HomeMy WebLinkAbout3251Ordinance No. 3251
(Amending or Repealing Ordinances)
CFN=131 — Zoning Codes
Passed 11/21/1995
Amending Ch. 15.02 of the Zoning Code to include definition of "Accessory Dwelling
Units" amending Ch 15.04 & adding a new Sec. 15.08.350
(new Secs. 15.02.004,15.04.005)(a mending 15.04.010;15.04.020;
15.04.030;15.04.040;15.04.060;15.04.115;15.04.140;15.04.150;
15.04.040;15.08.350)
Amended by Ord. 3409 (Sec. 15.02.004)
Repealed by Ord. 3409 (Secs. 15.04.005,15.04.010,15.04.020,
15.04.030,15.04.040,15.04.060,15.04.115,15.04.140,15.04.150;15.05.040)
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"] 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.
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Chapter 15.02 of the zoning code
to include a definition of "Accessory Dwelling Units", amending
Chapter 15.04 to allow accessory dwelling units in single family
dwellings and amending Chapter 15.05 to establish parking
requirements for accessory dwelling units and adding a new
Section 15.08.350 to establish regulations for accessory dwelling
units.
WHEREAS, the Washington Housing Policy Act (Senate Bill 5584) requires all
cities of more than 20,000 people to allow accessory housing in single family zones; and
WHEREAS, the 1989 Report of the Mayor's Advisory Committee on Single
Family Neighborhoods and the Growth Management Countywide Planning Policies adopted in
June of 1992 mandated the City to remove regulatory barriers to accessory units; and
WHEREAS, pursuant to the Growth Management Act, the City of Kent
included a Housing Element in its Comprehensive Plan which was adopted on April 18, 1995;
and
WHEREAS, the Comprehensive Housing Element also requires that the City
implement an accessory housing ordinance; and
WHEREAS, Policy H-2.1 of the Housing Element states that Kent will promote
a wide range of housing to meet the needs of our diverse population and ensure that such
housing is available throughout the community for people of all income levels and special
needs; and
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WHEREAS, pursuant to RCW 36.70A.120, the GMA requires that jurisdictions
enact development regulations which are consistent with and implement the Comprehensive
Plan); and
WHEREAS, accessory housing will increase the supply of affordable rental
units through better use of the existing housing stock; and
WHEREAS, accessory housing will make home ownership more affordable
because it will be easier to buy both new and existing homes with the help of an accessory
apartment; and
WHEREAS, accessory housing will 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; and
WHEREAS, accessory housing will 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; and
WHEREAS, accessory housing will increase the opportunity for disabled
persons to live independently because accessory units can provide them with both privacy and
the proximity to needed support; NOW, THEREFORE,
Section 1. Chapter 15.02. is hereby amended by adding a new Section
15.02.004 as follows:
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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
Section 2. Section 15.04.005 is hereby amended by adding a new subsection
15.04.005(C)(f) as follows:
Sec. 15.04.005. Agricultural district, A-1.
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 farming activity as a viable sector of the local
economy.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Agricultural uses, including any customary agricultural building or
structure, such as planting, cultivation and harvesting of crops, animal husbandry, nurseries
and greenhouses and other agricultural occupations.
2. One (1) single-family dwelling per lot.
3. Group homes class I -A.
B. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Churches.
2. Nursery schools and day care centers.
11
C. Accessory uses. Permitted accessory uses are as follows:
1. Guest cottages not rented or otherwise conducted as a business.
2. Accommodations for farm operators and employees, but not
accommodations for transient labor.
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 the sale of
agricultural products on the premises.
4. Customary incidental home occupations subject to the provisions
of section 15.08.040.
5. Other accessory uses and buildings customarily appurtenant to a
permitted use.
6. 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.
7. Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows:
1. General conditional uses as listed in section 15.08.030.
2. 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
i
combination thereof at any one (1) time on the site, subject to the provisions of section
j 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not
permitted in this district.
E. Development standards.
1. Minimum lot. Minimum lot area is one (1) acre.
2. Minimum lot width. Minimum lot width is one hundred (100)
feet.
3. Maximum site coverage. Maximum site coverage is thirty (30)
percent.
4. Minimum yard requirements.
i
a. Front yard. Minimum front yard is twenty (20) feet.
b. Side yard. Minimum side yard is fifteen (15) feet.
C. Rear yard. Minimum rear yard is twenty (20) feet.
d. Side yard on flanking street of corner lot. Minimum side
and on the flanking street of a corner lot is twenty (20) feet.
IY g Y
5. Height limitation. The height limitation is two and one-half (2
1/2) stories, not exceeding thirty-five (35) feet. The height limitations shall not apply to barns
and silos provided that they are not located within fifty (50) feet of any lot line.
6. Additional standards.
a. Structures for feeding, housing and care of animals,
except household pets, shall be set back fifty (50) feet from any property line.
b. See chapter 15.08, pertaining to general and
supplementary provisions, for requirements concerning accessory buildings and additional
standards.
