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ORDINANCE NO, / `fes
. ,AN ORDINANCE, OF'THE CITY OF AUBURN, WASHINGTON, ESTAALISHING A COMPREHENSIVE ZONING .
PLAN FOR`THL'CITY OF AUBURN BY ESTABLISHING 'VARIOUS USE DISTRICTS`.FOR THE AREAS IN
',x'„. THE CITY, PRESCRIBING CERTAIN REGULATIONS FOR EACH OF SAID_ USE DISTRICTS, AND.REPEALING
1."4::: . ,.-ORD>:NO 'loo. OF THE CITY OF AUBURN AND ALL AMENDMENTS' THERETO AND-ALL OTHER ORDINANCES
-OR PARTS THEREOF WHICH .CONFLICT WITH THIS ORDINANCE. .. .
THE CITY -COUNCIL OF THis CITY OF AUBURN, WASHINGTON,' DO ORDAIN AS FOLLOWS:
CONTENT
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ARTICLE 3; _ TITLE AND. PURPOSE I
. ARTICLE'II. DEFINITIONS . I
ARTICLE'III, ESTABLISHMENT OF DISTRICTS 4
• ARTICLE IV,; 'RI ULATIONS • { 5 '
SCHEDULE: ,Z
tR 1, Single •Family-District; . 6
-2, Single Family District I 6
. RR-,Z,
Family District .--.,1- ,' , , . 7
- • ,R-4, Multiple Family District' : - 8
Rt5,..Mobile HOme .Park Distriot 8
-. A-.l,?Agricultural District 9 -
, ":N-S,:Neighborhood Shopping District! 10
;C-1, Light Commercial District 10, . •
. 0-2, -Central Business District• II
_ . C-3,• Heavy.Commercial”District;. 11
1I M i, Light Industrial-District '. .. • . 12
lM 2,- Heavy Industrial Districtt 13 '
' ,'L-F,,Landing.:Field District ' f . 13 .
P-1,, Public Use District i14 .
„ 'ARTICLE V. ;ADMINISTRATIONS , 26
• ARTICLE VIS AMENDMENT i 29 .
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ARTICLE VII, - MISCELLANEOUS • . 29 '
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. NOTES: 14-25
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ARTICLE I TITLE AND PURPCSE
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Section 10 This'ordinance and maps & all be Dorm as, and may be' cited"and referred,
to. as The Comprehensive Zoning Plan of the City of Auburn, WashinFtori, in accordance '
• with Chapter 44, . Laws of 1935, Laws of the State of Washington, 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, construction and design of
buildings and other structures; the size of yards, courts and other open spaces;
the density of population; and'the: set-back of buildings along highways, parks,
or..public water frontages°
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• 3. For any of all of ,such purposes may divide the City of Auburn, or any portion
thereof into districts of such size, shape and area, or may establish such office
ial maps as may be deemed best suited to carry out the regulations and provide for
their enforcement,'.
4. Such regulations are deemed necessary in order:
(a) To promote the interest of health, safety, morals and the general welfare.
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(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.
(e) To conserve and stabilize property values.
(f). To facilitate the.adequate .provision of transportation, water, sewerage,
- schools, parks and other public requirements. •
ARTICLE II. - DEFINITIONS
Section 2a - For- the purpose.of..this ordinance the following words -and phrases shall
have the following:meaning:
Accessory Use: Ause...cuetomarily..incidental and subordinate to the principal use or
Wilding and located on the same lot 'With such principal use or building.
Alley:, 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,
Alteration. Structural: Any change or rearrangement in the structural parts, or in
the'-exit facilities; or an enlargement, whether by extending on a side or by increas-
• ing in height, or the moving from one location or position to another,
Apartment House: A building, arranged, intended or designed to be occupied by
three ormore :families living independently of each other.
Area,. Building: The-mazimum.horizontal area of a building andits accessories at
the ground, level except ,as herinafter :provided.with respect to accessory garages
in residential districts.
Automobile Trailer and Equipment Sales Area: An open area, other than a street or
alley, used for the display, sale or rental of new or used automobiles, trailers .
or other equipment. - - •
Boarding.House: Any dwelling in which more than three persons either individually
or 'asJamilies are housed or..lodged:•.for hire with or without meals, A rooming house
' or a ,furnished=room house shall be -deemed a boarding houses"
Building. Accessory: A,supplementalbuilding, the use of which is incidental to that
• of the'.main or-principal -building and located on the same lot therewith.
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Buildings Height of: The vortical 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 mansored roofs, and to the mean height be-
tween eaves and ridge for gable, hip and gambrel roofs..
Building Line: A line, established by law, beyond which a building shall not extend'
except as specifically provided by law,
Building, Main: Any structure housing the principal use of a property,
Carport: Any structure or portion of a building or structure, other than an attached
or detached garage used for the shelter of self-propelled vehicleer
Commercial Vehicle: A motor vehicle used for purposes other than a family car, ouch
as a taxi, delivery, or cervico vehicle,.
Coverage, Lot: That percentage of the plot or lot area covered by the building area,
Dog Kennel: The keeping of more than four (4) dogs that are more than six months old.
Dwelling, Group: A group of dwellings occupying a lot and having one yard in common.
Dwelling, One-family: A detached building containing one dwelling unit only.
Dwelling„ Two-family: A detached building containing two dwelling units only.
Dwelling. Multiple.: A building or portions thereof, used for and containing three or
more dwelling units,
Dwelling Unit: A building or portion thereof providing complete housekeeping facil-
ities for one family.
Established Grade: The highpoint of the sidewalk as established by the city at the
front or side lot line.
Family: One or more persons occupying a dwelling unit and living as a single, none
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profit housekeeping unit,
Farm: Any parcel of land containing at least five (5) acres which is used for gain
in the raising of agricultural products, livestock, 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„
Garage: A building or portion thereof in which a motor vehicle is stored, repaired
or kept.
Garage, Private: A garage used for storage purposes only end having a capacity of
not more than two (2) automobiles and one (1) 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 (2) vehicles of others than
occupants of the building to which such garage is accessory.
Garage Public: Any garage not a private garage, and which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor vehicles,
Hedge: A group of plants growing nut mere 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.
Home Occupation: Any use customarily conducted entirely within a dwelling and carried
on by the inhabitants thereof, which use is clearly incidental and secondary to the
use of the dwelling for dwelling purposes and does not change the character thereof.
The conducting of a clinic,. hospital, barbershop, beauty parlor, tea roam, tourist
home, animal hospital or any similar use shall not be deemed to be a home occupation.
Hotel: Any building or portion thereof containing fifteen (15) 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.
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Loading Space: An off=street space or berth on the same lot with a building, for the
temporaryparki:g of a commercial vehicle while loading or unloading merehandiee or
materials, and which abuts upon a street,, alley, or other appropriate means of access.
Lot: A portion or parcel of land considered as a unit, devoted to a certain use or
occupied by a certain building or group of buildings that arc united by a common
interest or use and the customary accessories and open spaces belonging to the same,
Lot, Depth of: A mean horizontal distance between the front ane: rear lot lines,
measured in the general direction of its side lot lines.
Lot Lines: Any line dividing one lot from another.
Lot. Width of: The mean width of the lot measured at right angles to its depth.
Lot of Record: A lot which is a part of a subdivision, the map of which has been
recorded in the office of the County Auditor.
Mobile Home: A vehicle used for living purposes, and standing on wheels or on rigid .
supports*
Mobile Home Court: Any park, court, site, lot, parcel or tract of land designed,
maintained, intended or used for the purpose of supplying a location for mobile homes
to be used for residential purposed; including buildings used or intended for use as
storage, wash rooms, and office thereof,
Motel: A group of attached or detached buildings, not provided with 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 conven-
iently located to each unit, including Tourist Homes and Motor Lodges„
Non-conforming Use: A temporary legal use of a building or land that does not con-
form to the regulations as to use for the district in which it is situated.
Off-street Parkins: Parking facilities for motor vehicles on other than a public
street or alley.
Parking Space: An off-street parking space available for the parking of one motor
vehicle and having an area of not less than two hundred (200) square feet exclusive
of passageways and driveways appurtenant thereto and giving access thereto, and having
direct access to a public street or alley.
Rooming House: (See Boarding House)
Sig,: A "sign" is any structure or part thereof, or any device attached to a struc-
ture or painted 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. A •
"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, charitable, philanthropic, civic, professional,
religious or similar campaign, drive, movement or event. However, a "sign" shall
not include a smilax structure or device located within a building,
A "business sign" is a sign which directs attention to a business or professional
service conducted, or to products nold 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".
