HomeMy WebLinkAbout2808Ordinance No. 2808
(Amending or Repealing Ordinances)
CFN=0131 Zoning Codes
Passed - 10/18/1988
Hazardous Waste
Recodifying Secs. 15.02.185;15.02.186;15.02.332;15.02.335
Adding Secs. 15.02.184;15.02.185;15.02.267;15.02.334
Amending Secs. 15.02.175;15.04.005;15.04.015;15.04.120;15.04.130;15.04.140;
15.04.150;15.04.190;15.08.050;15.09.100
Amended by Ord. 3409 (Secs. 15.04.005,15.04.015,15.04.120,
15.04.130,15.04.140, 15.04.150 & 15.04.190 repealed)
Amended by Ord. 3507 (Sec. 15.08.050)
Amended by Ord. 3691;3700 (Sec. 15.08.050(D)(9))
Amended by Ord. 3916 (Sec. 15.08.050)
Amended by Ord 4003 (Sec. 15.08.050)
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, amending the Kent Zoning Code to
include certain definitions previously
approved, but not included in prior hazardous
substance Ordinance #2801, and correcting
numerical sequences and typographical notations
within the Kent City Zoning Code, recodifying
Sections 15.02.185, 15.02.186, 15.02.332 and
15.02.335, adding sections 15.02.184,
15.02.185, 15.02 .267 and 15.02.334, amending
15.02.175, 15.04.005, 15.04.015, 15.04.120,
15.04.130, 15.04.140, 15.04.150, 15.04.190,
15.08.050 and 15.09.100
WHEREAS, the City of Kent has enacted a zoning code
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
high quality without unduly high public or private expenditures
for development anc without unreasonably restricting private
enterprise or initiative; and
WHEREAS, the Kent City Ccuncil on September 6, 1988
ssed Ordinance #2801 in compliance with the Washington State
egislature directive to local governments to address zoning
concerns relating to hazardous waste treatment and storage; and
WHEREAS, certain definitions relating to hazardous wastes
and substances were previously approved by Kent City Council, and
by the Washington State Department cf Ecology, but not included in
the recent hazardous waste zoning cede amendments contained in
Ordinance #2801; and
WHEREAS, correction cf numerical sequencing and other
typographical notations within the zoning code is desired, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
C)Ae( 3 3 45 d:. n_, 331'7
O�'.3353
Section 1. Kent City zoning Code Chapter 15.02 is
amended by recodifying Section 15.02.185, and Section 15.02.335;
and by adding Sections 15.02.184, 15.02.185, 15.02.186, 15.02.267
and 15.02.334, as follows:
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 CR 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 estaklishm.ent 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 building 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 ty 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. (0.2687, §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 tookstcres as defined herein.
(0.2687, §2)
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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
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 cut 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. AUTOMOBILE 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
WRECKING. The dismantling or disassembling
the storage, sale or dumping of dismantled,
obsolete or wrecked motor vehicles or their
MOTOR VEHICLE
of motor vehicles or
partially dismantled,
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 LCDGING HOME. A dwelling or part
thereof, other than a motel or hotel, where lodging with or with -
cut 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 th
highest gable of a pitch or hip roof.
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15.02.070. CANOPY. A roof -like projection.
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 CPEN 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," FCC 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," FCC 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. '-his
may include any discarded, useless, unwanted, or abandoned
substances, including but not linited to certain pesticides, or
any residues or containers of such substances which are disposed
of in such quantity or concentration as to pose a substantial
present or potential hazard to human, health, wildlife, or the
environment because such wastes or constituents or combinations of
such wastes:
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A. have short-lived, toxic properties that may cause
death, injury, or illness or have mutagenic, teratogenic, or
�carcinoaenic properties or
B. 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 PCW 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. DISCGNTINUANCE. The abandonment or nonuse of
a building, structure, sign ar.d/or lot for a period of six (6)
months.
j 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 areas associated with loadina doors
that are located above the finish grade. (0.2740, §1)
15.02.112. DRAINAGE DITCHES. A manmade channel with a
Led, 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 net 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,
monthly, or longer basis, and physically separated from any other
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rooms or dwelling units which may be in the same structure or or
the same property and containing independent cooking and sleeping
facilities.
15.02.132.
EROSION HAZARD AREP.
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.
