In the zoning districts specified in this article and in article XII of this chapter, the designated buildings and alterations and extensions thereof and buildings accessory thereto and the designated uses of land, of buildings and of parts of land or buildings and the uses accessory thereto are permitted. Except as provided in this article, all other buildings and uses of land or of buildings are hereby expressly prohibited, except those already lawfully existing which by the operation of this provision would hereby become lawfully nonconforming.

(Ord. of 9-21-2009, § 3.1A)

No more than one principal building shall be erected on any lot in residential zoning districts except for:

(1)

Multi-family buildings and/or developments approved under division 9 of article IV of this chapter;

(2)

The addition of an accessory dwelling unit in a zoning district where two-family dwelling units are permitted, and a single-family dwelling currently exists on the lot.

(3)

Four dwelling units may be constructed on vacant lots in the growth area as delineated in the future land use map in the most recent comprehensive plan and must be permissible in compliance with state law and in accordance with sections 60-53 and 60-54. For the purpose of this subsection, a vacant lot upon which a new dwelling unit was permitted in 2024 shall be considered a vacant lot for the purpose of calculating the total number of permissible dwelling units that may be constructed on the lot.

(4)

A lot in the growth area as delineated in the future land use map in the most recent comprehensive plan with an existing dwelling unit may add one attached dwelling unit, one detached dwelling unit, or one of each for a total of three dwelling units and must be permissible in compliance with state law and in accordance with sections 60-53 and 60-54.

(5)

Lots in the designated growth areas that are zoned urban residential, suburban residential, rural residential, and low-density country residential shall contain no more than two dwelling units per building.

The additional one-family detached dwelling unit shall share a driveway curb cut with the pre-existing dwelling unless it is determined that another driveway location could provide safer access than the existing driveway.

(Ord. of 9-21-2009, § 3.1B; Ord. No. 11-03012021, § 1, 3-15-2021; Ord. No. 18-04052021, 5-3-2021; Ord. No. 23-12022024, 1-6-2025)

In all residential, general business and form based code districts, one-family dwellings erected prior to January 1, 1958, may be converted to two-family dwellings provided that:

(1)

Any floor space created by additions to the existing structure after January 1, 1958, shall not be converted to a second dwelling.

(2)

There will not be less than one accessible off-street parking place of 200 square feet in area, exclusive of driveways, per dwelling unit resulting from such conversion.

(3)

Stairways leading to any floor above the first floor will be enclosed within the exterior walls of the dwelling and any fire escapes required will be on the rear or one side of the dwelling and not on any wall facing a street.

(4)

After such conversion, the building converted will retain substantially the appearance and character of a one-family dwelling.

(5)

Single-family dwellings may be converted into two- or multi-family buildings if located in the growth area as delineated in the future land use map of the most recent comprehensive plan and pursuant to sections 60-53 and 60-54.

(6)

Lots in the designated growth areas that are zoned urban residential, suburban residential, rural residential, and low-density country residential shall contain no more than two dwelling units per building.

(Ord. of 9-21-2009, § 3.1C; Ord. No. 04-03072016, 5-16-2016; Ord. No. 23-12022024, 1-6-2025)

When a lot in one ownership lies in more than one jurisdiction, the whole lot shall be considered for density and lot dimension purposes in the same manner as if the entire lot were situated in the city. Any site plan or special exception review of the use or development of the lot in the city, however, shall be limited to that portion that lies within the city's jurisdiction only.

(Ord. of 9-21-2009, § 3.1D)

In determining the minimum area of lot required in any zoning district, any land within the lines of the street upon which such lot abuts shall not be included, even if the fee to such street is in the owner of the lot with the following exception: If a lot at a street corner is bounded in part by a curved exterior street line not more than 80 feet in length connecting other exterior street lines bounding such lot which, if extended, would intersect, the area required in such lot shall be computed as if said line were extended. If such curved line is more than 80 feet in length, the minimum area required in such lot shall be measured and computed entirely within the lines bounding such lot.

(Ord. of 9-21-2009, § 3.1E)

(a)

Abutting undeveloped nonconforming lots under one ownership shall be considered as one lot and shall not again be divided.

(b)

Abutting nonconforming lots under one ownership or joint ownership shall be considered as one lot. Such a lot may be divided provided that:

(1)

One or more of the lots has been developed.

(2)

The lots were purchased by separate deed.

(3)

The lots are divided along the historical lot dimensions.

(4)

All dimensional regulations are maintained.

(c)

An abutting conforming and nonconforming lot under one ownership, or joint ownership shall be considered as one lot. Such a lot may be divided provided that:

(1)

The lots are divided along the historical lot dimensions.

(2)

The conforming lot is not reduced in any manner that violates any provision of this chapter.

(3)

All dimensional regulations are maintained.

