HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 08/24/2015 ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
KENt � Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
LAND USE & PLANNING BOARD
WORKSHOP AGENDA
AUGUST 24, 2015
7:00 PM
BOARD MEMBERS: Randall Smith, Chair; Barbara Phillips, Vice Chair; Frank
Cornelius; Navdeep Gill; Katherine Jones; Jack Ottini and Binoy Varughese
CITY STAFF: Planning Services: Charlene Anderson, Long Range Planning
Manager; Hayley Bonsteel, Planner/GIS Coordinator
This is to notify you that the Land Use and Planning Board will hold a Workshop on
MONDAY, AUGUST 24, 2015 at 7:00 P.M. The workshop will be held in Kent City
Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA.
No public testimony is taken at LUPB workshops; however, the public is welcome to
attend. The workshop agenda includes the following item(s):
1. Accessory Dwellina Units (ADU) Zonina Code Amendment rZCA-2015-31
Discussion of proposed code amendment options for ADUs and other accessory
structures- Hayley Bonsteel
2. Assisted Living Facilities Zonina Code Amendment FZCA-2015-41
General Discussion - Hayley Bonsteel
For documents pertaining to the Land Use and Planning Board, access the City's website at:
http:lAentwa.i(lm2.com/citizenslDefau/t.aspx?DepartmentlD=1004.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance
at (253) 856-5725. For TTY/TDD service call the Washington Telecommunications Relay Service at
(800) 833-6388. For general information, contact Economic & Community Development
Department, Planning Division at(253) 856-5454.
1
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
�MT IKtN'B
Fax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Aug 17, 2015
TO: Chair Randall Smith and Land Use & Planning Board Members
FROM: Hayley Bonsteel, Planner & GIS Coordinator
RE: Accessory Dwelling Unit Zoning Code Amendment (ZCA-2015-3)
For Aug 24, 2015 Workshop
SUMMARY:
At the June 81h 2015 Economic and Community Development Committee meeting,
staff received direction to explore broadly the City's accessory dwelling unit
standards and related regulations. At the June 22nd Land Use and Planning Board
workshop, staff discussed the current code, local examples, and next steps to both
address the zoning code amendment request as well as the broader issues
regarding accessory structures. Code amendment options have now been drafted
and staff will present these options as well as more background research at the
workshop.
BACKGROUND:
Docket #DKT-2014-1 requested a zoning code amendment for ADUs because the
current application of ADU regulations does not allow a detached garage and
detached ADU to be in the same structure without significant size restriction. There
is also a larger issue of standards managing accessory structures on residential lots
and staff has written code amendment options to address these issues. Staff also
surveyed existing ADU homeowners and will be available at the Aug 24th workshop
to discuss the project.
See attached code amendments.
HB:pm P:�Plammng�LUPB�2015lMeeting Documents�8-24-15 Workshop�ADU Memo_LUPB_82415.doc
Encl: Code Amendments
cc: Charlene Anderson,AICP, Planning Manager
3
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending portions of
Chapters 15.02, 15.04 and 15.08 of the Kent City
Code, pertaining to accessory dwelling units. (DKT
2014-1).
RECITALS
A. Pursuant to RCW 36.70A.470, the Growth Management Act
(GMA) requires that the City establish a" docketing process as a means for
the public to suggest changes or identify deficiencies in City plans and
regulations. The docketing process is set forth in Section 12.02.025 of the
Kent City Code (KCC).
B. On August 26, 2014, a docket item was submitted to the City,
requesting a. change to how square footage is calculated for accessory
dwelling units built on other accessory structures. Staff recommended the
docket item be included in the 2014 work program for the Economic and
Community Development Department.
C. On November 10, 2014, the Economic and Community
Development Committee passed a motion accepting the staff
recommendation to approve the 2014 Annual Docket Report as presented.
1 Ordinance Amending
KCC 15.02, 15.04 and 15.08
4
D. On November 18, 2014, the City Council authorized the Mayor
to accept the Economic and Community Development Committee
recommendations on the 2014 Annual Docket Report.
E. An accessory dwelling unit (ADU) is defined as: "a habitable
dwelling unit added to, created within, or detached from and on the same
lot with a single-family dwelling that provides basic requirements for living,
sleeping, eating, cooking, and sanitation." KCC 15.02.003.
F. Accessory dwelling units increase the supply ;,of affordable
rental units through better use of existing single-family housing stock, and
provide for more flexible housing options.
G. On the City. provided the required sixty day
notification under RCW 36.70A.106 to the Washington State Department of
Commerce regarding the City's proposed amendments. Comments were
received and considered.'
H. On the City conducted and completed
environmental review underthe State Environmental Policy Act (SEPA).
I. On June 8, 2015, staff presented options for the work plan for
Docket 2014-1 to the Economic and Community Development Committee.
The Committee ,requested that staff pursue several related issues,
including how to regulate other accessory buildings and manage bulk.
J. Staff presented information regarding Docket 2014-1 to the
Land Use and Planning Board ("LUPB") at a special workshop meeting on
August 24, 2015.
2 Ordinance Amending
KCC 15.02, 15.04 and 15.08
5
K. On September 28, 2015, after holding a public hearing, the
LUPB made its recommendations regarding the proposed code
amendments required to implement the policies contained in Docket 2014-
1 to the City Council.
L. The Economic and Community Development Committee
considered the recommendations of the LUPB at its regularly-scheduled
meeting on October 12, 2015, and recommended to the full City Council
passage of the proposed code amendments.
M. At its regularly scheduled meeting on
the City Council voted to adopt the amendments to portions of Chapters
15.02, 15.04 and 15.08 of the Kent City Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION" 1. - Amendment. Section 15.02.003 of the Kent City
Code is hereby amended as follows:
Sec. 15.02.003. Accessory dwelling unit (ADU). An accessory
dwelling unit (ADU) is a habitable dwelling unit added to, created within, or
detached from and on the same lot with a detached single-family dwelling
that provides basic requirements for living, sleeping, eating, cooking
(includina a stove), and sanitation.
SECTION 2. - Amendment. Section 15.02.005 of the Kent City
Code is hereby amended as follows:
3 Ordinance Amending
KCC 15.02, 15.04 and 15.08
6
Sec. 15.02.005. Accessory use or structure. Accessory use or
structure means a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Accessory structures include, but are not limited to: garages; accessory
dwellina units; auest cottages; sheds; storage buildings; and workshops.
SECTION 3, - Amendment. Section 15,02.130 of the Kent City
Code is hereby amended as follows:
Sec. 15.02.130 Dwelling unit. Dwelling unit means one {�}
room, or rooms connected together, constituting a •separate, independent
housekeeping establishment for owner occupancy, or rental or lease on a
weekly, monthly, or longer basis, and physically separated from any other
rooms or dwelling units which may be in the same structure or on the
same property, and containing independent cooking (including a stove)
and sleeping facilities.
SECTION 4, - Amendment, Section 15.02.155 of the Kent City
Code is hereby amended as follows:
Sec. 15.02.155..; Garage or carport, private. Private garage or
carport means a building, or a portion of a building, principally for
vehicular equipment such as automobiles, boats, etc., --` •_,._.. `"-- en
thousand (1,000) squaFe feet on , in which only meter vehicles used by
the tenants of the buildings on the premises are stored or kept.
SECTION 5, - Amendment. Section 15.04.020 of the Kent City
Code is hereby amended as follows:
4 Ordinance Amending
KCC 15.02, 15.04 and 15.08
7
Sec. 15.04.020. Residential land uses.
Zoning Distncts
Key
P-Principally
Permitted Uses
S=Special Uses
C-Conditional
Uses
A=Accessory Uses
O F F U £ 2 d U w U U
() K K K K K K K K K K K x U U U U F F U U U U ¢ 0
Q Q N N N N N 2 2 2 2 2 2 2 Z U O O 2 2 2 U U U' O R 2 2 2 U'
One single-family P P P P P P P P P P P P P P A A A A
dwelling per lot (1) (1) (1) (1)
P P P P
One duplex perlot (2 (2 (2
]) ]) ])
One modular home P P P P P P P P P P P P
perlot
P P P P P P P P P
Duplexes (2 (2 (2 (2
P P P P P P P P P P P P P P P P C
Multifamily S S S (1 (1 (2) U) (2) (2) (1
townhouse units r) r) r) 9) 9) C 5)
(2 0) 0)0)
P P P P P P P P P P P P P C
Multifamily (2 (2 (2) (4) (2) (2) (1
dwellings 6) 6) C 5)
(5)
Mobile homes and P
manufactured
homes
P P P P P P P
Mobile home parks (1 (1 (1 (1 (1 (1
3) 3) 3) 3) 3) 3)
Group homes P P P P P P P P P P P P P P P P P C P P P P C P
class I
Group homes P P P P P P P P P P C P P C C C P
class FB
Group homes C C C C C C C C C C C C C C C C C
class1FA
Group homes C C C C C C C C C C C C C C C C C
class1FB
Group homes C C C C C C C C C C C C C C C C C
class1FC
Group homes C C C C C C C C C C C C
class III (2 (2 (2 (2 (2 (2 (2 (2 (2 (2 (2 (2
3) 3) 3) 3) 3) 3) 3) 3) 3) 3) 3) 4)
Rebuild/accessory P P P P P P P P P P P P P P P P P P
uses forexisting (6) (6) (6) (6) (G (G (G (G (G (G (G (G (G (G (G (G (G (G
dwellings
P P P P P P P P P P P P C
Transitional (2 (2 (2 (2) (4) (7) (7) (2) (1
9
housln 9) 9) 9) C C C(3 5)
(5) (3
6) 6)
A A r� A A A A A - A
f� A A f�
f�
5 Ordinance Amending
KCC 15.02, 15.04 and 15.08
8
Zoning Distncts
Key
P=Pnnapally
Permitted Uses
S=Special Uses
C=Conditional
Uses
A=Accessory Uses
O F F
2 2 2 0 0 0 U F F U U U U Q 0
2 Z U O O M M M U U U' O M M M M U'
44 44 44 44 44 44 44 44
Rooming and A A A A A A A A A A
boarding of not
more than three
(3)persons
Farm worker A A A A
accommodations (1 (6) (1 (6)
Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
andis i4ags Let Let Let Let Let (1 (1 (1 (1 (1 (1
structures (1 (1 (1 (1 (1 e) e) e) e) e) e)
customanly e) e) e) e) e)
appurtenant to a
permitted use
Accessory dwelling A A A A A A A A A A A A A A A A A A A A
units and Ll M M M M M M M L) M L M 4 4 4 4 L L 4 4
14
cotteaes 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) PI 6) M 01
Accessory living A A A A A A A A A A A A A A A A A
quarters 4) 4) 4) 4) Lt Lt Lt 4) 4) 4) 4) 4) 4) 4) 4) 4) 4)
4) 4) 4) 4) 41 41 4} 4) 4) 4) 4) 4) 4) 4) 4) 4) 4)
P
Live work units (2
e)
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
Home occupations
1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1) 1)
Service buildings A
Storage 9eiis Eqg A A A A A A A A A A A A A
Fof (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1 (1
recreational 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6) 6)
vehicles
Drive-in churches c c c c c c c c c c c c c c c c c c c c c c c c c c c c c
Emergency c c c c c c c c c c c c c c c c
housing,
emergency shelter
c c c c c P P P P P P P P P c c P P c
Assisted living (2 (2 (2 (2) (4) (2) (2) (1
facilities 9) 9) 9) c 5)
(s)
Reslidentia c c P P P
P P(
P P P c c P P c
facitis with (52) (52) (2 (2) (4) (2) (2) (1
health care 9) s) 5)
PP P P P PDesignated P P P P P P P
manufactured (2 (2 (2 (2 (2 (2 (2 (2 (2
home 5) 5
SECTION 6, - Amendment. Section 15.04.030 of the Kent City
Code is hereby amended as follows:
6 Ordinance Amending
KCC 15.02, 15.04 and 15.08
9
Sec. 15.04.030. Residential land use development
conditions.
