HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 08/06/2001 JULY 319 2001
. THE AGENDA COVER SHEET FOR THE 08/06/01
PLANNING COMMITTEE MEETING (4:00 PM)
• TITLE OF ITEM#1 #ZCA-2001-3 PROPOSED REVISIONS TOKENT CITY CODE
-
Chapters - 11.03,12.01.14.01,14.11, 15.08,AND 15.09
• ACTION ITEM: Send the proposed ordinance revisions to the Land Use and
Planning Board for consideration.
BACKUP MATERIAL: Staff report from Kim Marousek
"Draft" Ordinance
PRESENTER: Kim Marousek, Senior Planner
TIME: 20 Minutes (approximately)
SAPUBLIC1PIanningTianning CommitteeM0806pccvrsht.doc
8/6l01
Planning Committee
Item#1
#ZCA=2001 =3
KENT CITY CODE REVISIONS
CHAPTERS
11 .03, 12.01 . 14.01 j4. 11 , 1 &08, &
15009
ACTION ITEM :
Send the proposed ordinance revisions to the Land
Use and Planning Board for consideration.
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Acting Director
PLANNING SERVICES
Charlene Anderson,AICP,Acting Manager
Phone:253-856-5454
• T Fax: 253-856-6454
KEN 1 WASMINOTON Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
July 31,2001
MEMO TO: CHAIR, TOM BROTHERTON&PLANNING COMMITTEE MEMBERS
FROM: KIM MAROUSEK, SENIOR PLANNER
SUBJECT: #ZCA-2001-3 PROPOSED REVISIONS TO KCC CHAPTERS: 11.03, 12.01,
14.01, 14.11, 15.08,AND 15.09
PLANNING COMMITTEE MEETING OF AUGUST 6, 2001
In 1998, the City passed Ordinance #3424 which addressed state mandated guidelines for permit
processing and regulatory reform under SHB 1724. Most notably, this legislation required jurisdictions to
implement provisions for a consolidated permit review process that addressed the issuance of permits
within a 120-day timeframe. The passage of this ordinance required some substantive changes to our
permit review process. Having implemented this ordinance for the past 2-%2 years, staff has identified
some areas that pose conflict with other sections of the Kent City Code and have identified some areas in
need of clarification. The bulk of the proposed revisions generally are minor in nature but there are some
substantive changes proposed. Planning has worked closely with the City Attorney's office to develop a
draft ordinance, which incorporates the necessary changes in procedures, and it is attached to this report.
Some highlights of this draft ordinance are discussed below:
Anneal Process
One major part of this revision is to consolidate in the Code the process for appeals. This effectuates
changes in Chapters 11.03, 12.01 and Title 15. Primarily, these changes are to align the City Code with
state law requirements; however, it also proposes to delete the land use application appeal process before
Council. If accepted, these changes would require an applicant to appeal a hearing examiner decision
directly to Superior Court.
Modifications to Chapter 14.01 and 14.11 (UBC and Vesting)
These changes principally serve to clarify in Chapter 14.01 those types of permits, which are subject to
the processing requirements of Chapter 12.01 and those, which are subject to processing, and expiration
timelines set forth in the Uniform Building Code. In addition, language is added to Chapter 14.11 to
clarify permit vesting requirements.
Modifications to 15.08 and 15.09 (Zoning)
These revisions bring into Chapter 12.01 the administrative approval processes for Wireless
Telecommunication Facilities and Administrative Variances.
RECOMMENDATION
Direct staff to take the proposed ordinance revisions to the Land Use and Planning Board for
consideration.
KM\pm S:\Public\Planning\Planning Committee\12.01rev memo(1).doc
cc: Fred N.Satterstrom,Acting CD Director
Charlene Anderson,Acting Planning Manager
Kim Adams-Pratt,Assistant City Attorney
� 1
1
•
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, updating code provisions relating to
the administration of development regulations by
amending Chapter 12.01 of the Kent City Code, and
related portions of Chapters 11.03, 14.01, 14.11, and Kent
City Code Title 15, Zoning.
WHEREAS, in 1998 the City Council enacted Chapter 12.01 of the
Kent City Code to provide provisions for establishing a set of processes to be used for
• land use and development proposals subject to review under the following portions of
the Kent City Code (KCC): Chapter 2.32 KCC, Office of Hearing Examiner; Chapter
11.03 KCC, Environmental Policy; Chapter 12.04 KCC, Subdivisions; and KCC Title
15, Zoning; and
WHEREAS, the City Council desires to update these processes and
related matters to provide for more effective and efficient processing of land use and
development proposals;NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
• 1 Permit Processing
1 �
r 1
SECTION 1. Section 11.03.520 of the Kent City Code, entitled
"Appeals,"is hereby amended to read as follows:
See. 11.03.520. Appeals.
A. Administrative appeals. The city establishes the following administrative
appeal proceduresunder RCW 43.21C.075 and WAC 197-11-680:
�+ the f 11 - d stf
1. Procedural appeals. �', establishes
a. Any party of record may appeal the city's procedural
compliance with Chapter 197-11 WAC for issuance of the following:
(1) A final determination of nonsignificance: Appeal of the
DNS must be made to the hearing examiner within fourteen (14) calendar days of the
date the determination of nonsignificance is final. Notice of the issuance of a final
DNS shall be provided in accordance with KCC 11.03.410(A)(2).
(2) A determination of significance: The appeal must be
made to the hearing examiner within fourteen (14) calendar days of the date the
determination of significance is issued. Notice of the issuance of a determination of
significance shall be provided in accordance with KCC 11.03.410(A)(2).
b. The decision of the land use hearing examiner shall be final,
pursuant to RCW 43.21C.075(3)(a). No right to appeal the decision of the hearing
examiner is granted by this section.
C. The procedural determination by the city's responsible official
shall carry substantial weight in any appeal proceeding.
2. Substantive appeals.- Except for permits and variances issued pursuant
to the city shoreline master program, Resolution 907, when any proposal or action not
requiring a decision of the city council is conditioned or denied on the basis of State
Environmental Policy Act by a non-elected official, the decision shall be appealable to
the hearing examiner. The appeal must be made to the hearing examiner within
fourteen 14) calendar days of the issuance of the decision to condition or deny the
• 2 Permit Processing
•
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, updating code provisions relating to
the administration of development regulations by
amending Chapter 12.01 of the Kent City Code, and
related portions of Chapters 11.03, 14.01, 14.11, and Kent
City Code Title 15, Zoning.
WHEREAS, in 1998 the City Council enacted Chapter 12.01 of the
Kent City Code to provide provisions for establishing a set of processes to be used for
land use and development proposals subject to review under the following portions of
the Kent City Code (KCC): Chapter 2.32 KCC, Office of Hearing Examiner; Chapter
11.03 KCC', Environmental Policy; Chapter 12.04 KCC, Subdivisions; and KCC Title
15, Zoning; and
WHEREAS, the City Council desires to update these processes and
related matters to provide for more effective and efficient processing of land use and
development proposals;NOW THEREFORE, _
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
1 Permit Processing
proposal or action. Such appeal shall be pursuant to Ch. 2.32 KCC and Ch. 12.01
iKCC. There shall be no Aappeals to the city council from the land use hearing
examiner's decision. gg •emed b, KC
3. No other appeal provided. Except as provided in subsections (A)(1)
and(A)(2) above, or as otherwise provided by law, no right to appeal is created-by this
Y
section.
B. Judicial appeals.
1. No right to judicial review or appeal, which does not now exist, is
created by this chapter. The decision by the city to issue or deny nonexempt permits
or licenses shall be final. A writ of review must be sought within fourteen (14)
calendar days, if at all, by an aggrieved party or person by application to the superior
court. Pursuant to RCW 43.21C.075(5) and (6), such a writ application shall include,
or be amended within thirty(30) calendar days of the issuance or denial of the permit
or license to include, issues relating to this chapter.
2. The city shall give official notice under WAC 197-11-680(5) whenever
it issues a permit or approval for which a statute or ordinance establishes a time limit
for commencing judicial review.
SECTION 2. Chapter 12.01 of the Kent City Code, entitled
"Administration of Development Regulations," is hereby amended to read as follows:
CHAPTER 12.01. ADMINISTRATION OF DEVELOPMENT REGULATIONS
Sec. 12.01.010. Purpose and applicability. The purpose of this chapter is to
establish a set of processes to be used for land use and development proposals subject
to review under the following portions of the Kent City Code:
A. Ch. 2.32 KCC, Office of Hearing Examiner;
B. Ch. 11.03 KCC,Environmental Policy;
C. Ch. 12.04 KCC, Subdivisions;-and
D. Ch 14.01 KCC Building Codes, and
DE. KCC Title 15,Zoning.
