HomeMy WebLinkAbout2468Ordinance No. 2468
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Secs. 15.02.283, 15.02.285, & 15.08.100 Amended by Ord. 3409;
Sec. 15.08.100 (E) Amended by Ord. 3521
ORDINANCE NO,�-? �o
AN ORDINANCE of the City of Kent,
Washington relating to zoning; amending Kent
City Code sections 15.02.105 - Development
Standards, 15.02.285 - Nonconforming Use,
15.08.100 - Nonconforming Uses; repealing
Section 15.06.060 - Nonconforming Signs and
Amortization; and adding Sections 15.02.107 -
Discontinuance, 15.02.257 - Major Nonconforming
Buildings/Structures, 15.02.258 - Minor
Nonconforming Buildings/Structures, 15.02.282 -
Nonconforming Lots of Record, 15.02.283 -
Nonconforming Sign, 15.02.286 - Nonconformity,
and 15.02.531 - Use, Change of.
THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 15.02.105 of the Kent City Code is
amended as follows:
15.02.105 DEVELOPMENT STANDARDS
Regulations including but not limited ((pe_`___n_~g)) to
setbacks, landscaping, screening, height, site coverage, signs,
building layout, parking and site design and related features of
land use.
Section 2. Section 15.02.285 of the Kent City Code is
amended as follows:
15.02..285 NONCONFORMING USE
The use of land, a building or a structure lawfully
existing ((at the -time —ef adeption of this Bede)) 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.
Section 3. Section 15.08.100 of the Kent City Code is
amended as follows:
15.08.100 NONCONFORMING ((--)) DEVELOPMENT
A. ((Established Use
PURPOSE: The intent and purpose of these provisions are:
1. To assure reasonable opportunity for use of legally
created lots which do not meet current minimum requirements for
the district in which they are located.
2. To assure reasonable opportunity for use, mainte-
nance, and improvement of legally constructed buildings, struc-
tures, and site development features which do not comply with
current minimum requirements for the district in which they are
located.
3. To assure reasonable opportunity for continuation of
legally established uses which do not conform to use regulations
for the district in which they are located.
4. Encourage the eventual replacement
of nonconforming uses having potentially undesirable
impacts on conforming uses.
5. Encourage the eventual upgrading
of nonconforming buildings, structures, and site
development features which do not comply with current minimum
requirements for the district in which they are located.
B. APPLICABILITY
Nonconforming uses, structures, lots or signs are
not favored by law and this code and it is to avoid injustice that
this code accepts such elements. To benefit from the protection
given to nonconforming development, such use, structure, lot or
sign must have been lawfully established prior to June 20, 1973 or
pursuant to a county resolution in effect at the time of annexa-
tion which rendered it nonconforming. This section distinguishes
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between and defines nonconforming uses, major nonconforming
buildings/structures, minor nonconforming buildings/structures,
nonconforming lots of record, and non -conforming signs. Different
requirements are made applicable to each of these categories. The
degree of restriction made applicable to each separate category is
dependent upon the degree to which that category of nonconformance
is a nuisance or incompatible with the purpose and requirements of
this code.
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C. NONCONFORMING USES
1. Restrictions. Regulations applicable to non-
conforming uses are in addition to regulations applicable to non-
conforming structures, lots and signs, and in the event of any
conflict the most restrictive provision shall apply.
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2. Expansion of Nonconforming Uses. No existing
building, structure, or land devoted to a nonconforming use shall
be expanded, enlarged, extended, reconstructed, intensified, or
structurally altered unless the use thereof is changed to a use
permitted in the district in which such building/structure, or
land is located except as follows:
a. When authorized by Conditional Use Permit,
a nonconforming use may be expanded, enlarged, extended, recon-
structed, intensified, or structurally altered on land under the
same ownership as of January 1, 1984.
3. Change of Nonconforming Use. When authorized
by the Planning Director, a nonconforming use may be changed to a
use of a like or more restrictive nature.
4. Extension of Nonconforming Uses. When author-
ized by the Planning Director, a nonconforming use may be extended
throughout those parts of a building which were manifestly
designed or arranged for such use prior to the date when such use
of such building became nonconforming if no structural alterations
except those required by law are made therein.
