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HomeMy WebLinkAbout1702VOL 456,16 PAGE 113 STATE OF WASHINGTON, ss. COUNTY OF KING I, Elisabeth Heritage, the duly elected, qualified and acting City Clerk of the City of Auburn, a Municipal corporation of the third class, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 1702 , of the ordinances of the said The City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON ESTABLISHING COMPREHENSIVE LAND USE CLASSIFICATIONS AND D►STRI�TS IN THE CITY OF AUBURN AND PROVIDING FOR THE ADMINIS- TRATION, ENFORCEMENT AND AMENDMENT THEREOF; PRESCRIBING CERTAIN REGULATIONS FOR EACH OF SAID USE DISTRICTS; ADOPTING A MAP DIVID- ING THE CITY INTO SUCH USE DISTRICTS: AND REPEALING ORDINANCE NO. 1423 OF THE CITY OF AUBURN AND ALL AMENDMENTS THERETO AND ALL OTHER ORDINANCES OR SECTIONS THEREOF WHICH ARE IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE." I FURTHER CERTIFY THAT THE ATTACHED COMPREHENSIVE ZONING MAP IS A FULL, TRUE AND CORRECT COPY OF THE COMPREHENSIVE ZONING MAP OF THE CITY OF AUBURN, DULY ADOPTED BY ORDINANCE N0. 1702. further certify that said Ordinance No. 1702 was duly passed by the;Council and approved by the Mayor of the said The City of -Auburn, and published as provided by law in The Auburn Globe News; a.weekly newspaper published in the City of Auburn, and of general circulation therein, on the 5th day of August A.D., Ig 64 Witness my hand and the official seal this 10th day of Augus (Signed) of the Cl ty o'f `Auburn, A.D., ,T9 YsjL ty C I erk of the Clty 'of �r�n``` i � .l �� � � 1./' " J � 9� i � P �" � � -n k � � A [ r r f�''FF .� T.P.�., 1 � - � � � ' �' f�''FF .� T.P.�., 4i'J � . R x� t ��:��� 2 3 � _ � _ � i. + _� � d a�;.a�dvE.-*��m�b; ��z�as,+:sas�+s'�`"°_. �� ^a I ��=tt Ci #.J ci�'r i �, > � .,,.p � i .� � I I i • — � . , . ..... � ;� � � � ,. .. . I � { _, v �� , ,..:. l_,..... ........ ` , . w.� . ,....... .. ,. . _ .., '.. I %� CITY op AUBURN TH CbMPkEHENS/VF ZON/NG ORD/NANCE Ord. 1702 ard. 1702 TABLE OF CONTENTS CHAPTER PAGE 11 .04 TITLE AND PURPOSE • ,......• ................°"°•°°°••........01 010 NAME AND CITATION. .020 PURPOSE AND SCOPE..•.....•......................•...,.••..01 ••.......•• ..........................01-02 11.08 11.12 .010 .020 .030 11.13 .010 ,020 .030 .040 .050 .060 DEFINITIONS ..................•............. ...............03-08 ESTABLISHMENT OF DISTRICTS ...•., .......09 LIST OF DISTRICTS ...�............... 7.ONING MAP°,..............•........................09 INTERPRETATION BOF�DISTRICT �BOUNDARIES .....................09 ...................09 COMMERCIAL -- INDUSTRIAL USE PERMITS........ PURPOSE AND SCOPE®a ..............10 DEFINITIONS , ................................•......10 PERMIT REQUIRED ,® ............................... ........10 BUILDING INSPECTOR �TOOISSUE �PERMIT ........................10 COMPLETION AND RESTORATION.. ............11 PENALTIES „ ....................... •.....11 ...............................................11 11.16 REGULATIONS, . .12 ,010 APPLICATION OFREGUL.ATION................................12 .005 RESIDENTIAL. SINGLE FAMILY (35,000)®R -S ................... .010 RESIDENTIAL SINGLE FAMILY DISTRICT (89000) R-1 ............ 1618 .015 RESIDENTIAL SINGLE FAMILY DISTRICT (6,000) R-2 ............ 19-21 .020 RESIDENTIAL TWO-FAMILY (DUPLEX DISTRICT) R-3 .......... ...22-24 .025 MULTIPLE FAMILY RESIDENTIAL DISTRICT MEDIUM DENSITY) R-4.25-27 .030 MULTIPLE FAMILY RESIDENTIAL DISTRICTHIGH DENSITY) RM....28-29 .035 RESIDENTIAL MOBILE HOME - R -T....,...®.. .040 MOB1'LE HOME PARK - R-T�,ae,o,,,, ...'.......... 30-31 .070 AGRICULTURAL DISTRICT - A-10 ."�.......................32-36 .080 GENERAL COMMERCIAL - C -S ..............................37 .085 CENTRAL. BUSINESS DISTRICT -�(CBD).........................38-43 .090 HEAVY COMMERCIAL - C-3 „ .�. C-2° ..................44-48 .095 WHOLESALE COMMERCIAL - C-4 ................................49-54 .100 NEIGHBORHOOD SHOPPING..............................55-58 .120 C -N. .. ....•...........x.........59-62. LIGHT INDUSTRIAL DISTRICT - M-1......... .130 HEAVY INDUSTRIAL DISTRICT - M-2 ...........................63, .140 AIRPORT LANDING FIELD DISTRICT - LF "............64 .150 PUBLIC USE DISTRICT - P-1........ ..............65-70 . .155 UNCLASSIFIED USE DISTRICT®o ..........71 .160 MINIMUM OFF-STREET PARKING AND �LOADING �REQUIREMENTS .,,,®,73_76 .170 YARD PROJECTIONS........°... ......77-78 .180 FENCE AND HEDGE REGULATIONS..............®.e°° .190 SPECIAL HEIGHT LIMITATIONS ............. .................79 - - -.200- SPECIAL AREA -AND -WIDTH REQUIREMENTS FOR.LOTS ..............80 .210 SPECIAL YARD DIMENSIONS ............... .220 SPECIAL. PROPERTY USES . ...............••.,,80-81 .230 HOME OCCUPATIONS.°...................................82-84. .235 CONDITIONAL USES,•...............................•........85 ..................•.....................86 TABLE OF CONTENTS Continued CHAPTER 11.16 Continued .240 SIGNS. ............. .250 LOCATION OF ACCESSORY BUILDINGS .260 INDUSTRIAL PERFORMANCE STANDARDS .270 NONCONFORMING BUILDINGS AND USES .280 MINIMUM LANDSCAPING REQUIREMENTS I -r 11 % PAGE ...........................87-88 ...........................89 ..........................90-91 ..........................92-94 ..........................95-100 (Maps - LAaMy esV Q ave . ................................101-103 11.20 ADMINISTRATION .010 ENFORCEMENT ...............................................104 11.22 BOARD OF ADJUSTMENT .010 DEFINITIONS ...........................105p106 ..... .. .......... .................. .020 CREATION OF BOARD -OF -ADJUSTMENT .................... : ........ 107 .030 POWERS AND DUTIES GENERAL .................................107 .040 TEMPORARY USES ............................................ 107_ .050 SPECIAL EXCEPTIONS ........................................107-108 .060 VARIANCES ....................................108-109 CONDITIONA- .065 1 E ERM I . ..................................109-110 .070 BOARD PROCEDURE - GENERAL ...........................110 .080 PROCEDURE - FILING APPLICATIONS ...........................110 .090 PROCEDURE - BOARD HEARINGS ................................ 110-111 .100 PROCEDURE - DECISIONS OF THE BOARD - APPEAL ............... Ill .110 STAY ......................................................111 11.24 AMENDMENT .010 AUTHORITY OF COUNCIL ......................................112 .020 PROCEDUREFkii�i .... ............. 112-113 .030 RESUBMISSI6N*6 0 s .. .. . ..... .... ............. 113 * 11.28 MISCELLANEOUS .010 INTERPRETATION OF REGULATIONS ..............................114 .020 VIOLATIONS AND PENALTIES ..................................114 .030 VALIDITY ..................................................115 m TITLE 11 ZONING* Chapters: 11.04 Title and Purpose 11.08 Definitions 11.12 Establishment of Districts 11.13 Commercial --Industrial Use Permits 11.16 Regulations 11.20 Administration 11.22 Board of Adjustment 11.24 Amendment 11.28 Miscellaneous Lh2pter 11.04 Title and Purp.2se, 11.04.010 Name and citation. This title shall be known and may be cited as"Th—e{a�-bu—y�'n—Comprehensive —ZoFiTg--Ordinance." (Ord. 1702 Sl, 1964). 11.04.020 e citPurpos and scope. There is established a comprehensive zoning 1 --'— plan for thy, whicplan i's set forth in the text and map that constitutes the ordinance codified -in this title, in accordance with Chapter 44 of the Laws of -the state of Washington for the year 1935, as amended, in order to: 1. Regulate and restrict the location and use of buildings, structures and land for residence, trade, industrial and other purposes. 2. Regulate the height, number of stories, size, construct -ion and design of buildings and other structures; the size of yards, courts and other open spaces; the density of population; and the setback of buildings along highways, parks, or public water frontages. 3. For any or all of such purposes, the council may divide the city or any portion -thereof into districts of such size, shape and area, or may establish such official maps as may be deemed best suited to carry out -the regulations and provide for their enforcement. The provisions of this title are designated to guide and regulate the future growth of the city in accordance with a comprehensive land use plan and are deemed necessary in order: (a) To promote the interest of health, safety, morals and the general welfare. (b) To secure safety from fire and to provide adequate open spaces for light and air. (c) To prevent the overcrowding of land. (d) To avoid undue concentration of population. I— (e) To conserve and stabilize property values. M To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. (Ord. 1702 S2,passed July 6, 1964). 2 , CHAPTER 11.08 Definitions 11 .08.010 GenerjjjL,_ For the purpose of this title the following words and phrases shall have the meanings set forth in this chap -ter. (Ord. 1702 S3 (part), passed July 6, '1964). 11.08.020 AccessoELuse. The term "accessory use" shall mean a use cus- tomarily 'incident 7al and -subordinate to the principal use or building and located on 'the same lot with such principal use or building. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.030 Alley. The word "alley" shall mean a passageway open to public travel which affords a secondary public means of vehicular access to abutting property and not intended for general traffic circulation. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.040 Alteration structural. The term "structural alteration" shall mean any change or rearrangement in the structural parts, or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.050 _--Apartment house. The term "apartment house" shall mean a building arranged, fn—t6nded or designed to' -be occupied by three or more families living inde- pendently of each other. (Ord. 1702 S3 (part), passed July 6, 1964). I1 .08.060 Area, bUilojn j. The term "building area" shall mean the maximum horiT6-ntal—area -of- a--B-u-iTdi—nd andf its accessories at the ground level except as here- inafter provided with respect to accessory garages in residential districts. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.070 Automobile trailer and equipment sales area. The term "automobile trailer and equipment sales area shall mean an Topen area, other than a street or alley, used for the display, sale or rental of new or used automobiles, trailers or other equipment. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.080 Boardipa_Louse. The term "boarding house" shall mean any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a boarding house. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.090 Building, accesLor y._ The term "accessory building" shall mean a supplemental buFI_d`ing_7tFe use of which is incidental to that of the main or principal building on the same lot -therewith. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.100 Bu i I d Lnb The term "height of building" shall mean the vertical distance measured -from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.110 Building line. The -term "building line" shall mean a line, estab- 1 '6 - by Ta -w, —, ish bey_o_n.J_w_Ti`ich �­building shall not extend except as specifically provid- ed by law. (Ord. 1702 S3 (part), passed July 6, 1964). '11.08.120 Building, maim. The term "main building" shall mean any structure housing the principal use of a property. (Ord. 1702 S3 (part), passed July 6, 1964). 3 11.08.130 CarRort, The term "carport" shall mean any structure or portion of a 017ing or structure, other than an attached or detached garage, used for the shelter of self-propelled vehicles. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.140 Commercial vehicle. The term "commercial vehicle" shall mean a motor vehicle or purposes other than a family car, such as a taxi, delivery or service vehicle. (Ord. 1702 A (part), passed July 6, 1964). 11.08.150 Covera e lot.. The term "lot coverage" shall mean that percentage of the plot or lot-area covered by the building area. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.160 Doo kennel. The term "dog kennel" shall mean the keeping of more than Fo6`r­d`6`gs­-f`hYFare more than six months old. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.170 DwelAn9_,_UTo;p. The term "group dwelling" shall mean a group of dwelr5`gsoccupying a lot and-F5? ng one yard in common. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.180 Dwelling, 0 f 'l The term "one-family dwelling" shall mean a detach-' _e(T —b-u-i Td 71 co g unit only. (Ord. 1702 A (part), passed July 6, 1964). ng , nta 11.08.190 Dwtll-Lnj,_.jwq-famijy.. The term "two-family dwelling" shall mean a detached building containing Two-Welling units only. (Ord. 1702 A (part), passed July 6, 1964), 11.08.200 DwellIng, multiRle. The term "multiple dwelling" shall mean a buil ding 7r portion thereo?,70d forandcontaining three or more dwelling units. (Ord..1702 S3 (part), passed July 6, 1964). 11.08.210, Dwelling uRit. The term "dwelling unit" shall mean a building or port'i-o-n-tiEVe6f providing complete housekeeping facilities for one family. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.220 Established grade. The term "established grade" shall mean the high-point of the _sidew_M as esth%hed by the city at the front or side lot line. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.230 Famill, The word family shall mean one or more persons occupying a dwelling and livin as a single, nonprofit housekeeping unit. (Ord. 1702 A (part), passed July 6, 19641. 11.08.240 Farm. The word "farm" shall mean any parcel of land containing at leasttrive acres which is used for gain in the raising of agricultural products, live - stock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of-equipment used. It excludes the-raising of fur- bearing animals, riding academies, livery or boarding stables and dog kennels. (Ord. 1702 A (part), passed July 6, 1964). 11.08.250 Garage. The word "garage" shall mean a building or portion thereof in whTIF-a-motor -WhTch-Is stored, repaired or kept, (Ord. 1702 S3 (part), passed July 6, 1964). HOMO .... Q;raReRrjvate, The term "private garage" shall mean a garage used for storage purposes only and having a capacity of not more than two automobiles 4 and one boat, or not more than one automobile and/or boat per family housed in the building to which such garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle, and space may be rented for not more than -two vehicles of others than occupants of the building to which such garage is accessory. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.270 Garaqe,_Rublic. The term "public garage" shall mean any garage not a private gaFdge, IN AMFTs used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. (Ord. 1702 S3 (part), passed July 6, 1964). 11 .08.280 He The word "hedge" shall mean a group of plants growing not more than one foot apart, measured between the nearest branches, and arranged and trimmed in such a manner to produce a barrier to screen and obstruct view and prevent free access to property. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.290 Home occupation. The term "home occupation" shall mean any use cusfom--i —condCi—ctede_nt_iFr_eT� 'wit-hin a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwell.ing for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barbershop, beauty parlor, tea room, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation. (Ord. 1702 S 3 (part), passed July 6, 1964). 11.08.300 _±Iospital. The word "hospital" means an institutionspecializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.310 Hotel. 'The word "hotel" means any building or portion thereof con fa'iming fifteen or more rooms that are rented or hired out to be occupied or which are occupied for sleeping purposes for compensation, whether the compensation be paid directly or indirectly. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.320 Junk _yard. The term "junk yard" shall -include automobile wreck- ing 7a7&s —and �Mlv_age_ yarTs'--or any premises devoted wholly or in part to the storage, buying or selling, or otherwise handling or dealing in old rags, sacks, bottles, cans, papers, metal, rubber, or other articles commonly known as junk. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.330 Loadi nq_V2.ce. The term "loading space" shall mean an off-street spac�__dr —berth on tiesamelot with a building, for the temporary parking of a com- mercial vehicle while loading or unloading merchandise or materials, and which abutts upon a street, alle , or other.appropriate means of access. (Ord. 1702 S3 (part), passed July. 6, 19641�. 11.08.340 Lot. The word "lot" shall mean a port -ion or parcel of land con- sidJ—edas �­unit, devoted to a certain use or occupied by a certain building or group of buildings that are united by a common interest or use and the customary accessories and open spaces belonging to the same. (Ord. 1702 S3 (part), passed July 6, 1964. 11.08.350 LotdL ep of The term "depth of lot" shall mean the mean k jh horizontal and rear lot lines, measured in the general direction of its side lot lines. (Ord. 1702 S3 (part), passed July 6, '1964). 11,08,360 Lot line. The term "lot line" shall mean any 'line dividing . one lot from ­an75T�_._TG_RTT702 S3 (part), passed July 6, 1964). 11.08.370 Lot_, width of. The term "width of lot" shall mean the mean width —07—t-'Fe--To—t—r�ea—suF6'(r—at,--�i'ght angles to its depth. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.380 Lot of record. The term "lot of record" shall mean a lot which is a part of a su[)d-l--V—ls—T-6n—,-7tF(--,—map of which has been recorded in the office of the county auditor. (Ord. 1702 S3 (part), passed July 6, 1964), 11.08.390 Medical -dental clinic. 'The term "medical -dental clinic" means an establishment for treatment of out-patients, and providing no overnight care for patients. (Ord. 1702 S3 (part), passed July 6, 1964), 11.08.400 Mobile home. The term "mobile home" shall mean a vehicle used for on wheels or on rigid supports. (Ord. '1702 S3 (part), passed July 6, 1964), 11.08.410 Mobile home court. The term "mobile home court" shall mean any park, court, site, TFF,_PYr_j_e'F,_car Tract of land designed, maintained, intended or used for, the purpose of supply -Ing a location for mobile homes to be used for residen- tial purposes, including buildings used or intended for use as storage, wash rooms, and office thereof. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.420 Motel. The term "motel" shall mean a group of attached or detached kitchen facilities, in which motorists or others are provided sleeping accommodations for periods of normally less than one week duration, with garage attached or parking space conveniently located to each unit, including tourist homes and motor lodges. (Ord. 1702 S3 (part), passed July 6, 1964), 11.08.430 Nonconforming use. 'The term "nonconforming use" shall mean a temporary f7P_q0__d7,-enF_oF land that does not conform to the regulations as to use for the district in which it is situated. (Ord. 1702 S3 (part), passed July 6, 1964). Il .08.4-40 Nursing home, etc. The terms "nursing home," "rest home," convale- Cent -the aged" mean a home operated similarly to a boarding house but not restricted 'to any number of guests or guest rooms, the operator of which is licensed by the state or county -to give special care and cure to his or her charges, and in which nursing, dietary, and other personal services are furnished to convalescents, invalids and aged persons, but in which homes are kept no persons suffering from a mental sickness, mental disease, disorder or ailment or from a con- -tagious or communicable disease, and- 1 -n - which -homes are performed -no surgery, maternity or any other primary treatments such as are customarily provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital. (Ord. 1702 S3 (part), passed July 6, 1964). 2 11.08.450 Off-street parking. The term "off-street parking" shall mean parking facilities -for motor vehicles on other than a public street or alley. (Ord. 1702 S3 (part'), passed July 6, 1964). 11.08.460 Parking space. The term "parking space" shall mean an off- �—tp`ar_'�_ing space streavailable for the parking of one motor vehicle and having an area of not less than two hundred square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a public street or alley. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.470 Professional offices. 'The term "professional offices" means offices maintained and used as a -P-1—aE�of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists, and by eng- ineers, attorneys, realtors, architects, accountants and other persons providing services utilizing -training in and a knowledge of the mental discipline as dis- tinguished from training -in occupations requiring more skill or manual dexterity or -the handling of commodities. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.480 Rooming house. (See boarding house.) (Ord. 1702 S3 (part), pass�_d_N—Iy6, '1-96-4T--'- 11 .08.490 Win. 'The word "sign" means any structure or part thereof, or any device at-Fa_cTed Y6 -a structure or painting or represented on a structure, which shall display or include any 'letter, work, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. The work "sign" includes any billboard, but does not include the flag, pennant, or insignia of any nation, or group of nations, or of any state, city or other political unit, or of any political, educational, charit- able, philanthropic, civic, professional, religious or similar compaign drive, movement or event. However, the word "sign" shall not include a similar structure or device located within a building. The term "business sign" means a sign which directs attention to a business or professional service conducted, or -to products sold upon the same lot. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed a business sign. The term "advertising sign" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot. The -term "illuminated sign" means any sign designed to give forth any artificial light, or designed to reflect such light derived from any source which is intended to cause such light or reflection. The term "flashing sign" means any illuminated sign on which the artificial light is not maintained stationary and constant inintensity and color at all times when in use. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.500 Street. The word "street" shall mean a public thoroughfare which affords principal means R access to abutting property. (Ord. 1702 S3 (part), passed JUIY 6, 1964). 11.08.510 Structure. The word "structure" means a combination of materials, incluU_in_g__a_Fu_ilding usesd to form a construction that -is safe and stable and includes among other things stadiums, platforms, radio towers, sheds, storage bins, fences, and display signs. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.520 Tourist court. The term "tourist court" shall mean a group of cavi ns, provided with kitchen facilities, in which tourists or others are provided living accommodations for periods of normally less than two weeks dura- tion. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.530 Tourist home. The term "-tourist home" shall mean a dwelling in wF_chsleeping accommodations in less than fifteen rooms are provided or offered for transient guests for compensation. (Ord. 1702 S3 (part), passed July 6, 1964). 11 .08.54.0 Yard. The word "yard" shall mean an open unoccupied space on the same lot —WF-h-a—Riil`ding or structure. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.550 Yard., front. The term "front yard" shall mean a yard between the front line and the front F -011"a ng line andextendingthe full width of the lot. (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.560 Yard, rear. The term "rear yard" shall mean a yard between the rearm wilding line and extending the full width of the lot. ear OT-rin—e"�-nU-TFEI-r-e-7d-r--B- (Ord. 1702 S3 (part), passed July 6, 1964). 11.08.570 Yard side* The term "side yard" shall mean a yard between the side lot line avid side �_e'buITUng line and extending the full length of the lot. (Ord. 1702 S3 (part), passed July 6, 1964). 8 CHAPTER 11.12 ARTICLE III: ESTABLISHMENT OF DISTRICTS 11.12.010 List of Districts. (a) The City -of Auburn is hereby divided into the following classes of districts: R -S: One -Family Residential District, thirty-five thousand sq.ft. per lot. R-1: One -Family Residential District, ei§ht thousand sq.ft. per lot. R-2: One -Family Residential District, six thousand sq. ft. per lot. R-3: One and Two -Family Residential District, five thousand sq.ft. per lot. R-4- Multiple Family Residential District, Medium Density, R -M: Multiple Family Residential District, High Density. R -T: Residential Mobile Home. R -TP: Mobile Home Park. A-1: Agricultural District. C-1: General Commercial. C-2: Central Business District - CBD. C-3: Heavy Commercial. C-4: Wholesale Commercial. C -N: Neighborhood Shopping. M-1: Light Industrial District. M-2: Heavy Industrial District. LF: Airport Landing Field District. P-1: Public Use District. UNC: Unclassified Use District. The aforesaid districts are hereby established as the designations locations, and boundaries thereof as set forth and indicated on the zoning map. Ord. 2622 approved March 20, 1972). (Ord. 2810 passed April 15, 1974). 11.12.020 Zoning Map. The term "zoning map" as herein used shall be deemed to Fe—tfi-aT copies of which are on file in the office of the City Clerk, and labeled COMPREHENSIVE ZONING MAP OF THE CITY OF AUBURN WASHINGTON, dated July 6, 1964, and sTigne y t e ity er — n ayor, a -6­5`g­w`Tt-F—aTT thereto. Current copies of said zoning map are available for examination and/or purchase in the office of the Auburn Planning Director. Said zoning ma is hereby adopted and made a part of this title. (Ord. 1702 S5, passed July 6, 1964�. 11.12.030 Interpretation of District Boundaries. Where uncertainty exists as to any of -said- aries of t e use istricts, as sFo­wn on the zoning map, the follow- ing rules shall apply: (1) Where,such boundaries are indicated as approximately following the centerlines of streets, alleys, railroads, or water lines, such centerlines shall be construed to be such boundaries. (2) Where such boundaries are indicated as approximately following lot lines, and are not more than twenty feet therefrom, such lot lines shall be construed to be such boundaries. (3) In undeveloped land and where a district divides a lot, the location of such boundary, unless indicated by dimensions shown on the map, shall be determined by the use of the scale shown thereon. (Ord. 1702 S6, passed July 6, 1964). I Chapter '11,13 Commercial --Industrial Use Permits 11.13.010 Purpose and s��e. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted by the City of Auburn for the protection of the public safety, health and welfare in the utilization and occupancy of commercial and/or industrial buildings or structures erected within the corporate limits of the city, as enforced by the building, fire and police departments in accordance with the various codes and ordinances of the city under their jurisdiction. (Ord. 2222 Sl, passed May 20, 1968). 11.13.020 Definitions. (a) "Building, " is any structure built for the support, s�MeMe_F,__�F_KT—osurof persons, animals, chattels, or property of any kind. (b) "Building, existing," is a building erected prior to the adoption of the ordinance codified in this chapter, or one for which a legal building permit has been issued prior to the effective date of the ordinance codified in this chapter. (c) "Building inspector," is the officer charged with the administration and en- forcement of the building code and this chapter, or his regularly authorized deputy or assistants. (d) "Commercial use, " is any use of property for commercial purposes as defined by the zoning code of the City of Auburn. (e) "Indus -trial use, " is any use of property for industrial purposes as defined by the zoning code of the City of Auburn. (f) "Occupancy, " is the purpose for which a building is used or intended to be used. (g) "Owner," is any individual, firm, association, syndicate, copartnership, cor- poration, trust or any other legal entity holding the legal title to or the contract purchasers interest in any real property subject to the provisions of this chapter. (h) "Structure," is that which is built or constructed, in edifice or building of any kind, or any piece of work artificially built up or composed of parts joined to- gether in some definite manner. (i) "Use," the purpose land or building or structure now serves or for which it is occupied, maintained, arranged, designed or intended. (Ord. 2222 S2, passed May 20, 1968). 