1. Dwelling units, limited to not more than one (1) per establishment,
for security or maintenance personnel and their families, when located on
the premises where they are employed in such - capacity. No other
residential use shall be permitted.
2. Multifamily residential uses, or other residential facilities where
allowed, shall be permitted only in the mixed use overlay when included
within a mixed use development.
3. [Reserved].
4. Multifamily residential uses, or, other residential facilities where
allowed, when established in buildings with commercial or office uses, and
not located on the ground floor.
5. Kultifamily 'residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired, and otherwise changed
for human occupancy. Accessory -us buildings for existing dwellings may
be constructed. `
fences-., subiect to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of twenty (20)
residents at any one (1) time and four (4) resident staff.
7 Ordinance Amending
KCC 15.02, 15.04 and 15.08
10
8. Gbiesthebises pet Fented er etheFWise eendbieted as a
busines-.sAccessory structures composed of at least two walls and a roof,
not includina accessory uses or structures customarily appurtenant to
aaricultural uses, are subiect to the provisions of KCC 15.08.160.
9. Farm dwellings appurtenant to a principal agricultural use for the
housing of farm owners, operators, or employees, but-not,accommodations
for transient labor.
10. Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling,uhits are allowed onlyoh the same
lot with a principally permitted detached single-family dwelling unit, and
are subject to the provisions of KCC 15.08.160 and 15.08.350.
11. Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
12. [Reserved].
13. Subject to th'e combining ,district requirements of the mobile home
park code,,, Chapter 1105 KCC:,
14. Accessory „living, quarters are allowed per the provisions of KCC
15.08.359.
15. Multifamily residential use, or other residential facilities where
allowed, shall be permitted as a conditional use only when included in a
mixed use development.
8 Ordinance Amending
KCC 15.02, 15.04 and 15.08
11
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential"zones.
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, 0, O-MU, NCC, CC, GC, DC, or
DCE.
20. All multifamily townhouse developments in the MR-T zone shall be
recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
21. .;-kbjje .} 1 KGG ' 08.160(ATand(E`TAccesserybuildings.
vao ccc co ,�t..c xv.o
r Ruse rued l.
22. Ones} duplex per lot is permitted.
23. Secure community transition facilities are permitted only in the GWC
zoning district.
24. Class II and class III group homes, other than secure community
transition facilities, are not allowed in this zoning district. A secure
community transition facility shall also comply with applicable state siting
9 Ordinance Amending
KCC 15.02, 15.04 and 15.08
12
and permitting requirements pursuant to Chapter 71.09 RCW. Secure
community transition facilities are not subject to the siting criteria of KCC
15.08.280 for class III group homes, but they are subject to a six hundred
(600) foot separation from any other class II or III group home. In no case
shall a secure community transition facility be sited adjacent to,
immediately across the street or parking lot from, or within the line of
sight of risk potential activities or facilities in existence at.the time a site is
listed for consideration. Within line of sight means that it is possible to
reasonably visually distinguish and recognize individuals. For the purposes
of granting a conditional use permit for siting a secure community
transition facility, the hearing examiner shall consider an unobstructed
visual distance of six hundred (600) feet to, be "within line of sight." During
the conditional use permit process for a secure community transition
facility, "line of sight" may be considered to be less than six hundred (600)
feet if the applicant can demonstrate that visual barriers exist or can be
created that would reduce the line of sight to less than six hundred (600)
feet. This distance shall be measured by following a straight line, without
regard to intervening buildings, from the nearest point of the property or
parcel upon which the proposed use ,is to be located, to the nearest point
of the parcel or property or the land use district boundary line from which
the proposed use is to be separated. For the purpose of granting a
conditional; use permit for a secure community transition facility, the
hearing examiner shall give great weight to equitable distribution so that
the city shall not be'subject to a disproportionate share of similar facilities
of a state-wide, regional, or county-wide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
10 Ordinance Amending
KCC 15.02, 15.04 and 15.08
13
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space
from the bottom of the home to the ground shall be enclosed by concrete
or an approved concrete product that can be either . load bearing or
decorative;
C. The designated manufactured home shall comply with all city
design standards applicable to all other single-family homes;
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code, and
e. The designated manufactured hone shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160.
26. Multifamily dwellings shall be allowed only within the Kent downtown
districts outlined in the Downtown Strategic Action Plan and shall be
condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or
similar dwelling units with ownership interest and recorded as such prior to
approval of a certificate of occupancy by the city.
27. Within subdivisions, as defined by KCC 12.04.025, vested after
March 22, 2007, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007, twenty-five (25) percent of
the total number of permitted dwelling units may be duplex or triplex
townhouse structures.
11 Ordinance Amending
KCC 15.02, 15.04 and 15.08
14
28. Live-work units; provided, that the following development standards
shall apply for live-work units, in addition to those set forth in KCC
15.04.190:
a. The unit shall contain a cooking space and sanitary facility in
conformance with applicable building standards;
b. Adequate and clearly defined working space must constitute
no less than fifty (50) percent of the gross floor area of the live-work unit.
Said working space shall be reserved for.and regularly used by one (1) or
more persons residing there;
C. At least one (1) resident.in each live-work unit shall maintain
at all times a valid city business license for a,business on the premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e.' Customer and client visits are allowed when the required
parking is.provided;
f. No portion of a live-work unit may be separately rented or
sold as a commercial space for a person or persons not living on the
premises, or as a residential space for a person or persons not working on
the premises;
g. The multiple-family design guidelines and development
standards do not apply to live-work units;
12 Ordinance Amending
KCC 15.02, 15.04 and 15.08
15
h. Construct all nonresidential space, to the maximum allowed,
to commercial building standards; and
i. Provide an internal connection between the residential and
nonresidential space within each unit.
29. Subject to the maximum permitted density of the zoning district.
30. Conditional use when the number of residents exceeds twenty (20)
at any one (1) time and four (4) resident staff.
SECTION 7. - Amendment. Section 15.04040 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.040. Manufacturing land uses.
