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HomeMy WebLinkAbout2832Ordinance No. 2832 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) Sec. 15.04.140 Repealed by Ord. 3409 Secs. 15.02.532 (formerly 15.02.531) & 15.02.533 (formerly 15.02.532) Amended by Ord. 3551 Sec. 15.02.528 amended by Ord. 3600 ORDINANCE NO. C� 83Ck AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, amending Kent City Code 15.02 and 15.04.140 to define "transitional housing" and add transitional housing as a principally permitted use in the GC, General Commercial Zone. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: `9 -801 Section 1. A new Section 15.02.528 is added to the Kent 8 City Code and Section 15.02.528 through 15.02.540 are renumbered as follows: 15.02.528 TRANSITIONAL HOUSING. A facility operated publicly or Privately to Provide housing for individuals and/or f� 3a�1 families who are otherwise homeless and have no other immediate O1j,O(living options available to them Transitional housing shall not 5 �0�,Jq exceed an 18 -month period per individual or family. 15.02.52((8))9. i))9. TREE. Tree shall mean any living woody ,33` plant characterized by one main stem or trunk and many branches, O and havinga diameter of six x (6) inches or more measured at three (3) feet above ground level. 15.02.5((29))30. UNIOUE AND FRAGILE AREA. An area of special environmental significance for wildlife habitat, threatened plan communities, and/or natural scenic quality. The geographic boundaries of these areas are officially delineated on the "Hazard Area Development Limitations" map, referred to above in Exhibit A. 15.02.5((30))31. USE. An activity for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. I 15.02.53((1))2. USE, CHANGE OF. A change of use shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: 1) hours of opera- tion, 2) materials processed or sold, 3) required parking, 4) traffic generation, 5) impact on public utilities, 6) clientele, and 7) general appearance and location. 15.02.53 ((3))4. USE, TEMPORARY. Any activity and/or structure permitted under the provisions of Section 15.08.205 of the Kent Zoning Code which is intended to exist or operate for a limited period of time and which does not comply with zoning code development standards and requirements as specified for the zoning district in which it is located. 15.02.53((4))5. USED. The word "used" in the definition of "Adult Motion Picture Theatre" herein, describes a continuing course of conduct exhibiting "specific sexual activities" and "specified anatomical areas" in a manner which appeals to a prurient interest. (0.2687, §2) 15.02.53((5))6. VARIANCE. A modification of regulations of this code when authorized by the Board of Adjustment after finding that the literal application of the provisions of the code would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. 15.02.5((39))40. VEGETATION, SHADING. This is vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vege- tation are specified in KCC 15.08.200, "Landscaping." 15.02.54((0))1. VEGETATIVE AID. Bark mulch, gravel and other nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover. Section 2. Kent City Code Section 15.04.140 is amended as follows: 15.04.140. GENERAL COMMERCIAL OR GC. Purpose: The purpose and intent of the General Commercial district is: 1. To recognize the existence of commercial areas developed in strips along certain major thoroughfares. 2. To provide use incentives and development standards which will encourage the redevelopment and upgrading of such areas. 3. To provide for a range of trade, service, entertainment and recreation land uses which occur adjacent to major traffic arterials and residential uses. - 2 - 4. To provide areas for development which are automobile oriented and designed for convenience, safety and the reduction of the visual blight of uncontrolled advertising signs, traffic control devices and utility equipment. A. Principally Permitted Uses. 1. Trade a. Wholesale Bakery b. Retail - general merchandise Department stores Dry goods and general merchandise Electrical supplies Farm equipment Hardware Heating and plumbing equipment Lumberyards Mail order houses Merchandise vending machine operators Paint, glass and wallpaper Variety stores C. Retail - food Bakeries (with accessory manufacturing) Candy, nut, and confectionery (with accessory manufacturing) Dairy products Fruits and vegetables Groceries Meat, fish, and poultry d. Retail - automotive. marine craft. aircraft and accessories Aircraft and accessories Marine craft and accessories Motor vehicles (new and/or used cars and recreation vehicles) Tires, batteries, and accessories - 3 - e. Retail - apparel and accessories New and/or used apparel and accessories f. Retail - furniture, home furnishings and equipment New and/or used and finished and/or unfinished furniture, home furnishings and equipment g. Retail - eating and drinking establishments Drinking establishments (taverns and cocktail lounges) Eating establishments (restaurants) without drive-in or drive-through facilities. h. Retail - other Antiques Bicycles Books Bottled gas Cameras and photographic supplies Cigars and cigarettes Computers and software Drug and proprietary items Florists Fuel and ice dealers Fuel oil Gifts, novelties, and souvenirs Hay, grains, and feeds Jewelry Liquor Newspapers and magazines Optical goods Pets and pet supplies Secondhand merchandise Sporting goods Stationery Video cassette sales and rentals - 4 - 15.02.53((1))2. USE, CHANGE OF. A change of use shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: 1) hours of opera- tion, 2) materials processed or sold, 3) required parking, 4) ,traffic generation, 5) impact on public utilities, 6) clientele, 'and 7) general appearance and location. 