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HomeMy WebLinkAbout3648(Amending or Repealing Ordinances) CFN=0131 Zoning Codes Passed - 7/1/2003 Neighborhood Convenience Commercial ("NCC') Amendments (Amending Secs. 15.04.070;15.04.080;15.04.090;15.04.100;15.04.190; 15.04.195; 15.06.050;15.07.060) Amends Ords. 2810;3050;3142;3162;3409;3439;3470;3543;3600; 3612;3647 Amended by Ords. 3699;3742;3770 Amended by Ord. 3976 (secs. 15.04.070;15.04.080) Amended by Ord. 3977 (secs. 15.04.090;15.04.100) Amended by Ord. 3988 (Sec. 15.04.190;15.04.195) Amended by Ord. 4003 (Sec. 15.04.190) Amended by Ord. 4011 (secs. 15.04.070;15.04.080;15.04.090;15.04.190; 15.04.195;15.06.050;15.07.060) ORDINANCENO. ?&V9' AN ORDINANCE of the city council of the city of Kent, Washington, amending sections 15 04 070 15 04 080, 15 04 090, 15 04 100, 15.04.190, 15 04 195, 15 06 050, and 15 07 060 of the Kent City Code, regarding the Neighborhood Convenience Commercial (NCC) zoning district's land uses, development standards, design techniques, signage requirements, and landscaping requirements WHEREAS, on April 28, 2003, the land use & planning board held a public hearing and recommended approval of changes to the Neighborhood Convenience Commercial (NCC) zoning district's land uses, development standards, design techniques, signage requirements, and landscaping requirements, and WHEREAS, on April 23, 2003, the city provided the required sixty (60) day notification under RCW 36 70A.106 to the State of Washington of the city's proposed amendments to the regulations governing the Neighborhood Convenience Commercial (NCC) zoning district, and WHEREAS, the sixty (60) day notice period has elapsed, and 1 Neighborhood Convenience Commercial ("NCC') Amendments WHEREAS, the planning committee considered this matter at the regularly scheduled meeting on May 20, 2003, and WHEREAS, the city council desires to amend sections 15 04 070 15.04.080, 15 04 090, 15 04 100, 15 04 190, 15 04 195, 15 06 050, and 15 07 060 of the Kent City Code, to permit accessory dnve-through facilities, require design techniques to enhance compatibility between neighborhood commercial development and surrounding residential uses, and to modify the signage and landscaping requirements for NCC properties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. — Amendment Section 15 04 070 of the Kent City Code is amended as follows 2 Neighborhood Convenience Commercial ("NCC') Amendments Sec. 15.04.070 Wholesale and Retail Land Uses. Zomng Districts Key P = Principally Permitted Uses E S = Special Uses C= Conditional Uses A = Accessory Uses 5 S E 6 5 t o 0 9 d m o 5 o c F F a g U 5 EZi � C] a A G F u �W^• E aai q (j w C, E p� ❑ o E e 5 N v7; Q T �i ci EQ Ei C, T T ❑q ' L>_` U o o y❑Op O qT gyp+ o a$ o d E ro E 5 e o b d= o 3 rib �o G C q F m 9 U 13 6 6 rn c3 rn p F F C7 S z U A❑ C7 L~ ° 5 U Vp U C, d d ti r ti ,., y q' �o y m ti U Z U cV� cwUt D U r� _ _ �9 ,j �" U E i .i O O c7 O Bakeries and Confecdonarles P P P P (2) Wholesale bakery P P Bulkmmil P P P P P it Recycling semen C P Retail sales of lumber, tools and other P P P building materials, including preassembled products Hardware, paint, tile and wallpaper P P P P P P P (retail) (11) (2) Farm equipment P P General merchandise Dry goods, variety P P P P P P and department stares (retail) (11) (2) Food suit eminahmee scores (retail) P P P P P P S P S P (Il) (12) (4) (12) (2) Automobile, aircraft, motorcycle, heal P P P and reereatimial vehicles set. (recall) Automotive, aircraft, motorcycle and P P p P P p P P marine accessories nonfl) (13) (13) (5) (2) (13) Gasoline service stations S S S S S S S S C (6) (6) (6) (D (6) (6) (6) (6) Apparel and accessortes(retail) P P P P P A P (11) M (2) Furniture, home furnishing(retail)p p p p P P P (11) (2) Ealing and drinking estabbshments(no F p p P P p P A P P P P drive-through) (11) 1 (15) (5) (2) Eating and drinlong establishments S C P S P P (with drive-through) (6) (7) (6) (20) (2j) (20) (20) (20) 1 1 (20) Eating facilities for employees A A A A Planned Development Retail Saks C (14) Drive thin / Drive up businesses P p p p p P (commercial/retail — other than (W (20) (20) (20) (20) (20) eaUngidrukiug emablkhmencs) C 12) Miscellaneous retail Drugs, antiques, P P P p P P A A P books, sparing goods, Jewelry, florist, (11) (IS) (B) (2) photo supplies, video rental, computer supplies, etc Liquorstore P P P P P PP P (1A (i) Farm supplies, hay, grain, feed, fencing, p p P etc (rehfl) Nurseries, gree. homes, garden supplies, p p p tools, e , Zaning Districts Key P = Principally Permitted Uses U �° S = Special Uses 5 5 C = Conditional Uses A=Accessory Uses 5 > > m v �? y '6 5 1; S 15 5 ? a A a a b E 5 o C F F d> v eggo U 2 m y F c c c a o E "c a a °'1 w H 4, E CI A .o a o o o E E E a a. V E E E c4 a. c4 c[ w = a U E p qq p y FF pp 3 t ^e"n m Lebo w i '_h p3$ ° y fJ O U O U pY y 9 ,S C i0 Q FC0 VJ vl W Vl a F F U x z O O a ❑ o .. N n q o4, z x a S U U W o¢ 3 a a y ti E U U U U V N M z U a a U U a o Pet shops (retail and grooming)P P P (2) Computers and ckctrooks (retail) P P P P P (2) Hotels and motels P P P P P P P1) Complexes which include combinations P P closes, including a mixture ofoDice, light manufacturing, storage and commercial uses Outdoor Storage (including truck, heavy P P A A A A A P equipment and contractor storage yards (19) (19) (19) (19) (19) (19) (19) as allowed by Development Standards Ills) Sections 15 04,190 & 15."210) Accessory ossa 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 appurtenaot 0 a permitted (9) (16) (16) (17) (P!) (16) (16) (16) pg) one Agricultural, related remit C + 1(21)] H -L 4 SECTION Z —Amendment Section 15 04 080 of the Kent City Code is amended as follows. See. 