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HomeMy WebLinkAbout2785Ordinance No. 2785 ["Beginning July 1, 1998"] (Amending or Repealing Ordinances) CFN=131-Zoning Codes Passed — 6/21/1988 Adult Entertainment Amended by Ord. 3475 (Secs. 15.02.006;15.02.007;15.02.008;15.02.009; 15.02.502;15.02.503) Amended by Ord. 3612 (Sec. 15.08.270) Amended by Ord. 3770 (Sec. 15.08.270) p.. �5,os•a' 3ar7 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the Zoning Code to define adult entertainment establishments, and to add adult entertainment establishments to the list of adult uses, and regulating the location of such with respect to protected uses, amending Section 15.02.008, adding Section 15.02.009, and amending Section 15.08.270. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Zoning Code Chapter 15.02 is amended as follows: CHAPTER 15.02 DEFINITIONS For purposes of this code, certain terms or words used herein shall be interpreted as follows: The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word shall is mandatory, the word may is permissive. The word used or occupied includes the words intended, designed, or arranged to be used or occupied. The word lot includes the words plot and parcel. 15.02.005. ACCESSCRY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 15.02.006. ADULT BOOKSTORE. A commercial establishment which has a minimum of 20 percent of its stock in trade, books, magazines, or other periodicals distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein. Such an establishment is customarily not open to the public generally but only to one or more classes of the public, excluding minors by virtue of age. It shall be a rebuttable presumption that 20 percent of a business' stock in trade is considered substantial. (0.2687, §2) 15.02.007. ADULT MOTION PICTURE THEATRE. An Adult Motion Picture Theatre is an enclosed building used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as hereafter defined for observation by patrons therein. This term includes outdoor drive-in theatres or structures which present similar films, movies, or other visual media depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as hereafter defined for observation by patrons. (0.2687, §2) 15.02.008. ADULT USES. For the terms of this code, adult uses shall include adult motion picture theatres, adult drive-in theatres, ((and)) adult bookstores, and adult entertainment establishments ((as defined herein)). (0.2687, §2) 15.02.009. ADULT ENTERTAINMENT ESTABLISHMENT. An adult entertainment establishment means any business or operation regulated by KCC 5.32 including any business or operation that involves an exhibition or dance by persons that is distinguished or characterized by an emphasis on conduct that depicts, displays, or relates to "specified sexual activities" or "specified anatomical areas", as defined in Section 15.02.502 and .503. Such an establishment customarily excludes persons by virtue of age from all or a portion of the premises. 15.02.010. AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal and poultry hus- bandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities and provided further that the above uses shall not include the commer- cial feeding of garbage or refuse to swine or other animals. 15.02.015. ALLEY OR LANE. A public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property. 15.02.020. APARTMENT. A dwelling unit in a multifamily building. 15.02.025. APARTMENT HOUSE (MULTIFAMILY DWELLING). Any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independ- ently of each other and doing their own cooking in the said build ing, and shall include flats and apartments. 15.02.030. AUTOMOBILE REPAIR. Includes fixing, incidental) body or fender work, painting upholstering, engine tune-up, adjusting lights, brakes, supply and installing replacement parts to passenger vehicles and trucks. - 2 - w 15.02.035. AUTOMOBILE SERVICE STATION OR GASOLINE FILLING STATION. A building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sol or offered for sale at retail only; repair service is incidental and no storage or parking space is offered for rent. 15.02.040. AUTOMOBILE WRECKING OR MOTOR VEHICLE WRECKING. The dismantling or disassembling of motor vehicles or the storage sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. 15.02.045. BASEMENT. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. 15.02.050. BOARD OF ADJUSTMENT. The Kent Board of Adjust - rent created in accordance with RCW 35A. 15.02.055. BOARDING OR LODGING HOME. A dwelling or part thereof, other than a motel or hotel, where lodging with or with- out meals, is provided, for compensation for not more than three (3) persons. 15.02.060. BUILDING. Any structure having a roof sup- ported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. 15.02.065. BUILDING HEIGHT. The vertical distance from the "grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. 15.02.070. CANOPY. A roof -like projection. 15.02.075. COMPREHENSIVE PLAN. The plans, maps, reports which have been adopted by the City Council in accordance with RCI 35.63 or RCW 35A. 15.02.080. COMBINING DISTRICT. District regulations superimposed on an underlying zoning district which impose addi- tional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone mal also be developed. 15.02.085. COMMON OPEN SPACE. A parcel or parcels of lanc or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development. 