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HomeMy WebLinkAbout2958Ordinance No. 2958 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) Sec. 15.04 Repealed by Ord. 3409; Secs 15.02.135 & 15.02.173 Amended by Ord 3451 Sec. 15.02.173 Amended by Ord. 3615 0` ORDINANCE NO. 7 5Y AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning; amending the Zoning Code (Ordinance 1827, 2404) by amending the definition of family (§ 15.02.135), adding a definition of Group Homes, Class I, II and III (§ 15.02.173), amending certain sections to provide for the �p siting of group homes within the City b (§§ 15.04.005, .010, .020, .030, .040, .050, .060, .070, .090, .100, .110, .120, .130, .140, .150), adding a new section to provide separation, dispersion and registration of Class II and III Group Homes (§ 15.08.280); and amending the types of uses identified under General Conditional Uses in the Code to eliminate uses now covered by the Group Homes classifications (§ 15.08.030). WHEREAS, Mayor Kelleher appointed an Advisory Committee in May of 1989 to review the Official Zoning Code and address the potential siting of group homes in the City of Kent; and WHEREAS, the Advisory Committee met during May of 1989 through March of 1990 and submitted its findings to the Kent Planning Commission in the report entitled "FINAL REPORT: THE MAYOR'S ADVISORY COMMITTEE ON GROUP HOMES"; and WHEREAS, Kent City Code (KCC) § 2.32.050 (Ordinance 2469) authorizes the Planning Commission to hear and make recommendations to the City Council on Zoning Code text amendments; and c< Ic: CDS 33 7h U4.3377 v�7 � 3386 WHEREAS, in accordance with the provisions of KCC § 2.32.050 and the Revised Code of Washington (RCW) 35A.63.100(2), public hearings were held before the Planning Commission of the City of Kent on May 21, June 25 and August 27, 1990 to consider the Committee's final report and its recommendations; and WHEREAS, at a public meeting on October 2, 1990, the Kent City Council considered and voted to approve recommendations of the Planning Commission concerning text amendments to the Kent Zoning Code, establishing the definitions for and siting of group homes, with the exception of Group III classification conditions which were sent to the Planning Committee for further review and recommendations; and WHEREAS, another public hearing was held on January 2, 1991 during which the Kent City Council considered the recommen- dations of the Planning Committee and the modifications proposed by the City Attorney on the text amendments, and voted to approve adoption of the recommendations and modifications as recommended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15.02.135 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.02.135. FAMILY. ((h-person-��v�ng-e�ene--er-tWe-er-mere-persons eetstentcr���*-���t�ng-�egetker-as-e-s�ng�e-ke�tsekeep�ng-e�n�t-and �ts�ng-ee�nn�en-eeel�tng-fQe#�t��es;-es-d3st�ng�t�sked-f rem-a-grettp - 2 - ecetzpy#ng-a-hetet;-e�nb;-bearding-er-�edgng-hese-)) One or more ;individuals related by blood or legal familial relationship or a ,group of not more than six (6) Persons who need not be related by ,;blood or a legal familial relationship living together in a Class II and III Group Homes (as defined in Section 15.02.173). Section Z. Chapter 15.02 of the zoning Code (Ordinance 1827, 2404) is amended by adding a new Section 15.02.173 as follows: 15.02.173. GROUP HOME. A. Class I Group Home• publicly or privately operated residential facilities such as state licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically or mentally disabled; group homes or 1. Group Home Class 1-A -- a maximum of 7 residents including_ resident staff. 2. Group Home Class 1-B -- a maximum of 10 residents including resident staff. 3. a-� will be based upon the density of the underlying zoning district. B. Class II Group Home• publicly or privately operate care homes or half -way homes for juveniles, which provide residence in lieu of sentencing or incarceration half -way houses providing residence to juveniles needing correction or for juveniles selected to participate in state operated work release - 3 - a convicted of the offenses listen in class 111 Aelow as a Sakwum Home Class III and any such home shall be sited according to the recrul tions contained within the Grout III classification. Group Home Class II -A -- a maximum of 8 residents including resident staff. i 2. Group Home Class II -B -- a maximum of 12 residents including resident staff. Group Home Class II -C -- a maximum of 18 residents including_ resident staff. C. Class III Group Homes: privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post charging_ diversion program or been selected to participate in state operated-work/training release or other similar programs Such grouts also involve individuals who have been convicted of a violent crime against a person a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. Section 3. Section 15.04.005 of the Zoning Code f (Ordinance 1827, 2404) is amended to read as follows: I 15 04 005. AGRICULTURAL-- A-1. A. Principally_ Permitted Uses 1. Agricultural uses, including any customary agricultural building or structure, such as planting, cultivation and harvesting of crops, animal husbandry, nurseries and green houses and other agricultural occupations. 