HomeMy WebLinkAbout2932Ordinance No. 2932
(Amending or Repealing Ordinances)
CFN=131— Zoning Code
Passed 7/17/1990
Relating to tree preservation regulations of the zoning code
Secs. 15.02.010,15.02.015,15.02.025,15.02.050,15.02.075, 15.02.098,
15.02.100, 15.02.120,15.02.210,15.02.235,15.02.283,15.02.285,15.02.290,
15.02.335, 15.02.500, 15.02.560,15.02.585 Amended by Ord. 3409
Sec. 15.02.430 Amended by Ord. 3501
Amended by Ord. 3830 (Sec.15.08.240)
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to tree preservation
regulations of the zoning code, amending
Section 15.02 (Definitions), Section 15.08.240
(Tree Preservation) and Section 15.09.100
(Enforcement).
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Zoning Code Chapter 15.02 is
amended as follows:
CHAPTER 15.02
DEFINITIONS
For purposes of this code, certain terms or words used
herein shall be interpreted as follows:
The word person includes a firm, association,
organization, partnership, trust, company, or corporation as well
as an individual.
The present tense includes the future tense, the singular,,
number includes the plural, and the plural number includes the
singular.
The word shall is mandatory, the word may is permissive.
The word used or occupied includes the words intended,
designed, or arranged to be used or occupied.
The word lot includes the words plot and parcel.
15.02.005. ACCESSORY USE OR STRUCTURE. A use or
structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
15.02.006. ADULT BOOKSTORE. A commercial establishment
which has a minimum of 20 percent of its stock in trade, books,
j magazines, or other periodicals distinguished or characterized by
an emphasis on matter depicting, describing or relating to
" "specified sexual activities" or "specified anatomical areas" as
defined herein. Such an establishment is customarily not open to
the public generally but only to one or more classes of the
public, excluding minors by virtue of age. It shall be a
rebuttable presumption that 20 percent of a business' stock in
trade is considered substantial. (0.2687, §2)
15.02.007. ADULT MOTION PICTURE THEATRE. An Adult
Motion Picture Theatre is an enclosed building used for presentin4i
motion picture films, video cassettes, cable television, or any
other such visual media, distinguished or characterized by an
emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas" as
hereafter defined for observation by patrons therein. This term
includes outdoor drive-in theatres or structures which present
similar films, movies, or other visual media depicting,
describing, or relating to "specified sexual activities" or
"specified anatomical areas" as hereafter defined for observation
by patrons. (0.2687, §2)
15.02.008. ADULT USES. For the terms of this code,
adult uses shall include adult motion picture theatres, adult
drive-in theatres, adult bookstores, and adult entertainment
establishments. (0.2687, §2; 0.2785 §1)
15.02.009. ADULT ENTERTAINMENT ESTABLISHMENT. An adult
entertainment establishment means any business or operation
regulated by KCC 5.32 including any business or operation that
involves an exhibition or dance by persons that is distinguished
or characterized by an emphasis on conduct that depicts, displays,
or relates to "specified sexual activities" or "specified
anatomical areas", as defined in Section 15.02.502 and .503. Such
an establishment customarily excludes persons by virtue of age
from all or a portion of the premises. (0.2785, §1)
15.02.010. AGRICULTURE. The use of land for
agricultural purposes, including farming, dairying, pasturage,
horticulture, floriculture, viticulture, apiaries, and animal and
poultry husbandry, and the necessary accessory uses for storing
produce; provided, however, that the operation of any such
accessory use shall be incidental to that of normal agricultural
activities and provided further that the above uses shall not
include the commercial feeding of garbage or refuse to swine or
other animals.
15.02.015. ALLEY OR LANE. A public
more than thirty (30) feet wide affording only
access to abutting property.
15.02.020. APARTMENT.
building.
or private way not
secondary means of
A dwelling unit in a multifamily
15.02.025. APARTMENT HOUSE (MULTIFAMILY DWELLING. Any
building, or portion thereof, which is designed, built, rented,
leased, let, or hired out to be occupied, or which is occupied as
the home or residence of three or more families living independ-
ently of each other and doing their own cooking in the said build',,
ing, and shall include flats and apartments.
15.02.030. AUTOMOBILE REPAIR. Includes fixing,
incidental body or fender work, painting upholstering, engine
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Mune-up, adjusting lights, brakes, supply and installing
;replacement parts to passenger vehicles and trucks.
15.02.035. AUTOMOBILE SERVICE STATION OR GASOLINE
!FILLING STATION. A building or lot having pumps and storage tanks'!
;;where fuels, oils, or accessories for motor vehicles are
dispensed, sold or offered for sale at retail only; repair service;
,!is incidental and no storage or parking space is offered for rent.
15.02.040. AUTOMOBILE WRECKING OR MOTOR VEHICLE
;WRECKING. The dismantling or disassembling of motor vehicles or
',the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked motor vehicles or their parts.
15.02.045. BASEMENT. That portion of a building between
floor and ceiling, which is partly below and partly above grade,
'.but so located that the vertical distance from grade to the floor
;below is less than the vertical distance from grade to ceiling.
15.02.050. BOARD OF ADJUSTMENT. The Kent Board of
,Adjustment created in accordance with RCW 35A.
15.02.055. BOARDING OR LODGING HOME. A dwelling or part
;thereof, other than a motel or hotel, where lodging with or with-
out meals, is provided, for compensation for not more than three
(3) persons.
15.02.060. BUILDING. Any structure having a roof sup-
Ilported by columns or walls used or intended to be used for the
shelter or enclosure of persons, animals or property of any kind.
15.02.065. BUILDING HEIGHT. The vertical distance from
the "grade" to the highest point of the coping of a flat roof or
to the deck line of a mansard roof or to the average height of the
,highest gable of a pitch or hip roof.
15.02.070. CANOPY. A roof -like projection.
15.02.075. COMPREHENSIVE PLAN. The plans, maps, reports:,
which have been adopted by the City Council in accordance with RCWI
35.63 or RCW 35A.
15.02.080. COMBINING DISTRICT. District regulations
superimposed on an underlying zoning district which impose addi-
tional regulations for specific uses, and which are valid for a
stipulated time period. Uses permitted by the underlying zone may,
also be developed.
15.02.085. COMMON OPEN SPACE. A parcel or parcels of
land or an area of water or a combination of land and water within
the site designated for a planned unit development, and designed
and intended primarily for the use or enjoyment of the residents
of such development.
15.02.090. CONDITIONAL USE. A use permitted in a zoning
.district only after review and approval by the Hearing Examiner.
