HomeMy WebLinkAbout2801Ordinance No. 2801
(Amending or Repealing Ordinances)
CFN=131 - Zoning Codes
Passed — 9/6/1988
Land Use Zones in which Hazardous Waste Treatment & Storage Facilities
will be Allowed as Permitted Use
Recodifying Secs. 15.02.175;15.02180
Adding Secs 15.02.097;15.02.98;15.02.133;15.02.175 thru 15.02.182
amending Secs. 15.04.005;15.04.010;15.04.015;15.04.090;15.04.100;
15.04.110;15.04.120;15.04.130;15 04.140;15.04.150;15.04.160;
15.04.170;15.04.180;15.04.190;15.04.200;15.08.020;15.08.050;15.09.100
Amended
by Ord.
3409
Amended
by
Ord.
3439
Amended
by
Ord.
3507
Amended
by
Ord.
3691
Amended
by
Ord.
3700
Amended
by
Ord.
3916
Amended
by
Ord.
4003
(repealed Sec. 15.04; amended Sec. 15.08.020)
(Sec.
15.08.020)
(Sec.
15.08.050)
{Sec.
15.08.050(D)(9)1
{Sec.
15.08.050(D)(9)1
(Sec.
15.08.050)
(Sec.
15.08.020;15.08.050)
" B
3 a3 r O�-01--
ORDINANCE NO. ' ">
(� AN ORDINANCE of the City of Kent,
DWashington, amending the Kent Zoning Code to
meet requirements of State Legislation to land
use zones in which hazardous waste treatment
and storage facilities will be allowed as
permitted use, for the addition of new
definitions, siting criteria, performance
standard and permitted uses to the commercial,
industrial and agricultural zones, recodifying
Sections 15.02.175 and 15.02.180, adding
sections 15.02.097, 15.02.98, 15.02.133,
!� P-9 15.02.175 through 15.02.182, amending
15.04.005, 15.04.010, 15.04.015, 15.04.090,
(� 15.04.100, 15.04.110, 15.04.120, 15.04.130,
15.04.140, 15.04.150, 15.04.160, 15.04.160,
c�'13 15.04.170, 15.04.180, 15.04.190, 15.04.200,
15.08.020, 15.08.050 and 15.09.100
6 n�A� WHEREAS, the City of Kent has enacted a zoning code
1;��',� recognizing that there is a continuing need to regulate the use of
( land to promote the public health, safety and general welfare, and
recognizing the opportunities to obtain an urban environment of
IS -64.10 high quality without unduly high public or private expenditures
" for development and without unreascnably restricting private
s' $ enterprise or initiative; and
WHEREAS, the Washington State legislature has recently
directed local governments to address zoning concerns relating to
J hazardous waste treatment and storage; NOW THEREFORE
,f
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
X, HEREBY ORDAIN AS FOLLOWS:
6(� Section 1. Kent City Zoning Code Chapter 15.02 is
amended by recodifying Section 15.02.175, and Section 15.02.180;
5 G and by adding Sections 15.02.097, 15.02.098, 15.02.133, 15.02.175,
•� ,� 15.02.176, 15.02.177, 15.02.178, 15.02.179, 15.02.180, 15.02.181,
and 15.02.182, as follows:
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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,
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. (C.2687, §2)
15.02.007. ADULT MOTION PICTURE THEATRE. An Adult
Motion Picture Theatre is an enclosed buildina used for presenting
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. (C.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, and adult bookstores as defined herein.
(0.2687, §2)
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
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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 or private way not
more than thirty (30) feet wide affording only secondary means of
access to abutting property.
15.02.020. APARTMENT. A dwelling unit in a multifamily
building.
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
tune-up, adjusting lights, brakes, supply and installing
replacement parts to passenger vehicles and trucks.
15.02.035. AUTCMOPILE 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 PCW 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-
ported 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.
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15.02.075. CCMPREHENSIVE PLAN. The plans, maps, reports
which have been adopted by the City Council in accordance with RCW
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.
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 or
route as formed by nature, or as altered by human activity and
generally consisting of a channel with a bed, banks, or sides sub-
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 in
WAC 173-303-070 through 173-303-103 as dangerous wastes. This
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:
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A. have short-lived, toxic properties that may cause
death, injury, or illness or have mutagenic, teratogenic, or
carcinogenic properties or
H. are corrosive, explosive, flammable, or may generate
pressure through decomposition or other means.
A moderate risk waste is not a dangerous waste.
15.02.098. DESIGNATED ZONE FACILITY. Any hazardous
waste facility that requires an interim or final status permit
under rules adopted under Chapter 70.105 RCW and Chapter 173-303
WAC and that is not a "preempted facility" as defined in RCW
70.105.010 or in WAC 173-303; a hazardous waste treatment and/or
storage facility is a designated zone facility.
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 of
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
that are located above the
areas
f inish
associated with loading doors
grade. (0.2740, S1)
15.02.112. DRAINAGE DITCHES. A manmade channel with a
bed, bank or sides which discharges surface waters into a major or
minor creek, lake, pond or wetland.
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,
- 5 -
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.
B. Class Erosion Hazard Areas. All soils mapped by the
Soil Conservation Service 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 anv dangerous waste which
A. will persist in a hazardous form for several years
or more at a disoosal site and which in its cersistent 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.
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 chair, -link fence with woven slats in
every row or available space of the fence.
15.02.145. FENCE --l-0-0-1i SIGHT OESCURING. 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.
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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 growinq 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.)
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.
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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.
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
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treatment and/or storage facilities must maintain at least a 50
foot buffer zone.
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.
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.
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.
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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.
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.
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.
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.
15.02.185. 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.
15.02.187. HIGHEST SHADE PRODUCING POINT. The point of
a structure which casts the longest shadow at noon on January 21.
- 8 -
r
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,
nonprofit 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
share of the common property and (c) a charge if unpaid, becomes a
lien against the property.
15.02.200. HCTEL. 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, iraca-
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
motor 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.
- 9 -
B. Class 2
greater with permeable
gravel) to base level.
Landslide Areas. Slopes of 15 percent or
subsurface material (predominately sand and
C. Class 3 Landslide Areas. Class 3 landslide hazard
areas means those areas subject to a severe risk of landslide, due
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.
15.02.240. LOT LINES. The property lines bounding the
lot.
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. Vlidth 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)
- 10 -
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
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 lot
or parcel described by metes and bounds, the description of which
has 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
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.
15.02.258. MINOR NONCONFORMING BUILDING/STRUCTURE. Any
nonconforming building or structure which is not a major noncon-
forming 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.
15.02.270. 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.
15.02.275. 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
recorded lot which at the time it
the applicable laws and ordinances
with the lot requirements of this
LCT OF RECORD. Any validly
was recorded fully complied with
but which does not fully comply
ordinance.
15.02.283. NCNCCNFORMING 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
building or a structure lawfully existing as of June 20, 1973
which does not conform with the use regulations of the district ir
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
care programs, 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.
location
adopted
15.02.300. OFFICIAL MAP
and boundaries
and made a part
Maps showing the designation,
of the various districts which have been
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 exists
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.
- 12 -
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.
15.02.335. 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.
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
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
car; and truck campers, motor homes and camper vans, all of which
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
- 13 -
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
hazard areas means those areas where soils are characterized by
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 CR ACTIVITIES. A business which
sells the knowledge or work of its people rather than a tangible
product.
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
by 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" indicating
the name of a building and date of construction, when cut or
carved into any masonry surface cr 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.
- 14 -
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
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, FLASHING. An illuminated sign with
action or motion, light or color changes.
15.02.400. 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.
15.02.420. SIGN, INDIRECTLY ILLUMINATED. Illuminated
nonflashing 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 -
15.02.435. SIGN, ON -PREMISE. A sian identifying a busi-
ness, product, service or activity conductedorsold on the same
premises as that on which the sign is located.
15.02.440. SIGN, PAINTED. A sign which is painted on
any office, wall, window, fence or structure of any kind.
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.
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, RCTATINC. 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.
15.02.490. SITE COVERAGE. That portion of a lot covered
by buildings or structures.
15.02.495. SLOPE
contour lines crossing the
heading of the slope line
Department.
LINE. Defined as perpendicular to the
property. The precise bearing or
shall be determined by the Planning
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 the northern
lot line equal to the distance between the northern lot line and
that point on grade immediately beneath the highest shade
producing point of a structure.
- 16 -
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.
15.02.500. SPECIAL PERMIT. A permit issued for uses
permitted in a district provided such use meets the standards as
required for such use.
15.02.502. SPECIFIED ANATOMICAL AREAS.
1. Less than completely and opaquely covered human
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
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
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
the floor next above, except that the topmost story shall be that
portion of a building included between the upper surface of the
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,
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.
- 17 -
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. 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. 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.
15.02.530. 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.
15.02.531. 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.
15.02.533. 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.
15.02.534. USED. The word "used" in the definition of
"Adult Motion Picture 'Theatre" herein, describes a continuing
course of conduct exhibiting "specific sexual activities" and
"specified anatomical areas" in a manner which appeals to a
prurient interest. (0.2687, §2)
15.02.535. VARIANCE. A modification of regulations of
this code when authorized by the Board of Adjustment after finding
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.
15.02.539. VEGETATICN, SHADING. This is vegetation
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."
15.02.540. VEGETATIVE AID. Bark mulch, gravel and other
nonvegetative materials which promote vegetative _growth by
retaining moisture or preventing weeds. These materials are not a
substitute for vegetative cover.
15.02.545. VETERINARY CLINIC. Any premises to which
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
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.
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
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 private
lands or the manner of construction related thereto in the
interest of achieving a comprehensive plan of development. Such
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
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
- 19 -
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 Section 15.04.005 is
amended as follows:
15.04.005. AGRICULTURAL - A-1. Purpose: The stated
goal of the City is to preserve prime agricultural land in the
Green River Valley as a nonrenewable resource. The agriculture
zone shall actively encourage the concentration of agricultural
uses in areas where incompatibility with urban uses will be
minimal to aid in the implementation of those goals. Further,
such classification of prime agricultural land thus recognizes and
encourages farming activity as a viable sector of the local
economy.
A. Principally Permitted Uses.
1. Agricultural uses, including any customary
agricultural building or structure, such as planting, cultivation
and harvesting of crops, animal husbandry, nurseries and
greenhouses and other agricultural occupations.
2. One single-family dwelling per lot.
B. Special Permit Uses. The following uses are
permitted provided that they conform to the development standards
listed in Section 15.08.020.
1. Churches.
2. Nursery schools and day care centers.
C. Accessory Uses.
1. Guest cottages, not rented or otherwise
conducted as a business.
2. Accommodations for farm operators and employees,
but not accommodations for transient labor.
3. Roadside stands not exceeding four hundred (400)
square feet in floor area, and not over twenty (20) lineal feet on
any side, primarily for the sale of agricultural products on the
premises.
4. Customary incidental home occupations subject to
the provisions of Section 15.08.040.
5. Other accessory uses and buildings customarily
appurtenant to a permitted use.
X11=
6. For permitted uses, hazardous substance land
" uses, including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and do not accumulate more than
20,000 pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050, except off-site hazardous waste treatment
and/or storage facilities which are not permitted in this district..
D. Conditional Uses.
1. General conditional uses as listed in Section
15.08.030.
2. For permitted uses, accessory hazardous
substance land uses which are not subject to cleanup permit
requirements of Kent City Code 4.19 and which accumulate more than
20,000 pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050, except off site hazardous waste treatment
and/or storage facilities which are not permitted in this district.
F. Development Standards
1. Minimum lot. 1 acre.
2. Minimum lot width. 100 feet.
3. Maximum site coverage. 30 percent.
4. Minimum vard requirements
a. Front yard. 20 feet.
b. Side yard. 15 feet.
C. Rear yard. 20 feet.
d. Side yard on flanking street of corner lot.
20 feet.
5. Height limitation. Two and one-half (2-1/2)
stories, not exceeding thirty-five (35) feet. The height limita-
tions shall not apply to barns and silos provided that they are
not located within fifty (50) feet of any lot line.
6. Additional standards
a. Structures for feeding, housing and care of
animals except household pets, shall be set back fifty (50) feet
from any property line.
b. See Chapter 15.08, General and Supplementary
Provisions, for requirements concerning accessory building and
additional standards.
Section 3. Kent City Zoning Code Section 15.04.010 is
amended as follows:
- 21 -
15.04.010. RESIDENTIAL AGRICULTURAL - RA. Purpose: The
City has, through its RA and MA zones, the key to assuring effic-
ient and attractive growth. It is essential that the City avoid
excessive zoning far in advance of demand.
Rezoning of RA and MA lands to more intensive use shall
be predicated upon the documentation of the need for additional
residential, commercial, or industrial land in Kent. This
documentation shall consist of a fiscal impact analysis showing
the other lands already zoned and accessible to municipal services
are not sufficient and/or suitable to accommodate demand for the
proposed uses and that the market demand for the proposed
development is sufficient to generate the revenues necessary to
provide municipal services (including but not limited to police,
fire, streets, water, drainage and sewer) required by the project.
A. Principally Permitted Uses.
1. Agricultural uses, including any customary
agricultural building or structure, such as planting, cultivation
and harvesting of crops, animal husbandry, nurseries and
greenhouses and other agricultural occupations.
2. One single-family dwelling per lot.
B. Special Permit Uses. The following uses are
permitted provided that they conform to the development standards
listed in Section 15.08.020.
1. Churches.
2. Nursery schools and day care centers.
C. Accessory Uses.
1. Guest cottages, not rented or otherwise
conducted as a business.
2. Accommodations for farm operators and employees,
but not accommodations for transient labor.
3. Roadside stand not exceeding four hundred (400)
square feet in floor area, and not over twenty (20) lineal feet on
any side, primarily for the sale of agricultural products grown on
the premises.