2. One single-family dwelling per lot. 3. Group Homes Class I -A. 4 - Section 4. Section 15.04.010 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: A. principally Permitted Uses 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 single-family dwelling per lot. 3 Group Homes Class I -A. Section 5. Section 15.04.020 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15 04 020. SINGLE FAMILY RESIDENTIAL DISTRICTS. D. Principally Permitted Uses 1. One single-family dwelling per lot. 2. Crop and tree farming. 3. Group Homes Class I -A. Section 6. Section 15.04.030 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.04.030. DUPLEX MULTIFAMILY RESIDENTIAL - MR- A. Principally Permitted Uses 1. One single-family dwelling per lot. 2. One duplex per lot. - 5 - 2 Group Homes Class I -A and I -B. Crop and tree farming. * * * D. Conditional Uses 1. General Conditional Uses listed in Section 15.08.030. 2 Group Homes Class I -C II -A II -B and II -C * * * Section 7. Section 15.04.040 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.04.040. GARDEN DENSITY MULTIFAMILY RESIDENTIAL - MR -GI * * A. Principally Permitted Uses 1. Single-family dwellings and two-family dwellings I 1 or duplexes. 2. Multiple family dwellings including apartments and townhouses. 2 Group Homes Class I -A and I -B. ((3))4. Crop or tree farming. * * * D. Conditional Uses 1. General Conditional Uses as listed in Section 15.08.030. 2. Group Homes Class I -C II -A, II -B and II -C. * * * Section 8. Section 15.04.050 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: i 15.04.050 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL - MR- A. Principally Permitted Uses i 1. Single-family dwellings and two family dwellings or duplexes. 2. Multiple family dwellings. 3 Group Homes Class I -A, I -B and I -C. Crop and tree farming. D. Conditional Uses 1. General Conditional Uses as listed in Section 15.08.030. Z. Group Homes Class II -A II -B and II -C. Section 9. Section 15.04.060 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.04.060. HIGH DENSITY MULTIFAMILY RESIDENTIAL - MR -H. A. Principally Permitted Uses 1. Single-family dwellings and two-family dwelling: or duplexes. 2. Multiple -family dwellings. 3. Group Homes Class I -A. I -B and I -C. Crop and tree farming. D. Conditional Uses 1. General Conditional Uses as listed in Section 15.08.030. 3 Group Homes Class II -A. II -B and II -C. - 7 - Section 10. Section 15.04.070 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: A. Principally Permitted Uses 2 Mobile Home parks. 2. Group Homes Class I -A. Section 11. Section 15.04.090 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.04 090 NEIGHBORHOOD CONVENIENCE COMMERCIAL OR NCC. A. Principally Permitted Uses 1. Any local retail business for the sale of new merchandise, such as supermarkets, food stores, drugstores, restaurants (excluding drive-in restaurants), taverns. 2. Personal services such as barber and beauty shops, launderettes, dry cleaning establishments. 3. Any other retail or personal service use that is determined by the Planning Director to be of the same general character as the above permitted local retail businesses or services and is in accordance with the stated purpose of the district. 4. Municipal uses and buildings, except for such uses and buildings subject to Section 15.04.200. 5. Group Homes Class I -A I -B and I -C. - 8 - 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. D. Conditional Uses 1. General Conditional Uses as listed in Section 15.08.030. 2. Group Homes Class II -A II -B II -C and III Section 12. Section 15.04.100 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15 04 100. COMMUNITY COMMERCIAL DISTRICT OR CC. A. Principally Permitted Uses 1. Retail establishments, selling primarily new merchandise, including convenience goods, shopping goods such as "soft lines" (clothing, shoes) and "hard lines" (hardware, furniture, paint, appliances). 2. Personal services such as barber and beauty shops, launderettes dry cleaning establishments, television and radio repair, shoe repair. 3. Restaurants (excluding drive-in restaurants), (taverns. j 4. veterinary clinics when located no closer than 'one hundred fifty (150) feet to any residential use, providing the animals are housed indoors (no inside runs) and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. i 5. Branches of financial institutions. 6. Car washes. 7. Nurseries and greenhouses. 8. Commercial recreational facilities including theaters, bowling alleys, skating rinks, miniature golf. ` 9. Office uses. 10. Group Homes Class I -A I -B and I -C. Any other use that is determined by the Planning) Director to be the same general character as the above permitted uses and is in accordance with the stated purpose of the district. ((+1))12. Municipal uses and buildings, except for such uses and buildings subject to Section 15.04.200. i 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. D. Conditionally Permitted Uses. 1. General Conditional Uses as listed in Section 15.08.030. 