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HomeMy WebLinkAbout3439Ordinance No. 3439 (Amending or Repealing Ordinances) CFN=0131 - Zoning Codes Passed — 2/2/1999 Amending Title 15 (Zoning Code) (amends Secs. 15.03.020;15.04.010 thru 15.04.210;15.05 040;15.06.050;15.07.060; 15.08.020;15.08.100;15.08.400) Amends Ords.3409;2810;3050;3142;3162;3409;3409;2524;2801;2905;3122;3409 REPEALS: Sec. 15.04 of Ord. 3409; Sec. 15.04.110 of Ord. 3435 Amended By: Ord. 3440 (Sec. 15.04.020); Amended by Ord. 3470 (Secs. 15.04.020, 15.04.030,15.04.040,15.04.060,15.04.070,15.04.090,15.04.110,15.04.130, 15.04.170,15.04.180;15.07.060); Amended by Ord. 3508;3521 (Sec. 15.04.170); Amended by Ord. 3523 (Secs. 15.04.170;15.04.180); Amended by Ord. 3543 (Secs. 15.03.010;15.04.190); Amended by Ord. 3551 (Secs. 15.04.170;15.04.180); Amended by Ord. 3600 (Chs. 15.02;15.04;15.08;15.09); Amended by Ord. 3612 (Secs. 15.02.487;15.03.010; Chs. 15.04;15.06;15.07;15.08); Amended by Ord. 3615 (Secs. 15.04.020;15.04.030); Amended by Ord. 3624 (Repealed by Ord. 3633) (Sec. 15.08.400(I)); Amended by Ord. 3639 (Sec. 15.08.400(I)); Amended by Ord. 3643 (Sec. 15.08.400); Amended by Ord. 3647&3648 (Secs. 15.04.090; 15.04.100); Amended by Ord. 3663 (Secs. 15.04.170;15.04.180); Amended by Ord. 3665 (Sec. 15.08.100(C));Amended by Ord. 3681 (Sec. 15.08.100(I)); Amended by Ord. 3690 (Sec. 15.04.180); Amended by Ord. 3699 (Sec. 15.04.090); Amended by Ord. 3742 (Secs. 15.04.170;15.04.180;15.04.190;15.04.195); Amended by Ord. 3746 (Sec. 15.08.400); Amended by Ord. 3750 {Secs. 15.04.010(H);15.08.400(C)(11)};Amended by Ord. 3752 {Sec. 15.08.400(F)}; Amended by Ord. 3753&3759 (Secs. 15.04.020;15.04.030); Amended by Ord. 3761 (Secs. 15.04.030;15.04.180); Amended by Ord. 3770 (Secs. 15.03.020;15.04.020;15.04.040;15.04.060;15.04.070;15.04.090;15.04.110; 15.04.130;15.04.170;15.07.060;15.08.400; Amended by Ord. 3792 (Secs. 15.04.170;15.04.180); Amended by Ord. 3805 (Sec. 15.08.400); Amended by Ord. 3830 (Secs. 15.04.020;15.04.030;15.04.170;15.04.180); Amended by Ord. 3907 (Secs. 15.04.040;15.04.050);Amended by Ord. 3976 (Secs. 15.04.060; 15.04.065;15.04.070;15.04.080); Amended by Ord. 3977 (Secs. 15.04.090; 15.04.100); Amended by Ord. 3988 (Sec. 15.04.190;15.04.195); Amended by Ord. 4003 (Secs. 15.04.170;15.04.190;15.08.020;15.08.100); Amended by Ord. 4011 (Secs. 15.04.020;15.04.030;15.04.040;15.04.060;15.04.070;15.04.080; 15.04.090;15.04.110;15.04.120;15.04.130;15.04.190;15.04.195;15.05.040; 15.06.050;15.07.060); Amended by Ord. 4043 (Sec. 15.05.040); The date ("Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other deletions or changes have been made to the document — 6/21/2012 ORDINANCE NO. 3 43 q AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15, specifically Section 15.03.020(E)(1), Chapter 15.04, Section 15.05.040, Section 15.06.050, Section 15.08.020, Section 15.08.100(B), and Chapter 15.08. WHEREAS, in 1996, the Kent City Council authorized review of the Kent City Code to determine whether reformatting would make the zoning code easier to use and identify and correct conflicts, if any, and to bring the zoning code into conformity with changes in state law; and WHEREAS, the City of Kent Planning Department met with developers, architects, Chamber of Commerce representatives, as well as City departments to identify areas the zoning code that needed improvement; and WHEREAS, the recommendations proposed were reviewed in workshops by the Land Use & Planning Board beginning in January; and WHEREAS, the Land Use & Planning Board conducted a public hearing on May 1998, and recommended approval of the proposed changes to the zoning code; and WHEREAS, on June 2, 1998, the proposed zoning code amendments were by the City Council Committee of the Whole; and WHEREAS, the proposed zoning code amendments were reviewed by the City Council and were adopted in Ordinance No. 3409 with an effective date of July 13, 1998; and WHEREAS, subsequent to the passage of Ordinance No. 3409, inadvertent errors were discovered in the final ordinance; and WHEREAS, the City Council Planning and Public Works Committee has reviewed the inadvertent errors within Ordinance No. 3409 and recommended approval of additional I amendments to the zoning code to conform to the original intention of the Land Use & IPlanning Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES IHEREBY ORDAIN AS FOLLOWS: SECTION I. Subsection 15.03.020(E)(1) of the Kent City Code is hereby amended las follows: Sec. 15.03.020. Official zoning map. IA. Adoption. The designation, location and boundaries of the various districts are shown on the official zoning map. The official zoning map is hereby adopted and made a part of this title. B. Location; identification. The official zoning map shall be on file in the planning department office. The map shall be identified by the signature of the city clerk and city attorney and bear the title, "City of Kent Official Zoning Map, Ordinance 1827." Display zoning map In addition to the official zoning map there may be a display zoning map, which may be used to generally indicate the various districts, but not to locate precise boundaries. OA D. Amendments. If changes are made in the district boundaries or other matters portrayed by the official zoning map, such changes shall be entered on the official zoning map after the amendment has been approved by the city council. The signature of the city clerk and the city attorney shall be entered on the official zoning map with the ordinance number of the amendment. Each amendment shall be filed as part of the official zoning record. E. Unclassified property All property not otherwise classified on the official zoning map shall be treated as follows: 1. Interim zoning. All property not otherwise classified on the official zoning map is hereby placed in an interim zone. Such an interim zone shall be governed by provisions applicable to the R! 20 SR -2 single-family residential district. 2. Upon annexation of property, or upon the city otherwise being made aware of property in the interim zoning designation, the planning director shall commence all necessary steps to zone such property. Interim zoning of property shall be for six (6) months unless otherwise provided by ordinance. SECTION 2. Chapter 15.04 of the Kent City Code is repealed in its entirety land a new Chapter 15.04 is adopted as follows: CHAPTER 15.04. DISTRICT REGULATIONS Sec. 15.04.010. Interpretation of Land Use Tables. A. Land Use Tables. The land use tables in sections 15.04.020 through 15.04.140 determine whether a specific use is allowed in a zoning district. The zoning districts are located in the vertical columns and the land uses are located on the horizontal rows of these tables. A purpose statement for each zoning district is included in Chapter 15.03. B. Principally Permitted Uses. If the letter "P" appears in the box at the intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Chapter 15.09, the development conditions 3 following the land use table, and any requirements of an overlay zone and the general requirements of the code. Special Uses. If the letter "S" appears in the box at the intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Chapter 15.09, the development conditions following the land use table, the development standards stated in Sec. 15.08.020, any requirements of an overlay zone and the general requirements of the code. 3. Conditional Uses. If the letter "C" appears in the box at the intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Chapter 15.09, the development conditions following the land use table, the review criteria stated in Sec. 15.09.030, any requirements of an overlay zone and the general requirements of the code. Accessory Uses. If the letter "A" appears in the box at the intersection of the column and the row, the use is permitted in that zoning district subject to the review procedures specified in Chapter 15.09, the development conditions following the land use table and any requirements of an overlay zone and the general requirements of the code. Development Conditions. If a number appears next to the land use or in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of the code, and the specific conditions indicated in the development condition with the corresponding number in subsection immediately following each land use table. Multiple Development Conditions. If more than one letter -number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table. 2 H. Overlay Zones. Overlay districts provide policies and regulations in addition to those in the underlying zoning district. Overlay zones include the Mixed Use Overlay and the Green River Corridor Special Interest District. I. Applicable Requirements. All applicable requirements shall govern a use whether or not they are cross-referenced in a section. J. Interpretation of Other Uses. Any other unnamed use shall be permitted if it is determined by the planning director to be of the same general character as the principally permitted uses and in accordance with the stated purpose of the district, per Section 15.09.065. 5 Sec. 15.04.020. Residential Land Uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses .92 C = Conditional Uses E A =Accessory Uses •E •E EiE cm N •N i0 c i0 c G c0 c N c ;� m a E E 'c W ca J m G P. C -9 E75 m 0 E T2 N E AW = AM 7 f0 0 0 0 N U E°> E EEE m m E m m E o C7 'E E '2E c Ucv E Vv o Uv� o U T� E UUQQ CC LI LL 6lLL'- m 0 o -E M EE UvE v2v c cx Eg 3 o o3 c v>Eax:Z O 0CacL) CL 0 0 N(D �c5 J (7�aa3mi Q Q Cn W W W co N a' LLc' M vo Z 0 0 0 0 0 � U U 0 One single-family dwelling per lot P P P P P P P P P P P P P I I I A(1) A(i)IA(I)IA(1)1 One duplex per lot P One modular home per lot P P P P P P P P P P P Duplexes P P P Multifamily dwellingsP P P P P(4) P P P P 1 105). C (2) C(5) (3) (2) Multifamily dwellings for senior citizens P(2) P I P I I P(3) I P(2) Mobile homes and manufactured homes I P Mobile home parks P P P P P (13) (13) (13) (13) Group homes class I -A P P P P P P P P P P P P P P P P c C C C P Group homes class I -B P P P P P P P P C C C C P Group homes class I -C C C P P P P P P C C C C P Group homes class II -A C C C C C C C C C C C C C Group homes class II -B C C C C C C C C C c C c C Group homes class II -C C C C C C C c C C c C C C Group homes class III c C C C C C C C C Rebuildlaccessary uses for existing P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) P(6) dwellings Transitional housing pQ) I'M Guest cottages and houses A(8) A(8) A(8) A(8) Rooming and boarding of not more than A A A A A A A A A three persons Farm worker accommodations A A(g) A A(9) (17) (17) Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a permitted (18) use Accessory dwelling units A A A A A A A A A A A A A (10) (10) (10) (10) (10) (10) (10) (10) (10) 00) (1o) (1o) (10) +AA Accessory living quarters A (14) A (14) A (14) A (14)(14) A A (14) A (14) A (14) A (14) A (14) A (14) A (14) A (14) Home occupations A A A A A A A A A A A (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) Service buildings A Storage buildings and storage of A A A A A A A A A A A A recreational vehicles (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) Drive -In churches; welfare facilities: C C C C C C C C C C C C C C C C C C C C C C c C C C C Drive -In churches, retirement homes, (12) convalescent homes and other welfare facilities whether privately or publicly operated, facilities for rehabilitation or correction, etc Sec. 15.04.030. Residential Land Use Development Conditions. 1. Dwelling units, limited to not more than one (1) per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential use shall be permitted only in the mixed-use overlay when included within a mixed use development. 3. Multifamily residential use shall be permitted only in the mixed-use overlay. 4. Multifamily residential uses, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences. 7. Transitional housing facilities, limited.to a maximum of twenty (20) residents at any one (1) time and four (4) resident staff. 8. Guesthouses not rented or otherwise conducted as a business. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed subject to the provisions of Section 15.08.350. 11. Customary incidental home occupations subject to the provisions of section 15.08.040. 12. Except for transitional housing with a maximum of twenty (20) residents and four (4) staff. 13. Subject to the combining district requirements of the Mobile Home Park Code, KCC 12.05. 14. Accessory living quarters are allowed per the provisions of Section 15.08.359. 7 15. Multi -family residential use shall be permitted as a conditional use only when included in a mixed use development. 16. Recreational vehicle storage is permitted as an accessory use in accordance with Section 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. Sec. 15.04.040 Manufacturing Land Uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses 1° C = Conditional Uses E A = Accessory Uses ; 0 EE E CM cm y a c a c c a c c a`3 E .o p 'c _ W m '� J i°m E Ems' N N 32',_�O N N W W Z. @ 7 --1' U j O U "� N E E d E C d E R C m .�n C {p L E V E cEi 'E 'E N y Cr m c 0 o U U m m E Ze o S h o —L° 0 E c ti E ri m d E LL ti S d a p E N m o E 2 o o U E U c 3 aEi E m E U rn ¢ io m tL m r` is H c U v 'a c c i'n c � -20) c n m Q1 rn o .o 'm E 3 0 0 o c > > c c m rn '� W in U) in U) c� _ Z o 0 0 o U v a> g'i v C v E m Q Q r N M q C9 C9 C7 2 D_ U C.7 0 LLJ M N C7 O C (� J C:� U Q Q C/) W fn r!1 N In Z U U U C7 O C7 Manufacturing, processing, blending and P(27) P(2 P(27 P(27)P(27) P(2 P(2 P(2) packaging of food and beverage products C(1) (27) Manufacturing, processing, blending and P P P P P P P P(2) packaging of drugs, pharmaceuticals, I C(1) toiletries and cosmetics. Manufacturing, processing, blending and P P P P P P P P(2) packaging of dairy products and C(1) byproducts. Industrial Laundry and Dyeing (including P p p p P P(2) linen supply and diaper services) Printing, publishing and allied industries P(25 P P P C P P P P P(2) C(1) Chemicals and related products mfg. C(4) C(4) C(4) C(1) Contractor shops and storage P P C P P(5) C(1) Custom arts and crafts products mfg. p p p P P P(2) CO) Computers, office machines and P(3) P(3) P(2) equipment mfg. Manufacturing and assembly of Electrical P(3) P(3) P P P P P(2) equipment; Appliances, lighting, radio, C(1) TV communications, equipment and components Fabricated metal products mfg.; Custom P P p P p P P(2) sheet metal mfg., containers, hand tools; C(1) heating equipment, screw products, extrusion; coating; and plating Manufacturing and assembly of P(3) P(3) p p P P P(2) Electronic and electrical devices; and (29) (29) (29) (29) automotive, aerospace, missile, airframe and similar products. Hazardous substance land uses A(7) A(7) A(9) A(9) A(9) A(9) A(9) A A A A(9) A(1) A A A A Cis) Cie) (11) (11) (11) C(s) (15) (15) (15) (18) C C C -C C C C (12) (12) (12) (18) (16) (18) (19) Offices Incidental and necessary to the A A A P P P P P P conduct of a principally permitted use Warehousing and distribution facilities P(26 P P P(20) P(20 P P(28 C(1) Rail -Truck Transfer Uses C C C P(22 P(14 (17) (21) (21) Outdoor Storage (Including truck, heavy P P A A A A A P equipment and contractor storage yards as allowed by Development Standards Sections 15.04.190 815.04.210) Miniwarehouses self -storage P C p ID; -L -P Section 15.04.040 continued K) v ? E '° EEp N N �p C S. y N CM C Ol •N lO l6 C R a :2 E E U y _ W J 'cc ��1�77jO 'cc 'E f0 °' E E [ C E E U L� N a E E E R A >=' m 75 E EE Zm Z' ' E o O U E U U C •l E E C CO 0. E U c LL rL L E Z � OU N EEcd) d U f�t0o7 o N cd Z E Q pw0 O p U pvycc N Q Q n 07 19 cQ Uo U 0 i o v Up Oz Manufacturing of Soaps, detergents, and C P other basic cleaning and cleansing C(1) preparations Manufacturing of Plastics and synthetic C P resins C(1) Manufacturing of Synthetic and natural C P fiber and cloth C(1) Manufacturing of Plywood, composition C P wallboard, and similar structural wood CO) products Manufacturing of Nonmetallic mineral C P products such as abrasives, asbestos, C(1) chalk, pumice and putty Manufacturing of Heat resisting or C P C(1) structural clay products (brick, tile, or pipe) or porcelain products Manufacturing of Machinery and heavy C P C(1) machine tool ,equipment for general industry and mining, agricultural, construction or service Industries Manufacturing, processing, assembling, P P P P P P(2) and packaging of articles, products, or (24) (32) (32) C(1) merchandise made from previously prepared natural or synthetic materials Manufacturing, processing, treating, P P P P (30) assembling and packaging of articles, products, or merchandise from C (1) previously prepared ferrous, nonferrous or alloyed metals. Complexes which Include a combination P P P of uses, including a mature of office, storage, and light manufacturing uses. Accessory uses and buildings A A A AA AAA AAAA A A A A A A A A I A A A A A A A(6) customarily appurtenant to a permitted (31) (10) (10) (13) (13) (10) (10) (10) use K) Sec. 15.04.050. Manufacturing Land Use Development Conditions. 1. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: (1) Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. (2) Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass and similar products. b. Manufacture of products such as the following: (1) Ammunition, explosives, fireworks, matches, photographic film, missile propellants and similar combustibles. (2) Rubber from natural, synthetic or reclaimed materials. (3) Paving and roofing materials or other products from petroleum derivatives. C. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of materials such as bone, coal, coal tar, coke, wood and other similar distillates. e. Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop hammering, boiler plate works and similar heavy metal operations: (1) Asphalt batching plants. (2) Concrete mixing and batching plants, including ready -mix concrete facilities. (3) Rock crushing plants and aggregate dryers. (4) Sandblasting plants. f. Animal and food processing, including the following and similar operations: 11 (1) Tanning, dressing and finishing of hides, skins and furs. (2) Meat and seafood products, curing, canning, rendering and slaughtering. (3) Nitrating of cotton and other materials. (4) Rendering of animal grease or tallow, fish oil and similar materials. (5) Slaughtering, stockyard, feedlot, dairy and similar operations. (6) Pickling and brine curing processes. (7) Wholesale produce markets. g. Salvage, wrecking and disposal activities, including the following and similar operations: (1) Automobile and building wrecking and salvage. (2) Salvage of industrial waste materials such as metal, paper, glass, rags and similar materials. (3) Sewage disposal and treatment plants. (4) Dump and sump operations for such uses as rubbish, garbage, trash and other liquid and solid wastes. h. Storage of the following kinds of goods: (1) Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas and similar products, and bulk stations and plants. (2) Used building materials, mover's equipment, relocated buildings, impounded vehicles and similar materials. (3) Explosives or fireworks, except where incidental to a principally permitted use. (4) Fertilizer or manure. 2. Small scale, light industrial or manufacturing operations where the building, structure or total operation does not encompass more than ten thousand (10,000) square feet of area. The ten thousand (10,000) square feet total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) of these uses shall be allowed per lot. 12 3. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly and kindred operations where the building, structure or total operation does not encompass more than ten thousand (10,000) square feet of area. The ten -thousand -square -foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) ten -thousand - square -foot manufacturing operation shall be permitted per lot. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M-3 zone. 5. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi -manufacturing work is done on the premises, such as carpentry, heating, electrical or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning and exterminators. 6. Accessory uses shall include vehicular drive-through, drive-in and service bay facilities. 7. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and do not accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. For permitted uses, hazardous substance land uses, including onsite hazardous waste 13 treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than five thousand (5,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 10. Includes incidental storage facilities and loading/unloading areas. 11. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than ten thousand (10,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 12. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup requirements of chapter 11.02 and which accumulate more than ten thousand (10,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site or which handle more than twenty thousand (20,000) pounds of hazardous substances and wastes on the site in any thirty -day period of time, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 13. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 14. Including transportation and transit terminals with repair and storage facilities, and rail -truck stations, except classification yards in the category of "hump yards". 15. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than twenty thousand (20,000) [[l pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 16. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 17. Conditional use permit required for trucking terminals and rail -truck transfer uses. .8. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of chapter 11.02 and which do not accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. 9. For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty thousand (20,000) pounds of hazardous substances or wastes or any combination thereof at any one (1) time on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. a. Offsite hazardous waste treatment or storage facilities, subject to the provisions of section 15.08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. !0. Warehousing and distribution facilities and the storage of goods or products, except 15 for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district. 21. Conditional use for car loading and distribution facilities, and rail -truck transfer stations. 22. Warehousing and distribution facilities and the storage of goods or products, including rail -truck transfer facilities. 23. Mini -warehouses, provided that the following development standards shall apply for mini -warehouses, superseding those set out in subsection 15.04.100(E): a. Frontage use. The first one hundred fifty (150) feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, defined by the provisions of subsection 15.04.100(A)(1), or for the office or onsite manager's unit, signage, parking and access. A maximum of twenty-five (25) percent of the frontage may be used for access to the storage unit area, provided that in no case shall the access area exceed seventy-five (75) feet in width. No storage units or structures shall be permitted within this one hundred fifty (15 0) feet of commercial frontage depth. b. Lot size. Minimum lot size is one (1) acre; maximum lot size is four (4) acres. C. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: a. Front yard: Twenty (20) feet. b. Side yard: Ten (10) feet. C. Rear yard: Ten (10) feet. e. Height limitation. The height limitation is one (1) story. f. Outdoor storage. No outdoor storage is permitted. g. Signs. The sign requirements of chapter 15.06 shall apply. h. Off-street parking 16 (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. i. Development plan review. Development plan approval is required as provided in section 15.09.010. J_ Landscaping. Landscaping requirements are as follows: (1) Front yard: Twenty (20) feet, type III (earth berms). (2) Side yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. (3) Rear yard: Ten (10) feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. k. Onsite manager A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The planning department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. 1. Drive aisles. Drive aisle width and parking requirements are as follows: a. Fifteen -foot drive aisle and ten -foot parking aisle. b. Parking for manager's quarters and visitor parking. M. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed one hundred (100) feet. The offset shall be no less than twenty (20) feet in the horizontal dimension, with a minimum depth of five (5) feet. n. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping and fencing shall be used. No uncomplimentary building colors should be used when abutting a residential use or zone. 17 o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: (1) Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. (2) The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. (3) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment. (4) The establishment of a transfer and storage business. (5) Any use that is noxious or offensive because of odor, dust, noise, fumes or vibration. (6) Storage of hazardous or toxic materials and chemicals or explosive substances P. Fencing. No razor wire is allowed on top of fences. 24. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smeltering, refining, and forming). 25. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in Section 15.04.080) must be retail or pedestrian - oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; 18 C. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; d. Food -related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to section 15.09.065, Use Interpretations. 26. Permitted uses are limited to storage, warehousing, processing and conversion of agricultural, dairy, and horticultural products, but not including slaughtering or meat packing. 27. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 128. Except for those goods or products specifically described as permitted to be stored as conditional uses. 129. Excluding explosive fuels and propellants. 30. Excluding predominantly drop forge and drop hammer operations. 31. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. Excluding paint boiling processes. [LI Sec. 15.04.060. Transportation, Public and Utilities Land Uses. 210 Zoning Districts Key P = Principally Permitted Uses @ S = Special Uses C = Conditional Uses a) E A=Accessory Uses p yEL N W C C C C d A p •E O •C _ m l0 jj E i0 N O N N r2 i? C Q, •C d E N E 7 O !O EC O Q, a1 m E @ U E E E E E m m �' a� = V m E W W Q �' E >' E •E �a T 'E � o p v, E o U O U U m l0 E E C rn CT y N > O U a m m LL os ca m a> E > c a)a� 0 o f s U c c E o U Q m a is m > y > 3 i? °� d� d� i'n d> c d� c a_"i m °) rn o .L E c 30 3 c c ani S 5 o � a� W CD m W- CO Cn CO Cn _ �2 Z 0 Q 0 0 U Ny N U c c C IV U Q Q r N M ��1 4 tU� T (L U W 2 C7 U _ — .E N C7 M ton CWn CO CO W CO M M z U o 0 0 U U 0 O C7 Commercial parking lots or structures C C Transportation and transit facilities C C C C C C C C C C C C C C C C C C C C C C C C C P(1) C Railway and bus depots, taxi stands C C Utilltyand transportation facilities: C C C C C C C C C C C C C C C C C C C C C C C C C C C Electrical substations, pumping or regulating devices for the transmission of water, gas, steam, petroleum, etc Public facilities. firehouses, police C C C C C C C C C C C C C C C P C C C C C C C C C C c stations, libraries and administrative offices of governmental agencies, primary and secondary schools, vocational schools and colleges. Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A(2) customarily appurtenant to a permitted I use I I I I I 210 Sec. 15.04.065. Transportation, Public and Utilities Land Use Development Conditions. Transportation and transit terminal, including repair and storage facilities and rail - truck stations, except classification yards in the category of "hump yards". 2. Accessory uses shall include vehicular drive-through, drive-in, or service bay facilities. 21 Sec. 15.04.070. Wholesale and Retail Land Uses. 22 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses E ar m A=Accessory Uses m iv of iv y o U = 2- _ N _ m m m m m aci o E 'c c v y w E o' of aEi Ste: ;D •o AE 7 A p E E A m m m m d O O H E o U o U U C U C m .g m '� E c ¢ 0- ti 'O U a c y LL d? 1L d? a� rn tL d� x m c a> E > 'v = a) G Z m -E o .0 c c 3 3 0 3 o m E a) E C U ie d m is S v, v c 5 T A 3 g c c c cA c G o p E C7 r = c . •0) E 8 c >0 E 30 c o E U E U c i; E c C7 rn Q m Q M in N in M co co in O C7 S 4 z U o U O 0 L1J r N 2 a� C7 O v v J d 0 U 0) N y V) N co M M of d' = U z U U U 0 U_3 0 o M U U U CD O R R C7 Bakeries and Confectionaries P P P P P(2) Wholesale bakery P P P Bulk retail P P P P(1) P(1) Recycling centers C P Retail sales of lumber, tools and other P P P P building materials, Including preassembled products Hardware, paint, file and wallpaper (retail) P P(Iij P C P P P(2) Farm equipment P P General merchandise: Dry goods, variety P P(11 P C P P P(2) and department stores (retail) Food and convenience stores (retail) P P P(11 P C P P (12 P(4) (12 P(2) Automobile, aircraft, motorcycle, boat and P P P recreational vehicles sales (retail) Automotive, aircraft, motorcycle and P P P P(13) P(13 P(5) P(2) marine accessories (retail) (13) Gasoline service stations S(6) S(6) S(6) S(6) S(6) S(6) S(6) S(6) S(6) C Apparel and accessories (retail) P P(11 P C P P A(8) P(2) Furniture, home furnishing (retail) P P(11 P C P P P(2) Eating and drinking establishments (no P P P(11 P P P P P (15 P P P(5) P(2) drive-through) Eating and drinking establishments (with S(6) Cp) P S(6) P P(2,3) drive-through) Eating facilities for employees A A A A Planned Development Retail Sales (14 Miscellaneous retail: Drugs, antiques, P P P(11 P C P P (15 A(8) P(2) books, sporting goods, Jewelry, florist, photo supplies, video rental, computer supplies, eta Uquor store P P P(11 P C P P P P(2) Farre supplies, hay, grain, feed, fencing, P C P P eta (retail) Nurseries, green houses, garden supplies, P C P P tools, etc. Pet shops (retail and grooming) C P P P(2) Computers and electronics (retail) P C P P P P(2) Hotels and motels P(11 P C P P P P Complexes which Include combinations P P P of uses, Including a mixture of office, light manufacturing, storage and commercial uses Outdoor Storage (including truck, heavy P P A A A A A P equipment and contractor storage yards as allowed by Development Standards Sections 15.04.190 & 15.04.210) Accessory uses and buildings A A A(9) A A A A A A A A A 16 (16 17 17 10 A16) 16) (16 A A A A A A(18) customarily appurtenant to a permitted use 22 Sec. 15.04.080. Wholesale and Retail Land Use Development Conditions. 1. Bulk retail uses which provide goods for regional retail and wholesale markets; provided that each use occupy no less than forty-three thousand five hundred sixty (43,560) square feet of gross floor area. 2. All sales, storage and display occur within enclosed buildings. 3. Provided that any restaurant with drive-in or drive-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use. 4. Convenience and deli marts are limited to a maximum gross floor area of three thousand (3,000) square feet. 5. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi -building development. Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. Special uses must conform to the development standards listed in Section 15.08.020. Drive-through restaurants, only if located in a building having at least two (2) stories. 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property: Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian -oriented. 23 Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; C. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; d. Food -related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to Section 15.09.065, Use Interpretations. 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in Section 15.08.020. 13. Retail sales are limited to tires, batteries and accessories for industrial vehicle and equipment. 14. Retail sales are permitted as part of a planned development where at least fifty (50) percent of the total development is for office use. Drive-in restaurants, service stations, drive-in cleaning establishments and other similar retail establishments are not permitted. 24 15. Incidental sales and services, such as restaurants, pharmacies and retail sales, to serve occupants and patrons of permitted uses when conducted within the same building, provided there is no exterior display or advertising. 16. Includes incidental storage facilities and loading/unloading areas. 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. Accessory uses shall include vehicular drive-through, drive-in and service bay facilities. Ground Floor Retail/Service Area isms,: Ground Floor Retail/So-rvice -Use Reauired 25 Sec. 15.04.090. Service Land Uses. 2(0 Zoning Districts Key P = Principally Permitted Uses m o S = Special Uses C = Conditional Uses o E A = Accessory Uses H _ 5 m m 0 0 'E a o 'y y w m _jc '° 7 N o� r m 0 m y aci m i °`3 � E is E m d' of H ' M tZ U 'o E E E E E E E E m m 'L` `° E E c rn T r T N y Oc c a� °1 0 0 E o o U o U m m E c W y U —L° c d ti ri d� m LL y m E d 0 S y o L c 30 3 3 aEi E agi E U Q io m 5 rn c m r?i y c c Cnn c c a °� �' o 'chi E o o ani H v' o a) at m rn rn N U N Co u _ Z o O 0 U U t7 fE S 5 c J CJ O Q Q U D: cl' C?= K a' '9 d' ti' d' U O �y N O U ¢ ¢ 0) co fn CO C/3C/)M M M M M Z U 0 0 0 U U (.7 O C7 Finance, Insurance, real estate servicesP P(1) P P P P P P P P(2) P(3) (12) Personal services: Laundry; dry cleaning; P P P(12 P I P I P C P(10) P(10) P(2) P(3) barber, salons; shoe repair, launderettes (10) Mortuaries P(12 P I P C P(3) Home day care P P P P P P P P P P P P P P P P P P P P P P P P P P P P Day care center C C C C C C C C P P P P P P P P P P P P P P P P P P P P Business services, duplicating and blue P(12 P p p P P P P P(2) P(3) printing, travel agencies and employment agencies Building maintenance and pest control P P P P P P(2) Outdoor Storage (including truck, heavy P P A A A A A P equipment and contractor storage yards as allowed by Development Standards Sections 15.04.190 8:15.04.210) Rental and leasing services for cars, P P I P I P P P(2) trucks, trailers, furniture and tools Auto repair and washing services C I I P P I P I PC(5) (Including body work) Repair services: Watch, TV; electrical; P P(12) P P P P P P(2) P(3) electronic; upholstery Professional services: Medical; clinics p p p P P P P P(2) P(3) and other health care related services Heavy Equipment and Truck Repair P P P C P Contract Construction Service Offices: (16) P P P(16) P(16 P(17 P(17 P(2) P P(3) Building construction; plumbing; paving (17) and landscaping Educational Services: vocational; trade; P P P P P P P P(2) P(3) art; music; dancing; barber and beauty Churches S(4) S(4)IS(4)IS(4) S(4) S(4) S(4)IS(4)IS(4) S(4) S(4) S(4) S(4) I IS(4),S(4) S(4) S(4) S(4) Administrative and professional offices — P P(12 P P C I P I P P P P P(2) P(3) general Municipal uses and buildings P(13)P(13 P P (13 P(13 P(13 P(13 P(13 P(13) P(13 P(2) P(13 P(13) (13) Research, development and testing P P P P P P(2) P(14 1 1 Planned Development Retail Sales C(6) Accessory uses and buildings A A A(7) A A A A A A A A A A A A A A A A A A A A A A (15 customarily appurtenant to a permitted (18) (18) (19) (19) (18) (18) (18) use Boarding kennels and breeding C C C establishments Veterinary clinics and veterinary hospitals C P(8) P(9) P(9) P(8) C IP(11 Administrative or executive offices which P P P P P are part of a predominant industrial roperation.ncidental and necessary to thenduct of a principally permitted use 2(0 Sec. 15.04.100. Service Land Use Development Conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi -building development. Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional' use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 3. All sales, storage and display occur within enclosed buildings. 4. Special uses must conform to the development standards listed in section 15.08.020. 5. Excluding auto body repair. 5. Retail sales are permitted as part of a planned development where at least fifty (50) percent of the total development is for office use. Drive-in restaurants, service stations, drive-in cleaning establishments and other similar retail establishments are not permitted. 7. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 3. Veterinary clinics when located no closer than one hundred fifty (150) feet to any residential use, providing the animals are housed indoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. �. 