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HomeMy WebLinkAbout3907ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 15.04.040, entitled " Manufacturing land uses," and 15.04.050, entitled "Manufacturing land use development conditions," of the Kent City Code to remove duplicate regulations regarding hazardous substance land use facilities. RECITALS A. in 1988, the Kent City Council passed a series of regulations in the zoning code to address land uses that accumulate hazardous substances on a site. While these regulations were primarily intended to address larger scale waste -processing and storage sites, they also applied to more common and smaller -scale distribution and manufacturing uses I that handle or use hazardous substances as an accessory to normal operations. B. Since 1988, many new regulations outside of the zoning code have been adopted that supplement zoning standards related to hazardous substance land use facilities. Most significantly, sophisticated fire and life safety standards have been adopted that require specific measures that often make the zoning code provision redundant. Modern 1 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 building codes also provide enhanced protection from risks associated with chemical use and storage. C. The zoning code currently establishes a conditional use permit ("CUP") permit process for reviewing accessory hazardous substance land use facilities. The city reviewed hazardous substance land use faci_li related CUP's processed since 2001 and found that with rare exception, conditions imposed on these accessory -type uses through the CUP process did not relate to storage, use or handling of chemicals. The siting restrictions in the zoning code as well as fire prevention and building code related standards have effectively eliminated the need for additional conditions to be imposed through the CUP process. These regulations are adequate to ensure that accessory hazardous substance land use facilities do not pose a threat to the public interest, and are compatible with surrounding uses. For this reason, the CUP requirement should be removed from the zoning code when a hazardous substance land use facility is accessory to a principally permitted use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION I. — Amendments. Section 15.04.040 of the Kent City Code, entitled "Manufacturing Land Uses," is amended as follows: 2 Hazardous Materials Zoning Amendments -KCC 55.04.040 -15.0¢.050 Sec. 1.5.04.040 Manufacturing Land Uses. Zoning Districts Kcv Z P = Principally Permitted Uses d r S S = Special Uses 5 y C = Conditional Uses 'd p Q A = Accessory Uses '� N M a i=�•.' .N. N N .ry N .,V.. .,U.. O O 4 V •fir an a Ll Ca a .F_ Y �+" .'y •� QJ C si G y ''� !� . J r{jyU ""� U U Q ' C 1 'C 'G 4, 78 T�O) on CC W CC CC aai a E o e w E C ^H s •� W F F 0 Q all 'i,, b'a . O N 0 C N a7 c� a4 vz a4 n x n x o7 x v "r 5 5 U Z UV U Q r) V V U C 3 C7 Manufacturing, processing, blending, t' P P P (47-) P P P(2) and packaging of food and beverage (3-7) (27) (24) (23) (27) (37) (2-7) products (23) iL3) M11 (23) 23 (23) C(1) Manufacturing, processing, blending P P P P P P P(2) and packaging of drugs, C(l) pharmaceuticals, toiletries, and cosmetics, Manufacturing, processing, blending, _ 1' P P P P P P(2) and packaging of dairy products and C(1) byproducts. Industrial laandry and dyeing P P 1' P P P(2) (including linen supply and diaper (33) services) C (34) Printing, publishing, and allied P PP C P P P P P(2) industries (2A) C(1) Chemicals and related prnducts mfg, C(4) C(4) C(4 C(1) Contractor shops 1' }.' C P P (5) (5) C(1) (5) (3) (2) Custom arts and crafts products mfg. P P P P P(2) C(1) Computers, office rnachincs, and P(3) P(3) P(2) equipment mfg. 14fauufactuAng and assembly of P(3) P(3) P P P P 1'(2) electrical equipment, appliances, C(1) lighting, radio, •I'4' communications, equipment, and components Fabricated metal produets mfg., P P 1' P P P P(2) custom sheet metal mfg., containers, C(I} hand tools, heating equipment, screw prutlucts, extrusion, coating, and Plating Manufacturing and assembly of P(3) P(3) P P (2-9) 1' P P(2) electronic and electrical devices, and { ) (25) R-9) (I automntive, aerospace, missile, L251 (-L51 i251 airframe, and similar products: C (I) Hazardous substance land uses A(7) (7) A (9) A(9) A(9j A A A {9) A(7) A A (W A A L81 M LS) 0) (1-1) (4) " Ll Cfs# 4-5) (12) Ess} (14) C G C L1 c- {) (Q 6LJ) (G) (U) (M C C 1n In L7) (46) (W " Lull Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 Zoning Districts Key P = Principally Permitted Uses •y S = Special Uses 155 C: C = onditionaI Uses �j A= Accessory Uses 5 a o C Q C ar lu 0 p ,�' Id •a 14 R a is c qa �' �� y ae c a '5 c E ja a 5 o C� is Q m ti E ani 8 a a"i Ca = L' r Qy t x c= K r v U T °' ° n Q ❑ on ce g n Fn v vs G r p �i a Z CJ U d S U `;I U � � U 0 � •� �" � d Q n n rn va L U p 2 0 0 O C7 Offices incidental and necessary to A A A A A P P P P P P lice conduct of a principally permitted Ilse Warehousing and distribution P P P P P P P facilities { {2(#} (3Q} (20) (20) (2A) (38) !L21 JU6 LU6 116) !U6 C C(1) Rail -ti -tick transfer uses C C C P41 P P { (24� 1U7 (24) " (C) f 1) Outdoor storage (including truck, P P A A A A C P heavy equipment, and contractor A C storage yards as allowed by KCC (1) development Standards 15.04.190 and 15.04,195) Miniwarehouses self -storage C P P C P j f22 -i i Manufacturing of soaps, detergents, C P and other basic cleaning and C{1) cleaa"ink preparations Manufacturing of plastics and C P synthetic resins C(1) Nhinufacturing of synthetic and C P j natural fiber and cloth C(1) Manufacturing of ply vood. C P composition wallboard, and similar C(1) structural wood products Nlanufacturlug of nonmetallic C P mineral