4. Customary incidental home occupations subject to
the provisions of Section 15.08.040.
5. Other accessory uses and buildings customarily
appurtenant to a permitted use, except for on-site hazardous waste
treatment and/or storage facilities which are not permitted in
residential zones.
D. Conditional Uses. Ceneral Conditional Uses as
listed in Section 15.08.030.
- 22 -
F. Development Standards
1. Minimum lot. 1 acre.
2.
Minimum
lot
width.
100
feet.
3.
Maximum
site
coverage.
30 percent.
4. Minimum yard requirements.
a. Front yard. 20 feet.
b. Side yard. 15 feet.
C. Rear yard. 20 feet.
d. Side yard on flanking street of corner lot.
20 feet.
5. Height limitation. Two and one-half (2-1/2)
stories, not exceeding thirty-five (35) feet.
6. Additional standards
a. Structures for feeding, housing and care of
animals, except household pets, shall be set back fifty (50) feet
from any property line.
b. See Chapter 15.08, General and Supplementary
Provisions, for requirements concerning accessory buildings and
additional standards.
C. The followina uses are prohibited:
i. The removal of topsoil for any purpose,
ii. Grade and fill operations, provided
that limited grade and fill may be approved as needed to construct
buildings or structures as outlined in KCC 15.04.005 A, B, C, and
D.
iii. All subsurface activities, including
excavation for underground utilities, pipelines, or other
underground installations, that cause permanent disruption of the
surface of the land. Temporarily disrupted soil surfaces shall be
restored in a manner consistent with agricultural uses.
iv. Dumping or storage of nonagricultural
solid or liquid waste, or of trash, rubbish, or noxious materials.
V. Activities that violate sound
agricultural soil and water conservation management practices.
F. Signs. The sign regulations of Chapter 15.06 shall
apply.
G. Off -Street Parking. The off-street parking require-
ments of Chapter 15.05 shall apply.
- 23 -
H. Development Plan Review. Development plan review is
required when the property to be developed is classified as view
property.
Section 4. Kent City Zoning Code Section 15.04.015 is
amended as follows:
15.04.015. AGRICULTURAL - GENERAL (A -G) ZONE. Purpose:
The purpose of the A -G zone is to provide appropriate locations
for agriculturally related industrial uses in or near areas desig-
nated for long-term agricultural use. Such areas may contain
prime farmland soils which may be currently or potentially used
for agricultural production.
A. Principally Permitted Uses.
1. Agricultural uses, including any customary agricul-
tural building and structure, and such uses as livestock ranges,
animal husbandry, field crops, tree crops, nurseries, greenhouses,
and other agricultural occupations.
2. Storage, warehousing, processing and conversion of
agricultural, dairy and horticultural products, but not including
slaughtering or meat packing.
Existing dwellings may be rebuilt, repaired and
otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
B. Accessory Uses. Accessory uses and buildings custom-
arily appurtenant to a permitted use, such as:
1. Farm dwellings appurtenant to a principal agricul-
tural use for the housing of farm owners, operations or employees,
but not accommodations for transient labor.
2. Guest houses, not rented or otherwise conducted as
a business.
3. Roadside stand not exceeding four hundred (400)
square feet in floor area exclusively for agricultural products
grown on the premise.
4. For permitted uses, hazardous substance land uses,
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code 4.19 and which do not accumulate more than
20,000 pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050 except off-site hazardous waste treatment
and/or storage facilities which are not permitted in this district,
C. Conditional Uses.
1. General uses as listed in Section 15.08.030.
- 24 -
2. Boarding kennels, breeding establishments.
3. Veterinary clinics and veterinary hospitals.
4. For permitted uses, accessory hazardous substance
land uses which are not subject to cleanup permit requirements of
Kent City Code 4.19 and which accumulate more than 20,000 pounds
of hazardous substances or wastes or any combination thereof at
any one time on site, subject to the provisions of Section
15.08.050, except off-site hazardous waste treatment and/or
storage facilities which are not permitted in this district.
D. Development Standards.
1. Minimum lot. One (1) acre.
2. Maximum site coverage. Fifty (50) percent.
3. Front yard. There shall be a front yard of at
least thirty (30) feet depth.
a. For properties abutting on West Valley Highway,
the frontage on West Valley Highway shall be considered the front
yard.
4. Side yard. An aggregate side yard of thirty (30)
feet shall be provided. A minimum of ten (10) feet shall be
provided for each side yard. On a corner lot the side yard set-
back shall be a minimum of twenty (20) feet from the property line
5. Maximum height. Two (2) stories or thirty-five
(35) feet. Beyond this height, to a height not greater than
either four (4) stories or sixty (60) feet, there shall be added
one additional foot of yard for each additional foot of building
height.
The Planning Director shall be authorized to
approve a height greater than four (4) stories or sixty (60) feet,
provided such height does not detract from the continuity of the
area. When a request is made to exceed the building height limit,
the Planning Director may impose such conditions, within a reason-
able amount of time, as may be necessary to reduce any incompati-
bilities with surrounding uses.
6. Additional Setbacks.
a. Structures for feeding, housing, and care of
animals shall be set back fifty (50) feet from any property line.
b. Transitional conditions shall exist when an A -G
district adjoins a residential district containing a density of
two (2) dwelling units or more per acre or a proposed residential
area indicated on the Kent Comprehensive Plan. Such transitional
conditions shall not exist where the separation includes an inter-
vening use such as river, railroad mainline, major topographic
differential or other similar conditions; or where the industrial
properties face on a limited access surface street on which the
housing does not face. When transitional conditions exist as
herein defined, a yard of not less than fifty (50) feet shall
provided.
�46�
7. Setbacks, Green River. Industrial development in
the A-G district abutting the Green River (or Russell or Frager
iRoads where such roads follow the river bank) shall set back from
the ordinary high water mark of said river a minimum of two
hundred (200) feet. Such setbacks are in accordance with the Kentl
Comprehensive Plan and are in accordance with the high quality of
site development typically required for the industrial parks areas
of the City, and in accordance with the State Shoreline Managementl
(Act of 1971, and shall be no more restrictive than, but as
restrictive as, said Shoreline Management Act.
8. The landscaping requirements of Chapter 15.07 shall
apply.
9. Outdoor storage. (Industrial Uses) Outdoor stor-
age shall be at the rear of a principally permitted structure and
shall be completely fenced.
10. Additional Standards.
a. The following uses are prohibited.
i. The removal of topsoil for any purpose.
ii. Grade and fill operations, provided that
limited grade and fill may be approved as needed to construct
buildings or structures as outlined in KCC 15.04.015 A, B, and C.
iii. All subsurface activities, including exca-
vation for underground utilities, pipelines, or other underground
installations, that cause permanent disruption of the surface of
the land. Temporarily disrupted soil surfaces shall be restored
in a manner consistent with agricultural uses.
iv. Dumping or storage of nonagricultural
solid or liquid waste, or of trash, rubbish or noxious materials.
V. Activities that violate sound agricultural
soil and water conservation management practices.
E. Signs. The sign regulations of Chapter 15.06 shall
apply.
F. Off -Street Parking. The off-street parking require-
ments of Chapter 15.06 shall apply.
G. Performance Standards. The performance standards as
provided in Section 15.08.060 shall apply.
H. Development Plan Review. Development plan approval is
required, as previded in Section 15.09.010. (0.2534, E1; 0.2638,
§2)
Section 5. Kent City Zoning Code Section 15.04.090 is
amended as follows:
- 26 -
15.04.090. NEIGHBORHOOD CONVENIENCE COMMERCIAL OR NCC.
Purpose: It is the purpose of this district to provide small
nodal areas for retail and personal service activities convenient
to residential areas and to provide ready access to everyday con-
venience goods for the residents of such neighborhoods.
A. Principally Permitted Uses.
1. Any local retail business for the sale of new
merchandise, such as supermarkets, food stores, drugstores,
restaurants (excluding drive-in restaurants), taverns.
2. Personal services such as barber and beauty shops,
launderettes, dry cleaning establishments.
3. Any other retail or personal service use that is
determined by the Planning Director to be of the same general
character as the above permitted local retail businesses or
services and is in accordance with the stated purpose of the
district.
4. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 §1)
Existing dwellings may be rebuilt, repaired and other-
wise changed for human occupancy. Accessory uses for existing
dwellings may be constructed. Such uses are garages, carports,
storage sheds and fences.
B. Special Permit Uses. The following uses are
permitted provided that they conform to the development standards
listed in Section 15.08.020.
1. Gasoline service stations.
2. Churches.
3. Nursery schools and day care centers.
C. Accessory Uses.
1. Accessory uses and buildings customarily
appurtenant to a permitted use, such as incidental storage
facilities.
2. For permitted uses, hazardous substance land
uses, including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 5,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
D. Conditional Uses. General Conditional Uses as listed
in Section 15.08.030.
- 27 -
E. Development Standards.
1. Minimum lot. 10,000 square feet.
2. Maximum site coverage. Forty (40) percent.
3. Front yard. There shall be a front yard of at
least fifteen (15) feet depth.
4. Side yard. None, except when abutting a district
other than NCC, and then not less than twenty (20) feet width.
5. Rear yard. There shall be a rear yard of at least
twenty (20) feet depth.
6. Height limitations. Two stories, not to exceed
thirty-five (35) feet.
7. The landscaping requirements of Chapter 15.07 shall
apply.
8. Outdoor storage. Outdoor storage areas are
prohibited.
F. Signs. The sign requirements of Chapter 15.06 shall
apply.
G. Off -Street Parking.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Off-street parking may be located in required yards
except in areas required to be landscaped.
H. Development Plan Review. Development plan approval is
required, as provided in Section 15.09.010.
Section 6.
amended as follows:
Kent. City Zoning Code Section 15.04.100 is
15.04.100. COMMUNITY COMMERCIAL DISTRICT OR CC. Purpose:
The purpose of this district is to provide areas for limited coir-
mercial activities that serve several residential neighborhoods.
This district shall only apply to such commercial districts as
designated in the Kent Comprehensive Plan.
A. Principally Permitted Uses.
1. Retail establishments, selling primarily new merch-
andise, including convenience goods, shopping goods such as "soft
lines" (clothing, shoes) and "hard lines" (hardware, furniture,
paint, appliances).
2. Personal services such as barber and beauty shops,
launderettes, dry cleaning establishments, television and radio
repair, shoe repair.
3. Restaurants (excluding drive-in restaurants),
taverns.
4. Veterinary clinics when located no closer than one
hundred fifty (150) feet to any residential use, providing the
animals are housed indoors (no outside runs) and the building is
soundproofed. Soundproofing must be designed by competent acous-
tical engineers.
5. Branches of financial institutions.
6. Car washes.
7. Nurseries and greenhouses.
8. Commercial recreational facilities including
theaters, bowling alleys, skating rinks, miniature golf.
9. Office uses.
10. Any other use that is determined by the Planning
Director to be the same general character as the above permitted
uses and is in accordance with the stated purpose of the district.
11. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (C.2695 §2)
Existing dwellings may be rebuilt, repaired and other-
wise changed for human occupancy. Accessory uses for existing
dwellings may be constructed. Such uses are garages, carports,
storage sheds and fences.
B. Special Permit Uses. The following uses are permitted
provided that they conform to the development standards listed in
Section 15.08.020.
1. Gasoline service stations.
2. Drive-in restaurants.
3. Churches.
4. Nursery schools and day care centers.
C. Accessory Uses.
1. Accessory uses and buildings customar- ily
appurtenant to a permitted use, such as incidental storage
facilities, loading and unloading areas.
2. For permitted uses, hazardous substance land uses
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 5,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
- 29 -
D. Conditionally Permitted Uses.
1. General Conditional Uses as listed in Section
15.08.030.
2. Apartments (either by themselves or in conjunction
with commercial uses), and building supply uses.
3. Auto repair facilities.
E. Development Standards.
1. Minimum lot. 10,000 square feet.
2. Maximum site coverage. Forty (40) percent.
3. Front yard. There shall be a front yard of at
least fifteen (15) feet depth.
4. Side yard. None except when abutting a more res-
trictive district, and then not less than twenty (20) feet width.
5. Rear yard. There shall be a rear yard of at least
twenty (20) feet depth.
6. Height limitation. Three (3) stories or forty (40)
feet. However, the Planning Director shall be authorized to grant
one additional story in height, if during Development Plan Review,
15.04.110
it is found that this additional story would not detract from the
continuity of the area. More than one additional story may be
granted by the Planning Commission.
7. The landscaping requirements of Chapter 15.07 shall
apply.
8. Outdoor storage. Cutdoor storage areas are
prohibited.
F. Signs. The sign requirements of Chapter 15.06 shall
apply.
G. Off -Street Parking.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Off-street parking may be located in required yards
except in areas required to be landscaped.
H. Development Plan Review. Development plan approval is
required as provided in Section 15.08.
Section 7. Kent City Zoning Code Section 15.040.110 is
amended as follows:
- 30 -
15.04.110. DOWNTOWN COMMERCIAL OR DC. Purpose: It is the
purpose of this district to provide a place and create environ-
mental conditions which will encourage the location of business,
civic and recreational activities which will benefit and contrib-
ute to the vitality of a central "downtown" location. In the DC -1
area, permitted uses should be primarily pedestrian oriented, and
able to take advantage of off-street parking lots, while both auto
and pedestrian -oriented uses may prevail in the DC -2 area.
A. Principally Permitted Uses.
1. Retail establishments, including convenience goods,
shopping goods such as "soft lines" (clothing, variety, shoes) and
"hard lines" (hardware, furniture, appliances).
2. Personal services such as barber and beauty shops,
launderettes, dry cleaning, television and radio repair, shoe
repair.
3. Restaurants (excluding drive-in restaurants),
nightclubs, taverns.