C. The following uses are prohibited:
(1) The removal of topsoil for any purpose.
(2) Grade and fill operations, provided that limited
I grade and fill may be approved as needed to construct buildings or structures as outlined in
i
j subsections 15.04.005 A., B., C. and D.
5
(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 of trash, rubbish or noxious materials.
(5) Activities that violate sound agricultural soil and
water conservation management practices.
shall apply.
F. Signs. The sign regulations of chapter 15.06 shall apply.
G. Offstreet parking. The offstreet parking requirements of chapter 15.05
Section . Section 15.04.010 is hereby amended by adding a new subsection
15.04.010(C)(6) as follows:
Sec. 15.04.010. Residential agricultural district, RA.
The city has, through its RA and MA zones, the key to assuring efficient and
attractive growth. It is essential that the city avoid excessive zoning far in advance of demand.
Rezoning of RA and MA lands to more intensive use shall be predicated upon the
documentation of the need for additional residential, commercial or industrial land in the city.
This documentation shall consist of a fiscal impact analysis showing that the other lands
already zoned and accessible to municipal services are not sufficient or suitable to
accommodate demand for the proposed uses and that the market demand for the proposed
development is sufficient to generate the revenues necessary to provide municipal services,
including but not limited to police, fire, streets, water, drainage and sewer, required by the
project.
0
A. Principally permitted uses. Principally permitted uses are as follows:
1. Agricultural uses, including any customary agricultural building
or structure, such as planting, cultivation and harvesting of crops, animal husbandry, nurseries
and greenhouses and other agricultural occupations.
2. One (1) single-family dwelling per lot.
3. Group homes class I -A.
B. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Churches.
2. Nursery schools and day care centers.
C. Accessory uses. Permitted accessory uses are as follows:
1. Guest cottages not rented or otherwise conducted as a business.
2. Accommodations for farm operators and employees, but not
accommodations for transient labor.
3. Roadside stand not exceeding four hundred (400) square feet in
floor area, and not over twenty (20) lineal feet on any side, primarily for the sale of
agricultural products grown on the premises.
4. Customary incidental home occupations subject to the provisions
of section 15.08.040.
5. 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.
6. Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows: general conditional
uses as listed in section 15.08.030.
i
I
feet.
i percent.
E. Development standards.
1. Minimum lot. Minimum lot area is one (1) acre.
2. Minimum lot width. Minimum lot width is one hundred (100)
3. Maximum site coverage. Maximum site coverage is thirty (30)
4. Minimum yard requirements.
a. Front yard. Minimum front yard is twenty (20) feet.
b. Side yard. Minimum side yard is fifteen (15) feet.
C. Rear yard. Minimum rear yard is twenty (20) feet.
d. Side yard on flanking street of corner lot. Minimum side
yard on the flanking street of a corner lot is twenty (20) feet.
5. Height limitation. The height limitation is two and one-half (2
1/2) stories, not exceeding thirty-five (35) feet.
6. Additional standards.
a. Structures for feeding, housing and care of animals,
except household pets, shall be set back fifty (50) feet from any property line.
b. See chapter 15.08, pertaining to general and
supplementary provisions, for requirements concerning accessory buildings and additional
standards.
F. Signs. The sign regulations of chapter 15.06 shall apply.
G. Offstreet parking. The offstreet parking requirements of chapter 15.05
shall apply.
H. Development plan review. Development plan review is required when
the property to be developed is classified as view property.
0
Section 4. Section 15.04.020 is hereby amended by adding a new subsection
15.04.020(F)(4) as follows:
Sec. 15.04.020. Single-family residential districts.
It is the purpose of the single-family residential districts to stabilize and
preserve low density, single-family residential neighborhoods. It is further the purpose to
provide a range of minimum lot sizes in order to promote diversity and recognize a variety of
residential environments.
A. Districts established by lot area. The following single-family residential
districts are established:
1. R1-20: Twenty thousand (20,000) square feet minimum lot area.
2. R1-12: Twelve thousand (12,000) square feet minimum lot area.
3. R1-9.6: Nine thousand six hundred (9,600) square feet minimum
lot area.
4. R1-7.2: Seven thousand two hundred (7,200) square feet
minimum lot area.
5. R1-5.0: Five thousand (5,000) square feet minimum lot area.
B. Minimum zoning area. Minimum zoning area for the R1-5.0 district is
fifteen thousand (15,000) square feet (three (3) lots).
C. Maximum zoning area. Maximum zoning area for the R1-5.0 district is
eight (8) acres.
D. Principally permitted uses. Principally permitted uses are as follows:
1. One (1) single-family dwelling per lot.
2. Crop and tree farming.
3. Group homes class I -A.
6*1
E. Special permit uses. The following uses are permitted provided they
conform to the development standards listed in section 15.08.020:
1. Churches.
2. Nursery schools and day care centers.
F. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as garages, carports and minor structures for storage of personal property.
