A. 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 in accordance with ACC 1.04.060.

B. Notwithstanding any provisions otherwise, this title does not permit or allow any action, use or conduct which is in violation of or prohibited by any state or federal laws, regulations or codes. Any action, use or conduct which is prohibited by state or federal law is prohibited hereby. It is provided, however, that the provisions of this subsection B do not apply to any person or persons who has/have a valid, lawful license issued by the state of Washington to produce, process or sell marijuana, marijuana concentrates, usable marijuana and/or marijuana-infused products and is acting in full conformity with the requirements of the state of Washington related to such license pursuant to RCW 69.50.301 through 69.50.369, and WAC 314-55-005 through 314-55-540. In such instances, the state of Washington, not the city, is the permitting and licensing entity. It is provided, however, that this provision does not preclude the city from taking enforcement action in instances where conduct or activity that is licensed or permitted under RCW 69.50.301 through 69.50.369 and WAC 314-55-005 through 314-55-540 occurs within the city of Auburn but is not in compliance with or violates the requirements of such state licensing or permitting. For the purposes of this section only, the provisions of RCW 69.50.325 through 69.50.369 and WAC 314-55-515 through 314-55-535 are hereby adopted by reference and incorporated herein. (Ord. 6525 § 5, 2014; Ord. 6416 § 4, 2012; Ord. 6245 § 2, 2009.)

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:

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.)

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 public ways as defined in ACC 20.02.020. (Ord. 6799 § 3 (Exh. C), 2020; Ord. 6245 § 2, 2009; Ord. 5026 § 1, 1997; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987. Formerly 18.02.030.)

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.)

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.)

A. Gross Site Area. The gross site area shall be used to calculate both the minimum and maximum number of allowed dwelling units or lots.

B. The minimum density requirements shall not apply to short plats that are processed under Chapter 17.09 ACC.

C. Bonus density, where applicable, shall be computed by adding the bonus units authorized by Chapter 18.25 ACC to the base units computed under this section. (Ord. 6959 § 1 (Exh. A), 2024; Ord. 6661 § 1, 2018; Ord. 6245 § 2, 2009.)

A. Applicability. The standards in this section apply to all residential uses in residential and mixed-use zones.

B. Units. For the purposes of this section, “units” refer to dwelling units, including accessory dwelling units (ADUs).

C. Base Units Allowed Per Lot. All lots in residential zones greater than 1,000 square feet in area may be developed with up to the number of units shown in ACC 18.07.030(D)(1) when in compliance with all other relevant standards of this chapter and Chapter 18.25 ACC. Example: If four units are the base units on a given lot, and a fourplex has been developed, no ADUs may be added.

D. Middle Housing Base Units per Lot Allowed With Transit or Affordability Bonus. Unit bonuses specific to middle housing are required to comply with RCW 36.70A.635.

E. Lot Area per Unit Above Base Allowance. Additional units beyond what is allowed under ACC 18.25.040(A) are allowed based on lot area above the minimum lot size threshold. One additional unit is allowed above the base for each interval of the value shown in ACC 18.07.030(D)(3) up to the maximum number of units per lot (ACC 18.07.030(D)(4)), except for courtyard housing. For example: a lot with an area of 5,650 square feet in the R-2 zone may have one additional unit above the base of four because it is 1,250 square feet larger than the minimum lot size.

F. Maximum Units per Lot.

G. Density Bonus for Sites Owned by Religious Organizations. Real property owned or controlled by religious organizations may qualify for a 50 percent density bonus for housing units when developing single-family residences or apartment buildings; provided, that:

H. Density Bonus for Existing Commercial, Mixed-Use, and Apartment Buildings. Existing commercial, mixed-use, and apartment buildings may qualify for a density bonus of up to 50 percent when adding housing units; provided, that:

1. The additional housing units are located entirely within the existing building envelope, and generally applicable health and safety standards, including but not limited to building code standards and fire and life safety standards, can be met within the building;

2. The existing parking is not reduced through the addition of new housing units;

3. The existing building is located within one of the following zones that allows for mixed-use development: R-3, R-4, R-NM, R-F, C-2, C-AG, and M-1;

4. The addition of dwelling units complies with mixed-use and apartment development design standards when located along multimodal transportation corridors;

5. The building received a final certificate of occupancy three years prior to the permit application to add housing units;

6. The proposal is consistent with the development standards of the underlying zone;

7. The proposal is allowed the following exemptions:

A. The city is divided into the following classes of zones:

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. 6959 § 1 (Exh. A), 2024; Ord. 6885 § 1 (Exh. A), 2022; Ord. 6677 § 1, 2018; Ord. 6245 § 2, 2009.)

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. The types of zoning map amendments are listed in ACC 18.68.030(A).

B. Current copies of the zoning map are available for examination and/or purchase at the community development department. The zoning map is adopted and made a part of the comprehensive zoning ordinance, with the most current amended copy serving as the official zoning map. (Ord. 6779 § 2, 2020; Ord. 6287 § 2, 2010; Ord. 6245 § 2, 2009.)

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.)

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:

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.

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:

C. Time Frames.

D. Procedures.

E. Submittal Requirements. The applicant shall submit the following information with the submittal of a development application:

F. Notice.

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.)