3 Permit Processing
Sec. 12.01.030. Application processes and classification.
A. Application processes. Project permit applications for review pursuant to this
chapter shall be classified as a Process I, Process II, Process III, Process IV, or Process
V action. Process VI actions are legislative. Project permit applications and decisions
are categorized by type as set forth in KCC 12.01.040.
B. Determination of proper process type. The planning manager shall
determine the proper Process typespreeeduFe for all applications. If there is a question
as to the appropriate Process type--&PTfeeedu£e, the planning dir-eetermana er shall
resolve it in favor of the higher ProcesspFeeedure type number. Process I is the lowest
and Process VI is the highest.
C. Optional consolidated permit processing. An application that involves two (2)
or more Process typespfeeedures may be treatedpreee&sed collectively under the
highest numbered Process typepreeedufe required for any part of the application or
treatedpfeeessed individually under each Process type identified by
the chapter. An applicant may ask that his or her application be treatedpr-eeessed
collectively or individually. If the application is administeredpresemed under the
individual Processpfeeedere option, the highest numbered pProcess procedure must be
finalizedpEeeessed prior to the subsequent lower numbered Process being
finalizedpFeeedufe. If the application is processed under the individual procedure
option there shall be no more than one (1) open record hearing and no more than one
(1) closed record appeal for an application Open records hearing and closed record
appeals must be consolidated under the higher Process type number.
D. Decision maker(s). Applications processed in accordance with subsection (C)
of this section which have the same highest numbered Process type but are
assigned different hearing bodies shall be heard collectively by the highest decision
maker(s). The city council is the highest, followed by the hearing examiner, and then
the short subdivision committee and the downtown design review committee. Joint
public hearings with other agencies shall be processed according to KCC 12.01.060,
Joint public hearings.
4 Permit Processing
E. Environmental review. Process I, 11, 111, IV, and V permits which are subject
• to environmental review under SEPA (Chapter 43.21C RCW) are subject to the
provisions of this chapter. An environmental checklist shall be submitted in
conjunction with the submittal of a project permit application. One (1) environmental
threshold determination shall be made for all related project permit applications. The
city will not issue a threshold determination, other than a DS, prior to the submittal of
a complete project permit application and the expiration of the public comment period
in the notice of application pursuant to KCC 12.01.140, but may utilize the public
notice procedures as outlined in KCC 11.03.410(A)(1) to consolidate public notice.
See. 12.01.040. Project permit application framework.
A. Process types. The following table lists the Process types; the corresponding
categories of permit applications; and parenthetically, the corresponding final decision
maker and appellate body.
•
5 Permit Processing
• Process I Process II Process III Process
Applications: IV Process V Process VI
Development plan Administrative Conditional user Planned unit Final plat(5)f6� Zoning of newly
and zoning permit design review(1) permit(44U5 (7) development 10) annexed lands
review(1)(6)(D (6-U7 (110) (5)(6)($10)with (5)(6)(310)
change of use
Performance Shoreline Sign variance v to implement
Area-wide rezones
new
standards substantial (4)M(103) cimpl
development cty policies(5)j�
procedures(1) (310)
f61f7) permit(1)(7)(9)
Sign permit(1) Accessory Special home Rezone(5)(6) Comprehensive plan
(� dwelling unit occupat on perm t (31� amendments 4)(6)
permit(1)(6)M (4-U5 (l�&) (Log)
Lot line Administrative Variance(Ha Development
regulations(S)(,
adjustment(1) variance(1)(()LZ) (109)
Lam)
(4)()
Administrative Downtown design Shoreline Zoning map
interpretation(1) review,all except conditional use amendments(-5- 61
(6)(� for minor permit(4)W 9) SOS)
remodels(2-)(3) (9)
(61L71
Application Downtown design Shoreline variance Zoning text
conditional certifi- review,only minor 4 `�(2) amendments(3)(6)
cation muli-family remodels(1) (Log) '
tax exemption, E6)Ll
(1)(8):all other
multi-family tax
-exenMtjon 1 JU7
Multifamily Preliminary plat
design review(1) (+L5)(-74�
(6,U7
Administrative Binding site plan
approvaVWTF(1) 04U2 M(7)
(�7
Short subdivision Planned unit
(3-4�WE) development
0)(5_)(7) 0
without a change
of use
(1)Final decision made by planning direetermanager. (76)Appeal to hearing examiner.
(2)Final decision by binding site plan committee L87)Appeal to city council.
(32)Final decision made by downtown design review committee.
L_43)Final decision made by short subdivision committee. (9)Appeal to shoreline hearings board.
`4)Final decision made by hearing examiner.
(65)Final decision made by city council. (10)Appeal to superior court.
• 6 Permit Processing
• B. Process proceduresn. The following table lists the Process type and
the corresyonding procedures.
Legislative
Project Permit Applications(Processes I—
Process I Process II Process III Process IVProcess V Process VI
Requires pre- Yes,for projects Yes,for projects Yes,for projects Yes
No `No
application requiring SEPA requiring SEPA requiring SEPA
conference: review review review
Notice of Yes,for projects Yes,for projects Yes
Yes No No
application: requiring SEPA requiring SEPA
review review,short plans
and shoreline sub-
substantial de-
velopment permits
Recommendation N/A N/A N/A Hearing examiner N/A Land use and
planning board
made by:
Final decision Planning Planning Hearing examiner City council City council City council
made by: direetermana er direetermana er,
downtown design
review committee,
binding site plan
committee or short
subdivision com-
mittee,as noted in
KCC 12.01.140
Yes,before land use
Open record Only if appealed, Only if appealed, Yes,before Yes,before NO g P and Tannin board
hearinglopen then before then before hearing hearing examiner hearing examiner
re
record appeal hearing examiner examiner to make final to make to make
makeendat on to
hearing: decision recommendation city council
to city council LY
Yes,of hearin Yes,of hearing No No
Reconsideration: No No g
examiner's examiner's
decision recommendation
l Only if real of No Only if appealed, Yes,before city Yes,before Yes,or city
FinaFinal a
sion/closed denial a multi- then before the council to render city council council could hold
decishoreline hearings final decision to render its own hearing
record appeal: family
conditional board if applicable final
certificate.then Eity eout:cil, decision
before the city e�peele!
council No heme-iieetipat+en
ta1q 0
V&Fie..cca:+.hc"fe
sit F£DHFE
Judicial a eal: Yes Yes Yes Yes Yes Yes
See. 12.01.050. Exemptions from project permit application processing.
A. General exemptions. The following permits or approvals are specifically
excluded from the procedures set forth in this chapter:
1. Landmark designations;
• 2. Street vacations; and
7 Permit Processing
3. Street use permits.
• 4. Pursuant to RCW 36.70B.140(6), building permits which are
categorically exempt from environmental review under SEPA or that do not require
street improvements,boundary line adjustments, or other construction permits.
5. Administrative approvals which are categorically exempt- from
environmental review under SEPA (Chapter 43.21 C RCW) and the city's
SEPA/environmental policy ordinance, Ch. 11.03 KCC, or administrative approvals
for which environmental review has been completed in connection with other project
permits.
Sec. 12.01.060. Joint public hearings.
A. Planning direeteFinanaeer's decision to hold joint hearing. The planning
direat&qnanager may combine any public hearing on a project permit application with
any hearing that may be held by another local, state,regional, federal, or other agency,
on the proposed action, as long as:
1. The other agency consents to.the joint hearing;
2. The other agency is not expressly prohibited by statute from doing so;
3. Sufficient notice of the hearing is given to meet each of the agencies'
adopted notice requirements as set forth in statute, ordinance, or rule;
4. The agency has received the necessary information about the proposed
project from the applicant in enough time to hold its hearing at the same time as the
local government hearing; and
5. The hearing is held within the Kent city limits.
B. Applicant's request for a joint hearing. The applicant may request that the
public hearing on a permit application be combined as long as the joint hearing can be
held within the time periods set forth in this chapter. In the alternative, the applicant
may agree to a particular schedule if additional time is needed in order to complete the
hearings.
• 8 Permit Processing
. Sec. 12.01.080. Pre-application conference.