2. Rooming and boarding of not more than three (3) persons.
3. Customary incidental home occupations subject to the provisions
of section 15.08.040.
4. Accessory dwelling units.
G. Conditional uses. Conditional uses are as follows: General conditional
uses as listed in section 15.08.030.
H. Development standards.
1. Minimum lot. Minimum lot area is as follows:
a. R1-20: Twenty thousand (20,000) square feet.
b. R1-12: Twelve thousand (12,000) square feet.
C. R1-9.6: Nine thousand six hundred (9,600) square feet.
d. R1-7.2: Seven thousand two hundred (7,200) square feet.
e. R1-5.0: Five thousand (5,000) square feet.
2. Minimum lot width. Minimum lot width is as follows:
a. R1-20: Seventy (70) feet.
b. R1-12: Seventy (70) feet.
C. R1-9.6: Seventy (70) feet.
d. R1-7.2: Seventy (70) feet.
e. R1-5.0: Fifty (50) feet.
10
3. Maximum site coverage. Maximum site coverage is as follows:
a. R1-20: Thirty (30) percent.
b. R1-12: Thirty (30) percent.
C. R1-9.6: Thirty (30) percent.
d. R1-7.2: Thirty (30) percent.
e. R1-5.0: Forty (40) percent.
4. Minimum yard requirements.
a. Front yard. Minimum front yard is twenty (20) feet.
b. Side yard. Minimum side yard is five (5) feet.
C. Rear yard. Minimum rear yard is eight (8) feet.
d. Side yard on flanking street of corner lot. Minimum side
yard on the flanking street of a corner lot is fifteen (15) feet.
5. Height limitation. Height limitations are as follows:
a. R1-20: Two and one-half (2 1/2) stories, not exceeding
thirty-five (35) feet.
ii
b. R1-12: Two and one-half (2 1/2) stories, not exceeding
thirty-five (35) feet.
C. R1-9.6: Two and one-half (2 1/2) stories, not exceeding
thirty-five (35) feet.
d. R1-7.2: Two and one-half (2 1/2) stories, not exceeding
thirty-five (35) feet.
I
e. R1-5.0: Two and one-half (2 1/2) stories, not exceeding
thirty (30) feet.
6. Interior yards. Interior yards shall not be computed as part of the
site coverage.
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7. Additional standards. 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 R1-5.0 zone.
I. Signs. The sign regulations of chapter 15.06 shall apply.
J. Offstreet parking. The offstreet parking regulations of chapter 15.05
shall apply.
K. Development plan review. Development plan review is required when
the property to be developed is classified as view property.
Section . Section 15.04.030 is hereby amended by adding a new subsection
15.04.030(C)(4) as follows:
Sec. 15.04.030. Duplex multifamily residential district, MR -D.
It is the purpose of the MR -D district to provide for a limited increase in
population density and allow for a greater variety of housing types by allowing duplex
dwelling units.
A. Principally permitted uses. Principally permitted uses are as follows:
1. One (1) single-family dwelling per lot.
2. One (1) duplex per lot.
3. Group homes class I -A and I -B.
4. Crop and tree farming.
B. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Churches.
2. Nursery schools and day care centers.
12
C. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as garages, carports and minor structures for storage of personal property.
2. Rooming and boarding of not more than three (3) persons.
3. Customary incidental home occupations subject to the provisions
of section 15.08.040.
4. Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows:
I
1. General conditional uses listed in section 15.08.030.
2. Group homes class I -C, II -A, II -B and II -C.
E. Development standards.
1. Minimum lot. Minimum lot area is as follows:
a. Single-family dwellings: Seven thousand two hundred
(7,200) square feet.
b. Duplex (two-family dwelling unit): Eight thousand five
hundred (8,500) square feet.
2. Minimum lot width. Minimum lot width is as follows:
a.
Single-family dwelling: Seventy (70) feet.
b.
Duplex: Eighty (80) feet.
3. Maximum site coverage. Maximum site coverage is as follows:
a.
Single-family dwelling: Thirty (30) percent.
b.
Duplex: Forty (40) percent.
4. Minimum yard requirements.
a.
Front yard. Minimum front yard is twenty (20) feet.
b.
Side yard. Minimum side yard is five (5) feet.
C.
Rear yard. Minimum rear yard is eight (8) feet.
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d. Side yard on flanking street of corner lot. Minimum side
yard on the flanking street of a corner lot is fifteen (15) feet.
5. Height limitation. The height limitation is two and one-half (2
1/2) stories, not exceeding thirty-five (35) feet.
i6. Interior yards. Interior yards shall not be computed as part of the
site coverage.
{ i 7. Additional standards. See chapter 15.08, pertaining to general
and supplementary provisions, for requirements concerning accessory buildings and additional
istandards.
