn City Code be and the same hereby is created to read as follows:
18.24.025 Uses requiring an administrative use permit.
The following uses may be permitted in a C-N district where an administrative
use permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Any commercial use abutting a residential zone' which has hours of
operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday -
Saturday: 7:OOAM to 10:OOPM;
B. Civic, social and fraternal clubs;
C. Daycare, limited to mini daycare, daycare center, preschools or nursery
schools;
D. Drive-in facilities, including banks and restaurants;
E. Government facilities;
F. Liquor serving establishments, provided they are secondary to a restaurant
use and limited to on-premises consumption;
G. Religious institutions; less than one acre lot size;
H. Restaurants and other eating establishments with a seating capacity of
more than 25 seats.
1 For the purposes of this section, a residential zone is defined as any of the following
zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7
Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential
Manufactured Home Community.
Section 30. New Section to Citv Code. That a new Section 18.26.025 of
the Auburn City Code be and the same hereby is created to read as follows:
18.26.025 Uses requiring an administrative use permit.
The following uses may be permitted when an administrative use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Any commercial use abutting a residential zone' which has hours of
operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday -
Saturday: 7:OOAM to 10:OOPM;
B. Arcades;
C. Automobile sales and leasing, new and/or used, including light pick-up
trucks and vans but not including recreational vehicles or heavy trucks, provided
the following requirements are met:
1. The business shall be located on a major arterial as defined by the city
traffic plan;
2. No repairing, painting or body work shall be conducted outside of a
building;
Ordinance No. 6269
September 25, 2009
Page 36 of 41
3. If abutting an R zone, a sight-obscuring fence or landscape screen
shall be required;
4. A minimum of a 25-foot setback shall be required of any building from
any R zone;
5. Other landscaping or architectural improvements may be required to
ensure compatibility with present and potential C-1 uses in the vicinity;
D. Automobile service stations, provided they are located at the intersection of
two streets, one of which must be an arterial;
E. Dance halls;
F. Drive-in facilities, including banks and restaurants;
G. Government facilities, excluding offices and related uses that are permitted
outright.
1 For the purposes of this section, a residential zone is defined as any of the following
zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7
Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential
Manufactured Home Community.
Section 31. New Section to Citv Code. That a new Section 18.28.025 of
the Auburn City Code be and the same hereby is created to read as follows:
18.28.025 Uses requiring an administrative use permit.
The following uses may be permitted when an administrative use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Any commercial use abutting a residential zone' which has hours of
operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday -
Saturday: 7:OOAM to 10:00PM;
B. Arcades;
C. Drive-in facilities, including banks and restaurants. No drive-in facilities shall
be allowed vehicle access to or from Main Street;
D. Government facilities, this excludes offices and related uses that are
permitted outright;
E. Any expansion of the space, volume, area or facilities of any automobile
repair, maintenance or service, automobile service station, or car wash business
that existed before the effective date of Ordinance No. 5555. Any such expansion
must be physically connected to the existing business, must be contained within
the same lot or adjusted lot as the existing business and cannot be separated by
a street or alley;
F. Gasoline dispensing facilities for passenger vehicles, provided the following
requirements, which supersede the requirements of ACC 18.28.050(F), are met.
These facilities are not intended to be the same as or allow for an automobile
service station as defined by ACC 18.04.140j:
1. The facility must be accessory to an existing retail/service
establishment in which the principal tenant has a minimum floor area of at least
25,000 square feet. The principal tenant must own and/or manage the facility.
The facility must be located on the same parcel of property as the principal
tenant and the property must be at least 100,000 square feet in area.
2. The facility must be located on the property to minimize the amount of
conflict to the pedestrian traffic.
Ordinance No. 6269
September 25, 2009
Page 37 of 41
3. The facility must be located on and have direct access to an arterial
using existing curb cuts and driveways whenever practical. If the curb cuts and
driveways do not meet current city standards then they shall be brought up to
such standards.
4. The facility cannot interfere with the existing parking and/or traffic
circulation on the property. There shall be enough room on the property to allow
for adequate stacking space for vehicles waiting for fuel in order to avoid cars
interfering with vehicles on the street. The facility cannot reduce the amount of
parking required by the zoning code.
5. The facility shall have a roof that covers all activities including the pay
window, refuse containers, fuel pumps and the adjacent parking area for the cars
being fueled. The area that is covered by the roof of the facility shall be no larger
than 6,000 square feet. The number of pumps shall be limited to five such that no
more than 10 vehicles may be fueled at any one time.
6. Columns or similar architectural features shall be provided that screen
the visibility of the pump islands as well as give the visible impression of
enclosing the structure. If necessary, provisions must be made to avoid a safety
issue of enclosing any fumes associated with the fueling of the vehicles. The
overall height of the facility shall not exceed 20 feet.
7. The design, architectural treatment and streetscape features of the
facility must be consistent with the design concepts as outlined in paragraph "P"
of Section 1.4 of the downtown plan as well as provide some design continuity
between the facility and primary structure.