A. Applicability. The purpose of a pre-application conference is to provide city
staff with a sufficient level of detail about a proposal so that the city staff can acquaint
the applicant e.n be __quain`_ed with the requirements of the Kent City Code. Pre
application conferences are required for Process I, II, III, and IV permits which require
environmental review. Only one (1) pre-application conference shall be required for
all project permit applications related to the same project. Pre-application conferences
shall precede the submittal of any project permit application, including an
environmental checklist. The planning direetermanager may waive in writing the
requirement for a pre-application conference for proposals that are determined not to
be of a size and complexity to require the detailed analysis of a pre-application
conference.
B. Pre-application conference initiation. To initiate a pre-application conference,
an applicant shall submit a completed form provided by the city and all information
pertaining to the proposal as prescribed by administrative procedures of the planning
department. Failure to provide all pertinent information may prevent the city from
identifying all applicable issues or providing the most effective pre-application
conference.
C. Scheduling. A pre-application conference may be conducted at any point prior
to application for a project permit. A pre-application conference shall be scheduled by
the city within five (5) working days of a completed pre-application conference
request. The pre-application conference shall be held within thirty (30) calendar days
of the receipt of a completed request, unless the applicant agrees to an extension of
this time period in writing.
D. At the conference the applicant may request the following information be
provided:
1. A form which lists the requirements of a complete project permit
application;
• 9 Permit Processing
2. A general summary of the procedures to be used to process the
. application;
3. The references to the relevant code provisions on development; and
4. The city's design guidelines.
E. It is impossible for the conference to be an exhaustive review of all potential
issues. The discussion at the conference or the form sent to the applicant under
12.01.080(D)(1) shall not bind or prohibit the city's future application,or enforcement
of the applicable law.
See. 12.01.100. Submission and acceptance of application.
A. Determination of completeness. Within twenty-eight (28) calendar days after
receiving a project permit application for review for completeness, the city shall mail
or personally provide a written determination of completeness to the applicant,which
to the extent known by the city, identifies other agencies with jurisdiction over the
project permit application,and states either:
1. That the application is complete; or
2. That the application is incomplete and what is necessary to make the
application complete.
If the city does not provide a written determination to the applicant that the
application is incomplete, the application shall be deemed complete. The time period
guidelines for review of project permit applications begin following the determination
of a complete application.
B. Additional information for "complete applications." A determination of
completeness shall be made when an application is sufficient for continued processing
even though additional information may be required or project modifications may be
undertaken subsequently. The city's determination of completeness shall not preclude
the city from requesting additional information or studies either at the time of the
notice of completeness or at some later time, if new information is required or where
there are substantial changes in the proposal.
C. Procedure for "incomplete applications."
• 10 Permit Processing
1. Prior to a determination of a complete application, if the applicant
• receives a written determination from the city that an application is not complete, the
applicant shall have up to ninety (90) calendar days to submit the necessary
information to the city. Within fourteen (14) calendar days after an applicant has
submitted the requested additional information, the city shall make the determination
as described in KCC 12.01.100(A) above, and notify the applicant in the same manner.
2. If the applicant either refuses in writing to submit additional
information or does not submit the required information within the ninety (90)
calendar day period, the application shall lapse because of a lack of information
necessary to complete the review.
D. Date of acceptance of application. When the project permit application is
determined to be complete, the planning dir-ectermana er shall accept it and note the
date of acceptance.
E. Project review. Following a determination that an application is complete, the
city shall begin project review.
• Sec. 12.01.105. Application vesting A proiect permit application shall vest
according to KCC 14 11 010 upon the submission of a fully completed project permit
application.
Sec. 12.01.120. Referral and review of project permit applications. Within
ten (10) calendar days of accepting a complete application, the planning
dir-eeteFmanager shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to
each affected agency and city department for review and comment, including those
responsible for determining compliance with state, federal and county requirements.
The affected agencies and city departments shall have fifteen (15) calendar days to
comment. The referral agency or city department is presumed to have no comments if
comments are not received within the specified time period. The planning
dir-eetermana er shall grant an extension of time only if the application involves
11 Permit Processing
unusual circumstances. Any extension shall only be for a maximum of three (3)
. additional calendar days.
Sec. 12.01.140. Notice of application.
A. Notice of application. A notice of application shall be issued for Process I and
Process II permits requiring SEPA review, short plats, shoreline substantial
development permits, and all Process III and Process IV applications within fourteen
(14) calendar days after the city has made a determination of completeness pursuant to
KCC 12.01.100(A); provided, that if any open record hearing is required for the
requested project permit(s), the notice of application shall be provided at least fifteen
(15) calendar days prior to the open record hearing. One (1) notice of application will
be done for all permit applications related to the same project at the time of the earliest
complete permit application.
B. SEPA exempt projects. A notice of application shall not be required for project
permits that are categorically exempt under SEPA, unless a public comment period or
an open record pre-decision hearing is required.
C. Contents. The notice of application shall include:
1. The case file number(s), the date of application, the date of the
determination of completeness for the application and the date of the notice of
application;
2. A description of the proposed project action and a list of the project
permits included in the application and, if applicable, a list of any studies requested by
the review authority pursuant to RCW 36.70B.070;
3. The identification of other permits not included in the application, to
the extent known by the city;
4. The identification of existing environmental documents that evaluate
the proposed project, and, if not otherwise stated on the document providing notice of
application, the location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall be
not less than fourteen (14) nor more than thirty (30) calendar days following the date
• a 12 Permit Processing
of notice of application, and statements of the right of any person to comment on the
application, receive notice of and participate in any hearings, request a copy of the
decision once made, and any appeal rights;
6. The tentative date, time, place and type of hearing. The tentative
hearing date is to be set at the time of the date of notice of the application;
7. -, A statement of the preliminary determination of consistency, if one has
been made at the time of notice, and of those development regulations that will be
used for project mitigation and of consistency as provided in KCC 12.01.150;
8. The name of the applicant or applicant's representative and the name,
address and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road
intersections,reasonably sufficient to inform the reader of its location; and
10. Any other information determined appropriate by the city, such as a
DS, if complete at the time of issuance of the notice of application or the city's
statement of intent to issue a DNS pursuant to the optional DNS process set forth in
WAC 197-11-355.
D. Mailing of notice of application. The city shall mail a copy of the notice of
application to the following:
1. Agencies with jurisdiction; and
2. Any person who requests such notice in writing.
E. Public comment on the notice of application. All public comments received on
the notice of application must be received by the planning department by 4:30 p.m. on
the last day of the comment period. Comments may be mailed, personally delivered
or sent by facsimile. Comments should be as specific as possible.
F. Posted notice of application. In addition to the mailed notice of application,
the city will provide notice of application at Kent City Hall, and in the register for
public review at the planning department office. The applicant shall be responsible for
posting the property for site-specific proposals with notice boards provided by the city.
Public notice shall be accomplished through the use of a four (4) by four (4) foot
plywood face generic notice board to be issued by the planning services office
• 13 Permit Processing
depaAfaent as follows: the applicant shall apply to the city for issuance of the notice
• board, and shall pay to the planning servicece dew-the
amount of money on the fee schedule currently approved by the city council and
available at the planning services office
of the netiee beard in goo! eeiiditiaa 1E) the p! O
fided to the
�1 Posting. Posting of the property for site-specific proposals shall consist
of one (1) or more notice boards as follows:
a. A single notice board shall be placed by the applicant in a
conspicuous location on a street frontage bordering the subject property.
b. Each notice board shall be visible and accessible for inspection
by members of the public.
C. Additional notice boards may be required when:
(1) The site does not abut a public road; or
(2) Additional public notice boards are required under other
provisions of the Kent City Code; or
(3) The planning direetermana er determines that additional
notice boards are necessary to provide adequate public notice.
d. Notice boards should be:
(1) Maintained in good condition by the applicant during
the notice period;
(2) In place at least fifteen (15) calendar days prior to the
end of any required comment period; and
(3) Removed by the applicant-aftd- ''—* +'" �
r
e. Notice boards that are removed, stolen, or destroyed prior to the
end of the notice period may be cause for discontinuance of the departmental review
until the notice board is replaced and remains in place for the specified time period.
• 14 Permit Processing
The city shall notify the applicant when it comes to their attention that notice boards
• have been removed prematurely, stolen, or destroyed.
f. An affidavit of posting shall be submitted by the planning
dieste nana er at least seven (7) calendar days prior to the he
If the affidavits
are not filed as required, any scheduled hearing or date by which the public may
comment on the application, may be postponed in order to allow compliance with this
notice requirement.
g. Notice boards shall be constructed and installed in accordance
with specifications determined by the planning dir-eete-mana er.
h. SEPA information shall be added by the city to the posted sign
within applicable deadlines. An affidavit of posting shall be submitted by the
planning dir-eetennana er.