11.13.030 Permit required. Before any commercial or industrial use shall be hereinafter established 'up-6-6-1—and—or improvements within the corporate limits of the city, it shall be the responsiblifty of the owner of said property 'to obtain a commer- -cial-industrial use permit from the building inspector, as hereinafter provided. In addition, it shall be mandatory for the owners of all property within the corporate limits of the City of Auburn upon which a commercial or industrial use is presently established to obtain a commercial -industrial use permit -from the building inspector as hereinafter provided within sixty days after the effective date of the ordinance codified in this chapter. (Ord. 2222 S3, passed May 20, 1968). 10 11.13.040 Buildinq iMnector to issue permits. Written application for a commeFcial'-ind-6-s'-'('ri�al-use'perm or property utilizedfor commercial -industrial purposes on the effective date of the ordinance codified in this chapter shall be made by the owner -thereof with the building inspector upon forms provided by his department within the time limits hereinabove provided. Application for commercial -industrial use permit for a new building or for a use requiring the addition to or alteration of an existing building shall be made at the same time as the application for a building permit upon -forms provided by the building inspector of the City of Auburn. Where a change in occupancy in a building or structure that does not require additions or alterations Occurs, or a change in occupancy upon land, written appli- cation for a commercial -industrial use permit shall be made at least seven days prior to the time that any use is established upon said land or within said building by the new owner or Occupant. The building inspector shall make -final inspection of the property within five days after receipt of notification from the owner that said building or land -is ready for occupancy and shall thereafter issue a commercial -indus- trial use permit if said use is found to be in accordance with the provisions of this title. No permit shall be issued for any new building or structure or any alterations or additions to existing structures unless the same shall con -form to the provisions of the building code and zoning 'land use classifications for the subject property. Every commercial -industrial use permit issued pursuant to this chapter shall expire at the end of the calendar year in which the same is issued and shall be nontrans- ferable. (Ord. 2222 S4, passed May 20, 1968). 1'1 .13.050 CoiDpletion and restoration of existinq buildings. Nothing herein qui —T contifin-e-d-s-Fa-11 -Fe're a�YchY6d_e1_ntTe_ —plans &Fs"Fruction,76'sfgnated or intended use of a building, for which a building permit plans, hereto-fore been issued, or plans for which are now on file with the building inspector and a permit for the erection of which is issued within one month of -the adoption of the ordinance codified in this chapter, and the construction of which in either case shall have begun and been dili- gently prosecuted within one month of the adoption of the ordinance codified in this chapter, and which building shall be entirely completed according to such plans as filed within one year from the adoption of the ordinance codified in this chapter. Nothing in this chapter shall prevent the restoration of a building within a period of one year from the date of its destruction, which has been partially destroyed by fire or other cause prior to the passage of the ordinance codified in this chapter, or prevent the continuance of the use of such buildings, as part thereof. The lawful use of land for commercial -industrial purposes existing at the time of the ordinance codified in this chapter, although such use does not con -form to the provisions herein, may be continued, although the continuance of such use shall be sub- ject to the restrictions of nonconforming uses as specified in the zoning code of the City of Auburn. (Ord. 2222 S5, passed May 20, 1968). 11.13.060 Penal -ties. Every person convicted of a violation of any provisions of this 'chapteFaI_T­E7e­p­UnIshed by a -fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 2222 S6, passed May 20, 1968). Cha DLE�YL 1 -1 .16 Eau I anti ons Il .16.0`1 0 Alication of rqtions . Except as otherwise provided in Sections IT'.2-0-.'-O"lb-2an%Vli� -T[.-26-.2—C7f this ti 1. No building shall hereafter be erected, and no existing building shall be moved, altered, added or enlarged, nor shall any land or any building be used, designed or arranged to be used for any purpose other than is included among the uses permitted in the district in which land or building is located. 2. No building ;hall hereafter be erected, reconstructed, or structurally altered to exceed in height the limits designated for the district in which such building is located. 3. No building shall hereafter be erected, nor shall any existing building be structurally altered, enlarged, rebuilt, or moved, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building lo- cation, percentage of lot coverage, off-street parking space and other space and area regulations designated for the district in which such building or space Is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed -to be in violation of the provisions of this title and the certificate of occupancy for such building thereupon shall be null and void. 4. Off-street parking areas shall be provided as specified in Section 11.16.160 hereof. The pay -king areas provided shall be of sufficient dimensions to make it prac- tical to use this area for parking purposes. 5. Where a lot is -formed from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the requirements of this title with respect to the existing buildings, and all yards and other open spaces 'in connection therewith, and no permit shall be issued for the erection of a new build- ing on the new lot thus created unless it complies with -the provisions of this title. (Ord. 1702 S7, passed July 6, '1964). 7n Ghakter 11.16.005 Residential Single Family 35 �000� R -S 1. INTENT The intent of the R -S residential district is to provide areas for estate -type residential development. These areas would normally be located 'in the surburban and rural area away from concentrated urban development. A related consideration is to make it possible to more efficiently and economically design, install and maintain all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. 2. PERMITTED USES: In the R -•S zone, the following uses only are permitted and as hereinafter specif- ically provided and allowed by this chapter. A building, structure or land shall be used and a building or structure hereafter built, altered or enlarged, shall be used for the permitted uses only: (a) One detached single family dwelling, not to exceed one (1) dwelling on any lot. (b) sAccessory buildings to include: Private garage; servant's quarters; guest cottage; recreation room; tool shed; noncommercial greenhouse and lath house; swimming pool; private stable; barn; pen; coop or similar structure. (c) Gardening and fruit raising provided that no items are advertised for sale on the premises. (d) Keeping of not more than four (4) family pets, which can be kept in the home. This limit shall not include birds, fish or suckling young of pets which at all times are kept 'inside a fully enclosed building. (e) Keeping of horses; cattle; chickens; rabbits; sheep; and other similar animals not including goats and swine, provided shelter is provided for said animals with the provisions: (1) Said shelter shall be constructed no closer than seventy-five (75) feet from any side lot line of adjoining lots. (2) It shall be one hundred (100) feet from any public street or alley. This regulation shall riot be construed to permit the keeping of animals in any place or manner which will endanger public health or safety. A lot area in addition to the minimum required for a dwelling shall be provided equivalent to one (1) acre for each one thousand two hundred (1,200) pounds of the total weight of all animals kept. (f) Parks, playgrounds, community buildings and golf courses, not including minia- ture golf or driving ranges, provided they are developed in conjunction or by the municipality, school or community non-profit club house. 13 (g) Home occupations as specified in chapter 11.16.230. (h) Signs as specified in Chapter 11.16.240. 3. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: Uses that may be permitted when authorized by the Council pursuant to the provisions of Chapter 11.16.235, provided that such uses are to be located in this zone subject to the granting of a conditional use permit: a) Churches. b) Governmental Service Buildings. c) Public Libraries. d) Public Utility Buildings (not including storage yards). e) Educational Institutions. f Civic and Community Clubs. 9) Country clubs and golf courses, except driving ranges. h) Radio Transmitter Towers. 4. USES EXPRESSLY PROHIBITED: (a) Multiple Family Residential. (b) commercial Uses. (c) Industrial Uses. 5. LOT AREA: The required area of a lot or parcel in this zone shall be not less than thirty- five thousand (35,000) square feet. 6. LOT' AREA PER DWELLING UNIT: The lot area per dwelling unit shall be no less than the lot or parcel area speci- fied above in Section 11.16.005 (5). 7. LOT SIZE: The dimensions of each lot -or parcel created after the effective date of this title shall have a width and depth of not less than: (a) Width - 125 feet. (b) Depth - 150 feet. 8. YARDS, MINIMUM STANDARDS: Every lot or parcel in this zone shall have open space unoccupied and unobstructed from the ground upward, unless specifically otherwise permitted -are made from -the. proper property line to the building line. All measurements An -this Title. (a) Front yard: Minimum of 35 feet. (b) Side yard: Minimum of To feet (street side yard: 20 feet). (c) Rear yard; Minimum of 35 feet. (d) No structure, including accessory building, shall be constructed in the required front or side and setback or that portion of any rear yard adjacent to or within ten (10) feet of any adjoining front yard, adjacent to or within ten (10) feet of an adjoining rear yard, or within fifteen (15) feet of any public street, provided however, -that any structure with a vehicular entrance from a public street or alley shall be setback from said street or alley a mini- mum of twenty (20) feet. 9. LOT COVERAGE BY ALL BUILDINGS AND STRUCTURES: In an R -S zone, no building, including its accessory buildings, shall occupy or cover more than thirty• -five (35) percent of the -total lot or parcel area. 10. FLOOR AREA OF DWELLING UNIT: Each dwelling Lin -it, hereafter constructed in an R -S zone, shall have a minimum -floor area of one thousand (1,000) square feet excluding any areas to be used for garage, storage, porch or similar area. 11. FENCE AND HEDGE REQUIREMENTS: As specified in Chap -ter 11.16.180. 12. MINIMUM OFF --STREET PARKING REQUIREMENTS: As specified in Chapter '11.16.160.. 13. MAXIMUM HEIGHT OF BUILDINGS: Two and one• -half (2.5) stories, not to exceed thirty (30) feet -in height. 14. MINIMUM LANDSCAPING REQUIREMENTS: As provided in Section 11.16.280 for Conditional Use Permits. �� Chapter 11.16.010 Residential Sal Fami I District 0,000 W 1. INTENT: The R-1 zone Single Family Residential zones are -intended to create a living environment of optimum standards for single-family dwellings. It is further intended to limit development to relatively low degrees of density. This district will provide for the development of single family detached dwellings, not more than one such dwelling on each lot, and for such accessory uses as are related, incidental and not detrimental to the residential environment. 2. PERMITTED USES: A building, structure or land shall be used and a building or structure hereafter built, altered or enlarged, shall be used for only -the following permitted uses: (a) One detached single family dwelling, not to exceed one (1) dwelling on any lot. (b) Accessory buildings to include: private garage; servants quarters; quest cot- tage, recreation room; too] shed; noncommercial green house and lath house; swimming pool; private stable; barn; pen; coop or similar structure. (c) Gardening and fruit raising provided that no items are advertised for sale on the premises. (d) Keeping of not more than four (4) family pets, which can be kept in -the home. This limit shall not include birds, fish or, suckling young of pets which at all times are kept inside a fully enclosed building. (e) Keeping of horses, cattle, chickens, rabbits, sheep, and other similar animals not including goats and swine, provided shelter is provided for said animals with the following provisions: (1) Said shelter shall be constructed no closer than seventy-five (75) feet from any side lot line of adjoining lots. (2) It shall be one hundred (100) feet from any public street or alley. This regulation shall not be construed to permit the keeping of animals in any place or manner which will endanger public health or safety. A lot area in addition to -the minimum required for a dwelling shall be provided equivalent to one (1) acre for each one thousand two hundred (1,200) pounds of the total weight of all animals kept. (f) Parks, playgrounds, community buildings and golf courses, not including minia- ture golf or driving ranges, provided thay are developed in conjunction or by the municipality, school or community non-profit club house. (g) Home occupations as specified in Chapter 11.16.230, (h) Signs as specified in Chapter 11.16.240. 16 3. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: Uses that may be permitted when authorized by the Council pursuant to the provisions of Chapter 11.16.235, provided that such uses are to be located in this zone subject to the granting of a conditional use permit. (a) Public parks and playgrounds. 4. LOT AREA: The required area of a lot or parcel in this zone shall be not less than eight thou- sand (8,000) square feet. 5. LOT AREA PER DWELLING UNIT: The lot area per dwelling unit shall be no less than the lot or parcel area specif- ied above in Section *11 .16.010 (4). 6. LOT SIZE: The dimensions of each 'lot or parcel created after the effective date of this title shall have a width and depth of not less than: (a) Width 80 feet (b) Depth 100 feet. 7. YARDS, MINIMUM STANDARDS: Every lot or parcel in this zone shall have open space unoccupied and unobstructed from the ground upward, unless specifically otherwise permitted in this Title. All measurements are made from the proper property line to the building line. (a) Front yard: Minimum of 25 feet. (b) Side yard: Minimum of 10 feet. (street side yard: 15 feet). (c) Rear yard: Minimum of 30 feet. (d) No structure, including accessory building, shall be constructed in the required front or side and setback or that portion of any rear yard adjacent to or within ten (10� feet of any adjoining front yard, adjacent to or within ten (10) feet of an adjoining rear yard, or within fifteen (15) feet of any public street, provided however, that any structure with a vehicular entrance from a public street or alley shall be setback from said street or alley a minimum of twenty (20) feet. 8. LOT COVERAGE BY ALL BUILDINGS AND STRUCTURES: In an R-1 zone, no building, 'including its accessory buildings, shall occupy or cover more than thirty-five (35) percent of the total lot or parcel area. 9. FLOOR AREA OF DWELLING UNIT: Each dwelling unit, hereafter constructed in an R-1 zone, shall have a minimum floor area of one thousand (1,000) square feet excluding any areas to be used for garage, storage, porch or similar area. 17 10. MAXIMUM HEIGHT OF BUILDINGS: (a) Dwelling Unit: Two and one-half (2.5) stories, not to exceed thirty (30) feet in height. (b) Accessory Buildings: One (1) story, not to exceed sixteen (16) -feet in height. 11. FENCE AND HEDGE REQUIREMENTS: As specified in Chapter 11.16.180. 12. MINIMUM OFF-STREET PARKING REQUIREMENTS. As specified in Chapter 11.16.160. 13. MINIMUM LANDSCAPING REQUIREMENTS: As provided in Section 11 .16.280 for Conditional Use Permits. 1R Chapter 11.16.015 Residential Sinqle Family District (6,000) R-2 1. INTENT: The R-2 Single Family Residential Zones (6,000) are intended to create a 'living environment of optimum standards for single -family dwellings. It is further intended to limit development to relatively low degrees of density. This District will provide for, the development of single family detached dwellings, not more than one such dwell- ing on each lot, and for each accessory uses as are related, incidental and not detri- mental to the residential environment. 2. PERMITTED USES: A building, structure or land shall be used and a building or structure hereafter built, altered or enlarged, shall be used 'for only the following permitted uses: (a) All uses permitted -in the R-1 district, Chapter 11.16.010. (b) Renting of rooms for lodging purposes only, to accommodate not more than two' (2) persons -in addition to the immediate family. (c) Home occupations as specified in Chapter 11.16.230. W Signs as specified in Chapter 11.16.240. 3. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: Uses that may be permitted when authorized by the Council pursuant to the provisions of Chapter 11.16.235, provided that such uses are to be located in this zone subject to the granting of a conditional use permit: ,a) Boarding Houses (with three (3) or more boarders). :b) Child Care Nurseries. �c) Churches. :d) Clinic, Medical or Dental. :e) Colleges. :f) Convalescent or Rest Homes. :g) Day Nurseries. h) Dwellings, Duplexes and Multi -Family (provided that six thousand feet of lot area be provided for each living unit). J ) Fire Stations. Foster Care Homes. Q Fraternity Houses. 1) Libraries. in) Museums. n) Offices (of a professional person). o) Public Utility Buildings (not including service yards). p) Radio Transmitter Towers. (6,000) square 19 I - 4. LOT AREA: The required area of a lot or parcel in this zone -shall be not less than six thou- sand (6,000) square feet. 5. LOT AREA PER DWELLING UNIT: The lot area per dwelling unit shall be not less than the lot or parcel area speci- fied above in Section 11,16.015 (4). 6. LOT SIZE: The dimensions of each lot or parcel created after the effective date of this 'title shall have a width and depth of not less than: (a) Width 75 feet. (b) Depth 80 feet with public sanitary sewers; 100 feet with septic tank. 7. YARDS, MINIMUM STANDARDS: Every lot or parcel in this zone shall have open space unoccupied and unobstructed from the ground upward, unless specifically otherwise permitted in this Title. All measurements are made from the proper property line to the building line. (a) Front yard: Twenty five (25) feet. (b) Side yard: Corner 'lot -- five (5) feet; interior lot -- one side, five '(5 feet and other side, ten (10) feet. ) Note: Side yard requirement may be reduced to five (5) feet for both sides on 'Interior lots provided the rear property line abutts on a dedicated alley a minimum of sixteen (16) feet in width, improved to the City of Auburn standards. (c) Side Street Yard: Ten (10) feet. (d) Rear Yard: Twenty-five (25) feet. Note: No structure, including accessory buildings shall be constructed in the required front or side yard setback or that portion of any rear yard ad- jacent to or within -five (5) feet of an adjoining side yard; adjacent to or within five (5) feet of an adjoining front yard; adjacent to or within five (5) feet of an adjoining rear yard or within -ten (10) feet of any public street. Provided, however, that any structure with a vehicular entrance from a public street or alley shall be set back a minimum of twenty (20) feet. 8. LOT COVERAGE BY ALL BUILDINGS AND STRUCTURES: InanR-2 zone, no -building, including -its accessory buildings, shall Occupy or cover more than thirty-five (35) percent of the total lot or parcel area. 9. FLOOR AREA OF DWELLING UNIT: Each dwelling unit, hereafter constructed in an R-2 zone, shall have a minimum floor area of eight hundred fifty (850) square feet excluding any areas to be used for garages storage, porch or similar area. 9n 10. MAXIMUM HEIGHT OF BUILDING: (a) Dwell -Ing Unit: Two and one-half (2.5) stories not to exceed 'thirty (30) feet in height. (b) Accessory Buildings: One (1) story not -to exceed sixteen (16) -feet in height. 11, FENCE AND HEDGE REQUIREMENTS: As provided -for in Chapter 11.16.180. 12. MINIMUM OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS: As provided -for in Chapter 11.16.160. 13. MINIMUM LANDSCAPING REQUIREMENTS: As provided in Section 11.16.280 for Conditional Use Permits. 21 Cha- ter 11 .16.020 Residential Two-Famil Duplex) District R-3 I NTENT: The R-3 duplex residential zones are intended to permit a limited increase in pop- ulation density -in those areas to which this classification applied by permitting two (2) dwelling units on a minimum size lot while, at the same time, by means of the means of the standards and requirements set forth herein, maintaining a desirable family living environment by establishing a minimum lot area, yards and open spaces. A related consideration is to make it Possible to more efficiently and economically design and install all physical public service facilities in terms of size and capa- city to adequately and permanently meet the needs resulting from a defined intensity of land use. 2. PERMITTED USES: A building, structure or land shall be used and a building or structure hereafter built, altered or enlarged, shall be used -for only the following permitted uses. (a) All uses permitted in the R-2 district, Chapter 11.16.015. (b) A duplex or two. -family dwelling; if only a single-family dwelling exists on a lot on the effective date of this Title, an additional dwelling unit may be at- tached to and made a part of the existing building; providing all setback and yard requirements of this Title are provided. (c) Renting of rooms for 'lodging purposes only, to accommodate not more than two (2) persons in addition to the immediate family per dwelling unit permitted. (d) Signs as Provided for in Chapter 11.16.240. (e) Home occupations as provided for in Chapter 11.16.230. 3. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: Uses that may be permitted when authorized by the Council pursuant to the provisions of Chapter 11.16.235, provided that such uses are to be located in -the zone subject to the granting of a conditional use permit: (a) Apartment Houses (provided that 3500 square feet of lot area be provided for each living unit). Boarding Houses. Child Care Nurseries. Churches. Clinics, medical or dental. Colleges. Convalescent or Rest Homes. Day Nurseries. Fire Stations. Foster Care Homes. Fraternity Houses. Government Buildings. Gymnasiums. 22 n ) Li brari es. o) Museums. p) Offices, business and professional. q) Public Utility Buildings, not including service yards. r) Radio Transmitter Tower. s) Retirement Homes. t) Swimming Pools, public. 4. LOT AREA: The required area of a lot or parcel -in this zone shall be not less than five thou- sand (5,000) square feet. (a) Minimum Area: Single -Family Dwelling - 5,000 square -feet. (b) Minimum Area: 'Two -Family Dwelling - 7,000 square -feet. 5. LOT SIZE: The dimensions of each lot or parcel created after the effective date of this Title shall have a width and depth of not less than: (a) Width: 60 feet. (b) Depth: 80 feet with public sanitary sewers. 100 feet with septic tank. 6. YARDS, MINIMUM STANDARDS: Every lot or parcel in this zone shall have open space unoccupied and unobstructed from the ground upward, unless specifically otherwise permitted in this Title. All measurements are made from the proper property line to the building line. (a) Front yard: Twenty (20) -feet. (b) Side yard: Corner lot - five (5) feet; Interior lot - one side five (5) feet, other side ten (10) feet. NOTE: Side yard dimensions may be reduced to five (5) feet for both sides on interior lots provided the rear property line abutts on a dedicated alley, a minimum of sixteen (16) feet in width, improved to the City of Auburn standards. (c) Side Street yard: Ten (10) feet. (d) Rear yard: Twenty-five (25) feet. NOTE: No structure, including accessory buildings, shall be constructed in the required front or side yard setback or that portion of any rear yard adjacent to or within five (5) -feet of an adjoining rear yard or within ten (10) feet of any public street. Provided, however, that any structure with a vehicular entrance from a public street or alley shall be set back a minimum of twenty (20) feet. 7. LOT COVERAGE BY ALL BUILDINGS AND STRUCTURES: In an R-3 zone, no building ( including its accessory buildings) shall occupy or cover more than forth (40) percent of the -total lot of parcel area. 23 8. FLOOR AREA OF DWELLING UNIT: Each dwelling unit, hereafter constructed -in an R-3 zone, shall have a minimum floor area of six hundred (600) square feet excluding any areas to be used for garage, storage, porch or similar, area. 9. MAXIMUM HEIGHT OF BUILDING: (a) Dwelling Unit: Two and one-half (2.5) stories not to exceed thirty (30) feet in height. (b) Accessory Building: One (1) story not to exceed sixteen (16) feet in height. 10. FENCE AND HEDGE REQUIREMENTS: As provided -for in Chapter 11.16.180. 11. MINIMUM OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS: As provided for in Chapter 11.16.160. 12. MINIMUM LANDSCAPING REQUIREMENTS: As provided in Section 11.16.280 for Conditional Use Permits. 9d Chapter 11 .16.025 Multipl,f,1' � Ie Sid ential District Medum R-4 1. INTENT: This district is intended to provide -for medium density multiple family residential development and is further intended as a residential district of single, duplex and multiple family residences, except as specifically provided elsewhere in this Chapter. A related consideration is to make it possible to more efficiently and economically design and install all physical public service facilities in terms of size and cap- acity to adequately and permanently meet needs resulting from a defined intensity of land use. 2. USES PERMITTED: Every building and premises or land in the R-4 zone shall be used for, or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, and moved into or within such R-4 zones exclusively and only in accord- ance with the provisions set forth in this Title. The following uses only are per- mitted, and as hereinafter specifically provided and allowed: (a) Any use permitted in the R-3 zone and subject to the development standards thereof, Chapter 11.16.020. (b) Multiple -family dwellings. (c) Fraternity, sorority or group student homes, provided Such use is within 1,000 .feet of the campus of a college or university or other recognized institution of higher learning. (d) Day nurseries. (e) Home occupations as specified in Chapter 11.16.230. (f) Signs as specified in Chapter 11.16.240. 3. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: Uses that may be permitted when authorized by the Council pursuant to the provisions of Chapter 11.16.235, provided that such uses are to be located in this zone subject to the granting of a Conditional Use Permit: a) Nursery School. b) Churches. c) Civic, Social & Fraternal Clubs. d) Colleges. e) Clinics, medical and dental. f) Fire Stations. g) Foster Care Homes. h) Government Buildings i) Gymnasiums. j) Hospitals (except animal). 25 (k) Museums. (1) Nursing, rest or convalescent homes. (m) Offices, business and professional. (n) Public Utility Buildings, not including service yards. 0) Radio Transmitter Tower. P) Sanitariums. q) Swimming Pool, public. 