HomeMy WebLinkAbout3333Ordinance No. 3333
(Amending or Repealing Ordinances)
CFN=131 — Zoning Codes
Passed 1/21/1997
Amending Ch 15; establishing administrative variance procedures; expand the
application of point use of parking facilities; implement new transit and rideshare
provisions; and increase the maximum allowable size of detached accessory
dwelling units that can be converted from existing accessory buildings
(add new Secs. 15.09.042;15.05.040) (Amend Sec. 15.08.350)
Repealed by Ord. 3409 (Sec. 15.05.040)
Amended by Ord. 3424;3600 (Sec. 15.09.042)
Amended by Ord. 3690 (Sec. 15.08.350)
Amended by Ord. 4011 (Sec. 15.05.040)
Amended by Ord. 4043 (Sec. 15.05.040)
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. 22 3.3
Cf� AN ORDINANCE of the City Council of the City of Kent,
Washington, amending Chapter 15 of the Kent City Code to
a` establish administrative variance procedures; expand the application
of joint use of parking facilities; implement new transit and
rideshare provisions; and increase the maximum allowable size of
detached accessory dwelling units that can be converted from
13 existing accessory buildings.
WHEREAS, during the past few years, the City has made a commitment to
streamline the permit process while at the same time still provide for a thorough and efficient
review of permit applications; and
WHEREAS, the strict applications of some development standards and regulations
may not always recognize unique site conditions, innovative designs, or provide the intended result
of those standards or regulations; and
WHEREAS, the City Council finds that the establishment of administrative
variances and procedures as well as the modification of certain other zoning code provisions would
assist the City in achieving a more efficient and effective application of development standards and
regulations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION]. There is hereby added a new section, Section 15.09.042, to Chapter
15 of the Kent City Code to read as follows:
Sec. 15.09.042 Administrative Variances
A. Scope. The Planning Director shall have the authority to grant an Administrative
Variance for up to twenty-five (25) percent of the numerical zoning code standard
for setbacks, lot coverage, and building height as provided in this title.
B. Application. The owner or his/her agent may make application for an
Administrative Variance, which shall be on a form prescribed by the Planning
Director and filed with the Planning Department. The Planning Director shall
review applications for completeness, and a notice of completeness will be issued
within ten (10) days of submittal. Those applications deemed incomplete shall be
returned to the applicant for further action.
C. Public Notice. Public notice of the application pending review shall be mailed to
the applicant and to property owners within three hundred (300) feet of the subject
property, and other agencies with jurisdiction, within ten (10) days of the date of
completeness. Comments from concerned parties will be accepted for an additional
ten (10) days. Following the end of the comment period, the Planning Director
shall have ten (10) days to approve, approve with conditions, or deny the
application.
D. Conditions for Granting an Administrative Variance. The Planning Director may
grant an Administrative Variance if it is shown that:
1. The Administrative Variance does not detract from the desired character
and nature of the vicinity in which it is proposed;
2. The Administrative Variance enhances or protects the character of the
neighborhood or vicinity by protecting natural features, historic sites, open
space, or other resources;
3. The Administrative Variance does not interfere with or negatively impact
the operations of existing land uses and all legally permitted uses within the
zoning district it occupies; and
4. Granting the Administrative Variance does not constitute a threat to the
public health, safety, and welfare within the city.
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E. Appeals. Appeals of the Planning Director's decision may be submitted within ten
(10) days of the date of the Director's decision by the applicant or any party of
record. The City of Kent Hearing Examiner shall hold a public hearing to consider
the appeal. The Planning Director may. under his own authority or at the request
of the applicant, refer any application l -or an Administrative Variance to the Hearing
Examiner for a public hearing.
F. Fee. The Fee for an Administrative Variance shall be $100.
SECTION2. Section 15.05.040 of the Kent City Code entitled "Parking Standards
For Specific Activities" is hereby amended by amending subsection (J) and by adding a new
subsection, subsection (N) as follows:
Sec. 15.05.040. Parking Standards For Specific Activities.
Standards for the number of parking spaces for specific activities are as follows:
A. Living activities.
1. Dwellings:
a. Single-family
Two (2) parking spaces per single-family dwelling.
b. Two-family
Two (2) parking spaces per dwelling unit.
C. Multifamily and apartment houses
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 fifty (50)
or more dwelling units, one (1) parking space for each fifteen (15 )
dwelling units for recreation vehicles. 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) 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.
d. Multiple dwellings for low-income elderly
One (1) parking space for each four (4) dwelling units.
C. Exceptions for senior citizen apartments in multifamily and
apartment houses in the central business district
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.
