Chapter 18.02
GENERAL PROVISIONS
Sections:
18.02.010 Short title.
18.02.020 Authority to adopt code.
18.02.030 Purpose.
18.02.040 Applicability.
18.02.050 Minimum requirements.
18.02.060 Rules for administrative interpretations.
18.02.065 Methods of calculating density.
18.02.070 Establishment of zones.
18.02.080 Zoning map.
18.02.090 Zone boundary interpretation.
18.02.100 Zoning for annexed land.
18.02.110 Zoning for property influenced by Auburn Municipal Airport.
18.02.120 Permitted land uses established.
18.02.130 Neighborhood review meeting.
18.02.010 Short title.
This title shall be known as “the comprehensive zoning ordinance” of the city, which shall constitute Title 18 of the Auburn City Code and shall hereafter be referred to as “this title.” (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987.)
18.02.020 Authority to adopt code.
The city of Auburn comprehensive zoning ordinance is adopted by city of Auburn ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution, the State Growth Management Act, RCW Title 35A, Optional Municipal Code, and Chapter 36.70B RCW. (Ord. 6245 § 2, 2009.)
18.02.030 Purpose.
A. The purpose of this title is to implement the city’s comprehensive plan. This title will be used to further the growth and development of the city consistent with the adopted comprehensive plan and its implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city’s population and to prevent and abate public nuisances.
B. The specific zones and regulations set out in this title are designed to:
1. Provide adequate public facilities and services, including utilities, roads, schools, and parks in conjunction with development;
2. Provide housing with essential light, air, privacy, and open space;
3. Facilitate the safe and efficient movement of traffic on the city’s streets;
4. Stabilize and enhance property values;
5. Facilitate adequate provisions for doing public and private business and thereby safeguard the community’s economic structure upon which the prosperity and welfare of all depends; and
6. Through such achievements, help ensure the safety and security of home life, foster good citizenship, and create and preserve a more healthful, serviceable and attractive municipality and environment in which to live.
C. To most effectively accomplish these purposes, this title divides the city into zones wherein the location, height and use of buildings, the use of land, the size of setback areas and other open space, and the provision of off-street parking and loading are regulated and restricted in accordance with the comprehensive plan for the city. These zones and regulations are deemed necessary and are made with reasonable consideration, among other things, as to the character of each zone and its particular suitability for specific uses, the need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriate use of land throughout the city and to prevent and abate public nuisances. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.020.)
18.02.040 Applicability.
A. The provisions of this title shall apply to both public and private use of land within the corporate limits of the city.
B. Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of this title, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than the uses listed as being permitted in the zone in which such building, land, or premises is located.
C. Any building, structure or use lawfully existing at the time of passage of this title, although not in compliance herewith, may continue as provided in Chapter 18.54 ACC.
D. No division of land shall occur unless in compliance with the provisions of this title and ACC Title 17, Land Adjustments and Divisions.
E. This title is not intended to regulate the erection, construction, or reconstruction of public streets, power poles, street lights, utility facilities, utility conveyance or storage systems, transmission lines, or other public uses necessary to support the general public welfare, carried on by the city, or agents of the city working under the appropriate contract or franchise. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.030.)
18.02.050 Minimum requirements.
A. In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purpose of this title.
B. It is not the intent of this title to interfere with, abrogate or annul any easements, covenants or other agreements between private parties. However, where this title imposes a greater restriction upon the use of land and/or buildings or in general requires higher standards than other ordinances, rules, or private agreements, the provisions of this title shall govern. (Ord. 6245 § 2, 2009.)
18.02.060 Rules for administrative interpretations.
A. The planning director shall be authorized to interpret the meaning of words, phrases and sentences which relate to the determining of uses permitted in the various zones, approval or disapproval of development plans, or other related zoning actions. Any interpretations regarding implementation of this title shall be made in accordance with the intent or purpose statement of the specific regulation and the comprehensive plan. Life, safety and public health regulations are assumed to prevail over all other regulations.