An "advertising sign" is a cign which directs attention to a business, commod-
ity, service or entertainment conducted, sold or offered elsewhere than upon the
same lot,
An "illuminated sign" is any sign designed to give forth any artificial light,
or designed to reflect such light deriving from any source which is intended to
cause such light or reflection. A "flashing sign" is any "illuminated sign" on
which the artificial light is not maintained stationary and constant in intensity
and color, at all times when in use
Street: A public thoroughfare which affords principal means of access to abutting
property
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• Structure: Structure moans a combination of m'tcrialo, including a building used to
form a construction that is safe and stable end includes among other things stadiums,
platforms, radio towers, sheds, storage bins, fences, and display signs,.
Tourist Court: A group of cabins, provided with kitchen facilities, in which tourist
or others are urovided living accommodations for periods of normally less than two
weeks duration,
Tourist Nome: A dwelling in which sleeping accommodations in less than fifteen (15)
rooms are provided or offered for transient guests for compensation,
Yard: An open unoccupied space o,. the sane lot with a building or structure.
Yard. Front: A yard between the front lot line and the front building line and extend-
ing the full width of the lot.
Yard yRear: A yard between the rear lot line and the rear building line and extend-
ing the full width of the lot,
Yard, Side: A yard between the side lot line and the side building line and extend-
ing the full length of the lot,
ARTICLE III. ESTABLISHMlNT OF DISTRICTS
Section 3, List of Districts.
A. The City of Auburn is hereby divided into the following classes of districts:
R-l: One-family Residential District - 8,000 square feet per lot„
R=2: One-family Residential District - 6,000 square feet per lot,
R=3: One and Two--family Residential District = 5,000 square feet per lot.
R-4: Multiple Femily. Residential District
R=5: Mobile Home Park Residential District
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A=1: Agricultural District
NS: Neighborhood Shopping District
C-1: Light Commercial District
C-2: Commercial District (Central Business District)
C=3: Heavy Commercial District •
M-1: Light Industrial District
M=2: Heavy Industrial District
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LF: Landing Field District
P-1: Public Use District
B. The aforesaid districts are hereby established as the designations, locations,
and boundaries thereof as set forth and indicated on the Zoning Map,
Section 4: Zoning Map,
A. The term "Zoning Hap" as herein used shall be deemed to be that certain map,
three copies of which are on file in the office of the City Clerk, of said City
and labeled COMPREHENSIVE ZONING MAP OF THE CITY OF AUBURN, WASHINGTON, dated
and signed by the City Clerk and Mayor of said City,
Said Zoning Map is hereby adopted and made a part of this ordinance,
Sectio:?.moi:, Interrretat.'i.on of Districtt Boundaries
AO where uncertainty exists as to any of said boundaries of the use districts, as
shown on the Zoning Map, the following rules shall. apply:
1. Where such boundaries are indicated as approximately following the
center lines of streets, alleys, railroads, or water lines, such center
lines shall be construed to be such boundari.eso
2, Where such boundaries are indicated as approximately following lot
lines, and are not more than twenty (20) feet therefrom, such lot lines
shall be construed to be such boundaries.
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,
ARTICLE IV, REGULATIONS
Section 6: Application of Regulations
Ao Except as otherwise provided in Sections 9 and 10 of this ordinance:
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 listed in the Schedule and Notes appended thereto, constituting
Section 7 of this ordinance as permitted in the district in which land or
building is located, nor in any manner contrary to any of the requirements
specified in said Schedule and Notes,.
2, No building shall hereafter be erected, reconstructed, or structurally
altered to exceed in height the limits designated. in said Schedule and Notes
appended thereto for the district in shich 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 location, percentage of lot coverage, off-street
parking space and other space and area regulation designated in said
Schedule and Notes appended thereto, 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 ordinance and the certificate of occupancy for such building there-
upon shall be null and void,
4. Off-street parking areas shall be provided as specified in said Schedule
and Notes appended thereto° The parking areas provided shall be of suffic-
ient dimensions to make it practical 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 ordinance 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 building on the new lot thus created
unless it complies with the provisions of this ordinance°
Section '.:,Schedule of Regulations
A. The schedule of regulations, described as "Schedule For Zoning Ordinance No:
and the Notes appended thereto applying to the uses of land and buildings, the height
of buildings, the yards and other open spaces to be provided contiguous to or in
connection with buildings, the area of lot, off-street parking areas and all other
matters contained therein, as indicated for the various districts established by
this ordinance, are hereby adopted and declared to be a part of this ordinance,
and may be amended in the same manner as any part of this ordinance. The regula-
tions listed for each district are designated reading from left to right across
the schedule and in all Notes appended thereto, are hereby adopted and prescribed
for such district, subject to the provisions of Sections 8, 9 and 10 of this
ordinance and unless indicated shall be deemed to be the minimum requirements in
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every instance of their application. The listing of any use in said Schedule
either as being permitted in or being excluded from any particular district shall
be deemed to be an exclusion of such use from any more restricted district, unless
such use is permitted in such•more restricted district under the language set
forth in the Schedule as applying thereto.
Be Schedule For Zoruna_Ordinance No, __
1, R-1 -- Single Family District
a, PERMITTED USES •
(1) One-family dwellings, not to exceed one dwelling on any lot.
(2) Private garages and other accessory buildings as are customarily
appurtenant to a one-family dwelling,
(3) Gardening and fruit raising,
(4) Keeping of not more than 4 family pets, which can be kept in the home,
This limit of 4 pats shall not include birds, fish, suckling young of
a pet, which at all times arc kept inside a fully enclosed building.
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(5) Signe, as provided in Article IV, Section 7, Note 11,
(6) Special property uses as provided in Article V, Section 10, paragraph 5,
b, MINIMUM SIZE OF LOT (The minimum width of lot shall be provided at the front
building line,)
(1) Minimum area n 8,000 square feet
(2) Minimum width = 80 feet
c, MAXIMUM HEIGHT OF BUILDING
(1) Stories - Two and ono-half (2L)
(2) Feet - Thirty (30)
d, MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Thirty percent (30%) of which not more than one-third shall be accessory
buildings.
e, MINIMUM YARD DIMENSIONS •
(1) Front Yard = Twenty-five (25) feet
(2) Side Yard D Ten (10) feet
(3) Street Side Yard ® Fifteen (15) feet
(4) Rear Yard - Thirty (30) feet
f, MINIMUM FLOOR AREA
1,000 square feet per dwelling exclusive of any area to be used for garage,
storage, porch, or similar use,
g;. FENCE AND HED3E REQUIREMEWPS
As provided in Article IV, Section 7, Note 5
h, MINIMUM OFF STREET PARKING AND LOADING SPACE
One off®atrcet parking space for each one-family unit, as provided in
Article IV, Section 7, Note 1,
2, R-2 - Single Family District
a. PERMITTED USES
(1) All uses permitted in Rdl districts.
(2) Customary home occupations as permitted. in Article IV, Section 7, Note 10,
(3) Renting of rooms for lodging purposes to accommodate not more than two (2)
persons in addition to the immediate family.
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(1) Ia .n...z u4 (.t. : :� ,000 Llrilulr.
(2) A,ttnimun width 60 foot a
en MAXIMUM HEIGHT OF BUILDING;
(1) Steriea m Two and one-half (21)
(2) Feet e Thirty (30)
d„ MAXiiii.M COVE!AGE OF LOT ST ALL OUILDINGS AND STRUCTURES THEREON
Thirty percent (30%), of which not more than one-third shall be accessory
buildings,
e0 MIN:2;UM YARD DIMENSIONS
(1) Front Yard m Twenty-five (25) feet,
(2) Side Yard = Five (5) feet,
(3) Street Side Yard - Ten (10) feet.
(4) Rear Yard - Thirty (30) feet,
Except as noted in Article YV, Section 7, Notes 2, 3 and 4,
f, MINIMUM FLOOR AREA
850 square feet per dwell/fly., excluding any area to be used for garage,
storage, porch, or simE ar use.,
ge FENCE AND HEDGE REQUIREMENTS
As provided in Article IV, r:ection 7, Note 5,
h, MINIMUM OFF-STREET PARKING ALu? LOADING SPACE
One off..street parking s vtco for each one-family dwelling as provided in
Article IV, Section 7, Note 1,
3, R .3 m Two-family District
a, PERMITTED USES
(1) All uses permitted in R,,.2 districts
(2) Two-family dwellings
(3) Signo as provided in Ar cle IV, Section 7, Note 11.
b, MINIMUM SIZE OF LOT (The minimum width of lot shall be provided at the front
building line,; )
(1) Minimum area - 5,000 t.•uare feet ) For each one family unit
(2) Minimum width a 50 feet
(3) Minimum area - 6,500 !:;mare feet ) For each two-family unit
(4) Minimum width - 50 feel
c_, MAXIMUM HEIGHT OF BUILDII
(1) Stories m Two and one-alf (2a)
(2) Feet .- Thirty (30)
d. MAXIMUM COVERAGE OF LOT F!: ALL BUILDINGS AND STRUCTURES THEREON
Forty percent (40%), ,;f which not more than one-third shall be accessory
buildings.
e,: MINIMUM YARD DIMENSIONS
(1) Front Yard 5uenty (20) feet
(2) Side Yard - Flve (5) feet Except as noted in Article
(3) Street Side Yard = Tcn (10) feet IV, Section 7, Notes 2, 3
(4) Rear Yard - :ienty-five (25) feet and 4,
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f IwttNIMUM FLOOR AREA
(1) 600 square feet per ono-family dwelling ), exclusive of any area to be used
(2) 1,200 square feet per two-family dwelling ) for garage, storage, porch,; or
similar USO,
g„ FENCE AND HEDGE REQUIREMENTS
As provided in Article IV, Section 7, Note 5,
he MINIMUM OFF-STREET PARKING AND LOADING SPACE
As provided in Article IV, Section 7, Note 1;
4. R=4 - Multiple Family District
a. PERMITTED USES
(1) All uses permitted in R=3 districts.