E. 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 Conservaticn Service as having a severe to very severe
erosion hazard potential. These soils in. the City cf Kent include
Alderwood gravelly sandy loam (Agd) and Alderwood Kitsap soil
(AKF).
D. Scil Conservation Service Maps referenced herein are;
on file with the City Clerk.
15.02.133. EXTREMELY HAZARDCUS WASTE. Those wastes
designated in WAC 173-303-070 through 173-303-103 as extremely
hazardous wastes. This may include any dangerous waste which
A. will persist in a hazardous form, for several years
or more at a disposal site and which in its persistent 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 chain-link fence with woven slats in
every row or available space of the fence.
15.02.145. FENCE - 100% SIGHT OBSCURING. A fence con-
structed of solid wood, metal or ether appropriate material which
totally conceals subject use from adjoining uses at six (6) feet
above the base cf the fence line, at twenty (20) feet from subject
property line.
15.02.150. FRCNTAGE, BUILDING OR OCCUPANCY. The length
of that portion of a building cr ground floor occupancy which
abuts a street, publicly used parking area, or mall appurtenant to
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said building or occupancy expressed in lineal feet and fracticns
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 cf 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 FLOCR 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. GRCUNDCOVER. Low growing 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 CCTTACE. An
dwelling without any kitchen facilities
:house transient visitors or non-paying
';the main building.
accessary, detached
designed for ana used to
guests of the occupants of
15.02.175. HAZARDOUS SUPSTANCF. Any liquid, solid, gas,
or sludge, including any material, substance, product, commodity,
or waste, regardless of quantity, that exhibits any of the
characteristics cr criteria of hazardous waste as described in
rules adopted under Chapter 70.105 RCW or in WAC 173-303-090,
173-303-100, 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
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
hazardcus substance as defined herein.
15.02.178. HAZARDOUS SUBSTANCE LAND USF FACILITY. The
projected line enclosing the area of all structures and lards on
which hazardous substance land use activities occur, have occurred
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in the past or will occur in the future. This does not include
the application of products for agriculture purposes.
15.02.179. HAZARDOUS SUESTANCE, 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.
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 STCRAGE 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.
15.02.184. HAZARDCUS WASTE TREATMENT OR STORAGE
FACILITY, OFF-SITE. Any hazardous waste treatment or storage
facility which treats or stores wastes that are generated off site
15.02.185. HAZARDOUS WASTE TREATMENT CR STORAGE
FACILITY, ON-SITE. Any hazardous waste treatment cr storage
facility which treats or stores only those wastes that are
generated cn-site.
15.02.186. HEARING EXAMINER (LAND USE). A person
appointed by the City Administrator to conduct public hearings on
_applications outlined in the City ordinance creating the Hearirg
Examiner, and who prepares a record, findings of fact and conclu-
sions on such applications.
15.02.187. HIGHEST SHADE PRCDUCING POINT. The point of
I a structure which casts the longest shadow at noon on January 21.
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, F1)
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
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share of the common property and (c) a charge if unpaid, becomes a
lien against the property.
15.02.200. HOTEL. 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, maca-
dam or other surfaces which similarly impede the natural infiltra-
tion of surface water.
15.02.205. INTERICP 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, sole, 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 sim-ilar
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.
P. Class 2 Landslide Areas. Slopes of 15 percent or
greater with permeable subsurface material (predominately sand and'I
gravel) to base level.
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
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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:
I A.
A
single
lot
of
record;
B.
!I
A
portion
of
a
lct 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 rea_uire-!
rents of this code.
15.02.230. LOT, CCRNER. 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) decrees
within the lct lines.
15.02.235. LOT FRONTAGE. The front of a lot shall be
that portion nearest the street. Cn 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. LCT 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. Width 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)
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 RECCRL. 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, RIVERFRCNT. Any lot or land parcel
which is adjacent to the Green River, a scenic and recreational
road, a riverfrcnt road or a riverfront park. (0.2544, §3)
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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 NCNCONFCRMING FUILDING/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.
15.02.267. MODERATE RISK WASTF. Those wastes defined in
WAC 173-303-040 as moderate risk wastes. This may include any
waste that exhibits any of the properties of hazardous waste but
is exempt from regulation under Chapter 70.105 PCW solely because
the waste is generated in quantitites below the threshold for
regulation and any household waste which is generated from the
disposal of substances identified by the Department of Ecology as
hazardous household substances.