4. Professional, administrative and financial offices.
5. Business and technical schools.
6. Recreational uses such as theaters, bowling alleys,
dance halls (must be enclosed).
7. Hotels and motels.
8. Printing establishments, business services such as
copy services.
9. Mortuaries.
10. Any other use that is determined by the Planning
Director to be of the same general character as the above permit-
ted uses and in accordance with the stated purpose of the district,
11. Existing dwellings may be rebuilt, repaired and
otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
zone.
12. All of the principally permitted uses in the DC -1
13. Automobile wash services.
14. Food lockers (with or without food preparation
facilities).
15. Automobile rental services.
16. Sales of tire and auto accessories with on-site
installation.
17. Marine craft sales and accessories.
- 31 -
18. Motor vehicle sales (new and used).
19. Motion picture distribution and services.
20. Upholstery and furniture repair services.
21. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 §3)
E. Prohibited Uses. Heavy commercial uses with outdoor
storage are prohibited in this district.
C. Special Permit Uses. The following uses are permitted
provided that they conform to the development standards listed in
Section 15.08.020.
1. Churches.
2. Nursery schools and day care centers.
3. Gasoline service stations in DC -2 zone only.
D. Accessory Uses.
1. Accessory uses and buildings customarily
appurtenant to a permitted use, such as incidental storage
facilities, which must be enclosed, and loading and unloading
areas.
2. For permitted uses, hazardous substance land uses
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 5,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
E. Conditional Uses.
1. Multifamily residential uses.
2. Commercial parking lots or structures.
3. Railway and bus depots, taxi stands.
4. General Conditional Uses as listed in Section
15.08.030.
5. Equipment rental and leasing services (DC -2 zone
only).
6. Automotive repair services, not to include body and
fender repair (DC -2 zone only).
F. Development Standards.
1. Minimum lot. Minimum, lct of record.
2. Maximum site coverage. One hundred (100) percent.
- 32 -
3. Setbacks. None, except as required by landscaping,
or if off-street parking is provided on site, and except when a
rear and/or side yard abuts a residential district, and then a
twenty (20) foot rear and/or side yard shall be required.
4. Height limitation. Four (4) stories or sixty (60)
feet. However, the Planning Director shall be authorized to grant
one additional story in height, if during Development Plan Review,
it is found that this additional story would not detract from the
continuity of the area. More than one additional story may be
granted by the Planning Commission.
5. The landscaping requirements of Chapter 15.07 shall
apply.
G. Signs. The sign requirements of Chapter 15.06 shall
apply.
H. Off -Street Parking. The off-street parking require-
ments of Chapter 15.05 shall apply.
I. Development Plan Review. Development plan approval is
required, as provided in Section 15.09.010.
Section 8.
amended as follows:
Kent City Zoning Code Section 15.04.120 is
15.04.120. COMMFRCIAL MANUFACTURING -1 OR CM -1. Purpose.
It is the purpose of this district to provide locations for those
types of developments which combine some characteristics of both
retail establishments and industrial operations, heavy commercial
and wholesale uses.
A. Principally Permitted Uses
1. Heavy commercial uses, which often include outdoor
storage, such as lumber yards, trailer and truck rentals, new and
used car lots, building and contractor supply storage yards, body
repair shops, auto repair, car washes.
2. Contractor shops, where most of the work is done on
call, and which do not rely on walk-in trade but some storage or
semi -manufacturing work is done on premise such as carpentry,
heating, electrical, plass shops, printing, publishing, litho-
graphic shops, furniture upholstery, dry cleaning, exterminators.
3 Outdoor storage such as trucking, transfer,
contractor storage yards.
4. a. Manufacturing uses such as bottling, bakeries
(primarily wholesale) laundry and dyeing, welding shops.
b. Specialty manufacturing such as custom sheet
metal.
5. Other retail uses that are deemed to be compatible
by the Planning Director. These uses shall not be convenience or
soft line commercial uses but might include furniture or appliance
- 33 -
stores, tire stores, auto parts, as these are large, nonpedestrian'
oriented retail uses. Such uses shall be in accordance with the
stated purpose of this district.
6. Small scale light manufacturing operations as fol-
lows: stamping, brazing, testing, electronic assembly, and kin-
dred operations where the building, structure or total operation
does not encompass more than 10,000 square feet of area. The
10,000 square foot total shall include all indoor and outdoor
storage areas associated with the manufacturing operation. Only
one 10,000 square foot manufacturing operation shall be permitted
per lot.
7. Mini -warehouse.
8. Complexes which include combinations of uses,
including a mixture of office, light manufacturing, storage and
commercial uses.
9. Restaurants.
10. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 §4)
Existing dwellings may be rebuilt, repaired and other-
wise changed for human occupancy. Accessory uses for existing
dwellings may be constructed. Such uses are garages, carports,
storage sheds and fences. (0.2578, §2)
B. Accessory Uses
1. For permitted uses. hazardous substance land uses
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 10,000 pounds of hazardous substances or wastes or any
combination
provisions o
tnereor at any one time on site, subject to the
f Section 15.08.050, except off-site hazardous waste
facilities which are not permitted in
treatment and/or storage
this district.
D. Conditional Uses
3. For permitted uses, accessory hazardous substance
land uses which are not subject to cleanup permit requirements of
Kent City Code Chapter 4.19 and which accumulate more than 10,000
pounds of hazardous substances of wastes or any combination
thereof at any one time on site or which handle more than 20,000
pounds of hazardous substances or wastes or any combination
thereof on site in any 30 day period of time, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
Section 9. Kent City Zoning Code Section 15.04.130 is
amended as follows:
- 34 -
15.04.130. COMMERCIAL, MANUFACTURING -2 OR CM -2. Purpose:
It is the purpose of this district to provide locations for those
types of developments which combine some characteristics of both
retail establishments and small-scale light industrial operations,
heavy commercial and wholesale uses and specialty manufacturing.
A. Principally Permitted Uses.
1. Any principally permitted use in the G.C., General
Commercial zone.
2. Outdoor storage such as trucking, transfer, con-
tractor storage yards.
3. a. Manufacturing uses such as bottling, bakeries
(primarily wholesale) laundry and dyeing, welding shops.
b. Specialty manufacturing such as custom sheet
metal.
4. Small scale light manufacturing operations as fol-
lows: stamping, brazing, testing, electronic assembly, and kin-
dred operations where the building, structure or total operation
does not encompass more than 10,000 square feet of area. The
10,000 square foot total shall include all indoor and outdoor
storage areas associated with the manufacturing operation. Only
one 10,000 square foot manufacturing operation shall be permitted
per lot.
5. Mini -warehouses.
6. Complexes which include combinations of uses,
including a mixture of office, light manufacturing, storage and
commercial uses.
7. Existing dwellings may be rebuilt, repaired and
otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
8. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 §5)
B. Accessory Uses. Accessory uses and buildings customar-
ily appurtenant to a permitted use such as incidental storage
facilities, loading and unloading areas.
1. For permitted uses, hazardous substance land uses
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 10,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
C. Special Permit Uses.
1. Gasoline service stations.
- 35 -
D. Conditional Uses.
1. Offices.
2. Light manufacturing operations in any building
regardless of size built prior to June 4, 1973. Provided, how-
ever, that in the event it should become necessary to rebuild or
(replace any such building, then, in that event, the light manufac-
turing operations permitted under this section shall not encompass
an area greater than the size of said building on June 4, 1973.
3. General Conditional Uses as listed in Section
15.08.030.
4. For permitted uses, hazardous substance land uses
which are not subject to cleanup permit requirements of Kent Cit,
Code Chapter 4.19 and which do not accumulate more than 10,000
pounds of hazardous substances or wastes or any combination
thereof at any one time on site or which handle more than 20,000
pounds of hazardous substances or wastes or any combination
thereof on site in any 30 day period of time, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
E. Development Standards.
1. Minimum lot. 10,000 square feet.
2. Maximum site coverage. Fifty (50) percent.
3. Front yard. Fifteen (15) feet minimum.
4. Side yard. None, except when a side yard abuts a
residential district, and then a twenty (20) foot side yard shall
be required.
5. Rear yard. None, except when a rear yard abuts a
residential district, and then a twenty (20) foot rear yard shall
be required.
6. Height limitation. Two (2) stories or thirty-five
(35) feet. However, the Planning Director shall be authorized to
grant one (1) additional story in height, if during Development
Plan Review, it is found that this additional story would not
detract from the continuity of the area. More than one additional
story may be granted by the Planning Commission.
7. The landscaping requirements of Chapter 15.07 shall
apply.
8. Outdoor storage. Outdoor storage areas shall be
fenced for security and public safety by a sight -obscuring fence
unless determined through the Development Plan Review that a
sight -obscuring fence is not necessary. Any unfenced outdoor
storage areas shall be paved with asphaltic concrete, cement, or
equivalent material to be approved by the City Engineer.
apply.
F. Signs. The sign requirements of Chapter 15.06 shall
- 36 -
G. Off-street Parking.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Off-street parking may be located in required yards
except in areas required to be landscaped.
H. Development Plan Review. Development plan approval is
required, as provided in Section 15.09.010. (0.2528, §3)
Section 10. Kent City Zoning Code Section 15.04.140 is
amended as follows:
15.04.140. GENERAL COMMERCIAL OR GC. Purpose: The
purpose and intent of the General Commercial district is:
1. To recognize the existence of commercial areas
developed in strips along certain major thoroughfares.
2. To provide use incentives and development standards'
which will encourage the redevelopment and upgrading of such areas
3. To provide for a range of trade, service, enter-
tainment and recreation land uses which occur adjacent to major
traffic arterials and residential uses.
4. To provide areas for development which are auto-
mobile oriented and designed for convenience, safety and the
reduction of the visual blight of uncontrolled advertising signs,
traffic control devices and utility equipment.
A. Principally Permitted Uses.
1. Trade
a. Wholesale
Bakery
b. Retail - general merchandise
Department stores
Dry goods and general merchandise
Electrical supplies
Farm equipment
Hardware
Heating and plumbing equipment
Lumberyards
Mail order houses
Merchandise vending machine operators
Paint, glass and wallpaper
Variety stores
C. Retail - food
Bakeries (with accessory manufacturing)
Candy, nut, and confectionery (with accessory
manufacturing)
Dairy products
Fruits and vegetables
- 37 -
Groceries
Meat, fish, and poultry
d. Retail - automotive, marine craft, aircraft and
accessories
Aircraft and accessories
Marine craft and accessories
Motor vehicles (new and/or used cars and recre-
ation vehicles)
Tires, batteries, and accessories
e. Retail - apparel and accessories
New and/or used apparel and accessories
f. Retail - furniture, home furnishings and equip-
ment
New and/or used and finished and/or unfinished
furniture, home furnishings and equipment
g. Retail - eating and drinking establishments
Drinking establishments (taverns and cocktail
lounges)
Eating establishments (restaurants) without
drive-in or drive-through facilities.
h. Retail - other
Antiques
Bicycles
Books
Bottled gas
Cameras and photographic supplies
Cigars and cigarettes
Computers and software
Drug and proprietary items
Florists
Fuel and ice dealers
Fuel oil
Gifts, novelties, and souvenirs
Hay, grains, and feeds
Jewelry
Liquor
Newspapers and magazines
optical goods
Pets and pet supplies
Secondhand merchandise
Sporting goods
Stationery
Video cassette sales and rentals
2. Services
a. Finance, insurance and real estate services
Banking and related services
Commodity brokers, dealers and related services
Housing and investment services
Insurance brokers, agents and related services
Insurance carriers
Real estate agents, brokers and related service
Real estate operators, lessors and management
services
- 38 -
Real estate subdividing and developing services
Security brokers, dealers and related services
Title abstracting and insurance services
b. Personal services
Beauty and barber services
Diaper services
Funeral and crematory services
Laundering and dry cleaning (self-service)
Laundering, dry cleaning, and dyeing services
Linen supply and industrial laundry services
Photographic services
Pressing, alteration, and garment repair
Rug cleaning and repair services
Shoe repair, shoe shining, and hat cleaning
services
C. Business services
Advertising services
Automobile and truck rental
Blueprinting and photocopying services
Business and management consulting services
Consumer and mercantile credit reporting
services; adjustment and collection services
Detective and protective services
Disinfecting and exterminating services
Employment services
Equipment rental and leasing services
Food lockers (without food preparation
facilities)
Motion picture distribution and services
News syndicate services
Other dwelling and business services
Outdoor advertising services
Photofinishing services
Research, development, and testing services
Stenographic services and other duplicating and
mailing services
Trading stamp services
Window cleaning services
d. Repair services
Armature rewinding services
Automobile repair services
Automobile wash services
Electrical repair services
Fleet vehicle maintenance
Radio and television repair services
Reupholstery and furniture repair services
Small engine repair
Truck repair
Watch, clock and jewelry repair services
e. Professional services
Accounting, auditing, and bookkeeping services
Educational and scientific research services
Engineering and architectural services
Hospital services
Legal services
Medical and dental laboratory services
- 39 -
Medical and dental services
I
Medical clinic - out-patient services
Sanitarium, convalescent, and rest home service
Urban planning services
f. Contract construction services
Building construction - general contractor
services
Carpentering and wood flooring
Concrete services
Electrical services
Masonry, stonework, tile setting, and
plastering services
Painting, paperhanging and decorating services
Plumbing, heating, and air conditioning service!
Roofing and sheet metal services
Water well drilling services
g. Educational services
Art and music schools
Barber and beauty schools
Business and stenographic schools
Correspondence schools
Dancing schools
Driving schools - auto
Driving schools - truck
Vocational or trade schools
h. Miscellaneous services
Animal grooming parlors
Business associations and organizations
Civic, social, and fraternal associations
Labor unions and similar labor organizations
Veterinary clinics and animal hospital services
when located no closer than one hundred fifty
(150) feet to any residential use, providing
the animals are housed indoors (no outside
runs) and the building is soundproofed. Sound-
proofing must to designed by competent
acoustical engineers.