(2) Multiple--family dwellings.
(3) Sins, as provided in Article IV, Section 7, Note 11.
b, MINIMUM SIZE OF LOT (The minimum width of lot shall be provided at the front
building line,)
(1) Minimum area -• 5,000 square feet ) 1,500 square feet of lot area shall be
(2) Minimum width - 50 feet provided for each additional living unit,
c, MAXIMUM HEIGHT OF BUILDING
(1) Stories - Three (3)
(2) Feet - Thirty-five (35)
d. MAXIMUM COVERAGECF' LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Iorty percent (40%), of which not more than one-third shall be accessory
buildings,
e, MINIMUM YARD DIMENSIONS
(1) Front Yard - Fifteen (15) feet Except as noted in Article IV,
(2) Side Yard - Five (5) feet Section 7, Notes 2, 3 and 4.
(3) Street Side Yard - Ten (10) feet
(4) Rear Yard - Twenty-five (25) feet
f, MINIMUM FLOOR AREA
400 square feet per dwelling unit, exclusive of any area used for accessory
buildinge,
g, FENCE AND HEDGE REQUIREMENTS
As provided in Article IV, Section 7, Note 5, •
h, MINIMUM OFF STREET PARKING AND LOADING SPACE
As provided in Article IV, Section 7, Note 1.
5. R-5 - Mobile Home Park District
a, PERMITTED USES
(1) Mobile Home Parka
(2) Signs, as provided in Article IV, Section 7, Note 11,
b. MINIMUM SIZE OF LOT
(1) Minimum area m 40,000 square feet
(2) The average lot areas per unit on the site, exclusive of roadways, shall
not be less than 1,500 square feet,
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mAxn JM FLIGHZ O ,gBUXOIN
(1) Stories -• One (1)
(2) Feet - Fifteen (15)
d. MAXIMUM COVERAGE OF LOT ff,ALL BUILDINGS AND STRUCTURES THEREON
Not specified°
o, MINIMUM YARD DIMENSIONS
(1) Front Yard - Fifty (50) feet
(2) Side Yard - Ten (10) feet
(3) Street Side Yard = Fifteen (15) feet
(4) Rear Yard - Ten (10) feet
All individual mobile homes or accessory buildings shall not be located
nearer than ten (10) feet from the nearest adjoining accessory building
or mobile home.
f. MINIMUM FLOOR AREA
Not specified.
g., FENCE AND HEDGEXEQUIR-.E1 NX'S
Ae provided in Article IV, Section 7, Note 5.
h. MINIMUM OFF-STREET PARKING ANDLOADING SPACE
Ae provided in Article IV, Section 7, Note 1.,
6. A-1 m Agricultural District.
a.. PERMITTED USES
(1) Any use permitted in the R=1 and R-2 Districts.
(2) All agricultural u105, including commercial poultry and fowl hatcheries„
(3) Accessory buildings: including a private garage, accessory living quarters
including 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 150 square feet.
b. MINIMUM STXF OF LOT
None Specified.
c, MAXIMUM HEIGHT OF BUILDING
(1) Stories - Three (3)
(2) Feet = Thirty-five (35)
d. MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Not Specified.
e. MINIMUM YARD DIMENSIONS
(1) Front Yard =- Fifty (50) feet
(2) Side Yard = Ten (10) feet
(3) Street Side Yard a Fifteen (15) feet
(4) Rear Yard = Thirty (30) feet
f., MINIMUM FLOOR AREA
• Not Specified.
g. FENCE AND HEDGE REQUIREMENT'S
As provided in Article IV, Section 7, Note 50
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• h. MINIMUM OFF-STREET PARKING AND LOADING SPACE
As provided in Article IV, Section 7, Note 1,
7. N-S - Neighborhood Shopping District
a. PERMITTED USES
(1) All uses permitted in the least restricted residential district abutting
the particular N-S district as is permitted therein,
(2) Special property uses s.e provided in Article V, Section 10, paragraph 5o
(3) Sign.; - as provided in Article IV, Section 7, Note 11.
b, MINIMUM SIZE OF LOT (The minimum width of lot shall be provided at the front
building line,)
Residential uses: same as for leant restrictive residential district abutting.
c. MAXIMUM HEIGaT OF BUILDING
Sane as for least restrictive residential district abutting,
d. MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Same as for least restrictive residential district abutting,
e, MINIMUM YARD DIMENSIONS
Same as for least restrictive residential district abutting.
f, MINIMUM FLOOR AREA
Same as for least restrictive residential district abutting„
g. FENCE AND HEDGE REQUIREMTS
As provided in Article IV, Section 7, Note 5,
h. MINIMUM OFF-STREET PARKING AND LOADING SPACE
As provided in Article IV, Section 7, Note 1.
8. • C-1 - Light Commercial District.
a. PERMITTED USES
(1) Motels, Tourist Courts and Motor Lodges.
(2) Places for conducting any of the following retail businesses and offices:
(a) Banks, Hotels
(b) Personal service shops, Offices
(c) Retail stores, Restaurants, and Cafes
(d) Places of amusement and recreation, as provided in Article IV, Section 7,
Note 9.
(e) Studios, Theaters, and Auditoriums
(f) Parking lots
(g) Garages and Gasoline Service Stations se provided in Article IV, Section 7,
Note 9.
(3) Signs as provided in Article IV, Section 7, Note 11.
b. MINIMUM SIZE OF LOT
None specified, except that Motels, Tourist Courts, Motor Lodges shall
provide 1,000 square feet of lot area for each rental unit.
c. MAXIMUM HEIGHT OF BUILDING
(1) Stories - Four (4)
(2) Feet - Forty-five (45)
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d, MAXIMUM CCOVERAGE OF LOT by ANLL I) S RUCTURES THEREON
Not Specified.,
e.. MINIMUM YARD DIMENSIONS
None specified, except that Motels, Tourist Courts, and Motor Lodges shall
provide:
(1) Front Yard --- Forty (40) feet
(2) Side Yard - Ton (10) feet
(3) Street Side Yard - Fifteen (15) feet
(4) Rear Yard - Ten (10) feet
f. MINIMUM FLOOR AREA
No Minimum
g. FENCE ANDHEDGE REQUIREMENTS
No Restrictions; Except that Motels, Tourist Courts and Motor Lodges shall
comply with Article IV, Section 7, Notes .
h, MINIMUM OFF-STREET PARKING AND LOADING SPACE
As provided in Article IV, Section 7, Note 1,
9. C-2 - Central Business District,
a. PERMITTED USES
(1) All uses permitted in Cl- districts
b. MINIMUM SIZE OF LOT
None Specified
c, MAXIMUM HEIGHT OF BUILDING
(1) Stories - Four (4)
(2) Feet - Forty-five (45)
d, MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Not Specified
e, MINIMUM YARD DIMENSIONS
None Specified
fe MINIMUM FLOOR AREA
No Minimum
g. FENCE AND HEDGE REQUIREMENTS
No Restrictions
hz MINIMUM OFF-STREET PARKING ANDLDADING SPACE
Mono Required
10, C-3 - Heavy Commercial District
ao PERMITTED USES
(1) All uses permitted in C-2 district,
(2) Self=service laundries.
(3) Auditoriums.
(4) Undertaking establishments.
(5) Garages and Service Stations,
(6) Preparation or manufacture of goods or products on the premises for retail
sale if not more than 10 persons are employed in such preparation or
manufacture at any one time,,
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(7) • Used oar lots„
(3) Signe as provided in Aric1c IV, Section 7, Note 11,
b, MINIMUM S ZE OF IOT
None Specified
c, MAXIMUM HEIGHT OF BUIIJJING
Not Specified
d, MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Not Specified
e, MINIMUM YARD DIMENSIONS
None Specified
1. MINIMUM FLOOR AREA
No Minimum
g, FENCE AND HEDGE REQUIREMENTS
No Restrictions
h, MINIMUM OFF-STREET PARKING AND LOADING SPACE
As provided in Article IV, Section 7, Note 1
11, M-1 - Light Industrial District
a. PERMITTED USES
(1) All uses permitted in C-3 Dirtricte,
(2) Heavy machinery sales yards,
(3) Warehouses and storage building, construction storage yards, building material
sales and storage.