4. MINIMUM LOT SIZE: In an R-4 zone, the following lot area and dimensions shall apply: (a) Minimum Lot Area: 7,200 square feet. (b) Minimum Lot Area per dwelling unit: 2,200 square feet. (c) Minimum Lot Width: 50 feet. (d) Minimum Lot Depth: 100 -feet. 5. LOT COVERAGE: The building area, which includes all buildings, including accessory buildings and structures, but not including private swimming pools on residential lots or open space used to provide parking space, shall not cover more than fifty-five (55) percent of the area of the lot. 6. YARDS, MINIMUM STANDARDS: Every lot or parcel in this zone shall have open space unoccupied and unobstructed from the ground upward, unless specifically otherwise permitted in this Title. All measurements are made from the proper property line to the building line. (a) Front yard: Twenty (20) feet. Nb Side yard: Five (5) feet. Side Street Yard: Ten (10) -feet. (d) Rear Yard: Twenty-five (25) -feet. NOTE: No structure, including accessory buildings, shall be constructed in the required front or side yard setback or that portion of any rear yard adjacent -to or within -five (5) feet of an adjoining side yard. Adjacent to or within five (5) feet of an adjoining rear yard or within ten ('10) -feet of any public street. Provided, however, that any struc- ture with a vehicular entrance from a public street or alley shall be set back a minimum of twenty (20) feet. 7. HEIGHT OF BUILDINGS: No building or structure erected in this district shall have a height greater than two and one-half (2.5) stories or thirty (30) feet. 8. FLOOR AREA OF DWELLING UNIT: Each dwelling unit, hereafter constructed in an R-4 zone, shall have a minimum floor area as specified below excluding any areas to be used for garage, storage, porch or similar area. 26 jyp'� of Multj time DwelLing j____ (a) Duplex (b) Bachelor Apartment (c) one Bedroom (d) Two Bedroom 9. FENCES, WALLS AND HEDGES As specified in Chapter 11.16.180. 10. OFF-STREET PARKING: As specified in Chapter 11.16.160. 11. MINIMUM LANDSCAPING REQUIREMENTS: Minimum Square Feet 500 400 500 600 As provided in Section 11.16.280 for apartments and Conditional Use Permits. 27 ��a ter 11 .16. 030 Multiple Familv Residential District 1.118Lknsi�,� 1. INTENT: This district is -intended to provide for high density multiple family residential development permitting a greater population density than is allowed in more restric- tive classifications and to permit the providing of accommodations for those who des -ire to live in a residential atmosphere without the necessity to individually maintain a dwelling unit. These districts must have public facilities adequate to support the density and shall have some buffer, between them and single -family dis- tricts. 2. USES PERMITTED: In the R -M district, the following uses only are permitted and as hereinafter specifically provided and allowed by this Chapter. A building, structure or land shall be used and a building or structure hereafter built, altered or enlarged, shall be used for, the permitted uses only: (a) All the uses permitted in the R-4 district 11.16.025. (b) Apartment hotels. (c) Home occupations as specified in Chapter '11.16.230. W Signs as specified in Chapter 11.16.240. 3. USES PERMITTED SUBJECT TO A CONDITIONAL USE PERMIT: Uses permitted when authorized by -the Council pursuant 'to the provisions of Chap -ter 11.16.235, provided that such uses are to be located in this zone subject to the granting of a Conditional Use Permit: (a) Civic, social and fraternal clubs. (b) colleges. (c) Convalescent and rest homes. W Clinics, medical or dental. (e) Fire Stations. M Foster Care Homes. (g) Government Buildings. (h) Gymnasiums. (i) Hospitals. 0) Nursery Schools. M Offices business or professional. (1) Public Utility Buildings (not including service yards). (m) Radio Transmitter Tower. (n) Sanitariums. (o) Schools, Trade, Music and Dancing. W Self -Service Laundry. W Swimming Pool (public). H Tennis Courts (public). 28 4. MINIMUM SIZE OF LOT: The minimum width of the lot shall be provided at the front building line and shall be parallel with the street. (a) Minimum Width -- 50 feet. (b) Minimum Depth 100 feet. 5. LOT AREA REQUIREMENTS: No building lot shall be less than five thousand (5,000) square feet provided that for multiple dwellings the minimum lot area per dwelling unit shall be as follows: When the Number of Bedrooms Minimum Lot Area Per Dwelling—Unit Is: Per Dwe11in None 200 sq. ft. One 400 sq. ft. Two or More 600 sq. ft. 6. LOT COVERAGES: Building shall not occupy more than sixty percent (60%) of a lot. %. YARDS REQUIRED: Each lot shall have front, side and rear yards of riot less than the depths and widths as follows: (a) Front Yard: 10 feet. (b) Rear Yard: 20 feet plus four (4) feet additional depth for each story over three. (c) Side Yards: Hecht of Building Is: 1 s -to ry 2 story 3 story More than 3 story 8. HEIGHT OF BUILDINGS: Minimum Side Yard 5 ft. 6 ft. 8 ft. 2. ft. additional each side for each story over three, ex cept that a side yard abut- ting upon a street need not exceed 10 feet: No part of a building shall exceed a height of seventy (70) feet. 9. FENCES, WALLS AND HEDGES: As specified in Chapter 11.16.180. 29 Chi Residential Mobilehome R -T 1. INTENT: This district is intended to provide a Mobilehome Residential zone (R -T) that will encourage and promote a suitable environment for -family lifebyproviding a district for one -family mobilehomes, exclusively. All land to be classified into this zone shall be subdivided into lots in accordance with the subdivision ordinance of the City of Auburn and in no case shall said subdivision contain a total land area of less than five (5) acres. 2. USES PERMITTED: Every building and premises or land in the R -T zone shall be used for, or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, and moved into or within such R -T zones exclusively and only in accor- dance with the provisions set forth in this title. The following uses only are per- mitted and as hereinafter specifically provided and allows: (a) Mobilehomes for residential purposes, riot to exceed one mobilehome per lot. (b) Accessory uses and structures are permitted in the R -T zone, provided they are incidental to, and do riot substantially alter the charter of the permitted principle use or structure. Such permitted accessory uses and structures include Awnings; skirting; carports; porches; private garages; non-commercial greenhouse and lath house; and similar structures. (c) Small indoor household pets. Nothing herein shall be construed as authorizing the keeping of any animal capable of inflicting harm or discomfort or endangering the health and safety of any person or property. (d) Vegetable and flower gardens. (e) Parks, playgrounds, community buildings and golf courses, provided they are developed in conjuntion with or by the municipality, school, or community non- profit club. (f) Home occupations as specified in Chapter 11.16.230. (g) Signs as specified -in Chapter 11.16.240. 3. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: Uses permitted when authorized by the Council pursuant to the provisions of Chapter '11.16.235, provided that such uses are to be located in this zone subject to the granting of a conditional.use permit: a) Churches, b) Day School Nurseries (not to be conducted within a mobilehome). (c) Fire Stations. (d) Libraries. (e) Public Utilities Buildings. (f) Schools, public. 4. MINIMUM LOT AREA: The minimum required area of a lot or parcel in the R -T zone shall be six thousand (6,000) square feet. 5. LOT AREA PER DWELLING UNIT: The lot area per dwelling unit shall be not less than the minimum required lot or parcel area. 6. LOT WIDTH AND DEPTH: Every lot or parcel of land in the R -T zone shall have to maintain a width of not less than sixty (60) feet measured at the front building line which is parallel with the street in which the "lot is fronting upon. The minimum depth shall not be less than one hundred (100) feet measured from the front to the rear property lines. 7. PERCENTAGE OF LOT OCCUPANCY: In an R -T zone, no building, including its accessory buildings, shall occupy or cover more than forty (40) percent of the.total area. 8. MINIMUM YARD DIMENSIONS: (a) Front Yard: Every lot and parcel shall have a front yard of not less than twenty (20) feet measured from the front property line to the front building line. (b) Side Yard: There shall be a side yard as follows: (1) Interior Lots, five (5) feet on one side and ten (10) feet on the other, EXCEPT the side yards may be reduced to five (5) feet for both sides pro- vided the rear property 'line abutts on a dedicated alley with a minimum width of 16 -feet. (2) Corner lots, five (5) feet on the side next to an interior lot and ten (10) feet on the street side yard. (c) Rear Yard: Every lot and parcel shall have a rear yard of not less than twenty (20) feet measured from the rear property line to the rear build- ing line. 9. MINIMUM FLOOR AREA FOR MOBILEHOMES: Each mobile home in an R -T zone shall have a floor bed of at least 600 square feet, 10. FENCE AND HEDGE REQUIREMENTS: As per specifically allowed by Chapter 11.16.180. 11. MINIMUM OFF-STREET PARKING REQUIREMENTS: As specified by Chapter 11.16.160. 12. MINIMUM LANDSCAPING REQUIREMENTS: As provided in Section 11.16.280 for Conditional Use Permits. Ill Cha ter 11 .16.040 Mobilehome Park R -TP I . INTENT: The intent of the Mobilehome Park District is to provide a residential zone of one - family mobilehomes exclusively within a planned housing oriented park. It is further intended 'to prescribe planned standards for the orderly development of mobilehome parks that provide for a community environment, insure privacy, and protection from hazards, objectionable influences and congestion. 2. PERMITTED USES: A building, structure or 'land shall be used and a building or structure hereafter built, altered or enlarged, shall be used for only the following permitted uses: (a) Mobilehorne Parks which are constructed for the placement of individual residentiz mobilehomes within the approved park boundaries and subject to the standards as set forth in this Chapter. (b) Accessory uses and structures incidental to the convenience needs within the mobile home park such as awnings, skirting, portable storage cabinets, carports and porches and similar structures which are customarily used with the principal use, (c) Community recreation facilities, club house and park office. W Self-service laundries. (e) Home occupations as provided for in Chapter 11.16.230. M Signs as provided for in Chapter 11.16.240. 3. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: Uses that may be permitted when authorized by the Council pursuant to the provisions of Chapter 11.16.235, provided that such uses are to be located in the zone subject to the granting of a conditional use permit: (a) Child Care Nurseries (not to be conducted within a mobile home). (b) Public Utility Buildings (riot including service yards), 4. USES EXPRESSLY PROHIBITED: (a) Commercial uses. (b) Indus -trial uses. 5. MINIMUM AREA: The minimum area that may be developed as a mobilehome park shall be -five (5) acres (217,800) square feet) excluding public streets. The total area of the mobilehome park divided by the number of mobilehome spaces shall equal 5,200 square feet or more per space. 1)n 6. MINIMUM WIDTH OF MOBILEHOME SITES: Each mobilehome site shall have a minimum width, measured at right angles to the side lines, which shall accommodate individual mobilehomes as follows: TYPE OF UNIT MINIMUM SITE WIDTH (a) Single, 12 feet wide 38 feet' (b) Single, 14 feet wide 40 feet (c) Double 50 feet (d) Triple or double 28 feet wide 62 feet When abutting a public street, increase the site width by 10 feet. 7. MINIMUM DEPTH OF MOBILEHOME SITE: Each mobilehome site shall have a minimum depth of 70 feet when fronting onto private streets or a minimum depth of 90 feet when fronting upon a public street. 8. MINIMUM YARD REQUIREMENTS: No mobilehome or structure other than provided for in Section 11.16.035 shall occupy any front, side or rear yards of any mobilbhome site within the specified setbacks hereby established: TYPE OF UNIT ` RE UIRED MINIMUM SETBACK a) Front on private street 5 feet �b) Front on public street 15 feet c) Rear on lot line or private street 8 feet d) Rear on public street 15 feet e) Side on private street 8 feet flSide on Public street 15 feet Minimum width between mobile homes 10 feet h) Where any accessory structures or attachments to a mobile home are -used (carports, porches, storage cabinets, awnings etc), a minimum of 5' feet will be required between any such structure and theside lot line. - 9. PROJECTIONS INTO YARD: The following structures may be erected or projected into any required yard: (a) Eaves, stairways and awnings not to exceed one (1) foot projections into any on- site required yard. (b) Landscape elements including trees, shrubs and other plants, and provided that such landscape features do not hinder the movement of the mobilehome in or out.of its space. (c) Mobilehome hitches. (d) Necessary appurtenances for utility services. 10. SIDE YARD DRIVEWAY: When used for access to a parking facility, a side yard shall be wide enough for a 10 - foot wide unobstructed driveway. All such side yard driveways shall be paved with cemant or asphaltic concrete. ­ 11. MOBILEHOME SITE USE: Each mobilehome site shall be plainly marked and numbered for identification and not more than one single-family mobilehome may be placed on a mobilehome site. 12. TRAVEL TRAILER AND BOAT STORAGE SITE: No travel trailer sites for 'living purposes shall be allowed within any mobilehome C, park R -TP zone. A suitable site shall be provided and -fenced for the storage only of travel trailers and boat trailers. No travel trailers shall be stored on sites containing mobilehomes. 13. WALLS AND FENCES: Walls or fences shall be erected around the perimeter of each mobilehome park as may be required by the Director of Planning as set forth in Section 11.16.180. 14. MOBILEHOME PARK STREETS: Mobilehome park streets shall be provided in such a pattern as to provide convenient traffic circulation, including fire and other equipment responding to emergencies, within the mobilehome park. They shall be built to the following standards; (a) The width of all mobilehome park private streets shall be not less than 34 feet, including curbs. Streets widths of 24,febt will be permitted in mobilehome parks provided that: (1) Adequate off-street parking be provided at the ratio of one off-street park- ing stall for each mobilehome site within the mobilehome park. The location and placement of said off-street parking stalls will be subject to review by the Director of Planning. No on street parking will be permitted on street widths of 24 feet and signs- designating "no parking" and "fire lane" must be placed on both sides of the street and so marked on the final plans. (b) All public streets within a mobilehome park shall be improved to the City of Auburn specifications. (c) There shall be concrete curbs.on each side of the private streets, detailed specification of City standards. (d) The mobilehome park private streets shall be paved in accordance to the standards established by the Director of Public Works. (e) Mobilehome park private streets shall be lighted in accordance with the standards established by the Director of Public Works. (f) Minimum radii on private street curves shall be no less than 45 feet. (9) On all public streets abutting or within a mobilehome park sidewalks Shall be installed in conformance with City of Auburn specifications. '15. RECREATION AREAS: A central recreation area shall be established in each mobilehome park created pursuant to the provisions of -this Chapter. The size of such area shall be at least 200 square feet per mobilehome site. The recreation area may contain community club houses, QA swimming pools, shuffle board courts and similar facilities. The Director of Plan- ning may permit decentralization of the recreation facilities in accordance with principles of good planning, provided that the total recreation area meets the above stated minimum size. 16. PARK OFFICE: Every mobilehome park shall include a permanent building for office use. Such build- ing may include a single family dwelling for the exclusive use of the owner or manager, 17. OFF-STREET PARKING: Off-street parking as specified in Chapter 11.16.160. No required off-street parking shall be located in the required front or side yard setback. 18. APPLICATION FOR DEVELOPMENT PROJECT: The provisions of this Chapter shall apply only to a tract of land zoned R -TP for which an application for a planned mobilehome park development project is made as hereinafter provided: (a) Any developer who desires to initiate a planned mobilehome park development pro.- ject shall submit to the Director, Department of Planning and Community Develop- ment, an application for the approval and certification of such project proposed to be created. The application shall be accompanied by a plan or plans as specified in this Chapter. (b) Action by the Director. Upon receipt of the application, the Planning Director shall refer the plans to the Fire, Public Works, Police, and other departments and agencies for review as to compliance with pertinent City standards and reg- ulations. Within 30 days after receiving the reports from the other departments or agencies, the Planning Director shall recommend: First, approval of the proposal in the form submitted; or, second, approval with modifications; or, third, disapproval of -the proposal. The recommendation of the Planning Director .shall include findings of fact anti shall set forth the reasons for the recom- mendation specifying with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following: (1) The extent to which -the plan departs from this Title otherwise applicable to the subject property, including but not limited to density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest. (2) The manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment. (3) The relationship, beneficial or adverse, of the planned mobilehome park development project upon the neighborhood in which it is proposed to be estab- lished. (4) In the case of a plan which proposes development over a period of years, .the sufficiency of the terms and conditions proposed.to protect and maintain the integrity of the plan which finding shall be made only after consultation with the City Attorney. 35 (5) Conformity with all applicable provisions of this Chapter. W The decision of the Director shall be final, unless, within twenty (20) days from the date of the decision, the applicant shall make application for appeal to the City Council. The Council shall have the right to modify or reject develop- ment plans. (d) No building permit shall be issued for any structure within the proposed park development unless and until the Director certifies that it conforms to thei provisions of the plan and other applicable zoning requirements. 19. PLOT'PLAN - General Development: A plot plan, drawn to scale, shall be submitted (in seven copies) with the application showing the proposed development and improvements. (a) On mobilehome parks up to ten (10) acres, the scale shall be 1 inch = 30 feet. On larger than 10 acres, the scale may be 1 inch = 50 feet. (b) A vicinity map showing the general location shall be included on the plot plan. (c) Atypical mobilehome space showing slab, parking area, mobilehome location and all dimensions at I inch = 20 -feet or I inch = 6 feet scale shall be included on the plot plan. (d) North arrow, property dimensions, access street, adjoining property lines, side yard dimensions and all easements shall be shown. (e) A typical interior street cross section shall be shown on the plot plan. Pro- posed street grades shall be shown on the plot plan. (f) A drainage plan shall be shown on the plot plan. This shall include a plan to control both on-site and off-site storm water run-off through the mobilehome park. (g) Existing contours shall be shown. W Location and size of all utilities including water and sanitary sewer. 20. TRAVEL TRAILER AND BOAT STORAGE SITE: No travel trailer sites for living purposes shall be allowed within any Mobilehome Park R -TP zone, A suitable site shall be provided and fenced -for the storage only of travel trailers and boat trailers. No travel trailers shall be stored on sites con- taining mobilehomes. Chapter 11.16.070 Awl _82rjEyLtyral District A. PERMITTED USES: 1. Any use permitted in the R-1 and R-2 districts. 2. All agricultural uses, including commercial poultry and fowl hatcheries, 3. Accessory buildings: Including a private garage, accessory living quarters in- cluding dwellings -for the use of persons employed on the premises, guest house, recreation room, greenhouse, and stable. 4. One stand for display and sale of only those products produced upon the premises, provided the plan for construction is approved by the building inspector and that it does not exceed an area of one hundred and fifty square feet. B.- MINIMUM SIZE OF LOT: Not specified. C. MAXIMUM HEIGHT OF BUILDING: (a) Stories: Three. (b) Feet: Thirty-five. D. MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON: Not specified. E. MINIMUM YARD DIMENSIONS: I. Front yard: Fifty feet. 2. Side yard: Ten feet. 3. Street side yard: Fifteen feet. 4. Rear yard: Thirty feet. F. MINIMUM FLOOR AREA: Not specified. G. FENCE AND HEDGE REQUIREMENTS: As provided in Section '11.16,180. H. MINIMUM OFF-STREET PARKING AND LOADING SPACE: As provided in Section 11.16.160. (Ord. 1702 & 13, passed July 6, 1964). CHAPTER 11.16.080 GENERAL COMMERCIAL ® C-1 A. INTENT: The intent and objective of this classification and its application is to provide for the location of a grouping of uses which are considered com- patible uses having common or similar performance standards in that they repre- sent types of enterprises involving the rendering of services, both professional or to the person, or on premise retail business activities as those that are permitted and allowed in the CBD district. B. PERMITTED USES: Any of the following 'types of uses are permitted and allowed by this classification, subject to the limitations and restrictions set forth hereinafter, 1. Accounting, Auditing and Bookkeeping Services. 2. Advertising Agencies. 3. Antiques and Secondhand Merchandise. 4. Apartment Hotels. 5. Appliances - Retail sales with appliance repair as a secondary use. 6. Architectural and Engineering Offices. 7. Automobile Dealerships - New Automobiles. 8. Automobile Parking Lots. 9. Bakery - Retail sales only and the products of which are sold only on the premises. 10. Banking and Bank Related Functions. 11. Barber and Beauty Shops. 12. Battery and Accessory Sales - Retail sales on premises only, no manufacturing of products permitted. 13. Bowling Alleys. 14. Business Associations. 15. Business Schools - Barber, Beauty, Correspondence etc. 16. Bus Passenger Terminals. 17. Camera and Photographic Equipment - Retail sales only with repair and servic- ing as a secondary use to retail sales. 18. Candy, Nuts and Confectionery - Retail sales only, the products of which are sold only on the �remises.. 0 19. Caretaker Apartment. 20. Civic, Social and Fraternal Associations. 21. Convalescent and Rest Homes. 22. Credit Services, Collection and Reporting - other than banking institutions. 23. Custodian Service Business. 24. Dairy Products - Retail sales only and the products of which are sold only on the premises. 25. Department Stores. 26. Detective and Protective Services. 27. Direct Selling Organizations. 28. Drinking Establishment - Alcoholic beverages served as an accessory use to the primary use of a restaurant. 29. Drug and Propriety Store - Retail sales only. 30. Dry Cleaning and Laundry Services. 31. Duplicating, Mailing and Stengraphic Services. 32. Eating Establishments i.e. Restaurants. 33. Electrical Supplies Retail Sales. 34. Florist Shop. 35. Fruit and Vegetable Sales. 36. Funeral Homes. 37. Furniture, Home Furnishings and Equipment Retail sales. 38. Furriers and Fur Apparel - Retail sales. 39. Government Offices. 40. Grocery Stores Retail sales. 41. Hardware Stores Retail sales. 42. Heating and Plumbing Equipment - Retail sales. 43. Hospitals. 44. Hotels. 45. Household Appliances - Retail sales with appliance repair as a secondary use. 39 46. Insurance, Agents and Brokers Business. 47. Jewelry - Retail sales and repair - including watch and clock repair. 48. Labor Unions or Organizations. 49. Laundry Self -Service. 50. Liquor Store - Retail sales with NO on premises consumption. 51. Meat and Fish Markets - Retail sales. 52. Medical and Dental Clinics. 53. Mens and Boys Clothing Store - Retail sales. 54. Merchandise Vending Machine Supplies and Equipment - Retail sales only. 55. Miscellaneous Light Manufacturing - i.e. toys, jewelry, ceramics, musical instruments etc. - Retail sales of the products to be sold only on the pre- mises. 56. Motor Vehicle Accessories - Retail sales only. 57. New Automobile Dealerships. 58. News Syndicate Services. 59. Offices - Business and Professional. 60. Optometrists and Supplies. 61. Paint, Glass and Wallpaper Supplies - Retail sale. 62. Pet Shop and Supplies. No outside storage of animals. 63. Printing, Publishing and Allied Industries - Retail sales only on the pre- mises. 64. Radio Broadcasting Studios. 65. Radio, Television and Music Shops - Retail sales with servicing and repairs as a secondary use to the primary function of retail sales.. 66. Real Estate and Related Services. 67. Retail Stores and Shops. 68. Schools - Art, music, dancing etc, - including professional and business schools. 69. Security and Commodity Activities. 40 70. Shoe Store - Retail sales and repair as a secondary use to shoe sales. 71. Shoe Shine and Repair Shops. 72. Sporting Goods Shop - Retail sales. 73. Studios - Music, art, voice, radio, television, etc. 74. Tailoring, Custom. 75. Taxicab Service. 76. Telephone Exchanges. 77. Tire Shops Retail sales with NO recapping on premises. 78. Theaters -Ex Drive -In Theaters. 79. Variety Stores. 80. Welfare and Charitable Services. 81. Womens Apparel and Accessories - Retail sales. Any other uses that are determined by the Planning Director to be of the same general character as the above permitted uses in accordance with the stated purpose of the district. C. ACCESSORY USES: Any uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. Signs shall be permitted subject to Chapter 11.16.240. D. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: The following uses are permit- ted when authorized by the Council pursuant to the provisions of Chapter 11.16. 235, providing that such uses are to be located in, this zone subject to the grant- ing of a Conditional Use Permit: 1. Animal Hospital Services and Veterinarian Services - No outside runs or animal storage will be permitted in this district. 2. Apartment Buildings. 3. Auditoriums. 4. Churches, Synagogues and Temples. 5. Electrical Substation. 6. Fire Station. 7. Gas Pressure Control Station 8. Motels and Tourist Courts. 9. Retirement Homes and Orphanages. 21 10. Vocational or Trade Schools. E. LIMITATIONS AND RESTRICTIONS: Every use located in a C-1 zone shall be subject to the following further conditions, restrictions and limitations: 1. All uses shall be conducted wholly within a building except as follows: a. Automobile sales. At other retail establishments, merchandise or other goods, products or con- tainers may be displayed outside the building providing, however, that the space occupied by such displays of merchandise of goods shall not extend more than eight (8) feet beyond the building line and provided further, that en- trances to the premises shall not be blocked by such displays and shall not occupy portions of the lot normally required for off-street parking purposes. Where such sale Is conducted, off-street parking spaces may not be reduced below the minimum requirements of Chapter 11.74 and all entrances to and exits from off-street parking areas and the business building shall be kept clear at all times. Loading and unloading of merchandise shall be done on private property in such a manner so as not to interfere in any way with the vehicular, pedestrian traffic on public ways or on the off-street parking areas. 