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5. Discontinuance of Nonconforming Uses. When a
nonconforming use of land or a nonconforming use of all or part of
a structure is discontinued or abandoned for a period of six (6)
months, such use shall not be resumed, not withstanding any
reserved intent not to abandon such use. Normal, seasonal cessa-
tion of use, or temporary discontinuance for purposes of mainte-
nance or improvements shall not be included in determination of
the six month period of discontinuance.
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6. Reversion of a Nonconforming Use. If a noncon-
forming use is changed toa permitted use, the nonconforming use
shall not be resumed.
7. Residential Exception to Nonconforming Use
Status. Legally established residential uses located in any
residential zoning district and in existence as of January 1, 1984
shall not be deemed nonconforming in terms of density provisions
and shall be a legal use.
D. NONCONFORMING BUILDINGS/STRUCTURES
1. Restrictions. Regulations applicable to non-
conforming structures are in addition to regulations applicable to
nonconforming uses, lots and signs and in the event of any
conflict, the most restrictive provisions shall apply.
2. Major Nonconforming Buildings/Structures. No
major nonconforming structure may be expanded, enlarged, extended,
reconstructed, or otherwise structurally altered or changed nor
may any major nonconforming building, structure or lot be occupied
after discontinuance or change in use unless said structure, use
and associated grounds, and development are brought into
compliance with use and minimum development standards of the
district in which such structure is located except as follows:
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a. Any major nonconforming structure damaged
by fire, flood, explosion, wind, earthquake, war, riot, or other
natural disaster, and where cost of restoration exceeds fifty (50)
percent of the fair market value of the structure at the time of
damage, shall not be restored or reconstructed and used as before
such happening; however, where cost of restoration does not exceed
fifty (50) percent of the fair market value of the structure at
the time of damage, the structure may be restored, reconstructed
and used as before, provided that the work be completed within one
(1) year of such happening.
b. Such repairs and maintenance work as
required to keep the structure in sound condition may be made to a
major nonconforming structure provided no such structural altera-
tions shall be made except such as are required by law or
ordinance or authorized by the Planning Director.
3. Minor Nonconforming Buildings/Structures. No
minor nonconforming structure may be expanded, enlarged, extended,
reconstructued, or otherwise structurally altered or changed nor
may any minor nonconforming building, structure or lot be occupied
after discontinuance or change in use unless said structure and
associated grounds, and development are brought into compliance
with the minimum development standards of the district in which
such structure is located, except as follows:
a. Any minor nonconforming structure damaged
by fire, flood, explosion, wind, earthquake, war, riot, or other
natural disaster, and where the cost of restoration exceeds fifty
(50) percent of the fair market value of the structure at the time
of damage, shall not be restored or reconstructed and used as
before such happening; however, where cost of restoration does not
exceed fifty (50) percent of the fair market value of the struc-
ture at the time of damage, it may be restored, reconstructed and
used as before, provided that it be completed within one (1) year
of such happening.
b. Such repairs and maintenance work as
required to keep it in sound condition may be made to a minor non-
conforming structure provided no such structural alterations shall
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be made except such as are required by law or ordinance or
authorized by the Planning Director.
4. Planning Directors Authority: The Planning
Director may waive specific development standard requirements
and/or impose additional requirements when all the following
criteria are met:
i. Owing to special circumstances a
literal enforcement of the provisions of the Zoning Code or other
land use regulatory ordinances of the City will result in
unnecessary hardship.
ii. The waiver of development
requirements is in harmony with the purpose and intent of City
ordinances and the Comprehensive Plan.
iii. The proposed use, building, and
development will function without adverse impact upon adjacent
property, development in the area or the city as a whole.
iv. (When) A Conditional Use Permit is
not required.
E.
NONCONFORMING LOTS
1. Restrictions. Regulations applicable to non-
conforming lots are in addition to the regulations applicable to
nonconforming uses, structures and signs, and in the event of
conflict, the most restrictive provisions shall apply.
2. Nonconforming Lots of Record
a. Residential districts. In any district in
which single family dwellings are permitted, a single family
dwelling and customary accessory buildings may be erected on any
single lot of record as of June 20, 1973, notwithstanding limita-
tions imposed by other provisions of this code. Such lot must be
in separate ownership and not of continuous frontage with other
lots in the same ownership. This provision shall apply even
though such lot fails to meet the requirements for area and/or
width that are generally applicable in the district, provided that
yard dimensions and requirements other than those applying to area
and/or width of the lot shall conform to the regulations for the
district in which such lot is located.