F. Signs. The sign regulations of chapter 15.06 shall apply.
j G. Offstreet parking. The offstreet parking requirements of chapter 15.05
shall apply.
H. Development plan review. Development plan review is required when
the property to be developed is classified as view property.
Section 6. Section 15.04.040 is hereby amended by adding a new subsection
15.04.040(C)(5) as follows:
Sec. 15.04.040. Garden density multifamily residential district, MR -G.
It is the purpose of the MR -G district to provide locations for garden apartment
densities suitable for suburban living.
A. Principally permitted uses. Principally permitted uses are as follows: g
1. Single-family dwellings and two-family dwellings or duplexes.
2. Multiple -family dwellings, including apartments and townhouses.
3. Group homes class I -A and I -B.
4. Crop or tree farming.
14
B. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Churches.
2. Nursery school and day care centers.
C. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as garages, carports and minor structures for storage of personal property.
2. Rooming and boarding of not more than three (3) persons.
3. Customary incidental home occupations subject to the provisions
of section 15.08.040.
4. Offices incidental and necessary to the conduct of a principally
permitted use.
5. Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows:
1. General conditional uses as listed in section 15.08.030.
2. Group homes class I -C, II -A, II -B and II -C.
E. Development standards.
1. Single-family dwellings and duplexes. For single-family dwellings
and duplexes, the development standards of section 15.04.020 and section 15.04.030 shall
apply.
2. Multifamily dwelling units. The following shall apply to
multifamily dwelling units:
a. Minimum lot. 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.
b. Minimum lot width. Minimum lot width is eighty (80)
15
feet.
C. Density. Maximum density is sixteen (16) dwelling units
per acre.
d. Maximum site coverage. Maximum site coverage is forty-
five (45) percent.
e. Minimum yard requirements.
(1) Front yard. Minimum front yard is twenty (20)
feet.
(2) Side yard. 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.
(3) Rear yard. Minimum rear yard is twenty (20) feet.
(4) Side yard on flanking street of corner lot.
Minimum side yard on the flanking street of a corner lot is fifteen (15) feet.
f. Distances between buildings.
i�
(1) An inner court providing access to a double -row
building shall be a minimum of twenty (20) feet.
j (2) The distance between principal buildings shall be
jat least one-half the sum of the 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.
g. Landscaping. The landscaping requirements of chapter
15.07 shall apply.
h. Height limitation. The height limitation is three (3)
stories, not exceeding forty (40) feet.
i
i. Additional standards. See chapter 15.08, pertaining to
16
general and supplementary provisions, for requirements concerning accessory buildings and
additional standards.
j. Multifamily transition areas. 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.
k. Multifamily design review. The requirements of section
15.09.047 shall apply to any multifamily dwelling of three (3) or more units.
F. Signs. The sign regulations of chapter 15.06 shall apply.
G. Offstreet parking.
1. The offstreet parking requirements of chapter 15.05 shall apply.
2. Offstreet parking may be located in required yards except for the
front ten (10) feet abutting any public right-of-way, which must be landscaped. No offstreet
parking is permitted in the required open green area.
H. Development plan review. Development plan review is required as
provided in section 15.09.010.
Section 7. Section 15.04.060 is hereby amended by adding a new subsection
15.04.060(0)(5) as follows:
Sec. 15.04.060. High density multifamily residential district, MR -H.
It is the purpose of the MR -H district to provide for locations for high density
residential districts suitable for urban living.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Single-family dwellings and two-family dwellings or duplexes.
2. Multiple -family dwellings.
17
3. Group homes class I -A, I -B and I -C.
4. Crop and tree farming.
B. Special permit uses. The following uses are permitted provided that they
jconform to the development standards listed in section 15.08.020. (No uses presently listed.)
C. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as garages, carports or minor structures for storage of personal property.
2. Rooming and boarding of not more than three (3) persons.
3. Customary incidental home occupations subject to the provisions
of section 15.08.040.
use.
4. Offices incidental and necessary to the conduct of a permitted
5 Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows:
1. General conditional uses as listed in section 15.08.030.
2. Group homes class II -A, II -B and II -C.
E. Development standards.
1. Single-family dwellings and duplexes. For single-family
dwellings and duplexes, the development standards of section 15.04.020 and section 15.04.030
shall apply.
2. Multifamily dwelling units. The following shall apply to
multifamily dwelling units:
a. Minimum lot. 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.
b. Minimum lot width. Minimum lot width is eighty (80)
W
feet.
C. Density. Maximum density is forty (40) dwelling units
per acre.
d. Maximum site coverage. Maximum site coverage is fifty
(50) percent.
e. Minimum yard requirements.
(1) Front yard. Minimum front yard is twenty (20)
feet.
(2) Side yard. 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.
(3) Rear yard. Minimum rear yard is twenty (20)
feet.