15.02.090. CONDITIONAL USE. A use permitted in a zoning district only after review and approval by the Hearing Examiner. Conditional uses are such that they may be compatible only on cer- tain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner. 15.02.092. CREEKS, MAJOR. The following are major creeks identified by the City of Kent. - 3 - w A. B. C. D. E. F. G. H. I. J. Mill Creek Garrison Creek and its tributaries Springbrook Creek Johnson Creek Midway Creek Star Lake Creek Bingaman Creek Mullen Slough Mill Creek (Auburn) West Branch Big Soos Creek and tributaries The location of these creeks is identified on the map entitled "Hazard Area Development Limitations," RCC 15.08.222. 15.02.093. CREEKS, MINOR. All creeks other than major creeks and generally including the following criteria; a course or route as formed by nature, or as altered by human activity and generally consisting of a channel with a bed, banks, or sides sub- stantially throughout its length along with surface waters, with some regularity, naturally and normally flow or drain from high to lower lands. The location of these creeks is identified on the map entitled "Hazard Area Development Limitations," KCC 15.08.222. 15.02.095. CROP AND TREE FARMING. The use of land for horticultural purposes. 15.02.100. DEVELOPMENT PLAN. A plan drawn to scale, indi- cating the proposed use, 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, yards, setbacks, land- scaping, off-street parking, ingress and egress, and signs. 15.02.105. DEVELOPMENT STANDARDS. Regulations including but not limited to setbacks, landscaping, screening, height, site coverage, signs, building layout, parking and site design and related features of land use. 15.02.107. DISCONTINUANCE. The abandonment or nonuse of a building, structure, sign and/or lot for a period of six (6) months. 15.02.110. DISTRICT. An area designated by the Kent Zoning Code with specific boundaries in which lie specific zones which zones are described in the code. 15.02.111. DOCK HIGH LOADING AREAS. Truck maneuvering areas and loading/unloading areas associated with loading doors that are located above the finish grade. (0.2740, §1) 15.02.112. DRAINAGE DITCHES. A manmade channel with a bed, bank or sides which discharges surface waters into a major or minor creek, lake, pond or wetland. 15.02.115. DWELLING, SINGLE FAMILY. A detached residen- tial dwelling unit other than a mobile home, designed for and occupied by one family only. - 4 - 15.02.120. DWELLING, TWO FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families. 15.02.125. DWELLING, MULTIPLE FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. 15.02.130. DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping estab- lishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property and containing independent cooking and sleeping facilities. 15.02.132. EROSION HAZARD AREA. A. Class 1 Erosion Hazard Areas. All areas of the City, other than Class 2 or 3 erosion hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 - District Regulations. B. Class Erosion Hazard Areas. All soils mapped by the Soil Conservation Service as having moderate to severe erosion hazard potential. These soils in the City of Kent include Arents, Alderwood material (AmC), Alderwood gravelly sandy loam (AgC), and Everett gravelly sandy loam (EvD). C. Class 3 Erosion Hazard Areas. All soils mapped by the Soil Conservation Service as having a severe to very severe ero- sion hazard potential. These soils in the City of Kent include Alderwood gravelly sandy loam (Agd) and Alderwood Kitsap soil (AKF). D. Soil Conservation Service Maps referenced herein are on file with the City Clerk. 15.02.135. FAMILY. A person living alone, or two or more persons customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boarding or lodging house. 15.02.140. FENCE - SIGHT OBSCURING. The minimum for a sight -obscuring fence is a chain-link fence with woven slats in every row or available space of the fence. 15.02.145. FENCE - 100% SIGHT OBSCURING. A fence con- structed of solid wood, metal or other appropriate material which totally conceals subject use from adjoining uses at six (6) feet above the base of the fence line, at twenty (20) feet from subject property line. 15.02.150. FRONTAGE, BUILDING OR OCCUPANCY. The length of that portion of a building or ground floor occupancy which abuts a street, publicly used parking area, or mall appurtenant to said building or occupancy expressed in lineal feet and fractions thereof. - 5 - 15.02.155. GARAGE OR CARPORT, PRIVATE. A building, or a portion of a building principally for vehicular equipment such as automobiles, boats, etc., not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the building or buildings on the premises are stored of kept. 15.02.160. GENERAL CONDITIONAL USES. Uses described in Section 15.08.030. Such uses shall be deemed conditional uses in all districts. 15.02.165. GRADE. The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the side- walk, alley or public way. 15.02.170. GROSS FLOOR AREA. The area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above. 15.02.175. GROUNDCOVER. Low growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two years after planting. (Examples: sod or seed lawn, ivy, junipers, cotoneaster, etc.) 15.02.180. without any kitchen transient visitors main building. GUEST COTTAGE. An accessory, detached dwellinc facilities designed for and used to house or non-paying guests of the occupants of the 15.02.185. HEARING EXAMINER (LAND USE). A person appointed by the City Administrator to conduct public hearings on applications outlined in the City ordinance creating the Hearing Examiner, and who prepares a record, findings of fact and conclu- sions on such applications. 