G. Published notice of application. Published notice of application in an official
newspaper of general circulation in the area where the proposal is located is required for Process I and II permits requiring SEPA review, short plats,and aHl Process III, IV,
and llATV permits, except subdivision final plat, applications. Published notice
• shall include at least the following information:
1. Project location;
2. Project description;
3. Type of permit(s)required;
4. Comment period dates; and
5. Location where the complete application may be reviewed.
H. Notice of public hearing.
1. Notice of public hearing for all types of applications. The notice given
of a public hearing required in this chapter shall contain:
a. The name of the applicant or the applicant's representative;
b. Description of the affected property, which may be in the form
of either a vicinity location sketch or written description, other than a legal
description;
C. The date,time, and place of the hearing;
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d. The nature of the proposed use or development;
• C. A statement that all interested persons may appear and provide
testimony;
f. When and where information may be examined, and when and
how written comments addressing findings required for a decision by the hearing body
may be submitteda ted;
g. The name of a city representative to contact and the telephone
number where additional information may be obtained;
h. That a copy of the application, all documents and evidence
relied upon by the applicant and applicable criteria are available for inspection at no
cost and will be provided at the cost of reproduction; and
i. That a copy of the staff report will be available for inspection at
no cost at least five (5) calendar days prior to the hearing and copies will be provided
at the cost of reproduction.
2. Mailed notice of public hearing. Mailed notice of the public hearing
shall be provided by the city as follows:
• a. Process I, II and V actions. No public notice is required
because no public hearing is held. Notice for short plat meetings is mailed to property
owners within two hundred (200) feet. Shoreline permit notices shall be in accordance
with the requirements of WAC 173-27-110.
b. Process III and IV actions. The notice of public hearing shall
be mailed to:
(1) The applicant;
(2) All owners of real property as shown by the records of
the county assessor's office within three hundred (300) feet of the subject property;
and
(3) Any person who submits written comments on an
application.
40 16 Permit Processing
C. Process IV preliminary plat actions. In addition to the general
. notice of public hearing requirements for Process IV actions above, additional notice
shall be provided as follows:
(1) Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or within two (2)
miles of the boundary of a state or municipal airport shall be given to the Secretary of
Transportation, who must respond within fifteen(15) calendar days of such notice.
(2) Special notice of the hearing shall be given to adjacent
land owners by any other reasonable method the city deems necessary. Adjacent land
owners are the owners of real property, as shown by the records of the King County
assessor, located within three hundred (300) feet of any portion of the boundary of the
proposed subdivision. If the owner of the real property which is proposed to be
subdivided owns another parcel or parcels of real property which lie adjacent to the
real property proposed to be subdivided, notice under RCW 58.17.090(1)(b) shall be
given to owners of real property located within three hundred (300) feet of such
adjacently owned parcels.
id. Process VI actions. For Process VI legislative actions, the city
shall publish notice as described in subsection (H)(3) of this section, and use all other
methods of notice as required by RCW 35A.12.160.
3. Procedure for posted or published notice of public hearing.
a. Posted notice of the public hearing is required for all Process III
and IV actions. The posted notice of hearing shall be added to the sign already posted
on the property pursuant to subsection(F)of this section.
b. Published notice of the public hearing is required for all Process
III and IV procedures. The published notice shall be published in a newspaper of
general circulation within the city and contain the following information:
(1) Project location;
(2) Project description;
(3) Type of permit(s)required;
(4) Comment period dates; and
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(5) Location where the complete application may be
• reviewed.
4. Time and cost of notice ofpublic hearing.
a. Notice shall be mailed, posted and first published not less than
ten (10) calendar days prior to the hearing date. Any posted notice shall be removed
by the applicant within seven (7) calendar days following the conclusion of public
hearing(s).
I. Shoreline master program permits.
1. Notice of the application of a permit under the purview of the city's
shoreline master program shall be given in accordance with the requirements of Ch.
11.04 KCC, the Kent shoreline management master program.
See. 12.01.160. Open record public hearings.
A. General. Open record hearings shall be conducted in accordance with this
section.
B. Responsibility of the planning direeternnanaQer for hearing. The planning
• direeEennanager shall:
1. Schedule an application for review and public hearing;
2. Give notice (applicant responsible for some of the notice
requirements);
3. Prepare the staff report on the application, which shall be a single
report stating all of the decisions made as of the date of the report, including
recommendations on project permits in the consolidated permit process that do not
require an open record pre-decision hearing. The report shall state any mitigation
required or proposed under the development regulations or the city's authority under
SEPA. If the threshold determination other than a determination of significance has
not been issued previously by the city, the report shall include or append this
determination. In the case of a Process I or II project permit application, this report
may be the permit; and
• 18 Permit Processing
4. Prepare the notice of decision, if required by the hearing body, and/or
mail a copy of the notice of decision to those required by this code to receive such
decision.
C. Conflict of interest. The hearing body shall be subject to the code of ethics and
prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter.42.23
RCW, as the same now exists or may hereafter be amended.
D. Ex parte communications.
1. No member of the hearing body may communicate, directly or
indirectly, regarding any issue in a proceeding before him or her, other than to
participate in communications necessary to procedural aspects of maintaining an
orderly process, unless he or she provides notice and opportunity for all parties to
participate; except as provided in this section:
a. The hearing body may receive advise from legal counsel; or
b. The hearing body may communicate with staff members
(except where the proceeding relates to a code enforcement investigation or
prosecution).
2. If, before serving as the hearing body in a quasi-judicial proceeding,
any member of the hearing body receives an ex parte communication of a type that
could not properly be received while serving, the member of the hearing body,
promptly after starting to serve, shall disclose the communication as described in KCC
12.01.160(D)(3)below.
3. If the hearing body receives an ex parte communication in violation of
this section, he or she shall place on the record:
a. All written communications received;
b. All written responses to the communications;
C. The substance of all oral communications received and all
responses made; and
d. The identity of each person from whom the hearing body
received any ex parte communication.
• 19 Permit Processing
The hearing body shall advise all parties that these matters have been placed on
the record. Upon request made within ten (10) calendar days after notice of the ex
parte communication, any party desiring to rebut the communication shall be allowed
to place a rebuttal statement on the record.
E. Disqualification.
1. ' A member of the hearing body who is disqualified may be counted for
purposes of forming a quorum. Any member who is disqualified may be counted only
by making full disclosure to the audience, abstaining from voting on the
disqualification, vacating the seat on the hearing body and physically leaving the
hearing.
2. If all members of the hearing body are disqualified, all members
present after stating their reasons for disqualification shall be re-qualified and shall
proceed to resolve the issues.
3. Except for Process VI actions, a member absent during the presentation
of evidence in a hearing may not participate in the deliberations or decision unless the
member has reviewed the evidence received.
F. Burden and nature of proof. Except for Process VI actions, the burden of
proof is on the proponent. The project permit application must be supported by proof
that it conforms to the applicable elements of the city's development regulations,
comprehensive plan and that any significant adverse environmental impacts have been
adequately addressed.
G. Order of proceedings. The order of proceedings for a hearing will depend in
part on the nature of the hearing. The following shall be supplemented by
administrative procedures as appropriate. _
1. Before receiving information on the issue, the following shall be
determined:
a. Any objections on jurisdictional grounds shall be noted on the
record and if there is objection, the hearing body has the discretion to proceed or
terminate; and
b. Any abstentions or disqualifications shall be determined.
• 20 Permit Processing
2. The presiding officer may take official notice of known information
• related to the issue, such as:
a. A provision of any ordinance, resolution, rule, officially
adopted development standard or state law; and
b. Other public records and facts judicially noticeable by law.
3. ' Matters officially noticed need not be established by evidence and may
be considered by the hearing body in its determination. Parties requesting notice shall
do so on the record; however, the hearing body may take notice of matters listed in
subsections (G)(1) and(G)(2) of this section if stated for the record. Any matter given
official notice may be rebutted.
4. The hearing body may view the area in dispute with or without
notification to the parties, but shall place the time, manner, and circumstances of such
view on the record.
5. Information shall be received from the staff and from proponents and
opponents. The presiding officer may approve or deny a request from a person
attending the hearing to ask a question. Unless the presiding officer specifies
otherwise, if the request to ask a question is approved, the presiding officer will direct
the question to the person submitting testimony.
6. When the presiding officer has closed the public hearing portion of the
hearing, the hearing body shall openly discuss the issue and may further question a
person submitting information or the staff if opportunity for rebuttal is provided.
7. When the hearing examiner is unable to formulate a recommendation
on a project permit, the hearing examiner may decide to forward the project permit to
the city council to render a decision without a recommendation.