B. The planning director may authorize uses in a zone other than those which are listed, if the planning director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone. Further guidance on administrative interpretations of land uses can be found in ACC 18.02.120.
C. Administrative interpretations may be appealed to the hearing examiner as prescribed in Chapter 18.70 ACC.
D. Administrative interpretations made by the planning director shall be documented, made available for public review, and docketed for inclusion to this title, when consistent with the title format and level of detail required. The city shall incorporate administrative interpretations upon approval of the legislative authority. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987. Formerly 18.02.040.)
18.02.065 Methods of calculating density.
The permitted number of dwelling units or lots shall be determined as follows:
A. Net Site Area. The area of a site used to calculate the allowed number of dwelling units or lots shall exclude those areas designated for public rights-of-way, except for the designation of additional right-of-way along arterials, private streets, vehicle access easements, and on-site public or homeowners’ association-maintained recreation space if required.
Further, the net site area shall be subject to the following adjustments and limitations for critical areas:
1. Net site areas shall exclude streams, wetlands, fish and wildlife habitat areas, and high landslide hazards; and
2. Net site area shall include any required critical area buffer, seismic hazards, and flood hazard areas when calculating base density, unless critical areas identified in subsection (A)(1) of this section are present; provided, that net site area shall not include required critical area buffers when calculating minimum density. The allowed number of dwelling units or lots for a site shall be computed by multiplying the net site area of the lot as calculated in this section by the applicable residential base density number found in the development standards for each zone.
B. “Base density” refers to the maximum number of dwelling units or lots allowed for a specific zone without application of the bonus density provisions of Chapter 18.25 or 18.49 ACC, expressed as units per net acre. Base densities for residential zones are specified in ACC 18.07.030.
C. “Base units” refers to the number of allowable dwelling units for a site, as determined by multiplying the base density of the zone in which the site is located by the net site area.
For example, the R-5 zone has a base density of five units per acre; therefore, the maximum number of base units allowed on a lot with 0.6 acres of net site area in the R-5 zone is three units.
D. Bonus density, where applicable, shall be computed by adding the bonus units authorized by Chapter 18.25 or 18.49 ACC to the base units computed under this section.
E. When calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
1. Fractions of 0.50 or above shall be rounded up; and
2. Fractions below 0.50 shall be rounded down. (Ord. 6245 § 2, 2009.)
18.02.070 Establishment of zones.
A. The city is divided into the following classes of zones:
1. RC, residential conservancy zone (one dwelling unit per four acres);
2. R-1, residential zone (one dwelling unit per acre);
3. R-5, residential zone (five dwelling units per acre);
4. R-7, residential zone (seven dwelling units per acre);
5. R-10, residential zone (10 dwelling units per acre);
6. R-16, residential zone (16 dwelling units per acre);
7. R-20, residential zone (20 dwelling units per acre);
8. RMHC, manufactured/mobile home community zone;
9. RO, residential office zone and RO-H, residential office-hospital zone;
10. C-N, neighborhood shopping zone;
11. C-1, light commercial zone;
12. C-2, central business zone;
13. C-3, heavy commercial zone;
14. M-1, light industrial zone;
15. M-2, heavy industrial zone;
16. BP, business park zone;
17. LF, airport landing field zone;
18. P-1, public use zone;
19. UNC, unclassified use zone;
20. I, institutional use zone;
21. EP, environmental park zone;
22. DUC, downtown urban center zone.
B. The zones set out in subsection A of this section are established as the designations, locations, and boundaries thereof as set forth and indicated on the zoning map.
C. The intent statement for each zone set forth in this title shall be used to guide the application of the zones to all lands in the city of Auburn. The intent statements shall guide interpretation and application of land use regulations within the zones, and any change to the range of allowed uses within each zone through amendment to this title. (Ord. 6245 § 2, 2009.)