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 CR 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 LCT OF RECORD. Any validly
recorded lot which at the time it was recorded fully complied with
the applicable laws and ordinances but which does not fully comply
with the lot requirements of this ordinance.
15.02.283. NCNCONFORMING SIGN. Any sign legally estab-
lished prior to June 20, 1973 which is n.ct 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 in
which it is located on the effective date of such use regulations.
15.02.286. NONCCNFORMITY. 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 SCHOCL 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.
15.02.300. OFFICIAL MAP. Maps showing the designation,
location and boundaries of the various districts which have been
adopted and made a part of this code.
15.02.305. OPEN GREEN AREA. Landscaped areas ar.d 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.
15.02.315. CUTSIDE 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.
- 12 -
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 mere 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. PERFCRMANCE STANDARDS. Regulations for the
control of "dangerous or objectionable elements" as defined in
Subsection 15.08.505 A.
15.02.332. PLANNED UNIT DEVELOPMENT. Planned Unit
Development is a residential development built under those prcvi-
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.
15.02 334 PREEMPTED FACILITY Any hazardous waste
facility defined as a reem-ted facility in PCW 70.105.010 or in
WAC 173-303. This may include any facility that includes as a
significant part of its activities any of the following hazardous
waste operations• a) landfill, b) incineration, c) lana
treatment, d) surface impoundment to be closed as a landfill, or
e) waste pile to be closed as a landfill.
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 cf the vehicle.
Recreational vehicles may also include any motorized or
nonmotorized vehicle, boat, boat trailer, or other vehicle to be
used for recreational purpcsec.
15.02.339. ROAD, SCENIC AND RECREATIONAL. Russell and
Frager Rcads shall be designated as Scenic and Recreational Reads
(0.2544, §2)
15.02.340. ROADSIDE STAND. A temporary structure
designed or used for the display or sale of agricultural products
primarily produced on the premises upon which such a stand is
located.
- 13 -
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 Alderwcod 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 or 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.
15.02.360. SIGN HEIGHT. The distance from around 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.
- 14 -
15.02.370. SIGNS, ADVERTISING. A sign which directs 4
attention to a business, commcdity 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, commcdity, service cr entertainment
conducted, sold or offered on the premises.
15.02.380. SIGN, CANCPY. 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 acre supports standing directly
upon the ground, and being detached from any building or structure
15.02.405. SIGN, GATE OR ENTRANCF. 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 cf 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 sian 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, INSTITUTIGNAL. 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 nct located on the same premises as the
business, product, service or activity being identified cr adver-
tised by such sign or an advertising sign.
15.02.435. SIGN, ON -PREMISE. A sign identifying a busi-
ness, product, service or activity conducted or sold on the same
premises as that on which the sign is located.
15.02.440. SIGN, PAINTEL. A sign which is painted on
any office, wall, window, fence or structure of any kind.
15.02.445. SIGN, PCLITICAL. A sign advertising a candi-
date for political office, or a measure scheduled for election.
- 15 -
15.02.450. SIGN, PORTABLE. A sign which is not perma-
nently affixed to the ground, or to a building cr 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.
I
j; 15.02.460. SIGN, RCCF. A sign
which projects above the structure cf the
!'tion refers to the architectural unity of
i
i
parts.
attached to a building
building. (This defini-i
a building or structure
15.02.465. SIGN, RCTATING. A sign containing moving
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
jestate 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, WINDCW. 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 cf said window.
15.02.490. SITE COVERAGE. That portion of a lot covered
by buildings or structures.
15.02.495. SLOPE LINE. Defined as perpendicular to the
contour lines crossing the property. The precise bearing or
heading of the slope line shall be determined by the Planning
Department.
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. SCLAR SETFACE. A setback from the northern
lot line ea_ual to the distance betkeen the northern lot line and
that point on grade immediately beneath the highest shade
producing point of a structure.
i
15.02.498. SOLAR SLCPE. The average of slope lines fromi
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 twc 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.
- 16 -
15.02.502.
SPECIFIED ANATOMICAL AREAS.
1. Less than completely and opaquely covered human
genitals, pub-ic 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. (C.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 cr building of any kind or any piece of
work composed cf parts jointed together in some definite manner
and includes posts for fences and signs, but does not include
mounds cf 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 cf the
topmost floor and the ceiling or roof above. If the
finished -floor level directly abcve a basement, cellar or unused
underfloor space is more than six feet above grade as defined
herein for more than fifty percent cf the total perimeter or is
more than twelve feet abcve 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.