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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:
Availability of private, convenient, regular transportation
services to meet the needs of the tenants;
Accessibility to and frequency of public transportation;
Pedestrian access to health, medical and shopping facilities;
Minimum age requirement to reside in subject apartments;
Special support services offered by the facility.
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.
Compact stalls will not be permitted except for one-third of the
required employee parking.
f. 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 waive 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.
2. 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.
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3. Mobile homes
Two (2) parking spaces for each mobile home site, plus one (1) screened
space for each ten (10) lots for recreation vehicles.
4. "Travel trailers
One (1) parking space for each trailer site.
5. Hotels
One (1) parking space for each guest room, plus two (2) parking spaces for
each three (3) employees.
B. Commercial activities.
1. Banks
One (1) parking space for each two hundred (200) square feet of gross floor
area, except when part of a shopping center.
2. 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.
3. Shopping centers
Four and one-half (4.5) spaces per one thousand (1,000) square feet of gross
leasable 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.
4. Restaurants, nightclubs, taverns and lounges
One (1) parking space for each one hundred (100) square feet of gross floor
area, except when part of a shopping center.
5. Retail stores, supermarkets. department stores and personal service shops
One (1) parking space for each two hundred (200) square feet of gross floor
area, except when located in a shopping center.
6. Other retail establishments; furniture, appliance, hardware stores, household
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equipment service shops, clothing or shoe repair shops
One (1) parking space for each five hundred (500) square feet of gross floor
area, except when located in a shopping center.
7. 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.
8. Uncovered commercial area, new and used car lots, plant nursery
One (1) parking space for each five thousand (5,000) square feet of retail
sales area in addition to any parking requirements for buildings, except
when located in a shopping center.
9. Motor vehicle repair and services
One (1) parking space for each four hundred (400) square feet of gross floor
area, except when part of a shopping center.
10. Industrial showroom and display
One (1 1) parking space for each five hundred (500) square feet of display
area.
11. Bulk retail stores
One (1) parking space for each three hundred fifty (350) square feet of gross
floor area.
C. Industrial activities.
1. Manufacturing, research and testing laboratories, creameries, bottling
establishments, bakeries, canneries, printing and engraving shops
One (1) parking space for each one thousand (1,000) square feet of gross
floor area. For parking requirements for associated office areas, see
Professional and business offices.
2. Warehouses and storage buildings
One (1) parking space for each two thousand (2,000) square feet of gross
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floor area. Maximum office area of two (2) percent of gross floor area may
be included without additional parking requirements.
;. Speculative warehouse and industrial buildings with multiple use or tenant
potential
One (1) parking space for each one thousand (1,000) square feet of gross
floor area if building 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 for 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
will be based upon actual occupancy.
D. Recreation -amusement activities.
1. Auditoriums, theaters, places of public assembly, stadiums and outdoor
sports areas
One (1) parking space for each four (4) fixed seats, or one (1) parking space
for each one hundred (100) square feet of floor area of main auditorium or
of principal place of assembly not containing fixed seats, whichever is
greater.
2. Bowling alleys
Five (5) spaces for each alley, except when located in a shopping center.
3. 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.
4. Golf driving ranges
One (1) parking space for each driving station.
5. Miniature golf courses
One (1) parking space for each hole.
6. Recreational buildings, whether independent or associated with a
multifamily complex
:.
One (1) parking space for each two hundred (200) square feet of gross floor
area. Such spaces shall be located adjacent to the building and shall be
designated for visitors by signing or other special markings.
E. Educational activities.
1. Senior high schools, public, parochial and private
One (1) space for each employee plus one space for each ten (10) students
enrolled. In addition, if buses for the transportation of children 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 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 the traffic
engineer.
2. Colleges and universities and business and vocational schools
Two and one-half (2 1/2) parking spaces for each 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 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 the traffic
engineer.
3. Elementary and junior high
Two and one-half (2 1/2) parking spaces for each employee. In addition, if
buses for transportation of students are kept at the school, one (1) off-street
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parking space shall be provided for each bus, 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 the traffic
engineer.
4. Libraries and museums
One (1 1) parking space for each two hundred fifty (250) square feet in office
and public use.
5. Nursery schools and day care centers
ric (1) parking space for each employee., plus loading and unloading areas.
F. Medical acti►�ities.
1. Nledical and dental offices
Orae (Fparking space ►:or each two hundred (200) square feet of gross floor
area, except when located in a shopping center.
2. Convalescent, nursing and health institutions
One (1) parking space for each two (2) employees, plus one (1) parking
space for each three (3) beds.
;. Hospitals
Orie (1) parking space for each ;_hree (3) beds, plus one (1) parking space for
each staff doctor, plus onc, i 1) parking space for each three (3) employees.
