HomeMy WebLinkAbout3409Ordinance No. 3449
(Amending or Repealing Ordinances)
CFN=131 -- Zoning Codes
Passed - 7/7/1998
Amending Title 15 Zoning
Ordinance No. 3409 repealed all previous Sec. 15.04 ordinances & added a new Sec. 15.04 to
the KCC; Ord. 3439 repealed Sec. 15.04 of Ord. 3409 in its entirety and added a new Sec.
15 04 to the KCC
Amends Ords: 1071,1827,2404,2810,2905,3122
Amends Secs: 15.02.283,15 02.285 & 15.08.100 of Ord. 2468; 15.09.055 of Ord. 2469;
15 08.020 of Ord. 2524; 15.08.300 & 15.08.320 of Ord. 2656; 15.07.040 of Ord. 2786;
15.08 020 of Ord. 2801, 15.02.010, 15.02.015, 15.02.025, 15.02.050, 15.02.075, 15.02.098,
15.02.100, 15.02.120, 15.02.210, 15.02.235, 15.02.283, 15.02.285, 15.02,290, 15.02.335,
15.02.500, 15 02.560, 15.02.585 of Ord. 2932; 15.09.048 & 15.06 050 of Ord. 3050;
15.02.262 of Ord. 3092; 15.06.050 of Ord. 3142; 15.06.050 of Ord. 3162; 15.02.004 of Ord.
3251
Repeals Ords- 2676,2695,2711,2741,2742,2751,2764,2803,2807,2843,2850,2924,3095,
3129,3132, 3254, 3268,3277,3279,3327,3361,3376,3377,3387
Repeals Secs!_ 15.04.070 of Ord. 2424; 15 04.170 & 15.04 180 of Ord. 2524; 15.04.110 &
15.04.120 of Ord. 2528; 15.04 180, 15.04.190 & 15.04.200 of Ord. 2786,15.04 of Ord.
2801; 15.04.080 of Ord. 2802; 15.04 of Ord 2808, 15.04 140 of Ord. 2832; 15.04.020 of
Ord. 2904; 15.05.040 of Ord. 2942, 15.04 of Ord. 2958; 15.04.080 of Ord. 3007; 15.04.040,
15.04.050, 15.04.060 & 15.09 047 of Ord. 3014; 15.04.115, 15.04.116, 15.04 110, 15.05.040
& 15.07.060 of Ord. 3050, 15.04.100, 15.04.150 & 15.04.195 of Ord. 3092; 15.04.140 of
Ord. 3094, 15.04.170 & 15.05.040 of Ord. 3175; 15.04.160 of Ord 3231; 15.04 of Ord.
3251; 15 04 of Ord. 3290; 15.05.040 of Ord. 3333; 15.04 100, 15 04.140, 15.04.150 &
15.09.049 of Ord. 3345; 15.04.080 of Ord. 3381
REPEALED BY: Ord. 3439 (Sec. 15.04 repealed in its entirety)
AMENDED BY: Ord. 3439 (Sec. 15.05.040 & Sec. 15.07.060)
Sec 15.09 048 Amended by Ord. 3457,Secs. 15.03.010 & 15.07.060 Amended by Ord.
3470;Sec 15.09.046 (Formerly 15.09 048) Amended by Ord. 3525;Sec. 15.08.100 amended
by Ord, 3600;Sec. 15.03.010; 15 06.050(E), 15 07.010; 15.07 060(I) & 15.08.232 Amended
by Ord. 3612;Sec. 15.04.070;15.04.080;15.04.090;15.04.100;15.04-190;
15.06.050 & 15 07.060 Amended by Ord. 3648;Sec. 15.08.100(C) Amended by Ord. 3665
Sec 15.02.268 & Sec. 15 08.359 Amended by Ord. 3690;Sec. 15.09 046 Amended by Ord.
3742; Secs. 15.03.010; 15.07.060; 15.08.300 Amended by Ord. 3770; Amended by Ord.
3830 (Secs. 15.07.040 & 15.09.045); Amended by Ord. 3976 (Sec. 15 05.110)
Ord 3988 (Secs. 15.03.010;15 09.046), Amended by Ord. 4003 (Secs. 15.05.100;15.08.020;
15.08.100;15.09.055); Amended by Ord 4011 (Secs. 15.03.010;15.05.040;15.05.050;
15.07.060;15.09.045; Amended by Ord. 4043 (Secs. 15.05.040;15.05.090;15.05.100;
15.07.040);
The date ["Beginning July 1, 1998"1 has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document - 6/21/2012
ORDINANCE NO. 3 V
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Title 15 entitled "Zoning" of the
Kent City Code by reformatting the code and conforming
provisions of the code to the requirements of State law.
Amendments to the Zoning Code include Chapter 15.02 -
Definitions; Chapter 15.03 - Zoning Districts; Chapter 15.04
- District Regulations; Chapter 15.05 - Offstreet Parking and
Loading Requirements; Chapter 15.06 - Sign Regulations;
Chapter 15.07 - Landscape Regulations; Chapter 15.08 -
General and Supplementary Provisions; and Chapter 15.09 -
Administration.
WHEREAS, the City of Kent Zoning Code was adopted in 1973 and since that time
over one hundred amendments have been made to the Kent Zoning Code; and
WHEREAS, in 1996 the Kent City Council authorized review of the Kent City
Code to determine whether reformatting would make the Zoning Code easier to use and
identify and correct conflicts, if any, and to bring the Zoning Code into conformity with
recent changes in State law; and
WHEREAS, the City of Kent Planning Department met with developers, architects,
and Chamber of Commerce representatives, as well as City departments to identify areas
of the Zoning Code that needed improvement:
WHEREAS, the recommendations proposed were to Chapter 15.02 - Definitions;
Chapter 15.03 - Zoning Districts; Chapter 15.04 - District Regulations; Chapter 15.05 -
Offstreet Parking and Loading Requirements; Chapter 15.06 - Sign Regulations; Chapter
15.07 - Landscape Regulations; Chapter 15.08 - General and Supplementary Provisions;
and Chapter 15.09 - Administration; and
WHEREAS, the proposed amendments were reviewed in work shops by the Land
Use and Planning Board beginning in January; and
WHEREAS, the Land Use and Planning Board conducted a public hearing on May
26, 1998, and recommended approval of the proposed changes to the zoning code; and
WHEREAS, on June 2, 1998, the proposed zoning code amendments were
reviewed by the City Council Committee of the Whole; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.02 of the Kent City Code is amended by adding a new
Section 15.02.002 as follows:
Sec. 15.02.002. Applicability. The definitions contained in this chapter are those
that are generally used throughout this title; except for those definitions specified in Section
15.08.035 and Section 15.08.224(D), which arespecific to those respective sections and
chapter.
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SECTION 2. Chapter 15.02 of the Kent City Code is amended by
renumbering Section 15.02.004 as Section 15.02.003 as follows:
Sec. 15.02..094003. Accessory dwelling unit. An accessory dwelling unit (ADU)
is 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.
SECTIONS. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.004 as follows:
Sec. 15.02.004. Accessory Living Quarters. Accessory living quarters is a single
residential dwelling unit within in a commercial or manufacturing building which is
incidental to the commercial or manufacturing use.
SECTION4. Section 15.02.010 of the Kent City Code is hereby amended
as follows:
Sec. 15.02.010. Agriculture.
, vitieial,
,
animals. Agricultural use
means land primarily devoted to the commercial production of horticultural, viticultural,
floricultural, dairy. apiary, vegetable, or animal products or of berries, grain, hay, straw,
turf, seed, Christmas trees not subiect to the excise tax imposed by RCW 84.33.100 through
84.33.140, fin fish in upland hatcheries or livestock and that has long-term commercial
si ng ificance for agricultural production.
SECTION 5. Section 15.02.015 of the Kent City Code is amended as
follows:
See. 15.02.015. Alley. OF Alley i Ill means a public or private way not
more than thirty (30) feet wide at the rear or side of property affording only secondary
means of vehicular or pedestrian access to abutting property.
SECTION 6. Chapter 15.02 of the Kent City Code is amended by repealing
Section 15.02.025 as follows:
�f
s
SECTION 7. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.027 as follows:
See. 15.02.027. Automobile body repair. Automobile body repair includes those
establishments primarily engaged in furnishing automotive vehicle body work and painting
SECTION 8. Chapter 15.02 of the Kent City Code is amended by repealing
Section 15.02.033 as follows:
SECTION 9. Chapter 15.02 of the Kent City Code is amended by repealing
Section 15.02.050 as follows:
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SECTION 10. Section 15.02.075 of the Kent City Code is amended as
follows:
Sec. 15.02.075. Comprehensive plan. Comprehensive plan means the plans, maps
e P-GVi' 4r�T the document including maps, adopted by the city council which
outlines the City's goals and policies relating to management of growth, and prepared in
accordance with Ch. 36.70A RCW. The term also includes adopted subarea plans prepared
in accordance with Ch. 36.70A RCW.
SECTION II. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.088 as follows:
Sec. 15.02.088. Congregate Care Facilities. A building or complex of dwellings
which provides for shared use of facilities, such as kitchens, dining areas and recreation
areas. Such complexes may also provide kitchens and dining space in individual dwelling
units. Practical nursing care may be provided, but not nursing care as described in a
convalescent home.
SECTION 12. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.089 as follows:
Sec. 15.02.089. Convalescent Home. Any home, place, institution or facility
which provides convalescent or chronic care, or both, for a period in excess of twenty-four
(24) consecutive hours for three (3) or more patients not related by blood or marriage to the
operator_ who by reason of illness or infirmitv, are unable to properly care for themselves.
Such establishment shall be duly licensed by the State of Washinaton as a "nursinghme"
in accordance with the provisions of Ch. 18.51 RCW.
SECTION 13. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.098 as follows:
Sec. 15.02.098. Day -Care Center. Day care center means a day-care operation
with thirteen (13) or more persons in attendance at any one time.
SECTION 14 Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.099 as follows:
Sec. 15.02.099. Day -Care Home. Day care home means a day-care operation with
no more than twelve (12) persons in attendance at any one time in the providers home in
the family living, quarters. including immediate family members who reside in the home.
SECTION 15. Chapter 15.02 of the Kent City Code is amended by adding
anew Section 15.02.100 as follows:
Sec. 15.02.100. Day -Care Operation. Day care operation means the temporary
care of persons in a residence or structure (meeting the requirements of WAC 388-150) for
less than 24 hours a day on a regular recurring basis for pay or other valuable consideration
including but not limited to the furnishing of shelter, sustenance. supervision education or
other supportive services.
SECTION 16. Chapter 15.02 of the of the Kent City Code is amended by
renumbering and amending Section 15.02.098 as follows:
Sec. 15.02.09101. Designated zone facility. Designated zone facility means any
I hazardous waste facility that requires an interim or final status permit under rules adopted
under R93AI eCh. 70.105 RCW and WAC; 6Ch. 173-303 WAC, and that is not a preempted
facility as defined in RCW 70.105.010 or in WAG sCh. 173-303 WAC. A hazardous waste
treatment or storage facility is a designated zone facility.
SECTION 17. Chapter 15.02 of the Kent City Code is amended by
renumbering Section 15.02. 100 as follows:
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Sec. 15.02.444102. Development plan. Development plan means a plan drawn to
scale, indicating the proposed use, the actual dimensions and shape of the lot to be built
upon, the exact sizes and locations on the lot of buildings already existing, if any, and the
location on the lot of the proposed building or alteration, yards, setbacks, landscaping,
offstreet parking, ingress and egress, and signs.
SECTION 18. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.114 as follows:
Sec. 15.02.114. Duplex. One detached residential building containing two (2)
dwelling units totally separated from each other by a one-hour 0 ) fire wall or floor,
designed for occupancy by not more than two (2) families.
SECTION 19. Chapter 15.02 of the Kent City Code is amended by
repealing Section 15.02.120 as follows:
flee:-1�,A�r12A, l}u=elling,-two €ate T -we fafflily dwellingmea-as-A detael;ed
SECTION 20. Section 15.02.2 10 of the Kent City Code is amended as
follows:
Sec. 15.02.210. Junkyard. Junkyard means a place where waste, discarded or
salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled, including, but not limited to, auto and motor vehicle wrecking
yards, house wrecking yards, used lumber yards and yards for use of salvaged house
wrecking and structural steel materials and equipment.
SECTION21. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.228 as follows:
Sec. 15.02.228. Long term commercial significance Long term commercial
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significance includes the growing capacity, productivity, and soil composition of the land
for long-term commercial production, in consideration with the land's proximity to
population areas, and the possibility of more intense uses of the land.
SECTION22. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.231 as follows:
Sec. 15.02.231. Lot area Lot area means the area included within the proverty
lines of a lot, including any easement area.
SECTION 23. Section 15.02.235 of the Kent City Code is amended as
follows:
Sec. 15.02.235. Lot frontage. The front of a lot shall be that portion nearest the
street street or, if the lot does not abut a street, the portion nearest an ingress/egress
easement. On a corner lot the front yard shall be considered the narrowest part of the lot
that fronts on a street, except in industrial and commercial zones, in which case the user of
a corner lot has the option of determining which part of the lot fronting on a street shall
become the lot frontage.
SECTION 24. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.261 as follows:
Sec. 15.02.261. Manufactured home. A single-family dwelling „constructed in a
factory after June 15, 1976, and installed in accordance with the U.S. Department of
Housing and Urban Development (HUD) requirements for manufactured housing and
bearing the appropriate insignia indicating such compliance.
SECTION 25. Section 15.02.262 of the Kent City Code is amended as
follows:
Sec. 15.02.262. Mobile home. Mobile home means a factory -constructed
residential unit with its own independent sanitary facilities that is intended for year round
occupancy and is composed of one (1) or more major components which are mobile in that
they can be supported by wheels attached to their own integral frame or structure and towed
by an attachment to that frame or structure over the public highway under trailer license or
by special permit..-, and which was constructed prior to June 15, 1976.
SECTION 26. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.268 as follows:
Sec. 15.02.268. Modular Home. A single-family dwelling constructed in a facto
and installed in accordance with the Uniform Building Code and bearingthe he appropriate
indg is indicating such compliance. This definition includes "prefabricated" "panelized"
and "factory built" units.
SECTION 27. Section 15.02.283 of the Kent City Code is amended as
follows:
Sec. 15.02.283. Nonconforming sign. Nonconforming sign means any sign legally
established prior to jun@ 20 197the effective date of this title or subsequent amendments
thereto, which is not in full compliance with the regulations of this title.
SECTION 28. Section 15.02.285 of the Kent City Code is amended as
follows:
Sec. 15.02.285. Nonconforming use. Nonconforming use means the use of land,
a building or a structure lawfully existing as A- T,,.,o 20, 1972 prior to the effective date of
this title or subsequent amendments thereto, which does not conform with the use
regulations of the district in which it is located on the effective date of such use regulations.
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SECTION 29. Chapter 15.02 of the Kent City Code is amended by
repealing Section 15.02.290 as follows:
SECTION 30. Chapter 15.02 of the Kent City Code is amended by adding
anew Section 15.02.3 17 as follows:
See. 15.02.317. Overlay District. A defined geographic area where a set of
development reizulations are established to achieve a specific public purpose. These
regulations are in addition to those of the underlyingzoning oning district. Where a conflict
exists between the regulations of the overlay district and the underlying zoning the
re ulations of the overlav district shall apply.
SECTION 31. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.327 as follows:
Sec. 15.02.327. Pedestrian -oriented use. A commercial use whose customers
commonly arrive on foot, or where signage, advertising, window display and entry ways
are oriented toward pedestrian traffic on a public sidewalk Pedestrian -oriented business
may include restaurants, retail shops, personal service businesses travel services banks
exce t drive-through windows and similar establishments.
SECTION32. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.333 as follows:
I O]
Sec. 15.02.333. Plannin2 Director.Planning Director means the director of the Ci
of Kent Planning Department or his/her authorized designee.
SECTION 33. Chapter 15.02 of the Kent City Code is amended by adding
a new Section 15.02.335 as follows:
Sec. 15.02.335. Preschool. Preschool means establishments providing exclusively
educational programs for pre -kindergarten or preschool children but excluding day care
uses as defined in Section 15.02.100.
SECTION 34. Section 15.02.500 of the Kent City Code is amended as
follows:
Sec. 15.02.500. Special peFmit use. Special p@R%4 use means a pemait
mases use permitted in a district provided such use meets specific development the standards
as as outlined in Section 15.08.020.
SECTION 35. Section I 5.02.560 of the Kent City Code is amended as
follows:
Sec. 15.02.560. View property. View property means any property having a
general slope of twenty (20) percent or more and that property located immediately upslope
of such property for a distance of one hundred (100) feet in l! ;Z.2, R 9.6 as R! 2 all
SR zones, and a distance of two hundred (200) feet in all other zones, from the contour line
where the slope becomes twenty (20) percent or greater.
SECTION 36. Section 15.02.585 of the Kent City Code is amended as
follows:
Sec. 15.02.585. Zoning. Zoning means the regulation of the use of private lands
or the manner of construction related thereto in the interest of &ehi@=.;., .
im-plementin2 the goals and olicies of the comprehensive plan.
Zoniniz includes both the division of land into separate and district zoning districts and the
specific use and development standards which regulate development. Such regulation shall
also govern those public and quasipublic land use and buildings which provide for
government activities and proprietary type services for the community's benefit, except as
prohibited by law. as eefAmsted A4� ^^ti;ities. State and Federal
governmental activities are encouraged to cooperate under these regulations to secure
harmonious city development.
SECTION 37. Section 15.03.010 of the Kent City Code is amended as
follows:
Sec. 15.03.010. Establishment and designation of districts. The various districts
established by this title and into which the city is divided are designated as follows:
A-1 Agricultural District
The stated goal of the city is to preserve prime agricultural land in the Green River Valley
as a nonrenewable resource. The agriculture zone shall actively encourage the concentration
of agricultural uses in areas where incompatibility with urban uses will be minimal to aid
in the implementation of those goals. Further, such classification of prime agricultural land
thus recognizes and encourages farmingactivity as a viable sector of the local economy.
SR -1 Residential Agricultural District
The purpose of the SR -1 zone is to provide for areas allowing low density single-family
residential development. SR -1 zoning shall be applied to those areas identified in the
comprehensive plan for low densily development, because of environmental constraints or
the lack of urban services.
AG Agricultural General District
The purpose of the AG zone is to provide appropriate locations for agriculturally related
industrial uses in or near areas designated for long term agricultural use. Such areas may
contain prime farmland soils which may be currently or potentially used for agricultural
production.
SR -2 Single -Family Residential District
SR -3 Single -Family Residential District
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to encourage unique developments which may combine a mixture of residential,
commercial and industrial uses. By using_ flexibility in the application of development
standards this process will promote developments that will benefit citizens that live and
work within the city.
NCC Neighborhood Convenience Commercial District
It is the purpose of the NCC district to provide small nodal areas for retail and personal
service activities convenient to residential areas and to provide ready access to everyday
convenience goods for the residents of such neiihborhoods. NCC districts shall be located
in areas designated for neighborhood services in the comprehensive plan.
CC Community Commercial District
The purpose of the CC district is to provide areas for limited commercial activities that
serve several residential neighborhoods. This district shall only apply to such commercial
districts as designated in the city comprehensive plan. It is also the purpose of this district
to provide opportunities for mixed use development within the designated mixed use
overlay boundary, as designated by the comprehensive plan.
DC Downtown Commercial District
It is the purpose of the DC district to provide a place and create environmental conditions
which will encourage the location of dense and varied retail, office, residential, civic and
recreational activities which will benefit and contribute to the vitality of a central
downtown location to recognize and preserve the historic pattern of develo ment in the
area and to implement the land use goals and policies in the 1989 downtown plan, the Kent
Comprehensive Plan, and the Downtown Action Plan. In the DC area, permitted uses
should be primarily pedestrian oriented and able to take advantage of on -street and
structured off-street parking lots.
DCE Downtown Commercial Enterprise District
The purpose of this district is to encourage and promote higher density development and
a variety and mixture of compatible retail, commercial, residential, civic, recreational, and
service_ activities in the downtown area, to enhance the pedestrian -oriented_ character of the
14
downtown and to implement the goals and- policies of the 1989 downtown plan, the Kent
Comprehensive Plan, and the Downtown Strategic Action Plan.
DLM Downtown Commercial Limited Manufacturing District
It is the purpose of this zoning district to provide for light industrial land uses which m�
coexist with retail, business, residential and service land uses in the downtown area. This
district is intended to provide areas for those light manufacturing activities that desire to
conduct business in proximity to a variety of land uses such as is possible only in the
downtoNNm community.
