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HomeMy WebLinkAbout3612(Amending or Repealing Ordinances) CFN=0131 Zoning Codes Passed — 8/6/2002 Agricultural Lands Revisions to KCC Secs. 15.02.487; 15.03.010; Ch. 15.04; Sec. 15.06.050; Ch. 15.07 & 15.08 Amending Ords. 2785;2786;2810;3050;3142;3162;3275;3290; 3338;3409;3424;3435;3439;3440;3470;3508;3521;3523;3543; 3551;3600 Amended by Ords. 3615;3647;3648;3663;3690;3699;3742;3746; 3750;3753;3759;3761;3770;3792;3830 Amended by Ord. 3907 (secs. 15.040.040;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 (secs. 15.03.010;15.04.190;15.04.195) Amended by Ord. 4003 (secs 15.04.170;15.04.190) Amended by Ord. 4011 (secs. 15.03.010;15.04.020-.195;15.06.050; 15.07.060) ORDINANCE NO. —�3lo SOL AN ORDINANCE of the City Council of the City of Kent, Washington, amending the following text portions of the Kent City Code regarding agricultural lands Section 15 02 487, relating to single-family zoning districts, Section 15 03 010, relating to the establishment and designation of zoning map districts, Chapter 15 04, relating to district regulations, Section 15 06 050, relating to sign regulations, Chapter 15 07, relating to landscaping regulations, Chapter 15 08, relating to general and supplementary zoning regulations, and amending the City of Kent Comprehensive Plan's definitions of Agricultural and adding an Agricultural Support designation WHEREAS, the Washington State Growth Management Act requires internal consistency among comprehensive plan and zoning elements; and WHEREAS, on November 6, 2000, and December 11, 2000, the City Council Planning Committee discussed the existing policies related to agricultural lands and on December 11, 2000, moved to direct staff to analyze the City's policies on property designated Agricultural (A-1) and Agricultural General (AG) on the City's valley floor (hereafter referred to as the "study area"), and WHEREAS, on May 1, 2001, the City Council passed Resolution No 1557 providing that revisions of policies related to agricultural lands as part of the City i,of Kent Comprehensive Plan constitute an issue of community -wide significance that 1 Agricultural Lands promotes the public health, safety, and general welfare in accordance with the definition of an emergency set forth in Chapter 12 02 of the Kent City Code, and WHEREAS, by letter dated September 18, 2001, the Washington State Department of Community, Trade and Economic Development was notified of the City's declared emergency to pursue amendments to the Kent Comprehensive Plan and Zoning Text and Maps regarding agricultural lands, and WHEREAS, City staff divided the study area into three (3) components the southern area, the central area, and the northern area, and WHEREAS, on March 28, 2001, City staff invited all property owners in the study area to an open house and sought their comments on existing and future land use policies for the study area, and WHEREAS, the Land Use and Planning Board held workshops on the following dates in order to analyze the issues related to the study area March 12, 2001, April 23, 2001, May 14, 2001, June 11, 2001, July 9, 2001, October 22, 2001, January 15, 2002, January 28, 2002, and February 25, 2002, and WHEREAS, the Land Use and Planning Board held public hearings on the following dates in order to hear public testimony on the issues relating to the study area September 24, 2001, October 8, 2001, February 11, 2002, and March 25, 2002, and WHEREAS, on March 25, 2002, the Land Use and Planning Board made a recommendation to the City Council regarding the comprehensive plan and zoning code map, text, and use amendments related to the study area, and 2 Agricultural Lands WHEREAS, on January 15, 2002 and April 2, 2002, the City Council held workshops on the issues related to the study area, and on April 16, 2002, the City Council referred the issue to the Planning Committee, and WHEREAS, the Planning Committee discussed the Land Use and Planning Board's recommendation and other related study area issues at meetings on May 7, 2002, and May 21, 2002, referring the matter to the Planning Services Office for further consideration of issues related to the study area, and WHEREAS, the Planning Committee further discussed the Land Use and Planning Board's recommendation and other related study area issues at a meeting on June 4, 2002, and WHEREAS, on June 18, 2002, the City Council held a workshop on the issues related to the study area and referred the issues to the Planning Committee, and WHEREAS, on July 9, 2002, the Planning Committee recommended to the City Council that the Land Use and Planning Board's recommendation be accepted in part and modified in part, and WHEREAS, during the July 16, 2002, meeting, the City Council adopted amendments to the text of the comprehensive plan to amend the Agricultural designation and to add the Agricultural Support designation, and WHEREAS, also during the July 16, 2002, meeting, the City Council amendments to the text of the zoning code to provide for a designation of one (1) unit per ten (10) acres (A-10) to replace the Agricultural, one (1) per acre (A-1) designation in order to preserve agricultural resource lands, to 3 Agricultural Lands remove uses incompatible with agricultural resource uses, and to further define the Agricultural General District, and WHEREAS, the Washington State Environmental Policy Act (SEPA) requires that comprehensive plans be reviewed as to their potential environmental impact, and on March 5, 2002, a Determination of Nonsignificance was issued analyzing the comprehensive plan and zoning amendments inclusive of those adopted by the City Council on July 16, 2002, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION I. Section 15 02 487 of the Kent City Code, entitled "Single-family zoning district," is hereby amended as follows: Sec. 15.02.487. Single-family zoning district. A single-family zoning district is a zoning district with any of the following designations SR -2, SR -3, SR -4 5, SR -6, SR -8, single-family residential, and SR -1, residential agricultural and A-10, agricultural distnct SECTION 2. Section 15 03 010 of the Kent City Code, entitled "Establishment and designation of districts," is hereby amended as follows Sec. 15.03.010. Establishment and designation of districts. The various districts established by this title and into which the city is divided are designated as follows A-10 Agricultural District The stated goal of the city is to preserve prime agricultural land in the Green River Valley as a nonrenewable resource The agriculture zone shall actively encourage the concentration of agricultural uses in areas where incompatibility with urban uses will be minimal to aid in the implementation of those goals Further, such 4 Agricultural Lands classification of prime agricultural land thus recognizes and encourages farming activity as a viable sector of the local economy SR -1 Residential Agricultural District The purpose of the SR -1 zone is to provide for areas allowing low density single-family residential development SR -1 zoning shall be applied to those areas identified in the comprehensive plan for low density development, because of environmental constraints or the lack of urban services AG Agricultural General District The purpose of the AG zone is to provide appropriate locations for agriculturally related industrial and retail uses in or near areas designated for long- term agricultural use Such areas may contain prune farmland soils which may be currently or potentially used for agricultural production SECTION 3. Chapter 15 04 of the Kent City Code, entitled, "District Regulations" is hereby amended 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 KCC 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 Ch 15 03 KCC 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 Ch. 15 09 KCC, the development conditions following the land use table, and any requirements of an overlay zone and the general requirements of the code. 5 Agricultural Lands C 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 Ch 15 09 KCC, the development conditions following the land use table, the development standards stated in KCC 15 08 020, any requirements of an overlay zone and the general requirements of the code D. 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 Ch 15.09 KCC, the development conditions following the land use table, the review criteria stated in KCC 15 09 030, any requirements of an overlay zone and the general requirements of the code E 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 Ch 15 09 KCC, the development conditions following the land use table and any requirements of an overlay zone and the general requirements of the code F 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 G Multiple development conditions If more than one (1) 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 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 6 Agricultural Lands 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 manager to be of the same general character as the principally permitted uses and in accordance with the stated purpose of the district, per KCC 15 09 065 7 Agricultural Lands Sec. 15.04.020. Residential Land Uses. 7Aning Districts Kev P =Principally Persmtted Uses 5 S = Special Uses C= Conditional Uses u m n '� S ro 5 A=Accessory Uses 8 'o 'o ? v vE q 6 s 5& b o 8 5 n A A E c g b E c c E 5 S Q A ro q ce o 6 a A a a 5 "" Q C G C 8 bOy O O O F C R ? 3 O S J j V Ci Ci y o o C U Q a E E o w q = o x s° U D ✓? w w= w ri x c o A o E U u :: °1 °' °' a q d o'cb a teo �o ° d c c ,z O U U E c7 ¢ ego ¢ C v', y `� to vi m 0 F F U x p° i7 EC 5 aC Cr a V U of ^ z N z n a o0 z a a z a a U U U U U V] U 2 i a¢ vi� h m V) o V) V) i i i z U ca M U U o One single-family dwelling per lot P p P P P P P P P P P P P P P All) (l) (1) (1) One duplex per lot P One modular home per lot P P P P P P P P P P P P P Duplexes P P P P P P (22) Multifamily townhouse umas P P P P P P P P P P L (19) (19) (2) (4) (2) (2) (16) (20) (20) C (5) Muldfamav dwellings P p p P P P P P C (2) MC (2) 2) (15) (5) Muldfandly dwellings for senior p P P P P C citizens (2) (2) (2) (15) Mobile homes and manufactured P homes Mobile home parks P P P P P P P (13) (13) (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 P P C C C P Group homes class I -B P P P P P P P P P P C C C P Group homes class 4C C C C C P P P P P P C C C P Group homes class fl -A C C C C C C C C C C C C C C Group homes class 11-B C C C C C C C C C C C C C C Group homes class DL C C C C C C C C C C C C C C Group homes class 111 C C C C C C C C Rebuildlaccessory uses for existing P(6) P P P P P P P P P P P P P P dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) Transitional housing p P (7) (7) Guest cottages and houses A A A A A A A A A (8) (8) (8) (8) (8) (8) (8) (8) (8) (21) (21) (21) (21) (21) (21) (21) (21) (21) Rooming and boarding of not A A A A A A A A A A A more than three persons Farm worker accommodations A A A A (17) (9) (17) (9) 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 A customarily appurtenant to a (18) (18) (]B) (18) (18) (]B) ps) (18) (]B) (18) (]8) (18) permitted use Accessory dwelling unit A A A A A A A A A A A A A A A (10) (10) (10) (10) (10) (]0) (10) (10) (10) (10) (]0) I (10) I (10) 1 10) (10) Zoning Districts Key P = Principally Permitted Uses S = Special Uses v, C= Conditional Uses w v c a 5 A=Accessory Uses i5 41 G$ E F E 5 a1 6 0 E tt a Eo + F'a >, � yp U V V E N N J V H 6 L ci Q S m n _T m cvi S C G F E V E .� .QC N Z V V ❑ O O 3 �% mFb r � '�O 'O � 'O '. G L i Y y 9 W fi f%r �' L•i O Y 30 && $Cp'i U E P+ C T V 9 ai G v ai P. 'O 8j SOp 5 CE ? L W EO C F I-+. 