HomeMy WebLinkAbout1071Ordinance No. 1071
(Amending or Repealing Ordinances)
CFN=131 —Zoning Codes
Passed — 9/19/1960
Zoning ordinance
Amended by Ord 3409
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Z 0 N I N G 0 R D I N k N C E
For the City of
KENT, W.,_,HIYGTON
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lrenared by
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AffidIN15TUTION--------------- _------------------- Chapter
10.12
61
2
ADJUSTIENTS,
V.iKANCES AND AiiLALS------------------ Chapter
10.15
66
3.
AHLNWENTS-----------------------------------------Chapter
14
10.16
73
4,
DEFINITIOrS-----------------------------------------
Chapter
10.3
4
5;
ENFORMENT
AND CERTIFICATE OF OCCUiANCY------------ Chapter
10.14
67
66
GENERAL AND
SUiiLIIMNTARY 1ROVISIONS---------------- Chapter
10.10
49
Lot irovisions -------------------------------------- Section 10.10.02 49
Yard irovisims--------------------- ---------------- Section 10.10.05 49
Site Area Lrovisions------------------------------- Section 10.10.15 50
Accessory Use irovisiDns Rl,R2,R3, & R4 -------------Section 10.10.17 51
Conditional Exceptions ------------------------------Section 10.10.21 52
Horne Occupations ------------------------------------Section 10.10.23 52
irofessional Offices and Clinics --------------------Section 10.10.24 53
Service Stations ------------------------------------Section 10.10.25 53
7. LEGISLATIVE INTENT ----------------------------------Chapter 10.1 1
S. NON-C01?FOFKR G USE6--------------------------------- Chapter 10.13 64
9.. IARKING AND LOADING STANDr:RDS----------------------- Chanter 10.11 54
Table of Iviinimum Standards --------------------------Section 10.11.3 57
10. IERFORIjLJ%TCE STAND:.RDS------------------------------ Chapter 10.6 44
11. USE DISTRICT CL.ISSIFIC.;TIONS----------------------- Chapter 10.2 3
RA
--------------------------------------------Section
10.4.02
10
IL*,
zone
--------------------------------------------Section
10.4.2
12
SRzone
zone
-------------------------------------------Section
10.5.01
14
Rlzone
--------------------------------------------Section
10.5.1
16
R2zone-----------------------------------------
Section
10.5.11
19
R3zone
--------------------------------------------Section
10.5.21
21
R4zone
--------------------------------------------Section
10.5.31
24
R5zone
--------------------------------------------Section
10.5.41
27
IM -------------------------------------------Section
10.5.51
30
Cl
zone
--------------------------------------------Section
10.6.01
32
C2zone
zone
--------------------------------------------Section
10.6.1
33
C3
zone --------------------------------------------Section
10.6.11
36
Mlzone
--------------------------------------------Section
10.7.02
39
10.7.1
41
1,42
zone --------------------------------------------Section
12. VIOL (TIONS :SND i EN:J TIES--------------------------- Chapter 10.16 75
TITLE 10
ZONING ORDINANCE
City of Kent, Washington
AN ORDINANCE RELATED TO PLANNING AND ZONING FOR LAND USE AND DEVELOPMENT
IN THE CITY OF KENT, TO BE MOWN AS "ZONING ORDINANCE OF THE CITY OF KENT";
CREATING UNIFORM DISTRICTS IN WHICH COMPATIBLE USES ARE ALLOWED; PRESCRIBING
STANDARDS FOR EACH DISTRICT; PRESCRIBING DENSITY CONTROLS; PRESCRIBING PP.O-
CEDURES AND STANDARDS FOR GRANTING CONDITIONAL USE EXCEPTIONS; PRESCRIBING
PROCEDURES AND CONDITIONS FOR GRANTING VARIANCES IN HARDSHIP CASES; PROVIDING
OFF-STREET PARKING; PROVIDING PROCEDURES FOR ADMINISTRATION, APPEAL, AMEND-
MENTS AND ENFORCEMENT; PROVIDING FOR PENALTIES; AND REPEALING ORDINANCE NO. 784
WHEREAS, the laws of Washington, Chapter 35.63 RCW authorize the implementa-
tion of Comprehensive plans as prepared by the City Planning Comm-
ission and adopted by the City Council through such instrumentalities
as a zoning ordinance, and
WHEREAS, the City Council deems it necessary, for the purpose of securing and
promoting the health, safety and general welfare of the people and
the City to enact a zoning ordinance, and
WHEREAS, the Planning Commission and the City Council have given due public
notice of hearings relating to this Ordinance, and have held such
hearings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF EENT:
CHAPTER 10.1
LEGISLATIVE INTENTS
Section 10.1.01 TITLE AND ADOPTION. This Ordinance shall be known and cited as the
"ZONING ORDINANCE, City of Kent".
Section 10.1.02 GENERAL INTENT. It is the intent of the City Ccurcil to provide
uniform, equitable and reasonable standards to govern the usage of land and
structures in the interest of health, safety and the general welfare.
Section 10.1.03 PLAN AND POLICY. The zoning plan adopied for the City of hent is
an official map and land use policy to control and direct the use and develop-
ment of property in the municipality by dividing it com;re'.:encively into
districts according to the present and potential use of the properties.
Section 10.1.04 PUBLIC WELFARE. Since the general welfare of the public is superior
in importance to the pecuniary profits of the individual, this Ordinance may
(1) limit the use of property, (2) cause depreciation of property values, or
( ) prevent the most profitable use of land. Zoning does not, therefore,
constitute a vested right. Also, if some reasonable use of the property is
allowed by this Ordinance the effect is not confiscatory and is a proper
exercise of police power.
2.
Section 10.1.05 ST:,NDARDS. Standards provided by this ordinance for particular
districts and circumstances arc determined to be the minimum requirements in
the public interest of health, safety, and general welfare to achieve the ob-
jectives of the Comprehensive Plan.
Section 10.1.06 TEXT AND OFFICIAL NMAP. This ordinance shall consist of the text
hereof and that certain map or book of maps identified by the approving• signa-
ture of the Mayor, City Clerk and City Attorney; and marked and designated as
which map or book is placed on file in the offices of the City Clerk and other
city departments. Said map has heretofore been examined and duly considered in
detail by the City Council and is hereby adopted as a part of this ordinance.
Said ordinance, and each and all of its terms and mapped details, is to read
and be interpreted in the light of the contents of said book of maps and their
relationship to th�sdeemed toarisethe textoftheordinance shall
miLelf conflict
the
text of this ordinance
prevail.
Kv
CHAPTER 10.2
USE DISTRICT CLASSIFICATIONS
Section 10.2.01 USE CLASSIFICATIONS. To effectuate the Comprehensive Land Use Plan
as adopted by the City Council under Ordinance No. , and as amended from
time to time, lands within the incorporated area of the City of Kent are here-
by classified into the following categories which are further described in
subsequent sections and so indicated on the Zoning Map.
Transitional Agricultural Districts
Residential -Agricultural District
Industr-'al-Agricultural District
Symbol on Map gage
RA TO
MA 12;
Reside_^tial Districts
Suburban Residential District SR 12
Single Family Residential District R1 16
Two Family Residential District R2 19
Multiple Family Residential District R3 21
Multiple Family Residential District R4 24
Multiple Family Residential District R5 27
Mobile Home Residential District MHR 30
Business and Commercial Districts
Neig:borhood Business District Cl 32
Central Business District C2 33
General Commercial District C3 36
Industrial Districts
Light Industrial District M1 39
Heavy Industrir:l District M2 41.
Section,10.2.02 BOUNDARIES OF Z014ING DISTRICTS.
(1) Streets_ and A1J9Xs, Lot Lines. The boundaries of the various zoning
districts shown on the Zoning M_ -':J are, unless otherwise indicated, center-
lines of street, alley, or other public right-of-way; or lot lines as shown
on the said map. Where the location of zoning district boundaries, as in-
dicated on the map, are other than street, alley or other public rights-of-
way, or lot lines, then such boundaries shall be as shown on the Zoning Map
by figures for distances measured from the public rights-of-way or lot lines.
Where the street layout actually on the ground varies from that shown on the
Zoning Map, the designation sho•vn on the map shall be applied by the Plann-
ing Commission or the Board of Adjustment so as to carry out the intent and
purpose of the Zoning Plan for that district.
(2) Divided Cr7nership. Where a zoning district boundary line, as
shown on the Zoning Map, divides a lot in a single ownership at the time of
passage of this ordinance, the use permitted on the least restrictive portion
of such lot may extend to the portion lying in the more restrictive district
a distance of not more than 50 feet beyond the district boundary line.
4.
CHAPTER 10.3
DEFINITIONS
Section 10.3.01 GENERAL DEFINITIONS. For the purpose of this Ordinance, certain
terms are herewith defined. When not inconsistent with the context, words
used in the present tense include the future, words in the singular number
include the plural, and words in the plural number'include the singular; the
word "person" may be taken for persons, association, firm, co -partnership or
corporation; the word "structure" includes building; the word 'occupied"
includes designed or intended to be used; and the word "shall" is always
mandatory and not merely directive.
Section 10.3.02 SPECIFIC DEFINITIONS.
ACCESSORY USE OR STRUCTURE-. One which is subordinate to the principal use of a
building on the lot serving a purpose customarily incidental to the princi-
pal ude of the building.
ALLEY. A public right-of-way not over thirty (30) feet wide which affords,
generally,a secondary means of access to abutting lots, not intended for
general use.
AUTOMOBILE REPAIR. Includes fixing, incidental body or fender work, painting and
upholstering, engine tune-up, adjusting lights, brakes, supplying and in-
stalling replacement parts to passenger vehicles and trucks.
APARTMENT HOUSE. A building or portion thereof used or intended to be used as a
home with three or more families or householders living independently of
each other.
ACCESSORY BUILDINGS. A building, structure or facility such as a garage, wood-
shed, utility building, heating plant, or storage bin, customarily inci-
dental to and located upon the same lot, tract, or in the same area
occupied by the main building.
BASEMENT. The portion of a building included between a floor with its level
two feet or more below the level from which the height of the building is
measured and the ceiling next above said floor.
BASIC REQUIREMENTS. Those requirements for each land use district to encourage,
protect and preserve the general welfare of the area by promoting co-
ordinated development and securing appropriate allotments of space for all
uses in harmonious relationships.
BOARDING HOUSE. A building other than a hotel, where for compensation, meals,
or lodging and meals, arc provided for four or more persons.
BILLBOARD. An outdoor advertising sign, being any structure or portion thereof,
situated on private premises, upon which lettered or pictured material is
displayed for advertising purposes, other than the name and occupation of
the user, or the nature of the business conducted on such premises or the
products primarily sold or manufactured thereon.
5.
BREEZEWAY. A structure for the principal purpose of connecting the main build-
ing or buildings on a property with other main buildings or accessory
buildings.
BUILDING. Any structure built or used for the support, shelter, or enclosure of
any persons, animals, goods, equipment, or chattels and property of any kind.
BUILDING LINE. A line established by this Ordinance to govern the placement of
building with respect to streets and alleys. The front property line shall
be the front line as shown upon official plats of the property in all sub-
divisions platted. In all other cases the front line shall be according to
the comprehensive plan or the determination of the City Engineer.
BULK PLANT. An establishment where flammable liquids are received by tank vessel,
pipe lines, tank car, or tank vehicle, and are stored or blended in bulk
for the purpose of distributing such liquids by tank vessel, pipe line,
tank car, tank vehicle or container.
CLINIC. A building or portion of a building containing offices and facilities
for providing medical, dental or psychiatric services for outpatients only.
COMPREHENSIVE PLAN. The plans, maps, reports which have been adopted by the City
Council in accordance with RCW 35.63.
CONDITIONAL EXCEPT IN. An activity speeif ied by this Ordinance as a principal or an
accessory use, permitted when authorized by the Board of Adjustment and
subject to certain conditions.
COURT. An open, uncovered and unoccupied space within an allotted property line.
CONVALESCENT HOMEi A building and premises in which two but not more than five
(5) sick, injured or infirm ambulatory persons are housed or intended to be
housed for special attention and compensation.
COUNCIL. When used in this Ordinance refers to the City Council, City of Kent.
DENSITY PROVISIONS. Those requirements for each land use district to encourage,
protect and preserve the health, safety and general welfare of the area,
through standards which include yards, height, bulk, lot area, lot cover-
age and occupancy limitations.
DISTRICT OR ZONE. A section or sections of the City within which the standards
governing the use of buildings and premises are uniform.
DWELLING GROUP. Two or more detached dwelling structures located on the same lot.
DWELLING UNIT. A family combination with housekeeping and cooking facilities.
Hotel, motel, room and boarding units shall not be considered as dwelling
units.
EXCEPTION. A use permitted only after review of an application therefor by the
Board of Adjustment, rather than administrative officials.
6.
FId-ILY. A person living -.lone, or two or more persons.austomarily living to-
gether as a single housekec- ing unit.. and . us-in_g common cooking facilities,
as distinguished from a group occupying a hotel, club, board or lodging house,
FLOOR-AMA-IUTIO. The ratio of usable floor area of a structure to the total
area of the 1A or land aria occupied by such structure.
GARiGE, PRIV.TE. An accessory building or part of a main building intended
primarily for the storage of :rotor vehicles as an acc(,ssory use, and when
the storage space does not exceed that for the following nurlber of vehicles;'
(a) For one -family dwelling: three vehicles, not more than one of
which may be a non -passenger. vehicle. See 3ec,10.11.4, page 59
(b) For any other dwelling: passenger vehicles equal to 1.50h of the
number of dwelling units in the dwelling. See section 10.11.1,
page 59
(c) For any other use: no limitations.
G_uZ,GE, PUBLIC. A structure or portion thereof other than a private or com-
munity garage used for the storage, sale, hire, or repair of self-propelled
vehicles or trailers.
GLOSS t'�RL.i. The total usable area including accessory space dedicated to such.
things as streets, easements and uses out of character with the principal
uses, but within a unit of area being measured.
GUEST COTT..GE. :,n accessory, detached dwelling without any kitchen facilities
designed for and used to house transient visitors or non-paying guests of
the occupants of the main building.
HEIGHT OF BUILDING; The vertical distance at the center of a building's
principal front, measured from the level of the first floor above grade
to the highest _point of the roof beards in the case of flat roofs, to the
deck line of mansard roofs, or to the center height between eaves and ridges
for gable, hip or gambrel roofs. For buildings set back from the street
line, the height may be measured from the average elevation of the finished
grgde along the front of the building.
HOME OCMz,TICN. .my use customarily carried on within a dwelling by the in-
habitants thereof which use is incidental to the residential use, and not
primarily considered as a business.
HOTEL. :� building in which lodging is provided and offered to the public for
compensation and which is open to transient guests.
JM, Y:.RD, .. place where waste, discarded or salvaged materials are bought,
sold, exchanged, stored, baled; cleaned, packed, disassembled or handled,
including auto wrecking yards, house wrecking yards, used -lumber yards,
and yards for use of salvaged house wrecking and structural ste,,l mater-
ials and equipment.
7.
KENNEL. Any preniscs on which 4 or mort, dogs, which arc; five t,i_nths old or older,
arc kept.
LOT. A parcel of land under one ownership used or capable of being used under
the regulations of this Ordinanct,, including both the building site and all
required yards and other open spaces, and havinc frontage upon a street or .
alley.
LOT COVER�GE. That portion of a lot that is eccupicu by the principal building
and its accessory buildings, expressed as a perccntag.c of thy. total lot
area. It shall include all projections except caves.
LOT DE TH. The horizontal distance between the front and rear lot lines.
LOT WIDTH. The distance between side lot lines measured at the front yard
building line.
14AJOR THOROUGHF"JIRES. The primary and secondary arterials and state highways
as shown on the Comprehensive Plan.
Jt,.NUF.,CLURE. The converting of raw unfinished materials or products, or any or
either of them into an articlo or articles or substance of a. different
character or for use for a c,ifferent character or for use as a different
purpose.
MOBILE HOiE. ;.11 vehicles, self propelled or propelled by another vehicle, for
*use or capable of being used for living and/or sleeping quarters and not
conforming to any schedule: op�.ratinC betwoGn fixed termini.
11OBILE HOi�� t�.RK. �,.ny property used for the accomodation of inhabited trailer
or mobile home coaches.
MULTI. -LLE F MILY PISIDENCE. :4, building; arranged to be occupied by more than
two fa..rulies.
NET :,Ri,:,. The toatl usable urea exclusive of space dcdicatcd to such things
as streets, easements, and use out of character with the principal uses:
NON-CONFOM,1ING USE. « use or an activity involving a building or land occupy-
ing or in.axistence at the offoctive date of this Ordinance or at the time
of any amendments thereto which does not conform to the standards of the
zoning• district in which located.
NURSING OR TLST HOME, "any building where persons are housed or lodged and fur-
nished with mea�a and nursing care for hire.
OFF-STREET !', RKING S -..CE. , permanently surfaced area for the parking of a
motor vehicle.
FRINCIi:,L USES -MlITTED OUTRIGHT. Those uses allowed as a matter of richt
within certain.land use distriots'Vithout public hearing, zoning; permit,
conditional exception or variance; provided that such use is in accordance
with requirements of the particular district and general conditions stated
elsewhere in the Ordinance.
PROFESSIONAL -TYPE SERVICE. Activities such as those offered by a physician, surgeon,
dentist, lawyer, architect, engineer, accountant, artist and teacher, exclud-
ing services such as real estate and insurance sales. The distinction between
the practice of a "profession" and the conduct of a mercantile "business" is
that the former is purely personal, depending upon skill or art of the indivi-
dual, while the latter may consist in the ability to organize and manage a
shop or exchange where commodities are bought or sold.
PROHIBITED USES. Any use which is not specifically encumerated or interpreted
as allowable in that district.
PROJECTION. A combination of materials constructed or added to a building or
structure that extends into the yards, but is not part of the bearing members,
roof or enclosure, and not essential to the creation of usable space.
LOOMING HOUSE. A building wherein furnished rooms, without cooking facilities,
are rented for compensation to three (3) or more non -transient persons not
included in the family unit of the owner or tenant of the premises.
SERVICE STATION. A retail establishment for the sale on the premises of motor
vehicle fuel and other petroleum products and automobile accessories, and
for the washing, lubrication, and minor repair of automotive vehicles.
SIGN ADVERTISING. Any structure or portion thereof that is intended for advert-
ising purposes or on which letters, figures, or pictorial matter are, or
are intended to be displayed; other than a business sign.
SIGN, BUSINESS. Any sign, structure, or device which directs attention to the
premises on which located, or the occupant of the premises, or the goods
or services manufactured, produced, or available on the premises.
STORY. That portion of a building included between the surface of any floor
and the surface of the floor next above it, or if there be no floor above
it, then the space between such floor and the ceiling next above it. First
story means any floor not over 4k feet above the established grade, or if
set back, above average ground level at front line of building.
STORY, HALF. A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than four (4) feet above the top
floor level. A half -story containing independent apartments or living
quarters shall be counted as a full story.
STREETS. A public way 40 feet or more in right of way width which affords a
primary means of access to property.
USE. An activity or purpose for which land or premises or a building thereon
is designed, arranged, or intended, or for which it is occupied or main-
tained, let or leased.
a
UTILITY. A public service or quasi -public service operated to provide the
necessary functions for the whole community.
