HomeMy WebLinkAbout3600(Amending or Repealing Ordinances)
CFN=0131 Zoning Codes
Passed - 5/7/2002
Revisions to Title 12 & 15 - Chapters 12.01, 15.02, 15.04, 15.08 & 15.09
Amends Ords.2806;2832;2863;2905;3122;3333;3338;
3409;3424;3435;3439;3440;3470;3508;3521;3523;3543;
3551;3574
Amended
by Ords.
3612;3615;3624;36393643;3647;3648;
3663;3681;3690;3699;3742;3746;3750;3752;3753;3759;
3761;3770;3792;3805;3830
Amended
by Ord.
3907 (secs.
15.04.040;15.04.050)
Amended
by Ord.
3976 (secs.
15.04.060;15.04.065;15.04.070;15.04.080)
Amended
by Ord.
3977 (Secs.
15.04.090,15.04.100)
Amended
by Ord.
3988 (Secs.
15.04.190;15.04.195)
Amended
by Ord.
4003 (secs
15.04.170;15.04.190)
Amended
by Ord.
4011 (Secs.
15.04.020- .195)
ORDINANCE NO. .36 DO
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Kent City Code Title 15,
Chapters 15.02, 15.04, 15.08, and 15.09 relating to zoning,
and amending Kent City Code Section 12.01.190(H) to
correct a scrivener's error.
WHEREAS, Ordinance No. 3574 was passed on September 18, 2001,
which updated code provisions relating to the administration of development regulations,
and this ordinance has since been codified into the Kent City Code; and
WHEREAS, Section 12.01.190(H) contains an incorrect subsection cite
and needs to be corrected; and
WHEREAS, the City of Kent Planning Services Division has undertaken
review of Title 15 of the Kent City Code in order to identify and correct conflicts and
redundancies, and amend provisions to reflect the current needs of the City's citizens; and
WHEREAS, the Land Use & Planning Board conducted a public hearing
on April 8, 2002, regarding Title 15 and recommended approval of the revisions to Title
15 of the Kent City Code; NOW THEREFORE,
1 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
IJ
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. — Amendment. Section 12.01.190 of the Kent City Code,
entitled "Open record appeal," is hereby amended to correct a scrivener's error to read as
follows:
Sec. 12.01.190. Open record appeal.
H. Notice of appeal. Public notice of the appeal shall be given as provided in
KCC 12.01.145 B)(2)(a) and (bc).
SECTION 2. Chapter 15.02 of the Kent City Code, entitled, "Definitions,"
is hereby amended to read as follows:
Sec. 15.02.113.1. Drive-in, drive-through facilities.
Drive-in drive-throujzh facilities means a business or portion of a business where
a consumer is permitted or encouraged either by the design of physical facilities or by the
provisions of services and/or packaging procedures, to carry on business while seated in
a motor vehicle. This definition shall include but not be limited to drive -up windows,
drive-through banks, and drive-in/drive-through restaurants.
2 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Sec. 15.02.131. Emergency housing, emergency shelter.
Emery housing, emergency shelter means a facility operated publicly or
privately to provide housing for individuals or families who are otherwise homeless and
have no immediate living options available to them. Emergency housing shall not exceed
a ninety (90) day period per individual or family.
Sec. 15.02.528. Transitional housing.
Transitional housing means a facility operated publicly or privately to provide
housing for individuals or families who are otherwise homeless and have no other
immediate living options available to them. Transitional housing shall not exceed an
eioteeff gi twenty-four (24) month period per family or individual.
SECTION 3. Chapter 15.04 of the Kent City Code, entitled, "District
Regulations," is hereby amended to read 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
deternune 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.
3 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.049
15.08 and 15.09
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 parenthetical 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.
4 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
H. Overlay zones. Overlay districts provide policies and regulations in addition to
those in the underlying zoning district. Overlay zones include the Mixed Use Overlay and
the Green River Corridor Special Interest District.
I. Applicable requirements. All applicable requirements shall govem 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 direeter--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.
5 Revisions to Title 12 and 15 -
Chapters 12.01, 15.0291 5.04,
15.08 and 15.09
Sec. 15.04.020. Residential Land Uses.
Zoninit
Districts
PPrincipally
Permitted Uses
5
S = Special Uses
;�
C= Conditional Uses
A= Accessory Uses
S
F
F
yO
C
`[y+]�
S
E
4.1
9
yN
N
&
GJ
�
N
b
41
_
A
p
�'
A
A
v
m
m
>.
'E
G
E
E
E
WJG
F❑
5
a
a
a"
A
v
A
rr�'
p'
y�FC�^j
L❑o
Rq.
tipi
i
y
C
C
fY'
pCT
Ow
W
P�r
t..%
F
G
p.
F
EO
Ca'
¢
i11�
pC
Q
Q
g1
Gi
(iCC
Up
N
iyd
p
?C
N
E
Y
N
,^J
��r
Fi
F
p,
G
i=
Ott
a
y
y
q
A
F
F
C7
5
U
W
U
�'�".
U�
a
a
a
x
a
a
(j
(�
N
C7
o¢
5
C�
.1
C�7
o
a
ai
a
x
x
z
U
3
One single-family dwelling per lot
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
(1)
(1)
(q
(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 units
P
P
P
P
P
P
P
P
P
P
C
(19)
(19)
Co
(2)
(2)
(15)
(20)
(20)
C
(5)
Multifamily dwellings
P
P
P
P
P
P
P
P
C
(2)
(4)
(2)
(2)
(15)
C
(5)
Multifamily dwellings for senior
P
P
P
P
P
G
citizens
(2)
(3)
(2)
Cti)
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 claw I -C
C
C
C
C
P
P
P
P
P
P
C
C
C
P
Group homes class 0-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 II -C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Group homes class III
C
C
C
C
C
C
C
C
Rebuild/accessory 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 homing
P
P
(7)
(7)
Guest cottages and houses
A
A
A
A
A
A
A
A
A
(s)lg8i
Ll
LSl
igl
(8)
(n
l�11(2�.
to
(31
(31)
(1
LZI
in
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
customarily appurtenant to a
(18)
(181
18
(34)
(191
!m
M
1L)
L>I
(Li
permitted we
tAJA
Accessory dwelling units
A
AIA
A
AIA
A
A
A
A
A
A
A
(10)
(10)
(10)(10)
(10)
(10)
(10)
(10)
(10)
(10)
(]0)
(10)
(10)
Zoning
Districts
PPrincipally
Permitted Uses
E
S = Special Uses
C — Conditional Uses
&
m
a
O
A=Accessory Uses
U
V
yr
Urz
7
m
m
Ga
f-1
DF
�
'�o
b
-1
R
W
C
5
s
z6
oC1
t
3
3U
S
m
w
w
r�
y
V
ro
�.��'
�'
o
V
.i?
.�`.
N
c
5
5
c
a
v
w
I
I
.'o
Q�
6
C
U
N
H1
Y
`Q
2
V
U
O
Q
CC
Gi
Qi
(Y.
Chi
rTi
()
�"
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 occupations
A
A
A
A
Al
A
A
A
Al
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
AIA
A
A
(11)
L1
(11)
(11)
(11)(11)
(11)
(11)
(11)(11)
(11)
(11)
(11)
(11)
LLU
L)
LL)
L)
M
L)11
L)
L)
L)
L)
(In
L)
L)
Service buildings
A
Storage buildings and storage of
A
A
A
A
A
A
A
A
A
A
A
A
A
A
recreational vehicles
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
(16)
Drive-in churches; welfare
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
facilities (includlne emeraencv
fU2
(12)
ahelterel;+ 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 pen-nitted uses.
13. Subject to the combining district requirements of the Mobile Home Park Code,
KCC 12.05.
8 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
14. Accessory living quarters are allowed per the provisions of Section 15.08.359.
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, O, 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
devel,.,.mei4 p ,.mit gertificate of occupancy by the city.
21. Subject to 15.08.160(A) and (B) Accessory buildings.
22. One duplex per lot is permitted.
9 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Sec. 15.04.040 Manufacturing Land Uses.
Zonine
Districts
Key
P - Principally Permitted Uses
5
S - Special Uses
b
C — Conditional Uses
A - Accessory Uses
5
CU
r�
Q
y
,
8
8�
8
rS
'O
S
S
A
L
a
app
sCC
p?p`
uv
pTp
a
E
r�r
(J
S
['v
�
V
C
u
�
5
u
V
U
Q
Yom+
Vy6C�O
S'j
7
U
N
G
C
fiG
F}.a.I
pp
.y5
6m�
F
O
a
j
O
c7
we
Ll
V
FJ
Sl
U
C
C.
F4
�
0.pp
Yi
PaaG
C
�
W
T
C.
�
yTO
m
A.
U
5p��
C
ctl
R
U
T[ )
id
is
sus
yGT
�"
�
1i
c'i
(tj
X
pp
aa
vO
eo
' b
5
eaOo
"Gego
iz
mcaei
'omf
a
s�
O
AMrl
C
Va1
44p
mA
a
d
y�
X°
oC
a3
U
0
0
d
rill,
U
Manufacturing, processing, blending
P
P
P
P
P
P
P(2)
and packaging of food and beverage
(27)
(27)
(27)
(27)
(27)
(27)
(27)
products
(1)
Manufacturing, processing, blending
P
P
P
P
P
P
P(2)
and packaging of drugs,
(i
pharmaceuticals, toiletries and
cosmetics.
Manufacturing, processing, blending
P
P
P
P
P
P
P(2)
and packaging of dairy products and
(i)
byproducts.
Industrial Laundry and Dyeing
P
P
P
P
P
P(2)
(including lima supply and diaper
I
(331
services)
LJ
Printing, publishing and allied
P
P
P
C
P
I P
P
P
P(2)
industries
(25)
(1)
Chemicals and related products mfg.
(4)
(4)
C(4)IC(1)
Contractor shops -and -storageP
p
C
p
p
Ll
L51
(D
(5)
L)
Q
Custom arts and crafts products mfg.
P
P
P
P
P(2)
i1)
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,
(l)
lighting, radio, TV communications,
equipment and components
Fabricated metal products mfg.;
P
P
p
p
P
P
P(2)
Custom sheet metal mfg., containers,
(l)
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 similar products,
W
Hazardous substance land uses
(7)
A(7)
(9)
(9)
A(9
(9
A
A
A
9
A
A
A
A
(a)
C(a)
(11)
(11)
(11)
(g)
(15)
(15)
(15)
(18)
C
C
C
C
C
C
C
(12)
(12)
(12)
(16)
(1ts)
(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
Warehousing and distributionP
-ITP
P
P
P
p
P
facilities
(26)
(2a)
(2p)
(20)(2g)
C(1)
10
Zoning
Districts
Key
P— Principally Permitted Uses
u
S s Special Uses
5
S
C — Conditional Uses
u29
A =Accessory Usesa
m
o
v
A
U
b
J
A
b
b
W
a
3
F
F
'O
N
W
>.
u
LI
be
r
N
5
5
a
a
A
F
y
ppC
LJ
JG
z:'�OCOr�
J
�
S
E
Ll
V
iy
iv
8
rz
w
w
ua
L
C
N
lV
v
u
m°
an
a
A
«Qd
P
C5
E
Naps
00
C
C
'A
�C
F
�]
N
�O
rl
x
O
^y
d
UO
O
1i
y
O
7
R
ba
a
DD
N
h
FS�C++Cci
Gn�i:i
�R�rri
0
Q
Q
0
rA
rn
to
h
i
K
G
i4
z
U
F -I
LJ
U
U
V
G
.4
G
Fi
C!
Rail -Truck Transfer Uses
C
C
C
P
P
(17)
(21)
(21)
(22)
(14)
L�]
L11
Outdoor Storage (including truck,
P
P
A
A
A
A
C
P
heavy equipment and contractor
A
C
storage yards as allowed by
l�
Development Standards Sections
15.04.190 & 15 04.210)
Miniwarehouses self -storage
C
P
P
C
P
(23)
Manufacturing of Soaps, detergents,
C
P
and other basic cleaning and
(1)
cleansing preparations
Manufacturing of Plastics and
C
P
synthetic resins
(1)
Manufacturing of Synthetic and
C
P
natural fiber And doth
(1)
Manufacturing of Plywood,
C
P
composition wallboard, and similar
(1)
structural wood products
Manufacturing of Nonmetallic
C
P
mineral products such as abrasives,
(1)
asbestos, chalk, pumice and putty
Manufacturing of Heat resisting or
C
P
structural clay products (brick, tile,
(1
or pipe) or porcelain products
Manufacturing of Machinery and
Cr
heavy machine tool equipment for
)
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)
products, or merchandise made from
(241
(24)
{4)
(1)
previously prepared natural or
(301(30)
(30)
synthetic materials
Manufacturing, processing, treating,
P
P
P
P
assembling and packaging of articles,
iU4
1341
(2U4
(30)
products, or merchandise from
(33o_1(301(30)
C
Previously prepared ferrous,
(1)
nonferrous or alloyed metals
Complexes which include a
P
P
combination of uses, Including a
mixture of office, storage, and light
manufacturing uses
Accessory uses and buildings
A
A
A
p
p
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
(31)
(10)
(10)
(13)
(13)
(10)
(10)
(10)
(6)
permitted use
--FT-FF
Impound lots
1111
C
C
l�
11
Sec. 15.04.050. Manufacturing Land Use Development Conditions.
The following uses require a conditional use permit:
a. Manufacture of such types of basic materials as follows:
(1) Gum and wood chemicals and fertilizers, and basic industrial
organic and inorganic chemicals or products such as alkalis and chlorine, industrial and
liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated
products, tanning compounds, and glue and gelatin.
(2) Hydraulic cement, concrete, gypsum, lime, carbon, carbon black,
graphite, coke, glass and similar products.
b. Manufacture of products such as the following:
(1) Ammunition, explosives, fireworks, matches, photographic film,
missile propellants and similar combustibles.
(2) Rubber from natural, synthetic or reclaimed materials.
(3) Paving and roofing materials or other products from petroleum
derivatives.