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Conditional uses are such that they may be compatible only on cer-
tain conditions in specific locations in a zoning district, or if
the site is regulated in a certain manner.
15.02.092. CREEKS, MAJOR. The following are major
creeks identified by the City of Kent.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Mill Creek
Garrison Creek and its tributaries
Springbrook Creek
Johnson Creek
Midway Creek
Star Lake Creek
Bingaman Creek
Mullen Slough
Mill Creek (Auburn)
West Branch Big Soos
Creek and tributaries
The location of these creeks is identified on the map
entitled "Hazard Area Development Limitations," KCC 15.08.222.
15.02.093. CREEKS. MINOR. All creeks other than major
creeks and generally including the following criteria; a course o ,
route as formed by nature, or as altered by human activity and
generally consisting of a channel with a bed, banks, or sides sub -'i
stantially throughout its length along with surface waters, with
some regularity, naturally and normally flow or drain from high to!
lower lands. The location of these creeks is identified on the
map entitled "Hazard Area Development Limitations," KCC 15.08.222.;
15.02.095. CROP AND TREE FARMING. The use of land for
horticultural purposes.
15.02.097. DANGEROUS WASTES. Those wastes designated ink
!,WAC 173-303-070 through 173-303-103 as
g dangerous wastes. This
!I'may include any discarded, useless, unwanted, or abandoned
substances, including but not limited to certain pesticides, or
any residues or containers of such substances which are disposed
of in such quantity or concentration as to pose a substantial
present or potential hazard to human health, wildlife, or the
'environment because such wastes or constituents or combinations of!
such wastes:
A. have short-lived, toxic properties that may cause
death, injury, or illness or have mutagenic, teratogenic, or
carcinogenic properties or
B. are corrosive, explosive, flammable, or may generates!,
',pressure through decomposition or other means.
;'A moderate risk waste is not a dangerous waste. (0.2801, §1)
15.02.098. DESIGNATED ZONE FACILITY. Any hazardous
,I waste facility that requires an interim or final status permit
;funder rules adopted under Chapter 70.105 RCW and Chapter 173-303
'IWAC and that is not a "preempted facility" as defined in RCW
170.105.010 or in WAC 173-303; a hazardous waste treatment and/or
storage facility is a designated zone facility. (0.2801, §1)
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15.02.100. DEVELOPMENT PLAN. A plan drawn to scale,
indicating the proposed use, the actual dimensions and shape of
the lot to be built upon, the exact sizes and locations on the lot
of buildings already existing, if any, and the location on the lot
of the proposed building or alteration, yards, setbacks, land-
scaping, off-street parking, ingress and egress, and signs.
15.02.105. DEVELOPMENT STANDARDS. Regulations including
but not limited to setbacks, landscaping, screening, height, site
coverage, signs, building layout, parking and site design and
related features of land use.
15.02.107. DISCONTINUANCE. The abandonment or nonuse o
a building, structure, sign and/or lot for a period of six (6)
months.
15.02.110. DISTRICT. An area designated by the Kent
Zoning Code with specific boundaries in which lie specific zones
which zones are described in the code.
15.02.111. DOCK HIGH LOADING AREAS. Truck maneuvering
areas and loading/unloading areas associated with loading doors
that are located above the finish grade. (0.2740, §1)
15.02.112. DRAINAGE DITCHES. A manmade channel with a
bed, bank or sides which discharges surface waters into a major ori
minor creek, lake, pond or wetland.
15.02.113. DRIPLINE A circle drawn at the soil line
directly under the outermost branches of a tree
15.02.115. DWELLING, SINGLE FAMILY. A detached residen-
tial dwelling unit other than a mobile home, designed for and
occupied by one family only.
15.02.120. DWELLING, TWO FAMILY. A detached residential;
building containing two dwelling units, designed for occupancy by
not more than two families.
15.02.125. DWELLING, MULTIPLE FAMILY. A residential
building designed for or occupied by three or more families, with
the number of families in residence not exceeding the number of
dwelling units provided.
15.02.130. DWELLING UNIT. One room, or rooms connected
together, constituting a separate, independent housekeeping estab-
lishment for owner occupancy, or rental or lease on a weekly,
monthly, or longer basis, and physically separated from any other
rooms or dwelling units which may be in the same structure or on
the same property and containing independent cooking and sleeping'
facilities.
15.02.132. EROSION HAZARD AREA.
A. Class 1 Erosion Hazard Areas. All areas of the
City, other than Class 2 or 3 erosion hazard areas. These areas
are areas where no development limitations are deemed necessary,
except where described under Chapter 15.04 - District Regulations.)
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B. Class.,.Erosion HazardAreas. All soils mapped by the
Soil Conservation Slervice as having moderate to severe erosion
hazard potential. These soils in the City of Kent include Arents,
Alderwood material (AmC), Alderwood gravelly sandy loam (AgC), and
Everett gravelly sandy loam (EvD).
C. Class 3 Erosion Hazard Areas. All soils mapped by
the Soil Conservation Service as having a severe to very severe
erosion hazard potential. These soils in the City of Kent include
Alderwood gravelly sandy loam (Agd) and Alderwood Kitsap soil
(AKF) .
D. Soil Conservation Service Maps referenced herein are
on file with the City Clerk.
15.02.133. EXTREMELY HAZARDOUS WASTE. Those wastes
designated in WAC 173-303-070 through 173-303-103 as extremely
hazardous wastes. This may include any dangerous waste which
A. will persist in a hazardous form for several years
or more at a disposal site and which in its persistent form
1. presents a significant environmental hazard and
may be concentrated by living organisms through a food chain or
may affect the genetic make-up of man or wildlife and
2. is highly toxic to man or wildlife,
B. if disposed of at a hazardous waste disposal site in
such quantities as would present an extreme hazard to man or the
environment. (0.2801, §1)
15.02.135. FAMILY. A person living alone, or two or
more persons customarily living together as a single housekeeping
unit and using common cooking facilities, as distinguished from a
group occupying a hotel, club, boarding or lodging house.
15.02.140. FENCE - SIGHT OBSCURING. The minimum for a
sight -obscuring fence is a chain-link fence with woven slats in
every row or available space of the fence.
15.02.145. FENCE - 100% SIGHT OBSCURING. A fence con-
structed of solid wood, metal or other appropriate material which
totally conceals subject use from adjoining uses at six (6) feet
above the base of the fence line, at twenty (20) feet from subject
property line.
