HomeMy WebLinkAbout12-07-2015 Agenda Modification As' TY OF
WASHINGTON
TO: Members of the City Council
Mayor Backus
Department Directors
FROM: Danielle Daskam, City Clerk
SUBJECT: Agenda Modification
DATE: December 7, 2015
The December 7, 2015, City Council meeting agenda is modified to add the
following item:
XI. Resolutions
Resolution No. 5187* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
establishing a moratorium on acceptance or processing of applications
and other licenses, permits and approvals for residential uses in property
within the C-1, Light Commercial Zone
CITY Of
UaZnC_-- 6 AGENDA BILL APPROVAL FORM
,� WASHINGTON
Agenda Subject: Resolution No. 5187 Date: December 7, 2015
Department: CD & PW Attachments: Budget Impact:
Resolution No. 5187
Chapter 18.23 Auburn City Code
Map of Affected Parcels
Administrative Recommendation:
City Council adopt Resolution No. 5187.
Background Summary:
Table 18.23.030 (Permitted, Administrative, Conditional and Prohibited Uses by Zone) currently specifies
the permitted nature of residential land uses within the Light Commercial (C-1)zoning designation. ACC
18.23.020.0 specifies that the intent of the C-1 zoning designation is for lower intensity commercial
adjacent to residential neighborhoods. This Section further states that this zone generally serves as a
transition zone between higher and lower intensity land uses, providing retail and professional services.
This Section also states that the C-1 zoning designation represents the primary commercial designation
for small-to moderate-scale commercial activities compatible by having similar performance standards
and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities.
Finally, this Section specifies that the C-1 zone encourages leisure shopping and provides amenities
conducive to attracting shoppers and pedestrians.
Recent residential development proposals for current C-1 zoned properties in the City have caused staff
to question the overall consistency of residential land uses currently authorized by City Code for the C-1
zoning designation with the intent of this zoning designation as noted above. In order to allow for the City
Council, Planning Commission, citizens and staff adequate time to fully consider all the options and
alternatives for appropriate regulations, and to fully investigate and review all of the factors involved in
continuing to allow residential land uses in the C-1 zoning designation, staff recommends that the City
Council impose a one (1) year moratorium on the acceptance and processing of applications for all
residential land uses on properties zoned C-1.
A total of 261 parcels of land would be affected by the City Council's adoption of this Resolution.
However, the Resolution would only impose a moratorium on residential development on these affected
parcels. Non=residential development pursuant to adopted city code could still be pursued.subject to
compliance with applicable standards and regulations.
AUBUR * MORE THAN YOU IMAGINED
Agenda Subject: Resolution No. 5187 Date: December 7, 2015 ,
This Resolution is being processed in accordance with RCW 35A.63.220 (Moratoria, interim zoning
controls— Public hearing—Limitation on length)that specifies:
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing
on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted
moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the
legislative body received a recommendation on the matter from the planning agency. If the legislative
body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall
do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this
section may be effective for not longer than six months, but may be effective for up to one,year if a work
plan is developed for related studies providing for such a longer period. A moratorium of[or]interim
zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is
held and findings of fact are made prior to each renewal.
Section 6 of the Resolution specifies that the required public hearing by the City Council will be scheduled
for and held on January 19, 2016. A Notice of Public Hearing will be sent to all property owners of record
for the affected 261 parcels pursuant to the current property ownership records of the King County
Assessor's Office and Pierce County Assessor's Office. In addition, the City Clerk's Office will conduct
required public noticing in advance of the City Council's scheduled hearing on this matter.