(4) Machine shop, welding shop, plumbing shop, sign shop, upholstery shop,
(5) Laundry, bottling plant,
(6) Veterinary hospital and kennels,
(7) Food processing and storage,
(8) Printers,
(9) Signs as provided in Article IV, Sedtion 7, Note 11, •
b, MINIMUM SIZE OF LOT
None Specified
c, MAXIMUM HEIGHT OF BUILllING
Not Specified
d, MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Not Specified
e, MINIMUM YARD DIMENSIONS
(1) Front Yard = Twenty (20) foot
(2) Side Yard = Ten (10) feet
(3) Street Side Yard - Fifteen (15) feet
(4) Rear Yard = Ten (10) feet
f, MINIMUM FLOOR AREA
Does Not Apply,
g, FENCE AND HEDGE REQUIREMENT
No Restrictions,
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MD:IMIN_,CO3:tHSTREET,
A• 'lo ' Section 7, Note an
..: provided ii^. h�.:.'ilit. I .
i, +.vDHSTxRIAL,PER O?i�4'+i'.CE _ 1AND ,1n
Ao prOvid:j .. in ir,;i.cla IV, Seers:.0n 7, Note 2.3,
120 14w2 Keavy Indur. riaJ District
REF.MITIED - SES
(1) All „„gastric,l t:3':: pe'-'..1attcd in the M=1 district.
(2) Auto :e:c'e:.Icir,L; ;-,:r' �s or junk jards.
(3) Coal and. coke y,:.rd's,
(4) Sars_nllita,
(5) i?eavy machine shops,
(6) Manu1:ac.t aring plant s iii;: hortvy machinery,
(7) Signs to provided in Article IV, Section 7, Note 71,
b, MINIMUM SIZE OF LOT
None Specified
c, MAXIMUM HEIGHT OF BUILDING
Not Specified
d, MAXIMUM (la tiERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Not Specified
o, MINIMUM YARD DIMENSIONS
(1) Front Yard - Twenty (20) feet
(2) Side Yard = Ton (10) foot
(3) Street Side Yard - Fifteen (15) feet
(4) Rear Yard - Ten (10) feet
C. MINIMUM FLOOR AREA
Does Not Apply
g, FENCE AND HEDGE REQUIREMENTS
No Restrictions
h, MINIMUM OFF-STREET PARKING AND LOADING SPACE
Au provided in Article IV, Section 7, Note 1.
13:. L-F - Landing Field District.
a Pi:.U41T .ED USES
(1) Landing fields and all n ce;.'i;i y_�.y accessory rcquiremsnts for aerial transportation,
(2) These perni:tted nes shall hesubject to all State and Federal regulations and
requirnaents of the State of Washington and the Federal government and
their official subdivisions regulating all aircraft and airfields,
b, MINIMUM SIZE OF LOT
None Specified
c, MAID= HEIGHT OF BUILDING
(1) Storien = Not Specified
(2) Feet - Thirty-five (35)
d, MAXIMUM COVERAGE OF LOT BY ALL BUILDINGS AND STRUCTURES THEREON
Not Specified.
e;. MINIMUM YARD DIME:NSiONS
• Not Specified
f„ MINIMUM FLOOR AREA
Does Not Apply
g0 FENCE AND HEDGE REQUIREMENTS
No Restrictions
h, MINIMUM OFF-STREET PARKING ANDLOADING SPACE
As provided in Article IV, Section 'l, Note 1,
lir.•, Pel = Public Use District.
a, PERMITTED USES
(1) The following uses subject to the approval of the Planning Commission and
the City Council are permitted:
(a) Federal, State, County and City governmental buildings,
(b) Highways, Freeways and other thoroughfares
(c) Schools, Playgrounds, Parks,
(d) Other public uses au approved by the Planning Commission and City Council.
b, MINIMUM SIZE OF LOT
None Specified
00 MAXIMUM HEIGHT OF BUILDING
As may be approved by the Planning Commission
d, MAXIMUM COVERAGE OF LOT BY ATT 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 ANDHEDGE REQUIREMENTS
As may be required by the Planning Commission
h, MINIMUM OFF-STREET PARKING ANDLOADING SPACE
As may be required by the Planning Commission
C, Notes, The following notes shall be deemed to be appended to the Schedule in
Section 7 and are hereby adopted as a part thereof as referred to therein.
Note 1: Minimum off-street parking and loading 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 increase by units or dimension of any building or structure, unless
otherwise stipulated, in the amounts as hereinafterX'spocified,
A, 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:
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1, One-family- and Two-family Dwellinecc
a, One (1) parking space for each dwelling unite
2 Multi-family and Aaartmont Houses,
a. L stated in R-4 zones - One (1) parking space for each dwelling unit„
30 Rooming Hcusea, Lodging Houses, Club Rooms, Fraternity and Sorority
Houses and Dormitories,
a, Having two or more guest rooms or three or more guests - One (1) parking
space for each throe residents or guests,
4, Hotels.
a, One (1) parking space for each four guest rooms.,
i' 5, Motels, Motor Lodges. Tourist Homes and Motile Home Parks.,
ao One (1) parking space for each guest room,
b, One (1) parking space for each mobile home,
6, Nursing Homes.
a, One (1) Parking space for each eight bode.
7, Hospitals. Sanitariums,
a. One (1) parking space for each four beds,
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8. Theaters and Auditoriums,
a, One (1) parking space for each six seats,
9. Stadiums, Ball Parks and other outdoor Sport Arenas,
a, One (1) parking space for each 10 seats„
b. Said parking area, or any portion thereof, may be located within five
hundred (500) •feet of the nearest corner of the propert-,' on which the
place of assembly is located.
10. Churches, and other places o.f, worship„ and Funeral Homes.
an One (1) parking space for each ten (10) seats in the main chapel or
assembly room,
11. Dance Halla, kating Rinks, Bowling Alleys, Lodge Halls, and Exhibition
Halls, without fixed seats,
a, One (1) parking space for each four hundred (400) square feet of floor
area used for dancing, skating, or assembly,
b. Bowling alleys shall provide four (4) parking spaces for each alley,
12, Ret.ai?. nrAa, Sh—�nn1ag cluitalu4 Supermarkets. Ranks_ onith na and
Professional Offices ,
a. For buildings of two thousand (2,000) square feet of floor area or less
- One (1) parking space for each five hundred (500) square feet of total
gross floor area,
b, For buildings between two thousand (2,000) and twenty thousand (20,000)
. square feet of floor area - Two (2) parking spaces plus one (1) parking
space for each four hundred (400) square feet of gross floor area above
two thousand (2,000) square feet..
c, For buildings in excess of twenty thousand (20,000) square feet of floor
• area - Fifty-tut (52) parking spaces plus one (1) parking space for each
four hundred (400) square feet of gross floor area above twenty thousand
(20,000) square feet,
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lac Manufacturinee Warehouaineeand General Store/zee
•
a.. One (1) parking space for each two thousand (2,000) square feet of gross
floor area,
le, Off-street requirements for usec not herein specified shall be determined
by the Board of Adjustment„
B, Development and Naintenance of Off• treet Parking Areas,
Every parcel of land hereafter usedas a public or private off-street
p arking arca, as required for the above stipulated uses shall be developed
and maintained an foiD.ows:
1. Said parking areas shall be paved with asphaltic, concrete or similar
surfacing and eh all have appropriate bumper guards whore needed„
2, Wherever any portion of a commercial or manufacturing parking area abuts •
property zoned for commercial use, a solid fence or a hedge shall be
erected to a height of not loss than five (5) feet, except within front
yard areas where the fence may be reduced to three and one-half (3i) feet,
3. Parking areas shall be used for automobile parking only, with no sales,
doad storage, repair work, dismantling or serviceing of any kind,
4. If lighting is provided, it shall bo arranged to reflect away from the
residential area, also from any public street or highway,
C. Provision 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 follow-
ing conditions:
1. That a public hearing be held, written notice of which shall have been mailed
to all property owners within two hundred (200) feet of the property proposed
for such use, at least ten (10) days prior to said hearing,
2, That the parking lot shall be developed and maintained in accordance with the
- provisions of Note 1-B.,
3, That no advertising signs or structures shall be erected on or used in con-
junction with the parking lots.
4., That entrances and exits shall be approved, as to location, by the City Engineer.
5, 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 1 of this ordinance,
6. That no property shall be used for a parking lot under the provisions of this
Note unless and until the Board of Adjustment shall have made an inspection of
the property to verify that it conforms to the conditions specified in this
section or any other special conditions made a part of the special property
use permit,
0, Location of Off-Street Parking Facilities
le All public or private off-street parking facilities shall be located on the
same property as the major land use it is intended to serve,
2, 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:
a, If any portion of said off-street parking area is established to meet the
minimum amount specified for any major land use under this Note, said 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,
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y, A special property use permit, shall have been secured from the Board of . .