15.02.150. FRONTAGE, BUILDING OR OCCUPANCY. The length
of that portion of a building or ground floor occupancy which
abuts a street, publicly used parking area, or mall appurtenant to
said building or occupancy expressed in lineal feet and fractions
thereof.
15.02.155. GARAGE OR CARPORT, PRIVATE. A building, or a
portion of a building principally for vehicular equipment such as
automobiles, boats, etc., not more than one thousand (1,000)
square feet in area, in which only motor vehicles used by the
tenants of the building or buildings on the premises are stored or
kept.
15.02.160. GENERAL CONDITIONAL USES. Uses described in
Section 15.08.030. Such uses shall be deemed conditional uses in
all districts.
15.02.165. GRADE. The lowest point of elevation of the
finished surface of the ground between the exterior wall of a
building and a point five feet distant from said wall, or the
lowest point of elevation of the finished surface of the ground
between the exterior wall of a building and the property line if
it is less than five feet distant from said wall. In case walls
are parallel to and within five feet of a public sidewalk, alley
or other public way, the grade shall be the elevation of the side-
walk, alley or public way.
15.02.170. GROSS FLOOR AREA. The area included within
the surrounding exterior walls of a building expressed in square
feet and fractions thereof. The floor area of a building not
provided with surrounding exterior walls shall be the usable area
under the horizontal projections of the roof or floor above.
15.02.172. GROUNDCOVER. Low growing vegetative
materials with a mound or spreading manner of growth that provides
solid cover within two years after planting. (Examples: sod or
seed lawn, ivy, junipers, cotoneaster, etc.) (0.2801, §1)
15.02.174. GUEST COTTAGE. An accessary, detached
dwelling without any kitchen facilities designed for and used to
house transient visitors or non-paying guests of the occupants of
the main building. (0.2801, §1)
15.02.175. HAZARDOUS SUBSTANCE. Any liquid, solid, gas,
or sludge, including any material, substance, product, commodity,
or waste, regardless of quantity, that exhibits any of the
characteristics or criteria of hazardous waste as described in
rules adopted under Chapter 70.105 RCW or in WAC 173-303-090,
173-303-101, 173-303-102, or 173-303-103. (0.2801, §1)
15.02.176. HAZARDOUS SUBSTANCE FACILITY BUFFER ZONE. A
setback area between the hazardous substance land use facility
boundary and the nearest point of the hazardous substance land use,
property line, necessary to provide added protection to adjacent
land uses or resources of beneficial use. All hazardous waste
treatment and/or storage facilities must maintain at least a 50
foot buffer zone. (0.2801, §1)
15.02.177. HAZARDOUS SUBSTANCE LAND USE. Any use which
is permitted under the Kent Zoning Code and which includes a
designated zone facility, or the processing or handling of
hazardous substance as defined herein. (0.2801, §1)
15.02.178. HAZARDOUS SUBSTANCE LAND USE FACILITY. The
projected line enclosing the area of all structures and lands on
which hazardous substance land use activities occur, have occurred
in the past or will occur in the future. This does not include
the application of products for agriculture purposes. (0.2801, §1)
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15.02.179. HAZARDOUS SUBSTANCE PROCESSING OR HANDLING
OF. The compounding, treatment, manufacture, synthesis, use or
storage of hazardous substances in excess of the following amounts
in bulk quantities: 5,000 pounds of solid hazardous substances;
500 gallons of liquid hazardous substances; and 650 cubic feet of
gaseous hazardous substances. (0.2801, §1)
15.02.180. HAZARDOUS WASTE. Any dangerous and extremely
hazardous waste, including substances composed of radioactive and
hazardous components. A moderate risk waste is not a hazardous
waste. (0.2801, §1)
15.02.181. HAZARDOUS WASTE FACILITY. The contiguous
land and structures, other appurtenances, and improvements on the
land used for recycling, storing, treating, incinerating, or
disposing of hazardous waste. (0.2801, §1)
15.02.182. HAZARDOUS WASTE STORAGE FACILITY. Any
designated zone facility which holds hazardous waste for a
temporary period not to exceed five years; this does not include
accumulation of hazardous waste by the generator on the site of
generation, as long as the generator complies with the applicable
requirements of WAC 173-303-200 and 173-303-201. (0.2801, §1)
15.02.183. HAZARDOUS WASTE TREATMENT FACILITY. Any
designated zone facility which processes hazardous waste by
physical, chemical, or biological means to make such waste
nonhazardous or less hazardous, safer for transport, amenable for
energy or material resource recovery, amenable for storage, or
reduced in volume. (0.2801, §1)
15.02.184. HAZARDOUS WASTE TREATMENT OR STORAGE
FACILITY, OFF-SITE. Any hazardous waste treatment or storage
facility which treats or stores wastes that are generated off site.
15.02.185. HAZARDOUS WASTE TREATMENT OR STORAGE
FACILITY, ON-SITE. Any hazardous waste treatment or storage
facility which treats or stores only those wastes that are
generated on-site.
15.02.186. HEARING EXAMINER (LAND USE). A person
appointed by the City Administrator to conduct public hearings on,
applications outlined in the City ordinance creating the Hearing
Examiner, and who prepares a record, findings of fact and conclu-
sions on such applications. (0.2808, §1)
15.02.187. HIGHEST SHADE PRODUCING POINT. The point of
a structure which casts the longest shadow at noon on January 21.
15.02.190. HOME OCCUPATION. The carrying on of a lawful
business activity within the dwelling unit by the inhabitants of
the dwelling unit. (0.2424, §1)
15.02.195. HOME OWNERS ASSOCIATION. An incorporated,
non-profit organization operating under recorded land agreements
through which (a) each lot owner is automatically a member and (b)
each lot is automatically subject to a charge for a proportionate
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share of the common property and (c) a charge if unpaid, becomes a
lien against the property.
15.02_.200. HOTEL. Any building containing six or more
guest rooms intended or designed to be used, or which are used,
rented, or hired out to be occupied, or which are occupied for
sleeping purposes by guests.
15 02.202. IMPERVIOUS SURFACES. That hard surface area
which either prevents or retards the entry of water into the soil
mantle as it entered under natural conditions pre-existent to
development, and/or that hard surface area which causes water to
run off the surface in greater quantities or at an increased rate.,
of flow from that present under natural conditions pre-existent to
development. Common impervious surfaces include, but are not lim-
ited to, roof tops, concrete or asphalt paving, paved walkways,
patios, driveways, parking lots or storage areas, and oiled, maca-
dam or other surfaces which similarly impede the natural infiltra-
tion of surface water.
