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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by Ord. 3439 Amended by Ord. 3507 Amended by Ord. 3691 Amended by Ord. 3700 Amended by Ord. 3916 Amended by Ord. 4003 (repealed Sec. 15.04; amended Sec. 15.08.020) (Sec. 15.08.020) (Sec. 15.08.050) {Sec. 15.08.050(D)(9)1 {Sec. 15.08.050(D)(9)1 (Sec. 15.08.050) (Sec. 15.08.020;15.08.050)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: �'' • 15 o S , 5 0 ') . 1 J • ! 4 , i < �' �.a / S, 0 q, 1 a C; 0 ,337 Q } G 1 w /5, a 4. - 33'7 3a rJru 331 ,; �?2c , 3 380 p 90 - 012,43 37 SEC. 1?8 sec. iSi Y, f &'o C 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 - 2 - 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. - 3 - 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: - 4 - 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. - 6 - 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. 1�-9�-}�5:--6R68HBE9�ER:--Bew-g�ew�sg-�ege�a���e a e }ads -w hh-a-Mesad-e -sg ead ae- arse-ef-grewhh-that-ptev!-6es sell-ee�e�-w}�h�s-ewe-yews-af�e�-plas��sg---{F�a�p�es---sed-e� seed-laws;-+vy;-Ess.ipefs;-eeteseastef;-ete-4 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 - 7 - 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. lb-8�-�8A---6HB6�-E6g�A�E---A�-aeeesse�y;-�etae�e� �well�n�-w�theat-any-��tehe�-fae�l�t�ea-�ea�g�e�-fey-a��-ase-te lease-t�a�s�ept-�}s�te�s-e�-�e�-pey�ag-gaests-et-the-eeeapa�ts-e� the -irain- ba}ld47sg- 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) - 54 - 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. - 55 - 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. - 70 - 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 - 71 - 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. - 72 - 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. - 73 - 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) - 74 - 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 - 75 - 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 - 76 - 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; - 77 - 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. - 79 - 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