C. Refining of materials such as petroleum and petroleum products, metals
and metal ores, sugar, and fats and oils.
d. Distilling of materials such as bone, coal, coal tar, coke, wood and other
similar distillates.
e. Heavy metal processes, such as ore reduction or smelting, including blast
furnaces, and including drop forging, drop hammering, boiler plate works and similar
heavy metal operations:
facilities.
(1) Asphalt batching plants.
(2) Concrete mixing and batching plants, including ready -mix concrete
(3) Rock crushing plants and aggregate dryers.
(4) Sandblasting plants.
12 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
f. Animal and food processing, including the following and similar
operations:
(1) Tanning, dressing and finishing of hides, skins and furs.
(2) Meat and seafood products, curing, canning, rendering and
slaughtering.
(3) Nitrating of cotton and other materials.
(4) Rendering of animal grease or tallow, fish oil and similar materials.
(5) Slaughtering, stockyard, feedlot, dairy and similar operations.
(6) Pickling and brine curing processes.
(7) Wholesale produce markets.
g. Salvage, wrecking and disposal activities, including the following and
sunilar operations:
(1) Automobile and building wrecking and salvage.
(2) Salvage of industrial waste materials such as metal, paper, glass,
rags and similar materials.
(3) Sewage disposal and treatment plants.
(4) Dump and sump operations for such uses as rubbish, garbage, trash
and other liquid and solid wastes.
h. Storage of the following kinds of goods:
(1) Bulk storage of oil, gas, petroleum, butane, propane, liquid
petroleum gas and similar products, and bulk stations and plants.
(2) Used building materials, mover's equipment, relocated buildings,
impounded vehicles and similar materials.
permitted use.
(3) Explosives or fireworks, except where incidental to a principally
(4) Fertilizer or manure.
13 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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.
3. Small scale light manufacturing operations as follows: stamping, brazing, testing,
electronic assembly and kindred operations where the building, structure or total operation
does not encompass more than ten thousand (10,000) square feet of area. The ten -
thousand -square -foot total shall include all indoor and outdoor storage areas associated
with the manufacturing operation. Only one (1) ten -thousand -square -foot manufacturing
operation shall be permitted per lot.
4. Conditional use for manufacturing of paint, but manufacturing of paint is
permitted outright in the M-3 zone.
5. Contractor shops where most of the work is done on call, and which do not rely
on walk-in trade, but where some incidental storage or semi -manufacturing work is done
on the premises, such as carpentry, heating, electrical or glass shops, printing, publishing,
or lithographic shops, furniture, upholstery, dry cleaning and exterminators.
6. Accessory uses shall not include vehicular drive-through, drive-in and service bay
facilities.
7. For permitted uses, hazardous substance land uses, including onsite hazardous
waste treatment or storage facilities, which are not subject to cleanup permit requirements
of chapter 11.02 and do not accumulate more than twenty thousand (20,000) pounds of
hazardous substances or wastes or any combination thereof at any one (1) time on the site,
subject to the provisions of section 15.08.050, except offsite hazardous waste treatment
or storage facilities, which are not permitted in this district.
8. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty
thousand (20,000) pounds of hazardous substances or wastes or any combination thereof
14 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,15.04,
15.08 and 15.09
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.
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 11.02 and which do not accumulate more than five thousand (5,000) pounds
of hazardous substances or wastes or any combination thereof at any one (1) time on the
site, subject to the provisions of section 15.08.050, except offsite hazardous waste
treatment or storage facilities, which are not permitted in this district.
10. Includes incidental storage facilities and loading/unloading areas.
11. For permitted uses, hazardous substance land uses, including onsite hazardous
waste treatment or storage facilities, which are not subject to cleanup permit requirements
of chapter 11.02 and which do not accumulate more than ten thousand (10,000) pounds
of hazardous substances or wastes or any combination thereof at any one (1) time on the
site, subject to the provisions of section 15.08.050, except offsite hazardous waste
treatment or storage facilities, which are not permitted in tlus district.
12. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup requirements of chapter 11.02 and which accumulate more than ten thousand
(10,000) pounds of hazardous substances or wastes or any combination thereof at any one
(1) time on the site or which handle more than twenty thousand (20,000) pounds of
hazardous substances and wastes on the site in any thirty -day period of time, subject to the
provisions of section 15.08.050, except offsite hazardous waste treatment or storage
facilities, which are not permitted in this district.
13. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
14. Including transportation and transit terminals with repair and storage facilities, and
rail -truck stations, except classification yards in the category of "hump yards".
15 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
15. For permitted uses, hazardous substance land uses, including onsite hazardous
waste treatment or storage facilities, which are not subject to cleanup permit requirements
of chapter 11.02 and which do not accumulate more than twenty thousand (20,000)
pounds of hazardous substances or wastes or any combination thereof at any one (1) time
on the site, subject to the provisions of section 15.08.050. Offsite hazardous waste
treatment or storage facilities are not permitted in this district, except through a special
use combining district.
16. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty
thousand (20,000) pounds of hazardous substances or wastes or any combination thereof
at any one (1) time on the site, subject to the provisions of section 15.08.050. Offsite
hazardous waste treatment or storage facilities are not permitted in this district, except
through a special use combining district.
17. Conditional use permit required for trucking terminals and rail -truck transfer uses.
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 11.02 and which do not accumulate more than twenty thousand (20,000)
pounds of hazardous substances or wastes or any combination thereof at any one (1) time
on the site, subject to the provisions of section 15.08.050, except offsite hazardous waste
treatment or storage facilities, which require a conditional use permit in this district.
19. For permitted uses, accessory hazardous substance land uses which are not subject
to cleanup permit requirements of chapter 11.02 and which accumulate more than twenty
thousand (20,000) pounds of hazardous substances or wastes or any combination thereof
at any one (1) time on the site, subject to the provisions of section 15.08.050, except
offsite hazardous waste treatment or storage facilities, which require a conditional use
permit in this district.
a. Offsite hazardous waste treatment or storage facilities, subject to the
provisions of section 15.08.050.
16 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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.
23. Mini -warehouses, provided that the following development standards shall apply
for mini -warehouses, superseding those set out in subsection 15.04.100(E):
a. Frontage use The first one hundred fifty (150) feet of lot depth, measured
from the property line or right-of-way inward from the street frontage, shall be reserved
for principally permitted uses for this district, defined by the provisions of subsection
15.04.100(A)(1), or for the office or onsite manager's unit, signage, parking and access.
A maximum of twenty-five (25) percent of the frontage may be used for access to the
storage unit area, provided that in no case shall the access area exceed seventy-five (75)
feet in width. No storage units or structures shall be permitted within this one hundred
fifty (150) feet of commercial frontage depth.
FtGIt.RM
b. Lot size Minimum lot size is one (1) acre; maximum lot size is four (4)
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.
17 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
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 apply.
(2) Off-street parking may be located in required yards, except in areas
required to be landscaped.
i. Development plan review. Development plan approval is required as
provided in section 15.09.010.
j. Landscaping. Landscaping requirements are as follows:
(1) Front yard: Twenty (20) feet, type III (earth berms).
(2) Side yard: Ten (10) feet, type II abutting commercial uses or
districts; type I abutting residential uses or districts.
(3) Rear yard: Ten (10) feet, type II abutting commercial uses or
districts; type I abutting residential uses or districts.
For maintenance purposes, underground irrigation systems shall be provided for
all landscaped areas.
k. Onsite manager. A resident manager shall be required on the site and shall
be responsible for maintaining the operation of the facility in conformance with the
conditions of the approval. The planning department shall establish requirements for
parking and loading areas sufficient to accommodate the needs of the resident manager
and the customers of the facility.
1. Drive aisles Drive aisle width and parking requirements are as follows:
(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 minimum
depth of five (5) feet.
18 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
n. Building materials. If abutting a residential use or zone, residential design
elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping and
fencing shall be used. No uncomplimentary building colors should be used when abutting
a residential use or zone.
o. Prohibited uses. Use is restricted to dead storage only. The following are
specifically prohibited:
(1) Auctions (other than tenant lien sales), commercial, wholesale or
retail sales, or garage sales.
(2) The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment.
(3) The operation of power tools, spray painting equipment, table
saws, lathes, compressors, welding equipment, kilns or other similar equipment.
(4) The establishment of a transfer and storage business.
(5) Any use that is noxious or offensive because of odor, dust, noise,
fumes or vibration.
(6) Storage of hazardous or toxic materials and chemicals or explosive
substances.
P. Fencing. No razor wire is allowed on top of fences.
Prohibited are those manufacturing activities having potentially deleterious
characteristics, such as initial processing of raw materials (forging, smeltering,
and forming).
The ground level or street level portion of all buildings in the pedestrian overlay
the DC district (as shown in Section 15.04.080) must be retail or pedestrian -oriented.
Pedestrian -oriented development shall have the main ground floor entry located adjacent
a public street and be physically and visually accessible by pedestrians from the
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,
19 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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 direete�manaQer to be of
the same general character as the above permitted uses and in accordance with the stated
purpose of the district, pursuant to section 15.09.065, Use Interpretations.
26. Permitted uses are limited to storage, warehousing, processing and conversion of
agricultural, dairy, and horticultural products, but not including slaughtering or meat
packing.
27. Excluding slaughtering, rendering, curing, or canning of meat or seafood products.
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).
20 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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.
21 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Sec. 15.04.060. Transportation, Public and Utilities Land Uses.
Zoning
Districts
P-Principally
Permitted Uses
u
&
S s Special Uses
5
JG
C® Conditional Uses
v
u
s
a
a
5
A — Accessory Uses
�pjp3
v
S
5
ry
vi
(�
w
p
U
t;
G
i>
C
,
OD
u
N
Q
V
res
res
a1
d.
pp
U
S
�^�j
Q^�y
rrS
Q
O
7
'�gO$
'tO/$�
wt..
U
�'
-
a
2
3
5
�F%l!
1
U
raj
.yvyyyn��
'�O
yy�
yesy
C.
'O
aq�
qy�
..2:
G
tO
R
W
7
2,
f.
5
1
R
^
G.
T
Q
F4
T
`-C•J�
PG
fL
�•
91
'jt
rw
Y
S
E
Li
p
`6
U
O
U
iC
'e`b
S
S
$O
eo
m
^euio
'�
a
p3p
a
'eh
pp°
5
N
a
n
U
O
d
N
U
a
i
cL
a
s
li
RS
RS
U
v
U
3
Commercial parldng lots or structures
C
C
Transportation and transit facilities
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
C
(4�
Railway and bus depots, taxi stands
C
C
C
C
UtWty 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. Firehomes, police
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
stations, libraries and administrative
offices of governmental agencies,
primary and secondary scboda,
vocational schools and colleges.
Accessory an and buildings
A
A
A
A
A
A
A
A I
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
customarily appurtenant to a
[b7,
permitted we
Wireless Telecommunication Facility
2
2
P
P
P
2
2
2
2
2
2
2
2
2
2
2
("WTF") by Administrative approval
in
jjj
(D
Ga
91
21
(y
(ll
(D
(D
(11
(11
W
Ul
in
(1n
fm
Q
M
a)
M
al
Q)
(?1
(31
Q
La i
Q)
(M
(31
f M
(31
Wireless Telecommunication Faclil
-C
&
C
r
C
&
C
f
f
-C
IC
C
C
C
f
£
C
("WTF") by Conditional Use Permit
(Ji
(,B
(¢j
M
M
(¢1
j41
MI
LM
M
M
M
(,1
W
it
(D
M)
01
01
0
M
to
MM
(4
IM
I
LMf31
Ill
LI
M
(dl
1,
22
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 district.
6.
Transportation and transit terminal, including repair and storage facilities and rail -truck
stations, except classification yards in the category of "hump yards".
27. 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 entiteiect to KCC 15.08.035(1).
23 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Sec. 15.04.070. Wholesale and Retail Land Uses.
24
Zoning
Districts
Na
P = Principally Permitted Usesv
Z
S =Special Uses
5
G
S
v
Q
C = Conditional Uses
A =Accessory Uses
'o
F
1�
r5
L
u
srLy
rrEy
pE=
S
er
FiS
FiS❑p
�$
0�^0
U
V
u
Q
U
u
[..l
4.1
•�
L!
Li
'O_
DC
JG
C
i>
LN
S
Q
�^
12
Q%
_T
Py./Gu
��+
❑t7tl
pN
�UyJ
_N
F
S
pt
T
T
T
�.
y
Y��'
9t
'Si
V
•�G
C
0.
�T
UFF
-
S
T
N
9yy�
V
VVC
6�
OD
CAU
m
L4
E
E
Q
f"�
U
d
d
N
M
00
(•"
H
.T.
p�
U
❑
W
�+Nc
U
a
U
a
C<.
a
CYi
CL
U
O
s
y
y
y
N
in
in
n
z
U
Ci
Q
U
U
Bakeries and Coufectionarim
P
P
P
P
(2)
Wholemle bakery
P
P
Bulk retail
P
P
P
P
P
Recycling centers
C
P
Retail Bela of lumber, tools and other
P
P
P
building materials, including
pressmunbled products
Hardware, paint, die and wallpaper
P
PP
P
P
P
P
(retell)
(11)
(2)
Farm equipment
P
P
General merchandise Dry goods, variety
P
P
P
P
P
P
and department storm (retan)
(11)
(2)
Food and convenience storm (retail)
P
P
P
P
P
P
S
P
S
P
(11)
(12)
(4)
(12)
(2)
Automobile, aircraft, motorcycle, boat
P
P
P
and recreational vehicles sola (retail)
Automotive, aircraft, motorcycle and
P
P
P
P
P
P
P
P
marine secasorla (retail)
(13)
(13)
(5)
(2)
(13)
Gasoline service stations
S
S
S
S
S
S
S
S
C
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
Apparel and accemoia (retail)
P
Po1
P
P
P
A
P
(a)
(2)
Furniture, home furnishing (recall)
P
P
P
EP
P
P
(11)
(2)
Eating mad drinking establishments (no
P
P
P
P
P
P
P
A
P
P
P
P
drive-through)
(11)
(15)
(5)
(2)
Eating sad drinking establishments (with
SC
P
S
P
P
drivethrougb)
(6)
(7)
(6)
MO
(2�)
M
(201
(s4)
001
Eating facilities far employees
A
I A
A
A
Planned Development Retail Sales
C
(14)
Driv¢ thru / Drive un businesses
P
P
P
$
P
P
sa
fcommwdal/ra–other than
(UO
ins
(
f1�1ILOI
ating(dninking establishments)
MisWianeum retail. Drugs, antiques,
P
P
P
P
P
P
A
A
P
books. spurting goods, jewelry, 11-ist,
(1 /)
(15)
(R)
(2)
photo supplies, video rental, computer
supplies, Na
Upror store
P
P
P
P
P
P
P
P
01)
(2)
Farm supplies, hay, grain, feed, feacing,
P
P
P
eta (raise)
Nurseries, green houses, garden supplies,
P
P
P
tools, ere
Pa shop (retail and grooming)P
P
d(2)
24
25
l
PPrincioally germitted Uses
S - Special Uses
JGy
&
C m Conditional Uses
b
w
b
A — Accessory Use
.+
tl
JGb
u
F
d
�i
A
.p
&
JG
W
&
v
52
Q
rz
FS
9
a
ci
b
C^
u
vI
fC
F
y
C
Q
..1
4
U
U
5
•p
S
C
a
F
a
U
W
CU7
G
d
x"
%
z
U
Cc�J
q❑
U
U
C7
O
N
Val
Va
Computen and electronics (reta0)
P
P
P
P
P
R)
Hotels and ante6
P
P
P
P
P
P
(1l)
Complexes which Include combinations of
P
P
uses, including a miatare of o®ce, bight
manufacturing, storage and commercial
uses
Outdoor Storage (including truck heavy
P
P
A
A
AA
A
P
equipment and contractor storage yards
JAA
(lqj
fl?)