CM -1 Commercial Manufacturing -1 District
It is the purpose of the CM -1 district to provide locations for those types of developments
which combine some characteristics of both retail establishments and industrial o erations
heavv commercial uses and wholesale uses.
CM -2 Commercial Manufacturing -2 District
It is the purpose of the CM -2 district to provide locations for those types of developments
which combine some characteristics of both retail establishments and small-scale, light
industrial operations, heavy commercial and wholesale uses, and specialty manufacturing.
GC General Commercial District
The purpose and intent of the general commercial district is to provide for the location of
commercial areas developed along certain major thoroughfares; to provide use incentives
and development standards which will encourage the redevelopment and upgrading adin of f such
areas; to provide for a range of trade, service, entertainment and recreation land uses which
occur adjacent to major traffic arterials and residential uses; and to provide areas for
development which are automobile oriented and designed for convenience, safety and the
reduction of the visual blight of uncontrolled advertising signs, traffic control devices and
utilily equipment. It is also the purpose of this district to provide opportunities for mixed
use development within the designated mixed use overlay boundary, as designated by the
comprehensive plan.
O Office District
It is the purpose of the O district to provide for areas appropriate for professional and
15
administrative offices. It is intended that such districts shall buffer residential districts and
the development standards are such that „office uses should be compatible with residential
districts. It is also the purpose of this district to provide opportunities for mixed use
development within the designated mixed use overlay, as designated in the comprehensive
plan.
MA Industrial Agricultural District
It is the purpose of the MA zone to identify lands which are transitional in nature and which
have a combination of agricultural and warehouse/distribution characteristics. MA lands
may be converted in the future to more intensive industrial zones at such time as adjoining
properties become more intensively developed and urban services such as water, sewer, and
improved street access become available.
M1,
M1-C Industrial Park District
The purpose of the M-1 district is to provide an environment exclusively for and conducive
to the development and protection of a broad range of industrial, office, and business park
activities, including modern, large scale administrative facilities, research institutions and
specialized manufacturing organizations, all of a non-nuisance type, as designated in the
comprehensive plan. This district is intended to provide areas for those industrial activities
that desire to conduct business in an atmosphere of prestige location in which
environmental amenities are protected through a hi2h level of development standards. It
is also the purpose of this zone to allow certain limited commercial land uses that provide
necessary personal and business services for the general industrial area. Such uses are
allowed in the M1 district, throu hg_ the application of the "C" suffix, at centralized, nodal
locations where major arterials intersect.
M2 Limited Industrial District
The purpose of the M2 district is to provide areas suitable for a broad range of industrial
and warehouse/distribution activities. The permitted uses are similar to those of the
industrial park district, except that non -industrial uses, particularly office and retail, are
restricted, in accordance with the manufacturing/industrial center designation in the
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comprehensive plan. Develo ment standards are aimed at maintaining an efficient and
desirable industrial area.
M3 General Industrial District
The purpose of the M3 district is to provide areas suitable for the broadest ran e of
industrial activities and to specify those industrial activities having unusual or otentiall
deleterious operational characteristics where special attention must be paid to location and
site development. Light industrial uses which require restrictive standards on the part of
adjoining uses and non -industrial uses are discoura ed from locatin in this district in
accordance with the manufacturin /industrial center des/nation in the comprehensive 121an.
GWC Gateway Commercial District
It is the puKpose of the gateway commercial district to provide retail commercial uses
appropriate. alon major vehicular corridors while encouraging appropriate and unified
development arnong, the properties within the district. It is designed to create uni ue
unified and recognizable streetscaves while ensuring land use compatibility and the
exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate
areas of site design and to encourage mixed use developments. The gateway commercial
district recognizes the significance of the automobile while simultaneously minimiziniz its
dominance in commercially developed areas and avoiding unsightly highway stri
commercial development The gateway commercial_ development standards promote land
uses which minimize -physical and visual impacts normally associated with highway
commercial developments. Landscaping, arkin , and sin standards have all been
enhanced as compared to the current commercial and industrial zoning districts. These
standards will promote a viable unique and recognizable commercial area along East
Vallcy Highway. Moreover, the gateway commercial district will encourage the
development of commercial uses ca able of benefiting and ensuring the long term
enhancement of properties throu hout the study area.
SU Special Use Combining District
It is the P=ose of the SU district to provide forspecial controls for certain uses which do
not clearly fit into other districts which may be due to technological and social changes
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or which are of such unique character as to warrant special attention in the interest of the
city's optimum development and the preservation and enhancement of its environmental
quality. A special use combining district is imposed on an existing zoning district,
permitting the special use as well as uses permitted by the underlying zone. The combining
district becomes void if substantial construction has not begun within a one-year period,
and the district reverts to its original zoning designation. It is the intent of the special use
combining regulations to provide the city with adequate procedures for controlling and
reviewing such uses and to discourage application for speculative rezoning
SECTION 38. Chapter 15.04 of the Kent City Code is repealed in its
entirety and a new Chapter 15.04 is adopted as follows:
CHAPTER 15.04. DISTRICT REGULATIONS
See. 15.04.010. Interpretation of Land Use Tables.
A. Land Use Tables. The land use tables in sections 15.04.020 through 15.04.140
determine whether a specific use is allowed in a zoning district. The zoning
districts are located in the vertical columns and the land uses are located on the
horizontal rows of these tables. A purpose statement for each zoning district is
included in Chapter 15.03.
B. Principally Permitted Uses. If the letter 'T" appears in the box at the intersection
of the column and the row, the use is permitted in that zoning district subject to the
review procedures specified in Chapter 15.09, the development conditions
following the land use table, and any requirements of an overlay zone and the
general requirements of the code.
C. Special Uses. If the letter "S" appears in the box at the intersection of the column
and the row, the use is permitted in that zoning district subject to the review
procedures specified in Chapter 15.09, the development conditions following the
land use table, the development standards stated in Sec. 15.08.020, any
requirements of an overlay zone and the general requirements of the code.
18
D. Conditional Uses. If the letter "C" appears in the box at the intersection of the
column and the row, the use is permitted in that zoning district subject to the review
procedures specified in Chapter 15.09, the development conditions following the
land use table, the review criteria stated in Sec. 15.09.030, any requirements of an
overlay zone and the general requirements of the code.
E. Accessory Uses. If the letter "A" appears in the box at the intersection of the
column and the row, the use is permitted in that zoning district subject to the review
procedures specified in Chapter 15.09, the development conditions following the
land use table and any requirements of an overlay zone and the general
requirements of the code.
F. Development Conditions. If a number appears next to the land use or in the box at
the intersection of the column and the row, the use may be allowed subject to the
appropriate review process indicated above, the general requirements of the code,
and the specific conditions indicated in the development condition with the
corresponding number in subsection immediately following each land use table.
G. Multiple Development Conditions. If more than one letter -number combination
appears in the box at the intersection of the column and the row, the use is allowed
in that zone subject to different sets of limitations or conditions depending on the
review process indicated by the letter, the general requirements of the code and the
specific conditions indicated in the development condition with the corresponding
number immediately following the table.
H. Overlay Zones. Overlay districts provide policies and regulations in addition to
those in the underlying zoning district. Overlay zones include the Mixed Use
Overlay and the Green River Corridor Special Interest District.
I. Applicable Requirements. All applicable requirements shall govern a use whether
or not they are cross-referenced in a section.
J. interpretation of Other Uses. Any other un -named use shall be permitted if it is
determined by the planning director to be of the same general character as the
19
principally permitted uses and in accordance with the stated purpose of the district, per
Section 15.09.065.
20
Sec. 15.04.020. Residential Land Uses.
21
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
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One single-family dwelling per lot
P
P
P
P
P
P
P
P
P
P
A(1)
A(1)
A(1)
A(1)
Single family dwellings
P
P
One duplex per lot
P
Modular homes
P
P
P
P
P
P
P
P
P P
P
Duplexes
P P
P
Multifamily dwellings
P P
P
P(4)P
P
P
P
C(2)
(2)
C(5j
(3)
(2)
Multifamily dwellings for senior citizens
I P(2)
P
P
P(3)
P(2)
Mobile homes and manufactured homes
P
Mobile home parks
P
P P
P
P
(13)
(13) (13)
;13)
Group homes class I -A
P
P
P
P
P
P
P
P P
P
?
P
P
P
P
C
C
C
P
Group homes class 1-6
P
P P
P
P
P
P
P
C
C
C
C
P
Group homes class I -C
C
C P
P
P
P
P
P
C
C
C
C
P
Group homes class II -A
C
C C
C
r
C
C
C
C
C
C
C
C
Group homes class II -B
C
C C
C
C
C
C
C
C
C
C
C
C
Group homes class I -C
C
C C
C
C
C
C
C
C
C
C
C
C
Group homes class Ill
C
C
C
C
C
C
C
C
C
Rebuildfaccessory uses for existing dwellings
P;6)
P(6)
P(6)
P(6)
P(6)
P(6)
P(6)
P(6)
P(6)
P(6)
P(6)
P(6)
P(6)
Transitional housing
P(7)
P(7)
Guest cottages and houses
A
A
A
A(6)
Rooming and boarding of not more than three
A
A
A
A
A
A
A A
A
persons
Farm worker accommodations
A
A.
A
A(9)
Accessory uses and buildings customari y
A
A
A
A
A
A
A
A
A A
A
A
A
A
A
A
A
A
A
A
A
A
appurtenant to a permitted use
Accessory dwelling ur.its
Ali0)
All0)
(1 0)
(1 0)
(I 0)
Ali0)
All0j
All0J
AO0}
(10)
(10)
I
A,(lD)A(10)1
Accessory IN ng quarte•s
(14)
(14)
(14)
(14)
(14)
(14)A(14)A(14)A(14)
(14)A(14)A(14)A(14)A(14)
.(14)
Home occupations
(1 11
(1 1)
('1)
(1')
(1 1)
All1)
(1 1)
All1)
(11) All1J
('1)
Service buildings
A
Storage buildings and storage of recreational
A
vehicles
Drive-in churches; welfare facilit es: Drive-in
C
C
C
C
C
C
C
C
C C
C
C
C
C
C
0
C
C
C
(12)
C
C
C
C
C
C
C
churches. retirement homes, convalescent
homes and other welfare facilites whether
privately or publicly operated, facilities for
rehabilitation or correction, etc
21
See. 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 use shall be permitted only in the mixed-use overlay when
included within a mixed use development.
3. Multifamily residential use shall be permitted only in the mixed-use overlay.
4. Multifamily residential uses, when established in buildings with commercial or
office uses, and not located on the ground floor.
5. Multifamily residential uses, when not combined with commercial or office uses.
6. Existing dwellings may be rebuilt, repaired and otherwise changed for human
occupancy. Accessory uses for existing dwellings may be constructed. Such uses
are garages, carports, storage sheds and fences.
7. Transitional housing facilities, limited to a maximum of twenty (20) residents at any
one (1) time and four (4) resident staff.
8. Guesthouses not rented or otherwise conducted as a business.
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 units are allowed subject to the provisions of Section
15.08.350.
11. Customary incidental home occupations subject to the provisions of section
15.08.040.
12. Except for transitional housing with a maximum of twenty (20) residents and four
(4) staff.
13. Subject to the combining district requirements of the Mobile Home Park Code,
KCC 12.05.
14. Accessory living quarters are allowed per the provisions of Section 15.08.359.
22
Sec. 15.04.040 Manufacturing Land Uses.
Zoning Districts
Key
P = Principally Permitted Uses
5 =Special Uses
Z
C = Conditional Uses Conditional'
Donal
= Accessory Uses
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(D
Manufacturing, processing, blending and
P
P
P
P
P
P
P
P(2)
packaging of food and beverage products
C(1)
Manufacturing, processing, blending and
P
?
P
P
P
P
P
P(2)
packaging of drugs, pharmaceuticals,
CO)
toiletries and cosmetics,
Manufacturing, processing, blending and
P
P
P
P
P
P
P
P(2)
packaging of dairy products and byproducts
C(1)
Manufacturing, processing, etc. of textile
o
C
P
P(2)
products
C(1)
Manufacturing, processing, etc. of apparel,
P
C
P
P(2)
fabric, accessories & leather goods
CO)
Manufacturing, processing, etc. of furniture
P
Pr3)
P(2)
and fixtures
Printing, publishing and allied industries
P(25)
P
P
P(3)
C
P
P
P
P
P(2)
CO)
Chemicals and related products mfg,
P
P
P
P
P
P
P(2)
C(4)
C(4)
C(4)
C(f)
Contractor shops and storage
P
P
C
P
P(5)
C(1)
Hand-crafted products mfg.
P
P(2)
Computers, office machines and equipment
P(6)
P(3)
P(2)
Mfg.
Manufacturing and assembly of Electrical
P(6)
P(3)
P
P
P
P
P(2)
equipment,; Appliances, lighting, radio, TV
CO)
communications, equipment and components
Fabricated metal products mfg.; Containers,
P
P
P
P
P
P
P(2)
hand tools; heating equipment, screw
C(1)
products, extrusion; coating; and plating
Manufacturing and assembly of Electronic
P
F
P
and electrical devices; and automotive,
aerospace, missile, airframe and similar
producis-
Hazardous substance land uses A(7)
A(7)
A(9)
A(9)
(10)
(10)
(1 0)
(11)(1T(1I1)A(10)A(13)A(15)A(15)
(15)
(18)
C(8)
C(8)
(12)
(1(12)
(14)
(16)
(16)
(17
(19)
Offices incidental and necessary to the
A
A
A
C
C
P
P
P
P
conduct of a principally permitted use
Warehousing and distribution facilities
P
P
P(20)
(20)
P
P
C(21)
(21)
Miniwarehouses self -storage
C(22)
P
F
C
P(23)
2Z
Manufacturing of Soaps, detergents, and
?
other basic cleaning and cleansing
preparations
Manufacturing of Plastics and synthetic
P
resins
Manufacturing of Synthetic and natural fuer
P
and cloth
Manufacturing of Plywood, composition
P
wal board, and similar structural wood
products
Manufacturing of Nonmetallic mineral
P
products such as abrasives, asbestos, chalk,
pumice and putty
Manufacturing of Heat resisting or structural
P
clay products (brick, tile, or pipe;, or porcelain
products
Manufacturing of Machinery and heavy
P
machine tool equipment for general industry
and mining, agricultural, construction or
service ind,istries
Manufacturing, processing, assembling, and
P
P
P
P
P
P(2)
packaging of articles, products, or
(24;
C(1)
merchandise made from previously prepared
natural or syithelic materials
Manufacturing, processing, treating,
P
P
P
assembling and packaging of articles,
products, or merchandise f,om previously
prepared ferrous, nonferrous or alloyed
metals.
Manufacturing, processing, asseTbling, and
P
P
P
packaging of precision components and
products such as radio and television
equipment, and home appliances.
Complexes which include a combination of
P
P
uses, including a mixture of office, storage,
and light manufacturing uses.
Accessory uses and buildings customarily
A,
A
A
A
A.
A.
A.
A
A
A
A
A
A
A
A
A
A
A
A
A
A
appurtenant to a permitted use
ILI
24-
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 alkalies and
chlorine, industrial and liquid petroleum, gases, cellophane, coal tar
products, dyes and dye products, impregnated products, tanning
compounds, and glue and gelatin.
(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.
(4) Sandblasting plants.
25
f. Animal and food processing, including the following and similar operations:
(1) Tanning, dressing and finishing of hides, skins and furs.
(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 and 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.
(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 (10,000)
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
26
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 -square -foot total shall include all indoor and outdoor storage
areas associated with the manufacturing operation. Only one (1) ten -thousand -
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 M-3 zone.
5. Contractor shops where most of the work is done 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. Building, structure or total operation may not encompass more than ten thousand
(10,000) square feet of area. The ten -thousand -square -foot total shall include all
indoor and outdoor storage areas associated with the manufacturing operation. Only
one (1) ten -thousand -square -foot manufacturing operation shall be permitted per
lot.
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 chapter 11.02 and do not accumulate more than twenty thousand (20,000)
pounds of hazardous substances or wastes or any combination thereof at any one
(1) time on the site, subject to the provisions of section 15.08.050, except offsite
hazardous waste treatment or storage facilities, which are not permitted in this
district.
8. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup permit requirements of chapter 11.02 and which accumulate more than
twenty thousand (20,000) pounds of hazardous substances or wastes or any
27
combination thereof at any one (1) time on the site, subject to the provisions
section 15.08.0501, except offsite hazardous waste treatment or storage facilities,
which are not permitted in this district.
9. For permitted uses, hazardous substance land uses, including onsite hazardous waste
treatment or storage facilities, which are not subject to cleanup permit requirements
of chapter 11.02 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 section 15.08.050, except offsite
hazardous waste treatment or storage facilities, which are not permitted in this
district.
10. For permitted uses, hazardous substance land uses, including onsite hazardous waste
treatment or storage facilities, which are not subject to cleanup permit requirements
of chapter 11.02 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 section 15.08.050, except offsite
hazardous waste treatment or storage facilities, which are not permitted in this
district.
11. For permitted uses, hazardous substance land uses, including onsite hazardous waste
treatment or storage facilities, which are not subject to cleanup permit requirements
of chapter 11.02 and which do not accumulate more than ten thousand (10,000)
pounds of hazardous substances or wastes or any combination thereof at any one
(1) time on the site, subject to the provisions of section 15.08.050, except offsite
hazardous waste treatment or storage facilities, which are not permitted in this
district.
12. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup requirements of chapter 11.02 and which accumulate more than ten
thousand (10,000) pounds of hazardous substances or wastes or any combination
thereof at any one (1) time on the site or which handle more than twenty thousand
(20,000) pounds of hazardous substances and wastes on the site in any thirty -day
78
17. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup permit requirements of chapter 11.02 and which accumulate more than
twenty thousand (20,000) pounds of hazardous substances or wastes or any
combination thereof at any one (1) time on the site, subject to the provisions of
section 15.08.050. Offsite hazardous waste treatment or storage facilities are not
permitted in this district, except through a special use combining district.
18. For permitted uses, hazardous substance land uses, including onsite hazardous waste
treatment or storage facilities, which are not subject to cleanup permit requirements
of chapter 11.02 and which do not accumulate more than twenty thousand (20,000)
pounds of hazardous substances or wastes or any combination thereof at any one
(1) time on the site, subject to the provisions of section 15.08.050, except offsite
hazardous waste treatment or storage facilities, which require a conditional use
permit in this district.
19. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup permit requirements of chapter 11.02 and which accumulate more than
twenty thousand (20,000) pounds of hazardous substances or wastes or any
combination thereof at any one (1) time on the site, subject to the provisions of
section 15.08.050, except offsite hazardous waste treatment or storage facilities,
which require a conditional use permit in this district.
a. Offsite hazardous waste treatment or storage facilities, subject to the
provisions of section 15.08.050.
b. Any hazardous substance land use that is not an accessory use to a
principally permitted use.
20. 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.
21. Conditional use for car loading and distribution facilities, and rail -truck transfer
stations.
22. All sales, storage and display occur within enclosed buildings.
30
23. Miniwarehouses, provided that the following development standards shall apply
miniwarehouses, super-seding those set out in subsection 15.04.100(E):
a. 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 subsection 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.
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:
a. Front yard: Twenty (20) feet.
b. Side yard: Ten (10) feet.
C. Rear yard: Ten (10) feet.
e. Height limitation. The height limitation is one (1) story.
f. Outdoor storage. No outdoor storage is permitted.
g. Signs. The sign requirements of chapter 15.06 shall apply.
h. Offstreet parking.
(1) The offstreet parking requirements of chapter 15.05 shall apply.
(2) Offstreet parking may be located in required yards, except in areas
required to be landscaped.
i. Development plan review. Development plan approval is required as
provided in section 15.09.010.
j. Landscaping. Landscaping requirements are as follows:
31
(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 Il 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.
1. Drive aisles. Drive aisle width and parking requirements are as follows:
a. Fifteen -foot drive aisle and ten -foot parking aisle.
b. Parking for manager's quarters and visitor parking.
in. 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) Auctions (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.
32
(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.
(6) Storage of hazardous or toxic materials and chemicals or explosive
substances.
P. Fencing. No razor wire is allowed on top of fences.
24. Prohibited are those manufacturing activities having potentially deleterious
operational characteristics, such as initial processing of raw materials (forging,
smeltering, refining and forming).
25. The ground level or street level portion of all buildings in the pedestrian overlay
the DC district 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 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;
33
f. Professional services, including but not limited to, law offices andl
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 section 15.09.065, Use
Interpretations.