Reviewed by Departments&Divisions:
❑ Mayor
❑ Finance ❑ Parks
❑ CD&PW ❑Admin
❑ Legal ❑ Police
❑ Public Works ❑Human Resources
❑ IT
Action:
Council Approval: ❑_Yes ❑No Call for Public Hearing
Referred to Until_
Tabled Until _/_/
Councilmember: Staff: Snyder
Meeting Date: December 7, 2015 Item Nllmb6i"
Page 2 of 2
RESOLUTION NO. 5 1 8 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM
ON ACCEPTANCE OR PROCESSING OF APPLICATIONS
AND OTHER LICENSES, PERMITS AND APPROVALS FOR
RESIDENTIAL USES IN PROPERTY WITHIN THE C-1, LIGHT
COMMERCIAL ZONE
WHEREAS, the current provisions of the Auburn City Code (ACC) provide for a
C-1, Light Commercial Zone; and
WHEREAS, the C-1, Light Commercial Zone provisions, Paragraph C of Section
18.23.020, ACC, identify its intent as follows:
The C-1 zone is intended for lower intensity commercial adjacent to residential
neighborhoods. This zone generally serves as a transition zone between higher
and lower intensity land uses, providing retail and professional services. This
zone represents the primary commercial designation for small to moderate-scale
commercial activities compatible by having similar performance standards and
should be developed in a manner which is consistent with and attracts
pedestrian-oriented activities. This zone encourages leisure shopping and
provides amenities conducive to attracting shoppers and pedestrians;
and
WHEREAS, the current provisions of the Auburn City Code, ACC 18.23.030,
identify a number of permitted uses for the C-1 zoning district, including:
Storage — Personal household storage facility (mini-storage); Commercial
recreation facility, indoor; Meeting facility, public or private; Movie theater, except
drive-in_; Religious institutions, lot size less than one acre; Religious institutions,
lot size more than one acre; Studio — Art, dance, martial_ arts, music, etc.;
Caretaker apartment; Live/work or work/live unit; Multi-family dwellings as part of
a mixed-use development; Nursing home, assisted living facility; Groceries,
specialty food stores; Outdoor displays and sales associated with a permitted
use (auto/vehicle sales not included in this category); Restaurant, cafe, coffee
shop; Community retail establishment; Neighborhood retail establishment;
Tasting room; Tavern; Wine production facility, small craft distillery, small craft
brewery; and all sales and services (excluding kennels and veterinary clinics)-7
Banking and related financial institutions, excluding drive-through facilities;
Catering services; Day care, including me day care, day care center, preschools
Resolution No. 5187
November 17, 2015
Page 1 of 6
or nursery schools; Dry cleaning and laundry services (personal); Hospitals;
Lodging-hotel or motel; Medical-dental clinic; Mortuary, funeral home,
crematorium; Personal service shops; Pharmacies; Print and copy shop;
Professional offices; Veterinary clinic, animal hospital; Broadcasting studio;
Parking facilities, public or commercial, surface; Parking facilities, public or
commercial, structured; 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 for the uses permitted. See ACC 18.02.120
(C)(6), unclassified uses;
and
WHEREAS, the current provisions of the Auburn City Code, ACC 18.23.030,
identify a number of administratively permitted uses for the C-1 zoning district, including:
Library, museum; Private school-specialized education/training (for profit); Senior
housing; Convenience store; Drive-through espresso stands; Drive-through
facilities including banks and restaurants; Entertainment, commercial; Animal day
care (excluding kennels and animal boarding); Government facilities, this
excludes offices and related uses that are permitted outright; Printing and
publishing (books, newspapers and other printed matter); Repair services-
equipment, appliances; Utility transmission or distribution line or substation;
Automobile washes (automatic, full or self-service); Auto parts sales with
installation services; Auto/vehicle sales and rental; Fueling station; Any
commercial use abutting a residential zone which has hours of operation outside
of the following: Sunday: 9:00 am to 10:0 pm or Monday-Saturday 7:00 am to
10:00 pm;
and
WHEREAS, questions have surfaced in terms of how residential uses fit within
the intended commercial transitional uses of the C-1 zone and what residential uses
should be permitted outright, conditionally permitted or permitted administratively in the
C-1 zone, as well as how this may affect what areas of the City should be designated as
C-1 zone properties; and
WHEREAS, in order to give the City adequate time to fully consider all the
options and alternatives for appropriate regulations, and to fully investigate and review
Resolution No. 5187
November 17, 2015
Page 2 of 6
all of the factors involved with residential uses in the C-1 zone and with designating
which areas of the City should be located within the C-1 zone, the City needs to impose
a moratorium on accepting and processing applications for any residential uses in the
current C-1 zone, until its review of needed regulations and its adoption and
implementation of needed regulations can be completed; and
WHEREAS, RCW Sections 35A.63.220 and 36.70A.390 authorize cities to adopt
moratoria; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate
for the City Council to hold public hearings and to authorize the holding of public
hearings and/or other means to gather information and adopt findings of fact supporting
and justifying the moratorium, and to implement a work plan for review of the issues
related to residential land uses in the C-1 light commercial zone and related to the
designation of areas of the City to be located in the C-1 light commercial zone, in the
development of and/or amendment to the City's business and land use regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a
moratorium is hereby imposed prohibiting the City from receiving and/or processing any
applications for any residential uses in any C-1 zoning districts in the City of Auburn.
Section 2. Term of Moratorium. The moratorium imposed by this resolution
shall become effective on the date hereof, and shall continue in effect for an initial
period of one year, unless repealed, extended or modified by the City Council after
subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW
Resolution No. 5187
November 17, 2015
Page 3 of 6
35A.63.220, provided that the moratorium shall automatically expire upon the effective
date of business licensing, zoning and land use regulations adopted by the City Council
to address residential uses in the C-1 zone and C-1 land uses in the City of Auburn.