VARIANCE. A modification of the regulations of this Ordinance when authorized
by the Board of Adjustment after finding that the literal application of
the provisions of this Ordinance would cause undue and unnecessary hardship
in view of certain facts and conditions applying to a specific parcel of
property.
VICINITY. The area surrounding a use in which such use produces a discernable
influence by esthetic appearance, traffic, noise, glare, smoke or similar
influences.
YARDS. The land unoccupied or unobstructed, from the ground upward, except for
such encroachments as may be permitted by this Ordinance, surrounding a
building site.
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.
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.
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 eaves which may project 2 feet, 0 inches.
ZONING. The regulation of the use of private lands or the manner of construction
related thereto in the interest of achieving a comprehensive plan of develop-
ment. Such regulations shall also govern those public and quasi -public
land use and buildings which provide for proprietary type service for the
community's benefit as contrasted with governmental activities. Governmental
activities are encouraged to cooperate under these regulations to secure
harmonious city development.
ZONING LOT. A tract of land occupied or to be occupied by a principal building
and its accessory facilities, together with such open spaces and yards as
are required under the provisions of this Ordinance, having not less than
the minimum area required by this Ordinance 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 or
in a legally recorded deed filed in the records of the County.
ZONE TRANSITION LOT. A parcel of land abutting a district boundary where the
district boundary is not a street upon which more restrictive or less re-
strictive standards are affixed by this Ordinance. The width.of such parcel
shall be the width of the lot as platted, but not to exceed 100 feet in any
instance.
10 .
CHAPTER 10.4
TRANSITIONAL AGRICULTURAL ZONING DISTRICTS
Section 10.4.01 PURPOSE AND FUNCTION. The purpose and function of the Transi-
tional Agricultural 'Zoning Districts is to provide minimum standards and
requirements governing land use for certain areas generally undeveloped
or under cultivation, or in use for agricultural and related purposes,
which areas arc determined to be in transitional stages of development for
uses of a more intensive character.
Section 10.4.02 RESIDENTIAL -AGRICULTURAL DISTRICT - RA - PURPOSE AND FUNCTION.
The Residential -Agricultural DiStr.Let is intended to provide minimum
standards for areas in transitional development for uses predominantly
residential in character in general conformance to the Comprehensive Plan.
Section 10.4.03 RESIDENTIAL -AGRICULTURAL ZONING DISTRICT - RA - PRINCIPAL USES
PERMITTED OUTRIGHT.
(1) One -family detached dwellings, including servants' quarters, private
garages, guest cottages, accessory buildings and uses, and home occupations.
(2) All land uses, activities, operations, buildings, structures and o;hcr
facilities necessary for agriculture, dairying, grazing, horticulture, and
the growing and harvesting of agricultural crops, providing however that
the aforemen:_ioned shall not include commercial or industrial processing,
manufac�uring or packaging of food, dairy and other agricultural or horti-
cultural products, cxcepc those sold at retail on the premises.
(3) Accessory uses of all kinds.
(4) The sale on the premises of all products grown and harvested, but not
including any business, trade or industry.
(5) Home occupations arc permitted which arc customarily carried on within
a dwelling by a member or members of a family. Such activity shall be
secondary to the use of the dwelling for living purposes. No- more 1-han
25% of the floor space of she main floor, which may be in the basement,
or on the first floor only, of such dwelling may be used. and under no
circumstances more than 300 square feet.
After the effec'ive date of this Ordinance, a Certification of Occu-
pancy from the City Engineer shall be required of the property owner for
all home occupations esLablished in buildings and premises not now contain-
ing such use and located in any residential district.
For additional requirements see Section 10.10.23.
Section 10.4.04 RA ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The following uses
may be authorized by the board of Adjustment as conditional exceptions in
RA Zoning Districts as indicated.
(1) Parks and playgrounds.
11.
(2) Public, private and parochial schools and supporting dormitory
facilities, provided that playfields, exclusive of the building site, shall
be provided at the minimum ratio of 1 acre per hundred students for elem-
entary schools and 1z acre per hundred students for junior and senior high
schools, maximum design capacity.
(3) Churches and other religious or charitable organizations.
(4) Public and governmental buildings serving as administrative
offices.
(5) Fire and police stations.
(6) Libraries.
(7) Hospitals, rest and convalescent facilities for hu man beings, but
not for treatment of contagious diseases, insanity, feeble minded, epileptics,
or liquor or drug addicts.
(8) Nursery schools, day nurseries, orphanages, private kindergartens
and similar child-care centers, provided there is established and maintained
in connection therewith a fenced and screened play lot on or adjoining the
premises with a minimum area of 400 square feet plus an additional 40 aquare
feet for each child in excess of ten.
(9) Private clubs, lodges, convents, social or recreational buildings
and community assembly halls except those having a chief activity carried on
for monetary gain; provided, that any building used for such purposes shall
be at least 50 feet distant from any adjoining residentially used lot; and
provided that there be no external evidence of gainful activities, however
incidental; nor any access to any space used for gainful activities other
than from within the building.
(10) Office buildings for professional -type services such as physicians,
surgeons, dentists, architects, accountants, artists, authors, engineers,
lawyers, and similar occupations; provided the property is planned, built
and operated as a unit and adjoins or abuts a business or industrial dis-
trict within the same block and/or borders or fronts on a street which is
a continuation of a street in the business or industrial zone, bordering
the same block; provided that a determination is made that the character
of the residential district shall not be materially affected.
(11) railroad rights-of-way, but not yards or other similar facilities.
(12) Franchised and public utility and communication facilities, such
as branch telephone exchanges, static transformers, booster stations, pump-
ing stations, provided there are no service or storage buildings or yards
in connection therewith.
(13) Similar uses not harmful•to or inconsistent with a residential
neighborhood environment.
12,
Section 10.4.05 RA ZONING DISTRICT - EXISTING RESIDENTIAL USES OF GREATER
DENSITY NOT NON -CONFORMING. Residential uses of any kind located in an
RA Zoning District and in existence at the time of adoption of this
Ordinance shall not be deemed non -conforming in terms of the density
provisions relating to this District.
Section 10.4.06 RA ZONING DISTRICT - PROHIBITED USES. In the RA Zoning District
no mobile home, camping trailer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind shall be
allowed to stand or to be parked on or to occupy any portion of a lot in
said district. No more than one each of such mobile home, camping trailer,
boat or other similar conveyance may be stored on a single lot used for
residential purposes, providing that such conveyances shall (1) be located
on the rear half of the lot; (2) not project beyond the front line of the
principal building; (3) not be less than 10 feet from any flanking or side
street line; and (4) not be less than 5 feet from any side or rear lot line.
Section 10.4.07 RA ZONING DISTRICT - DENSITY PROVISIONS. Density provisions
for the RA Zoning District are as follows:
(1) Maximum height of building: Two story but not to exceed 35 ft.
(2) Minimum area of lot: 1 acre.
(3) Minimum width of lot: 100 ft.
(4) Maximum percent of building coverage on lot: 30'/.
(5) Minimum front yard depth: 30 ft.
(6) Minimum side yard width: 15 ft.
(7) Minimum side yard width along flanking street of corner lot: 20 ft.
(8) Minimum rear yard: 50 ft.
Section 10.4.1 INDUSTRIAL -AGRICULTURAL DISTRICT - MA - PURPOSE AND FUNCTION.
The Industrial -Agricultural District is intended to provide minimum standards
for areas in transitional development for uses predominantly industrial in
character in general conformance to the Comprehensive Plan.
Section 10.4.2 INDUSTRIAL -AGRICULTURAL ZONING DISTRICT - MA - PRINCIPAL USES
PERMITTED OUTRIGHT.
(1) Principal uses permitted outright in the Residential -Agricultural
Zoning District RA.
(2) Processing, manufacturing, storage and warehousing of agricultural,
dairy and horticultural products.
(3) Animal hospitals or clinics, boarding kennels, breeding establish-
ments and other uses and facilities of the same general character.
(4) Airports, drive-in theaters, golf courses, public stables, riding
academies, rodeo grounds, golf driving ranges, and other uses of a similar
character requiring large land areas.
13.
(5) Railroad rights-of-way, yards, and operating facilities.
(6) Franchised and public utility structures, facilities and operations
of all kinds serving and supporting residential, coruacrcial or industrial uses.
(7) Storage and equipment yards of all kinds, provided, however, that
no wrecking, salvaging, junking or similar operations axe carried on, and
no storage or sales of junk, scrap or salv.ge materials arc: conducted; and
provided, further, that such yards, when located within 300 feet from the
boundaries of any residential zoning district or of any residential -use
area shown on the Comprehensive Plan, shall be completely fenced or screened
by sight -obscuring mc.terial so that the interior of such yards shall not be
visible from any point on the ground or in any building within -the vicinity
area, The set -back and yard provisions in effedt for the respective resi-
dential zoning districts shall apply to such yards when located on adjoining
or abutting property.
(g) :,ccessory uses of all kinds.
Section 10.4.3 ELL ZONING DISTRICT - CONDITION.,L EXCEPTIONS, The conditional ex-
ceptions that may be authorized by the Board of "Idjustmcnt in the M., Zoning
district are as follows:
(1) :my uses deemed to be of the same general ch1r1.cter as the
principal uses permitted outright exclusive of livestock auction barns and
yards and commercial livestock feeding yards or lots.
Section 10.4.4 ti, ZONIIG DISTRICT - M,ISTING R,SIDENTL L UaLS OF GRL"TLR
DENSITY NOT P1ON-CONFO11,11ING. Residential uses of any kind located in an Nom,
Zoning District and in existence at the time of adoption of this Ordinance
shall not be deemed non -conforming in tc,rms of the density provisions re-
lating to this District.
Section 10.4.5 Mt, ZONING DISTRICT - PROHIBITED USES. In the K', Zoning District
no mobile home, camping trailer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind shall be
allowed to stand or to be parked on or to occupy any portion of a lot in
said district. No more than one each of such mobile horse, camping trailer,
boat or other similar conveyance may be stored on a single lot used for
residential purposes, providing that such conveyances shall (1) be located
on the rear half of the lot; (2) not project beyond the front line of the
principal building; (3) not be less than 10 feet from any flanking or side
street line; and (4) not be less than 5 feet from any side or rear lot line.
Section 10.1.6 1L, ZONING DISTRICT - DENSITY PROVISIONS. Density provisions
for Int', Zoning District are as follows:
(1) Maximum height of building: 90 feet.
(2) idnimum area of lot: 3 acres.
(3) Minimum width of lot: 200 feet.
(4) M,,mimum lot coverage: 20;0
(5) Minimum front, rear and side yards width: None except where pro-
perty in such district flanks or is opposite a'residential zone, in which
case the set -backs of the residential zoning district shall be observed.
14.
CHAPTER 10.5
RESIDENTIAL ZONING DISTRICTS
Section 10.5.01 SUBURBAN RESIDENTIAL ZONING DISTRICT - SR - PRINCIPAL USES PER-
MITTED OUTRIGHT. The principal uses permuted outright in this district
are as follows:
(1) One -family detached dwellings, including servant's quarters,
privaLe garages, guest cottages, accessory buildings and uses, and home
occupations.
(2) Agricultural uses including horticultural and nurseries, but
not including the raising of animals or fowl for commercial purposes, or
the sale of any produce or products at retail en the premises.
(3) A private stable, if locaLed not: less than 60 feet from a front
street line or a side or rear lot line, providing accommodations for not
more than one hors�,mulc or pony for the first one acre and no more than
one additional of the before -mentioned animals per each 10,000 additional
square feet more than the first acre in the tract.
(4) Home occupations are permitted which are customarily carried on
within a dwelling by.a member or members of a family. Such activity shall
be secondary to the use of the dwelling for living purposes. Not more
than 25 percent of the floor space of the main floor, which may be in the
basement, or on the first floor only of such dwelling may be used, and under
no circumstances more Lhan 300 square feet.
After the effective date of this Ordinance, a Certificate of Occupancy
from the City Engineer shall be required of the property owner for all
home occupations established in buildings and premises not now containing
such use and located in any residential district.
For additional requirements, see Section 10.10.23.
Section 10.5.02 SR ZONING DISTRICT-- ACCESSORY USES PERMITTED.
(1) Accessory uses customarily incidental to a principal use permitted
outright, such as private garages or parking areas for non-commercial vehicles
only, conservatories for planes and flowers, but not including any business,
trade or industry.
(2) Non -flashing residential name plates not exceeding 64 square inches
bearing only the name and address of the occupan,,; non -flashing sign or
bulletin boards for quasi- public institutional buildings not exceeding 30
square feet permitted for non-residential uses and conditional exceptions.
Section 10.5.03 SR ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The following uses
may be authorized by the Board of Adjustment as conditional exceptions in
an SR Zoning District as indicated. Such uses, although not permitted out-
right, shall not be deemed non -conforming if existing at the time of the
adoption of this Ordinance.
15.
(1) Parks and playgrounds.
(2) Public,private and parochial schools and supporting dormitory faci-
lities, provided that playfields, exclusive of the building site, shall be
provided at the minimum ratio of 1 acre per hundred students for elementary
schools and 12 acre per hundred students for junior and senior high schools,
maximum design capacityi
(3) Churches and other religious or charitable organizations.
(4) Public and governmental buildings serving as administrative offices,
(5) Fire and police stations.
(6) Libraries.
(7) Hospitals, homes for aged, "retirement" homes, rest and convales-
cent facilities for human beings, but not for treatment of contagious dis-
eases, insanity, feeble minded, epileptics, or liquor or drug addicts.
(8) Nursery schools, day nurseries, orphanages, private kindergartens
and similar child-care centers, provided there is established and maintained
in connection therewith a fenced and screened play lot on or adjoining the
premises with a minimum area of 400 square feet plus an additional40 square
feet for each child in excess of ten.
(9) Private clubs, lodges, convents, social or recreatioasl buildings
and community assembly halls except those having a chief activity carried on
for monetary gain; provided, that any building used for such purposes shall
be at least 50 feet distant from any adjoining residentially used lot; and
provided that there be no external evidence of gainful activities, however
incidental; nor any access to any q)ace used for gainful activities other
than from within the building.
(10) Office buildings for professional -type services such as physicians,
surgeons, dentists, architects, accountants, artists, authoris, engineers,
lawyers, and similar occupations; provided the property is planned, built
and operated as a unit and adjoins or abuts a business or industrial district
within the same block, and/or borders or fronts on a street which is a con-
tinuation of a street in the business or industrial zone, bordering the same
block; provided that a determination is made that the character of the resi-
dential district shall not be materially affected.
(11) Railroad rights-of-way and operating facilities appurtenant thereto,
but not yards, industrial spurs, or other similar facilities.
(12) Franchised and public utility and communication facilities, such as
branch telephone exchanges, static transformers, booster stations, pumping
stations, provided there are no service or storage buildings or yards in
connection therewith.
(13) Cemeteries, mausoleums and cremator .urns.
16.
(14) Private or public golf courses and country club or social
club facilities in connection therewith.
(15) Similar uses not harmful to or inconsistent with a residential
neighborhood environment.
Section 10.5.04 SR ZONING DISTRICT - EXISTIN:7 RESIDENTIAL USES OF GREATER DENSITY
NOT NON -CONFORMING. Residential uses of any kind located in an SR District
and in existence at the time of adoption of this Ordinance shall not be deemed
non -conforming.
Section 10.5.05 SR ZONING DISTRICT - PROHIBITED USES. In the SR Zoning District
no mobile home, camping trailer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind shall be
allowed to stand or to be parked on or to occupy any portion of a lot in
said district. No more than one each of such mobile home, camping trailer,
boat or other similar conveyance may be stored on a single lot used for resi-
dential purposes, providing that such conveyances shall (1) be located on the
rear half of the lot; (2) not project beyond the front line of the principal
building; (3) not be less than 10 feet from any flanking or side street line;
and (4) not be less than 5 feet from any side or rear lot line.
Section 10.5.06 SR ZONING DISTRICT - DENSITY PROVISIONS. Density provisions for
the SRZoning District are as follows:
(1) Maximum number of families permitted per lot: 1
(2) Maximum height of buildings: 2 story but not to exceed 35 ft.
(3) Minimum area of lot: 20,000 square feet.
(4) Minimum width of lot: 100 feet.
(5) Maximum percent of building coverage of lot: 20%.
(6) Minimum front yard depth: 20 feet.
(7) Minimum side yard width: 15 feet.
(8) Minimum side yard width along flanking street of corner lot: 20 ft.
(9) Minimum rear yard required: 50 feet.
Section 10.5.1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT - R1 - PRINCIPAL USES
PERMITTED OUTRIGHT.
(1) One single family detached dwelling structure per lot.
(2) Subsistence or hobby -type gardening and horticultural activities
and related structures having less than 400 square feet total area and used
solely for non-commercial purposes.
Section 10.5.2 R1 ZONING DISTRICT - ACCESSORY USES PERMITTED.
(1) Uses customarily incidental to a principal use permitted outright,
171
such as priv-.tc gar-.gcs or parking c.rcas for non-commercial vehicles only,
but not including any business, trn.dc or industry.
(2) Home occupations arc: permitted which arc customarily carried on
within a dwelling by an me,nber or members of a family. Such activity shall
be secondary to the use of the dwelling for living purposes. Not more
than 25 percent of the floor space of the main floor, which may be in the
basement, or on the first floor only, of such dwelling may be used, and
under no circumstances more than 300 squwre feet.
:after the effective date of this Ordinance a Certificate of Occupancy
from the City Engineer shall be required of the property owner for all home
occupations established in buildings Ind promises not now containing such
use and located in any residential district.
For additional requirements, see Section 10.10.23.
(3) The renting of rooms by the resident owner for lodging purposes
only, and for the accommodation of not more than 2 roomers in a single-
family dwelling.
(4) Non -flashing residontial name plates not exceeding 64 square inches
bearing only the name and address of the occupant; non -flashing bulletin
boards or signs not exceeding 30 square feet for quasi -public institutional
bui ldin s .
Section 10.5.3 R1 ZONING DISTRICT - CONDITION::L EXCEPTIONS. The following uses
may be authorized by the Board of ,djustmcnt as conditional exceptions in.
an R1 Zoning District as indicated. Such uses, although not permitted
outright, shall not be deemed non -conforming if existing at the time of
the adoption of this Ordinance.
(1) Parks and playgrounds.
(2) Public, private and parochial schools and supporting dormitory,
convents and facilities, provided that playfields, exclusive of the building
site, shall be provided at the minimum ratio of 1 acre per hundred students for
elementary schools and 11 acre per hundred students for junior and senior high
schools, maximum design capacity.
(3) Churches and other religious or charitable organizations.
(k) Public and governmental buildings serving as administrative offices.
(5) Fire and police stations.
(6) Libraries...
(7) Franchised and public utility and communication facilities, such as
branch telephono exchanges, static transformers, booster stations, pumping
stations, provided there arc no service or storage buildings or yards in
connection therewith and that proper landscaping and screening is provided.
(g) Similar uses not harmful to or inconsistent with a residential
neighborhood environment.
Section 10.5.4 Rl ZONING DISTRICT - 710-F:u ILY DZ-ELLING STRUCTURK NOT NON-
CONF02 IEG. Two family dwelling structures (duplexes), although not per-
mitted outright, shall not be decmcd non -conforming if existing at the
time of adoption of this Ordinance.