34
See. 15.04.060. Transportation, Public and Utilities Land Uses.
35
Zoning Districts
Key
P = Principally Permitted Uses
S =Special Uses
a
C = Conditional Uses
ro
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C
C
Transportation and transit facilities
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
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Railway and bus depots, taxi stands
C
C
Utilityand transportation facilities: Electrical
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
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substations, pumping or regulating devices
for the transmission of water, gas, steam,
pe'roleum, etc.
Public facilities. Firehouses, police stations,
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
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C
C
C
C
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lioraries and administrative offices of
governmental agencies, primary and
secondary schools, vocatonai schools and
colleges.
Accessory uses and bui'dings customarily
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
appurtenant to a permitted use
35
See. 15.04.070. Wholesale and Retail Land Uses.
36
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
2
C = Conditional Uses
°
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Bakeries and Confectionaries
P
P
Wholesale bakery
P
P
Bulk retail
P
P
P(1)
P(1)
Recycling centers
C
P
Retail sales of lumber, tools and other
P
P
P
P
C
P
building materials, including preassembled
products
Hardware, paint, tie and wallpaper (retail)
P
P(11)
P
C
P
P
P(2)
Farm equipment
I
P
P
General merchandise: Cry goods, variety and
I P
P(11)
P
C
P
P
10(2)
department stores (retail)
Food and convenience stores (retail)
F
I P
P(11)
P
1 C
P
P
P(4)
P(2)
Automobile, aircraft, motorcycle, boat and
P
P
P
P
P
recreational vehicles sales (retail)
Automotive, aircraft, motorcycle and marine
P
P
P(5)
accessories (retail)
Gasoline service stations
S(6)
S(6)
S(6)
5(6)
S(6)
S(6)
I IS(6)
S(6)
S(6)
C
Apparel and accessories (retail)
P
P(11)
P
C
P
P
P(2)
Furniture, home furnishing (retail)
P
P(11)
P
C
P
P
P(2)
Eating and drinking establishments (no
P
P
P(11)
P
P
P
P
P
P
P
P(5)
P(2,3)
drive-through)
Eating and drinking establishments (with
S(6)
C(7)
P
S(6)
P
P(2,3)
drive-through)
Eating facilities for employees
A
A
A
A
Miscellaneous retail. Drugs, antiques, books,
P
P
P(' 1)
P
C
P
P
AB)
P(2)
snorting goods, jewelry, Florist, photo
sdpplies, video rental, computer supplies,
etc.
Liquorstore
P
P
P(11)
P
C
P
P
P
P(2)
Farm supplies, hay, grain, feed, fencing, etc.
P
C
P
P
(retail)
Nurseries, green houses, garden supp ies,
P
P(? 1)
P
C
P
tools, etc.
Pet shops (retail and grooming)
P
P
Computers and electronics (retail)
P
P
P
P
P(2)
Hotels and motels
P(t 1)
P
C
P
P
P
P(2)
Complexes which inc ude combinations of
P
uses, including a mixture of office, light
manufactur ng, storage and commercial uses
Accessory uses and buildings customar lyA
A(9)
A
A
A
A
A
A
A
A
A
A
A
A
A
(1 0)
A
A
A
A
A
A
aopudenant to a permitted use
36
See. 15.04.080. Wholesale and Retail Land Use Development Conditions.
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.
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 pennit process. (See subsection
15.04.180 D.3.)
6. Special uses must conform to the development standards listed in section 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.
10. Retail uses operated in conjunction with and incidental top ermitted 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 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:
37
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
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 section 15.09.065, Use
Interpretations.
Ground Floor RetailiceYvice Area
Y. SMITH. ST.
Yl. H.ZAli�SON.
.....,.nrrrrnT�TT[LiL3
DC a
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• G
mum Ground Floo etai a Ce Us R%Vired
3g
Sec. 15.04.090. Service Land Uses.
3q
Zoning Districts
P = Principally Permitted Uses
6
S = Special Uses
m
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U
C = Conditional Uses
a
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A =Accessory Uses
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Finance insurance, real estate services
P
P(1,
P
F
P
P
P
P
F(2)
P(3)
12)
Personal services: Laundry; dry cleaning;
P
P
P(12)
P
P
P
C
P
P
P(2)
P(3;
barber; salons; shoe repair; launderettes
Mortuaries
P(12)
P
P
C
P(3)
Home day care
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
Day care center
C
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
Business services. duplicating and blue
P
P
P
P
P
P
P
P(2)
P(3)
printing, travel agencies and employment
agencies
Building maintenance ane pest control
P
P
P
P
P
P(2)
Warehousing and storage services
P
P
P
(excluding stockyards)
Rental and leasing services for cars, trucks,
P
P
P
P
P
P(2)
tra.lers, furniture and tools
Auto repair and wash: ng services
C
P
P
P
P I
C I
P I
C(5)
Repair services: Watch, N; electrical;
P
P(12)
P
P
P
P
P(2)
e'ectronic; upholstery
L
Professional services: Medical; clinics and
P
P
?
P
P
P
P
P(2)
P(3)
other health care related services
Hospitals
Contract construction services: Building
P
P
P
P
F
P
P
P(2)
P(3)
construction; plumbing; paving and
landscaping
Educational Services: vocational; trade; art,
P
P
P
P
P
P
P
P(2)
P(3)
music; dancing; barber and beau*,y
Churches
S(4;•
P
S(4)
S(4)
S(4)
S(4)
S(4)
S(4)
S(4)
P
S(4)
S(4)
S(4)
S(4)
S(4)
S(4)
S(4)
Administrative and professional offices -
P
P(12)
P
P
P
P
P
P
P
P
P(2)
general
Municipal uses and buildings
P
P
P
o
P
P
P
P
P(2)
P
P
Research, development and testing
P
?
P
P
P
P
P
°lanned Development Retail Sales
C(6)
Accessory uses and buildings customarily
A.
A(7)
A
A
4
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
appurtenant to a permitted use
Boarding kennels and breeding
C
C
C
establishments
Veterinary clinics and veterinary hospitals
C
P(8)
P(9)
P(10)
C
P(11)
Admirwstrafr�eorexecuriveofficeswhichareparto(
P
P
P
P
a predominant industrial operation.
Offices incidental and necessary to the
JA
A
A
corduct of a principally permitted use
3q
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 section 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.
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 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. Veterinary clinics and animal hospital services 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.
10. Veterinary clinics when located no closer than one hundred fifty (150) feet to any
40
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.
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
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 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
general character as the above permitted uses and in accordance with the
stated purpose of the district, pursuant to section 15.09.065, Use
Interpretations.
41
Ground Floor Retail/Service Area
I
V. SMITH. ST..71
Yl. )iARR1SOH • ST.
uu�uu�a��uuie�u_ 1- .
DC
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TITUS ST
IJ 4
F
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,u:,=„ Ground Floor Retail/Service Use Required
See. 15.04.110. Cultural, Entertainment and Recreation Land Uses.
42
Zoning Districts
Key
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ry
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S = Special Uses
2
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Art gallerieslstudics
P
P(3)
P
P
P
P
P
P(1)
Historic and monu ment sites
P
P
Public assembly (indoor) sports facilities;
P
P(3)
P
P
P
P
?
P(2)
C
arenas; auditoriums and exhibition halls,
bowling alleys, skating rinks, community
clubs: athletic clubs; recreation centers;
theaters (excluding school facilities)
Public assembly (outdoor): Fairgrounds and
P
P
amusement parks; tennis courts; athle,,ic
fields; mieiature golf; go-cart tracks; drive-in
theaters; etc.
Open space use: Cemeteries, parks,
C
C
C
C
C
0
C
C
C
C
C
C
C
C
C
P(3)
P
P
C
„
C
C
C
C
C
C
C
C
playgrounds, golf courses and other
C
C
C
recreaGcn facilities; including bui:dings or
structures associated therewith.
Employee recreation areas
A
A
A
A
Private clubs, fraternal lodges etc
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
Recreational vehicle parks
C
P
Accessory uses and buildings customarily
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
appurtenant to a permitted use
Recreational buildings in MHP
A
42
Sec. 15.04.120. Cultural, Entertainment and Recreation Land Use
Development Conditions.
1. All sales, storage and display occur within enclosed buildings.
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. The ground level or street level portion of all buildings in the pedestrian overlay of
the DC district 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 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
43
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 section 15.09.065, Use
Interpretations.
44
Sec. 15.04.130. Resource Land Uses.
45
Zoning Districts
Key
P = Principally Permitted Uses
4i
S = Special Uses
C = Conditional Uses72
V)
a)
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A = Accessory Uses
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Agricultural uses
P
P
P
P
'
P
Crop and tree farming
P
P
P
P
P
P
P
?
P
P
C
P
Storage, manufacturing, processing and
P
conversion of agricultural products (not
including slaughtering or meat packing)
Accessory uses and buildings customarily
A
I
A(1)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
appurtenant to a permitted use
Roadside stands
A(3)
A(3)
A;3)
)
2
45
Sec. 15.04.140. Resource land use development conditions.
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 premise.
Sec. 15.04.150. Special use combining district, SU. It is the purpose of the SU
district to provide for special controls for certain uses which do not clearly fit into other
districts, which may be due to technological and social changes, or which are of such
unique character as to warrant special attention in the interest of the city's optimum
development and the preservation and enhancement of its environmental quality. A special
use combining district is imposed on an existing zoning district, permitting the special use
as well as uses permitted by the underlying zone. The combining district becomes void if
substantial construction has not begun within a one-year period, and the district reverts to
its original zoning designation. It is the intent of the special use combining regulations to
provide the city with adequate procedures for controlling and reviewing such uses and to
discourage application for speculative rezoning.
A. Uses subject to special use combining district regulations. The following list is
illustrative of the types of uses subject to special use combining district regulations
and is not intended to be exclusive:
1. Uses which occupy or would occupy large areas of land.
2. Uses which would involve the construction of buildings or other structure=_
of unusual height or mass.
3. Uses which house, employ or serve large numbers of people.
4. Uses which generate heavy traffic.
5. Uses which have unusual impact on environmental quality of the area.
46
6. Any use which does not lend itself to an interpretation of substantial
similarity to other uses identified or described in this title.
7. Uses which, in the judgment of the planning director, warrant review by the
planning commission and the city council.
8. Examples of uses subject to review as described in this subsection would
include but are not limited to the following:
a. Commercial uses: sports stadiums, rodeos, fairgrounds, exhibition
or convention halls, merchandise marts and drive-in theaters.
b. Special environmental problems posed by: refineries, nuclear power
generating plants, airports, heliports, sanitary landfills, extractive
industries, solid waste incinerators or energy/resource recovery
facilities.
C. Hazardous wastes: offsite hazardous waste treatment or storage
facilities in M1 and M2 districts only, subject to the provisions of
section 15.08.050.
B. Application procedures. The application procedure for a special use combining
district shall be the same as for an amendment to this title as provided in section
15.09.050, except that development plan approval is concurrent with the combining
district.
C. Documentation required. Required documentation is as follows:
1. A vicinity map drawn to a scale not smaller than one thousand (1,000) feet
to the inch showing the site in relation to its surrounding area, including
streets, roads, streams or other bodies of water, the development
characteristics and zoning pattern of the area, and a scale and north arrow.
The vicinity map may be in sketch form but shall be drawn with sufficient
accuracy to reasonably orient the reader to the vicinity, and to adequately
convey the required information.
47
2. A map or drawing of the site drawn to a scale acceptable to the planning
department, generally one hundred (100) feet to the inch. The map or
drawing shall show the following information:
a.Dimensions and names of streets bounding or touching the site.
b. Such existing or proposed features as streams or other bodies of
water, rights-of-way, easements and other physical or legal features
which may affect or be affected by the proposed development.
C. Existing and proposed topography at contour intervals of not more
than five (5) feet in areas having slopes exceeding three (3) percent,
and not more than two (2) feet in areas having slopes of less than
three (3) percent.
d. Accurate legal description of the property.
e. Existing and proposed structures or buildings, including the
identification of types and proposed use of the structures. All uses
must be compatible with the major use.
f. Offstreet parking and loading facilities.
g. Dimensions of the site, distances from property lines and space
between structures.
h. Tentative routing of domestic water lines, storm drains, sanitary
sewers and other utilities, including an identification of planned
disposal or runoff.
i. Elevations, perspective renderings or such other graphic material or
evidence to illustrate effect on the view enjoyed by and from other
properties in the vicinity, if required by the planning department.
j. Architectural renderings of buildings.
k. A written statement providing the following information:
(1) Program for development, including staging or timing.
(2) Proposed ownership pattern upon completion of
development.
(3) Basic content of restrictive covenants, if any.
(4) Provisions to ensure permanence and maintenance of open
space through means acceptable to the city.
(5) Statement or tabulation of number of persons to be
employed, served or housed in the proposed development.
(6) Statement describing the relationship of the proposed'.
development to the city comprehensive plan.
(7) Statement indicating availability of existing or proposed
sanitary sewers.
3. Such other data or information as the planning department may require.
D. Development standards. In reviewing and approving proposed developments falling
under the purview of this section, the hearing examiner and city council shall make
the following findings:
1. That the location for the proposed use is reasonable.
2. That existing or proposed trafficways are adequate to serve new
development.
3. That setback, height and bulk of buildings are acceptable for the proposed
use and for the vicinity in which it is located.
4. That landscaping and other site improvements are comparable to the highest
standards set forth for other developments as set out in this title.
5. That the performance standards pertaining to air and water pollution, noise
levels, etc., are comparable to the highest standards specified for other uses
as set out in this title.
6. That the proposed development is in the public interest and serves a need
of community -wide or regional importance.
In reviewing and approving special uses, the hearing examiner and the city
council may impose such conditions as they deem necessary in the
of the welfare of the city and the protection of the environment.
E. Period of validity. Any special use combining district shall remain effective only
for one (1) year unless the use is begun within that time or construction has
commenced. If not in use or construction has not commenced within one (1) year
of the granting of the special use combining district, the combining district shall
become invalid, and the original zoning designation of the land shall apply.
F. Minor and major adjustments.
1. If minor adjustments are made following the adoption of the final
development plan and approval of the combining district, such adjustments
shall be approved by the planning director prior to the issuance of a building
permit. Minor adjustments are those which may affect the precise
dimensions or siting of buildings approved in the final plan, or the density
of the development or open space provided.
2. Major adjustments are those which, as determined by the planning director,
substantially change the basic design, density, open space uses or other
similar requirements or provisions. Authorization for major adjustments
shall be made by the city council.
3. The provisions of this subsection pertaining to minor and major adjustments
shall apply to various parts of a staged development.
Sec. 15.04.160. Development Standards. Development standards are listed down
the left side of the tables, and the zoning districts are listed at the top. The matrix cells
contain the minimum dimensional requirements of the zone. The parenthetical numbers in
the matrix identify specific requirements applicable either to a specific use or the entire
zone. A blank box indicates that there are no specific requirements. If more than one
standard appears in a cell, each standard will be subject to any applicable parenthetical
footnote following the standard.
50
Sec. 15.04.170. Agricultural and Residential Zone Development Standards.
51
ZoningDistricts
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SF
Duplex
SF IDuplex
MF
SF IDuplex
MF I
SF jFuplex
MF
Maximum density:
1 dulac
1 dulac
2.18
3.63
4.53
6.05
8.71
8.71
8.71
16
8.71
23
40
dwelling units per acre
duslac
duslac
duslac
duslac
duslac
duslac
duslac
dusleo
dus/ac
duslac
duslac
Minimum lot area: square
34,700
1 ac
34,700
16,000
9,600
7,600
5,700
4,000
4,000
8,000
4,OOD
8,OD0
8,500!
4,000
8,000
8,5001
4,0130
8,000
8,5001
feet or acres, as noted
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
2,500
sq ft
sq ft
1,600
sq ft
sq ft
900 sq
S9 ft.
sq ft
ft (3)
(1)
(2)
Minimum lot width: feet
60 ft
60 ft
5011
50 ft
III
111
411
40 ft
80 ft
40 ft
BON
111
411
111
111
401
80 ft
80 N
(4)
Maximum site coverage:
30%
50%
30%
30°%
45%
45%
50%
551%
55%
40%
55%
40%
45%
11%
40%
45%
55%
41%
50%
percent of site
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
Minimum yard
(27)
requirements: feet
Front yard
20 ft
30 ft
20 ft
loft
10ft
1011
loft
loft
loft
loft
10ft
10ft
20 ft
101
10ft
20ft
loft
loft
201
(6)
(7)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(8)
(8)
(6)
(8)
(8)
(8)
(8)
(8)
(8)
(a)
(8)
(6)
(B)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
Side yard
15ft
(10)
15ft
5 f
5 f
511
5 f
5 f
5 f
511
5 f
5 f
(11)
5 f
5 f
(11)
5 f
5 f
(11)
Side yard on Nanking
2011
20 ft
loft
loft
loft
loft
loft
loft
loft
iol
loft
1511
10ft
103
15ft
10ft
loft
15ft
street of a corner lot
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
Rear yard
201
15ft
5 f
511
5 f
5 f
5 f
5 f
8 f
5 f
811
20 ft
5 f
8 f
20 ft
511
8 f
20 ft
Additional
(12)
(13)
(1 2)
(14)
(14)
(14)
setbacksldistances
(15)
(15)
(15)
between buildings
Height limitation: in
2.5
2 stryl
2.5
2.5
2.5
2.5
2.5
2.52.5
2.5
2.5
2.5
3 stry/
2.5
2.5
3 slry!
2.5
2.5
4 stryl
stories/not to exceed in
stry135
3511t
stryl 35
stryl 35
stry135
stryl 35
stry/ 35
stry130
stry/ 30
stry135
stryl 30
stryl 35
40 ft
stryl 30
stryl 35
40 ft
sty 30
stry/ 35
50 ft
feet
ft
(17)
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
ft
N
ft
N
(l6)
(18)
Maximum impervious
40%
40%
40%
50%
60%
70%
75%
75%
70%
75%
70%
75%
70%
75%
70%
surface: percent of total
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
parcel area
Zero lot line and
The provisions in Sections 15.06.300, 310, 320, and 330 shall apply.
clustering
Signs
The sign regulations of Chapter 15,06 shall apply,
Offstreet parking
The off-street parking requirements of Chapter 15.05 shall apply.
Landscaping
The landscaping requirements of Chapter 15,07 shall apply.
Multi-famlly Transition
(25)
(25)
(25)
Area
Multi -family design
(26)
(26)
(26)
review
Additional standards
Additional standards for specific uses are contained in Chapter 15.08.
51
Sec. 15.04.180. Development Standard Conditions.
1. Minimum lot area is eight thousand five hundred (8,500) square feet for the first
two (2) dwelling units, and two thousand five hundred (2,500) square feet for each
additional dwelling unit.
2. Minimum lot area is eight thousand five hundred (8,500) square feet for the first
two (2) dwelling units, and one thousand six hundred (1,600) square feet for each
additional dwelling unit.
3. Minimum lot area is eight thousand five hundred (8,500) square feet for the first
two (2) dwelling units, and nine hundred (900) square feet for each additional
dwelling unit.
4. To determine minimum lot width for irregular lots, a circle of applicable diameter
(the minimum lot width permitted) shall be scaled within the proposed boundaries
of the lot, provided that an access easement to another lot is not included within the
circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within the front building
set back line.
7. For properties abutting on West Valley Highway, the frontage on West Valley
Highway shall be considered the front yard.
8. Proposed front yards less than twenty (20) feet in depth are subject to approval by
the planning director, based on review and recommendation from the public works
department relative to the existing and future traffic volumes and right-of-way
requirements as specified in the city comprehensive transportation plan and city
construction standards.
9. At least twenty (20) linear feet of driveway shall be provided between any garage,
carport or other primary parking area and the street property line with the exception
of an alley property line.
10. An aggregate side yard of thirty (3 0) feet shall be provided. A minimum of ten (10)
feet shall be provided for each side yard. On a corner lot the side yard setback shall
52
be a minimum of twenty (20) feet from the property line.
11. Each side yard shall be a minimum of ten (10) percent of the lot width; however,
regardless of lot width, the yard width need not be more than thirty (30) feet.
12. Structures for feeding, housing and care of animals, except household pets, shall be
set back fifty (50) feet from any property line.
13. Additional setbacks for the Agriculture General AG zoning district.
a. Structures for feeding, housing and care of animals shall be set back fifty
(50) feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins a residential
district containing a density of two (2) dwelling units or more per acre or a
proposed residential area indicated on the city comprehensive plan. Such
transitional conditions shall not exist where the separation includes an
intervening use such as a river, railroad main line, major topographic
differential or other similar conditions, or where the industrial properties
face on a limited access surface street on which the housing does not face.