Section 3. Preliminary Findings. The following preliminary findings of fact
are hereby adopted:
A. That current permitted C-1 land uses include residential uses, including
caretaker apartments, live/work and work/live units, multi-family dwellings as part of a
mixed-use development, standalone multiple-family dwellings, nursing home and
assisted living facilities, and senior housing, which residential uses raise the question of
consistency with the intended purposes of the C-1 zoning district, which residential uses
have the potential for significant impacts on abutting commercial properties and
adjacent properties in the community.
B. That current designation of C-1 zoned properties, likewise, has the
potential for significant impacts on commercial and residential neighborhoods and the
community, depending on allowed and permitted uses.
C. That because of the potential impacts of these uses and designations,
there is a need to fairly and reasonably evaluate, consider options and develop
appropriate legislation that satisfactorily addresses the C-1 residential use concerns and
related impacts on the City.
D. It is appropriate for City staff to collect and compile documentation,
information, testimony and statements of concerned citizens of the City and of other
persons interested in or familiar with the issues of C-1 residential uses, and consider
their impacts in order to fully explore ways to protect the City and its citizens from the
adverse impacts of such uses.
Section 4. Conclusion. Based on the above Findings of Fact, the City Council
concludes that the City has the authority to establish a moratorium, and that it is
appropriate and necessary to establish a moratorium to evaluate impacts, consider
options and decide how best to identify permitted C-1 residential uses and identification
of properties to be designated as being within the C-1 zoning district, as a stop-gap
measure in order to 1) provide the City with an opportunity to study the pertinent issues
Resolution No. 5187
November 17, 2015
Page 4 of 6
and alternatives; and 2) protect the health, safety and welfare of the citizens of Auburn
by ameliorating the adverse impacts of C-1 related residential uses.
Section 5. Work Plan. The following work plan 'is adopted to address the
issues involving C-1 light commercial zone designation and residential land use and
related regulations:
A. That the City of Auburn Planning Commission is authorized and directed
to hold public hearings and public meetings to fully receive and consider statements,
testimony, positions and other documentation or evidence related to the issues of
permitted residential land uses of the C-1 and designation of properties in the C-1
zoning district.
B. That the Planning Commission and City staff are authorized and directed
to review the experiences of other jurisdictions, the status of legal cases, and statistical
data, information, studies and other evidence compiled by other municipalities, of the
implications and options for light commercial zone related uses and businesses as
identified in the Auburn City Code, and to review State and Federal law and any other
information that is pertinent to consideration thereof.
C. That the City of Auburn Planning Commission shall work with City staff
and the citizenry of the City to develop proposals for C-1 zoning district permitted uses,
and related considerations, to be forwarded in their recommendations to the City
Council for inclusion in ordinances and ultimate adoption as a part of the City Codes of
the City of Auburn.
D. That the Mayor, in consultation with the City Attorney, the Director of
Community Development and Public Works and other staff, shall periodically advise and
report to the City Council as to the status of hearings, meetings and information
development regarding activities of the Planning Commission and City staff relative to
the evaluation, consideration and development of regulations, and options, related to
properties and land uses in a light commercial zoning district, with such reports to be
scheduled approximately every six (6) months or as appropriate throughout the period
of the moratorium and any extensions thereof, until adoption of comprehensive
ordinance and regulations are developed, adopted and implemented, relating to C-1
property designations and related land uses and businesses becoming effective in
conjunction with the termination of the moratorium referred to in this Resolution.
Section 6. Public Hearing. A public hearing shall be scheduled for 7:00
p.m. or as soon thereafter as the matter may be heard, on the 19th day of January,
Resolution No. 5187
November 17, 2015
Page 5 of 6
2016, in City Council Chambers, 25 West Main Street, Auburn, Washington 98001, to
hear and consider the comments and testimony of those wishing to speak at such public
hearing regarding the moratorium.
Section 7. Severability. If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, or its application held inapplicable to any person, property or circumstance,
such invalidity or unconstitutionality or inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circumstance.
Section 8. Effective Date. That this Resolution shall take effect and be in
full force upon passage and signatures hereon.
Dated and Signed this day of , 2015.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Danfel B. Held, City Attorney
Resolution No. 5187
November 17, 2015
.Page 6 of 6
Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 1 of 15
Chapter 18.23
COMMERCIAL AND INDUSTRIAL ZONES
Sections:
18.23.010 Purpose.
18.23.020 Intent of commercial and industrial.zones.
18.23.030 Uses.
18.23.040 Development standards.
18.23.050 Additional development standards for C-2, central business zone.
18.23.060 Additional development standards for the EP, environmental park zone.
18.23.010 Purpose..
........................................................................................................................-...._...................................................................._......_..................................-_._.............-....................