H. Recommendation decision. The hearing body shall issue a recommendation or
decision, as applicable,within fourteen(14) calendar days of the record being closed.
I. Reconsideration by hearing examiner. Reconsideration is not authorized for
Process I and Process II applications. A party of record may ask for a reconsideration
of a decision by the hearing examiner for a Process III action or a recommendation by
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the hearing examiner for a Process IV action. A reconsideration may be requested if
• either:
1. A specific error of fact or law can be identified; or
2. New evidence is available which was not available at the time of the
hearing.
A request for reconsideration shall be filed by a party of record within five (5)
working days of the date of the initial decision/recommendation. Any reconsideration
request shall cite specific references to the findings and/or criteria contained in the
ordinances governing the type of application being reviewed. A request for
reconsideration temporarily suspends the appeal deadline. The hearing examiner shall
promptly review the reconsideration request and within five (5) working days issue a
written response, either approving or denying the request. If the reconsideration is
denied, the appeal deadline of the hearing examiner's decision shall recommence for
the remaining number of days. If a request for reconsideration is accepted, a decision
is not final until after a decision on reconsideration is issued.
Sec. 12.01.170. Notice of decision.
A. Following a decision onef a project permit by the applicable decision-maker,
the city shall provide a notice of decision that also includes a statement of any
threshold determination made under SEPA(Chapter 43.21C RCW) and the procedures
for appeal. The time frames set forth in this section shall apply to project permit
applications filed on or after April 1, 1996.
B. The notice of decision shall be issued within one hundred and twenty (120)
calendar days as calculated by KCC 12.01.180, after the-city notifies the applicant
that the application is complete. 12.01.180(A). M tiffle ffaffies set feAh in this
seetien shall apply to pr-ejeet pem' appheations filed E)ii er- aftef April 1, .
C. The notice of decision shall be provided to the applicant and to any person
who, prior to the rendering of the decision, requested notice of the decision or
submitted substantive continents on the application.
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D. Notice of the decision shall be provided to the public as set forth in KCC
• 12.01.140(II)(2)(b)(1) and (3). Affected property owners may request a change in
valuation for property tax purposes. The city shall provide notice of the decision to
the county assessor's office in which the property is located.
E. If the city is unable to issue its final decision on a project permit application
within the time limits provided for in this chapter, it shall provide written notice of this
fact to the parties of record. The notice shall include a statement of reasons why the
time limits have not been met and an estimated date for issuance of the notice of
decision.
See. 12.01.180. Time limitations.
A. Calculation of time periods for issuance of notice of final decision. In
determining the number of calendar days that have elapsed after the city has notified
the applicant that the application is complete for purposes of calculating the one
hundred and twenty 120) day time limit in KCC 12.01.070 for issuance of the notice
of decision, the following periods shall be excluded:
1. Any period during which the applicant has been requested by the city to
correct plans, perform required studies, provide additional required information, or
otherwise requires the applicant to act. The period shall be calculated from the date
the city notifies the applicant of the need for additional information until the earlier of
the date the local government determines whether the additional information satisfies
the request for information or fourteen (14) calendar days after the date the
information has been provided to the city;
2. Any period during which the city determines that the information
submitted by the applicant under KCC 12.01.100 and 12.01.110 is insufficient or
incorrect and has requested the applicant to provide sufficient or correct information;
3. Any period during which an environmental impact statement is being
prepared following a determination of significance pursuant to Chapter 43.21C RCW,
if the city by ordinance has established time periods for completion of environmental
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impact statements, or if the city and the applicant in writing agree to a time period for
completion of an environmental impact statement;
4. Any period for administrative appeals of project permit applications, if
an open record appeal hearing or a closed record appeal, or both, are allowed. The
time period for consideration and decision on appeals shall not exceed:
a. Ninety(90) calendar days for an open record appeal hearing; or
b. Sixty(60)calendar days for a closed record appeal.
The parties may agree to extend these time periods; and
5. Any extension of time mutually agreed upon by the applicant and the
local government.
B. Time limit exceptions. The time limits established in this section do not apply
if a project permit application:
1. Requires an amendment to the comprehensive plan or a development
regulation;
2. Requires approval of the siting of an essential public facility as
provided in RCW 36.70A.200; or
i3. Is substantially revised by the applicant, in which case the time period
shall start from the date at which the revised project application is determined to be
complete pursuant to KCC 12.01.100.
C. Failure to meet time limit. If the city is unable to issue its final decision within
the time limits provided in this chapter,it shall provide written notice of this fact to the
project applicant. The notice shall include a statement of reasons why the time limits
have not been met and an estimated date for issuance of a final decision. The city is
not liable for damages due to the city's failure to make a final decision within the time
limits established in this chapter.
Sec. 12.01.190. Closed record hearings and administrative appeals.
A. Appeals of decisions. This section allows for administrative appeals as
provided in the framework in KCC 12.01.040. Administrative appeals are heard by
• 24 Permit Processing
the hearing examiner, downtown design review committee or city council, as
• applicable.
B. Consolidated appeals.
1. All appeals of project permit application decisions, other than an appeal
of determination of significance (DS), shall be considered together in a consolidated
appeal. See KCC 12 01 030(C) for information on the Process type to be used for the
consolidated appeal.
2. Appeals of environmental determinations under SEPA, Ch. 11.03 KCC,
including administrative appeals of a threshold determination shall proceed as
provided in that chapter.
C. Administrative appeals. Only parties of record may initiate an administrative
appeal on a project permit application.
D. Time to file. An appeal must be filed within fourteen (14) calendar days
following issuance of the notice of decision. Appeals must be delivered to the
planning department by mail, personal delivery or received by fax before 4:30 p.m. on
the last business day of the appeal period. If an applicant initiates an administrative
appeal, the administrative appeal of the project decision and of any environmental
determination issued at the same time as the project decision shall be filed within
twenty-one (21) calendar days after the notice of decision has been made and is
appealable.
E. Computation of time. For the purposes of computing the time for filing an
appeal,the day the notice of decision is rendered shall not be included. The last day of
the appeal period shall be included unless it is a Saturday, Sunday, a day designated by
RCW 1.16.050 or by the city's ordinances as a legal holiday, then it also is excluded
and the filing must be completed on the next business day(RCW 35A.28.070).
F. Content of appeal. Appeals shall be in writing, be accompanied by an appeal
fee as set by the city council, and contain the following information:
1. Appellant's name, address and phone number;
2. Appellant's statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
• 25 Permit Processing
4. Appellant's statement of grounds for appeal and the facts upon which
the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the
contents to be true, followed by the appellant's signature.
G. Effect. The timely filing of an appeal shall stay the effective date of the
decision until such time as the appeal is adjudicated by the hearing examiner,
downtown design review committee or city council, as applicable, or is withdrawn.
H. Notice of administrative appeal. Public notice of the appeal shall be given as
provided in KCC 12.01.140(H)(2)(b)(1) and(3).
I. Procedure for closed record decision/appeal. The closed record
appeal/decision hearing shall be on the record before the hearing body and no new
evidence may be presented unless the new evidence is limited to information that
could not have been placed on the record during the open record hearing. The
following subsections of this chapter shall apply to a closed record decision/appeal
hearing:
i1. 12.01.160(C) Conflict of Interest;
2. 12.01.160(D) Ex Parte Communications;
3. 12.01.160(E) Disqualification;
4. 12.01.160(F) Burden and Nature of Proof;
5. 12.01.160(G)(1), (2),
(3), (4), and(6) Order of Proceedings; and
6. 12.01.170 Notice of Decision.
SECTION 3. Section 14.01.020 of the Kent City Code, entitled
"Amendments to Uniform Building Code,"is hereby amended to read as follows:
Sec. 14.01.020. Amendments to Uniform Building Code. The following
amendments to the Uniform Building Code adopted in KCC 14.01.010 are hereby
adopted.
40 26 Permit Processing
A. Building code appendices adopted. Divisions I, II, and IV of Chapter 3,
Chapter 15 and Chapter 33 of the Appendix of the Uniform Building Code, 1997
Edition (as adopted in KCC 14.01.010), are adopted, except that the director of public
works shall have the authority to enforce and interpret Chapter 33 of the Appendix of
the Uniform Building Code, 1997 Edition, and accordingly, all references-to the
"building official" in Chapter 33 of the Appendix shall be substituted with the words,
"Director of Public Works."