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 dell marts are limited to a maximum gross floor area of three thousand (3,000) square feet. 5 Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi -building development Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 6 Special uses must conform to the development standards listed in KCC 15 08 020 7. Drive-through restaurants, only if located in a building having at least two (2) stones 8 Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property 5 Neighborhood Convenience Commercial ("NCC') Amendments 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 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-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 manager to be of the same general character as the above perrmtted uses and in accordance with the stated purpose of the district, pursuant to KCC 15 09 065, Interpretation of uses 6 Neighborhood Convenience Commercial ("NCC') Amendments 12. Retail convemence grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15 08 020. 13. Retail sales are limited to tires, batteries and accessories for industrial vehicle and equipment 14. Retail sales are permitted as part of a planned development where at least fifty (50) percent of the total development is for office use Drive-in restaurants, service stations, drive-in cleanmg establishments and other similar retail establishments are not permitted 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, drive-in and service bay facilities. 19 Reference KCC 15 07 040(C), outdoor storage landscaping 20. Whenever feasible, dnve-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 twenty-five (25) percent of the gross sales value of which are grown within Washington State Up to fifty (50) percent of the gross sales value may be for seed, gardening equipment and products, private label foods, and locally hand -made products Any structures must be designed to maintain or enhance the agricultural appearance of the area 7 Neighborhood Convenience Commercial ("NCC') Amendments 22. Any drive-pp/drive-througli facility shall be accessory to the principal use to which it is attached. SECTION 3. —Amendment Section 15.04 090 of the Kent City Code is amended as follows Neighborhood Convenience Commercial ("NCC'q Amendments Sec. 15.04.090. Service Land Uses. Zoning Districts V ns P — Principally Permitted Uses 5 S — Special Uses E C= Conditional Uses S h c b A— Accessory Uses a 'a 12 Q E S V .°c Cy✓�y'1 0 Q r U E r P E fes. A $3 '0 V E v C ca N r r�A v � E {� S_ yW yy Y G o � v Q S E A y Q s S o V o U u v A 'E_ C7 c� b v1 ti ti Q F F C7 S z o U o Q ^� C7 c C) o a ra a m a y m .c ce m cC z a s a a a V U U U W U i i U o¢ 3 a a o0 0y ti ti z U Q Q U v v o o Musa", insurance, real relate P P P P P P P P P P P services L31 (A (2) (3) (12) Personal services Laundry, dry P P P P P P C P P( P P cleemaig, barber, salons, shoe repmr, 12ZI (12) (10) 10) (2) (3) launderettes, (10) Mormaries 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 can center CIC C C C C C C P P PIP PIP P P P P P P P P P P P P P P P Business services, duplicating and P P P P P P P P P blue printing, travel agencies and (12) (2) (3) employment agencies Building mainstream and peat 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 Sections 1504190&1504210) Rental said leasing services for cars, P P P P P P trucks, traders, furniture and tools (2) Aum repair and washing services C P P P P P C (including body work) (21) (5) Repair services Watch, TV, P P P P P P P P P electrical, electronic, upholstery (12)1 1 (2) (3) Professional services Medical, chailes P P P P P P P P P P and other health care related services (2) (3) Heavy Pquipmeot and Track Repair P P P C P (9) Contract Construction Service p p p p p P P P P Ogees BuBdiogesustructioq (16) (16) (17) (17) (2) (3) Plumbing, paving and landscaping (17) Educational Services vocational, 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 S S S 3 S S S 3 S S S S (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) f4) (4) l4) (4) Administrative and professional P P P C P P P P P P P offices—general (12) (2) (3) Municipal uses and buildings P P P P P P P P P P P I I I(13) (13) (13) T(13)(IP3) (13) (13) (13) (13) (13) (2) (13) (13) -iT----- Zoning Districts ICs P= Principally Permitted Uses 5 S — Special Uses 5 C= Conditional Uses Z y n ^a $ A= Accessary Uses c 15 15 E v v FJ' v v �w s L 9 9 t C 5 S Q m Fi F F F-1 f o K$ O S O A G q A F S S 14 �1 U �+ r A Q Y U V U > E 5 E y Q r-1 rTi O r, C 3 U U63 C UCCU ❑ •• N U U U U ce a z 4 x x eA x cC C W' cC o: cC 2 U U U U o ¢' ..1 3 Research, development and tearing P P P P P P P (Z) P4 Planned Development Retail Sales C (6) Accessory uses and buildings 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 customarily appurtenant to I (18) (18) (19) (19) (18) (18) (18) (15) permitted we Hoarding kennels and breeding C C C establishments Veterinary clinks and veterinary C P P P P C P hospitals (8) (8) (8) (8) (11) Administrative or executive offices P P P P p which are part of a predominant Industrial operation offices incidental and necessary to the A A A A A conduct of a principally permitted use * NOTE TO CODE PUBLISHING, INC - Numbering this as Service Land Use Development Condition No 221s contingent upon passage of the Auto Repair and Washing amendment ordinance, shown in part as Condition No 21 10 SECTION 4. —Amendment Section 15 04 100 of the Kent City Code is amended as follows See. 15.04.100. Service Land Use Development Conditions. 