18.02.080 Zoning map.
A. “Zoning map,” as used in this title, is that certain map, three copies of which are on file in the office of the city clerk, labeled “Comprehensive Zoning Map of the City of Auburn, Washington,” dated June 1, 1987, and adopted by Ordinance No. 4230 and signed by the mayor and city clerk, along with all amendments thereto. Two types of amendments to the zoning map may occur. The map may be either amended on an areawide basis initiated by the planning commission, city council, or planning and development committee of the city council, or a specific parcel amended by the rezone process as outlined in Chapter 18.68 ACC.
B. Current copies of the zoning map are available for examination and/or purchase at the planning and development department. The zoning map is adopted and made a part of the comprehensive zoning ordinance, with the most current amended copy as being the official zoning map. (Ord. 6287 § 2, 2010; Ord. 6245 § 2, 2009.)
18.02.090 Zone boundary interpretation.
Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply:
A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such lines;
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
C. Boundaries indicated as approximately following city limits shall be construed as following city limits;
D. Boundaries indicated as following railroad lines shall be construed as to be midway between the main tracks;
E. Boundaries indicated as parallel to or extensions of features indicated in subsections A through D of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
F. Where physical or cultural features existing on the ground are at a variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through E of this section, the planning director shall interpret the zone boundaries;
G. When the city vacates a street or alley, the vacated property will be zoned consistent with the adjacent property it is being vacated to. (Ord. 6245 § 2, 2009.)
18.02.100 Zoning for annexed land.
Prior to any parcel of land being annexed to the city, the property may be zoned consistent with the rezone requirements of this title and the comprehensive plan may be amended if necessary.
Application for the rezone and any necessary amendment may be done simultaneously with the request for annexation.
For property that is not assigned a zone classification by the city of Auburn at annexation, the property shall assume the UNC unclassified use designation upon annexation.
In such case, the planning director shall initiate an application to rezone from the UNC unclassified use designation to a zone compatible with the comprehensive plan within six months of the date of annexation. (Ord. 6245 § 2, 2009; Ord. 5354 § 2, 2000; Ord. 5026 § 1, 1997; Ord. 4229 § 2, 1987. Formerly 18.02.050.)
18.02.110 Zoning for property influenced by Auburn Municipal Airport.
Refer to Chapter 18.38 ACC to determine if property will be required to comply with additional regulations that are associated with the airport. (Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997. Formerly 18.02.060.)
18.02.120 Permitted land uses established.
A. Categories of Uses Established. Chapters 18.07 through 18.44 ACC establish permitted, administrative, conditional, and prohibited uses, by zone, for all properties within the Auburn city limits. All principal uses in a given zone are one of four types:
1. Permitted use (see ACC 18.04.696);
2. Administrative use (see ACC 18.04.025);
3. Conditional use (see ACC 18.04.260);
4. Prohibited use (see ACC 18.04.752).
Uses which are incidental and customary to a principal use may be considered an accessory use as defined in ACC 18.04.020.
Uses not specifically identified as principal uses or determined to be an accessory use shall be classified utilizing the procedures outlined in subsection (C)(6) of this section.
B. Zoning Use Tables Established for Residential Zones. The zone use tables in ACC 18.07.020 and 18.09.020 establish whether a specific use is permitted in a zone and whether the use is allowed as a permitted, administrative, conditional, or prohibited use. The zone is located on the horizontal row and the specific use is located on the vertical column of these tables.
C. Interpretation of Zone Use Tables.
1. Legend. The following letters have the following meanings when they appear in the box at the intersection of the column and the row on the zone use tables:
|
Symbol |
Description |
|
P |
Permitted Use |
|
A |
Administrative Use |
|
C |
Conditional Use |
|
X |
Prohibited Use |
2. Other Requirements Applicable. The above uses are subject to the other application requirements, citywide property development standards, and applicable overlay district regulations specified in the zoning code, the project review procedures specified in ACC Title 14, the building and construction standards of ACC Title 15, the environmental review procedures and regulations specified in ACC Title 16, and the regulations for the division of land in ACC Title 17.