B. Lot lines and setback lines. Notwithstanding the authority of the building
official to administer and enforce the building code, the building official shall have no
duty to verify or establish lot lines or setback lines. No such duty is created by this
chapter, and none shall be implied. The location of lot lines and/or setback lines at a
development and construction related thereto shall be the responsibility of the
applicant/owner.
C. Expiration ofProiect Permit Application. '
1 Proiectpermit applications that are not subject to Ch. 12.01 KCC do not
require SEPA review for which no permit is issued within one hundred
and eighty (180) days after the determination that a fully complete
project permit, as defined in KCC 14.11.020 has been submitted shall
expire by limitation Plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the building
official The building official may extend the time for action by the
applicant for a period not exceeding one hundred and eighty(180) days
on request by the applicant showing that circumstances beyond the
control of the applicant have prevented action from being taken. No
gpolication shall be extended more than once. In order to renew action
on an application after expiration the applicant shall resubmit plans and
pay a new review fee.
27 Permit Processing
2. Project permit applications subject to Ch. 12.01 KCC are not subject to
• the expiration dates above Said project permit applications shall be
subject to the deadlines in Ch. 12.01 KCC,
SECTION 4. Chapter 14.11 of the Kent City Code, entitled"Vesting of
Development Permit Applications,"is hereby amended to read as follows:
CH. 14.11. VESTING OF DEVELOPMENT PERMIT APPLICATIONS
Sec. 14.11.010. Vesting. Vesting of rp ojectdevelepment permit applications
occur upon the determination that submission e€a fully completed rp of ectdevelegmeR4
permit application as defined in KCC 12.01.100 has been submitted. Vesting shall
only apply to land use regulations in effect on the land at the time a fully completed
application has been submitted. A rp ojectdevelet permit application shall be
reviewed under the land use regulations in effect at that time. To establish a vested
right, the applicant shall file an application on a form famished by the buiklinggAy
official, which form may be amended from time to time. Every application shall, at a
minimum, provide the information required by the city ifi- a� .�
for filing of rp ojectdevelepmetA permit applications as well as ether- ueh infeEma
tie
fequir-ea by the building a ffie: T as set forth in the application form and applicable
a
codes.
Sec. 14.11.020. Completed application. In order to be accepted as fully
completed herein, an application for a devekgmtexl-permit shall be reviewed by the
building official, or his/her designee, to verify that all information required has been
provided in a clear and usable format. Once it has been determined that all required
information has been provided, the building official, or his/her designee, shall accept
the filed application and determine the date the application is considered complete and
therefore vested.
28 Permit Processing
Sec. 14.11.030. Other.
A. A completed develepnw tt rp oject permit application, as defined herein, does
not mean or imply approval of the project.
B. A completed develep rp oiect permit application herein may not necessarily
constitute a completed application for the purpose of processing the same. Additional
information, steps or procedures may need to be taken or completed in order to process
and obtain the requested permit.
C. Vesting hereunder shall apply only to the scope of the project applied for under
the permit application.
D. Vesting under this chapter expires with the expiration of the
devele r ject permit application or with the expiration of a permit issued
pursuant to an application.
SECTION S. Section 15.08.035 of the Kent City Code, entitled
"Wireless telecommunications facilities,"is hereby amended to read as follows:
Sec. 15.08.035. Wireless telecommunications facilities.
A. Purpose and goals. The purpose of this section is to establish general
guidelines for the siting of wireless telecommunications facilities (WTFs), specifically
including,without limitation,towers and antennas, in light of the following goals:
1. Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless telecommunications
services to provide those services quickly, effectively, and efficiently;
3. Encouraging location in nonresidential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure facilities to
minimize adverse impacts through careful design, siting, landscaping, screening, and
innovative camouflaging techniques; and
7. Considering potential adverse impacts to the public health and safety
from these facilities except where preempted by other laws, rules, and regulations.
29 Permit Processing
In furtherance of these goals, the city shall give due consideration to the city's
comprehensive plan, zoning map, existing land uses, and environmentally sensitive
areas in approving sites for the location of WTFs, including towers and antennas.
B. Definitions. As used in this section only, the following terms shall have the
meanings set forth below:
Abandon or abandonment means:
(a) To cease operation for a period of one hundred eighty (180) or
more consecutive calendar days; or
(b) To reduce the effective radiated power of an antenna by
seventy-five (75) percent for one hundred eighty (180) or more consecutive calendar
days unless new technology or the construction of additional cells in the same locality
allows reduction of effective radiated power by more than seventy-five (75) percent,
so long as the operator still serves essentially the same customer base.
Antenna means any exterior transmitting or receiving device used in
communications that radiates or captures electromagnetic waves.
Backhaul network means the lines that connect a provider's WTFs/towers/cell
sites to one (1) or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
Camouflage means to disguise, hide, or integrate with an existing or proposed
structure or with the natural environment so as to be significantly screened from view.
Co-locate means use of a WTF by more than one(1) service provider.
COW means cell on wheels or Cellular on Wheels.
EIA means Electronic Industries Association.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Guyed tower means a wireless communication support structure which is
typically over one hundred (100) feet tall and is steadied by wire guys in a radial
pattern around the tower.
i30 Permit Processing
Height means,when referring to a tower or other WTF, the distance measured
from the finished grade of the parcel at the base of the WTF to the highest point on the
tower or other WTF,including the base pad and any antennas.
Lattice tower means a support structure which consists of a network of crossed
metal braces, forming a tower which is usually triangular or square in cross-section.
Monopole tower means a support structure which consists of a single pole sunk
into the ground and/or attached to a foundation.
Non-whip antenna means an antenna that is not a whip antenna, such as dish
antennas, panel antennas, etc.
Preexisting WTF means any WTF for which a building permit has been
properly issued prior to July 7, 1997, including permitted WTFs that have not yet been
constructed, so long as that permit or approval has not expired.
Telecommunications means the transmission, between or among points
specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received.
Telecommunications service means the offering of telecommunications for a
fee directly to the public, or to such classes of users as to be effectively available
directly to the public,regardless of the facilities used.
Tower means any structure that is designed and constructed primarily for the
purpose of supporting one (1) or more antennas for telecommunications, telephone,
radio and similar communication purposes. The term includes the structure, all
structural supports, and all related buildings and appurtenances.
Whip antenna means an omnidirectional dipole antenna of cylindrical shape
that is no more than six (6) inches in average diameter. _
Wireless telecommunications facility or WTF includes "personal wireless
service", "personal wireless service facilities", and "facilities" as defined in Title 47,
United States Code, Section 332(c)(7)(C), including all future amendments, and also
includes facilities for the transmission and reception of radio or microwave signals
used for communication, telecommunication, cellular phone personal communications
31 Permit Processing
services, enhanced specialized mobile radio, and any other services licensed by the
FCC, and also includes any other unlicensed wireless services.
C. Applicability.
1. New uses. All WTF proposals made in the city, whether for new
construction or for modification of existing facilities, shall be subject -to the
regulations set forth in this code, except as provided in subsection(D).
D. Exemptions. The following are exempt from the provisions of this section and
are allowed in all zoning districts.
1. Existing Uses. WTFs that currently exist on July 7, 1997, or for which
a valid building permit has been obtained and remains in effect on July 7, 1997, except
this exemption does not apply to modifications of existing facilities.
2. Industrial/scientific equipment. Industrial processing equipment and
scientific or medical equipment using frequencies regulated by the FCC.
3. Amateur radio station operators or receive-only antennas. Any tower
or antenna that is under seventy (70) feet in height and is owned and operated by a
federally licensed amateur radio station operator or is used exclusively for receive-
only antennas.
4. Home satellite services. Satellite dish antennas less than two (2) meters
in diameter, including direct-to-home satellite services, when used as a secondary use
of the property.
5. COW. A COW or other temporary WTF, but its use anywhere in the
city cannot exceed thirty (30) days, unless extended by permit issued by the planning
dir-eetermpa er or unless the city has declared an area-wide emergency.
6. Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to,the regional 911 system.
E. General.
1. Principal or accessory use. WTFs may be considered either principal
or accessory uses. A different use of an existing structure on the same lot shall not
preclude the installation of WTFs on that lot.
32 Permit Processing
2. Not essential services. WTFs shall be regulated and permitted pursuant
to this section and shall not be regulated or permitted as essential public services.
F. General requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or add to
an existing WTF shall demonstrate to the city's satisfaction that the proposed facility
is located at the least obtrusive and the most appropriate available site to function in
the applicant's grid system.
2. FCC licensing. The city will only process WTF permit applications
upon a satisfactory showing of proof that the applicant is an FCC licensed
telecommunications provider or that the applicant has agreements with an FCC
licensed telecommunications provider for use or lease of the facility.