Welfare and ch.aritatle services
3. Residential
a. Lodgings
Hotels
Motels
b. Existing dwellings may be rebuilt, repaired and
otherwise changed for human occupancy. Acces-
sory uses for existing dwellings may be
constructed. Such uses are garages, carports,
storage sheds and fences.
4. Cultural, entertainment and recreational
a. Cultural activities and nature exhibitions
Art galleries
Historic and monument sites
- 40 -
b. Public assembly
Amphitheaters
Arenas and field houses
Auditoriums
Drive-in movies
Exhibition halls
Legitimate theaters (live)
Motion picture theaters
Stadiums
C. Amusements and recreation
Amusement parks
Athletic clubs
Bowling
Fairgrounds
Go-cart tracks
Golf driving ranges
Miniature golf
Skating (roller or ice)
Tennis
Video arcades
5. Other uses
a. Other retail trade, service, or entertain-
ment/recreational uses that are of the same
general character as those listed; which are
deemed compatible with other permitted uses in
this district and which operate in accordance
with the stated purpose of this district.
b. Municipal uses and buildings, except for such
uses and buildings subject to Section
15.04.200. (0.2695 §6)
B. Special Permit. Uses. The following uses are permitted
provided that they conform to the development standards listed in
Section 15.08.020.
1. Gasoline service stations.
2. Eating establishmerts (restaurants) with drive-in
or drive-through facilities.
3. Nursery schools and day care centers.
4. Churches.
C. Accessory Uses.
1. Accessory uses and buildings customarily
appurtenant to a permitted use such as incidental storage
facilities.
2. For permitted uses, hazardous substance land uses,
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup requirements of Kent
City Code Chapter 4.19 and which do not accumulate more than
10,000 pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050, except off-site hazardous waste treatment
and/or storage facilities which are not permitted in this district
- 41 -
D. Conditional Uses.
1. Printing and publishing establishments, and acces-
sory uses and buildings, customarily appurtenant to such use.
2. Mini -warehouses and self-service storage
3. General Conditional Uses as listed in Section
15.08.030.
4. Kennels.
4:--Kense4s-
5. For permitted uses, accessory hazardous substance
land uses which are not subject to cleanup requirements of Kent
City Code Chapter 4.19 and which accumulate more than 10,000
pounds of hazardous substances or wastes or any combination
thereof at any one time on site or whch handle more than 20,000
(,'pounds of hazardous substance and wastes on site in any 30 day
period of time, subject to the provisions of Section 15.08.050,
except off-site hazardous waste treatment and/or storage
facilities which are not permitted in this district.
E. Development Standards.
1. Minimum lot. 10,000 square feet.
2. Maximum site coverage. Forty (40) percent.
3. Front yard. There shall be a front yard of at
least twenty (20) feet in depth.
4. Side yard. None, except when a side yard abuts a
residential district, and then a twenty (20) foot rear yards shall
be required.
5. Rear yard. None, except when a rear yard abuts a
residential district, and then a twenty (20) foot rear yard shall
be required.
6. Height limitations. Two (2) stories or thirty-five
(35) feet. However, the Planning Director shall be authorized to
grant one additional story in height, if during Development Plan
Review, it is found that this additional story would not detract
from the continuity of the area. More than one additional story
may be granted by the Planning Commission.
7. The landscaping requirements of Chapter 15.07 shall
apply.
8. Outdoor storage. Outdoor storage areas shall be
fenced for security and public safety by a sight -obscuring fence
unless determined through the Development Plan Review that a
sight -obscuring fence is not necessary.
apply.
F. Signs. The sign regulations of Chapter 15.06 shall
- 42 -
G. Cff-Street Parking.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Off-street parking may be located in required yards
except in areas required to be landscaped.
H. Development Plan Review. Development plan approval is
required, as provided in Section 15.09.010.
Section 11. Kent City Zoning Code Section 15.04.150 is
amended as follows:
15.04.150. PROFESSIONAL AND OFFICE DISTRICT OR 0.
Purpose: It is the purpose of this district to provide for areas
appropriate for professional and administrative offices. It is
intended that such districts shall buffer residential districts
and the development standards are such that office uses should be
compatible with residential districts.
A. Principally Permitted Uses.
1. Medical and dental offices; medical and dental
laboratory services.
2. Administrative and professional offices such as
lawyers, engineers, real estate, accountants, financial offices
such as banks, savings and loan institutions, insurance offices,
auditing, bookkeeping, architectural and urban planning services,
business and management consulting services, advertising
services. (0.2764, §1)
3. Veterinary clinics when located no closer than one
hundred fifty (150) feet to any residential use, providing the
animals are housed indoors (no outside runs) and the building is
soundproofed. Soundproofing must be designed by competent
acoustical engineers.
4. Schools and studios for art, crafts, photography,
music, dance. Educational and scientific research, research and
development services.
5. Blueprinting and photocopying services.
6. Consumer and mercantile credit reporting services,
adjustment and collecting services.
7. Detective and protective services.
8. Stenographic services and other duplicating and
mailing services.
9. News syndicate services.
10. Employment services.
- 43 -
11. Any other use that is determined by the Planning
Director to be of the same general character as the above
permitted uses.
12. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 §7)
Existing dwellings may be rebuilt, repaired and other-
wise chanced for human occupancy. Accessory uses for existing
dwellings may be constructed. Such uses are garages, carports,
storage sheds and fences.
B. Accessory Uses. Incidental sales and services, such as'
restaurants, pharmacies and retail sales to serve occupants and
patrons of permitted uses, when conducted within the same
building, provided there is no exterior display or advertising.
1. For permitted uses, hazardous substance land uses
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 5,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
C. Conditional Uses.
1. Multifamily development over office uses and multi-
family developments (apartments and townhouses).
15.08.030.
2. Mortuaries.
3. Beauty and barber services.
4. Tanning salons.
5. Nail manicuring services.
6. General Conditional Uses as listed in Section
7. Retail sales as follows:
As part of a planned development where at least
fifty (50) percent of the total development is for office use.
Drive-in restaurants, service stations, drive-in
cleaning establishments and other similar retail establishments
are not permitted.
D. Special Permit Uses. The following uses are permitted
provided that they conform to the development standards listed in
Section 15.08.020.
1. Churches.
2. Nursery schools and day care centers.
- 44 -
E. Development Standards.
1. Minimum lot. 10,000 square feet.
2. Maximum, site coverage. Thirty (30) percent.
3. Front yard. Setback twenty-five (25) feet minimum.
4. Side yard. None, except abutting a residential
district and then twenty (20) feet minimum.
5. Rear yard. None, except abutting a residential
district and then twenty (20) feet.
6. Height limitations. Three (3) stories or forty
(40) feet.
7. The landscaping requirements of Chapter 15.07 shall
apply.
F. Signs. The sign regulations of Chapter 15.06 shall
apply.
G. Off -Street Parking. The off-street parking require-
ments of Chapter 15.05 shall apply.
H. Development Plan Review. Development plan approval is
required, as provided in Section 15.09.010.
Section 12. Kent City Zoning Code Section 15.04.160 is
amended as follows:
15.04.160. INDUSTRIAL AGRICULTURAL OR MA. Purpose: The
City has, through its RA and MA zones, the key to assuring
efficient and attractive growth. It is essential that the City
avoid excessive zoning far in advance of demand.
Rezoning of RA and MA lands to more intensive use shall be
predicated upon the documentation of the need for additional
residential, commercial, or industrial land in Kent. This
documentation shall consist of a fiscal impact analysis showing
the other lands already zoned and accessible to municipal services
are not sufficient and/or suitable to accommodate demand for the
proposed uses and that the market demand for the proposed develop-
ment is sufficient to generate the revenues necessary to provide
municipal services (including but nct limited to police, fire,
streets, water, drainage and sewer) required by the project.
A. Principally Permitted Uses.
1. Agricultural uses, including any customary agricul-
tural building and structure, and such uses as livestock ranges,
animal husbandry, field crops, tree crops, nurseries, creenhouses,
and other agricultural occupations.
2. Storage, warehousing, processing and conversion of
agricultural, dairy and horticultural products, but not including
slaughtering or meat packing.
- 45 -
3. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 §8)
Existing dwellings may be rebuilt, repaired and other-
wise changed for human occupancy. Accessory uses for existing
dwellings may be constructed. Such uses are garages, carports,
storage sheds and fences.
B. Accessory Uses. Accessory uses and buildings
customarily appurtenant to a permitted use, such as:
1. Farm dwellings appurtenant to a principal agricul-
tural use for the housing of farm owners, operations or employees,
but not accommodations for transient labor.
2. Guest houses, not rented or otherwise conducted as
a business.
3. Roadside stand not exceeding four hundred (400)
square feet in floor area exclusively for agricultural products
grown on the premise.
4. For permitted uses, hazardous substance land uses
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 20,000 pounds of hazardous substances or wastes or an
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are not permitted in
this district.
C. Conditional Uses.
1. General uses as listed in Section 15.08.030.
2. Boarding kennels, breeding establishments.
3. Veterinary clinics and veterinary hospitals.
4. For permitted uses, accessory hazardous substance
land uses, which are not subject to cleanup permit requirements of
Kent City Code Chapter 4.19 and which accumulate more than 20,000
pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050, except off-site hazardous waste treatment
and/or storage facilities which are not permitted in this districts
D. Development Standards.
1. Minimum lot. One (1) acre.
2. Maximum site coverage. Fifty (50) percent.
3. Front yard. There shall be a front yard of at
least thirty (30) feet depth.
a. For properties abutting on West Valley Highway,
the frontage on West Valley Highway shall be considered the front
yard.
=r=
4. Side yard. An aggregate side yard of thirty (30)
feet shall be provided. A minimum of ten (10) feet shall be
provided for each side yard. On a corner lot the side yard set-
back shall be a minimum of twenty (20) feet from the property line
5. Maximum height. Two (2) stories or thirty-five
(35) feet. Beyond this height, to a height not greater than
either four (4) stories or sixty (60) feet, there shall be added
one additional foot of yard for each additional foot of building
height.
The Planning Director shall be authorized to
approve a height greater than four (4) stories or sixty (60) feet,
provided such height does not detract from the continuity of the
area. When a request is made to exceed the building height limit,
the Planning Director may impose such conditions, within a
reasonable amount of time, as may be necessary to reduce any
incompatibilities with surrounding uses.
6. Additional Setbacks
a. Structures for feeding, housing, and care of
animals shall be set back fifty (50) feet from any property line.
b. Transitional conditions shall exist when an MA
district adjoins a residential district containing a density of
two (2) dwelling units or more per acre or a proposed residential
area indicated on the Kent Comprehensive Plan. Such transitional
conditions shall not exist where the separation includes an inter-
vening use such as river, railroad mainline, major topographic
differential or other similar conditions; or where the industrial
properties face on a limited access surface street on which the
housing does not face. When transitional conditions exist as
herein defined, a yard of not less than fifty (50) feet shall be
provided.
7. Setbacks, Green River. Industrial development in
the MA district abutting the Green River (or Russell or Frager
Roads where such roads follow the river bank) shall set back from
the ordinary high water mark of said river a minimum of two
hundred (200) feet. Such setbacks are in accordance with the Kent
Comprehensive Plan and are in accordance with the high quality of
site development required for the industrial parks area of the
City, which MA areas are designated to become in the Kent
Comprehensive Plan, and in accordance with the State Shoreline
Management Act of 1971, and shall k -e no more restrictive than, but
as restrictive as, said Shoreline Management Act.
8. The landscaping requirements of Chapter 15.07 shall
apply.
9. Outdoor storage. (Industrial Uses) Outdoor
storage shall be at the rear of a principally permitted structure
and shall be completely fenced.
E. Signs. The sign regulations of Chapter 15.06 shall
apply.
F. Off -Street Parking. The off-street parking require-
ments of Chapter 15.05 shall apply.
- 47 -
G. Performance Standards. The performance standards as
provided in Section 15.08.050 shall apply.
H. Development Plan Review. Development plan approval is
required, as provided in Section 15.09.010.
Section 13. Kent City Zoning Code Section 15.04.070 is
amended as follows:
15.04.170. INDUSTRIAL PARK DISTRICT OR Ml. Purpose: The
purpose of this district is to provide an environment exclusively
for and conducive to the development and protection of a broad
range of industrial activities including modern, large scale
administrative facilities, research institutions and specialized
manufacturing organizations, all of a nonnuisa.nce type. This
district is intended to provide areas for those industrial
activities that desire to conduct business in an atmosphere of
prestige location in which environmental amenities are protected
through a high level of development standards.
It is also the purpose of this zone to allow certain
limited commercial land uses that provide necessary personal and
business services for the general industrial area. Such uses are
allowed in the M1 district, through the application of the
C -suffix, at centralized, nodal locations where major arterials
intersect. (0.2711 §1)
A. Principally Permitted Uses - M1 District. The
following list is illustrative of the types of permitted uses and
is not intended to be exclusive.
1. Manufacturing, processing, assembling and packaging
of articles, products or merchandise from previously prepared
natural or synthetic materials, including but not limited to
asbestos, bristles, bone, canvas, cellophane and similar
synthetics, chalk, clay (pulverized only, with gas or electric
kilns), cloth, cork, feathers, felt, fiber, fur, glass (including
glass finishing), graphite, hair, horn, leather, paints (except
boiling processes), paper, paraffin, plastic and resins, precious
or semi-precious metals or stones, putty, pumice, rubber, shell,
textiles, tobacco, wire, wood, wool and yarn.
2. Manufacturing, processing, treating, assembling,
and packaging of articles, products, or merchandise from previ-
ously prepared ferrous, nonferrous or alloyed metals (such as bar
stock sheets, tubes, and wire and other extrusions), including
light foundry casting and forging operations and other forming
operations.