(19)
(19)
as allowed by Development Standards
Sections 15.00.190 & 15.00.210)
JAA
Accessory uses mod buthisugs customarily
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
appurtemut to a permitted use
(16)
(17)
(16)
(16)
(1�
(1s)
25
Sec. 15.04.080. Wholesale and Retail Land Use Development Conditions.
1. Bulk retail uses which provide goods for regional retail and wholesale markets;
provided that each use occupy no less than forty-three thousand five hundred sixty
(43,560) square feet of gross floor area.
2. All sales, storage and display occur within enclosed buildings.
3. Provided that any restaurant with drive-in or drive-through facilities shall be
located a minimum of one thousand (1,000) feet from any other drive-in restaurant use.
4. Convenience and deli marts are limited to a maximum gross floor area of three
thousand (3,000) square feet.
5. Uses shall be limited to twenty-five (25) percent of the gross floor area of any
single- or multi -building development. Retail and service uses which exceed the twenty-
five (25) percent limit on an individual or cumulative basis shall be subject to review
individually through the conditional use permit process. A conditional use permit shall
be required on an individual tenant or business basis and shall be granted only when it is
demonstrated that the operating characteristics of the use will not adversely impact onsite
or offsite conditions on either an individual or cumulative basis.
6. Special uses must conform to the development standards listed in Section
15.08.020.
7. Drive-through restaurants, only if located in a building having at least two (2)
stories.
8. Accessory uses are only allowed in cases where development plans demonstrate
a relationship between these uses and the principal uses of the property:
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.
26 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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.
Pedestrian -oriented development shall have the main ground floor entry located adjacent
to a public street and be physically and visually accessible by pedestrians from the
sidewalk; and may include the following uses:
a. Retail establishments, including but not limited to, convenience goods,
department and variety stores, specialty shops such as apparel and accessories, gift shops,
toy shops, cards and paper goods, home and home accessory shops, florists, antique shops
and book shops;
b. Personal services, including but not limited to, barber shops, beauty salons
and dry cleaning;
C. Repair services, including but not limited to, television, radio, computer,
jewelry and shoe repair;
d. Food -related shops, including but not limited to, restaurants (including
outdoor seating areas and excluding drive-in restaurants) and taverns;
e. Copy establishments;
f. Professional services, including but not limited to, law offices and
consulting services; and
g. Any other use that is determined by the planning gree -ter -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
service station as a special permit use subject to the development standards listed in
Section 15.08.020.
13. Retail sales are limited to tires, batteries and accessories for industrial vehicle and
equipment.
27 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,15.04,
15.08 and 15.09
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.
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
loadinglunloading areas.
18. Accessory uses shall not include vehicular drive-through, drive-in and service bay
facilities.
19. Reference 15.07.040(C) outdoor storage landscaping_
20. Whenever 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.
28 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Q-- s e n,t nnn CnraAnu T and TT...
Zoning Districts
�SCY
P — Principally Permitted Uses
_
5
S s Special Uses
5
C s Conditional Uses
,�
15
A m Accessory Uses
r
[j
v
va
m
b15
[
n
F
F
C
F
V
v
u
4
6
C
eD
v
5
s
a
a
u
0
T
a
s
E
C
O
U
IS
;
yyaa
=
�yy+e
S
G
u
i
ca°
w
w>>
?
u
c
NINO
eo
m
5
m
i3a"
'eb
=C
Q
V1
F
C
N
�O
.J
2'"
.,
3
U
Vi
�j
00
P4
res
v�
v;,
m
res
o
U
gg
Q
..
N
V
'�
C�
,=1
U
y
y
y
m
U
Uo¢
W
Vu
2
N
2.
2
3
d
d
14
0
2
212
2
2
S.
S
z
U
Q
U
U
o
0
Finance, iusurance, real estate
P
P
P
P
P
P
P
P
P
P
services
(1)
(2)
(3)
(12)
Personal services: Laundry; dry
P
P
P
P
P
P
C
P
P(
P
cleaning; barber, salon; shoe repair;
(12)
I
1
(10)
10)
IP
(2)
(3)
launderettes
(10)
Mortuaries
P
1
P
1
P
C
1
P
(12)
1
1
1(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, duplieahng and
P
P
P
P
P
P
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
storage yards as allowed by
�9]
Development Standards Section
15.04.190 & 15.04.210)
Rental and leasing services for can,
P
P
P
P
P
P
trucks, trotters, furniture and tools
(2)
Auto repair and washing services
C
P
P
P
P
C
(including body work)
I
(5)
Repair services: Watch, TV;
p
p
p
P
P
P
p
p
p
electrical; electronic; upholstery
(12)
(2)
(3)
Professional services: Medical; clinics
j
p
P
P
P
P
P
P
P
P
and other health care related services
(2)
(3)
Heavy Equipment and Truck Repair
P
P
P
C
P
>M
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
(17)
Educational Services: vocational;
P
P
P
P
P
P
P
P
trade; art; music; dancing; barber
(2)
(3)
and beauty
Chortles
S
S
S
S
S
3
3
S
S
S
S
S
S
S
S
S
S
S
S
S
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(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
P
P
(13)
(13)
(13)
(13)
(13)
(13)
(13)
(13)
(13)
(2)
(13)
(13)
(13)
Research, development and testing
p
p
p
P
P
p
P
(2)
(14)
29
Ke
Key
P - Principally Permitted Uses14
Zoning
S
fricts
14
S = Special Uses
C m Conditional Uses
t
99S
q
¢
A s Accessory Uses
U
Fj
t'
�Ar
r
Ll
FJ
O
F
F
722
ai
r
r
icy
C
C
W
r
C
F
J
V
F!
y
S
N
}�
JI
C5
Q
C
W
GEll
Q
Q
N
e1
00
O
F
F
TF
UV8
U
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
customarily appurtenant to a
I
(18)
IA
(18)
(19)
(19)
(18)
(18)
(18)
(15)
permitted use
Boarding kennels and breeding
C
C
C
establishments
Veterinary clinics and veterinary
C
P
P
P
P
C
P
bospitah
(e)
M)
(9b
(8)
(11)
Administrative or emotive offices
P
P
P
P
P
wbkb are part of a predominant
industrial operation.
OIBea incidental and necessary to the
A
A
A
A
A
conduct of a principally permitted use
I+
I
I
I
I
I
I
30
Sec. 15.04.100. Service Land Use Development Conditions.
1. Banks and financial institutions (excluding drive-through).
2. Uses shall be limited to twenty-five (25) percent of the gross floor area of any
single- or multi-building development. Retail and service uses which exceed the twenty-
five (25) percent limit on an individual or cumulative basis shall be subject to review
individually through the conditional use permit process. A conditional use permit shall
be required on an individual tenant or business basis and shall be granted only when it is
demonstrated that the operating characteristics of the use will not adversely impact onsite
or offsite conditions on either an individual or cumulative basis.
3. All sales, storage and display occur within enclosed buildings.
4. Special uses must conform to the development standards listed in section
15.08.020.
5. Excluding auto body repair.
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.
9. Veterinary -srmivS- and -animal -hospital scn'-iccTwixcii-rociicvccio-cxvscrannr-vnc
hundfed fifty (ISO) feet to an�v, residential use, pr-eviding the amma4s afe housed ifideefr"
w4h ne outside fans, and the Wilding is soundpfeefed. Sew*reefing must be designed
31 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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.
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 -oriented. Pedestrian -
oriented development shall have the main ground floor entry located adjacent to a public
street and be physically and visually accessible by pedestrians from the sidewalk; and may
include the following uses:
a. Retail establishments, including but not limited to, convenience goods,
department and variety stores, specialty shops such as apparel and accessories, gift shops,
toy shops, cards and paper goods, home and home accessory shops, florists, antique shops
and book shops;
b. Personal services, including but not limited to, barber shops, beauty salons
and dry cleaning;
C. Repair services, including but not limited to, television, radio, computer,
jewelry and shoe repair;
d. Food -related shops, including but not limited to, restaurants (including
outdoor seating areas and excluding drive-in restaurants) and taverns;
e. Copy establishments;
f. Professional services, including but not limited to, law offices and
consulting services; and
32 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
g. Any other use that is determined by the planning direeter-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.
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 not include vehicular drive-through, drive-in or service bay
uses.
16. Contract construction services office use does not include contractor storage yards,
which is a separate use listed in Section 15.04.040.
17. Outside storage or operations yards are permitted only as accessory uses. Such
uses are incidental and subordinate to the principal use of the property or structure.
18. Includes incidental storage facilities and loading/unloading areas.
19. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
20. Shall only apply to medical and dental offices and/or neighborhood clinics.
33 Revisions to Title 12 and 15 -
Chapters 12.01, 15.029 15.04,
15.08 and 15.09
Sec. 15.04.110. Cultural, Entertainment and Recreation Land Uses.
34
Zoning
Districts
P-Principally
Permitted Uses
u
&
S - Special Uses
5
C - Conditional Uses
a
Q
A- Accessory Uses
5
F
L
o
=
5
6
5
5
°
5
b
s
s
a
z
o
O
N
ea
G
_
L
F
D
E
N
E
b
7
m
.-T.
7
{U.
p
ccg�
S
W
^
fi
llW��
^p
T
G
'N
L•
W
q�
r�
Fi
rG
U
O
.5}3C
lY
N
RN
JGN
O
a
d
V
>'
cR
w
co
w
>>
°p
2
JG
b
''9Q
E
V
?
Oa
^06
f7
20
0a
t].
,
..
3
E1
t
Oa
A
L
.�Rid
F
rq
C
F
N
.D
J
l
l
O
U
U
S
7
.S
g
C7
d
a
a
a
a
z
a
w
`�
o
d
F
N
3
a
cG
a
z
a
a
a
U
s
y
y
Cn
z
U
U
o
Performing and cultural arts toes,
I
P(3)
P
P
P
P
P
P(1)
such as art 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; arenas; auditoriums and
exhibition hulls, bowling alleys,
C(9)
dart playing facilities, skating
rinks, community clubs; athletic
clubs; recreation centers; theaters
(excluding school facilities)
Public assembly (outdoor).
P
P
Fairgrounds and amusement
parka; tennis courts; athletic
fields; miniature golf; go-cart
tracks; drive-in theaters; etc.
Open space use: Cemeteries,
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P(6)
P(6)
C
(7)
('h)
C
C
C
C
C
C
C
parks, playgrounds, golf courses
C
C
C
C
and other recreation facilities,
Including bufidhW or structures
associated therewith.
Employee recreation areas
A
A
A
A
Private dubs, fraternal lodges, eta
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
(5)
C
C
C
C
C
C
(5)
C
C
Recreational vehicle parks
C
P
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(4)
customarily appurtenant to a
permitted use
Recreational buildings In MHP
A
34
Sec. 15.04.120. Cultural, Entertainment and Recreation Land Use Development
Conditions.
All sales, storage and display occur within enclosed buildings.
2. Principally permitted uses are limited to indoor paintball, health and fitness clubs
and facilities, gymnastic schools and other similar uses deemed compatible with the
general character and stated purpose of the district.
3. The ground level or street level portion of all buildings in the pedestrian overlay
of the DC district (as shown in Section 15.04.080) must be retail or pedestrian -oriented.
Pedestrian -oriented development shall have the main ground floor entry located adjacent
to a public street and be physically and visually accessible by pedestrians from the
sidewalk; and may include the following uses:
a. Retail establishments, including but not limited to, convenience goods,
department and variety stores, specialty shops such as apparel and accessories, gift shops,
toy shops, cards and paper goods, home and home accessory shops, florists, antique shops
and book shops;
b. Personal services, including but not limited to, barber shops, beauty salons
and dry cleaning;
C. Repair services, including but not limited to, television, radio, computer,
jewelry and shoe repair;
d. Food -related shops, including but not limited to, restaurants (including
outdoor seating areas and excluding drive-in restaurants) and taverns;
e. Copy establishments;
f Professional services, including but not limited to, law offices and
consulting services; and
g. Any other use that is determined by the planning dtreetarmanager 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.
35 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,1 S 04,
15.08 and 15.09
4. Accessory uses shall include vehicular drive-through, drive-in or service bay
facilities.
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.
36 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Sec. 15.04.130. Resource Land Uses.
Zoning Districts
Kev
Principally Permitted Uses
u
S
S - Special Uses
B
C - Conditional Uses
v
u
Ca
5
A s Accessory Uses
w
$
V
5
t;
a
JG
w
9
w
w
w
S
U
v
eo
N
v
w
W
t&
rS
A
Cbe
'r/y�
vyy�
b
i?