Zoning Distncts
Key
P=Principally
Permitted Uses
S=Special Uses
C=Conditional
Uses
A=Accessory
Uses
w rc rc rc rc rc rc rc rc rc rc rc x U U U U F F U £ £ U ¢
2 Z U O O 2 2 2 U U U'
Manufacturing, Z P P P P P P
Processing, 3) Z Z Z Z Z f2)
blending,and 3) 3) 3) 3) 3) (2
packaging of c 3)
food and
beverage
products
Manufacturing, P P P P P P P
processing, c )2)
blending,and (D
packaging of
drugs,
pharmaceuticals
toiletries,and
cosmetics
Manufacturing, P P P P P P P P
processing, j (2)
13 Ordinance Amending
KCC 15.02, 15.04 and 15.08
16
Zoning Distncts
Key
P=Principally
Permitted Uses
S=Special Uses
C=Conditional
Uses
A=Accessory
Uses
O F F
2 Z U O O 2 2 2 U U U' O R 2 2 U'
blending,and
packaging of
dairy products
and byproducts
Industnal v v v v v v
laundryand e) (2)
dyeing
supply
(including linen upply and o)
diaper services)
Printing, P P v c v v v v v
publishing,and (2 c (2)
allied industries �) (r)
Chemicals and c c c c
related products (4) (4) (4) (r)
Mfg
Contractor v v c v v
shops (5) (5) c (5)
e) (r) (2)
Custom ads v v v v v
and crafts c (2)
products mfg (�)
Computers, v v v
office machines (3) (3) (2)
and equipment
Mfg
Manufacturing v v v v v v v
and assembly of (3) (3) c (2)
electr Cal (�)
equipment,
appliances,
lighting,radio,
TV
communications
equipment,
and
components
Fabncated v v v v v v v
metal products c (2)
Mfg.',custom (�)
sheet metal
Mfg
containers,
hand tools,
heating
equipment,
screw products,
extrusion,
coating,and
plating
Manufacturing v v v v v v v
and assembly of (3) (3) (2 (2 (2 (2 (2)
electronic and 5) 5) 5) 5)
device al (r)
devicesiand
automotive,
aerospace,
14 Ordinance Amending
KCC 15.02, 15.04 and 15.08
17
Zoning Distncts
Key
P-Piinapally
Permitted Uses
S-Special Uses
C-Conditional
Uses
A-Accessory
Uses
O F F U' £ 2 d U W U U K U U
2 Z U O O 2 2 2 U U U' O R M M U'
missile,
airframe,and
similarproducts
n n A A A A A A A A A A A A A A
Hazardous O) O) (e) (e) (e) (e) O) O) O) O) (e) O) (r (r (r (r
substance land 2) 2) 2) 4)
C
uses
(r
s)
Offices A A A A A A A A P P P P P P
Had eHal and
necessary to
the conductofa
principally
permitted use
P P P P P P P
Warehousing (C (r (r (r (r (r (C
and distribution 2) 6) 6) 6) 6) 6) 4)
C C
facilities (6 (�)
i)
C C C P P
Rail-truck fr fr fr fr fr
3) ]) ]) e) C
transfer uses
C
(1)
Outdoor storage P P A A A A C P
(including truck A C
heavy
D
equipment,and
contractor
storage yards
as allowed by
development
standards KCC
15 04.190 and
15 04 195)
Miniwarehouses C P P C P
self storage
9)
Manufacturing C P
ofsoaps, C
detergents,and (�)
otherbasic
cleaning and
cleansing
preparations
Manufacturing C P
of plastics and C
synthetic resins (r)
Manufacturing C P
of synthetic and C
natural fiber and (�)
cloth
Manufacturing C P
of plywood C
composition (�)
wallboard,and
si milar structural
15 Ordinance Amending
KCC 15.02, 15.04 and 15.08
18
Zoning Distncts
Key
P=Principally
Permitted Uses
S=Special Uses
C=Conditional
Uses
A=Accessory
Uses
O F F
2 Z U O O 2 2 2 U U U' O 2 M M U'
wood products
Manufacturing c v
of nonmetallic c
mineral D
products such
as abrasives,
asbestos,chalk,
pumice,and
Purdy
Manufacturing c v
of heat resisting
or structural (D
day products
(brick,tile,or
pipe)or
porcelain
products
Manufacturing c v
of machinery c
and heavy (D
machine tool
equipment for
general industry
and mining,
agricultural,
cc nstruction,or
service
ndustries
Manufacturing, v v v v v
processing, (2 (2 (2 0 (2)
assembling,and o) o) o) (r)
packaging of a) a) a)
articles, (2 (2 (2
products,or e) e) e)
merchandise
made from
previously
prepared
natural or
synthetic
materials
Manufacturing, v v v v
processing, Z Z Z Z
eating,
6) 6) 6) 6)
assemblin ,and (2 (2 (2 c
g ry ry ry (D
packaging of
articles,
products,or
merchandise
from previously
prepared
ferrous,
nonferrous or
alloyed metals
Complexes v v
which include a
combination of
uses,including
a mixture of
office,storage,
16 Ordinance Amending
KCC 15.02, 15.04 and 15.08
19
Zoning Distncts
Key
P=Principally
Permitted Uses
S=Special Uses
C=Conditional
Uses
A=Accessory
Uses
O F F
2 Z U O O 2 2 2 U U U' O 2 2 2 U'
and light
manufacturing
uses
Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
and 5[W6H1fB5 (2 L L L L (9) (9) (1 (1 (1 (1 (1 (9) (9) (9) (6)
]) L L L L O) O) O) O) O)
)3
641StB�3P�5truC 31
tubes
customanly
appurtenant to a
permitted use
Impound lots C C
(1)
SECTIONS. - Amendment. Section 15.04 050 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.050 Manufacturing land use development
conditions.
1. The following uses require a conditional use permit:
a. Manufacture of such types of basic materials as follows:
(1) Gum and wood chemicals and fertilizers, and basic
industrial organic and inorganic chemicals or products such as alkalis and
chlorine, industrial and liquid petroleum, gases, cellophane, coal tar
products, dyes and dye products, impregnated products, tanning
compounds, and glue and gelatin.
17 Ordinance Amending
KCC 15.02, 15.04 and 15.08
20
(2) Hydraulic cement, concrete, gypsum, lime, carbon,
carbon black, graphite, coke, glass, and similar products.
b. Manufacture of products such as the following:
(1) Ammunition, explosives, fireworks, matches,
photographic film, missile propellants, and similar combustibles.
(2) Rubber from natural, synthetic, or reclaimed materials.
(3) Paving and roofing, materials or other products from
petroleum derivatives.
C. Refining of materials such as petroleum and petroleum
products, metals and metal ores, sugar, and fats and oils.
d. Distilling of" materials such as bone, coal, coal tar, coke,
wood, and other similar distillates.
e. Heavy metal processes, such as ore reduction or smelting,
including blast furnaces, and including drop forging, drop hammering,
boiler plate works, and similar heavy metal operations:
(1) Asphalt batching plants.
(2) Concrete mixing and batching plants, including ready-
mix concrete facilities.
(3) Rock crushing plants and aggregate dryers.
18 Ordinance Amending
KCC 15.02, 15.04 and 15.08
21
(4) Sandblasting plants.
f. Animal and food processing, including the following and
similar operations:
(1) Tanning, dressing, and finishing of hides, skins, and
fu rs.
(2) Meat and seafood products, curing, canning, rendering,
and slaughtering.
(3) Nitrating of cotton and other materials.
(4) Rendering of animal grease or tallow, fish oil, and
similar materials.
(5) Slaughtering, stockyard, feedlot, dairy, and similar
operations.
(6) " " Pickling:6nd brine curing processes.
(7) Wholesale produce markets.
g. Salvage," wrecking, and disposal activities, including the
following and similar operations:
(1) Automobile and building wrecking and salvage.
(2) Salvage of industrial waste materials such as metal,
paper, glass, rags, and similar materials.
19 Ordinance Amending
KCC 15.02, 15.04 and 15.08
22
(3) Sewage disposal and treatment plants.
(4) Dump and sump operations for such uses as rubbish,
garbage, trash, and other liquid and solid wastes.
h. Storage of the following kinds of goods:
(1) Bulk storage of oil, gas, petroleum, butane, propane,
liquid petroleum gas, and similar products, and bulk stations and plants.
(2) Used building materials, mover's equipment, relocated
buildings, impounded vehicles, and similar materials.
(3) Explosives or fireworks, except where incidental to a
principally permitted use,
(4) Fertilizer or manure.
2. Small scale, light industrial, or manufacturing operations where the
building, structure, or total operation does not encompass more than ten
thousand (14,000) square feet of area. The ten thousand (10,000) square
feet total shall include all indoor and outdoor storage areas associated with
the manufacturing operation. Only one (1) of these uses shall be allowed
per lot.
3. Small scale light manufacturing operations as follows: stamping,
brazing, testing, electronic assembly, and kindred operations where the
building, structure, or total operation does not encompass more than ten
thousand (10,000) square feet of area. The ten thousand (10,000) square
20 Ordinance Amending
KCC 15.02, 15.04 and 15.08
23
foot total shall include all indoor and outdoor storage areas associated with
the manufacturing operation. Only one (1) ten thousand (10,000) square
foot manufacturing operation shall be permitted per lot.
4. Conditional use for manufacturing of paint, but manufacturing of
paint is permitted outright in the M3 zone.
5. Contractor shops where most of the work is clime on call, and which
do not rely on walk-in trade, but where some incidental storage or semi-
manufacturing work is done on the premises, such as carpentry, heating,
electrical, or glass shops, printing, , publishing, or lithographic shops,
furniture, upholstery, dry cleaning, and exterminators.
6. Accessory uses shall not include vehicular drive-through, drive-in,
and service bay facilities.
7. For permitted uses,,, hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup, permit requirements of Ch. 11.02 KCC, subject to
the provisions of"KCC 15.08 050, except offsite hazardous waste treatment
or storage facilities, which are not permitted in this district. Fuel farm
facilities are not allowed:in AG or A-10 zones.
8. For permitted uses, hazardous substance land uses, including onsite
hazardous waste treatment or storage facilities, which are not subject to
cleanup permit requirements of Ch. 11.02 KCC and which do not
accumulate more than five thousand (5,000) pounds of hazardous
substances or wastes or any combination thereof at any one (1) time on
the site, subject to the provisions of KCC 15.08.050, except offsite
21 Ordinance Amending
KCC 15.02, 15.04 and 15.08
24
hazardous waste treatment or storage facilities, which are not permitted in
this district.
9. Includes incidental storage facilities and loading/unloading areas.
10. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
11. Including transportation and transit terminals with repair and
storage facilities, and rail-truck stations, except classification yards in the
category of "hump yards."
12. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements, of Ch. 11.02 KCC, subject to
the provisions of KCC 15.08.050. Offste hazardous waste treatment or
storage facilities are not permitted in this district, except through a special
use combining district.
13. Conditional use permit required for trucking terminals and rail-truck
transfer uses.
14. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Ch. 11.02 KCC, subject to
the provisions of KCC 15.08.050, except offsite hazardous waste treatment
or storage facilities, which require a conditional use permit in this district.
15. The following require a conditional use permit:
22 Ordinance Amending
KCC 15.02, 15.04 and 15.08
25
a. Offsite hazardous waste treatment or storage facilities,
subject to the provisions of KCC 15.08.050.
b. Any hazardous substance land use that is not an accessory
use to a principally permitted use.
16. Warehousing and distribution facilities and the" storage of goods or
products, except for those goods or products 'specifically described as
permitted to be stored only as conditional uses in the M3 district.
17. Conditional use for car loading, and distribution facilities, .and rail-
truck transfer stations.
18. Warehousing and distribution,facilities and the storage of goods or
products, including rail-truck transfer facilities.