2. Any repairing done on the premises shall be incidental only, and limited to custom repairing of the -types of merchandise sold on the premises at retail. The floor area devoted to such repairing shall not exceed thirty percent (30%) of the total floor area occupied by the particular enterprise, EXCEPT that the limitations of this paragraph shall not apply to shoe, radio, television or other small household appliance repair service. 3. Storage shall be limited to accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises. 4. Use of cleaning agents shall be limited to nonflammable and nonexplosive fluids with a f I ash., potnt above one hundred thirty-eight and five -tenths degrees f ah- renhelt (138.57) in a closed safety cleaning system. 5. Any buildings or structures or portion thereof used to house animals in con- nection with small animal hospitals and clinics shall be sound -proofed; the animal runs shall be surfaced with concrete or other impervious material; there shall be no burning of refuse or dead animals; drainage shall be away from ad- joining properties. 6. All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, odor, fumes, gases, smoke, vibra- tion, hazard or other causes; and any use, the operation of which produces odor, fumes (toxic or non-toxic), gases, airborne solids or other atmospheric contaminants shall be allowed to locate only if conforming in every respect to any rules and regulations established by an applicable and qualified public agency. F. HEIGHT RESTRICTIONS: In a C-1 zone, no building shall exceed four (4) stories or forty-five (45) feet in height, whichever is the lesser,'EXCEPT as restricted by airport zone, G. LOT AND SETBACK REQUIREMENTS: No bui'ldtng, structure or product offered for sale shall occupy that portion of any front yard within twenty (20) feet of the street property Ifne or within fifteen (15)_ feet of a side street property line. 42 H. SIGNS: As provided. for in Chapter 11.16.240 of this Title. I. PARKING REQUIREMENTS: As provided for in Chapter 11.16.160 of this Title. J. MINIMUM LANDSCAPING REQUIREMENTS: As provided in Chapter 11.16.280. MAWNIS CENTRAL BUSINESS'DrSTRICT - C-2_LBDJ A. INTENT: The intent of the Central Business District is to set apart that por- tion of the City which forms the metropolitan center -for financial, commercial, governmental, professional and cultural activities. The protective standards for the general land use contained in this Chapter are intended to minimize any adverse effect on the Central Business District property values, and to provide for safe and efficient use of the district itself. Also, it Is hoped that these standards can promote and encourage existing land uses to update aesthetic stan- dards, maintain architectural compatibility and to discourage those uses likely to create friction; all of these should influence an attractive and a prosperous business community. This district is not intended for general application through- out the City. B. PERMITTED USES: Any of the following types of uses are permitted and allowed by this classification, subject to the limitations set forth hereinafter: 1. Accounting, Auditing and Bookkeeping Services. 2. Advertising Agencies. 3. Antiques and Secondhand Merchandise. 4. Apartment Hotels. 5. Appliances - Retail sales with appliance repairs as a secondary use. 6. Architectural and Engineering Offices. 7. Automobile Parking Lots. 8. Automobile Accessories - Retail sales only. 9. Bakery - Retail sales only and the products of which are sold only on the premises. 10. Banking and Bank Related Functions. 11. Barber and Beauty Shops. 12. Business Associations. 13. Business Schools - Barber, Beauty, Correspondence etc. 14. Bus Passenger Terminals. 15. Camera and Photographic Equipment - Retail sales only with repair and servic- ing as a secondary use to retail sales. 16. Candy, Nuts and Confectionery - Retail sales only, the products of which are sold only on the premises. 44 17. Caretakers Apartment. 18. Civic, Social and Fraternal Associations. 19. Clock and Watch Repair Service. 20. Credit Services, Collection and Reporting - other than banking institutions. 21. Dairy Products - Retail sales only, the products of which are sold only on the premises. 22. Department Stores. 23. Detective and Protective Services. 24. Direct Selling Organizations. 25. Drinking Establishment. Use of drinking establishments be restricted to use of alcoholic beverages secondary to a restaurant. 26. Drug and Propriety Store - Retail sales only. 27. Dry Cleaning and Laundry Services. 28. Duplicating, Mailing and Stenographic Services. 29. Eating Establishments - i.e. Restaurants. 30. Electrical Supplies - Retail sales. 31. Florist Shop. 32. Fruit and Vegetable Sales. 33. Funeral Homes. 34. Furniture, Home Furnishings and Equipment - Retail sales. 35. Furriers and Fur Apparel - Retail sales. 36. General Retail Stores. 37. Glass and Wallpaper Supplies - Retail sales. 38. Government Offices. 39. Grocery Stores. 40., Hardware Stores - Retail Sales. 41. Hotels. 42. Household Appliances - Retail sales with appliance repair as a secondary use. 43. Insurance, Agents and Brokers Business. 44. Jewelry - Retail sales and repair - including watch and clock repair. 45 45. Labor Unions and Organizations. 46., Laundry Self -Service. 47. Legal Offices. 48. Liquor Store - Retail sales with NO on premisee consumption. 49. Meat and Fish Markets - Retail sales. 50. Medical and Dental Clinics. 51. Mens and Boys Clothing Store - Retail sales. 52. Merchandise Vending Machine Supplies and Equipment - Retail sales only. 53. Museums. 54. News Syndicate Services. 55. Offices - Business and Professional. 56. Optometrists and Supplies. 57. Paint, Glass and Wallpaper Supplies - Retail sales. 58. Pet Shop and Supplies. 59. Professional Membership Organizations. 60. Radio and Television Broadcasting Studios. 61. Radio, Television and Music Shops - Retail sales with servicing and repairs as a secondary use to the primary function of retail sales. 62. Real Estate and Related Services. 63. Retail Stores and Shops. 64. Schools - Art, Music, Dancing etc. - including professional and business schools. 65. Security and Commodity Activities. 66. Shoe Store - Retail sales and repair as a secondary use to shoe sales. -67.- Shoe Shine and Repair Shops - 68. Sporting Goods Store - Retail sales. 69. Studios - Music, art, voice, radio, television etc. 70. Tailoring Shop- Custom. 71. Taxicab Service Areas. 46 72. Telegraph Message Centers, 73. Theaters - !ExEcept Drive -In Theaters, 74. Variety Stores. 75. Welfare and Charitable Services. 76. Womens Apparel and Accessories - Retail sales. Any other uses that are determined by the Planning Director to be of the same general character as the above permitted uses, and in accordance with the stated purpose of the district. C. ACCESSORY USES: Any uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. Signs shall be permitted subject to Chapter 11 .16.240, D. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: The following uses are permit- ted when authorized by the Council pursuant to the provisions of Chapter 11.16. 235, providing that such uses are to be located in this zone subject to the grant- ing of a Conditional Use Permit: 1. Apartment Buildings. 2. Auditoriums. 3. Churches, Synagogues and Temples. 4. Electrical Substation. 5. Fire Stations. 6. Gas Pressure Control Stations. 7. Miscellaneous Light Manufacturing - i.e. Jewelry, ceramics, toys, musical instruments etc. 8. Motels and Tourist Courts. 9. Printing, Publishing, and Allied Industries for retail sales on premises. 10. Retirement Homes and Orphanages. E. LIMITATION ON PERMITTED USES: Every use permitted shall be subject to the follow- ing conditions and limitations: 1. All uses shall be conducted wholly within an entire . ly enclosed building EXCEPT a. Public utility installation. b. Parking and loading areas, c. Public off-street parking lots. 2. All products made incidental to a permitted use which are manufactured, or processed or treated on the premises shall be sold on the premises only and 47 at retail only, and not more than three (3) persons may be employed in manu- facturing, processing or treatment of products, EXCEPT that this limitation shall not apply to restaurants and retail bakeries. 3. Any repairing done on the premises shall be Incidental only and limited to custom repairing of the types of merchandise sold on the premises at retail; the floor area devoted to such repairing shall not exceed twenty percent (20%) of the total floor area occupied by the particular enterprise of which it is a part, EXCEPT that the limitations of this paragraph shall not apply to shoe, radio, television or other small household appliance repair service. 4. No used or secondhand articles, materials or equipment unless accessory to the primary activity may be sold, offered for sale, or stored on the premises, EXCEPT paintings, objects of art or antfques. 5. Storage shall be limited to an accessory storage of commodities sold at retail on the premises or materials used in the limited fabrication of commodities sold at retail on the premises, no open storage of commodities shall be allowed. 6. All operations conducted on the premises shall not be objectionable beyond the property boundary lines by reason of noise, steam, odor, fumes, gases, smoke, Vibration, hazard or other causes, and any use which produces odor, fumes (toxic or non-toxic), airborne solids or other atmospheric contaminants shall be allow- ed to locate only if conforming in every respect to the regulations established by federal or state laws and City Ordinances. 7. If a building site has a property boundary line shich is a common line with an R Classified District then said building site shall conform to the provisions as set forth and specified by Chapter 11.16.180. F. HEIGHT REGULATIONS:. In the Central Business District, no building shall exceed four (4) stories or forty-five (45) feet which ever is the lesser. G. LOT AND SETBACK REQUIREMENTS: Front Yard - 5 feet. . Side Street Yard - 5 feet. H. SIGNS: All signs shall be subject to provisions of Chapter 11.16.240 of this Title. 1. PARKING REQUIREMENTS: As provided for in Chapter 11.16.160 of this Title. J. MINIMUM LANDSCAPING REQUIREMENTS: As provided in Chapter 11.16.280. 48 CHAPTER. 11-41.6,-090 HEAVY COMMERCIAL - C-3 A. INTENT: The intent and objectives of this classification and Its application is to provide for the location of and grouping of enterprises which may involve some on -premise retail service but with outside activities and display or fabri- cation, assembling and service features. The uses enumerated in this classifi- cation are considered as having common or similar performance standards in that: They are heavier in type than those uses permitted in the more restrictive com- mercial classifications and yet are measurably lighter uses than those first permitted in the wholesale commercial and industrial districts; and they do not normally involve as intensive use of land as comprising retail shopping area. B. PERMITTED USES: Any of the following types of uses are permitted and allowed by this classification, subject to the limitations and restrictions set forth here- inafter. 1. Accounting, Auditing and Bookkeeping Services. 2. Advertising Agencies. 3. Animal Hospital Services and Veterinarian Services - No outside runs or animal storage will be permitted in this district. 4. Antique and Secondhand Merchandise. 5. Apartment Hotels. 6. Appliances - Retail sales with appliance repair as a secondary use. 7. Architectural and Engineering Offices. 8. Auction Houses - Excluding Animals. 9. Automobile Accessories - Retail sales. 10. Automobile and Truck Rental and Leasing Services. 11. Automobile Parking Lots. 12. Automobile Sales - New and Used. 13. Automobile Service Stations. 14. Automobile Repair Service. 15. Automobile Wash. 16. Bakery - Retail sales and the products of which are sold only on the premises. 17. Banking and Bank Related Functions. 18. Barber and Beauty Shops. 19. Beverage - Manufacturing, Bottling and Canning. 49 20. Bottled Gas. 21. Bowling Alleys. 22. Building Contractor Service. 23. Business Associations. 24. Bus Passenger Terminals. 25. Business Schools - Barber, Beauty, Correspondence etc. 26. Camera and Photographic Equipment - Retail sales with repair and servicing as a secondary use to retail sales. 27, Candy, Nuts and Confectionery - Retail sales, the products of which are sold only on the premises. 28. Caretakers Apartment. 29. Civic, Social and Fraternal Associations. 30. Clock and Watch Repair Services. 31. Credit Services - Collection and Reporting.- other than banking institutions. 32. Custodian Services. 33. Dairy Products - Retail sales only, with the products of which are sold only on the premises. 34. Department Stores. 35. Detective and Protective Services. 36. Direct Selling Organizations. 37. Drinking Establishments - Alcoholic. 38. Driving Schools. 39. Drug and Propriety Store - Retail sales. 40. Dry Cleaning and Laundry Services. 41.- Dupli-cating, Mailing and -Stenographi-c Services. 42. Eating Establishments,- Restaurants. 43. Electrical Contracting Business. 44. Electrical Supplies - Retail sales. 45. Equipment Rental and Leasing. 50 46. Florist Shop. 47. Food Locker Services. 48. Fruit and Vegetable Sales. 49. Fuel Oil Service. 50. Furniture, Home Furnishings and Equipment - Retail sales. 51. Furriers and Fur Apparel Sales. 52. Garden and Farm Supplies. 53. General Contractors Offices. 54. Grocery Stores. 55. Hardware Stores - Retail sales. 56. Heating and Plumbing Equipment - Retail sales. 57. Heavy Equipment and Truck Repair Services. 58. Horticulture Services. 59. Hotels. 60. Household Moving and Storage. 61. Ice -Skating Arena. * 62. Insurance, Agents and Brokers Business. 63. Jewelry - Retail sales and repair services. 64. Labor Unions or Organizations. 65. Laundry Self -Service. 66. Liquor Store. 67. Meat and Fish Markets - Retail sales. 68. Medical and Dental Clinics. 69. Mens and Boys Clothing Store - Retail sales. 70. Merchandise Vending Machine Supplies and Equipment Retail sales only. 71. Miscellaneous Light Manufacturing - i.e. Toys, jewelry, ceramics, musical instruments etc. - Retail sales of the products to be sold on the premises. 72. Motels and Tourist Courts. 73. Motor Vehicle Licensing Centers. 51 74. News Syndicate Services, 75. Nursery and Horticultural Products - Retail sales. 76. Offices - Business and Professional. 77. Optometrists and Supplies. 78. Painting and Decorating Contractors. 79. Paint, Glass and Wallpaper Supplies - Retail sales. 80. Photo -finishing Services. 81. Plumbing and Heating Contractors. 82. Printing, Publishing and Allied Industries - Retail sales on premises only. 83. Professional Membership Organizations. 84. Radio Broadcasting Studios. 85. Radio, Television and Music Shops - Retail sales with servicing and repairs as a secondary use to the primary function of retail sales. 86. Real Estate and Related Services. 87. Retail Stores and Shops. 88. Re -Upholstery and Furniture Repair Services. 89. Schools - Art, music, dancing etc. - Including Professional and business schools. 90. Security and Community Activities. 91. Shoe Store. 92. Sporting Goods Shop - Retail sales. 93. Storage Warehousing - No retail'or wholesale sales. 94. Tailoring, Custom. 95. Taxicab Service. 96. Telegraph Message Centers. 97. Telephone Exchanges. 98. Television Studios. 99. Theaters - Not including Drive -In Theaters. 100. Tires, Batteries and Accessories. 101. Welfare and Charitable Services. 52 102. Womens Apparel and Accessories. Any other use that is determined by the Planning Director to be of the same gen- eral character as the above permitted uses In accordance with the stated purpose of the district. C. ACCESSORY USES: Any uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. Signs will be permitted subject to Chapter 11.16.240. D. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: The following uses are permit- ted when authorized by the Council pursuant to the provisions of Chapter 11.16. 235, providing that such uses are to be located in this zone subject to the grant- ing of a Conditional Use Permit: 1. Apartments. 2. Auditoriums. 3. Electric Substations. 4. Fire Stations. 5. Gas Pressure Control Stations. 6. Manufacturing - Apparel and other finished products made from fabrics, leather and similar materials; manufacturing professional, scientific and controlling instruments (photo and optical goods; watch and clock manufacturing etc.). 7. Railroad Transportation. 8. Retirement and Convalescent Homes. 9. Roller -Skating Arenas. 10. Stadiums. 11. Vocational or Trade Schools. E. LIMITATIONS AND RESTRICTIONS ON PERMITTED USES: Every use located in a C-3 zone shall be subject to the following further conditions, restrictions and limitations; 1. Automobile service station buildings, structures and the leading edge of the pump islands shall not be closer than twenty (20) feet from all property lines. Signs shall be located not closer than fifteen (15) feet from any proerty line; EXCEPT that service station canopies and marquees may project ten (10� feet into the required fifteen (15) foot setback. Provided further than where there is an adjoining "R" zone without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by the dis- trict boundary line have adjacent front yards, a six (6) foot solid screen shall be constructed to separate the automobile service station use from the adjacent "R" zone, said fence shall be reduced to -forty-two (42) inches adja- cent to the adjoining "R" district required front yard setback as specified in Chapter 11.16.180. 53 F. HEIGHT: No maximum height specified, EXCEPT when a but1ding exceeds thirty-five (35) feet in height, the portion of the building above thirty-five (35) feet shall set back one (1) foot from each property line for each one (1) foot such building exceeds thirty-five (35) feet in height or as restricted by airport zone. G. LOT AND SETBACK REQUIREMENTS: No building, structure or product offered for sale shall occupy that portion of any y yard within twenty (20) feet of the street prop- erty line or within fifteen (151 feet of a side street property line. H. SIGNS: As provided in Chapter 11.16.240 of this Title. I. PARKING REQUIREMENTS: Subject to the provisions of Chapter 11.16.160. J. MINIMUM LANDSCAPING REQUIREMENTS: As provided -for in Chapter 11.16.280. 54 CHAPTER 11.16.095 WHOLESALE COMMERCIAL' -'C-4 A. INTENT: The intent of the Wholesale Commercial District is to provide for the location of limited retail, wholesale, warehousing and limited manufacturing establishments. This district is Intended to provide standards of location and performance for commercial uses which require: Especially large land areas, lesser public services, and more convenience for vehicular circulation with less accommodation for pedestrians. The uses permitted In the C-4 district are generally -those which are not entirely compatible with the uses in other commer- cial districts because of heavy -type demands, type of commodities and goods hand- led, need for larger sites, and certain distracting and interruptive influences.. B. PERMITTED USES: Any of the following types of uses are permitted and allowed by this classification, subject to the limitations and restrictions set forth here- inafter. 1. Advertising Business. 2. Appliances - Retail sales and repair. 3. Automobile Parking. 4. Automobile Repair Service. 5. Automobile Sales - New and Used. 6. Automobile Wash Service. 7. Bakery - Manufacturing and retail sales. 8. Beer, Wine and Alcoholic Beverages - Wholesale. 9. Building Contractors. 10. Bus Passenger Terminal. 11. Caretakers Apartment. 12. Confectionery and Related Products - Manufacturing. 13. Drug, Chemical and Allied Products - Wholesale Trade. 14. Electrical Contractors. 15. Electrical Appliances and Supplies - Retail sales, wholesale trade and repairs. 16. Food Locker Service. 17. Furniture - Home Furnishings and Equipment. 18. Garden and Farm Supplies. 19. Gasoline Service Stations. 20. General Contracting Business. 55 21. General Warehousing, 22, Groceries and Related Products - Wholesale Trade. 23. Hardware Store - Retail sales. 24. Hardware, Plumbing, Heating Equipment and Supplies - Wholesale Trade. 25. Heavy Equipment and Truck Repair. 26. Household Goods Storage. 27. Household Moving and Storage. 28. Lumber and Building Materials - Retail Sales. 29. Machinery, Equipment and Supplies - Wholesale Trade. 30. Mail Order Houses - Retail Trade. 31. Merchandise Vending Machine Supplies and Equipment - Retail sales. 32. Miscellaneous Light Manufacturing - i.e. Jewelry, toys, musical instruments, ceramics etc. 33. Motor Freight Transportation. 34. Motor Vehicle Accessories - Retail sales. 35. Motor Vehicle and Automotive Equipment - Wholesale Trade. 36. Painting and Decorating Contractors. 37. Paint, Glass and Wallpaper Supplies - Retail sales. 38. Photo -finishing Services. 39. Plumbing and Heating Contractors. 40. Radio and Television Repair Services. 41. Radio, Television and Music Supplies - Retail sales. 42. Refrigerated Warehousing. 43. Re -Upholstery and Furniture Repair. 44. Sporting Goods Shop - Retail sales. 45. Storage Yards - Contractor Services. 46. Taxicab Services. 47. Tires, Batteries and Accessories - Retail sales - Recapping permitted. 48. Veterinarian Services. 56 Any other use that is determined by the Planning Director to be of the same ry general character as the above permitted uses in accordance with the stated purpose of the district. C. ACCESSORY USES: Any uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. Signs shall be permitted subject to Chapter 11 .16.240. D. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: The following uses are per- mitted when authorized by the Council pursuant to the provisions of Chapter 11. 16.235, provided that such uses are to be located in this zone subject to the granting of a Conditional Use Permit: 1 . Auditoriums. 2. Canning and Preserving Food Products. 3. Drive -In Theaters. 4. Electric Substations. 5. Fire Stations. 6. Gas Pressure Control Stations. 7. Professional, Scientific and Controlling Instruments - i.e. photographic and optical goods, watch and clock manufacturing etc. E. LIMITATION AND RESTRICTIONS ON PERMITTED USES: Every use within the C-4 Classi- fication shall be subject to the following conditions and limitations: 1. Automobile service station buildings, structures and the leading edge of the pump islands shall not be closer than twenty (20) feet from all property lines. Signs shall be located not closer than fifteen (15) feet from any property line; EXCEPT that service station canopies and marquees may project ten (10) feet into the required fifteen (15) feet setback. Provided further, that where there is an adjoining "R" zone without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots sep- arated by the district boundary line have adjacent front yards, a six (6) foot solid screen shall be constructed to separate the automobile service station use from the adjacent "R" zone, said fence shall be reduced to forty- two (42) inches adjacent to the adjoining R -District front yard setback, and no ground sign shall be within fifty (50) feet of an "R" District. 2. If a building site has a boundary line which is a common property line with an "R" classified property, a wall or view obscuring fence or hedge shall be constructed as specified by Chapter 11.16.180. F. HEIGHT: No maximum height specified, EXCEPT when a building exceeds thirty-five (35) feet in height, the portion of the building above thirty-five (35) feet shall set back one (1) foot from each property line for each one (1) foot such building exceeds thirty-five (351 feet in height. G. LOT AND SETBACK REQUIREMENTS: No building, structure or product offered for sale shall occupy that portion of an yard within twenty (20) feet of the street prop- erty line or within fifteen (15� feet of a side street property line. 57 H. SIGNS: As provided in Chapter 11.16.240 of Ws Tttle. 1. PARKING REQUIREMENTS: Subject to the provisions of Chapter 11.16.160. J. MINIMUM LANDSCAPING REQUIREMENTS: As provided for in Chapter 11.16.280. CHAPTER 11.16.100 NEIGHBORHOOD SHOPPING' -'C -N A. INTENT: Neighborhood shopping center zones are intended for neighborhood shopping centers which provide limited retail business, service and office facilities for, the convenience of residents of the neighborhood. A neighbor- hood shopping center is designed and located so as to minimize traffic conges- tion 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 shop- ping center on nearby property values and to provide for safe and efficient use of the shopping center itself. Submission of a market analysis is intended in order to establish evidence of a need for a change in the comprehensive zoning plan for -the city and to substantiate a finding that such change will promote the general welfare of the city . No new "C -N" zones shall be established, EXCEPT in accordance with the regulations stated in this chapter. EXCEPT as specifically provided elsewhere in -this chapter, any and every new building and premises or land in the "C -N" zone shall be used or occupied and every building shall be erect- ed, constructed, established, altered, enlarged, maintained, moved into or within such "C -N" zone exclusively and only in accordance with the regulations stated in this Title. B. GENERAL AND DESIGN REGULATIONS: When establishing a new "C -N" zoned district it shall be in accordance with the following general procedures and requirements and those as set forth in this chapter: 1. Non -Conforming Uses: A "C -N" zone shall not be established upon a parcel of . .... .... . . ... g ­ ali'll(I VillI ll(!hi WbM —contat-n a nonconforming use, building or structure after the passage of this Title unless the development plan for the shopping center includes the elimination of the nonconforming use, building or structure. 2. Traffic Circulation Plan: The petitioner shall submit a traffic circulation pTaW--showin�F—the ad—equacy of the street providing access to the shopping center to carry the traffic generated by the shopping center, proper methods of ingress and egress to and from the center, necessary acceleration and deceleration lanes and necessary traffic devices, including channelization. 3. Preliminary Development Plan: The petitioner shall submit a preliminary devel- opment plan for the shopping center showing a unified and organized arrangement of buildings, off-street parking, internal traffic circulation and service facilities which are feasible for the property on which the center is proposed and which planned development shall minimize any adverse effect of the center on the properties surrounding the proposed development. The plan must contain information showing compliance with the requirements of this chapter and all other applicable provfsfons of this Title or other ordinances. 4. Cost Of Improvements: The petitioner or developer shall be required to pay Vh�_e__cost of th_tr"uctfon and installation of improvements on streets abutt- ing the shopp-Mg center, including any acceleration and deceleration lanes or traffic channelizatton devices deemed necessary to control traffic generated by the shopping center, and shall dedicate or deed lands abutting the shopping center for street wfdening purposes when so required by the city. In order to provide for such improvements or street widening, the city may require that the petitioner or developer: a. Submit a subdivision or record of survey man for approval by the city prior to the issuance of building permits for structures to be erected within the shopping center; or, 59 b. Enter into a contractural agreement with the city whereby the developer shall be held responsible for such improvements or street widening. 