Section 10.5.5 R1 ZONING DISTRICT - PROHIBITED U&S. In the R1 Zoning Distrigt
no mobile home, camping trailcer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind shall be
allowed to stand or to be parked on or to occupy any portion of a lot in
said district. No more than one each of such mobile hone, camping trailer)
boat or other similar conveyance may be stored on a single lot used for
residential purposes, providing that such conveyances shall (1) be located
on the rear half of the lot; (2) not project beyond the front line of the
principal building; (3) not be less than 10 feet from any flanking or side
street line; and (4) not be less than 5 feet from any side or rear lot line.
Section 10.5.5 R1 ZONING DIARICT - R AiSITY PROVISIONS. Density provisions for
the R]. ZoninZ District arc as follows:
(1) Kaximum number of families permitted per lot: l
(2) l a.,ximum hei,ht of building: 2X story but not to
exceed 35 ft.
(continued on page lq
19.
(3) Minimum area of lot: 7000 square feet.
(4) Minimum depth of lot: 80 feet.
(5) Minimum width of lot: 60 feet.
(6) Maximum percent of building coverage: 30% of lot.
(7) Minimum front yard depth: 20 feet.
(8) Minimum side yard width: 5 feet.
(9) Minimum side yard width along flanking street of corner 16t: 15 ft.
(10) Minimum rear yard required: 25 feet.
Section 10.5.11 TWO-FAMILY RESIDENTIAL ZONING DISTRICT R2 - PRINCIPAL USES PER-
MITTED OUTRIGHT.
(1) Principal uses permitted outright in R1 Zoning District.
(2) Two-family attached dwellings (duplexes).
(3) Single family detached dwellings on lots of 6000 square feet
minimum area.
Section 10.5.12 R2 ZONING DISTRICT - ACCESSORY USES PERMITTED
(1) Uses customarily incidental to a principal use permitted outright,
such as private garages or parking areas for non-commercial vehicles only,
but not including any business trade or industry.
(2) Home occupations are permitted which are customarily carried on
within a dwelling by a member or members of a family. Such activity
shall be secondary to the use of the dwelling for living purposes. Not
more than 25 percent of the floor space of the main floor, which may be
in the basement, or on the first floor only, of such dwelling may be used,
and under no circumstances more than 300 square feet.
After the effective date of this Ordinance, a Certificate of Occupancy
from the City Engineer shall be required of the property owner for all home
occupations established in buildings and premises not now containing such
use and located in any residential district.
For additional requirements, see Section 10.10.23.
(3) The renting of rooms by the resident owner for lodging purposes
only, and for the accommodation of not more than 2 roomers in a single-
family dwelling.
(4) Non -flashing residential name plates not exceeding 64 square inches
bearing only the name and address of the occupant; non -flashing bulletin
boards or signs not exceeding 30 square feet for quasi -public institutional
buildings.
20.
Section 10.5.13 R2 ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The following
uses may be authorized by the Board of Adjustment as conditional exceptions
in an R2 Zoning District as indicated. Such uses, although not permitted
outright, shall not be deemed non -conforming if existing at the time of
adoption of this Ordinance.
(1) Parks and playgrounds.
(2) Public, private and parochial schools and supporting dormitory
facilities, provided that playfields, exclusive of the building site, shall
be provided at the minimum ratio of 1 acre per hundred students for ele-
mentary schools and 1z acre per hundred students for junior and senior high
schools, maximum design capacity.
(3) Churches and other religious or charitable organizations.
(4) Public and governmental buildings serving as administrative offices.
(5) Fire and police stations.
(6) Libraries.
(7) Hospitals, homes for aged, `retirement" homes, rest and convales-
cent facilities for human beings but not for treatment of contagious dis-
eases, insanity, feeble minded, epileptics, or liquor or drug addicts.
(8) Nursery schools, day nurseries, orphanages, private kindergartens
and similar child-care centers, provided there is established and main-
tained in connection therewith a fenced and screened play lot on or ad-
joining the premises with a minimum area of 400 square feet plus an addi-
tional 40 square feet for each child in excess of ten.
(9) Private clubs, lodges, conv4�.n.ts, social or recreational build-
ings and community assembly halls except those having a chief activity
carried on for monetary gain; provided, that any building used for such
purposes shall be at least 50 feet distant from any adjoining residentially
used lot; and provided that there be no external evidence of gainful acti-
vities, however incidental; nor any access to any space used for gainful
activities other than from within the building.
(10) Office buildings for professional -type services such as physicians,
surgeons, dentists, architects, accountants, artists, authors, engineers,
lawyers, and similar occupations; provided the property is planned, built
and operated as a unit and adjoins or abuts a business or industrial dis-
trict within the same block, and/or borders or fronts on a street which
is a continuation of a street in the business or industrial zone, border-
ing the same block; provided that a determination is made that the charac-
ter of the residential district shall not be materially affected.
(11) Railroad rights-of-way and operating facilities appurtenant
thereto, but not yards, industrial spurs, or other similar facilities.
(12) Franchised and public utility and communication facilities, such
as branch telephone exchanges, static transformers, booster stations,
pumping stations, provided there are no service or storage buildings or
21.
yards in connection thorewith.
(13) Cemeteries, mausoleums, crematoriums and coluibariums.
(14) Private or ,,)ublic golf courses and country club or social club
facilities in connection therewith.
(15) Similar uses not harmful to or inconsistent tirith a residential
neighborhood environment.
Section 10.5.14 R2 Z0NR,*G DIST'6 CT - 1,,,RG1TIBITLD USS. In the R2 Zoning District
no mobile horse, carping trailer or similar convcyanec ti•rhile being used for
be
living and/or sleeping quarters or human h.bitation of any kind shallot in
allowed to stand or to be parked on or to oecul.y an1.
,yr portion of
said district. No more than one each of such ;aooile ho; .e, c^r,ping trailer,
boat or other si;:iln.r conveyance may be stored on a single lot usedfor
residential rurnoscs,--xoviding that such convcyances shall (1) el
oca
on the roar half of the lot; (2) not project beyond the front line of the
principal building; (3) not be loss than 10 feet from any flanking or side
street lino; and (4) not be less than 5 feet from any side or rear lot line.
Section 10.5.15 R2 ZOUI11,11IG DIST tICT - DENSITY FRoVISIONS. Density provisions
for the R2 Zoning District arc as follows:
(1) iiaxir.:um height of buildings: 21* story, but not to exceed 35 ft.
(2) iiinimum arca of lot: 6000 square ft. for single family dct.^.ched
dwelling structures,
8000 square ft. for two-fasrily attached
dwelling structures.
(3) Kinir_ium depth of lot: 90 feet.
(4) Rdnimum width of lot: 60 feet.
(;) iaxinuri percent of lot coverage: 40`
(6) 17inimurr. front yard depth.: 20 foot.
(7) iniraum side yard width: 5 feet.
{C) mW -n side yard width along flanking street of corner lot: 15 ft.
(9) minimum rear yard required: 25 feet.
Section 10.5.21 1 ULTIPLE NELLI.NG ZONING DIST' ICT R3 - PRINCIP..L USES PER!-iITTED
OUTRIGHT.
(1) Principal uses permitted outright in the R2 Zoning District,
(2) 1,iultiple dwelling structures or groups of structures, including
triplex and fourplex family dwelling structures, and multi-fariily apart-
22.
ments in which units are rented on a permanent basis, but not including
motels, mobile homes, or other facilities offered on a transient tenancy
basis.
Section 10.5.22 R3 ZONING DISTRICT - ACCESSORY USES PERMITTED.
(1) Uses customarily incidental to a principal use permitted out-
right, such as private garages or parking areas for non-commercial vehicles
only, but not including any business trade or industry.
(2) Home occupations are permitted which are customarily carried on
within a dwelling by a member or members of a family. Such activity shall
be secondary to the use of the dwelling for .living purposes. Not more
than 25 percent of the floor space of the main floor, which may be in
the basement, or on the first floor only; of such dwelling may be used,
and under no circumstances more than 300 square feet.
After the effective date of this Ordinance, a Certificate of Occupancy
from the City Engineer shall be required of the property owner for all home
occupations established in buildings and premises not now containing such
use and located in any residential district.
For additional requirements, see Section 10.10.23.
(3) The renting of rooms by the resident owner for lodging purposes
only, and for the accommodation of not more than 2 roomers in a single-
family dwelling.
(4) Non -flashing residential name plates not exceeding 64 square
inches bearing only the name and address of the occupant; non -flashing bul-
letin boards or signs not exceeding 30 square feet for quasi -public insti-
tutional buildings.
Section 10.5.23 R3 ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The following
uses may be authorized by the Board of Adjustment as conditional exceptions
in an R3 Zoning District as indicated.. Such uses, although not permitted
outright, shall not be deemed non -conforming if existing at the time of
the adoption of this Ordinance.
(1) Parks and playgrounds.
(2) Public, private and parochial schools and supporting dormitory
facilities, provided that playfields, exclusive of the building site,
shall be provided at the minimum ratio of 1 acre per hundred students for
elementary schools and 1� acre per hundred students for junior and senior
high schools, maximum design capacity.
(3) Churches and other religious or charitable organizations.
(4) Public and governmental buildings serving as administrative offices.
(5) Fire and police stations.
(6) Libraries.
23 .
(7) Hospitals, hoAcs for aged, "retirement" homes, rest and convales-
cent facilities for human beings, but not for treatment of contagious dis-
eases, insanity, feeble minded, epileptics, or liquor or drug addicts.
(8) Nursery schools, day nurseries, orphanages, private kindergartens
and similar child-care centers, provided there is established and maintained
in connection therewith a fenced and screened play lot on or adjoining the
premises with a minimum area of 400 square feet plus an additional 40
square feet for each child in excess of ten.
(9) Private clubs, lodges, convents, social or recrontional buildings
and community assembly halls except those having a chief activity carried
on for monctnry gain; provided, that any building used for such purposes
shall be at least 50 feet distant from any adjoining residentially used
o
lot; cr ncidental, fortanycaccess totanyaspacedused forggainful2activities
however ine ,
other than from within the building.
(10) Office buildings for professional -type services such as physicians,
surgeons, dentists architects, accountants, artists; authors, engineers,
lawyers, and similar occupations; provided the property is planned, built
and operated as a unit and adjoins or abuts a business or industrial dis-
trict within the same block, and/or borders or fronts on a street which
is a continuation of n street in the business or industrial zone, border-
ing the same block; provided that a determination is mAde that the char-
acter of the residential district shall not be materially affected.
(11) Railroad rights-of-way and operating facilities appurtenant
thereto, but not yard, industrial spurs, or other sirdar facilities.
(12) Franchised and public utility and communication facilities, such
as branch telophone exchanges, static transformers, booster stations,
there arc no service or storage buildings or
pumping stations, provided
yards in commection therewith.
(13) Cemeteries, mausoleums, crematoriums and columbnriums.
(14) Private or public golf courses and country club or social club
facilities in connection therewith.
(15) Housing projects involving multi -family units in a grouping of
buildings generally on single sites and planned and developed as an in-
tegral unit for which it is difficult or impossible to apply standards
for density controls contained in this Ordinance. The Board of adjustment
shall We full cognizance of the problems imnoscd upon lnrge scale de-
velopments on the basis of their conformance to accepted land and build-
ing planning principles and their effect upon existing land and property
values in the vicinity thereof.
(16) Similar uses not harmful to or inconsistent with a residential
neighborhood environment.
24.
Section 10.5.24 R3 ZONING DISTRICT - PROHIBITED USES. In the R3 Zoning District
no mobile home, camping trailer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind shall be
allowed to stand or to be parked on or to occupy any portion of a lot in
said district. No more than one each of such mobile home, camping trailer,
boat or other similar conveyance may be stored on a single lot used for
residential purposes, providing that such conveyances shall (1) be located
on the rear half of the lot; (2) not project beyond the front line of the
principal building (3) not be less than 10 feet from any flanking or side
street line; and (4) not be less than 5 feet from any side or rear lot
line.
Section 10.5.25 R3 ZONING DISTRICT - DENSITY PROVISIONS. Density provisions
for the R3 Zoning District are as follows:
(1) Maximum height of buildings: 3 stories, but not to exceed 40 ft.
(2) Minimum area of lot: R1- One single family detached dwelling
structure - 6000 square feet.
R2- One two-family attached dwelling
structure - 7000 square feet.
R3- Multiple family dwelling structures -
3000 square feet per family dwelling
unit for first four dwelling units;
2000 square feet per unit for each
dwelling unit in excess of first four.
(3) Minimum depth of lot: 90 feet.
(4) Minimum width of lot: 60 feet.
(5) Maximum percent of lot coverage: 45%.
(6) Minimum front yard depth: 15 feet.
(7) Minimum side yard width: 5 feet, except when abutting an
SR, R1, or R2 Zoning District, then 10 feet shall be
required.
(8) Minimum side yard width along flanking street of corner
lot: 10 feet.
(9) Additional Side yard required per story when in excess of
2 story: 2 feet.
(10) Minimum rear yard required: 20 feet.
Section 10.5.31 MULTIPLE DWELLING ZONING DISTRICT R4 - PRINCIPAL USES PERMITTED
OUTRIGHT. Principal uses permitted outright in R3 Zoning District.
Section 10.5.32 R4 ZONING DISTRICT - ACCESSORY USES PERMITTED.
(1) Uses customarily incidental to a principal use permitted out-
25.
right, such as private garages or parking areas for non-commercial vehicles
only, but not including any business, trade or industry.
(2) Home occupations are permitted which are customarily carried on
within a dwelling by a member or members of a family. Such activity
shall be secondary to the use of the dwelling for living purposes. Not
more than 25 percent of the floor space of the main floor, which may be
in the basement, or on the first floor only, of such dwelling may be used,
and under no circumstances more than 300 square feet.
After the effective date of this Ordinance, a Certificate of Occupancy
from the City Engineer shall be required of the property owner for all home
occupations established in buildings and premises not now containing such
use and located in any residential distr::_ct.
For additional requirements, see Section 10.10.23.
(3) The renting of rooms by the resident owner for lodging purposes
only, and for the accommodation of not more than 2 roomers in a single-
family dwelling.
(4) Non -flashing residential name plates not exceeding 64 square
inches bearing only the name and address of the occupant; non -flashing bul-
letin boards or signs not exceeding 30 square feet for quasi -public in-
stitutional buildings.
Section 10.5.33 R4 ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The following uses
may be authorized by the Board of Adjustment as conditional exceptions in
an R4 Zoning District as indicated. Such uses, although not permitted
outright, shall not be deemed non -conforming if existing at the time of the
adoption of this Ordinance.
(1) Parks and playgrounds.
(2) Public, private and parochial schools and supporting dormitory
facilities, provided that playfields, exclusive of the building site, shall
be provided at the minimum ratio of 1 acre per hundred students for ele-
mentary schools and 13,- acre per hundred students for junior and senior
high schools, maximum design capacity.
(3) Churches and other religious or charitable organizations.
(4) Public and governmental buildings serving as administrative
offices.
(5) Fire and police stations.
(6) Libraries.
(7) Hospitals, homes for aged, "retirement" homes, rest and convales-
cent facilities for human beings, but not for treatment of contagious dis-
ease, insanity, feeble minded, epileptics, or liquor or drug addicts.
26
(8) Nursery schools, day nurseries, orphanages, private kindergartens
and similar child-care centers, provided there is established and maintained
in comrnection therewith a imum arcanofd400dsqu�:renf�etlalusot on or an additiona1n40gsquere
premises with a minimum
feet for each child in excess of ten.
(9) Private Clubs, lodges, convents, social or recreational buildings
and community assembly halls except those having a chief activity carried
on for monetary gain; providod, that any building used for such purposes
shall be at least 50 feet distant from any adjoining residentially used
lot; and provided that there be no extornal evidence of gainful activities,
however incidental; nor any access to any space used for gainful activities
other than from within the building.
(10) Office buildings for professional -type servicessuch as physicians,
surpons, dentists, architects, accountants, artists, , en g 2
lawyers, and si?ilnr occupations; provided the property is planned, built and
operntcd as a unit and adjoins or abuts ? business or industrial district
within thy, same block, and/or borders or fronts on a street which is a
continuation of a street in the business or industrial zone, bordering the
same block; provided that a determination is made that tho ch�ractr of
the residential district shall not be ma.tcrially affected.
(11) Railroad rights-of-way and oporAing Ycilitics appurtenant thereto,
but not yards, industrial spurs, or other similar fneilitius.
(12) Franchised and public utility and comnunicotion facilities, such
as branch telephone exchanges, static transformers, booster stations,
pumping stations, provided thorn ore no service or storage buildings or
yards in connection therewith.
(13) Cemeteries, mausoleums, crematoriums and columbariums.
(14) Priv7te or public golf courses and country club or social club
facilties in connection therewith.
(15) Housing projects involving multi -family units in a grouping of
buildings generally on single sits --nd planned and developed as an in-
t
tegral unit for which it is difficult or impossible to apply standards
for density controls contained in this Ordinance. The Board of adjustment
shall take full cogniz^nee of the problems imposud upon large scale de-
velopments on the basis of their conformance to accepted land and building
planning principles and their effect upon existing land and property
values in the vicinity thereof.
(16) Similar uses not harmful to or inconsistent with a residential
neighborhood environment.
Section 10.5.34 R4 ZONING DISTRICT - PROHIBITED USES. In the R4 Zoning District
no mobile home, camping trailer or similar conveyance while being usedfor
living and/or sleeping qu^.rters or human habitation of any kind shall
allowed to stand or to be parked on or to occupy any ;portion of a lot in
said district. No more than ono each of such mobile home, camping trailer,
27.
boat or other similar conveyance may be stored on a single lot used for
residential purposes; providing that such conveyances shall (1) be 'located
on the rear half of the lot; (2) not project beyond the front line of the
principal building; (3) not be less than 10 feet from any flanking or side
street line; and (4) not be less than 5 feet from any side or rear lot
line.
Section 10.5.35 R4 ZONING DISTRICT - DENSITY PROVISIONS. Density provisions of
the R4 Zoning District are as follows:
(1) Maximum height of buildings: 3 stories but not to exceed 40 ft.
(2) Minimum area of lot: R1 - One single family detached dwelling
structure - 6000 square feet.
R2 - One two-family attached dwelling
structure - 7000 square feet.
R4 - 1500 square feet per dwelling unit
for first four dwelling units;
1000 square feet per unit for each
dwelling unit in excess of the first four.
(3) Minimum depth of lot: 90 feet.
(4) Minimum width of lot: 50 feet.
(5) Maximum percent of lot coverage: 60%.
(6) Minimum front yard depth: 15 feet.
(7) Minimum side yard width: 5 feet, except when abutting an SR, R1,
R2, or $3 Zoning District, then 10 feet shall be required.
(8) Minimum side yard width along flanking street of corner lot: 10 ft.
(9) Additional side yard required per story when in excess of 2
stories: 2 feet.
(10) Minimum rear yard required: 20 feet.
Section 10.5.41 MULTIPLE DWELLING ZONING DISTRICT R5 - PRINCIPAL USES PERMITTED
OUTRIGHT. Principal uses permitted outright in R4 Zoning District.
Section 10.5.42 R5 ZONING DISTRICT - ACCESSORY USES PERMITTED.