This chapter lists the land uses that may be allowed within the commercial and Industrial zones
established by ACC 18.02.070(Establishment of zones),determines the type ofland use approval
required for each use, and provides basic and additional development standards for sites,
buildings, and associated improvements. (Ord. 6433§26,2012.)
18.23.020 Intent of commercial and industrial zones.
.................................................................................................................................::..........................::.....,......:........................................................................
.._......................:...............
A. General.This section describes the intent for each of the city's commercial and industrial zones.
These intent statements are to be used to guide the interpretation of the regulations associated with
each zone. The planning director is authorized to make interpretations of these regulations based
on his/her analysis of them together with clear and objective reasons for such interpretation.
B. C-N, Neighborhood Shopping Center Zone.The C-N zone is intended to provide areas i
appropriate for neighborhood shopping establishments which provide limited retail business, service
and office facilities for the convenience of residents of the neighborhood.A neighborhood shopping
center is designed and located so as to minimize traffic congestion on public highways and streets in
its vicinity and to best fit the general land use pattern of the area to be served by the center.The
protective standards contained in this chapter are intended to minimize any adverse effect of the
neighborhood shopping center on nearby property values and to provide for safe and efficient use
of the neighborhood shopping center itself.
C. C-1, Light Commercial Zone. The C-1 zone is intended for lower intensity commercial adjacent to
residential neighborhoods. This zone generally serves as a transition zone between higher and lower
intensity land uses, providing retail and professional services.This zone represents the primary
commercial designation for small-to moderate-scale commercial activities compatible by having
similar performance standards and should be developed in a manner which is consistent with and
attracts pedestrian-oriented activities.This zone encourages leisure shopping and provides amenities
conducive to attracting shoppers and pedestrians.
D. C-2 Central Business District Zone.The intent of the C-2 zone is to set apart the portion of the city
proximate to the center for financial,commercial, governmental, professional, and cultural activities.
Uses in the C-2 zone have common or similar performance standards in that they represent types of
enterprises involving the rendering of services, both professional or to the person, or on-premises
retail activities.This zone encourages and provides amenities conducive to attracting pedestrians.
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 2 of 15
E. C-3, Heavy Commercial Zone.The intent of the C-3 zone is to allow for medium to high intensity
uses consisting of a wide range of retail, commercial, entertainment, office, services, and professional
uses.This zone is intended to accommodate uses which are oriented to automobiles either as a
mode or target of the commercial service while fostering a pedestrian orientation.The uses allowed
can include outside activities, display,fabrication or service features when not the predominant
portion of the use.The uses enumerated in this classification have potential for impacts to
surrounding properties and street systems than those uses permitted in the more restrictive
commercial classifications.
F. C-4, Mixed-Use Commercial Zone. The intent of the C4 zone is to provide for a pedestrian-
oriented mix of retail,office, and limited multiple-family residential uses.This classification is also
intended to allow flexibility in design and the combination of uses that is responsive to market
demands.The uses enumerated in this classification anticipate a mix of multiple-family residential,
retail, and office uses that are coordinated through a site-specific planning process.The multiple-
family residential must be located in a multi-story building;the ground floor of which must contain a
permitted use or combination of uses, other than parking,as listed in this chapter.Certain heavy
commercial uses permitted in other commercial classifications are not permitted in this zone
because of the potential for conflicts with multifamily residential uses, in order to achieve a quality of
environment that is conducive to this mix of uses.
G. M-1, Light Industrial Zone.The intent of the M-1 zone is to accommodate a variety of industrial,
commercial, and limited residential uses in an industrial park environment,to preserve land primarily
for light industrial and commercial uses, to implement the economic goals of the comprehensive
plan and to provide a greater flexibility within the zoning regulations for those uses which are non-
nuisance in terms of air and water pollution, noise,vibration,glare or odor.The light
industrial/commercial character of this zone is intended to address the way in which industrial and
commercial uses are carried out rather than the actual types of products made.
The character of this zone will limit the type of primary activities which may be conducted outside of I
enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors
or involve hazardous materials are considered heavy industrial uses under this title and are not
appropriate for the M-1 zone.An essential aspect of this zone is the need to maintain a quality of
development that attracts rather than discourages further investment in light industrial and
commercial development. Consequently, site activities which could distract from the visual quality of
development of those areas, such as outdoor storage, should be strictly regulated within this zone.