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, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. 10. Personal services uses limited to linen supply and industrial laundry services, diaper 27 services, rug cleaning and repair services, photographic services, beauty and barber services and fur repair and storage services. 11. Veterinary clinics and animal hospital services when located no less than one hundred fifty (15 0) feet from any residential use, provided the animals are housed indoors and the building is soundproofed. 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; C. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; d. Food -related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to section 15.09.065, Use Interpretations. 13. Except for such uses and buildings subject to Section 15.04.150. 14. Conducted in conjunction with a principally permitted use. 28 15. Accessory uses shall include vehicular drive-through, drive-in or service bay uses. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in Section 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 19. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. Ground Floor Retail/Service Area V. 41. HARRISON . 11111111111111111 D N L n 5T TITus 5T rl IJFl[ F!_ sixmii Ground Floor Retail/Service Use Required IM Sec. 15.04.110. Cultural, Entertainment and Recreation Land Uses. 30 Zoning Districts Key P = Principally Permitted Uses S = Special Uses p ca w C = Conditional Uses E ca A = Accessory Uses d E 2.E76 -za p �NEc r -—.C= W J 'c 'c m•� 2 > E o fO Em m A E > tr g a v E E E E E E E f° y '—' U m m E a� O ¢ �^ E E> > i c °� N m E g E o E o o U o U m E F'i c '�` m N o _ M LL E ca LL L. LL d) E m LL E m LL x 0 c O E N c o o£ x p U ,- U c c 3 'g a> 'E a� E o U oM ¢ m a a is N v o c U m w a' d� c c rn c d� c Cl) c a> a> m > ami o LM N c .o L rn c E E 3 O c E 3 E E E E � S m y S N ' v -c -c M co tq co N O C7 = o 2 o Z E o 3 o 0 O o O U U a� m is N v v'E d aci CD ¢ ¢ — c� c� c4 aP C� S a U U O LU N C7 E C7 U ¢ ¢ N N Cr N �� Z U a a O U U Q O g M 0 Performing and cultural arts uses, such P(3) P P P P P P Pill as art galleries and studios Historic and monument sites P P Public assembly (indoor): sports facilities; P P P P P(p) P(y) P(p) P(t) arenas; auditoriums and exhibition halls, bowling alleys, dart playing facilities, C(6) skating rinks, community clubs; athletic clubs; recreation centers; theaters (excluding school facilities) Public assembly (outdoor): Fairgrounds P P and amusement parks; tennis courts; athletic fields; miniature golf; go-cart tracks; drive -In theaters; etc. Open space use: Cemeteries, parks, C C C C C C C C C C C C C C P(6) P(6) P(6) C (i) (7) C C C C C C C playgrounds, golf courses and other C C C C C recreation facilities, Including buildings or structures associated therewith. Employee recreation areas A A A A Private clubs, fraternal lodges, etc. C C C C C C C C C C C C C (5) C C C C C C P(5) C C Recreational vehicle parks C P Accessory uses and buildings flARA A A A A A A A A A A A A A A A A A A A A A(4) customarily appurtenant to a permitted use Recreational buildings in MHP A 30 Sec. 15.04.120. Cultural, Entertainment and Recreation Land Use Development Conditions. All sales, storage and display occur within enclosed buildings. 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools and other similar uses deemed compatible with the general character and stated purpose of the district. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in Section 15.04.080) must be retail or pedestrian - oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to, convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops and book shops; b. Personal services, including but not limited to, barber shops, beauty salons and dry cleaning; C. Repair services, including but not limited to, television, radio, computer, jewelry and shoe repair; d. Food -related shops, including but not limited to, restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to, law offices and consulting services; and g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to section 15.09.065, Use Interpretations. Accessory uses shall include vehicular drive-through, drive-in or service bay 31 facilities. Business, civic, social and fraternal associations and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. Principally permitted uses are limited to golf driving ranges. Public assembly facilities such as amphitheaters, arena, auditoriums and exhibition halls allowed as a conditional use. 32 Sec. 15.04.130. Resource Land Uses. 35 Zoning Districts Key P = Principally Permitted Uses S = Special Uses p C = Conditional Uses E o A = Accessory Uses d iv �yy o V r a a C p -i- A :2 EE T E N -Z, C a d W ,��+ E J " cm z CV cmC C �° aci aci v aci >M iu °� O a i' E o -92 m m E E vi o o U E G) E E E E c m m m L° r3 E aci ¢? E E E m �` '� E d aci p m E S U o U U m m E E m a>> 5 H o U _ L° c W �r LL d> u u`° 'a_� a> E > y 0 i o a U c 3 r d y V IM Q m a is m y E co 3 Lei 2; '� m c (D c & Cnn 6 c d� c 4� a' p y . E I c E o E o ani H v d aEi m W CO in i�np _ Z o o 0 V V 0 �' E aci r N C? �y 1 trop T i 9 [Ce7� T = CL („) V 0 W N Q Vi W W Cn W CO O c7 Agricultural uses (Including wholesale P P P P nurseries and greenhouses) Crop and tree farming P P P P P P P P P P P P P P P P P P Storage, manufacturing, processing and P P conversion of agricultural products (not including slaughtering or meat packing) Accessory uses and buildings A A A(t) A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a permitted use Roadside stands A(3) A(2) A(3) A(2) 35 Sec. 15.04.140. Resource land use development conditions. 1. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 2. Roadside stand not exceeding four hundred (400) square feet in floor area exclusively for agricultural products grown on the premises. 3. Roadside stands not exceeding four -hundred (400) square feet in floor area, and not over twenty (20) lineal feet on any side, primarily for sale of agricultural products on the premise. Sec. 15.04.150. Special use combining district, SU. It is the purpose of the SU district to provide for special controls for certain uses which do not clearly fit into other districts, which may be due to technological and social changes, or which are of such unique character as to warrant special attention in the interest of the city's optimum development and the preservation and enhancement of its environmental quality. A special use combining district is imposed on an existing zoning district, permitting the special use as well as uses permitted by the underlying zone. The combining district becomes void if substantial construction has not begun within a one-year period, and the district reverts to its original zoning designation. It is the intent of the special use combining regulations to provide the city with adequate procedures for controlling and reviewing such uses and to discourage application for speculative rezoning. A. Uses subject to special use combining district regulations. The following list is illustrative of the types of uses subject to special use combining district regulations and is not intended to be exclusive: 1. Uses which occupy or would occupy large areas of land. 2. Uses which would involve the construction of buildings or other structures of unusual height or mass. 3. Uses which house, employ or serve large numbers of people. 4. Uses which generate heavy traffic. 5. Uses which have unusual impact on environmental quality of the area. 34 6. Any use which does not lend itself to an interpretation of substantial similarity to other uses identified or described in this title. 7. Uses which, in the judgment of the planning director, warrant review by the planning commission and the city council. 8. Examples of uses subject to review as described in this subsection would include but are not limited to the following: a. Commercial uses: sports stadiums, rodeos, fairgrounds, exhibition or convention halls, merchandise marts and drive-in theaters. b. Special environmental problems posed by: refineries, nuclear power generating plants, airports, heliports, sanitary landfills, extractive industries, solid waste incinerators or energy/resource recovery's facilities. C. Hazardous wastes: offsite hazardous waste treatment or storage facilities in M1 and M2 districts only, subject to the provisions of section 15.08.050. B. Application procedures. The application procedure for a special use combining district shall be the same as for an amendment to this title as provided in section 15.09.050, except that development plan approval is concurrent with the combining district. C. Documentation required. Required documentation is as follows: 1. A vicinity map drawn to a scale not smaller than one thousand (1,000) feet to the inch showing the site in relation to its surrounding area, including streets, roads, streams or other bodies of water, the development characteristics and zoning pattern of the area, and a scale and north arrow. The vicinity map may be in sketch form but shall be drawn with sufficient accuracy to reasonably orient the reader to the vicinity, and to adequately convey the required information. 35 2. A map or drawing of the site drawn to a scale acceptable to the planning department, generally one hundred (100) feet to the inch. The map or drawing shall show the following information: a. Dimensions and names of streets bounding or touching the site. b. Such existing or proposed features as streams or other bodies of water, rights-of-way, easements and other physical or legal features which may affect or be affected by the proposed development. C. Existing and proposed topography at contour intervals of not more than five (5) feet in areas having slopes exceeding three (3) percent, and not more than two (2) feet in areas having slopes of less than three (3) percent. d. Accurate legal description of the property. e. Existing and proposed structures or buildings, including the identification of types, and proposed use of the structures. All uses must be compatible with the major use. f. Off-street parking and loading facilities. g. Dimensions of the site, distances from property lines and space between structures. h. Tentative routing of domestic water lines, storm drains, sanitary sewers and other utilities, including an identification of planned disposal or runoff. i. Elevations, perspective renderings or such other graphic material or evidence to illustrate effect on the view enjoyed by and from other properties in the vicinity, if required by the planning department. J. Architectural renderings of buildings. k. A written statement providing the following information: (1) Program for development, including staging or timing. (2) Proposed ownership pattern upon completion of development. Kiel (3) Basic content of restrictive covenants, if any. (4) Provisions to ensure permanence and maintenance of open space through means acceptable to the city. (5) Statement or tabulation of number of persons to be employed, served or housed in the proposed development. (6) Statement describing the relationship of the proposed development to the city comprehensive plan. (7) Statement indicating availability of existing or proposed sanitary sewers. 3. Such other data or information as the planning department may require. D. Development standards. In reviewing and approving proposed developments falling under the purview of this section, the hearing examiner and city council shall make the following findings: 1. That the location for the proposed use is reasonable. 2. That existing or proposed trafficways are adequate to serve new development. 3. That setback, height and bulk of buildings are acceptable for the proposed use and for the vicinity in which it is located. 4. That landscaping and other site improvements are comparable to the highest standards set forth for other developments as set out in this title. 5. That the performance standards pertaining to air and water pollution, noise levels, etc., are comparable to the highest standards specified for other uses as set out in this title. 6. That the proposed development is in the public interest and serves a need of community -wide or regional importance. In reviewing and approving special uses, the hearing examiner and the city council may impose such conditions as they deem necessary in the interest of the welfare of the city and the protection of the environment. 37 E. Period of validity. Any special use combining district shall remain effective only for one (1) year unless the use is begun within that time or construction has commenced. If not in use or construction has not commenced within one (1) year of the granting of the special use combining district, the combining district shall become invalid, and the original zoning designation of the land shall apply. F. Minor and major adjustments. 1. If minor adjustments are made following the adoption of the final development plan and approval of the combining district, such adjustments shall be approved by the planning director prior to the issuance of a building permit. Minor adjustments are those which may affect the precise dimensions or siting of buildings approved in the final plan, or the density of the development or open space provided. 2. Major adjustments are those which, as determined by the planning director, substantially change the basic design, density, open space uses or other similar requirements or provisions. Authorization for major adjustments shall be made by the city council. 3. The provisions of this subsection pertaining to minor and major adjustments shall apply to various parts of a staged development. Sec. 15.04.160. Development Standards. Development standards are listed down left side of the tables, and the zoning districts are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or the entire zone. A blank box indicates that there are no specific requirements. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard. 38 Sec. 15.04.170. Agricultural and Residential Zone Development Standards. 39 ZoningDistricts m c y a v m c g aa) c v v N 4 v > > m Eo N U N N aD d 1 "E cc _ V' m E E ii E E 0 p w r1 m E I_° L° e c v �i ri ti ti c a> E > ami O o �cp C C C C1 O 2 CO CO 0 O N ^2 L rr = L o N M Cl? aQ U = d Q 0 Q W Cn CY Cn W CO W CO oc Cn W CO o x '2 SF Duplex SF Duplex MF SF Duplex MF SF Duplex MF Maximum density: 1 du/ac 1 du/ac 2.18 3.63 4.53 6.05 8.71 8.71 16 8.71 23 8.71 40 dwelling units per acre duslac duslac duslac duslac duslac duslac c duslac duslac duslac duslac duslac Minimum lot area: 34,700 1 ac 34,700 16,000 9,600 7,600 5,700 4,000 4,000 8,000 F8.71 8,000 8,5001 4,000 8,000 8,5001 4,000 8,000 8,5001 square feet or acres, as sqft sqft sqft sqft sq ft sqft sqft sqft sq ft sq ft 2,500 sq It sq ft 1,600 sq It sq it 900 sq noted sq It. sq ft ft (3) (1) (2) Minimum lot width: feet 60 It 60 it 50 It 50 ft 50 ft 50 ft 40 It 40 It 10ft 40 ft 8011 Oft 40 It 8011t 80 ft 40 ft 80 ft 80 ft (4) Maximum site 30% 50% 30% 30% 45% 45% 50% 55% 55y° 40% 55% 40% 450/9 55% 40% 45% 55% 40% 50% coverage: percent of (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) site Minimum yard (22) requirements: feet Front yard 2011 30 ft 20 ft 10ft 10ft 10ft 1011 10ft 10ft 10ft 10ft 10ft 20 ft 10ft 10ft 2011 10ft 1011 2011 (6) (7) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (8) (6) (8) (6) (6) (6) (6) (6) (6) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15ft (10) 1511 5 f 511 5 f 511 5 f 5 f 511 5 f 511 (11) 511 5 f (11) 511 5 f (11) Side yard on flanking 20 ft 20 ft 10ft 1011 10ft 10ft 10ft 10ft 10ft 1011 10ft 1511 1011 10ft 15ft 10ft 1011 15ft street of a corner lot (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Rearyard 20 ft 1511 5 f 5 f 5 f 5 I 5 f 5 f 811 5 f 811 20ft 5 f 811 20 ft 5 I 8 f 20 ft Additional (12) (13) (12) (14) (14) (14) setbacksldistances (15) (15) (15) between buildings Height limitation: in 2.5 2 stryl 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 3 dry/ 2.5 2.5 3 stryl 2.5 2 5 4 stryl stories/not to exceed in stryl 35 ft stryl stryl stryl stryl atryl stryl stryl stryl stryl stryl 4011 stryl stryl 40 ft stryl stryl 50 ft feet 3511t (17) 3511 35 ft 35 ft 35 it 3511t 30 It 30 ft 35 It 30 ft 3511t 30 It 35 ft 3011 3511t (16) (18) Maximum impervious 40% 40% 40% 50% 60% 70% 75% 75116 70% 75% 70% 75% 70% 75% 70% surface: percent of (19) (19) (23) (23) (23) (23) (23) (19) (19) (19) (19) (19) (19) (19) (19) total parcel area Zero lot line and The provisions in Sections 15.08.300, 310, 320, and 330 shall apply. clustering (24) Signs The sign regulations of Chapter 15.06 shall apply. Offstreet parking The off-street parking requirements of Chapter 15.05 shall apply. Landscaping The landscaping requirements of Chapter 15.07 shall apply. Mufti -family Transition (25) (25) (25) Area Mufti -family design (zs) (26) (26) review Additional standards Additional standards forspecific uses are contained in Chapter 15.08 and Chapter 15.09. (20) (20) (21) 39 Sec. 15.04.180. Agricultural and Residential Land Use Development Standard Conditions. 1. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and two thousand five hundred (2,500) square feet for each additional dwelling unit. 2. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and one thousand six hundred (1,600) square feet for each additional dwelling unit. 3. Minimum lot area is eight thousand five hundred (8,500) square feet for the first two (2) dwelling units, and nine hundred (900) square feet for each additional dwelling unit. 4. To determine minimum lot width for irregular lots, a circle of applicable diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries of the lot, provided that an access easement to another lot is not included within the circle. 5. Interior yards shall not be computed as part of the site coverage. S. Porches and private shared courtyard features may be built within the front building set back line. 1. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 3. Proposed front yards less than twenty (20) feet in depth are subject to approval by the planning director, based on review and recommendation from the public works department relative to the existing and future traffic volumes and right-of-way requirements as specified in the city comprehensive transportation plan and city construction standards. �. At least twenty (20) linear feet of driveway shall be provided between any garage, carport or other primary parking area and the street property line with the exception of an alley property line. 0. An aggregate side yard of thirty (3 0) feet shall be provided. A minimum of ten (10) 40 feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty (20) feet from the property line. 11. Each side yard shall be a minimum of ten (10) percent of the lot width; however, regardless of lot width, the yard width need not be more than thirty (30) feet. 12. Structures for feeding, housing and care of animals, except household pets, shall be set back fifty (50) feet from any property line. 13. Additional setbacks for the Agriculture General AG zoning district. a. Structures for feeding, housing and care of animals shall be set back fifty (50) feet from any property line. b. Transitional conditions shall exist when an AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall provided. C. Setbacks, Green River. Industrial development in the AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and in accordance with the high quality of site development typically required for the industrial park areas of the city and in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 14. An inner court providing access to a double -row building shall be a minimum of twenty (20) feet. 91 15. The distance between principal buildings shall be at least one-half the sum of the height of both buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This requirement shall also apply to portions of the same) building separated from each other by a court or other open space. 16. The height limitations shall not apply to barns and silos provided that they are not located within fifty (50) feet of any lot line. 17. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height. 18. The planning director shall be authorized to approve a height greater than four (4) stories or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 19. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet when the lot is greater than one (1) acre. 20. The following uses are prohibited: a. The removal of topsoil for any purpose. b. Grade and fill operations, provided that limited grade and fill may be approved as needed to construct permitted buildings or structures. C. All subsurface activities, including excavation for underground utilities, pipelines or other underground installations, that cause permanent disruption of the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner consistent with agricultural uses. d. Dumping or storage of nonagricultural solid or liquid waste, or of trash, rubbish or noxious materials. e. Activities that violate sound agricultural soil and water conservation management practices. 21. Outdoor storage for industrial uses shall be located at the rear of a principally permitted structure and shall be completely fenced. 22. Mobile home park combining district, MHP. The standards and procedures of the city mobile home park code shall apply. General requirements and standards for mobile home park design, 12.04.520; mobile home parks, Ch. 12.05. 23. Except for lots used for agricultural practices, the maximum impervious surface area allowed shall be ten thousand (10,000) square feet. 24. Minimum lot width, building setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clustering housing development. 25. The requirements of section 15.08.215 shall apply in any multifamily transition area, which includes any portion of a multifamily district within one hundred (100) feet of a single-family district or within one hundred (100) feet of a public street right-of-way. 26. The requirements of section 15.09.047 for multifamily design review shall apply to any multifamily dwelling of three (3) or more units. 43 Sec. 15.04.190. Commercial and Industrial Zone Development Standards. Zoning Districts �p Cl N d � C l9 0e r CV _ iu .0 W E J q] c CA c C _CD_ CU N 7 7 {p �C E 0 U 1° •y U E E o E E v in m 2i E 0 g c ci U v 3 c 3 m m aEi E U rn ¢ m tL a m ti c v c o = 0 8 aEi E E m fO v a3i °1E U 0 �+ p o W o � U � U N aci C7 c� p v � v E r� E J iu C.7 CD U Z U o 0 o U U C7 O Minimum lot area: square feet or acres, as 10,000 10,000 5,000 5,000 10,000 10,000 10,000 10,000 10,000 1 acre 1 acre 10,000 20,000 15,000 10,000 noted sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft (1) Maximum site coverage: percent of site 40% 40% 100% 100% 75% 50% 50% 40% 30% 50% 60% 60% 65% 1 75% 40% Minimum yard requirements: feet Front yard 15 ft 15 ft (2) (3) (3) 15 ft 15 ft 20 ft 25 ft 30 ft (5) (5) (6) (7) 15 ft (4) Side yard (8) (9) (2) (3) (3) (10) (10) (10) (10) (11) (12) (12) (13) (14) 5 ft(16) (15) Side yard on flanking street of comer lot (17) (17) (17) (18) 1511 Rear yard 20 ft 20 ft (2) (3) (3) (19) (19) (19) (2) (19) (20) (20) (21) (21) 5 ft (22) Yards, transitional conditions (23) (23) (24) (25) Additional setbacks (26) (29) (28) Height limitation: in stories/not to exceed 2 stryl 3 stryl4 stryl (32) (32) 2 stryl 2 stryl 2 stryl 3 stryl 2 stryl 2 stryl 2 stryl 2 stryl 2 stryl 3 stryl in feet 35 ft 40 ft 60 ft 35 ft 35 ft 35 ft 40 ft 35 ft 35 ft 35 ft 35 ft 35 ft 40 ft (30) (31) (30) (30) (30) (33) (35) (35) (35) (37) (38) Landscaping The landscaping requirements of Chapter 15.07 shall apply. (52) (52) Outdoor storage (39) (39) (40) (40) (40) (42) 1 (43) 1 (43) (44) (45) (59) (41) (41) (51) Signs The sign regulations of Chapter 15.06 shall apply. (60) Vehicle drive-through, drive-in and service bays E(41) Loading areas (47) (47) (47) J47)(48) (48) (49) 1) Offstreet parking The off-street parking requirements of Chapter 15.05 shall apply. (57) (57) (57) (57) (58) (58) (58) (57) Additional Standards (50) (36) (31) (31) (31) (50) (50) (36) (36) (50) (50) (50) (50) (50) (50) (50) (50) (50) (50) (50) (56) (53) (�) (�) (54) (54) (54) (55) (55) (55) (55) (56) (56) (56) (56) Section 15.04.200 Mixed Use overlay development standards. 45 OVERLAY DISTRICTS GC -MU O -MU CC -MU Floor area ratio .40 for commercial uses. .40 for commercial uses. .40 for commercial uses. .50 for commercial uses combined .50 for commercial uses combined .50 for commercial uses combined with residential uses; provided that, with residential uses; provided that, with residential uses; provided that, commercial floor area may be commercial floor area may be commercial floor area may be increased by one square foot for each increased by one square foot for each increased by one square foot for each square foot of residential floor area square foot of residential floor area square foot of residential floor area provided up to a maximum provided up to a maximum provided up to a maximum commercial FAR of .5. commercial FAR of .5. commercial FAR of .5. 1.0 for residential uses, provided that, 1.0 for residential uses, provided that, 1.0 for residential uses, provided that, residential FAR may be increased by residential FAR may be increased by residential FAR may be increased by .5 if parking is provided below grade, .5 if parking is provided below grade, .5 if parking is provided below grade, up to a maximum of 1.5 up to a maximum of 1.5. up to a maximum of 1.5. Site coverage Forty (40) percent for commercial Forty (40) percent for commercial Forty (40) percent for commercial uses. Seventy-five (75) percent for uses Sixty (60) percent for commercial uses uses. Sixty (60) percent for commercial uses commercial uses with residential uses, with residential uses, provided that with residential uses, provided that provided that twenty-five (25) percent twenty-five (25) percent of the gross twenty-five (25) percent of the gross of the gross floor area is residential floor area is residential use. floor area is residential use. use. Height Twenty-five (25) feet, provided that Twenty-five (25) feet, provided that Twenty-five (25) feet, provided that basic heights may be increased up to basic heights may be increased up to basic heights may be increased up to the maximum height of fifty (50) feet the maximum height of forty (40) feet the maximum height of forty (40) feet (1) (1) (1) Front yard Zero (0) feet; provided that some Zero (0) feet; provided that some Zero (0) feet; provided that some setback may be required in the front setback may be required in the front setback may be required in the front yard to accommodate a sidewalk yard to accommodate a sidewalk yard to accommodate a sidewalk which shall be at least ten (10) feet in which shall be at least ten (10) feet in which shall be at least ten (10) feet in width. width. width. Rear and side Zero (0) feet; provided that setbacks of Zero (0) feet; provided that setbacks of Zero (0) feet; provided that setbacks of at least twenty (20) feet will be at least twenty (20) feet will be at least twenty (20) feet will be yard required in any rear or side yards that required in any rear or side yards that required in any rear or side yards that are adjacent to a residential zoning are adjacent to a residential zoning are adjacent to a residential zoning district. district. district. Off-street parking Retail/office uses: Three and one-half Retail/office uses: Four (4) spaces per RetaiVoice uses: Four (4) spaces per (3.5) spaces per thousand (1,000) thousand (1,000) square feet of floor thousand (1,000) square feet of floor square feet of floor area. (2) area. (2) area. (2) Residential uses (3) Residential uses (3) Residential uses (3) 45 Sec. 15.04.205. Mixed Use Land Use Development Standard Conditions. 1. The following height modifications shall apply: a. Five-foot increases for developments containing residential uses, provided that twenty-five (25) percent of gross floor area is in residential use. b. Five-foot increases for parking under the building. C. Five-foot increases for using a pitched roof form. d. Five-foot increase for stepping back from the top floor (minimum of five feet). 2. The first three hundred (300) square feet of retail or office space that is a part of an individual residential unit is exempt. 3. The following parking requirements shall apply: a. Studio: .75 per dwelling unit (du) without commercial uses; .50/du with commercial uses, provided that twenty-five (25) per cent of overall gross floor area is in commercial uses. b. One -bedroom: 1.5/du without commercial uses; 1.0/du with commercial uses, provided that twenty-five (25) percent of overall gross floor area is in commercial uses. C. Two-bedroom: 2.0/du without commercial uses; 1.25/du with commercial uses, provided that twenty-five (25) percent of overall gross floor area is in commercial uses. Sec. 15.04.210. Commercial and Industrial Land Use Development Standard Conditions. Minimum lot of record or five thousand (5,000) square feet, whichever is less. None, except as required by landscaping, or if off-street parking is provided on site. See the downtown design review criteria outlined in section 15.09.048. No minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty -foot rear and/or side yard setback may be required. See the downtown design review criteria outlined in section 15.09.048. For properties abutting on West Valley Highway, the frontage on West Valley 46 Highway shall be considered the front yard. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of twenty (20) feet. b. Properties fronting on local access streets shall have a minimum setback of twenty (20) feet. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterials and collector streets shall have a minimum setback of forty (40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. �. The front yard shall be ten (10) percent of the lot depth. Regardless of lot size, the yard depth need not be more than thirty-five (35) feet. �. No side yard is required, except when abutting a district other than NCC, and then the side yard shall be not less than twenty (20) feet in width. >. No side yard is required, except when abutting a more restrictive district, and then the side yard shall be not less than twenty (20) feet in width. .0. No side yard is required, except abutting a residential district, and then the side yard shall be twenty (20) feet minimum. 1. An aggregate side yard of thirty (30) feet shall be provided. A minimum of ten (10) feet shall be provided for each side yard. On a corner lot the side yard setback shall be a minimum of twenty (20) feet from the property line. 2. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than forty (40) feet. There shall be a minimum of fifteen (15) feet on each side. 47 13. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than thirty (30) feet. There shall be a minimum of ten (10) feet on each side. 14. The side yards shall have an aggregate width of ten (10) percent of the lot width, but the aggregate width need not be more than twenty-five (25) feet. There shall be a minimum of ten (10) feet on each side. 15. A side yard of at least five (5) feet in depth shall be provided along the side property lines, except no side yard shall be required between adjacent properties where a common, shared driveway with a perpetual cross -access easement is provided to serve the adjoining properties. 16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of forty (40) feet. b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet. 18. The side yard on the flanking street of a corner lot shall be at least ten (10) percent of the lot width, unless the ten (10) percent figure would result in a side yard of greater than twenty (20) feet, in which case the side yard need not be more than twenty (20) feet. 19. No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty (20) feet minimum. No rear yard is required, except as may be required by other setback provisions of this section. 121. No rear yard is required, except as may be required by transitional conditions. 48 22. A rear yard of at least five (5) feet in depth shall be provided, except when a rear yard abuts a residential district, and then a rear yard of at least twenty (20) feet in depth shall be provided. 23. Transitional conditions shall exist when an industrial park M1 or MI -C district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 26. Structures for feeding, housing and care of animals shall be set back fifty (50) feet from any property line. 27. Transitional conditions shall exist when an MA district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 28. Industrial development in the MA district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and are in accordance with the high quality of site development required for the industrial parks area of the city, which MA areas are designated to become in the city comprehensive plan, and are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 29. Development in the M1 or M1 -C district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. The planning director shall be authorized to grant one (1) additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one (1) additional story may be granted by the planning commission. 31. The downtown design review requirements of section 15.09.048 shall apply. 50 32. No maximum height limit is required. See the downtown design review criteria outlined in section 15.09.048. 33. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height. 34. The planning director shall be authorized to approve a height greater than four (4) stories or sixty (60) feet, provided such height does not detract from the continuity of the area. When a request is made to exceed the building height limit, the planning director may impose such conditions, within a reasonable amount of time, as may be necessary to reduce any incompatibilities with surrounding uses. 35. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each one (1) foot of additional building height. The planning director shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the planning commission. 36. Design review for mixed use development is required as provided in Section 15.09.049. ;7. The height limitation is two (2) stories or thirty-five (35) feet. Beyond this height, to a height not greater than either four (4) stories or sixty (60) feet, there shall be added one (1) additional foot of yard for each two (2) feet of additional building height. The planning director shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the planning commission. �8. The height limitation is three (3) stories or forty (40) feet. An additional story or building height may be added, up to a maximum of five (5) stories or sixty (60) 51 feet, with one (1) additional foot of building setback for every additional foot building height over forty (40) feet. 39. Outdoor storage areas are prohibited. 10. Outdoor storage areas shall be fenced for security and public safety by a sight - obscuring fence unless it is determined through the development plan review that a sight -obscuring fence is not necessary. 11. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement or equivalent material to be approved by the city engineer. 12. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced. 13 . Outside storage or operations yards in the M 1 or M 1-C zone shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds or landscaping. Outside storage exceeding a height of fifteen (15) feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. E4. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds or landscaping. F5. Outside storage or operations areas shall be fenced for security and public safety at the property line. .6. All vehicular drive-through, drive-in or service bays and similar facilities shall be designed so that such facilities, including vehicular staging or stacking areas, shall be oriented away from the adjacent street. Additional landscaping or fencing may be required to ensure visual screening of these facilities from the adjacent street or properties. 52 147. Loading areas must be located in such a manner that no loading, unloading or maneuvering of trucks associated therewith takes place on public rights-of-way. 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock -high loading areas from public rights-of-way. Berms shall be a minimum of thirty-six (36) inches and a maximum of forty-two (42) inches in height. Landscaping located on the berm shall conform to type III landscaping as described in subsection 15.07.050(C). 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock -high loading areas from public rights-of-way. Berms shall be a minimum of thirty (30) inches in height. Landscaping located on the berm shall conform to type III landscaping described in subsection 15.07.050(C) pertaining to visual buffers. 