products such as abrasives, C(1) asbestus, chnily pumice and pretty Manufacturing of heat resisting or C P structural clay products (brick, tile, C(1) or pipe) or porcelain products Manufacturing of machinery and C P heavy machine tool equipment for CM general industry and mining, agricultural, construction, or service industries Manufacturing, processing, P P (24) P P P assembling, and packaging of articles, (24) (20) (24) C (2) products, or merchandise made from (20) (3� (1) previously prepared natural or (40) JZJ6 (30) synthetic materials (26) 04) (31) (28) (32) Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 Zoning Districts Ka y P = Principally Permitted ITses S = Special Uses C = Conditional Uses y A= Accessory Uses 5 0 0 � N P4 R 4 p p b 8 c J� 'y i5 ci 'i. rQ� Cr ,m G it f� 7] a° C S�' tea � _ � 7�] � '• l7� G %' [-� r_n 1U. Ca r U i ❑ w to GG U u iii TN a w a W s T c4 ❑ r o i i ^ Y Ca Q i 2:' -v iYe Q - yb ti CD GV in, OD SY ✓J Ln. J0 a8 7 U M O � � � � On :n rn W� Manufacturing, processing, treating, P P P P assembling and puckaging of articles, (24) (24) (24} (34) products, or merchandise from previously prepared ferrous, {3g} (38) (39) C llonferrous, or alloyed metals (16) (1) Complexes which include a P 1' combination of uses, including a mixture of office, storage, and light manufacturing uses Accessory uses and buildings A A A A rk 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 (3) R% (110) " (W RO) (14) (14) (e) permitted use Ln u 2 fIO M 2 1 i Impound Inti C C (ly PACiviAOrdinance11.5 04 040FinaII21708.doux Hazardous Materials Zoning Amendments -KCC 1.5.04.040-15,04.050 SECTION 2. - Amendment. Section 15.04.050 of the Kent City Code, entitled "Manufacturing Land Use development Conditions," is amended as follows: Sec. 15.04.050. Manufacturing land use development conditions. 1. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: (1) Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. (2) Hydraulic cement, concrete, gypsum, lime, carbon, f 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, IE i including blast furnaces, and including drop forging, drop hammering, boiler plate works, and similar heavy metal operations: (1) Asphalt batching plants. 6 Hazardous Materials Zoning Amendments -KCC 15.04.040 15.04.050 (2) Concrete mixing and batching plants, including ready - mix concrete facilitles. (3) Rock crushing plants and aggregate dryers. (4) Sandblasting plants. 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. operations. (5) Slaughtering, stockyard, feedlot, dairy, and similar (5) pickling and brine curing processes. (7) Wholesale produce markets. g. Salvage, wrecking, following and similar operations: and disposal activities, including the (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, j 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. 7 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 (3) Explosives or fireworks, except where incidental to a principally permitted use. (4) Fertilizer or manure. 2. Small scale, light industrial, or manufacturing operations where the building, structure, or total operation does not encompass more than ten thousand (10,000) square feet of area. The ten thousand (10,000) square feet total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1)' of these uses shall be allowed per lot. 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 (1.0,000) square foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one (1) ten thousand (10,000) 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 M3 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. 8 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 7. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 11.02 KCC and do met, sHbstanees or wastes eF any combination thereof at any ore (1) tome eig the site subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. Fuel farm facilities are not allowed in AG or A-10 zones. • -- - - - - -OW E—SWWOMESE 6LWW1N- - -XWIWW - LVAV V%YWOE LN NEEk -ANN- •• -� 1 L f - - - - - - - ■ i i r � w � - - - w .98. For permitted uses, hazardous substance land uses, including onsite !F. hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 11.02 KCC 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 KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 109. Includes incidental storage facilities and loading/unloading areas. 9 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 S S w r - - - - - • r r - r r i " -Rq No NL -1 no LWI - V i - - w i i --r r - -� - - -iw r -i w ■mow -- -- - -r r ii. 9 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 subst a n e eE)F wastes site,the s-*ect to the / tinge,hazardous waste treatment ar sterage fluadilities, which are net permitted in this district-. 12. For permitted uses, aceessery hazardous substance land uses whieh are not subjeet to cleanup requirements ef Ch. 11.02 KGG and whieh accumulate Fnere than ten thousand (I0,000) paunds of hazardous substaigees or wastes or any combination thereof at any Eme (1) tirne on the site or whieh handle mere than twenty theusand (20,G99) pounds ef hazardous substanees and wastes on the site In any thirty (30) day period of ! exeept E) hazardaus waste treatment or storage facilities, �,ohich are not perrnitted in this ristroe- -1:310. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. -1-411. Including transportation and transit terminals with repair and storage facilities, and rail -truck stations, except classification yards in the category of "hump yards." X12. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 11.02 KCC a,, R do not aecungulate mere than 1wenty 4L I t .A hazardeus substances or wastes or any combination thereof at aigy one (1) ti ffle eig the site subject to the provisions of section 1.5.