(1) Uses customarily incidental to a principal use permitted out-
right, such as private garages or parking areas for non-commercial vehicles
only, but not including any business, trade or industry.
(2) Home occupations are permitted which are customarily carried on
within a dwelling by a member or members of a family. Such activity shall
be secondary to the use of the dwelling for living purposes. Not more
than 25 percent of the floor space of the main floor, which may be in the
28.
basement, or on the first floor only, of such dwelling may be used, and
under no circumstances more than 300 square feet.
After the effective date of this Ordinance, a Certificate of Occupancy
from the City Engineer shall be required of the property owner for all home
occupations established in buildings and premises not now containing such
use and located in any residential district.
For additional requirements, see Section 10.10.23.
(3) The renting of rooms by the resident owner for lodging purposes
only, and for the accommodation of not more than 2 roomers in a single-
family dwelling.
(4) Non -flashing residential name plates not exceeding 64 square
inches bearing only the name and address of the occupant; non -flashing
bulletin boards or signs not exceeding 30 square feet for quasi -public
institutional buildings.
Section 10.5.43 R5 ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The following uses
may be authorized by the Board of Adjustment as conditional exceptions in
an R5 Zoning District as indicated. Such uses, although not permitted
outright, shall not be deemed non -conforming if existing at the time of
the adoption of this Ordinance.
(1) Parks and playgrounds.
(2) Public, private and parochial schools and supporting dormitory
facilities, provided that playfields, exclusive of the building site, shall
be provided at the minimum ratio of 1 acre per hundred students for elemen-
tary schools and 12 acre per hundred students for junior and senior high
schools, maximum design capacity.
(3) Churches and other religious or charitable organizations.
(4) Public and governmental buildings serving as administrative offices.
(5) Fire and police stations.
(6) Libraries.
(7) Hospitals, homes for aged "retirment" homes, rest and convales-
cent facilities for human beings, but not for treatment of contagious dis-
eases, insanity, feeble minded, epileptics, or liquor or drug addicts.
(8) Nursery schools, day nurseries, orphanages, private kindergartens
and similar child-care centers, provided there is established and maintained
in connection therewith a fenced and screened play lot on or adjoining the
premises with a minimum area of 400 square feet plus an additional 40 square
feet for each child in excess of ten.
(9) Private clubs, lodges, convents, social or recreational buildings
and community assembly halls except those having a chief activity carried on
29.
for monetary gAn; provided, that any building used for such purposes shall
be at least 50 feet distant from any adjoining residentially used lot; and
provided that there be no external evidence of gainful activities, however
incidental; nor any access to any sp:.ce used for gainful activities other
than from within the building.
(10) Office buildings for professional -type services such as physicians,
surgeons, dentists, architects, accountants, artists, authors, engineers,
lawyers, and similar occupatiohs; provided the property is planned, built
and operated as a unit and adjoins or abuts c business or industrial district
within the same block, and/or borders or fronts on a street ALA is a con-
tinuation of a street in the business or industrial zone, bordering the same
block; provide that a determination is made that the character of the resi-
dential district shall not be materially affected.
(11) Railroad rights-of-way and operating facilities appurtenant thereto,
but not yards, industrial spurs, or other similar facilities.
(12) Frachised and public utility and communication facilities, such as
branch telephone exchanges, static transformers, booster stations, pump-
ing stations, provided ther4 are no service or storage buildings or yards
in connection therewith.
(13) Cemeteries, mausoleums, crematoriums and columbariums.
(14) Private or public golf courses and country club or social club
facilities in connection therewith.
(15) Housing projects involving multi -family units in a. grouping of
buildings generally on singly sites ,and planned and developed as an integral
unit for which it is difficult or impossible to apply standards for density
controls contained in this Ordinance. The Board of Ajustment shall Vke
full cognizance of the problems inTosed upon large scale developments on the
basis of their conformance to accepted land and building planning principles
and their effect upon existing land and property values in the vicinity
thereof.
(16) Similar uses not harmful to or inconsistent with a residential
neighborhood environment.
Section 10.5.44 R5 ZONING DISTRICT- PROHIBITED USES. In the R5 Zoning District
no mobile home, camping trailer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind shall be
allowed to stand or to bo porkcd on or to occupy any portion of a lot in
said district. No more than one each of such mobile home, camping trailer,
boat or other similar conveyance may be stored on a single lot used for re-
sidential purposes, providing that such conveyances shall (1) be located
on the rear half of the lot; (2) not project beyond thy: front line of the
principal building; (3) not be less than 10 feet from any flanking or side
Arcot line; and (4) not be less than 5 feet from any side or rear lot line.
30.
Section 10.5.45 R5 ZONING DIaTRICT - DENSITY PROVISIONS. Density provisions of
the R5 Zoning District are as follows:
(1) Maximum height of buildings: 3 stories but not to exceed 40 ft.
(2) %iinitinun area of lot: Onosingle
family detached
dwelling
One two-family attached dwelling
structure - 6000 square foot.
Eultiple dwelling structures -
1000 square feet for each dwelling
unit for first four dwelling units;
800 square feet for each dwelling
unit in excess of the first four.
(3) Minimum depth of lot: 100 feet.
(4) Hinimum width of lot: 100 feet.
(5) Maximum percent of lot coverage: 606
(6) Minimum front yard depth: 15 feet.
(7) iiinimum. side yard width: 5 feet except when abutting an SR, R1,
R2 or R3 Zoning District, then 10 feet shall be required.
(8) Minimum side yard width along flanking street of corner lot: 10 ft.
(9) :additional side yard required per story when in excess of 2 stories:
2 feet.
Section 10.5.51 MOBILE HOS RESIDENTIAL ZONING DISTRICT - AHR - PRINCIPAL USES
PEPd.LITTED OUTRIGHT.
(1) Mobile home and trailer courts or parks.
Section 10.5.52 NIHR ZONING DISTRICT - ACCESSORY USES PLPdJTTED.
(1) uses
ildinssoandlf�cilitaestol forto rkpofficPaluse laundries ttoiletsoutright,
including bu g p`'
washrooms.
(2) Non -flashing bulletin boards or signs not exceeding 30 square
feet for non-residential uses and conditional exceptions.
(3) The accessory cxcaptions which may be authorized by the Board of
:adjustment in this District are those customarily incidental to conditional
exceptions allowed.
31.
Section 10.5.53 MER ZONING DISTRICT - DENSITY PROVISIuNS.
V (1) Maximum height of buildings: 21 stories but not to exceed 35 ft.
(2) %linimum area of trailer or mobile home park: 3 acres.
(3) Lot areas and dimensions of mobile home or trailer stands, per-
centage of lot coverage, and other developmental features shall conform
to the requirements of local and state health and sanitary authorities
and to other applicable resolutions, ordinances, and regulations.
32.
CHAPTER 10.6
BUSINESS AND COMMERCIAL DISTRICTS
Section 10.6.01 NEIGHBORHOOD BUSINESS ZONING DISTRICT Cl. The Cl Neighborhood
Business Zoning District is intended to provide for shopping centers serv-
ing the daily living needs of people through the sale of primarily convenience
goods.
Section 10.6.02 C1 ZONING DISTRICT - PRINCIPAL USES PERMITTED OUTRIGHT. The
principal uses permitted outright in the Cl Zoning District are as follows:
(1) Retail stores, shops, services and business activities serving
primarily the residents of the surrounding neighborhood, supplying the
necessary daily convenience goods for households, such as: groceries;
meats, diry products; drugs; confectionery, cleaning -laundry (pick-up
only) and self-service laundries; clinics; variety; florists.
(2) Uses permitted outright or as conditional exceptions in Resi-
dential Districts R1, R2, R3, R4 and R5.
Section 10.6.03 Cl ZONING DISTRICT - ACCESSORY USES. The accessory uses per-
mitted outright in Cl Zoning Districts are as follows:
(1) Uses and structures customarily incidental to a principal use
permitted outright, except of a type specified as a prohibited use.
(2) An exterior business sign not facing the side of any adjoining
lot in an "R" Zoning District, said sign not to exceed 80 square feet
pertaining only to business within.
i
ection 10.6.04 Cl ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The conditional �{
exceptions which may be authorized by the Board of Adjustment in a Cl
Zoning District are as follows:
(1) Any use determined to be of the same general character as the
principal uses permitted outright in this District.
Section 10.6.05 C1 ZONING DISTRICT - PROHIBITED USES. In the C1 Zoning District
no mobile home, camping trailer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind, shall be
allowed to stand or to be parked on or to occupy any portion of a residentially
used lot in said distr-,_ct. No more than one each of such mobile home, camping
trailer, boat or other similar conveyance may be stored on a single lot used
for residential purposes, providing that such conveyances shall (1) be
located on the rear half of the lot; (2) not project beyond the front line
of the principal building; (3) not be less than 10 feet from any flanking
or side street line; and (4) not be less than 5 feet from any side or
rear lot line.
Section 10.6.06 Cl ZONING DISTRICT - DENSITY PROVISIONS. Density provisions for
the C1 Zoning District are as follows:
33.
(1) Maximum building height: 2 story not to exceed 35 feet.
(2) Minimum lot area: 5000 square feet.
(3) Minimum lot width: 50 feet.
(4) Minimum front yard depth: 15 feet.
(5) Minimum side yard, interior lot-: none required.
(6) Minimum side yard, zone transition lot: same as requirement of
any adjoining more restrictive district.
(7) Minimum side yard, corner lot: 10 feet.
(8) Minimum rear yard: None required, except when abutting any "R"
District: 20 feet.
Section 10.6.06 Cl ZONING DISTRICT - BASIC REQUIREMENTS. Uses permitted in Cl
Zoning District shall be subject to the following limitations:
(1) All business, service, processing, or storage shall be conducted
wholly within an enclosed building, except for off-street automobile
parking and off-street loading.
(2) Goods sold shall consist primarily of new merchandise, and all
goods shall be sold at retail on the premises where produced; storage
shall be limited to the current inventory needs of the permitted uses.
(3) Mechanical equipment used for the conduct of business within
the district shall be limited to devices and processes which cannot be
heard beyond the boundary of the District.
(4) Processes and equipment employed and goods processed or sold
shall be limited to those which are not objectionable by reason of odor,
dust, smoke, cinders, gas, vibration, refuse matter, or water carried
waste.
(5) See specific parking.regulations provided for in Chapter 10.11.
(6) All principal uses shall be oriented to pedestrian needs and be
so located and designed as to discourage vehicular interference with
pedestrian safety.
Section 10.6.1 CENTRAL BUSINESS ZONING DISTRICT C2. In the C2 Zoning District
it is intended that structures, premises and facilities would provide a
major shopping, business, and transportation center serving the community
and its trading area. The range of services to be provided would extend
from the sales of "convenience goods" to include "shopping goods" such
as ''soft lines" (apparel);"hard lines" (hardware, furniture, equipment);
banking, professional, business and commercial services; commercial re-
creation facilities; and transportation services and facilities.
34.
Section 10.6.2 C2 ZONING DISTRICT PRINCIPAL, USES PERMITTED OUTRIGHT. The
principal uses permitted outright in the C2 Zoning District are the uses as
specified in the Cl District, and sales, service or business establishments
necessary to supply the retail needs of residents in an area such as de-
scribed in Section 10.6.1 such as, but not limited to., the following uses:
(1) Hardware; drygoods; apparel; interior decorating; appliance
center, photographic studio; ice dispensary; home appliance;
furniture.
(2) Cafe and catering establishment; tavern; theater; gift, music,
radio, T.V. shops; bank, business or professional offices;
insurance or real estate offices; undertaking establishments.
(3) Barber; garage (minor auto repair, but not service stations);
refrigerated locker; shoe repair; boot: store; fruit and
vegetable markets; bakery; supermarket; self-service laundry;
sporting goods; printing establishments.
(4) Bus and railway depots; taxi stands; and similar transportation
facilities, but not including railroad yards, bus garages or
storage yards, and similar operating facilities.
(5) Hotels, motels and similar facilities offering accommodations
on a transient tenancy basis, but not including mobile home
or trailer courts.
(6) Uses permitted outright or as conditional exceptions in R1,
R2, R3, R4 and R5 Districts, provided that they are located
so as to serve as transition uses between business and more
restrictive residential uses.
Section 10.6.3 C2 ZONING DISTRICT - ACCESSORY USES. The accessory uses permitted
outright in C2 Zoning District are as follows:
(1) Uses and structures customarily incidental to a principal use
permitted outright.
(2) Commercial parking lots for private passenger vehicles only.
(3) Loading and unloading areas and facilities.
Section 10.6.4 C2 ZONING DISTRICT - CONDITIONAL EXCEPTIONS. Conditional ex-
ceptions which may be authorized by the Board of Adjustment in C2 Zoning
District are as follows:
(1) Places of public assembly for meetings or amusement, provided
the location is more than 50 feet from any "R" zone, is completely en-
closed and is more than 300 feet from any public school, playground or
park, except that churches may be permitted without conformance to the
distance requirements.
35.
(2) Open structures for parking of private passenger vehicles only,
if located 50 feet or more from any "R" zone, and adequately screened.
(3) Automobile service stations, but not including ground storage
for used vehicles, U -rent trailers or trucks, or similar equipment for
sale or hire.
(4) Small animal hospitals when located not closer than 150 feet
from any residential district and 400 feet or more from any hospital,
nursing home, or institutions for the care of the aged or infirm, providing
the animals are housed indoors.
Section 10.6.5 C2 ZONING DISTRICT - PROHIBITED USES. In the C2 Zoning District
no mobile home, camping trailer or similar conveyance while being used for
living and/or sleeping quarters or human habitation of any kind, shall be
allowed to stand or to be parked on or to occupy any portion of a resi-
dentially used lot in said district. No more than one each of such mobile
home, camping trailer, boat or other similar conveyance may be stored on a
single_ lot used for residential purposes, providing that such conveyances
shall (1) be located on the rear half of the lot; (2) not project- beyond
the front line of the principal building; (3) not be less than 10 feet
from any flanking or side street line; and (4) not be less than 5 feet
from any side or rear lot line.
Section 10.6.6 C2 ZONING DISTRICT - DENSITY PROVISIONS. Density provisions
for the C2 Zoning District are as follows:
(1) Maximum building height: 4 stories, but not to exceed 60 feet
for buildings, structures and appurtenant facilities.
(2) Minimum lot: None.
(3) Minimum front yard depth: None required.
(4) Minimum rear yard: None required.
(5) Minimum side yard, interior lot: None required.
(6) Minimum side yard, corner lot: None required.
(7) Minimum front, rear and side yard, zone transition lot: same
as requirement of adjoining more restrictive district (when a boundary
separates distinct zoning district classifications).
(8) Minimum rear yard: None, except when abutting an "R" district:
20 feet.
Section 10.6.7 C2 ZONING CENTRAL BUSINESS DISTRICT - BASIC REQUIREMENTS.
Basic use permitted in C2 Zoning District shall be subject to these
limitations:
(1) All business, service, repair, processing, or storage shall
be conducted wholly within an enclosed building, except for off-street
36.
parking and for automobile service stations when the latter is permitted
by conditional exception.
(2) All goods produced on the premises shall be sold at retail on
the premises.
(3) Processes and equipment employed and goods processed or sold
shall be limited to those which are not objectionable by reason of odor,
dust, smoke, cinders, gas; noise, vibration, refuse matter., or water -
carried waste.
(4) See specific parking regulations provided for in Chapter 10.11.
(5) All principal uses, except those for servicing automotive
vehicles, shall be oriented to pedestrian needs and be so located and
designed to discourage vehicular interference with pedestrian safety.
Section 10.6.11 GENERAL COMMERCIAL ZONING DISTRICT C3. The General Commercial
Zoning District C3 is intended to provide for those types of retail.,
wholesale, transportation, and service uses of a specialized nature,
which because of traffic requirements depend upon a particular location
to serve the needs of an expanding urban community. The uses permitted
in the C3 District are generally those which are not entirely compatible
with the C2 District because of heavy -type traffic demands, type of
commodities and goods handled, need for large sites, and certain dis-
tracting and interruptive influences.
Section 10.6.12 C3 ZONING DISTRICT - PRINCIPAL USES PERMITTED OUTRIGHT. The
principal uses permitted outright in the C3 Zoning District are as follows:
(1) Those uses permitted outright or as conditional exceptions in the
C2 Zoning District.
(2) Production or treatment of such food products, all or a portion
of which are sold in conjunction with a retail business conducted on the
premises.
(3) Fruit and vegetable markets, retail and wholesale; fish markets.
(4) Automobile sales and services, used car lots, and storage
(ground or otherwise) of vehicles for sale or hire, but not including
wrecking, salvage, processing or storage operations.
(5) Mobile home or trailer courts.
(6) All types of building supply sales and warehousing.
(7) Indoor recreational facilities: bowling alleys, dance halls,
skating rinks, and other commercialized forms of recreation conducted or
carried on within a building.
(8) Outdoor recreational facilities: outdoor theaters, golf driving
ranges and practice courses, other forms of commercialized recreation
carried on entirely outdoors or partly within a building or shelter.
37.
(4) Feed and seed stores, nursery sales yards and greenhouses.
(10) Trade schools.
(11) Stone and monument sales but no industrial operations.
(12) Processing and bottling non-alcoholic beverages, the production
of which is devoid of fumes, noxious odors or waste products:
(13) Similar uses but not including those involving industrial
operations, activities, warehousing or storage.
Section 10.6.13 C3 ZONING DISTRICT - ACCESSORY USES. The accessory uses per-
mitted outright in the C3 Zoning District are as follows:
(1) Uses and structures customarily incidental to a principal uses
permitted outright.
(2) Advertising signs and outdoor advertising structures not
exceeding 300 square feet in area.
(3) Parking lots for passenger vehicles and trucks.
(4) Loading and unloading area facilities.
Section 10.6.14 C3 ZONING DISTRICT - CONDITIONAL EXCEPTIONS. Conditional
exceptions which may be authorized by the Board of Adjustment in the C3
Zoning district are as follows:
(1) Wholesale and storage establishments, provided they are enclosed
in a building.
(2) Truck terminals.
(3) Any use determined,to be of the same general character as the
principal uses permitted outright.
Section 10.6.15 C3 ZONING DISTRICT - PROHIBITED USES. In the C3 Zoning
District no mobile home, camping trailer or similar conveyance while being
used for living and/or sleeping quarters or human habitation of any kind,
shall be allowed to stand or to be parked on or to occupy any portion of
a residentially used lot in said district. No more than one each of such
mobile home, camping trailer, boat or other similar conveyance may be
stored on a single lot used for residential purposes, providing that
such conveyances shall (1) be located on the rear half of the lot; (2)
not project beyond the front line of the principal building; (3) not be
less than 10 feet from any flanking or side street line; and (4) not be
less than 5 feet from any side or rear lot line.
Section 10.6.16 C3 ZONING DISTRICT - DENSITY PROVISIONS. Density provisions
for the C3 Zoning District are as follows:
(1) Maximum building height: 4 stories, but not exceeding 60 feet
for buildings, structures and appurtenant facilities.
38.
(2) Minimum lot: none.
(3) Minimum front yard depth: none required.
(4) Minimum rear yard: none required.
(5) Minimum side yard, interior lot: none required.
(6) Minimum side yard, corner lot: none required.
(7) Minimum front, rear, and side yard, zone transition lot: same
as requirements of adjoining more restrictive district (when a boundary
separates distinct zoning classifications).