When transitional conditions exist as defined in this subsection, a yard of
not less than fifty (50) feet shall provided.
C. Setbacks, Green River. Industrial development in the AG district abutting
the Green River, or Russell Road or Frager Road where such roads follow
the river bank, shall be set back from the ordinary high-water mark of the
river a minimum of two hundred (200) feet. Such setbacks are in
accordance with the city comprehensive plan and in accordance with the
high quality of site development typically required for the industrial park
areas of the city and in accordance with the state Shoreline Management
Act of 1971, and shall be no more restrictive than, but as restrictive as, the
Shoreline Management Act.
14. An inner court providing access to a double -row building shall be a minimum of
twenty (20) feet.
15. The distance between principal buildings shall be at least one-half the sum of the
53
height of both buildings; provided, however, that in no case shall the distance be
less than twelve (12) feet. This requirement shall also apply to portions of the same
building separated from each other by a court or other open space.
16. The height limitations shall not apply to barns and silos provided that they are not
located within fifty (50) feet of any lot line.
17. Beyond this height, to a height not greater than either four (4) stories or sixty (60)
feet, there shall be added one (1) additional foot of yard for each additional foot of
building height.
18. The planning director shall be authorized to approve a height greater than four (4)
stories or sixty (60) feet, provided such height does not detract from the continuity
of the area. When a request is made to exceed the building height limit, the
planning director may impose such conditions, within a reasonable amount of time,
as may be necessary to reduce any incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum impervious surface
area allowed shall be ten thousand (10,000) square feet when the lot is greater than
one (1) acre.
20. Additional standards for the Agricultural A-1 zoning district.
a. See chapter 15.08, pertaining to general and supplementary provisions, for
requirements concerning accessory buildings and additional standards.
b. The following uses are prohibited:
(1) The removal of topsoil for any purpose.
(2) Grade and fill operations, provided that limited grade and fill may
be approved as needed to construct buildings or structures as
outlined in subsections 15.04.005 A., B., C. and D.
(3) All subsurface activities, including excavation for underground
utilities, pipelines or other underground installations, that cause
permanent disruption of the surface of the land. Temporarily
disrupted soil surfaces shall be restored in a manner consistent with
agricultural uses.
54
(4) Dumping or storage of nonagricultural solid or liquid waste, or o
trash, rubbish or noxious materials.
(5) Activities that violate sound agricultural soil and water conservation
management practices.
21. Additional standards for the Agricultural Resource AG zoning district.
a. Outdoor storage (industrial uses). Outdoor storage shall be at the rear of a
principally permitted structure and shall be completely fenced.
b. The following uses are prohibited:
(1) The removal of topsoil for any purpose.
(2) Grade and fill operations, provided that limited grade and fill may
be approved as needed to construct buildings or structures as
outlined in subsections 15.04.015 A., B. and C.
(3) All subsurface activities, including excavation for underground
utilities, pipelines or other underground installations, that cause
permanent disruption of the surface of the land. Temporarily
disrupted soil surfaces shall be restored in a manner consistent with
agricultural uses.
(4) Dumping or storage of nonagricultural solid or liquid waste, or
trash, rubbish or noxious materials.
(5) Activities that violate sound agricultural soil and water conservation
management practices.
22. See chapter 15.08, pertaining to general and supplementary provisions, for
requirements concerning accessory buildings and additional standards.
23. See chapter 15.08, pertaining to general and supplementary provisions, for
requirements concerning accessory buildings and additional standards; provided
that solar access setback requirements of sections 15.08.230 through 15.08.234
shall not apply to the SR -8 zone.
24. Minimum lot width, building setbacks, and minimum lot size regulations may be
modified consistent with provisions for zero lot line and clustering housing
55
development.
25. The requirements of section 15.08.215 shall apply in any multifamily transition
area, which includes any portion of a multifamily district within one hundred (100)
feet of a single-family district or within one hundred (100) feet of a public street
right-of-way.
26. The requirements of section 15.09.047 for multifamily design review shall apply
to any multifamily dwelling of three (3) or more units.
27. Mobile home park combining district, MHP. The standards and procedures of the
city mobile home park code shall apply. General requirements and standards for
mobile home park design, 12.04.520; mobile home parks, Ch. 12.05.
56
Sec. 15.04.190. Commercial and Industrial Zone Development Standards.
57
Zoning
Districts
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Minimum lot area: square feet or acres, as
10,000
10,000
5,000
5,000
10,00(1
10,000
10,000
10,000
10,000
1 acre
1 acre
10,000
20,000
15,000
10,000
noted
sq ft
sq ft
sq It
(1)
sq ft
sq ft
sq It
sq ft
sq ft
sq ft
sq It
sq ft
sq ft
sq ft
Maximum site coverage: percent of site
40%
40%
100%
100%
75%
50%
50%
40%
30%
50%
60%
60%
65%
75%
40%
Minimum yard requirements: feet
Front yard
15 ft
151`1
(3)
(4)
(4)
15 ft
15 ft
20 It
25 ft
30 It
(6)
(6)
(7)
(8)
15 ft
(5}
Side yard
(9)
(10)
(3)
(4)
(4)
(11)
(11)
(11)
(11)
(12)
(13)
(13)
(14)
(15)
5ft(16)
( 17)
Side yard on flanking street of comer lot
I
I
1
1 (18)
(18)
(18)
(19)
15 ft
Rear yard
201t
20ft
(3)
(4)
(4)
(20)
(20)
(20)(2)
(20)(2)
(21)
(21)
(22)
(22)
5 f
(2)
(23)
Yards, transitional conditions
(24)
(25)
(26)
Additional setbacks
(27)
(30)
(28)
(�9)
Height limitation: in storiesinot to exceed in
2 stryl
3 stryi
4 stryi
(33)
(33)
2 stryl
2 stryl
2 stryl
3 stryl
2 spy]
2 stryl
2 shyl
2 stryl
2 stry)
3 stryl
feet
35 ft
40 ft
60 ft
35 It
35 ft
35 It
40 ft
35 ft
35 ft
35 ft
35 ft
35 It
40 ft
(2) (31)
(32)
(31)
(31)
(2) (31)
(2)
(34)
(36)
(36)
(37)
(36)
(39)
(35)
Landscaping
The landscaping requirements of Chapter 15.07 shall apply.
Outdoor storage
(40)
(40)
(41)
(41)
(41)
(43)
(44)
45;
(46)
(42)
(42)
Signs
The sign regulations of Chapter 15.06 shall apply.
Vehicle drive-through, drive-in and service
(47)
bays
Loading areas
(48)
(48)
(48)
(51)
(49)
(49)
(50)
(52)
Offstreet parking
The off-street parking requirements of Chapter 15.05 shall apply.
57
CPP+ian i S na 2nn N4i yt d I ice nverlav development standards.
e. •
OVERLAY DISTRICTS
GC -MU
O -MU
CC -MU
Floor area ratio
.40 for commercial uses.
.40 for commercial uses.
.40 for commercial uses.
.50 for commercial uses combined
.50 for commercial uses combined
.50 for commercial uses combined
with residential uses; provided that,
with residential uses:. provided that,
with residential uses; provided that,
commercial floor area may be
commercial floor area may he
commercial floor area may be
increased by one square foot for each
increased by one square foot for each
increased by one square foot for each
square foot of residential floor area
square foot of residential floor area
square foot of residential floor area
provided up to a maximum
provided up to a maximum
provided up to a maximum
commercial FAR of .5.
commercial FAR of 5.
commercial FAR of, 5.
1.0 for residential uses, provided that,
1.0 for residential uses, provided that,
1.0 for residential uses, provided that,
residential FAR may be increased by
residential FAR may be increased by
residential FAR may be increased by
.5 if parking is provided below grade,
.5 if parking is provided below grade,
.5 if parking is provided below grade,
up to a maximum of 1.5
up to a maximum of 1.5.
up to a maximum of 1.5.
Site coverage
Forty (40) percent for commercial
Forty (40) percent for commercial
Forty (40) percent for commercial
uses.
Seventy-five (75) percent for
uses.
Sixty (60) percent for commercial uses
uses.
Sixty (60) percent for commercial uses
commercial uses with residential uses,
with residential uses, provided that
with residential uses, provided that
provided that twenty-five (25) percent
twenty-five (25) percent of the gross
twenty-five (25) percent of the gross
of the gross floor area is residential
floor area is residential usc.
floor area is residential use.
use.
Height
Twenty-five (25) feet, provided that
Twenty-five (25) feet, provided that
Twenty-five (25) feet, provided that
increased to
basic heights may be increased up to
basic heights may be increased up to
basic heights may be up
the maximum height of fifty (50) feet
the maximum height of forty (40) feet
the maximum height of forty (40) feet
M
n>
(' )
Front yard
Zero (0) feet; provided that some
Zero (0) feet; provided that some
zero (0) feet; provided that some
front
setback may be required in the front
setback may be required in the front
setback may be required in the
yard to accommodate a sidewalk
yard to accommodate a sidewalk
yard to accommodate a sidewalk
which shall be at least ten (10) feet in
which shall be at least ten (10) feet in
which shall be at least ten (10) feet in
width.
width.
width,
Rear and side
Zero (0) feet; provided that setbacks of
Zero (0) feet; provided that setbacks of
Zero (0) feet; provided that setbacks of
at least twenty (20) feet will be
at least twenty (20) feet will be
at least twenty (20) feet will be
yard
required in any rear or side yards that
required in any rear or side yards that
required in any rear or side yards that
are adjacent to a residential zoning
are adjacent to a residential zoning
are adjacent to a residential zoning
district.
district.
district.
Off-street parking
Retail/office uses: Three and one-half
Retail/office uses: Four (4) spaces per
Retail/office uses: Four (4) spaces per
floor
(3.5) spaces per thousand (1,000)
thousand (1,000) square feet of floor
thousand (1,000) square feet of
square feet of floor area
Residential uses "'
area. (2)
Residential uses "
area. (2)
Residential uses "
e. •
1. The following height modifications shall apply:
a. Five-foot increases for developments containing residential uses, provided
that twenty-five (25) percent of gross floor area is in residential use.
b. Five-foot increases for parking under the building.
C. Five-foot increases for using a pitched roof form.
d. Five-foot increase for stepping back from the top floor (minimum of five
feet).
2. The first three hundred (300) square feet of retail or office space that is a part of an
individual residential unit is exempt.
3. The following parking requirements shall apply:
a. Studio: 75 per dwelling unit (du) without commercial uses; .50/du with
commercial uses, provided that twenty-five (25) per cent of overall gross
floor area is in commercial uses.
b. One -bedroom: 1.5/du without commercial uses; 1.0/du with commercial''
uses, provided that twenty-five (25) percent of overall gross floor area is in
commercial uses.
C. Two-bedroom: 2.0/du without commercial uses; 1.25/du with commercial
uses, provided that twenty-five (25) percent of overall gross floor area is in
commercial uses.
Sec. 15.04.210. Development Standard Conditions.
1. Minimum lot of record or five thousand (5,000) square feet, whichever is less.
2. None, except as required by landscaping, or if off-street parking is provided on site.
See the downtown design review criteria outlined in section 15.09.048.
3. No minimum setback is required. If a rear and/or side yard abuts a residential
district, a twenty -foot rear and/or side yard setback may be required. See the
downtown design review criteria outlined in section 15.09.048.
4. For properties abutting on West Valley Highway, the frontage on West Valley
Highway shall be considered the front yard.
5. The minimum front yard setback shall be related to the classification of the adjacent
59
street. This classification shall be determined by the city transportation engineer.
The setbacks are as follows:
a. Properties fronting on arterial and collector streets shall have a minimum
setback of twenty (20) feet.
b. Properties fronting on local access streets shall have a minimum setback
twenty (20) feet.
6. The minimum front yard setback shall be related to the classification of the adj
street. This classification shall be determined by the city transportation engineer.
The setbacks are as follows:
a. Properties fronting on arterials and collector streets shall have a minimum
setback of forty (40) feet.
b. Properties fronting on local access streets shall have a minimum setback
thirty (30) feet.
7. The front yard shall be ten (10) percent of the lot depth. Regardless of lot size, the
yard depth need not be more than thirty-five (35) feet.
No side yard is required, except when abutting a district other than NCC, and then
the side yard shall be not less than twenty (20) feet in width.
9. No side yard is required, except when abutting a more restrictive district, and then
the side yard shall be not less than twenty (20) feet in width.
10. No side yard is required, except abutting a residential district, and then the side yard
shall be twenty (20) feet minimum.
11. An aggregate side yard of thirty (3 0) feet shall be provided. A minimum of ten (10)
feet shall be provided for each side yard. On a corner lot the side yard setback shall
be a minimum of twenty (20) feet from the property line.
12. The side yards shall have an aggregate width of ten (10) percent of the lot width,
but the aggregate width need not be more than forty (40) feet. There shall be a
minimum of fifteen (15) feet on each side.
60
13. The side yards shall have an aggregate width of ten (10) percent of the lot width,
but the aggregate width need not be more than thirty (30) feet. There shall be a
minimum of ten (10) feet on each side.
14. The side yards shall have an aggregate width of ten (10) percent of the lot width,
but the aggregate width need not be more than twenty-five (25) feet. There shall be
a minimum of ten (10) feet on each side.
15. A side yard of at least five (5) feet in depth shall be provided along the side property
lines, except no side yard shall be required between adjacent properties where a
common, shared driveway with a perpetual cross -access easement is provided to
serve the adjoining properties.
16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet
shall be provided.
17. The minimum side yard on the flanking street of a corner lot shall be related to the
classification of the adjacent street. This classification shall be determined by the l
city transportation engineer. The setbacks are as follows:
a. Properties fronting on arterial and collector streets shall have a minimum
setback of forty (40) feet.
b. Properties fronting on local access streets shall have a minimum setback
thirty (30) feet.
18. The side yard on the flanking street of a corner lot shall be at least ten (10) percent
of the lot width, unless the ten (10) percent figure would result in a side yard
greater than twenty (20) feet, in which case the side yard need not be more than
twenty (20) feet.
19. No rear yard is required, except abutting a residential district, and then the rear yard
shall be twenty (20) feet minimum.
20. No rear yard is required, except as may be required by other setback provisions
this section.
21. No rear yard is required, except as may be required by transitional conditions.
61
22. A rear yard of at least five (5) feet in depth shall be provided, except when a rear
yard abuts a residential district, and then a rear yard of at least twenty (20) feet in
depth shall be provided.
23. Transitional conditions shall exist when an industrial park Ml district adjoins a
residential district containing a density of two (2) dwelling units or more per acre
or a proposed residential area indicated on the city comprehensive plan. Such
transitional conditions shall not exist where the separation includes intervening use
such as a river, freeway, railroad main line, major topographic differential or other
similar conditions, or where the industrial properties face on a limited access
surface street on which the housing does not face. When transitional conditions
exist as defined in this subsection, a yard of not less than fifty (50) feet shall be
provided.
24. Transitional conditions shall exist when an M2 district adjoins a residential district
containing a density of two (2) dwelling units or more per acre or a proposed
residential area indicated on the city comprehensive plan. Such transitional
conditions shall not exist where the separation includes an intervening use such as
a river, freeway, railway main line, major topographic differential or other similar
conditions, or where the industrial properties face on a limited access surface street
on which the housing does not face. When transitional conditions exist as defined
in this subsection, a yard of not less than fifty (50) feet shall be provided.
25. Transitional conditions shall exist when an M3 district adjoins a residential district
containing a density of two (2) dwelling units or more per acre or a proposed
residential area indicated on the city comprehensive plan. Such transitional
conditions shall not exist where the separation includes an intervening use such as
a river, railroad main line, major topographic differential or other similar
conditions, or where the industrial properties face on a limited access surface street
on which the housing does not face. When transitional conditions exist as defined
in this subsection, a yard of not less than fifty (50) feet shall be provided.
62
26. Structures for feeding, housing and care of animals shall be set back fifty (50) feel
from any property line.
27. Transitional conditions shall exist when an MA district adjoins a residential district
containing a density of two (2) dwelling units or more per acre or a proposed
residential area indicated on the city comprehensive plan. Such transitional
conditions shall not exist where the separation includes an intervening use such as
a river, railroad main line, major topographic differential or other similar
conditions, or where the industrial properties face on a limited access surface street
on which the housing does not face. When transitional conditions exist as defined
in this subsection, a yard of not less than fifty (50) feet shall be provided.
28. Industrial development in the MA district abutting the Green River, or Russell Road
or Frager Road where such roads follow the river bank, shall be set back from the
ordinary high-water mark of the river a minimum of two hundred (200) feet. Such
setbacks are in accordance with the city comprehensive plan and are in accordance
with the high quality of site development required for the industrial parks area of
the city. which MA areas are designated to become in the city comprehensive plan,
and are in accordance with the state Shoreline Management Act of 1971, and shall
be no more restrictive than, but as restrictive as, the Shoreline Management Act.
29. Development in the M1 district abutting the Green River, or Russell Road or Frager
Road where such roads follow the river bank, shall be set back from the ordinary
high-water mark of the river a minimum of two hundred (200) feet. Such setbacks
are in accordance with the state Shoreline Management Act of 1971, and shall be
no more restrictive than, but as restrictive as, the Shoreline Management Act.
30. The planning director shall be authorized to grant one (1) additional story in height,
if during development plan review it is found that this additional story would not
detract from the continuity of the area. More than one (1) additional story may be
granted by the planning commission.
31. The downtown design review requirements of section 15.09.048 shall apply.
63
32. No maximum height limit is required. See the downtown design review criteria
outlined in section 15.09.048.
33. Beyond this height, to a height not greater than either four (4) stories or sixty (60)
feet, there shall be added one (1) additional foot of yard for each additional foot of
building height.
34. The planning director shall be authorized to approve a height greater than four (4)
stories or sixty (60) feet, provided such height does not detract from the continuity
of the area. When a request is made to exceed the building height limit, the
planning director may impose such conditions, within a reasonable amount of time,
as may be necessary to reduce any incompatibilities with surrounding uses.
35. Beyond this height, to a height not greater than either four (4) stories or sixty (60)
feet, there shall be added one (1) additional foot of yard for each one (1) foot of
additional building height. The planning director shall be authorized to approve one
(1) additional story, provided such height does not detract from the continuity of
the industrial area, and may impose such conditions as may be necessary to reduce
any incompatibility with surrounding uses. Any additional height increase may be
granted by the planning commission.
36. The height limitation is two (2) stories or thirty-five (3 5) feet. Beyond this height,
to a height not greater than either four (4) stories or sixty (60) feet, there shall be
added one (1) additional foot of yard for each one (1) foot of additional building
height. The planning director shall be authorized to approve one (1) additional
story, provided such height does not detract from the continuity of the industrial
area, and may propose such conditions as may be necessary to reduce any
incompatibility with surrounding uses. Any additional height increases may be
granted by the planning commission.
37. The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height,
to a height not greater than either four (4) stories or sixty (60) feet, there shall be
added one (1) additional foot of yard for each two (2) feet of additional building
height. The planning director shall be authorized to approve one (1) additional
64
story, provided such height does not detract from the continuity of the industrial
area, and may impose such conditions as may be necessary to reduce any
incompatibility with surrounding uses. Any additional height increases may be
granted by the planning commission.
38. The height limitation is three (3) stories or forty (40) feet. An additional story or
building height may be added, up to a maximum of five (5) stories or sixty (60)
feet, with one (1) additional foot of building setback for every additional foot of
building height over forty (40) feet.
39. Outdoor storage areas are prohibited.
40. Outdoor storage areas shall be fenced for security and public safety by a sight -
obscuring fence unless it is determined through the development plan review that
a sight -obscuring fence is not necessary.
41. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement
or equivalent material to be approved by the city engineer.
42. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted
structure and shall be completely fenced.
43 . Outside storage or operations yards in the MI zone shall be permitted only as
accessory uses. Such uses are incidental and subordinate to the principal use of the
property or structure. Outside storage or operations yards shall be confined to the.
area to the rear of the principal building or the rear two-thirds of the property and'.
reasonably screened from view from any property line by appropriate walls,'
fencing, earth mounds or landscaping. Outside storage exceeding a height of fifteen'I
(15) feet shall be so placed on the property as to not detract from the reasonably
accepted appearance of the district.
44. Outside storage or operations yards shall be confined to the area to the rear of a line
which is an extension of the front wall of the principal building, and shall be
reasonably screened from view from any street by appropriate walls, fencing, earth
mounds or landscaping.