2. Apartments (either by themselves or in conjunction with commercial uses), and building supply uses. 3. Auto repair facilities. 4. Mini -warehouses. Provided: that the following development standards shall apply for mini warehouses, superseding those set out in 15.04.100(E), below. a. Frontage Use Reserved: The first 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 15.04.100 A-1, and/or for office/on-site manager's unit, signage, parking and access. A maximum of 25% of the frontage may be used - 10 - for access to the storage unit area, provided that: in no case shall the access area exceed 75 feet in width. No storage units/structures shall be permitted within this 150 feet commercial frontage depth. b. Lot Size. Minimum - 1 acre Maximum - 4 acres c. Site Coverage. Underlying zoning district requirements. d. Setbacks. Front Yard - 20 feet Side Yard - 10 feet Rear Yard - 10 feet e. Height Limitations. One story in height. f. Outdoor Storage. No outdoor storage is permitted. g. Signs. The sign requirements of Chapter 15.06 shall apply. h. Off -Street Parking. 1. The off-street parking requirements of Chapter 15.05 shall apply. 2. Off-street 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 15.08. j. Landscaping. Front Yard - 20 feet: Type III (earth berm: Side Yard - 10 feet: Type II abutting commercial, Type I abutting residential uses or districts. Rear Yard - 10 feet: Type II abutting I commercial uses or districts, Type I abutting residential uses or districts. Note: For maintenance purposes, undergrounc irrigation systems shall be provided for all landscaped areas. k. On Site Managers. 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 to the facility. 1. Drive Aisles. Drive aisle width and parking requirements are as follows: a. 15 foot drive aisle and 10 foot parking aisle. b. Parking for manager's quarters and visitor parking. M. Building Lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum depth of 5 feet. n. Materials Used. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping and fencing. No uncomplimentary building colors should be used when abutting a residential use or zone. o. Prohibited Uses. Restrict use to "dead storage" only. Specifically prohibit the following: i. Auctions (other than tenant lien sales), commercial, wholesale, or retail sales, or garage sales. ii. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. i� iii. The operation of power tools, spray (painting equipment, table saws, lathes, compressors, welding 1equipment, kilns or other similar equipment. - 12 - iv. The establishment of a transfer and storage business. v. Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. vi. Storage of hazardous or toxic materials and chemicals, or explosive substances. p. Fencing. No razor wire allowed on top of fences. 5. Group Homes Class II -1A. II -B, II -C and III. Section 13. Section 15.04.110 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.04.110. DOWNTOWN COMMERCIAL OR DC. A. Principally Permitted Uses. 1. Retail establishments, including convenience goods, shopping goods such as "soft lines" (clothing, variety, shoes) and "hard lines" (hardware, furniture, appliances). 2. Personal services such as barber and beauty shops, launderettes, dry cleaning, television and radio repair, shoe repair. 3. Restaurants (excluding drive-in restaurants), nightclubs, taverns. 4. Professional, administrative and financial offices. 5. Business and technical schools. 6. Recreational uses such as theaters, bowling ,alleys, dance halls (must be enclosed). 7. Hotels and motels. - 13 - 8. Printing establishments, business services such as copy services. 9. Mortuaries. 10. Any other use that is determined by the Planning Director to be of the same general character as the above permit- ted uses and in accordance with the stated purpose of the district 11. 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. 12. Municipal uses and buildings, except for such uses and buildings subject to Section 15.04.200. 13. Group Homes Class I -A. I -B and I -C. B. Principally Permitted Uses in DC -2 Zone 1. All of the principally permitted uses in the DC -1 zone. 2. Automobile wash services. 3. Food lockers (with or without food preparation facilities). 4. Automobile rental services. 5. Sales of tire and auto accessories with on-site installation. 6. Marine craft sales and accessories. 7. Motor vehicle sales (new and used). 8. Motion picture distribution and services. 9. Upholstery and furniture repair services. 10. Group Homes Class I -A, I -B and I -C. ((B))C. Prohibited Uses. Heavy commercial uses with outdoor storage are prohibited in this district. ((e))D. Special Permit Uses. The following uses are permitted provided that they conform to the development standards listed in Section 15.08.020. - 14 - 1. Churches. 2. Nursery schools and day care centers. 3. Gasoline service stations in DC -2 zone only. ((B))E. Accessory Uses. 1. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, which must be enclosed, and loading and unloading areas. 