19. Miniwarehouses; " provided, that the following development
standards shall apply for miniwarehouses, superseding those set out in
KCC 15.04.190 and 15.04.200:
e. Frontage use. The first one hundred fifty (150) feet of lot
depth, measured from the property line or right-of-way inward from the
street frontage, shall be reserved for principally permitted uses for this
district, defined by,the provisions of KCC 15.04.100(A)(1), or for the office
or onsite manager's unit, signage, parking, and access. A maximum of
twenty-five (25) percent of the frontage may be used for access to the
storage unit area; provided, that in no case shall the access area exceed
seventy-five (75) feet in width. No storage units or structures shall be
permitted within this one hundred fifty (150) feet of commercial frontage
depth.
23 Ordinance Amending
KCC 15.02, 15.04 and 15.08
26
b. Lot size. Minimum lot size is one (1) acre; maximum lot size
is four (4) acres.
C. Site coverage. Site coverage shall be in accordance with the
underlying zoning district requirements.
d. Setbacks. Setbacks shall be as follows:
(1) Front yard: Twenty (20) feet.
(2) Side yard: Ten (10) feet.
(3) Rear yard: Ten (10),feet.
e. Height limitation. The height limitation is one (1) story.
f. Outdoorstorage. No outdoor'storage is permitted.
g. Signs. The sign requirements of Ch. 15.06 KCC shall apply.
h. Off-street parking.
(1) The off-street parking requirements of Ch. 15.05 KCC
shall apply.
(2) Off-street parking may be located in required yards,
except in areas required to be landscaped.
24 Ordinance Amending
KCC 15.02, 15.04 and 15.08
27
i. Development plan review. Development plan approval is
required as provided in KCC 15.09.010.
j. Landscaping. Landscaping requirements are as follows:
(1) Front yard: Twenty (20) feet, type III (earth berms).
(2) Side yard: Ten (10) feet, type II abutting commercial
uses or districts; type I abutting residential uses or districts.
(3) Rear yard: Ten (10), feet, type II abutting commercial
uses or districts; type I abutting residential uses or districts.
For maintenance purposes, underground irrigation > systems shall be
provided for all landscaped areas.
k. Onsite manager. A resident manager shall be required on the
site and shall be responsible for maintaining the operation of the facility in
conformance with the conditions of the approval. The planning department
shall establish requirements for parking and loading areas sufficient to
accommodate the needs of the resident manager and the customers of the
facility.
I. Drive aisles. Drive aisle width and parking requirements are
as follows:
(1) Fifteen (15) foot drive aisle and ten (10) foot parking
aisle.
(2) Parking for manager's quarters and visitor parking.
25 Ordinance Amending
KCC 15.02, 15.04 and 15.08
28
M. Building lengths. The horizontal dimension of any structure
facing the perimeter of the site shall be offset at intervals not to exceed
one hundred (100) feet. The offset shall be no less than twenty (20) feet in
the horizontal dimension, with a minimum depth of five (5) feet.
n. Building materials. If abutting a residential use or zone,
residential design elements such as brick veneer; wood siding, pitched
roofs with shingles, landscaping, and fencing shall be used. No
uncomplimentary building colors should be used when abutting a
residential use or zone.
o. Prohibited uses. Use is restricted to dead storage only. The
following are specifically prohibited:
(1) Auctio0s (other than tenant lien sales), commercial,
wholesale or retail sales, or garage sales.
(2) The -servicing; repair, or fabrication of motor vehicles,
boats, trailers, lawn:mowers, appliances, or other similar equipment.
(3) The operation of power tools, spray painting
equipment, table saws, lathes, compressors, welding equipment, kilns, or
other similar equipment.
(4) The establishment of a transfer and storage business.
(5) Any use that is noxious or offensive because of odor,
dust, noise, fumes, or vibration.
26 Ordinance Amending
KCC 15.02, 15.04 and 15.08
29
(6) Storage of hazardous or toxic materials and chemicals
or explosive substances.
P. Fencing. No razor wire is allowed on top of fences.
20. Prohibited are those manufacturing activities having potentially
deleterious operational characteristics, such as initial 'processing of raw
materials (forging, smeltering, refining, and forming).
21. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district (as,shown in KCC 15.04 080) "must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
the main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk; and
may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops,, toy shops, cards and paper goods,
home and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
C. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
27 Ordinance Amending
KCC 15.02, 15.04 and 15.08
30
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
g. Any other use that is determined by the planning director to
be of the same general character as the above permitted uses and in
accordance with the stated purpose of the district,, pursuant to KCC
15.09.065, Interpretation of uses.
22. Permitted uses are limited to storage, warehousing, processing and
conversion of agricultural, dairy, and horticultural products, but not
including slaughtering, meat packing, and fuel farm,facilities.
23. Excluding slaughtering, renderirtig, curing, or canning of meat or
seafood products.
24. Except for those goods or products specifically described as
permitted to be stored as conditional uses.
25. Excluding explosive fuels and propellants.
26. Excluding predominantly drop forge and drop hammer operations.
27. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
28. Excluding paint boiling processes.
28 Ordinance Amending
KCC 15.02, 15.04 and 15.08
31
29. Limited to twenty-five (25) percent of gross floor area. Reference
KCC 15.04.080(5).
30. Retail or services uses which exceed the twenty-five (25) percent
limit on an individual or cumulative basis shall be subject to review
individually through the conditional use permit process. A conditional use
permit shall be required on an individual tenant or business basis and shall
be granted only when it is demonstrated that the operating characteristics
of the use will not adversely impact onsite or offsite conditions on either an
individual or cumulative basis.
31. Reuse or replacement of existing structures for non-agricultural uses
is allowed where it is shown that the, existing structures are obsolete for
agricultural use and will have no viable economic use unless they can be
put to non-agricultural use. Any replacement structures must maintain or
enhance the agricultural appearance of the property. Signs shall be limited
to not more than one hundred (100) square feet in area per business, and
of that amount, freestanding signs Shall not exceed forty (40) square feet
in area: No increase in the area of existing impervious surface shall be
allowed in connection,with a non-agricultural use.
32. Accessory structures composed of at least two walls and a roof, not
includina accessory uses or structures customarily appurtenant to
agricultural uses, are subiect to the provisions of KCC 15.08.160.
SECTION 9, - Amendment. Section 15.04.060 of the Kent City
Code is hereby amended as follows:
29 Ordinance Amending
KCC 15.02, 15.04 and 15.08
32
Sec. 15.04.060. Transportation, public, and utilities land
uses.
Zoning Distncts
Key
P-Principally
Permitted
Uses
S=Special
Uses
C-
Conditional
Uses
A=Accessory
Uses
O F F U £ 2 d U w U U K U U
() K K K K K K K K K K K x U U U U F F U u u U Q
Q Q N N N N N 2 2 2 2 2 2 2 Z U O O 2 2 2 U U U' O 2
Commercial C C C C C
parking lots
or structures
Transpodatio C C C C C C C C C C C C C C C C C C C C C C C C C C C C C v C
n and transit
faali ties
,
including p ��
high capacity
ransit
faaliti es
Railway and c c c c c c c
bus depots,
taxi stands
Utility and C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C
transp onatio
n facilities:
Electrical
substations,
pumping or
regulating
devices for
the
transmission
of water gas,
steam,
petroleum,
etc
Public C C C C C C C C C C C C C C C C v C C C C C C C C C C C C C
facilities.
Firehouses,
police
stations,
libraries,and
administrativ
e offices of
governmental
agencies,
primary and
secondary
schools,
vocational
schoo Is,and
colleges
EAyU A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
Lt 11 Lt Lt Lte
30 Ordinance Amending
KCC 15.02, 15.04 and 15.08
33
Zoning Distncts
Key
P=Principally
Permitted
Uses
S=Special
Uses
C-
Conditional
Uses
A=Accessory
Uses
O F F
w rc rc rc rc rc rc rc rc rc rc rc x U U U U r r U U U U ¢
2 Z U O O 2 2 2 U U U'
Wreless P P P P P P P P P P P P P P P n P P P
telecommunl (2 (2 (2 (2 (2 (2) (1) (1) (1) (1) (1) (1) (2) (1) (1) (1) (1) (1) (1)
catlers ) ) ) ) ) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3)
faality(VVTF) it it (t it it
by
administrativ
e approval
Wreless c c c c c c c c c c c c c c c c c c c c c c c c c c c c
telecommunl (5 (5 (e (e (e (e (e (e (e (e (5 (5 (5 (e (5) (4) (4) (4) (4) (4) (4) (5) (4) (4) (4) (4) (4) (4)
caters ) ) ) ) ) ) ) ) ) ) ) ) ) ) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3)
faGllty(VVTF) it it it it it
by
conditional
use permit
EV charging A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
Station (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9 (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9)
Rapid A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
charging (i (i (i fr fr (r fr fr fr fr fr fr (i
station o) o) o) o) o) o) o) o) o) o) o) o) o)
SECTION 10. - Amendment. Section 15.04.065 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.065.. Transportation, public, and utilities land use
development conditions.
1. For WTF towers ninety (90) feet or less for a single user and up to
one hundred twenty (120) feet for two (2) or more users.
2. For WTF towers that are within the allowable building height for the
district in which they are located.
3. All WTFs are subject to applicable portions of KCC 15.08.035.
31 Ordinance Amending
KCC 15.02, 15.04 and 15.08
34
4. A conditional use permit for a WTF is required if it is greater than
ninety (90) feet for a single user or one hundred twenty (120) feet for two
(2) or more users.
5. A conditional use permit is required if the WTF exceeds the allowable
building height of the district.
6. Transportation and transit terminal, including repair and storage
facilities and rail-truck stations, except classification yards, in the category
of "hump yards."
7. Accessory uses shall not include vehicular drive-through, drive-in, or
service bay facilities.
8. If on property owned, leased or otherwise controlled by the city or
other government entity subject to KCC 15.08.035(I).
9. Lever 1 and 2 charging only,
10. anly as part of a general conditional use identified in KCC
15.08.030,,
11. High capacity transit facilities shall be consistent with Chapter 15.15
KCC.
12. A conditional use permit is required for high capacity transit facilities
that cross multiple zoning districts. No other transportation and transit
facilities are allowed in the MHP zoning district.
32 Ordinance Amending
KCC 15.02, 15.04 and 15.08
35
13. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subiect to the provisions of KCC 15.08.160.