(Ord. of 9-21-2009, § 3.1F)

The lot area (except as otherwise may be required), lot width and lot depth requirements of this chapter shall not apply to any lot which was lawfully laid out in conformance with zoning regulations in effect at the time of lot creation and duly recorded by plan or deed.

(Ord. of 9-21-2009, § 3.1G)

No lot (except as allowed by the planning board at the time of final approval of a subdivision or development plan) shall be reduced, subdivided, conveyed, divided or otherwise transferred that violates, or creates a lot that violates, any minimum or maximum dimensional regulation of this chapter. No building permit or other municipal permit or license shall be issued to any of the land so transferred or to the land retained until all of such land or lots are in conformance with all dimensional regulations. If a serious health or safety issue with the property should arise, the director of planning and permitting services shall determine if a permit should be issued to correct the problem. This provision shall not allow further nonconformity to occur in order to achieve the corrective action necessary. Any land taken by eminent domain or conveyed for a public purpose shall not be deemed in violation of this provision. Any setback or lot that is reduced below the minimum or extended beyond the dimensional requirements as a result of land taken by eminent domain or conveyed for a public purpose shall not be deemed nonconforming. Setbacks for the enlargement of any existing building located on such a lot shall be referenced to the property line as it was located prior to the eminent domain action or the conveyance for a public purpose.

(Ord. of 9-21-2009, § 3.1H; Ord. No. 04-03072016, 5-16-2016)

Where used in this article, the term "lot" means "lot of record" as defined in sections 60-1 and 60-2.

(Ord. of 9-21-2009, § 3.1I)

The minimum lot sizes specified in this chapter for residential districts are for lots having sanitary sewer service. No unsewered lots having an area less than 20,000 square feet shall be developed for residential dwelling purposes. This regulation does not reduce lot size requirements in residential districts having larger minimum lot sizes.

(Ord. of 9-21-2009, § 3.1J)

(a)

Accessory buildings of 120 square feet and ten feet or less in height will have a zero rear and side setback. The front yard setback shall be maintained.

(b)

Accessory buildings greater than 120 square feet shall have rear and side yard setbacks that are 50 percent of the requirement for principal buildings, except that in no case shall the setbacks be reduced to less than five feet. The front yard setback shall be maintained.

(c)

A deck that is no greater than 30 inches high shall be allowed a zero rear and side setback provided that the deck is no closer than 15 feet to a neighboring principal building. All decks that are higher than 30 inches shall meet the requirements of subsection (b) of this section.

(d)

A deck that attaches a principal building to an accessory building shall be allowed and shall not be deemed to cause the accessory building to be nonconforming. Such decks shall meet all other requirements as found in this section.

(e)

The maximum first floor space of accessory buildings on lots under two acres is 1,000 square feet. On lots of over two acres, there is no maximum size.

(Ord. of 9-21-2009, § 3.1K; Ord. No. 30-01182011-02, 1-18-2011)

In any case where there is a conflict with another ordinance the more stringent standard shall apply.

(Ord. of 9-21-2009, § 3.1L)

(a)

Projects requiring site plan review shall be reviewed by the planning board in accordance with divisions 2 and 3 of article XVI of this chapter and according to the standards and criteria contained therein. No project requiring site plan review shall be expanded, extended or enlarged so as to occupy additional land area greater than ten percent of the original area or one-half acre, whichever is less; or by the construction of a structure or an addition to an existing structure by more than ten percent of additional floor space unless approval has been secured from the planning board in the manner provided in this section. A reduction in the scope of the project, except for land area, does not have to be reviewed by the planning board provided that an amended plan is submitted to the planning department to determine that all other land use provisions are satisfied.

(b)

The expansion, extension or enlargement of uses or buildings which are less than described subsection (a) of this section, shall be reviewed and approved by the planning department using the criteria of divisions 2 and 3 of article XVI of this chapter.

(c)

If an applicant disagrees with the review of the planning department, the planning board upon the written request of the applicant, shall conduct an administrative review of the planning staff's decision.

(d)

Permitted uses subject to special exception review pursuant to sections 60-499(b)(17), 60-525(b)(14), and 60-578(b)(35). which are to be located in a commercial or industrial subdivision which has been duly approved by the city planning board shall not be required to be reviewed and approved by the planning board in accordance with division 3 of article XVI of this chapter unless, in the determination of the municipal officer charged with enforcement, the project contains elements that deserve a full review by the planning board. In making such a determination, the municipal officer shall take into account the planning board's initial review of the subdivision, including but not limited to such issues as traffic, drainage, infrastructure improvements, availability of water and sewer, fire protection and the impact on the environment.

(e)

The permitted uses which have been exempted from special exception review and located in duly approved commercial or industrial subdivisions shall be processed by administrative review by the planning department in accordance with division 3 of article XVI of this chapter. Such uses shall also be subject to all city ordinances as would be required for review of special exceptions.