H. EP, Environmental Park Zone. The environmental park district is intended to allow uses in
proximity to the Auburn Environmental Park that benefit from that location and will complement the
park and its environmental focus. Uses allowed in this zone will focus upon medical, biotech and
"green"technologies including energy conservation, engineering,water quality and similar uses.
Other uses complementary to and supporting these uses are also allowed. Incorporation of
sustainable design and green building practices will be a primary aspect of this zone.The
construction of leadership in energy and environmental design (LEED)and built green certified
buildings is encouraged and built green will be required for multiple-family dwellings. The city
recognizes that much of the property in this zone was developed under earlier standards, so the
goals of the district will be realized over a period of time as properties are redeveloped.
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 3 of 15
I. M-2, Heavy Industrial Zone.The M-2 zone Is intended to accommodate a broad range of
manufacturing and industrial uses. Permitted activity may vary from medium to higher Intensity uses
that involve the manufacture,fabrication, assembly,or processing of raw and/or finished materials.
Heavy industrial uses should not be located near residential development.
While other uses may be sited within this zone, permits for such uses should not be issued if such
uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial
sites, or produce traffic in conflict with the industrial uses. (Ord. 6433§26,2012.)
18.23.030 Uses.
......................................................................................................._....................:.........................._....................................................................................................................................
A. General Permit Requirements. Table 18.23.030 identifies the uses of land allowed in each
commercial and industrial zone and the land use approval process required to establish each use.
B. Requirements for Certain Specific Land Uses.Where the last column in Table 18.23.030
("Standards for Specific Land Uses")includes a reference to a code section number,the referenced
section determines other requirements and standards applicable to the use regardless of whether it is
permitted outright or:requires an administrative or conditional use permit.
Table 18.23.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone
PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted
C=Conditional
A—Administrativ
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land
C-N C-1 C-2 C-3 C-4 M-1 EP M=2 Uses
INDUSTRIAL,MANUFACTURING AND PROCESSING,WHOLESALING
Building contractor, light X X X P X P X P
Building contractor, heavy X X X X X A X P
Manufacturing, assembling X X X P X P P P ACC 18.31_.180
and packaging—Light
Intensity
Manufacturing, assembling X X X A X P A P ACC 1.8.31.1.80
and packaging—Medium
intensity
Manufacturing, assembling X X X X X X X A ACC 18.31.180
and packaging—Heavy
intensity
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Chapter 18.23 CON MRCIAL AND INDUSTRIAL ZONES Page 4 of 15
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted
C—Conditional
A—Administrativ
X—Prohibited
Zoning Designation Standards for
LAND USE � Specific Land
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses
Outdoor storage, Incidental X X X P X P P P ACC 18.57.020(1
to principal permitted use on
property
Storage—Personal household X P X P X P X P ACC 18.57.020(E
storage facility(mini-storage)
Warehousing and distribution X X X X X P P C ACC 18.57.020((
Warehousing and distribution, X X X P X P P P
bonded and located within a
designated foreign trade zone
Wholesaling with on-site retail X X X P X P P P
as an Incidental use(coffee,
bakery, e.g.)
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation X P P P P P P A
facility, indoor
Commercial recreation X X X A X P A A ACC 18.57.025()
facility, outdoor
Conference/convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or A P P P X A P A
private
Movie theater,except drive-in X P P P P X X X
Private school—Specialized A A P P P P P P
education/training (for profit)
Religious institutions, lot A P P P A A A A
size less than one acre
Religious institutions, lot C P P P A A A A
size more than one acre
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 5 of 15
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted
C—Conditional
A—Administrativ
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses
Sexually oriented businesses X X X P X P X P Chapter 18.74
ACC
Sports and entertainment X X A A X A X A
assembly facility
Studio—Art, dance, martial P P P P P P A A
arts, music,etc.