5. Final Site Dp-velopwent Plan: No building permit shall be issued for any struc- Tu—re—fin—a- zone---u-n—tir-1—t-he final site development plan forthe entire center has been submitted and approved by the Planning and Public Works Depart- ments as complying with the regulations and requirements of this chapter and all other applicable provisions of this Title or other ordinances. No changes shall be made in the final site development plan during the course of construc- tion pursuant thereto without first obtaining the prior approval of the Plan- ning and Public Works Departments. Copies of the approved final site develop- ment plan shall be kept on file in the Planning and Public Works Departments and any changes which may be approved shall be noted thereon. C. REVIEW: A building permit shall be secured and construction begun in accordance with the approved final site development plan for a "C -N" zone within two years from the effective date of the ordinance establishing such zone. Application may be made to the Planning Commission and City Council -for not more than a one-year extension of the time limit for commencement of construction. In the event that construction is not started within the specified time limits, the Planning Director shall review the zoning and the progress which has taken place and , if deemed necessary, initiate proceedings to reclassify the property in a manner consistent with the comprehensive zoning plan. All construction authorized in the approved final site development plan for a "C -N" zone must be completed within three (3) years of the date construction is commenced. Application may be made to the Planning Commission and City Council for not more than a one-year extension of the time limit for completion of construction. A plan for staged development which will require more time than the limits contained herein may be approved by the Planning Commission and the City Council at the time the "C -N" zone is approved by the Planning Commission and City Council prior to or during the course of construction of the shopping center. In the event that construction is not completed within the time limits specified by the City Council or, by this chapter, the Planning Director shall review the zoning and the development which has taken place and, if deemed necessary, initiate proceedings to reclassify the Property in a manner consistent with the co�mrthensive 12!2jng plan. D. PERMITTED USES: All uses in a neighborhood shopping center zone shall be conducted wholly within a building, except such as plant nurseries, newstands, off-street parking and similar enterprises customarily conducted in the open. Storage shall be limited to accessory storage of commodities sold at retail on the premises. The following uses shall be permitted: I. Automobile Parking. 2. Bakery - Retail sales with the products of which are sold only on the premises. 3. Barber and Beauty Shops. 4. Camera and Photographic Equipment and Supplies - Retail sales. 5. Candy, Nut and Confectionery - Retail sales, the products of which are sold only on the premises. 6. Dairy Products - Retail sales with the products of which are sold only on the premises. MOO 7. Department Stores. 8. Drug and Propriety Store - Retail sales. 9. Florist Shop. 10. Fruit and Vegetable Sales. 11. Furriers and Fur Apparel Retail sales. 12. Grocery Stores. 13. Laundry and Dry Cleaning. 14. Laundry - Self Service. 15. Meat and Fish Markets Retail sales. 16. Mens and Boys Clothing Sales. 17. Radio, Television and Music Supplies - Retail sales. 18. Retail Stores and Shops. 19. Shoe Store Retail sales with repair services secondary to retailing. 20. Tailoring Custom. 21. Variety Stores. Uses customarily incidental to the permitted uses, including the repair of goods of the type sold in stores in the center; provided, that such repair may not be carried on as a separate business, EXCEPT as specifically permitted in these use regulations; and provided further that there shall be no manufacturing, assembling, compounding, processing or treatment of products, other than that which is clearly incidental and essential to the permitted uses. E. USES PERMITTED SUBJECT TO CONDITIONAL USE PERMIT: The following uses are permitted when authorized by the City Council pursuant to the provisions of Chapter 11.16.235 provided that such uses are to be located in the zone subject to the granting of a Conditional Use Permit: 1. Electric Substation. 2. Fire Stations. 3. Gas Pressure Control Stations. F. AREA REQUIREMENTS: 1. Lot Area: The gross land area of�any neighborhood shopping center, including the land zoned as "C -N", shall not be less than two (2) acres nor more than ten (10) acres. The gross area of floor space in any "C -N" zone shall not exceed eighty thousand (80,000) square feet. The term "floor space", as used in this chapter, means the gross floor space of buildings, the gross areas of all platforms, floors, slabs and other areas or spaces outside of buildings which.are directly or indirectly used in the rendering of services or perfor- mance of work or in the display, sale, use, consumption, receipt, storage or 61 preparation for use or consumption of any goods, merchandise, food or other property. The dimensions of the area of land zoned for "C -N" and other per- mitted uses shall approximate those of a square rather than a strip. 2. Setbacks: EXCEPT as otherwise specified below, all buildings, structures or improvements shall provide the following setbacks: a. There shall be a minimum setback of fifty (50) feet from any public street right-of-way line adjoining the zone. b. There shall be a minimum setback of twenty (20) feet from any commercial or industrial zone. c. There shall be a minimum setback of fifty (50) feet from any C -N zone property line adjoining a residential zone. Conforming use buildings existing as of the effective date of this chapter are exempt from the above setback requirements. 3. Exceptions: The setback areas specified above in subsection 2.b may be used r the following purposes: a. Off-street parking, loading and traffic circulation, including lights for the illumination of such areas, EXCEPT where landscaped areas may be required by the Commission. b. Signs necessary to direct and control vehicular and pedestrian traffic with- in the shopping center. G. BUILDING HEIGHT LIMIT: Building heights in a neighborhood shopping center zone shall not exceed thirty-five (35) feet. H. PARKING REQUIREMENTS: Subject to the provisions of Chapter 11.16.160. I. SIGNS: Subject to the provisions of Chapter 11,16.240. J. FENCE, HEDGE AND WALL REQUIREMENTS: Subject to the provisions of Chapter 11.16.180. K. MINIMUM LANDSCAPING REQUIREMENTS: As provided for in Chapter 11.16.280. Chapter 11.16.120 M-1 _Ligt Industrial District A. PERMITTED USES: 1. The following uses are permitted in the M-1 district: Churches, educational institutions, hotels, rest homes, private clubs, fraternal societies, assembly of electrical appliances and parts, ambulance service, auction houses or stores (not including livestock), automobile sales (new and used), trailer sales and service, automobile repair garages, boat building, ceramic products, sign man- ufacturing, cold storage lockers, furniture repairs, glass shops, laboratories (experimental), lumber yards, machine shops (no punch press over five -tons), paint shops, printing establishments, plumbing shops, tire rebuilding, upholstery, storage (warehousing), taverns, contractors' offices (storage), service stations, cabinet and carpenter shops, food products manufacturing, drive"in restaurants. 2. Light industrial uses 3. Signs as provided in Section 11.16.240. B. MINIMUM SIZE OF.LOT: Not specified. C. MAXIMUM HEIGHT OF BUILDING: Not specified. D. MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON: Not specified. E. MINIMUM YARD DIMENSIONS: 1. Front yard: Twenty feet. 2. Side street yard: Fifteen feet. 3. Side yard: No yards required except for lots or parcels whose side line is adjacent to a residential district where said yard regulations shall be the same as in the residential district adjacent. F. MINIMUM FLOOR AREA: Does not apply. G. FENCE AND HEDGE REQUIREMENTS: No restrictions. H. MINIMUM OFF-STREET PARKING AND LOADING SPACE: As provided in Section 11.16.160. I. MINIMUM LANDSCAPE REQUIREMENTS: As provided in Section 11.16.280. J. INDUSTRIAL PERFORMANCE STANDARDS: As provided in Section 11.16.260. 63 Cha �r I �11 6 . �13 0 M-2 Heavv Industrial District A. PERMITTED USES: I. All industrial uses permitted in the M-1 district. 2. Automobile wrecking yard or junkyard by special permit issued by the City Counci' after recommendations and public hearing by the planning Commission. 3. Any industrial use which can conform to the industrial standards as specified in Section 11.16.260. 4. Signs as provided in Section 11.16.240. MINIMUM SIZE OF LOT: None specified. C. MAXIMUM HEIGHT OF BUILDING: Not specified. D. MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON: Not specified. E. PITN.IIMUM YARD DIMENSIONS: I. Front yard: Twenty feet. 2. Side street yard: Fifteen feet. 3. Side yard: No yards required except for lots or parcels whose side line is ad- jacent to a residential district where said yard regulations shall be the same as in the residential district adjacent. F. MINIMUM FLOOR AREA: Does not apply. G. FENCE AND HEDGE REQUIREMENTS: No restrictions. 1-1. MINIMUM OFF STREET PARKING AND LOADING SPACE: As provided in Section '11.16.160. 1 I. MIMINUM LANDSCAPING REQUIREMENTS: As provided in Section 11.16.280. J. INDUSTRIAL PERFORMANCE STANDARDS: As provided in Section 11.16.260. I CHAPTER11.16.140 LF - AIRPORT LANDING FIELD DISTRICT SECTION 11.16.141 General Provisions: A. Short Title: This title shall be known and may be cited as "The City of Auburn _F Compre e_nM1V_e Airport Zoning Ordinance." B, Purpose and Scope: There is established a comprehensive airport zoning plan for The C17Y_,_7_c_M set forth in the text and map that constitutes this title pur- suant to RCW Chap -ter 14.12. It is found that an airport hazard endangers the lives and property of users of the municipal airport and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of air- craft, thus tending to destroy or impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared: 1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the municipal airport; 2. That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be pre- vented; and, 3. That the prevention of these hazards should be accomplished, to -the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention of the creation or establish- ment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may rise and expend public funds and acquire land or interests in land. C. Conflicting Regulations: Where there exists a conflict between any of the regula- T' tir-onsor- rm'ilatf67rFs--FrTscrtbed i'n this title and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any -other matter, the more stringent limitation or requirement shall govern and prevail. D. Enforcement: It shall be the duty of the administrative agency to administer and en once t e regulations prescribed herein. Applications for permits and variances shall be made to the administrative agency or building department upon a form fur- nished by them. Applications required by this title to be submitted to the admin- istrative agency shall be promptly considered and granted or denied by it. Appli- cation for action by the Board of Adjustment shall be forthwith transmitted by the administrative agency. SECTION 11 .16.142. Def i ni ti ons : A. Genera: As used in this title, unless the context otherwise requires, words shall be defined as follows in this chapter. B. Administrative Agency: "Administrative Agency" means the City Council as provided I n RC 2. 8 C. Airport: "Airport" means City of Auburn Municipal Airp I ort. 65 D. Airport Elevation: "Airport Elevation" means the established elevation of the hllgVE�S_t point on the usable landing area. E. Airport Hazard: "Airport Hazard" means any structure, tree or use of land which obstru—c-t-s-T-Fe—airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at -the airport, F. Ai - rport Reference Point: "Airport Reference Point" means the point established as thee-approxima-te —geographic center of the airport 'landing area and so designated. G. Board of Adjustments: Means the "Board of Adjustments" of the City of Auburn as e­StaTT-,'-s1­eT*FTmer 11.22 of the Auburn City Code. H. Height: For the purpose of determining the height limits in all zones set forth 'T_n t T—sh'1 ititle and shown on the zoning map, the datum shall be mean sea 'level ele- vation unless otherwise specified. 1. Landing Area: "Landing Area" means the area of the airport used for the 'landing, taking off or taxiing of aircraft. J. Nonconforming Use: "Nonconforming Use" means any pre-existing structure, tree, naturaT­gr_oWtF —or 'use of land which is inconsistent with the provisions of this title. K. Noninstrument Runway: "Noninstrument Runway" means a runway other than an instru- merit runway. L. Person: "Person" means an individual, firm, partnership, corporation, company, a�'sociation, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. M. Runway-:- "Runway" means the paved surface of an airport landing strip. N. Structure: "Structure" means an object constructed or installed by man, including, but- out limitation, buildings, towers smokestacks, and overhead transmission lines. 0. Tree:- "Tree" means any object of natural growth. $ECTrON 11.16.143 Zones Established: A. Zones - Created: In order to carry out the provisions of this title, there are createdand —established certain zones which include all of the land lying within the noninstrument approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on the "City of Auburn Municipal Airport Imaginary Zoning Map, dated February, 196911, which is on file in the City Clerk's office, The various zones are hereby established and defined as follows in this -chapter. 1. Noninstrument Approach Zone: A noninstrument approach zone is established at eac end of 517 'noninstrument runways for noninstrument landings and take- offs. The noninstrument approach zone shall have a width of two hundred fifty feet at a distance of two hundred feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand two hundred fifty feet at a distance of ten thousand two hundred feet beyond each end of the runway, its centerline being the conti-nuation of the centerline of the runway. RR 2. Transition Zone:Transitional zones are established adjacent to each nonin- strument runway . and approach zone as indicated on the zoning map. Transition -- zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line one thousand one hundred seventy-five feet on either side of the centerline of the noninstrument runway, for, the length of such runway plus two hundred feet on each end and are parallel and level with such runway centerlines. The transi- tion zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such tran- sition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they inter- sect the surfaces of the horizontal and conical zones. 3. Horizontal Zone: A horizontal zone is established as -the area within a circle wigItscenter at the airport reference point and having a radius of five thousand feet. The horizontal zones do not include the noninstrument approach zone and the transition zone. 4. Conical Zone: A conical zone is established as the area that commences at the Fe—rT`FieFy__"bT_the horizontal zone and extends outward -therefrom a distance of three thousand feet. 5. Airport: There is established a land use classification and designated as E—F-Landing Field District. The aforesaid district is established as the des- ignation, location and boundaries -thereof and set forth and indicated on the zoning map. SECTION 11.16.144 Height: A. Height Limitations: Except as otherwise provided in this title, no structure or tree s anFe_ere`cted, altered, allowed to grow, or maintained in any zone created in this title to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for such zones in question as follows in -this chapter. B. Noninstrument Approach Zones: The height limitation for noninstrument approach zones sTa_1T_Te_as__fo_TTo_ws 7__'Une foot in height for each twenty feet in horizontal distance beginning at a point two hundred feet from and at the centerline elevation of the noninstrument runway and extending to a point ten thousand two hundred feet from the end of the runway. C. Transition Zones: The height limitations for transition zones shall be as follows: Un—e—To—ot i_n_h_e'igFt for each seven feet in horizontal distance beginning at any point one hundred twenty-five feet normal to and at the elevation of the centerline of noninstrument runways, extending two hundred feet beyond each end thereof, extend- ing to a height of one hundred fifty feet above the airport elevation which is fifty- nine feet above mean sea level. In addition to,the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the hori- zontal or conical surfaces. 67 D. Horizontal Zone- The height limitation for a horizontal zone shall be as f-O.T."I o-Wi�.­�WNu-nd red fifty feet above the airport elevation or a height of two hundred nine feet above mean sea level. E. Conical Zone: The height limitation for a conical zone shall be as follows: ne foot in height for each twenty feet or horizontal distance beginning at the periphery of the horizontal zone, extending to a height of three hundred feet above the airport elevation. SECTION 11.16.145 Use Restrictions: A. Permitted Uses: Permitted uses shall be as follows: 1. Landing, taking off and flying of aircraft; 2. Businesses incidental to and necessary or convenient for airport operations, including offices, cafes, restrooms, hangars, shops for light repairs, gasoline and oil sales and accessory structures therefor; 3. Other uses as determined by the Board of Adjustments to be related to operation and use of the airport. B. Restricted Uses:Restricted uses shall be as follows: No use may be made of T—anT airport zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, making it difficult for fliers to distinguish between aircraft lights and others, result -in glare in the eyes of fliers using the airport, impair visibility in the vicinity thereof, or otherwise endanger the landing, taking off or maneuvering of aircraft. SECTION 11.16.146 Nonconforming Use,: A. Construction Exemption: The regulations prescribed by this title shall not be construe 7_eU_t_o_ _re_q_u_1r_retNe removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of March 22, 1969, or other- wise interfere with the continuance of any nonconforming use. B. Marking and Lighting: Notwithstanding the provisions of Section 1. the owner of any nonconfov°ming rust cture or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the administrative agency to indicate to the operators of aircraft in the vicinity of the airport, the presence of such aircraft hazards. Such mark- ers and lights shall be installed and operated and maintained by the City. SECTION 11.16.147 Permits: A. Future Uses: Except as specifically provided in subdivisions (1) (2) and (3) Fe—reu-n-d—er, no material change shall be made in the use of 'land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit -therefore shall have been applied for and granted by the building department of the City. Each application for a permit shall indi- cate the purpose for which the permit is desired, with sufficient information to permit it to be determined whether the resulting use, structure or tree would conform to the regulations therein prescribed. If such determination -is in the affirmative, the permit shall be granted. 1. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy- five feet of vertical height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone. 2. In the areas lying within the limits of the noninstrument approach zones but at a horizontal distance of not less than -four thousand two hundred feet from each end of -the runways, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such noninstrument approach zone. 3. In the areas lying within the limits of the transition zones beyond the peri- meter of the horizontal zone, no permit shall be required for any tree struc- ture less than seventy-five feet of vertical height above ground except when such tree or structure, because of terrain, land contour or topographic features would extend above the height limits prescribed for such transition zones. Nothing contained in anyof the fore going exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this title except as set forth in Chapter 11.16.146. B . Exis-ting r Uses: 1. Before any nonconforming structure or tree may be replaced, substantially al- tered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the administrative agency. 2. No permit shall be granted that would allow the establishement or creation of an airport hazard or permit nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation than it was on March 22, 1969 or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. C. Nonconforming Uses Abandoned Or Destroyed: Whenever the administrative agency c7Ee Urmi'nes—tFa-t—W-no—nc7o-n-fo-r-mi�ng�struc�Lire-or tree has been abandoned or more than eighty percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations, D. Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this title, may apply to the Board of Adjustments for a variance from such regulation. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulation should result in practical difficulty or unnecessary hardship and -the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this title. E. Hazard Marking and Lighting- Any variance granted may, if such action is deemed ad'vi-s-aFFe to 6Tf_e_ct_u_­a_te-tie purpose of this title and is reasonable in the circum- stances, be so conditioned as to require the owner of the structure or tree request- ing a variance to install, operate and maintain at his own expense such markers and lights as may be necessary to indicate to fliers the presence of an airport hazard. M SECTION 11.16.148 A�eals:, A. Appeals Allowed: 'Any person aggreived, or any taxpayer affected, by any decision of the administrative agency made in its administration of this title, may appeal to the Board of Adjustment. B. Filing: All appeals hereunder must be taken within a reasonable time as provided by the -rules of the Board of Adjustment, by filing with the administrative agency and with the Board of Adjustment notice of appeal specifying the grounds thereof. The administrative agency forthwith transmit 'to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. C. Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the TE'tion 5'P—PeTiTeU-fgoF, unless the administrative agency certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the appellant and on due cause shown. D. Hearing: The Board of Adjustment shall fix a reasonable time for hearing appeals, g5-e-pu-Flic notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. E. AuthorilL The Board of Adjustment may, in conformity with the provisions of this Tlilfl­ereve`rse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances. F. Judicial Review: Any person aggr6ived, of tE-To-a-r-d-6-f-Adjustment, may appeal to provided in RCW 14.12.200. SECTION 11 .16.149 _Lena I t or any 'taxpayer affected, by any decision the Superior Court of King County as A. Violation ­ PenaltLL. Each violation of this -title or of any regulation, order, or rul-Fnq From--ul-qited hereunder constitutes a misdemeanor and is punishable by a fine of not more than five hundred dollars or imprisonment for not more than six months or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. 70 Chapter 11.16.150 P-1 Public Use District A. PERMITTED USES: The following uses subject to the approval of the Planning Commission and the City Council are permitted: I. Federal, state, county and city governmental buildings. 2. Highways, freeways and other thoroughfares. 3. Schools, playgrounds, parks. A. Other public uses as approved by the Planning Commission and City Council. B. MINIMUM SIZE OF LOT: None specified. C. MAXIMUM HEIGHT OF BUILDING: As may be approved by the Planning Commission. D. MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON: As may be approved by the Planning Commission. E. MINIMUM YARD DIMENSIONS: As may be approved by the Planning Commission. F. MINIMUM FLOOR AREA: No minimum. G. FENCE AND HEDGE REQUIREMENTS: As may be required by the Planning Commission. H. MINIMUM OFF-STREET PARKING AND LOADING SPACE: As may be required by the Planning Commission. I. MINIMUM LANDSCAPE REQUIREMENTS: As provided in Section 11.16.280. 71 Cha Rter _ll .16.155 UNC Unclassified Use District (a) PURPOSE OF CLASSIFICATION: The purpose and objective of this classification is to regulate the use of land in generally undeveloped areas or in areas not otherwise zoned following annexation thereof to the Ci ty of Auburn so as to prevent the uncontrolled intrusion of business, industrial and similar uses which would be in conflict or incompatible with existing or planned future land uses established by a Comprehensive Land Use Plan. (b) "UNCL" -- UNCLASSIFIED USE DISTRICT. Those areas heretofore or hereafter annexed to the City of Auburn for which no zoning classification has been fixed or determined by Ordinance shall be zoned "UNCL" 1— Unclassified Use District, subject to the existing status, uses, rights and limitation established and existing in such areas respectively at the time of such annexation. (c) PERMITTED USES: Zoning regulations in effect in an area prior to annexation to the City shall continue -to apply and shall be enforced by the City until such time as comprehensive zoning has been adopted by the City for the annexed area. An area annexed to the City which is not zoned shall be automatically classified as an R-1 single -family district as spec- ified in Section 8 of the Auburn City Code until comprehensive zoning for -the area has been adopted by the City. NEW SECTION ADDED; Ordinance 2622. 72 Minimum Off -Street Parkin g Requirements Accessible off-street parking facilities for the parking of self-propelled motor vehicles shall be provided on public or private property in connection with the erection or -in- crease by units or dimension of any building or structure, unless otherwise stipulated, in the amounts hereinafter specified. 1. GENERAL OFF-STREET PARKING REQUIREMENTS: Off-street parking space shall be provided in connection with the erection or increase by units or dimension or moving of any building or, structure, in the following amounts: (A) One family and two family dwellings: One parking space for each dwelling unit. (B) Multi -family and apartment houses: Located.in R-4 zones, one and one-half park- ing spaces for each dwelling unit. (C) Rooming houses, lodging houses, club rooms, fraternity and sorority houses and dormitories: Having two or more guest rooms or three or more guests - One park- ing space for each three residents or guests. (D) Hotels: One parking space for each four guest rooms. (E) motels, motor lodges, tourist homes and mobile home parks: (1) One parking space for each guest room. (2) One parking space for each mobile home. (F) Nursing homes: One parking space for each eight beds, (G) Hospitals, sanitariums: One parking space for each four beds. (H) Theaters and auditoriums: One parking space for each six seats. (1) Stadiums, ball parks and other outdoor, sport arenas: (1) One parking space for each ten seats. (2) Said parking area, or any portion thereof, may be located within five hundred feet of the nearest corner of the property on which the place of assembly is located. (J) Churches and other places of worship, and funeral homes: One parking space for each ten seats in the main chapel or assembly room. (K) Dance halls, skating rinks, bowling alleys, lodge halls, and exhibition halls, without fixed seats: (1) One parking space for each four hundred square feet of floor area used for dancing, skating or assembly. (2) Bowling alleys shall provide four parking spaces for each alley. 