9 6a C y y N y N b Z O Q U U O a a z v o o< Accessory living quarters A A A A A A A A A A A A A A (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) (14) Home occupabuus A A A A A A A A A A A A A A A A A p A A A A A A A A A A A (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) P1) (11) (11) (11) (11) (1 1) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) (11) Service buildings I I I A Storage buildings and storage of A A A A A A A A AA A A A A recreational vehicles (16) (16) (16) (16) (16) (16) (16) (16) (16) (16) (16l(16) (16) Drive -In churches, welfare G 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 facilities (Including emergency (12) (12) shelters), Drive-in churches, retirement homes, 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 [Reserved] 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, which are principally permitted uses. 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 10 Agricultural Lands 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 19 The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR -T zone SR -8, MR -D, MR -G, MR -M, MR -H, 0, O -MU, NCC, CC, GC, DC, or DCE. 20 All multifamily townhouse developments in the MR -T zone shall be condominiums and recorded pursuant to Chapter 64 32 RCW prior to approval of a certificate of occupancy by the city. 21 22 Subject to 15 08160(A) and (B) Accessory buildings One duplex per lot is permitted 11 Agricultural Lands See. 15.04.040 Manufacturing Land Uses. Zoning Districts Key P= Principally Permitted Uses S = Special Uses 5 C= Conditional Uses ° n a F O E A= Accessory Uses 5 > > ..yE�Nq�a�sE0 E ❑ C F F � F U C v ¢ 00 N ❑ v y Q A c" � A� c�� '' 'k E �' ❑ O�� z E b � u u❑ y v z u v E c4 R$ 2 o o G E a E U g p 'c c. q Q T T T T ] JT N O O U E X r."p w it �", w � a A m 7 ^ ] a° EE 3 N N 09 N ll ] E O �o �o is a c y c ❑ q N .o ,� ° � Ee $ U U Q Q' c4 rn V) I Z ti �, Z o O ^ N Nl d b Ca �i C� 0: p'i I ai r. iJ U U U �e. 'c+ r' Q d ti h v, ti GO �' '�' Z U ❑ ❑ G U F. U L V O Manufacturing, processing, blending P P P P P P P(2) and packaging of food and beverage (27) (27) I (27) (27) (27) (27) (27) products C(1) Manufacturing, processing, blending P P P P P P P(2) and packaging of drugs, C(l) pharmaceuticals, todetnes and cosmetics Manufacturing, processing, blending P P P P P P P P(2) and packaging of dairy products and C(1) byproducts industrial Laundry and Dyeing P P P P P P(2) (including been supply and diaper (31) services) C (24) Printing, publishing and allied P P P C P P P P P(2) 1 industries (25) C(1) Chemicals and related products mfg (4 (4 (4 (I) Contractor shops P P C P P (5) (5) C(1) (5) (3) (2) Custom arts and crafts products mfg P P P P P(2) (1 Computers, office machines and P(3) P(3) P(2) equipment mfg Manufacturing and assembly of P(3) P(3) P P P P P(2) Electrical equipment, Appliances, (1) lighting, radio, TV communications, equipment and components Fabricated metal products mfg, P P P P P P P(2) Custom sheet metal mfg, containers, I (1) hand tools, 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, C airframe and shoslar products. (q Hazardous substance land uses A(7) (7) (9) (91 (9) (9) A A A (9)A(7) A A A A C(s) (s) (Ll) (11) (I1) C(s) (15) (15) (15) (f!) C C C C C C C (12) (12) (12) (16) (16) (16) (19) Offices incidental and necessary to A A A A A P P P P P P the conduct of a principally permitted use Warehousmg suit distribution P p p p p p p facilities (26) (20) (20) (20) (29) (2a) (28) C C(1) 1 12 Zoning Districts Kel P = Principally Permitted Uses u S 5 S=Special Uses b � C= Conditional Uses q q 5 A=Accessory Uses E > > ^n ro y5 v v v& is o O p3 O L c z? a E E V E 0 E 1Z b q q q F E S `' H A m t 41 s L a G T T 'E p q S C Z 15j E q 'E e z eE" 2= E U in m b v v i X O Q S E ¢. U GpO a (•i Ed a 7 G O CO ❑❑p N E E O pp E E 'S L Z.• Oa 00 00 00 pp U �o C C Vi C F N b 0o rJ 'f O V it U U a rn ti vi 6i z o o (a c u a z z a a z a c< z x a ce ',� '� m U U U U 2 o b a n y b rn ti rn i i z U C g U U pall-Truck Transfer Uses C C C P P (17) (21) (21) (22) (14) (C) m Outdoor Storage (Including truck P P A A A A C P heavy equipment and contractor A C storage yards as allowed by (1) Development Standards Sections 1504190&1504210) Minlwarelmusea self-storage C P P C P (23) Manufacturing of Soaps, detergents, C P and other basic cleaning and (1) cleansing preparatio ns Manufacturing of Plastics and C P synthetic resins C(1) Manufacturing of Synthetic and C P natural fiber and cloth C(1) Manufacturing of Plywood, C P composition wallboard, and similar C(1) structural wood products Manufacturing of Nonmetallic C P mineral products such as abrasives, (1) asbestm, chalk, pumlct and putty Manufacturing of Heat resisting or C P structural clay produces (brick, his, C(1) or pipe) or porcelain products Manufacturing of Machinery and C P heavy machine tool equipment for C(1) general Industry and mining, agricultural, construction or service industries Manufacturing, processing, P P P P P assembling, and packaging of articles, (32) (32) C (2) produces, or merchandise made from (24) (24) (24) (1) previously prepared natural or (30) (30) (30) synthetic materials Manufacturing, processing, treating, P P P P assembling and packaging of articles, (24) (24) (24) (30) products, or merchandise from (30) (30) (30) C previously prepared ferrous, (1) nonferrous or alloyed metals Complexes which include a P P combination of uses, including a maxture of offlcq storage, and light manufacturing uses Accessory uses and buildings A A A A A A A A A A fifiA A A A A A A A A A A A A A customarily appurtenant to a (31) (l0) (13) (13) (10) (10) (]O) (6) permitted use Impound lots C C (1) 13 See. 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 metal ores, sugar, and fats and oils d Distilling of materials such as bone, coal, coal tar, coke, wood and similar distillates e Heavy metal processes, such as ore reduction or smelting, including furnaces, and including drop forging, drop hammering, boiler plate works and it heavy metal operations (1) Asphalt batclung plants (2) Concrete mixing and batching plants, including ready -mix facilities (3) Rock cruslung plants and aggregate dryers (4) Sandblasting plants f Animal and food processing, including the following and similar (1) Tanning, dressing and finishing of hides, skins and furs 14 Agricultural Lands (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 smular 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 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. 15 Agricultural Lands 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-manufactunng 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 not include vehicular drive-through, drive-in and service bay facilities 7 For permitted uses, hazardous substance land uses, mcludmg 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 8 For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 1102 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 Fuel farm facilities are not allowed in the AG or A-10 zones 9 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 1102 and which do not accumulate more than five thousand 16 Agricultural Lands (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 1102 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 mcrdental 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 1102 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 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 17 Agricultural Lands 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 18 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 1102 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 19 For permitted uses, accessory hazardous substance land uses which are not subject to cleanup permit requirements of chapter 1102 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 20 Warehousing and distribution facilities and the storage of goods or products, except 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 18 Agricultural Lands 23 Mini -warehouses, provided, that the following development standards shall apply for mini -warehouses, superseding those set out in KCC 15.04190 and 1504200- a 504200•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 (150) 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 - (1) Front yard Twenty (20) feet (2) Side yard: Ten (10) feet (3) 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 (1) The off-street parking requirements of chapter 15 05 shall (2) Off-street parking may be located in required yards, except in required to be landscaped I Development plan review Development plan approval is required as ;d in section 15 09 010 Landscaping Landscaping requirements are as follows 19 Agricultural Lands (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 (1) Fifteen -foot drive aisle and ten -foot parking aisle (2) Parking for manager's quarters and visitor parking in 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 depth of five (5) feet n. Building materials If abutting a residential use or zone, residential elements such as brick veneer, wood siding, pitched roofs with shingles, ping and fencing shall be used No uncomplimentary building colors should be when abutting a residential use or zone o Prohibited uses Use is restricted to dead storage only. The following specifically prohibited (1) Auctions (other than tenant hen sales), commercial, wholesale retail sales, or garage sales (2) The servicing, repair or fabrication of motor vehicles, boats, ailers, lawn mowers, appliances or other similar equipment 20 Agricultural Lands (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, smeltermg, 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-onented. Pedestrian-onented 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, er, jewelry and shoe repair, d Food -related shops, including but not limited to, restaurants (including 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 21 Agricultural Lands 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 slaughtenng, et meat packing, and fuel farm facilities. 27 Excluding slaughtering, rendering, curing, or canning of meat or seafood products 28 Except for those goods or products specifically described as permitted to be stored as conditional uses 29 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 32. Excluding paint boiling processes 33 Limited to twenty-five percent (25%) of gross floor area Reference 15 04 080(5) 34 Retail or services uses which exceed the 25% 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 on-site or off-site conditions or either an individual or cumulative basis 35 Reuse or replacement of existing structures for non-agricultural uses is allowed 22 Agricultural Lands feet in area No increase in the area of existmg impervious surface shall be allowed in connection with a non-amcultural use 23 Agricultural Lands Sec. 15.04.060. Transportation, Public and Utilities Land Uses. Zoninst Districts IInV KCy U P - Principally Permitted Uses � 5 S=Special Uses 5 'G S C - Conditional Uses v y A � � ^m F; A- Accessory Uses E S 7 o n u 5 5 o G 5 u G s€ o x? y A o b E S F F y C c E U G or N q O � n A Q t ro A T w ?• _ � � E c C W c v ?o E a� o D x c � 810''' A A a. -a• A w�> E E g 2' c�� °G' o U y 5 6 C5 E ck W E U U m n E 4 x U ro �y E w o ,c° E 15 a A �C w u",. v v`s,• w v y ? p s Fp� V C pp C C (n C O N E- H 'S U U o c c 5 c U of r ,N., q e m c7 °� U U p$_ ry E.)' C" 5 U .? UF' U � a z z x a rx z a a a ce a Commercial parking lots or structures C C Traosportation and transit facilities f F C C C C C C C C C C CC C C C C C C C C C C C C P C (6) Railway and bus depots, man stands C C C C Utility and transportation facilities C C C C C C C C C C C C C C C C C C C C C C C C C C C C Electrical substations, pumping or reguLating devices for the transmission of water, gas, steam, petroleum, etc. Public facilities Firehouses, pohce C C C C C C C C C C C C C C C C C P C C C C C C C C C C a udons, libraries and admimatrahve offices of governmental agencies, primary and secondary schools, vocational schools and colleges Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A customarily appurtenant to a JA I JA JA (7) permitted we Wireless Telecommunication Facility P P P P P P P P P P P P P P P P ("WTF") by Admtnistrative approval (2) (2) (2) (2) (2) (2) (1) (1) (1) (2) (1) (1) (1) (1) (1) (1) (3) (3) 1 (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) Wireless Telecommumcahon Facility 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 ('61011171?") by Conditional Use Permit (5) (5) (8) (8) (a) (8) (8) (8) (8) (8) (8) (5) (5) (5) (8) (5) (4) (4) (4) (5) (4) (4) (4) (4) (4) (4) (3) (3) (3) (3)1(3), (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) 24 Sec. 15.04.065. Transportation, Public and Utilities Land Use Development Conditions. 