15.02.187. HIGHEST SHADE PRODUCING POINT. The point of a structure which casts the longest shadow at noon on January 21. 15.02.190. HOME OCCUPATION. The carrying on of a lawful business activity within the dwelling unit by the inhabitants of the dwelling unit. (0.2424, §1) 15.02.195. HOME OWNERS ASSOCIATION. An incorporated, non- profit organization operating under recorded land agreements through which (a) each lot owner is automatically a member and (b) each lot is automatically subject to a charge for a proportionate share of the common property and (c) a charge if unpaid, becomes lien against the property. 15.02.200. HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. 15.02.202. IMPERVIOUS SURFACES. That hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent t, development. Common impervious surfaces include, but are not lin. ited to, roof tops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, maca• dam or other surfaces which similarly impede the natural infiltra. tion of surface water. 15.02.205. INTERIOR COURT. A space, open and unobstructe( to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. 15.02.210. JUNK YARD. A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used -lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment. 15.02.215. KENNEL. Any premises on which four (4) or mor( dogs, which are five -months old or older are kept. 15.02.217. LAKES. Natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin al low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the Public Works Department are not included in this definition. 15.02.220. LANDSCAPING. Vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. 15.02.222. LANDSLIDE AREAS. A. Class 1 Landslide Areas. All areas of the City, other than Class 2 or 3 landslide hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 - District Regulations. B. Class 2 Landslide Areas. Slopes of 15 percent or greater with permeable subsurface material (predominately sand an( gravel) to base level. C. Class 3 Landslide Areas. Class 3 landslide hazard areas means those areas subject to a severe risk of landslide, du( to the combination of: (a) slopes greater than fifteen (15) per- cent; and (b) impermeable subsurface material (typically silt and clay) sometimes interbedded with permeable subsurface material (predominantly wet sand and gravel) between the top and base (foot) elevations; and (c) characterized by springs or seeping groundwater during the wet season (November to February). These areas include both active and currently inactive slides. - 7 - w 15.02.225. LOT. For the purposes of this code a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use,.coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, and portions of lots of record; D. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the require ments of this code. 15.02.230. LOT, CORNER. A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines. 15.02.235. LOT FRONTAGE. The front of a lot shall be that portion nearest the street. On a corner lot the front yard shall be considered the narrowest part of the lot that fronts on a street, except in industrial and commercial zones in which case the user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage. 15.02.240. LOT LINES. The property lines bounding the lot 15.02.245. LOT MEASUREMENTS. A. Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. B. Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where eighty (80) percent requirement shall not apply. 15.02.250. LOT OF RECORD. A lot which is part of a sub- division recorded in the office of the County Assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. 15.02.252. LOT, RIVERFRONT. Any lot or land parcel which is adjacent to the Green River, a scenic and recreational road, a riverfront road or a riverfront park. (0.2544, §3) 15.02.255. LOT, THROUGH. A lot that has both ends fronting on a street. Either end may be considered the front. 15.02.257. MAJOR NONCONFORMING BUILDING/STRUCTURE. Any nonconforming building or structure located on a parcel which at any point borders or is in a residential district and which is not in compliance with the minimum development standards of the district in which it is located. 15.02.258. MINOR NONCONFORMING BUILDING/STRUCTURE. Any nonconforming building or structure which is not a major noncon- forming structure and which is not in compliance with the minimum development standards of the district in which it is located. 15.02.260. MOBILE HOME. A factory constructed residentia: unit with its own independent sanitary facilities, that is intended for year round occupancy, and is composed of one or more major components which are mobile in that they can be supported b, wheels attached to their own integral frame or structure and tower by an attachment to that frame or structure over the public high- way under trailer license or by special permit. 15.02.265. MOBILE HOME PARK. An area under one ownership designed to accommodate ten (10) or more mobile homes. 15.02.270. MOTEL, INCLUDING HOTEL AND MOTOR HCTEL. A building or group of buildings comprising individual sleeping or living units for the accommodation of transient guests for compensation. parcel manner 15.02.275. NATURAL of land undisturbed which preserves the OR NATIVE AREAS. by development, indigenous plant All or portions of a and maintained in a materials. 