73 (L) Retail stores, shopping centers, supermarkets, banks, business and professional offices: 1. For buildings of two thousand square feet of floor area or less, one parking space for each five hundred square feet of total gross floor area. I 2. For buildings between two -thousand and twenty thousand square -feet of floor area, four parking spaces plus one parking space 'For each four hundred square feet of gross floor area above two thousand square feet. 3. For buildings in excess of twenty thousand square feet of floor area, fifty- two parking spaces plus one parking space for each four hundred square feet of gross floor area above -twenty thousand square feet. (M) manufacturing, warehousing and general storage: One parking space for each two thousand square feet of gross floor area. (N) Business activities conducted on premises which are substantially in an open, uncovered, open air sales area including but not restricted to new and used car lots, trailer and boat sales: One parking space for each two thousand square feet or less of sales area. Such spaces to be plainly marked "For Customer Parking". (0) Off-street requirements for uses not herein specified shall be determined by the Board of Adjustment. 2. DEVELOPMENT AND MAINTENANCE OF OFF-STREET PARKING AREAS: Every parcel of land hereafter used as a public or private off-street parking area, as required for the above stipulated uses, shall be developed and maintained as follows: (A) The parking areas shall be paved w ' ith asphaltic, concrete or similar surfacing and shall have appropriate bumper guards where needed. (B) Whenever any portion of a commercial or manufacturing parking area abutts proper zoned for residential use, a solid -fence or hedge shall be erected to a height o not less than five feet, except within front yard area where the fence may be reduced to three and one-half feet. (c) Parking areas shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling or servicing of any kind. (D) If lighting is provided, it shall be arranged to reflect away from the residen- tial area, also from any public street or highway. 3.- PROVISIONS FOR PUBLIC PARKING LOTS: The Board of Adjustment shall have the authority to issue a special property use permit for off-street parking lots in any zone which is more restrictive than that required for the major land use it is intended to serve, subject to the following conditions: 7 A (A) That a public hearing be held, written notice of which shall have been mailed to all property owners within two hundred -feet of the proposed property for, such use, at least ten days prior to the hearing. (B) That the parking lot shall be developed and maintained in accordance with the provisions of subdivision (2) of this section. (C) That no advertising signs or structures shall be erected or used in conjunction with the parking lot. (D) That entrances and exits shall be approved, as to location, by the City Engineer. (E) That the parking lot shall be subject to such other conditions as the Board of Adjustment may deem desirable in the interest of public safety, convenience, welfare and other conditions enumerated -in Section 11.04.020. , (F) That no property shall be used for a parking lot under- the provisions of this section unless and until -the Board of Adjustments shall have made an -inspection of the property to verify that it con -forms to the conditions specified in this section or any other, special conditions made a part of the special property use permit. 4. LOCATION OF OFF. -STREET PARKING FACILITIES: (A) All public or private off-street parking facilities on property other than same property as the major land use it is intended to serve. (B) The Board of Adjustment shall have the authority to permit off-street parking facilities on property other than on which the major land use it is intended to serve -is located, subject to the following conditions. 1. If any portion of the off-street parking area is established to meet the minimum amount specified for any major land use under this section, the off- street parking area shall be provided and maintained in the same ownership as that of the property on which the major land use is located. 2, A special property use permit shall have been secured from the Board of Adjustment. (C) Payment -in lieu of parking: In lieu of -furnishing the parking spaces herein- above required (except residential property), the requirements and provisions -thereof may, if approved by the Planning Commission, be satisfied by paying to the City Treasurer prior to -issuance of a building permit, the sum of one thou. - sand dollars for each parking space required under provisions of this chapter. Sums so paid shall be deposited by the City Treasurer in a special fund to be designated "City of Auburn Off -Street Parking Cumulative Fund" and shall be used and expended exclusively for acquiring, developing and maintaining off-street parking facilities by purchase of lease. Such facilities shall, whenever feas- ible, and having due regard to the statutes and sources of said fund, be acquir- ed in the general vicinity of -the buildings for which the lieu payments were paid. (5) OFF --STREET LOADING SPACE: Buildings devoted to retail trade, retail and wholesale food markets, warehouses, supply house, wholesale and manufacturing trade, hotels, hospitals, laundry dry-cleaning establishments or other buildings where large amounts "7K P � (6) of goods are received or shipped, erected in designated districts after February 6, 1967, shall provide loading and unloading space on the same premises as the building as follows: (A) Buildings of six thousand square feet or more of floor area ® One off-street loading and unloading space plus one additional off-street loading and unloading for each twenty thousand square feet of floor area. (B) Each loading space shall be not less than 'ten feet in width, twenty-five feet in length, and four -teen 'feet in height, GENERAL OFF-STREET PARKING AND LOADING PROVISIONS. (A) Existing off-street parking -facilities shall not be eliminated nor reduced to an amount less than that required for new buildings. (B) Loading space, exclusive of driveways and/or corridors leading -thereto, shall not be considered as providing off-street parking space, nor shall anything -in this chapter prevent the provision of parking space in excess of the amounts specifies (C) Whenever any building is increased in size, whether by units or dimensions, or moved from one to another lot, the following shall apply: I. Parking based on square feet of building: Any building which is remodeled, altered or enlarged, thereby increasing -the gross floor area thereof to or exceeding any minimum areas established, shall provide off-street parking -facilities for the entire building, unless said addition constitutes less than ten percent of the original gross floor area, in which case no addition• al off-street parking facilities shall be required. 2? Parking based on units: Any building, which is remodeled, altered, or en- larged so as to provide more units, shall be required to provide and maintai off-street parking facilities for the additional units, unless the units shall constitute less than ten percent of the original total units, in which case no additional off-street parking facilities shall be required. 3. Parking for building or structures moved -from one lot to another: Any build- ing or structure which -is moved from one lot to another, shall provide parki -in the amount required by this chapter -for a new building or structure (D) When units or measurements determining the number of required parking spaces result in requirements of a fractional space, any fraction up to one-half shall be disregarded and fractions of 1/2 or over shall require one parking space. (E) On any lot in any space required by side yard area. residential and agricultural districts, the off-street parking this ordinance shall not be provided in the required front or (F) On any lot in any district other than residential or agricultural, the off-stree parking and loading space required by this chapter shall not be provided in the required -front or side yard area except as otherwise specified in this chapter. (G) In R -TP Di-stricts.. each mobile home shall adjoin a private improved drive or road way which is at least sixteen feet in width. Access from the public highway or street on which the site is located shall be limited to two entrances, each not to exceed twenty-four feet in width. (Ord. 2022 Sl, passed February 6, 1967: prior Ord. 1702 S22, passed July 6, 1964.). 76 Chapter 11.16.170 Yard Projections A. FRONT YARD: The following features may extend into a front yard not to exceed the distance specified: 1. Cornices, canopies, eaves, or any similar features, none of which is less than ten feet above the 'established grade: Two (2) feet. 2. A terrace or uncovered porchwithits floor no higher than the ground floor of the building and also not more than four feet above the established grade: Six (6) feet. A railing no higher than three (3) feet may be Placed around such terrace or porch. 3. A chimney: Eighteen (18) inches. 4. A water table: Two (2) inches. (See Section 11.16.180 -for fence and hedge restrictions in front yards.) B. SIDE YARD: The above features listed under paragraphs 1, 3 and 4 of paragraph A of this section may also extend into any side yard the same distances that they are permitted to extend into the front yard. A terrace or uncovered porch not more than two feet six inches (21611) above established grade may extend into the side yard to within two feet six inches (216") of the side lot line. A terrace or uncovered porch not more than four (4) feet above the established grade may extend into the side yard to within three (3) feet of the side lot line. A railing above the floor level of the terrace or porch shall be permitted as noted in paragraph A of this section. I (See Section 11.16.180 for fence and hedge regulations in side yards.) C. REAR YARD: The following may occupy a rear yard: 1. Fences as described in Section 11.16.180. 2. All features listed in subsection (A) of this section. 3. Accessory buildings, provided, that no accessory building shall be constructed on that portion of any rear yard adjacent to and within five (5) feet of an adjoining side yard, adjacent to and within ten(10) feet of an adjoining front yard, or within ten (10) feet of any Public street, provided that any accessory 77 building constructed in an R-1, R-2, R-3, R-4, RM, R -T, R -TP and C -N district with a vehicluar entrance from a public street shall be set back a minimum of twenty (20) feet from such street to provide suffi- cient space for an automobile to park between the street and the garage without obstructing pedestrian traffic on the sidewalk or proposed sidewalk. (Ord. 1702 S23, passed July 6, 1964)® 0 Chapter 11.16.180 Fence andjedqt Regulations The following regulations shall apply in R-1, R-2, R-3, R-4, R -M, R -T, R -TP, and C -N districts, except where the requirements of screening specify otherwise: A. Except as otherwise stated in paraqraph B of this section, fences and hedges may be constructed or grown to a height not to exceed three feet six inches (3-611) in a front yard, orthe part of the side yard within ten (10) feet of the front building line of the lot. Fences and hedges may be constructed or grown to a height not to exceed six (6) feet in the remaining portion of the side yards and the rear yards. B. On every lot in an R-1, R-2, R-3, R-4, R -M, R -T, R -TP, and C -N district that abutts on two intersecting streets, or abutts on a street and an alley that intersect adjacent to said lot, the following regulations shall apply. 1. There shall be no structure constructed or reconstructed, and no obstruc- tion permitted to grow, other than a post, column or tree not exceeding one -foot square or one foot in diameter, between a height three (3) feet and ten (10) feet above the established grade within the triangular areas described below: A. The triangular area formed by a line twenty feet long along the right of way lines of two intersecting streets, measured from the point of intersection of the right of way lines, and the line connecting the two ends of the two twenty foot lines. b. The triangular area formed by a line fifteen feet long, along the street right of way line measured from the point of intersection of the alley right of way line and a line fifteen -feet long, along the alley right of way line measured from the point of intersection of the street and alley right of way lines and the line connecting the unconnected ends of the two lines. 2. On every lot where the adjoining lot is used for nonresidential purposes, a fence up to ten (10) feet in height may be constructed along the side of the lot separating a residential lot from the lot being used for nonresi- dential purposes; provided that when and if said adjoining lot is converted to a residential use, then said fence shall be altered to conform to the regulations set forth in paragraph A of this section. (Ord. 1702 S24, passed July 6, 1964). 79 Chapter 11 .'16 „ 190 ��al jL e �ht Limitations _ All buildings hereafter constructed or structurally altered shall conform to the height limits as established in the applicable use district. The height limit shall not apply to the following structures: Cupolas, water tanks, church spires, stand pipe, -flagpoles, transmission lines, radio and television antennae or towers, and similar structures. (Ord. 1702 S25, passed July 6, 1964) Lh.2pteLl) 6r.. 200 Special Area and Width Requirements for Lots All lots shall meet the lot area and width requirements set forth in the applicable use district except as -Follows: Any parcel of alnd with an area and/or a width less than that prescribed for a lot in any residential district, which parcel was under one ownership or was subdivided into lots according to a plat of record on July 6, 1964, then the fact that this said parcel of land does not meet the area and/or width requirements as set forth in this title shall not prohibit the property from being utilized for single-family residential purposes permissable in certain districts, provided that all other, reg- ulations prescribed for the distri'ct by this title shall be complied with. (Ord. 1702 S29, passed July 6, 1964) Ch ter 11 .16.210 I Special Yard'DiMonsions A. P±pth of Front Yards: If buildings existing on July 6, 1964 occupy fifty percent or more of the frontage In any block, and on one side of the street, then the depth of the front yard required by this title shall be disregarded on that side of the street in such block, and in lieu thereof -the -depth of front yard required on -each lot therein shall be not less than average depth of the front yards existing on July 6, 1964; provided that the front yards required on any lot which lies between and contigu- ous to two lots on which are located buildings, need not have a depth greater than that of one of the two front yards on such contiguous lots that has the greater depth. 60 B. Width of Side Yards: In other than the R-1 and R-2 districts, where there exists a lot or tract of land on which it is possible to construct a single-family dwelling, the said lot or tract has a width,of less than forty feet, then the required side yard width shall be reduced to three feet. C. Depth of �Rear.Yards. The minimum depth of the rear yard shall be as specified in -the applicable use district, except that in -R-1 and R-2 districts the depth of -the rear yard may be reduced -to not less than twenty feet in order to permit a building depth of thirty feet, and also except that in other than the R-1 and R-2 districts the depth of the rear yard may be reduced to not less than ten feet in order to permit a building depth of thirty feet, D. C -N District: The yard requirements for other than residential uses in the C -N district shall conform to that required for residential uses for front and side yards. (Ord. 1702 S27, Passed July 6, 1964) .01 C [LaLtj1L1 I . 16. 2 2 0 §P 2 —Ci a _1Lr O -P era s —es New Section Added; Ordinance 2622 The following uses may be permitted in any area or district zoned or unzoned by a Special Property Use Permit issued by the City Council after recommendations and public hearing thereon by the Planning Commission: A. GRAVEL. YARDS, PITS AND QUARRIES: i. The following information shall be submitted prior to consideration of an appli- cation for a Special Property Use Permit to establish a gravel yard, pit or quar- ry for the removal of earth, sand, gravel, clay, rock or similar materials. a. Application 'for a Special Property Use Permit shall be made in writing to the City Council on forms provided by the Planning Department. Each appli- cation shall be signed by the owner, lessee, or his authorized agent and shall be accompanied by at least three (3) sets of plans, specifications and supporting data including, but not limited to, the following: (1) Name and address of the legal owner of the property. (2) Name and address of operator. (3) Legal description of property. (4) Materials to be mined. (5) Expected starting date of mining. (6) Expected termination date of mining project. (7) Expected amount of material to be mined. (8) General vicinity map of proposed site showing thereon adjacent land uses dedicated right-of-way, public utilities adjacent to and within the pro- posed site, stream and existing natural drainage channels and ditches. (9) Map showing property limits and accurate contours showing existing ground and details of terrain. (10) Map showing -finished contours and files to be achieved by grading, pro- posed drainage channels and related construction to be constructed with or as part of the proposed excavation, set backs and those areas that are not to be disturbed. A statement of the proposed subsequent use of the land, said subsequent use shall be consistent with -the City's Comprehensive Land Use Plan and compatible with the surrounding area. (12) A statement regarding the proposed hours of operation. (13) Map showing access roads between pit site and improved public rights-of- way. Together with a statement indicating what methods will be used to control dust within the pit site and access roads. a a (14) A restoration plan shall be prepared showing how and when restoration will occur before, during and after excavation operations. Rehabili- tation shall be planned in stages compatible with continuing operations. The rehabilitation schedule shall include specific information as re- quired in Section 4, Subsection 11, of the State of Washington Sur -face Mining Reclamation Act, Chapter 64, Laws of 1970. A statement regarding what type of operation that would be conducted within the site including the anticipated type, source and usage of water, location and type of sanitary facilities for personnel and in the event that buildings and/or processing equipment is to be construct- ed, erected or moved on to the site, a plot plan shall be included show- ing -the location of said buildings or processing equipment together with locations of any settling ponds, landscaping, etc. Design Standards: Maximum Slope. Finished slopes shall not be steeper in slope than one �Rnd —one-half horizontal to one vertical, unless approved otherwise by the Planning Commission and City Council. Variances in the required slope will only be considered if substantiated by a soils report pre- pared by a soils engineer or geologist licensed in the State of Washing- ton. (2) Drainage Terraces. Finished slopes exceeding fifty feet (50') in ver- Tic_a7_h6T`gk_t_TFiaTT be terraced at their approximate mid -height. Drain- age terraces are to be fifteen feet (15') in width and designed to eliminate erosion by carrying surface water to a safe disposal area. Terraces shall be cut every -fifty feet (50') vertically, except that where only,one is required, it shall be at mid -height. (3) Undercutting of Slopes. No undercutting of finished slopes shall be allowed. Int -he event that fills are necessary, such fills shall be compatible to a minimum of ninety percent (90%) maximum density, shall be certified by a soil testing agency. No organic materials shall be permitted in fills. (4) Hours of Operation. No mechanical equipment shall be operated before the hour 6—T7:00 a.m. and no later than the hour of 7:00 p.m. six (6) days per week. No mechanical equipment shall be operated on Sundays or legal holidays. (5) Sound Pressure Levels. Maximum allowable daytime sound pressure levels as measured next to occupied buildings or structures situated on adja- cent residential property shall not exceed the following standards at least ninety percent (90%) of the time between the hours of 7:00 A.M. and 7:00 P.M. , SOUND PRESSURE LEVELS Frequency Band in Sound Pressure Level in Decibels Cycles Seconds re 0.0002 Microbar 25 - 300 80 300 - 2400 70 Above 2400 60 IN (6) Blastinq. No blasting or other activities producing ground vibrations nex�f6_structures or buildings situated on adjacent residential pro- perty shall be allowed. All storage of blasting materials and blasting permits shall be in accordance with Sections 3.04.060 and 3.04.070 of the Auburn City Code. (7) stagnant Water. All mining and quarrying shall be conducted in a manne i r- �T__ Mn R -allow water to collect and permit stagnant water to re - w i T-il—E main. (8) Haul Routes. When transporting materials to any individual -fill site i excess of one -thousand (1,000) cubic yards, -traffic control and truck routes shall be submitted to the City Public Works Department for ap- proval prior to hauling. (9) Mufflers. All equipment operating within the permit area, using gaso- 17n_e'_o­r7-1esel engines be equipped with a muffler. A muffler means a device consisting of a series of chambers, baffles or other mechanical designs for the purpose of receiving exhaust gases from internal com- bustion engines and effective in reducing noise resulting -therefrom. (10) State Permits. ' Approvals from the State of Washington pertaining to ai ter and noise pollution and land restoration shall be Submitted to the City prior -to removal of any material from the approved pit site. ('Il ) The City shall have -the right to make inspections of any property at any reasonable time as deemed necessary to determine comp- liance with the permit. The City shall notify, as deemed necessary, any operator of a proposed inspection. However, lack of such notifica- tion shall not be cause for denying the right to inspect. The operator shall have the option of accompanying the inspector. As reflected in Resolution No. 352, it -is Auburn City policy that quarries be permitted only where it -is advisable to modify slopes to create usable land and where the community will suffer no short or long term adverse effect. The required specifications, support- ing data and design standards will enable the Planning Commission and City Council in their evaluation of the total scope of the project and determine if it is in conformance with the elements of the City of Auburn Comprehensive Plan. In making this determination the Planning Commission and City Council shall have the right to approve, modify or re- ject the request for a Special Property Use Permit. QA Chapter 11.16.230 Home Occupations. Customary, incidential home occupations conducted within a dwelling and not in an accessory building are permitted in all residential districts other than R®1 districts, provided; 1. That no retail business of any sort is involved; no stock or trade is kept or com- modities sold, except such as are made on the premises. 2. That no per -sons not residents on the premises are employed. 3. That no mechanical equipment is used except such as is permissible for purely domes- tic purposes. 4. That not more than one-fourth of the floor area of one story of the dwelling -is de- voted to such home occupation. 5. That such home occupations shall not require internal or external alterations, or involve construction features or use equipment not found customary in dwellings. 6. That the entrance to the space devoted to such occupation be from with -in the building, and that no display pertaining to such occupation be placed within the building, and that no display pertaining to such occupation be visible from the street. 7. That only one sign or device not to exceed one square foot in area and containing the name and occupation only, shall be permitted in connection with each such home occu- pation, which sign or device shall be attached to the building and not illuminated. (Ord. 1702 529, passed July 6, 1964). A r; Chapter 11 .16.235 Conditional Uses 1. INTENT: It is -the intent to allow a use permitted in one or more classifications as defined by this title but which use, because of characteristics peculiar -to it, or because of size, use, building or type of equipment, demands upon public facilities, require a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones and to assure that such use shall not be inimical to the public interest and is in harmony with the objec- tives of the Comprehensive Plan. 2. PROCEDURAL _RE �RUIREMENTS: The procedures for filing of petitions or application for a "Conditional Use Permit" filing fees, notices, public hearings, shall be specified and provided herein of this title and Chapter 11.24. In addition to these requirements, the application shall be accompanied by a plan showing the actual dimensions and shape of the lot, the exact sizes and *locations on thelot of existing, proposed buildings and other improvements if any, and the existing and proposed uses of structures and open areas and by such additional -information relating to topography, access, surrounding land uses and other, matters as may reasonably be required by the Planning Director in the circumstances of the case. 3. GENERAL STANDARDS FOR CONDITIONAL USES: No conditional use permit shall be issued except upon a finding by the Planning Commission and the City Council that the proposed use conforms to the requirements set forth -in this Chapter and that the proposed conditional use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more -injurious, economically or otherwise, to property or im- provements in the surrounding area than would any use generally permitted in the district. Among matters -to be considered in this connection are traffic flow and control; access to and circulation within the property; off-street parking and load- ing; refuse and service areas; 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. Conformity with adopted plans. The proposed conditional use shall be in accord with the purposes of the Comprehensive Land Use Plan and any applicable development plan and this title. 4. SPECIAL USES: The City Council, upon recommendations of the Planning Commission may grant a con- ditional use permit pursuant to the procedures of this title for such special uses as are to be located in zones which permit "special" uses subject to the granting of a conditional use permit and other special or unusual uses which provide an un- usual combination of uses on a large scale or which the Commission and Council may determine to be similar, not more detrimental and equally essential to serve the public convenience and welfare. AA. Chapter l I .1L.Z40 Stens A. BUSINESS SIGNS: UMM-0-c"Ma-L, —0 au- In any residential zone other than an R-1, one sign in con- nection with a home Occupation not to exceed one square foot in area giving the name and Occupation of the occupant. Such sign shall be attached to the wall of the dwelling in which the home Occupation is permitted, and not illuminated. 2.RULF_�!,Ate.; In any district, a sign not more than six square feet in area (one face) pertaining to the lease, rental Or sale of a building or premises provid- ed the sign is erected no closer than ten 'feet to any property line or flat against a building, and is in evidence no longer than ninety days. 3. IEP-ct-DU_QiQP_MPjA.,_ In any residential zone, one sign not to exceed one hundred square feet -including both faces, to advertise a tract development at least three acres in area. Such sign must be located at least twenty feet from any property line and on the property being developed. Any lighting shall be in - 4. direct and well protected. Such sign shall not be in place more than one year. _Rol Ig __ _tjL)_L0arj.�d.. . In any zone where churches are permitted,, one announcement sign or bulletin board not to exceed twenty square feet in area for a church or other charitable in5titution. Such sign shall be located five feet from any property line, and on the same site with the principal building. 