65
45. Outside storage or operations areas shall be fenced for security and public safety at
the property line.
46. All vehicular drive-through, drive-in or service bays and similar facilities shall be
designed so that such facilities, including vehicular staging or stacking areas, shall
be oriented away from the adjacent street. Additional landscaping or fencing may
be required to ensure visual screening of these facilities from the adjacent street or
properties.
47. Loading areas must be located in such a manner that no loading, unloading or
maneuvering of trucks associated therewith takes place on public rights-of-way.
48. Earth berms and landscaping shall be provided along street frontages as necessary
to screen dock -high loading areas from public rights-of-way. Berms shall be a
minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in
height. Landscaping located on the berm shall conform to type III landscaping as
described in subsection 15.07.050 C.
49. Earth berms and landscaping shall be provided along street frontages as necessary
to screen dock -high loading areas from public rights-of-way. Berms shall be a
minimum of thirty (30) inches in height. Landscaping located on the berm shall
conform to type III landscaping described in subsection 15.07.050 C. pertaining to
visual buffers.
50. Loading areas must be located in such a manner that no loading, unloading or
maneuvering of trucks associated therewith takes place on public rights-of-way.
51. Earth berms and landscaping shall be provided along street frontages as necessary
to screen dock -high loading areas from public rights-of-way. Berms shall be a
minimum of twenty (20) inches in height. Landscaping located on the berm shall
conform to type III landscaping described in subsection 15.07.050C. pertaining to
visual buffers.
SECTION 39. Section 15.05.010 of the Kent City Code is amended as
follows:
Sec. 15.05.010. Purpose.
A. It is the purpose of this chapter to specify the offstreet parking and loading
requirements for all uses permitted in this title, and to describe design standards and
other required improvements.
B. The planning director shall have the authority to waive or modify pecific
requirements of this chapter or to impose additional off-street parking requirements
in unique circumstances to ensure that the intent of this chapter is met and to allow
for flexibility and innovation in design. Unique circumstances may include, but are
not limited to the following:
1. Proximitv to transit stations. transfer points, or transit stops,
2. Flexible work hour scheduling for employees;
3. Documentation of parking_ patterns and demand of employees and patrons;
4. Physical circumstances of the site such as topography, lot size/shape, and
environmentally sensitive areas.
SECTION 40. Chapter 15.05 of the Kent City Code is amended by
repealing Section 15.05.040 in its entirety and adding a new Section 15.05.040 as follows:
Sec. 15.05.040. Parking standards for specific activities.
A. Standards for the number of parking spaces for specific activities are indicated in
the following chart:
SPECIFIC LAND USE
PARKING SPACE REQUIREMENT
Living activities
Single-family
Two (2) parking spaces per single-family
dwelling.
Duplex
Two (2) parking spaces per dwelling unit.
Multifamily'
One (1) parking space per unit for efficiency
apartments in all sized developments; two (2)
parking spaces for each dwelling unit for
developments with forty-nine (49) or less
dwelling units; one and eight -tenths (1.8) parking
spaces per dwelling unit for developments of fifty
(50) or more dwelling units. For developments of
67
M
fifty (50) or more dwelling units, one (1) parking
space for each fifteen (15) dwelling units for
recreation vehicles,
Multiple dwellings for low-income
One (1) parking space for each two (2) dwelling
lderly z
units.
Accessory dwelling unit
One off-street parking space per accessory unit is
required in addition to the required parking for the
single-family home. The planning director may
aive this requirement where there are special
circumstances related to the property and its
location. The surface of a required ADU off-street
parking space shall comply with Kent City Code
section 15.05.090(C).
Boardinghouses and lodging houses
One (1) parking space for the proprietor, plus one
(1) space per sleeping room for boarders or
lodging use, plus one (1) additional space for each
four (4) persons employed on the premises.
Mobile and -Manufactured home
Two (2) parking spaces for each mobile home
arks
site, plus one (1) screened space for each ten (10)
lots for recreation vehicles.
Recreational vehicle park
One (1) parking space for each site.
Hotels
One (1) parking space for each guest room, plus
two (2) parking spaces for each three (3)
employees.
Commercial activities
Banks
One (1) parking space for each two hundred (200)
square feet of gross floor area, except when part
f a shopping center.
Professional and business offices
One (1) parking; space for each two hundred and
fifty (250) square feet of gross floor area, except
when part of a shopping center.
Shopping centers
Four and one-half (4.5) spaces per one thousand
(1,000) square feet of gross leaseable area (GLA)
for centers having GLA of less than four hundred
thousand (400,000) square feet, and five (5.0)
spaces per one thousand (1,000) square feet of
GLA for centers having a GLA of over four
hundred thousand (400,000) square feet.
M
Restaurants, nightclubs, taverns and
One (1) parking space for each one hundred (100)
lounges
square feet of gross floor area, except when part
f a shopping center.
Retail stores, supermarkets,
One (1) parking space for each two hundred (200)
apartment stores and personal
square feet of gross floor area, except when
service shops
located in a shopping center.
Other retail establishments;
One (1) parking space for each five hundred (500)
furniture, appliance, hardware
square feet of gross floor area, except when
stores, household equipment service
located in a shopping center.
shops, clothing or shoe repair shops
Drive-in business
One (1) parking space for each one hundred (100)
square feet of gross floor area, except when
located in a shopping center.
Uncovered commercial area, new
One (1) parking space for each five thousand
and used car lots, plant nursery
(5,000) square feet of retail sales area in addition
o any parking requirements for buildings, except
when located in a shopping center.
Motor vehicle repair and services
One (1) parking space for each four hundred (400)
square feet of gross floor area, except when part
f a shopping center.
Industrial showroom and display
One (1) parking space for each five hundred (500)
square feet of display area.
Bulk retail stores
One (1) parking space for each three hundred fifty
(350) square feet of gross floor area.
Industrial activities
Manufacturing, research and testing
One (1) parking space for each one thousand
laboratories, creameries, bottling
(1,000) square feet of gross floor area. For
establishments, bakeries, canneries,
parking requirements for associated office areas,
printing and engraving shops
see Professional and business offices.
Warehouses and storage buildings
One (1) parking space for each two thousand
(2,000) square feet of gross floor area. Maximum
office area of two (2) percent of gross floor area
may be included without additional parking
requirements.
NO
Speculative warehouse and
One (1) parking space for each one thousand
industrial buildings with multiple
(1,000) square feet of gross floor area if building
use or tenant potential
size is less than one hundred thousand (100,000)
square feet, or one (1) parking space for each two
thousand (2,000) square feet of gross floor area
or buildings which exceed one hundred thousand
(100,000) square feet gross of floor area. This is a
minimum requirement and valid for construction
permit purposes only. Final parking requirements
ill be based upon actual occupancy.
Recreation -amusement activities
Auditoriums, theaters, places of
One (1) parking space for each four (4) fixed
public assembly, stadiums and
seats, or one (1) parking space for each one
utdoor sports areas
hundred (100) square feet of floor area of main
auditorium or of principal place of assembly not
containing fixed seats, whichever is greater.
Bowling alleys
Five (5) spaces for each alley, except when
located in a shopping center.
Dance halls and skating rinks
One (1) parking space for each two hundred (200)
square feet of gross floor area, except when
located in a shopping center.
Golf driving ranges
One (1) parking space for each driving station.
Miniature golf courses
One (1) parking space for each hole.
Recreational buildings, whether
One (1) parking space for each two hundred (200)
independent or associated with a
square feet of gross floor area. Such spaces shall
multifamily complex
be located adjacent to the building and shall be
designated for visitors by signing or other special
markings.
Educational activities
Senior high schools, public,
One (1) space for each employee plus one space
parochial and private
for each ten (10) students enrolled. In addition, if
uses for the transportation of children are kept at
he school, one (1) off street parking space shall
e provided for each bus, of a size sufficient to
ark each bus.
70
71
One (1) additional parking space for each one
hundred (100) students shall be provided for
visitors in the vicinity of or adjacent to the
administration portion of the building or complex.
Such parking spaces shall be so designated by
signing or other special marking as approved by
he traffic engineer.
Colleges and universities and
Two and one-half (2 1/2) parking spaces for each
business and vocational schools
employee, plus one (1) space for each three (3)
students residing on campus, plus one (1) space
for each five-day student not residing on campus.
In addition, if buses for transportation of students
are kept at the school, one (1) off street parking
space shall be provided for each bus, of a size
sufficient to park each bus.
One (1) additional parking space for each one
undred (100) students shall be provided for
visitors in the vicinity of or adjacent to the
administration portion of the building or complex.
Such parking spaces shall be so designated by
signing or other special marking as approved by
he traffic engineer.
Elementary and junior high
Two and one-half (2 1/2) parking spaces for each
employee. In addition, if buses for transportation
f students are kept at the school, one (1) off
street parking space shall be provided for each
us, of a size sufficient to park each bus.
One (1) additional parking space for each one
hundred (100) students shall be provided for
visitors in the vicinity of or adjacent to the
administration portion of the building or complex.
Such parking spaces shall be so designated by
signing or other special marking as approved by
he traffic engineer.
Libraries and museums
One (1) parking space for each two hundred fifty
(250) square feet in office and public use.
Day care centers
One (1) parking space for each employee, plus
loading and unloading areas.
71
Medical activities
Medical and dental offices
One (1) parking space for each two hundred (200)
square feet of gross floor area, except when
located in a shopping center.
Convalescent, nursing and health
One (1) parking space for each two (2)
institutions
employees, plus one (1) parking space for each
three (3) beds.
Hospitals
One (1) parking space for each three (3) beds, plus
on (1) parking space for each staff doctor, plus
one (1) parking space for each three (3)
employees.
Religious activities
Churches
One (1) space for each five (5) seats in the main
auditorium, provided that the spaces for any
church shall not be less than ten (10). For all
existing churches enlarging the seating capacity o
heir auditoriums, one (1) additional parking
space shall be provided for each five (5)
dditional seats provided by the new construction.
For all existing churches making structural
Iterations or additions which do not increase the
seating capacity of the auditorium, no additional
parking need be provided.
Mortuaries or funeral homes
One (1) parking space for each one hundred (100)
square feet of floor area of assembly rooms.
Other uses
For uses not specifically identified in this section,
he amount of parking required shall be
determined by the planning department, based on
staff experience, parking required for similar uses,
and, if appropriate, documentation provided by
he applicant.
Recreational vehicle parking spaces shall be in defined, fenced and screened
areas with a minimum of a six -foot -high sight -obscuring fences or
landscaping as determined by the planning department, or the developer
may provide areas of usable open space equal to that area that would be
required for recreational vehicle parking. A vehicle less than twenty (20)
72
feet long that is used as primary transportation is not subject to recreational
vehicle parking regulations. If open space in lieu of recreational vehicle
parking is provided, its appropriateness will be determined at the time of
development plan review by the planning department. Where enclosed
garages are utilized to provide parking required by this title, an eighteen -
foot stacking space shall be provided in front of such garage units.
Provided, however, the planning director shall have the authority to approve
alternative plans where the developer can assure that such garage units will
continue to be available for parking purposes and will not cause on-site
parking or circulation problems. These assurances including but are not
limited to: (1) covenants that run with the land or homeowners association
that require garages to be utilized for the storage of vehicles, (2)
maintenance of drive aisle widths of twenty-six (26) feet in front of each
garage unit, and (3) maintenance of minimum clearances for fire lanes on
the site.
2. Exceptions for senior citizen apartments in multifamily buildings in the
central business district
a. Approved building plans must show one and eight -tenths (1.8)
spaces per dwelling unit and also shall show which spaces are not
to be initially installed. The additional spaces, plus any required
landscaping, shall be installed if at any time the structure is not used
for senior citizen apartments or if the facility shows a continued
shortage of parking.
b. The requirement of one (1) space per dwelling unit may be reduced
to no less than one (1) space for every two (2) dwelling units plus
employee parking as determined by the planning director. The
planning director shall base his decision on the following:
(1) Availability of private, convenient, regular transportation
services to meet the needs of the tenants;
73
(2) Accessibility to and frequency of public transportation;
(3) Pedestrian access to health, medical and shopping facilities;
(4) Minimum age requirement to reside in subject apartments;
(5) Special support services offered by the facility.
C. Special parking for recreational vehicles will not be required as long
as the facility does not permit recreational vehicles other than
campers or vehicles that will fit into a normal-sized parking stall. If
recreational vehicles are to be permitted on the development, they
must be screened and fenced.
d. Compact stalls will not be permitted except for one-third of the
required employee parking.
B. Mixed occupancies or mixed use if'one occupancy. In the case of two (2) or more
uses in the same building, the total requirements for off street parking facilities
shall be the sum of the requirements for the several uses computed separately;
except in shopping centers, and except as provided in the mixed use overlay Section
15.04.200. Off street parking facilities for one (1) use shall not be considered as
providing required parking facilities for any other use, except as permitted in
subsection C. of this section pertaining to joint use.
SECTION 41. Section 15.05.090 of the Kent City Code is amended as
follows:
Sec. 15.05.090. Overhang exception, landscaping, paving, wheel stops,
drainage, lighting and curbing.
A. Landscaping generally. The landscaping requirements of chapter 15.07 and diagram
no. 2 following this chapter shall apply with respect to offstreet parking facilities.
B. Landscape islands. Landscape islands with a minimum size of one hundred (100)
square feet shall be located in the following areas to protect vehicles and to enhance
the appearance of parking areas:
1. At the ends of all parking rows.
74
2. Where loading doors or maneuvering areas are in close proximity to parking
areas or stalls.
C. Paving. All vehicular maneuvering areas, including but not limited to offstreet
parking areas, truck and mobile equipment loading, unloading, storage and
maneuvering areas, and related accesses to and from public right-of-way shall be
paved with asphalt or equivalent material, to be approved by the city engineer -or
his/her designee. The Planning Director may waive the paving requirement in the
following instances:
1. Areas used primarily for the storage and operation of heavy equipment,
tracked vehicles trucks and other large -tire vehicles where such areas are
not generally used for re ular deliveries or access by the general public,• and
2. Driveways for single family residential development, except that at least the
first twenty (20) feet of the drive way shall be paved.
D. Wheel stops. Wheel stops, a minimum of two (2) feet from any obstruction or the
end of the parking stall, shall be required in the following locations:
1. Where the parking stall abuts a building or where vehicles may overhang
a property line.
2. Where the parking stall abuts a pedestrian walkway of less than six (6) feet
in width, or a walkway which is not raised creating its own barrier.
3. 'Where a parking stall abuts any physical object which may be impacted
(i.e., light standards, fire hydrants, fences, power vaults, utility poles, etc.).
4. Where a hazardous grade difference exists between the parking area and the
abutting property.
5. Where other hazardous situations may exist as determined by the city
engineer.
E. Lighting. Any lighting of a parking lot or storage area shall illuminate only the
parking lot or storage area. All lighting shall be designed and located so as to avoid
undue glare or reflection of light onto adjoining properties or public rights-of-way.
75
Light standards shall not be located so as to interfere with parking stalls,
maneuvering areas, or ingress and egress areas.
F. Vehicle overhang exception. Where sufficient area is available to allow safe and
efficient overhang of a vehicle, the planning department may permit the standard
parking stall length to be reduced by two (2) feet with corresponding increase in
adjacent walkway or landscaping width. (See diagram no. 2 following this chapter.)
G. Concrete curb placement. In addition to wheel stop requirements as provided in
subsection D. of this section, all landscape areas within or abutting parking areas
shall be separated from the paved area by concrete curbing or other acceptable
method as approved by the planning director and the city engineer.
H. ParkinQ structures. Multiple level parking structures developed either as a single
use structure or as parkin incorporated ncorporated into a structure, shall be designed and laid
out in accordance with the dimensional and numeric requirements of this chapter.
SECTION 42. Section 15.05.100 of the Kent City Code is amended as
follows:
See. 15.05.100. Offstreet parking plans.
A. Offstreet parking plans shall be subject to review and approval by the planning
department and city engineer: or his/her designee. The planning department shall
review plans for com liance with the requirements of this title. Appr-aval shall be
The City Engineer shall review plans based upon the following criteria:
4-, C-OH4plianee w4k the 4 this title.
1-2. Safety and efficiency of interior circulation.
24. Safety of ingress and egress points.
34. Effects of access on public streets with regard to street capacity, congestion
and delay.
4. Compliance with construction standards relating to storm water runoff.
B. All plans must be complete with the information as requested by the planning
director.
76
DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS
A
B
C
D
E
F
G1
G2
H
i
J
Aisle Width
Angle
'Stall
Stall
Curb
Startin
Depth
One-
Two
Depth to
Setbac
Gross
Width
Depth
Length
g Loss
to
Way
-
Interlock
k
Stall
(feet)
(feet)
(feet)
(feet)
Wall
(feet)
Way
(feet)
(feet)
Area
(feet)
(feet
(square
)
feet)
00
9.0
23.0
23.0
0.0
9.0
12.0
20.0
9.0
23.0
207
100
8.0
17.0
46.1
61.4
10.8
12.0
20.0
6.9
16.7
499
5-$
4"
4"
6-54
44-4
42:0
4"
-74
4?2
66-3.
9.0
19.0
51.8
69.0
12.2
12.0
20.0
7.7
18.7
630
200
8.0
17.0
23.4
36.6
13.3
12.0
20.0
9.6
16.0
312
84
48-0
24-9
4"
444
42-0
244
404
4-"
3-5-2
9.0
19.0
26.3
41.1
15,0
12.0
20.0
10.7
17.9
394
300
8.0
17.0
16.0
26.7
15.4
12.5
20.0
12.0
14.7
247
&5
4-.4
4-7-4
284
464
42-0
28-0
42�
4-44 a?75
9.0
19.0
18.0
30.0
17.3
12.0
20.0
13.4
16.5
311
36.90
8.0
17.0
13.3
22.1
16.6
13.5
20.0
13.4
13.6
221
9-4
4-8-4
442-
2j,:-�
47-§
434
3-8.0
444
44-4
241
4.0
19.0
15.0
24.8
18.6
13.5
20.0
15.0
15.2
279
40°
8.0
17.0
12.4
20.3
17.1
13.5
20.0
14.0
13.0
212
9-5
45-4
43-4
244
454
43-5
284
4-"
4�8
23
9.0
19.0
14.0
22.8
19.1
13.5
20.0
15.7
14.6
1 268
45°
8.0
17.0
11.3
17.7
17,7
14.5
20.0
14.8
12.0
200
5.4
4"
4- 4
454
45;
444
29-0
42-.7
2?5
9.0
19.0
12.7
19.8
1 19.8
14.5
20.0
16.6
13.4
252
500
8.0
17.0
10.4
15.2
18.2
15.5
20.0
15.6
10.9
190
54
4"
444
44r)-2
494
45-4
Q"
46-5
444
2-44
9.0
19.0
11.7
17.1
20.3
15.5
1 20.0
17.4
12.2
239
DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS
A
B
C
D
E
F
G]
G2
H
[
J
Aisle Width
Angle
Stall
Stall
Curb
Startin
Depth
One-
Two
Depth to
Setbac
Gross
Width
Depth
Length
a Loss
to
Way
-
Interlock
k
Stall
(feet)
(feet)
(feet)
(feet)
Wall
(feet)
Way
(feet)
(feet)
Area
(feet)
(feet
(square
feet)
53.10
8.0
17.0
10.0
13.8
18.4
16.5
20.0
16.0
10.2
184
53
45
4"
44.6
444
44--!�
20:-9
4b:-9
4-9--8
2-0-7
9.0
19.0
11.3
15.5
20.6
16.5
20.0
17.9
11.4
232
600
8.0
17.0
9.2
10.8
18.7
17.0
20.0
16.7
8.5
173
&5•
4"
5
44-5
-19.8
-1=x-0
-1"
4--14
4",
9.0
19.0
10.4 1
12.1
21.0
17.0
20.0
18.7
9.5
218
700
8.0
17.0
8.5
6.8
18.7
20.0
22.0
17.3
5.8
159
8.4
4"
-4-0
-7-.4
4-9-8
-a"
24A
4-8-4
-6:2
1-74
9.0
19.0
9.6
7.6
20.9
20.0
22.0
19.4
6.5
200
800
8.0
17.0
8.1
5.0
18.1
23.0
24.0
17.4
3.0
1.47
8,51
4"
44
44
444
23-0
2"
454
-34
4466
9.0
19.0
9.1
5.0
20.3
23.0
24.0
19.5
3.3
185
900
8.0
17.0
8.0
5.0
17.0
26
26
17.0
0.0
136
24.0
24.0
&6
48:-9
-87-
4-4
45-9
2"
26-9
4"
4-54
9.0
19.0
9.0
5.0
19.0
24
26
19.0
0.0
171
24.0
24.0
IN
SECTION 43. Section 15.06.050 of the Kent City Code is amended as I
follows:
Sec. 15.06.050. Regulations for specific districts. In all districts the planning
director shall have the option to waive sign type requirements in unique and special cases
where due to building design or other special circumstance the development is unable to
conform to stated standards.