(4) Side yard on flanking street of corner lot.
Minimum side yard on the flanking street of a corner lot is fifteen (15) feet.
f. Distances between buildings.
(1) An inner court providing access to a double -row
building shall be a minimum of twenty (20) feet.
(2) The distance between principal buildings shall be
at least one-half the sum of the 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.
g. Landscaping. The landscaping requirements of chapter
15.07 shall apply.
h. Height limitation. The height limitation is four (4)
stories, not exceeding fifty (50) feet.
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i. Additional standards. See chapter 15.08, pertaining to
general and supplementary provisions, for requirements concerning accessory buildings and
additional standards.
j . Multifamily transition areas. 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 of within one
hundred (100) feet of a public street right-of-way.
k. Multifamily design review. The requirements of section
15.09.047 shall apply to any multifamily dwelling of three (3) or more units.
F. Signs. The sign regulations of chapter 15.06 shall apply.
G. Offstreet parking.
1. The offstreet parking requirements of chapter 15.05 shall apply.
2. Offstreet parking may be located in required yards, except for the
front ten (10) feet abutting any public right-of-way, which must be landscaped. No offstreet
parking is permitted in the required open green area.
H. Development plan review. Development plan review is required as
provided in section 15.09.010.
Section 8. Section 15.04.115 is hereby amended by adding a new section
15.04.115(C)(3) as follows:
Sec. 15.04.115. Downtown commercial enterprise, DCE.
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 downtown, and to implement the goals and policies of the downtown plan.
20
A. Principally permitted uses. Principally permitted uses are as follows:
1. Retail establishments, including convenience goods, department
and variety stores, and specialty shops such as apparel and accessories, gift shops, toy shops,
cards and paper goods, home and home accessory shops, antique shops, and book shops.
2. Personal services, such as barber and beauty shops, launderettes,
and household repair shops.
3. Food -related shops, restaurants (including outdoor eating areas
and excluding drive-through restaurants), taverns.
4. Professional and administrative offices, including medical/dental,
legal, real estate, and financial services.
5. Business and technical schools, and schools and studios for
photography, art, music, and dance.
6. Business service establishments, such as blueprinting,
photocopying, and consulting services.
7. Multifamily residential uses, including housing for senior
citizens.
8. Banks and financial institutions.
9. Hotels and motels.
10. Drive-through businesses, excluding drive-through restaurants.
11. Performing and cultural arts facilities, including movie theaters.
12. Public facilities and uses, including regional and community
facilities, such as libraries, government office buildings, and parks.
13. Existing dwellings may be rebuilt, repaired and otherwise
changed for human occupancy. Accessory uses for existing dwellings may be constructed,
such as garages, carports, storage sheds, and fences.
14. Preschools and daycare centers.
21
15 . Group homes class 1-A, 1-B and 1-C.
16. Other uses designated by the planning director as consistent with
the purpose of the DCE zoning district.
B. Special permit uses. Special permit use is as follows:
I
i 1. Churches.
C. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as incidental storage facilities, which must be enclosed, loading and
unloading areas.
2. For permitted uses, hazardous substance land uses, including
onsite hazardous waste treatment and/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 time
on site, subject to the provisions of section 15.08.050, except offsite hazardous waste
treatment and/or storage facilities which are not permitted in this district.
3. Day care facilities operated in conjunction with a permitted use.
4. Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows:
1. Commercial parking lots and structures.
2. Railway and bus depots, taxi stands.
3. Drive-through restaurants, only if located in a building having at
least two (2) stories.
4. Group homes class 2-A, 2-B, 2-C and 3.
5. General conditional uses as listed in section 15.08.030.
E. Development standards. The development standards are as follows:
1. Minimum lot. Five thousand (5,000) square feet.
22
2. Maximum site coverage. One hundred (100) percent.
3. Setbacks. No minimum setback is required. When a rear and/or
side yard abuts a residential district, then 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. Height limitation. No maximum height limit. See the downtown
design review criteria outlined in section 15.09.048.
shall apply.
shall apply.
5. Landscaping. The landscaping requirements of chapter 15.07
F. Signs. The sign requirements of chapter 15.06 shall apply.
G. Off-street parking. The off-street parking requirements of chapter 15.05
H. Development plan review. Development plan approval is required, as
provided in section 15.09.010.
I. Downtown design review. The downtown design review requirements of
section 15.09.048 shall apply.
Section 9. Section 15.04.140 is hereby amended by adding a new subsection
15.04.140(C)(3) as follows:
Sec. 15.04.140. General commercial district, GC.
The purpose and intent of the general commercial district is to recognize the
existence of commercial areas developed in strips along certain major thoroughfares; to
provide use incentives and development standards which will encourage the redevelopment and
upgrading of 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
23
the reduction of the visual blight of uncontrolled advertising signs, traffic control devices and
utility equipment.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Trade.
manufacturing.
a. Wholesale. Bakery.
b. Retail --General
merchandise.