Adjustment.
E. Off-Street Loading Spaces.
Buildings devoted to retail trade, retail and wholesale food markets,
warehouses, su;:ply houses, wholesale and manufacturing trade, hotels, hospitals,
laundry, dry cleaning sstablishmonts or other buildings where large amounts of goods
are received or chipped, erected in designated districts after the date of adoption
of this ordinance, shall provide loading and unloading space on the same premises as
the building as follows:
1. Buildings of sir thousand (6,000) square feet or more of floor area = One (1)
off-street loading and unloading space plus one (1) additional off-street
loading and unloading for each additional twenty thousand (20,000) square
feet of floor area.
2_ Each loading space shall be not less than ten(10) feet in width, twenty-five
(25) feet in length, and fourteen (14) feet in height.
General Off-Street Parking and Loading Provisions„
1, Existing off-street parking facilities shall not be eliminated nor reduced
to an amount less than that required for now buildings,
2. 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 ordinance prevent the provision of parking space in excess of the
amounts specified.
3. Whenever any building is increased in size, whether by units or dimensions,
or is moved from one to another lot, the following shall apply:
a. 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 ton percent (10%) of the original gross floor area, in which case no
additional parking facilities shall be required,
b, 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 maintain
off-street parking facilities for said additional units, unless said units
shall constitute less than ten percent (10%) of the original total units,
in which case no additional off-street parking facilities shall be required.,
c, Parking for buildings or structures moved from one lot to another - Any
building or structure which is moved from one lot to another, shall. provide
parking in the amount required by this ordinance for a new building or
structure
4. 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 one-half or over shall require one (1)
parking space.
50 On any lot in any residential and agricultural districts, the off-street
parking space required by thin ordinance shall not be provided in the required
front or side yard area.
6, On any lot in any district other than residential or agricultural, the off-
street parking and loading space required by this ordinance shall not be
provided in the required front or side yard area except as otherwise specified
in this ordinance.
7, In R-5 Districts, each mobile home shall adjoin a private improved drive or
roadway which is at least sixteen (16) feet in width. Access from the public
highway or street on which the site is located shall be limited to two en-
trances, each not to exceed twenty-four (24) feet in width.
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Note 2_: Front Yazd,
A. 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 (10) feet above the established grade - Two (2feet,
2e A terr_ce or uncovered porch with its floor no higher than the ground floor
of t:_'. building and also not more than four (4) feet above the established
grad: - Six (6) feet,
A nailing no higher than three (3) feet may be placed around such terrace or
p
3. A chimney - Eighteen (18) inches,
4. :, water table - Two (2) inches.
(See /ite 5 for fence and hedge restrictions in front yards.)
Nr.e 3: side Yard,
A. The above features listed under paragraphs 1, 3 and 4 of Note 2 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 (2) feet, six (6) inches above estab-
lished grade may extend into the side yard to within two (2) feet, six (6) inches of
the site 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 site lot line.
A railing above the floor level of the terrace or porch shall be permitted as noted
in paragraph 2 of Note 2.
(See Note 5 for fence and hedge regulations in aide yards,)
Note 4: Hear Yard.
A. The following may occupy a rear yard:
1. Fences as described in Note 5.,
2. All features listed in Note 2, above,
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 ton (10) feet of an adjoining
front yard, or within ten 00) feet of any public otreet, provided that any
accessory building constructed in an R-1, R-2, R-3, R-4, R-5, or NS District
with a vehicular entrance from a public street shall be set back a minimum of
twenty (20) feet from such street to provide sufficient space for an automobile
to park between the street andthe garage without obstructing pedestrian traffic
on the sidewalk or proposed sidewalk,
Note 5: Fence and Hedge Regulations.
A. The following regulations shall apply in R-1, R-2, R-3, R-4, R-5 and NS Districts,
except where the requirements' of screening specify otherwise:
1. Except as otherwise stated in paragraph 2 of this note, fences and hedges may
be constructed 'or grown to a height not to exceed three (3) feet, six (6)
inches in a front yard, or the 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 roar yards.
2, On every- lot in an Ft-1., R-2, R-3, R-4, R-5, and }33 District that :but on two
intersecting streets, or abut on a street and an alley that intersect ad-
jacent to said lot, the following regulations shall apply:
a. There shall be no structure constructed or reconstructed, and no obstruction
permitted to grow, other than a post, column or tree not exceeding one (1)
foot square or one (1) foot in diameter, between a height of three (3) feet
• and ten (10) feet above the established grade within the triangular areas
described below:
(1) The triangular area formed by a line twenty (20) 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 (20) foot lines,
(2) The triangular area formed by a line fifteen (15) feet long, along the
street right-of-way :Eine measured from the point of intersection of the
y , said right-of-way, with the alley right-of-way line and a line fifteen (15)
,` j):.. feet long, along the alley right-of-way line measured from the point of
�'Ilk
intersection of the street andalley right-of-way lines and the line connect-
1k1 ing theunconnectod endo of thetwo lines,
. :W1b, On ever; lot r;here the adjoining lot is used for non-residential purposes,
\ a fence not to exceed six. (6) feet may ba constructed along the side of the
Ir Z lot separating a residential lot from the lot being used for non-residential
purposes; provided thatwhen and if said adjoining lot is converted to a roe-
n9 idential use, then said fence shall be altered to conform to the regulations
c -Sj set forth in paragraph 1,
r i
Ndi,16: Height Limitations,
A. All buildings hereafter constructed or structurally altered shall conform to the
height limits as established in the Schedule. The height limit shall not apply to
the following structures: Cupolas, water tanks, church spires, stand pipes, flag poles,
transmission lines, radio and television antennas or towers, and similar structures.
Note 7: Area and Width Requirements for Lots.
All lots shall meet the lot area and width requirements net forth in the Schedule
except as follows:
A. Any parcel of land 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 at the time of passage of this ordinance, then
the fact that this said parcel of land does not meet the area and/or width requirements
as set forth in this ordinance shall not prohibit the property from being utilized for
single-family residential purposes permissible in certain districts, provided that all
other regulations prescribed for thcliistrict by this ordinance shall be complied with.
Note 8: Yard Dimensions.
A. Depth of front verde - If buildings existing at the time of passage of this ord-
inance occupy fifty percent (50%) or more of the frontage in any block, and on one
side of thestreet, then the depth of the front yard required by this ordinance 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 the average depth
of the front yards existing at the time of the passage of this ordinance; provided
that the front yards required on any lot, which lies between and contiguous to two
lots on which are located buildings, need not have a depth greater than thatof one of
the two front yards on such contiguous lots that has the greater depth,
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 (40) feet, then the required side
yard width shall be reduced to three (3) feet.
.
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,are he as spoeified in
the er; iU1e? c:r resit Lha, in R-1 and h-2 l.i:itru(:tS the depth of the .rear yard may be
reduced to not lees than twenty (23) feet in order to permit a building depth of thirty
00) Feet, cnil also e:cert that sn other than the -1 and R=2 Districts the depth of
the rrtar ;arrma
d -- be reduced ha not leas than ten (10) feet in order to permit a building
a -
depth ce thirty (30) feet.,,
N S Districts y The yard requireatbnte for other than residential uses in the N S
District shall confoem t: that required ler residential uses for front and side yards°
Not e 2: i Special P.:op y 1.1�ieF.