3. Printing, publishing and allied industries,
including such processes as lithography, etching, engraving,
binding, blueprinting, photocopying, film processing, and similar
operations or activities.
4. Manufacturing, processing, blending, and packaging
of the following:
a. Drugs, pharmaceuticals, toiletries, and
cosmetics.
b. Food and kindred products, such as confec-
tionary products, chocolate, cereal breakfast foods, bakery
products, paste products, fruits and vegetables, beer, beverages
(except fermenting and distilling), prepared food specialities
(such as coffee, dehydrated and instant foods, extracts, spices
and dressings) and similar products.
C. Dairy products and by-products, such as milk,
cream, cheese, and butter; including the processing and bottling
of fluid milk and cream and wholesale distribution.
5. Warehousing and distribution facilities and the
storage of goods or products, except for those goods or products
specifically described as permitted to be stored only as condi-
tional uses in the M3 District.
6. Crop and tree farming.
7. Administrative or executive offices which are part
of a predominant industrial operation.
8. Scientific research, testing and experimental
development laboratories.
9. Establishments engaged in electronic, automotive,
aerospace, missile, airframe, or related manufacturing and
assembly activities, including precision machine shops producing
parts, accessories, assemblies, systems, engines, major compo-
nents, and whole electronic or electrical devices, automobiles,
aircraft, missiles, aerospace, or underwater vehicles, or similar
products, including research and test facilities, but specifically
excluding explosive fuels and propellants.
10. Manufacturing, processing, assembling and packaging
of precision components and products; including precision machine
shops for products such as radio and television equipment; busi-
ness machine equipment; home appliances; scientific, optical,
medical, dental, and drafting instruments; photographic and
optical goods; phonograph records and prerecorded audio-visual
tape; measurement and control devices; sound equipment and
supplies; personal accessories, and products of similar character.
11. Headquarter offices of industrial operations.
12. Alcoholic beverage processes, such as distilling
and fermenting.
13. Retail and service uses as listed below.
A. Merchandise vending machine operators
B. Tire, batteries, and accessory (industrial
vehicles and equipment)
C. Eating places (except drive-ins or those with
drive-in or drive-through facilities)
MIUM
14. Administrative, professional, medical, financial
and business offices and services, including, but not limited to
the following: (C.2771 §1)
a. Finance, insurance and real estate services
Banking and related services
Security broker, dealers and related services
Commodity brokers, dealers and related services
Insurance carriers
Insurance brokers, agents and related services
Real estate operators, lessors and management
services
Real estate agents, brokers and related services
Real estate subdividing and developing services
Housing and investment services
L-. Personal services
Linen supply and industrial laundry services
Diaper services
Rug cleaning and, repair services
Photographic services
Beauty and barber services
Fur repair and storage services
C. Business services
Advertising services
Outdoor advertising services
Consumer and mercantile credit reporting
services; adjustment and collection services
Direct mail advertising services
Stenographic services and other duplicating and
mailing services
Window cleaning services
Disinfecting and exterminating services
News syndicate services
Employment services
Food lockers (with or without food preparation
facilities)
Business and management consulting services
Detective and protective services
Equipment rental and leasing services
Automobile and truck rental services
Motion picture distribution services
Travel agencies
d. Repair services
Electrical repair services
Radio and television repair services
Reupholstery and furniture repair services
Armature rewinding services
e. Professional services
Medical and dental laboratory services
Legal services
Engineering and architectural services
Educational and scientific research services
Accounting, auditing, and bookkeeping services
Urban planning services
Counseling services (0. 2676)
- 50 -
f. Contract construction services
Building construction - general contractor
services
Plumbing, heating, and air conditioning services
Painting, paperhanging and decorating services
N
Electrical services
Masonry, stonework, tile setting, and
plastering services
Carpentering and wood flooring
Roofing and sheet metal services
Concrete services
Water well drilling services
Educational services
Vocational or trade schools
Business and stenographic schools
Driving schools - truck
h. Miscellaneous services
Business associations and organizations
Labor unions and similar labor organizations
Health and fitness clubs and facilities (0.2711
Other service uses which may be deemed by the
Planning Director to be of the same general character and
compatible with those uses listed.
15. Other similar uses which the Planning Director
finds compatible with the Principally Permitted Uses described
herein; consistent with the purpose and intent of the M1 District
and not of a type to adversely affect the use of adjoining
properties.
16. Existing dwellings may be rebuilt, repaired anc
otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
17. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 §9)
B. Principally Permitted Uses in MI -C District (C -suffix)
The following commercial uses are permitted in addition
to those listed in subsection A on properties designated with the
C -suffix pursuant to procedures specified in Section 15.09.050.
This list is intended to be illustrative of the types of
commercial uses permitted.
1. Automotive service, maintenance and repair
facilities.
2. Bakeries and Confectioneries
3. Computer and software stores
4. Convenience and deli marts (maximum gross floor
area of 3,000 square feet)
5. Convention facilities
6. Exhibition halls, art galleries
7. Hotel, motel
8. Liquor stores
9. Magazines and newspaper stands
- 51 -
10. Printing services
11. Private post offices
12. Shoe repair
13. Stationery and office supply stores
14. Tailoring
Other similar uses which the Planning Director finds
compatible with the principally permitted uses described herein;
consistent with the purpose and intent of the M1 District and not
of a type to adversely affect the use of adjoining properties.
(0.2711)
C. Special Permit Uses. The following uses are permitted
provided they conform to the development standards listed in
Section 15.08.020.
1. Gasoline service stations (with or without retail
convenience grocery sales).
2. Nursery schools and day care centers.
D. Accessory Uses. The following are the accessory uses
permitted in the M1 District.
1. Repair operations for products as described as
Principally Permitted Uses and sales and service incidental to a
Principally Permitted Use, provided such operations are housed as
a part of the building or buildings comprising the basic operation.
2. Dwelling units, limited to not more than one per
establishment, for security or maintenance personnel and their
families, when located on the premises where they are employed in
such capacity. No other residential use shall be permitted.
3. Employee recreation facilities and play areas.
4. Restaurant, cafe or cafeteria operated in conjunc-
tion with a Principally Permitted Use for the convenience of
persons employed on the premises.
5. Nursery schools and day care facilities operated in
conjunction with a permitted use.
6. For permitted uses, hazardous substance land uses,
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 20,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050; off-site hazardous waste
treatment and/or storage facilities are not permitted in this
district, except through a special use combining district.
7. Other accessory uses and buildings customarily
appurtenant to a Principally Permitted Use.
8. The following are accessory uses which are allowed
only in the MI -C district in cases where development plans
- 52 -
demonstrate a relationship between these uses and the principal
use or uses of the property:
1. Gift shops
2. Florist shops
3. Specialty clothing stores
E. Conditional Uses. The following are the types of
conditional uses permitted in the Ml District, subject to approval
by the Hearing Examiner. The list of Conditional Permitted Uses
is illustrative of the types of uses which shall be permitted and
is not intended to be exclusive.
1. Any Principally Permitted Use whose operations are
predominately conducted out-of-doors rather than completely
enclosed within a building.
2. Any type of Principally Permitted Use whose opera-
tions are predominantly for the repair of products described
rather than the manufacturing or processing of such products.
3. General Conditional Uses as listed in Section
15.08.030.
4. Carloading and distribution facilities, rail -truck
transfer station.
5. Manufacturing of paint.
6. For permitted uses, accessory hazardous substance
land uses which are not subject to cleanup permit requirements of
Kent City Code Chapter 4.19 and which accumulate more than 20,000
pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050; off-site hazardous waste treatment and/or
storage facilities are not permitted in this district, except
through a special use combining district.
F. Development Standards.
1. Minimum lot One (1) acre.
2. Maximum site coverage. Sixty (60) percent.
3. Yards
a. Front Yard. The minimum front yard setback
shall be related to the classification of the adjacent street.
This classification shall be determined by the Kent Transportation
Engineer. The setbacks are as follows:
i. Properties fronting on arterial and
collector streets shall have a minimum setback of 40 feet.
ii. Properties fronting on local access
streets shall have a minimum setback of 30 feet. (0.2740, §2)
b. Side Yard. The minimum side yard on flanking
street of corner lot shall be related to the classification of the
- 53 -
adjacent street. This classification shall be determined by the
Kent Transportation Fngineer. The setbacks are as follows:
i. Properties fronting on arterial and
collector streets shall have a minimum setback of 40 feet.
ii. Properties fronting on local access
streets shall have a minimum setback of 30 feet. (0.2740, §2)
C. Side yards. The side yards shall have an
aggregate width of ten (10) percent of the lot width, but the
aggregate width need not be more than forty (40) feet. There
shall be a minimum of fifteen (15) feet on each side. (0.2740, §2
d. Rear yard. None required except as may be
required by other setback provisions of this section.
4. Yards, transitional conditions. Transitional
conditions shall exist when an Industrial Park, M1 District,
adjoins a residential district containing a density of two (2)
dwelling units or more per acre or a proposed residential area
indicated on the Kent Comprehensive Plan. Such transitional
conditions shall not exist where the separation includes inter-
vening use such as river, freeway, railroad mainline, major
topographic differential or other similar conditions; or where the
industrial properties face on a limited access surface street on
which the housing does not face. When transitional conditions
exist as herein defined, a yard of not less than fifty (50) feet
shall be provided.
5. Setbacks, Green River. Development in the M1
District abutting the Green River (or Russell or Frager Roads
where such roads follow the river bank) shall set back from the
ordinary high water mark of said river a minimum of two hundred
(200) feet. Such setbacks are in accordance with the State
Shoreline Management Act of 1971, and shall be no more restrictive
than, but as restrictive as, said Shoreline Management Act.
6. Height limitations. Two (2) stories or thirty-five
(35) feet. Beyond this height, to a height not greater than
either four (4) stories or sixty (60) feet, there shall be added
one additional foot of yard for each one foot of additional
building height. The Planning Director shall be authorized to
approve one additional story, provided such height does not
detract from the continuity of the industrial area., and may impose
such conditions as may be necessary to reduce any incompatibility
with surrounding uses. Any additional height increase may be
granted by the Planning Commission. (C. 2676 §1)
7. The landscaping requirements of Chapter 15.07 shall
apply. Where building walls face adjacent streets and are
unfenestrated for more than 40 feet at any point along the facade,
additional landscaping shall be required to reduce visual
impacts. In such circumstances, Type II landscaping as defined in
Section 15.07.050, shall be required, provided that evergreen
trees shall be at least 10 feet in height and deciduous trees
shall be a minimum of 2 inch caliper at time of planting.
(0.2740, §2)
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8. Enclosure of activities. Predominant activities
and operations shall be completely enclosed within buildings or
structures, except for customary appurtenances, such as loading
and unloading areas, or where special conditions exist as a result
of a conditional use public hearing. The Planning Directcr shall
be authorized to determine the reasonable application of this
provision in cases of operational hardship or other showing of
uncommon circumstances.
9. Outside storage or operations yard. Outside
storage or operations yards in the M1 zone shall be permitted only
as accessory uses. Such uses are incidental and subordinate to
the principal use of the property or structure. Outside storage
or operations yards shall be confined to the area to the rear of
the principal building or the rear two-thirds (2/3) of the
property and reasonably screened from view from any property line
by appropriate walls, fencing, earth mounds, or landscaping.
Outside storage exceeding a height of fifteen (15) feet shall be
so placed on the property as to not detract from the reasonably
accepted appearance of the district.
10. Loading areas.
a. Loading areas must be located in such a manner
that no loading, unloading and/or maneuvering of trucks associated
therewith takes place on public rights of way.
b. Earth berms and landscaping shall be provided
along street frontages as necessary to screen dock -high loading
areas from public rights-of-way. Berms shall be a minimum of 36
inches and a maximum of 42 inches in height. Landscaping located
on the berm shall conform to Type II landscaping described in
Section 15.07.050(c). (0.2740, §2)
11. Multitenant buildings. Multitenant buildings shall
be permitted.
12. Improvement and maintenance of yards and open
space. All required yards, parking areas, storage areas, opera-
tions yards, and other open uses on the site shall be maintained
in a neat and orderly manner appropriate for the district at all
times. The Planning Director shall be authorized to reasonably
pursue the enforcement of these provisions where a use is in
violation and to notify the owner or operator of the use in
writing of such noncompliance. The property owner or operator of
the use shall be given a reasonable length of time to correct the
condition.
G. Signs. The sign regulations of Chapter 15.06 shall
apply. Signage on commercial uses in the MI -C zone shall be as
specified in Section 15.05.050(B).
H. Off -Street Parking.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Those areas not required to be landscaped may be
used for off-street parking.
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I. Performance Standards. The performance standards as
provided in Section 15.08.050 shall apply.
J. Development Plan Review. Development plan approval is
required, as provided in Section 15.09.010. (0.2524, §1; 0.2676;
0.2711 §1)
Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and
confirmed. (0.2711 §2)
Section 14. Kent City Zoning Code Section 15.04.180 is
amended as follows:
15.04.180. LIMITED INDUSTRIAL DISTRICT OR M2. Purpose:
The purpose of this district is to provide areas suitable for a
broad range of industrial activities whose characteristics are of
a light industrial nature. The permitted uses are similar to
those of the Industrial Park District but the development
standards are not as restrictive. However, development standards
are aimed at maintaining an efficient and desirable industrial
area.
A. Principally Permitted Uses. The following list is
illustrative of the types of permitted uses and is not intended to
be exclusive.