(f)

The planning board shall be notified of all action taken, or approvals granted, by the municipal officer pursuant to this section.

(g)

The city finds that a major retail development can have a significant impact on the immediate and surrounding areas and accordingly requires a determination by the city planning board of consistency with the adopted comprehensive plan in addition to the review and approval process of site plan/special exception review and other state and/or municipal permitting. A request for a determination of consistency shall be submitted to the department of planning and code enforcement a minimum of 15 days prior to this item being placed on the planning board agenda for action. Action on the request for a determination of consistency shall be made a minimum of one regularly scheduled meeting prior to the planning board meeting at which the project is to be reviewed. Notice for the consideration of a request for a determination of consistency shall conform to the requirements found in section 60-1474. and must state that the determination of consistency is being sought for a major retail development.

(Ord. of 9-21-2009, § 3.1M; Ord. No. 11-03012021, § 2, 3-15-2021)

The establishment of a home occupation shall be permitted in all residential zoning districts provided the use is consistent with the definition of home occupation and approval is secured form the department of community development and planning in accordance with article IX of this chapter.

(Ord. of 9-21-2009, § 3.1N)

There shall be a front yard along the street line as provided for under yard requirements, front in the district where located. All other yards shall be considered as side yards and measured as provided for under yard requirements, side in the district where located. On corner lots within the form based code districts, there shall be a primary street front yard and a secondary street front yard with minimum and maximum building setback requirements. The yard opposite from the primary street shall be considered the rear yard while the yard opposite the secondary street shall be considered the side yard.

(Ord. of 9-21-2009, § 3.1O; Ord. No. 04-03072016, 5-16-2016; Ord. No. 11-03012021, § 57, 3-15-2021)

The use of property by a public utility for the transmission of water, electricity, telephone or gas by pipes, poles, wires, lines, conduits, cables or other devices is permitted in all zoning districts.

(Ord. of 9-21-2009, § 3.1P)

Railroad tracks, spurs, yards, crossings and structures existing as of the date of the enactment of this provision are permitted. The expansion, extension or enlargement of these facilities and the introduction of new facilities shall be reviewed and approved by the planning board in accordance with division 2 of article XVI of the chapter and according to the standards and criteria contained therein. Railroads shall be allowed in all zoning districts.

(Ord. of 9-21-2009, § 3.1Q)

Accessways over land zoned residential to parcels of land situated in commercial or industrial districts shall be allowed upon approval of a site plan reviewed by the planning department in accordance with division 2 of article XVI of the chapter and further provided that:

(1)

Access to a public street that does not require using land zoned as residential is reasonably available. Such access shall be used.

(2)

The accessway and the building shall be screened from adjacent residential lots or uses as provided for by section 60-579(3)g.

(3)

The street onto which access will be gained is adequate to carry the projected volumes of traffic. This shall be determined by a traffic study as provided for by chapter 52, pertaining to traffic and vehicles.

(4)

Accessways shall be designed in accordance with the standards for industrial/commercial streets as provided for by chapter 52, pertaining to traffic and vehicles.

(5)

Title to the land used for access will be retained by the owner of the land zoned for commercial or industrial use to which access is provided.

(Ord. of 9-21-2009, § 3.1R)

The use of property for a mass gathering as defined and regulated by article IX of chapter 14 is permitted in all zoning districts.

(Ord. of 9-21-2009, § 3.1S; Ord. No. 11-03012021, § 3, 3-15-2021)

Adult day care centers and child day care centers proposed to be operated in a church, school or municipally owned building or recreation facility shall not be required to be reviewed and approved by the city planning board as a special exception. Such uses shall be processed by administrative review by the planning department in accordance with division 3 of article XVI of this chapter. The planning board shall be notified of any project approved by the planning department.

(Ord. of 9-21-2009, § 3.1T)

Additional dwelling units must be permissible on certain parcels in the City of Auburn pursuant to section 60-34. This table specifies the additional lot area needed for additional units in each zoning district as well as permissible accessory dwelling units. Setback standards shall not be reduced to allow for additional dwelling units and shall not be increased for subsequent dwelling units. Additional dwelling units allowed under this section are prohibited in the Lake Auburn Watershed Overlay District where the underlying zoning district is agriculture and resource protection. Additional dwelling units allowed under this section are subject to more stringent lot size requirements per unit if located in the Taylor Pond Watershed.

* Does not apply if within the Lake Auburn Watershed Overlay District.

(Ord. No. 23-12022024, 1-6-2025)

For an affordable housing development, a density bonus of two and one-half times the maximum number of dwelling units permitted in the underlying zone shall be permitted where water and sewer service are available, and the development is in the growth area as delineated in the future land use map in Auburn's latest comprehensive plan. Off-street parking requirements may not exceed two spaces for every three units.

(Ord. No. 23-12022024, 1-6-2025)