The following usoo may bo permitted in the particular district listed below by a
special permit authorized by the Board of Adjustment as established in Section 10 of
this ordinance,
A. R-1 and 1t-2 Districts - Churches may he permitted by a special permit authorized
by the Hoard of Adjustment, provided that prior to the Board's considering an application
for a church, s letter or petition must be submitted to the Beard, signed by 66% of the
property owners within ono hundred (100) feet of the proposed church site,. The percent-
ages shall be based on an area of property lying within one hundred (100) feet of the
proposed church site, not including streets„
B. Other Residential Districts Parking Lets, Hospitals, Schools, Churches, Private
Clubs, not operated for profit, Office of a Professional Person located within hie
home, and other home cccupations engaged in by individuals within their dwellings may
be permitted, provided thatithe requirements of Note 10 of thie section are complied
with and that other conditions are fulfilled as required by the Board of Adjustment:
C, N S Districts, - Retail. Grocery, Drug, and similar stores of a total floor area of
building and accessory buildings ofnot more than Mire then sand (4,000) square feet may
be permitted by a special permit au .horiztd by the Board of Adjustment after a public
hearing, Prior to the Board of Adjustment granting special permit for the above,
they shall make such an investigation as they deem necessary to establish that the
above are necessary for the convenience of the residents in the vicinity of the proposed
grocery, drug, or similar n'.;orc, and mlan not issue euch permit if this is not true,
The burden of proof shall rest upon tho applicant,
The Board of Adjustment shall require all buildings constructed or altered for the
special property uses permitted in an NS District to harmonize with the appearance of
the adjacent residences. The off-street parking and off-street loading requirements
listed in Note 1, paragraphs A and B, shall apply, In addition? required off-street
loading spaces shall be located in one central arca with adequate screening as required
by the Board in order to protect adjoining properties, TheDoard shall not issue any
special property use permit for any new building or enlargement of any existing building
unless all roquiremente of this ordinance are fulfilled, Complete plans showing the
elevation, and location of all buildings, parkingg areas screening, and other facilities
on the let shall be submitted with each application for a special property use permit,
P. Commercial Districts Places of amusement? recreation, garages, and service stations
may be permitted by the Board of Adjustments provided that the requi_•ementdof Note 1 of
this section are complied with and that other conditions arc fulfilled as required by the
Board,
E. #ng District - Gravel yards and pits nay be permitted by a special permit authorized
by the Board of Ad nst:amts, provided that provision for proper screening, control. of
dust, noise? and smoke be complied -with? together with other conditions which may be
required by the Board„
Note 10: Hone Occu2ationa,_
A, Customary? incidental home occupations conducted within a dwelling and not in an
accessory building are permitted in all residential districts other than an R-1 District,
provided:
1, That no retail business of any sort is involved; no stock or trade is kept or
commodities sold, oxcept such as are made on the premises,
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• 2, The.t no peregee pot. i ee en.. _ on the promisee are employed,
3. That no mechanic.!J. equipment is used except such as is permissible for purely
domestic purpose
4, That not more than one-fourth of the floor area of one story of the dwelling
is devoted to such home occupation,
5, That such hone occupations shall not require internal or external alterations,
or involve construction features or use equipment not found customary in
dwol].i.nge,
6, That the entrance to the space devoted to such occupation be from within 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 exceeding one (1) square foot in area and con-
taining the name and occupation only, shall be permitted in connection with
each such home occupation, which sign or device shall be attached to the building
. and not illuminated,
A. Business Sivas,
1, Home Occupation! - In any residential zone other than an R-1, one sign in
connection with a home occupation not to exceed. one (1) square foot in area giving
the name and occupation of thtccupant, Such sign shall be attached to the wall
of the dwelling in which the home occupation is permitted, and not illuminated,
2, Real Estate - In any district, a sign not more than six (6) square feet in area
(one face pertaining to the lease, rental or sale of a building or premises pro-
vided the sign is erected no closer than ten (10) feet to any property line or
flat against a building, and is in evidence no longer than ninety (90) days..
3, Tract Development = In any residential sone, one sign not to exceed one hundred
(100,x' s� quare feet including both faces, to advertise a tract development/at least
three (3) acres in area, Such sign must be located at least twenty (20) feet from
• any property line and'on the property being developed. Any lighting shall be in-
direct and well protected, Such sign shall not be in place more than one (1) year,
4, Bulletin Boards - In any zone where churches are permitted, one announcement
sign or bulletin board not exceeding twenty (20) square feet in area for a church
or other charitable institution. Such sign shalt_ be located five (5) feet from
any property line, and on the VOMC site with the principal building,
5, Name Signs = In the residential districts otherlthan an R-1 or R-2 District,
where multiple dwellings, clubs, lodges, public and semi-public institutions, clinics,
hospitals, sanitariums and professional offices are permitted, each may have one
sign not exceeding fifty (50) square feet or ten percent (10%) 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 Perk - In the R-5 district, one sign not to exceed fifty (50)
square feet identifying any mobile home park, placed no closer than ten (10) feet
from any property line, Any lighting hall be indirect and well protected:
7. Neighborhgod shonping=Centor - In the N S district, one sign not to exceed
fifty (50) square feet in arca including both faces shall be permitted only to
advertise the name of the neighborhood shopping center, Such signs shall be no
closer than twenty (20) feet from any property line„ Any lighting shall be
indirect and well protected:.
8, Shopping, Center - In any cormiercial 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 theshopping center- Such sign shall be permitted only
after the total gross floor area ofthe shopping center has exceeded forty thousand
(40,000) square feet, Such sign shall be no closer than twenty (20) feet from any
property line, Any lighting shall not be intermittent, nor have any moving parts,
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. 9, gra jetting Signs - In the C-1, Ce,2, C-3, M-1; and M-2 districts: projecting
. signs may overha g th:: sidewalk (or proposed' sidewalk whore none exists) as
permitted by the Uniform Sign Code of the City of Auburn,
•
10, The Uniform Sign Code of the Internations Conference of Building Officials is
hereby adopted to supplement Section 7, Note 11 of this ordinance and shall also
serve to regulate the construction of signs in-the City of Auburn; in cases of dis-
agreement or contradiction between the zoning ordinance requirements and the Uniform
Sign Code, the more restrictive ordinance provisions shall prevail,
B, Advertising Sigma„
1., Ground Signs - In the C-2, M-1 and M-2 districts, one sign not to exceed three
hundred (300) square feet including both faces. The total sign area for each lot
shall not exceed three (3) 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 overall
height of the sign.
2, Parking Lot Signe - In the commercial and industrial districts, signs designating
entran ces and exits are permitted provided they do not exceed four (4) square feet
each in area,
C. Non-Conforming Use Signs,
In any zone; a legal non-conforming use may have one sign not to exceed six (6)
square feet, but shall not have any illumination when such non-conforming use is
in any residential zone,
D. Exceptions,
The following signs shall be exempt from the provisions of this Note 11:
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
insignia of any nation or group of nations, or any state, city, or other political
unit, or of any political, educational, charitable, philanthropic, civic, professional,
religious or similar campaign, drive, movement, or event,
Note 12; Location of Accessory Building ,
Accessory buildings such as are ordinarily appurtenant to 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 accessory buildings must be at least five
(5) feet to the rear of the principal building, shall be no higher than one story,
shall not be used for living purposes, shall be included 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 building by a passageway, the wall of the prin-
cipal building connecting where the passage shall be a one-hour fire resistive wall,
Note 11: Industrial Performance Standards.
A. Industrial uses shall be subject to tae following conditions:
1,. In all industrial districts, the noise emaneting from the premises used for
industrial activities shall nae muffled so as to not become objectionable due to
intermittent beat, frequency or shrillness, and where an industrial zone adjoins
a residential district, the noise loudness measured at the boundary line shall not
exceed 40 decibels between the hours of 11:30 ppm, and 6:00 a.m., and 60 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,
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•
_3, ' It grids of fire and :aiety hazards, the storage and handling of inflammable
liquids, liquified. petroleum:) gases and c plos:iv s shall comply with rules and
regulations falling :order the jurisdiction of the City Fire Chief, the laws of the
State er' other local ordinances.
Th shall be no hulk storage of inflammable gas. Enameling and paint spraying
• )erationc shall he permitted when incidental to the principal operation, and
when such operations arc contained within a masonry building of two-hour fire
resistive construction. Palk 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,
t„ Provisions must be made for necessary shielding or other preventive measures
against interferences occasioned by mechanical, electrical andnuclear equipment,
uses, or processes with electrical apparatus in nearby buildings or land uses,
5, The omission 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 industa al
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 #3
M-2 = Heavy Industrial - Ringleman Chart #2
Dust and other typos 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 woight limitations per cubic foot of conveying gas or air measured at
any property linelis prohibited:
M-1 - Light Industrial - 0,2 grain
M-2 - Heavy Industrial - 0,4 grain
7,. Smoke emission rates. 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-1 - Light Industrial - 1 pound per acre
M-2 - Heavy Industrial - 5 pounds per acre
8. Liquid and solid wastes, storage of animal or vegetable waste 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, Open storage, All storage shall be located within an area not closer than twenty
(20) 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 be less than six (6)
feet above the adjoining street level, or by an attractive hedge or board fence at
least six (6) feet high.
In case of the open storage of lumber coal, or other combustible material, a road-
way shall be provided, graded surfaced and maintained from the street to the rear
of theproperty to permit free access of fire trucks at any time.