1. Manufacturing, processing, assembling, and
packaging of articles, products, or merchandise from previously
prepared natural or synthetic materials, including but not limited
to asbestos, bristles, bone, canvas, cellophane, and similar
synthetics, chalk, clay (pulverized only, with gas or electric
kilns), cloth, cork, feathers, felt, fiber, fur, glass (including
glass finishing), graphite, hair, horn, leather, paints (except
boiling processes), paper, paraffin, plastic and resins, precious
or semiprecious metals or stones, putty, pumic, rubber, shell,
textiles, tobacco, wire, wood, wool and yarn.
2. Manufacturing, processing, treating, assembling,
and packaging of articles, products, or merchandise from previ-
ously prepared ferrous, nonferrous or alloyed metals (such as bar
stock sheets, tubes, and wire and other extrusions), including
light foundry casting and forging operations and other forming
operations.
3. Printing, publishing and allied industries,
including such processes as lithography, etching, engraving,
binding, blueprinting, photocopying, film processing, and similar
operations or activities.
4. Manufacturing, processing, blending and packaging
of the following:
a. Drugs, pharmaceuticals, toiletries, and
cosmetics.
b. Food and kindred products, such as confec-
tionary products, chocolate, cereal breakfast foods, bakery
- 56 -
products, paste products, fruits and vegetables, beer, beverages
(except fermenting and distilling), prepared food specialities
(such as coffee, dehydrated and instant foods, extracts, spices
and dressings), and similar products.
C. Dairy products and by-products, such as milk,
cream, cheese, and butter; including the processing and bottling
of fluid milk and cream and wholesale distribution.
5. Warehousing and distribution facilities and the
storage of goods or products including rail -truck transfer
facilities.
6. Crop and tree farming.
7. Administrative or executive offices which are part
of a predominant industrial operation.
8. Scientific research, testing, and experimental
development laboratories.
9. Establishments engaged in electronic, automotive,
aerospace, missile, airframe, or related manufacturing and
assembly activities, including precision machine shops producing
parts, accessories, assemblies, systems, engines, major compo-
nents, and whole electronic or electrical devices, automobiles,
aircraft, missiles, aerospace, or underwater vehicles, or similar
products, but specifically excluding explosive fuels and
propellants.
10. Manufacturing, processing, assembling and packaging
of precision components and products; including precision machine
shops for products such as radio and television equipment,
business machine equipment, home appliances; scientific, optical,
medical, dental, and drafting instruments, photographic and
optical goods, phonograph records and prerecorded audio visual
tape, measurement and control devices, sound equipment and
supplies, personal accessories, and products of similar character.
11. Headquarter offices of industrial operations.
12. Alcoholic beverage processes, such as distilling
and fermenting.
13. Retail and service uses as listed below. These
uses are intended primarily to serve the needs of the industrial
area, are compatible with the permitted types of industrial uses,
and will not interfere with the orderly development of the
industrial area. Such uses shall be limited to twenty-five (25)
percent of the gross floor area of any single or multibuilding
development. Retail and service uses which exceed the twenty-five
(25) percent limit on an individual or cumulative basis shall be
subject to review individually through the Conditional Use Permit
process. (See Subsection 15.04.180 D3.) (0.2676 52)
Retail Trade Uses
Merchandise vending machine operators
Tire, batteries, and accessory (industrial sales)
Eating places (except drive-ins or those with
drive-through facilities)
- 57 -
Service Uses
a. Finance, insurance and real estate services
Banking and related services
Security broker, dealers and related services
Commodity brokers, dealers and related services
Insurance carriers
Insurance brokers, agents and related services
Real estate operators, lessors and management
services
Real estate agents, brokers and related service
Real estate subdividing and developing services
Housing and investment services
b. Personal services
Linen supply and industrial laundry services
Diaper services
Rug cleaning and repair services
Photographic services
Beauty and barber services
Fur repair and storage services
C. Business services
Advertising services (general)
Outdoor advertising services
Consumer and mercantile credit reporting
services; adjustment and collection services
Direct mail advertising services
Stenographic services and other duplicating and
mailing services
Window cleaning services
Disinfecting and exterminating services
News syndicate services
Employment services
Food lockers (with or without food preparation
facilities)
Business and management consulting services
Detective and protective services
Equipment rental and leasing services
Automobile and truck rental services
Motion picture distribution services
Travel agencies
d. Repair services
Electrical repair services
Radio and television repair services
Reupholstery and furniture repair services
Armature rewinding services
e. Professional services
Medical and dental laboratory services
Legal services
Engineering and architectural services
Educational and scientific research services
Accounting, auditing, and bookkeeping services
Urban planning services
f.
Contract construction services
Building construction - general contractor
services
- 58 -
Plumbing, heating, and air conditioning services
Painting, paperhanging and decorating services
Electrical services
Masonry, stonework, tile setting, and
plastering services
Carpentering and wood flooring
Roofing and sheet metal services
Concrete services
Water well drilling services
g. Educational services
Vocational or trade schools
Business and stenographic schools
Driving schools - truck
h. Miscellaneous services
Business association and organizations
Labor unions and similar labor organizations
Other retail trade and service uses which may be
deemed by the Planning Director to be of the same general
character and compatible with those uses listed.
14. Other similar uses which the Planning Director
finds compatible with the Principally Permitted Uses described
herein; consistent with the purpose and intent of the M2 District
and not of a type to adversely affect the use of adjoining
properties.
15. Existing dwellings may be rebuilt, repaired and
otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
16. Municipal uses and buildings, except for such uses and
buildings subject to Section 15.04.200. (0.2695 §10)
B. Special Permit Use. The following uses are permitted
provided they conform to the development standards listed in
Section 15.08.020:
1. Gasoline service stations (with or without retail
convenience grocery sales)
2. Nursery schools and day care centers.
C. Accessory Uses. The following are the accessory uses
permitted in the M2 District:
1. Repair operations for products described as
Principally Permitted Uses and sales and service incidental to a
Principally Permitted Use, provided such operations are housed as
a part of the building or buildings comprising the basic opera-
tions.
2. Dwelling units, limited to not more than one per
establishment, for security or maintenance personnel and their
families, when located on the premises where they are employed in
such capacity. No other residential use shall be permitted.
- 59 -
3. Employee recreation facilities and play areas.
4. Restaurant, cafe, or cafeteria operated in conjunc
tion with a Principally Permitted Use for the convenience of
persons employed on the premises.
5. Nursery schools and day care facilities operated in'
conjunction with a Permitted Use.
6. Other accessory uses and buildings customarily
appurtenant to a Principally Permitted Use.
7. For permitted uses, hazardous substance land uses,
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate mare
than 20,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050; off-site hazardous waste
treatment and/or storage facilities are not permitted in this
district, except through a special use combining district.
D. Conditional Uses. The following are the types of
conditional uses permitted in the M2 District, subject to approval
by the Hearing Fxaminer. The list of Conditionally Permitted Uses
is illustrative of the types of uses which shall be permitted and
is not intended to be exclusive.
1. Any Principally Permitted Use whose operations are
predominantly conducted out-of-doors rather than completely
enclosed within a building.
2. Any type of Principally Permitted Use whose opera-
tions are predominantly for the repair of products described
rather than the manufacturing or processing of such products.
3. Retail and service uses as listed in Subsection
15.04.180 Al2 which individually or on a cumulative basis exceed
twenty-five (25) percent of the gross floor area of any single or
multibuilding development. Conditional Use Permits shall be
required on an individual tenant or business basis and shall be
granted only when it is demonstrated that the operational charac-
teristics of the use will not adversely impact on or off site
conditions on either an individual or cumulative basis.
15.08.030.
4. General Conditional Uses as listed in Section
5. Principally Permitted Uses in the M3 Districts.
6. Manufacturing of paint.
7. Automobile service centers, with or without
gasoline sales. (0.2742, §1)
8. For permitted uses, accessory hazardous substance
land uses which are not subject to cleanup permit requirements of
Kent City Code Chapter 4.19 and which accumulate more than 20,000
pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050; off-site hazardous waste treatment and/or
storage facilities are not permitted in this district, except
through a special use combining district.
E. Development Standards.
1. Minimum lot. 20,000 square feet.
2. Maximum site coverage. Sixty-five (65) percent.
3. Yards
a. Front yard. The front yard shall be fifteen
(15) percent of the lot depth. Regardless of lot size, the yard
depth need not be more than forty-five (45) feet.
b. Side yard on flanking street of corner lot.
The side yard on the flanking street of a corner lot shall be
fifteen (15) percent of lot width tut need not be more than
thirty-five (35) feet in width.
C. Side yard. The side yards shall have an aggre-
gate width of ten (10) percent of the lot width, but the aggregate
width need not be more than thirty (30) feet. There shall be a
minimum of ten (10) feet on each side.
d. Rear yard. None except as may be required by
transitional conditions.
4. Yards, transitional conditions. Transitional
conditions shall exist when an M2 District adjoins a residential
district containing a density of two (2) dwelling units or more
per acre or a proposed residential area indicated on the Kent
Comprehensive Plan. Such transitional conditions shall not exist
where the separation includes intervening use such as river,
freeway, railway mainline, major topographic differential or other
similar conditions; or the industrial properties face on a limited
access surface street on which the housing does not face. When
transitional conditions exist as herein defined, a yard of not
less than fifty (50) feet shall be provided.
5. Height limitation. Two (2) stories or thirty-five
(35) feet. Beyond this height, to a height not greater than
either four (4) stories, or sixty (60) feet there shall be added
one additional foot of yard for each one foot of additional
building height.
The Planning Director shall be authorized to
approve one additional story, provided such height does not
detract from the continuity of the industrial area, and may
propose such conditions as may be necessary to reduce any
incompatibility with surrounding uses. Any additional height
increases may be granted ty the Planning Commission.
6. The landscaping requirements of Chapter 15.07 shall
apply.
7. Outside storage. Outside storage or operation
yards shall be confined to the area to the rear of a line which is
an extension of the front wall of the principal building and shall
- 61 -
be reasonably screened from view from any street by appropriate
walls, fencing, earth mounds, or landscaping.
8. Loading areas. Loading areas must be located in
such a manner that no loading, unloading and/or maneuvering of
trucks associated therewith takes place on public rights-of-way.
9. Multitenant buildings. Multitenant buildings shall
be permitted.
10. Improvement and maintenance of yards and open
areas. All required yards, parking areas, storage areas, opera-
tions yards, and other open uses on the site shall be improved as
required by these regulations and shall be maintained in a neat
and orderly manner appropriate for the district at all times. The
Planning Director shall be authorized to reasonably pursue the
enforcement of these provisions where a use is in violation and to
notify the owner or operator of the use in writing of such noncom-
pliance. The property owner or operator of the use shall be a_iven
a reasonable length of time to correct the condition.
F. Signs. The sign regulations of Chapter 15.06 shall
apply.
G. Off -Street Parking.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Those areas not required to be landscaped may be
used for off-street parking.
H. Performance Standards. The performance standards as
provided in Section 15.08.050 shall apply.
I. Development Plan Review. Development plan approval is
required as provided in Section 15.09.010. (0.2524, §2)
Section 15.
amended as follows:
Kent City Zoning Code Section 15.04.190 is
15.04.190. GENERAL INDUSTRIAL DISTRICT OR M3. Purpose:
The purpose of this district is to provide areas suitable for the
broadest range of industrial activities, and to specify those
industrial activities having unusual or potentially deleterious
operational characteristics, where special attention must be paid
to location and site development. Light industrial uses which
require restrictive standards on the part of adjoining uses are
discouraged from locating in this district.
A. Principally Permitted Uses. The description of
Principally Permitted Uses is illustrative of the types of uses
which shall be permitted in the M3 District and is not intended to
be exclusive.
1. Administrative or executive offices which are part
of a predominant industrial operation.
- 62 -
2. Scientific research, testing, and experimental
development laboratories conducted in conjunction with a
Principally Permitted Use.
3. Manufacturing, processing, assembling and packaging
of articles, products, or merchandise from previously prepared
natural or synthetic materials, including but not limited to
asbestos, bristle, bone, canvas, cellophane and similar
synthetics, chalk, clay, leather, paints, paper, paraffin,
plastics and resin, precious and semi-precious stones, putty,
pumice, rubber, shell, textiles, tobacco, wire, wood, wool, and
yarn.
4. Manufacturing, processing, treating, assembling and
packaging of articles, products, or merchandise from previously
prepared ferrous, nonferrous or alloyed metals, excluding predomi-
nantly drop forge and drop hammer operations.
5. Printing, publishing and allied industries,
including such processes as lithography, etching, engraving,
binding, blueprinting, photocopying, film processing and similar
operations or activities.
6. Manufacturing, processing, blending and packaging
of products such as the following:
a. Drugs, pharmaceuticals, toiletries, and
cosmetics.
b. Soaps, detergents, and other basic cleaning and
cleansing preparations.
C. Plastics and synthetic resins.
d. Synthetic and natural fiber and cloth.
e. Prepared and basic food, beverage and kindred
products, including ice manufacture and storage and cold storage
plants, but excluding meat and seafood products.
f. Plywood, composition wallboard and similar
structural wood products.
g. Nonmetallic mineral products such as abrasives,
asbestos, chalk, pumice and putty.
h. Heat resisting or structural clay or cement
products (brick, tile, pipe) or porcelain products (bath fixtures,
tanks).
i. Machinery and heavy machine tool equipment for
general industry and mining, agriculture, construction, or service
industries.
j. Transportation machinery and equipment, such as
motor vehicles, aircraft, trucks and trailers, mobile homes,
boats, missiles, railroad rolling stock, and other transporta-
tion -oriented apparatus, but excluding explosive fuels and
propellants.
- 63 -
k. Business and domestic machinery, equipment and
supplies.
7. Basic wood processing, including such operations as
sawmills, planing mills, and the primary preserving, veneering or
laminating of wood.
8. Machine shops and specialty job shops.
9. Warehousing and distribution facilities and the
storage of goods and products, except for those goods or products
specifically described as permitted to be stored as Conditional
Uses.