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.
- 17 -
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. USF. 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 CF. A change of use shall be
determined to have occurred when it is found that the general
character of the operation has beer modified. This determination
shall include review of but not he 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, TFMPCRARY. 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 zoninc
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 anatorrical 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 Poard 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. VEGETATION, 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 AILS. Fark 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 mere and that property located immediately
- 18 -
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.
i
i
15.02.585. ZCNING. 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. Goverrmertal activities are encouraged to cooperate under
these regulations to secure harmonious city development.
15.02.590. ZCNING LCT. 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 nct 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
to land designated as a separate and distinct parcel on a legally
recorded subdivision plat cr in a legally recorded deed filed in
the records of the County.
15.02.595. ZCNING 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,
- 1s -
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 cf crops, animal husbandry, nurseries and
greenhouses and other agricultural occupations.
2. Cne 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 fcr farm operators and employees,
but not accommodations for trarsiert 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. Cther accessory uses and buildings customarily
appurtenant to a permitted use.
6. For permitted uses, hazardous substance land !
uses, including on-site hazardous waste treatment and/or storage
facilities, which are rot subject to cleanup permit requirements
of Kent City Code Chapter 4.19 and de rot accumulate more than
20,000 pounds of hazardous substances or wastes or any combinatione
thereof at any one time on site, subject to the provisions of
Section 15.08.050, exceFt 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 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, eycept off site hazardous waste
treatment and/or storage facilities which are net permitted in
this district.
- 20 -
E. Development Standards
1.
Minimum
lot.
1 acre.
2.
Minimum
lot
width. 100 feet.
3.
Maximum
site
coverage. 30 percent.
4. Minimum yard reouirements
a. Front yard. 20 feet.
b. Side yard. 15 feet.
C. Rear yard. 20 feet.
C. 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 15.04.015 is
amended as follows:
15.04.015. AGRICULTURAL - GENERAL (A -G) ZONE. Purpose:
I
The purpose of the A -G zone is to provide appropriate locations
for agriculturally related industrial uses in or near areas desig-I
hated 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-i
tural building and structure, and such uses as livestock ranges,
animal husbandry, field crops, tree crops, nurseries, greenhouses,
and other agricultural occupations.
2. Storage, warehcusina, processing and conversion of
agricultural, dairy and horticultural products, but not including
slaughtering or meat packing.
Existing dwellings may be rebuilt, repairedand
otherwise changed for human occupancy. Accessory uses for
existing dwellings may be constructed. Such uses are garages,
carports, storage sheds and fences.
- 21 -
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 stan(f 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 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 net 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 net permitted in this districtF
D. Development Standards.
1. Minimum lot. Gne (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 Fighway 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. Cr 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. Peyond this height, to a height not greater than
,either four (4) stories or sixty (60) feet, there shall be added
- 22 -
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
i animals shall be set back fifty (50) feet from any property line.
b. Transitional conditions shall exist when an A -C
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 CcmprehEnsive 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.
7. Setbacks, Green River. Industrial development in
the A -G district abutting the Green River (or Russell or Fra.ger
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 typically required for the industrial parks areas
of the City, and 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.
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, E, 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 acricultural uses.
- 23 -
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 provided in Section 15.09.010. (0.2534, F1; 0.2638,
§2)
Section 4. Kent City Zoning Code Section 15.04.120 is
amended as follows:
15.04.120. COMMERCIAL 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 cperations, 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, glass shops, printing, publishing, litho-
graphic shops, furniture upholstery, cry 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 cr
soft line commercial uses but might include furniture or appliance
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
- 24 -
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. Miri-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 tuildings, except for such uses
and buildings sutject to Section 15.04.200. (0.2695 §4)
Existing dwellings may t -e rebuilt, repaired and other-
wise changed for human occupancy. Accessory uses for existing
dwellings may to constructed. Such uses are garages, carports,
storage sheds and fences. (0.2578, F2)
B. Accessory Uses
1. Accessory uses and tuildir.gs customarily
appurtenant to a permitted use, such as incidental storage
facilities, lcadir,a 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 10,000 pounds of hazardous sutstances 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/er storage facilities which are not permitted in
this district.