(1)
Department stores.
(2)
Dry goods and general merchandise.
(3)
Electrical supplies.
(4)
Farm equipment.
(5)
Hardware.
(6)
Heating and plumbing equipment.
(7)
Lumberyards.
(8)
Mail order houses.
(9)
Merchandise vending machine operators.
(10)
Paint, glass and wallpaper.
(11)
Variety stores.
C. Retail --Food.
(1)
Bakeries, with accessory manufacturing.
(2)
Candy, nut and confectionery, with accessory
(3) Dairy products.
(4) Fruits and vegetables.
(5) Groceries.
(6) Meat, fish and poultry.
d. Retail --Automotive, marine craft, aircraft and accessories.
24
(1) Aircraft and accessories.
(2) Marine craft and accessories.
(3) Motor vehicles (new or used cars and recreation
vehicles).
(4) Tires, batteries and accessories.
e. Retail --Apparel and accessories. New or used apparel and
accessories.
f. Retail --Furniture, home furnishings and equipment. New
or used and finished or unfinished furniture, home furnishings and equipment.
g. Retail --Eating and drinking establishments.
(1) Drinking establishments (taverns and cocktail
lounges) .
in or drive-through facilities.
(2) Eating establishments (restaurants) without drive-
h. Retail --Other.
(1)
Antiques.
(2)
Bicycles.
(3)
Books.
(4)
Bottled gas.
(5)
Cameras and photographic supplies.
(6)
Cigars and cigarettes.
(7)
Computers and software.
(8)
Drug and proprietary items.
(9)
Florists.
(10)
Fuel and ice dealers.
25
services.
(11)
Fuel oil.
(12)
Gifts, novelties and souvenirs.
(13)
Hay, grains and feeds.
(14)
Jewelry.
(15)
Liquor.
(16)
Newspapers and magazines.
(17)
Optical goods.
(18)
Pets and pet supplies.
(19)
Secondhand merchandise.
(20)
Sporting goods.
(21)
Stationery.
(22)
Videocassette sales and rentals.
2. Services.
a. Finance, insurance and real estate services.
(1)
Banking and related services.
(2)
Commodity brokers, dealers and related services.
(3)
Housing and investment services.
(4)
Insurance brokers, agents and related services.
(5)
Insurance carriers.
(6)
Real estate agents, brokers and related services.
(7)
Real estate operators, lessors and management
(8) Real estate subdividing and developing services.
(9) Security brokers and dealers and related services.
(10) Title abstracting and insurance services.
b. Personal services.
services.
C.
adjustment and collection services.
(1) Beauty and barber services.
(2) Diaper services.
(3) Funeral and crematory services.
(4) Laundering and dry cleaning (self-service).
(5) Laundering, dry cleaning and dyeing services.
(6) Linen supply and industrial laundry services.
(7) Photographic services.
(8) Pressing, alteration and garment repair.
(9) Rug cleaning and repair services.
(10) Shoe repair, shoe shining and hat cleaning
Business services.
(1) Advertising services.
(2) Automobile and truck rental.
(3) Blueprinting and photocopying services.
(4) Business and management consulting services.
(5) Consumer and mercantile credit reporting services;
(6) Detective and protective services.
(7) Disinfecting and exterminating services.
(8) Employment services.
(9) Equipment rental and leasing services.
(10) Food lockers without food preparation facilities.
(11) Motion picture distribution and services.
(12) News syndicate services.
(13) Other dwelling and business services.
27
mailing services.
(14) Outdoor advertising services.
(15) Photofinishing services.
(16) Research, development and testing services.
(17) Stenographic services and other duplicating and
(18)
Trading stamp services.
(19)
Window cleaning services.
d. Repair services.
(1)
Armature rewinding services.
(2)
Automobile repair services.
(3)
Automobile wash services.
(4)
Electrical repair services.
(5)
Fleet vehicle maintenance.
(6)
Radio and television repair services.
(7)
Reupholstery and furniture repair services.
(8)
Small engine repair.
(9)
Truck repair.
(10)
Watch, clock and jewelry repair services.
e. Professional services.
(1)
Accounting, auditing and bookkeeping services.
(2)
Educational and scientific research services.
(3)
Engineering and architectural services.
(4)
Hospital services.
(5)
Legal services.
(6)
Medical and dental laboratory services.
(7)
Medical and dental services.
►�:1
services.
(8)
Medical clinic, outpatient services.
(9)
Sanitarium, convalescent and rest home services.
(10)
Urban planning services.
f. Contract construction services.
(1)
Building construction, general contractor services.
(2)
Carpentering and wood flooring.
(3)
Concrete services.
(4)
Electrical services.
(5)
Masonry, stonework, tile setting and plastering
(6)
Painting, paperhanging and decorating services.
(7)
Plumbing, heating and air conditioning services.