50. Development plan approval is required as provided in Section 15.09.010. 151. Earth berms and landscaping shall be.provided along street frontages as necessary to screen dock -high loading areas from public rights-of-way. Berms shall be a minimum of twenty (20) inches in height. Landscaping located on the berm shall conform to type III landscaping described in subsection 15.07.050(C) pertaining to visual buffers. 152. Where building walls face adjacent streets and are unfenestrated for more than forty (40) feet at any point along the fagade, additional landscaping shall be required to reduce visual impacts. In such circumstances, Type II landscaping, as defined in Section 15.07.050, shall be required, provided that evergreen trees shall be at least ten (10) feet in height and deciduous trees shall be a minimum of two-inch caliper at the time of planting. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions exist as a result of a conditional use public hearing. The planning director shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of 53 uncommon circumstances. 54. Multi -tenant buildings shall be permitted. 55. All required yards, parking areas, storage areas, operations yards and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The planning director shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such non-compliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 56. The performance standards as provided in Section 15.08.050 shall apply. 157. Off-street parking may be located in required yards except in areas required to be landscaped. 58. Those areas not required to be landscaped may be used for off-street parking. 59. Outdoor storage is allowed only as an accessory use to small scale, light industrial or manufacturing operations where the building, structure or total operation, including all indoor and outdoor storage areas, does not encompass more than ten thousand (10,000) square feet of total area. 60. Signage on commercial uses in the M1 -C zone shall be as specified in Subsection 15.06.050(B). Signage on industrial uses in the MI -C zone shall be as specified in Subsection 15.06.050(E). SECTION 3. Section 15.05.040 of the Kent City Code is hereby amended las follows: Sec. 15.05.040. Parking standards for specific activities. Standards for the number of parking spaces for specific activities are indicated in the following chart: SPECIFIC LAND USE PARKING SPACE REQUIREMENT Living activities Single-family jTwo (2) parking spaces per single-family dwelling 54 Duplex Two (2) parking spaces per dwelling unit. Multifamily' One (1) parking space per unit for efficiency apartments in all sized developments; two (2) parking spaces for each dwelling unit for developments with forty-nine (49) or less dwellin nits; one and eight -tenths (1.8) parking spaces pe dwelling unit for developments of fifty (50) or mor dwelling units. For developments of fifty (50) o ore dwelling units, one (1) parking space for eac fifteen (15) dwelling units for recreation vehicles. Multiple dwellings for low-income One (1) parking space for each two (2) dwelling elderly 2 units. Accessory dwelling unit One off-street parking space per accessory unit is required in addition to the required parking for the single-family home. The planning director may waive this requirement where there are special circumstances related to the property and its location. The surface of a required ADU off-street parking space shall comply with Kent City Cod section 15.05.090(C). Boardinghouses and lodging houses One (1) parking space for the proprietor, plus on (1) space per sleeping room for boarders or lodgin use, plus one (1) additional space for each four (4) persons employed on the premises. Mobile and—Manufactured home Two (2) parking spaces for each mobile home site arks plus one (1) screened space for each ten (10) lots fo recreation vehicles. Recreational vehicle park One (1) parking space for each site. Hotels One (1) parking space for each guest room, plus tw (2) parking spaces for each three (3) employees. Commercial activities Banks One (1) parking space for each two hundred (200) square feet of gross floor area, except when part o shopping center. Professional and business offices One (1) parking space for each two hundred an fifty (250) square feet of gross floor area, except when part of a shopping center. Shopping centers Four and one-half (4.5) spaces per one thousandl (1,000) square feet of gross leaseable area (GLA) 55 56 for centers having GLA of less than four hundred thousand (400,000) square feet, and five (5.0) spaces per one thousand (1,000) square feet of GL for centers having a GLA of over four hundred thousand (400,000) square feet. Restaurants, nightclubs, taverns an One (1) parking space for each one hundred (100) lounges square feet of gross floor area, except when part o shopping center. Retail stores, supermarkets, One (1) parking space for each two hundred (200) department stores and personal square feet of gross floor area, except when locate service shops in a shopping center. Other retail establishments; furniture One (1) parking space for each five hundred (500) appliance, hardware stores, square feet of gross floor area, except when locate household equipment service shops,in a shopping center. clothing or shoe repair shops Drive-in business One (1) parking space for each one hundred (100) square feet of gross floor area, except when locate in a shopping center. Uncovered commercial area, new an One (1) parking space for each five thousand used car lots, plant nursery (5,000) square feet of retail sales area in addition t any parking requirements for buildings, except when located in a shopping center. Motor vehicle repair and services One (1) parking space for each four hundred (400) square feet of gross floor area, except when part o a shopping center. Industrial showroom and display One (1) parking space for each five hundred (500) square feet of display area. ulk retail stores 11350) ne (1) parking space for each three hundred fifty square feet of gross floor area. Industrial activities Manufacturing, research and testing One (1) parking space for each one thousand laboratories, creameries, bottling (1,000) square feet of gross floor area. For parkin establishments, bakeries, canneries, requirements for associated office areas, se printing and engraving shops Professional and business offices. Warehouses and storage buildings One (1) parking space for each two thousan (2,000) square feet of gross floor area. Maximu 56 57 office area of two (2) percent of gross floor are may be included without additional parking requirements. Speculative warehouse and industria One (1) parking space for each one thousand buildings with multiple use or tenan (1,000) square feet of gross floor area if building potential size is less than one hundred thousand (100,000) square feet, or one (1) parking space for each two thousand (2,000) square feet of gross floor area fo buildings which exceed one hundred thousand (100,000) square feet gross of floor area. This is minimum requirement and valid for construction permit purposes only. Final parking requirements ill be based upon actual occupancy. Recreation -amusement activities Auditoriums, theaters, places of One (1) parking space for each four (4) fixed seats public assembly, stadiums and or one (1) parking space for each one hundred (100 outdoor sports areas square feet of floor area of main auditorium or o principal place of assembly not containing fixe seats, whichever is greater. Bowling alleys Five (5) spaces for each alley, except when locate in a shopping center. Dance halls and skating rinks One (1) parking space for each two hundred (200) square feet of gross floor area, except when locate in a shopping center. Golf driving ranges One (1) parking space for each driving station. Miniature golf courses One (1) parking space for each hole. Recreational buildings, whether One (1) parking space for each two hundred (200) independent or associated with a square feet of gross floor area. Such spaces shall b multifamily complex located adjacent to the building and shall be designated for visitors by signing or other special markings. Educational activities Senior high schools, public, parochia 10ne (1) space for each employee plus one space fo 57 and private each ten (10) students enrolled. In addition, if buse for the transportation of children are kept at the school, one (1) off street parking space shall be, provided for each bus, of a size sufficient to par each bus. One (1) additional parking space for each one undred (100) students shall be provided for visitor in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer Colleges and universities andTwo and one-half (2 1/2) parking spaces for each business and vocational schools employee, plus one (1) space for each three (3) students residing on campus, plus one (1) space fo each five-day student not residing on campus. I addition, if buses for transportation of students are kept at the school, one (1) off street parking space shall be provided for each bus, of a size sufficient t ark each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitor in the vicinity of or adjacent to the administration portion of the building or complex. Such parking spaces shall be so designated by signing or other special marking as approved by the traffic engineer Elementary and junior high Two and one-half (2 1/2) parking spaces for each employee. In addition, if buses for transportation o students are kept at the school, one (1) off street parking space shall be provided for each bus, of size sufficient to park each bus. One (1) additional parking space for each one hundred (100) students shall be provided for visitor in the vicinity of or adjacent to the administration portion of the building or complex. Such parkin spaces shall be so designated by signing or other special marking as approved by the traffic engineer Libraries and museums One (1) parking space for each two hundred fifty (250) square feet in office and public use. Pay care centers Pne (1) parking space for each employee, plus 58 1. Recreational vehicle parking spaces shall be in defined, fenced and screened areas with a minimum of a six -foot -high sight -obscuring fences or landscaping as determined by the planning department, or the developer may provide areas of usable open space equal to that area that would be required for recreational vehicle parking. A vehicle less than twenty (20) feet long that is used as primary transportation is not subject to recreational W loading and unloading areas. Medical activities Medical and dental offices One (1) parking space for each two hundred (200) square feet of gross floor area, except when locate in a shopping center. Convalescent, nursing and healt One (1) parking space for each two (2) employees institutions plus one (1) parking space for each three (3) beds. Hospitals One (1) parking space for each three (3) beds, plus one (1) parking space for each staff doctor, plus on (1) parking space for each three (3) employees. Religious activities Churches One (1) space for each five (5) seats in the mai auditorium, provided that the spaces for any churc shall not be less than ten (10). For all existing churches enlarging the seating capacity of their auditoriums, one (1) additional parking space shal e provided for each five (5) additional seats rovided by the new construction. For all existing churches making structural alterations or addition which do not increase the seating capacity of the auditorium, no additional parking need be provided Mortuaries or funeral homes One (1) parking space for each one hundred (100) square feet of floor area of assembly rooms. Other uses For uses not specifically identified in this section, he amount of parking required shall be determine y the planning department, based on staff experience, parking required for similar uses, and, if appropriate, documentation provided by the applicant. 1. Recreational vehicle parking spaces shall be in defined, fenced and screened areas with a minimum of a six -foot -high sight -obscuring fences or landscaping as determined by the planning department, or the developer may provide areas of usable open space equal to that area that would be required for recreational vehicle parking. A vehicle less than twenty (20) feet long that is used as primary transportation is not subject to recreational W vehicle parking regulations. If open space in lieu of recreational vehicle parking is provided, its appropriateness will be determined at the time of development plan review by the planning department. Where enclosed garages are utilized to provide parking required by this title, an eighteen - foot stacking space shall be provided in front of such garage units. Provided, however, the planning director shall have the authority to approve alternative plans where the developer can assure that such garage units will continue to be available for parking purposes and will not cause on-site parking or circulation problems. These assurances including but are not limited to: (1) covenants that run with the land or homeowners association that require garages to be utilized for the storage of vehicles, (2) maintenance of drive aisle widths of twenty-six (26) feet in front of each garage unit, and (3) maintenance of minimum clearances for fire lanes on the site. 2. Exceptions for senior citizen apartments in multifamily buildings in the central business district a. Approved building plans must show one and eight -tenths (1.8) spaces per dwelling unit and also shall show which spaces are not to be initially installed. The additional spaces, plus any required landscaping, shall be installed if at any time the structure is not used for senior citizen apartments or if the facility shows a continued shortage of parking. b. The requirement of one (1) space per dwelling unit may be reduced to no less than one (1) space for every two (2) dwelling units plus employee parking as determined by the planning director. The planning director shall base his decision on the following: (1) Availability of private, convenient, regular transportation services to meet the needs of the tenants; (2) Accessibility to and frequency of public transportation; (3) Pedestrian access to health, medical and shopping facilitie: (4) Minimum age requirement to reside in subject apartment: (5) Special support services offered by the facility. C. Special parking for recreational vehicles will not be required as Ion; as the facility does not permit recreational vehicles other tha campers or vehicles that will fit into a normal-sized parking stall. I recreational vehicles are to be permitted on the development, the; must be screened and fenced. d. Compact stalls will not be permitted except for one-third of th, required employee parking. B. Mixed occupancies or mixed use if one occupancy. In the case of two (2) or mor, uses in the same building, the total requirements for off street parking facilitie shall be the sum of the requirements for the several uses computed separately except in shopping centers, and except as provided in the mixed use overlay Sectioi 15.04.200. Off street parking facilities for one (1) use shall not be considered a providing required parking facilities for any other use, except as permitted ii subsection C. of this section pertaining to joint use. C. Joint use. The minimum amount of off-street parking required by section 15 05 041 A. may be reduced by the planning director when shared narking facilities for tw( (2) or more uses are proposed if: 1. The total parking area exceeds five thousand (5,000) square feet,• 2. The parking facilities are designed and developed as a single on -sit( common parking facility, or as a system of on-site and off-site facilities i all facilities are connected with improved pedestrian facilities and locate( within five hundred (500) feet of the buildings or use areas they ar( intended to serve: 3. The amount of reduction in off-street parking does not exceed ten (10 percent per use unless it is documented that the peak parking demand hour! of two (2) or more uses are separate by at least one (1) hour; 61 4. The subject properties are legally encumbered by an easement or other appropriate means which provides for continuous joint use of the parking facilities. Documentation shall require review and approval by the city attorney; and 5. The total number of parking spaces in the shared parking facility is not less than the minimum required by M single use. D. Employee parking. Where employee parking will be maintained separately and in addition to parking for the general public, the regulations of this subsection shall apply: 1. Minimum parking stall sizes aisle widths and Dercentage of compact car stalls shall be as per other requirements in this cha ter 2. Employee parking must be clearly identified as such and not become parking for theeg neralup blic. 3. If the employee parking is changed to parking for the general public the normal regulations for offstreet parking shall be in force. 4. Employee parking shall not be in lieu of parking requirements per activity as stated in this section. Temporary parking facilities. Temporga parking facilities may be permitted by the planning director when it has been shown that: 1. The existing use of the subject property has adequate legal nonconforming parking or that existing parking conforms to the applicable standards of this title. 2. The temporary parking facility is primarily intended to serve the public at large and not the existing use on the property. 3. The temporM parkin facility acility serves a public need 4. The temporary facility meets the following minimum standards: a. There shall be a minimum of two hundred eighty-five (285) square feet gross area per stall. b. The pavement section shall be a minimum of four (4) inches of five - 62 eighths -inch minus C.R. crushed rock with bituminous surface treatment, subject to engineering department review. C. Onsite drainage control and detention shall be provided per the drainage ordinance. d. Ingress and egress and interior circulation and perimeter control shall be subject to traffic engineer approval F. Compact car parking 1. Parking stall size shall be a minimum of eight (8) feet by seventeen (17) feet. Aisle width shall be per the requirements of section 15 05 080 and diagram no. 1 following this chapter. 