C. Special Permit Uses
1. Gasoline service stations.
B. Conditional Uses
1. Offices.
2. Light manufacturing operations in any building
regardless of its size built prior to June 4, 1973 provided,)
however, that in the event if it should become necessary to
rebuild or replace any such building then in that event the light
manufacturing operations permitted under this section shall net
encompass an area of greater than the size of the buildinas on
June 4, 1973.
3. For permitted uses, accessory hazardous sutstance
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 sutstances 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 cf time, subject to the
provisions of Section 15.08.050, except off-site hazardous waste
- 25 -
treatment and/or storage facilities which are not permitted in
this district.
4. General conditional uses as listed in Section
15.08.030.
Section 5. Kent City Zonirg Code Section 15.04.130 is
amended as follows:
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 ccremercial and wholesale uses and specialty manufacturing.
A. Principally Permitted Uses.
1. Any principally permitted use in the G.C., General
Commercial zone.
2. Gutdoor 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 manufacturirc operation shall be permitted
per lot.
5. Mini -warehouses.
6. Complexes which include combinations of uses,
including a mixture of office, light rranufacturino, 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.
1. Accessory uses and buildings customarily
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
- 26 -
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
i
this district.
C. Special Permit Uses.
1. Gasoline service stations.
D. Conditional Uses.
1. Cffices.
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 net 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, accessory hazardous substance
land uses, which are not subject to cleanup permit requirements of
Kent City Code Chapter 4.19 and which dere+_ 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. Yore than one additional
story may be granted by the Planning Commission.
apply.
7. The landscaping requirements of Chapter 15.07 shall
- 27 -
8. Outdoor storage. Cutdoor 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
G. Off-street Parking.
1. The off-street parkira requirements of Chapter
15.05 shall apply.
2. Off-street parking nay be located ir 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 6. Kent City Zcning Cede Section. 15.04.140 is
amended as follows:
15.04.140. GENERAL COMMERCIAL OR GC. Purpose: The
purpose and ir.•tent 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 - cereral merchandise
Department stores
Dry goods and general merchandise
Electrical supplies
Farm equipment
Hardware
Heating and plunbing equipment
Lumberyards
Mail order houses
MerchandisE vendir..g 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
Groceries
Meat, fish, and poultry
d. Retail - automotive, marine craft, aircraft and
accessories
Aircraft and accessories
Marine craft ar6 accessories
Motor vehicles (new and/cr 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 (taverrs and cocktail
lounges)
Eating estatlishuents (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
- 29 -
Real estate agents, brokers and related service
Real estate operators, lessors and management
services
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 anc photocopying services
Business and management consulting services
Consumer and mercantile credit reporting
services; adjustment and collection services
Detective and protective services
Disinfecting and extermirating services
Employment services
Equipment rental and leasing services
Food lockers (without food preparation
facilities)
Motion picture c.istribution and services
News syndicate services
Other dwelling and business services
Outdoor advertising services
Phot.cfinishing 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
hatch, clock anc jewelry repair services
e. Professional services
Accounting, auditing, and bookkeeping services
Educational and scientific research services
Engineering and architectural services
Hospital services
Legal services
N!edical an.c cental laboratory services
=V=
f.
Medical and dental services
Medical clinic - cut -patient services
Sanitarium, convalescent, and rest home services
Urban Planning services
Contract construction services
Euilding 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 trilling 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 grcomina parlors
Business associations and organizations
Civic, social, and fraternal associations
Labor unions and similar labor organizations
Veterinary clinics and animal hospital services
when locates no closer than one hundred fifty
(150) feet to any residential use, providing
the animals are housed indoors (no outside
runs) and the builc.ing is soundproofed. Sound-
proofing must be designed by competent
acoustical enaineers.
Welfare and charitable 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
b. Public assembly
Amphitheaters
Arenas and fielc houses
- 31 -
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. Gther retail trade, service, or entertain-
ment/recreational uses that are of the same
general character as those listed; which are
deemed compatible with other permittea 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 56)
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 establishments (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
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
- 32 -
15.08.030.
3. General Conditional Uses as listed in Section
4. Kennels.
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 which handle more than 20,000
pounds of hazardous substances and wastes on site in any 30 day
period cf 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. Nene, 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. Cutdoor storage. Cutdoor 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.