'O
7
5ggn
q
'9
T
uD
V
V
yy�
Cw]
W
wy
yw
W
W
G
C�
NG
r
pp
gF+
g�
ro
JG
b
a
c
fn
e
S
v
°�
d
Y
y
°O
y
a
a
a
ale
a
oxeU�
wU
cU�
o
Q
N
m
3
ci
d
vai
vai
o
y
i
i
.�
z
U
❑
Q
U
U
U
O
t7
Agricultural uses such as planting and
P
P
P
P
barvatina of crops, animal hwbandry
(Including wholesale nurseries and
greembouses)
Crop and tree farming
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Storage, Rmwfaeluriell processing
R
P
and conversion of agricultural
products (not including slaughtering
or meat pachlmci
Accessory wee 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
customarily appurtenant to a
JA.A
permitted we
Roadside stands
(3)
(2
(3)
(2)
37
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:
1. Uses which occupy or would occupy large areas of land.
2. Uses which would involve the construction of buildings or other structures
of unusual height or mass.
3. Uses which house, employ or serve large numbers of people.
38 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15 04,
15.08 and 15.09
4. Uses which generate heavy traffic.
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 ung ager, warrant
review by the planning eanunissieft land use & planningboard oard and the city council.
8. Examples of uses subject to review as described in this subsection would
include but are not limited to the following:
a. Commercial uses: sports stadiums, rodeos, fairgrounds, exhibition
or convention halls, merchandise marts and drive-in theaters.
b. Special environmental problems posed by: refineries, nuclear
power generating plants, airports, heliports, sanitary landfills, extractive industries, solid
waste incinerators or energy/resource recovery facilities.
C. Hazardous wastes: offsite hazardous waste treatment or storage
facilities in M1 and M2 districts only, subject to the provisions of section 15.08.050.
B. Application procedures. The application procedure for a special use combining
district shall be the same as for an amendment to this title as provided in section
15.09.050, except that development plan approval is concurrent with the combining
district.
C. Documentation required. Required documentation is as follows:
1. A vicinity map drawn to a scale not smaller than one thousand (1,000) feet
to the inch showing the site in relation to its surrounding area, including streets, roads,
streams or other bodies of water, the development characteristics and zoning pattern of
the area, and a scale and north arrow. The vicinity map may be in sketch form but shall
be drawn with sufficient accuracy to reasonably orient the reader to the vicinity, and to
adequately convey the required information.
39 Revisions to Title 12 and 15 -
Chapters 12.01, 15.029 15.04,
15.08 and 15.09
2. A map or drawing of the site drawn to a scale acceptable to the planning
depaAm 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.
b. Such existing or proposed features as streams or other bodies of
water, rights-of-way, easements and other physical or legal features which may affect or
be affected by the proposed development.
C. Existing and proposed topography at contour intervals of not more
than five (5) feet in areas having slopes exceeding three (3) percent, and not more than
two (2) feet in areas having slopes of less than three (3) percent.
d. Accurate legal description of the property.
e. Existing and proposed structures or buildings, including the
identification of types and proposed use of the structures. All uses must be compatible
with the major use.
f. Off-street parking and loading facilities.
g. Dimensions of the site, distances from property lines and space
between structures.
h. Tentative routing of domestic water lines, storm drains, sanitary
sewers and other utilities, including an identification of planned disposal or runoff.
i. Elevations, perspective renderings or such other 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.
development.
j. Architectural renderings of buildings.
k A written statement providing the following information:
(1) Program for development, including staging or timing.
(2) Proposed ownership pattern upon completion of
(3) Basic content of restrictive covenants, if any.
40 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
(4) Provisions to ensure permanence and maintenance of open
space through means acceptable to the city.
(5) Statement or tabulation of number of persons to be
employed, served or housed in the proposed development.
(6) Statement describing the relationship of the proposed
development to the city comprehensive plan.
(7) Statement indicating availability of existing or proposed
sanitary sewers.
3. Such other data or information as the planning department may require.
D. Development standards. In reviewing and approving proposed developments
falling under the purview of this section, the hearing examiner and city council shall make
the following findings:
1. That the location for the proposed use is reasonable.
2. That existing or proposed trafficways are adequate to serve new
development.
3. That setback, height and bulk of buildings are acceptable for the proposed
use and for the vicinity in which it is located.
4. That landscaping and other site improvements are comparable to the
highest standards set forth for other developments as set out in this title.
5. That the performance standards pertaining to air and water pollution, noise
levels, etc., are comparable to the highest standards specified for other uses as set out in
this title.
6. That the proposed development is in the public interest and serves a need
of community -wide or regional importance.
In reviewing and approving special uses, the hearing examiner and the city council
may impose such conditions as they deem necessary in the interest of the welfare of the
city and the protection of the environment.
41 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 1 S. 04,
15.08 and 15.09
E. Period of validity. Any special use combining district shall remain effective only
for one (1) year unless the use is begun within that time or construction has commenced.
If not in use or construction has not commenced within one (1) year of the granting of the
special use combining district, the combining district shall become invalid, and the
original zoning designation of the land shall apply.
F. Minor and major adjustments.
1. If minor adjustments are made following the adoption of the final
development plan and approval of the combining district, such adjustments shall be
approved by the planning direeter-manager prior to the issuance of a building permit.
Minor adjustments are those which may affect the precise dimensions or siting of
buildings approved in the final plan, or the density of the development or open space
provided.
2. Major adjustments are those which, as determined by the planning
difeetofirinager, substantially change the basic design, density, open space uses or other
similar requirements or provisions. Authorization for major adjustments shall be made by
the city council.
3. The provisions of this subsection pertaining to minor and major
adjustments shall apply to various parts of a staged development.
Sec. 15.04.160. Development Standards. Development standards are li
down the left side of the tables, and the ixening distfiets afe 4sted at the top. The matfoE
the entife zone. A blank boy, indieates that 1hefe afe no speeiffe requir-emen4s. if fnefe
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
42 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
districts are located on the vertical columns of these tables. The minimum dimensional
requirements are located in the box at the intersection of the column and the row. The
parenthetical numbers in the boxes identify sspecific requirements applicable either to a
special use or the entire zone The parenthetical numbers correspond to numbers in the
subsection immediately following each table.
43 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,15.04,
15.08 and 15.09
Sec. 15.04.170. Agricultural and Residential Zone Development Standards.
ZooninilDistricts
V
V
�
v
�
a�
�
�
`�
r�
$
'o
�
�•
a
21
ra
C
05
C
C3
-r
CL
c�
CnW
tr
�
co
o
x
x
a
rn
W
W
m
to
F
F
SF
Duplex
SF
jDaplex
MF
SF
Duplex
MF
SF
Duplex
MF
SF
Duplex
MF
SF
Duple:
MF
Maximum
1
1
218
3.63
453
6.05
8.71
$71
1089
12.0
12.0
160
16.0
160
16
230
23
40 0
40
density: dwelling
du/ac
du(ac
dus/ac dualac
chalet
cludac
duo/at
a
dust=a
us/a
osh
a
oa/a
dus/ae
"vee
ue.
a
mita per acre
c
c
c
c
c
c
c
c
Midmam lot
34,700
1 ac
34,700
16,000
9,600
7,600
5,700
4,000
4,000
8,000
mue
8,000
11,5001
now
8,000
11,5000
nose
8,000
none
8,000
8
Mae
8,000
86,500
area: square feet
sq R
sq ft
sq ft
sq R
sq ft
sqft
sq ft
sq ft
sq it
ft
3,500
q ft
3,500
sq ft
2,500
s9 ft
1,600
ha ft
900
or acs, as
sq ft
sq ft
aq ft
sq ft
sq ft
noted
(27)
(1)
(2)
(3)
Mlaimum lot
60 R
60 ft
50 ft
5011
Soft
50 R
40 ft
25 ft
80 ft
25 ft
80 R
80 ft
1 25 ft
1 80 it
80 ft
25 ft
80 R
M R
25 ft
80 R
soft
25 ft
s0 It
80 ft
width: feet (4)
Maximum site
30%
SO%
457.
45%
SON
55%
409/6
55146
014
45%
556A
40%
5514
40%
45%
55%
40%
45%
S5%
40%
50%
coverage:
130119130%
(5)
(5)
(5)
15514
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
1
14514
(5)
(5)
(5)
(5)
(5)
(5)
(5)
percent of site
Minimum yard
(22)
requirements:
feet
Froatyard
20ft
30 ft
20 it
IOR
10ft
loft
1011
loft
loft
1011
IOR
IOR
20ft
]OR
loft
2011
IOft
1011
20ft
Ion
loft
20ft
loft
loft
20ft
(6)
(7)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(e)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
Side yard
15ft
(10)
]Sit
5ft
5ft
Sit
5ft
5ft
Sit
Sit
5ft
Sit
(11)
5ft
Sit
(11)
511
SR
(11)
5ft
5ft
(11)
5ft
5ft
(11)
(30)
(30)
(30)
(30)
(30)
(30)
Side yard on
loft
loft
loft
loft
loft
loft
loft
loft
loft
loft
loft
l5ft
loft
loft
15@
loft
loft
15ft
loft
loft
15ft
loft
loft
1511
Ranking street of
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
a corner lot
Rear yard
20ft
15ft
5ft
Sft
5ft
Sft
Sft
5ft
811
Sft
Sit
2011
5ft
811
20ft
511
811
20ft
5ft
Sft
20ft
SR
811
20ft
Additional
(12)
(13)
(12)1.331
;1,�.)
(14)
(311
iii.)
(14)
LU)
1211
(14)
(14)
(14)
setbacks/
(15)
M
(l,}]
(15)
(15)
(15)
(15)
distances
L3i1
M
(31)
between
f?31
buildings
Height
23
2 stry/
25
25
25
2 5
25
2.5
2.S
25
2.5
2 stry/
3
2.5
2 stry/
3
25
253
2 5
2 5
3
2S
5
4
limitation: In
stry/
35 R
aryl
stry/
airy/
stry/
stry/
stry/
dry/
stry/
sfry/
30 R
slry/
shy/
30 ft
airy/
airy/
stry/ 35slryl
try/ 30
stry/ 35
stryl
stry/
aiIr2/ 35
stry/
stories/not to
35 It
(17)
35 ft
35 R
35 R
3511
35 R
30 It
30 R
it
30 R
30 R
30 R
30 ft
30 R
it
40 It
it
11
40 It
30 ft
It
5011
exceed In feet
(16)
(19)
Maximum
40%
40%
40%
50%
60%
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)
(19)
(19)
(19)
(19)
(19)
(19)
sarfkm: percent
of total parcel
area
Zero kat Hue and
The provldom In Sections 15.011.300, 310, 320, sod 330 shall apply
clustering (24)
Signs
The alp regdatious of Chapter 15.06 shall apply.
offstreet
The off-street larking requirements of Chapter 15.05 shall apply
ping
Landscaping
The landscaping requlremems of Chapter 15.07 shag apply
Mold -family
(25)
(25)
(25)
(25)
(25)
Transition Area
(26)
(26)
Mdtl-family
(26)
(26)
1
(26)
dais review
Additional
Additional standards for specific uses are contained in Chapter 15.08 and Chapter 15 09
standards
(20) (20) (2li (28) (28)
(21) (29) (29)
44
Sec. 15.04.180. Agricultural and Residential Land Use Development
Standard Conditions.
1. Minimum lot area is eight thousand five hundred (8,500) square feet for the first
two (2) dwelling units, and two thousand five hundred (2,500) square feet for each
additional dwelling unit.
2. Minimum lot area is eight thousand five hundred (8,500) square feet for the first
two (2) dwelling units, and one thousand six hundred (1,600) square feet for each
additional dwelling unit.
3. Minimum lot area is eight thousand five hundred (8,500) square feet for the first
two (2) dwelling units, and nine hundred (900) square feet for each additional dwelling
unit.
4. To determine minimum lot width for irregular lots, a circle of applicable diameter
(the minimum lot width permitted) shall be scaled within the proposed boundaries of the
lot, provided that an access easement to another lot is not included within the circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within the front
building set back line.
7. For properties abutting on West Valley Highway, the frontage on West Valley
Highway shall be considered the front yard.
8. Proposed front yards less than twenty (20) feet in depth are subject to approval by
the planning diresto :manager, based on review and recommendation from the public
works department relative to the existing and future traffic volumes and right-of-way
requirements as specified in the city comprehensive transportation plan and city
construction standards.
9. At least twenty (20) linear feet of driveway shall be provided between any garage,
carport or other primary parking area and the street property line with the exception of an
alley property line.
45 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,15.04,
15.08 and 15.09
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 MRT-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.
12. Structures for feeding, housing and care of animals, except household pets, shall
be set back fifty (50) feet from any property line.
13. Additional setbacks for the Agriculture General AG zoning district.
a. Structures for feeding, housing and care of animals shall be set back fifty
(50) feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins a residential
district containing a density of two (2) dwelling units or more per acre or a proposed
residential area indicated on the city comprehensive plan. Such transitional conditions
shall not exist where the separation includes an intervening use such as a river, railroad
main line, 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 provided.
C. Setbacks, Green River. Industrial development in the AG district abutting
the Green River, or Russell Road or Frager Road where such roads follow the river bank,
shall be set back from the ordinary high-water mark of the river a minimum of two
hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan and
in accordance with the high quality of site development typically required for the
industrial park areas of the city and in accordance with the state Shoreline Management
46 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Act of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline
Management Act.
14. An inner court providing access to a double -row building shall be a minimum of
twenty (20) feet.
15. The distance between principal buildings shall be at least one-half the sum of the
height of both buildings; provided, however, that in no case shall the distance be less than
twelve (12) feet. This requirement shall also apply to portions of the same building
separated from each other by a court or other open space.
16. The height limitations shall not apply to barns and silos provided that they are not
located within fifty (50) feet of any lot line.
17. Beyond this height, to a height not greater than either four (4) stories or sixty (60)
feet, there shall be added one (1) additional foot of yard for each additional foot of
building height.