Section 8: Non-Conforming Builda Viand Use,
A. Continuance of Non-conforming Building,
Any such non-conforming 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,
•
Bo Continuance of Non-conforming Use,
Any such non-conforming use may be continued and maintained, provided there is
no increase or enlargement of the arca, space or volume occupied by or devoted to such
non-conforming use,
• -23-
Co - Change of Use,
Any part of a building, structure or land occupied by a non-conforming 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
a estricted nature, But where the use of a non-conforming building structure, or land
is hereafter changed to a more restricted classification, it shall not thereafter be
Changed to a ue of a lesa restricted classification,
D, Vacancy: Termination of Non-conforming Use,
Any part of a building, structure, or land occupied by a non-conforming use,
which hereafter becomes vacant and remains '.unoccupied for a continuous period of 180
days shall riot thereafter be occupied except by a use which conforms to the use
regulations of the district in which it :i.s located,-
E.
ocated;E, Change of Tenancy or Ownership,
There may be a change of tenancy, ownership or management of an existing non-
conforming use; provided there is no change in the nature or character of such non-
conforming use,
F, Completion of Pending Construction,
The adoption of this ordinance shall not limit the construction of any building for
which a permit had boon obtained prior to its adoption and publication, and upon which
work had been commenced and carried on continuously within 30 days of obtaining such
permit, even though such building does not conform to the provision of this ordinance,
G. Maintenance Permitted,
Except as otherwise provided in this section, a non-conforming building or struc-
ture may be maintained, The maintenance of such buildinglor structure shall include
necessary repairs and incidental alterations, which alterations, however, shall not
extend to the extent or degree of non-conformancy of ouch building or structure to
this ordinance, providing that in a building which is non-conforming as to use ore
regulations, no structural alterations shall be made except those required by law or
ordinance, Provided, further, that the cost of such work shall not exceed 25% of
the assessed valuation of such building or structure at the timeleuch work is done,
The assessed valuation thereof shall be established by the King County Assessor's
Office,
H. Restoration of Damaged Building,
A non-conforming building or structure having been damaged or partially destroyed
by fire, or other(calamity to an extent not exceeding 5C% of its whole valuation,
exclusive of foundations, at that time, may be restored and its immediately 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 non-conforming building or structure is damaged in excess of 50,% of its
full valuation, exclusive of foundatiora, 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 build-
ing and the land on which said building was located or maintained from and after the
date of said destruction or moving be subject to all the regulations specified by this
ordinance for the district in which such land and buildings aro located,
I, Additions, Enlargements, Moving,
19 A building or structure which is non-conforming as to use regulations, shall
not be added to or enlarged in any manner unless such building or structure,
including such additions and enlargements, is made to conform to all regulations
of the district in which it is located,
2, A building or structure, non-conforming 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, ouch addition or en-
largement shall be treated as a separate building or structure in determining
conformity to all of the requirements of this ordinance:.
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•
When P building or etruct_re o :o:; :i} thrcof is moved from one district
to another or to anothetocation 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 non-conforming use of a portion of a building or structure, which building or
structure otherwise conforms to the provisions of this ordinance, shall not be ex-
tended or expanded into any other portion of such conforming building or structure,
nor changed except to a conforming use. If such non-conforming use or portion there-
of is discontinued or changed to a conforming use, any future use of such building,
structure or portion thereof e?:all be in conformity to the regulations of the district
in which such building or structure in located,
K, Non-conforming Use of Land; Continuation of Use.
The non.-conforming use of land (where no building is involved) existing at the
date of this ordinance becomes effective, may be continued provided that:
• 1. No such non-conforming use of land shall in any way be expended or extended
either on the same or adjoining property,
2. If such non-confo: umg 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 ordinance„
3, Any sign, billboard, commercial advertising structure or object which lawfully
existed and was maintained at the time of this ordinance effectuation, may be
continued although such use cions not conform with the provisions of this ordinances
provided that no structural alterations may be made thereto, and provided further,
that all such non-conforming signr., billboards, commercial advertising structures
and objects and their supporting members located in R-1, R-2, R-3, R-4, R-5 and
A-1 districts shall be completely removed from the premises within five years of the
passage of this ordinance,
4. Regardless of any otherroviaion of thin ordinance, every builders supply yard,
fuel yard, contractoroa yard, or lumber yard which after the adoption of this ord-
inance exists as a non-conforming use in any it-1 or R-2 district, shall within
five years after the same revert to a conforming use, be discontinued, removed or
changed to a use permitted in the district. Further, regardlesslf any other provi-
sion of this ordinance, every junk yard, fuel yard, builders supply yard, contrac-
tors yard, or lumber yard which after the adoption of this ordinance, exists as a
non-conforming use in any R-3, R-4, NS, C-1 or C-2 districts shall within three
years after the same 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 (6) feet in height and shall be of a non-glare 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 establishment from the view of pedestrians, and
motorists, passing such establishment on any public street and from view from ad-
jacent land and from buildings lawfully existing in an R-1, R-2, R-3, R-4, NS,
C-1 or C-2 district, Such fence and supplementary landscaping shall at all times
be properly maintained and in full compliance with any condition attached to the
approval thereof by the Board of Adjustment,
L. Compliance with Regulations for Non-Conforming Buildings or Uces.
Whenever the owner shall fail to comply with the provisions of this ordinance re-
lating to the removal or discontinuance of a non-conforming use, the Building Inspector
shall serve notice in writing on such owner or hie agent, requiring him to comply there-
with within a reasonable time after such notice, if after such notice the owner shall
fail to comply therewith, the Building Inspector shall take such action as may be
necessary, including civil action, 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 non-conforming uses existing therein.
•
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•
aARTICLE V. ADMINISTRATION •
Section 2: Bnforcemente
1, Bui'di.ng Lseectnre Tho building inspector as established by the building
ordinance of. the City of Auburn, shall be responsible for enforcing the pro-
visions of this ordinance. The building official and his duly authorized
assistants shall have the right to enter any building or enter upon any land
during the daytime in the course of their duties,
2, Records, The building inspector shall maintain in his office all building
permits issued, applications for building permits, non-conforming 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 said city. The building inspector shall keep a record of each
and every identifiable complaint of a violation of any of the provisions of
this ordinance, the action taken, consequest to any such complaint, which records
shall be open to the public for inspection.
3, Permits Issued Contrary to This Ordinance, Any such building permit, cer-
tificate of occupancy, or other authorization issued, granted, or approved in
violation of the provisions of this ordinance shall be null and void and of no
effect without the necessity of any proceedings for a revocation or nullification
thereof, and any work undertaken or use established pursuant to any such building
permit, certificate of occupancy, or other authorization shall be unlawful, and
no action shall be taken by any Board, officer, or any employee of the city pur-
porting to validate any such violation, except as provided in section 10,
4, Certificate of Occupancy and Non-Conforming Uses. Certificate of occupancy
shall be issued as required by the building code, aid for all non-conforming
uses existing at the time of the adoption of this ordinance. The owners of non-
conforming uses shall apply for a certificate of occupancy within one year of
the date of the adoption of this ordinance.
Non-conforming uses that are not registered with the Building Inspector within
one year of the date of the adoption of this ordinance, that particular non-
conforming use shall become a conforming use,
section 10: Board of Adjustment,
9 1, Membership and compensation, A Board of Adjustment is hereby established,
\3 , The word "Board", when used herein, shall mean the Board of Adjustment, The
' 1 y Board shall consist of members appointed by the City Council, of which one
�iA lm
member shall also be a Councian. Appointments shall be based upon the
- -eiee . recommendations of the Planning Commission, The members of the Board shall
dee serve with no compensation,
df 5=
f �! 2, Appellant. Anyperson or
4 ;I:. ? pp persona, officer, official of any department,
board, or commission of the city, jointly or severally, may constitute the ap--
1 ;2U f pellant,. and may make a request for an adjustment to the Board for relief from
any provision of the zoning ordinance or any determination of the Building In-
specter in the application of the provisions of the zoning ordinance to the
appellants land and buildings. The appellant shall appear at the public hearing
in person, by agent, or by attorney,
3, Petitions. Any person or persons, jointly or severally, and any person,
officer or official of any department, board, or m mmission of the city, may
support or oppose, by petition or letter, the appellants request for adjustment.
The petition, or letter, shall specify the reasons for supporting or opposing
the appellant s request, and shall contain the signature and description of the
land of each property owner signing the petition. The petition or letter shall
be submitted to the Board at the time designated in its roles of procedure,
4, Jurisdiction - Review, The Board shall review any order, requirement, de-
cision, determination or interpretation of the Building Inspector and the appli-
cation of the specific provisions of the zoning ordinance to any parcel of land,
and/or buildings, The Board may a_'firm or revise the order, requirement, decision,
determination or interpretation of the Building Inspector, and its decision
shall be based upon the record and the Boards findings in each case, and to that
end it shall have all the powers of the Building Inspector,
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5. Jurisdiction e Soeciall The Board shall have and exercise
' original jurisdict en in, r cc t-iv ng, g sting, or denying all requests for ad- -
• justment, in which applications for such special property uses provided in
Section 7, Note 9 of this ordinance are made, after public hearing, and a finding
by the Board that the conditions of this ordinance, upon which these special
uses are permitted, have been fulfilled and after the Building Inspector has
found thatjthe provisions of all other ordinances, with which compliance is re-
quired, have been fulfilled,
6, Jurisdiction_- Snecial Exceptions, Where there are practical difficulties
or unnecessary hardships which render it difficult to carry out the provisions
of this ordinance, the Board. shall have the power to authorize adjustments upon
request to grant a special exception in harmony with the general purpose and
intent of the provisions herein. contained, and such special exceptions may
vary and rules, regulations, provisions of the zoning ordinance relating to the
construction or structural changes in, equipment of, and/or alteration of build-
ings, structures, or the use of land: building, or structures, so that the
spirit of this ordinance will be observed; public safety secured; and substantial
justice be done; and shall not vary any of the provisions of this ordinance,
with respect to the use of regulations, unless it shall find that all of the
following conditions exist in each case of the request for an adjustment applying
for a special exception from the decision of the Building Inspector,
a., That the land and buildings in question cannot be reasonably used, and
cannot yield a reasonable return, if used only for the purposes permitted
in accordance with other requirements in the Uze District in which the land
andjbuildings are located;
b. That the plight of the owner is due to unique circumstances, which are
not the general condition of the neighborhood, znd are not the result of
the owner's own actions;
c. That the use requested by the appellant, if established, will not be
of a general classification differing with the eseantial use provisions
of the Use District in which land and/or buildings we located.