1 For WTF towers ninety (90) feet or less for a single user and up to 120 feet for two (2) or more users 2 For WTF towers that are within the allowable building height for the district in which they are located 3 All WTFs are subject to applicable portions of KCC 15 08 035 4 A conditional use permit for a WTF is required if it is greater than ninety (90) feet for a single user or 120 feet for two (2) or more users 5 A conditional use permit is required if the WTF exceeds the allowable building height of the district. 6 Transportation and transit terminal, including repair and storage facilities and rail -truck stations, except classification yards in the category of "hump yards" 7 Accessory uses shall not include vehicular drive-through, drive-in, or service bay facilities 8 If on property owned, leased, or otherwise controlled by the city or other government entity subject to KCC 15 08 035(I) 25 Agricultural Lands Sec. 15.04.070. Wholesale and Retail Land Uses. Zoning Districts Key P= Principally Permitted Uses S = Special Uses & C= Conditional Uses t m „ q z C b A = Accessory Uses c E A b u b U Q F F Ed r Q S b v ry y E QFi rV'. p b L O F O F T y � pp c Oo U v � C I-1 a � E Q F L y c F EAl t; A E F3 9 >" —W m m m S E 5> y & O v C F y C 0 V Z O Q o a A F z F z L7 a x a v Q u N a a z a z x i o i i i z U Q Q U U v� Bakeries and Confectlonanes P P P P (2) Wholesale bakery P P Bulk retail P P P P P (l) Q) Recycling centers C P Retail sales of lumber, tools and other P P P building materials, Including preassembled products Hardware, palm, tae and wallpaper P P P P P P P (retail) (11) (2) Farmegmpment P P General merchandise Dry goods, variety P P P P P P and department stores (retaip (ll) (2) Food and convenience stores(retall) P P P P P P S P S P (11) (12) (4) 02) (2) Automobile, aircraft, motorcycle, boat P P P and recreational vehicles sales, (retail) Autonotive, aircraft, motorcycle and P P P P P P P P marine accessones(retail) (13) (13) (5) (2) 13) Gasoline service stations S S S s 5 5 5 S C (6) (6) (6) (6) (6) (6) (6) (6) Apparel aad accessories (relied) P (l( P P P A P (a) (2) Funutms, home furmsbrag (retail) P P P P P P P (11) (2) Eating and drinking establishments (no P P P P P P P A P P P P dnv.through) (I1) (15) (5) (2) Eating and drinim, establishment. (with S C P S P P dnvtthrough) (6) (7) (6) (20) (2,1) (20) (20) (20) (20) Eating facilities for emplovees A A A A Planned Development Retail Sales C (14) Drive torn/ Drive up businesses P P P p P p (commercial l retail - other than (20) (20) (20) (20) (20) (20) eatimgldnulomg estabiishmems) Miscellaneous retail Drugs, am lgoes, P P P P P P A A P books, sporting goods, jewelry, florist, (11) (15) (a) (2) Ann, supplies, video rental, computer supplies, etc- tcLiquor Liquorstore P P P PP P P P (11) l) Farm supplies, bay, grain, feed, fencing, P P P etc (retail) Nurseries, green houses, garden supplies, P P P tools, etc ED Pet shops (retail suit gr„immg) JE#- P p p (2) 26 Zoning Districts Key P = Principally Permitted Uses = y S = Special Uses y C = Conditional Uses v A A= AccessoryUses m y - V U Q N N y s �EEEE&� €9a9Q U t5 cQs 52 m G m u 5 E u v v C v v E R' Ce 73 b GG ai n: Q'i T LL 7. A T 7, c]. U E U a i0 S N 00 N N rF+ 00 an E m m pp �h of .F. C ti rA Gi U d n: v1 h m G F F C? 5 z UQ Ci ry V 'S E U U o� G z a x z a a z x m z ',F, a '� U U U o i .7 d co ti v, n N n i Z U O O D U Computers and electrodes (recaqheavy P P P P P (2) Hotels and motels P P P P P P PD Complexes which include contin P P uses, including a mixture of office, manufacturing, storage and con US" Outdoor Starage(including truc P P A A A A A P equlpmeot and contractor garaas allowed by Development StaSections 15 04190 a 15 04 210) Accessory uses anti balichup ru A A A A A A A A A A A A A A A A A A A Aappurtenant to a pervaded use(9) (16) (16) (17)(17) (16) (16) (16)II f� 27 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 dnve-through facilities shall be located a minimum of one thousand (1,000) feet from any other drive-in restaurant use 4 Convenience and deh 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 penult 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 6 Special uses must conform to the development standards listed in Section 15 08 020 7 Dnve-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 relationslup between these uses and the principal uses of the property 9 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 28 Agricultural Lands 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 Pedestnan-onented 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. ses 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 manager 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 station as a special permit use subject to the development standards listed in 15 08 020 13 Retail sales are limited to tires, batteries and accessories for industrial vehicle 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 29 Agricultural Lands 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 not include vehicular dnve-through, dnve-m and service bay facilities 19 Reference 15 07 040(C) outdoor storage landscaping 20 Whenever feasible, dove-up/dnve through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 21 Retail use must be for sale of agricultural or horticultural produces, at least 25% of the gross sales value of which are grown within Washington State Up to 50% of the gross sales value may be for seed, gardening e ui ment and products,nn vate label foods, and locally hand made products Any structures must be designed to maintain or enhance the agricultural appearance of the area 30 Agricultural Lands Sec. 15.04.090. Service Land Uses. Zoning Districts Key u_ P = Principally Permitted Uses p S = Special Uses 9 �, 'G Ca C= Conditional Uses '6 A= Accessory Uses u 5 E y E o o a, eo o 15 E ea O S q i0 N S' N N L If A W L O y [ri f- U r. ,4 y v a q v L�� C Q A� E A U � Z bv1 c g b o l? E G V a a a a w Tn EE m w E V q q C 'y' m q i 21 >. a• E E y>. E o O U E�Ei n fi F. o a+ E 3 0a q N V^ y G rTi z GO U U C U C Q fY VJ VI Vl VJ (n U C — n c U W ti z U o o U U o Maurice, insurance, real estate PP P P P P P P P P servrces (1) (2) (3) (12) personal services Laundry, dry P P P p P P C P P( P P cleaning, barber, salons, Shoe repair, (12) 10) 10) (2) (3) launderettes (10) Mortuaries P P P C P (12) (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 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 P Business services, dophcanog and P P P P PP P P P blue printing, travel agencies and (12) (2) (3) employment agencies Building maintenance and pest control P P P P P p (2) Outdoor Storage (including truck, P P A A A A A P heavy equipment and contractor C storage yards as allowed by (9) Development Standards Sectiam 1504190&1504210) Rental and leasing services for cars, P p P P P P trucks, trailers, furniture and tools 1 (2) Asko repair and wasWug services C P P P PC (including body work) (5) Repair services Watch, TV, P p P P P p P p P electrical, electronic, upholstery (12) (2) (3) Professional services Medical, clinics P P P P P P P P P P and other health care related services (20) (2) (3) Heavy Equipment and Truck Repair P P P C P (9) Contract Construction Service P P P P P P P P P Offices Building construction, (16) (16) (17) (17) (2) (3) plumbing, paving and landscaping 1 1(17) Educational Services vowdanal, p P P P p p P p trade, art, music, dancing, barber (2) (3) and beauty Churches S S S S S S S S 5 S 5 S S S S S S S S S (4) (1) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Admimstrative and professional p P P C P P P P P P P offices—general (12) 1 (2) (3) Municipal uses and buildings P p P P P P P P P p P P P p3J (13) (13) (13) (13) (13) (13) (13)j(I3)j(2) (13) (]3) (13) Research, development and testing P P P p I p I p p (2) (14) 31 z ning Districts Key *6 P = Principally Permitted Uses S S S= Special Uses b A C= Conditional Uses u [' c ;� o S A=Accessory Uses H y _Q EE S E E m v 71 a >. 2 E C c S b b�� a a 0 0 ° A !21E ui a 1 no, r a P: 6i CC K a: CL S U U U V U U U 6i fY C'i K U O 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 A A customailly appurtenant to a I I (ls) (18) (19) (19) (18) (18) (18) (15) permitted use Boarding kennels and breeding C C C estabhshmenta Veterinary climes and veterinary C P P P P C P hospitals (8) (8) (8) (8) (11) Admidetrahve or executive offlces P P P P p which are part of a predominant industrial operation. Offices incidental and necessary to the A A A +AA ± conduct of a principally permitted use I I I 32 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 bwldings. 4 Special uses must conform to the development standards listed in section 15 08 020 5 Excluding auto body repair 6 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, -xcept for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones 8 Veterinary clinics and animal hospitals 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 9 Those uses that are principally permitted in the M-3 zone may be permitted in the M-2 zone via a conditional use permit 10 Personal services uses limited to linen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services and fur repair and storage services 33 Agricultural Lands 11 Veterinary clinics and animal hospital services when located no less than one hundred fifty (150) 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-onented Pedestrian-onented 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 general character as the above permitted uses and in accordance with the stated 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 15 Accessory uses shall include vehicular drive-through, drive-in or service bay 116 Contract construction services office use does not include contractor storage which is a separate use listed in Section 15 04 040 34 Agricultural Lands 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 20 Shall only apply to medical and dental offices and/or neighborhood clinics. 35 Agricultural Lands Sec. 15.04.110. Cultural, Entertainment and Recreation Land Uses. Zoomif Districts Key P= Principally Permitted Uses 5 S=Special Uses & b' Q C = Conditional Uses t5 ro U A= Accessory Uses 6 'o 'o z q E ` q . IyS s_ Q Q y Gi 9 L JN G y y C F° a= E = a E E _T _ s o 4 r a b d U i5 o E E 9 E E T w t U A ;d o E b s d a a 15 5 g a A ro ', a EE O v A n 5& F� o C w m o � e 0 fi v W LL > > A Ca L C 6 O 6E•i �6i' U S w m E S T u e 3 vv+ 'gym v 'oonEo S E Fz q 'cp v obFi tt £ V 6i H V] V1 VI (A O .iii G z v O Q N ,q U E v .a C7 U Q 6 �n ti ti M i '� E z U O U 4y U U U O "L V ol U Performing and cultural arts uses, P(3) P P P P P Pry) such as an galleries and studios Historic and monument sites P P Public assembly (indoor) sports P P P P P(2) P(2) P(2) P(1) facilities, aren=a, auditoriums ami exhibition halls, bowling alleys, C(8) dart playing facilities, skating rinks, community clubs, athletic clubs; recreation centers, theaters (excluding school facilities) Public assembly (outdoor) P P Fairgrounds and amusement parks, tennis courts, athletic fields, miniature golf, go-cart tracks, drive-in theaters, tic Open space me Cemeteries, C C C C C C C C C C C C C P(6) P(6) C (7) (7) CRAC(I) parks, playgrounds, golf courses C C C C and other recreation facilities, Including buildings or structures associated therewith. Employee recreation areas Private dubs, fraternal lodges, etc C C C C C C C C C C C JAA C C C C C C 5) C C Recreational vehicle parks C Accessory uses and buildings A A A A A A A A A A A A A A A A A A customarily appurwamt to a permitted use Recreational buildings in MHP A Sec. 15.04.120. Cultural, Entertainment and Recreation Land Use Development Conditions. 