1 Banks and financial institutions (excluding drive-through) 2. Uses shall be limited to twenty-five (25) percent of the gross floor area of any single- or multi -building development. Retail and service uses which exceed the twenty-five (25) percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis 3 All sales, storage, and display occur within enclosed buildings. 4. Special uses must conform to the development standards listed in KCC 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, except 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 11 Neighborhood Convenience Commercial ("NCC'j Amendments 9 Those uses that are principally permitted in the M3 zone may be permitted in the M2 zone via a conditional use permit. 10. Personal services uses limited to lmen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services, and fur repair and storage services 11 Veterinary clinics and ammal hospital services when located no less than one hundred fifty (150) feet from any residential use, provided the ammals are housed indoors and the building is soundproofed 12 The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian - oriented Pedestrian-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 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, flonsts, 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 12 Neighborhood Convenience Commercial ("NCC') Amendments 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 KCC 15.09.065, Use interpretations 13. Except for such uses and buildings subject to KCC 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 uses 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory uses Such uses are incidental and subordinate to the principal use of the property or structure 18. Includes incidental storage facilities and loading/unloadmg areas 19 Includes incidental storage facilities, which must be enclosed, and loading/unloading areas clinics. 20 Shall only apply to medical and dental offices and/or neighborhood 21 Auto repair, including body work and washing services are permitted only under the following conditions repair; and a the property is also used for heavy equipment repair and/or truck b. the property abuts or is split -zoned with real property in the Gateway Commercial district Gasoline service stations that also offer auto repair and washing services are not pennitted in the M3, General hidustnal, zoning district 22 Any associated drive-up/drive-through facility shall be accessory and shall require a conditional use permit. 13 Neighborhood Convenience Commercial ("NCC') Amendments SECTION 5. — Amendment. Section 15.04.190 of the Kent City Code is amended as follows. 14 Neighborhood Convenience Commercial ("NCC") Amendments Sec. 15.04.190. Commercial and industrial zone development standards. 15 ZONING DISTRICTS rU A d ssl O N rs H ^ C5 N U U �- "A Ao @ E 5 5 U 7 tpp `RG fi y 9 'U. d z a° u U V W 7 tv CUU% �O �e V U U 2 U V3 ❑ O U U U O C N Minimum lot area. square feet or acres, as 10,000 10,000 5,000 5,000 10,000 10,000 10,000 10,00o t acre 1 acre 10,000 20,000 15,000 10,000 noted sgft sqh agft agft sgft sqft sqft sqft sgft sgft sgft agft (1) xim Maum she coverage. percent of site 40% 40% 100% 100% 50% 50 % 40% 30% 50% 60•/. 60 % 65 % 75•/. 40 Minimum yard requirements feet Front yard ji 3wft 15 ft (2) (3) 15 ft 15 ft 20 it 25 ft 30 it (5) (5) (67) (7) 15 it (4) Side yard (8) (9) (2) (3) (10) (10) (10) (10) (11) (12) (12) (13) (14) 5 ft (15) (16) Side yard on Ranking street of a corner lot (17) (17) (17) (19) 15 ft Rear yard 1" 20 it (2) (3) (19) (19) (19) (19) (20) (20) (21) (21) 5 ft fill m al) Yards, transitional conditions (23) (23) (24) (25) Additional setbacks (26) (29) (29) (27) (28) Height limitation. in stories/not to exceed In 2 stry/ 3 stry/ 4 airy! (32) 2 stry 2 Ary 2 airy 3 stry/ 2 stry/ 2 Aryl 2 stryl 2 stry/ 2 snyf 3 stry/ feet 35 ft 40 it 60 ft 35 ft 3511 35 ft 40 ft 35 ft 35 it 35 ft 35 ft 35 ft 40 it (30) (31) (30) (30) (30) (33) (35) (35) (35) (37) (38) (34) Landscaping (s2) (52) Outdoor storage (39) (39) (40) (d0) (d0) (42) (43) (0.i) (44) (45) (59) (41) (41) (51) Signs (60) Vehicle drive-through, drive-in sad service (46) (46) (46) (46) (46) (46) bays 1 (61) Loading areas (17) (47) (47) (47) (48) (48) (49) (51) Otfwtreet parking The off-street parking requirements of Ch 15 05 KCC shall apply (57) (m (57) (57) (58) (58) (58) (57) Additional standards (50) (36) (31) (31) (50) (50) (36) (36) (50) (50) (50) (50) (50) (56) (50) (50) (50) (56) (56) (50) (50) (56) (53) t53) (54) (54) (62) (56) (56) (56) (s6) (rte (54) (54) (55) (55) (31) (55) (55) (56) (56) t� (56) (56) f4;!1 15 SECTION 6. — Amendment Section 15 04 195 of the Kent City Code is amended as follows Sec. 15.04.195. Commercial and industrial land use development standard conditions. 