G. Religious activities.
1. Churches
One (1) space for each live (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 of their auditoriums, one (1)
additional parking space shall be provided for each five (5) additional seats
provided by the new construction. For all existing churches making
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structural alterations or additions which do not increase the seating capacity
of the auditorium, no additional parking need be provided.
2. Mortuaries or funeral homes
One (1) parking space for each one hundred (100) square feet of floor area
of assembly rooms.
H. Other uses. For uses not specifically identified in this section, the 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 the applicant.
1. 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. 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 J. of this section pertaining to joint use.
4 .
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II
J. Joint Use The minimum amount of off-street parking required by Section
15 OS 040(Al ma be reduced by the Planning Director when shared parking
facilities for two or more uses are proposed if:
1. The total parking_area exceeds 5 000 square feet:
2. The harking facilities are designed and developed as,a sin )le on-site
common arkin facilit or as a s stem of on-site and off-site facilities if
all facilities are connected with improved pedestrian facilities and located
within five hundred (500) feet of the buildings or use areas they are
intended to serve;
3. The amount of reduction in off-street parking does not exceed ten (10)
percent per use unless it is documented that the peak parking demand hours
of two or more uses are separated by at least one hour•
4. The subject properties are legally encumbered by an easement or other
appropriate means which provides for continuous joint use of the parking
facilities Documentation shall require review and approval by the City
Attornev: and
5. The total number A parking spaces in the shared parking facility is not less
than the minimum required by any single use.
K. Employee parking. Where employee parking will be maintained separately and in
addition to parking for the general public, the regulations of this subsection shall
apply:
1. Minimum parking stall sizes, aisle widths and percentage of compact car
stalls shall be as per other requirements in this chapter.
2. Employee parking must be clearly identified as such and not become
parking for the general public
3. If the employee parking is changed to parking for the general public, the
normal regulations for off-street parking shall be in force.
4. Employee parking shall not be in lieu of parking requirements per activity
as stated in this section.
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L. Temporary parking facilities. Temporary parking facilities may be permitted by
the planning director when it has been shown that:
1. The existing use of the subject property has adequate legal nonconforming
parking or that existing parking conforms to the applicable standards of this
title.
2. The temporary parking facility is primarily intended to serve the public at
large and not the existing use on the property.
3. The temporary parking facility serves a public need.
4. The temporary facility meets the following minimum standards:
a. There shall be a minimum of two hundred eighty-five (285) square
feet gross area per stall.
b. The pavement section shall be a minimum of four (4) inches of five-
eighths -inch minus C.R. crushed rock with bituminous surface
treatment, subject to engineering department review.
C. Onsite drainage control and detention shall be provided per the
drainage ordinance.
d. Ingress and egress and interior circulation and perimeter control
shall be subject to traffic engineer approval.
M. Compact car parking.
1. Parking stall size shall be a minimum of eight (8) feet by seventeen (17)
feet. Aisle width shall be per the requirements of section 15.05.080 and
diagram no. 1 following this chapter.
2. Compact car parking spaces shall be clearly identified by signing or other
marking as approved by the city engineer.
3. Compact car parking spaces shall not exceed thirty (30) percent of the total
required parking, and shall be interspersed equally throughout the entire
parking area.
4. See section 15.05.080 and diagram no. 2 following this chapter for typical
compact car stall arrangements.
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5. No more than four (4) compact car parking stalls shall be placed side-by-
side, or eight (8) head-to-head.
N. Transit and Rideshare Provisions.
1. The Planning Director may reduce the minimum number of off-street
parking stalls for businesses which have a Commute Trip Reduction
.program tiled with the Citv. Based upon a review of this program and input
from other staff members a reduction of up to twenty (20) percent of the
minimum standard may be approved Any reduction in the amount of
required parkin is only valid for as long as the approved CTR program is
in effect An invalidated program or a change in use or operations would
result in the U12lication of the underlying standards per Section
15 05 040(A) of the zoningcode.
2. The Planning Director may reduce the number of required off-street parking
stalls for businesses which do not have a Commute Trip Reduction program
by one 1) stall for every two (2) carpool stalls and/or one (1) stall for
every one 1) van pool staff if:
Lal Reserved rideshare parking is located convenient to the prim
employee entrance;
Reserved areas are clearly marked by signs for use by approved and
qualified rideshare vehicles.
U The use of reserved areas for rideshare parking is actively enforced
by the employer: and
1M The total reduction in the number of parking stalls does not exceed
ten 10) percent of the required stalls.
