HomeMy WebLinkAbout3122Ordinance No. 3122
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed 6/15/1993
Amending Sec. 15.08.100(D)
Amended by Ords. 3409;4003
ORDINANCE NO.
AN ORDINANCE of the City of
Kent, Washington, amending Kent City
Code Section 15.08.100 (D) to allow
for the restoration or
reconstruction of nonconforming
structures under certain conditions
subject to the authority of the
City's Planning Director.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 3(D) ("NONCONFORMING
BUILDINGS/ STRUCTURES") of Ordinance No. 2468 (KCC § 15.08.100 (D))
of the City of Kent, Washington, shall be amended as follows:
Sec. 15.08.100.
Nonconforming Development.
D. Nonconforming Buildings/Structures
1. Restrictions. Regulations applicable to nonconforming x
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. Ma'or nonconforming buildings/structures. No major)
nonconforming structure may be expanded, enlarged,
extended, reconstructed, or otherwise structurally
altered or changed nor may any major nonconforming
building, structure or lot be occupied after
discontinuance or change in use unless said structure,
3.
use and associated grounds, and development are brought
into compliance with use and minimum development
standards of the district in which such structure is�
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located except as follows:
a. Any major nonconforming structure damaged by fire,
flood, explosion, wind, earthquake, war, riot, or!
other natural disaster, and where cost of
restoration exceeds fifty (50) percent of the fair;
market value of the structure at the time of
damage, shall not be restored or reconstructed and
used as before such happening unless the planning'..
director allows such restoration or reconstruction',
under the authority of subsection 15.08. 100 (D)(5);!,
however, where cost of restoration does not exceed'
fifty (50) percent of the fair market value of the
structure at the time of damage, the structure may
be restored, reconstructed and used as before,
provided that the work be completed within one (1)
year of such happening.
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.
Minor nonconforming buildings/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 said 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:
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4.
a. Any minor nonconforming structure damaged by fire,
flood, explosion, wind, earthquake, war, riot, or
other natural disaster, and where the cost of
restoration exceeds fifty (50) percent of the fair,,
market value of the structure at the time of
damage, shall not be restored or reconstructed and
used as before such happening unless the planning
director allows such restoration or reconstruction
under the authority of subsection 15 08 100 (D L551;
however, where cost of restoration does not exceed
fifty (50) percent of the fair market value of the
structure at the time of damage, it may be
restored, reconstructed and used as before,
provided that it be completed within one (1) year
of such happening.
b. Such repairs and maintenance work as required to!
keep it 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.
Planning Director's authority. The Planning Director may
waive specific development standard requirements and/or
impose additional requirements when all the following
criteria are met:
a. When owing to special circumstances a literal
enforcement of the provisions of the Zoning Code 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
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property, development in the area or the city as a
whole.
d. When a Conditional Use Permit is not required.
5. Planning director's authority -- certain nonconforming
structures. The planning director may allow the
restoration or reconstruction of a minor or major
nonconforming structure, if originally a legally
Permitted structure, that has been damaged by fire,
flood, explosion, wind, earthquake, war, riot or other
natural disaster where cost of restoration or
reconstruction exceeds fifty (50) percent of the fair
market value of the structure at the time of damage when
all the following criteria are met:
a. When the nonconforming structure to be restored or
reconstructed would be consistent with existing
height, bulk, scale and density characteristics of
adjacent structures and of structures within a
block radius of the subject property.
b. When the proposed use within the nonconforming
structure will function without adverse impact upon
adjacent property, other development in the area,
or the city as a whole.
C. When a conditional use permit is not required.
No restoration or reconstruction allowed under this
subsection shall be allowed if not completed within one
year from the date of the planning director's decision
regarding the proposed restoration or reconstruction.
Section 2. Severability. The provisions of this ordinance
are declared to be separate and severable. The invalidity of any
clause, sentence, paragraph, subdivision, section or portion of
this ordinance, or the invalidity of the application thereof to any
person or circumstances shall not affect the validity of the
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remainder of this ordinance, or the validity of its application to
other persons or circumstances.
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Section 3. EffectiveDate. 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 JACOBER
APPROVED AS TO FORM:
CLERK
DA KELLEHER, MAYOR
+R6 -G -EV A. LU$OVICH, CITY ATTORNEY _...
PASSED the _/�c day o
APPROVED the /61 day c
PUBLISHED the 1,5 day c
, 1992.
, 1992.
, 1992.
I hereby certify that this is a true and correct copy of
Ordinance No. 3/-Z,3- , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
hereon indicated.
NONCU RM.ord.
BRENDA JACOB C TY CLERK
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