1 Minimum 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 minimum setback is required. If a rear and/or side yard abuts a residential district, a twenty (20) foot rear and/or side yard setback may be required See the downtown design review criteria outlined in KCC 15 09 046 4. For properties abutting on West Valley Highway, the frontage on West Valley Highway shall be considered the front yard. 5. The minimum front yard setback shall be related to the classification of the adjacent street This classification shall be determined by the city transportation engineer The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a mimmum setback of twenty (20) feet. b. Properties fronting on local access streets shall have a mmnnum setback of twenty (20) feet. 6 The minimum front yard setback shall be related to the classification of the adjacent street This classification shall be determined by the city transportation engineer The setbacks are as follows a Properties fronting on arterials and collector streets shall have a minimum setback of forty (40) feet 16 Neighborhood Convenience Commercial ("NCC'9 Amendments b. Properties fronting on local access streets shall have a mimmum setback of thirty (30) feet 7. The front yard shall be ten (10) percent of the lot depth. Regardless of lot size, the yard depth need not be more than thirty-five (35) feet. 8 No side or rear yard is required, except when abutting a district other than NCC, and then the side -yard shall be not less than five 5 tvi��feet in width, unless the abutting district or use is residential and then the yard shall be ten (10) feet in width and fully landscaped. 9. No side yard is required, except when abutting a more restnctive distract, and then the side yard shall be not less than twenty (20) feet in width 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 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 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 nummum 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 nummum 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. 17 Neighborhood Convenience Commercial ("NCC') Amendments 16 Where a side yard abuts a residential district, a side yard of at least twenty (20) feet shall be provided. 17. The minimum side yard on the flanking street of a comer lot shall be related to the classification of the adjacent street This classification shall be determined by the city transportation engineer The setbacks are as follows - a. Properties fronting on arterial and collector streets shall have a minimum setback of forty (40) feet b. Properties fronting on local access streets shall have a minimum setback of thirty (30) feet 18 The side yard on the flanking street of a corner lot shall be at least ten (10) percent of the lot width, unless the ten (10) percent figure would result in a side yard of greater than twenty (20) feet, in which case the side yard need not be more than twenty (20) feet 19 No rear yard is required, except abutting a residential district, and then the rear yard shall be twenty (20) feet rmmmum 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 depth shall be provided 23. Transitional conditions shall exist when an industrial park Ml or Ml - C district and AG district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar conditions, or where the industrial 18 Neighborhood Convenience Commercial ("NCC') Amendments properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in tlus subsection, a yard of not less than fifty (50) feet shall be provided. 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided 25 Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topograpluc 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 19 Neighborhood Convenience Commercial ("NCC') Amendments street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall be provided. 28 Industrial development in the MA district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet Such setbacks are in accordance with the city comprehensive plan and are in accordance with the high quality of site development required for the industrial parks area of the city, which MA areas are designated to become in the city comprehensive plan, and are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act 29 Development in the Ml or Ml -C district and AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of two hundred (200) feet. Such setbacks are in accordance with the state Shoreline Management Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline Management Act. 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. See the downtown design review cntena 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 20 Neighborhood Convenience Commercial ("NCC') Amendments 34. 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 35. 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 industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses Any additional height increase may be granted by the land use and planning board 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 tlurty-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. 21 Neighborhood Convenience Commercial ("NCC'j Amendments 40. Outdoor storage areas shall be fenced for security and public safety by a sight -obscuring fence unless it is deternuned through the development plan review that a sight -obscuring fence is not necessary. 41 Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer 42. Outdoor storage (for industrial uses) shall be at the rear of a principally permitted structure and shall be completely fenced. 