1 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 13 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 Pedestnan-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, convemence 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 and dry cleaning, C. Repair services, including but not limited to, television, radio, iter, jewelry and shoe repair, d Food -related shops, including but not limited to, restaurants (including or seating areas and excluding drive-in restaurants) and taverns, e Copy establishments, f Professional services, including but not limited to, law offices and lting services, and g Any other use that is determined by the planning manager to be of the general character as the above permitted uses and in accordance with the stated se of the district, pursuant to section 15 09 065, Use Interpretations Accessory uses shall include vehicular dnve-through, drive-in or service bay 37 Agricultural Lands 5 Business, civic, social and fraternal associations and service offices are principally permitted uses 6 Principally permitted uses are limited to parks and playgrounds 7 Principally permitted uses are limited to golf driving ranges 8 Public assembly facilities such as amphitheaters, arena, auditoriums and exhibition halls allowed as a conditional use 38 Agricultural Lands Sec. 15.04.130. Resource Land Uses. Zoning Districts Kee P = Principally Permitted Uses E S = Special Uses y y G C= Conditional Uses v Q Q V 5 A=Accessory UsesE>> y n c"" E p"- E E E g o o d m C o^ U U GO '� U u s c5 g A a o a V A _ , W LLI r a E E C C v E S 52 4� L1 Fb K Fi $ O `m C7 ¢ �. ,T 'k >, , E E i'` o o E U m E E o _w 8 " 'O "6b^eVo S m eo 3 d or b m❑ EE 5 5 E A Q Ca U N iC 5 C U U a a z z a z z x V w i o¢ 3 a¢ c4 ti z ti d y z z z U U U ca U o Agncultural uses such as planting and P P P P harvesting of crops, amoral husbandry (including wholesale nurseries and grceabouses) Crop "it tree farming P P P P P P P P P P P P P P P P P P P P Storage, processing and conversion of P P P agricultural products (not Including slaughtering or meat paclaug) Accessory uses and buildings A A (1) 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 use Roadside stands A(3)A(2)A(3) (2) 39 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 distract 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. I Uses which occupy or would occupy large areas of land 2 Uses which would involve the construction of buildings or other es of unusual height or mass 3 Uses which house, employ or serve large numbers of people 4 Uses which generate heavy traffic 40 Agricultural Lands 5 Uses which have unusual impact on environmental quality of the area 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 manager, warrant review by the land use and planning board 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 dnve-m 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 facilities c Hazardous wastes offsite hazardous waste treatment or storage facilities in Ml and M2 districts only, subject to the provisions of section 15 08 050. B Appkcation 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 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 and to adequately convey the required information 2. A map or drawing of the site drawn to a scale acceptable to the services,, 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 41 Agricultural Lands 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 g1 between structures Off-street parking and loading facilities Dimensions of the site, distances from property lines and space 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 grapluc 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 development (2) Proposed ownership pattern upon completion of (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 42 Agricultural Lauds (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 icouncil may impose such conditions as they deem necessary in the interest of the of the city and the protection of the environment Period of validity Any special use combining district shall remain effective for one (1) year unless the use is begun within that time or construction has If not in use or construction has not commenced within one (1) year of granting of the special use combining district, the combining district shall become and the original zoning designation of the land shall apply Minor and major adjustments 1. If minor adjustments are made following the adoption of the final iment plan and approval of the combining district, such adjustments shall be A by the planning manager prior to the issuance of a building permit Minor 43 Agricultural Lands 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 smular 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. Sec. 15.04.160. Development Standards. The development standards tables in KCC 15 04 170 and 15 04 190 determine the specific development standards for a zoning district The development standards are located on the horizontal rows and the zoning districts are located on the columns of these tables The minimum dimensional requirements are located m the box at the intersection of the column and the row. The parenthetical numbers in boxes identify specific requirements applicable either to a special use or the entire e The parenthetical numbers correspond to numbers in the subsection immediately each table. 44 Agricultural Lands Sec. 15.04.170. Agricultural and Residential Zone Development Standards. Zoning Districts m '^ c � � m a m n m Ot K ¢ rn m ad v S E c a �. Of N. 0: fL m S U u y N y O) Of W s T E f T aw T A a N to lL N on lL « 7 « C E a IL d LL m LL d, d K '� E � m c n 1 Q K c da c N in c N Ws N ry y e y m m s' 2 o of N h C? F 0 ;e L [-� o �" F � � Z � cf K CCtY tr K K S F F SF Duplex SF Duplex MF SF Duple: MF SF Duple: MF I SF Duplex MF I SF Duplex MF Maximum Ido) 1 218 363 453 605 871 87] 1089 120 120 160 16.0 160 16 230 23 400 40 density dwelling ]0ac d lac dus/ac dus/ac chaise dus/ac choose us/a dus/ac usla ax!" uala as/a m/a ° dus/ac a as/a two units per acre c c c c c c c c Minimum lot 04r791 +-ae 34,7001Q000 9,600 7,600 5,700 0.000 4,000 8,0oa none 8,000 500/ none 8,000 ,500/ none 8,000 8,500/ nine 8,000 8,500! none &000 8,500/ area square feet sq R sq it sq R sq tt s4 R s0 ft sq ft sq ft sq it sq ft 3,500 sq ft 3,500 sq ft 2,500 aq ft 1,600 sq R 900 or acres, as 10 ac agit sgft sq ft. sq it sgft noted (27) (27) (1) (2) (3) Minimum lot 60 ft 60 ft 50 it 50 R 50 R 50 it 40 it25 it e0 ft 25 ft 80 ft 80 R 25 ft 80 it 80 it 25 It BOR 80 R 25 ft 80 R 80 R 25 ft 80 it 80 it width feet (4) Maximum sde 101/6 , 30% 14% 45% 45/ 10% 55'/ 55% 40% 55% 40 % 45% 55% 40% 45% 55. 40% 451/6 55% 40% 45% 55% 40% 50% coverage (5) CH (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) (5) percent of site Manunum yard (22) requirements feet Front yard 20 it N"t 20 it 10 it 10 it 10 it 10 it loft 10 it 10 it 10ft 10 it 20 it 10 it 10 it 20 ft 10R 10 it 20 It 10 it 10 it 20 it 10 it 10 it 20 it (6) f7) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (e) (8) (8) (8) (8) (8) (B) (8) (8) (B) (8) (✓) (e) (8) (8) (8) (8) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) Side yard 15 it (Ay 15ft 5 i 5R 5 i 5 i 5R 5 i Sit 5 i 5 i (11) 5 f 5 I (11) 5R 5R (11) 5 i 5 i (11) 5R 5 i (11) (30) (30) (30) (30) (30) (30) Side yard on 20 it 20 it 10 it 10 it 10 it 10ft 10 it 10 it IDR 10 ft 10 it 15 it 10 it 10 it 15 it 10 f1 10ft 15 it 10 it 10 it 158 10 it 10 it 15 it flanking street of (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) a corner lot Rear yard 20 it 15ft 5R 5 I 5 i 5 i 5R 5R 8R 5 i 8 i 20 it 5 i 8 f 20 it 5R 8 i 20Q 5R 8 i 20 it 5R 8R 20 It Additional (12) (14) (12) (32) (32) (14) (31) (31) (14) (31) (31) (14) (14) (14) setbacks/ (15) (32) (32) (I5) (15) (15) (15) distances (32) (31) (31) between (32) buildings Height 25 2-Wr 25 25 25 25 25 25 25 25 25 2stry/ 3 25 2stry/ 3 25 25 3 24 25 3 25 15 4 limitation in shv/ 364E stry/ strv/ stry/ stry/ stry/ stryl stry/ stry/35 stry/ 30 it stry/ slry/ 30 it stry/ stry/ stry!35 stryl try/ 30 stry/35 stry/ slry/ stry/35 strv/ stories/not to 35 it (Pi 35 R 35 it 35 R 35 R 35 R 30 R 30 R it 30 ft 30 R 38 it 30 R 30 R R 40 ft it R 40 ft 30 R It 50 it exceed in feet U6) (aa) Maximum 40%40% 40% 50% fiOY. 70% 75% 75% 70% 75% 70% 70% 75% 70% 70% 75% 70% 75% 70% 75% 70% impervious (19) (19) (23) (23) (23) (23) (23) (19) (19) (19) (19) (19) (19) (19) (19) (]9) (19) surface percent of total parcel area Zero lot line and The prmisioos In Sections 15 OB 300, ]10, 320, antl J30 shall apply clustering (24) Signs The slga regulatmm of Chapter 15 06 shall apply Offstreet The off-street parking requirements of Chapter 15 05 shall apply parking Landscaping The landscaping requirements of Chapter 15 07 shall apply Muld-famlky (25)(25) (25) (25) (25) Tramitlon Area (26) (26) Multi -family (26) (26) (26) design review Additional Additional standards for specrec asses are contained in Chapter 1508 and Chapter 15 09 standards (20)-410"31) (28) (28) IZ4 (29) (29) 45 See. 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 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 3wellmg unit To determine minimum lot width for irregular lots, a circle of applicable 9iameter (the minimum lot width permitted) shall be scaled within the proposed of the lot, provided that an access easement to another lot is not included the circle Interior yards shall not be computed as part of the site coverage Porches and private shared courtyard features may be built within the front set back line For properties abutting on West Valley Highway, the frontage on West Highway shall be considered the front yard. Proposed front yards less than twenty (20) feet in depth are subject to al by the planning manager, based on review and recommendation from the works department relative to the existing and future traffic volumes and right - requirements as specified in the city comprehensive transportation plan and city fiction standards. At least twenty (20) linear feet of driveway shall be provided between any carport or other primary parking area and the street property line with the of an alley property line 46 Agricultural Lands 10 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 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 For multifamily townhouse developments that attach three (3) units or less, in the MRT-12 or MMT -16 zoning districts the aggregate yard width need not be more than thirty (30) feet, but in no case shall a yard be less than ten (10) feet i 112 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 fty (50) feet from any property line b Transitional conditions shall exist when an AG district adjoins a ;sidential district containing a density of two (2) dwelling units or more per acre or a :reposed residential area indicated on the city comprehensive plan Such transitional inditions shall not exist where the separation includes an intervening use such as a ver, railroad main line, major topographic differential or other similar conditions, or 'here the industrial properties face on a limited access surface street on which the Dusmg does not face When transitional conditions exist as defined in this subsection, yard of not less than fifty (50) feet shall provided c Setbacks, Green River Industrial development in the AG district )uttmg the Green River, or Russell Road or Frager Road where such roads follow the ver bank, shall be set back from the ordinary high-water mark of the river a minimum f two hundred (200) feet Such setbacks are in accordance with the city :)mprehensive plan and