18. The planning 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
dwestermanager may impose such conditions, within a reasonable amount of time, as may
be necessary to reduce any incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum impervious surface
area allowed shall be ten thousand (10,000) square feet when the lot is greater than one
(1) acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations, provided that limited grade and fill may be
approved as needed to construct permitted buildings or structures.
C. All subsurface activities, including excavation for underground utilities,
pipelines or other underground installations, that cause permanent disruption of the
surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner
47 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
consistent with agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid waste, or of trash,
rubbish or noxious materials.
e. Activities that violate sound agricultural soil and water conservation
management practices.
21. Outdoor storage for industrial uses shall be located at the rear of a principally
permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP The standards and procedures of the
city mobile home park code shall apply. General requirements and standards for mobile
home park design, 12.04.520; mobile home parks, Ch. 12.05.
23. Except for lots used for agricultural practices, the maximum impervious surface
area allowed shall be ten thousand (10,000) square feet.
24. Minimum lot width, building setbacks, and minimum lot size regulations may be
modified consistent with provisions for zero lot line and clustering housing development.
25. The requirements of section 15.08.215 shall apply in any multifamily transition
area, which includes any portion of a multifamily district within one hundred (100) feet
of a single-family district or within one hundred (100) feet of a public street right-of-way.
26. The requirements of section 15.09.047 for multifamily design review shall apply
to any multifamily dwelling of three (3) or more units.
27. Minimum lot area is eight thousand five hundred (8,500) square feet for the first
two (2) dwelling units, and three thousand five hundred (3,500) square feet for each
additional dwelling unit.
28. The following zoning is required to be in existence on the entire property to be
rezoned at the time of application of a rezone to an MR -T zone: SR -8, MR -D, MR -G,
MR -M, MR -H, O, O -MU, NCC, CC, GC, DC or DCE.
29. All multifamily townhouse developments in the MR -T zone shall be
condominiums only. A condominium plat shall be filed and recorded pursuant to Chapter
64.32 RCW prior to approval of a development permit by the city.
48 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
30. As an option to the five (5) foot side yard requirement for single-family
development in all multifamily zoning districts as set forth in KCC 15.04.170, a side yard
width of no less than three (3) feet may be utilized under the following conditions:
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 of such
approval.
31. Where lands are located wholly or partially within the urban separator, as
designated on the City of Kent Comprehensive Land Use Plan Map, dwelling units shall
be required to be clustered, subject to the provisions of Ch. 12.04 KCC, entitled
"Subdivisions". The density in a cluster subdivision shall be no greater than the density
that would be allowed on the parcel as a whole, including all critical areas (creeks,
wetlands, geological hazard areas) and buffers, using the maximum density provisions of
the zoning district in which it is located.
The common open space in a cluster subdivision shall be a minimum of fifty (50)
percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel
includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as
currently and hereinafter amended, and buffers. The remainder of the nonconstrained area
of the parcel shall be the buildable area of the parcel. The common open space tracts
created by clustering shall be located and configured in the manner that best connects and
increases protective buffers for environmentally sensitive areas, connects and protects area
wildlife habitat, creates connectivity between the open space provided by the clustering
49 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
and other adjacent open spaces as well as existing or planned public parks and trails, and
maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size
and common open space requirements in a cluster subdivision. All natural features (such
as streams and their 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 minimum lot width is thirty (30) 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.
50 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
32 For multifamily townhouse developments that attach three (3) units the mmimum
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).
51 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Sec.15.04.190. Commercial and industrial zone development standards.
52
ZONING
DISTRICTS
R
�vY
D
r
A
VV
y�
N
ry
y
JG
a{�
a
JG
I-1
I-1
C
_
A
,W
W
f.l
rUr
y
rUr
y
Cy
T?C
pp
U
q88
O
v
�p
Q
F
N
G
2
3
U
5
m
at
5
a
3
O
o
,
z
v
o
Minimum lot area: square feet or acres, as
10,000
10,000
5,000
5,000
10,000
10,000
10,000
10,000
1 acre
1 acre
10,000
20,000
15,000
10,000
noted
sq ft
sq ft
sq ft
sq ft
wilt
5q ft
sq ft
sqft
sqft
sqft
sq ft
sq ft
(1)
Maximum site coverage: percent of site
40%
40%
100%
100%
50%
50%
40X
30X
50%
60%
60%
65Y.
75%
40%
Minimum yard requirements: feet
Front yard
151t
15ft
(2)
(3)
1511
15ft
20 R
25 R
30 ft
(5)
(5)
(67)
(7)
15 it
(4)
Side yard
(8)
(9)
(2)
(3)
(10)
(10)
(10)
(10)
(11)
(12)
(12)
(13)
(14)
5 ft
(l5)
(l6)
Side yard on flanking street of a corner lot
(17)
(17)
(17)
(18)
15 R
Rear yard
20 R
20 ft
(2)
(3)
(19)
(19)
(19)
(19)
(20)
(20)
(21)
(21)
5 ft
(2)
(22)
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 stry/
(32)
2 stry
2 stry
2 stry
3 stry/
2 stry/
2 stry/
2 stryl
2 stry/
2 stry/
3 stry/
feet
35 R
40ft
60 R
35 ft
351t
35 R
40 R
35 R
35 R
35 R
35 ft
35 R
40 R
(30)
(31)
(30)
(30)
(30)
(33)
(35)
(35)
(35)
(37)
(38)
(34)
Landscaping
(52)
(52)
Outdoor storage
(39)
(39)
(40)
(40)
(10)
(42)
(43)
(43)
(44)
(45)
(59)
(41)
(41)
(Sl)
Signs
(60)
Vehicle drive-through, drive-in and service
M
00
L411
Li61
4L16
(46)
bas
1631
Loading areas
(17)
(47)
(47)
(47)
(48)
(48)
(49)
(51)
Off-street parking
The off-street parlang requirements of Ch 15 05 KCC shall apply
(57)
1 (57)
(57)
(57)
(58)
(58)
(59)
(57)
Additional standards
(50)
(36)
(31)
(31)
(50)
(50)
(36)
(36)
(50)
(50)
(50)
(50)
(50)
L 1
(50)
(50)
(50)f�€1
SL61
(50)
(50)
(56)
(53)
(53)
(54)
(54)
L�41
ISO
Ill
IN)
IN)
(54)
(54)
(55)
(55)
(55)
(55)
(56)
(56)
(56)
(56)
52
Sec. 15.04.195. Commercial and industrial land use development standard
conditions.
1. Mnimum 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 minimum
setback of twenty (20) feet.
b. Properties fronting on local access streets shall have a minimum 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.
b. Properties fronting on local access streets shall have a minimum 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 yard is required, except when abutting a district other than NCC, and then
the side yard shall be not less than twenty (20) feet in width.
53 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
9. No side yard is required, except when abutting a more restrictive district, and then
the side yard shall be not less than twenty (20) feet in width.
10. No side yard is required, except abutting a residential district, and then the side
yard shall be twenty (20) feet minimum.
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 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 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
minimum of ten (10) feet on each side.
15. A side yard of at least five (5) feet in depth shall be provided along the side
property lines, except no side yard shall be required between adjacent properties where
a common, shared driveway with a perpetual cross -access easement is provided to serve
the adjoining properties.
16. Where a side yard abuts a residential district, a side yard of at least twenty (20) feet
shall be provided.
17. The minimum side yard on the flanking street of a corner lot shall be related to the
classification of the adjacent street. This classification shall be determined by the city
transportation engineer. The setbacks are as follows:
a. Properties fronting on arterial and collector streets shall have a minimum
setback of forty (40) feet.
54 Revisions to Title 12 and 15 -
Chapters 12.01, 15.029 15.04,
15.08 and 15.09
b. Properties fronting on local access streets shall have a minimum setback
of thirty (30) feet.
18. The side yard on the flanking street of a corner lot shall be at least ten (10) percent
of the lot width, unless the ten (10) percent figure would result in a side yard of greater
than twenty (20) feet, in which case the side yard need not be more than twenty (20) feet.
19. No rear yard is required, except abutting a residential district, and then the rear
yard shall be twenty (20) feet minimum.
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 M 1 or M 1-C district
adjoins a residential district containing a density of two (2) dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive plan. Such
transitional conditions shall not exist where the separation includes intervening use such
as a river, freeway, railroad main line, major topographic differential or other similar
conditions, or where the industrial properties face on a limited access surface street on
which the housing does not face. When transitional conditions exist as defined in this
subsection, a yard of not less than fifty (50) feet shall be provided.
24. Transitional conditions shall exist when an M2 district adjoins a residential district
containing a density of two (2) dwelling units or more per acre or a proposed residential
area indicated on the city comprehensive plan. Such transitional conditions shall not exist
where the separation includes an intervening use such as a river, freeway, railway main
line, major topographic differential or other similar conditions, or where the industrial
properties face on a limited access surface street on which the housing does not face.
55 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
When transitional conditions exist as defined in this subsection, a yard of not less than
fifty (50) feet shall be provided.
25. Transitional conditions shall exist when an M3 district adjoins a residential district
containing a density of two (2) dwelling units or more per acre or a proposed residential
area indicated on the city comprehensive plan. Such transitional conditions shall not exist
where the separation includes an intervening use such as a river, railroad main line, major
topographic differential or other similar conditions, or where the industrial properties face
on a limited access surface street on which the housing does not face. When transitional
conditions exist as defined in this subsection, a yard of not less than fifty (50) feet shall
be provided.
26. Structures for feeding, housing and care of animals shall be set back fifty (50) feet
from any property line.
27. Transitional conditions shall exist when an MA district adjoins a residential
district containing a density of two (2) dwelling units or more per acre or a proposed
residential area indicated on the city comprehensive plan. Such transitional conditions
shall not exist where the separation includes an intervening use such as a river, railroad
main line, major topographic differential or other similar conditions, or where the
industrial properties face on a limited access surface street on which the housing does not
face. When transitional conditions exist as defined in this subsection, a yard of not less
than fifty (50) feet shall be provided.
28. Industrial development in the MA district abutting the Green River, or Russell
Road or Frager Road where such roads follow the river bank, shall be set back from the
ordinary high-water mark of the river a minimum of two hundred (200) feet. Such
setbacks are in accordance with the city comprehensive plan and are in accordance with
the high quality of site development required for the industrial parks area of the city,
which MA areas are designated to become in the city comprehensive plan, and are in
accordance with the state Shoreline Management Act of 1971, and shall be no more
restrictive than, but as restrictive as, the Shoreline Management Act.
56 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
29. Development in the M1 or Ml -C district abutting the Green River, or Russell
Road or Frager Road where such roads follow the river bank, shall be set back from the
ordinary high-water mark of the river a minimum of two hundred (200) feet. Such
setbacks are in accordance with the state Shoreline Management Act of 1971, and shall
be no more restrictive than, but as restrictive as, the Shoreline Management Act.
30. The planning manaQerdifeeter 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 criteria
outlined in KCC 15.09.046.
33. Beyond this height, to a height not greater than either four (4) stories or sixty (60)
feet, there shall be added one (1) additional foot of yard for each additional foot of
building height.
34. The planning manaeerdifeetef 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
df eter-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) stories or sixty (60)
feet, there shall be added one (1) additional foot of yard for each one (1) foot of additional
building height. The planning managerdifeeter shall be authorized to approve one (1)
additional story, provided such height does not detract from the continuity of the industrial
area, and may impose such conditions as may be necessary to reduce any incompatibility
with surrounding uses. Any additional height increase may be granted by the planning
commission.
57 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,15.04,
15.08 and 15.09
36. Design review for mixed use development is required as provided in KCC
15.09.045(E).
37. The height limitation is two (2) stories 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 managerdiFeeleF 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 maybe 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) stories or forty (40) feet. An additional story or
building height may be added, up to a maximum of five (5) stories or sixty (60) 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 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 M1 or M1 -C zone shall be permitted
only as accessory uses. Such uses are incidental and subordinate to the principal use of
the property or structure. Outside storage or operations yards shall be confined to the area
to the rear of the principal building or the rear two-thirds (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
58 Revisions to Title 12 and 15 -
Chapters 12.01, 1 S. 02, 1 S. 04,
15.08 and 15.09
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.
designed so that stieh f6eilities, ifieluding vehiettlaf staging or staeking areas, shall
b
may b-e
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 mmimum
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 rights-of-way. Berms shall be a minimum
59 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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 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 manaQerdir-eeter 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 manaQerdffeeteF 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)
60 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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 Ml -C zone shall be as specified in KCC
15.06.050(E).
61. AU 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.
61 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
1508 and 15.09
Sec. 15.04.200. Mixed use overlay development standards.
62
Overlay Dlat&W
GC -MU
0 -MU
CC -MU
FIoor area ratio
40 for commercial uses
40 for commercial uses
40 for commercial uses
50 for commercial uses combined
50 for commercial uses combined
50 for commercial uses combined
with residential uses, provided that,
with residential uses; provided that,
with residential uses, provided that,
commercial floor area may be
commercial floor area may be
commercial floor area may be
increased by one (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
commercial FAR of 5
commercial FAR of 5
10 for residential uses, provided that,
10 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 15
up to a maximum of 15
up to a maximum of 1 5
Site coverage
Forty (40) percent for commercial
Forty (40) percent for commercial
Forty (40) percent for commercial
uses
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 to
the maximum height of forty (40) fat
the maximum height of forty (40) feet
the maximum height of forty (40) feet
(1)
(0
(9
Front 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 )10) 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
distract
Off-street parlang
Retail/office uses Four (4) spaces
Reta llofiice 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 thousand (1,000) square feet of
floor area (2)
floor area (2)
floor area (Z)
Residential uses (3)
Residential uses (3)
Residential uses (3)
62
Sec. 15.04.205. Mixed Use Land Use Development Standard Conditions.
The following height modifications shall apply:
a. Five-foot increases for developments containing residential uses, provided
that twenty-five (25) percent of gross floor area is in residential use
b. Five-foot increases for parking under the building.
C. Five-foot increases for using a pitched roof form.
d. Five-foot increase for stepping back from the top floor (minimum of five
feet).
2. The first three hundred (300) square feet of retail or office space that is a part of
an individual residential unit is exempt.