15.02.53((3))4. USE, TEMPORARY. Any activity and/or structure permitted under the provisions of Section 15.08.205 of the Kent Zoning Code which is intended to exist or operate for a limited period of time and which does not comply with zoning code development standards and requirements as specified for the zoning district in which it is located. 15.02.53((4)15. USED. The word "used" in the definition of "Adult Motion Picture Theatre" herein, describes a continuing course of conduct exhibiting "specific sexual activities" and "specified anatomical areas" in a manner which appeals to a prurient interest. (0.2687, §2) 15.02.53((5))6. VARIANCE. A modification of regulations of this code when authorized by the Board of Adjustment after finding that the literal application of the provisions of the code would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. 15.02.5((39))40. VEGETATION, SHADING. This is vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vege- tation are specified in KCC 15.08.200, "Landscaping." 15.02.54((0))1. VEGETATIVE AID. Bark mulch, gravel and other nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover. Section 2. Kent City Code Section 15.04.140 is amended as follows: 15.04.140. GENERAL COMMERCIAL OR GC. Purpose: The purpose and intent of the General Commercial district is: 1. To recognize the existence of commercial areas developed in strips along certain major thoroughfares. 2. To provide use incentives and development standards which will encourage the redevelopment and upgrading of such areas. 3. To provide for a range of trade, service, entertainment and recreation land uses which occur adjacent to major traffic arterials and residential uses. - 5 - 4. To provide areas for development which are automobile oriented and designed for convenience, safety and the reduction of the visual blight of uncontrolled advertising signs, traffic control devices and utility equipment. A. Principally Permitted Uses. 1. Trade a. Wholesale Bakery b. Retail - general merchandise Department stores Dry goods and general merchandise Electrical supplies Farm equipment Hardware Heating and plumbing equipment Lumberyards Mail order houses Merchandise vending machine operators Paint, glass and wallpaper Variety stores c. Retail - food Bakeries (with accessory manufacturing) Candy, nut, and confectionery (with accessory manufacturing) Dairy products Fruits and vegetables Groceries Meat, fish, and poultry d. Retail - automotive, marine craft aircraft and accessories Aircraft and accessories Marine craft and accessories Motor vehicles (new and/or used cars and recreation vehicles) AJI Tires, batteries, and accessories 6 e. Retail - apparel and accessories New and/or used apparel and accessories f. Retail - furniture, home furnishings and equipment New and/or used and finished and/or unfinished furniture, home furnishings and equipment g. Retail - eating and drinking establishments Drinking establishments (taverns and cocktail lounges) Eating establishments (restaurants) without drive-in or drive-through facilities. h. Retail - other Antiques Bicycles Books Bottled gas Cameras and photographic supplies Cigars and cigarettes Computers and software Drug and proprietary items Florists Fuel and ice dealers Fuel oil Gifts, novelties, and souvenirs Hay, grains, and feeds Jewelry Liquor Newspapers and magazines Optical goods Pets and pet supplies Secondhand merchandise Sporting goods Stationery Video cassette sales and rentals C' 7 2. Services a. Finance. insurance and real estate services Banking and related services Commodity brokers, dealers and related services Housing and investment services Insurance brokers, agents and related services Insurance carriers Real estate agents, brokers and related services Real estate operators, lessors and management services Real estate subdividing and developing services Security brokers, dealers and related services Title abstracting and insurance services b. Personal services Beauty and barber services Diaper services Funeral and crematory services Laundering and dry cleaning (self-service) Laundering, dry cleaning, and dyeing services Linen supply and industrial laundry services Photographic services Pressing, alteration, and garment repair Rug cleaning and repair services Shoe repair, shoe shining, and hat cleaning services C. Business services Advertising services Automobile and truck rental Blueprinting and photocopying services Business and management consulting services Consumer and mercantile credit reporting services; adjustment and collection services Detective and protective services Disinfecting and exterminating services Employment services Equipment rental and leasing services Food lockers (without food preparation facilities) Motion picture distribution and services News syndicate services Other dwelling and business services Outdoor advertising services Photofinishing services Research, development, and testing services Stenographic services and other duplicating and mailing services Trading stamp services Window cleaning services d. Repair services Armature rewinding