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(Secs. 15.04.020;15.04.030); Amended by Ord. 3624 (Repealed by Ord. 3633)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
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P
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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
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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
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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)
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(1o)
(1o)
(10)
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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
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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)
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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
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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
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-P
Section 15.04.040 continued
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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
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AAA
AAAA
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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
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Transportation and transit facilities
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Railway and bus depots, taxi stands
C
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Utilltyand transportation facilities:
C
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Electrical substations, pumping or
regulating devices for the transmission of
water, gas, steam, petroleum, etc
Public facilities. firehouses, police
C
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stations, libraries and administrative
offices of governmental agencies, primary
and secondary schools, vocational
schools and colleges.
Accessory uses and buildings
A
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A(2)
customarily appurtenant to a permitted
I
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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
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Bakeries and Confectionaries
P
P
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Wholesale bakery
P
P
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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
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(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
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Eating and drinking establishments (no
P
P
P(11
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P
P
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(15
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drive-through)
Eating and drinking establishments (with
S(6)
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P
S(6)
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P(2,3)
drive-through)
Eating facilities for employees
A
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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
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16
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17
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(16
A
A
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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
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A = Accessory Uses
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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.
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Sec. 15.04.110. Cultural, Entertainment and Recreation Land Uses.
30
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
p
ca
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C = Conditional Uses
E
ca
A = Accessory Uses
d
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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
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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
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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
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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.
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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)
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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)
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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
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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
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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.
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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.
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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.
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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
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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