19 0
CHAPTER 10.7
INDUSTRIAL DISTRICTS
Section 10.7.01 INTENT. It is the policy of the City Council to permit the esta-
blishment of industrial, manufacturing and processing -type activities and uses
in appropriate districts in accordance with the Comprehensive Plan.
Section 10.7.02 LIGHT INDUSTRIAL ZONING DISTRICT - M1 — PRINCIPAL USES PERMITTED
OUTRIGHT.
(1) Principal uses permitted outright in the C3 District, provided
that residential uses may be permitted only in conformance with Section
10.7.06.
(2) The following typical uses, provided that the Planning Commission
may require evidence that uses established after the effective date of this
Ordinance shall be operated so as to conform with all performance standards
set forth in Chapter 10.8 of this Ordinance.
Assembly and fabrication of metal products
Auto reconditioning, painting, upholstering, motor rebuilding
Automobile or truck wrecking
Assembly of electrical appliances, electronic instruments and devices
Boat building
Body and fender work; farm equipment repair
Brewery, distillery or winery
Cereal mills
Concrete mixing plants
Contractors' or loggers' equipment and trucks storage yard, plant,
repair, rental
Enameling or metal coating (galvanizing, electroplating
Foundry
Fuel oil distributor, retail
Fuels, solid, yard
Glue factory using vegetable or synthetic resin materials in its
operation which will not produce obnoxious nor offensive odors
Grain elevator
Heavy machinery, repair, storage, or salvage
Lumber or shingle mills
Machine shop
Manufacture, compounding, processing, packaging or treatment of such
products as bakery goods, candy, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals; toiletries (excluding the
refining and rendering of fats and oils), food and beverage
products.
Manufacture, compounding, assembling or treatment of articles or mer-
chandise from previously prepared materials, such as bone,
cellophane, canvas, cloth, cork, feather, felt, fiber, fur,
glass, hair, leather, paper, plastics, textiles; tobacco, wood,
yarns, and paint not employing a boiling process.
Manufacture of pottery and figurines or other similar ceramic products,
using only previously pulverized clay
Manufacture and maintenance of electric and neon signs, outdoor
advertising, and other commercial advertising structures.
40.
Manufacture of musical instruments, toys, novelties, and rubber
and metal stamps
Railroad facilities of all types, except repair shops and engine
roundhouses
Spinning or knitting of cotton, wool, flax or other fibrous materials
Stone, marble and granite monuricnt works
Tire retreading or recapping
Welding shop
Any other uses judged by the Planning Commission to be no more detre-
mertal to adjacent properties than, and of the same type and
character as, the above listed uses.
Section 10.7.03 Ml ZONING DISTRICT - ACCESSORY USES. Accessory uses may be per-
mitted in an 141 Zoning District which are customarily incidental and sub-
ordinate to the principal use.
Section 10.7.041.11 ZONING DISTRICT - OUTDOOR STORAGE. Out door storage in an 111
District must be maintained in an orderly .manncr at all times. Outdoor
storage is permitted under the following conditions:
(1) No material may be piled higher than the top of the fence or
screening material; such screening material to be a minimum of 7 foot sight -
obscuring fence or evergreen planting a rai.nimum of 7 feet high at maturity,
T- which shall complctclY enclose said use.
(2) Such storage shall be no closer than 100 feet from any residential
district.
(3) Storage of animal or vcgctable wastes which would attract insects
or rodents or otherwise create a health hazard shall be prohibited.
Section 10.7.05 °11 ZONING DISTRICT - SIGNS PEPLITTED. All types of signs
and outdoor advertising structures are perrnitted in compliance with other
city ordinances.
Section 10.7.06 Ml ZONING DISTRICT - PROHIBITED USES. No building structure, or
premises, or portions thereof, established aft,,r the effective date of this
Ordinance, shall be used for human habitation, except as ouarters for a care-
taker, guard or other persons whose permanent residency on the premises is
required for operational, safety or protective purposes.
In the Ml Zoning District no mobile ho:ie, ea::�ping trailer or similar
conveyance while being used for living and/or sleeping quarters or hunan
habitation of any kind, shall be allowed to stand or to b�. parked on or
to occupy any portion of a residentially used lot in said district. No more
than one each of such mobile, camping trailer, boat or other similar con-
veyance may be stored on a single lot used for residential purposes, pro-
viding that such conveyances shall (1) be located on the roar half of the
lot; (2) not project beyond the front line of the principal building; (3)
not be less than 10 feet from any flanking or side street line; and (4)
not be less than 5 feet from any side or rear lot line. One mobile home
may be ncrmitted, upon approval by the Planning Commission, for use to
house a caretaker on an industrial site.
41.
Section 10.7.07 M1 ZONING DISTRICT - DENSITY PROVISIONS.
(1) Maximum lot coverage: no limitation.
(2) Maximum height limitations for this district: 90 feet.
(3) Minimum front yard: none required.
(4) Minimum rear yard: none required.
(5) Minimum side yard: none required.
(6) Minimum front, rear and side yard, zone transition lot:
same as requirement of adjoining more restrictive district (when a
boundary separates district zoning classifications).
Section 10.7.1 HEAVY INDUSTRIAL ZONING DISTRICT M2 - PRINCIPAL, USES PERMITTED
OUTRIGHT. In an M2 District, any use established after the effective date
of this Ordinance shall be so operated as to conform with all performance
standards set forth in Chapter 10.8 of this Ordinance.
No use located in an M2 District and already established on the
effective date of this Ordinance shall be so altered or modified as to
conflict with, or if already in conflict with, to conflict further with
any performance standard established by this Ordinance.
Section 10.7.2 M2 ZONING DISTRICT - ACCESSORY USES. Accessory uses may be per-
mitted in an M2 Zoning District which are customarily incidental and sub-
ordinate to the principal use.
Section 10.7.3 M2 ZONING DISTRICT - CONDITIONAL EXCEPTIONS. The following uses
may be permitted in an M2 Zoning District only when the location of such
use shall have been approved by the Board of Adjustment after public hearing
and examination of the location:
Acid manufacture
Blast furnace
Cement, lime, gypsum or plaster of paris manufacture
Coal distillation
Coke ovens
Distillation of bones
Dump, rubbish, slag or sawdust
Explosives , manufacture or storage
Fat rendering
Fertilizer manufacture
Garbage, offal, or dead animal reduction or dumping
Gas manufacture, or storage (artificial, natural, industrial
liquified or compressed gases)
Glue manufacture
Incinerator
Junk yards, including processing, storage and sales
Ore reduction
paper or pulp manufacture
42.
Petroleum refining
Salvaging, including processing, storage and sales
Slaughter of animals or meat packing
Smelting of copper, iron, lead, tin or zinc, and other metallic ores
Steel manufacture
Stock yards or feeding pens
Tannery -or the curing of storage of raw hides
Section 10.7.4 M2 ZONING DISTRICT - OUTDOOR STORAGE. Outdoor storage in an M2
Zoning District must be maintained in an orderly manner at all times. For
outdoor storage in this district uses such as junk yards, auto wrecking
and scrap metal storage is permitted under the following conditions:
(1) No wrecked autos or scrap material may be piled higher than the
top of the fence or screening material; such screening material to be a
sight -obscuring fence having a minimum height of 7 feet, or evergreen
planting having a minimum height at maturity of 7 feet, which shall com-
pletely enclose said use.
(2) Such storage shall be not closer than 100 feet from any public
thoroughfare and not closer than 300 feet from any residential district.
(3) Storage of animal or vegetable wastes which would attract insects
or otherwise create a health hazard are prohibited.
Section 10.7.5 122 ZONING DISTRICT - PROHIBITED USES. No building, structure,
or premises, or portions thereof, established after the effective date of
this Ordinance, shall be used for human habitation, except as quarters for
a caretaker, guard or other persons whose permanent residency on the premises
is required for operational, safety or protective purposes.
In the M2 Zoning District no mobile home, camping trailer or similar
conveyance while being used for living and/or sleeping quarters or human
habitation of any kind, shall be allowed to stand or to be parked on or to
occupy any portion of a residentially used lot in said district. No more
than one each of such mobile home, camping trailer, boat or other similar
conveyance may be stored on a single lot used for residential purposes,
providing that such conveyances shall (1) be located on the rear half of
the lot; (2) not project beyond the front line of the principal building;
(3) not be less than 10 feet from any flanking or side street line; and
(4) not be less than 5 feet from any side or rear lot line. One mobile
home may be permitted, upon approval by the Planning Commission, for use
to house a caretaker on an industrial site.
Section 10.7.6 M2 ZONING DISTRICT - DENSITY PROVISIONS. Density provisions for
an M2 Zoning District are as follows:
(1) Maximum lot coverage: no limitation.
(2) Maximum height: no limitation.
(3) Minimum front yard: none required.
43.
(4) Minimum side yard: none required.
(5) Minimum rear yard: none required.
(6) Minimum front, rear, and side yard, zone transition lot:
same as requirement of adjoining more restrictive district (when a
boundary separates district zoning classifications).
Z
CHAPTER 10.8
PERFORMANCE STANDARDS
Section 10.8.01 PERFORMaICE STANDARDS - POLICY. It is the intent of the City
Council to provide for certain classifications of use bta..'.ar s.Ly which the
extent of hazards and nuisances m.y ba.measured. Units of measure and
techniques for such determination are established by this Crdinance in
the interest of the safety, health and general welfare of the community'at
large.
Section 10.8.02 SMOKE AND PAr%TICULATE MATTER.
(1) The emission of smoke or particulate matter of a density equal to
or greater than No. 3 on the Ringlemann Chart as currently published and
used by the U. S. Bureau of Mines is prohibited at all times.
(2) The emission from any source of particulate matter having more than
10% by weight of particles having a particle density of over 44 microns
during any one hour is unlawful.
(3) Dust and other types of air pollution borne by the Y,:ind from su-�'.i
sources as storage areas and roads shall be minimized by appro_r ate land-
scaping, paving, oiling or other acoentable means. Emis^ion o-° r.•art-iculc.t.c
matter in excess of the following weight limitations per cu'.;c, fcot of caz-
veying gas or air measured at any property line is prohibitel:
M1 - Light Manufacturing District?, Crain
M2 - Heavy Manufacturing District .4 Grain
Section10.8.03 TOTAL SMOKE EMISSIO14 RATL S. The rate of of
matter from all sources on any property shall not eY:eed a n^t per
acre of property during any one hour as folloT7s:
Maxim,-im Tc t l ? "Pt T'.a tc
Ml - Light Manufacturing District 3 lbs. per acre
Y'2 ... !-"eW'!y 't:lllfxi,; z i.a Di_,2:-"C;'t Q .L3. �'i
The above rates are the total net emission rates permitted from all sources
on the property after deducting for each source of pollution correction
factors set forth in Tables 1, 2 and 3 below for height, vel.)city, and
temperature of emission respectively. The total net rate of e::: -scion of
particulate matter within the boundaries of any lot shall be e.2ter.-Aned
as follows:
(1) Determine the maximum emission in pounds per hcur frc.:z each
eaurce of air pollution and divide these figures by the acre: o` the pro-
perty, thereby obtaining the gross hourly rate of emission in pcta,,Is per
acre.
n" 5
(2) From the gross hourly rates of emission derived in (1) above,
subtract the appropriate correction factors for height, velocity and
temperature of emission of Tables 1, 2 and 3, which follow to derive the
net rate of emission.
(3) Add together the individual net rates of emission derived in
(2) above, to obtain the total net rate of emission from all sources of
air pollution within the boundaries of the property. Such total shall
not exceed the total net emission rate permitted in each manufacturing
zone.
Section 10.8.04 SMO'' EMISSION CORRECTIONS FOR HEIGHT OF STACK. Table 1 esta-
blishes correction factors for height of stacks in industrial districts:
TABLE 1
ALLOWANCE FOR HEIGHT OF EMISSION
Particulate Matter Correction in Pounds Per Hour Acre
Height in Ft.
M1
_M2
50
0.00
0.00
100
0.10
0.56
150
-0.20
1.00
200
10.30
1.50
250
0.40
2.00
300
0.52
2.60
350
0.66
3.30
400
0.°0
4.00
450
0.92
4.60
500
1
5.20
550
1.Z`
6.00
600
1,42
7.00
Interpolate for Intermediate Values not shown in Table.
Section 10.8.05 SMOKE EMISSION CORRECTIONS FOP. VELOCITY. Table 2 establishes
correction factors for velocity of emission in industrial districts.
TABLE 2
ALLOWANCE FOR VELOCITY OF E-14ISSION
Particulate Matter Correction in pounds Per Hour Acre
Exit Vel. Ft -Sec-
Ml
1.12
0
.0
.0
10
0.3
0.8
20
0.6
1.6
30
0.9
2.4
40
1.2
3.2
50
1.5
4.0
60
1.8
4.8
Interpolate for 70
2.1
5.6
Intermediate Values £30
2.4
6.4
Not Shown in Table
46
Section 10.8.06 SMOKE EMISSION CORRECTIONS FOR TEMPERATURE. Table 3 establishes
correction factors for temperature of emission in industrial districts.
TABLE 3
ALLOWANCE FOR TEMPERATURE OF EMISSION
Particulate Matter Correction in Pounds Per Hour Per Acre
Temp. of Emission in Deg.F
M1
M2
100
0.00
0.00
200
0.03
0.08
300
0.06
0.16
400
0.09
0.24
500
0.12
0.32
600
0.15
0.40
700
0.18
0.48
800
0.21
0.56
900
0.24
0.64
1000
0.27
0.72
1100
0.30
0.80
1200
0.33
0.88
1300
0.36
0.96
1400
0.39
1.04
1500
0.42
1.12
1600
0.45
1.20
1700
0.48
1.28
1300
0.51
1.36
1900
0.54
1.44
2000
0.57
1.52
Interpolate for Intermediate Values Not Shown in Table.
Section 10.8.07 SOOT BLOWING AND FIRE CLEANING PERIODS. The following Ringlemann
Smoke densities for the designated time periods are the maximums permitted
from any source during a 24 hour day for soot blowing and fire cleaning
operations:
M1 District: No. 4 for 4 minutes or No. 3 for 8 minutes
M2 District: No. 4 for 4 minutes or No. 3 for 8 minutes
Section 10.8.08 TOXIC OR NOXIOUS MATTER. Any use established in any district
before or after the effective date of this Ordinance shall be so operated
as to conform with the performance standards governing emission of toxic
or noxious matter set forth hereinafter for the district in which such
use shall be located.
No use shall for any period of time discharge across the boundaries
of such property toxic or noxious matter in such concentrations as to be
detrimental to or endanger the public health, safety, comfort or welfare
or cause injury or damage to property or business.
47
Section 10.8.09 VIBRATIONS. Every use shall be so operated that the ground
vibration inherently and recurrently generated from equipment other than
vehicles is not perceptible without instruments at or beyond any boundary
line of the property on which the use is located.
Section 10.8.10 NOISE. Every use shall be so operated that the noise inherently
or recurrently generated does not exceed the following sound pressure level
in decibels for each octave band measured at or beyond any property line
during the nighttime hours between 10:00 p.m. and 7:00 a.m. for each dis-
trict according to the following schedule:
TABLE 4
SOUND PRESSURE LEVELS IN DECIBELS
Frequency Band,
Cycles Per Sec.
M1
M2
0-75
76
83
75-150
67
64
150-300
59
57
300-600
52
49
600-1200
45
45
1200-2400
37
41
2400-4800
34
37
4£00 plus
31
34
(1) Maximum sound pressure levels during the daytime hours between
7:00 a.m. and 10:00 p.m. may be increased 5 decibels for each frequency
band from the values in the previous table.
(2) Except as may be provided by other ordinances, moving vehicles
are exempt from sound pressure limitation.
Section 10.8.11 ODORS. No emission of odorous gases or other odorous matter
in such quantities as to be offensive at any point on or beyond any
boundary line of the property on which the use is located shall be per-
mitted.
Section 10.8.12 HEAT AND GLARE. Operations producing heat or glare shall be
conducted entirely within an enclosed building except in the M2 District.
Exterior lighting shall be directed away from adjacent properties.
Section 10.8.13 LIQUID AND SOLID WASTES. Storage of animal or vegetable
wastes which would attract insects or rodents or otherwise create a
health hazard shall be prohibited.
48
CHAPTER 10.9
SPECIAL DISTRICTS AND USES
Section 10.9.01 INTENT. It is the intent of this Chapter to provide for addition
of new districts established to meet changing conditions and needs.
49•
CH;�PTER 10.10
GENEn'T .'sl�D SUi'PI,Li��NT:CRY PROVISIONS
Sec tion 10.10.
O1 PURPOSE. Provisions of this Chapter are of general application to
several zoning districts unless otherwise noted. It is the intent of
to
Ordinance to provide standards sufficient to afford continuing p
property and yet be adaptable enough to avoid unnecessary hardship or
inter-
ference with growth and natural change. X'J.ccordingly, supplementary provisions
are also necessary to govern specific deviations from general rules. These
special deviations are to be contras
tndi ntby theg$oard whereast-,ndardshconnot
10.15) which r.quires discretionary
be completely defined.
Section 10.10.02 LOT PROVISIONS.
Section 10.10.03 LOT REDUCTION TO VIOLaTION. No property may be so reduced inlot
aria that it would be in violation°requirementsminimum lot ,ofatherd pzoningodistrict
coverage, off-street parking or any other
or use.
section 10.10.04 hZINII'IUNI LOT EXCEPTION.
Buildings or structures to be erected,
moved or structurally alorezoningdistrictinwhich it
rthoproperty
which
sthan
isthe
locatedmnrovided
lot area or dimensions f
such property has exist,,d by title in its present form and size since the
date of passage of the first zoning ordinance of the City of Kent on K(Ogdinance
No. 784) on September 15, 1947 and Zoning Resolution No. 6494
June 21 1937. In such cases documentary proof of the fact and date
of acquisition shall be submitted by the person claiming benefits from this
clause. This section shall not waive other minimum requirements of this
ordinance.
Section 10.10.05 Y.;,RD PROVISIONS.
FRONT Y:,RDa, GENERAL• Where any front yard is required, no build -
Section 10.10.06 hereafter erected or altered so that any portion thereof shall
ing shall be FR
be nearer the front property line than the distance indicated by the depth of
the required front yard.
Section 10.10.07 FRONT YARDS, PROJECTIONS. Steps, terraces, platforms, porches
and similar projections having no roof covering and being not over 42
inches high, may be built ��� in
befless thannt ,l0ut in no feet fromcthese sface ofcthe
projection cause a fronty
projection to the front proncrty line.
Section 10.10.0$ FRONT Y«RDS, Sri°iI-BUILT-UP :.Rx�a :after of basisctofealltthef
this Ordinance when 40 percent or more, on a front f ,
property on one side of a street between two intersecting streets has been
built up with buildings having a minimum front yard of more or less depth
than that established by this Ordinance, and provided that the majority of
such front yards do not vary more than 6 feet in depth, no building shall
be built within, or shall any portions, save as above excepted, project into
50.
such minimum front yard; _provided further, that no new buildings be required
to set back more than 35 feet (or as otherwise provided) from the property
line in the Residential Zoning Districts, nor more than 2 feet farther than
any building on an adjoining lot and that this regulation shall not be inter-
preted as to reduce a required front yard to less than 10 foot in depth.