7, Board's Findings, The Board's findings shall include a report in which a
comparison is made of the appellant's request for an adjustme t, for a special
exception in harmony with the provisions of the zoning ordinance. and of the
present land utilization pattern within the neighborhood area of 0ti3 appellant's
land; and such report may contain other pertinent information regasea ng any
existing or pre--existing conditions related to topography, geography, ' raffle,
utilities, existing and proposed land utilization, and such conditions t- • forth
by the official map, development plans and comprehensive plans as may add • o the
Board's findings, The Board's findings shall include all of the facts of ti
appellant's request, and such facts which support and oppose the contentions
of the appellant,
B. Time Decision Effective, The decision of the Board shall not become final
until the expiration of five days from the date of entry of such decision unless
the Board shall find that the making of the decision effective mediately is
necessary for the preservation of property ? ' persona'. rights, and shat'
certify en the record of the request. far adjustment; andsuch decision of con-
firming, reversing, or modifying the order requirement, decision, or determina-
tion of the Building Inspector, or his interpretation of the provisions of the
zoning ordinance, shall be effective for a period of one year from date of the
Board's decision. The decision of the Board chall be final„
9. Meetings, Meetings of the Board shall be held at least once each month, and
at such other times as the chairman of theBoard may determine, There shall be
no fixed place of meetings, and all regular Board meetings shall be open to the
public. Three notices of all public hearings of the Board shall be posted within
the vicinity of the land and buildings in question ten (10) days previous to
the public hearing, The Board shall adopt its own rules of procedure and keep
a record of its proceedings, findings, and action in each case, and the vete of
each member on each question considered in the proceedings. The presence of
three member shall be necessary to constitute a quorum,
10, Procedure. Application for special property uses, and requests for adjust-
ments from the ruling of the Building Inspector, concerning the provisions herein
contained, may be made to the Board within such time as shall be prescribed by
the Board. The City Engineer shall be the secretary of the Board and shall re-
ceive all applications for requests for adjustment, requesting review of the
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Building Inspector°a interpretations, for a special property use permit and
for a special exception, and shall maintain and. bedustodian of all records of
the minutes of the meetings, end findings of the Board. All records shall be
open to the public. Copies of the appellaht's notice of request for adjustment
shall be filed with the Building Inspector, Planning Commission, and the Board,
containing the decision of the Building Inspector andthe reasons why the appellant
is aggrieved, specif sing the grounds therefore, and with each applicati on of
request for adjustment filed with the City Engineer, there shall be paid a
fee of ten dollare ($10,00) to cover the city's cost of handling said request
for adjustment; provided however, that the Board may make provision in its
rules of procedure for a lesser fee for minor variations to the zoning ordinance;
provided further, thatsuch fees may be returned or retained by the city after
the hearing in accordance with the Board's descretion. The Building Inspector
shall forthwith transmit to the Board all papers constituting the records upon
which the action and from which the request for adjustment was taken. The Board
shall concur by a two-thirds vote of the quorum, or of the members present at
such meeting, if such number exceeds a quorum, reversing or varying the decision
of the Building Inspector. The Board shall fix a time for the hearing within
20 days of the request for adjustment, give due notice thereof to the parties
and general public, and decide the same within a reasonable time after the hear-
ing. The final disposition by the Board after any request for adjustment, shall
be in the form of a resolution,
11. Stay. A request for adjustment to the Board stays all proceedings in
furtherance of the adoption 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 a 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.
Section 11: Violations and Penalties.
Any person or corporation, whether owner, lessee, principal, agent, employee,
or otherwise, who violates any of the provisions of this ordinance or permits any
such violation or fails to co:aply with any of the requirements therof, or who
erects, constructs, reconstructs, 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 provisions of this ordinance, shall be
guilty of a misdemeanor and upon conviction thereof shall be punishable by a
fine not exceeding three hundred dollars ($300.00) or imprisonment for a period
not to exceed three (3) months, or both. Each week's continued violation shall
constitute a separate additional violation.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or landlis used in
violation of this ordinance, the proper legal authorities of this city, in addition
to other remedies may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration, conversion,
maintenance or use to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land, or to prevent any illegal act,
conduct, business, or use in or about such building, structure or land; and upon
the failure or refusal of the propex{local officer, board or body of the city to
institute any such appropriate action or proceeding for a period of 10 days after
a written request by a resident taxpayerof this city so to proceed, any three
taxpayers of the town residing in the district wherein such violation exists,
who are jointly or severally aggrieved by such violation, may institute such
appropriate action or proceeding in like manner as such local officer, board,
or body of the city is authorized to do.
Upon his becoming aware of any violation of any of the provisions of this
ordinance, the Buildin4nspector shall serve notice of such violation on the person
or corporation committing 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 institute such action as may be necessary to
terminate the violation.
• Sectiee 12, Amendment.
The City Council may amend this ordinance in the manner:specified' by laws
Proceedings for an amendment may he initiated by the adoption of a resolution by
the Planning Commission of a proposal to recommend an amendment. Any person or
persons may suggest by petition or letter a proposed amendment to this ordinance, *
All such petitions or letters shall be directed to the City Council and then re-
ferred to the Planning Commission, The Planning Commission shall file a written re-
port of all such petitions or letters within 60 days of the date they are received
by the Planning Commission,
The Planning Commission shall hold a public hearinglen all resolutions recom-
mending an amendment to this ordinance, notice of such hearing and the proposed
amendment shall be given publication in the official newspaperfoilthe city, at
least 10 days prior to the date of such hearing, If the proposed amendment con-
sists or included a change in any boundary of any district established by this
ordinance, nctice of theproposed. amendment and of the hearings theron shall be
also given at least 10 days prior to the date of thehearing by:
1, Mailing post card notices therof to owners of all land lying within
two hundred (200) feet from the exterior boundaries of the land involved in
said proposed district boundary changes, as the names appear on the latest
County Treasurer°s real estate tax records,
2. Posting notices thereof along every road or street abutting the land
as proposed to be changed.
At least one (1) notice shall be placed for each five (5) acres of land in
the area proposed to be rezoned. Each such notice shall bear the printed
heading "Notice of Proposed Rezoning" in letters at least two (2) inches
high. It shall be the duty of the Planning Commission to see that all
such rezoning signs are removed not later than seven (7) days after the date
of the hearing,
B. 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
Building Inspector shall post the above required notices. After the conclusion
of the aforesaid hearing, the Planning Commission shall submit to the City
Council its recommendation with respect to the proposed amendment. In recom-
mending the adoption, the Planning Commission shall fully state its reasons,
describing any change in conditions that makes the amendment advisable, specifi-
cally setting forth the manner in which said Commission is of the opinion that
the amendment is in harmony with the Comprehensive Plan of Land Use for the city,
( Insert in Sec, 12 - Amendment. "A": * Petitions or letters concerning district
boundary changes shall be signed by a majority of property owners within a 200 ft,
radius of the land involved in said proposed district boundary changes, )
ARTICLE VII, MISCELLANEOUS,
Section 13: Interpretation of the Ordinance,
A, In interpreting and applying the provisions of this ordinance, they shall be
held to be the minimwn requirement for the promotion of the public health, safety,
convenience, comfort and general welfare, andcther purposes as stated in Section 1,
Be It is not the intention of this ordinance to interfere with any more strict
requirements than may be imposed by any city, county, state, or Federal health
officer that has jurisdiction in the city of Auburnp
Section 14: Validity,
Should any section, clause, or provision of this ordinance be declared by the
Courts to be invalid, the same shall not affect the validity of the ordinance as a
whole or any part thereof, other than the part so declared to be invalid.
-29-
Section 15: Iipeals°
That Ordinance Number 1041 and all subsequent amendments of the Ordinances
of the city of Auburn, and that all other Ordinances or parts thereof in conflict
herewith be void and the same are hereby repealed.
Section 16: Short Title,
This Ordinance shall be known as the Comprehensive Zoning Plan of the City of
Auburn°
Section 17: Effective Date
This Ordinance shall take effect and be in force five (5) days from and after
its passage, approval and legal publication.
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