SECTION 3. Section 15.08.350 of the Kent City Code entitled "Accessory
Dwelling Unit Regulations" is hereby amended by amending subsection (B)7 to read as follows:
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Sec. 15.08.350. Accessory Dwelling Unit Regulations.
A. Intent. The city provides these accessory dwelling unit regulations for the following
purposes:
1. To increase the supply of affordable rental units through better use of the
existing housing stock, much of which is under-utilized because the baby
boom has been followed by an empty nester boom, because there are fewer
children per family, because there are more single parent households, and
because there are more one- and two -person elderly households.
2. To make home ownership more affordable because it will be easier to buy
both new and existing homes with the help of an accessory apartment.
;. To make it more comfortable for older people to retain their homes because
an accessory apartment can provide them with added income, security,
companionship, and the opportunity to trade rent reductions for needed
services.
4. To make it easier for single parents to meet mortgage payments and hold
onto their homes in the wake of a divorce and, as a result, keep their
children in the same neighborhood.
5. To increase the opportunity for disabled persons to live independently
because accessory units can provide them with both privacy and the
proximity to needed support.
6. To reduce the isolation of households that is a result of increased affluence
in housing, and/or longer life spans and periods of frailty, and/or suburban
land use patterns that isolate people who cannot drive.
7. To make better use of existing public investment in streets, transit, water,
sewer, and other utilities.
B. Standards and criteria.
1. One (1) ADU per dwelling unit is allowed out -right within all Rl,
single-family residential zones, and single-family dwellings within the city.
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2. An ADU may be established in a new or existing single-family dwelling by
creating the unit within or in addition to the dwelling, or as a detached unit
from the principal dwelling.
3. The ADU, as well as the main dwelling unit, must meet all applicable
setbacks, lot coverage, and building height requirements.
4. The design and size of an ADU 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 in carrying
out the provisions of this section, the building official may grant
modifications for individual cases pursuant to section 106 of the Uniform
Building Code and as subsequently amended or recodified.
5. One (1) of the dwelling units shall be owner occupied as the owner(s)
principal residence for at least six (6) months a year. No permit for an ADU
will be issued until the owner files a covenant evidencing this use limitation
against the property; this covenant must also be recorded in the records of
the King County Auditor. This covenant shall be in a form acceptable to the
city attorney.
6. If both the ADU or the principal unit ceases to be owner occupied for more
than six (6) months, the ADU permit shall be deemed revoked and use of
the unit as an ADU must cease immediately.
7. The size of an ADU contained within or attached to an existing
single-family structure shall be limited by the existing structure's applicable
zoning requirements. An ADU incorporated in the construction of a new
single-family house shall be limited to forty (40) percent of the principal
unit. The size of a detached ADU, for either new construction or an existing
home, shall be up to eight hundred (800) square feet or thirty- three (33)
percent of the size of the principal unit, whichever is smaller. A legal guest
cottage, as defined by Kent Zoning Code section 15.02.174, existing prior
to November 21, 1995, the a4optie of this seeti shall not be denied an
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accessory housing permit solely because it is larger than the maximum size
stated in this criteria. Any egally constructed accessory building. existing
prior to November 21 1995 may be converted to an accessory dwelling
unit provided the structure does not exceed fifty (50) percent of the size of
the principal unit.
8. The owner or developer shall take every effort to avoid additional entrances
or other visible changes on the street facade of the house which indicates
the presence of an ADU.
9. A permit application must be completed and approved for all ADUs. The
planning department shall determine the application requirements for an
ADU permit.
10. ADUs existing prior to the adoption of the accessory housing ordinance
may be found to be legal on the condition that the property owner applies
for an ADU permit and complies with all required standards and provisions.
Such property owners have a one-year period from the date the accessory
housing ordinance is adopted in which to apply for an ADU permit, after
which time such property owners can be subject to fines and penalties
established in this title.
11. Adjacent neighbors of an ADU applicant shall be notified of the ADU
zoning permit application. This notification is informational only. The
decision by the planning department to grant an ADU zoning permit is
nonappealable by the neighbors of the permit holder.
SECTION 4. - 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.
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SECTION S. - Effective Date. This Ordinance shall take effect and be in force
thirty (30) days from the time of its final approval and passage as provided by law.
ATTEST:
BRENDA JACOB , CI Y CLERK
APPROVED AS TO FORM:
RO(YER A. LUBOVICH, Cl
PASSED: --) / day
APPROVED: a day
PUBLISHED: ,:)I �L day c
1997.
1997.
1997.
I hereby certify that this is a true copy of Ordinance No. -333 -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.
1' VLAWVOKDI�iAn'CU'ARK;r!G3. ORD
SEAL)
BRENDA JACO E , CITY CLERK
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