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/work or work/live unit X P P P P P P X
Multiple-family dwellings as X P P P P P P X ACC 18.57.030(1
part of a mixed-use
development
Multiple-family dwellings, X X X X X X X X ACC 18.57.030(E
stand-alone
Nursing home, assisted X P P P C X X X
living facility
Senior housing X A A IA X X X IX
RETAIL
Building and landscape X X X P X P X P ACC 18.57.035(/
materials sales
Construction and heavy X X X X X A X P
equipment sales and rental
Convenience store A A P P X P P P
Drive-through espresso A A A P A P A A
stands
Drive-through facility, A A A P P P X P ACC 18.52.040
including banks and
restaurants
Entertainment,commercial X A P P X I A X A
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 6 of 15
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted
C—Conditional
A—Administrativ
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Uses
Groceries, specialty food P P P P P P P X ACC 18.57.035(E
stores
Nursery X X X P A P X P ACC 18.57.035((
Outdoor displays and sales P P P P P P P P ACC 18.57.035([
associated with a permitted
use(auto/vehicle sales not
included in this category)
Restaurant,cafe,coffee shop P P P P P P P P
Retail
Community retail A P P P P P X P
establishment
Neighborhood retail P P P P P P X P
establishment
Regional retail X X X P P P X A
establishment
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility, A P P P P P P P
small craft distillery,small
craft brewery
SERVICES
Animal daycare(excluding A A A P A P X IP ACC 18.57.040(/
kennels and animal boarding)
Animal sales and services P P P P P P X P ACC 18.57.040(E
(excluding kennels and
veterinary clinics)
Banking and related financial P P P P P P P P
institutions, excluding drive-
through facilities
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 7 of 15
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted
C—Conditional
A—Administrativ
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land
C-N C-1 C-2 C-3 C-4 M-1 EP M-2 Us'
ses
Catering service P P P P A P A P
Daycare, including mini A P P P P P P X
daycare, daycare center,
preschools or nursery
schools
Dry cleaning and laundry P P P P P P P P
service(personal)
Equipment rental and leasing X X X P X P X P
i
Kennel, animal boarding X X X A X A X A ACC 18.57.040((
Government facilities,this A A A A A A A A
excludes offices and related
uses that are permitted
outright
Hospital X P P P X P X P
Lodging—Hotel or motel X P P P P A P A
Medical—Dental clinic P P P P P P X X
Mortuary,funeral home, A P X P X P X X
crematorium
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing(of X A P P P P P P
books, newspaper and other
printed matter)
Professional offices P P P P P P P P
Repair service—Equipment, X A P P P P X P ACC 18.57.040([
appliances
Veterinary clinic, animal A P P P P IP X X
hospital
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 8 of 15
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted
C—Conditional
A—Administrativ
X—Prohibited
Zoning Designation Standards for
LAND USE - - - Specific Land
M-1 EP M-2
C-N C-1 C-2 C-3 C-4 Uses
TRANSPORTATION,COMMUNICATIONS AND INFRASTRUCTURE
Ambulance,taxi, and X X X A X P X P
specialized transportation
facility
Broadcasting studio X P X P X P X P
Heliport X X X 1C X 1C X C
Motor freight terminal X X X X X X X X See Footnote No
1
Parking facility, public or X P P P P P P X
commercial, surface
Parking facility, public or X P P P P P P X
commercial, structured
Towing storage yard X X X X X A X P ACC 18.57.045(1
Utility transmission or A A A A A A A A 1
distribution line or substation
Wireless communication — — — — — — — — ACC 18.04.912, j
facility(WCF) 18.31.100
I
i
VEHICLE SALES AND SERVICES I
Automobile washes X A X P P P X P ACC 18.57:050()
(automatic, full or self-service)
Auto parts sales with X A A P P P X P
installation services
Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(E
Fueling station X A A P P P X P ACC 18.57.050((
Mobile home, boat, or RV X X X P X P X P
sales
Vehicle services— X X A P X P X P ACC 18.57.050([
Repair/body work
OTHER
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 9 of 15
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND PROHIBITED USEs BY ZONE P—Permitted
C—Conditional
A—Administrativ
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land
C-N C-1 C-2 C-3 Cam{ M-1 EP M-2 Uses
Any commercial use abutting A A A A A A A A
a residential zone which has
hours of operations outside of
the following: Sunday:9:00
a.m..to 10:00 p.m.or Monday
—Saturday: 7:00 a.m.to 10:00
p.m.
Other uses may be permitted P P P P P P P P
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. See ACC
18.02.120(C)(6), Unclassified
Uses.
Any motor freight terminal,as defined by ACC 18.04.635,in existence as of the effective date of the
ordinance codified in this section, is an outright permitted use in the M-1 and M-2 zone..Any
maintenance,alterations and additions to an existing motor freight terminal which are consistent with
ACC 18.23.040, Development standards,are allowed.
(Ord.6508§ 1,2014;Ord.6433§26,2012.)
18.23.040 Development standards.
........................................................_..............................................................................................................................................................................................................................
A. Hereafter, no use shall be conducted and no building, structure and appurtenance shall be
erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the
requirements in Tables 18.23.040A(C-N, C-1, C-2, C-3, and C-4 Zone Development Standards) and
18.23.0406 (M-1, EP and M-2 Zone Development Standards)and in compliance with the provisions
of this title, and then only after securing all permits and approvals required hereby.These standards
may be modified through either an administrative variance or variance, subject to the procedures of
Chapter 18.70 ACC.