3. Additional Use-Related Conditions. If a number also appears at the intersection of the column and the row, the use is also subject to the additional requirements as listed in the corresponding endnote immediately following the use table in the specified code chapter. All applicable requirements shall govern a use whether specifically identified in the zone chapter or not.
4. Accessory Use Interpretation. The planning director or designee may determine if a use that is not specifically described as accessory is permitted as an accessory to a principal use in a zone. Upon inquiry by an applicant, an administrative interpretation shall be made by the planning director or designee to determine if a proposed use is allowed as an accessory use within the zone utilizing the purpose and intent of the zone, comprehensive plan policy guidance, and the definition of accessory use contained in Chapter 18.04 ACC.
5. Prohibited Uses. If an “X” appears in the box at the intersection of the column and the row, the use is prohibited in that zone. Similarly, if a use is listed in one zone use table but not another zone use table, it shall be considered prohibited in the zone use table in which it is not listed. For example, a use listed in the industrial zone use table of Chapter 18.16 ACC, but not listed in the residential zone use table of Chapter 18.07 ACC, shall be considered prohibited in the residential zones listed in Chapter 18.07 ACC even though the land use does not appear with an “X” in the use table.
6. Unclassified Uses. Upon inquiry by an applicant, an administrative interpretation shall be made by the planning director or designee to determine if a proposed use not specifically listed in any zone use table is allowed within a specific zone utilizing the criteria in this subsection. Should an interpretation be made that a proposed, unlisted use not be allowed in a specific zone, the planning director or designee shall indicate which zones, if any, do permit the use.
a. Criteria for Unclassified Uses. In order to make a determination that an unclassified use is permitted, administratively permitted, conditionally permitted, or accessory, the planning director or designee must find that the use is:
i. In keeping with the intent of the zone, and consistent with Auburn comprehensive plan policies; and
ii. Similar in nature to, and no more intense than, specifically listed permitted, conditional or accessory uses; and
iii. Consistent with subsection (C)(4) of this section, if determined to be permissible as an accessory use. (Ord. 6269 § 1, 2009; Ord. 6245 § 2, 2009.)
18.02.130 Neighborhood review meeting.
A. Purpose. The purpose of the neighborhood review meeting is for a developer/applicant of a proposed project to hold a meeting with surrounding and adjacent neighboring residents, property owners, homeowners’ associations, residents and businesses (hereinafter collectively referred to as “neighbors”) prior to submitting an application to the city. The neighbors would have an early opportunity to become familiar with either a residential subdivision, multifamily or mixed development proposal of a certain size and scale early in the development review process and to identify any associated issues. The neighborhood review meeting is intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The city expects an applicant to take into consideration the reasonable concerns and recommendations of the neighbors and other interested persons when preparing an application.
B. Applicability. A neighborhood review meeting shall be required for the following types of new land use application in any applicable zoning district within the city:
1. A residential subdivision project comprising 40 or more lots or units; or
2. A multifamily residential project comprising 40 or more units; or
3. A mixed-use development project comprising 40 or more units.
C. Time Frames.
1. Prior to submittal of an application, an applicant shall provide an opportunity to meet with neighboring residents, property owners, homeowners’ associations, residents and businesses (hereinafter collectively referred to as “neighbors”) within the city-specified notice radius to review the proposal.
2. The applicant shall not be required to hold more than one neighborhood review meeting.
D. Procedures.
1. The applicant shall select the meeting time and place. The starting time selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall not occur on a federally recognized holiday. The meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act. The public meeting shall be held within the Auburn city limits, at a location no further than two miles from the project site, unless an alternate meeting location is approved by the planning director. A sign at least 22 inches by 28 inches in size with minimum two-inch lettering shall be placed at the main entrance of the building where the meeting will take place at least one hour prior to the meeting. Such sign will announce the meeting purpose, that the meeting is open to the public and that interested persons are invited to attend. This sign shall be removed upon conclusion of the meeting by the applicant.