15.02.205. INTERIOR COURT. A space, open and
unobstructed to the sky, located at or above grade level on a lot
and bounded on three or more sides by walls of a building.
15.02.210. JUNK YARD. A place where waste, discarded or
salvaged materials are bought, sold, exchanged, stored, baled,
cleaned, packed, disassembled, or handled, including auto and
MO vehicle wrecking yards, house wrecking yards, used -lumber
yards and yards for use of salvaged house wrecking and structural
steel materials and equipment.
15.02.215. KENNEL. Any premises on which four (4) or
more dogs, which are five -months old or older are kept.
15.02.217. LAKES. Natural or artificial bodies of water
of two or more acres and/or where the deepest part of the basin at
low water exceeds two meters (6.6 feet). Artificial bodies of
water with a recirculation system approved by the Public Works
Department are not included in this definition.
15.02.220. LANDSCAPING. Vegetative cover including
shrubs, trees, flowers, seeded lawn or sod, ivy and other similar
plant material.
15.02.222. LANDSLIDE AREAS.
A. Class 1 Landslide Areas. All areas of the City,
other than Class 2 or 3 landslide hazard areas. These areas are
areas where no development limitations are deemed necessary,
except where described under Chapter 15.04 - District Regulations.
B. Class 2 Landslide Areas. Slopes of 15 percent or
greater with permeable subsurface material (predominately sand and
gravel) to base level.
C. Class 3 Landslide Areas. Class 3 landslide hazard
k of landslide, duel
areas means those areas subject to a severe ris
to the combination of: (a) slopes greater than fifteen (15) per-
cent; and (b) impermeable subsurface material (typically silt and
clay) sometimes interbedded with permeable subsurface material
(predominantly wet sand and gravel) between the top and base
(foot) elevations; and (c) characterized by springs or seeping
groundwater during the wet season (November to February). These
areas include both active and currently inactive slides.
15.02.225. LOT. For the purposes of this code a lot is
a parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage, and area, and to provide
such yards and other open spaces as are herein required. Such lot
shall have frontage on an improved public street, or on an
approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, and
portions of lots of record;
D. A parcel of land described by metes and bounds;
provided that in no case of division or combination shall any
residual lot or parcel be created which does not meet the require-
ments of this code.
15.02.230. LOT, CORNER. A lot abutting upon two (2) or
more streets at their intersection, or upon two (2) parts of the
same street, such streets or parts of the same street forming an
interior angle of less than one hundred thirty-five (135) degrees
within the lot lines.
15.02.235. LOT FRONTAGE. The front of a lot shall be
that portion nearest the street. On a corner lot the front yard
shall be considered the narrowest part of the lot that fronts on a,`
street, except in industrial and commercial zones in which case
the user of a corner lot has the option of determining which part
of the lot fronting on a street shall become the lot frontage.
lot.
15.02.240. LOT LINES. The property lines bounding the
15.02.245. LOT MEASUREMENTS.
A. Depth of a lot shall be considered to be the
distance between the foremost points of the side lot lines in
front and the rearmost points of the side lot lines in the rear.
B. Width of a lot shall be considered to be the
distance between the side lines connecting front and rear lot
lines, provided, however, that width between side lot lines at
their foremost points (where they intersect with the street line)
shall not be less than eighty (80) percent of the required lot
width except in the case of lots on the turning circle of
cul-de-sacs, where eighty (80) percent requirement shall not apply.
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s
15.02.250. LOT OF RECORD. A lot which is part of a sub-'
division recorded in the office of the County Assessor, or a to
or parcel described by metes and bounds, the description of which
ihas been so recorded.
15.02.252. LOT RIVERFRONT. Any lot or land parcel
which is adjacent to the Green River, a scenic and recreational
road, a riverfront road or a riverfront park. (0.2544, §3)
15.02.255. LOT, THROUGH. A lot that has both ends
;fronting on a street. Either end may be considered the front.
15.02.257. MAJOR NONCONFORMING BUILDING/STRUCTURE. Any
i' nonconforming building or structure located on a parcel which at
!any point borders or is in a residential district and which is not
sin compliance with the minimum development standards of the
district in which it is located.
15.02.258. MINOR NONCONFORMING BUILDING/STRUCTURE. Any
nonconforming building or structure which is not a major noncon-
iforming structure and which is not in compliance with the minimum
.development standards of the district in which it is located.
15.02.260. MOBILE HOME. A factory constructed
residential unit with its own independent sanitary facilities,
that is intended for year round occupancy, and is composed of one
or more major components which are mobile in that they can be
supported by wheels attached to their own integral frame or
structure and towed by an attachment to that frame or structure
over the public highway under trailer license or by special permit;.
15.02.265. MOBILE HOME PARK. An area under one
ownership designed to accommodate ten (10) or more mobile homes.
15.02.267. MODERATE RISK WASTE. Those wastes defined in,
WAC 173-303-040 as moderate risk wastes. This may include any
waste that exhibits any of the properties of hazardous waste but
is exempt from regulation under Chapter 70.105 RCW solely because
the waste is generated in quantities below the threshold for
'regulation and any household waste which is generated from the
disposal of substances identified by the Department of Ecology as
hazardous household substances. (0.2808, §1)
15.02.270. MOTEL INCLUDING HOTEL AND MOTOR HOTEL. A
building or group of buildings comprising individual sleeping or
living units for the accommodation of transient guests for
compensation.
15.02.272. MULTIFAMILY TRANSITION AREA. A Multifamily
Transition Area is any portion of an MR -G, MR -M or MR -H Garden
Density, Medium Density or High Density Multifamily Residential
District situated within 100 feet of a Single -Family District,
and/or within 100 feet of a public street right-of-way.
Specifically excluded from this definition is property abutting a
right-of-way that will never be developed into a public street as
determined by the Kent Transportation Engineer, and which does not;
otherwise qualify as a Multifamily Transition Area. (0.2772, §1)
�t
15.02.275. NATURAL OR NATIVE AREAS. All or portions of
a parcel of land undisturbed by development, and maintained in a
manner which preserves the indigenous plant materials.
15.02.280. NET ACRE. The buildable area after the area
of street rights of way has been subtracted.
15.02.282. NONCONFORMING LOT OF RECORD. Any validly
recorded lot which at the time it was recorded fully complied with,
the applicable laws and ordinances but which does not fully comply'
with the lot requirements of this ordinance.
15.02.283. NONCONFORMING SIGN. Any sign legally estab-
lished prior to June 20, 1973 which is not in full compliance with
the regulations of this ordinance.