SECTION 11. - Amendment. Section 15.04.070 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.070. Wholesale and retail land uses.
Zoning Distncts
Key
P=Principally
Permitted Uses
S=Special
Uses
C=Conditional
Uses
A=Accessory
Uses
O F F U £ Z W U W U U U U
Q Q N N N N N 2 Z U O O 2 2 2 U U U' O U'
Bakeries and v v v v v v v
confectionene (2)
s
VVholesale v v
bakery
F F F F F P P
Bulk retail (w (w (1) (1)
Recycling C v
centers
Retail sales of v v v v
In her,tools,
and other
building
materials,
including
preassembled
products
Hardware, v v v v v v v v v v
paint,tile,and (t1 (2)
wallpaper )
(retail)
Farts v v
equipment
General v v v v v v v v v
merchandise
Dry goods,
vanety,and
department
33 Ordinance Amending
KCC 15.02, 15.04 and 15.08
36
Zoning Distncts
Key
P-Principally
Permitted Uses
S-Special
Uses
C-Conditional
Uses
A-Accessory
Uses
s tf rc rc rc rc rc rc rc rc K K K 2 u U U u 2 2 u U U ¢ U m
2 2 2 2 Z U O O 2 2 2 U U U' O 2
stores(recall)
Food and P P P P P P P P v 5 P 5 P
convenience O1 (12 (4) (12 (2)
stores(retail)
) ) )
Automobile, v v v
aircraft,
motorcycle,
boat and
recreational
vehicles sales
(retail)
Automotive, v v v v v v v v v v
aircraft, (ra (ra (E (2)
motorcycle, ) ) (13
and marine )
accessories
(retail)
Gasoline s s s s s s s s s c
service (G (G (G (G (G (G (G (G (G
stations
Apparel and v v v v v v v v A v
accessories fn (1) (2)
(retail)
Furniture, v v v v v v v v v v
home (11 (2)
furnishing )
(retail)
Eating and v v v v v v v v v v A v v v v
drinking it (15 (5) (2)
establishment ) )
sito drive-
through)
Eating and s c v s v v
drinking
f D )r) ) (an (2
estabmen )a fa a)
s wthd i�ve
through
Eating v v v A A A A
faa litres for
employees
Planned c
development (14
retail sales )
Drive- c v v v v v v v
through/drive- (22 (20 (20 (24 (24 (an (an (an
up businesses ) ) ) ) ) ) ) )
(commercial/r
etail-other
than
eating/dnnkin
9
establishment
s)
34 Ordinance Amending
KCC 15.02, 15.04 and 15.08
37
Zoning Distncts
Key
P=Principally
Permitted Uses
S=Special
Uses
C=Conditional
Uses
A=Accessory
Uses
s tf rc rc rc rc rc rc rc rc K K K 2 u U U u 2 2 u U U ¢ U m
2 2 2 2 Z U O O 2 2 2 U U U' O 2
Miscellaneous v v v v v v v v v A A v
retail Drugs, (n (15 (e) (2)
antiques, ) )
books,
sporting
goods,
jewelry,florist,
photo
supplies,
video rental,
computer
supplies,etc
v v v v v v v v v v v
Liquorstore fn (z)
Farm v v v
supplies,hay,
grain feed,
fencing,etc.
(retail)
Nurseries, v v v v
greenhouses,
garden
supplies,
tools,etc
Pet shops v v v v v
(retail and (2)
grooming)
Computers v v v v v v v
and (2)
electronics
(retail)
Hotels and v v v v v v v v v
motels (n (as
1 1
Complexes v v
which include
combinations
of uses
including a
mixture of
office,light
manufacturing
storage,and
commercial
uses
Outdoor p p A A A A A p
Storage (19 (19 (19 (19 (19 (19 (19 (19
(Including ) ) ) ) ) ) ) )
truck,heavy
equipment,
and contractor
storage yards
as allowed by
development
standards,
KCC
15 04.190 and
35 Ordinance Amending
KCC 15.02, 15.04 and 15.08
38
Zoning Distncts
Key
P=Principally
Permitted Uses
S=Special
Uses
C=Conditional
Uses
A=Accessory
Uses
s tf rc rc rc rc rc rc rc rc K K K 2 u U U u 2 2 u u U ¢ U m
2 2 2 2 Z U O O 2 2 2 U U U' O 2
15 04 195)
Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
uses and (9) f1 f1 f1 f1 (16 (16 F F F F F (16 (16 (16 (ie
LZ 1 1 1 ] ) ) ) ) ) ) ) ) ) ) )
structures
customarily
appurtenant
to a permitted
use
Agriculturally
related retail (21
Battery s s A A A A A s "SS s s s A A
exchange (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa (aa
station ) ) ) ) ) ) )
SECTION 12. - Amendment: Section 15.04.080 of the Kent City
Code is hereby amended-as follows:
Sec. 15.04.080. Wholesale and retail land use development
conditio,nsi.
1. Bulk retail uses which provide goods for regional retail and
wholesale markets; provided, that each use occupy no less than forty-
three thousand five .hundred sixty (43,560) square feet of gross floor area.
2. All sales, storage, and display occur within enclosed buildings.
3. Provided that any restaurant with drive-in or drive-through facilities
shall be located a minimum of one thousand (1,000) feet from any other
drive-in restaurant use.
36 Ordinance Amending
KCC 15.02, 15.04 and 15.08
39
4. Convenience and deli marts are limited to a maximum gross floor
area of three thousand (3,000) square feet.
5. Uses shall be limited to twenty-five (25) percent of the gross floor
area of any single- or multi-building development. Retail and service uses
which exceed the twenty-five (25) percent limit: on .an individual or
cumulative basis shall be subject to review individually through the
conditional use permit process. A conditional use permit shall be required
on an individual tenant or business basis and shall be granted only when it
is demonstrated that the operating ,characteristics of the use will not
adversely impact onsite or offsite conditions on either an individual or
cumulative basis.
6. Special uses must conform to the development standards listed in
KCC 15.08.020.
7. Drive-through restaurants, only if located in a building having at
least two (2) stories.
8. Accessory uses are only allowed in cases where development plans
demonstrate a relationship between these uses and the principal uses of
the property.
9. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
37 Ordinance Amending
KCC 15.02, 15.04 and 15.08
40
10. Retail uses operated in conjunction with and incidental to permitted
uses, provided such uses are housed as a part of the building comprising
the basic operations.
11. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
the main ground floor entry located adjacent to, a public street and be
physically and visually accessible by pedestrians from the sidewalk; and
may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops, toy shops, cards and paper goods,
home and home accessory shops, florists, .antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
c. Repair services, including but not limited to television, radio,
computer,,jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
38 Ordinance Amending
KCC 15.02, 15.04 and 15.08
41
g. Any other use that is determined by the planning director to
be of the same general character as the above permitted uses and in
accordance with the stated purpose of the district, pursuant to KCC
15.09.065, Interpretation of uses.
12. Retail convenience grocery sales are allowed in"conjunction with a
gasoline service station as a special permit use subject to the development
standards listed in KCC 15.08.020.
13. Retail sales are limited to tires, batteries, and accessories for
industrial vehicle and equipment.
14. Retail sales are permitted as ;part of a planned development where
at least fifty (50) percent of the total development 9s for office use. Drive-
in restaurants, service stations, drive-in clea(iing establishments, and
other similar retail establishments are not permitted.
15. Incidental sales and services, such as restaurants, pharmacies, and
retail sales, to 'serve occupants and patrons of permitted uses when
conducted within the same building, provided there is no exterior display
or advertising..
16. Includes incidental storage facilities and loading/unloading areas.
17. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
18. Accessory uses shall not include vehicular drive-through, drive-in,
and service bay facilities.
39 Ordinance Amending
KCC 15.02, 15.04 and 15.08
42
19. Reference KCC 15.07.040(C), outdoor storage landscaping.
20. Whenever feasible, drive-up/drive-through facilities shall be
accessed from the rear of a site and run along an interior lot line or
building elevation. Landscaping, sufficient to soften the visual impact of
vehicle stacking areas, may be required.
21. Retail use must be for sale of agricultural or horticultural produces,
at least twenty-five (25) percent of the gross sales value of which are
grown within Washington State. Up to fifty (50)' percent of the gross sales
value may be for seed, gardening equipment and products, private label
foods, and locally hand-made products. Any structures must be designed
to maintain or enhance the agricultural appearance of the area.
22. Any drive-up/drive-through fcility shall be accessory to the
principal use to which it is attached.
Ground O:Prod^Retail/Service Area
r.acrx.sr.
q.yL4f!111f nd.
iY. tiles ti - r
1m.w=s (i]Mind 1 Luor RcI.;uNS i ri.c.I.Jx h'c,IL ICII
40 Ordinance Amending
KCC 15.02, 15.04 and 15.08
43
23. All battery exchange activities and associated storage shall take
place within an enclosed building. The development standards listed in KCC
15.08.020(B) shall apply, except that number three (3) shall not apply.
24. Drive-through/drive-up businesses are permitted only under the
following conditions:
a. The development must be within a strip-mall or shopping
center.
25. The ground floor or street level must be retail or pedestrian-oriented
following the Midway Design Guidelines. The main ground floor entry shall
open to a public street with accessory retail uses accessible by
pedestrians.
26. Bulk retail is permitted only when single tenant building is over one
(1) acre in size.
27. Accessory structures composed of at least two walls and a roof, not
including accessory uses , or structures customarily appurtenant to
aarrvcultural uses, are subiect to the provisions of KCC 15.08.160.
SECTION 13. - Amendment. Section 15.04.090 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.090 Service land uses.