5. jkM_Ki -qn-*-: In the 'residential districts other than an R-1 or R-2 district, where multiple dwellings, clubs, lodges, ublic and institution, clinic, hospitals, sanitarium and professional offices aresemipublic Permitted, eachsmay have one sign not exceeding fifty square feet or ten per cent of the area of any one face of the principal building, whichever is less, to identify such building. Such sign shall be placed flat against the building. Any lighting shall be indirect and well protected. 6. Mobile Home 2_anl<_; In the R-5 district, one sign not to exceed fifty square feet indenlifylng any mobile home park, placed no closer than ten feet from any property line.Any lighting shall be indirect and well protec ted. 7. —N-eJi­g-h.bP_r_hOOd ShUTJ,nq_ Center In the CN district, one sign not to exceed fifty square feet in area including both faces shall be permitted only to advertise the name of the neighborhood shopping center. Such signs shall be no closer than twenty feet from any property line. Any lighting shall be indirect and well protected. 8. 311QMtag Center• In any commercial district, one sign bearing only the name of the shopping center and not to exceed in total area one-half of one percent of the gross floor area of the shopping center. Such sign shall be permitted only after, the total gross -floor area of the shopping center has exceeded forty thousand square -feet. Such sign shall be no closer than twenty feet from any property line. Any lighting shall not be intermittent, nor have any moving parts. H C. 9. Lroj.Qctjngjjgn!ij In the C-1, C-2, C-3, M-1 and M-2 districts, , S�rojecting sign! may overhang the sidnwalk (orproposed sidewalk where none exist as permitted by the Uniform Sign Code of the City of Auburn. 10. TJ1Q__Ud_tern _,5i9n__Code* of the International Conference of Building Officials is hereby adopted to supplement -this section and shall also serve to regulate the construction of signs in the City of Auburn. In cases of disagreement or contradiction between the zoning ordinance requirements and the uniform sign code, -the more restrictive ordinance provisions shall.prevail. ADVERTISING SIGNS: Ground Sians: In the C-2, M-1 and M-2 districts, one sign not to exceed three WtWjFv�_ds_quWre feet including both faces. The total sign area for each lot shall not exceed three square feet for each lineal foot of frontage, and shall be set back from the property line not less than a distance equal to the over- all height of the sign. 2. entrances and exits each in area. NONCONFORMING USE SIGNS: In the commercial and industrial districts, signs designatii are permitted provided they do not exceed four square feet In any zone, a legal nonconforming use may have one sign not 'to exceed six square feet, but shall not have any illumination when such nonconforming use is in any residential zone. D. EXCEPTIONS: The following signs shall be exempt from the provisions of this sectiol 1. Any sign placed or painted on the inside of a building or on the outside of any vehicle. 2. Miscellaneous traffic or other municipal signs, and the flag, pennant, or insig) of any nation or, group of nations, or any state, city, or other political unit, or of any political, educational, charitable, philanthropic, civic, professiona' religious or similar campaign, drive, movement or event. (Ord. 1702 S30, passe July 6, 1964). Mj Cha ter I1.16.250 LOciLtj2n ofA �ull n _�j� Location of accessory buildings. Accessory buildings such as are ordinarily appurte- nantto the principal use, and where such 'buildings are permitted, may be located in any required rear or side yard except a street side yard, provided, however, such ac- cessory buildings must be at least five feet to the rear of the principal building, shall be no higher than one story, shall not be used for living purposes, shall be in - eluded in the allowable lot coverage, and shall] have no opening on the side facing neighboring property. Where an accessory building is connected to the principal build- ing by a passageway, the wall of the principal building connecting with the passage shall be a one-hour fire resistive wall. (Ord. 1702 S31, passed July 6, 1964). Ch__ 11 � _rl 1 _-1 6 �-Lo Industrial Performance Standards Industrial uses shall be subject to 'the following conditions: 1. In all industrial districts, the noise emanating from the promises used for indus- trial activities shall be muffled so as to not become objectionable due to inter- mittent beat, -frequency or shrillness, and where an industrial zone adjoins a re- sidential district, -the noise loudness measured at the boundary line shall not ex- ceed forty decibels between the hours of eleven -thirty p.m. and six a.m., and sixty decibels at other hours. 2. Industrial and exterior lighting shall not be used 'in such a manner that produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting or similar processes shall be performed so as not -to be seen from any point beyond the outside of the property. 3. In terms of fire and safety hazards, the storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with rules and regulations falling under the jurisdiction of the City fire chief, the laws of the state and other local ordinances. There shall be no bulk storage of inflammable gas. Enameling and paint spraying operations shall be permitted when incidental to the principal operation, and when such operations are contained within a masonry building of two-hour fire resistive construction. Bulk storage of inflammable liquids below ground shall be permitted, and the tank shall be located not closer to the property line than 'the greatest dimension (diameter, 'length, or height) of the tank. 4. Provisions must be made for necessary shielding or, other preventive measures against interferences occasioned by mechanical, electrical and nuclear equipment, uses, or processes with electrical apparatus in nearby buildings or land uses. 5. The emission of obnoxious odors of any kind shall not be permitted nor -the emission of any toxic or corrosive fumes or gases. Dust created by an industrial operation shall not be exhausted or wasted into the air. 6. The emission of smoke or particulate matter of a density equal -to or greater than the following numbers on the Ringleman Chart as currently published and used by the U.S. Bureau of Mines is prohibited at all times: M--1 Light Industrial: Ringleman Chart #2. M-2 Heavy Industrial: Ringleman Chart #3. Dust and other types of air Pollution borne by the wind from such sources as storage areas and roads shall be minimized by appropriate landscaping, paving, oiling or other acceptable means. Emission of particulate matter in excess of the following weight limitations per cubic foot -of conveying gas or air measured at any property line is prohibited: M-1 Light Industrial: 0.2 Grain. M-2 Heavy Industrial: 0.4 Grain, 7. The rate of emission of particulate matter from all sources on any property shall not exceed a net weight per acre of property during any one hour as follows: M M-1 Light Industrial: One pound per acre. M-2 Heavy Industrial: Five pounds per acre. 8. Liquid and solid wastes, storage of animal or vegetable wastes which attract insects or rodents or otherwise create a health hazard shall be prohibited. No waste products shall be exposed to view from eye level from any property line -in an M-1 district. 9. All storage shall be 'located within an area not closer than -twenty feet from the street right of way line and shall be enclosed with a heavy wire fence or of a similar type with the top of said -fence not to be less than six feet above the adjoining street level, or by an attractive hedge or board fence at least six feet high. In case of the open storage oflumber, coal, or other combustible material, a roadway shall be provided, graded, surfaced and maintained from the street to the rear of the property to permit free access of fire trucks at any time. (Ord. 1702 S32, passed July 6, 1960. 91 Chapter_ 11 .16.270 Nonconforminq Buillings and Uses A. CONTINUANCE OF NONCONFORMING BUILDING: Any such nonconforming building or, structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such building or structure. B. CONTINUANCE OF NONCONFORMING USE: Any such nonconforming use may be continued and maintained, provided there is no increase or enlargement of the area, space or volume occupied by or devoted 'to such nonconforming use. C. CHANGE OF USE: Any part of a building, structure or land occupied by a nonconforming use may be changed to a use which in the opinion of the board of adjustment, either by "general role or by the specific finding in a particular case, is of the same or of a more restricted nature. But where the use of a nonconforming building, structure, or land is hereafter changed to a more restricted classification, -it shall not there. after be changed to a use of a less restricted classification. D. VACANCY: TERMINATION OF NONCONFORMING USE: Any part of a building, structure or.land occupied by a nonconforming use, which hereafter becomes vacant and remains unoccupied -for a continuous period of one hundred and eighty days shall not thereafter be occupied except by a use which conforms to the use regulations of the district -in which it is located. E. CHANGE OF TENANCY OR OWNERSHIP: There may be a change of tenancy, ownership or management of an existing noncon- forming use, provided there is no change in -the nature or character of such non- conforming use. F. COMPLETION OF PENDING CONSTRUCTION: The adoption of -the ordinance codified in this title shall not limit the construc- tion of any building for which a permit has been obtained prior to its adoption and publication, and upon which work has been commenced and carried on continuously within thirty days of obtaining such permit, even though such building does not conform to the provisions of this title. G. MAINTENANCE PERMITTED: Except as otherwise provided in this section, a nonconforming building or structure may be maintained. The maintenance of such building or structure shall include necessary repairs and incidental alterations, which alterations, however, shall not extend to the extent of degree of nonconformancy of such building or structure to this title, providing that -in a building which is nonconforming as to use or regu- lations, no structural alterations shall be made except those required by law or ordinance. Provided, further, that the cost of such work shall not exceed twenty- five percent of the assessed valuation of such building or structure at the time such work is done. The assessed valuation thereof shall be established by the King County Assessor's office. N. RESTORATION OF DAMAGED BUILDING: A nonconforming building or structure having been damaged or partially destroyed by fire, or other calamity to an extent not exceeding fifty percent of its whole valuation, exclusive of foundations, at that time, may be restored and its -immed- iately previous occupancy or use existing at the time of such partial destruction, may be continued or be resumed, provided that such reconstruction is approved by variants as authorized by the board of adjustment, and the work of restoration is commenced within one year of the date of such partial destruction and -is diligently carried on to completion. Whenever a nonconforming building or structure is damaged in excess of fifty percent of its full valuation, exclusive of foundations, at that time, the repair or reconstruction of such building shall conform to all of the regulations of the district -in which it -is 'located and it shall be treated as a new building. In addition, if such building is moved -for any reason for any distance whatever, then in any such event, the said building and -the land on which said build- ing was located or maintained from and after the date of said destruction or moving be subject to all the regulations specified by this title for the district in which such land and building are located. I. ADDITIONS, ENLARGEMENTS, MOVING: I. A building or structure which is nonconforming as to use regulations, shall not be added to or enlarged in any manner unless such building or structure, includ- ing such additions and enlargements, is made to conform to all regulations of the district in which it is located. 2. A building or structure, nonconforming as to height or density regulations, may be added to or enlarged -if such addition or enlargement conforms to -the regula- tions of the district in which it is located. In such case, such addition or enlargement shall be treated as a separate building or structure 'in determining conformity to all of the requirements of this title. 3. When a building or structure or portion 'thereof is moved from one district to another or to another location within the same district, it must conform or be made to conform to all of the regulations of the district to which it is moved. J. EXPANSION PROHIBITED: A nonconforming use of a portion of a building or structure, which building or structure otherwise conforms to the provisions of this title, shall not be expended or expanded into any other portion of such con -forming building or structure nor changed except -to a conforming use. If such nonconforming use or portion -thereof is discontinued or changed to a con -forming use, any -future use of such building, struc- ture or portion thereof shall be in conformity to the regulations of the district in which such building or structure is located. K. NONCONFORMING USE OF LAND: CONTINUATION OF USE: The nonconforming use of land (where no building is involved) existing at the date the ordinance codified in this title becomes effective, may be continued provided that: 1. No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. 93 2® If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such 'land shall be in conformity with the provisions of this title. 3. Any sign, billboard, commercial advertising structure, or object which law -fully existed and was maintained at the time the ordinance codified -in this title became effective, may be continued although such use does not conform with the provisions of this -title, provided that no structural alterations may be made thereto, and provided further, that all such nonconforming signs, billboards, commercial advertising structures and objects and -their supporting members located in R -I, R-2, R-3, R4, RR -TP and A. -I districts shall be completely remove -from the promises within five years of the passage of the ordinance codified in this title. 4. Regardless of any other provision of this title, every builders supply yard, fuel yard, contractor's yard, or lumber yard which after July 6, 1964 exists as a nonconforming use in any R-1 or R-2 district, shall within five years there- after revert to a conforming use, be discontinued, removed or changed to a use permitted in the di'strict. Further, regardless of any other provision of this title, every junk yard, fuel yard, buildbrs supply yard, contractor's yard, or lumber yard which after July 6, 1964, exists as a nonconforming use in any R-.3, R-11., NS, C -I or C-2 districts shall within three years thereafter revert to a conforming use or be completely enclosed with a continuous fence as approved by -the board of adjustment, which -fence shall be not 'less than six -feet in height and shall be of a nonglare material and in any event of a sufficient height so that each fence Supplemented by landscaping approved by the board of adjustment will at all seasons of the year completely screen all operations of such estab- lishment from the view of pedestrians, and motorists, passing such establish- ment on any public street and from view from adjacent land and from buildings lawfully existing in an R-1, R-2, R-.3, R-4, CN, C-1 or C-2 district. Such fenc and supplementary 'landscaping shall at all times be properly maintained and in full compliance with any condition attached -to the approval thereof by the boar of adjustment. La COMPLIANCE WITH REGULATIONS FOR NONCONFORMING BUILDINGS OR USES: Whenever the owner shall fail to comply with provisions of this title relating to the removal or discontinuance of a nonconf6rming use, the building inspector shall serve notice in writing on such owner or his agent, requiring him to comply there- with within a reasonable time after such notice. If after such notice the owner -fail to comply -therewith, the building inspector shall take action as may be neces- sary, including civil act -ion, to cause compliance with the provisions hereof. M. DISTRICT CHANGES: Whenever the boundaries of a district shall be changed so as to -transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein. (Ord. 1702 S33, passed July 6, 1964). 94 SECTION 3. There is hereby created a new Section under Chapter 11.16 of the Coa-17-fi-e—dUrdinances of the City of Auburn; said Section to be known as 11.16.280 and hereinafter referred to as the "Minimum Landscape Ordinance of the City of Auburn", and shall read as follows: II. Chapter j 1 .16.280 Minimum Landsc .2e.quL°emen ts INTRODUCTION: Landscaping, in urban and industrial areas provides an opportunity for a balanced and harmonious environment for both the local citizens of a com- munity as well as the resident wildlife species of an area. Man has the ability to shape and mold his environment to meet his needs, but often -foregoes the needs of other species sharing his environment. Wildlife, one of nature's greatest indicators of a quality environment, has decreased in urban areas to the point where they are almost non-exis- tent. Many species of wildlife cannot be maintained under conditions of urbani- zation even with intensive management. Fortunately, a great number of species are compatible with urbanization if consideration is given to pro- viding their basic needs - - food, water and cover. The most typical wildlife species that can -be attracted -to urbanized areas, whether residential or industrial, are songbirds. The secret is landscap- . i ng. Proper selection and arrangement of landscaping can emphasize the buildings they surround, be pleasing to the eye and still be useful to the birds with surprising rates of success. By providing a diversity of trees, shrubs, and grasses, one can increase the chances of providing a balanced habitat for a greater variety of wildlife, while at the same time provide an aesthetic, pleasing, visual environment in the urbanized areas for man. A large variety of 'trees and shrubs are available to meet the needs of well balanced landscape plans. It is recommended that 50% of all landscape plans be comprised of trees and shrubs indigenous to the Pacific Northwest. PURPOSE OF THE LANDSCAPE RKqUIREME A. To provide an opportunity for the development of a pleasing visual en- vironment in the commercial and industrial districts of this City from the viewpoint of the local resident and the visitor passing through the city? B. To insure -the preservation of land -values in the industrial and commer- cial districts and also the adjoining residential and/or unrelated zoned property. 95 M C. To encourage the preservation of existing topographic patterns that contribute to the beauty and utility of a development. D. To provide not only for -the health, safety and general welfare of the citizens and minimizations of discordant and unsightly surroundings, but also for the beauty and balance of the City, and as such are the proper and necessary concerns of local government. E. To provide adequate control over the application of landscaping stance dards so the above objectives are accomplished in the most effective manner. F. To break up visual blight created by large expanses of barren asphalt which makes up a typical parking lot. GENERAL AND MINIMUM SITE SCREENING RELUIREMENTS: The following general and minimum site screening standards will be required in all districts where landscaping is mandatory: A. Landscaped areas shall -include liberal use of evergreen or deciduous trees and shrubs, perennial or annual flowers, gravel, river rock, driftwood, rockeries, lawn or a combination of such materials. Fifty percent (50%) of all landscaped areas will be required to include trees and shrubs native to the Pacific Northwest area. The remaining fifty ,percent (50%) may include those trees and shrubs at the discretion of the property owner. Trees and shrubs native to this area that should be considered in 50% of the landscaped area include the following:* TREES Birch (White) Cedar Cherry (Flowering) Douglas Fir Dogwood Hemlock Liquid Amber Madrone Maple (Vine) Oak (Red) Pine Plum (Flowering) Spruce SHRUBS Azalea Blueberry Firethorn Heather Huckleberry Laurel Mugho Pine Oregon Grape Rhododendron Sumac B. A plot plan drawn to scale shall be submitted to the Planning Director showing the size of the property, location of buildings, driveways, loading docks, outside storage -areas, size, type of plantings, and loca- tion of landscaping areas. C. No artificial lawn or shrubbery will be permitted in landscaped areas. *See Chapter 8.15, Sections 8.15.010 to 8.15.070 - Auburn City Code. Street Tree Ordinance of the City of Auburn. (Ord. No. 1356 Sec. 1, 1959) M D. Where commercial, industrial, or conditional use permit developments face or adjoin the front, side, or rear yard of residential areas, the proposed developments shall observe and respect the established character of those established residences and will be required to provide compatible site development and landscaping. The boundary shall be screened by one of the following methods: 1. Screen -type shrubs planted and sized to provide a solid screen to a minimum height of six (6) feet within -three (3) years after planting. 2. Screen type fencing a minimum of six (6) feet in height and shall include the planting of screen type shrubs a minimum Of Six (6) feet in height and spaced a maximum of ten (10) feet on center. E Motels and Motor Hotels shall provide and maintain a solid planting of evergreen trees and shrubs a minimum depth of five (5) feet on any bound- aries adjoining residential districts. F. Where the primary building is so situated on the property and not separated From a public street by a parking lot, the area between said building and the public street shall be landscaped and maintained in accordance with the provisions of this chapter. The landscaping area shall be a minimum of 10 percent of the total area between the building and the public street but riot 'less than 5 feet in width running the full length of the building. G. Where required, a minimum of five (5) foot wide planting area along the entire street frontages will be mandatory except for driveways and pedestrian walks within the property. H. Where landscaping areas are required along street frontages, no shrubs shall be higher than thirty-six (36) -inches and no tree shall have branches or foliage below five (5) feet or placed within twenty (20) feet of the corner of a driveway, alley, or street intersection. I. Each individual landsca e area one hundred (100) sq. ft. or less, shall include at least one (1� -tree a minimum of six (6) feet in height. Where ,more than one tree is required for an individual landscaping area in excess of 100 sq. -ft. -the number of trees may be dispersed throughout the area or clustered together. J. Where a fire hydrant is located, shrubs eighteen (18) inches in height or less must be placed a minimum of five (5) feet away from said hydrant. Shrubs or trees larger, -than eighteen (18) inches in height must be placed a minimum of twenty (20) feet away from a hydrant. IV. PARKING LOTS: Parking areas shall include landscaping as a part of their design and shall include tree and shrub plantings within the parking area. A. Where the primary building is so situated on the property and separated from a public street by a parking lot, a minimum of ten (10) percent of the parking area shall be landscaped and maintained in accordance with M the provisions of this chapter but shall not be less than the following: 1. A five (5) foot wide planting area along the entire street frontage except for driveways. 2. No parking stall shall be located more than fifty (50) feet from a landscaped area. 3. Interior parking lot landscaping will be left to the discretion of the Planning Director according to the size and location of the park- ing lot. In no case shall a parking stall be located more than fifty (50) feet from a landscaped area. 4. Parking lots adjacent to residential districts will be required to provide the minimum site screening by one of the following methods: a. Screen type shrubs planted and sized to provide a solid screen to a minimum height of six (6) feet within three (3) years after planting. b. Screen type fencing a minimum of six (6) -feet in height and shall include the planting of screen type shrubs a minimum of six (6) feet in height and spaced a maximum of ten (10) feet on center. 5. Landscaping shall be proportionately distributed throughout the park- ing area in a manner which best fulfills the objectives of this chapter.' V. SITE SCREENING - STORAGE YARDS ETC: Outdoor storage yards, garbage storage yards, 'loading docks and permanent equipment storage areas 'that are visible from a public street or adjacent to residential "R" Classified property shall be screen by the planting of ever- green trees, shrubs or screen fencing or a combination of both and shall con- form to one of the following standards: A. Screen type shrubs planted and sized to provide a solid screen to a min- imum height of six (6) feet within three (3) years after planting. B. Screen type fencing a minimum of six (6) feet in hei lit and shall include the planting of screen type shrubs a minimum of six ?6) feet in height and spaced a maximum of ten (10) feet on center. VI. MAINTENANCE: A. A. All landscaping and screening areas shall be maintained in a healthy, grow-,. q ing condition. Broken, dead or dying trees, shrubs or plants shall be replaced immediately. All landscaping and screening areas shall be main- tained reasonably free of weeds and trash. B. Sprinkling systems for watering landscaped areas will be encouraged. Y1 C. Any trees, shrubs or plants which are susceptible to -injury by pedestrian or motor traffic, should be protected by appropriate curbs, tree guards or other protective devices. VII. INDUSTRIAL ZONES: A significant portion, not less t designated and commerce -industry wildlife habitat for species best This condition does not preclude chapter. VIII. EXCEPTION: Ix. han two (2) percent of the land involved, be managed for the life of the project to produce suited to site, conditions, and location. or limit the intent or provisions of this Where landscaped areas are required under a marquee projection over public property, the required trees may be eliminated. APPEALS: Whenever landscaping is required, the Planning Director may approve said plans if they comply with the requirements of the City of Auburn Landscaping and Screen Plan existing at the time of application and submission of plans. Appeals to the requirements of City or the interpretation of the Planning Director shall be made in writing to the Planning, Beautification and Building Codes Committee of the City Council. M TYPICAL LANDSCAPE REQUIREMENTS Chapter 11.16.280 The following are suggested landscaping examples complying with the City Ordinance. These are not intended to be a substitute for the specific design by the developer. 100 � I�t b IIIf'(�I'I'f I1III�TI''II VC✓L/� a14 PARKING_ LOT `r of 1V a I`1a ° t U e 1..✓ W �....P=A q 0 BUILDING r� PROPOSED OUILDING SITE A_ 4i�,r. jai o ' � � P--io �'P•��A ,` wl a� � 5.. ' q ; V 0 'P ♦ P p -- v ..r _.. 