Table 18.23.040A C-N,C-1, C-2,C-3,and C-4 Zone Development Standards
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 10 of 15
Development Requirement by Zone
Standard C-N C-1 C-2 C-3 C-4
Neighborhood Light Central Heavy Mixed-Use
Shopping Center Commercial Business Commercial Commercia
Minimum lot area 2 acres None None None None(1)
Minimum lot None None None None None
width,depth
Maximum lot 55 percent None one None None
coverage
Minimum Minimum setbacks required for structures. See also ACC 18.31.070 for specific
setbacks exceptions to these setback standards.
Front 50 ft 20 ft None 20 ft 20 tt
Side—Interior None(2) None (2) None None(2) None(2)
I
Side-Street 50 ft 15 ft None 15 ft 15 ft
Rear None(2) None(2) None None(2) None(2)
Height limit Maximum allowable height of structures. See also ACC 18.31.030(Height limitations—
Exceptions)for specific height limit exceptions.
Maximum height 30 ft 45 ft.(3) ACC 75 ft 75 ft
18.23.050
Additional None None ACC None None
development 18.23.050
standards
Fences and See Chapter 18.31 ACC
hedges
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming See Chapter 18.54 ACC
structures, land
and uses
Notes:
(1)Residential uses:no minimum lot size;provided,that residential density does not exceed 20 units per
gross acre(this includes privately owned open space tracts but excludes dedicated public roads).
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 11 of 15
(2)A 25-foot setback is required when adjacent to a residential.zone.
(3) Buildings within the Auburn north business area, as established by Resolution No.2283, may exceed 45
feet If one additional foot of setback is provided from each property line(or required minimum setback)for
each foot the building exceeds 45 feet in height.
Table 18.23.040B M-1, EP and M-2 Zone Development Standards
Development Standard Requirement by Zone
M-1 EP M-2
Light Industrial Environmental Park Heavy Industria
Minimum lot area None None None
Minimum lot width,depth None None None
Maximum lot coverage None 35 percent None
Minimum setbacks Minimum setbacks required for structures. See also ACC 18.31.070 for specit
exceptions to these standards.
Front 20 ft 20 ft 30 ft
Side—Interior None (1) 15 ft None(1)
Side—Corner 20 ft 20 ft 30 ft
Rear None (1) 20 ft(1) None(1)
Height limit Maximum allowable height ofstructures. See also ACC 18.31.030(Height
limitations—Exceptions)for specific height limit exceptions.
Maximum height 45 ft(2) 35 ft 45 ft(2)
Additional development None ACC 18.23.060 None
standards
Fences and hedges See Chapter 18.31 ACC
Landscaping See Chapter 18.50 ACC
Parking See Chapter 18.52 ACC
Signs See Chapter 18.56 ACC
Lighting See Chapter 18.55 ACC
Nonconforming See Chapter 18.54 ACC
structures, land and uses
Notes:
(1)A 25-foot setback is required when adjacent to a residential zone.
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 12 of 15
(2)Buildings may exceed 45 feet if one foot of setback is provided from each property line(or required
minimum setback)for each foot the building exceeds 45 feet.
(Ord.6433§'26,2012.)
18.23.050 Additional development standards for C-2, central business zone.
....................................................._....................................................................................._....__..................................._...............................................................................................
A. Maximum Building Height.
1.The maximum height of that portion of a building that abuts a street(s)shall be no higher
than the right-of-way width of the abutting street(s). Building height may increase;provided,
that the building is stepped back one foot(from the abutting street right(s)-of-way)for each foot
of increased building height.
2. If the building abuts more than one street and the abutting streets have different right-of-
way widths,then the height of the building allowed at any street frontage shall be the average
of the abutting street right-of-way widths.
3.The following rooftop features may extend up to 15 feet above the maximum height limit: stair
towers, elevator penthouses, and screened mechanical equipment.
B. Minimum setbacks: none required, see subsection D of this section for specific building
orientation requirements.
C. Fences shall be decorative and relate architecturally to the associated building.Acceptable
materials are brick,wood, stone, metal, or textured concrete.Typical galvanized wire mesh (chain
link), barbed wire or razor wire are not permitted. For further information see Chapter 18.31 ACC.
The provisions of this section shall not apply to temporary fences required during construction
projects permitted by the city.
D. Building Orientation Requirements.The following requirements apply to the construction of all new
buildings or structures:
1. Existing buildings or structures, including facades,that do not have setbacks or otherwise
cannot comply are exempt from these requirements regardless of the amount of improvement's
made to the building, structure or facade as long as any alteration does not make the existing
facade more nonconforming.