Zoning Distracts
41 Ordinance Amending
KCC 15.02, 15.04 and 15.08
44
Key
P-
Pnnapally
Permitted
Uses
S-Special
Uses
C-
Conditional
Uses
A-
Accessory
Uses
C? f f () £ x I U w ti U
s w rc rc rc rc rc rc rc rc rc rc rc x U U U U r r U U ¢
Q Q N N N N N £ £ £ £ £ £ £ Z 0 0 0 £ £ £ U U 0 0 £ £ £ £ £ 0
Finance, P P P P P P P P P P P P P P
insurance S (i) (2) (3)
real estate 2) O
services
Personal P P P P P P P P P C P P P P
services (2 O O O (2) (3)
Laundry, 2) 2) 0) 0) O
°)
dry
cleaning,
barber,
salons,
shoe repair,
launderette
s
P P P P C P
Monuanes (1 (M
2)
Home day- P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P
Care
Daycare C C C C C C C P P P P P P P P P P P P P P P P P P P P P P P P
center
Business P P P P P P P P P P P P
services (1 (2) (3)
dupand blue
ting )
and bluee
nting
travel
t ,
ravel
agencies,
and
employMen
ees
t agencies
Building P P P P P P P
maintenanc (2)
e and pest
Control
Outdoor P P A A A A A P
storage C
(inducting (9)
truck,
heavy
equipment,
and
contractor
storage
yards as
allowed by
developme
no
standards,
KCC
15 04 190
and
15 04 195)
Rental and P P P P P P P
leasing (2)
42 Ordinance Amending
KCC 15.02, 15.04 and 15.08
45
Zoning Distncts
Key
P-
Pnncipally
Permitted
Uses
S-Special
Uses
C-
Conditional
Uses
A-
Accessory
Uses
19 D F F U £ Z W U W U U U U
K K 2 U U U U F F U 2 2 U Q
Q Q N N N N N £ £ £ £ £ £ £ Z 0 0 0 £ £ £ U U 0 0 £ £ £ £ £ 0
services for
Cars,
t k
callers,
turn re,
and tools
Auto repair c v v v v v v c
and (2 (fi)
washing ))
services
a)
(inducting
body work)
Repair v v v v v v v v v v
services (1 (2) (3)
Watch,TV, 2)
electrical,
electronic,
upholstery
Professions v v v v v v v v v v v v v
I services. S (2) (e)
Medical, O)
clinics and
otherhealth
care elated
services
Heavy v v v c v
equipment (9)
and truck
repair
Contract v v v v v v v v v v
constructio r r r r r (2) (e)
nService 6) 6) 6) ]) ]) fr
offices �)
Building
constructio
n,
plumbing,
paving and
landscaping
Educational v v v v v v v v v v v
services (2) (3)
Vocational,
trade,an,
music,
dancing,
barber and
beauty
s s s s s s s s s s s s s s s s s s s s s s s s s
Churches (4 (4) (4) (4) (4) (4) (4 (4 (4 (4 (4 (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4)
) ) ) ) ) )
Administrati v v v v v v v v v v v v v
veand (r (2) (3)
profession 2)
43 Ordinance Amending
KCC 15.02, 15.04 and 15.08
46
Zoning Distncts
Key
P-
Principally
Permitted
Uses
S-Special
Uses
C-
Conditional
Uses
A-
Accessory
Uses
xa
19 D F F U £ Z W U W U U U U
K K 2 U U U U - - U 2 2 U Q
Q Q N N N N N £ £ £ £ £ £ £ Z 0 0 0 £ £ £ U U 0 0 £ £ £ £ £ 0
1 offices—
general
Municipal v v v v v v v v v v v v v v v v
uses and (i (r (r (r (r (r (r (r (r (r (r (r (2) (r (r
buildings a) a) a) a) a) a) a) a) a) a) a) a) (i a) a)
Research, v c v v v v v v v v
developme (2) (r
no and 4)
testing
Planned
developme (D
no retail
sales
Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
uses and (7) L L L L (i (i (i (i (i (i (i (i (i (i (i
L 4) f] f] B) B) 9) 9) 9) 9) 9) B) B) B) 5)
structures
customarily
appurtenant
to a
permitted
use
Boarding c c c c
kennels
and
breeding
establishme
nos
Veterinary c v v v v v v c v
Clinics and (8) (8) (8) (8) (8) (8) (1
veterinary �)
hospitals
Administrati v v v v v
ve or
executive
off ces
which are
pan ofa
predominan
t industnal
operation
Offices A A A A A
incidental
and
necessary
to the
ccnductof
a principally
permitted
use
44 Ordinance Amending
KCC 15.02, 15.04 and 15.08
47
SECTION 14. - Amendment. Section 15.04.100 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.100. Service land use development conditions.
1. Banks and financial institutions (excluding drive-through).
2. Uses shall be limited to twenty-five (25) percent of the gross floor
area of any single- or multi-building development. Retail and service uses
which exceed the twenty-five (25) percent limit on an , individual or
cumulative basis shall be subject to review individually through the
conditional use permit process. A conditional use permit shall be required
on an individual tenant or business basis and shall be granted only when it
is demonstrated that the operating, characteristics of the use will not
adversely impact onsite or offsite conditions on either an individual or
cumulative basis.
3. All sales, storage, and display occur within enclosed buildings.
4. Special uses must conform to the development standards listed in
KCC 15.,08.020.
5. Excluding auto body repair.
6. Retail sales are permitted as part of a planned development where
at least fifty (50) percent of the total development is for office use. Drive-
in restaurants, service stations, drive-in cleaning establishments, and
other similar retail establishments are not permitted.
45 Ordinance Amending
KCC 15.02, 15.04 and 15.08
48
7. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
8. Veterinary clinics and animal hospitals when located no closer than
one hundred fifty (150) feet to any residential use, providing the animals
are housed indoors, with no outside runs, and .the building is
soundproofed. Soundproofing must be designed by; competent acoustical
engineers.
9. Those uses that are principally permitted in the M3 'zone 'may be
permitted in the M2 zone via a conditional Use permit.
...............
10. Personal services uses limited,.to linen supply ,and industrial laundry
services, diaper services, rug cleaning and, repair services, photographic
services, beauty and barber services, and fur repair and storage services.
11. Veterinary clinics and animal hospital services when located no less
than one hundred fifty, (150) feet, from any residential use, provided the
animals are housed indoors and the building is soundproofed.
12. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
pedestrian-oriented. Pedestrian-oriented development shall have the main
ground floor entry located adjacent to a public street and be physically and
visually accessible by pedestrians from the sidewalk; and may include the
following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such as
46 Ordinance Amending
KCC 15.02, 15.04 and 15.08
49
apparel and accessories, gift shops, toy shops, cards and paper goods,
home and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
C. Repair services, including but not limited to,television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including, but` not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
g. Any ,other use that is determined by the planning director to
be of the same" ganeral character as the above permitted uses and in
accordance with the stated purpose of the district, pursuant to KCC
15.09.065, Interpretation of uses.
13. Except for such uses and buildings subject to KCC 15.04.150.
14. Conducted in conjunction with a principally permitted use.
15. Accessory uses shall include vehicular drive-through, drive-in, or
service bay uses.
47 Ordinance Amending
KCC 15.02, 15.04 and 15.08
50
16. Contract construction services office use does not include contractor
storage yards, which is a separate use listed in KCC 15.04.040.
17. Outside storage or operations yards are permitted only as accessory
uses. Such uses are incidental and subordinate to the principal use of the
property or structure.
18. Includes incidental storage facilities and loading/unloading areas.
19. Includes incidental storage facilities,,"which must be enclosed, and
loading/unloading areas.
20. Shall only apply to medical and dental offices and/or neighborhood
clinics.
21. Auto repair, including body ,work, and washing services are
permitted only under the following conditions:
a. The property is also used for heavy equipment repair and/or
truck repair; and
b. The property abuts or is split-zoned with real property in the
gateway commercial district. Gasoline service stations that also offer auto
repair and washing, services are not permitted in the M3, general industrial
zoning district. `
48 Ordinance Amending
KCC 15.02, 15.04 and 15.08
51
22. Any associated drive-up/drive-through facility shall be accessory and
shall require a conditional use permit.
'Ground Floor Retai.IfSery lure Area
• 1 afH tll i '�
❑C
OL i
y
a' n3:r� ,3 �
(4 mnd I Inn, Rdaillhn 5 iw,1 ice-,Kcquircd.
23. Auto repair, including body work, and auto washing services shall be
allowed in the general industrial (M3) zoning district as follows:
a. For adaptive reuse of existing site structures, all of the
following conditions'mustapply:
i. The site is not currently served by a rail spur; and
ii. Existing site structures do not have dock high loading
bay doors, where the finished floor is generally level with the floor of
freight containers;and
iii. All ground-level bay doors of existing structures have a
height of less than fourteen (14) feet, which would generally impede full
access to freight containers; and
49 Ordinance Amending
KCC 15.02, 15.04 and 15.08
52
iv. Existing site structures have a clear height from
finished floor to interior roof trusses of less than twenty (20) feet; and
V. Maximum building area per parcel is not greater than
forty thousand (40,000) square feet.
b. For proposed site development, all of the following conditions
must apply:
i. The site is not currently-served by a rail spur; and
ii. Based on parcels existing at the time of the effective
date of the ordinance codified in this section, the maximum parcel size is
no greater than forty thousand (40,000) square feet.
24. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subiect to the provisions of KCC 15.08.160.