2. Compact car parking spaces shall be clearly identified by signing or other markingas s approved by the city engineer. 3. Compact car parking spaces shall not exceed thirty (30) percent of the total required parking and shall be interspersed equally throughout the entire parking area. 4. See section 15.05.080 and diagram no. 2 following this chapter for typical compact car stall arrangements. 5. No more than four (4) compact car parking stalls shall be placed side by side, or eight (8) head-to-head. G. Transit and rideshare provisions. 1. The planning director may reduce the minimum number of off-street parking stalls for businesses which have a commute trip reduction program filed with the city. Based upon a review of this program and input from other staff members, a reduction of up to twenty (20) percent of the minimum standard may be approved. Any reduction in the amount of required parking is only valid for as long as the approved CTR program is in effect. An invalidated program or a change in use or operations would result in the application of the underlying standards per section 15.05.040 A. of the zoning code. 63 2. The planning director may reduce the number of required off-street parking stalls for businesses which do not have a commute trip reduction program by one (1) stall for every two (2) car pool stalls and/or one (1) stall for evejy one 1) van pool staff if: La,) Reserved rideshare parking is located convenient to the primary employee entrance; Reserved areas are clearly marked by signs for use by Uproved and qualified rideshare vehicles; Lc,) The use of reserved areas for rideshare parking is actively enforced by the employer-, and Ld,) The total reduction in the number of parking stalls does not exceed ten (10) percent of the required stalls. SECTION 4. Section 15.06.050 of.the Kent City Code is hereby amended by adding a new subsection (H) as follows: Sec. 15.06.050. Regulations for specific districts. In all districts the planning director shall have the option to waive sign type requirements in unique and special cases due to building design or other special circumstance the development is unable to 1conform to stated standards. Signs permitted in residential districts. 1. Identification signs for single-family dwellings and duplexes. One (1) identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed a height of six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard or mailbox, and shall be unlighted or provided with indirect illumination. Home occupations shall not be allowed additional sign area. 2. Identification signs for multifamily dwellings. One (1) identification sign shall be permitted for each development, except that multiple -family dwellings with more than one (1) street frontage may be allowed an additional sign for each street frontage of such lot. Each sign shall not exceed an area of twenty-five (25) square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six (6) feet above the ground if freestanding. 3. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. B. Signs permitted in neighborhood convenience commercial, community commercial, general commercial and commercial manufacturing districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one (1) square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign for each street frontage if not located in a shopping center, and three (3) additional signs. a. Freestanding sign. The freestanding sign shall not exceed a height of thirty (30) feet. The maximum sign area permitted is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. The sign may be illuminated. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: (1) The total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. (2) On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The projecting sign may not exceed fifteen (15) square feet in outside dimension. 65 2. Identification signs for shopping centers. One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, shall be permitted for each street frontage of each shopping center. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. A freestanding sign shall not exceed a height of thirty (30) feet, and may be illuminated. 3. Automobile service station signs. The aggregate sign area for any corner lot shall not exceed one (1) square foot for each foot of lot frontage, and the aggregate sign area for any interior lot shall not exceed one and one-half (1 1/2) square feet for each foot of lot frontage; and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Freestanding signs. One (1) freestanding lighted double-faced identification sign, not exceeding two hundred (200) square feet for the total of all faces, with no such face exceeding one hundred (100) square feet, is permitted. Such sign shall not exceed a height of thirty (30) feet. If on a corner lot, two (2) monument signs not exceeding one hundred (100) square feet per sign for the total of all faces are permitted. Such monument signs shall not exceed a height of fifteen (15) feet. Freestanding signs shall be lighted during business hours only. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: the total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. C. Fuel price signs. Fuel price signs shall be included in the aggregate sign area. 4. Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way. C. Signs permitted in downtown commercial and downtown commercial enterprise districts. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one (1) foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for multitenant buildings. a. Wall sign. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage. The sign shall not exceed a total of five (.5) percent of the facade to which it is attached. The sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection a. or the identification sign described in subsection C. Lb. of this section. b. Freestanding sign. Each building may have one (1) freestanding sign on each street frontage. The sign may not exceed fifteen (15) feet in height. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. Multitenant freestanding signs shall not name or advertise the individual tenants of the building. 2. Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two (2) wall signs. Such signs shall not exceed ten (10) percent of the facade of the individual business unit. Aggregate sign area shall not apply. 3. Identification signs for single -tenant building. a. Each building may have one (1) freestanding sign for each street M frontage. The sign may not exceed a height of fifteen 15 44ft(30) feet. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet. b. Three (3) additional signs shall be permitted. All signs are subject to the aggregate sign area allowed. The total area of all signs, graphics or other types of signs shall not exceed ten (10) percent of the facade to which they are attached or on which they are displayed. Signs permitted in office district. 1. Generally One (1) freestanding double-faced identification sign shall be permitted for each lot. The sign shall not exceed a maximum area of fifty (50) square feet for the total of all faces. No one (1) face shall exceed twenty-five (25) square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and shall be unlighted or provided with indirect illumination. 2. Identification signs for buildings. One (1) identification sign shall be permitted for each principal building. The sign shall not exceed an area of five (5) percent of the facade to which it is attached, shall be attached flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be unlighted or provided with indirect illumination. Such signs shall not advertise or name individual tenants of the building. 3. Identification signs for occupancies. Signs not exceeding a total of five (5) percent of the facade of the business unit to which they are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. Signs permitted in industrial districts. 1. Aggregate sign area. The aggregate sign area for lots in the MA and M1 districts shall not exceed one-half square foot for each foot of street frontage. The aggregate sign area for lots in the M2 and DLM districts shall not exceed three-fourths square foot for each foot of street frontage. The aggregate sign area for lots in the M3 district shall not exceed one (1) square foot for each foot of street frontage. In no case shall the aggregate sign area exceed one-half square foot for each foot of street frontage on a corner lot. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for buildings. One (1) identification sign shall be permitted for each lot on each street frontage, which may be a freestanding sign or a wall sign. The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet. If the sign is a wall sign its size shall not exceed twenty (20) percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet. The sign may be illuminated. b. Identification signs for occupancies. One (1) identification sign shall be permitted for each occupancy on each street frontage and shall be a wall sign. The maximum size of the sign shall be ten (10) percent of the building facade. This sign may be illuminated. If the identification sign permitted under subsection E. La. of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage. 2. Farm product identification signs. No permit is required, but the sign may not be located in the public right-of-way. Signs permitted in planned unit developments, special use combining districts and mobile home park districts and for conditional uses. All signs in planned unit developments, special use combining districts and mobile home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan. Subsequent changes which conform to the •e adopted signing program may be granted by the planning director. G. Signs permitted in shopping centers. The aggregate sign area for each occupant of a shopping center shall not exceed twenty (20) percent of the front facade of the unit. Wall signs are permitted on each exterior wall of the individual business unit, A minimum of thirty (30) square feet shall be permitted for any occupancy. Nc combination of signs shall exceed ten (10) percent of the facade to which they are attached. If there is an attached canopy or overhang, a ten -square -foot sign may be attached to the canopy or overhang in addition to the other permitted signs. Such sign shall be at least eight (8) feet above any pedestrian walkway. H. Signs permitted in GWC zoning district. 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for corner lots shall not exceed three-fourths square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. a. Identification signs for occupancies. Each business establishment may have one (1) freestanding sign per street frontage if not located in a shopping center, and one (1) wall sign per street frontage L1,) Freestanding signs. Freestanding signs shall not exceed a height of fifteen (15) feet. The maximum sign area permitted is one hundred 000_ square feet for the total of all faces. No one (1) face shall exceed fifty (50) square feet The sign may be illuminated. Freestanding signs shall not rotate. Wall signs One (1) wall sign per street frontage shall be permitted. The total area of all signage, graphics or other advertising shall not exceed ten (10) percent of the building facade to which it is attached. b. Identification sib for shopping centers. One (1) freestanding or 70 area permitted for a freestanding sign is one hundred (100) square feet. No one (1) face shall exceed fifty (50) square feet Freestanding signs shall be limited to fifteen (15) feet in height. The sign may be illuminated. Freestanding signs shall not rotate One (1) wall sign shall be permitted per occupancy, except that anchor tenants (business establishments with a store frontage of at least one hundred (100) feet in length) shall be allowed two (2,) wall signs The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which the signs are attached. SECTION S. Section 15.07.060 of the Kent City Code is hereby amended y amending Subsection 15.07.060(L)(1)(b).as follows: Sec. 15.07.060. Regulations for specific districts. Landscaping regulations for pecific zoning districts are as follows: Residential agricultural, RA. None. Single-family residential, SR None. Duplex multifamily residential, MR -D. None. Low density multifamily residential, MR -G. Medium density multifamily residential, MR -M. High density multifamily residential, MR -H 1. A minimum of ten (10) feet of landscaping shall be provided abutting a public right-of-way. 2. Open green area shall occupy no less than twenty-five (25) percent of the area of the lot. 3. The side and rear perimeters of properties shall be landscaped to a minimum depth of ten (10) feet. 71 4. A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any multifamily structure. Foundation landscaping consists of shrubbery or some other combination of landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light, glare and other environmental intrusions. Mobile home park combining district, MHP. Requirements shall be per the mobile home park code. Neighborhood convenience commercial, NCC Community commercial, CC Commercial manufacturing, CM. General commercial, GC. Professional and office district, O 1. The perimeter of property abutting a residential district shall be landscaped to a minimum depth of ten (10) feet. 2. A planting strip not less than five (5) feet in depth shall be provided along all property lines abutting public rights-of-way. Downtown commercial, DC. 1. A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in section 15.09.048. 2. Street trees in accordance with the official tree plan shall be planted. Downtown commercial enterprise, DCE Downtown limited manufacturing, DLM. 1. The perimeter of properties abutting a residential district shall be landscaped to a minimum depth of ten (10) feet. 2. A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in section 15.09.048. 3. Street trees in accordance with the official tree plan shall be planted. 72 I. Industrial agricultural, MA (industrial uses) Industrial park district, M I. 1. Front yard. The front twenty (20) feet shall be improved with appropriate permanently maintained landscaping. 2. Side yard. At least fifteen (15) feet of the side yard shall be landscaped as provided in subsection I.1. of this section. J. Limited industrial district, M2. 1. Front yard. The front fifteen (15) feet shall be improved with appropriate permanently maintained landscaping. 2. Side yard. At least ten (10) feet of the side yard shall be landscaped as provided in subsection J.1. of this section. K. General industrial district, M3. 1. Front yard. The front ten (10) feet shall be improved with appropriate permanently maintained landscaping. 2. Side yard. At least five (5) feet of the side yard shall be landscaped as provided in subsection K.1. of this section. L. Gateway commercial district, GWC. 1. Additional landscaping requirements. Landscaping requirements shall include the following: a. Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth, with an earth berm at least thirty-six (36) inches in height, shall be provided. b. A A41 landscape strip at least five (5) feet in depth shall be provided along the side property lines of all independent development sites. No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross -access easement is provided to serve the adjoining 73 properties. Where the side property line of a commercial use abuts a residential district, a landscape strip at least ten (10) feet in depth shall be provided. C. A landscape strip of at least fifteen (15) feet in depth shall be provided along side property lines flanking the street of a corner lot. Where vehicular parking areas abut the required side yard, an earth berm at least twenty-four (24) inches in height shall be provided. d. A landscape strip of at least five (5) feet in depth shall be provided along all rear property lines. Where the rear property line of a commercial use abuts a residential use, a landscape strip of at least ten (10) feet in depth shall be provided. SECTION 6. Section 15.08.020 of the Kent City Code is hereby amended as follows: Sec. 15.08.020. Special permit uses. The following uses are permitted in the several districts in which they are listed as special permit uses provided that they conform to the development standards listed in this section in addition to conforming to the development standards of the zoning district in which the use is located: A. Churches (excluding drive-in churches, which are conditional uses). 1. Minimum lot area. Minimum lot area is one (1) acre in SR zones; in other zoning districts it shall be the minimum lot area of the underlying district. 2. Front yard. There shall be a front yard of at least twenty (20) feet in depth. 3. Side yard Each side yard shall be a minimum of fifteen (15) feet in width. 4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth. 5. Ingress and egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off public streets. 6. Landscaping All yard areas must be landscaped. 7. Day care centers. Day care centers in churches must also provide the required play area as provided in subsection B. of this section. 74 8. Parking; signs. Off-street parking and sign regulations shall be observed. B. C,. Gasoline service stations (with or without retail convenience grocery sales). The provision of gasoline pumps shall not be considered incidental or secondary to a permitted use, and must conform to the requirements of this section. 1. Minimum lot area. Minimum lot area is fifteen thousand (15,000) square feet. 2. Lot frontage. There shall be at least one hundred twenty (120) feet of frontage on a public street. 3. Pump setbacks. The pump island shall be set back fifteen (15) feet from the public right-of-way and any property lines. 4. Lubrication facilities. Lubrication shall be done within an enclosed building. 5. Buffering of adjacent property. A solid or woven fence, free of advertising, shall be maintained along property lines which flank residential districts. 6. Lighting. Lighting devices shall be shaded so as not to glare into residential districts. 