Section 10.10.09 SIDE Y:,RD, GENER:*,L. Where any specified side yard is required,
no building shall be hereafter erected or altered so that any portion thereof
shall be nearer to the side lot line than the distance indicated by the width
of the required side yard.
Section 10.10,10 SIDE 1,11IDS, PROJECTIONS..Eaves, cornices, ehimn(ys and similar
projections may extend over the required side yn.rd for a distance of not
more than 2 feet.
Section 10.10.11 SIM Y:,RD, EXCEPTIONS, RESIDENTI.,L DISTRICTS. Lots of record held
under separate and distinct ownership prior to the taking effect of City
Ordinance No. 784 and County Resolution ado. 6494, provided such lot (1)
has a width of less than 40 feet, and (2) was originally acquired in its
present form and size prior to such time, shall have a side yard on each
side of not less than 3 feet.
Lots more than 40 feet wide but of less width than the minimum required
by Ordinance, shall have a side yard consistent with the zoning district,
but in no case less than 5 feet.
Section 10.10.12 RE',R Y,,RDS, PROJECTIONS. Eaves, cornices, steps, platforms, rear
porches and similar projections, whether enclosed or not but not exceeding
in width one-half that of the building nor more than one story in height,
may extend into the rear yard not more than 20% of the distance from the
exterior wall of the structure to the rear property line.
Section 10.10.13 RE.,R Y..RD EXCEPTIONS, RESIDEYTI..L DISTRICTS. On lots of record
held under separate and distinct ownership prior to the taking effect of
Ordinance No. 784, the depth of rear yards may be reduced to not less than
10 feet, provided that such is necessary only to the extent needed to permit
a building depth of 30 feet.
Section 10.10.14 IRREGUL,R-SH ,PED LOTS. On irregular-shaped lots the average
distance from the building line to the lot line shall be no less than the
minimum yard provision, provided however that no part of the structure
shall be located so that one-half the minimum yard provisions occurs at
any point along such averaged alignment.
Section 10.10.15 SITE ..RE:, PROVISIONS.
Section 10.10.16 SITE �,R Jg, EXCEPTION, RESIDENTI.,L ZONINTG DISTRICTS. Where owner-
ship of a lot of record is restricted to a tract containing a lesser arca
than is required by this Ordinance, provided such property was originally
acquired in such form and size prior to the date of City Ordinance No. 784,
September 15, 1947, or King County Resolution No. 6494, June 2, 19372 the
site area provisions may be varied to a lesser and reasonable requirement
by the Board of Adjustment.
51.
Section 10.10.17 ACCESSORY USE PROVISIONS. RESIDENTIAL ZONING DISTRICTS R1, R2,
R3, R4.
Section 10.10.18 ACCESSORY USE LOT COVERAGE. Accessory structures, whether attached
or detached, shall occupy no more than 15% of the lot area and shall not exceed
35% of floor area of the principal use even though such use may be situated
on several floor levels.
Section 10.10.19 FENCES AND HEDGES. Fences not over 42 inches in height may occupy
a front yard. Fences erected back of the required front yard and flanking
street side yard lines shall not exceed 6 feet in height. Hedges within the
front and flanking street yard lines shall have a mature height of not over
42 inches.
Section 10.10.20 DETACHED ACCESSORY BUILDING. An accessory building shall not
exceed one story nor 14 feet in height and shall be located as follows:
(a) A detached accessory building shall (1) be located on the rear
half of the lot; (2) not project beyond the front line of the main building;
(3) not be less than 10 feet from any flanking or side street line; (4)
not be less than 2 feet from any side or rear lot line.
(b) A detached accessory building shall not occupy more than 30
percent of the area of a required rear yard; provided, that any total
required open space area for the lot is not exceeded.
(c) In R1 and R2 Residential Zoning Districts where any portion of
such accessory building is located directly in the rear of a main building,
it shall be not less than 8 feet from such main building.
(d) In the residential zoning districts, upon the joint request in
writing of the owners of adjoinidg properties, on the side and rear pro-
perty lines affected, a permit for the erecting of a private garage within
the rear yard immediately adjacent to the division lines between the pro-
perties may be made, after an examination of the location and the making
of a finding by the Board of Adjustment that the granting of such per-
mission will not be unduly detrimental to the adjacent and surrounding
property.
(e) In the Rl and R2 Residential Zoning Districts, when any portion
of an accessory building is attached to the main building, it shall not be
nearer to the rear lot line than 15 feet; an accessory building when
attached to the mail: building shall not be nearer to the side or front lot
line than the distance indicated for the width of the required front or
side yard.
(f) Where a through -lot has a depth of less than 150 feet, a de-
tached accessory building not exceeding 1 story nor 14 feet in height,
may be located in one of the required front yards,provided that such
building is set back from the front lot line a distance of not less than
10 percent of the depth of the lot. Such accessory building shall not
project beyond the front yard line of an existing main building along the
frontage, except that such building need not be set back more than 25
feet from the street line.
52
Section 10.10.21 CONDITIONAL EXCEPTIONS. Conditional exceptions specifically men-
tioned in the various districts may be authorized by the Board of Adjustment
provided the standards and conditions for granting them as set forth in
the zoning district, general, supplemental or Board of Adjustment provisions
of this Ordinance aye met. Each request for a type of conditional exception
(special permit) shall include such architectural and site plans, with eleva-
tions and/or perspectives, as will enable the Board of Adjustments to analyze
the proposed use to determine whether it conforms to the character of the area
and is in harmony with the other permitted uses in the district. Such find-
ings and determinations shall be presented by or to the Board of Adjustment
at public hearing for their evaluation. Other new uses, not specifically
mentioned in this Ordinance, shall be considered by the Board of Adjustment
in a similar manner when they are not inconsistent with the character of the
area, the policy and the philosophy of this Ordinance.
Section 10.10.22 ACCESSORY EXCEPTIONS. The accessory exceptions which may be
authorized by the Board of Adjustment in any zoning district are those uses
customarily incidental to conditional exceptions.
Section 10.10.23 HOME OCCUPATIONS.
(1) ape of Use. Home occupations are permitted which are customarily
carried on within a dwelling by a member or members of a family. Such
activity shall be secondary to the use of the dwelling for living purposes.
Piot more than 25 percent of the floor space of the main floor, which may
be in the basement, or on the first floor only, of such dwelling may be
used, and under no circumstances more than 300 square feet. A home occupa-
tion shall not include the following: barber shop, beauty parlor, commercial
stable or kennel, real estate office or restaurant.
(2) Certificate of Occupancy. After the effective date of this Ordinance
a Certificate of Occupancy from the City Engineer shall be required of the
properly owner for all home occupations established in buildings and premises
not now containing such use and located in any residential district.
(3) Non-residential Employees. No non-resident employees are permitted
in any R1 or R2 zoning district. One non-resident employee is permitted
in dwelling units having home occupations in the R3 and R4 Zoning Districts.
(4) Accessory Buildings. Home occupations shall not be conducted in
accessory building detached from the main sL-ructure.
(5) Transfer of Merchandise. No merchandise shall be transferred in
such dwellings or on Lhe premises.
(6) Disturbing Influences. No home occupation shall be permitted which
is objectionable due to noise, dust, smoke, odor, glare, traffic attraction
or other disturbing influences greater than that of ether residential pro-
perties in the vicinity.
(7) Exterior Modification. There shall be no exterior modification of
the structure which would suggest use other than residential.
(8) Trade Limitation. In all residential zoning disLricts no services
shall be rendered on the premises which require the presence of persons in
connection with the home occupation in excess of an average of 4 persons
per day.
53
Section 10.10.24 PROFES3ION:►L OFFICES _ND CLINICS. Professional offices and
clinics when permitted under conditional exceptions in zoning districts
more restrictive than the C1 Zoning District shall meet the following
requirements.
(1) LOT AREA. iiinimum lot area shall be 10,000 square fejt.
(2) LOT COVERAGE,. Iaximum lot coverage shall be 35p.
(3) ARCHITECTURE AND LANDSCAPING. Buildings, structures and land-
scaping shall harmonize with buildings in the vicinity. Adjacent resi-
dential properties shall bo buffered by a dense evergreen planting at
least 6 feet in height extending to the minimum yard set -backs from the
street right-of-way.
(4) DISTURBING INFLUENCES PROS-IIBITLD. No professional office or clinic
shall be permitted which is objectionable due to noise, dust, smoke, odor,
glare, traffic attraction, architectural incompatibility, psychological in-
compatibility or other disturbing characteristics greater than those of rusi-
dential uses in the vicinity. This provision applies particularly to small
animal veterinary clinics.
(5) ACCESSORY U3E. When a professional pharmacy qualifies as a
legitimate accessory use under this chapter, the kinds of goods, displayed,
offered and sold, shall be limited to such pharmaceutical and medical
supplies as are used in the medical and dental professijns. The intent of
this restriction shall be that of prohibiting the expansion of service
into merchandising fields of variety iteras, cosmetics and similar merchandise
which bear no substantial relationship to the operation of the prescription
pharmacy for medical purposes as an accessory use to clinics in residential
".istricts. The hours of 11perati-_n shall n•Jt be more than the h:)urs when
the principal use is open for business.
Section 10.10.25 SERVICE 3TATIONS.
(1) Lot Area and Frontage. Minimum lot area shall be 10,000 square
feet with at least 100 feet frontage on a public street.
(2) Yard Provisions. Rinimum set -back of pump island shall be 12 feet
for front, rear and side yards.
(3) Lubrication Within Building. Lubrication shall be done within
an enclosed building.
(4) Buffer of Adjacent Property._ A solid or woven fence, free of
advertising which is 6 feet in height or a dense everE;recn plantirg,shall
be maintained along property lines which flank residential districts.
(5) Lighting. Lighting devices shall be shielded so as not to glare
into "R" type districts.
54.
CHAPTER 10.11
PARKING AND LOADING STANDARDS
Section 10.11.01 PURPOSE. The provisions of off-street parking and loading space
in accordance with the needs and requirements of particular property uses is
a necessary public policy in the interest of traffic safety, minimizing con-
gestion, and to provide harmonious development.
Section 10.11.02 GENERAL REQUIREMENTS FOR OFF-STREET PARKING. New uses in all
zoning districts shall meet the minimum standards of this Chapter,
Section 10.11.03 POLICY, In all districts there shall be provided at the time of
erecting, enlarging, moving, or increasing of capacity by adding dwelling
units, commercial or industrial floor space, or seating fac lities, minimum
off-street parking space, other than in required front yards and with
adequate provision for ingress and egress to the street, in accordance with
the requirements of this Chapter.
The applicant for a building permit for a building and its related use
in the Neighborhood Business (Cl) Zone, Central Business (C2) Zone, General
Commercial (0) Zone, in lieu of providing the off-street parking facilities
required by the regulations contained herein, may elect to make to the City
Treasurer of the City of Kent a payment for placing in its off-street Parking
Cumulative Reserve Fund in an amount equal to the product of the following
formula;
(a) The payment, made by the applicant shall be equal to the product
derived from the multiplication of the square foot area of off-
street parking, as required by the application of the standards
for parking contained in Chapter 10.11, Sections 10.11.01 -
10.11.4, by a factor.
(b) A factor, shall be defined, as used in the formula, to be that
value of one square foot of land and improvements in terms of
money representing the estimated average of all the land proposed
to be established for off-street parking, as indicated on the
adopted plan of off-street parking.
(c) The City Engineer, each year, between April 1 and May 1, shall
examine the real property tax records of the County Assessor and
the real estate transactions as recorded by the County. Auditor
for those properties comparable to those delineated for off-street
parking in the adopted plan, and obtain from these data a money
value per square foot of land, and shall report to the Mayor the
preliminary average land value in terms of money per square foot
of the land; subsequently, the Mayor shall transmit to the City
Council the preliminary estimate of the value of the land made by
the Engineer. The City Council may affirm, modify, or change
the Engineer's preliminary estimate and establish a final estimate,
which shall thereafter be known as the factor to be used in the
55.
formula as a means of determining the amount of the payment, an applicant
makes to the off-street parking Cumulative Reserve Fund, in lieu of pro-
viding for the off -strut parking spaces as established as a condition
for the granting of a permit for the use of lands and/or buildings in the
(Cl), (C2) and (C3) Zones. Provided, that if 50 percent or more of a
given block already has structures upon it for which no provision has
been made for off-street parking, the remaining property owners in such
block shall not be required to provide either off-street parking faci-
lities pursuant to the regulations prescribed herein or.to make a con-
tribution in liou thereof in accordance with the above formula.
Provided further, That the owners of the existing structures in a given
block that is not completely occupied with structures may also avail
themselves of the right to contribute to the City to place in its Off -
Street Parking Cumulative Reserve Fund for the establishment of off-
street parking facilities on the basis of the above formula.
Sect on 10.11.04 SIZE AND ACCESS. Each off-street parking space shall have
a net area of not less than 180 square feet exclusive of access drives or
aisles, and shall be of usable shape and condition.
If the required parking space for a one or two-family dwelling is
not provided in a covered garage, then such space shall be not less than
200 square feet, and shall be so located and/or constructed that it may
later be covered by a garage structure in accordance with the provisions
of this ordinance and the City Building Code.
Section 10.11,05 LOCATION. Off-street facilities shall be located.as hereinafter
specified, Where a distance is specified, such distance shall be the maximum
walking distance measured from the nearest point of the parking facility
to the nearest point of the building that such facility is required to
serve.
(1) For one and two family dwellings: on the same lot with the
building they are required to serve.
(2) For multiple dwellings: 300 feet.
(3) For hospitals, sanitariums, homes for the aged, asylums,
orphanages, rooming houses, club rooms, fraternity and sorority houses:
600 feet.
(4) For uses other than those specified above: 800 feet.
Section 10.11.06 UNITS OF MEASUREMENT.
(1) In stadiums, sports arenas, churches and other places of assembly,
each 20 inches of width of seating facilities shall be counted as one seat
for the purpose of determining requirements for off-street parking faci-
lities.
(2) For purposes of determining off-street parking and loading
space as related to floor space on multi-level structures and buildings,
56
the following formula shall be used to compute gross. floor area for park-
ing determinations:
Main floor Always 100%
Basement and 2nd floor 50%
Additional stories 25%
Section 10.11.07 EXPANSION AND ENLARGEMENT. Whenever any building is enlarged in
height or in ground coverage, off-street parking shall be provided for said
expansion or enlargement in accordance with the requirements of the schedule;
provided, however, that no parking space need be provided in the case of en-
largement or expansion.where the number of parking spaces required for such
expansion or enlargement since the effective date of this Ordinance is less
than 10% of the parking spaces specified in the schedule for the building.
Nothing in this provision shall be construed to require off-street parking
spaces for the portion of such building existing at the time of passage of
this Ordinance.
Section 10.11.08 USES NOT SPECIFIED. In the case of a use not specifically
mentioned in parts below, the requirements for off-street parking facilities
shall be determined by the Planning Commission. Such determination shall be
based upon the requirements for the most comparable use listed.
Section 10.11.09 JOINT USE. The Board of Adjustment may authorize the joint use
of parking facilities for the following uses or activities under conditions
specified:
(1) Up to 507 of the parking facilities required by this Chapter for
a theater, bowling alley, dance hall, bar or restaurant may be supplied
by the off-street parking facilities provided by certain other types of
buildings or uses herein referred to as "daytime" uses, in part (4) below.
(2) Up to 50% of the off-street parking facilities rgquired by this
part for any buildings or uses specified in part (4) below, "daytime" uses,
may be supplied by the parking facilities provided by uses herein referred
to as "nighttime" uses in part (5) below.
(3) Up to 100`/ of the parking facilities required by this section
for a church or for an auditorium incidental to a public or parochial
school may be supplied by the off-street parking facilities provided by
uses herein referred to as "daytime" uses in part (4) below.
(4) For the purpose of this part, the following and similar uses
are considered as primary daytime uses: banks, offices, retail, personal
service shops, household equipment or furniture stores, clothing or shoe -
repair shops, manufacturing or wholesale buildings and similar uses.
(5) For the purpose of this section, the following and similar uses
are considered as primary nighttime or Sunday uses: auditorium incidental
to a public or parochial school, churches, bowling alleys, dance halls,
theaters, bars or restaurants.
57.
Section 10.11.1 CONDITIONS RiC�UIRED FOR JOINT USES.
(1) The building or use for which
application is being made to uti-
by another building or use,
lize the off-street parking facilities provided
300 feet of such parking facilities.
shall be located within
(2) The applicant shall show that
there is no substantial conflict
for which
in the operating hours of the two buildings or uses
principal
joint use of off-street parking is proposed.
Section 10.11.2 FLANS. The plan of the in eforlall whichethe parking
buil
the building
at the time of the application for the building permit
te the proposed acvel
indicaopm4nt,
area is required. Said plan shall clearly
dcsiCn, curb cuts, lighting, landscaping,
includinE, locati;n, size, shape,
requircd.
and other features and appurtenances
10.11.3 TABLE OF tilidliJiUii 3T.',NDARDS. Required parking spaces (where alter -
computations),
Section
native standards prevail, the greater
applies in conflicting
are as follows:
SPACES RLCUIRED
USE
(1) Residential structures
1 for each dwelling unit
(2) Rooming houses, lodging
1 for each sleeping room
homes, similar uses
(3) Auto courts, motel
1 for each sleeping unit
(4) Hospitals, nursing homes
1 for each 4 beds
and institutions
1 for each 4 scats, except 1 for each
(5) Theaters
8 seats in excess of 800 seats
(6) Churches, auditoriums and
1 for each 6 seats and/or 1 for each
feet of floor area for
similar enclosed places
50 square
assembly not containing fixed seats.
of assembly
(7) Stadiums, sport arenas, and
1 for each 8 seats and/ or 1 for each
feet of assembly space
similar open assemblies
100 square
without fixed seats
(8) Libraries, classrooms
1 for each 250 square feet of gross
floor area
1 for each 50 square feet of gross
(9) Dance Halls
floor area
(10) Bowling alleys
(11) Medical and dental clinics
6 for each alley
1 for each 150 square feE;t of gross
floor area
MP
(12) Banks, business and professional 1 for each 200 square feet of gross
offices floor area
(13) Mortuaries, funeral homes 1 for each 75 squarc feet of floor
space used for assembly
(14) truarehouse, storage and whole- 1 for each 2 employees
sale business
(15) Food and beverage places with
sale and comsumptior on premises:
If less than 1000 square feet
floor area
If over 1000 squarc foot
floor arca
1 for each 200 squarc fcct of
gross floor area
20 plus 1 for each 100 square feet
gross floor area in excess of
1000 square feet
(16)
Food and beverage places with
1 for each 50 sq. ft.
of gross floor
comsumption of food and bev-
area or a minimum of
10.
erages principally in cars or
to
go
(17)
3clf service laundries
1 for each 3 washing
machines or a
minimum of 5.
(18)
Drive-in cleaners :md other
1 space for each 300
sq. ft. of
si.:u.lar uses with no customer
self gross floor area, but no less
service on the premises.
than 5.
(19) Furniture, appliance, hardware, 1 for each 600 square feet of
clothing, shoe, pers-,nal gross floor arca
servico stores
(20) Motor vehicle, machinery, 1 for each 1000 square feet of
plumbing, hcating, ventilating, gross floor arca, exclusive of
building supplies stores and displays, or 1 for each 3
services employees
(21) Other retail stores less than
5000 square feet floor area
(22) Retail between 5000 and
20,000 square foct floor arca
1 for each 300 square feet floor
area.