in accordance with the high quality of site development rpically required for the industrial park areas of the city and in accordance with the :ate Shoreline Management Act of 1971, and shall be no more restrictive than, but as ;stnctive as, the Shoreline Management Act 47 Agricultural Lands 14 An inner court providing access to a double -row building shall be a mimmum of twenty (20) feet 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) stones or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height 18 The planning manager 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 manager 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 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 proved as needed to construct pennitted buildings or structures. c All subsurface activities, including excavation for underground hties, pipelines or other underground installations, that cause permanent disruption the surface of the land. Temporarily disrupted soil surfaces shall be restored in a inner consistent with agricultural uses d Dumping or storage of nonagricultural solid or liquid waste, or of sh, rubbish or noxious materials 48 Agricultural Lands e Activities that violate sound agricultural soil and water conservation lent practices Outdoor storage for industrial uses shall be located at the rear of a principally structure and shall be completely fenced 22 Mobile home park combining distract, 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 Except for lots used for agricultural practices, the maximum impervious area allowed shall be ten thousand (10,000) square feet. Mmunum lot width, building setbacks, and minimum lot size regulations may modified consistent with provisions for zero lot line and clustering housing 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 The requirements of section 15.09 047 for multifamily design review shall to any multifamily dwelling of three (3) or more units Minimum lot area is eight thousand five hundred (8,500) square feet for the two (2) dwelling units, and three thousand five hundred (3,500) square feet for additional dwelling unit The following zoning is required to be in existence on the entire property to rezoned at the time of application of a rezone to an MR -T zone SR -8, MR -D, MR - MR -M, MR -H, O, 0 -MU, NCC, CC, GC, DC or DCE All multifamily townhouse developments in the MM -T zone shall be comms only A condominium plat shall be filed and recorded pursuant to 64 32 RCW prior to approval of a development permit by the city As an option to the five (5) foot side yard requirement for single-family hent in all multifamily zoning districts as set forth in KCC 15 04 170, a side width of no less than three (3) feet may be utilized under the following conditions 49 Agricultural Lands a Fire hydrants for the development, as required by the fire code set forth in KCC Title 13, will be placed a maximum of three hundred (300) feet in separation, b The required fire hydrants shall have a minimum fire flow of one thousand five hundred (1,500) gallons per minute, and c Emergency vehicle access roads shall be provided to the development, which includes an improved road accessible within one hundred fifty (150) feet of all (portions of the exterior first floor of the structure This option is subject to the approval of the Washington State Building (Council Application of this option shall be effective upon receipt by the city of Kent lof such approval 1 Where lands are located wholly or partially within the urban separator, as on the City of Kent Comprehensive Land Use Plan Map, dwelling units be required to be clustered, subject to the provisions of Ch 12 04 KCC, entitled The density in a cluster subdivision shall be no greater than the that would be allowed on the parcel as a whole, including all critical areas , wetlands, geological hazard areas) and buffers, using the maximum density of the zoning district in which it is located The common open space in a cluster subdivision shall be a minimum of fifty 1(50) percent of the nonconstramed area of the parcel The nonconstramed area of the includes all areas of the parcel, minus critical areas, as defined in RCW 6 70A 030(5) as currently and hereinafter amended, and buffers The remainder of nonconstramed area of the parcel shall be the buildable area of the parcel The open space tracts created by clustering shall be located and configured in the that best connects and increases protective buffers for environmentally areas, connects and protects area wildlife habitat, creates connectivity the open space provided by the clustering and other adjacent open spaces as as existing or planned public parks and trails, and maintains scenic vistas Critical and buffers shall not be used in determining lot size and common open space in a cluster subdivision All natural features (such as streams and their 50 Agricultural Lands buffers, significant strands of trees and rock outcropping), as well as sensitive areas (such as steep slopes and wetlands and their buffers) shall be preserved, as open space in a cluster subdivision Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands, impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat, and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces may be retained under ownership by the owner or subdivider, conveyed to residents of the development, conveyed to a homeowners association for the benefit of the residents of the development, conveyed to the city with the city's consent and approval or to another party upon approval of the city of Kent The minimum lot size of individual lots within a clustered subdivision is two ;thousand five hundred (2,500) square feet, and the mrmmum lot width is thirty (30) i feet In the event that common open space prohibits development of one single-family residence on the parcel, the common open space will be reduced by the amount necessary to meet the minimum two thousand five hundred (2,500) square foot lot size New lots created by any subdivision action shall be clustered in groups not exceeding eight (8) units There may be more than one (1) cluster per project Separation between cluster groups shall be a minimum of one hundred twenty (120) feet Sight - obscuring fences are not permitted along cluster lot lines adjacent to the open space area 51 Agricultural Lands 32 For multifamily townhouse developments that attach three (3) units, the minimum building to building separation shall be ten (10) feet For duplex and single family condominium townhouse developments, the minimum building to building separation shall be established through the Uniform Building Code (UBC) 52 Agricultural Lands Sec. 15.04.190. Commercial and industrial zone development standards. 53 ZONING DISTRICTS u b y ° q C Q E y N E C C C V �. V ✓-+ V E z CC 3C C U U Ufu oN tZ s 4 v U Z U o o i 0 U a Minimum lot area, square feet or acres, as 10,000 10,000 5,000 S,000 10,000 10,000 10,000 10,000 1 acre 1 acre 10,000 20,000 15,000 10,000 1 ac noted sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq h art It sq it sq ft (1) MaAmu n site coverage percent of site 40% 40 % 100 % 100% 50% 50% 40% 30% 50% 60 % 60% 65% 75% 40% 60-1. Minimum yard requirements feet Front yard 15 it 15 ft (2) (3) 15 It 15 ft 20 ft 25 it 30 it (5) (5) (6) (7) 15 1t 151 (4) Side yard (a) (9) (2) (3) (m) (10) (10) (10) (11) (12) (12) (13) (14) 5 f �] (15) (16) Sade yard on thanking street of a career lot (17) (17) (17) (18) 15 ft f» Rear yard 20 n 2011 (2) (3) (19) (19) (19) (19) (20) (20) (21) (21) 5 ft2f20 (2) (22) Yards, transitional conditions (23) (23) (24) (25) j_23] Additional setbacks (26) (29) (29) (29) (27) tea) Height limitation In stortesluot to exceed In 2 seryl 3 eery/ 4 stry/ (32) 2 my 2 stry 2 airy 3 stry/ 2 stryl 2 seryl 2 stry/ 2 stry/ 2 stry/ 3 stmt Liuyj 35 It feet 35 ft 40 ft 60It 35 ft 35 ft 35 ft 40 ft 35 a 35 ft 35 a 35 ft 35 0 40 ft (30) (31) (30) (30) (30) (33) (35) (35) (35) (37) (3a)3j_5) (34) Landscaping The landscaping requirements of Ch 15 07 KCC shall apply (52) (52) tj2j Outdoor storage(39) (39) (40) (40) (42) (43) (43) (44) (45) (59) (411 1m1 (5q Signa The signs regulations of Ch t506 KCC shall apply 60 Vehicle drive-through, drive-in and service (46) (46) (46) (46) (46) (46) bays (6p Loading areas (47) (47) (47) (47) (� (49) (48) (49) (51) Off-street parking The off-street parking requirements of Ch 15 05 KCC shall apply (57) (57) (57) (57) (55) (sa) (59) (57) LM) Additional standards (50) (36) (31) (31) (50) (50) 1 (36) (36) (50) (50) (50) (50) (50) L50) (56) (50) (50) (50) (56) (567 (50) (50) (56) (53) (53) (54) (54) (56) (M) (56) (56) (56) (54) (54) (55) (55) L1 (31) (55) (55) (56) (56) (56) (56) L1 53 Sec. 15.04.195. Commercial and industrial land use development standard conditions. 1. Mmmum lot of record or five thousand (5,000) square feet, whichever is less 2 None, except as required by landscaping, or if off-street parking is provided on site See the downtown design review criteria outlined in KCC 15 09 046 3 No mimmum setback is required If a rear and/or side yard abuts a residential a twenty (20) foot rear and/or side yard setback may be required See the vn design review criteria outlined in KCC 15 09 046 For properties abutting on West Valley Highway, the frontage on West Valley iy shall be considered the front yard The minimum front yard setback shall be related to the classification of the it street This classification shall be determined by the city transportation x The setbacks are as follows a Properties fronting on arterial and collector streets shall have a im setback of twenty (20) feet b Properties fronting on local access streets shall have a minimum setback twenty (20) feet. The mimmum front yard setback shall be related to the classification of the it street This classification shall be determined by the city transportation ;r The setbacks are as follows a Properties fronting on arterials and collector streets shall have a im setback of forty (40) feet b Properties fronting on local access streets shall have a minimum setback hirty (30) feet The front yard shall be ten (10) percent of the lot depth Regardless of lot size, 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 i 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 the side yard shall be not less than twenty (20) feet in width 54 Agricultural Lands 10 No side yard is required, except abutting a residential district, and then the side yard shall be twenty (20) feet mimmum 11 An aggregate side yard of thirty (30) feet shall be provided A mimmum of ten (10) feet shall be provided for each side yard On a comer lot the side yard setback shall be a minimum of twenty (20) feet from the property line 12 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 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 mmnirum 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 mimmum 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 55 Agricultural Lauds 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 20 No rear yard is required, except as may be required by other setback provisions of this section 21 No rear yard is required, except as may be required by transitional conditions 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 shall be provided Transitional conditions shall exist when an industrial park Ml or MI -C district ours a residential district containing a density of two (2) dwelling or more per acre or a proposed residential area indicated on the city plan Such transitional conditions shall not exist where the separation intervening use such as a river, freeway, railroad main line, major topographic or other similar conditions, or where the industrial properties face on a access surface street on which the housing does not face When transitional exist as defined in this subsection, a yard of not less than fifty (50) feet shall 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 area indicated