7. Hours. Gasoline service stations providing automobile repair services abutting residential districts shall limit their hours of operation from 6:00 a.m. to 9:00 p.m. Signs shall not be lit when the service station is closed. 8. Ingress and egress. Driveway widths and separation shall be reviewed and approved by the Public Works Department. There shall be not more than two (2) driveways per public right-of-way. 9. Parking. Off-street parking shall be provided in compliance with chapter 15.05. 10. Signs. The sign regulations of chapter 15.06 shall apply. 11. Grocery sales facilities. Convenience grocery sales facilities shall be limited to a maximum size of three thousand (3,000) square feet of gross floor area in zones which do not allow retail grocery sales as a principally permitted use. 12. General development standards. Development standards and criteria of the 75 underlying zoning district shall apply unless otherwise noted in this section. 13. Storage of motor fuels. Quantity limitations on hazardous substance land) uses, including onsite hazardous waste treatment or storage facilities, shall not apply to motor fuels that may be stored on the site for the permitted use. C.1- Drive-in restaurants. 1. Minimum lot area. Minimum lot area is fifteen thousand (15,000) square feet. 2. Front yard. There shall be a front yard of at least twenty (20) feet in depth. 3. Side yard Each side yard shall be at least twenty (20) feet in width. 4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth. 5. Ingress and egress. Driveway widths shall not be greater than thirty (30) feet, and driveways shall not be closer together than twenty-five (25) feet. Driveways shall not be closer than five (5) feet to a property line. There shall be not more than two (2) driveways per public right-of-way. 6. Landscaping A ten -foot strip is required along street rights-of-way, except at points of ingress and egress to the property. A five-foot strip of landscaping along side lot lines shall be provided. Landscaping shall be provided in a manner assigned by the planning department at the time of development plan review. SECTION 7. Section 15.08. 100 of the Kent City Code is hereby amended amending Subsection 15.08.100(B) as follows: Sec. 15.08.100. Nonconforming development. Purpose. The intent and purpose of this section is to: 1. Ensure reasonable opportunity for use of legally created lots which do not meet current minimum requirements for the district in which they are located. 2. Ensure reasonable opportunity for use, maintenance and improvement of legally constructed buildings, structures and site development features 76 which do not comply with current minimum requirements for the district in which they are located. 3. Ensure reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the district in which they are located. 4. Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on conforming uses. 5. Encourage the eventual upgrading of nonconforming buildings, structures and site development features which do not comply with current minimum requirements for the district in which they are located. Applicability. Nonconforming uses, structures, lots or signs are not favored by law and this title, and it is to avoid injustice that this title accepts such elements. To benefit from the protection given to nonconforming development, such use, structure, 49t or sign must have been lawfully established prior to the effective date of this chapter or subsequent amendments there to, or pursuant to a county resolution in effect at the time of annexation which rendered it nonconforming. This section distinguishes between and defines nonconforming uses, major nonconforming buildings and structures, minor nonconforming buildings and structures, nonconforming lots of record and nonconforming signs. Different requirements are made applicable to each of these categories. The degree of restriction made applicable to each separate category is dependent upon the degree to which that category of nonconformance is a nuisance or incompatible with the purpose and requirements of this title. Nonconforming uses. 1. Applicability of restrictions. Regulations applicable to nonconforming uses are in addition to regulations applicable to nonconforming structures, lots and signs, and in the event of any conflict the most restrictive provisions shall apply. 2. Expansion of nonconforming uses. No existing building, structure or land 77 devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure or land is located except as follows: When authorized by conditional use permit, a nonconforming use may be expanded, enlarged, extended, reconstructed, intensified or structurally altered. 3. Change of nonconforming use. When authorized by the planning director, a nonconforming use may be changed to a use of a like or more restrictive nature. 4. Extension of nonconforming use. When authorized by the planning director, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no structural alterations except those required by law are made therein. 5. Discontinuance of nonconforming use. When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of six (6) months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the six-month period of discontinuance. 6. Reversion to nonconforming use. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed. 7. Residential exception to nonconforming use status. Legally established residential uses located in any residential zoning shall not be deemed nonconforming in terms of density provisions and shall be a legal use. Nonconforming buildings and structures. 1. Applicability of restrictions Regulations applicable to nonconforming structures are in addition to regulations applicable to nonconforming uses, 78 lots and signs, and in the event of any conflict the most restrictive provisions shall apply. 2. Major nonconforming buildings and structures. No major nonconforming structure may be expanded, enlarged, extended, reconstructed or structurally altered or changed, nor may any major nonconforming building, structure or lot be occupied after discontinuance of change in use, unless the structure, use and associated grounds and development are brought into compliance with use and minimum development standards of the district in which such structure is located, except as follows: a. Any major nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot or other natural disaster, may be restored, reconstructed and used as before, provided that the work be vested by permit application within one (1) year of such happening; any restoration or reconstruction not vested by permit application within 12 months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored. b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a major nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning director. 3. Minor nonconforming buildings and structures. No minor nonconforming structure may be expanded, enlarged, extended, reconstructed or otherwise structurally altered or changed, nor may any minor nonconforming building, structure or lot be occupied after discontinuance or change in use, unless the structure and associated grounds and development are brought into compliance with the minimum development standards of the district in which such structure is located, except as follows: a. Any minor nonconforming structure damaged by fire, flood, 79 explosion, wind, earthquake, war, riot or other natural disaster, may be restored, reconstructed and used as before, provided that the work be vested by permit application be completed within one (1) year of such happening-; any restoration or reconstruction vested by permit application 12 months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored. b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a minor nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning director. 4. Planning director's authority. The planning director may waive specific development standard requirements or impose additional requirements when all the following criteria are met: a. When owing to special circumstances a literal enforcement of the provisions of this title or other land use regulatory ordinances of the city will result in unnecessary hardship. b. When the waiver of development requirements is in harmony with the purpose and intent of city ordinances and the comprehensive plan. C. When the proposed use, building and development will function without adverse impact upon adjacent property, development in the area or the city as a whole. d. When a conditional use permit is not required. Nonconforming lots. 1. Applicability of restrictions. Regulations applicable to nonconforming lots are in addition to the regulations applicable to nonconforming uses, structures and signs, and, in the event of conflict, the most restrictive provisions shall apply. 2. Nonconforming lots of record a. Residential districts. (1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of June 20, 1973, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located. (2) In all single-family zoning districts, with the exception of the R1-5.0 zoning district, if two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to June 20, 1973, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title. (3) In the R1-5.0 zoning district, if two (2) or more single- family zoned lots or combination of lots and portions of lots 81 with continuous frontage in single ownership are of record prior to June 20, 1973, and if all or part of the lots do not meet the following minimum requirements established for lot width, lot area and topography, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title. (a) Minimum lot area: Four thousand six hundred (4,600) square feet. (b) Minimum lot width: Forty (40) feet. (c) Maximum site slope: Fifteen (15) percent. b. Other districts. In any other district, permitted building and structures may be constructed on a nonconforming lot of record, provided site coverage, yard, landscaping and offstreet parking requirements are met. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership prior to June 20, 1973, and if all or part of the lots do not meet the minimum requirements established for lot width and area the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title. F. Nonconforming signs. 1. Applicability of restrictions. Regulations applicable to nonconforming signs 82 are in addition to regulations applicable to nonconforming uses, structures and lots, and in the event of conflict the most restrictive provisions shall apply. 2. Continuation of nonconforming signs. a. Signs that were legally existing as of the effective date of this title or subsequent amendments thereto that do not conform to the regulations of this title shall be considered nonconforming signs. Nonconforming signs may not be moved, relocated, altered or added to without receiving approval from the planning department. b. No sign permit shall be issued to allow legal signs on property having an illegal or nonconforming sign until such time as the nonconforming or illegal sign is modified to conform to this title. 3. Amortization period. a. Abandoned signs. Abandoned signs must be removed within ninety (90) days. b. Number and type of signs. The number and type of allowable signs for each occupancy must conform to the regulations of this title. SECTION 8. Chapter 15.08 of the of the Kent City Code is hereby amended by adding a new section, Section 15.08.400 as follows: Sec. 15.08.400. Planned unit development, PUD. The intent of the PUD is to a process to promote diversity and creativity in site design, and protect and enhance and community features. The process is provided to encourage unique cents which may combine a mixture of residential, commercial and industrial uses. using flexibility in the application of development standards, this process will promote that will benefit citizens that live and work within the city. A. Zoning districts where permitted. PUD's are permitted in all zoning districts with the exception of the A-1, agricultural zone, provided, however, that PUDs in SR zones are not only allowed if the site is at least one hundred (100) acres in size. 83 B. Permitted uses. 1. Principally permitted uses. The principally permitted uses in PUD's shall be the same as those permitted in the underlying zoning classifications except as provided in subsection 15.04.080 B.(4). 2. Conditional uses The conditional uses in PUD's shall be the same as those permitted in the underlying zoning classification. The conditional use permit review process may be consolidated with that of the PUD pursuant to procedures specified in subsection F. of this section. 3. Accessory uses. Accessory uses and buildings which are customarily incidental and subordinate to a principally permitted use are also permitted. 4. Exceptions. In residential PUD's of ten (10) acres or more, commercial uses may be permitted. Commercial uses shall be limited to those uses permitted in the neighborhood convenience district. In PUDs located in SR zones, attached dwelling units are permitted only if they are condominiums created in accordance with the Washington Condominium Act, RCW ch. 64.34; provided that if a proposed PUD in a single-family zoning district includes condominiums, the density bonus provisions outlined in section 15.04.080 D. shall not apply, and further provided that no condominium building may exceed two (2) stories. Development standards. The following development standards are minimum requirements for a planned unit development: 1. Minimum lot size exclusion. The minimum lot size requirements of the districts outlined in this title shall not apply to PUD's. 2. Minimum site acreage. Minimum site acreage for a PUD is established according to the zoning district in which the PUD is located, as follows: Zones Minimum Site Acreage SR zones (SR -1, SR -2, SR -3, SR -4.5, SR -6, 100 acres SR -8) 84 Multifamily (MR -D, MR -G, MR -M, MR -H) None Commercial, office and manufacturing zones None 3. Minimum perimeter building setback. The minimum perimeter building setback of the underlying zone shall apply. Multifamily transition area requirements shall apply to any multifamily developments (as provided in section 15.08.215), except where specifically exempted by administrative design review (as provided in section 15.09.045). The hearing examiner', may reduce building separation requirements to the minimum required by the building and fire departments according with the criteria set forth in subsection F.I. of this section. If an adjacent property is undevelopable under this title, the hearing examiner may also reduce the perimeter building setback requirement to the minimum standards in the city building and fire codes. 4. Maximum height of structures. The maximum height of structures of the underlying zone shall apply. Multifamily transition area requirements shall apply to any multifamily developments (as provided in section 15.08.215) except where specifically exempted by administrative design review (as provided in section 15.09.045). The hearing examiner may authorize additional height in CC, GC, DC, CM, M1, M2 and M3 zones where proposed development in the PUD is compatible with the scale and character of adjacent existing developments. 5. Open space. a. The standard set forth in this subsection shall apply to PUD residential developments only. Each PUD shall provide a minimum of thirty-five (35) percent of the total site area for common open space. In mixed use PUD's containing residential uses, thirty-five (35) percent of the area used for residential use shall be reserved as open space. b. For the purpose of this section, open space shall be defined as land which is not used for buildings, dedicated public rights-of-way, traffic circulation and roads, parking areas, or any kind of storage. Open space includes but is not limited to privately owned woodlands, open fields, streams, wetlands, severe hazard areas, sidewalks, walkways, landscaped areas, gardens, courtyards or lawns. Common open space may provide for either active or passive recreation. C. Open space within a PUD shall be available for common use by the residents, tenants or the general public, depending on the type of proj ect. 6. Streets. If streets within the development are required to be dedicated to the city for public use, such streets shall be designed in accordance with the standards outlined in the city subdivision code and other appropriate city standards. If streets within the development are to remain in private ownership and remain as private streets, the following standards shall apply: a. Minimum private street pavement widths for parallel parking in residential planned unit developments. Minimum private street pavement widths for parallel parking in residential planned unit developments are as follows: The minimum widths set out in this subsection may be modified upon review and approval by the city fire chief and the city traffic engineer providing they are sufficient to maintain emergency access 86 No Parking One Side Parking Parking (feet) Both Sides (feet) (feet) One-way streets 20 29 38 Two-way streets 22 31 40 The minimum widths set out in this subsection may be modified upon review and approval by the city fire chief and the city traffic engineer providing they are sufficient to maintain emergency access 86 and traffic safety. A maintenance agreement for private street: within a PUD shall be required by the hearing examiner as condition of PUD approval. b. Vehicle parking areas. Adequate vehicular parking areas shall be provided. The required number of parking spaces may vary from the requirements of chapter 15.05 and shall be approved by the hearing examiner based upon a parking need assessment study submitted by the applicant and approved by the planning director. Vehiculai parking areas may be provided by onstreet parking or offstreel parking lots. The design of such parking areas shall be in accordance with the standards outlined in chapter 15.05. C. One-way streets. One-way loop streets shall be no more than one thousand five hundred (1,500) feet long. d. Onstreet parking. Onstreet parking shall be permitted. Privately owned and maintained "no parking" and "fire lane" signs may be required as determined by the city traffic engineer and city fire department chief. 7. Pedestrian walkways. Pedestrian walkways shall be constructed of material deemed to be an all-weather surface by the public works director and planning director. 