SECTION"15. - Amendment. Section 15.04.110 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.110. Cultural, entertainment, and recreation land
uses.
oning Distracts
50 Ordinance Amending
KCC 15.02, 15.04 and 15.08
53
Key
P=Principally
Permitted Uses
S=Special Uses
C=Conditional Uses
A=Accessory Uses
s tf rc rc rc rc rc s' rc rc ,1P
rc rc i u U U u u U ¢ m
Q Q N N N N N 2 Z 0 0 0
Performing and P P P P P P P P P P
cultural arts uses, (3) (r)
such as art
galleries/studios
Historicand P P
monument sites
Public assembly P P c c P P P P P P
(indoor).Sports (2) (2) (2) (r)
facilities,arenas, o
auditoriums and (e)
exhibition halls,
bowling alleys,dart-
playing facilities,
skating rinks,
community clubs,
athletic dubs,
recreation centers,
theaters(excluding
school facilities)
Public assembly c P P
(outdoor).Fairgrounds
and amusement
parks,tennis courts,
athletic fields,
miniature golf go-cart
track,drive-in
theaters,etc
Open space use
c c c c c c c c c c c c c c c P P c c c c P P c c c c c c c
Cemeteries,Parks, (6) (b (9) (9) (9) O) O)
playgrounds,a of f c c c c
courses,and other
recreation facilities,
including buildings or
structures associated
therewith
Employee recreation A A A A
areas
Private dubs,fraternal c c c c c c c c c c c c c c c c c P c P c c P c c c c c c P
lodges,etc (5) (5) (5) (5)
Recreational vehicle c P
parks
Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
4-4�sfuctures (10) (10) (10) (10) (10) (4)
customarily
appurtenant to a
permitted use
Recreational buildings A
in MHP
SECTION 16. - Amendment. Section 15.04.120 of the Kent City
Code is hereby amended as follows:
51 Ordinance Amending
KCC 15.02, 15.04 and 15.08
54
Sec. 15.04.120. Cultural, entertainment, and recreation land
use development conditions.
1. All sales, storage, and display occur within enclosed buildings.
2. Principally permitted uses are limited to indoor paintball, health and
fitness clubs and facilities, gymnastic schools, and ''other similar uses
deemed compatible with the general character and, stated purpose of the
district.
3. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district (as shown in KCC 15.04.080) must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
the main ground floor entry located, adjacent to, a public street and be
physically and visually accessible by pedestrians from the sidewalk; and
may include the following uses:
a. Retail" establishments, including but not limited to
convenience.goods, department and variety stores, specialty shops such as
apparel and accessories, gift shops, toy shops, cards and paper goods,
home"and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
C. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
52 Ordinance Amending
KCC 15.02, 15.04 and 15.08
55
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
g. Any other use that is determined by the planning director to
be of the same general character as the above permitted uses and in
accordance with the stated purpose of the 'district, pursuant to KCC
15.09.065, Use interpretations.
4. Accessory uses shall include vehicular drive-through, drive-in, or
service bay facilities.
5. Business, civic, social, and fraternal associations and service offices
are principailly,permittbd uses.
6. Principally permitted uses are limited to parks and playgrounds.
7. Principally permitted uses are limited to golf driving ranges.
8. Public assembly facilities such as amphitheaters, arena, auditoriums,
and exhibition halls allowed as a conditional use.
9. Conditionally permitted uses are limited to parks and playgrounds.
53 Ordinance Amending
KCC 15.02, 15.04 and 15.08
56
10. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subiect to the provisions of KCC 15.08.160.
SECTION 17. - Amendment. Section 15.04.130 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.130. Resource land uses.
Zoning Districts
Key
P=Principally Permitted Use
S=Special Uses
C=Conditional Uses
A=Accessory Uses
al N p
O 'I M V 10 M O f f M f
0 0 U U F Y U Q N M W
Q Q M M M M M F F F F F F F 2 0 0 0 TIT U U O O F X X F F O
Agricultural uses such as P P P P
planting and harvesting o
crops, animal husbandry
(including wholesale
nurseries and greenhouses)
Crop and tree farming P P P P P P P P P P P P P P P P P P P
Storage, processing, and P P
conversion of agricultural
products (not including
slaughtering or meat
packing)
Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
b»id 9ijs -tructures (1) L41 a a LL
customarily appurtenant to 4
a permitted use
A A A A
Roadside stands (3) (z) (3) (2)
SECTION 18. - Amendment. Section 15.04.140 of the Kent City
Code is hereby amended as follows:
Sec. 15.04.140. Resource land use development conditions.
54 Ordinance Amending
KCC 15.02, 15.04 and 15.08
57
1. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
2. Roadside stand not exceeding four hundred (400) square feet in
floor area exclusively for agricultural products grown on the premises.
3. Roadside stands not exceeding four hundred (400) square feet in
floor area, and not over twenty (20) lineal feet on any side, primarily for
sale of agricultural products on the premises.
4. Accessory structures composed of at least two walls and a roof, not
includina accessory uses or structures customarily appurtenant to
agricultural uses, are subiect to the provisions of KCC 15.08.160.
SECTION 19, - Amendment. Section 15.08.160 of the Kent City
Code is hereby amended as follows:
Sec. 15.08.160. Accessory;buildings.
A. An accessory building can be located anywhere on a lot if it
conforms with the setbacks required by this title for a principal building. In
the rear one-half {1{2-)-of a lot the accessory building can be built to within
two {2}feet of the' side and rear lot lines, except when attached to a
principal building, in which case it must have the same setbacks as the
main building. If other regulations or ordinances conflict with the
provisions in this subsection (A), the stricter reaulations shall apply.
55 Ordinance Amending
KCC 15.02, 15.04 and 15.08
58
B. Guestheuse acceSSOFy buildings shall be located on the FeaF hal
the There shall be not more than one {}guesthouse or
accessory dwelling unit on any one se or
ADU shall be located on the rear half of the lot, unless determined to be
infeasible due to lot shape, house placement, or other factors as approved
by the planning director. , which, tegetheF with ethef aeeeSSOFy buildingsT
sha" not exceed thirty (BE)) peFeent of the aFea of the reaF yaFd on which it
guestheuse. Accessory dwelling units are also subject to the provisions of
KCC 15.08.350.
C. The combined footprint of all accessory buildings on a lot shall not
exceed fifteen percent of the lot area,
D. Accessory buildings shall not exceed twenty feet in height.
E. Accessory buildings shall not exceed the heiaht of the principal
structure.
F. Accessory buildings that are twelve feet in heiaht or Maher must be
visually compatible with the principal building by meeting both of the
followina:
(1) The exterior finish material must be the same or visually
match the exterior finish material of the principal building, in type, size
and placement; and
56 Ordinance Amending
KCC 15.02, 15.04 and 15.08
59
(2) The trim on the accessory buildina must be the same or
visually match the trim used on the principal structure, in type, size and
placement.
SECTION 20. - Amendment. Section 15.08.350 of the Kent City
Code is hereby amended as follows:
Sec. 15.08.350. Accessory dwelling unit regulations.
A. Intent. The city provides these accessory dwelling unit regulations
for the following purposes:
1. To increase the supply of affordable rental units through
better use of the existing housing stock, much of which is under-utilized
because the baby boom has been followed by an" empty nester boom,
because there are fewer children per family, because there are more single
parent households, and because there are more one--(I} and two—f2}
person elderly households,
2. To make homeownership more affordable because it will be
easier to buy both new and existing homes with the help of an accessory
apartment.
3. To make it more comfortable for older people to retain their
homes because an accessory apartment can provide them with added
income, security, companionship, and the opportunity to trade rent
reductions for needed services.
57 Ordinance Amending
KCC 15.02, 15.04 and 15.08
60
4. To make it easier for single parents to meet mortgage
payments and hold onto their homes in the wake of a divorce and, as a
result, keep their children in the same neighborhood.
5. To increase the opportunity for disabled persons to live
independently because accessory units can provide them with both privacy
and the proximity to needed support.
6. To reduce the isolation of households that is a result of
increased affluence in housing, and/or longer lifespans and periods of
frailty, and/or suburban land use patterns that isolate people, who cannot
drive.
7. To make better use of existing public investment in streets,
transit, water, sewer, and other utilities. -
B. Standards and criteria.
1. Ones} ADU per detached single-family dwelling unit is
allowed-eel nigh within all SR single fangil� residential zones and single
faFnily dwellings within thee eity. There shall be not more than one
auesthouse or ADU on any one lot.
2. An ADU may be established in a new or existing single-family
dwelling by creating the unit within or as anirr addition to the dwelling, or
as a detached unit from the principal dwelling. Detached ADUs are subject
to the provisions of KCC 15.08.160.
3. The ADU, as well as the main dwelling unit, must meet all
applicable setbacks, lot coverage, and building height requirements.
58 Ordinance Amending
KCC 15.02, 15.04 and 15.08
61
4. The design and size of an ADU shall conform to a" applicable
standaMS the requirements of all building, plumbing, electrical,
mechanical, fire, health, and any other applicable codes. When there are
practical difficulties involved in carrying out the provisions of this section,
the building official may grant modifications for individual cases pursuant
to the International Building Code, the International Residential Code, or
other applicable building codes, and as subsequently amended or
recodified.
5. Ones} of the dwelling units shall be owner occupied as the
ownerjs� principal residence for at least six— 6§ "months aevei-y calendar
year. No permit for an ADU will be issued until the owner files a covenant
evidencing this use limitation against.the property t tThis covenant must
alse—be recorded in theKing County AbiditeF. This eeveigant
Recorder's Office, at the owner's expense, and shall be in a form
acceptable to the city attorney.
6. Tf bethgither the ADU or,the principal unit ceases to be owner
occupied for mat least six {6}months in any given calendar year,
they ADU permit shall be deemed revoked and use of the unit as an ADU
must cease immediately.
7. The size of an ADU contained within or attached to an existing
single-family structure shall be limited by the existing structure's
applicable zoning requirements. An ADU incorporated in the construction of
a new single-family house shall be limited to forty—(4&j percent of the
principal unit.
59 Ordinance Amending
KCC 15.02, 15.04 and 15.08
62
8. The size of a detached ADU, for either new construction or an
existing home, shall be up to eight hundred (899) square feet or thirty-
three-f33} percent of the size of the principal unit, whichever is smaller. If
the detached ADU is built within or in addition to another accessory
structure, the footprint of the accessory structure is not counted towards
the footprint of the ADU.
9. A legal guest cottage, as defined by KCC 15.02.174, existing
prior to November 21, 1995, shall not be denied an accessory housing
permit solely because it is larger than the maximum size ,stated in this
criteria. Any legally constructed accessory building, existing prior to
November 21, 1995, may be converted to an accessory dwelling unit
provided the structure does not exceed fifty-(50) percent of the size of the
principal unit.
108. The owner or developer shall take every effort to avoid
additional entrances or other visible changes on the street facade of the
house which indicates the presence of an ADU.
119. A permit application must be completed and approved for all
ADUs: The plaigigin —.economic and community development department
shall determine the application requirements for an ADU permit.