15.02.285. NONCONFORMING USE. The use of land, a
'I building or a structure lawfully existing as of June 20, 1973
which does not conform with the use regulations of the district in
which it is located on the effective date of such use regulations.
15.02.286. NONCONFORMITY. Any land use, structure, lot
of record or sign legally established prior to the effective date
of this code or subsequent amendment to it which would not be per
mitted by or is not in full compliance with the regulations of
this ordinance.
15.02.287. NORTHERN LOT LINE. A lot line or lines less
than 45 degrees southeast or southwest of a line drawn east -west
and intersecting the northernmost point of the lot. If the nor-
thern lot line adjoins any unbuildable area (e.g., streets,
alleys, public rights of way, parking lots, common areas) other
than required yard area, the northern lot line shall be that por-
tion of the northerly edge of the unbuildable area which is due
north from the actual northern lot line of the applicant's
property.
15.02.288. NORTH -SOUTH LOT DIMENSION. The average dis-
tance between lines from the corners of the northern lot line
south to a line drawn east -west and intersecting the southernmost
point of the lot.
15.02.290. NURSERY SCHOOL OR DAY CARE CENTERS.
Nurseries or day care centers shall mean any type of group day
careprograms, including nurseries for children of working
mothers, nursery schools for children under minimum age for
education in public schools, parent cooperative nursery schools,
playgroups for preschool children, programs covering after-school
care for school children, provided such establishment is licensed
by the State and conducted in accordance with State requirements.
15.02.295. OCCUPANCY. The purpose for which a building
is used or intended to be used. The term shall also include the
,building or room housing such use. Change of occupancy is not
intended to include change of tenants or proprietors.
- 12 -
j 15.02.300. OFFICIAL MAP. Maps showing the designation,
y location and boundaries of the various districts which have been
adopted and made a part of this code.
15.02.305. OPEN GREEN AREA. Landscaped areas and areas
of natural or native vegetation.
15.02.310. ORDINARY HIGH WATER MARK. Ordinary high
water mark on the Green River, Lake Fenwick, streams, marshes, and
swamps is that mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are
so common and usual, and so long continued in all ordinary years,
as to mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition existsi
on the effective date of this Chapter, or as it may naturally
change thereafter: PROVIDED, that in any area where the ordinary
high-water mark cannot be found the ordinary high-water mark shall
be the line of mean high water.
15.02.315. OUTSIDE STORAGE. All or part of a lot which
is used for the keeping of materials or products in an open,
uncovered yard or in an unwalled building. Such materials shall
not be for general public consumption or viewing. Such materials
shall include tractors, backhoes, heavy equipment, construction
materials and other similar items which detract from the appear-
ance of the zone in which they are located.
15.02.320. PARKING SPACE OR PARKING STALL. A parking
space is any off-street space intended for the use of vehicular
parking with ingress or egress to the space easily identifiable.
15.02.325. PARKING. TEMPORARY. Parking facilities
specifically designed to accommodate not less than 51 vehicles and
intended for public use for a period of not more than five (5)
years, subject to annual maintenance review by Engineering Depart
ment. Temporary parking shall not be in lieu of specified
off-street parking as required in Chapter 15.05, Off -Street
Parking and Loading Requirements.
15.02.330. PERFORMANCE STANDARDS. Regulations for the
control of "dangerous or objectionable elements" as defined in
Subsection 15.08.505 A.
15.02.334. PREEMPTED FACILITY. Any hazardous waste
facility defined as a preempted facility in RCW 70.105.010 or in
WAC 173-303. This may include any facility that includes as a
significant part of its activities any of the following hazardous
waste operations: a) landfill, b) incineration, c) land
treatment, d) surface impoundment to be closed as a landfill, or
e) waste pile to be closed as a landfill. (0.2808, §1)
15.02.335. PLANNED UNIT DEVELOPMENT. Planned Unit
Development is a residential development built under those provi-
sions of this code which permit departures from the conventional
siting, setback, and density requirements of other sections of
this code in the interest of achieving superior site development,
creating open space, and encouraging imaginative design by permit
ting design flexibility.
- 13 -
15.02.336. PARK, RIVERFRONT. A publicly -owned open
space which lies along the Green River, along a scenic and
recreational road. (0.2544, §6)
15 02.337. RAVINE. An area constituting a "young
;valley" which contains a major or minor creek. It includes the
,bottom land of the ravine and the ravine sidewalls to a point
where the slopes are less than fifteen (15) percent. See
following illustration.
15.02.338. RECREATIONAL VEHICLES. Motorized vehicles
that include a cabin for living accommodations and are commonly
J used for recreational travel and touring. Vehicles included in
this category come in several forms; travel trailers, tent
trailers and camping trailers, all of which must be towed by a
it car; and truck campers, motor homes and camper vans, all of which
P have the motor within the body of the vehicle.
Recreational vehicles may also include any motorized or
nonmotorized vehicle, boat, boat trailer, or other vehicle to be
used for recreational purposes.
15.02.339. ROAD SCENIC AND RECREATIONAL. Russell and
Frager Roads shall be designated as Scenic and Recreational Roads.
(0.2544, §2)
15.02.340. ROADSIDE STAND. A temporary structure
designed or used for the display or sale of agricultural products
primarily produced on the premises upon which such a stand is
located.
15.02.342. SEISMIC HAZARD AREAS.
A. Class 1 Seismic Hazard Areas. All areas of the
City, other than Class 2 or 3 seismic hazard areas. These areas
are areas where no development limitations are deemed necessary,
except where described under Chapter 15.04 - District Regulations.
B. Class 2 Seismic Hazard Areas. Class 2 seismic
Shazard areas means those areas where soils are characterized by
1 moderately well -drained alluvium and glacial outwash of moderate
density.
C. Class 3 Seismic Hazard Areas. Class 3 seismic
hazard areas means those areas subject to severe risk of
earthquake damage due to soils of low density, due to poorly
drained or impervious alluvium, due to highly saturated organic
material or due to slopes greater than fifteen (15) percent,
excluding those Alderwood gravelly sandy loam (AgD) soils located
on slopes less than twenty-five (25) percent overlying thick
sequences of Vashon till.
15.02.343. SERVICE USES OR ACTIVITIES. A business which
sells the knowledge or work of its people rather than a tangible
product.
15.02.344. SETBACK, AVERAGE. The average setback is the
mean or average depth of yard (setback) measured from the property
- 14 -
dine to the building. The average setback is computed along the
full length of the property line, utilizing a designated property
depth. (0.2772, §1)
15.02.345. SHOPPING CENTER. A retail shopping area
'!designed as a unit, which utilizes a common parking area.