43. Outside storage or operations yards in the Ml or MI -C district and AG district shall be permitted only as accessory uses Such uses are incidental and subordinate to the principal use of the property or structure Outside storage or operations yards shall be confined to the area to the rear of the principal bmldmg or the rear two-thirds (2/3) of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping Outside storage exceeding a height of fifteen (15) feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 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. 22 Neighborhood Convenience Commercial ("NCC'9 Amendments 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 rmmmum of thirty-six (36) inches and a maximum of forty-two (42) inches in height. Landscaping located on the bene 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 rmmmum 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 52. Where building walls face adjacent streets and are unfenestrated for more than forty (40) feet at any point along the facade, 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 23 Neighborhood Convenience Commercial ("NCC') Amendments reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances 54. Mulhtenant 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 tlus 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 Ml -C zone shall be as specified in KCC 15.06.050(B) Signage on industrial uses in the M1 -C zone shall be as specified in KCC 15.06.050(E) 61 Any eating establishment with a dnve-through/dnve-m facility shall be located a minimum of one thousand (1,000) feet from any other restaurant with a dnve-through/dnve-m facility. 62 Parking should be located either next to or behind the building Parking should not be placed between the street and the building 24 Neighborhood Convenience Commercial ("NCC") Amendments 63. A direct pedestrian connection shall be provided from the street to the building 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, andag rbage areas Rooftop equipment shall be enclosed with a parapet or similar design feature 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways or porches are ways to enhance the human scale and provide a residential dimension to structures SECTION 7. — Amendment Section 15.06 050 of the Kent City Code is amended as follows. Sec. 15.06.050. Regulations for specific districts. In all districts the planning manager shall have the option to waive sign type requirements in unique and special cases where due to building design or other special circumstance the development is unable to conform to stated standards A Signs permitted in residential districts 1. Identification signs for single-family dwellings and duplexes One (1) identification sign shall be permitted for each occupancy. The sign shall not exceed an area of three (3) square feet, shall not exceed a height of six (6) feet above the surface of the street, shall be attached directly to a building, fence, standard or mailbox, and shall be unlighted or provided with indirect illumination Home occupations shall not be allowed additional sign area. 2 Identification signs for multifamily dwellings One (1) identification sign shall be permitted for each development, except that multiple -family dwellings with more than one (1) street frontage may be allowed an additional sign for each street frontage of such lot Each sign shall not exceed an area of twenty-five (25) 25 Neighborhood Convenience Commercial ("NCC') Amendments square feet, may be a wall or freestanding sign, shall be unlighted or indirectly lighted, and shall not exceed a height of six (6) feet above the ground if freestanding. 3. Farm product identification signs No permit is required, but such signs may not be located in the public right-of-way B. Signs permitted in community commercial, general commercial and commercial manufacturing districts The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) feet for each foot of street frontage. Aggregate sign area for corner lots shall not exceed one (1) square foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area. 1. Identification signs for occupancies Each business establishment may have one (1) freestanding sign for each street frontage if not located in a shopping center, and three (3) additional signs a. Freestanding sign The freestanding sign shall not exceed a height of thirty (30) feet. The maximum sign area permitted is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet The sign may be illuminated. b. Additional signs. Three (3) additional signs shall be permitted subject to the following restrictions: (1) The total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. (2) On properties where a pole sign cannot be erected due to setback requirements or building placement, a projecting sign may be allowed in lieu of the permitted freestanding sign. The protecting sign may not exceed fifteen (15) square feet in outside dimension. 