129. ADUs existing prior to the adoption of the accessory housing
ordinance may be found to be legal on the condition that the property
owner applies for an ADU permit and complies with all required standards
and provisions. Such property owners have a one {3}year period from the
date the accessory housing ordinance is adopted in which to apply for an
ADU permit, after which time such property owners can be subject to fines
and penalties established in this title.
60 Ordinance Amending
KCC 15.02, 15.04 and 15.08
63
131. Adjacent neighbors of an ADU applicant shall be notified of
the ADU zeiging permit application. This notification is informational only.
The decision by the plaiqiqiiqgeconomic and community development
department to grant an ADU zening permit is nonappealable by the
neighbors of the permit holder.
SECTION 21. — Severabilitv. If any one or more section,
subsection, or sentence of this ordinance is 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 22. — Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and .the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION"23: — Effective Date. This ordinance shall take effect and
be i i force thirty days from and after its passage, as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
61 Ordinance Amending
KCC 15.02, 15.04 and 15.08
64
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2015.
APPROVED: day of 12015.
PUBLISHED: day of 12015.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the city of,Kent, Washington, and approved
by the Mayor of the;city,of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
PT1,1A0rffi OMmmd 15021504 and 1500 do=
62 Ordinance Amending
KCC 15.02, 15.04 and 15.08
65
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
Phone: 253-856-5454
�MT PSIFax: 253-856-6454
220 Fourth Avenue S.
Kent, WA 98032-5895
Aug 17, 2015
TO: Chair Randall Smith and Land Use & Planning Board Members
FROM: Hayley Bonsteel, Planner & GIS Coordinator
RE: Assisted Living Facilities Zoning Code Amendment (ZCA-2015-4)
For Aug 24, 2015 Workshop
SUMMARY:
On November 28, 2014, the City Council approved the Annual Docket Report, which
placed in the 2015 work program for Planning Services a request (DKT-2014-5) for
a zoning code amendment to allow assisted living facilities outside of mixed use
developments. To ensure regulations are clear and effective, staff seeks Board input
on options for addressing elder care facility code issues, including clarity and
definitions, categorization and appropriate siting.
BACKGROUND:
Docket #DKT-2014-5 requested a zoning code amendment for assisted living
facilities, arguing that the code definition does not specify clearly the residential
nature of these facilities. Staff believes the request could be an opportunity to
address potential updates to the categorization of elder care facilities, as well as
consider reductions to mixed use requirements for elder care facilities. Staff seeks
Board input for analyzing this request for code amendment. See attached report.
HB:pm P:�Planning�LUPB�2015lMeeting Documents�8-24-15 Workshop�ALF memo LUPB Aug 24.doc
Encl: Assisted Living Facility Standards Analysis Report
cc: Charlene Anderson,AICP, Planning Manager
66
67
Assisted Living Facility Standards
Analysis Report
.......................................................................................................................................................................................................................................................................................................................................
lintroductlain
Included in the 2014 Docket was a request to amend the definition and use table related to assisted
living facilities. The zoning code amendment illuminates an area of confusion in the definition of an
Assisted Living Facility in Kent City Code. Clarifications to the code (Option 2, below) would address this
issue.
Aside from the confusion over the definition,the applicant requested an amendment allowing assisted
living facilities in CC, GC or 0 outside of the mixed use overlay. In considering the feasibility of this
request,staff have seen the potential for updating the categories of elder care facilities to reflect state
licensure requirements or modern trends(Option 3, below).
Currently, assisted living facilities are only permitted in Office (proposed to be eliminated with the
comprehensive plan update), General Commercial,or Community Commercial zones when located
within the mixed use overlay and as part of a mixed use development. If the amendment request is
granted, and assisted living facilities are allowed outside of the mixed use overlay,the corollary is to also
allow such facilities within the mixed use overlay without being a part of a mixed use development.This
issue is explored in Option 4, below.
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The applicant argues that the definition of an Assisted Living Facility is unclear according to code. In
15.02.026.1, the last line specifies that "an assisted living facility is not a group home or a residential
facility with health care."The applicant took this to mean that an assisted living facility is not a
residential facility, but it is in fact a residential facility (as it houses elderly residents, and includes
sleeping, eating and sanitation facilities).
Therefore,the following amendment can be considered:
1. The last line of the definition of an assisted living facility can be reworded so that assisted living
facilities are clearly understood to be residential facilities (i.e., "an assisted living facility is a
residential facility but not a group home or residential facility with health care").
According to existing code,assisted living facilities are permitted in CC, GC and 0 with footnote 2,which
reads "Multifamily residential uses,or other residential facilities where allowed,shall be permitted only
in the mixed use overlay when included within a mixed use development."The applicant requested that
the footnote include the added wording, "Assisted living facilities are not residential facilities and are
allowed." Because assisted living facilities are indeed residential,the applicant's request to change this
wording does not apply, as long as the definition is specified as described above.
However, the following amendment can be considered as further clarification :
68
1. The footnote for assisted living facilities in CC,GC and 0 ("C" is proposed to be eliminated with
the comprehensive plan update) can be changed to read "Multifamily and other allowed
residential uses are only permissible in a mixed use overlay district,and must be within a mixed
use development."
Ain all;Manad Iteua to a a'snslltdalr as Ilsrait of code r:�Illau°IfFdr:�la9�d�:uu �
Assisted living facilities and residential facilities with health care have different definitions but have the
same zoning requirements.These two types of facilities could be combined into one category in the use
tables to reduce confusion.
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Elder care facilities offer medical care and services to residents along a spectrum, from a facility that is
marketed towards seniors but is otherwise similar to an apartment complex,to a facility with many
medically trained staff and medical equipment in most rooms. Facilities may have a variety of communal
spaces or dining options, but medical care is the service which differentiates them the most clearly.
Developers may choose to advertise a proposed project as whichever category is most favorable for
development; there is considerable "gray area" as to where along the spectrum a facility might fall.The
categories shown below are therefore generally understood to be distinct but may in fact overlap.
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The Washington Department of Social and Health Services (DSHS) defines long-term care residential
options as the following:
• State Licensed:
o Nursing Homes
o Adult Family Homes
o Assisted Living Facilities
• Non-State Licensed:
o Retirement Communities/Independent Living Facilities
o Continuing Care Retirement Communities
69
These options do not directly correspond to the categories listed in the Kent City Code, which are as
follows:
• Multiple-family dwelling(includes independent senior housing)
• Assisted living facility
• Residential facility with health care (includes nursing homes and Continuing Care Retirement
Communities)
• Group homes (Class 1)—publicly or privately operated residential facilities, including for
individuals who are physically or mentally disabled
Kent City Code therefore groups non-equivalent facilities, by placing nursing homes and CCRCs into one
category, while assisted living is categorized separately.
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Preliminary research into the difference in impacts between these various kinds of facilities has shown
that all elder care facilities appear and operate similarly from the outside. DSHS staff has commented
that "you wouldn't know, if you were walking onto a site,whether it was just an apartment building,an
assisted living facility or a nursing home." Impacts to the neighborhood such as ambulance visits, noise
and circulation patterns have all been preliminarily shown to be similar between elder care facilities of
all types and multifamily developments generally.
Another important issue regarding categorization is the trend toward elder care facilities that span
multiple categories, allowing residents to "age in place."These facilities may offer independent living,
assisted living and skilled nursing in one location.There is also a trend toward "aging in place"
completely outside an elder care facility.
Given these issues regarding categorization,the following amendments can be considered:
1. Update City Code elder care facility categories to match DSHS categories,or
2. Redefine most elder care facilities to be a type of multifamily development with similar
regulations as multifamily dwellings.
70
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The original issue posed by the applicant was whether or not assisted living facilities should be
permitted outside of the mixed use overlay in a commercial or office zone (the office zone is proposed
to be eliminated with the comprehensive plan update). Assisted living facilities are currently permitted
in CC,GC(and 0) only in the mixed use overlay and when included within a mixed use development.
Otllheil "!011 &5IIII~n 11 1 II 11':
Assisted living facilities are permitted outright in the Downtown Commercial Enterprise District, the
Midway Transit Community Districts and the Midway Commercial Residential District, all of which allow
and promote a mixed-use environment. Assisted living facilities are permitted as a conditional use in all
single family residential zones except SR-1,the duplex multifamily zone and commercial manufacturing
zones,as well as in the Gateway Commercial District when part of a mixed use development. (The
Gateway Commercial District is proposed to be eliminated with the comprehensive plan update.)
Additionally, assisted living facilities are permitted in low, medium,and high density multifamily
residential zones, provided they meet the maximum permitted density of the zoning district. Finally,
assisted living facilities are principally permitted in the Downtown Commercial District in a mixed use
building and as a conditional use permit when not located within a mixed-use building.
Oq'U^ery a^li dlii1:rtioi°ns, and'll"actalu^a'II1:ra°nnsIlder
Preliminary research shows that many jurisdictions do allow assisted living facilities in commercial
zones,sometimes with stipulations for mixed use development or overlay zoning but sometimes
without such stipulations.An aging population will increase the demand for assisted living and other
elder care facilities in the next 20 years in Kent,and developers may be increasingly looking for creative
ways to fit assisted living and other elder care facilities into the City's fabric.
Currently, the mixed use overlay requirement for residential uses in several commercial zones stipulates
that 25%of a mixed use development be a commercial use, with some provisions for reduction of the
commercial component to 5%depending on location (and depending on parcel size according to the
proposed comprehensive plan update). If assisted living or elder care facilities were to be allowed
outside of mixed use overlays/mixed use developments, it follows that those facilities would not be
required to meet the 25%commercial requirement when within a mixed use overlay. While this may
incentivize development, it may also undermine the City's goals with regards to designated mixed use
areas.
Given these issues,the following options may be considered:
1. Allow assisted living or elder care facilities as principally permitted uses in all commercial zones
and without requiring a mixed use development, or
2. For facilities within a mixed use zone,allow the 25%commercial requirement to be reduced but
not eliminated through a conditional use permit.