F. Signs. The sign regulations of Chapter 15.06 shall
apply•
G. Off -Street Parking.
1. The cff-street parking requirements of Chapter
15.05 shall apply.
i
2. Cff-street parking may be located in required yards;
1except in areas required to be landscaped.
j
H. Development Plan Review. Development plan approval is
jjrequired, as provided in Section 15.09.010.
- 33 -
Section. 7. Kent City Zoning Cede Section. 15.04.150 is
amended as fellows:
15.04.150. PRCFESSIGNAL AND CFFICE DISTRICT CR 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.
11. Any other use that is determines' 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
,anal buildings subject to Section 15.04.200. (0.2695 F)
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.
1. Incidental sales and services, such as restaurants,
pharmacies and retail sales to serve occupants and patrons of
- 34 -
'permitted uses, when conducted within the sane building, provided
i
there is no exterior display or advertising.
2. For permitted uses, hazardous substance land uses,
including on-site hazardous waste treatment anal/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
e provisions of Section 15.08.050, except off-site hazardous waste
treatment and/or storage facilities which are net permitted in
this district.
C. Conditional Uses.
1. Multifamily development over office uses and multi-
family developments (apartments ar.d 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
i
are not permitted.
D. Special Permit Uses. The fcllowino_ 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.
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.
- 35 -
apply.
7. The landscaping requiremer_ts of Chapter 15.07 shall.
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 8. Kent City Zoning Cede Section 15.04.190 is
amended as follows:
15.04.190. GENERAL INDUSTRIAL DISTRICT GR 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.
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, ronferrcus 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:
cosmetics.
a. Drugs, pharmaceuticals, toiletries, and
- 36 -
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 cr 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.
k. Business and dcmEstic 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-
ticn suppliers.
11. Truck storage yards.
12. Enameling, galvani2ing, 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 cateacry cf "hump yards".
15. Crop and tree farming.
- 37 -
16. The reasonable expansion or evolution of a legally
established use whose expanded or altered sphere of activity may
include uses normally considered M1 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 he 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 Secticn 15.04.200. (0.2695 §11)
E. 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 mere than one per
establishment, for security or maintenance personnel and their
families, when located on the prenises where they are empleyed 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 buildinas customarily
appurtenant to a Principally Permitted Use.
6. For permitted uses, hazardous substance land uses,
including on-site hazardous waste treatment and/or storaqe
facilities, which are net subject tc cleanup permit requirements
of Kent City Cede 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
useep rmit 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.
follows:
1. Manufacture of such types of basic materials as
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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 clue and gelatin.
t. Hydraulic cement, concrete, gypsum, lime,
carbon, carbon Clack, 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. Futter from natural, synthetic, or reclaimed
materials.
C. Paving and roofing materials or other products
from petroleum derivatives.
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, toiler plate works, and similar heavy metal opera
tions.
a. Asphalt Latching plants.
L. Concrete mixing and Latching 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, cressing, and finishing of hides,
skins, and furs.
t. Neat and seafocc products packaging, freezing,
curing, canning and processing.
C. Nitrating of cotton and other materials.
d. Rendering of animal grease or tallow, fish oil,il
and similar materials.
e. Slaughtering, stockyard, feed let, dairy, and
similar operations.
f. Pickling anc trine curing processes. i
q. Wholesale produce markets.
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7. Salvage, wrecking, and disposal activities,
including the following and similar operations:
a. Automobile and tuilding 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. Cff-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. Severty-five (75) percent.
3. Yards
a. Front yard. The front yard shall be ter. (10)
percent of the lot'depth. Regardless of lot size, the yard depth
need not to 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.
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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 net be mere than twenty-five (25) feet. There shall tel
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 rot exist
where the separation includes an intervening 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.
5. Height limitation. Two (2) stories or thirty-five I
(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 impcsel
such conditions as may be necessary to reduce any incompatibility
with surrounding uses. Any additional height increases may be
granted by the Planning Commission.
i
6. The landscaping requirements of Chapter 15.07 shall!
apply.
7. Outside storage. Cutside storage or operations
area shall be fenced for security and public safety at the
property line.
8. Multiterant 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 or public rights-cf-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.
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F. Off -Street Parking,.
1. The off-street parking requirements of Chapter
15.05 shall apply.
2. Cff-street parking may be located in required
yards, except where landscaping is required.
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 15.05.010.