(8)
Roofing and sheetmetal services.
(9)
Water well drilling services.
g. Educational services.
(1)
Art and music schools.
(2)
Barber and beauty schools.
(3)
Business and stenographic schools.
(4)
Correspondence schools.
(5)
Dancing schools.
(6)
Driving schools, auto.
(7)
Driving schools, truck.
(8)
Vocational or trade schools.
h. Miscellaneous services.
(1)
Animal grooming parlors.
(2)
Business associations and organizations.
29
(3) Civic, social and fraternal associations.
(4) Labor unions and similar labor organizations.
i
(5) Veterinary clinics and animal hospital services
i
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.
I
Soundproofing must be designed by competent acoustical engineers.
(6) Welfare and charitable services.
3. Residential.
a. Lodgings:
(1) Hotels.
(2) Motels.
b. 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.
C. Transitional housing facilities, limited to a maximum of
twenty (20) residents at any one (1) time and four (4) resident staff.
4. Cultural, entertainment and recreational.
a. Cultural activities and nature exhibitions.
(1)
Art galleries.
(2)
Historic and monument sites.
b. Public
assembly.
(1)
Amphitheaters.
(2)
Arenas and field houses.
(3)
Auditoriums.
(4)
Drive-in movies.
(5)
Exhibition halls.
30
(6) Legitimate theaters (live).
i
(7) Motion picture theaters.
(8) Stadiums.
C. Amusements and recreation.
(1) Amusement parks.
(2) Athletic clubs.
(3) Bowling.
(4) Fairgrounds.
(5) Go-cart tracks.
(6) Golf driving ranges.
(7) Miniature golf.
(8) Skating (roller or ice).
(9) Tennis.
(10) Video arcades.
5. Other uses.
a. Other retail trade, service, or entertainment or
recreational uses that are of the same general character as those listed in this subsection, which
are deemed compatible with other permitted uses in this district and which operate in
accordance with the stated purpose of this district.
i
b. Municipal uses and buildings, except for such uses and
i
buildings subject to section 15.04.200.
B. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Gasoline service stations.
2. Eating establishments (restaurants) with drive-in or drive-through
facilities.
31
3. Nursery schools and day care centers.
4. Churches.
C. Accessory uses. Permitted accessory uses are as follows:
1. Accessory uses and buildings customarily appurtenant to a
permitted use, such as incidental storage facilities.
2. For permitted uses, hazardous substance land uses, including
onsite hazardous waste treatment or storage facilities, which are not subject to cleanup
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.
3. Accessory dwelling units.
D. Conditional uses. Conditional uses are as follows:
1. Printing and publishing establishments, and accessory uses and
buildings customarily appurtenant to such use.
2. Miniwarehouses and self-service storage.
3. General conditional uses as listed in section 15.08.030, except
for transitional housing with a maximum of twenty (20) residents and four (4) staff.
4. Kennels.
5. 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 period of time, subject
to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage
facilities, which are not permitted in this district.
32
feet.
percent.
6. Group homes class I -A, I -B, I -C, II -A, I1-13, II -C and III.
7. Recreational vehicle parks.
E. Development standards.
1. Minimum lot. Minimum lot area is ten thousand (10,000) square
2. Maximum site coverage. Maximum site coverage is forty (40)
3. Front yard. There shall be a front yard of at least twenty (20) feet
in depth.
4. Side yard. No side yard is required, except when a side yard
abuts a residential district, and then a twenty -foot side yard shall be required.
5. Rear yard. No rear yard is required, except when a rear yard
abuts a residential district, and then a twenty -foot rear yard shall be required.
6. Height limitation. The height limitation is two (2) stories or
thirty-five (35) feet. However, 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.
7. Landscaping. The landscaping requirements of chapter 15.07
shall apply.
8. Outdoor storage. 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.
F. Signs. The sign regulations of chapter 15.06 shall apply.
G. Offstreet parking.
1. The offstreet parking requirements of chapter 15.05 shall apply.
33
2. Offstreet parking may be located in required yards, except in
areas required to be landscaped.
H. Development plan review. Development plan approval is required as
provided in section 15.09.010.
Section 10. Section 15.04.150 is hereby amended by adding a new subsection
15.04.150(C)(9) as follows:
Sec. 15.04.150. Professional and office district, O.
It is the purpose of the O district to provide for areas appropriate for
professional and 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.
services.
A. Principally permitted uses. Principally permitted uses are as follows:
1. Medical and dental offices and medical and dental laboratory
2. Administrative and professional offices such as lawyers,
engineers, real estate and accountants, financial offices such as banks and savings and loan
institutions, insurance offices, auditing, bookkeeping, architectural and urban planning
services, business and management consulting services and advertising services.
3. 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.
4. Schools and studios for art, crafts, photography, music or dance;
educational and scientific research; and research and development services.
1 34
5. Blueprinting and photocopying services.
6. Consumer and mercantile credit reporting services, and
adjustment and collecting services.