on the city comprehensive plan Such transitional conditions not exist where the separation includes an intervening use such as a river, eway, railway main line, mayor topographic differential or other similar conditions, where the industrial properties face on a limited access surface street on which the does not face When transitional conditions exist as defined in this subsection, yard of not less than fifty (50) feet shall be provided Transitional conditions shall exist when an M3 district adjoins a residential containing a density of two (2) dwelling units or more per acre or a proposed area indicated on the city comprehensive plan Such transitional conditions 56 Agricultural Lands shall not exist where the separation includes an intervening use such as a river, railroad main line, mayor 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 unary high-water mark of the river a minimum of two hundred (200) feet Such ;backs are in accordance with the city comprehensive plan and are in accordance th the high quality of site development required for the industrial parks area of the y, which MA areas are designated to become in the city comprehensive plan, and are accordance with the state Shoreline Management Act of 1971, and shall be no more ;tnctive than, but as restrictive as, the Shoreline Management Act Development in the Ml or MI -C district and AG district abutting the Green ver, or Russell Road or Frager Road where such roads follow the river bank, shall be back from the ordinary high-water mark of the river a mimmum of two hundred )0) feet Such setbacks are in accordance with the state Shoreline Management Act 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline maeement Act 57 Agricultural Lands 30 The planning manager 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 KCC 15 09.046 shall apply. 32 No maximum height limit is required Seethe downtown design review criteria outlined in KCC 15 09 046 33 Beyond this height, to a height not greater than either four (4) stones or sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot of building height 4 The planning manager shall be authorized to approve a height greater than four 4) stones or sixty (60) feet, provided such height does not detract from the continuity if the area When a request is made to exceed the building height limit, the planning nanager may impose such conditions, within a reasonable amount of time, as may be to reduce any incompatibilities with surrounding uses Beyond this height, to a height not greater than either four (4) stones 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 manager shall be authorized to approve one (1) additional story, provided such height does not detract from the continuity of the area, and may impose such conditions as may be necessary to reduce any nlity with surrounding uses Any additional height increase may be granted the planning eenimissiefiland use and olaniung board 58 Agricultural Lands 36. Design review for mixed use development is required as provided in KCC 15 09 045(E) 37 The height limitation is two (2) stones or thirty-five (35) feet Beyond this height, to a height not greater than either four (4) stones 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 manager 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 38 The height limitation is three (3) stones or forty (40) feet An additional story or building height may be added, up to a maximum of five (5) stones or sixty (60) feet, with one (1) additional foot of building setback for every additional foot of building height over forty (40) feet 39 Outdoor storage areas are prohibited 40 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 ght-obscuring fence is not necessary 1 Any unfenced outdoor storage areas shall be paved with asphaltic concrete, ,ment or equivalent material to be approved by the city engineer 2 Outdoor storage (for industrial uses) shall be at the rear of a principally ennitted structure and shall be completely fenced 3 Outside storage or operations yards in the Ml or MI -C A i "istnct and AG istrict shall be permitted only as accessory uses Such uses are incidental and .ibordmate to the principal use of the property or structure Outside storage or perations yards shall be confined to the area to the rear of the principal building or the ;ar two-thirds (2/3) of the property and reasonably screened from view from any roperty line by appropriate walls, fencing, earth mounds or landscaping. Outside 59 Agricultural Lands 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 44 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 45 Outside storage or operations areas shall be fenced for security and public safety at the property line 46 Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required 47 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 KCC 15 07 050 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 KCC 15 07 050 pertaining to visual buffers 50. Development plan approval is required as provided in KCC 15.09.010 51 Earth berms and landscaping shall be provided along street frontages as necessary to screen dock -high loading areas from public nghts-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 KCC 15 07 050 pertaining to visual buffers 60 Agricultural Lands 52 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 KCC 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 (2) inch caliper at the time of planting 53 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 manager shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances 54 Multitenant 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 manager 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 noncompliance 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 KCC 15 08 050 shall apply 57 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 MI -C zone shall be as specified in KCC 15 06 050(B) Signage on industrial uses in the MI -C zone shall be as specified in KCC 15 06 050(E) 61 Agricultural Lands 61 Any eating establishment with a drive through/drive-in facility shall be located a minimum of 1,000 feet from any other restaurant with a drive through/drive-in facility 62 Agricultural Lands Sec. 15.04.200. Mixed use overlay development standards. 63 Overlay Districts GC -MU 0 -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 ane (1) square foot for increased by one (1) square foot for increased by one (1) square foot for each square floor of residential floor each square floor of residential floor each square floor of residential floor area provided up to a maximum area provided up to a maximum area provided up to a maximum commercial FAR of 5 corrunercial FAR of 5 commercial FAR of 5 10 for residential uses, provided that, 1 0 for residential uses, provided that, 10 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 15 Site coverage Forty (40) percent for commercial Forty (40) percent for commercial Forty (40) percent for commercial uses uses uses Sixty (60) percent for commercial Sixty (60) percent for commercial Sixty (60) percent for commercial uses with residential uses, provided uses with residential uses, provided uses with residential uses, provided that twenty-five (25) percent of the that twenty-five (25) percent of the that twenty-five (25) percent of the gross floor area is residential use gross floor area is residential use gross floor area is residential 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 (o the maximum height of forty (40) feet the maximum height of forty (40) feet the maximum height of forty (40) feet (L) (0 (D Font yard Zero (0) feet, provided that sine Zero (0) feet, provided that sine Zero (0) feet, provided that sine 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 )l0) feet in width width width Rear and side yard Zero (0) feet, provided that setbacks Zero (0) feet, provided that setbacks Zero (0) feet, provided that setbacks of at least twenty (20) feet will be of at least twenty (20) feet will be of at least twenty (20) feet will be 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 Four (4) spaces Retail/office uses Four (4) spaces Retail/office uses Four (4) spaces per thousand (1,000) square feet of per thousand (1,000) square feet of per housand (1,000) square feet of floor area (r) floor area (2) floor area (�) Residential uses (') Residential uses (3) Residential uses (3) 63 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- 15/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 SECTION 4. Section 15 06 050(E) of the Kent City Code, entitled "Regulations for specific districts," is hereby amended to read as follows - Sec. 15.06.050(E). Regulations for specific districts. E Signs permitted in industrial districts, 1 Aggregate sign area The aggregate sign area for lots in the MAS-axd Ml, and AG districts shall not exceed one-half (1/2) square foot for each foot of street frontage The aggregate sign area for lots in the M2 district shall not exceed three- fourths (3/4) square foot for each foot of street frontage The aggregate sign area for 64 Agricultural Lands 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 (1/2) 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 SECTION 5. Section 15 07 010 of the Kent City Code, entitled "Purpose," is hereby amended to read as follows Sec. 15.07.010. Purpose. A The provisions of this chapter are to provide minimum standards for landscaping in order to maintain and protect property values and enhance the general appearance of the city B The planning dffeeter—mAnaeer shall have the authority to waive specific requirements or impose additional requirements in unique or special circumstances to ensure the fulfillment of the stated purpose of this chapter and to allow for flexibility and innovation of design Special circumstances or unique conditions shall be reviewed with the planning dater—manaeer prior to submittal of a landscape plan Examples of special conditions might include 1 Preservation of unique wildlife habitat 2 Preservation of natural or native areas 3 Compliance with special easements 4 Renovation of existing landscaping. 5 Umque site uses SECTION 6. Section 15 07 060(I) of the Kent City Code, entitled "Regulations for specific districts," is hereby amended to read as follows I. Industrial agricultural, MA (industrial uses) and Agricultural general distract, AG Industrial park district, Ml 1. Front yard The front twenty (20) feet shall be improved with appropriate permanently maintained landscaping 65 Agricultural Lands 2. Side yard. At least fifteen (15) feet of the side yard shall be landscaped as provided in subsection (1)(1) of this section SECTION 7. Section 15 08 035 of the Kent City Code, entitled "Wireless telecommunications facilities," is hereby amended to read as follows. Sec. 15.08.035. Wireless telecommunications facilities. A Purpose and goals The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals 1 Protecting residential areas from potential adverse impacts; 2 Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently, 3 Encouraging location in nonresidential areas; 4 Minimizing the total height of towers within the community, 5 Encouraging the point use of new and existing sites, 6 Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques, and 7. Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations In furtherance of these goals, the city shall give due consideration to the city's comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas. B Definitions As used in this section only, the following terms shall have the meanings set forth below Abandon or abandonment means (a) To cease operation for a period of one hundred eighty (180) or more consecutive calendar days, or (b) To reduce the effective radiated power of an antenna by seventy-five (75) percent for one hundred eighty (180) or more consecutive calendar 66 Agricultural Lands unless new technology or the construction of additional cells in the same locality is reduction of effective radiated power by more than seventy-five (75) percent, so as the operator still serves essentially the same customer base. Antenna means any exterior transmitting or receiving device used in nunications that radiates or captures electromagnetic waves Backhaul network means the lines that connect a provider's WTFs/towers/cell to one (1) or more cellular telephone switching offices, and/or long distance rs, or the public switched telephone network Camouflage means to disguise, hide, or integrate with an existing or proposed e or with the natural environment so as to be significantly screened from view Co -locate means use of a WTF by more than one (1) service provider COW means cell on wheels or Cellular on Wheels EIA means Electronic Industries Association. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Guyed tower means a wireless communication support structure which is ;ally over one hundred (100) feet tall and is steadied by wire guys in a radial ;m around the tower Height means, when referring to a tower or other WTF, the distance measured i the finished grade of the parcel at the base of the WTF to the highest point on the :r or other WTF, including the base pad and any antennas Lattice tower means a support structure which consists of a network of crossed d braces, forming a tower which is usually triangular or square in cross-section Monopole tower means a support structure which consists of a single pole sunk the ground and/or attached to a foundation Non -whip antenna means an antenna that is not a whip antenna, such as dish ❑rias, panel antennas, etc Preexisting WTF means any WTF for which a building permit has been erly issued prior to July 7, 1997, including permitted WTFs that have not yet been tructed, so long as that permit or approval has not expired 67 Agricultural Lands Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing without change in the form or content of the information as sent and received Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telecommunications, telephone, radio and similar communication purposes. The term includes the structure, all structural supports, and all related buildings and appurtenances Whip antenna means an omnidirectional dipole antenna of cylindrical shape that is no more than six (6) inches in average diameter. Wireless telecommunications facihty or WTF includes "personal wireless service," "personal wireless service facilities," and "facilities" as defined in Title 47, United States Code, Section 332(c)(7)(C), including all future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also includes any other unlicensed wireless services C Applicability 1 New uses All WTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection (D) D Exemptions The following are exempt from the provisions of this section and are allowed in all zoning districts 1 Existing Uses WTFs that currently exist on July 7, 1997, or for which a valid building permit has been obtained and remains in effect on July 7, 1997, except this exemption does not apply to modifications of existing facilities 2 Industriallscientific equipment Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC 68 Agricultural Lands 3 Amateur radio station operators or receive-only antennas Any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas 4 Home satellite services. Satellite dish antennas less than two (2) meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property 5 COW A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty (30) days, unless extended by permit issued by the planning manager or unless the city has declared an area-wide emergency 6. Public safety WTFs and equipment Public safety WTFs and equipment, including, but not limited to, the regional 911 system. E General 1 Principal or accessory use WTFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of WTFs on that lot 2 Not essential services WTFs shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential public services F General requirements 1 Siting Anyone who applies to construct a WTF or to modify or add to an existing WTF shall demonstrate to the city's satisfaction that the proposed facility is located at the least obtrusive and the most appropriate available site to function in the applicant's gird system 2 FCC licensing The city will only process WTF permit applications upon a satisfactory showing of proof that the applicant is an FCC licensed telecommunications provider or that the applicant has agreements with an FCC licensed telecommunications provider for use or lease of the facility 3 Compliance with other laws Applicants must show, to the satisfaction of the planning manager, compliance with current FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules and regulations 69 Agricultural Lands 4 Lot size For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback requirements, lot -coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot 5 Height Unless further restricted or expanded elsewhere in this section, no WTFs may exceed the following height and usage cntena• (a) For a single user, up to ninety (90) feet in height, and (b) For two (2) or more users, up to one hundred twenty (120) feet in height 6 Security fencing WTFs shall be enclosed, where appropriate, by security fencing not less than six (6) feet in height, provided however, that the planning manager or, where applicable, the hearing examiner may waive these requirements, as appropnate 7 Landscaping WTFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound, provided, however, that the planning direetennanaeer or, where applicable, the hearing examiner may waive these requirements if the goals of this section would be better served 8 WTFs mounted on structures or rooftops WTFs mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment. 9. Aesthetics WTFs shall meet the following requirements (a) WTFs shall be painted a neutral color so as to reduce visual obtrusiveness (b) At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment 70 Agricultural Lands 10 Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area 11 Measurement For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries 12 Franchises, licenses, and permits Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and shall file a copy of all required franchises, licenses, and permits with the planning manager 13. Signs No signs shall be allowed on an antenna or tower 14. Backhaul providers. Backhaul providers shall be identified and they shall have and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, wired or wireless, shall be identified G Tower requirements 1 Tower setbacks All towers, support structures and accessory buildings must satisfy the minimum setback requirements for that zoning district. 2 Support systems setbacks. All guywires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five (5) feet to any property line. 3 Monopole construction required All towers will be of a tapering monopole construction, however, the planning manager or, where applicable, the hearing examiner may allow another type tower upon a showing that it would cause less impact to the surrounding property than a similar monopole structure or would further the purposes and goals in this section 4 Inventory of existing sates Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the junsdiction of the city or 71 Agricultural Lands within one (1) mile of its borders, including specific information about the location, height, and design of each facility 5 EIA standards Towers shall be constructed so as to meet or exceed the most recent EIA standards Prior to issuance of a building permit, the building official shall be provided with an engineer's certification that the tower's design meets or exceeds those standards 6 Site selection and height Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies (a) Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential co -location, and (b) Demonstrate that the owner or operator has, to the greatest extent practical, selected a new tower site that provides the least visual impact on residential areas This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility (c) Site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas The facility should be camouflaged to the maximum extent feasible 7 Co -location priority Co -location of antennas by more than one (1) carver on existing towers is preferred to construction of new towers; provided, that the co -location is consistent with the following (a) Redesign restrictions A tower that is modified or reconstructed to accommodate the co -location of an additional antenna shall be of the same tower type as the existing tower, or of a less obtrusive design (such as a monopole), if practical (b) Height Except as may be modified in subsection (I)(1)(a), an existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height or one hundred twenty (120) feet, whichever is 72 Agricultural Lands lower, to accommodate the co -location by another provider or operator of an additional antenna system in any district except DC, DCE, NCC and all SR districts This additional height shall not require an additional distance separation (c) Onsite relocation A tower that is being rebuilt to accommodate the co -location of an additional antenna may be relocated on its existing site within fifty (50) feet of its existing location If consistent with the purposes and goals in subsection (A), the planning manager or, where applicable, the hearing examiner, may permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands 8 Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers Measurement shall be from base of tower to base of tower, excluding pad, footing or foundation The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower The separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning manager when administratively approving a WTF or by the hearing examiner through issuance of a conditional use permit 73 Agricultural Lands Table 1 Monopole 75 Monopole less Lattice Guyed feet in height than 75 feet in or greater height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole 75 1,500 1,500 1,500 750 feet in height or greater Monopole less 750 750 750 750 than 75 feet in height H. Administratively approved WTFs The planning manager may administratively approve the uses listed in this subsection, once each applicant has applied for and provided all necessary information required in this code and in the city's application form This administrative approval is classified as a Process I application and is subject to the requirements of Ch 12 01 KCC. 1 Administratively approved uses The following uses may be annroved by the planning manager after conducting an administrative review (a) Industrial/commercial zones Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed ninety (90) feet in height for a single user and one hundred twenty (120) feet in height for two (2) or more users in the following districts MA, Ml, Ml -C, M2, M3, CM -1, CM -2, GC; and GWC (b) Antennas on existing structures Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single-family dwelling or multifamily structure of fewer than eight (8) dwelling units in any zoning district provided 74 Agricultural Lands (r) The antenna does not extend more than twenty (20) feet above the highest point of the structure if a whip antenna, or ten (10) feet above the highest point of the structure if a non -whip antenna; and (u) The antenna complies with all applicable building codes, and (iii) All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials (c) WTFs on existing towers Locating a WTF through co -location i by attaching the antenna to an existing tower (d) WTFs within allowable building height Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable building height for that district (e) COWS for greater than thirty (30) day periods. Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within thirty (30) days), locating a COW at a single location for more than thirty (30) calendar days; however, purely economic convenience shall not be considered a viable factor in making this determination 2 Authority to waive certain requirements. In connection with this administrative approval, the planning manager may, in order to encourage camouflaging and co -location of WTFs, administratively waive separation distance requirements between WTFs by up to fifty (50) percent in nonresidential zones Additionally, the planning manager may, in order to encourage the use of the least obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use I Conditional use permits Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of KCC 15 09 030 and Ch 12 01 KCC, except as modified by this subsection If the WTF is not subject to 75 Agricultural Lands approval pursuant to subsection (H), then a conditional use permit shall required 1 Conditional WTF uses Specifically, conditional use permits shall be for the following WTFs (a) Industrial/commercial zones Locating WTFs that exceed mnety I) feet in height for a single user or one hundred twenty (120) feet for two (2) or Pre users or locating antennas on existing structures that exceed the height limitations subsection (H)(2)(b) in the following districts. MA, M1, Ml -C, M2, M3, CM -1, 4-2, GC, and GWC (b) Government property Locating WTFs (1) separate from ig structures on property owned, leased, or otherwise controlled by the city or governmental entity or (2) attached to existing structures on property owned, or otherwise controlled by the city or other governmental entity exceeding the limitations in subsection (H)(2)(b), but only on the condition that the total of the attached WTF, including the structure, does not exceed one hundred y (120) feet, unless permitted under subsection (1)(1)(a); however, this subsection not apply in DC, DCE, and NCC districts. (c) WTFs exceeding allowable building height Locating WTFs that the allowable building height in the following districts- O, CC, MRG, MRM, AG, and A10 (d) Tower construction under allowed separation distances towers that do not meet the separation distance requirements in subsection )(8) or that do not meet administratively approved separation distance limits 2 Factors considered in granting conditional use permits for towers In n to KCC 15 09 030(D), the hearing examiner shall also consider the following when considering a CUP application for WTF towers (a) Height of the proposed tower, (b) Proxinity of the tower to residential structures and residential boundaries, (c) Nature of uses on adjacent and nearby properties, 76 Agricultural Lands (d) Surrounding topography, (e) Surrounding tree coverage and foliage, (f) Design of the tower, with particular reference to design tics that have the effect of reducing or eliminating visual obtrusiveness; (g) Availability of suitable existing towers, other structures, or technologies not requiring the use of towers or structures (h) Obstruction of or interference with views. (i) Consistency with purpose and goals set forth in subsection (A) this section 3 Availability of suitable existing towers, other structures, or alternative ogy. No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the hearing examiner that no existing tower, structure, or lternative technology that does not require the use of towers can accommodate the pplicant's proposed WTF An applicant shall submit information requested by the eating examiner related to the availability of suitable existing towers, other structures r alternative technology Evidence submitted to demonstrate that no existing tower, or alternative technology can accommodate the applicant's proposed WTF consist of any of the following - (a) No existing WTF is located within the geographic area that applicant's engineering requirements (b) Existing WTFs are not of sufficient height to meet applicant's g requirements (c) Existing WTFs cannot practically be reconstructed to provide structural strength to support applicant's proposed antenna and related equipment (d) Electromagnetic interference would occur between two (2) or ore WTF systems (e) The fees, costs, or contractual provisions required by the owner n order to share an existing WTF or to adapt an existing WTF for co -location are 77 Agricultural Lands unreasonable Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable (f) Other limiting factors render existing WTFs unsuitable. (g) An alternative technology that does not require the use of towers or structures would be unsuitable Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable 4 Separation requirements The hearing examiner may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served, however, development of multiple tower locations on a single site (often referred to as ;'antenna farms") are specifically discouraged wherever possible. Removal of abandoned towers. 1 Abandonment and removal The owner or operator of any abandoned tower shall notify the city's planning manager, in writing, of that abandonment and shall remove the same within ninety (90) calendar days Failure to remove an abandoned tower within ninety (90) calendar days shall be grounds to remove the tower at the owner's expense If there are two (2) or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. 2 Partial abandonment and removal. If the antennas on any tower are removed or relocated to a point where the top twenty (20) percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned The owner or operator of any partially abandoned tower shall notify the city's planning manager, in writing, of that partial abandonment and shall remove the partially abandoned portion within ninety (90) calendar days Failure to remove a partially abandoned tower within ninety (90) calendar days shall be grounds to remove the abandoned portion of the tower at the owner's expense 3 Security and lien Each applicant, prior to commencement of construction, shall post sufficient security in the form of a bond, assignment of funds, cashier's check, or cash, in a form acceptable to the city, to cover the estimated cost of 78 Agricultural Lands demolition or removal of the tower and support structures, including complete site restoration If for any reason the posted funds are not adequate to cover the cost of removal, then the city may charge the facility owner or operator with the city's total cost incurred in removing the abandoned structures If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property K Nonconforming uses 1. Preexisting towers Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted Any construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section 2 Damage or destruction not the fault of owner/occupant Bona fide nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain administrative approval or a conditional use permit and without having to meet separation requirements. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (J) SECTION 8. Section 15 08 232 of the Kent City Code, entitled "Solar access setback — Applicability," is hereby amended as follows Sec. 15.08.232. Solar access setback—Applicability. A All structures over six (6) feet in height proposed on properties in the agricultural (A-10), residential agricultural (SR -1) and single-family zones will be reviewed in accordance with the design standards outlined in KCC 15 08 234, and are encouraged to meet those standards when feasible, based on the size and configuration 79 Agricultural Lands the lot The provisions of this section shall not require that the yard and setback pirements of the underlying zone be exceeded SECTION 9. Section 15 08 260(C)(3)(a) of the Kent City Code, titled "Green River corridor special interest district regulations," is hereby amended follows Sec. 15.08.260. Green River Corridor special interest district regulations. 3 Development limitations a Unique and fragile areas, class I Uses within the unique and areas, class I, shall be limited to agricultural uses permitted in the A-10 mural) zone, as set out in KCC 15.03 010 SECTION 10. Section 15,08 270 of the Kent City Code, entitled Adult uses," is hereby amended as follows Sec. 15.08.270. Adult uses. Adult uses, as defined in KCC 15 02 008, are prohibited within the area ircuinscnbed by a circle which has a radius consisting of the following distances from he following specified uses or zones 1 Within one thousand (1,000) feet of any residential zone (SR -1, A-10, I , SR -6, SR -4 5, SR -3, SR -2, MR -D, MR -G, MR -M, MR -H and MHP as provided Ch 15 09 KCC) 2 Within one thousand (1,000) feet of any public or private school 3. Within one thousand (1,000) feet of any church or other religious ;ihty or institution 4. Within one thousand (1,000) feet of any public park 5. Within one thousand (1,000) feet of any public library The distances provided in this section shall be measured by following a straight e, without regard to intervening buildings, from the nearest point of the property or rcel upon which the proposed use is to be located, to the nearest point of the parcel 80 Agricultural Lands of property or the land use district boundary line from which the proposed land is to be separated C Violation of the use provisions of this section is declared to be a public nuisance per se, which shall be abated by the city attorney under state law, including procedures set forth in KCC 15,09 090 D Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or statute of the state regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof SECTION 11. Section 15 08 400(A) of the Kent City Code, entitled "Planned unit development, PUD," is hereby amended as follows. Sec. 15.08.400. Planned unit development, PUD. The intent of the PUD is to create a process to promote diversity and creativity in site design, and protect and enhance natural and community features. The process is provided to encourage unique developments which may combine a mixture of residential, commercial and industrial uses By using flexibility in the application of development standards, this process will promote developments that will benefit citizens that live and work within the city. A Zoning districts where permitted PUDs are permitted in all zoning districts with the exception of the A-10, agricultural zone, provided, however, that PUDs in SR zones are only allowed if the site is at least one hundred (100) acres in size SECTION 12. The City of Kent's Comprehensive Plan Land Use Designations amend Chapter 4, Future Land Use Plan, Land Use Map as follows Agricultural Resource Land The Agricultural Resource Land designation is for land reserved for agricultural resource uses Single-family residential uses may also be allowed, but at very low densities 81 Agricultural Lands Agricultural Support The Agricultural Support designation is reserved for agriculturally related industrial and retail uses near areas designated for long-term agricultural use SECTION 13. The land use and zoning designations for the agricultural lands area are issues of community -wide significance that promote the public health, safety, and general welfare, thereby constituting an emergency under KCC 12 02 035 and RCW 36 70A 130(2)(b) and allowing for the amendment of the City's comprehensive plan. SECTION 14. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 15. This ordinance shall take effect and be in force thirty (30) days from and after passage as provided by law. ATTEST - 'BRENDA JACOBER, OTY CLERK APPROVED AS TO FORM ,tLAAA i 2U l(2 TOM BRUBAKER, CITY ATTORNEY 82 Agricultural Lands PASSED �_ day of '2002 APPROVED day of 2002 PUBLISHED 10 day of cL4-t 2002 I hereby certify that this is a true copy of Ordinance No 3 6 / P_ passedby the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated P\OvihOrdi a ceWgLan&&c A4­6(SEAL) BRENDA JACOBEA, CITY CLERK 83 Agricultural Lands