2. The applicant shall send by regular mail a written notice announcing the neighborhood review meeting to the director of the city of Auburn planning and development department and property owners within 300 feet of the property(ies) involved in the development review application. The notice shall include the date, time and location of the meeting and briefly discuss the nature and location of the proposal. The notice shall be mailed not less than 20 calendar days prior to the meeting date. The mailing list shall be obtained by the applicant and based on the most recent property tax assessment rolls of the King County department of assessments or the Pierce County assessor-treasurer’s office, whichever is applicable.
3. Not less than 20 calendar days prior to the neighborhood review meeting, the applicant shall post a notice on the property which is the subject of the proposed application. The notice shall be posted at the property in a visible and accessible location. The notice shall state that the site may be subject to a proposed development and shall set forth the name of the applicant and a telephone number where the applicant or applicant’s contact person can be reached for additional information. The site shall remain posted until the conclusion of the neighborhood review meeting. The city will not be responsible for posting of any signs.
4. The sign at the building entrance under subsection (D)(1) of this section, the notices sent by mail under subsection (D)(2) of this section and the site posting under subsection (D)(3) of this section shall each contain the following statement:
The intent of this meeting is to facilitate an early informal discussion between the project developer and the neighbors regarding the project. While required by the City of Auburn, this meeting is not conducted by the City of Auburn and is in addition to any future hearings or public comment opportunities available under city development review processes.
5. At the neighborhood review meeting, the applicant shall describe the proposed application to persons in attendance. The attendees may identify any issues that they believe should be addressed in the application and recommend that those issues be submitted for city consideration and analysis.
6. The applicant shall prepare and make available the following materials for review and discussion at the public meeting:
a. Total number of dwelling units/lots expected to be built;
b. Conceptual site plan/plat layout showing buildings, road layout, landscape, parking, topography and open space areas, and adjacent properties; and
c. Aerial photograph showing the subject property and adjacent properties.
7. At the neighborhood review meeting, a sign-in sheet shall be distributed to all meeting attendees that specifies the date, time and location of the neighborhood review meeting and asks for the name, address, phone number and electronic mail address of each meeting attendee.
8. At the neighborhood review meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the city.
E. Submittal Requirements. The applicant shall submit the following information with the submittal of a development application:
1. A copy of the notice provided to surrounding property owners within 300 feet of the proposed development site.
2. A copy of the mailing list used to send out meeting notices.
3. A written statement containing the information posted on the property.
4. An affidavit of mailing and posting notices.
5. A copy of the meeting sign-in sheet.
6. Copies of written materials and eight-and-one-half-inch by 11-inch size plans presented at the neighborhood review meeting.
7. Notes of the meeting including a summary of oral and written comments received.
8. If responses to the meeting notice were not received by the applicant and no one attended the neighborhood review meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both.
F. Notice.
1. All property owners who receive notice of the neighborhood review meeting shall be eligible to receive a copy of the written city decision for the development proposal.
2. All neighbors receiving notice of or attending the neighborhood review meeting shall be eligible to receive a copy of the written city decision for the development proposal through a request made to the city.
G. Consideration. The city shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the neighborhood review meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The city, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate design or project review decision-making authority to the participants in the public meeting.
H. City Involvement. The neighborhood review meeting is intended to be a developer-neighborhood interaction. City staff are not required to attend and/or participate in neighborhood review meetings. There will be other official opportunities for residents and neighbors to make comment during the development review process that would follow the neighborhood review meeting. The director of the planning and development department or designee shall be notified a minimum of seven calendar days prior to the scheduled date of the neighborhood review meeting. Any city staff attendance at a neighborhood review meeting is for informational purposes only, does not represent the city’s position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future. (Ord. 6287 § 2, 2010; Ord. 6245 § 2, 2009.)