A. Signs permitted in residential districts.
1. Identification signs for single-family dwellings and duplexes. One (1)
identification sign shall be permitted for each occupancy. The sign shall not
exceed an area of three (3) square feet, shall not exceed a height of six (6)
feet above the surface of the street, shall be attached directly to a building,
fence, standard or mailbox, and shall be unlighted or provided with indirect
illumination. Home occupations shall not be allowed additional sign area.
2. Identification signs for multifamily dwellings. One (1) identification sign
shall be permitted for each development, except that multiple -family
dwellings with more than one (1) street frontage may be allowed an
additional sign for each street frontage of such lot. Each sign shall not
exceed an area of twenty-five (25) square feet, may be a wall or
freestanding sign, shall be unlighted or indirectly lighted, and shall not
exceed a height of six (6) feet above the ground if freestanding.
3. Farm product identification signs. No permit is required, but such signs
may not be located in the public right-of-way.
B. Signs permitted in neighborhood convenience commercial, community commercial,
general commercial and commercial manufacturing districts. The aggregate sign
area for any lot shall not exceed one and one-half (1 112) feet for each foot of street
frontage. Aggregate sign area for corner lots shall not exceed one (1) square foot
for each foot of street frontage. The permitted signs enumerated in this subsection
shall be subject to the total aggregate sign area.
1. Identification signs for occupancies. Each business establishment may have
79
one (1) freestanding sign for each street frontage if not located in a
shopping center, and three (3) additional signs.
a. Freestanding sign. The freestanding sign shall not exceed a height
of thirty (30) feet. The maximum sign area permitted is two hundred
(200) square feet for the total of all faces. No one (1) face shall
exceed one hundred (100) square feet. The sign may be illuminated.
b. Additional signs. Three (3) additional signs shall be permitted
subject to the following restrictions:
(1) The total area of all signs, graphics or other advertising shall
not be more than ten (10) percent of the building facade to
which they are attached or on which they are displayed.
(2) On properties where a pole sign cannot be erected due to
setback requirements or building placement, a projecting
sign may be allowed in lieu of the permitted freestanding
sign. The projecting sign may not exceed fifteen (15) square
feet in outside dimension.
2. Identification signs for shopping centers. One (1) freestanding identification
sign, which may list the names of the occupants of the shopping center,
shall be permitted for each street frontage of each shopping center. The
maximum sign area permitted for a freestanding sign is two hundred (200)
square feet for the total of all faces. No one (1) face shall exceed one
hundred (100) square feet. A freestanding sign shall not exceed a height of
thirty (30) feet, and may be illuminated.
3. Automobile service station signs. The aggregate sign area for any comer lot
shall not exceed one (1) square foot for each foot of lot frontage, and the
aggregate sign area for any interior lot shall not exceed one and one-half (1
1/2) square feet for each foot of lot frontage; and the permitted signs
enumerated in this subsection shall be subject to the total aggregate sign
area.
80
a. Freestanding signs. One (1) freestanding lighted double-faced
identification sign, not exceeding two hundred (200) square feet for
the total of all faces, with no such face exceeding one hundred (100)
square feet, is permitted. Such sign shall not exceed a height of
thirty (30) feet. If on a corner lot, two (2) monument signs not
exceeding one hundred (100) square feet per sign for the total of all
faces are permitted. Such monument signs shall not exceed a height
of fifteen (15) feet. Freestanding signs shall be lighted during
business hours only.
b. Additional signs. Three (3) additional signs shall be permitted
subject to the following restrictions: the total area of all signs,
graphics or other advertising shall not be more than ten (10) percent
of the building facade to which they are attached or on which they
are displayed.
C. Fuel price signs. Fuel price signs shall be included in the aggregate
sign area.
4. Farm product identification signs. No permit is required, but such signs
may not be located in the public right-of-way.
C. Signs permitted in downtown commercial and downtown commercial enterprise
districts. The aggregate sign area for any lot shall not exceed one and one-half (1
1/2) square feet for each foot of street frontage. The aggregate sign area for corner
lots shall not exceed one (1) foot for each foot of street frontage. The permitted
signs enumerated in this subsection shall be subject to the total aggregate sign area.
i. Identification signs for multitenant buildings.
a. Wall sign. Each multitenant building may have one (1) identification
wall sign for the building's identification for each street frontage.
The sign shall not exceed a total of five (5) percent of the facade to
which it is attached. The sign shall not name or advertise the
individual tenants of the building. Aggregate sign area shall apply.
81
A multitenant building will have the option of the sign described in
this subsection a. or the identification sign described in subsection
C. Lb. of this section.
b. Freestanding sign. Each building may have one (1) freestanding
sign on each street frontage. The sign may not exceed fifteen (15)
feet in height. The maximum sign area permitted for the
freestanding sign is one hundred (100) square feet for the total of all
faces. No one (1) face shall exceed fifty (50) square feet.
Multitenant freestanding signs shall not name or advertise the
individual tenants of the building.
2. Identification signs for occupancies. Each occupant of a multitenant
building shall be permitted two (2) wall signs. Such signs shall not exceed
ten (10) percent of the facade of the individual business unit. Aggregate
sign area shall not apply.
3. Identification signs for single -tenant building.
a. Each building may have one (1) freestanding sign for each street
frontage. The sign may not exceed a height of fifteen 15 t1 (;@)
feet. The maximum sign area permitted for the freestanding sign is
one hundred (100) square feet for the total of all faces. No one (1)
face shall exceed fifty (50) square feet.
b. Three (3) additional signs shall be permitted. All signs are subject.
to the aggregate sign area allowed. The total area of all signs,
graphics or other types of signs shall not exceed ten (10) percent of
the facade to which they are attached or on which they are
displayed.
D. Signs permitted in office district.
1. Generally. One (1) freestanding double-faced identification sign shall be
permitted for each lot. The sign shall not exceed a maximum area of fifty
(50) square feet for the total of all faces. No one (1) face shall exceed
82
twenty-five (25) square feet. A freestanding sign shall not exceed a height
of fifteen (15) feet and shall be unlighted or provided with indirect
illumination.
2. Identification signs for buildings. One (1) identification sign shall be
permitted for each principal building. The sign shall not exceed an area of
five (5) percent of the facade to which it is attached, shall be attached flat
against the building, shall not project above the eave of the roof or the top
of the parapet, and shall be unlighted or provided with indirect illumination.
Such signs shall not advertise or name individual tenants of the building.
3. Identification signs for occupancies. Signs not exceeding a total of five (5)
percent of the facade of the business unit to which they are attached shall
be permitted for each occupancy in a multitenant building when the
occupancy has outside frontage.
E. Signs permitted in industrial districts.
1. Aggregate sign area. The aggregate sign area for lots in the MA and M1
districts shall not exceed one-half square foot for each foot of street
frontage. The aggregate sign area for lots in the M2 and DLM districts shall
not exceed three-fourths square foot for each foot of street frontage. The
aggregate sign area for lots in the M3 district shall not exceed one (1)
square foot for each foot of street frontage. In no case shall the aggregate
sign area exceed one-half square foot for each foot of street frontage on a
corner lot. The permitted signs enumerated in this subsection shall be
subject to the total aggregate sign area.
a. Identification signs for buildings. One (1) identification sign shall
be permitted for each lot on each street frontage, which may be a
freestanding sign or a wall sign. The maximum sign area permitted
for a freestanding sign is two hundred (200) square feet for the total
of all faces. No one (1) face shall exceed one hundred (100) square
feet. If the sign is a wall sign its size shall not exceed twenty (20)
83
percent of the building facade. A freestanding sign shall not exceed
a height of twenty (20) feet. The sign may be illuminated.
b. Identification signs for occupancies. One (1) identification sign shall
be permitted for each occupancy on each street frontage and shall be
a wall sign. The maximum size of the sign shall be ten (10) percent
of the building facade. This sign may be illuminated. If the
identification sign permitted under subsection E. La. of this section
is a wall sign, an additional wall sign may be permitted on a
building facade not facing a street frontage.
2. Farm product identification signs. No permit is required, but the sign may
not be located in the public right-of-way.
F. Signs permitted in planned unit developments, special use combining districts and
mobile home park districts and for conditional uses. All signs in planned unit
developments, special use combining districts and mobile home parks and for
conditional uses shall be incorporated as part of the developmental plan and
approved with the developmental plan. Subsequent changes which conform to the
adopted signing program may be granted by the planning director.
G. Signs permitted in shopping centers. The aggregate sign area for each occupant of
a shopping center shall not exceed twenty (20) percent of the front facade of the
unit. Wall signs are permitted on each exterior wall of the individual business unit.
A minimum of thirty (30) square feet shall be permitted for any occupancy. No
combination of signs shall exceed ten (10) percent of the facade to which they are
attached. If there is an attached canopy or overhang, a ten -square -foot sign may be
attached to the canopy or overhang in addition to the other permitted signs. Such
sign shall be at least eight (8) feet above any pedestrian walkway.
SECTION 44. Section 15.07.040 of the Kent City Code is amended by
adding new subsections 15.07.040(Q) -(V) as follows:
Sec. 15.07.040. General landscape requirements for all zones.
A. All parking areas of over twenty thousand (20,000) square feet shall have a
minimum of ten (10) percent of the parking area, maneuvering area and loading
space landscaped as a means to reduce the barren appearance of the lot and to
reduce the amount of stormwater runoff. Perimeter landscaping, required adjacent
to property lines, shall not be calculated as part of the ten (10) percent figure.
B. All ingress or egress easements which provide corridors to the subject lot, not
adjacent to a public right-of-way, shall be considered the same as a public right-of-
way. Landscape requirements for easement corridors shall be the same as those
required adjacent to public rights-of-way.
C. All outside storage areas shall be screened by fencing and landscaping a minimum
of five (5) feet in depth unless it is determined by development plan review that
such screening is not necessary because stored materials are not visually obtrusive.
The five-foot deep landscaped area can occur within the street right-of-way abutting
the property line.
D. All portions of a lot not devoted to building, future building, parking, storage or
accessory uses shall be landscaped in a manner appropriate to the stated purpose of
this chapter.
E. All required landscaping areas shall extend to the curbline or the street edge. A
crushed rock path in lieu of landscaping shall be required where appropriate as
determined by the planning department.
F. Required landscape areas which are inappropriate to landscape due to the existence
of rail lines or other features shall be relocated, first, to another lot line, or second,
to an equal -sized area in another portion of the lot, to be determined by the planning
department upon review with the owner or developer.
G. Bark mulch, gravel or other nonvegetative material shall only be used in
conjunction with landscaping to assist vegetative growth and maintenance or to
visually complement plant material. Nonvegetative material is not a substitute for
plant material.
H. Required landscape areas shall be provided with adequate drainage.
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I. Slopes shall not exceed a three (3) to one (1) ratio (width to height), in order to
decrease erosion potential and assist in ease of maintenance.
J. The perimeter of all parking areas which abut residential zones or uses shall be
landscaped to a minimum depth of three (3) feet with type II landscaping unless
otherwise provided by this chapter. A six-foot high solid wood or equivalent fence
is also required. Substitute fencing, including but not limited to chainlink fence
with slats, may be approved by the planning director upon application of the
developer and adjacent residential property owners when such fencing shall provide
buffering consistent with the purpose and intent of this chapter. The term "adjacent
residential property," for purposes of this section, shall mean abutting property, and
lots immediately adjacent to abutting property.
K. Landscaping shall not conflict with the safety of those using adjacent sidewalks or
with traffic safety. Safety features of landscaping shall be discussed at the time of
development plan review, if necessary.
L. Quantity, arrangement and types of plants installed shall be appropriate to the size
of the required landscape area and purpose of planting area as noted in section
15.07.050 pertaining to types of landscaping.
M. All trash containers shall be screened from abutting properties and streets by a one
hundred (100) percent sight -obscuring fence or wall and appropriate landscaping.
N. Landscaping shall be placed outside of sight -obscuring or one hundred (100)
percent sight -obscuring fences unless it is determined by the planning department
that such arrangement would be detrimental to the stated purpose of this chapter.
O. All property abutting Highway 167 or Interstate 5 shall be landscaped to a minimum
depth of ten (10) feet unless a larger area is required elsewhere in this chapter.
P. All property abutting East Valley Highway between South 180th Street on the north
to the SRI 67 overpass on the south shall be landscaped to a minimum depth of (15)
fifteen feet unless a larger area is required elsewhere in this chapter.
Q The use of native an drought tolerant, low water use plants shall be incorporated
into landscape design plans.
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R. Landscape plans shall include where feasible a diversity of native plant species
which promote native wildlife habitat.
S. When irrigation systems are incorporated into a landscaping area, the applicant shall
prepare a water use and conservation plan for review and approval by the Public
Works Department.
T. Landscaping_ adjacent to required biofiltration systems may be considered part of
any required landscaping areas, subject to approval by the Planning Director and
the Public Works Department. Landscaping shall not be permitted within the
treatment area of a biofiltration system. The chosen vegetation shall not result in
any disruption of bioswale functions at an, _ time.
ime.
U. Landscaping buffers shall be required adjacent to any above ground storm water
facilities, as required in the City's construction standards, subject to the approval
of the Public Works Department.
V. The configuration and plant species of landscape areas on a site shall be designed
so as to not disrupt the functions of storm waters std
SECTION 45. Chapter 15.07 of the Kent City Code is amended by
:repealing Section 15.07.050 in its entirety and adopting a new Section 15.07.050 as
follows:
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Sec. 15.07.050. Types of landscaping.
TYPE I
TYPE II
TYPE III
TYPE IV
TYPE V
Solid Screen
Visual Screen
Visual Buffer
Low Cover
Open Area
PURPOSE
Type I
Type II
Type III
Type IV
Type V
landscaping is
landscaping is
landscaping is
landscaping is
landscaping is
intended to
intended to create
intended to
intended to
primarily
provide a solid
a visual
provide visual
provide visual
intended to
sight barrier to
separation that is
separation of uses
relief where clear
visually interrupt
totally separate
not necessarily
from streets and
sight is desired or
large open spaces
incompatible
one hundred
main arterials and
as a complement
of parking areas.
uses.
(100) percent
between
to larger, more
sight -obscuring
compatible uses
predominant
between
so as to soften the
planting
incompatible
appearance of
materials.
uses,
streets, parking
lots and building
facades.
DESCRIPTIO
Type I
Type ll
Type III
Type 1V
Type V
N
landscaping shall
landscaping shall
landscaping shall
landscaping shall
landscaping shall
consist of
be evergreen or a
be evergreen and
consist of a
consist of trees
evergreen trees or
mixture of
deciduous trees
mixture of
planted with
tall shrubs with a
evergreen and
planted not more
evergreen and
supporting shrubs
minimum height
deciduous trees
than thirty (30)
deciduous shrubs
or ground cover.
of six (6) feet at
with large shrubs
feet on center
and ground
Each landscape
planting, which
and ground cover
interspersed with
cover, to provide
area shall be of
will provide a
interspersed with
large shrubs and
solid covering of
sufficient size to
one hundred
the trees. A sight-
ground cover.
the entire
promote and
(100) percent
obscuring fence
Where used to
landscaping area
protect growth of
sight -obscuring
will be required
separate parking
within two (2)
plantings, with a
screen within two
unless it is
from streets,
years of planting
one -hundred -
(2) years from the
determined by
plantings must
and to be held to
square -foot
time of planting;
development plan
create a visual
a maximum
minimum (see
or a combination
review that such
barrier of at least
height of three
subsection
of evergreen and
a fence is not
forty-two (42)
and one-half (3
15.07.040 A.).
deciduous trees
necessary.
inches in height
1I2) feet (see
(See also A and
and shrubs
(See also A, B,
at time of
definition of
B below)
backed by one
and C below)
planting and form
ground cover).
hundred (100)
a solid screen two
percent sight-
(2) years after
obscuring fence.
planting.
(See also A, B,
and C below)
Additional requirements for Types II, III, and V are as follows:
(A) Evergreen trees shall be an average height of six (6) feet at planting. Deciduous trees shall be the following
sizes based on their spacing:
(1) One -inch caliper: Ten (10) feet on center,
(2) Two-inch caliper: Twenty (20) feet on center.
(3) Three-inch caliper: Thirty (30) feet on center,
(4) Three -and -one-half to five -inch caliper: Forty (40) feet on center.
(B) Ground cover shall be of sufficient size and spacing to form a solid cover within two (2) years from the
time of planting.
(C) The plantings and fence must not violate the sight area safety requirements at street intersections.
SECTION 46. Chapter 15.07 of the Kent City Code is amended by
repealing Section 15.07.060 in its entirety and adopting a new Section 15.07.060 as
iiIR.M
Sec. 15.07.060. Regulations for specific districts. Landscaping regulations for
specific zoning districts are as follows:
A. Residential agricultural, RA. None.
B. Single-family residential, SR None.
C. Duplex multifamily residential, MR -D. None.
D. Low density multifamily residential, MR -G.
Medium density multifamily residential, MR -M.
High density multifamily residential, MR -H
1. A minimum of ten (10) feet of landscaping shall be provided abutting a
public right-of-way.
2. Open green area shall occupy no less than twenty-five (25) percent of the
area of the lot.
3. The side and rear perimeters of properties shall be landscaped to a minimum
depth of ten (10) feet.
4. A minimum of five (5) feet of foundation landscaping shall be placed along
the perimeter of any multifamily structure. Foundation landscaping consists
of shrubbery or some other combination of landscape materials that helps
to reduce the visual bulk of structures and buffer dwelling units from light,
glare and other environmental intrusions.
E. Mobile home park combining district, MHP. Requirements shall be per the mobile
home park code.
F. Neighborhood convenience commercial, NCC
Community commercial., CC.
Commercial manufacturing, CM.
General commercial, GC.
Professional and office district, O
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1. The perimeter of property abutting a residential district shall be landscaped
to a minimum depth of ten (10) feet.
2. A planting strip not less than five (5) feet in depth shall be provided along
all property lines abutting public rights-of-way.
G. Downtown commercial, DC.
1. A minimum of three (3) feet of landscaping to screen off-street parking
areas, placement of which shall be determined through the downtown
design review process outlined in section 15.09.048.
2. Street trees in accordance with the official tree plan shall be planted.
H. Downtown commercial enterprise, DCE
Downtown limited manufacturing, DLM.
1. The perimeter of properties abutting a residential district shall be landscaped
to a minimum depth of ten (10) feet.
2. A minimum of three (3) feet of landscaping to screen off-street parking
areas, placement of which shall be determined through the downtown
design review process outlined in section 15.09.048.
3. Street trees in accordance with the official tree plan shall be planted.
I. Industrial agricultural, MA (industrial uses)
Industrial park district, M 1.
1. Front yard. The front twenty (20) feet shall be improved with appropriate
permanently maintained landscaping.
2. Side yard. At least fifteen (15) feet of the side yard shall be landscaped as
provided in subsection I.1. of this section.
J. Limited industrial district, M2. j
1. Front yard. The front fifteen (15) feet shall be improved with appropriate
permanently maintained landscaping. 1
2. Side yard. At least ten (10) feet of the side yard shall be landscaped as
provided in subsection J.1. of this section.
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K. General industrial district, M3.
1. Front yard. The front ten (10) feet shall be improved with appropriate
permanently maintained landscaping.
2. Side yard. At least five (5) feet of the side yard shall be landscaped as
provided in subsection K.1. of this section.
L. Gateway commercial district, GWC.
1. Additional landscaping requirements. Landscaping requirements shall
include the following:
a. Where buildings abut the required front yard, a landscape strip at
least fifteen (15) feet in depth shall be provided. Where vehicular
parking areas abut the required front yard, a landscape strip at least
twenty (20) feet in depth, with an earth berm at least thirty-six (36)
inches in height, shall be provided.
b. All landscape strip at least five (5) feet in depth shall be provided
along the side property lines of all independent development sites.
No landscaping along the side property lines shall be required
between adjacent properties where a common, shared driveway with
a perpetual cross -access easement is provided to serve the adjoining
properties. Where the side property line of a commercial use abuts
a residential district, a landscape strip at least ten (10) feet in depth
shall be provided.
