HomeMy WebLinkAbout3813Ordinance No. 3813
(Amending or Repealing Ordinances)
CFN=131— Zoning Code Amendments
Passed — 9/5/06
Commercial Motor Vehicles — Residential Zones
Secs. 15.02.270.5 & 15.08.085 — New Sections
ORDINANCE NO. 3Y13
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 15.02 and
Chapter 15 08 of the Kent City Code regarding the
storage and parking of commercial motor vehicles in
residential zoning districts (ZCA-2005-3).
RECITALS
A. The City of Kent's zoning code recognizes the need of all legitimate
uses of land to be protected from other uses which are unrelated or incompatible.
The parking of commercial motor vehicles in residential neighborhoods is potentially
incompatible with residential uses on several levels, including noise, visual blight,
and safety.
B. On July 20, 2005, the city sent the required notification under RCW
36.70A.106 to the state of Washington of the proposed amendments to the zoning
code.
C. The SEPA Responsible Official determined the proposed amendments
are procedural in nature and categorically exempt from environmental review
D. On August 8, 2005, the Land Use and Planning Board held a public
hearing on this issue and forwarded a recommendation to the Planning and
Economic Development Committee.
E. On August 15, 2005 the Planning and Economic Development
Committee analyzed this issue of commercial motor vehicles parking in residential
neighborhoods. The Committee obtained further information from the public at a
public hearing on November 21, 2005, as well as meetings before the Committee
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Residential Zones
on September 19, 2005, October 17, 2005, February 27, 2006, July 17, 2006, and
August 21, 2006. At the July 17, 2006, and August 21, 2006, meetings the
Committee voted to forward a recommendation to the full Council.
F. The City Council, on August 15, 2006, and September 5, 2006, voted
to amend Chapter 15 of the Kent City Code to prohibit the storage and parking of
commercial vehicles on residentially zoned property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Chapter 15.02 of the Kent City Code is
amended to include the definition of "motor vehicle" as follows:
15.02.270.5. Motor vehicle means a vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power used on highways, or any other
vehicle required to be registered under the laws of this state, but does not include a
vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
SECTZON2. —Amendment. Chapter 15.08 of the Kent City Code is hereby
amended to add a new section, entitled "Parking commercial motor vehicles in
residential zones," as follows.
Sec. 15.08.085. Parking commercial motor vehicles in residential
zones.
1. Commercial motor vehicles are not permitted to be parked on
residentially zoned properties with a land use designation of urban separator (US)
and a zoning designation of single family, one unit per acre (SR -1) unless actively
delivering goods. "Commercial motor vehicles" include: 1) vehicles used in a
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Residential Zones
commercial enterprise which exceed 19 feet in length• and 2) truck tractors used in
the drayage of semi -truck trailers.
2. Commercial motor vehicles are not permitted to be parked on
residentially zoned property with a zoning designation of SR -2 or greater unless
actively delivering goods. Commercial motor vehicles include: 1) vehicles with a
gross weight rating 'GVWR' of 26,001 pounds or more and, 2) trailers with a
'GVWR' of 10,001 pounds or more if the gross weight rating of the combined
vehicles is 26,001 pounds or more.
SECTION 3, - Severablity. 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 4. - Savings. The existing section 15.080 of the Kent City Code,
which is amended by this ordinance, shall remain in full force and effect until the
effective date of this ordinance.
SECTION 5. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as
provided by law.
ATTEST:
q ez-
BRENDA JACOBER, CITY GARK
APPROVED AS TO FORM:
-27
'TOM BRUBAKER, CITY ATTORNEY
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Residential Zones
PASSED: day of September, 2006.
APPROVED: day of September, 2006.
PUBLISHED: day of September, 2006.
I hereby certify that this is a true copy of Ordinance No. -3FI-3 ,
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
P \Civil\ORDINANCE\CommeraalVehitles-Residentlal doc
Q t- e SEAL)
BRENDA JACOBER, tITY CLERK
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Residential Zones