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 16For permitted uses, aeeessory hazardaus substanee land use's 10 Hazardous Materials Zoning Amendments -xcc 15.04.040 -15.04.050 1-01011r 11111 an w i w. r - - - - i NZILS VQW ILq 4-713. Conditional use permit required for trucking terminals and rail -truck transfer uses. X14. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Ch. 1.1..02 KCC and which hazardous gubstaigees or wastes or any eeffibination thereof at any ege (1) time on the site, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. are not subject te eleanup permit requffemeqts of Ch. !1.()2- KGG and time on the site, subject to the provisions ef KGG 15.08.059, exeept offsite 15 The following requires a_conditional use permit; a. Offsite hazardous waste treatment or storage facilities, subject to the provisions of KCC 15,08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. 11 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 2-015. 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. 2417. Conditional use for car loading and distribution facilities, and rail - truck transfer stations. 2218. Warehousing and distribution facilities and the storage of goods or products, including rail -truck transfer facilities. -319. Miniwarehouses; provided, that the following development standards shall apply for miniwarehouses, superseding those set out in KCC 15.04.190 and 15.04.200: 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 F district, defined by the provisions of KCC 15.04.100(A)(1), or for the office or onsite manager's unit, signage, parking, and access. A maximum of twenty-five (25) percent of the frontage may be used for access to the storage unit area; provided, that in no case shall the access area exceed seventy-five (75) feet in width. No storage units or structures shall be permitted within this one hundred fifty (150) feet of commercial frontage depth. b. Lot size. Minimum lot size is one (1) acre; maximum lot size is four (4) acres. C. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: (1) Front yard: Twenty (20) feet. (2) Side yard: Ten (10) feet. (3) Rear yard: Ten (10) feet. 12 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 e. Height limitation. The height limitation Is one (1) story. f. Outdoor storage. No outdoor storage is permitted. g. Signs. The sign requirements of Ch, 15.06 KCC shall apply. h. Off-street parking. (1) The off-street parking requirements of Ch. 15.05 KCC 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 KCC 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 i 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. I. Drive aisles. Drive aisle width and parking requirements are as follows: aisle. (1) Fifteen (15) foot drive aisle and ten (10) foot parking (2) Parking for manager's quarters and visitor parking. 13 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 M. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed `. one hundred (100) feet. The offset shall be no less than twenty (20) feet in the horizontal dimension, with a minimum depth of five (5) feet. n. Building materials. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping, and fencing shall be used. No uncomplimentary building colors should be used when abutting a f 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. -2420. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smeltering, refining, and forming). --521. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district (as shown in KCC 15.04.080) must be 14 Hazardous Materials Zoning Amendments -KCC 15.04.040 -1s.04.050 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 i g. Any other use that is determined by the planning director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Use interpretations. 2622. Permitted uses are limited to storage, warehousing, processing and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm facilities. X23. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 15 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04,050 27924, Except for those goods or products specifically described as permitted to be stored as conditional uses. 2925. Excluding explosive fuels and propellants. 326. Excluding predominantly drop forge and drop hammer operations. 327. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 3-228. Excluding paint boiling processes. -329. Limited to twenty-five (25) percent of gross floor area. Reference KCC 15.04.050(5), -3420. Retail or services 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 I of the use will not adversely impact onsite or offsite conditions or either an individual or cumulative basis. 3§31. Reuse or replacement of existing structures for non-agricultural uses is allowed where it is shown that the existing structures are obsolete I for agricultural use and will have no viable economic use unless they can be put to non-agricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than one hundred (100) square feet in area per business, and of that amount, freestanding signs shall not exceed forty (40) square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a non-agricultural use. 16 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04.050 SECTION 3. -- Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUE E COOKE, MAYOR ATTEST: BRENDA JACOBER, CIWCLERK APPROVED AS TO FORM: TONE BRUBAKI✓R, CITY ATTORNEY 17 Hazardous Materials Zoning Amendments -►ccc 15.04.040 -15.04.050 PASSED: day of 200,8. 200,8. APPROVED: day of PUBLISHED: day of 200,8 J I hereby certify that this' is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOB101 CITY CLERK P,1Civi[\Ordiiiincc",HRz�irdc)iisktutori<11s-ArnendKCC15 04 040050Fina11217N,dwx 18 Hazardous Materials Zoning Amendments -KCC 15.04.040 -15.04,050