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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 - 2 - 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. t!t�-----------�.-- ����.[.l�L l�l_.�4�5�.■ 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. - 3 - 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. uFe eF Z ca x--- ceases feF a- peiiied of sim--(6-) menths 9E 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. - 5 - 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: - 6 - 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 - 7 - 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. - 10 - 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. - Number ef signs peF e:eeupaney the et;;A:har--Af 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 - 12 - 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 - 13 - 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 - 14 -