15.02.350. SIGN. Any structure, device, letter, figure,
(character, poster, picture, trademark or reading matter which is
used or designed to announce, declare, demonstrate, display or
otherwise identify or advertise, or attract the attention of the
.public. However, a sign shall not include the following:
A. Official notices authorized by a court, public body
or public officer.
B. Direction, warning, or information sign authorized
Eby federal, state or municipal authority.
C. The official flag, emblem or insignia of a
government, school or religious group or agency.
D. Memorial plaque or tablet; "cornerstones" indicatingj
the name of a building and date of construction, when cut or
carved into any masonry surface or when made of bronze or other
incombustible material and made an integral part of the building
or structure.
15.02.355. SIGN AREA. The total area of all faces of a
sign expressed in square feet. Area is measured from the outside
perimeters (including backup, molding, framing, decorative scroll
work, etc.). The area of a group of individual mounted letters or
figures shall be the area of the geometric form necessary to
enclose same.
15.02.360. SIGN HEIGHT. The distance from ground level
to the highest point on the sign structure.
15.02.365. SIGN. ABANDONED. Any sign which has been
deserted and its effective use terminated, and which no longer
fulfills the purpose for which it was constructed.
15.02.370. SIGNS. ADVERTISING. A sign which directs
attention to a business, commodity or service or entertainment
sold or offered elsewhere than on the premises and only
incidentally on the premises.
15.02.375. SIGN. BUSINESS. A sign which directs
attention to a business, commodity, service or entertainment
conducted, sold or offered on the premises.
15.02.380. SIGN. CANOPY. A sign attached to the
underside of a canopy.
15.02.385. SIGN. CONSTRUCTION. A temporary sign placed'
in advance of occupancy of a building or structure indicating the
name of the building or structure, the architects, the
- 15 -
contractors, and other information regarding the building or
structure.
15.02.390. SIGNS DIRECTIONAL AND INFORMATIONAL. A sign
designated to guide or direct pedestrians or vehicles.
15.02.395. SIGN SH
FLAING. An illuminated sign with
j action or motion, light or color changes.
X5.02.400. SIGN FREESTANDING. A sign standing directly,
upon the ground or having one or more supports standing directly
upon the ground, and being detached from any building or structure.
15.02.405. SIGN GATE OR ENTRANCE. A sign attached or
adjacent to an entrance way of a residential site or subdivision
which identifies the site or subdivision.
15.02.410. SIGN IDENTIFICATION. A sign used only for
the purpose of identifying the occupancy of a building, structure
or property.
15.02.415. SIGN. ILLUMINATED. A sign designed to give
forth any artificial light or reflect such light from an artifi-
cial source.
i
15.02.420. SIGN INDIRECTLY ILLUMINATED. Illuminated
non -flashing sign whose illumination is derived entirely from an
external artificial source and is so arranged that no direct rays
of light are projected from such artificial source into residences:
or street.
15.02.425. SIGN INSTITUTIONAL. A sign used only for
the purpose of identifying an institution.
15.02.430. SIGN OFF -PREMISE. A sign not located on or',,
supported by a structure not located on the same premises as the
business, product, service or activity being identified or adver-
tised by such sign or an advertising sign.
15.02.435. SIGN ON -PREMISE. A sign identifying a busi
sold on the same
ness, product, service or activity conducted or
premises as that on which the sign is located.
15.02.440. SIGN PAINTED. A sign which is painted on
fence or structure of any kind.
any office, wall, window,
15.02.445. SIGN. POLITICAL. A sign advertising a candi-,
date for political office, or a measure scheduled for election.
15.02.450. SIGN. PORTABLE. A sign which is not perma-
nently affixed to the ground, or to a building or structure and
may be easily moved.
15.02.455. SIGN PROJECTING. A sign affixed to the
exterior wall of a building or structure with the exposed faces
perpendicular to the plane of said wall.
- 16 -
15.02.460. SIGN. ROOF. A sign attached to a building
which projects above the structure of the building. (This defini
tion refers to the architectural unity of a building or structure.)
15.02.465. SIGN ROTATING. A sign containing moving
parts.
15.02.470. SIGN SUBDIVISION. A sign erected and main-'
tained within the boundaries of a recorded subdivision and indi-
cating the name of the subdivision, the name of the contractor or,
subdivider, the name of the owner, or agent, and giving informa-
tion regarding directions, price or terms.
15.02.475. SIGN, TEMPORARY. A sign intended to
advertise community or civic projects, construction projects, real'
estate for sale or lease or other special events on a temporary
basis.
15.02.480. SIGN. WALL. A sign affixed to the exterior
wall of a building or structure with the exposed face of the sign
on a plane parallel to the plane of said wall.
15.02.485. SIGN, WINDOW. A sign painted on, affixed to,
or placed in an exterior window with the exposed face of the sign
on a plane parallel to the plane of said window.
15.02.487. SINGLE-FAMILY DISTRICT. A Single Family
zoning District is a zoning district with any of the following
designations: R1-20, R1-12, R1-9.6, R1-7.2, Single Family
Residential, and RA, Residential Agricultural. (0.2772, §1)
15.02.490. SITE COVERAGE. That portion of a lot covered
by buildings or structures.
15.02.495. SLOPE LINE. Defined as perpendicular to the'
contour lines crossing the property. The precise bearing or
heading of the slope line shall be determined by the Planning
Department.
15.02.496. SOLAR FACTOR. A number assigned to every lot
which is based on the lots north -south lot dimension and solar
slope as determined by Table 1, Section 15.08.234.
15.02.497. SOLAR SETBACK. A setback from
lot line equal to the distance between the northern
that point on grade immediately beneath the highest
producing point of a structure.
the northern
lot line and
shade
15.02.498. SOLAR SLOPE. The average of slope lines from,
the corners of the northern lot line south to a property line.
The slope of a single line is determined by dividing the vertical
distance between the two end points by the horizontal distance
between the same two points. North facing slopes will have a
negative (-) value. South facing slopes will have a positive (+)
value.
15.02.499. SOLID WASTE INCINERATOR. The processing of
solid wastes by means of pyrolysis, refuse -derived fuel, or mass
- 17 -
incineration within an enclosed structure. These processes may
include the recovery of energy resources from such waste or the
conversion of the energy in such wastes to more useful forms or
combinations thereof. This definition refers to City-wide or
regional scale operations and does not include solid waste
incineration which is accessory to an individual principal use.