3. Compliance with other laws. Applicants must show, to the satisfaction
of the planning dir-esteananaQer, compliance with current FCC and FAA rules and
regulations and all other applicable federal, state, and local laws,rules and regulations.
4. Lot size. For purposes of determining whether the installation of WTFs
complies with district development regulations including, but not limited to, setback
requirements, lot-coverage requirements, and other requirements, the dimensions of
the entire lot shall control, even though the WTFs may be located on leased parcels
within that lot.
5. Height. Unless further restricted or expanded elsewhere in this section,
no WTFs may exceed the following height and usage criteria:
(a) For a single user,up to ninety(90) feet in height; and
(b) For two (2) or more users, up to one hundred twenty (120) feet
in height.
6. Security fencing. WTFs shall be enclosed, where appropriate, by
security fencing not less than six (6) feet in height; provided however, that the
planning direeter7manaQer or, where applicable, the hearing examiner may waive these
requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant
materials that effectively screens the view of the WTF compound; provided, however,
33 Permit Processing
that the planning drfeetemmanaQer or, where applicable, the hearing examiner may
waive these requirements if the goals of this section would be better served.
8. WTFs mounted on structures or rooftops. WTFs mounted on existing
structures or rooftops shall be designed and located so as to minimize visual and
aesthetic impacts to the adjoining land uses and structures and shall, to the greatest
extent practical,blend into the existing environment.
9. Aesthetics. WTFs shall meet the following requirements:
(a) WTFs shall be painted a neutral color so as to reduce visual
obtrusiveness.
(b) At a WTF site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening, and landscaping
that will blend into the existing natural and constructed environment.
10. Lighting. Towers shall not be artificially lighted, unless required by the
FAA or other applicable authority. If lighting is required for any WTF, the lighting
must cause the least disturbance to the surrounding area.
11. Measurement. For purposes of measurement, WTF setbacks and
separation distances shall be calculated and applied irrespective of municipal and
county jurisdictional boundaries.
12. Franchises, licenses, and permits. Owners and/or operators of WTFs
shall certify that they have obtained all franchises, licenses, or permits required by law
for the construction and/or operation of a wireless telecommunication system in the
city and shall file a copy of all required franchises, licenses, and permits with the
planning difeeteFinanager.
13. Signs. No signs shall be allowed on an antenna or tower.
14. Backhaul providers. Backhaul providers shall be identified and they
shall have and maintain all necessary approvals to operate as such, including holding
necessary franchises, permits, and certificates. The method of providing backhaul,
wired or wireless, shall be identified.
i34 Permit Processing
G. Tower requirements.
• 1. Tower setbacks. All towers, support structures and accessory buildings
must satisfy the minimum setback requirements for that zoning district.
2. Support systems setbacks. All guywires, anchors, and other support
structures must be located within the buildable area of the lot and not within the front,
rear, or side yard setbacks and no closer than five(5) feet to any property line.
3. Monopole construction required. All towers will be of a tapering
monopole construction; however, the planning direste-manager or, where applicable,
the hearing examiner may allow another type tower upon a showing that it would
cause less impact to the surrounding property than a similar monopole structure or
would further the purposes and goals in this section.
4. Inventory of existing sites. Each applicant for a tower shall provide an
inventory of its existing WTF sites that are either within the jurisdiction of the city or
within one (1) mile of its borders, including specific information about the location, ,
height, and design of each facility.
5. EM standards. Towers shall be constructed so as to meet or exceed the
most recent EIA standards. Prior to issuance of a building permit, the building official
shall be provided with an engineer's certification that the tower's design meets or
exceeds those standards.
6. Site selection and height. Towers shall be located to minimize their
number and height and to minimize their visual impacts on the surrounding area in
accordance with the following policies:
(a) Ensure that the height of towers has the least visual impact and
that the height is no greater than necessary to achieve service area requirements and to
provide for potential co-location; and
(b) Demonstrate that the owner or operator has, to the greatest
extent practical, selected a new tower site that provides the least visual impact on
residential areas. This shall include an analysis of the potential impacts from other
vantage points in the area to illustrate that the selected site and design provides the
best opportunity to minimize the visual impact of the proposed facility.
35 Permit Processing
(c) Site so as to minimize being visually solitary or prominent
• when viewed from surrounding areas, especially residential areas. The facility should
be camouflaged to the maximum extent feasible.
7. Co-location priority. Co-location of antennas by more than one (1)
carrier on existing towers is preferred to construction of new towers; provided, that the
co-location is consistent with the following:
(a) Redesign restrictions. A tower that is modified or reconstructed
to accommodate the co-location of an additional antenna shall be of the same tower
type as the existing tower, or of a less obtrusive design (such as a monopole), if
practical.
(b) Height. Except as may be modified in subsection (I)(1)(a), an
existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30)
feet over the tower's existing height or one hundred twenty (120) feet, whichever is
lower, to accommodate the co-location by another provider or operator of an
additional antenna system in any district except DC, DCE, NCC and all SR districts.
This additional height shall not require an additional distance separation.
(c) Onsite relocation. A tower that is being rebuilt to accommodate
the co-location of an additional antenna may be relocated on its existing site within
fifty (50) feet of its existing location. If consistent with the purposes and goals in
subsection (A), the planning direete-manage r or, where applicable, the hearing
examiner, may permit the onsite relocation of a tower which comes within the
separation distances to residential units or residentially zoned lands.
8. Separation distances between towers. Separation distances between
towers shall be measured between the proposed tower and preexisting towers.
Measurement shall be from base of tower to base of tower, excluding pad, footing or
foundation. The separation distances shall be measured by drawing or following a
straight line between the nearest point on the base of the existing tower and the
proposed tower base, pursuant to a site plan of the proposed tower. The separation
distances (listed in linear feet) shall be as shown in Table 1, unless the distance is
• 36 Permit Processing
reduced by the planning direetermana er when administratively approving a WTF or
• by the hearing examiner through issuance of a conditional use permit.
Table 1
Monopole Monopole less
Lattice Guyed 75 feet in than 75 feet in
height or height
greater
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole 75 1,500 1,500 1,500 750
feet in height
or greater
Monopole less 750 750 750 750
than 75 feet in
height
H. Administratively approved WTFs. The planning direetermanaQer may
administratively approve the uses listed in this subsection, once each applicant has
applied for and provided all necessary information required in this code and in the
city's application form. This administrative approval is classified as a Process I
application and is subject to the requirements of Ch. 12.01 KCC.
city-reeeives a eenmplete, valid, and .1. v� • d 1' et:, ,.tanning
rr �� the
flip tAr- 1 it either- •ti, d•t'
rr , rr
rove ens, or- deny the appheatiefl. if the
planning dir-eeter- fails t approve er- d the 1' t' •tl,' this •h frIca
J er
d_ _ then a_ _t:__.._ _hall be deemed - d �Mless the time f
t t• is extended by O' t of the :ty an'.thee pli «t
12. Administratively approved uses. The following uses may be approved
by the planning direetermanaQer after conducting an administrative review:
37 Permit Processing
1 •.
• (a) Industrial/commercial zones. Locating WTFs, including the
placement of additional buildings or other supporting equipment used in connection
with WTFs, that do not exceed ninety (90) feet in height for a single user and one
hundred twenty(120) feet in height for two (2) or more users in the following districts:
MA; M1; MI-C;M2;M3; CM-1; CM-2; GC; and GWC.
(b) Antennas on existing structures. Locating a WTF other than a
tower as an accessory use by attachment to any building or structure other than a
single-family dwelling or multifamily structure of fewer than eight (8) dwelling units
in any zoning district provided:
(i) The antenna does not extend more than twenty (20) feet
above the highest point of the structure if a whip antenna, or ten (10) feet above the
highest point of the structure if a non-whip antenna; and
(ii) The antenna complies with all applicable building codes;
and
(iii) All associated equipment is placed either within the
• same building or in a separate structure that matches the existing building or structure
in character and materials.
(c) WTFs on existing towers. Locating a WTF through co-location
by attaching the antenna to an existing tower.
(d) WTFs within allowable building height. Locating WTFs,
including placement of additional buildings or other supporting equipment used in
connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-I districts, so
long as the WTF does not exceed the allowable building height for that district.
(e) COWS for greater than thirty (30) day periods. Upon a proper
showing of extreme necessity (for example, if repair or modification of an existing
WTF clearly and legitimately cannot be completed within thirty (30) days), locating a
COW at a single location for more than thirty (30) calendar days; however, purely
economic convenience shall not be considered a viable factor in making this
determination.