services Automobile repair services Automobile wash services Electrical repair services Fleet vehicle maintenance Radio and television repair services Reupholstery and furniture repair services Small engine repair Truck repair Watch, clock and jewelry repair services e. Professional services Accounting, auditing, and bookkeeping services Educational and scientific research services Engineering and architectural services Hospital services Legal services Medical and dental laboratory services Medical and dental services Medical clinic - out-patient services Sanitarium, convalescent, and rest home services Urban planning services f. Contract construction services Building construction - general contractor services Carpentering and wood flooring Concrete services Electrical services Masonry, stonework, tile setting, and plastering services Painting, paperhanging and decorating services Plumbing, heating, and air conditioning services Roofing and sheet metal services Water well drilling services g. Educational services Art and music schools Barber and beauty schools Business and stenographic schools Correspondence schools Dancing schools Driving schools - auto Driving schools - truck Vocational or trade schools h. Miscellaneous services Animal grooming parlors Business associations and organizations Civic, social, and fraternal associations Labor unions and similar labor organizations Veterinary clinics and animal hospital services when located no closer than one hundred fifty (150) feet to any residential use, providing the animals are housed indoors (no outside runs) and the building is soundproofed. Sound- proofing must be designed by competent acoustical engineers. Welfare and charitable services 3. Residential a. Lodgings Hotels Motels b. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Acces- sory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences. =ti= c. Transitional housing facilities limited to a maximum of 20 residents at any one time and 4 resident staff. 4. Cultural. entertainment and recreational a. Cultural activities and nature exhibitions Art galleries Historic and monument sites b. Public assembly Amphitheaters Arenas and field houses Auditoriums Drive-in movies Exhibition halls Legitimate theaters (live) Motion picture theaters Stadiums c. Amusements and recreation Amusement parks Athletic clubs Bowling Fairgrounds Go-cart tracks Golf driving ranges Miniature golf Skating (roller or ice) Tennis Video arcades 5. Other uses a. Other retail trade, service, or entertain- ment/recreational uses that are of the same general character as those listed; which are deemed compatible with other permitted uses in this district and which operate in accordance with the stated purpose of this district. b. Municipal uses and buildings, except for such uses and buildings subject to Section 15.04.200. (0.2695 §6) B. Special Permit Uses. The following uses are permitted provided that they conform to the development standards listed in Section 15.08.020. 1. Gasoline service stations. 2. Eating establishments (restaurants) with drive-in or drive-through facilities. 3. Nursery schools and day care centers. 4. Churches. C. Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use such as incidental storage facilities. D. Conditional Uses. 1. Printing and publishing establishments, and acces- sory uses and buildings, customarily appurtenant to such use. 2. Mini -warehouses and self-service storage 3. General Conditional Uses as listed in Section ,15.08.030, except for transitional housing with a maximum of 20 residents and 4 staff. 4. Kennels E. Development Standards. 1. Minimum lot. 10,000 square feet. 2. Maximum site coverage. Forty (40) percent. 3. Front yard. There shall be a front yard of at least twenty (20) feet in depth. - 12 - 4. Side yard. None, except when a side yard abuts a residential district, and then a twenty (20) foot rear yards shall be required. 5. Rear yard. None, except when a rear yard abuts a residential district, and then a twenty (20) foot rear yard shall be required. 6. Height limitations. Two (2) stories or thirty-five (35) feet. However, the Planning Director shall be authorized to grant one additional story in height, if during Development Plan Review, it is found that this additional story would not detract from the continuity of the area. More than one additional story may be granted by the Planning Commission. 7. The landscaping requirements of Chapter 15.07 shall apply. 8. Outdoor storage. Outdoor storage areas shall be fenced for security and public safety by a sight -obscuring fence unless determined through the Development Plan Review that a sight -obscuring fence is not necessary. apply. F. Signs. The sign regulations of Chapter 15.06 shall G. Off -Street Parking. 1. The off-street parking requirements of Chapter 15.05 shall apply. 2. Off-street parking may be located in required yards except in areas required to be landscaped. H. Development Plan Review. Development plan approval is required, as provided in Section 15.09.010. - 13 - Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR BRENDA JACOBER,,Dj UTY CITY CLERK APPROVED AS TO FORM: T DRISCOLL, CITY PASSED the day of , 1989. APPROVED the day ofa�tc , 1989 PUBLISHED the day of , 1989. c/ 2 I hereby certify that this is a true copy of Ordinance oJ No. c�— , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. 07060-250 (SEAL) BRENDA JACO E , DEPUTY CITY CLERK - 14 -