10. Contractors' service yards and shops and construc-
tion suppliers.
11. Truck storage yards.
12. Enameling, galvanizing, painting, electroplating.
13. Public utility service yards and shops and major
public utility facilities, including steam electric generating
stations, electric transmission substations and attendant micro-
wave facilities incorporated as part of such uses.
14. Transportation and transit terminals, including
repair and storage facilities and rail -truck stations, except
classification yards in the category of "hump yards".
15. Crop and tree farming.
16. The reasonable expansion or evolution of a legally
established use whose expanded or altered sphere of activity may
include uses normally considered Ml and M2 types of operations,
whose standards of operation shall not be affected by the reason-
able level of performance expected in the M3 district.
17. Truck repair and service facilities.
18. Other similar uses which the Planning Director
finds compatible with the Principally Permitted Uses described
herein, and consistent with the purpose and intent of the M3
District.
19. Manufacturing of paint.
20. Existing dwellings may be rebuilt, repaired and
otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
21. Municipal uses and buildings, except for such uses
and buildings subject to Section 15.04.200. (0.2695 911)
- 64 -
B. Accessory Uses.
1. Repair operations for products described as Princi-
pally Permitted Uses and sales and service incidental to a Princi-
pally Permitted Use, provided such operations are housed as a part
of the building or buildings comprising the basic operations.
2. Dwelling units, limited to not more than one per
establishment, for security or maintenance personnel and their
families, when located on the premises where they are employed in
such capacity. No other residential use shall be permitted.
3. Employee recreation facilities and play areas.
4. Restaurant, cafe, or cafeteria operated in conjunc-
tion with a Principally Permitted Use for the convenience of
persons employed on the premises.
5. Other accessory uses and buildings customarily
appurtenant to a Principally Permitted Use.
6. For permitted uses, hazardous substance land uses
including on-site hazardous waste treatment and/or storage
facilities, which are not subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and which do not accumulate more
than 20,000 pounds of hazardous substances or wastes or any
combination thereof at any one time on site, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which require a conditional
use in this district.
C. Conditional Uses. The following are the types of
conditional uses permitted in the M3 District, subject to approval
by the Hearing Examiner. The list of conditional uses is illu-
strative of the types of uses which shall be permitted and not
intended to be exclusive.
1. Manufacture of such types of basic materials as
follows:
a. Gum and wood chemicals and fertilizers, and
basic industrial organic and inorganic chemicals or products such
as alkalies and chlorine, industrial, and liquid petroleum, gases,
cellophane, coal tar products, dyes and dye products, impregnated
products, tanning compounds, and glue and gelatin.
b. Hydraulic cement, concrete, gypsum, lime,
carbon, carbon black, graphite, coke, glass, and similar products.
2. Manufacture of products such as the following:
a. Ammunition, explosives, fireworks, matches,
photographic film, missile propellants, and similar combustibles.
b. Rubber from natural, synthetic, or reclaimed
materials.
C. Paving and roofing materials or other products
from petroleum derivatives.
- 65 -
3. Refining of materials such as petroleum and
petroleum products, metals and metal ores, sugar, and fats and
oils.
4. Distilling of materials such as bone, coal, coal
tar, coke, wood, and other similar distillates.
5. Heavy metal processes, such as ore reduction or
smelting, including blast furnaces, and including drop forging,
drop hammering, boiler plate works, and similar heavy metal opera-
tions.
a. Asphalt batching plants.
b. Concrete mixing and batching plants, including
ready -mix concrete facilities.
c. Rock crushing plants and aggregate dryers.
d. Sandblasting plants.
6. Animal and food processing, including the following
and similar operations:
a. Tanning, dressing, and finishing of hides,
skins, and furs.
b. Meat and seafood products packaging, freezing,
curing, canning and processing.
C. Nitrating of cotton and other materials.
d. Rendering of animal grease or tallow, fish oil,
and similar materials.
e. Slaughtering, stockyard, feed lot, dairy, and
similar operations.
f. Pickling and brine curing processes.
g. Wholesale produce markets.
7. Salvage, wrecking, and disposal activities,
including the following and similar operations:
a. Automobile and building wrecking and salvage.
b. Salvage of industrial waste materials, such as
metal, paper, glass, rag, and similar materials.
C. Sewage disposal and treatment plants.
d. Dump and sump operations for such uses as
rubbish, garbage, trash, an other liquid and solid wastes.
8. Storage of the following kinds of goods:
a. Bulk storage of oil, gas, petroleum, butane,
propane, liquid petroleum gas, and similar products, and bulk
stations and plants.
b. Used building materials, mover's equipment,
relocated buildings, impounded vehicles, and similar materials.
C. Explosives or fireworks, except where inci-
dental to a Principally Permitted Use.
d. Fertilizer or manure.
9. General Uses as listed in Section 15.08.030.
10. For permitted uses, accessory hazardous substance
land uses which are not subject to cleanup permit requirements of
Kent City Code Chapter 4.19 and which accumulate more than 20,000
pounds of hazardous substances or wastes or any combination
thereof at any one time on site, subject to the provisions of
Section 15.08.050, except off-site hazardous waste treatment
'and/or storage facilities which require a conditional use permit
in this district.
11. Off-site hazardous waste treatment and/or storage
facilities, subject to the provisions of Section 15.08.050.
12. Any hazardous substance land use that is not an
accessory use to a principally permitted use.
D. Development Standards
1. Minimum lot. 15,000 square feet.
2. Maximum site coverage. Seventy-five (75) percent.
3. Yards
a. Front yard. The front yard shall be ten (10)
percent of the lot depth. Regardless of lot size, the yard depth
need not be more than thirty-five (35) feet.
b. Side yard on the flanking street of a corner
lot. The side yard on the flanking street of a corner lot shall
be at least ten (10) percent of the lot width unless the ten (10)
percent figure would result in a side yard of greater than twenty
(20) feet in which case the side yard need not be more than twenty
(20) feet.
C. Side yard. The side yards shall have an aggre-
gate width of ten (10) percent of the lot width but the aggregate
width need not be more than twenty-five (25) feet. There shall be
a minimum of ten (10) feet on each side.
d. Rear yard. None required except as may be
required by transitional conditions.
4. Yards, transitional conditions. Transitional
conditions shall exist when a M3 District adjoins a residential
district containing a density of two (2) dwelling units or more
per acre or a proposed residential area indicated on the Kent
Comprehensive Plan. Such transitional conditions shall not exist
where the separation includes an intervening use such as river,
railroad mainline, major topographic differential or other similar
- 67 -
conditions; or where the industrial properties face on a limited
access surface street on which the housing does not face. When
transitional conditions exist as herein defined, a yard of not
less than fifty (50) feet shall be provided.
5. Height limitation. Two (2) stories or thirty-five
(35) feet. Beyond this height to a height not greater than either
four (4) stories or sixty (60) feet there shall be added one
additional foot of yard for each two (2) feet of additional
building height.
The Planning Director shall be authorized to
approve one (1) additional story, provided such height does not
detract from the continuity of the industrial area, and may impose
such conditions as may be necessary to reduce any incompatibility
with surrounding uses. Any additional height increases may be
granted by the Planning Commission.
6. The landscaping requirements of Chapter 15.07 shall
apply.
7. Outside storage. Outside storage or operations
area shall be fenced for security and public safety at the
property line.
8. Multitenant buildings. Multitenant buildings shall
be permitted.
9. Loading areas. Loading areas must be located in
such a manner that no loading, unloading and/or maneuvering of
trucks associated therewith takes place on public rights-of-way.
10. Improvement and maintenance of yards and open
areas. All required yards, parking areas, storage areas, opera-
tions yards, and other open uses on the site shall be improved as
required by these regulations and shall be maintained in a neat
and orderly manner appropriate for the district at all times. The
Planning Director shall be authorized to reasonably pursue the
enforcement of these provisions where a use is in violation and to
notify the owner or operator of the use in writing of such noncom-
pliance. The property owner or operator of the use shall be given
a reasonable length of time to correct the conditions.
E. Signs. The sign regulations of Chapter 15.06 shall
apply.
F. Off -Street Parking.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Off-street parking may be located in required
yards, except where landscaping is required.
G.
provided
in
Performance Standards. The performance standards as
Section 15.08.050 shall apply.
H. Development Plan Review. Development plan approval is
required as provided in Section 15.09.010.
M -EM
Section 16. Kent City Zoning Code Section 15.04.200 is
amended as follows:
15.04.200. SPECIAL USE COMBINING DISTRICT OR SU.
Purpose: It is the purpose of this district to provide for
special controls for certain uses which do not clearly fit into
other districts, which may be due to technological and social
changes, or which are of such unique character as to warrant
special attention in the interest of the City's optimum develop-
ment and the preservation and enhancement of its environmental
quality.
A special use combining district is imposed on an existing
zoning district, permitting the special use as well as uses
permitted by the underlying zone. The combining district becomes
void if substantial construction has not begun within a one (1)
year period and the district reverts to its original zoning
designation.
It is the intent of the Special Use Combining Regulations
to provide the City with adequate procedures for controlling and
reviewing such uses and to discourage application for speculative
rezoning.
A. Uses Subject to Special Use Combining District Regula-
tions. The following list is illustrative of the types of uses
subject to Special Use Combining District Regulations and is not
intended to be exclusive.
1. Occupy or would occupy large areas of land;
2. Would involve the construction of buildings or
other structures of unusual height or mass;
3. House, employ, or serve large numbers of people;
4. Generate heavy traffic;
5. Have unusual impact on environmental quality of the
area;
6. Any use which does not lend itself to an interpre-
tation of substantial similarity to other uses identified or
described in this code.
7. Uses which, in the judgment of the Planning
Director, warrant review by the Planning Commission and the City
Council;
8. Examples of uses subject to review described above
would include, but are not limited to, the following:
a. Commercial uses: sports stadiums, rodeos,
fairgrounds, exhibition or convention halls, merchandise marts,
drive-in theaters.
b. Special environmental problems posed by:
refineries, nuclear power generating plants, airports, heliports,
sanitary land fills, extractive industries, solid waste
incinerator or energy/resource recovery facility.
C. Hazardous wastes: off-site hazardous waste
treatment and/or storage facilities in M1 and M2 districts only,
subject to the provisions of Section 15.08.050.
B. Application Procedures. The application procedure for
a Special Use Combining District shall be the same as for an
amendment to this code as provided in Section 15.09.050 except
that Development Plan approval is concurrent with the combining
district.
C. Documentation Required.
1. A vicinity map drawn to a scale not smaller than
1,000 feet to the inch showing the site in relation to its
surrounding area, including streets, roads, streams, or other
bodies of water, the development characteristics and zoning
pattern of the area, and a scale and north arrow. Said vicinity
map may be in sketch form but shall be drawn with sufficient
accuracy to reasonable orient the reader to the vicinity, and to
adequately convey the required information.
2. A map or drawing of the site drawn to a scale
acceptable to the Planning Department (generally 100 feet to the
inch). Said map or drawing shall show the following information:
a. Dimensions and names of streets bounding or
touching the site.
b. Such existing or proposed features as streams
or other bodies of water, rights of way, easements, and other
physical or legal features which may affect or be affected by the
proposed development.
C. Existing and proposed topography at contour
intervals not more than five (5) feet in areas having slopes
exceeding three (3) percent, and not more than two (2) feet in
areas having slopes of less than three (3) percent.
d. Accurate legal description of the property.
e. Existing and proposed structures or buildings,
including the identification of types and proposed use of said
structures. All uses must be compatible with the major use.
f. Off-street parking and loading facilities.
g. Dimensions of the site, distances from property
lines, and space between structures.
h. Tentative routing of domestic water lines,
storm drains, sanitary sewers, and other utilities, including an
identification of planned disposal or run-off.
i. The Planning Department may also require the
developer to submit elevations, perspective renderings, or such
other graphic material or evidence to illustrate affect on the
view enjoyed by and from other properties in the vicinity.
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j. Architectural renderings of buildings.
k. A written statement providing the following
information:
i. Program for development, including
staging or timing.
ii.
tion of development.
if any.
Proposed ownership pattern upon comple-
iii. Basic content of restrictive covenants,
iv. Provision to assure permanence and
maintenance of open space through means acceptable to the City of
Kent.
V. Statement or tabulation of number of
persons to be employed, served, or housed in the proposed develop-
ment.
vi. Statement describing the relationship of
the proposed development to Kent's Comprehensive Plan.
vii. Statement indicating availability of
existing or proposed sanitary sewers.
3. Such other data or information as the Planning
Department may require.
D. Development Standards. In reviewing and approving
proposed developments falling under the purview of this section,
the Hearing Examiner and City Council shall make the following
findings:
1. That the location for the proposed use is reason-
able;
2. That existing or proposed traffic ways are adequate
to serve new development;
3. That setback, height, and bulk of buildings are
acceptable for the proposed use and for the vicinity in which it
is located;
4. That landscaping and other site improvements are
comparable to the highest standards set forth for other develop-
ments in this code;
5. That the performance standards pertaining to air
and water pollution, noise levels, etc., are comparable to the
highest standards specified for other uses in this code;
6. That the proposed development is in the public
interest and serves a need of community -wide or regional impor-
tance.
In reviewing and approving special uses, the Hearing
Examiner and the City Council may impose such conditions as it
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deems necessary in the interest of the welfare of the City and the
protection of the environment.
E. One -Year Validity. Any Special Use Combining District
shall remain effective only for one year unless the use is begun
within that time or construction has commenced. If not in use or
construction has not commenced within one year of the granting of
the Special Use Combining District, the combining district shall
become invalid, and the original zoning designation of the land
shall apply.
F. Minor and Major Adjustments.
1. If minor adjustments are made following the
adoption of the final development plan and approval of the
Combining District, such adjustments shall be approved by the
Planning Director prior to the issuance of a building permit.