17 plus 1 for each 100 square feet
in excess of 5000.
(23) I,ianufacturing uses, research, 1 for each 2 employees on the maxi -
testing and processing, assembly,mum working shift, and not less
and all industries than 1 for each 800 square feet
of gross floor area
(24) Transportation terminal
(25) Uses not specified
By Planning Commission determin-
ation based upon the needs
See Section 10.11.08
59
Section 10.11.4 PROVISIONS FOR DEVELOPMENT. Every tract or parcel of land or lot
hereafter used as a public or private parking area, having a capacity of 5
or more vehicles, shall be developed and maintained in accordance with sub-
sequent sections of this Chapter.
Section 10.11.5 PROCEDURE. Applications, together with plans and specifications,
shall be submitted to the Planning Commission and the City Engineer in the
order named. Approval of both shall be required before site preparation or
development work is commenced.
Section 10.11.6 ENCLOSURE. A rail fence, evergreen hedge, wall or other continuous
barricade of harmonious material and design at least 18 inches, and no Moro
than 24 inches,.in'height, shall be provided along property lines which ad-
join streets in business zoning districts. Off-street parking areas which
adjoin or face across a street or property line toward residentially zoned
and/or used property, or institutionally used premises, shall be more ef-
fectively screened on such sides by a continuous view -reducing fence, wall
or compact.evergreen hedge. Such fence, wall or hedge shall comply with
the yard requirements of the more restrictive zoning district upon which
same abuts,'adjoins or faces.
Section 10.11.7 OTHER REQUIEMENTS, FINAL APPROVAL AND PERFORMANCE BONDS. In
addition to the basic standards and requirements established by this Chapter,
the Planning Commission, Board of Adjustment and/or City Engineer may make
such other requirements or restrictions as shall be deemed necessary in the
interests of the safety, health and general welfare of the City, including,
but not limited to, lightigg, joint developmenz: of parking facilities, en-
trances and exits, accessory uses, and conditional exceptinns. Further,
performance bonds may be required in such cases where the Planning Commission]
Board of Adjustment or City Council determines that such shall be necessary
to guarantee proper completion of improvements within time periods specified.
Section lO.11i8 OPERATION. In or adjoining a residential zoning district, no
charges shall be made for use of parking facilities except on a weekly or
monthly basis, and no commercial or repair work or service of any kind shall
be conducted on the parking lot, Further, parking on such lots shall be
limited to passenger vehicles, panel, light and pick-up trucks. No loading,
sales or storage of vehicles shall be permitted on such lots:
Section 10.11.9 OFF-STREET LOADING SPACE. The off-street loading provisions of
this Chapter shall apply in all zoning districts.
Buildings or structures to be erected or 'substantially altered and
which require the receipt, delivery or distribution of materials and mer-
chandise by trucks shall provide and maintain off-street loading berths
according to prescribed standards.
Section 10.11.10 TABLE OF STANDARDS. Business or commercial buildings (retail,
wholesale, storage), goods display, markets, mortuaries, laundries, de-
partment stores, warehouses, industrial or manufacturing establishments,
freight terminals, railroad yards and similar uses, which have, or intend
to have, an aggregate gross floor area of 5000 square feet or more, shall
ME
provide truck loading and unloading berths in accordance with the following
table of standards:
Number of berths
Adjusted Gross Floor Area (See Sec.10.11.06)
1
5,000
sq.
ft.
up to 20,000
sq. ft
2
20,000
sq.
ft.
up to 50,000
sq. ft.
50,000
sq.
ft.
up to 100,000
sq. ft.
1 additional for each
50,000
sq.
ft.
in excess of
100,000 sq. ft.
Section 10.11.11 TABLE OF STANDARDS. Each office building, hotel, restaurant,
assembly structure, hospital and any similar structure, which was or is
intended to have an aggregate gross floor area of 20,000 square feet or
more shall provide off-street truck loading or unloading berths in ac-
cordance with this table.
Number of Berths Adjusted Gross Floor Area (See Sec. 10.11.06)
1 20,000 sq. ft. up to 50,000 sq. ft.
2 50,000 sq. ft. up to 100,000 sq. ft.
1 additional for each 50,000 sq. ft. in excess of 100,000 sq. ft.
Section 10.11.12 DESIGN STANDARDS. Berths shall be provided in such a manner as
not to obstruct freedom of traffic movement and driver vision on streets
or alleys, and be adequate for standing, loading and unloading services
in order to avoid undue congestion and interference with public use of
streets and alleys, and to provide safety.
Section 10.11.13 USE OF YARDS. Space for such berth may occupy all, or any part
of any required yard space when uncovered.
,,-,ction 10.11.14 RELATIONSHIP TO RESIDENTIAL LOTS. No berth shall be located
closer than 50 feet to any other lot in any residential district unless
wholly within a completely enclosed building or unless screened from such
lot in the residential district by a wall or uniformly painted fence not
less than 6 feet in height.
61
CHAPTER 10.12
ADMINISTRATION
Section 10.12.01 INTENT. In interpreting and applying the provisions of this
Ordinance, they shall be held to be the minimum requirements for the pro-
motion of the public health, safety, and general welfare; therefore,where
this Ordinance imposes greater restriction than is imposed or required by
other laws, ordinances, rules or regulations, the provisions of this Ord-
inance shall control.
Section 10.12.02 EXCEPTIONS. Recognizing that there are certain uses of pro-
perty that may,or may not, be detrimental to the public health, safety
and general welfare, depending upon the facts of each particular case,
the Planning Commission shall have limited power to issue special permits,
after public hearing, for such new or unusual uses which are of similar
character and not specifically mentioned elsewhere in the Ordinance as a
permitted use.
Section 10.12.03 INTERPRETATIONS. The Planning Commission may permit by inter-
pretation in a zoning district any use not described in this Ordinance,
not a prohibited use, or not expressly allowed in a less restrictive dis-
trict. A record shall be kept of such interpretations to facilitate
equitable future administration and to permit periodic amendments to this
Ordinance.
Section 10.12.04 OFFICIAL ZONING MAP. It shall be the duty of the Planning
Commission to interpret the provisions of this Ordinance in such a way as
to carry out the intent and purpose of the official zoning plan as shown
by the zoning map accompanying and made a part of this Ordinance.
Section 10.12.05 COMPREHENSIVE PLAN. It shall be the duty of the Planning Com-
mission, Board of Adjustment and City Council to interpret and/or administer
the provisions of this Ordinance in such a way as to carry out the intent
and purpose of the long-range comprehensive plan prepared by the Planning
Commission in compliance with RCW 35.63 and adopted by the City Council.
Section 10.12.06 PUBLIC HEARING. Whenever a public hearing is required by this
Ordinance, no less than three (3) notices thereof shall be posted by the
City Engineer in conspicuous places on or adjacent to the tract, lot or
other land or building area affected. Writ,:en notices shall be mailed to
adjacent land owners, or their agents, or others likely to be affected.
Such notices shall state the time and place of such hearing and the nature
of the question to be heard and shall be posted not less than fourteen (14)
days prior to the date of hearing. Notices shall be sent to the names
appearing on the tax rolls of all property within a distance of two hundred
(200) feet, streets and alleys excluded, of all property which is the sub-
ject of the public gearing. Notices may also be sent/to other property
owners who might be affected. In addition to other required data accompany-
ing a request involving public hearing a check in the amount of $ i" nn
non-refundable and payable to the City, shall be filed to cover costs in-
curred in connection with the posting and mailing of notices.
62.
Section 10.12.07 CONFLICT. In the event of conflict of provisions in this
Ordinance the most restrictive requirements shall prevail.
Section 10.12.08 SIX MONTH VALIDITY. Whenever any permit or exception is issued
pursuant to provisions of this Ordinance, such permit or exception shall
remain effective only for six (6) months, unless the use allowed is begun
within that time. If not in use or if related construction is not under-
taken within,six (6) months, the authorized use shall become invalid and
the principal uses permitted outright in the district shall prevail; pro-
vided that two extension periods of six (6) months may be granted upon
proof of need and timely application therefor is made to the City. Engineer.
Section 10.12.09 RECORDING. To insure the perpetuation of any and all conditions
and limitations agreed upon as conditions of the special permit or exception
authorized, the owner and/or owners of the property affected shall ex3cute
a declaration of restrictions and covenants to be duly recorded covering
said property. The City Attorney shall approve all such forms. Said re-
quirements may not be relaxed without a rehearing. The covenant is waived
and terminated at such time as the use is abandoned as to any duties not
yet due to be performed under the covenant at the time of abandonment of
use. Also any permits or rights granted on the basis of a variance or
conditional exception are terminated when the use is abandoned.
Section 10.12.10 ADMINISTRATIVE PROCEDURES FOR USE OF PERFORMANCE STANDARDS.
In instances where the City Planning Commission finds it necessary to
require evidence that industrial uses established after the effective
date of this Ordinance arc operating, or will be operated, so as to
conform with performznce standards established in Chapter 10.8, the
following procedures shall be used:
(1) City Planning Commission Initiates Determination. The City En-
gineer on request of the Planning Commission, shall arrange for such
scientific tests as may be necessary to properly determine conformance
to standards on the part of industries established and operating
after the effective date of this Ordinance. If the City Engineer deter-
mines that such tests show the industrial operation as not conforming to
performance standards of this Ordinance, he shall notify the City Plann-
ing Commission of the findings. The Planning Commission, after a re-
view of all facts and findings, shall make recommendations to the City
Council as to the appropriate action to be taken. In instances where
tests performed by or under the direction of the City Engineer show
non-conformance, the industrial concern whose operation is tested
shall compensate the city for the costs of such tests.
(2) Industries Request Determination. In instances in which an
industrial concern requests determination of the conformance of its
operation to the performance standards of this Ordinance prior to the
establishment of a new industry, or the expansion of an existing in-
dustry, the City Engineer, upon request of the Planning Commission,
will make such scientific and technical tests as may be necessary to
properly determine conformance. If such tests show the industrial
operation as conforming to the performance standards of this Ordinance
G3 .
the City Engineer shall so advise the Planning Commission. The Com-
mission in this case shall record the findings and the City Engineer
shall make appropriate records in the issuance of building permits
or other documents.
Certification of conformance, as indicated by the records mentioned
above, shall be authorization for establishment of such industrial uses,
and shall not be subject to revocation by the City Council,, except upon
evidence of change to a non -conforming use, or except where such in-
dustrial operations do not conform with other applicable city ordinances
or state laws.
(3) Complaints of Violations. Complaints of violations of the pro-
visions of Walter 1018 shall be submitted in writing and signod by the
c-mplainAnt,, addressed to the City Planning Commission. Upon receipt of
the complaint, the Planning Commission shall request the City Engineer
to mnko a yrcliminary investigation. If the City Engineer finds and re-
ports no apparent violations of the performance standards of this Ordinance,
the Planning Commission shall so notify the complainant in writing. If
the complainant thereafter dosiros to pursue the complaint, he shall in-
form the Planning Commission in wri AC and shall deposit with the City a
certifies: cheek or money order coverin; the costs of obtaining necessary
scientific and technical tests. In cases whore such t,sts determine no
violation, such deposit shall be forfeited to the City Treasury. If Sucn
test show a violation to exist the deposit shall be returner: to the
complainant and the violating industry shall compensate the city for such
costs. Upon detcrmination of a violation, the City Planning Commission
shall forward to the City Council recommendations for appropriate action.
CHAPTER 10.13
NONCONFORMING USES
Section 10.13.01 POLICY. It is declared to be the policy of the City Council to
provide regulatory mechanics for non -conforming uses as found and determined
to be reasonable and equitable. This policy is pursued in order that non-
conforming uses in existence at the time of adoption of the Ordinance, or
amendments thereto, shall be brought to conformity or amortized and removed
within such periods of time as are compatible with justice to the owners
of properties affected -and with the interests of the safety, health and
general welfare of the City.
Section 10.13.02 ESTABLISHED NON -CONFORMING USE.. To benefit from the protection
given to a non -conforming use, such use must have been legitimately and
lawfully established prior to the adoption of this Ordinance and amendments
thereto or a County resolution in effect at the time of annexation which
rendered it non -conforming.
Section 10.13.03 SCHEDULE OF CONTINUANCE: NON -CONFORMING "OPEN" LAND USES. The
two alternatives provided to meet compliance with non -conforming "open" land
uses are:
(1) the use of land (not having buildings thereon) which does not
conform to the use provisions of this Ordinance, and which becomes non-
conforming by reason of subsequent amendments or annexation shall be dis-
continued within two (2) years from the effective date of this Ordinance,
amendments thereto, or the effective date of the zoning restrictions ap-
plied to annexed areas, or
(2) all uses of land for outdoor work or storage purposes, which after
the adoption cf this Ordinance, or amendments thereto, exist as non -conforming
uses in any district, shall, within two (2) years after the same become a
non -conforming use, be completely enclosed within a view -obscuring fence
approved by the Board of Adjustment. Such fence shall be of a sufficient
height so that the fence and supplemental landscaping will at all seasons
of the year completely screen all operations of such establishments from
view from adjacent land and buildings. +
Section 10.13.04 ENLARGEMENT AND EXTENSION. No non -conforming use of land shall
be changed to another non -conforming use. The lawful use of land existing
at the time of, the adoption of this Ordinance may be continued under the
provisions of Section 10.13.03, paragraph (2), although such use does not
conform to this Ordinance for the district in which such land is located;
provided, further, that no such non -conforming use shall be enlarged or
increased, nor shall any non -conforming use be extended to occupy a greater
area of land or building than that occupied by such use at the time of the
adoption of this Ordinance, unless by said moving it brings the use closer
to conformance with this Ordinance.
Section 10.13.05 ABANDONMENT RELINQUISHES RIGHTS.
(1) A non -conforming use if changed to a conforming use may not.'----
65
thereafter be changed back to a non -conforming use.
(2) A non -conforming use, when discontinued or abandoned shall not
be resumed. Discontinuance or abandonment shall be defined as follows:
(a) When improved land used as a non -conforming use shall
cease to be used for that particular use for six (6) consecutive calendar
months.
(b) When a building designed or arranged for a non -conforming
use shall cease to be used for that particular use as a lawful non-
conforming use continuously for a period of twelve (12) consecutive
calendar months.
(c) When a building designed or arranged for a conforming use,
but used for non -conforming activities shall cease to be used for such
particular use for a period of nine (9) consecutive calendar months.
(3) The land from which any non -conforming structure has been removed
shall be subsequently used in conformity with the appropriate district
regulations.
Section 10.13.06 CONVERSION OR REMOVAL. Conversion or removal of a non -conforming
structure or use shall be commenced not later than sixty (60) days after
the date of abandonment: and shall be completed within one (1) year there-
after; except that in no case shall a non -conforming use or struc::ure be
required to commence conversion or removal for a period of less than two
(2) years from the date of the first notice of non-conformance as issued by
the City Engineer. In case of failure to complete said removal or con-
version as required, the City Engineer within ninety (90) days after the
date described herein for completed conversion or removal of said use,
shall cause the use and/or structure to be removed and the cost shall be
charged against the property.
Section 10.13.07 ENLARGEMENT OF NON -CONFORMING USE.
(1) The enlargement of a non -conforming use to any portion of an
existing building, which portion was designed and built for such non-
conforming use prior to the passage of this Ordinance may be permitted,
provided no structural alterations are made.
(2) A building designed and built for, or devoted to, a non -conforming
use at the time of the passage of this Ordinance, may not be enlarged or
structurally altered unless the use of such building is changed to a con-
forming use, or when such enlargement is permitted by variance in case of
evident hardship.
(3) Moving of a non -conforming use to contiguous lots is prohibited.
Section 10.13.08 UP -GRADING OF NON -CONFORMING USES. A lawful non -conforming
use of a building may not be changed to another non -conforming use unless
changed to a more restrictive use.
M
Section 10.13.09 WEAR AND TEAL: IMPROVEMENTS: ALTERATION OF UNSAFE STRUCTURES. Normal
repairs and alterations may be made to alawful non -conforming building, provided
that no structural alterations shall be made, except those required by law or
ordinance. No existing non -conforming structure designed, arranged, intended
for, or devoted to, a use not permitted under this Ordinance for the'disttict
in which such structure is located shall be enlarged, extended, reconstructed,
structurally altered, or moved unless such use is changed to a use permitted
under the regulations specified by this Ordinance for the district in which said
building is located; provided that work may be done in any period of twelve (12)
mon,.hs on ordinary repairs or on repairs or replacements of non-bearing walls,
fixtures, wiring, or plumbing to an extent not exceeding 15 percent of the full
value of the structure as determined from the assessed value thereof (according
to the assessment thereof by the County Assessor for the year in which such work
is done); provided that the cubical content of the building as it existed at the
time of passage of this Ordinance be not increased; and provided, further, that
nothing in this Ordinance shall be deemed to prevent the strengthening or restor-
ing to a safe condition of any building or part thereof declared to be unsafe by
the City Engineer and ordered to be strengthened or restored to a safe condition,
unless such building has been destroyed by an extent exceeding 75 percent of full
value, as determined by consideration of the assessed value referred to above.
Section 10.13.10 RESTOraViION OF DAMAGED STRUCTURES. When a building or other struc-
ture containing a non -conforming use is damaged by fire or by any ocher cause so
that the cost of renewal of the damaged parts exceeds 75 percent of the cost of
the replacement of the entire building (exclusive of foundations) using new mat-
erials, then such building shall not be rebuilt unless the building and its con-
struction and uses conform fully to this Ordinance and other codes of the City
as applied to new buildings and structures and to uses for the district in which
it is located. Any rebuilding otherwise authorized by this code or any other
applicable code shall commence within six (6) months from the date of damage
or destruction, if such non -conforming use is to be continued. the determina-
tion of whether a building is destroyed to the extent described above shall
rest wish the Board of Adjustment.
Section 10.13.11 UNLAWFUL USES NOT AUTHORIZED: SPECIAL EXCEPTION. Nothing in this
Ordinance shall be interpreted as authorization for, or approval of, the contin-
uance of, nor the allowing of a special permit, exception or variance for the use
of a stric,:ure or premises in violation of the zoning regulations in effect at
the time of the effective dace of this Ordinance. Any use existing at the time df
adoption of this Ordinance which is within the scope of uses permitted by condi-
tional exception or accessory exception in the use district in which the property
is situated shall be deemed a conforming use without necessity of any action by
the Board of Adjustment.
Section 10.13.12 DISTRICT CHANGES. Whenever the boundaries of a district shall be
changed from one district to another district of different classification, the
foregoing provisions shall also apply to any non -conforming uses existing
therein, or thereby created.
Section 10.13.13 NOTICE OF NODI-CONFOF:MANCE. The (building inspector, city engineer,
or zoning administrator) shall determine by survey the existence of non-conform-
ing
onconform-
ing uses which may be affected by the requirements of Sec. 10.13.06 and shall
give written notice by mail to the owners thereof as shown in the County Assessor's
records. Such notice shall state the purpose, provisions and the expiration
date as set forth herein, and shall be given after the effective date of this
Ordinance or any amendment thereto which may cuase a building to become non-
conforming. Failure to give novice shall not invalidate the regulations nor
alter the expiration date.