7. Detective and protective services.
8. Stenographic services and other duplicating and mailing services.
9. News syndicate services.
10. Employment services.
11. Group homes class I -A, I -B and I -C.
12. Any other use that is determined by the planning director to be of
the same general character as the uses permitted in subsections A.1. through 11. of this
section.
13. Municipal uses and buildings, except for such uses and buildings
subject to section 15.04.200.
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.
B. Accessory uses. Permitted accessory uses are as follows:
1. Incidental sales and services, such as restaurants, pharmacies and
retail sales, to serve occupants and patrons of permitted uses, when conducted within the same
building, provided there is no exterior display or advertising.
2. 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.
35
3. Accessory Dwelling Units
C. Conditional uses. Conditional uses are as follows:
1. Multifamily residential use shall be permitted as a conditional use
only when included within a mixed use development.
i
2. Mortuaries.
3. Beauty and barber services.
4. Tanning salons.
5. Nail manicuring services.
j 6. General conditional uses as listed in section 15.08.030.
7. Retail sales as follows:
a. Retail sales are permitted as part of a planned
development where at least fifty (50) percent of the total development is for office use.
b. Drive-in restaurants, service stations, drive-in cleaning
establishments and other similar retail establishments are not permitted.
8. Group homes class II -A, II -B, II -C and III.
D. Special permit uses. The following uses are permitted provided that they
conform to the development standards listed in section 15.08.020:
1. Churches.
2. Nursery schools and day care centers.
E. Development standards.
1. Minimum lot. Minimum lot area is ten thousand (10,000) square
feet.
percent.
2. Maximum site coverage. Maximum site coverage is thirty (30)
3. Front yard. Minimum front yard setback is twenty-five (25) feet.
36
4. Side yard. No side yard is required, except abutting a residential
district, and then the side yard shall be twenty (20) feet minimum.
5. Rear yard. No rear yard is required, except abutting a residential
district, and then the rear yard shall be twenty (20) feet.
forty (40) feet.
shall apply.
shall apply.
6. Height limitation. The height limitation is three (3) stories or
7. Landscaping. The landscaping requirements of chapter 15.07
F. Signs. The sign regulations of chapter 15.06 shall apply.
G. Offstreet parking. The offstreet parking requirements of chapter 15.05
H. Development plan review. Development plan approval is required as
provided in section 15.09.010.
Section 11. Section 15.05.040 of the Kent City Code is hereby amended by
adding a new subsection 15.05.040(A)(1)(f) as follows:
Sec. 15.05.040. Parking standards for specific activities.
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
37
I
Section 12. Chapter 15.08 of the Kent City Code is hereby amended to add a
new subsection 15.08.350 as follows:
Sec. 15.08.350. Accessory dwelling unit regulations.
i 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 underutilized 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 homeownership more affordable because it will be
easier to buy both new and existing homes with the help of an accessory apartment.
3. To make it more comfortable for older people to retain their
homes because an accessory apartment can provide them with added income, security,
companionship, and the opportunity to trade rent reductions for needed services.
4. To make it easier for single parents to meet mortgage payments
and hold onto their homes in the wake of a divorce and, as a result, keep their children in the
same neighborhood.
5. To increase the opportunity for disabled persons to live
independently because accessory units can provide them with both privacy and the proximity
to needed support.
6. To reduce the isolation of households that is a result of increased
affluence in housing, and/or longer lifespans and periods of frailty, and/or suburban land use
patterns that isolate people who cannot drive.
7. To make better use of existing public investment in streets,
IN
transit, water, sewer, and other utilities.
1. One ADU per dwelling unit is allowed out -right within all R1,
single family residential zones, and single family dwellings within the city.
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 Ordinance, 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 of the dwelling units shall be owner occupied as the
owner(s) principal residence for at least 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 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 40% of the principal unit. The size of a detached ADU, for either new construction
39
or an existing home, shall be up to 800 square feet or 33 % 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 the adoption of this ordinance shall not be denied an accessory
housing permit solely because it is larger than the maximum size stated in this criteria.
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 non -appealable by the neighbors of the
permit holder.
Section 13. Severability. If any one or more sections, subsections or sentences
of this Chapter 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.
40
Section 14. Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after its passage, approval nd publication as pr < d by law.
WHITE, MAYOR
ATTEST:
BRENDA JACO!/'I
R,TY CLERK
APPROVED AS TO FORM:
LUBOVICH, CITY ATTORNEY
PASSED day of d�-C l 't - f r-` c'c— , 1995.
APPROVED day of� .Z ,' -y_c .- ,,--, 1995
PUBLISHED day of1995.
I hereby certify that this is a true and correct copy of Ordinance No. , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the City
of Kent as hereon indicated.
adu.ord
41
1t.r" r9 art (SEAL)
BRENDA J OB , CITY CLERK