3. The following parking requirements shall apply:
a. Studio: .75 per dwelling unit (du) without commercial uses; .50/du with
commercial uses, provided that twenty-five (25) per cent of overall gross floor area is in
commercial uses.
b. One -bedroom: 1.5/du without commercial uses; 1.0/du with commercial
uses, provided that twenty-five (25) percent of overall gross floor area is in commercial
uses.
C. Two-bedroom: 2.0/du without commercial uses; 1.25/du with commercial
uses, provided that twenty-five (25) percent of overall gross floor area is in commercial
uses.
SECTION 4. 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;
63 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,15 040
1508 and 15.09
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 joint 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 days unless
new technology or the construction of additional cells in the same locality allows
reduction of effective radiated power by more than seventy-five (75) percent, so long as
the operator still serves essentially the same customer base.
Antenna means any exterior transmitting or receiving device used in
communications that radiates or captures electromagnetic waves.
Backhaul network means the lines that connect a provider's WTFs/towers/cell
sites to one (1) or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
64 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Camouflage means to disguise, hide, or integrate with an existing or proposed
structure 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 typically
over one hundred (100) feet tall and is steadied by wire guys in a radial pattern around the
tower.
Height means, when referring to a tower or other WTF, the distance measured
from the finished grade of the parcel at the base of the WTF to the highest point on the
tower or other WTF, including the base pad and any antennas.
Lattice tower means a support structure which consists of a network of crossed
metal 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
into the ground and/or attached to a foundation.
Non -whip antenna means an antenna that is not a whip antenna, such as dish
antennas, panel antennas, etc.
Preexisting WTF means any WTF for which a building permit has been properly
issued prior to July 7, 1997, including permitted WTFs that have not yet been constructed,
so long as that permit or approval has not expired.
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.
65 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
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 facility 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.
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 pen -nit has been obtained and remains in effect on July 7, 1997, except this
exemption does not apply to modifications of existing facilities.
2. Industnal/scientific equipment. Industrial processing equipment and
scientific or medical equipment using frequencies regulated by the FCC.
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.
66 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
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
dir-estemgpager 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. Sating. 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 grid 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 direstei-manager, compliance with current FCC and FAA rules and
regulations and all other applicable federal, state, and local laws, rules and regulations.
4. Lot size. For purposes of determining whether the installation of WTFs
complies with district development regulations including, but not limited to, setback
67 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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 criteria:
height.
(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
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
dir-eetefnanager or, where applicable, the hearing examiner may waive these
requirements, as appropriate.
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 dkeete:manaQer 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.
68 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
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
difeetefinanaQer.
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 diFestermanaQer 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.
69 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
4. Inventory of existing sites. Each applicant for a tower shall provide an
inventory of its existing WTF sites that are either within the jurisdiction of the city or
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 to
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) carrier
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.
70 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
(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 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 di£este 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
dir-eeterm naaer when administratively approving a WTF or by the hearing examiner
through issuance of a conditional use permit.
Table 7
Monopole Monopole
Lattice Guyed 75 feet in less than 75
height or feet in height
greater
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
71 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
Monopole 75 1,500 1,500 1,500 750
feet in height
or greater
Monopole 750 750
less than 75
feet in height
H. Administratively approved WTFs.
750 750
The planning dir-eete-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.
12. Administratively approved uses. The following uses may be approved by
the planning difeete:manaQer 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; M1;
M1 -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:
72 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
AN
12. Administratively approved uses. The following uses may be approved by
the planning difeete:manaQer 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; M1;
M1 -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:
72 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
(i) 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
and
(ii) The antenna complies with all applicable building codes;
(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 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 -I 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.
23. Authority to waive certain requirements. In connection with this
administrative approval, the planning direste:manaeer 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 dk-eet mann er 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.
73 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
4. A,..,..e,.l Ana eel from a final deeisi..n of the pla........g dir-eete shall t..e
a d K -GG 12.01.190.
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
administrative approval pursuant to subsection (H), then a conditional use permit shall be
required.
Conditional WTF uses. Specifically, conditional use permits shall be
required for the following WTFs:
(a) Industrial/commercial zones. Locating WTFs that exceed ninety
(90) feet in height for a single user or one hundred twenty (120) feet for two (2) or more
users or locating antennas on existing structures that exceed the height limitations in
subsection (H)(2)(b) in the following districts: MA; Ml; M1 -C; M2; M3; CM -1; CM -2;
GC; and GWC.
(b) Governmentproperty. Locating WTFs (1) separate from existing
structures on property owned, leased, or otherwise controlled by the city or other
governmental entity or (2) attached to existing structures on property owned, leased or
otherwise controlled by the city or other governmental entity exceeding the height
limitations in subsection (11)(2)(b), but only on the condition that the total height, of the
attached WTF, including the structure, does not exceed one hundred twenty (120) feet,
unless permitted under subsection (I)(1)(a); however, this subsection shall not apply in
DC, DCE, and NCC districts.
(c) WTFs exceeding allowable building height. Locating WTFs that
exceed the allowable building height in the following districts: O; CC; MRG; MRM;
MRH; AG; and Al.
74 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02,1 S 04,
15.08 and 15.09
(d) Tower construction under allowed separation distances. Locating
towers that do not meet the separation distance requirements in subsection (G)(8) or that
do not meet administratively approved separation distance limits.
2. Factors considered in granting conditional use permits for towers. In
addition to KCC 15.09.030(D), the hearing examiner shall also consider the following
factors when considering a CUP application for WTF towers:
(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and residential
district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage and foliage;
(f) Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) Availability of suitable existing towers, other structures, or
alternative 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) of
this section.
3. Availability of suitable existing towers, other structures, or alternative
technology. No new tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the hearing examiner that no existing tower, structure, or
alternative technology that does not require the use of towers can accommodate the
applicant's proposed WTF. An applicant shall submit information requested by the
hearing examiner related to the availability of suitable existing towers, other structures or
alternative technology. Evidence submitted to demonstrate that no existing tower,
75 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
structure or alternative technology can accommodate the applicant's proposed WTF may
consist of any of the following:
(a) No existing WTF is located within the geographic area that meets
applicant's engineering requirements.
(b) Existing WTFs are not of sufficient height to meet applicant's
engineering requirements.
(c) Existing WTFs cannot practically be reconstructed to provide
sufficient structural strength to support applicant's proposed antenna and related
equipment.
WTF systems.
(d) Electromagnetic interference would occur between two (2) or more
(e) The fees, costs, or contractual provisions required by the owner in
order to share an existing WTF or to adapt an existing WTF for co -location are
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.
J. Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any abandoned
tower shall notify the city's planning dir-esEe:nanager, in writing, of that abandonment
and shall remove the same within ninety (90) calendar days. Failure to remove an
76 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
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
dir-eete -mp aQer, 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 Jaen. 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 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.
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
77 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
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 5. Section 15.08.100 of the Kent City Code, entitled
"Nonconforming development" shall be amended to read as follows:
Sec. 15.08.100. Nonconforming development.
A. Purpose. The intent and purpose of this section is to:
Ensure reasonable opportunity for use of legally created lots which do not
meet current minimum requirements for the district in which they are located.
2. Ensure reasonable opportunity for use, maintenance and improvement of
legally constructed buildings, structures and site development features which do not
comply with current mimmum requirements for the district in which they are located.
3. Ensure reasonable opportunity for continuation of legally established uses
which do not conform to use regulations for the district in which they are located.
4. Encourage the eventual replacement of nonconforming uses having
potentially undesirable impacts on conforming uses.
5. Encourage the eventual upgrading of nonconforming buildings, structures
and site development features which do not comply with current minimum requirements
for the district in which they are located.
B. Applicability. Nonconforming uses, structures, lots or signs are not favored by law
and this title, and it is to avoid injustices that this title accepts such elements. To benefit
from the protection given to nonconforming development, such use, structure, or sign
78 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
must have been lawfully established pursuant to a county resolution in effect at the time
of annexation which rendered it nonconforming; or it must have been lawfully established
prior to the effective date of this chapter or subsequent amendments there to, or lawfully
established prior to the purchase or condemnation of right-of-way by the City of Kent.
nom^^ g This section distinguishes between and defines nonconforming uses,
major nonconforming buildings and structures, minor nonconforming buildings and
structures, nonconforming lots of record and nonconforming signs. Different
requirements are made applicable to each of these categories. The degree of restriction
made applicable to each separate category is dependent upon the degree in which that
category of nonconformance is a nuisance or incompatible with the purpose and
requirements of this title.
SECTION 6. Section 15.08.260(D)(5) of the Kent City Code, entitled
"Green River Corridor special interest district regulations. Loading dock location," shall
be amended to read as follows:
Sec. 15.08.260. Green River Corridor special interest district regulations.
Loading dock location.
D. Development standards.
1. Green River access No building or lot within the district shall be
constructed or created without providing access to the Green River via public sidewalks
or a private trail system. Such sidewalks or private trail systems shall connect to riverside
public trails or scenic drives at intervals of one thousand (1,000) feet or less in industrial
developments, and intervals of five hundred (500) feet or less in residential developments.
79 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
2. Pedestrian access in residential development In residential developments,
pedestrian access to the Green River shall be accomplished without crossing streets or
roads, except scenic and recreational roads, unless clearly shown to be infeasible.
3. Parking facilities. Parking facilities for access to the Green River shall be
located as near as practicable to riverfront parks or historic sites and shall be clustered in
lots not exceeding thirty (30) cars. Every public parking area shall be visible from a street
accessible to the public and be situated so that the public can clearly see riverfront open
space and gain access to the public portion of that open space.
4. Payment in lieu of parking facilities. The city may accept or require
payment in lieu of providing parking facilities which are required as a condition of the
issuance of development permits.
5. Loading dock location. Loading docks shall not be located on river -facing
sides of buildings leeatea eii ....,,,_a^n''ots unless a minimum fifty (50) foot buffer of
native vegetation is provided to screen the loading docks from the shoreline, unless
otherwise required by the Kent Shoreline Master Program. Other design and landscaping
requirements mage imposed by the Planning Manager to meet the purpose of the Green
River Corridor Special Interest District.
6. Building height. Buildings located outside the two hundred (200) foot
shoreline management zone but within the district shall not exceed thirty-five (35) feet in
height.
7. Exterior walls of buildings. No building on any riverfront lot shall have
an exterior wall parallel to, or within forty-five (45) degrees of parallel to, the river which
exceeds two hundred (200) feet in length, except as follows: buildings on riverfront lots
in the MA, Ml, M1 -C, M2 and M3 zoning districts may have exterior walls parallel to,
or within forty-five (45) degrees of parallel to, the river which exceed two hundred (200)
feet in length, provided they are screened by a vegetative buffer per KCC
15.08.260(D)(9)(c).
80 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
8. Lots.
a. Each riverfront lot within a subdivision shall contain area sufficient
to comply with minimum lot size requirements of Ch. 15.04 KCC and provide a public
access easement and building setback line as required by this section.
b. No subdivision of professional and office (0), general commercial
(GC), industrial agricultural (MA), industrial park (Ml) and limited industrial (M2) zoned
land shall be approved unless each lot within the subdivision has an upland boundary at
least five hundred (500) feet from the ordinary high-water line of the river.
9. Vegetation buffer.
a. A permanent vegetation buffer, in accordance with KCC
15.07.050(C) pertaining to landscaping type III, shall be maintained or established for
each building or use within the district. Any materials storage yard, truck maneuvering
area, equipment parking area, junkyard, refuse storage or similar use within the district
shall install such a permanent vegetative buffer between the use and the Green River
within two (2) years of the effective date of the ordinance from which this section is
derived.
b. Landscape screening and buffer strips shall be planted in order to
be harmonious with those already planted on adjacent properties and consistent with the
city landscaping requirements as set out in Ch. 15.07 KCC.
C. Buildings on riverfront lots in industrial zoning districts which
have exterior walls exceeding two hundred (200) feet in length parallel to, or within forty-
five (45) degrees of parallel to, the river, must be screened by a vegetation buffer. This
vegetative buffer shall be located along the length of the property line located parallel to,
or within forty-five (45) degrees of parallel to, the river, for a minimum depth of twenty
(20) feet in accordance with type III, visual buffer landscape standards pursuant to KCC
15.07.050(C). In addition, an earth berm of a minimum of forty-eight (48) inches in
height must be provided for.
81 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
10. Rail lines. No rail lines shall be permitted within five hundred (500) feet
of the Green River; provided, however, rail lines shall be permitted to within three
hundred (300) feet of the Green River in those locations specified on Exhibit B attached
to the ordinance from which this section is derived and by this reference incorporated in
this section, such locations having been found to be best suited to rail.
11. Road access. All new lots and buildings shall be designed with primary
street access to streets other than scenic and recreational roads, unless no other access is
available.
12. Street connections. Development shall include no street connections to
scenic and recreational roads, unless no other access is available.
13. Utilities. Utilities shall be installed in accordance with Ch. 7.10 KCC.
14. Surface drainage facilities. Surface drainage facilities such as drainage
channels and retention areas shall be designed to applicable city standards and shall be
integral parts, if possible, of any common trail and open space system connections to the
riverfront.
SECTION 7. Section 15.08.400 of the Kent City Code, entitled "Planned
unit development, PUD" shall be amended to read 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.
82 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 1509
A. Zoning districts where permitted. PVDs are permitted in all zoning districts with
the exception of the A-1, agricultural zone; provided, however, that PVDs in SR zones are
only allowed if the site is at least one hundred (100) acres in size.
B. Permitted uses
1. Principally permitted uses. The principally permitted uses in PUDs shall
be the same as those permitted in the underlying zoning classifications except as provided
in subsection (B)(4) of this section.
2. Conditional uses. The conditional uses in PUDs shall be the same as those
permitted in the underlying zoning classification. The conditional use permit review
process may be consolidated with that of the PUD pursuant to procedures specified in
subsection (F) of this section.
3. Accessory uses. Accessory uses and buildings which are customarily
incidental and subordinate to a principally permitted use are also permitted.
