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HomeMy WebLinkAbout2806Ordinance No. 2806 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) CFN=131 — Zoning Codes Passed —10/18/1988 Hearing Examiner discretion in approving, denying or conditioning exceptions Amended by Ords. 3424;3600;3752 ORDINANCE NC. AN ORDINANCE of the City of Kent, Washington, relating tc lard use and zoning, a.uthcrizing the Hearing Examiner's discretion in approving, denying or conditioning exceptions tc certain cevelcpment standards when considering a ccrditicnal use permit, and amending Kent City Ccce 15.09.030.E. WHEREAS, on July 25, 1988.the Kent Planning Coiemission proposed that the Hearing Examiner to given discretion ir approving, modifying or cerying ccrcitional exceptions tc development stancares, inclucinc height of unique structures, signage, and setbacks, when a conditional use permit is required in order to allow the cppertur.i.ty tc have one quasi-judicial body review all of the same requests; arc WHEREAS, or Septemter 20, 1988, the Kent City Council. Planning Committee recommences approval of this amendment; arc WHEREAS, the Kent City Ccurcil fines that public necessity and convenience arc the aer,eral welfare require this amendment; NCP, THERFFCRE:, THE CITY COUNCIL CF THE. CITY CF KENT, WASHINGTON DCES HEREBY ORDAIN AS FCLLOWS: Section 1. Secticr 15.09.030 of the Kent City Code is amencec as follows: 15.09.030. CONDITICNAL USES. A. Purpose. 1. Conditional use permits, revocak:le, conditional i 'or valid for a time period may Le issued by the Hearing Examiner i lfor any cf the uses cr purposes for which such permits are `,required cr permittee by the terms cf this Ccde. The purpose of the conditional use permit is to allow the proper integration into the community of uses which may he suitable only on certain canditicns in specific lccaticns in a zoning district, or if the 11 jsite is regulated it a particular manner. 2. Pry use existing at the time of adoption of this code which is within the scope of uses permitted by a conditional use permit in the district in which the property is situated shall be deemed a conforming use without necessity of a corditional use permit. 3. Any expan:ien of an existing conditional use may be required to apply for a new conditional use permit if the Planning Director fines that therE is a charge in the nature cf the use by such expansion. E. Application. Me ewrer or his agent may make application for a conditional use permit which shall be on a form, f prescribed by the Planning Department and filed with the Planning Department. Said application shall be submitted at least forty-five (45) days prior tc the next regularly scheduled public hearing date, and shall be heard by the hearing Examiner within ore hundred (100) days of the date cf said application--prcvidec, however, that this period may re extended in any case for which an environmental impact statement is required. 1. Development plans shall be submitted drawn, to scale, showing the actual dimensions and shape of the lot tc he built upon; the exact sizes anc lccaticns on the lot of buildings already existing,, if any, and the location on the lot of the proposed building or alteration. Eaic plans shall show proposed landscaping, off-street parking, signs, ingress and egress and adjacent lard uses. The plan shall include other information as may he recuired by the Planning, Eepartment. C. Public hearing. The hearing Examiner shall hold a public hearing on any prcpcsec conditional use, and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. - 2 - 1. Notice shall be given to all property owners within a radius of at least two hundred (200) feet and, when determined by the Planning Director, a greater distance of the ,exterior boundaries of the property subject of the application. Such notice to be sent ten (10) dais Fricr to the public hearing. a. The failure of any property owner to receive said notice of hearing will not invalidate the proceedings. 2. Public notices shall be posted in three conspicuous places or or adjacent to the property subject of the application at least ten (10) days prier to the date of the public hearing. D. Standards and Criteria for Cranting a Conditional Use Permit. A conditional use pernit shall only he granted after the Hearing Examiner has reviewed the proposed use to determine if, it complies with the standards and criteria lister below. A conditional use permit shall only tE grantee, if such finding is made. 1. The prcpcsec use in the proposed location will not be detrimental to other uses locally existing or permittee outright in the zoning c'istrict. 2. The size of the site is adequate for the proposed use. 3. The traffic generated by the proposed use will „not unduly burden the traffic circulation system in the vicinity. 4. The other perfernance characteristics of the proposed use are compatible with those of other uses in the neigh- borhood or vicinity. 5. P.decuate suffering devices such as fencing, landscaping, or topographic charactEristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects. - 3 - 6. The other uses in the vicinity of the proposec site are such as to permit the proposed use to function effectively. i. The proposed use complies with the performance standards, parking requirements and other applicatle provisions of this code. 6. Arty other similar corsiceraticns that may to appropriate to a particular case. E. Action. of Hearina Exariner. Special conditions may to imposec on the proposed development to insure that the proposec use will meet the star.cares arc criteria cf Section. 15.09.030 subsection D in granting a conditional use permit. Guarantees and evidence that such ccnciticrs are teinq ccmpliec with may to ]required. If the proposal also involver the requirement tc obtain exceptions tc develo,mer.t standards, the Hearing Examiner m«y approve, mccify or deny conditional exceptions to those cevelo rent st.anda.res, inclu6ir9 height, unique structures, signage, arc settacks when ccnsicerire a ccnciticral use pernit application fcr that same proposal. cecti.cn 2. Effective Date. This ordinance shall take ,ieffect and to in force five (5) says from and after its passage, approval and publicatior as provided ty lay. AN KELLEHER, MAYOR ATTEST: MARIE JE' -,:'.N, CI Y CLERK - 4 - APPROVED AS TO FGPY: SA14DRA DRISCCLL, CITY ATTORNEY PASSED the day of +l. -,x ' , 1988. ' APPROVED the ��`-rcay of 1988. i 'PUBLISHED the:-. day of 'a�', , 1988. I herety certify that this is a true copy of Crcir,ance '!No. �' �7 , passed ty the City Ccuncil of the City of Kent, Washington, anc approvec ty the Naycr of the City of Kent as hereon indicates. (SEAL) i P�iARIE J NSE�NCITt CLERK 6160-23C J