2 Identification signs for shopping centers One (1) freestanding identification sign, which may list the names of the occupants of the shopping center, 26 Neighborhood Convenience Commercial ("NCC') Amendments shall be permitted for each street frontage of each shopping center The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces No one (1) face shall exceed one hundred (100) square feet A freestanding sign shall not exceed a height of thirty (30) feet, and may be illuminated 3 Automobile service station signs The aggregate sign area for any corner lot shall not exceed one (1) square foot for each foot of lot frontage, and the aggregate sign area for any interior lot shall not exceed one and one-half (1 1/2) square feet for each foot of lot frontage, and the permitted signs enumerated in this subsection shall be subject to the total aggregate sign area a Freestanding signs One (1) freestanding lighted double-faced identification sign, not exceeding two hundred (200) square feet for the total of all faces, with no such face exceeding one hundred (100) square feet, is permitted Such sign shall not exceed a height of thnty (30) feet. If on a comer lot, two (2) monument signs not exceeding one hundred (100) square feet per sign for the total of all faces are pernutted. Such monument signs shall not exceed a height of fifteen (15) feet. Freestanding signs shall be lighted dunng business hours only b. Additional signs Three (3) additional signs shall be permitted subject to the following restrictions. the total area of all signs, graphics or other advertising shall not be more than ten (10) percent of the building facade to which they are attached or on which they are displayed. c Fuel price signs Fuel price signs shall be included in the sign area 4 Farm product identification signs. No permit is required, but such signs may not be located in the public right-of-way C Signs permitted in downtown commercial and downtown commercial enterprise districts The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage The aggregate sign area 27 Neighborhood Convenience Commercial ("NCC') Amendments for comer lots shall not exceed one (1) foot for each foot of street frontage. The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area 1 Identification signs for multitenant buildings. a. Wall sign. Each multitenant building may have one (1) identification wall sign for the building's identification for each street frontage The sign shall not exceed a total of five (5) percent of the facade to which it is attached The sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multitenant building will have the option of the sign described in this subsection (a) or the identification sign described in subsection (C)(2) of this section. b Freestanding sign. Each building may have one (1) freestanding sign on each street frontage The sign may not exceed fifteen (15) feet in height. The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces No one (1) face shall exceed fifty (50) square feet. Multitenant freestanding signs shall not name or advertise the individual tenants of the building 2. Identification signs for occupancies. Each occupant of a multitenant building shall be permitted two (2) wall signs Such signs shall not exceed ten (10) percent of the facade of the individual business unit Aggregate sign area shall not apply. 3. Identification signs for single -tenant buildings a Each building may have one (1) freestanding sign for each street frontage. The sign may not exceed a height of fifteen (15) feet The maximum sign area permitted for the freestanding sign is one hundred (100) square feet for the total of all faces No one (1) face shall exceed fifty (50) square feet b Three (3) additional signs shall be permitted All signs are subject to the aggregate sign area allowed The total area of all signs, graphics or other types 28 Neighborhood Convenience Commercial ("NCC') Amendments of signs shall not exceed ten (10) percent of the facade to which they are attached or on which they are displayed D Signs permitted in office distracts and neighborhood convenience commercial 1 Generally. One (1) freestanding double-faced identification sign shall be pernntted for each lot The sign shall not exceed a maximum area of fifty (50) square feet for the total of all faces. No one (1) face shall exceed twenty-five (25) square feet. A freestanding sign shall not exceed a height of fifteen (15) feet and shall be unlighted or provided with indirect illumination 2. Identification signs for buildings One (1) identification sign shall be permitted for each principal building The sign shall not exceed an area of five (5) percent of the facade to which it is attached, shall be attached flat against the building, shall not project above the eave of the roof or the top of the parapet, and shall be unlighted or provided with indirect illumination Such signs shall not advertise or name individual tenants of the building. 3. Identification signs for occupancies. Signs not exceeding a total of five (5) percent of the facade of the business unit to which they are attached shall be permitted for each occupancy in a multitenant building when the occupancy has outside frontage. E Signs permitted in industrial distracts 1 Aggregate sign area. The aggregate sign area for lots in the MA and M1 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 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 comer lot The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area 29 Neighborhood Convenience Commercial ("NCC') Amendments a. Identification signs for buildings One (1) identification sign shall be permitted for each lot on each street frontage, which may be a freestanding sign or a wall sign The maximum sign area permitted for a freestanding sign is two hundred (200) square feet for the total of all faces. No one (1) face shall exceed one hundred (100) square feet If the sign is a wall sign, its size shall