4. Exceptions. In residential PUDs of ten (10) acres or more, commercial
uses may be permitted. Commercial uses shall be limited to those uses permitted in the
neighborhood convenience district. In PVDs located in SR zones, attached dwelling units
are permitted only if they are condominiums created in accordance with the Washington
Condominium Act, Chapter 64.34 RCW; provided that if a proposed PUD in a single-
family zoning district includes condominiums, the density bonus provisions outlined in
subsection (D) of this section shall not apply, and further provided that no condomimum
building may exceed two (2) stories.
C. Development standards. The following development standards are minimum
requirements for a planned unit development:
1. Minimum lot size exclusion. The minimum lot size requirements of the
districts outlined in this title shall not apply to PUDs.
83 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
2. Minimum site acreage. Minimum site acreage for a PUD is established
according to the zoning district in which the PUD is located, as follows:
Zones Minimum
Site Acreage
SR zones (SR -1,
SR -2, SR -3, SR -4.5, SR -6, 100 acres
SR -8)
Multifamily (MR -D, MR -G,
MR -M, MR -H) None
Commercial, office and
manufacturing zones
None
3. Minimum perimeter building setback. The minimum perimeter building
setback of the underlying zone shall apply. Multifamily transition area requirements shall
apply to any multifamily developments (as provided in KCC 15.08.215), except where
specifically exempted by administrative design review (as provided in KCC 15.09.045).
The hearing examiner may reduce building separation requirements to the minimum
required by the building and fire departments according with the criteria set forth in
subsection (F)(1) of this section. If an adjacent property is undevelopable under this title,
the hearing examiner may also reduce the perimeter building setback requirement to the
minimum standards in the city building and fire codes.
4. Maximum height of structures. The maximum height of structures of the
underlying zone shall apply. Multifamily transition area requirements shall apply to any
multifamily developments (as provided in KCC 15.08.215) except where specifically
exempted by administrative design review (as provided in KCC 15.09.045). The hearing
examiner may authorize additional height in CC, GC, DC, CM, M1, M2 and M3 zones
where proposed development in the PUD is compatible with the scale and character of
adjacent existing developments.
84 Revisions to Title 12 and 15 -
Chapters 12.01, 1 S. 02,1 S. 04,
15.08 and 15.09
5. Open space.
a. The standard set forth in this subsection shall apply to PUD residential
developments only. Each PUD shall provide a minimum of thirty-five (35) percent of the
total site area for common open space. In mixed use PUDs containing residential uses,
thirty-five (35) percent of the area used for residential use shall be reserved as open space.
b. For the purpose of this section, open space shall be defined as land
which is not used for buildings, dedicated public rights-of-way, traffic circulation and
roads, parking areas, or any kind of storage. Open space includes but is not limited to
privately owned woodlands, open fields, streams, wetlands, severe hazard areas,
sidewalks, walkways, landscaped areas, gardens, courtyards or lawns. Common open
space may provide for either active or passive recreation.
c. Open space within a PUD shall be available for common use by the
residents, tenants or the general public, depending on the type of project.
6. Streets. If streets within the development are required to be dedicated to
the city for public use, such streets shall be designed in accordance with the standards
outlined in the city subdivision code and other appropriate city standards. If streets within
the development are to remain in private ownership and remain as private streets, the
following standards shall apply:
a. Minimum private street pavement widths for parallel parking in
residential planned unit developments. Minimum private street pavement widths for
parallel parking in residential planned unit developments are as follows:
No
Parlang
Parking
Parking
One Side
Both Sides
(feet)
(feet)
(feet)
One-way streets 20
29
38
Two-way streets 22
31
40
85 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
The minimum widths set out in this subsection may be modified upon review and
approval by the city fire chief and the city traffic engineer providing they are sufficient to
maintain emergency access and traffic safety. A maintenance agreement for private streets
within a PUD shall be required by the hearing examiner as a condition of PUD approval.
b. Vehicle parking areas. Adequate vehicular parking areas shall be
provided. The required number of parking spaces may vary from the requirements of Ch.
15.05 KCC and shall be approved by the hearing examiner based upon a parking need
assessment study submitted by the applicant and approved by the planning
direetefmanaQer. Vehicular parking areas may be provided by on -street parking or off-
street parking lots. The design of such parking areas shall be in accordance with the
standards outlined in Ch. 15.05 KCC.
c. One-way streets. One-way loop streets shall be no more than one
thousand five hundred (1,500) feet long.
d. On -street parking. On -street parking shall be permitted. Privately
owned and maintained "no parking" and "fire lane" signs may be required as determined
by the city traffic engineer and city fire department chief.
7. Pedestrian walkways. Pedestrian walkways shall be constructed of
material deemed to be an all-weather surface by the public works director and planning
direetoi-manager.
8. Landscaping.
a. Minimum perimeter landscaping of the underlying zone shall
apply. Additional landscaping shall be required as provided in Ch. 15.07 KCC and KCC
15.08.215.
b. All PUD developments shall ensure that parking areas are
integrated with the landscaping system and provide screening of vehicles from view from
public streets. Parking areas shall be conveniently located to buildings and streets while
providing for landscaping adjacent to buildings and pedestrian access.
86 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
C. Solid waste collection areas and waste reduction or recycling
collection areas shall be conveniently and safely located for onsite use and collection, and
attractively site screened.
9. Signs. The sign regulations of Ch. 15.06 KCC shall apply.
10. Platting. If portions of the PUD are to be subdivided for sale or lease, the
procedures of the city subdivision code, as amended, shall apply. Specific development
standards such as lot size, street design, etc., shall be provided as outlined in subsection
(E) of this section.
11. Green River Corridor. Any development located within the Green River
Corridor special interest district shall adhere to the Green River Corridor special interest
district regulations.
12. View regulations. View regulations as specified in KCC 15.08.060 shall
apply to all PUDs.
13. Shoreline master program. Any development located within two hundred
(200) feet of the Green River shall adhere to the city shoreline master program regulations.
D. Density bonus standards. The density of residential development for
PUDs shall be based on the gross density of the underlying zoning district. The hearing
examiner may recommend a dwelling unit density not more than twenty (20) percent
greater than that permitted by the underlying zone upon findings and conclusions that the
amenities or design features which promote the purposes of this subsection, as follows,
are provided:
1. Open space. A four (4) percent density bonus may be authorized if at least
ten (10) percent of the open space is in concentrated areas for passive use. Open space
shall include significant natural features of the site, including but not limited to fields,
woodlands, watercourses, and permanent and seasonal wetlands. Excluded from the open
space definition are the areas within the building footprints, land used for parking,
vehicular circulation or rights-of-way, and areas used for any kind of storage.
87 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
2. Active recreation areas. A four (4) percent density bonus may be
authorized if at least ten (10) percent of the site is utilized for active recreational purposes,
including but not limited to jogging or walking trails, pools, children's play areas, etc.
Only that percentage of space contained within accessory structures that is directly used
for active recreation purposes can be included in the ten (10) percent active recreation
requirement.
3. Stormwater drainage. A two (2) percent density bonus maybe authorized
if stormwater drainage control is accomplished using natural onsite drainage features.
Natural drainage feature may include streams, creeks, ponds, etc.
4. Native vegetation. A four (4) percent density bonus may be authorized if
at least fifteen (15) percent of the native vegetation on the site is left undisturbed in large
open areas.
5. Parking lot size. A two (2) percent density bonus may be authorized if off-
street parking is grouped in areas of sixteen (16) stalls or less. Parking areas must be
separated from other parking areas or buildings by significant landscaping in excess of
type V standards as provided in KCC 15.07.050. At least fifty (50) percent of these
parking areas must be designed as outlined in this subsection to receive the density bonus.
6. Mixed housing types. A two (2) percent density bonus may be authorized
if a development features a mix of residential housing types. Single-family residences,
attached single units, condominiums, apartments and townhomes are examples of housing
types. The mix need not include some of every type.
7. Project planning and management. A two (2) percent density bonus may
be granted if a design/development team is used. Such a team would include a mixture
of architects, engineers, landscape architects and designers. A design/development team
is likely to produce a professional development concept that would be consistent with the
purpose of the zoning regulations.
88 Revisions to Title 12 and 15 -
Chapters 12.01, 1 S. 02, 1 S. 04,
15.08 and 15.09
These standards are thresholds, and partial credit is not given for partial
attainment. The site plan must at least meet the threshold level of each bonus standard in
order for density bonuses to be given for that standard.
E. Master plan approvals. The master plan process is intended to allow approval of
a generalized, conceptual development plan on a site which would then be constructed in
phases over a longer period of time than a typical planned unit development. The master
plan approval process is typically appropriate for development which might occur on a site
over a period of several years, and in phases which are not entirely predicable.
Submittal requirements. The distinguishing characteristic between a
master plan development application and a planned unit development application is that
a master plan development proposal is conceptual in nature. However, the master plan
application shall provide sufficient detail of the scope of the development, the uses, the
amount of land to be developed and preserved, and how services will be provided. The
specific submittal requirements are noted below:
a. A written description of the scope of the project, including total
anticipated build -out (number of units of residential, gross floor area for commercial), and
the types of uses proposed;
b. A clear vicinity map, showing adjacent roads;
C. A fully dimensional site plan, which would show the areas upon
which development would occur, the proposed number of units or buildings in each phase
of the development, the areas would be preserved for open space or protection of
environmentally sensitive features, and a generalized circulation plan, which would
include proposed pedestrian and bicycle circulation;
d. A generalized drainage and stormwater runoff plan;
e. A site map showing contours at not greater than five (5) foot
intervals and showing any wetlands, streams, or other natural features.
89 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
f. A description of the proposed phasing plan.
g. Documentation of coordination with the Kent school district.
h. Certificates of water and sewer availability.
i. Generalized building elevations showing the types of uses being
proposed.
2. Density. The gross density of a residential master plan project shall be the
same as the density allowable in the underlying zoning district.
3. Open space. The criteria in subsection (C)(5) of this section shall apply.
4. Application process. The application process for a master plan application
shall be as outlined in subsection (F) of this section.
5. Review criteria. The review criteria for a master plan application shall be
the same as those outlined in subsection (G) of this section.
6. Administrative approval of individual phases. Once a master site plan
PUD has been approved pursuant to subsection (F) of this section, any individual phase
of the development shall be reviewed and approved administratively, as outlined in Ch.
15.09 KCC; provided that for each phase of development that includes a residential
condominium, the applicant shall submit a copy of the condominium declaration recorded
against the property, and as outlined in RCW 64.34.200.
7. Time limits. The master plan approved by the hearing examiner or city
council, as provided in subsection (F) of this section, shall be valid for a period of up to
seven (7) years. At the end of this seven-year period, development permits must be issued
for all phases of the master plan development. An extension of time may be requested by
the applicant. A single extension may be granted by the planning direete •-manager for a
period of not more than two (2) more additional years.
8. Modifications. Once approved, requests for modifications to the master
plan project shall be made in writing to the planning-dffee4e+manaQer. The planning
dir-eete-manager shall make a determination as to whether the requested modification is
major or minor as outlined in subsection (I) of this section.
90 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
F. Application process. The application process includes the following steps:
informal review process, compliance with the State Environmental Policy Act, community
information meeting, development plan review, and public hearing before the hearing
examiner.
1. Informal review process. An applicant shall meet informally with the
planning department at the earliest possible date to discuss the proposed PUD. The
purpose of this meeting is to develop a project that will meet the needs of the applicant
and the objectives of the city as defined in this title.
2. SEPA compliance. Compliance with the State Environmental Policy Act
and regulations and city SEPA requirements shall be completed prior to development plan
review.
3. Development plan review. After informal review and completion of the
SEPA process, a proposal shall next be reviewed by city staff through the development
plan review process. Comments received by the project developer under the development
review process shall be used to formalize the proposed development prior to the
development being presented at a public hearing before the hearing examiner.
4. Community information meeting.
a. A community information meeting shall be required for any
proposed PUD located in a residential zone or within two hundred (200) feet of a
residential zone. At this meeting, the applicant shall present the development proposed
to interested residents. Issues raised at the meeting may be used to refine the PUD plan.
Notice shall be given in at least one (1) publication in the local newspaper at least ten
(10) days prior to the public hearing. Written notice shall be mailed first class to all
property owners within a radius of not less than two hundred (200) feet of the exterior
boundaries of the property subject to the application. Any alleged failure of any property
owner to actually receive the notice of hearing shall not invalidate the proceedings.
b. Nonresidential PUDs not located within two hundred (200) feet of
a residential zone shall not require a community information meeting.
91 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
5. Public notice and hearing exammerpublic hearing. The hearing examiner
shall hold at least one (1) public hearing on the proposed PUD and shall give notice
thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to
the public hearing. Written notice shall be mailed first class to all property owners within
a radius of not less than two hundred (200) feet of the exterior boundaries of the property
subject to the application. Any alleged failure of any property owner to actually receive
the notice of hearing shall not invalidate the proceedings.
6. Consolidation of land use permit processes. The PUD approval process
may be used to consolidate other land use permit processes which are required by other
sections of this title. The public hearing required for the PUD may serve as the public
hearing for the conditional use permit, subdivision, shoreline substantial development and
rezoning if such land use permits are a part of the overall PUD application. When another
land use permit is involved which requires city council approval, the PUD shall not be
deemed to be approved until the city council has approved the related land use permit. If
a public hearing is required for any of the categories of actions listed in this subsection,
the hearing examiner shall employ the public hearing notice requirements for all actions
considered which ensure the maximum notice to the public.
7. Hearing examiner decision. The hearing examiner shall issue a written
decision within ten (10) working days from the date of the hearing. Parties of record will
be notified in writing of the decision. The decision is final unless notice of appeal is filed
with the city clerk within fourteen (14) days of receipt by the developer of the decision.
For PVDs which propose a use which is not typically permitted in the underlying zoning
district as provided in subsection (13)(4) of this section, the hearing examiner shall forward
a recommendation to the city council, which shall have the final authority to approve or
deny the proposed PUD. For a proposed residential PUD that includes condominiums as
outlined in subsection (B)(4) of this section, a condition of approval by the city council
shall be that for each development phase the applicant shall submit a recorded copy of the
covenants, conditions and restrictions recorded against the property. Within thirty (30)
92 Revisions to Title 12 and 15 -
Chapters 12.01,15.02, 15.04,
15.08 and 15.09
days of receipt of the hearing examiner's recommendation, the city council shall, at a
regular meeting, consider the application.