• 38 Permit Processing
23. Authority to waive certain requirements. in connection with this
• administrative approval, the planning dir-eeteUnana er may, in order to encourage
camouflaging and co-location of WTFs, administratively waive separation distance
requirements between WTFs by up to fifty (50) percent in nonresidential zones.
Additionally, the planning dir-ee-te�nanaQer may, in order to encourage the use of the
least obtrusive type of WTF, administratively allow the reconstruction of an existing
WTF to that less obstructive use.
An appeai from a final decision of the i a eter- shall
be applieable te the hearing examiner-in aeeer-danee with the r-equir-einen�s of Chr
KCC a KOC i ni ion
I. Conditional use permits. Applications for conditional use permits under this
subsection shall be subject to the procedures and requirements of KCC 15.09.030 and
Ch. 12.01 KCC, except as modified by this subsection. If the WTF is not subject to
administrative approval pursuant to subsection (H), then a conditional use permit shall be required.
1. Conditional WTF uses. Specifically, conditional use permits shall be
• required for the following WTFs:
(a) Industrial/commercial zones. Locating WTFs that exceed
ninety(90) feet in height for a single user or one hundred twenty(120) feet for two (2)
or more users or locating antennas on existing structures that exceed the height
limitations in subsection (H)(2)(b) in the following districts: MA; Ml; Ml-C; M2;
M3; CM-1; CM-2; GC; and GWC.
(b) Government property. Locating WTFs (1) separate from
existing structures on property owned, leased, or otherwise controlled by the city or
other governmental entity or (2) attached to existing structures on property owned,
leased or otherwise controlled by the city or other governmental entity exceeding the
height limitations in subsection (H)(2)(b), but only on the condition that the total
height, of the attached WTF, including the structure, does not exceed one hundred
twenty (120) feet, unless permitted under subsection (I)(1)(a); however, this
subsection shall not apply in DC,DCE, and NCC districts.
. 39 Permit Processing
(c) WTFs exceeding allowable building height. Locating WTFs
ithat exceed the allowable building height in the following districts: O; CC; MRG;
MRM; MRH; AG; and Al.
(d) Tower construction tinder allowed separation distances.
Locating towers that do not meet the separation distance requirements in subsection
(G)(8) or that do not meet administratively approved separation distance limits.
2. Factors considered in granting conditional use permits for towers. In
addition to KCC 15.09.030(D), the hearing examiner shall also consider the following
factors when considering a CUP application for WTF towers:
(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and residential
district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography; '
(e) Surrounding tree coverage and foliage;
(f) Design of the tower, with particular reference to design
• characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) Availability of suitable existing towers, other structures, or
alternative technologies not requiring the use of towers or structures.
(h) Obstruction of or interference with views.
(i) Consistency with purpose and goals set forth in subsection (A)
of this section.
3. Availability of suitable existing towers, other structures, or alternative
technology. No new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the hearing examiner that no existing tower, structure, or
alternative technology that does not require the use of towers can accommodate the
applicant's proposed WTF. An applicant shall submit information requested by the
hearing examiner related to the availability of suitable existing towers, other structures
or alternative technology. Evidence submitted to demonstrate that no existing tower,
40 Permit Processing
structure or alternative technology can accommodate the applicant's proposed WTF
. may consist of any of the following:
(a) No existing WTF is located within the geographic area that
meets applicant's engineering requirements.
(b) Existing WTFs are not of sufficient height to meet applicant's
engineering requirements.
(c) Existing WTFs cannot practically be reconstructed to provide
sufficient structural strength to support applicant's proposed antenna and related
equipment.
(d) Electromagnetic interference would occur between two (2) or
more WTF systems.
(e) The fees, costs, or contractual provisions required by the owner
in order to share an existing WTF or to adapt an existing WTF for co-location are
unreasonable. Fees or costs that exceed new WTF development shall not be presumed
to render sharing facilities unsuitable.
(0 Other limiting factors render existing WTFs unsuitable.
(g) An alternative technology that does not require the use of
towers or structures would be unsuitable. Costs of alternative technology that exceed
new WTF development shall not be presumed to render the technology unsuitable.
4. Separation requirements. The hearing examiner may reduce tower
separation distance requirements, including administratively approved separation
distance reductions, if the purposes and goals of this section would be better served;
however, development of multiple tower locations on a single site (often referred to as
"antenna farms") are specifically discouraged wherever possible.
J. Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any abandoned
tower shall notify the city's planning dir-eete-manage in writing, of that abandonment
and shall remove the same within ninety (90) calendar days. Failure to remove an
abandoned tower within ninety (90) calendar days shall be grounds to remove the
tower at the owner's expense. If there are two (2) or more users of a single tower,
• 41 Permit Processing
then the city's right to remove the tower shall not become effective until all users
• abandon the tower.
2. Partial abandonment and removal. If the antennas on any tower are
removed or relocated to a point where the top twenty (20) percent or more of the
height of the tower is no longer in use, the tower shall be deemed partially abandoned.
The owner or operator of any partially abandoned tower shall notify the city's
planning d��anaQer, in writing, of that partial abandonment and shall remove the
partially abandoned portion within ninety (90) calendar days. Failure to remove a
partially abandoned tower within ninety(90) calendar days shall be grounds to remove
the abandoned portion of the tower at the owner's expense.
3. Security and lien. Each applicant, prior to commencement of
construction, shall post sufficient security in the form of a bond, assignment of funds,
cashier's check, or cash, in a form acceptable to the city, to cover the estimated cost of
demolition or removal of the tower and support structures, including complete site
restoration. If for any reason the posted funds are not adequate to cover the cost of
removal, then the city may charge the facility owner or operator with the city's total
• cost incurred in removing the abandoned structures. If the owner or operator fails to
make full payment within thirty (30) calendar days, then the amount remaining unpaid
shall become a lien on the facility property.
K. Nonconforming uses.
1. Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance shall be permitted. Any
construction other than routine maintenance on a preexisting tower shall comply with
the requirements of this section.
2. Damage or destruction not the fault of owner/occupant. Bona fide
nonconforming WTFs that are damaged or destroyed without fault attributable to the
owner or entity in control may be rebuilt without first having to obtain administrative
approval or a conditional use permit and without having to meet separation
requirements. The type, height, and location of the tower onsite shall be of the same
type and intensity as the original facility. Building permits to rebuild the facility shall
42 Permit Processing
t ' 1
comply with applicable building codes and shall be obtained within one hundred
• eighty (180) days from the date the facility is damaged or destroyed. If no permit is
obtained or if the permit expires, the tower or antenna shall be deemed abandoned as
specified in subsection(J).
SECTION 6. Section 15.09.042 of the Kent City Code, entitled
"Administrative variances,"is hereby amended to read as follows:
See. 15.09.042. Administrative variances.
A. Scope. The planning mana erdk-ect shall have the authority to grant an
administrative variance for up to twenty-five (25)percent of the numerical zoning code
standard for setbacks, lot coverage, and building height as provided in this title.
B. Application. The owner or his/her agent may make application for an
administrative variance, which shall be on a form prescribed by the planning
rnanagerdireetef and filed with the planning department. An administrative variance is
classified as a Process II application and shall be subject to the applicable requirements
of Ch. 12.01 KCC. The planning mana erdireetef shall review applications for
completeness, and a notice of completeness will be issued within twenty-eight (28)
calendar days after submittal. Those applications deemed incomplete shall be returned
t/o� the applicant for further action in accordance with the provisions of KCC 12.01.100.
pending
r-eview. shall be ma
> ith >
ef Y
Y •� r
sha
11 have ten (1 m ealeadaF da3q to agpreve,
applisation,
CD. Conditions for granting an administrative variance. The planning
managerdireeter may grant an administrative variance if it is shown that:
1. The administrative variance does not detract from the desired character
and nature of the vicinity in which it is proposed;
• 43 Permit Processing
r
2. The administrative variance enhances or protects the character of the
• neighborhood or vicinity by protecting natural features, historic sites, open space, or
other resources;
3. The administrative variance does not interfere with or negatively impact
the operations of existing land uses and all legally permitted uses within the-zoning
district it occupies; and
4. . Granting the administrative variance does not constitute a threat to the
public health, safety and welfare within the city.
r-e
The ity hearingexaminer- L. hold11e a appeal 1, g to enside
SECTION 7. —Severabiliy. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
• shall remain in full force and effect.
SECTION 8. — Effective Date. This ordinance shall take effect and be
in force thirty(30) days from and after passage as provided by law.
MA WHITE,MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
• 44 Permit Processing
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