If two or more lots or combinations of lots and
portions of lots with continuous frontage in single ownership are
of record prior to June 20, 1973, and if all or part of the lots
do not meet the minimum requirements established for lot width and
area, the land involved shall be considered to be an undivided
parcel for the purposes of this code, and no portion of said
parcel shall be used or sold in a manner which diminishes compli-
ance with lot width and area requirements established by this
code, nor shall any division of any parcel be made which creates a
lot with width or area below the requirements stated in this code.
b. Other districts. In any other district,
permitted building and structures may be constructed on a noncon-
forming lot of record, provided site coverage, Yard, landscaping
and off-street parking requirements are met. Such lots must be in
separate ownership and not of continuous frontage with other lots
in the same ownership prior to June 20, 1973 and if all or part of
the lots do not meet the minimum requirements established for lot
width and area, the land involved shall be considered to be an
undivided parcel for the purposes of this code, and no portion of
said parcel shall be used or sold in a manner which diminishes
compliance with lot width and area requirements established by
this code, nor shall any division of any parcel be made which
creates a lot with width or area below the requirements stated in
this code.
F. NONCONFORMING SIGNS
1. Restrictions. Regulations applicable to non-
conforming signs are in addition to regulations applicable to non-
conforming uses, structures and lots, and in the event of conflict
the most restrictive provisions shall apply.
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2. Nonconforming Signs
a. Signs that were legally existing as of
June 20, 1973 that do not conform to these regulations shall be
considered nonconforming signs. Nonconforming signs may not be
moved, relocated, altered or added to without receiving approval
from the Planning Department.
b. No sign permit shall be issued to allow
legal signs on property having an illegal or nonconforming sign
until such time as the nonconforming or illegal sign(s) is
modified to conform to this code.
3. Amortization Period of Nonconforming Signs
ninety (90) days.
a. Abandoned signs. Must be removed within
b. Number and type of signs. The number and
type of allowable signs for each occupancy must conform to the
regulations of this code by January 1, 1988.
Section 4. Section 15.06.060 of the Kent City Code is
repealed in its entirety.
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Section 5. A new Section 15.02.107 is added to the Kent
City Code as follows:
15.02.107 DISCONTINUANCE
The abandonment or nonuse of a building, structure, sign
and/or lot for a period of six (6) months.
Section 6. A new Section 15.02.257 is added to the Kent
City Code as follows:
15.02.257 MAJOR NONCONFORMING BUILDING/STRUCTURE
Any nonconforming building or structure located on a
parcel which at any point borders or is in a residential district
and which is not in compliance with the minimum development
standards of the district in which it is located.
Section 7. A new Section 15.02.258 is added to the Kent
City Code as follows:
15.02.258 MINOR NONCONFORMING BUILDING/STRUCTURE
Any nonconforming building or structure which is not a
major nonconforming structure and which is not in compliance with
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the minimum development standards of the district in which it is
Section 8. A new Section 15.02.282 is added to the Kent
City Code as follows:
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.
Section 9. A new Section 15.02.283 is added to the Kent
City Code as follows:
15.02.283 NONCONFORMING SIGN
Any sign legally established prior to June 20, 1973 which
is not in full compliance with the regulations of this ordinance.
Section 10. A new Section 15.02.286 is added to the Kent
City Code as follows:
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 permitted by or is not in full
compliance with the regulations of this ordinance.
Section 11. A new Section 15.02.531 is added to the Kent
City Code as follows:
15.02.531 USE, CHANGE OF
A chance 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 operation, 2) materials processed or sold,
3) required parking, 4) traffic generation, 5) impact on public
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utilities, 6) clientele, and 7) general appearance and location.
Section 12. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any
clause, sentence, paragraph, subdivisions, section or portion of
this ordinance, or the invalidity of the application thereof to
any person or circumstance shall not affect the validity of the
remainder of the ordinance, or the validity or its application to
other persons or circumstances.
Section 13. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
HOGAN, MAYO.7#F
ATTEST:
MARIE aBDISEN, CITY CLERK
APPROVED AS TO FORM:
P. STEPVCN DiJULIO, ITY ATTORNEY
PASSED the day
of
1984.
APPROVED the / % day
of
1984.
PUBLISHED thea_ day
of
1984.
I hereby certify that this is a true copy of Ordinance
No. C>� L�' F, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
(SEAL)
MARIE JE N, CITY CLERK
1160B -183A
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