4 -'�,,. �. C 4 � P _ a O " V v - V 4a • a P n STREET Ser.tion ITT 7 )n 7.ny Street F'rontaA-e A minimum 5 foot wide landscaped erea ,long entire street frontage, except for driveways and Not nic pedestrian walk ways. � I�t b IIIf'(�I'I'f I1III�TI''II VC✓L/� a14 PARKING_ LOT `r of Section X -h Not to Scale STREET l SectionIZ--(c) Parking lots No parking stall shall be located more than 50 from a landscaped area. Landscaping shall be 10% of area between building and public street where no parking I-` scpar,tes budd- ing from street, but not less than 5 feet, in width. .101 U W �....P=A 0 BUILDING r� A_ 4i�,r. jai o ' � � P--io �'P•��A Section X -h Not to Scale STREET l SectionIZ--(c) Parking lots No parking stall shall be located more than 50 from a landscaped area. Landscaping shall be 10% of area between building and public street where no parking I-` scpar,tes budd- ing from street, but not less than 5 feet, in width. .101 Cr 'R' District 'R' District PROPOSED BUILDING SITE STREET Section 111-4: Perimeter Site Screening: Not to Scale 4, STREET SectionnE-I Parking Lots Not to Scole Perimeter site screening will comply with Section Er- 4 (a) or (b), when property lines of a commercial, industrial or conditional -use permit developments are adjacent Residential District. I IF() LV Section= - I - d - I Parking Lots (with no buildings) Interior portions of the parking may be required to be landscaped at the discretion of the Planning Director. No parking stall shall located more than 50 feet from a landscaped area. c q ' STREET SectionnE-I Parking Lots Not to Scole Perimeter site screening will comply with Section Er- 4 (a) or (b), when property lines of a commercial, industrial or conditional -use permit developments are adjacent Residential District. I IF() LV Section= - I - d - I Parking Lots (with no buildings) Interior portions of the parking may be required to be landscaped at the discretion of the Planning Director. No parking stall shall located more than 50 feet from a landscaped area. Where a building is separated from a public street by a parking lot, a minimum of 10% of the parking area shall be landscaped. n to Storage_ t3UILDING t a Section -)LLL 1rr!ij,,Ari0l Zones At least 2% of the land involved in commerce -industry ­� Scale I" be designated towards open -space, landscaping, natural v( elation or a combination of the above. 'R' District 'R' District Fj C, .I S=__1 T1 G LOT —ILoading Dock Stora or BUILDING ,qArea —LS0,01 A 0, STREET Section -3C: Site F,,cr,.(,njj)g Storage Yards etc. Nol to Scale Loading docks, storage area etc. shall be landscaped where useable from a public street, and when adjacent residential districts. 103 ex (n 5' Storage_ t3UILDING t a Section -)LLL 1rr!ij,,Ari0l Zones At least 2% of the land involved in commerce -industry ­� Scale I" be designated towards open -space, landscaping, natural v( elation or a combination of the above. 'R' District 'R' District Fj C, .I S=__1 T1 G LOT —ILoading Dock Stora or BUILDING ,qArea —LS0,01 A 0, STREET Section -3C: Site F,,cr,.(,njj)g Storage Yards etc. Nol to Scale Loading docks, storage area etc. shall be landscaped where useable from a public street, and when adjacent residential districts. 103 Chapter 11.20 Administration 1. 11.20.010 ENFORCEMENT: (A) Buj2�j�njlLnae�tor. The building inspector as established by the building .ordinance of theCityof Auburn, shall be responsible for enforcing the pro- visions of this title. The building official and his duly authorized assistan shall have the right to enter any building or enter upon any land during the 'daytime in the course of their duties. (B) Records. The building inspector shall maintain in his office all building Fr_ to issued, application for building permits, nonconforming uses in the city, and certificates of occupancy issued by him which shall be open to the public for inspection. The building permits, certificates of occupancy, and applications for building permits shall be issued as provided for in the build ing ordinance of the city. The building inspector, shall keep a record of each and every identifiable complaint of a violation of any of 't.he.provis.ions Qf,th title, the action taken, consequent to any such complaint, which records shall be open to the public for inspection. (C) Permits Issued Contrary To This Title. Any such building permit, certificate R &,C_C cy, or other authorT_Z�T�irissued, granted, or approved in violation of the provisions of this title shall be null and void and of no effect withou the necessity of any proceedings for a revocation or nullification thereof, an any work undertaken or use established pursuant to any such building permit, certificate of occupancy, or other authorization shall be unlawful, and no act shall be taken by any board, officer, or any employee of the city purporting ti validate any such violation, except as provided in Section 11.20.020. (D) Certificate of Occupany and Nonconforming Uses. Certificates of occupancy sha' Fe_is_su6T-a.s required -5Y—the —out ing —c-o7e,—and for all nonconforming uses exi! ing on July 6, 1964. The owners of nonconforming uses shall apply for a certi. ficate of occupancy within one year of the date of the adoption of the ordinani codified in this title. As to nonconforming uses that are not registered with the building inspector within one year after July 6, 1964, that particular non• conforming use shall become a conforming use. (Ord. 1702 S34, passed July 6, 1964). 104 CHAPTER 11.22 BOARD OF ADJUSTMENT Chap -ter 11.22.010 DEFINITIONS: For the purpose of this chapter, certain terms and words are hereby defined. When not inconsistent with the context, words used -in the present tense, include the future; the singular numbers include the plural, and the plural the singular, and the word "shall" is mandatory and not merely permissive. (a) "Board" means the board of adjustment of the City of Auburn; (b) "Building" means any structure built for the support, shelter or enclosure of persons, animals, mechanical devices or chattels, or property of any kind. When a structure is separated by party walls located upon lot lines, then each portion of such structure shall be deemed a separate building. The term build- ing -includes signs and fences over six feet high; (c) "Building inspector" means the building inspector of the city of Auburn or his duly authorized assistant or deputy; (d) "Classification" means a refined -identification of uses which, either individ- Ually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in a zone. A classi- fication as -the term i ' s employed i,n this chapter, includes provisi,ons, conditions and requirements related to the permissible location of permitted uses; (e) "Council" means the City Council of the City of Auburn; (f) "Dwelling" means a building designed exclusively -for residential purposes, in- cluding one family, two family and multiple dwellings, but not including hotels or motel units having no kitchens; (g) "Lot" means a building site that is described by reference to a recorded plat, by metes and bounds, or by section, township and range which has direct legal access to a street or has access to a street over an easement approved by the city; (h) "Principal use" means the primary or predominant use to which the property is or may be devoted, and to which all other uses on -the premises are accessory; (i) "Special exception" means any of the modifications to the zoning code of the City of Auburn authorized in Section 11.22.050; (j) "Street" means any public or recorded private thoroughfare which affords primary means of access to abutting property; (k) "Structure" means anything constructed in the ground, or anything erected which requires location on the ground or water, or is attached to something having location on or in the ground, but not including fences less than six feet in height, or paved areas; (1) "Use" means the nature of the occupancy, the type of activity, or -the character and -form of improvements to which the land is devoted or may be devoted; (M "Variance" means an adjustment in the application of the specific regulations of the zoning code of the City to a particular piece of property which property, ins because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges; (n) "Yard" means an open space other than a court on a lot, unoccupied and unob- structed from the ground upward unless specifically otherwise permitted in thi chapter; (o) "Zone" means an area accurately defined as to boundaries and 'location on an official map and within an area only certain types of land uses are permitted, and within which other types of land uses are excluded, as set forth in this chapter. (Ord. 2498 SI, 1970). IN Chan ter 11.22.020 -• Creation of Board of Adjustment There is hereby created a board of adjustment of the City which board shall consist of -five members, each to be appointed by a majority vote of the council to serve without compensation fora term of five years, subject to removal by a majority vote of the council. The original appointees to the board shall serve staggered terms of one for one year, one for two years, one for three years, one for four years, and one for five years respectively. If any member of the board misses twenty -.five percent of regular scheduled meetings within any calendar year beginning January 1, 1971, or any two consecutive meetings with- out written consent of the mayor, or in any event misses three consecutive meetings, then, in such event, such board member shall forfeit his position on the board. The vacancy shall then be filled as prescribed in this section. (Ord. 2498 S2, 1970). Chapter 11 .22.030 Powers and Duties Genera The board shall have -the duty and power to hear, decide, grant or deny applications for temporary uses, special exceptions and variances in accordance with the provisions of Sections 11.22.040, 11.22.050 and 11.22.060. Decisions of the board shall be final, subject to review by the superior court, as hereinafter provided. (Ord. 2498 S3, 1970). Cha ter 11.22.040 TeorarLUses A temporary use of premises -in any zone except R-1 not involving the erection of any permanent structure may be authorized by the board, therefore through the issuance of a temporary and revocable permit for a period of not more than six months, except that temporary uses of less than three weeks duration may be authorized by the building inspec- tor. (Ord. 2498 S4, 1970). Chapter 11.22.050 Sp ecial hxce tions In considering applications for special exceptions, the board shall consider the nature and condition of all adjacent uses and structures, and no such special exception shall be authorized by the board unless the board finds that the authorizing of such special exception will not be materially detrimental to the public welfare or injurious to pro- perty in the zone or vicinity in which the property is located, and that the authoriza- tion of such special exception will be consistent with the spirit and purpose of this chapter. In authorizing a special exception, -the board may impose such requirements and conditions with respect to location, installation, construction, maintenance and opera- tion and extent of open space in addition to those expressly set forth in this chapter as may be deemed necessary for 'the protection of other properties in the zone or vicinity and the public -interest. Only the following special exceptions may be granted by the board: 107 in commercial or industrial districts, special exceptions may be granted for the construction of accessory buildings, private garages and' additions to exi! ing single family dwellings providing the additions do not exceed twenty-five percent of the fair market value of the existing dwelling as estimated by the building department of the City. (2) Exceptions to Height Limits: (A) Commercial Structures. A commercial structure which by reason of its ince ed use, requires exceptional height, provided, however, that all such stru tures or portions of structures above the otherwise applicable height limi shall not occupy more than twenty-five percent of the lot area and shall t distant forty feet or more from every lot line not a street line. Said extensions shall not exceed twenty-five percent of the allowable height 'limits within the zoning classification where the structure is located and that said extensions shall not provide any additional floor area intended for occupancy. This section shall not include increasing the height limit of signs of any nature. (3) Platted lots within the same block and same zone, but separated by a public alley, may be used as a single building site for purpose of calculating 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 abutt a minimum of one hundred feet upo -the alley; (B) The two portions of the property shall be directly opposite for a distance representing at least fifty percent of the width of the portion of the property not to be occupied by the proposed building; (C) Portion of the property not occupied by -the building shall not be sold, sei gated or used for, building purposes so long as the building remains on the portion of property on the opposite side of the alley. (Ord. 2498 S5, 197( Chapter 11 .22.060 Variances The board may grant a variance in the regulation of this chapter when a property owner show that his property was acquired in good faith and where by reason of the irregular shape of a lot of record on October 19, 1970 or by reason of existing topographic condi- tions, or other peculiar and exceptional conditions, the strict application of such reg- ulations would result in real and unnecessary hardship, and the board, through investi- gation and from the evidence be -fore it, is satisfied that the granting of the variance will alleviate a hardship that approaches confiscation. (1 ) In authorizing a variance the board may attach thereto such conditions regardir the location, character and other features of the proposed structures or use as it may deem necessary to carry out the spirit and purpose of this chapter and i the public interest. A variance so authorized shall become void after the ex- piration of one year or longer period if specified at the time of board action, if no building permit has been issued in accordance with the plans for which such variance was authorized, except that the board may extend the period of variance authorization without public hearing upon a finding that there has bee no basic change in pertinent conditions surrounding the property at the time of 108 The original application. No such variance in the provisions or requiremePits of this chapter shall be authorized by the board unless the board finds that all the following facts and conditions exists: (A) Exceptional or extraordinary circumstances or conditions applying to the subject property or to the intended use thereof that do not apply generally to other properties in the same zone dr: vicinity. (B) Such variance is necessary -for the preservation and enjoyment of a substan- tial property right of the applicant possessed by the owners of other pro- perties ro®pesties in the same zone or vicinity. (C) The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located. (p) The authorization of such variance will not adversely affect the comprehen- sive land use plan. (Ord. 2498 S6, 1970). There is herewith added -to the codified ordinances of -the City of Auburn, Washington, the following Chapter 11.2.2.065 pertaining to the issuance of "Conditional Use Permits". A. In all residential districts other than R--1 districts conditional use permits may be granted by the Board of Adjustment for the following uses, provided the uses are conducted entirely within an occupied dwelling or within an attached garage or accessory building of an occupied dwelling. In an R-4 district in conjunction with occupied living units the uses may be conducted in separate detached buildings, provided the other conditions are met. 1, Allowable uses - a. Personal service shops. b. Child Care Centers of seven (7) or more children. C. Music and dancing studios. d. Craft classes. 2. Requirements: a. That only one sign shall be permitted, said sign shall not exceed one square foot in area and containing the name and occupation only. Said sign shall be attached to the building and not lighted. b. That no displays pertaining to such occupation be visable from a public street. B. In considering applications for conditional uses, the Board shall consider the nature and condition of all adjacent uses and structures, and no such conditional use shall be authorized by the Board unless the Board finds that the authorizing of such conditional use will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the authorization of such conditional use will be consistent with the spirit and purpose of this title. In authorizing a conditional use, the Board may impose such requirements and conditions with respect to location, 109 installation, construction, maintenance and OPOVation and extent of Open Spa in addition to those expressly set forth t in this title as may be deemed nese for the protection of other properties in the zome or vicinity and the publ.i interest. 22. BoardPr2pqdyre--General The board shall adopt rules and regulations for its own government, not inconsist with the provisions of this chapter or any other ordinance of the city. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. 2. All Official meetings of the board shall be open to thepboardublic. The shall keep minutes Of its proceedings, showing the action of the board upon each quest! and shall keep records Of its examinations and other official actions taken by it all of which shall be JmmediatelY filed in the office of the board and shall be a public record. S. All actions of the board shall be by resolution, which shall include th each decision. The concurring vote of three members of the board shal Ie bereasons necessi to decide in favor of an applicant on any matter upon which it is required to ren( a decision under this chapter. (Ord. 2498 S7, 1970). Chapters 11,22,080 Lrocedure--Fillnglications —222- An application to the board in of this chapter, may be made by government officer, department, all the plans, specifications, accompanied by a receipt of the of ton dollars. cases in which it has jurisdiction under the provisions any Property owner, tenant, authorized agent or any board or bureau affected. Such application, together w and other Papers pertaining to the application shall be city treasurer showing Payment by the applicant of a fe( The Planning director shall review all applications to insure that the request is const tent With the intent and purpose of this section. In cases when the planning director considers the request, as set forth in the appllcation, to be not within the jurfAictic of the board Of adjustments, the applicant shall be so informed in writing. The decisic of the planning director shall be final unless a notice of appeal to the city council is filed with the city clerk within ten days of the date of the decision. The city council shall, within thirty days after receipt of the appeal, sustain, reverse or modify the decision of the planning director. (Ord. 2498 S8, 1970)g LheeL_Li ? L . �9 0 .__ _ 02jurIll Board hearilq_ k1hen an application addressed to the board has been filed in accordance with the provi-, sions of this chapter, the secretary of the board shall set a date for hearing the same. Notice of such hearing shall be given not less than ten days prior to the date of such hearing h Pcstinq not less than three Mticos in conspicuous public places within three 110 hundred feet of property concerned. Such notices shall be in the form prescribed by the board and shall set -forth the time, place and purpose of such hearing. (Ord. 2498 S9, 1970). Cha ere l I 22.100. Procedure --Decisions of -the Board--8Rpeal The board shall decide all applications after a public hearing has been held thereon not later than forty-five days after the filing of an application and a certified copy of the final decision of the board shall be transmitted to the applicant and the build -Ing in- spector -Immediately thereafter. The decision of the board shall be final, unless, within ten days from the date of the decision, the applicant or an adverse party shall make application to the superior court for King County -for a writ of certiorari, prohibition or mandamus. A certified copy of the final decision shall be transmitted to the appli- cant and the building inspector immediately after the decision is rendered by the board and the building inspector shall be bound by and incorporate the terms and conditions of any final decision in the permit -to the applicant whenever a permit is authorized. (Ord. 24-98 SlO, 1970). Chap_ter,11.22.110 Std A request for adjustment to the board stays all proceedings in -furtherance of the adop- tion from which the request for adjustment was taken, unless the building inspector from whom the request for adjustment was taken, certifies to -the board, after the notice of request for adjustment shall have been filed with him, that by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life or property, in which case such action shall not be stayed otherwise than by restraining order which may be granted by -the board of adjustment, or by any court of record. Notice of such action and cause shall be transmitted to the building inspector., (Ord. 2498 Sll, 1970). CHAPTER 11.24 Amendment Chpttr. 11 .24.010, Aunar—i—ty —ofCOR—ric—il (a) PETITION: The City Council may upon proper petition or upon its own motion, after referral to public hearing and report thereon by the Planning Commission, change by ordinance the district boundaries or zone classifications as shown on the districts maps. (b) CITY COUNCIL: The City Council may upon its own motion or recommendation of the Planning Commission after public hearing thereon amend, supplement, or change by ordi- nance the regulations herein established. (c) GRANTING PERMIT: The City Council may upon proper petition grant by ordinance a special permit as specified by the regulations in this title after recommendations and public hearing thereon by the Planning Commission. The special permit shall be granted for a specific plan approved by Commission after public hearing thereon of which one copy shall be the ordinance and be adopted by reference 'thereto. (Ord. 1812 S4A, 1702 S36A, 1964). Chapter 11.24.020... Procedure the Planning affixed to 1965: Ord. A petition for a change in use district boundaries, reclassification of pro- perty, or special permit shall be made by the property owner on a form provided by the Planning Commission and filed with the City Clerk accompanied by a filing fee of Seventy Five dollars for, a rezoning or change in use district boundaries of Seventy Five dollars for a special permit to cover costs in con- nection with proceedings upon such petition. All such petitions shall be directed to the City Council and then referred to -the Planning Commission. The Planning Commission shall file a written report of all such petitions within ninety days of -the date they are received by the Planning Commission. The Planning Commission shall hold a public hearing on all petitions or requests for an amendment to this title; notice of such hearing and the proposed amend- ment shall be given publication in the official newspaper of the city at least ten days prior to the dates of such hearing. If the proposed amendment consists of or includes a change in any boundary of any district established by this title, notice of the hearing thereon shall be also given at least ten days prior to the date of hearing by: (a) Mailing postcard notices thereof to owners of all land lying within two hundred feet from the exterior boundaries of the land involved in the proposed district boundary changes, as the names appear on the latest county treasurer's real estate tax records. 112 (b) Posting notices thereof along every road or street abutting the land as pVoposed to be changed. At 'least one notice shall be placed for each five acres of land -in each area proposed to be rezoned. Each notice shall bear the printed heading "NOTICE OF PUBLIC HEARING" -in letters at least two inches high. It shall be the duty of -the planning commission to see that all such rezoning signs are removed not later than seven days after the date of hearing. 'The planning commission shall diligently observe the foregoing requirements with respect -to mailing and posting notices, but any minor inadequacy in giving such notice shall not invalidate the proceedings for any amendment. The planning commission shall post the above required notices. After the conclusion of 'the aforesaid hearing, the planning commission' will submit to the city council its recommendation with respect to the proposed amendment. In recommending the adoption the planning commission shall fully state its reasons, specifically setting -forth the manner in which the commission 'is of the opinion that the amendment is in harmony with the comprehensive plan of land use for the city. The city council, pursuant to public hearing called by them, may affirm, modify or disaffirm any decision of the planning commission relating to the amendment or supplementation of the district boundaries or zone classification, or the issuance of special permits authorized by the regulations of this -title. (Ord. 1812 S4B, passed August 16, 1965: prior Ord. 1702 S36B, passed July 6, 1964) CjApt�gLjl .24.030 Resubmission of Petitions A petit -ion for a change in use district boundaries, reclassification of property, or special permit cannot be resubmitted to the planning commission or the city council for a period of six months from the date of disapproval of such petition. (Ord. '1812 S4C, passed August 16, 1965: prior Ord. 1702 S36C, passed July 6, 1964). 113 CHAPTER 11.'28 Miscellaneous CJhA�b�r 11. 2L.111 InteprLtalion qjL _ I eqiL _ationL In interpreting and applying the provisions of this title they shall be held to be the minimum requirement for the promotion of the public health, safety, convenience, comfor and general welfare, and other purposes as stated in Section 11.04.020 of this title. It is not the intention of this title to interfere with any more strict requirements th may be imposed by any city, county, state, or federal health officer that has jurisdic- tion in the City of Auburn. (Ord. 1702 S37, passed July 6, 1964). ,Lhp]Lq. I L. 28.02Q Violations and Penalties.. Any person or corporation whether the owner, lessee, principal, agent, employee, or oth wise, who violates any of the provisions of this title or permits any such violation or -fails to comply with any of the requirements thereof, or who erects, constructs, recon- structs, alters or enlarges, converts, moves, or uses any building or uses any land in violation of any detailed statement or plans submitted by him and approved under the pr, visions of this title, shall be guilty of a misdemeanor and upon conviction thereof sha be punishable by a fine not exceeding three hundred dollars or imprisonment for a perioi not to exceed three months, or both. Each weeks continued violation shall constitute a separate additional violation. In case any building or structure is erected, constructed, reconstructed, altered, con. - vented or maintained, or any building, structure or land is used in violation of this title, the proper legal authorities of this city, in addition to other remedies may in- stitute any appropriate action or proceedings to prevent such unlawful erection, constrt tion, reconstruction, alteration, conversion, maintenance or use to restrain, correct of abate Such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or uses in or about such building, structs or, land; and upon failure or refusal of the proper legal officer, board or body of the city 'to institute any such appropriate action or proceeding for a period of ten days af-I a written request by a resident -taxpayer of this city so to proceed, any three taxpayers of the city residing in the district wherein such violation exists, who are jointly or severally aggreived by such violation, may institute such appropriate action or proceed- ings in like manner as such local officer, board, or body of the city is authorized to c Upon his becoming aware of any violation of any of the provisions of this -title, the bui ing inspector shall serve notice of such violation on -the person or corporation committi or permitting the violation, and -if such violation has not ceased within such reasonable length of time as the building inspector may specify, the building inspector shall insti tote such action as may be necessary to terminate the violation. (Ord. 1702 S38, passed July 6, 1964). 114 Chapter 11.28.030 Validity Should any section, clause or provision of this valid, the same shall not affect the validity of other than the part so declared to be invalid. , 'I title be declared by the courts to be in - the title as a whole or any part thereof, (Ord. 1702 S39, passed July 6, 1964). 115