C. A landscape strip of at least fifteen (15) feet in depth shall be
provided along side property lines flanking the street of a corner lot.
Where vehicular parking areas abut the required side yard, an earth
berm at least twenty-four ("24) inches in height shall be provided.
d. A landscape strip of at least five (5) feet in depth shall be
provided along all rear property lines. Where the rear
a
property line of a commercial use abuts a residential use, a
landscape strip of at least ten (10) feet in depth shall be
provided.
SECTION 47. Section 15.08.020 of the Kent City Code is amended as
follows:
Sec. 15.08.020. Special permit uses. The following uses are permitted in the
several districts in which they are listed as special permit uses provided that they conform
to the development standards listed in this section in addition to conforming to the
development standards of the zoning district in which the use is located:
A. Churches (excluding drive-in churches, which are conditional uses).
1. Minimum lot area. Minimum lot area is one (1) acre in SR zones; in other
zoning districts it shall be the minimum lot area of the underlying district.
2. Front yard. There shall be a front yard of at least twenty (20) feet in depth.
3. Side yard. Each side yard shall be a minimum of fifteen (15) feet in width.
4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth.
5. Ingress and egress. A separate entrance and exit shall be provided. Loading
and unloading areas shall be provided and shall be located off public streets.
6. Landscaping. All yard areas must be landscaped.
7. Day, care centers. Day care centers in churches must also provide the
required play area as provided in subsection B. of this section.
8. Parking- signs. Offstreet parking and sign regulations shall be observed.
r. ■
92
C. Gasoline service stations (with or without retail convenience grocery sales). The
provision of gasoline pumps shall not be considered incidental or secondary to a
permitted use, and must conform to the requirements of this section.
1. Minimum lot area. Minimum lot area is fifteen thousand (15,000) square
feet.
2. Lot frontage. There shall be at least one hundred twenty (120) feet of
frontage on a public street.
3. Pump setbacks. The pump island shall be set back fifteen (15) feet from the
public right-of-way and any property lines.
4. Lubrication facilities. Lubrication shall be done within an enclosed building.
5. Buffering of'adjacent property. A solid or woven fence, free of advertising,
shall be maintained along property lines which flank residential districts.
6. Lighting. Lighting devices shall be shaded so as not to glare into residential
districts.
7. Hours. Gasoline service stations providing automobile repair services
abutting residential districts shall limit their hours of operation from 6:00
a.m. to 9:00 p.m. Signs shall not be lit when the service station is closed.
8. Ingress and egress. Driveway widths and separation shall be reviewed and
approved by the Public Works Department, shall not be r-@a4er than 44t ,
93
_feet r,..;.,_R.,.. ys sh,4 be „ „I„ .t,.,,, 4..e (5) f @t to ., pr-e„o,.+., lino. There
shall be not more than two (2) driveways per public right-of-way.
9. Parking. Offstreet parking shall be provided in compliance with chapter
15.05.
10. Signs. The sign regulations of chapter 15.06 shall apply.
11. Grocery sales facilities. Convenience grocery sales facilities shall be limited
to a maximum size of three thousand (3,000) square feet of gross floor area
in zones which do not allose retail grocery sales as a principally permitted
use.
12. General development standards. Development standards and criteria of the
underlying zoning district shall apply unless otherwise noted in this section.
13. Storage of motor fuels. Quantity limitations on hazardous substance land
uses, including onsite hazardous waste treatment or storage facilities, shall
not apply to motor fuels that may be stored on the site for the permitted use.
D. Drive-in restaurants.
1. Alinimum lot area. Minimum lot area is fifteen thousand (15,000) square
feet.
2. Front yard. There shall be a front yard of at least twenty (20) feet in depth.
3. Side yard. Each side yard shall be at least twenty (20) feet in width.
4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth.
5. Ingress and egress. Driveway widths shall not be greater than thirty (30)
feet, and driveways shall not be closer together than twenty-five (25) feet.
Driveways shall not be closer than five (5) feet to a property line. There
shall be not more than two (2) driveways per public right-of-way.
6. Landscaping. A ten -foot strip is required along street rights-of-way, except I
at points of ingress and egress to the property. A five-foot strip of I
landscaping along side lot lines shall be provided. Landscaping shall be
provided in a manner assigned by the planning department at the time of
94
development plan review.
SECTION 48. Section 15.08.080 of the Kent City Code is amended as
follows:
Sec. 15.08.080. Parking, storage or habitation of major recreational
equipment. FGF PUTOSOS Of thiS 64@,
hR ,.'qoa i^, I'
t.:No more than one (1) unit of a recreational vehicle as defined
in Kent City codes 15.02.338 or equipment shall be stored outside an enclosed building or
structure on residential property; said equipment shall be screened from view of
surrounding neighbors and shall not be used for habitation.
SECTION 49. Section 15.08.090 of the Kent City Code is amended as
follows:
Sec. 15.08.090. Parking or storage of inoperable vehicles. No more than one (1)
vehicle of any kind in inoperable condition not licensed nor legally operable upon roadway
shall be stored or parked on any residentially zoned property for more than thirty (30) days-
unless said vehicle is stored in an enclosed area and hidden from view of surrounding
neighbors.
SECTION 50. Section 15.08.100 of the Kent City Code is amended as
follows:
Sec. 15.08.100. Nonconforming development.
A. Pzufpose. The intent and purpose of this section is to:
1. Ensure reasonable opportunity for use of legally created lots which do not
meet current minimum requirements for the district in which they are
located.
95
2. Ensure reasonable opportunity for use, maintenance and improvement of
legally constructed buildings, structures and site development features
which do not comply with current minimum requirements for the district in
which they are located.
3. Ensure reasonable opportunity for continuation of legally established uses
which do not conform to use regulations for the district in which they are
located.
4. Encourage the eventual replacement of nonconforming uses having
potentially undesirable impacts on conforming uses.
5. Encourage the eventual upgrading of nonconforming buildings, structures
and site development features which do not comply with current minimum
requirements for the district in which they are located.
B. Applicability. Nonconforming uses, structures, lots or signs are not favored by law
and this title, and it is to avoid injustice that this title accepts such elements. To
benefit from the protection given to nonconforming development, such use,
structure, lot or sign must have been lawfully established prior to -Hill 29, 197;, the
effective date of this chapter or subsequent amendments there to, or pursuant to a
county resolution in effect at the time of annexation which rendered it
nonconforming. This section distinguishes between and defines nonconforming
uses, major nonconforming buildings and structures, minor nonconforming
buildings and structures, nonconforming lots of record and nonconforming signs.
Different requirements are made applicable to each of these categories. The degree
of restriction made applicable to each separate category is dependent upon the
degree to which that category of nonconformance is a nuisance or incompatible
with the purpose and requirements of this title.
C. Nonconforming uses.
1. Applicability of restrictions. Regulations applicable to nonconforming uses
are in addition to regulations applicable to nonconforming structures, lots
M
and signs, and in the event of any conflict the most restrictive provisions
shall apply.
2. Expansion of nonconforming uses. No existing building, structure or land
devoted to a nonconforming use shall be expanded, enlarged, extended,
reconstructed, intensified or structurally altered unless the use thereof is
changed to a use permitted in the district in which such building, structure
or land is located except as follows: When authorized by conditional use
permit, a nonconforming use may be expanded, enlarged, extended,
reconstructed, intensified or structurally altered. ^„ 'and „n-ao,. +tea sAme
ewaer-s4ip as of januai-y 1, 444.
3. Change of nonconforming use. When authorized by the planning director,
a nonconforming use may be changed to a use of a like or more restrictive
nature.
4. Extension of nonconforming use. When authorized by the planning director,
a nonconforming use may be extended throughout those parts of a building
which were manifestly designed or arranged for such use prior to the date
when such use of such building became nonconforming, if no structural
alterations except those required by law are made therein.
5. Discontinuance ol'nonconforming use. When a nonconforming use of land
or a nonconforming use of all or part of a structure is discontinued or
abandoned for a period of six (6) months, such use shall not be resumed,
notwithstanding any reserved intent not to abandon such use. Normal
seasonal cessation of use, or temporary discontinuance for purposes of
maintenance or improvements, shall not be included in determination of the
six-month period of discontinuance.
6. Reversion to nonconforming use. If a nonconforming use is changed to a
permitted use, the nonconforming use shall not be resumed.
7. Residential exception to nonconforming use status. Legally established
residential uses located in any residential zoning dist-viet —A444— 4- -io.stenee as
97
4 jaaiaaFy 1, 198 , shall not be deemed nonconforming in terms of density
provisions and shall be a legal use.
D. Nonconforming buildings and structures.
1. Applicability of restrictions. Regulations applicable to nonconforming
structures are in addition to regulations applicable to nonconforming uses,
lots and signs, and in the event of any conflict the most restrictive
provisions shall apply.
2. Major nonconforming buildings and structures. No major nonconforming
structure may be expanded, enlarged, extended, reconstructed or structurally
altered or changed, nor may any major nonconforming building, structure
or lot be occupied after discontinuance of change in use, unless the
structure, use and associated grounds and development are brought into
compliance with use and minimum development standards of the district in
which such structure is located, except as follows:
a. Any major nonconforming structure damaged by fire, flood,
explosion, wind, earthquake, war, riot or other natural disaster, aa4
.,.ve+ 4441440 of +l,eg+..,,,.+,,..e At 44A +;,,,e Af a,,,,,Rg@ ShallA,t ho
b,appO,- ing ,
+tie ..i.,,,,, +*g rl;,.e„+r.,- .,11.,44.; ,.1,
4,e„+t, ,r;+�. £ v5ect Airi�.n4�iv-rnv�aJS.; 1,,,w@ye, 44@r-@ e t ca£
does .,.e+ e earl 44y (50) p Ht of the Fair m. Ake -i
at +l,e +; ,f daffiage, the s+r„e+u� may be
restored, reconstructed and used as before, provided that the work
be vested by permit application be eemplet@4 within one (1) year of
such happening; any restoration or reconstruction not vested by
permit application within 12 months from the date of the fire or
other casualty shall be deemed abandoned and not allowed to be
restored.
M
b. Such repairs and maintenance work as required to keep the structure
in sound condition may be made to a major nonconforming
structure, provided no such structural alterations shall be made
except such as are required by law or ordinance or authorized by the
planning director.
3. Minor nonconforming buildings and structures. No minor nonconforming
structure may be expanded, enlarged, extended, reconstructed or otherwise
structurally altered or changed, nor may any minor nonconforming building,
structure or lot be occupied after discontinuance or change in use, unless the
structure and associated grounds and development are brought into
compliance with the minimum development standards of the district in
which such structure is located, except as follows:
a. Any minor nonconforming structure damaged by fire, flood,
explosion, wind, earthquake. war, riot or other natural disaster,
iitRSkpt ;^altle 6 Lt1je'rJTlQCRTr-@ at the ^L721' a e� daR4age, Sh&II ..A4 Io
7
-phlue Of *110 4f:R.tHFO FA +,,o .:.v,o „� 144,E aff, it may be restored,
reconstructed and used as before, provided that the work be vested
by permit application be completed within one ( 1) year of such
happening any restoration or reconstruction vested by permit
application 12 months from the date of the fire or other casualt
shall be deemed abandoned and not allowed to be restored.
b. Such repairs and maintenance work as required to keep the structure
in sound condition may be made to a minor nonconforming
structure, provided no such structural alterations shall be made
except such as are required by law or ordinance or authorized by the
planning director.
4. Planning director's authority. The planning director may waive specific
development standard requirements or impose additional requirements
when all the following criteria are met:
a. When owing to special circumstances a literal enforcement of the
provisions of this title or other land use regulatory ordinances of the
city will result in unnecessary hardship.
b. When the waiver of development requirements is in harmony with
the purpose and intent of city ordinances and the comprehensive
plan.
C. When the proposed use, building and development will function
without adverse impact upon adjacent property, development in the
area or the city as a whole.
d. When a conditional use permit is not required.
b- When th@ pfepesej 4480 v"i4hin the, neaeeafi)fming S�Ftletur-@ 40141-1
100
E. Nonconforming lots.
1. Applicability of restrictions. Regulations applicable to nonconforming lots
are in addition to the regulations applicable to nonconforming uses,
structures and signs, and, in the event of conflict, the most restrictive
provisions shall apply.
2. Nonconforming lots of record.
a. Residential districts.
(1) In any district in which single-family dwellings are
permitted, a single-family dwelling and customary
accessory buildings may be erected on any single lot of
record as of June 20. 1973, notwithstanding limitations
imposed by other provisions of this title. Such lot must be in
separate ownership and not of continuous frontage with
other lots in the same ownership. This provision shall apply
even though such lot fails to meet the requirements for area
or width that are generally applicable in the district,
provided that yard dimensions and requirements other than
those applying to area or width of the lot shall conform to
the regulations for the district in which such lot is located.
(2) In all single-family zoning districts, with the exception of
the R1-5.0 zoning district, if two (2) or more lots or
combinations of lots and portions of lots with continuous
frontage in single ownership are of record prior to June 20,
1973, and if all or part of the lots do not meet the minimum
requirements established for lot width and area, the land
101
involved shall be considered to be an undivided parcel for
the purposes of this title, and no portion of the parcel shall
be used or sold in a manner which diminishes compliance
with lot width and area requirements established by this
title, nor shall any division of any parcel be made which
creates a lot with width or area below the requirements
stated in this title.
(3) In the R1-5.0 zoning district, if two (2) or more single-
family zoned lots or combination of lots and portions of lots
with continuous frontage in single ownership are of record
prior to June 20, 1973, and if all or part of the lots do not
meet the following minimum requirements established for
lot width, lot area and topography, the land involved shall be
considered to be an undivided parcel for the purposes of this
title, and no portion of the parcel shall be used or sold in a
manner which diminishes compliance with lot width and
area requirements established by this title, nor shall any
division of any parcel be made which creates a lot with
width or area below the requirements stated in this title.
(a) Minimum lot area: Four thousand six hundred
(4,600) square feet.
(b) Minimum lot width: Forty (40) feet.
(c) Maximum site slope: Fifteen (15) percent.
b. Other districts. In any other district, permitted building and
structures may be constructed on a nonconforming lot of record,
provided site coverage, yard, landscaping and offstreet parking
requirements are met. Such lots must be in separate ownership and
not of continuous frontage with other lots in the same ownership
prior to June 20, 1973, and if all or part of the lots do not meet the
102
minimum requirements established for lot width and area the land
involved shall be considered to be an undivided parcel for the
purposes of this title, and no portion of the parcel shall be used or
sold in a manner which diminishes compliance with lot Mdth and
area requirements established by this title, nor shall any division of
any parcel be made which creates a lot with width or area below the
requirements stated in this title.
F. Nonconforming signs.
1. Applicability of restrictions. Regulations applicable to nonconforming signs
are in addition to regulations applicable to nonconforming uses, structures
and lots, and in the event of conflict the most restrictive provisions shall
apply.
2. Continuation of nonconforming signs.
a. Signs that were legally existing as of Aiae 29 19 ", the effective
date of this title or subseauent amendments thereto that do not
conform to the regulations of this title shall be considered
nonconforming signs. Nonconforming signs may not be moved,
relocated, altered or added to without receiving approval from the
planning department.
b. No sign permit shall be issued to allow legal signs on property
having an illegal or nonconforming sign until such time as the
nonconforming or illegal sign is modified to conform to this title.
3. Amortization period.
a. Abandoned signs. Abandoned signs must be removed within ninety
(90) days.
b. Number and type of signs. The number and type of allowable signs
for each occupancy must conform to the regulations of this title by
, 144
103
SECTION 51. Section 15.08.230 of the Kent City Code is amended as
follows:
Sec. 15.08.230. Solar access setback --Purpose. The purpose of the solar access
setback provisions is to provide a reasonable amount of solar access, wherever feasible, to
lots in the city, so that the economic value of solar radiation falling on those properties will
be preserved. investments in solar equipment will be secure, and the option to use solar
energy will be preserved and encouraged, as provided for in RCW 64.04.140. While the
solar access setback is not mandatory, Planning Department staff will work with applicants
on a cooperative and voluntary basis to attempt to site buildings on lots to preserve solar
access opportunities.
SECTION 52. Section 15.08.232 of the Kent City Code is amended as
follows:
Sec. 15.08.232. Solar Access Setback So -Applicability.
A. All structures over six (6) feet in height proposed on properties in the agricultural
(A-1), residential agricultural (RASR-1) and single-family ,
R! 7.2) zones will be reviewed in accordance with the design standards outlined
in shall eaffiply 40.4th section 15.08.234,
�or and are encouraged to meet those standards when feasible, based on the
size and configuration of the lot. The provisions of this section shall not e4ieeed
require that the yard and setback requirements of the underlying zone be exceeded.
104
SECTION 53. Section 15.08.234 of the Kent City Code is amended as
follows:
Sec. 15.08.234. Solar Access Setback fia e --Calculation.
A. Solar, factor.
1. The planning director or his designee shall determine the solar factor for a
lot based on table 1, attached to the ordinance from which this section is
derived and by this reference incorporated in this section, or the formula set
out in subsection A.2. of this section.
few (241 F of highpr-evi e.a tka4 « „t ; S;+,,.,toll „tl, t,f the ,, ,.+1,a,., l.,t
1;.,0 ., „9(4.40 L...lf .filo 4;144414 V w,+ .7;,2.0„x;,.., „FthA l.-.+
2. The formula referred to in subsection A.1. of this section is as follows:
N/(1t(l /.42 + P)lnAn2.3 8)
B. Solar setback. The following calculations shall be used to assess the distance of the
highest shade producing point of a structure from the northern orooertv line. This
setback should be applied where feasible, based on the size and configuration of the
lot.
1. (H - 6)/(.42 + P), for a lot with a solar factor equal to or greater than eighty-
five (85); or
2. (H - 14)/(.42 + P), for a lot with a solar factor equal to or greater than forty-
seven (47) and less than eighty-five (85).
3. For any lot with a solar factor less than forty-seven (47), the lot is exempt
105
A �
IM P_ I L9 I M!,Now
SECTION 53. Section 15.08.234 of the Kent City Code is amended as
follows:
Sec. 15.08.234. Solar Access Setback fia e --Calculation.
A. Solar, factor.
1. The planning director or his designee shall determine the solar factor for a
lot based on table 1, attached to the ordinance from which this section is
derived and by this reference incorporated in this section, or the formula set
out in subsection A.2. of this section.
few (241 F of highpr-evi e.a tka4 « „t ; S;+,,.,toll „tl, t,f the ,, ,.+1,a,., l.,t
1;.,0 ., „9(4.40 L...lf .filo 4;144414 V w,+ .7;,2.0„x;,.., „FthA l.-.+
2. The formula referred to in subsection A.1. of this section is as follows:
N/(1t(l /.42 + P)lnAn2.3 8)
B. Solar setback. The following calculations shall be used to assess the distance of the
highest shade producing point of a structure from the northern orooertv line. This
setback should be applied where feasible, based on the size and configuration of the
lot.
1. (H - 6)/(.42 + P), for a lot with a solar factor equal to or greater than eighty-
five (85); or
2. (H - 14)/(.42 + P), for a lot with a solar factor equal to or greater than forty-
seven (47) and less than eighty-five (85).
3. For any lot with a solar factor less than forty-seven (47), the lot is exempt
105
from solar setback calculations.
C. Definitions. For purposes of this section, "H" is the height of the highest shade -
producing point of the structure above grade. and T" is the solar slope of the lot.
"N" is the north -south lot dimension.
SECTION 54. Section 15.08.300 of the Kent City Code is amended as
follows:
Sec. 15.08.300. Zero lot line development --Authorized. Zero lot line
development may be permitted in the following zoning districts:
A. SR -2 R! -20 single-family residential.
B. SR -3 R-12 single-family residential.
C. SR -4.5 R! 9.6 single-family residential.
D. SR -6 44 7single-family residential.
E. SR -8 single-family residential.
Flo. MR -D duplex multifamily residential.
GE. MR -G garden density multifamily residential.
SECTION 55. Section 15.08.320 of the Kent City Code is amended as
follows:
Sec. 15.08.320. Zero lot line Same -Development standards for single-family
zoning districts. Zero lot line development standards for single-family zoning districts are
as follows:
Ali. Ifinimuna lot. Minimum lot size is three thousand six hundred (3,600) square feet.
BE. Maximum site coverage. Maximum site coverage is fifty (50) percent.
C13. Density. The density of the zero lot line development shall not exceed the density
of the underlying zoning district.