2. For permitted uses, hazardous substance land uses, including on-site hazardous waste treatment and/or storage facilities, which are not subject to cleanup permit requirements of Kent City Code Chapter 4.19 and which do not accumulate more than 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 off-site hazardous waste treatment and/or storage facilities which are not permitted in this district. ((B))F. Conditional Uses. 1. Multifamily residential uses. 2. Commercial parking lots or structures. 3. Railway and bus depots, taxi stands. 4. General Conditional Uses as listed in Section 15.08.030. 5. Equipment rental and leasing services (DC -2 z only). 6. Automotive repair services, not to include body and fender repair (DC -2 zone only). 7. Group Homes Class II -A, II -B, II -C and III. ((F))G. Development Standards. 1. Minimum lot. Minimum lot of record. 2. Maximum site coverage. One hundred (100) percent. - 15 - 3. Setbacks. None, except as required by landscaping, or if off-street parking is provided on site, and except when a rear and/or side yard abuts a residential district, and then a twenty (20) foot rear and/or side yard shall be required. 4. Height limitation. Four (4) stories or sixty (60) feet. However, the Planning Director shall be authorized to grant one 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 additional story may be granted by the Planning Commission. 5. The landscaping requirements of Chapter 15.07 shall apply. ((6))H. Signs. The sign requirements of Chapter 15.06 shall apply. ((H)).I. Off -Street Parking. The off-street parking Irequirements of Chapter 15.05 shall apply. ((I))J. Development Plan Review. Development plan approval is required, as provided in Section 15.09.010. Section 14. Section 15.04.120 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: I 15.04.120. COMMERCIAL MANUFACTURING -1 OR CM -1. D. Conditional Uses 1. Offices. Ij 2. Light manufacturing operations in any building regardless of its size built prior to June 4, 1973. Provided, however, that in the event it should become necessary to rebuild dor replace any such building, then, in that event, the light (manufacturing operations permitted under this section shall not - 16 - encompass an area of greater than the size of the buildings on ,June 4, 1973. 3. For permitted uses, accessory hazardous ,substance land uses which are not subject to cleanup permit requirements of Kent City Code Chapter 4.19 and which accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site or which handle more than 20,000 pounds of hazardous substances or wastes or any combination thereof on site in any 30 day period of time, subject to the provisions of Section 15.08.050, except off-site hazardous waste treatment and/or storage facilities which are not permitted in this district. 4. Group Homes Class I -A I -B I -C II -A II -B II -C and III. ((4))5. General Conditional Uses as listed in Section 15.08.030. Section 15. Section 15.04.130 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.04.130. COMMERCIAL MANUFACTURING -2 OR CM -2. D. Conditional Uses. 1. Offices. 2. Light manufacturing operations in any building regardless of size built prior to June 4, 1973. Provided, how- ever, that in the event it should become necessary to rebuild or replace any such building, then, in that event, the light manufac- turing operations permitted under this section shall not encompass an area greater than the size of said building on June 4, 1973. 3. Group Homes Class I -A, I -B, I -C, II -A, II -B, II -C and III. - 17 - ((3))4. General Conditional Uses as listed in Section 15.08.030. ((4)).!�. For permitted uses, accessory hazardous !substance land uses, which are not subject to cleanup permit requirements of Kent City Code Chapter 4.19 and which accumulate more than 10,000 pounds of hazardous substances or wastes or any ;combination thereof at any one time on site or which handle more ,than 20,000 pounds of hazardous substances or wastes or any combination thereof on site in any 30 day period of time, subject to the provisions of Section 15.08.050, except off-site hazardous waste treatment and/or storage facilities which are not permitted in this district. Section 16. Section 15.04.140 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.04.140. GENERAL COMMERCIAL OR GC. A. Principally Permitted Uses. 1. Trade a. Wholesale Bakery b. Retail - general merchandise Department stores Dry goods and general merchandise Electrical supplies Farm equipment Hardware Heating and plumbing equipment Lumberyards Mail order houses Merchandise vending machine operators - 18 - C. CM e. f. a h. Paint, glass and wallpaper Variety stores Retail - food Bakeries (with accessory manufacturing) Candy, nut, and confectionery (with accessory manufacturing) Dairy products Fruits and vegetables Groceries Meat, fish, and poultry Retail automotive marine craft aircraft and accessories Aircraft and accessories Marine craft and accessories Motor vehicles (new and/or used cars and recreation vehicles) Tires, batteries, and accessories Retail - apparel and accessories New and/or used apparel and accessories Retail - furniture, home furnishings and equipment New and/or used and finished and/or unfinished furniture, home furnishings and equipment Retail - eating and drinking establishments Drinking establishments (taverns and cocktail lounges) Eating establishments (restaurants) without drive-in or drive-through facilities. Retail - other Antiques Bicycles Books - 19 - Bottled gas Cameras and photographic supplies Cigars and cigarettes Computers and software Drug and proprietary items Florists Fuel and ice dealers Fuel oil Gifts, novelties, and souvenirs Hay, grains, and feeds Jewelry Liquor Newspapers and magazines Optical goods Pets and pet supplies Secondhand merchandise Sporting goods Stationery Video cassette sales and rentals 2. Services a. Finance, insurance and real estate services Banking and related services Commodity brokers, dealers and related services Housing and investment services Insurance brokers, agents and related services Insurance carriers Real estate agents, brokers and related services Real estate operators, lessors and management services - 20 - b. C. Real estate subdividing and developing services Security brokers, dealers and related services Title abstracting and insurance services Personal services Beauty and barber services Diaper services Funeral and crematory services Laundering and dry cleaning (self-service) Laundering, dry cleaning, and dyeing service Linen supply and industrial laundry services Photographic services Pressing, alteration, and garment repair Rug cleaning and repair services Shoe repair, shoe shining, and hat cleaning services Business services Advertising services Automobile and truck rental Blueprinting and photocopying services Business and management consulting services Consumer and mercantile credit reporting services; adjustment and collection services Detective and protective services Disinfecting and exterminating services Employment services Equipment rental and leasing services Food lockers (without food preparation facilities) Motion picture distribution and services News syndicate services other dwelling and business services - 21 - e. f. outdoor advertising services Photofinishing services Research, development, and testing services Stenographic services and other duplicating and mailing services Trading stamp services Window cleaning services Repair services Armature rewinding services Automobile repair services Automobile wash services Electrical repair services Fleet vehicle maintenance Radio and television repair services Reupholstery and furniture repair services Small engine repair Truck repair Watch, clock and jewelry repair services Professional services Accounting, auditing, and bookkeeping services Educational and scientific research service: Engineering and architectural services Hospital services Legal services Medical and dental laboratory services Medical and dental services Medical clinic - out-patient services Sanitarium, convalescent, and rest home services Urban planning services Contract construction services Building construction - general contractor services - 22 - n h. Carpentering and wood flooring Concrete services Electrical services Masonry, stonework, tile setting, and plastering services I Painting, paperhanging and decorating services Plumbing, heating, and air conditioning services Roofing and sheet metal services Water well drilling services Educational services Art and music schools Barber and beauty schools Business and stenographic schools Correspondence schools Dancing schools Driving schools - auto Driving schools - truck Vocational or trade schools Miscellaneous services Animal grooming parlors Business associations and organizations Civic, social, and fraternal associations Labor unions and similar labor organizations 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 (no outside runs) and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. Welfare and charitable services - 23 - 3. Residential a. Lodgings Hotels 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 20 residents at any one time and 4 resident staff. 4. Cultural entertainment and recreational a. Cultural activities and nature exhibitions Art galleries Historic and monument sites b. Public assembly Amphitheaters Arenas and field houses Auditoriums Drive-in movies Exhibition halls Legitimate theaters (live) Motion picture theaters Stadiums C. Amusementsand recreation Amusement parks Athletic clubs Bowling Fairgrounds Go-cart tracks Golf driving ranges Minature golf - 24 - Skating (roller or ice) Tennis Video arcades 5. Other uses a. Other retail trade, service, or entertain- ment/recreational uses that are of the same general character as those listed; which are deemed compatible with other permitted uses in this district and which operate in accordance with the stated purpose of this district. b. Municipal uses and buildings, except for such uses and buildings subject to Section i 15.04.200. D. Conditional Uses. 1. Printing and publishing establishments, and accessory uses and buildings, customarily appurtenant to such use. 2. Mini -warehouses and self-service storage 3. General Conditional Uses as listed in Section 15.08.030. 4. Kennels. 5. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup requirements of Kent City Code Chapter 4.19 and which accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site or which handle more than 20,000 pounds of hazardous substance and wastes on site in any 30 day period of time, subject to the provisions of Section 15.08.050, except off-site hazardous waste treatment and/or storage facilities which are not permitted in this district. 