Minor adjustments are those which may affect the precise dimen-
sions or siting of buildings approved in the final plan, or the
density of the development or open space provided.
2. Major adjustments are those which, as determined by
the Planning Director, substantially change the basic design,
density, open space uses or other similar requirements or provi-
sions.
Authorization for major adjustments shall be made
by the Kent City Council.
3. The provisions above pertaining to minor and major
adjustments shall apply to various parts of a staged development.
Section 17. Kent City Zoning Code Section 15.08.020 is
amended as follows:
15.08.020. SPECIAL PERMIT USES. The following uses are
permitted in the several districts in which they are listed as
special permit uses provided that they conform to the development
standards listed below in addition to conforming to the develop-
ment standards of the zoning district in which the use is located.
A. Churches. Excludina drive-in churches which are condi-
tional uses.
1. Minimum lot. One (1) acre.
2. Front yard. There shall be a front yard of at
least twenty (20 feet depth.
3. Side yard. Each side yard shall be a minimum of
fifteen (15) feet width.
4. Rear yard. There shall be a rear yard of at least
twenty (20) feet depth.
5. Ingress and Egress. A separate entrance and exit
shall be provided. Loading and unloading areas shall be provided
and shall be located off public streets.
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6. Landscaping. All yard areas must be landscaped.
7. Day care centers in churches must also provide the
required play area, as provided in Subsection 15.08.020 B.
8. Off. -street parking and sign regulation shall be
observed.
B. Nurseries and Day Care Centers.
1. Minimum lot. Ten thousand (10,000) square feet.
2. Front yard. There shall be a front yard of at
least twenty (20) feet minimum depth.
3. Side yard. Each side yard shall be a minimum of
eight (8) feet width.
4. Rear yard. The rear yard shall be at least twenty
(20) feet minimum depth.
5. Play area. A fenced and screened play lot on or
adjoining the premise shall be provided with a minimum area of
four hundred (400) square feet plus an additional forty (40)
square feet for each child in excess of ten (10).
6. Ingress and egress. A separate entrance and exit
shall be provided. Loading and unloading areas shall be provided
and shall be located off the public street.
7. Landscaping. Landscaping shall be provided to a
minimum width of eight (8) feet along property line abutting
residential uses. Landscaping shall be in a manner assigned by
the Planning Department at the time of the Development Plan Review,
8. Off-street parking and sign regulations shall be
observed.
C. Gasoline Service Stations (with or without retail
convenience grocery sales). The provision of gasoline pumps shall
not be considered incidental or secondary to a permitted use, and
must conform to the requirements of this section.
1. Minimum lot area. Fifteen thousand (15,000) square
feet.
2. Lot frontage. There shall be at least one hundred
twenty (120) feet frontage on a public street.
3. Pump setbacks. The pump island shall be set back
fifteen (15) feet from the public right of way and any property
lines.
4. Lubrication. Lubrication shall be done within an
enclosed building.
5. Buffer of adjacent property. A solid or woven
fence, free of advertising, shall be maintained along property
lines which flank residential districts.
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6. Lighting. Lighting devices shall be shaded so as
not to glare into residential districts.
7. Hours. Gasoline service stations abutting residen-
tial districts shall limit their hours of operation from 6 a.m. to
9 p.m. Signs shall not be lit when the service station is closed.
8. Ingress and egress. Driveway widths shall not be
greater than thirty (30) feet nor closer together than twenty-five
(25) feet, no closer than five (5) feet to a property line; there
shall be not more than two (2) driveways per public right of way.
9. Off-street parking shall be provided in compliance
with Chapter 15.05.
10. The sign regulations of Chapter 15.06 shall apply.
11. Convenience grocery sales facilities shall be
limited to a maximum size of 3,000 square feet gross floor area in
zones which do not allow retail grocery sales as a principally
permitted use.
12. Development standards and criteria of the under-
lying zoning district shall apply unless otherwise noted in this
section.
13. Motor Fuels. Quantity limitations on hazardous
substance land uses including on-site hazardous waste treatment
and/or storage facilities shall not apply to motor fuels that may
be stored on site for the permitted use.
D. Drive -In Restaurants.
1. Minimum lot area. Fifteen thousand (15,000) square
feet.
2. Front yard. There shall be a front yard of at
least twenty (20Y feet depth.
3. Side yard. Each side yard shall be at least twenty
(20) feet width.
4. Rear yard. There shall be a rear yard of at least
twenty (20) feet depth.
5. Ingress and egress. Driveway widths shall not be
greater than thirty (30) feet nor closer together than twenty-five
(25) feet, nor closer than five (5) feet to a property line; there
shall be not more than two (2) driveways per public right of way.
6. Landscaping. Ten (10) foot strip along street
rights of way except at points of ingress and egress to the
property. Five (5) foot strip of landscaping along side lot lines
shall be provided. Landscaping shall be in a manner assigned by
the Planning Department at the time of Development Plan Review.
(0.2524, §3)
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Section 18. Kent City Zoning Code Section 15.08.050 is
amended as follows:
15.08.050. PERFORMANCE STANDARDS.
A. Performance Standards Defined. Performance standards
deal with the operational aspects of land uses. While performance
standards shall apply to all land uses within the City, they are
primarily concerned with the impact of industrial development upon
the environment. Continued compliance with the performance
standards shall be required of all uses, except as otherwise
provided for in these regulations.
No land or building in any district shall be used or
occupied in any manner so as to create any dangerous, injurious,
noxious, or otherwise objectionable condition. The following
elements, if created, may become dangerous, injurious, noxious or
otherwise objectionable under the circumstances, and are then
referred to as "dangerous or objectionable elements":
1. Noise, vibration or glare.
2. Smoke, dust, odor or other form of air pollution.
3. Heat, cold or dampness.
4. Hazardous substance and/or wastes.
B. Nonconforming Uses. Uses established before the effec-
tive date of this code and nonconforming as to performance
standards shall be given three (3) years in which to conform
therewith.
C. Locations Where Determinations are to be Made for
Enforcement of Performance Standards. The determination of the
existence of any dangerous and objectionable elements shall be
made at the location of the use creating the same and at any
points where the existence of such elements may be more apparent
(herein referred to as "at any point"); provided, however, that
the measurement of performance standards for noise, vibration,
odors, or glare, shall be taken at the following points of
measurement:
1. In all districts: at the property lines or lot
lines or
2. In all districts: at the buffer zone setback line
for any hazardous substance land use facility which must be at
least 50 feet from any property line.
D. Dangerous and Objectionable Elements.
1. Noise. At the points of measurement specified in
Section 15.08.050 subsection C, the maximum sound pressure level
radiated in each standard octave band by any use or facility
(other than transportation facilities or temporary construction
work) shall not exceed the values for octave bands lying within
the several frequency limits given in Table I after applying the
corrections shown in Table II. The sound pressure level shall be
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measured with a sound level meter and associated octave band
analyzer conforming to standards prescribed by the American
Standards Association. (American Standard Sound Level Meters for
Measurement of Noise and Other Sounds 224.3-1944 American Standard
Specification for an Octave Band Filter Set for the Analysis of
Noise and Other Sounds, Z24.10-1953, or latest approved revision
thereof, American Standards Association, Inc. New York, N.Y.,
shall be used.)
2. Vibration. No vibration shall be permitted which
is discernible without instruments at the points of measurement
specified in Chapter 15.08.
3. Odors. No emission shall be permitted of odorous
gases or other odorous matter in such quantities so as to exceed
the odor threshold at the parts of measurements listed below. The
odor threshold shall be defined as the concentration in the air of
a gas or vapor which will just evoke a response in the human
olfactory system.
a. Industrial Park District - M1. Odorous matter
released from any operation or activity shall not exceed the odor
threshold beyond lot lines.
b. Limited Industrial District - M2. Odorous
matter released from any operation or activity shall not exceed
the odor threshold beyond lot lines.
C. General Industrial District - M3. Odorous
matter released from any operation or activity shall not exceed
the odor threshold beyond the district boundary or five hundred
,(500) feet from the lot line, whichever distance is shortest.
4. Clare. No direct or sky -reflected glare, whether
from floodlights or from high temperature processes such as
combustion or welding or otherwise, so as to be visible at the
points of measurement specified in Subsection 15.07.050 C shall be
permitted. This restriction shall not apply to signs or flood-
lighting of buildings for advertising or protection otherwise
permitted by the provisions of this code.
5. Radioactivity or electrical disturbance. The
regulations of the Federal Occupational Safety and Health
Standards shall apply for all radioactivity and electrical
disturbance unless local codes and ordinances supersede this
federal regulation.
TAELF I
Sound Pressure Levels in Decibels
Octave Bank, Cycles
Per Second
20-75
75-150
150-300
300-600
600-1,200
1,200-2,400
2,400-4,800
4,800-IOKC
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Maximum Permitted Sound
Pressure Level, Decibels
75
70
64
59
53
47
40
34
TABLE II
Correction in Maximum Permitted Sound Pressure Level
in Decibels to be Applied to Table I
Type of Operation or
Character of Noise
Noise source operates less than
20 percent of any one hour period.
Noise source operates less than
5 percent of any one hour period.
Noise source operates less than
1 percent of any one hour period.
Noise of impulsive character
(hammering, etc.)
Noise of periodic character
(hum, screech, etc.)
*Apply one of these corrections only.
Correction
in Decibels
Plus 5*
Plus 10*
Plus 15*
Minus 5
Minus 5
6. Fire and explosion hazards. The relevant provi-
sions of federal, state and local laws and regulations shall apply
7. Smoke, fly ash, dust, fumes, vapors, gases and
other forms of air pollution. The standards of the Puget Sound
Air Pollution Control Agency, Regulation I, or those regulations
as may be subsequently amended, shall apply.
8. Liquid or solid wastes. No discharge of any
materials of such nature or temperature as can contaminate any
water supply, interfere with bacterial processes in sewage treat-
ment, or otherwise cause the emission of dangerous or offensive
elements shall be permitted, at any point into any public sewer,
private sewage disposal system, or stream, or into the ground,
except in accord with standards approved by the Washington State
Department of Ecology or other appropriate state agencies.
9. Hazardous substances or wastes. No release of
hazardous substances or wastes as can contaminate any water
supply, interfere with bacterial processes in sewage treatment, or
otherwise cause the emission of dangerous or offensive elements
shall be permitted, at any point into any public sewer, private
sewage disposal system, watercourse or water body, or the ground,
except in accordance with standards approved by the Washington
State Department of Ecology or other appropriate state or federal
agency. The relevant provisions of federal, state, and local laws
and regulations shall apply, and compliance shall be certified by
applicants for permits under the Zoning Code, City of Kent. The
following site development standards shall apply:
a. Hazardous waste facilities shall meet the
Location Standards for Siting Dangerous Waste Management
Facilities in Washington adopted pursuant to Chapter 70.105 RCW;
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b. Hazardous substance land use facilities shall
be located at least:
1. 200 ft. from unstable soils or slopes which
are delineated on the "Hazard Area Development Limitations" map or
as may be more precisely determined per Section 15.08.224.B;
2. 200 ft. from the ordinary high water mark
of major or minor streams or lakes which are delineated on the
"Hazard Area Development Limitations" map or as may be more
precisely determined per Section 15.08.224.B, shorelines of
state-wide significance, or shorelines of the state;
3. 1/4 mi. from public parks, public
recreation areas or natural preserves, or state or federal
wildlife refuges;
4. 50 ft. from any property line to serve as
an on-site hazardous substance land use facility buffer zone;
5. 500 ft. and 100 ft. from a residential zone
and a residential unit respectively; and
6. 500 ft. from a public gathering place or
agricultural land/zone, in the case of a non-agricultural
hazardous substance land use facility;
C. Hazardous substance land use facilities shall
not be located in a 100-vear floodplain;
d. Hazardous substance land use facilities which
are not entirely enclosed within a building shall provide a Type
I: Solid Screen landscaping of a width of at least 10 feet in the
hazardous substance facility buffer zone required by subsection
b.4);
e. Aboveground hazardous substance land use
facilities shall be constructed with containment controls which
will prevent the escape of hazardous substance and/or wastes in
the event of an accidental release form the facility and shall
meet federal, state, and local design and construction
requirements;
f. Underground hazardous substance land use
facilities shall meet federal, state, and local design and
construction requirements;
g. Hazardous substance land uses shall comply with
Article 80 of the Uniform Fire Code as revised in 1988 and
thereafter;
h. Hazardous substance land uses shall provide for
review and approval by the Kent Fire Department a hazardous
substance spill contingency plan for immediate implementation in
the event of a release of hazardous substances or wastes at the
facility;
i. Hazardous substance land keep should use
traffic routes which do not go through residential zones; and
J Hazardous substance land uses in the 0, NCC,
CC, and DC zones shall be entirely enclosed within a building.
In case of conflict between any of these site
development standards and the development standards of specific
zoning districts or other code requirements, the more restrictive
requirement shall apply.
Section 19. Kent City Zoning Code Section 15.09.100 is
amended as follows:
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
of this Code or failure t
(including violations of
connection with grants of
constitute a misdemeanor.
Violation. Violation of the provisions
o comply with any of its requirements
conditions and safeguards established in
variances or special exceptions) shall
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 Citv to collect such costs, the violator
shall be required to pay all legal costs and fees, including_
reasonable attorney fees.
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Section 20. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provide ty 1
DAN KELLEHER, MAYOR
ATTEST:
'd
MARIE DENS CITY CLERK
APPROVED AS TO FORM:
NDRA DRISCOLL, CITY ATTORNEY
PASSED the day of 1988.
APPROVED the ��� day of �, 1988.
PUBLISHED the day of , 1988.
I hereby certify that this is a true copy of Ordinance
No t�� , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
5840-210
.M
(SEAL)
MARIE JENS,21CITY LERK