(0.2786, §1)
15.02.500. SPECIAL PERMIT. A permit issued for uses
permitted in a district provided such use meets the standards as
required for such use.
15.02.501. SPECIAL TREES Trees significant due to
their size acre species and variety, or historical importance.
15.02.502. SPECIFIED ANATOMICAL AREAS.
1. Less than completely and opaquely covered human
'a genitals, pubic region, buttock, and female breast below a point
immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely covered. (0.2687, §2)
15.02.503. SPECIFIED SEXUAL ACTIVITIES.
1. Human genitals in a state of sexual stimulation
or arousal;
2. Acts of human masturbation, sexual intercourse
or sodomy;
3. Fondling or other erotic touching of human
genitals, pubic region, buttock, or female breast. (0.2687. §2)
15.02.505. STACKING SPACE. The space specifically
l designated as a waiting area for vehicles whose occupants will be
patronizing a drive-in business. Such space is considered to be
located directly alongside a drive-in window, facility, or
entrance used by patrons and in lanes leading up to and away from
the business establishment.
15.02.510. STRUCTURE. That which is built or
constructed; an edifice or building of any kind or any piece of
work composed of parts jointed together in some definite manner
j and includes posts for fences and signs, but does not include
mounds of earth or debris.
15.02.515. STORY. That portion of a building included
between the upper surface of any floor and the upper surface of
i' the floor next above, except that the topmost story shall be that
portion of a building included between the upper surface of the
i' topmost floor and the ceiling or roof above. If the
finished -floor level directly above a basement, cellar or unused
underfloor space is more than six feet above grade as defined
herein for more than fifty percent of the total perimeter or is
more than twelve feet above grade as defined herein at any point,
- 18 -
such basement cellar or unused underfloor space shall be con-
sidered as a story.
15.02.520. STREET. A public way thirty (30) feet or
more in right-of-way width which affords a primary means of access
to property.
15.02.525. TOWNHOUSE. Attached one or two-family dwel-
lings, having no side yard and sharing a common wall with adjacent
dwelling units.
15.02.527. TRADE, RETAIL. The sale or rental of goods
;and merchandise for final use or consumption.
15.02.528. TRANSITIONAL HOUSING. A facility operated
publicly or privately to provide housing for individuals and/or
families who are otherwise homeless and have no other immediate
living options available to them. Transitional housing shall not
exceed an 18 -month period per individual or family. (0.2832, §1)
15.02.529. TREE. Tree shall mean any living woody plant.
characterized by one main stem or trunk and many branches, and
having a diameter of six (6) inches or more measured at three (3)
feet above ground level.
15.02.529.5. UNDEVELOPED LAND A parcel of land which
does not have an inhabitable buildinct and/or the inhabited
buildings occupy no more than three percent of the total parcel
area.
15.02.530. UNIQUE AND FRAGILE AREA. An area of special
environmental significance for wildlife habitat, threatened plan
communities, and/or natural scenic quality. The geographic
boundaries of these areas are officially delineated on the "Hazard
''Area Development Limitations" map, referred to above in Exhibit A.
15.02.531. USE. An activity for which land or premises
or a building thereon is designed, arranged, intended, or for
which it is occupied or maintained, let or leased. (0.2832, §1)
15.02.532. USE, CHANGE OF. A change of use shall be
determined to have occurred when it is found that the general
character of the operation has been modified. This determination
shall include review of but not be limited to: 1) hours of opera-
tion, 2) materials processed or sold, 3) required parking, 4)
traffic generation, 5) impact on public utilities, 6) clientele,
and 7) general appearance and location.
15.02.534. USE, TEMPORARY. Any activity and/or
structure permitted under the provisions of Section 15.08.205 of
the Kent Zoning Code which is intended to exist or operate for a
limited period of time and which does not comply with zoning code
;development standards and requirements as specified for the zoning
(district in which it is located.
15.02.535. USED. The word "used" in the definition of
"Adult Motion Picture Theatre" herein, describes a continuing
course of conduct exhibiting "specific sexual activities" and
- 19 -
"specified anatomical areas" in a manner which appeals to a
prurient interest. (0.2687, §2)
15.02.536. VARIANCE. A modification of regulations of
1 this code when authorized by the Board of Adjustment after findin41
that the literal application of the provisions of the code would
cause undue and unnecessary hardship in view of certain facts and!
conditions applying to a specific parcel of property.
15.02.540. VEGETATION SHADING. This is vegetation
s planted on the south side of a major creek that generally provides,
shade from midmorning to midafternoon. Examples of shading vege
tation are specified in KCC 15.08.200, "Landscaping.
15.02.541. VEGETATIVE AID. Bark mulch, gravel and other,
nonvegetative materials which promote vegetative growth by
j retaining moisture or preventing weeds. These materials are not a
substitute for vegetative cover. (0.2832, §1)
15.02.545. VETERINARY CLINIC. Any premises to which
1 animals are brought, or where they are temporarily kept, solely
for the purpose of diagnosis or treatment of any illness or
injury, which does not have outdoor runs.
15.02.550. VETERINARY HOSPITAL. Any premises to which
i' animals are brought, or where they are temporarily kept, solely
for the purpose of diagnosis or treatment of any illness or
injury, which may have outdoor runs.
i
15.02.555. VIEW. An unrestricted angle of vision eman-,
ating from a location that qualifies as view property.
15.02.560. VIEW PROPERTY. Any property having a general:
Slope of 20 percent or more and that property located immediately'
upslope of such property for a distance of 100 feet in R1-7.2,
R1-9.6, and R1-12 zones and a distance of 200 feet in all other
zones, from the contour line where the slope becomes 20% or
greater.
15.02.565. YARDS. The land unoccupied or unobstructed,
from the ground upward, except for such encroachments as may be
permitted by this code, surrounding a building site.
15.02.570. YARD, FRONT. An open space, other than the
court, on the same lot with the building, between the front line
of the building (exclusive of steps) and the front property line
and including the full width of the lot to its side line.
15.02.575. YARD, REAR. An open space on the same line
with the building between the rear line of the building (exclusive
of steps, porches and accessory buildings) and the rear line of
the lot including the full width of the lot to its side lines.
15.02.580. YARD, SIDE. An open space on the same lot
with the building between the side wall line of the building and
the side line of the lot and extending from front yard to rear
yard. No portion of a structure shall project into any side yard
- 20 -
i
except cornices, canopies, eaves or other architectural features
! which may project 2 feet, 0 inches.