8. Landscaping. a. Minimum perimeter landscaping of the underlying zone shall apply. Additional landscaping shall be required as provided in chapter 15.07 and section 15.08.215. b. All PUD developments shall ensure that parking areas are integrated with the landscaping system and provide screening of vehicles from view from public streets. Parking areas shall be conveniently located to buildings and streets while providing for landscaping adjacent to buildings and pedestrian access. 87 C. Solid waste collection areas and waste reduction or recycling collection areas shall be conveniently and safely located for onsite use and collection, and attractively site screened. 9. Signs. The sign regulations of chapter 15.06 shall apply. 10. Platting If portions of the PUD are to be subdivided for sale or lease, the procedures of the city subdivision code, as amended, shall apply. Specific development standards such as lot size, street design, etc., shall be provided as outlined in subsection 15.04.080 E. 11. Green River Corridor. Any development located within the Green River Corridor special interest district shall adhere to the Green River Corridor special interest district regulations. 12. View regulations View regulations as specified in section 15.08.060 shall apply to all PUD's. 13. Shoreline master program. Any development located within two hundred (200) feet of the Green River shall adhere to the city shoreline master program regulations. D. Density bonus standards. The density of residential development for PUD's shall be based on the gross density of the underlying zoning district. The hearing examiner may recommend a dwelling unit density not more than twenty (20) percent greater than that permitted by the underlying zone upon findings and j conclusions that the amenities or design features which promote the purposes of this subsection, as follows, are provided: 1. Open space. A four -percent density bonus may be authorized if at least ten (10) percent of the open space is in concentrated areas for passive use. Open space shall include significant natural features of the site, including but not limited to fields, woodlands, watercourses, and permanent and seasonal wetlands. Excluded from the open space definition are the areas within the building footprints, land used for parking, vehicular circulation or rights-of- way, and areas used for any kind of storage. 88 2. Active recreation areas. A four -percent density bonus may be authorized if at least ten (10) percent of the site is utilized for active recreational purposes, including but not limited to jogging or walking trails, pools, children's play areas, etc. Only that percentage of space contained within accessory structures that is directly used for active recreation purposes can be included in the ten -percent active recreation requirement. 3. Stormwater drainage. A two -percent density bonus may be authorized if stormwater drainage control is accomplished using natural onsite drainage features. Natural drainage feature may include streams, creeks, ponds, etc. 4. Native vegetation. A four -percent density bonus may be authorized if at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large open areas. 5. Parking lot size. A two -percent density bonus may be authorized if offstreet parking is grouped in areas of sixteen (16) stalls or less. Parking areas must be separated from other parking areas or buildings by significant landscaping in excess of type V standards as provided in section 15.07.050. At least fifty (50) percent of these parking areas must be designed as outlined in this subsection to receive the density bonus. 6. Mixed housing types. A two -percent density bonus may be authorized if a development features a mix of residential housing types. Single-family residences, attached single units, condominiums, apartments and townhomes are examples of housing types. The mix need not include some of every type. 7. Project planning and management. A two -percent density bonus may be granted if a design/development team is used. Such a team would include a mixture of architects, engineers, landscape architects and designers. A design/development team is likely to produce a professional development concept that would be consistent with the purpose of the zoning regulations. These standards are thresholds, and partial credit is not given for partial attainment. m. The site plan must at least meet the threshold level of each bonus standard in order for density bonuses to be given for that standard. E. Master plan approvals. The master plan process is intended to allow approval of a generalized, conceptual development plan on a site which would then be constructed in phases over a longer period of time than a typical planned unit development. The master plan approval process is typically appropriate for development which might occur on a site over a period of several years, and in phases which are not entirely predicable. 1. Submittal requirements The distinguishing characteristic between a master plan development application and a planned unit development application is that a master plan development proposal is conceptual in nature. However, the master plan application shall provide sufficient detail of the scope of the development, the uses, the amount of land to be developed and preserved, and how services will be provided. The specific submittal requirements are noted below. a. A written description of the scope of the project, including total anticipated build -out (number of units of residential, gross floor area for commercial), and the types of uses proposed; b. A clear vicinity map, showing adjacent roads; C. A fully dimensional site plan, which would show the areas upon which development would occur, the proposed number of units or buildings in each phase of the development, the areas would be preserved for open space or protection of environmentally sensitive features, and a generalized circulation plan, which would include proposed pedestrian and bicycle circulation; d. A generalized drainage and stormwater runoff plan; e. A site map showing contours at not greater than five-foot intervals and showing any wetlands, streams, or other natural features. f. A description of the proposed phasing plan. a g. Documentation of coordination with the Kent school district. h. Certificates of water and sewer availability. i. Generalized building elevations showing the types of uses being proposed. 2. Density. The gross density of a residential master plan project shall be the same as the density allowable in the underlying zoning district. 3. Open space. The criteria in subsection 15.04.080 C.(5) shall apply. 4. Application process. The application process for a master plan application shall be as outlined in subsection 15.04.080 F. 5. Review criteria. The review criteria for a master plan application shall be the same as those outlined in subsection 15.04.080 G. 6. Administrative approval of individual phases. Once a master site plan PUD has been approved pursuant to section 15.04.080 F., any individual phase of the development shall be reviewed and approved administratively, as outlined in chapter 15.09 of this title; provided that for each phase of development that includes a residential condominium, the applicant shall submit a copy of the condominium declaration recorded against the property, and as outlined in RCW 64.34.200. 7. Time limits. The master plan approved by the hearing examiner or city council, as provided in section 15.04.080 F. shall be valid for a period of up to seven years. At the end of this seven-year period, development permits must be issued for all phases of the master plan development. An extension of time may be requested by the applicant. A single extension may be granted by the planning director for a period of not more than two (2) more additional years. 8. Modifications. Once approved, requests for modifications to the master plan project shall be made in writing to the planning director. The planning director shall make a determination as to whether the requested modification is major or minor as outlined in section 15.04.080 I. 91 F. Application process. The application process includes the following steps: informal review process, compliance with the state Environmental Policy Act, community information meeting, development plan review, and public hearing before the hearing examiner. 1. Informal review process. An applicant shall meet informally with the planning department at the earliest possible date to discuss the proposed PUD. The purpose of this meeting is to develop a project that will meet the needs of the applicant and the objectives of the city as defined in this title. 2. SEPA compliance. Compliance with the state Environmental Policy Act and regulations and city SEPA requirements shall be completed prior to development plan review. 3. Development plan review. After informal review and completion of the SEPA process, a proposal shall next be reviewed by city staff through the development plan review process. Comments received by the project developer under the development review process shall be used to formalize the proposed development prior to the development being presented at a public hearing before the hearing examiner. 4. Community information meeting. a. A community information meeting shall be required for any proposed PUD located in a residential zone or within two hundred (200) feet of a residential zone. At this meeting the applicant shall present the development proposed to interested residents. Issues raised at the meeting may be used to refine the PUD plan. Notice shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius of not less than two hundred (200) feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not 92 invalidate the proceedings. b. Nonresidential PUD's not located within two hundred (200) feet of a residential zone shall not require a community information meeting. 5. Public notice and hearing examiner public hearing. The hearing examiner shall hold at least one (1) public hearing on the proposed PUD and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. Written notice shall be mailed first class to all property owners within a radius of not less than two hundred (200) feet of the exterior boundaries of the property subject to the application. Any alleged failure of any property owner to actually receive the notice of hearing shall not invalidate the proceedings. 6. Consolidation of land use permit processes. The PUD approval process may be used to consolidate other land use permit processes which are required by other sections of this title. The public hearing required for the PUD may serve as the public hearing for the conditional use permit, subdivision, shoreline substantial development and rezoning if such land use permits are a part of the overall PUD application. When another land use permit is involved which requires city council approval, the PUD shall not be deemed to be approved until the city council has approved the related land use permit. If a public hearing is required for any of the categories of actions listed in this subsection, the hearing examiner shall employ the public hearing notice requirements for all actions considered which ensure the maximum notice to the public. 7. Hearing examiner decision. The hearing examiner shall issue a written decision within ten (10) working days from the date of the hearing. Parties of record will be notified in writing of the decision. The decision is final unless notice of appeal is filed with the city clerk within fourteen (14) days of receipt by the developer of the decision. For PUDs which propose a use 93 which is not typically permitted in the underlying zoning district as provided in section 15.04.080 B.(4), the hearing examiner shall forward a recommendation to the city council, which shall have the final authority to approve or deny the proposed PUD. For a proposed residential PUD that includes condominiums as outlined in section 15.04.080 B.(4), a condition of approval by the city council shall be that for each development phase, the applicant shall submit a recorded copy of the covenants, conditions and restrictions recorded against the property. Within thirty (30) days of receipt of the hearing examiner's recommendation, the city council shall, at a regular meeting, consider the application. 8. Effective date. In approving a PUD, the hearing examiner shall specify that the approved PUD shall not take effect unless or until the developer files a completed development permit application within the time periods required by this title as set forth in subsection G. of this section. No official map or zoning text designations shall be amended to reflect the approved PUD designation until such time as the PUD becomes effective. G. Review criteria for planned unit developments. Upon receipt of a complete application for a residential PUD, the planning department shall review the application and make its recommendation to the hearing examiner. The hearing examiner shall determine whether to grant, deny or condition an application based upon the following review criteria: 1. Residential planned unit development criteria. a. The proposed PUD project shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional lot -by -lot development and shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan. b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community. C. The proposed PUD project shall provide areas of openness by using techniques such as clustering, separation of building groups, and use of well-designed open space and landscaping. d. The proposed PUD project shall promote variety and innovation in site and building design. Buildings in groups shall be related by common materials and roof styles, but contrast shall be provided throughout the site by the use of varied materials, architectural detailing, building scale and orientation. e. Building design shall be based on a unified design concept, particularly when construction will be in phases. 2. Nonresidential planned unit development criteria a. The proposed project shall have a beneficial effect which would not normally be achieved by traditional lot -by -lot development and not be detrimental to present or potential surrounding land uses as defined by the comprehensive plan. b. Unusual environmental features of the site shall be preserved, maintained and incorporated into the design to benefit the development and the community. C. The proposed project shall provide areas of openness by the clustering of buildings, and by the use of well-designed landscaping and open spaces. Landscaping shall promote a coordinated appearance and break up continuous expanses of building and pavement. d. The proposed project shall promote variety and innovation in site and building design. It shall encourage the incorporation of special design features such as visitor entrances, plazas, outdoor employee lunch and recreation areas, architectural focal points and accent lighting. 95 e. Building design shall be based on a unified design concept, particularly when construction will be in phases. H. Time limits. 1. Application for development permit. The applicant shall apply for a development permit no later than one (1) year following final approval of the PUD. The application for development permit shall contain all conditions of the PUD approval. 2. Extensions. An extension of time for development permit application may be requested in writing by the applicant. Such an extension may be granted by the planning director for a period not to exceed one (1) year. If a development permit is not issued within two (2) years, the PUD approval shall become null and void and the PUD shall not take effect. I. Modifications ofplan. Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning department in the manner and form prescribed by the planning director. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed modification. 1. Minor modifications. Modifications are deemed minor if all the following criteria are satisfied: a. No new land use is proposed; b. No increase in density, number of dwelling units or lots is proposed; C. No change in the general location or number of access points is proposed; d. No reduction in the amount of open space is proposed; e. No reduction in the amount of parking is proposed; £ No increase in the total square footage of structures to be developed is proposed; and g. No increase in general height of structures is proposed. Examples of minor modifications include but are not limited to lot line .M adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes in elevations buildings. 2. Major modifications. Major adjustments are those which, as determined by the planning director, substantially change the basic design, density, open space or other similar requirements or provisions. Major adjustments to the development plans shall be reviewed by the hearing examiner. The hearing examiner may review such adjustments at a regular public hearing. If a public hearing is held, the process outlined in subsection 15.04.080 F. shall apply. The hearing examiner shall issue a written decision to approve, deny or modify the request. Such a decision shall be final. The decision may be appealed to the city council by the filing of written notice of appeal with the city clerk within fourteen (14) days of the date of the developer's receipt of the hearing examiner's decision. SECTION 9. - Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall affect the validity of the remaining portion of this Ordinance and the same shall remain full force and effect. SECTION 10. Savings Clause. Zoning Code provisions amended by this lordinance shall remain in force and effect until the effective date of this ordinance. SECTION 11. - Effective lute. This Ordinance shall take effect and be in force five (5) days from the time of its final approval and passage as provided by law. r/ JIVHIT�, � O. 97 ATTEST: BRENDA JACO R CITY CLERK APPROVED AS ORM: A. LUBOVICH, PASSED: 02 day of , 1999. APPROVED: e day of , 1999. PUBLISHED: .5 a - day of , 1999. I hereby certify that this is a true copy of Ordinance No. 3g39 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P \Crvd\Ordinance\Tjtlel5revision doc BRENDA JAC BE , CITY CLERK 98