106
DE. Minimum yard requirements. Minimum yard requirements are as follows:
1. Front (dwelling): Ten 10 FiAeea (154 feet.
2. Front (garage): Twenty (20) feet.
3. Rear: Eight (8) feet.
4. One (1) side: Zero (0) feet.
5. Other side (dwelling): Ten 004eea (194 feet.
6. Other side (garage): Five (5) feet.
Eli. Distance between dwellings. Minimum distance between dwellings is fifteen (15)
feet.
Fes. Height limitation. The height limitation is two (2) stories, not to exceed thirty-five
(35) feet.
G14. Openings prohibited on zero lot line side. The wall of the dwelling located on the
lot line shall have no windows, doors, air conditioning units or any other type of
opening; provided, however, that atriums or courts shall be permitted on the zero
lot line side when the court or atrium is enclosed by three (3) walls of the dwelling
unit and a solid wall of at least eight (8) feet in height is provided on the zero lot
line. The wall shall be constructed of the same material as exterior walls of the unit.
Opaque openings or high-level windows above eight (8) feet in height shall be
allowed. There is no restriction on openings where a wall is located on a zero lot
line facing open space.
HI. Open space. Each zero lot line development shall provide not less than twenty-five
(25) percent of the gross land area for common open space, which shall be:
1. Concentrated in large areas and designed to provide either passive or active
recreation.
2. Owned and maintained as follows:
a. If under one (1) ownership, owned and maintained by the ownership:
b. Held in common ownership by all the owners of the development
by means of a homeowners' association. Such homeowners'
association shall be responsible for maintenance of the common
107
open space. If such open space is not maintained in a reasonable
manner, the city shall have the right to provide for the maintenance
thereof and bill the homeowners' association accordingly. If unpaid,
such bills shall be a lien against the homeowners' association, or
C. Dedicated for public use if accepted by the city legislative authority
or other appropriate public agency.
Ij. Perimeter buffer. A ten -foot minimum width buffer strip is required on all
boundaries of the development. A one hundred (100) percent sight -obscuring wall,
fence or landscape shall be established along all boundaries. The ten -foot buffer
strip inside this sight -obscuring screen may be part of the lots, or may be an area
maintained by a homeowners' association. The buffer strip required in this
subsection may be a credit against the open space requirements of subsection I. of
this section.
JK-. Walls. There shall be no contiguous walls between units.
Kl!:,. Storage of recreational vehicles. The storage or parking of recreational vehicles
shall be prohibited within a zero lot line development.
SECTION 56 Chapter 15.08 of the Kent City Code is amended by adding
a new Section 15.08.359 as follows:
Sec. 15.08.359. Accessory living quarters.
A. Intent. The city provides these accessory living quarter AL regulations for the
following purposes:
1. To meet the need for on-site dwelling of an owner or employee to provide
for security of the business.
2. To reduce the need for commute trips.
B. Standards and criteria.
1. One 1 AL er commercial or manufacturing building is allowed outright
within all commercial and manufacturing zones within the city.
2. An ALO may be established in a new or existing commercial or
manufacturing building by creating, the liviny, guarters within or as an
addition to the building, or as a detached structure from the principal
structure.
3. The ALO, as well as the main structure must meet all applicable setbacks
lot coverage, and building height re uirements.
4. The design and size of an ALQ shall conform to all applicable,standards in
the building, plumbing, electrical mechanical. fire health and any other
applicable codes. When there are practical difficulties involved insanjing
out the provisions of this section the building official m!Y grant
modifications for individual cases Pursuant to section 106 of the Uniform
Buildimz Code and as subsequently amended or recodified.
5. The size of an ALQ contained within or attached to a commercial or
manufacturiny, establishment shall be limited to twenty 20percent of the
commercial or manufacturing structure in which the ALO is located. The
size of a detached ALQ shall be limited to no more than one -thousand
(1000) square feet.
6. A permit a lication must be completed and approved for all AL s. The
planning department shall determine the applicable requirements for an
ALQ permit.
SECTION 57. Chapter 15.09 of the Kent City Code is amended by
repealing Section 15.09.045 in its entirety as follows:
109
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SECTION 58. Chapter 15.09 of the Kent City Code is amended by adding
a new Section 15.09.045 as follows:
See. 15.09.045. Administrative design review.
A. Purpose and scope. Administrative design review is an administrative process,
the purpose of which is to implement and give effect to the comprehensive plan, its
policies or parts thereof through the adoption of design criteria for development
relative to site la out landsca e architecture and exterior structure design. It is the
intent of the cijy that this process will serve to aid applicants in understanding the
principal expectations of the city concerning design, and encourage ag diversity of
ima inative solutions to development through theplanning department review and
gpplication of certain criteria. These criteria have been formulated to improve the
design siting and construction of development projects so as to be compatible, both
visually and otherwise with the topographic open space urban or suburban
characteristics of the land or adjacent properties, while still maintaining allowable
densities to be applied in a manner consistent_ with established land use policies, the
comprehensive planthis title, and community development goals of the city.
The adoption of design criteria is an element of the city's regulation of land u�
which is statutorily authorized. Application of the multifamily design process to the
desi n criteria adopted in this section is established as an administrative function
delegated to the planning department pursuant to RCW Title 35A therefore in
implementing the administrative design review rocess the planning director may
adopt such rules and procedures as are necessM to provide for expeditious review
of -proposed projects. Further rules may be promulgated for additional
administrative review.
B. Application and review process The administrative design review process is is
conducted as part of the permit review process. The applicant must make
application for the design review process on forms provided by planning
department Upon receipt of an application for design review, the planning director
shall circulate the application to the public works director, building official and the
city administrator for review. Prior to making a final decision, the planning director
shall review anv comments submitted for consideration. In the administration of
this process the planning director may develop supplementary handbooks for the
public which shall pictorially illustrate and provide additional guidance on the
interpretation of the criteria set forth in subsection C, of this section, as well as a
detailed explanation of the design review process.
C. Multiple Family Design Review. The planning department shall use the following
criteria in the evaluation and/or conditioning of applications under the multifamil
design review process:
1. Site desi n.
a. The site plan for the development should be integrated with the
surrounding neighborhood.
b. The site plan should take into consideration significant
environmental considerations and the lav of the land.
C. The site Wan should provide an open space network which will
accommodate a wide variety of activities both semi ublic and
private.
d. The site plan should accommodate vehicular access and parking in
a manner which is convenient et does not allow the automobile to
dominate the site.
e. The site plan should provide safe and convenient pedestrian
circulation.
112
2. Landscape design.
a. The landscape plan should integrate with and enhance the
surrounding neighborhood landscape.
b. The landscape Dlan should incorporate existing natural features of
significance.
C. The landscape plan should enhance the planned open space
network..
d. The landsca e plan should enhance the parking and utility areas on
the site.
e. The landscape plan should enhance building forms and orientation.
L The landscape plan should indicate the use of plant species suited
to the microclimate of the site and should provide for maintenance
of these plants.
3. Building design.
a. The buildin s in the development should where a ro riate
maintain nei hborhood scale and densitv.
b. The buildings in the development should be oriented to provide for
privacy of residents.
C. The exterior design of all buildings in the development should
provide for individual unit identity.
D. Multi amil y Transition Areas. Through the administrative design review process,
specific multifamily transition area requirements may be waived or modified where
the gapplicant demonstrates an alternative site plan which fulfills an equivalent
function to the multifamily transition area requirements. Elements which may be
evaluated under this process include general site layout, building_ placement and
orientation parking and maneuvering arrangements, landscaping and other
screening and buffering Trovisions.
113
1. Required m&n s. in order to modify or waive any multifamily transition
area requirement, the planning director must find that all of the following
criteria have been met:
I The proposal will accomplish the same or better protection of an
abuttin sin le-famil y district from impacts of noise traffic light
and other environmental intrusions caused by the multifamil
development.
b. The proposal will accomplish the same or better transition between
the multifamily development and abutting streets including
adequate buffering, of the multifamily development from the street
and vice versa.
c. The proposal is compatible with surrounding uses. Com atibilit
includes but is not limited to site layout, size scale mass and
rovisions for screening and buffering. The plannindirector shall
issue a report of his findings, conclusions and determination for
each proposal under this section.
E. Mixed Use Design Review. The -planning department shall use the following -criteria
in the evaluation an&or conditioning of applications under the mixed use design
review process when a roject includes residential use:
1. The followiniz criteria should apply to all mixed use with a residential
component development:
a. Some common recreations ace roofs terraces indoor rooms
courtyards.
b.
Lidting features that are shielded directing light downwards.
C. The residential portion of the building,should incoEporate residential
details, such as widow trim trellises balconies and bay windows.
d. The residential component should have an obvious generous
entrance, within features suggesting a "front door" for exam le a
lobby, trellis gate, archway or courtyard.
114
2. The following criteria shall apply to mixed use development:
a. if the residential component is located away from the main street
a landscaped pedestrian path should be provided between the
entrance and public sidewalk.
b.
Although the commercial and residential components mM have
different architectural expressions, they should exhibit a number of
elements that roduce the effect of an integrated development.
C. Surface parking should be generously landscaped to serve as an
amenily. Lighting fixtures should not exceed the height of the first
floor.
3. The following criteria shall Uply to mixed use buildings with a residential
com onent.
a. Parking lots if used should be divided into small increments
separated by landscaping and structures so that parking does not
dominate the site.
b. Articulated by use of different materials enerous windows with
low sill heights, "store" doors canopies, and lanters.
C. Residential floors should be expressed in an obvious manner with
ste backs chane in materials or color. and overhangs.
d. Commercial si ns should be contained within the first floor
commercial base and not extend u.p into the residential floor
facades.
F. A-12peals. The decision of the planning director to condition or reject any application
under the administrative desi n review process is final unless an appeal is made to
the hearing examiner within ten 00 days of either the issuance of the director's
conditional approval under this section of any a lication or the director's written
decision reiecting any application under this section, Appeals to the hearing
examiner shall be as set forth in chapter 2.32. The decision of the heariniz examiner
shall be final unless an qp eal is made to the city council within ten (1 D) days after
115
the hearing examiner's decision. The appeal shall be in writing to the city council
and filed with the clerk.
SECTION 59. Chapter 15.09 of the Kent City Code is amended by
repealing Section 15.09.047 in its entirety as follows:
.
116
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OPMUM
SECTION 60. Chapter 15.09 of the Kent City Code is amended by
renumbering Section 15.09.048 to 15.09.046 as follows:
Sec. 15.09.048046. Downtown design review.
A. Purpose and scope.
Downtown design review is an administrative process, the purpose of which
is to implement and give effect to the downtown plan, its policies or parts
thereof, through the adoption of design criteria for development within the
downtown planning area, which is bounded by state route 167 to the west,
James Street to the north, Jason/Titus./Central Avenue to the east, and Willis
Street to the south. The area is shown on the map below:
It is the intent of the city that this process will serve to aid applicants in
understanding the principal expectations of the city concerning
development in the downtown planning area and encourage a diversity of
imaginative solutions to development through the review and application
of the design criteria described in this section. These criteria have been
formulated to ensure that the design, siting and construction of development
will provide a quality pedestrian oriented urban environment in a manner
119
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OPMUM
SECTION 60. Chapter 15.09 of the Kent City Code is amended by
renumbering Section 15.09.048 to 15.09.046 as follows:
Sec. 15.09.048046. Downtown design review.
A. Purpose and scope.
Downtown design review is an administrative process, the purpose of which
is to implement and give effect to the downtown plan, its policies or parts
thereof, through the adoption of design criteria for development within the
downtown planning area, which is bounded by state route 167 to the west,
James Street to the north, Jason/Titus./Central Avenue to the east, and Willis
Street to the south. The area is shown on the map below:
It is the intent of the city that this process will serve to aid applicants in
understanding the principal expectations of the city concerning
development in the downtown planning area and encourage a diversity of
imaginative solutions to development through the review and application
of the design criteria described in this section. These criteria have been
formulated to ensure that the design, siting and construction of development
will provide a quality pedestrian oriented urban environment in a manner
119
consistent with established land use policies, the comprehensive plan, and I
zoning code of the city.
2. The adoption of design criteria is an element of the city's regulation of land
use, which is statutorily authorized. The downtown design review process
adopted herein is established as an administrative function delegated to the
planning department pursuant to RCW Title 35A. Therefore, in
implementing the downtown design review process, the planning director
may adopt such rules and procedures as are necessary to provide for review
of proposed projects.
3. Development in the downtown commercial (DC), downtown commercial
enterprise (DCE) and downtown limited manufacturing (DLM) zoning
districts within the downtown planning area shall be subject to the
provisions of this section.
4. Applications for multifamily development in the DC, DCE and DLM
zoning districts shall not be subject to the provisions of section 15.09.045,
administrative design review.
5. The downtown design review process is distinct from the multifamily
design review process set forth in section 15.09.047. Applications for
multifamily development within the DC, DCE and DLM zoning districts
shall be subject to the provisions of section 15.09.047 in addition to the
provisions of this section, except as provided in section 15.09.047 3.
However, the provisions of this section shall prevail in cases where a
conflict may arise between the requirements of the two (2) sections.
B. Application and review process. The doumtown design review process is
administrative and is conducted as part of the permit review process. The applicant
must make application for the design review process on forms provided by the
planning department. Upon receipt of an application for design review, the planning
director shall circulate the application to the public works director, building official,
and the city administrator for review. Prior to issuing a final decision, the planning
120
director shall review any comments submitted for consideration. In the
administration of this process, the planning department may develop supplementary
handbooks for the public, which shall pictorially illustrate and provide additional
guidance on the interpretation of the criteria set forth in subsection C. of this
section.
C. Design review committee. There is hereby established the downtown administrative
design review committee, which shall make all final decisions on applications for
downtown design review. The committee shall be comprised of three (3) members,
who shall be appointed by the planning director under the authority delegated to
him under RCW Title 35A. The members shall serve at the pleasure of the planning
director. The planning director shall, by administrative rule, establish the rules of
procedure for the committee, which shall be made available to the public upon
publication.
D. Design review criteria. The downtown administrative design review committee
shall use the following criteria in the evaluation and/or conditioning of applications
under the downtown design review process:
1. Site design.
a. The site plan conforms with the pedestrian plan overlay frontage
requirements for class A and class B streets as included in the
administrative guidelines of the planning department.
b. The site plan conforms with the maximum setback requirements as
specified by the pedestrian plan overlay.
C. The site plan provides for a zero setback for properties abutting
Meeker Street and First Avenue within the downtown commercial
district.
d. The site plan restricts the number of curb cuts necessary to meet
automobile circulation requirements.
e. Offstreet parking areas are located to the rear or side of buildings
and are well lighted.
121
f. The site plan provides for sidewalks and pedestrian corridors in both
public right-of-ways and privately owned areas.
g. Pedestrian corridors outside of buildings are clearly marked and well
lighted.
h. Pedestrian throughways are provided in long buildings.
i. The site plan provides for semiprivate and/or private useable open
space for any development with a residential component.
2. Landscape design.
a. The landscape plan provides for extensive landscaping of large
parking areas or other open areas which can be seen from the street
or other pedestrian oriented area.
b. The landscape plan enhances pedestrian activities for any setback or
other open space areas which are being provided on the site.
C. The landscape plan enhances any private and/or semiprivate open
spaces which are being provided for multifamily residential units.
3. Building design.
a. Building floor area above four (4) stories in height is setback as
appropriate to maintain human scale.
b. Buildings in the downtown commercial zoning district are designed
to be compatible with the existing historic buildings in terms of
bulk, scale, and cornice line.
C. Buildings in the downtown commercial zoning district provide
cover for pedestrians such as awnings along the length of any facade
abutting a sidewalk.
d. Building facades facing a public right-of-way or other pedestrian
oriented space minimize blank walls by providing windows and/or
providing an interesting design features.
e. Windows make up the greatest percentage of the street level facade
area to minimize blank walls in the downtown commercial zoning
122
district.
E. Appeals. The decision of the downtown administrative design review committee to
approve, condition or reject any application under the downtown design review
process is final unless an appeal is made to the hearing examiner within ten (10)
days of either the issuance of the committee's conditional approval or rejection of
any application under this section. Appeals to the hearing examiner shall be as set
forth in chapter 2.32. The decision of the hearing examiner shall be final, unless an
appeal is made to the city council within ten (10) days after the hearing examiner's
decision. The appeal shall be in writing to the city council and filed with the city
clerk.
SECTION 61. Chapter 15.09 of the Kent City Code is amended by
repealing Section 15.09.049 in its entirety as follows:
SSee. o Aai a , ,, a;A- PurpeFe 004 ,,,,
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123
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SECTION 62. Section 15.09.055 of the Kent City Code is amended as
follows:
Sec. 15.09.055. Zoning of annexed lands.
A. Purpose. It is the purpose of this section to provide a procedure to ensure that the
initial zoning of annexed territories is in conformance with city goals, policies and
plans.
126
B. Determination ofplanning director. Whenever the council shall determine that the
best interest and general welfare of the city would be served by annexing territory,
the planning director will cause an examination to be made of the comprehensive
plan of the city. If
the comprehensive plan is not current for the area of the proposed
annexation, the planning director will cause an application to be made to the
Land use and planning board for an update of the
comprehensive plan.
, In addition, the
planning director will cause an application to be filed with the
land use and planning board for an initial zoning recommendation.
C. Recommendation of land use and planning board. Upon
application by the planning director, the plafiHing eeFwnissiq land use and
121anning board shall hold at least one (1) public hearing to consider the
comprehensive plan for the area of the proposed annexation. Notice of the time,
place and purpose of such hearing shall be mailed to all property owners in the area
to be annexed and given by publication in a newspaper of general circulation in the
city and in the area to be annexed at least ten (10) days prior to the hearing. Upon
completion of the hearing, the land use and planning -board
shall transmit a copy of its recommendations for the comprehensive plan to the
council for its consideration.
D. Recommendation of land use and planning board.
In addition, the land use
and planningboard oard shall hold at least one (1) public hearing to consider the initial
zoning for the area of the proposed annexation. Notice of the time, place and
purpose of such hearing shall be mailed to all property owners in the area to be
annexed and given by publication in a newspaper of general circulation in the city
and in the area to be annexed at least ten (10) days prior to the hearing. A1
414
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general circulation in the city and in the area to be annexed at least ten (10)
days prior to the hearing. The ordinance adopting the initial zoning may
provide that it will become effective upon the annexation of the area into
the city. The city clerk shall file a certified copy of the ordinance and any
accompanying maps or plats with the county auditor.
SECTION 63. Chapter 15.09 of the Kent City Code is amended by adding
a new Section 15.09.065 as follows:
Sec. 15.09.065. Interpretation of uses. Land uses which are listed as principally
ermitted uses in the Land Use Tables shall be permitted sub'ect to the review processes,
standards and re ulations specified in Title 15. If a use is not listed in the Land Use tables
it shall be considered to be a prohibited use unless the Planning Director determines it to
be a ermitted use following the process outlined below.
If a proposed use is not specifically listed in the Land Use Tables an applicant mg - request
from the Planning Director an interpretation as to whether or not such use is a permitted
use In determining whether a proposed use closely resembles a use expressly authorized
in the applicable zonina district(s) the Planning Director shall utilize the following criteria:
A. The use resembles or is of the same basic nature as a use expressly authorized in the
applicable zoning district or districts in terms of the following:
1. the activities involved in orequipment or materials employed in the use;
2. the effects of the use on the surrounding area such as traffic impacts. noise
dust. odors vibrations. lighting and glare, and aesthetic appearance.
B. The use is consistent with the stated purpose of the applicable district or districts.
C. The use is compatible with the applicable goals and policies of the Comprehensive
Plan.
A record shall be kept of all interpretations and rulings made by the Director or by the
Hearing Examiner. Such decisions shall be used for future administration. The Director
and Hearing Examiner shall report decisions to the Land Use and Planning Board when it
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appears desirable and necessary to amend this Code. The Planning Director's determination
ma be a ealed as provided in Section 15.09.070.
SECTION 64. - Severability. If any one or more sections, 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 65. Savings Clause. Zoning Code provisions amended by this
ordinance shall remain in force and effect until the effective date of this ordinance.
SECTION 66. - Effective Date. This Ordinance shall take effect and be in
force five (5) days from the time of its final approval and passage as provided by law.
ATTEST:
BRENDA JACOBE , C Y CLERK
APPROVED AST RM:
RAER A. LUBOVICH, CITY
PASSED: day of , 1998.
APPROVED: day of , 1998.
PUBLISHED: - day of c .1998.
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I hereby certify that this is a true copy of Ordinance No. 3 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
P,1LAW 10RD1NAN0T itl e 15.d oc
C
L
(SEAL)
BRENDA JA OB R, CITY CLERK
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