15.02.585. ZONING. The regulation of the use of privatel
lands or the manner of construction related thereto in the
interest of achieving a comprehensive plan of development. Such j
regulation shall also govern those public and quasi -public land
use and buildings which provide for proprietary -type services for,
the community's benefit as contrasted with governmental activi-
ties. Governmental activities are encouraged to cooperate under
these regulations to secure harmonious city development.
15.02.590. ZONING LOT. A tract of land occupied or to
be occupied by a principal building and its accessory facilities,
together with such open spaces and yards as are required under the
provisions of this code, having not less than the minimum area
required by this code for a zoning purpose in the district in
l' which such land is situated, and having its principal frontage on
a public street of standard width and improvement. A "zoning lot"
need not necessarily coincide with the "record lot" which refers
to land designated as a separate and distinct parcel on a legally
recorded subdivision plat or in a legally recorded deed filed in
the records of the County.
15.02.595. ZONING PERMIT. A certificate, issued prior
to a building permit, that the proposed use is in accordance with
the requirements and standards of this code.
Section 2. Kent City Zoning Code Chapter 15.08.240 is
amended as follows:
15.08.240. PRESERVATION OF TREES.
A----Pt�rueee---the-pt�rpeee-ef-tke-eeeten-e-te-regt��ate
the-}eeat�en-end-dens�t�*-ef-dente}epYnent-based-t�pen-the-extetenee
`, ef-forests,--Weed�ande;-sepses-and-freeeteend�ng-trees-ef-e�gn�f�-
sent-ease-en-ttndeve�eped-property---Preeer*aet�en-ef-trees-tkret�gk
the-estetb}4ehxlCnt-e f-fereet-pretest en-sense-te-enknnee-the-phye -
':� eat-env�renment-�e-an-adopted-pe��e�r-ef-the-rent-2emprehene�ve
' Peen --
A. Purpose Retention of significant trees as required,
by this section is necessary to maintain and protect property
values to enhance the visual appearance of the City, to preserve
the natural wooded character of the area to promote utilization
of natural systems to reduce the impacts of development on the
storm drainage s stem and to Drovide a transition between variousi
land uses in the City.
B. Regulations. Application of regulations for the
preventien-e#-the-destruet+en-ef-trees.- preservation of significant
trees:
1. On all undeveloped property in the City of
Kent, all trees of a six-inch caliper or greater shall be retained
on the property where they are growing.
- 21 -
2. Where it is not feasible to retain all trees on
site due to the proposed development, a site specific tree plan,
drawn to scale, shall be prepared. The tree plan shall indicate
the precise location of all trees of six-inch diameter or greater
on the site, in relation to proposed buildings, streets, parking
areas, storm drainage facilities and utilities. Trees to be
retained pursuant to this code shall lbermarked by,encircling fthe
cienz vu Lwas h++ - ----
Trees to be retained shall be protected during construction and
the drip line shall be delineated with boundary markers. No grad
changes or storage of materials shall be allowed within the tree
drip line Drainage patterns shall not be significantly altered
that may be detrimental to the subiect trees.
3. The tree plan shall be submitted to the Kent Plan-
ning Department for their review prior to the issuance of a zoning
or building permit.
4. The Planning Department shall review the tree plan
in relation to the proposed development and make a determination
of which trees will be permitted to be removed.
5. The Planning Department may cause a modification of
the development plan to ensure the retainage retention of the
maximum number of trees. Should the applicant elect to alter the
development plan in order to preserve special trees or wooded
areas in an natural state the Planning Director may waive
specific requirements to allow for flexibility -and innovation of
design.
6. There shall be no clear cutting of trees of six L6).
inch ealiper diameter or greater on a -site undeveloped land for
the sake purpose of preparing that site for future development.
(0.2245, §1; 0.2452, §1)
C. Enforcement Illegal removal and restoration of trees.
1. Trees removed illegally from undeveloped land or
trees designated for retention which are damaged or destroyed
shall be replaced as follows:
a. One existing tree at six (6) inch diameter
shall be replaced by two (2) new trees.
b. For each additional three (3) inches of
diameter one new replacement of tree shall be added.. -up to a
maximum of six (6) trees.
e. Replacement deciduous trees shall be at
shall be at least twelve 112) feet in height.
Section 3.
amended as follows:
Kent City Zoning Code Chapter 15.09.100 is
- 22 -
15.09.100. VIOLATIONS.
A. Complaints Regarding Violations. Whenever a violation
of this Code occurs, or is alleged to have occurred, any person
may file a written complaint. Such complaint stating fully the
causes and basis thereof shall be filed with the Planning
Department. The Planning Department shall record properly such
complaint, immediately investigate, and take action thereon as
provided by this Code.
B. Penalties for Violation. Violation of the provisions
of this Code or failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with grants of variances or special exceptions) shall
constitute a misdemeanor. Any person who violates this code or
fails to comply with any of its requirements shall upon conviction
thereof be fined not more than one hundred (100) dollars or
imprisoned for not more than thirty (30) days, or both, and in
addition, shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate
offense.
The owner or tenant of any building, structure,
premises, or part thereof, and any architect, builder, contractor,
agent or other person who commits, participates in, assists in, or
maintains such violation may each be found guilty of a separate
offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or
remedy any violation.
C. Continued Enforcement. Whenever a hazardous substance
land use is determined to be in violation of this Code, the City
Attorney may order the violator to remove the violation within a
specified period of time. In the event that the City Attorney,
Fire Department Chief, or their designee determines there is
imminent danger to public health, safety, or welfare or to
environment, the City may take immediate action to remove the
violation. In such event the violator shall be liable to the City
for all costs and penalties associated with the investigation,
detection, removal and cleanup of the violation. In the event of
collection action by the City to collect such costs, the violator
shall be required to pay all legal costs and fees, including
reasonable attorney fees. (0.2801, §19)
D. Stop Work Notice. Whenever any work is being done or
site is being occupied contrary to the provisions of the Kent
Zoning Code, the Planning Director or Designated Representative
may order the work stopped or site be vacated by notice in writing
served on any person engaged in the doing or causing of such work
to be done or site to be occupied and any such person shall
forthwith stop such work or site occupation until authorized by
the Planning Director or Designated Representative to proceed.
- 23 -
Section 4. Effective Date- This ordinance shall take
effect and be in force thirty (30)\ days from the time of its final
passage as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
MARIE JENSE , ITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
PASSED the day of
APPROVED the _day of
PUBLISHED the day of
1990.
1990.
I hereby certify that this is a true copy of Ordinance
No.c� 9--1�11 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
8650-300
(SEAL)
MARIE JET E, CITY CLERK
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