not exceed twenty (20) percent of the building facade. A freestanding sign shall not exceed a height of twenty (20) feet The sign may be illuminated b. Identification signs for occupancies One (1) identification sign shall be permitted for each occupancy on each street frontage and shall be a wall sign The maximum size of the sign shall be ten (10) percent of the building facade This sign may be illuminated If the identification sign permitted under subsection (E)(1)(a) of this section is a wall sign, an additional wall sign may be permitted on a building facade not facing a street frontage 2. Farm product identification signs. No permit is required, but the sign may not be located in the public right-of-way F Signs permitted in planned unit developments, special use combining districts and mobile home park districts and for conditional uses. All signs in planned unit developments, special use combining districts and mobile home parks and for conditional uses shall be incorporated as part of the developmental plan and approved with the developmental plan Subsequent changes which conform to the adopted signing program may be granted by the planning manager G Signs permitted in shopping centers The aggregate sign area for each occupant of a shopping center shall not exceed twenty (20) percent of the front facade of the unit Wall signs are permitted on each exterior wall of the individual business unit A muumum of thirty (30) square feet shall be permitted for any occupancy. No combination of signs shall exceed ten (10) percent of the facade to which they are attached. If there is an attached canopy or overhang, a ten (10) square foot sign may be attached to the canopy or overhang in addition to the other 30 Neighborhood Convenience Commercial ("NCC'q Amendments permitted signs Such sign shall be at least eight (8) feet above any pedestrian walkway. H. Signs permitted in GWC zoning district 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one (1) square foot for each foot of street frontage. Aggregate sign area for comer lots shall not exceed three-fourths (3/4) square foot for each foot of street frontage The permitted signs enumerated in this subsection shall be subject to the total aggregate sign area a Identification signs for occupancies Each business establishment may have one (1) freestanding sign per street frontage, if not located in a shopping center, and one (1) wall sign per street frontage. (1) Freestanding signs Freestanding signs shall not exceed a height of fifteen (15) feet The maximum sign area permitted is one hundred (100) square feet for the total of all faces No one (1) face shall exceed fifty (50) square feet The sign maybe illuminated. Freestanding signs shall not rotate (2) Wall signs One (1) wall sign per street frontage shall be permitted The total area of all signage, graphics or other advertising shall not exceed ten (10) percent of the building facade to which it is attached b. Identification signs for shopping centers One (1) freestandmg or i one (1) wall shopping center identification sign shall be permitted for each street frontage of the shopping center The maximum sign area permitted for a freestanding sign is one hundred (100) square feet. No one (1) face shall exceed fifty (50) square feet. Freestanding signs shall be limited to fifteen (15) feet in height The sign may be illuminated Freestanding signs shall not rotate One (1) wall sign shall be permitted per occupancy, except that anchor tenants (business establishments with a store frontage of at least one hundred (100) feet in length) shall be allowed two (2) wall signs The aggregate wall sign area shall not exceed ten (10) percent of the building facade to which the signs are attached 31 Neighborhood Convenience Commercial ("NCC') Amendments SECTION 8. —Amendment Section 15.07 060 of the Kent City Code is amended as follows Sec. 15.07.060. Regulations for specific districts. Landscaping regulations for specific zoning districts are as follows: A. Residential agricultural, SR -1. None B. Single-family residential, SR -2 through SR -8 None C. Duplex multifamily residential, MR -D. None. D. Low density multifamily residential, MR -G Multifamily residential townhouse, MR -T. Medium density multifamily residential, MR -M. High density multifamily residential, MR -H 1. A minimum of ten (10) feet of landscaping shall be provided abutting a public right-of-way. 2. Open green area shall occupy no less than twenty-five (25) percent of the area of the lot 3. The side and rear perimeters of properties shall be landscaped to a mimmum depth of ten (10) feet. 4 A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any multifamily structure Foundation landscaping consists of shrubbery or some other combination of landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light, glare, and other environmental intrusions E. Mobile home park combining district, MHP Requirements shall be per the mobile home park code F. AreWhbeo4ieed eenivnienee eemmemiak NGG Community commercial, CC. Commercial manufacturing, CM 32 Neighborhood Convenience Commercial ("NCC'q Amendments General commercial, GC Professional and office district, O 1 The perimeter of property abutting a residential district shall be landscaped to a minimum depth of ten (10) feet. 2. A planting strip not less than five (5) feet in depth shall be provided along all property lines abutting public rights-of-way. G. Downtown commercial, DC 1 A nu mnum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15 09 046 2 Street trees in accordance with the official tree plan shall be planted. H Downtown commercial enterprise, DCE 1 The perimeter of properties abutting a residential district shall be landscaped to a minimum depth of ten (10) feet 2 A minimum of three (3) feet of landscaping to screen off-street parking areas, placement of which shall be determined through the downtown design review process outlined in KCC 15 09 046. 