2. Existing buildings, structures, or facades that are set back and within 20 feet of a street
shall comply to the fullest extent possible as determined by the planning director,with the
following requirements when any cumulative structural improvements are made that exceed 50
percent of the assessed value of the existing building, structure, or facade.
3.Any addition to an existing building, regardless of value,that will be within 20 feet of a street
shall also comply to the fullest extent possible,as determined by the planning director,with
the following requirements.
a. For each lineal foot of frontage a building has on a street,there shall be provided an
area(s)for pedestrian amenities at the rate of one square foot of ground area for each lineal
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Chapter 18:23 COMMERCIAL AND INDUSTRIAL ZONES Page 13 of 15
foot of building frontage. Pedestrian amenities shall consist of such features as
landscaping, benches, entryways with accents such as brick pavers, artwork,or a
combination of these or similar features. The pedestrian amenities shall be located on the
property between the street right-of;-way and the building.The planning director shall
approve the amount and type of the pedestrian amenities.
b. For buildings that have a street frontage that exceeds 50 feet, then at least 25 percent of
the building's frontage shall be immediately adjacent to the street right-of-way.
c. For buildings that have a street frontage that is less than 25 feet,then no pedestrian
amenities will be required and the building may be located at the property line.There shall,
however, be provided a landing in front of each door that opens to a street that is large
enough such that no part of any door will encroach into the street right-of-way when the
door is being opened or closed.
d. For buildings that provide additional setbacks, except as restricted by subsection(D)(3)
(b)of this section, the area between the street right-of-way and the building shall only
contain pedestrian amenities.
e. If a building has more than two street frontages, then at least two of the frontages shall
comply with subsections(13)(3)(b)and (g)of this section and contain pedestrian amenities
between the building and the street right-of-way.Any remaining frontages shall either
have pedestrian amenities, windows, murals,flat surfaced artwork or other similar
architectural features that would avoid large blank walls.
f: For new buildings that will in-fill between two other existing buildings,the new building
shall be set back no further than either of the adjacent buildings unless additional setback
is required to comply with subsection (D)(3)(a)of this section.The proposed setback shall
be reviewed by the planning director to ensure the setback will maintain building
continuity along the street.
g. Buildings shall have windows that.encompass at least 60 percent of the first floor facade
and at least 40 percent of the facade of each additional floor.At least 50 percent of the area
of the first floor windows of nonresidential buildings shall provide visibility to the inside of
the building. This subsection shall only apply to the facades of new buildings with street
frontage and shall not lessen the requirements of the Uniform Building or Fire Codes.
h. The building's principal pedestrian entrance shall be oriented to the street. If the
building is at a comer, either street or alley,then the principal pedestrian entrance shall be
at the corner unless a better architectural design is attained at another location and
approved by the planning director.
i. Buildings that are at the intersection of either two streets or a street and an alley shall
provide for a sight distance triangular setback as required by Chapter 18.31 ACC.These
triangular areas may contain pedestrian amenities that satisfy the requirements of
subsection(D)(3)(a)of this section.
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 14 of 15
j. A site plan shall be prepared by the proponent which addresses compliance with the
requirements as outlined in subsections(D)(3)(a)through(i)of this section.The site plan
shall be approved by the planning director prior to the submittal of any building permit.
k. For the sole purposes of this subsection D the term"street"shall include the right-of-
way of private and public streets.The term shall also include pedestrian walkways,
encumbered by an easement or similar means,that are used by the general public to travel
from one property to another.
i
E. 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.
F. Stair towers and elevator penthouses shall be designed to be architecturally integrated into the
principal structure.This may include using the same building materials, repeating common
building forms,colors or elements, or incorporating the roof and wall of the stair tower or elevator
penthouse into the upper wall of the structure. (Ord.6433§26,2012.)
18.23.060 Additional development standards for the EP, environmental park zone.
A. Fences and Hedges. Fences shall be decorative and relate architecturally to the associated
building.Acceptable materials are brick, wood, stone, metal,or textured concrete. Colored chain link
fences may be allowed subject to the planning director's approval. Barbed wire or razor wire
fences are not permitted. For further information on fencing see ACC 18.31.020.The provisions of
this section shall not apply to temporary fences during construction projects permitted by the city.
B. Loading and unloading docks shall not be visible from the street.
C. 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;
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Chapter 18.23 COMMERCIAL AND INDUSTRIAL ZONES Page 15 of 15
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. (Ord.6433§26, 2012.)
n
The Auburn Municipal Code is current through Ordinance
6574,passed October 19,2015.
Disclaimer:The City Clerk's Office has the official version of the
Auburn Municipal Code. Users should contact the City Clerk's I
Office for ordinances passed subsequent to the ordinance cited
above.
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