6. Group Homes Class I -A. I-8 I -C, II -A. II -8. II -C and III. - 25 - Section 17. Section 15.04.150 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15,04-150. PROFESSIONAL AND OFFICE DISTRICT OR 0- A. Principally Permitted Uses. 1. Medical and dental offices; medical and dental laboratory services. 2. Administrative and professional offices such as lawyers, engineers, real estate, accountants, financial offices such as banks, savings and loan institutions, insurance offices, auditing, bookkeeping, architectural and urban planning services, business and management consulting services, 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 (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, dance. Educational and scientific research, research and development services. 5. Blueprinting and photocopying services. 6. Consumer and mercantile credit reporting services, adjustment and collecting services. 7. Detective and protective services. 8. Stenographic services and other duplicating and mailing services. 9. News syndicate services. I 10. Employment services. j 11. Group Homes Class I -A. I -B, and I -C. ((13:))12. Any other use that is determined by the Planning Director to be of the same general character as the above permitted uses. - 26 - ((3:R))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. C. Conditional Uses. 1. Multifamily development over office uses and multi -family developments (apartments and townhouses). 2. Mortuaries. 3. Beauty and barber services. 4. Tanning salons. 5. Nail manicuring services. 6. General Conditional Uses as listed in Section 15.08.030. 7. Retail sales as follows: 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-ir cleaning establishments and other similar retail establishments ,are not permitted. 8. Group Homes Class II -A. II -B, II -C and III. Section 18. The Zoning Code (Ordinance 1827, 2404) is amended to add the following new section: - 27 - A. Purpose. It is - RurROse of this section • outline •-1- conditions with w_ - - II and ! • • : • i _ defined Section -15,02,173 of this Code) must comply when aRRlying for a conditional use Rermit to locate in the -City of Kent. B. Dispersion Requirements. A Class II and III Group Home must locate a minimum of 600 feet from any other Class II or III Group Home. This distance will be measured by following a straight line, without regard to intervening buildings from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. C. Separation Requirements. A 1.000 foot separation requirement will apply to Class II and III Group Homes to separate such facilities from sensitive land uses such as public or private schools, churches or other religious facilities or institutions parks and plavarounds, and other such uses that are deemed to be sensitive. In addition to the above sensitive uses Class III Group Homes must be separated at least 1,000 feet from all residential areas. This distance would be measured by the same method as that for the dispersion requirements described in B above. D. Registration and Licensing. Group Homes must obtain all licenses necessary for operation by state andJor federal agencies Class II and III Group Homes must also register with the City of Kent by supplving information pertinent to the validity, update and renewal status of the Home's state andZor federal license. Accuracy of all - 28 - IL-3 MM• — — } = gid—• — • • • —• • }' Section 19. Section 15.08.030 of the Zoning Code (Ordinance 1827, 2404) is amended to read as follows: 15.08.030. GENERAL CONDITIONAL USE. B. Type of Uses Identified. The uses identified for the purpose of this section will generally fall into several broad categories: 1. Utilitv transportation and communication facilities. Includes electrical substations, pumping or regulating devices for the transmission of water, gas, steam, petroleum, etc., bus stops, transit stations, etc. 2. Public facilities. Includes fire houses, police stations, libraries, and administrative offices of governmental agencies; primary and secondary schools, vocational schools and colleges. 3. O ep n space uses. Includes cemeteries, parks, playgrounds, golf courses and other recreation facilities, including buildings or structures associated therewith. 4. Drive-in churches, retirement homes, convalescent homes, and other welfare facilities (excluding Group Homes Class I II and III as defined in Section 15.0 .173 of this 1co whether privately or publicly operated; facilities for rehabilitation or correction, private clubs, fraternal lodges, etc - 29 - Section 20. 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 circumstance shall not affect the validity of its application to other persons or circumstances. Section 21. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its fina passage as provided by law. KELLEHER, MAYOR ATTEST: BRENDA JACOBER1, D UTY CITY CLERK APPROVED AS TO FORM: A. L0BOVTCA-,-C1TY A PASSED the day of , 1994. APPROVED the day of GE_-i'L1 , 1994. PUBLISHED the day of , 1994. - 30 - I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereof indicated. 9150-320 i ( SEAL) BRENDA JACOB R, DEPUTY CITY CL l - 31 -