67
CHAPTER 10.14
ENFORCEMENT AND CERTIFICATE OF OCCUPANCY
Section 10.14.01 PERMITS. It shall be the duty of the City Engineer (or official
in charge of issuing building permits and inspection of buildings) to see
that this Ordinance is enforced through the proper legal channels. He
shall issue no permit for the construction or alteration of any building or
part thereof unless the plans, specifications and intended use of such build-
ing conform in all respects with the provisions of this Ordinance.
Section 10.14.02 PLATS EQUIRED. All applications for building permits shall be
accompanied by a plat in duplicate drawn to scale, showing the actual di-
mensions of the lot to be built upon, the size, the use and location of
existing buildings and buildings to be erected, and such other information
as may be necessary to provide for the enforcement: of this Ordinance.
Section 10.14.03 CERTIFICATE REQUIRED. No vacant land shall be occupied or used
and no building hereafter erected shall be occupied or used until a Certifi-
cate of Occupancy is issued by the City Engineer stating that the provisions
of this Ordinance have been complied with, and a violation of the terms of
this Ordinance shall be grounds for the revocation of the Certificate of
Occupancy.
Section 10.14.04 CHANGE IN USE. No change in use of land or building shall be
permitted until a Certificate of Occupancy is issued by the City Engineer
stating that the provisions of this Ordinance have been complied with.
Section 10.14.05 TEMPORARY CERTIFICATE. The City Engineer may issue a Temporary
Certificate of Occupancy for all or part of any building or land for a
period of time not to exceed 14 days.
Section 10.14.06 APPLICATION. The application for a Certificate of Occupancy
shall contain a statement of the intended use of the premises and such
plans and specifications and other pertinent: information as may be required
by the City Engineer in order to determine whether the building, structure
or use is in compliance with this Ordinance.
Section 10.14.07 LICENSES. Business and occupational licenses, if required, shall
not be issued unless the applicant has a valid Certificate of Occupancy.
DO
CHAPTER 10.15
ADJU37' NTS. V:.RI:.iv'C�S 1;T�D �;PYE.;LS
Section 10.15.01 POLICY AND INTENT. It is the policy of the City Council to pro-
vide relief in cases of hardship, and a process of appeal to govern situations
in which parties affected by these zoning regulations allege improper ad-
ministrativc actions.
Section 10.15.02 BOARD OF ;0JUSii.:�NT CRE -,TLD. To carry out the intent and policy
of the City Council, a Board of :adjustment is hereby created.
Section 10.15.03 BOARD JY=4BERS. The Board of Adjustment shall consist of five
voting members, all of whom shall serve without compensation. The members
of the Board of Adjustment shall be appointed by the Mayor with consent of
the Council. In case any vacancy should occur in the membership of the
Board for any cause, the Mayor shall fill such vacancy by making an appoint-
ment with the consent of the Council. Any member of the Board of Adjustment
may be removed by the Mayor, subject to the approval of the Council. The
initial membership shall consist of appointments for staggered terms of
ono, two, three, four and five years; each appointment thereafter shall be
for five years, except that appointments to replace any terminated member-
ship shall be for the duration of the unexpired term.
Section10.15.04 COMPOSITION OF '11IE BO_.RD OF ADJUS ILLIT: lv�UORUH. The Board of
ndjustmont shall consist of citizens having; an understanding of the benefits
of planning and zoning to the municipality. It shall include a councilman,
a planning commissioner, an attorney, one layman, and one city administrator
(but not the City Attorney, City Engineer, City Planner nor any of their
assistants, who each shall serve as ex -officio non-voting members). The
presence of three voting members including the Chairman shall constitute a
quorum.
Section 10.15.05 BOARD OF j,DJU3T1L 1T DUTIES :,ND PoliERS. The jurisdictional duties
and powers of the Board of Adjustment are as follows:
(1) Hearing and deciding apylications for conditional exceptions and
accessory exceptions expressly provided for in certain districts.
(2) Hearing and deciding appeals from the decisions of the City
Engineer regarding interpretations of the provisions of the Zoning Ordinance.
(3) Hearing and deciding requests for variances of the Zoning Ordinance.
Section 10.15.06 :,UTHORITY. The Board of adjustment is authorized to receive,
consider, grant or deny appropriate applications for exceptions as provided
for in this Zoning Ordinance, after a public hearing and after making
written findings of fact that the conditions of the Ordinance upon which
these special uses are permitted have been fulfilled and after the City
Engineer has found that the provisions of all the ordinances, with which
compliance is required, have been fulfilled. In considering applications
for such use, the Board of Adjustment shall give due regard for the nature
and condition of all adjacent uses and structures and any reports thereon,
M
and in authorizing a conditional use, may impose such requirements and
conditions with respect to location, construction, M�,intenance �dbepcleemedn
in addition to these expressly set forth in this Ordinance as may
necessary for the protection of adjacent properties and the public interest.-
Section 10.15.07 OTh%R EXCEPTIONS. ��ongtheneceptions that may be authorized
by the Board of Adjustment are the following:
(1) addition to Building. Provided plans have been filed with the
arc in con-
x�.City Enginerior to the et ffthe1precedingdate fordithisn Oce,nan addition to the
ance and
formnce with requiremen
justment dooms such
building may be allowed where tain p n present reque Bard of irements, essential toutthelon,
though in conflict with cer
applicant's completion of a planned unit.
(2) Excav_wtion Pits. Stono quarry, sand, gravel or clay pits and soil-
stripping: The use of premises in gravel) clrythe or otheranistrict ltural deng�
extraction, or removal of stone, sand, d
posits may be authorized by temror ryfiand
s ondition l permits it by the
Boar
of ..djustncnt, after public h g� provisions:
con-ns:
sistcnt with the Public interest and subject to the followingg � topographic
plans for such excavations shall consist of two
oto2adequately show the tope-
Map, with such cross-sections as ars necessary
Craphy of the property in question and its relation to streets, alleys and
surproperty,toher with two (2) conies of a similar nap showing
therextent�of the prgetposed cxcovation and the cDntours of the hound after
the removal of the material.Kcopy of each map shall be sub' ittcd to the
City Engineer who shall repottexc�`t ons upJnstmunt street his
lndings alleys,re-
garding the effect of the intendedro crtics within the area
either existing or contemplated, and e Bo all p p�
of influence of such excavations. The Board may require that the excavator
enter into ar appropriate aCrccnent with the City a
t the ouset for re-
clamation of such areas to suitable use after completion of exc^vations
and that adequate porformance bond or other guorantce be furnished cover-
ing the cost of restoration or other work.
Secy n 10.15.08 JURISDICTION - REvEW OF DECISIONS OF
THLITYENINE
R.
The Board of Adjustment may review Yiprovisions of
r: and
ire
the Zoning Ordinance made by the CittEhroto, in the applicationrofuthement,
decision, or determination relatin
specific previsions of the Zoning Ordinance to any parcel of land and/or
structure. The Board of 0justment may affirm, alter or revers, the inter-
pretation of the rrovisionegofrc�cnto�eciOrdinance
:':etcrmi-natienCity
relr..ting
EnC;ineer, amu any order, r _ ,
thereto; and the Board's decisionts allend lbesh`sldhuponall thetrecord an of
- the
findings in each case., and to
the City EnCineex..
70.
Section 10.15.09 JURISDICTION - V.,RI..NCIS. Where there are unnecessary hard-
ships and practical difficulties that result from peculiarities of a
specific property which render it lifficult to carry out the provisions
of the Zoning; Ordinance, the Board of Adjustment shall have the power to
Cra.ht a variance which may vary the literal enforcement ::f any rules, ragu-
lations, or provisions of the Zoning Ordinance relating to the density
provisions governing the zoning district in which the property is located,
provided that the spirit of the Ordinance will be a7bscrved, the public
intorest protoctcd, public snfety secured, and substantial justice done.
To this end, a variance in the density provisions and requirements of this
Ordinance shall only be authorized if the Board of Adjustment finds that
all the following facts and conditions exist in each case of a request for
a special cxception by an application for n variance.
(1) That there arc exceptional or extraordinary circwzltan
cus or
conditions applying to the subject property that do not apply gencrall y
to other properties in the sgme vicinity or zone, and that the plight
of the owner is unique ani' not the result of his own action.
(2) That the land or structure in question cannot be reasonably
used and cannot yield a reasonable return under strict interpretation
of the density provisions for the district in which it is located, and
that such variance is necessary for the prescrvntion ane: enjoyment of
a substantial property richt of the appellant possessed by the owners
of other property* in the same vicinity or district.
(3) That the authorization of such variance will not be matcrially
detrimontal to the public welfare, nor injurious to nearby property.
(4) That the granting of such variance will not adversely affect
the comprehensive plan or studios thcrcof.
Section 10.15.10 NON-CONFORHING USE AB:MI.IENT EXTENSION. Upon evidence of
hardship the Board of Adjustment 'shall have the_p:;wor ti extend the time
limits for non -conforming use abatement for one period nit to exceed
six (6) months.
Section 10.15.11 V:►RI..NCE COIIDITIONS. In authorizing a variance the Board of
adjustment may attach thereto such conditi ns regarding the location,
character and other features of the proposed structures or uses as it may
deem necessary to carry out the spirit and purpose of this Ordinance in
the public interest; provided, however, that a variance so nuthorized shall
become void after the expiration of six (6) months if no substantial con-
struction has taken pincc in accordance with the plans for which -such
variance was authorized and provided further, that a vnrianco from the
use provisions of this Ordinance shall not be inconsistent with the intent
and purpose of the section on non -conforming uses.
Section 10.15.12 PROCEDURE. The Board of Adjustment shall adopt rules and re-
gulations for its own governAPAN, not inconsistent with the provisions of
7z.
this and of any other ordinance of the City
(1) The Board shall hold nob,lcss than one regular mooting each month
of the year, provided, if no issues over which the Boyd has jurisdiction
are pending a meeting may be concelled. All official meetings of the Board
shall be open to the public. The Board shall keep minutes of its proceed-
ings, showing the action of the Board upon each question, and shall keep
records of its examinations and other official actions taken by it, all
of which shall be imaedintely filed with the City Clerk and shall be public
record.
(2) kopellant Any person or persons aggrieved, or any officer, official
or any departmont, board or commission cf the City, jointly or severally,
may be the appellant, and may make a request for special exception to the
Board for relief from any provisions of the Zoning Ordinance or any detcr-
minaticn of the City Engineer in the application of the provisions of the
Zoning Ordinance to the appellants land and/or structure. The appellant
shall appear at the public hearing at the time and place fixed by the
Board, in person, by a_ent, or by an attorney.
(3) Initiation of action by Board. The Board may initiate a re-
view of the City Engineer's interpretation of the provisions of the Zoning
Ordinance by a notion, by virtue of -ti vote by -a majority of the quorum,
or a majority of the members present if such number exceeds a quorum; it
shall also reviewany interpretation of the provisions of the Zoning Ordi-
nance macic by the City .Engineer and any order, requirement, decision, or
determination rclatinE thereto, upon receipt of an applieatiDn or potition
requesting a review of the interpretation; and it shall hear and decide
all applications for exception and variances as authorized.
(4) Filing_A7olieations. :.n application to the Board, in cases in
which it has original jurisdiction under the provisi,ns of this Ordinance,
may be ma e by any property owner or tenant or by any government officers,
department, boars'.. or bureau affected. Such application, or appropriate
form, together with all the plans, specificati,ns and other papers per-
taining to the application, shall be filed with the Board of Adjustment.
Application for c_nditional exception (special permit) filed by others
than governmental officials shall be accompanied by a fee of $50.00.
(5) Filing Appeal Appeals to the Board for a variance, or from
any ruling of the City Engineer, or any ether administrative officer as -
ministering any portion of the Ordinance, may be made by any property
owner or by any governmental officer, department, board or bureau affected.
:appeals may be made within ten (10) days, as provided by the rules of the
Board, by filing; with the City Engineer and with the Board, a notice of
appeal, specifyingthe grounds thereof. The City Engineer shall forth-
with transmit to the Board his interpretation or ruling, as the case may be,
together with all the plans and papers relating to the case. .any action
referred to the Board shall not necessitate an additional fee.
Section 10.15.13 BOARD MEETINGS. When an application or appeal has been filed
in proper form, with the required data, and payment of any rcquircl fee,
72.
the City Clerk shall immediately place said application or appeal upon
the calendar for hearing and cause notices stating the time, place and
object of the hearing to be served. Said notices shall be served per-
sonally or by mail at least ten (10) days prior to the date of such
hearing, upon the applicant or appellant, the City Engineer, and the
names appearing on the tax rolls of the property within two hundred
(200) feet of the premises in question in the case of all applications
for exceptions. On hearings other than exceptions only service to
names appearing on the tax rolls for abutting properties is required.
Failure to send notices by mail to any property owners, where the ad-
dress of such owners is not recorded on the tax rolls, shall not in-
validate any proceedings of the Board.
Section 10.15.14 DECISIONS OF THE BOARD. The Board of Adjustment shall decide
all applications and appeals at the final hearing thereon which shall
be held not later than sixty (60) days after the first hearing thereon.
A certified copy of the final decision shall be transmitted to the City
Engineer not later than five (5) days after such decision, which decision
shall be binding and observed by him, and he shall incorporate the terms
and conditions of same in the permit to the applicant or appellant when-
ever a permit is authorizes] by the Board.
Section 10.15.15 RESOLUTION REQUIRED. All actions of the Board of Adjustment
shall be by resolution which shall state the reasons for each decision.
The concurring vote of three members of the Board shall be necessary to
reverse any order, requirement, decision or determination of the City
Engineer, or to decide in favor of the applicant on any matter upon
which it is required to pass under this Ordinance, or to effect any
variance in the requirements of this Ordinance.
Section 10.15.16 APPEALS TO CITY COUNCIL. Any interested citizen or adminis-
trative officer of the City may appeal to the City Council from a ruling
of the Planning Commission or the Board of adjustment where such ruling
allegedly is adverse to his interests. Written notice of appeal from
such rulings shall be filed within ten (10) days from such ruling.
Thereupon the Planning Commission or Board of Adjustment shall forth-
with transmit to the City Council all papers constituting the record
upon which the ruling was made. The City Council at a regularly
scheduled meeting shall hear the appeal after receiving such further
evidence as seems relevant. The Council may overrule or alter the de-
cision of the Planning•..Commission or the Board of Adjustment by a
majority vote of the full Council.
O'C� l0 7 1
73 .
CH.& TER 10.16
Section 10.16.01 MAP CH -NGLs. iiZe City Council may, up2n proper applicati-�n, upon
recommendation of the Planning Coraru.ssion, or upon its own moti:;n, and after
public hearing and referral to and report from the Planning Commission, change
by ordinance the district boundary lines of zine classifications as shown on
the Zoning Map provided such change is duly c,,nsidered in relationship to a
comprehensive plan as required by the Laws of Washington.
Section 10.16.02 TEXT CH.NGES. The City Council may, upon recorarnondation of the
Planning Commission, or upon its olm motion, after public hearing and referral
to and report from the Planning CorrAssion, amend, delete, supplement, or
change by orc?inanec the roeulations herein established provided such revision
conforms to the state statute.
Section 10.16,03 APPLIC.LTION PROCEDURE. ,n application for a change of zone
classification or district boundary lines subiiitteu by the property owner,
or his authorized ronresentative, shall be onterec; on a form provided for
this purpose and filed with the City Clcrk at least ten (10) days befDre a
rcgula.rly scheduled mooting of the Planning CorT.dssi_n. Said petition shall
be a.ccompanie..'. by a check made payable to the City in the stun of Q50.00,
which shall be non-refundable and usc( t) cover costs incurred in connecti-n
with posting of the premises, mailing ::f n-,ticcs and con:Ai6tinE the hoar-
ing as provide:' in this Ordinance.
Section 10.16.04 ;X,-EXED LR&LS. Private land annexed to the city after the
effective date of this Ordinance shall not be classified into use districts
and no zoning shall be in effect for such annexed lands until the Planning
Commission shall have complctcd a study and ma(e a report to the City Council,
with recommendations as to the use districts to be c;stablished by appropriate
amendment to this Ordinance. If within 90 days after the effective date of
annexation, the Planning Corviiissi)n has not submitted its report to the City
Council, the latter shall act in acc^rdance with the procedures specified in
this Chapter to Qstablish zoning for the annexed lands by designation of use
districts.
The City Planning Corx�ussion upon request of the City Council, prior
to the effective da.t� of annex -,ti --n of any land may undertake appropriate
studies and submit a report to the City Council recommending; chances in the
Zoning Ordinance to include the, area proposed for annexatic:,n.
Section 10.16.05 PLANS :.S B_,SIS FOR IILTIUaT. A plan, upon being acceptable as
part of a petitioner's application for change cf z_ne district ^�r boundary)
shall. be cr)nsidercd as part of any special permit granted f.)r the use re-
prosented, and building permits may only b<; issued in .accordance: there-
with t; the applicant or his successor; provide': a covenant shall be
pren<,,rcd, acceptc;d and rocordod to govern condti�)ns of the aforementioned
permit.
74.
CHAPTER 10.17
WiLIDITY
Section 10.17.01 Should any chapter, section or provision of this Ordinance be
declared by the courts to be invalid, the same shall not affect the validity
of the Ordinance as a whole or any part thereof, other than the part so
declared to be invalid.
75.
CHAPTER 10.18
VIOL LIONS ZM rEN:.LTIES
Section 10.1$.01. :,ny person, partnership, association, firm or corporation who
wilfully violates, disobeys, omits, neglects, or refuses to comply with or
resists the enforcement of this Ordinance or its provisions shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not in excess of three hundred dollars (�300.00) or by imprisonment
in the City Jail for not to exceed ninety (90) days or by both such fine r.nd
imprisonment. Each day that a violation exists shall constitute a separate
offense.
76.
CHITMR 10. 19
RLP" - L
Section 10.19.01 Ordinance No. 784 and the map accompanying the same, entitled
.LN ORDIN.+NCE to regulate and restrict the location and use of buildings and
the use of land within the City of Kent, frdashingtcn, to limit the hei€ht of
buildings; to prescribe building lines and the size of yards and other open
spaces, and for these purposes to divi..e the city into districts.
.adopted 15 day of September, 1947.
:.pproved 16 day of September, 1947
Published 23 day of September, 1947
;2,ND
Ordinance No. 858, entitled :*,N ORDIN..NCE of the City of Kent amending
Section 5. of Ordinance No. 784, to regulate and restrict the location and
use of buildings and the use of land within the City of Kent, Washington, to
limit the height of buildings, to prescribe building lines and the size of
yards an"' other open spaces, and for these purposes to divide the City into
districts.
:,dopted 6 day of :,pril, 1953
;,pprovod 7 d^y of .'%pril, 1953
Published 9 day of :►pril, 1953
ARE IffREBY repealed.
9-J- /0 "-,y
CHAFTER 10.20
WHEN EFFECTIVE
77.
Section 10.20.01 This Ordinance shall take effect and be in force five days from
and after its passage, approval and publication as by law provided.
Signature
isle Thornton, Mayer
Sigature _
Chas. Bridgos, City
Cle
Approved as to rm.
Signature:
Arthur Lane, City Attorney
Passed this 1_ clay of September, 960.
Approved this 20 day of Sc�tembcr.,-1960.
Publishod this 28 _ day of Septembers 1960.