8. A five-foot width of Type III landscaping shall be provided along the
street frontage(s) that the facility is oriented to.
9. Any other products for sale shall only be displayed within the building
containing the pay window and any such products shall be incidental to
automobile care/maintenance, or snacks and beverages. No sales of alcoholic
beverages will be allowed.
10. Signs shall be limited to permanent wall signs, attached to the face of
the canopy, only.
11. The application for the conditional use permit shall illustrate how it
complies with these standards. (Ord. 5555 § 1, 2001; Ord. 5510 § 1, 2001; Ord.
5383 § 1, 2000; Ord. 5193 § 1, 1998; Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.)
' For the purposes of this section, a residential zone is defined as any of the following
zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7
Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential
Manufactured Home Community.
Section 32. New Section to Citv Code. That a new Section 18.29.053 of
the Auburn City Code be and the same hereby is created to read as follows:
18.29.053 Uses/activities requiring an administrative use permit.
The following uses/activities may be permitted when an administrative use
permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Expansions of existing automobile maintenance and repair businesses;
B. Expansions of existing gasoline stations;
Ordinance No. 6269
September 25, 2009
Page 38 of 41
C. Animal daycare businesses that feature outdoor exercise areas and/or
kennels.
Section 33. New Section to Citv Code. That a new Section 18.30.025 of
the Auburn City Code be and the same hereby is created to read as follows:
18.30.025 Uses requiring an administrative use permit.
The following uses may be permitted when an administrative use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Any commercial use abutting a residential zone' which has hours of
operation outside of the following: Sunday: 9:OOAM to 10:OOPM; or Monday -
Saturday: 7:OOAM to 10:OOPM;
B. Multiple-family dwellings; provided, that 1,200 square feet of lot area is
provided for each dwelling unit;
C. Government facilities, this excludes offices and related uses that are
permitted outright;
D. Miscellaneous light manufacturing including toys, jewelry, ceramic, musical
instruments and similar products, apparel and other finished products made from
fabrics, leather, and similar materials, manufacturing of professional, scientific,
and controlling instruments such as photo and optical goods, watch and clock
manufacturing, and similar products, with retail sales of products manufactured
on the premises;
E. Nursing homes.
(Ord. 5835 § 4, 2004; Ord. 4910 § 1, 1996; Ord. 4590 § 5(Exh. D), 1992; Ord.
4283 § 1, 1988; Ord. 4229 § 2, 1987.)
' For the purposes of this section, a residential zone is defined as any of the following
zoning districts: R-C Residential Conservancy, R-1 Residential, R-5 Residential, R-7
Residential, R-10 Residential, R-16 Residential, R-20 Residential; R-MHC Residential
Manufactured Home Community.
Section 34. New Section to City Code. That a new Section 18.32.030 of
the Auburn City Code be and the same hereby is created to read as follows:
18.32.030 Uses requiring an administrative use permit.
The following uses may be permitted when an administrative use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Auction houses, excluding animals;
B. Government facilities;
C. Religious institutions, to be located in existing facilities only.
Section 35. New Section to Citv Code. That a new Section 18.34.030 of
the Auburn City Code be and the same hereby is created to read as follows:
Ordinance No. 6269
September 25, 2009
Page 39 of 41
18.34.030 Uses requiring an administrative use permit.
The following uses may be permitted when an administrative use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Commercial laundries;
B. Commercial recreation, including animal race tracks;
C. Drive-in theaters;
D. Government facilities;
E. Motels;
F. Processing or pulping of wood or other fibers;
G. Taverns;
H. Warehouse sales, open to the public, must have a minimum of 50,000
square feet of floor space.
Section 36. New Section to Citv Code. That a new Section 18.44.025 of
the Auburn City Code be and the same hereby is created to read as follows:
18.44.025 Uses requiring an administrative use permit.
The following uses may be permitted in an I district when an administrative use
permit has been issued pursuant to the provisions of Chapter 18.64 ACC:
A. Colleges and universities.
Section 37. New Section to Citv Code. That a new Section 18.76.045 of
the Auburn City Code be and the same hereby is created to read as follows:
18.76.045 Uses requiring an administrative use permit.
A. The following uses may be permitted throughout the PUD as specifically
authorized by the development plan and when an administrative use permit has
been issued pursuant to the provisions of Chapter 18.64 ACC:
1. Civic, social and fraternal clubs;
2. Mini-daycare and daycare centers;
3. Preschools or nursery schools;
4. Religious institutions;
5. Utility substations;
6. Municipal Services:
a. Police;
b. Fire;
c. Library.
B. The following uses may be permitted in areas of the PUD with a
comprehensive plan designation of "Light Commercial" as specifically authorized
by the development plan and when an administrative use permit has been issued
pursuant to the provisions of Chapter 18.64 ACC:
1. Automobile service stations;
2. Drive-through facilities, including banks and restaurants;
3. Brewpubs.
Ordinance No. 6269
September 25, 2009
Page 40 of 41
Section 38. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 39. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 40. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
AP P,
Published:
Ordinance No. 6269
September 25, 2009
Page 41 of 41