Section 5. Kent City zoning Code Sectior 15.08.050 is
amended as follows:
15.08.050. PERFCRMANCE SZANDARDS.
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.
Nc land cr 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, vibratior or glare.
2. Smoke, dust, odor or other form of air pollution.
3. Heat, cold or dampness.
4. Hazardous substances 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 "a.t any point"); provided, however, that
the measurement of performance standards for noise, vibration,
iodors, e -r glare, er hazardous substances or wastes shall be taken
'at the following points of measurement:
lines or
1. In all districts: at the property lines or lot
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2. In all districts: at the buffer zone setback lire
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
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 cf Noise and Gther Sounds 224.3-1944 American Standard.
Specification for an Octave Band Filter Set for the Analysis of
Noise and Other Sounds, 224.10-1953, or latest approved revision
thereof, American Standards Association, Inc. New York, N.Y.,
shall be used.)
2. Vibration. Nc 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 cf 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. Glare. 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.
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TABLE I
Sound Pressure Levels in. Decibels
Cctave Bank, Cycles
Per Second
20-75
75-150
150-300
300-600
600-1,200
1,200-2,400
2,400-4,800
4,800-10KC
TABLE II
Maximum Permitted Sound
Pressure Level
75
70
64
59
53
47
40
34
DeC1CelS
Correction in Maximum Permitted Sound Pressure Level
in Decibels to be Applied to Table I
Type of Gperation or Correction
Character of Noise in Decibel:
Noise source operates
less
than
Plus
5*
20 percent of any one
hour
period.
Noise source operates
less
than
Plus
10*"
5 percent of any one
hour
period.
Noise source operates
less
than
Plus
151
1 percent of any one
hour
period.
Noise of impulsive character
Minus
5
(hammering, etc.)
Noise of periodic character
Minus
5
(hum, screech, etc.)
*Apply one of these corrections only.
6. Fire and explosion hazards. The relevant provi-
sions cf 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 amerdec, 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 emissior 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 standar6s 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 6angercus or offensive elements
SKIM
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 Cede, City of Kent. The
following site development standards shall apply:
I
a. Hazardous waste facilities shall meet the
Location Standards for Siting Dangerous Waste Management
Facilities in Washington adopted pursuant to Chapter 70.105 RCW;
i
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 j
"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 nor.-aa_ricultural
hazardous substance land use facility;
C. Hazardous substance land use facilities shall
not be located in a 100-year 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 substances and/or wastes in
the event of an accidental release -feftF from the facility and
shall meet federal, state, and local design and construction
requirements;
f. Underground hazardous substance land use
j 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;
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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 uses should use
traffic routes which do not go through residential zones; and
j. Hazardous substance lard *eep uses in the C,
NCC, CC, and DC zones shall be entirely enclosed within a building,
In case cf conflict between any of these site
development standards and the development standards of specific
zoning districts or other cede requirements, the more restrictive
requirement shall apply.
Section 10. Kent City Zoning Code Section 15.09.100 is
amended as follows:
15.09.100.
VICLATICNS.
A. Complaints Regarding Violations. hhenever 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 Violation. Violation of the provisions
of this Code or failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with grants of variances or special exceptions) shall
constitute a misdemeanor. Any person who violates this code or
fails to comply with ar.y of its requirements shall upon conviction
thereof be fined not more than one hundred (100) dollars or
imprisoned for not mere 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 remcve 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 the
environment, the City may take immediate action to remove the
violation. In such event the violator shall be liable to the City
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for all costs and penalties associated with the investigation,
detection, removal and cleanup of the violation. In the event of
collection action by the City to collect such costs, the violator
shall be required to pay all legal costs and fees, including
reasonable attorney fees.
Section 11. Effective Date. This crdina.nce shall take
effect and be in force five ( days from and after its passage,
approval and publication as pro ded law.
LEHER, MAYOR
ATTEST:
MARIE JENifW, CITY CLERK
APPROVED AS TO FORM:
SANDRA DRISCOLL, CITY ATT
PASSED the day of I-) —j— , 1988.
APPROVED the l day of.. , 1988.
PUBLISHED the t5�?( day of �� , 1988.
I hereby certify that this is a true copy of Ordinance
D;o.�
, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereci
indicated.
6190-230
car 4� ri (SEAL)
MARIE J S 'n, CITY% CLERK
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