3. Street trees in accordance with the official tree plan shall be planted I Industrial agricultural, MA (industrial uses) and Agricultural general distract, AG Industrial park distract, Ml. 1 Front yard The front twenty (20) feet shall be improved with appropriate permanently maintained landscaping 2. Side yard At least fifteen (15) feet of the side yard shall be landscaped as provided in subsection (I)(1) of this section. J Limited industrial distract, M2 1. Front yard The front fifteen (15) feet shall be improved with appropriate permanently maintained landscaping. 33 Neighborhood Convenience Commercial ("NCC'q Amendments 2. Side yard At least ten (10) feet of the side yard shall be landscaped as provided in subsection (i)(1) of this section K General industrial district, M3 1. Front yard The front ten (10) feet shall be unproved with appropriate permanently maintained landscaping. 2. Side yard At least five (5) feet of the side yard shall be landscaped as provided in subsection (K)(1) of tlus section L Gateway commercial district, GWC 1. Additional landscaping requirements Landscaping requirements shall include the following a. Where buildings abut the required front yard, a landscape strip at least fifteen (15) feet in depth shall be provided. Where vehicular parking areas abut the required front yard, a landscape strip at least twenty (20) feet in depth, with an earth berm at least tlurty-six (36) inches in height, shall be provided b. A landscape strip at least five (5) feet in depth shall be provided along the side property lines of all independent development sites No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross -access easement is provided to serve the adjoining properties. Where the side property line of a commercial use abuts a residential district, a landscape strip at least ten (10) feet in depth shall be provided c A landscape strip of at least fifteen (15) feet in depth shall be provided along side property lines flanking the street of a corner lot Where vehicular parking areas abut the required side yard, an earth berm at least twenty- four (24) inches in height shall be provided d. A landscape strip of at least five (5) feet in depth shall be provided along all rear property lines Where the rear property line of a commercial 34 Neighborhood Convenience Commercial ("NCC') Amendments use abuts a residential use, a landscape strip of at least ten (10) feet in depth shall be provided M. Neighborhood convenience commercial. NCC 1 Additional landscaping requirements. Landscaping requirements shall include the following a A landscape strip of at least ten (10) feet in depth shall be provided in the front yard If a drive or parking aisle abuts the front yard, the required landscaping shall be augmented by an earth berm of at least thirty-six (36) inches in height b. A landscape step of at least five (5) feet in depth shall be provided along the side property lines of all independent development sites No landscaping along the side property lines shall be required between adjacent properties where a common, shared driveway with a perpetual cross -access easement is provided to serve the adjoining properties Where the side property line of a commercial use abuts a residential district or use, a landscape strip of at least ten (10) feet in depth shall be provided. c A landscape strip of at least ten (10) feet in depth shall be provided along side property lines flanking the street of a corner lot Where vehicular drive aisles or parking areas abut the required side yard, an earth berm of at least twenty-four (24) inches in height shall be provided d A landscape strip of at least five (5) feet in depth shall be provided along all rear property lines. Where the rear property line of a commercial use abuts a residential district or use, a landscape strip of at least ten (10) feet in depth shall be provided 35 Neighborhood Convenience Commercial ("NCC') Amendments SECTION 9. — Sav:nzs The existing sections 15 04.070, 15 04.080, 15.04 090, 15.04.100, 15 04.190, 15 04,195, 15.06.050, and 15 07 060 of the Kent City Code, which are amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance SECTION 10. — Severabehty 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 portions of this ordinance and the same shall remain in full force and effect SECTION 11. — Effective Date This ordinance shall take effect and be in force thirty (30) days from and after passage as provided by law. ATTEST I APPROVED AS TO FORM � J'. G� T t s is� CITY ATTORNEY 36 Neighborhood Convenience Commercial ("NCC') Amendments PASSED day of July, 2003 APPROVED day of July, 2003 PUBLISHED: day of July, 2003 I hereby certify that flus is a true copy of Ordinance No. -? passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated .vet/(SEAL) BRENDA JACOBE CITY CLERK P\CinAOrdjaaNCCO 203 doc 37 Neighborhood Convenience Commercial ("NCC') Amendments