8. Effective date. In approving a PUD, the hearing examiner shall specify
that the approved PUD shall not take effect unless or until the developer files a completed
development permit application within the time periods required by this title as set forth
in subsection (G) of this section. No official map or zoning text designations shall be
amended to reflect the approved PUD designation until such time as the PUD becomes
effective.
G. Review criteria for planned unit developments. Upon receipt of a complete
application for a residential PUD, the planning department shall review the application
and make its recommendation to the hearing examiner. The hearing examiner shall
determine whether to grant, deny or condition an application based upon the following
review criteria:
Residential planned unit development criteria.
a. The proposed PUD project shall have a beneficial effect upon the
community and users of the development which would not normally be achieved by
traditional lot -by -lot development and shall not be detrimental to existing or potential
surrounding land uses as defined by the comprehensive plan.
b. Unusual environmental features of the site shall be preserved,
maintained and incorporated into the design to benefit the development and the
community.
C. The proposed PUD project shall provide areas of openness by
using techniques such as clustering, separation of building groups, and use of well-
designed open space and landscaping.
d. The proposed PUD project shall promote variety and innovation
in site and building design. Buildings in groups shall be related by common materials and
roof styles, but contrast shall be provided throughout the site by the use of varied
materials, architectural detailing, building scale and orientation.
93 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 1 S. 04,
15.08 and 15.09
e. Building design shall be based on a unified design concept,
particularly when construction will be in phases.
2. Nonresidential planned unit development criteria.
a. The proposed project shall have a beneficial effect which would
not normally be achieved by traditional lot -by -lot development and not be detrimental to
present or potential surrounding land uses as defined by the comprehensive plan.
b. Unusual environmental features of the site shall be preserved,
maintained and incorporated into the design to benefit the development and the
community.
C. The proposed project shall provide areas of openness by the
clustering of buildings, and by the use of well-designed landscaping and open spaces.
Landscaping shall promote a coordinated appearance and break up continuous expanses
of building and pavement.
d. The proposed project shall promote variety and innovation in site
and building design. It shall encourage the incorporation of special design features such
as visitor entrances, plazas, outdoor employee lunch and recreation areas, architectural
focal points and accent lighting.
e. Building design shall be based on a unified design concept,
particularly when construction will be in phases.
H. Time limits.
1. Application for development permit. The applicant shall apply for a
development permit no later than one (1) year following final approval of the PUD. The
application for development permit shall contain all conditions of the PUD approval.
2. Extensions. An extension of time for development permit application may
be requested in writing by the applicant. Such an extension may be granted by the
planning dtfeeter-manager for a period not to exceed one (1) year. If a development
permit is not issued within two (2) years, the PUD approval shall become null and void
and the PUD shall not take effect.
94 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
I. Modifications of plan. Requests for modifications of final approved plans shall be
made in writing and shall be submitted to the planning department in the manner and form
prescribed by the planning-direetermanager. The criteria for approval of a request for a
major modification shall be those criteria covering original approval of the permit which
is the subject of the proposed modification.
1. Manor modifications. Modifications are deemed minor if all the following
criteria are satisfied:
proposed;
proposed;
a. No new land use is proposed;
b. No increase in density, number of dwelling units or lots is
C. No change in the general location or number of access points is
d. No reduction in the amount of open space is proposed;
e. No reduction in the amount of parking is proposed;
f. No increase in the total square footage of structures to be
developed is proposed; and
g. No increase in general height of structures is proposed.
Examples of minor modifications include but are not limited to lot line
adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing
and timing, and minor changes in elevations of buildings.
2. Major modifications. Major adjustments are those which, as determined
by the planning-dffeeteffng a er, substantially change the basic design, density, open
space or other similar requirements or provisions. Major adjustments to the development
plans shall be reviewed by the hearing examiner. The hearing examiner may review such
adjustments at a regular public hearing. If a public hearing is held, the process outlined
in subsection (F) of this section shall apply. The hearing examiner shall issue a written
decision to approve, deny or modify the request. Such a decision shall be final. The
deeisten may be appealed to the eity eouneil by the filing of wntten netiee of appeal w
95 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
hearing
Any appeals of this decision shall be in accordance with KCC
Section 12.01.040.
SECTION 8. Section 15.09.030 of the Kent City Code, entitled
"Conditional use permit" shall be amended to read as follows:
See. 15.09.030. Conditional use permit.
A. Purpose.
1. Conditional use permits, revocable, conditional or valid for a time period
may be issued by the hearing examiner for any of the uses or purposes for which such
permits are required or permitted by the terms of this title. The purpose of the conditional
use permit is to allow the proper integration into the community of uses which may be
suitable only on certain conditions in specific locations in a zoning district, or if the site
is regulated in a particular manner. A conditional use permit is categorized as a Process
III application and shall be subject to the requirements of Ch. 2.32 KCC and Ch. 12.01
KCC.
2. Any use existing at the time of adoption of this title which is within the
scope of uses permitted by a conditional use permit in the district in which the property
is situated shall be deemed a conforming use without necessity of a conditional use
permit.
3. Any expansion of an existing conditional use may be required to apply for
a new conditional use permit if the planning teeter -manager finds that there is a change
in the nature of the use by such expansion.
B. Application.
The owner or his agent may make application for a conditional use permit,
which shall be on a form prescribed by the planning department and filed with the
96 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
planning department. Applications for conditional use permits shall be filed in accordance
with the requirements of Ch. 12.01 KCC.
2. Development plans shall be submitted, drawn to scale, showing the actual
dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot
of buildings already existing, if any, and the location on the lot of the proposed building
or alteration. The plans shall show proposed landscaping, off-street parking, signs, ingress
and egress and adjacent land uses. The plan shall include other information as may be
required by the planning department.
C. Public hearing. The hearing examiner shall hold an open record public hearing
on any proposed conditional use, and shall give notice thereof in accordance with the
procedures established pursuant to Ch. 2.32 KCC and KCC 12.01.130 and 12.01.140.
D. Standards and criteria for granting. A conditional use permit shall only be
granted after the hearing examiner has reviewed the proposed use to determine if it
complies with the standards and criteria set forth below and in accordance with the
requirements for Process III applications under Ch. 12.01 KCC. A conditional use permit
shall only be granted if such finding is made.
1. The proposed use in the proposed location will not be detrimental to other
uses legally existing or permitted outright in the zoning district.
2. The size of the site is adequate for the proposed use.
3. The traffic generated by the proposed use will not unduly burden the traffic
circulation system in the vicinity.
4. The other performance characteristics of the proposed use are compatible
with those of other uses in the neighborhood or vicinity.
5. Adequate buffering devices such as fencing, landscaping or topographic
characteristics protect adjacent properties from adverse effects of the proposed use,
including adverse visual or auditory effects.
6. The other uses in the vicinity of the proposed site are such as to permit the
proposed use to function effectively.
97 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, I S 04,
15.08 and 15.09
7. The proposed use complies with the performance standards, parking
requirements and other applicable provisions of this title.
8. Any other similar considerations may be applied that may be appropriate
to a particular case.
E. Action of hearing examiner.
Special conditions may be imposed on the proposed development to ensure
that the proposed use will meet the standards and criteria of subsection (D) of this section
in granting a conditional use permit. Guarantees and evidence that such conditions are
being complied with may be required.
2_ if the proposal al involves the fequiremef4 to obtaine*eept.. t�
signageexeeptions te these development standafds, ineladmg height, unique st-fl-iet+ir-es,
n«..1 etl.aek when eensider-ing a ndit; „1 use pefm.t appheatiea f that sam
prepesah-
F. Appeals. The decision of the hearing examiner shall be final, unless an appeal is
made to the city council within fourteen (14) calendar days after the hearing examiner's
notice of decision. The appeal shall be in writing to the city council and filed with the city
clerk in accordance with the procedures established in KCC 12.01.190.
G. Period of validity. Any conditional use permit granted by the hearing examiner
shall remain effective only for exe (1) three3 ears unless the use is begun within that
time or construction has commenced. If not in use or construction has not commenced
within one (1) jhree 3 ears, the conditional use permit shall become invalid.
98 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
SECTION 9. Section 15.09.040(E) of the Kent City Code, entitled
"Variances" shall be amended to read as follows:
Sec. 15.09.040. Variances.
The hearing examiner shall have the authority to grant a variance where practical
difficulties, unnecessary hardships and results inconsistent with the general purposes of
this title might result from the strict application of certain provisions. A variance may not
be granted to allow a use that is not in conformity with the uses specified by this title for
the district in which the land is located. (Note: Sign variances are heard by the city hearing
examiner.)
A. Application. The owner or his agent may make application for a variance, which
shall be on a form prescribed by the planning department and filed with the planning
department. An application for a variance shall be filed in accordance with the
requirements of Ch. 12.01 KCC.
1. A variance is categorized as a Process III application and shall be subject
to the requirements of Ch. 12.01 KCC.
B. Public hearing. The hearing examiner shall hold an open record public hearing
on any proposed variance in accordance with the requirements of Ch. 2.32 KCC and Ch.
12.01 KCC.
C. Conditions for granting. Before any variance may be granted, it shall be shown
and the hearing examiner shall find that:
The variance shall not constitute a grant of special privileges inconsistent
with a limitation upon uses of other properties in the vicinity and zone in which the
property on behalf of which the application was filed is located;
2. Such variance is necessary, because of special circumstances relating to the
size, shape, topography, location or surroundings of the subject property, to provide it
99 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 1 S. 04,
15.08 and 15.09
with use rights and privileges permitted to other properties in the vicinity and in the zone
in which the subject property is located; and
3. The granting of such variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in
which the subject property is situated.
D. Hearing evannner aelien. The deeisien of the heating examinef shall be final ,A
eenel-usive, unless "n twenty one 21 \ ,,,,,,lora days from the date of the not,. e o f
deeisieff tlb aYY I ..1: of aii .h «t ,_ o Yafiles a Y pet,tien the .,rte ,«t
,�t, J
pursuant to Ch ptef 36.7nr vrur_Appeals. The decision of the hearing examiner shall
be final unless an appeal is made to the city council within fourteen (14) calendar days
after the hearing examiner's notice of decision. The appeal shall be in writing to the city
council and filed with the city clerk in accordance with the procedures established in KCC
12.01.190.
E. Period of validity. Any variance authorized by the hearing examiner shall remain
effective only for one (1) three3 years, unless the use is begun within that time or
construction has commenced. If not in use or construction has not commenced within one
(-1}three 3 years, the variance shall become invalid.
SECTION 10. Section 15.09.042 of the Kent City Code, entitled
"Administrative variances," is hereby amended to read as follows:
Sec. 15.09.042. Administrative variances.
A. Scope. The planning managerdffeeter shall have the authority to grant an
administrative variance for up to twenty-five (25) percent of the numerical zoning code
standard for setbacks, lot coverage, and building height as provided in this title.
B. Application. The owner or his/her agent may make application for an
administrative variance, which shall be on a form prescribed by the planning
manaeerdirecter and filed with the planning department. An administrative variance is
100 Revisions to Title 12 and 15 -
Chapters 12.01, 15.025 15.045
1508 and 15.09
classified as a Process H application and shall be subject to the applicable requirements
of Ch. 12.01 KCC. The planning manaQerdffestef shall review applications for
completeness, and a notice of completeness will be issued within twenty-eight (28)
calendar days after submittal. Those applications deemed incomplete shall be returned to
the applicant for further action in accordance with the provisions of KCC 12.01.100.
C. Pubhe netiee. Publ:e ne fi„e a fthe ^ ,.heatie ..ending review shall be mail a .
the ^ plie^..t and to . pefty eyvneFs :thin 93fee hundred rznm feet e f the subjpr-eo t
pa. -t.% and ether ageneies ..:t1.: fisd:,.tio within te., (1 0) ,.^lead - days a fthe ,a^to
(! 0) Weadar- days. FelleA4ag the end of the eemmepA per-ied; the planning dir-eeter-
CD. Conditions for granting an administrative variance The planning
managerdirestef may grant an administrative variance if it is shown that:
1. The administrative variance does not detract from the desired character and
nature of the vicinity in which it is proposed;
2. The administrative variance enhances or protects the character of the
neighborhood or vicinity by protecting natural features, historic sites, open space, or other
resources;
3. The administrative variance does not interfere with or negatively impact
the operations of existing land uses and all legally permitted uses within the zoning
district it occupies; and
4. Granting the administrative variance does not constitute a threat to the
public health, safety and welfare within the city.
E. Appeals. Appeals of the planning dtr-ester-manager shall be submitted within
fourteen (14) calendar days of the date of theTmana er's decision and shall be
by the ^ «t:..a t oaRy pai4 ...F,.,.,.e fd The ,..t., 1.......i.... ,. shall hold v� .uv uYraavwu yr
rtiw a appeal hearing to eensidef the appeal m accordance with the requirements of Ch.
2.32 Kra and Ch. 12.01.190 KCC.
101 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
SECTION 11. Severability. If any one or more sections, 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 12. Sawnes Clause. Zoning Code provisions amended by this
ordinance shall remain in force and effect until the effective date of this ordinance.
SECTION 13. Effective Date. This Ordinance shall take effect and be in
force five (5) days from the time of its final approval and passage as provided by law.
ATTEST:
i 1-
a 107.114F
APPROVED AS TO FORM:
'AW& L�2ZA �@ `
TOM BRUBAKER, CITY ATTORNEY
102 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09
PASSED: day of , 2002.
APPROVED: % day of
c , 2002.
PUBLISHED: day of / , 2002.
I hereby certify that this is a true copy of Ordinance No. . DO , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
q–,—,
1 4-" - "! �' BRENDA JACOBE CITY CLERK
P\DvJtOrdm celTrtlelSTnlel2-Chapters1201-1502-1504-1509-1509Rev iam41002 dm ,
103 Revisions to Title 12 and 15 -
Chapters 12.01, 15.02, 15.04,
15.08 and 15.09