15.02.280. NET ACRE. The buildable area after the area o: street rights of way has been subtracted. 15.02.282. NONCONFORMING LOT OF RECORD. Any validly recorded lot which at the time it was recorded fully complied wit] the applicable laws and ordinances but which does not fully compl'. with the lot requirements of this ordinance. 15.02.283. NONCONFORMING SIGN. Any sign legally estab- lished prior to June 20, 1973 which is not in full compliance wit] the regulations of this ordinance. 15.02.285. NONCONFORMING USE. The use of land, a buildin(, or a structure lawfully existing as of June 20, 1973 which does not conform with the use regulations of the district in which it is located on the effective date of such use regulations. 15.02.286. NONCONFORMITY. Any land use, structure, lot o record or sign legally established prior to the effective date of this code or subsequent amendment to it which would not be per- mitted by or is not in full compliance with the regulations of this ordinance. 15.02.287. NORTHERN LOT LINE. A lot line or lines less than 45 degrees southeast or southwest of a line drawn east -west and intersecting the northernmost point of the lot. If the nor- thern lot line adjoins any unbuildable area (e.g., streets, alleys, public rights of way, parking lots, common areas) other than required yard area, the northern lot line shall be that por- tion of the northerly edge of the unbuildable area which is due north from the actual northern lot line of the applicant's property. 15.02.288. NORTH -SOUTH LOT DIMENSION. The average dis- tance between lines from the corners of the northern lot line south to a line drawn east -west and intersecting the southernmost point of the lot. 15.02.290. NURSERY SCHOOL OR DAY CARE CENTERS. Nurseries or day care centers shall mean any type of group day care pro- grams, including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, programs covering after-school care for school children, provided such establishment is licensed by the State and conducted in accordance with State requirements. 15.02.295. OCCUPANCY. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. 15.02.300. OFFICIAL MAP. Maps showing the designation, location and boundaries of the various districts which have been adopted and made a part of this code. 15.02.305. OPEN GREEN AREA. Landscaped areas and areas of natural or native vegetation. 15.02.310. ORDINARY HIGH WATER MARK. Crdinary high water mark on the Green River, Lake Fenwick, streams, marshes, and swamps is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of this Chapter, or as it may naturally change thereafter: PROVIDED, that in any area where the ordinary high-water mark cannot be found the ordinary high-water mark shall be the line of mean high water. 15.02.315. OUTSIDE STORAGE. All or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials and other similar items which detract from the appear- ance of the zone in which they are located. 15.02.320. PARKING SPACE OR PARKING STALL. A parking space is any off-street space intended for the use of vehicular parking with ingress or egress to the space easily identifiable. 15.02.325. PARKING, TEMPORARY. Parking facilities speci- fically designed to accommodate not less than 51 vehicles and intended for public use for a period of not more than five (5) years, subject to annual maintenance review by Engineering Depart- ment. Temporary parking shall not be in lieu of specified off-street parking as required in Chapter 15.05, Off -Street - 10 - Parking and Loading Requirements. 15.02.330. PERFORMANCE STANDARDS. Regulations for the control of "dangerous or objectionable elements" as defined in Subsection 15.08.505 A. 15.02.335. PLANNED UNIT DEVELOPMENT. Planned Unit Development is a residential development built under those provi- sions of this code which permit departures from the conventional siting, setback, and density requirements of other sections of this code in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permit ting design flexibility. 15.02.336. PARK, RIVERFRONT. A publicly -owned open space which lies along the Green River, along a scenic and recreational road. (0.2544, §6) 15.02.337. RAVINE. An area constituting a "young valley" which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than fifteen (15) percent. See following illustration. 15.02.338. RECREATIONAL VEHICLES. Motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms; travel trailers, tent trailers ane camping trailers, all of which must be towed by a car; and truck campers, motor homes and camper vans, all of which have the motor within the body of the vehicle. Recreational vehicles may also include any motorized or nonmotorized vehicle, boat, boat trailer, or other vehicle to be used for recreational purposes. 15.02.339. ROAD, SCENIC AND RECREATIONAL. Russel and Frager Roads shall be designated as Scenic and Recreational Roads. (0.2544, §2) 15.02.340. ROADSIDE STAND. A temporary structure designee or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located. 15.02.342. SEISMIC HAZARD AREAS. A. Class 1 Seismic Hazard Areas. All areas of the City, other than Class 2 or 3 seismic hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Chapter 15.04 - District Regulations. B. Class 2 Seismic Hazard Areas. Class 2 seismic hazard areas means those areas where soils are characterized by moder- ately well -drained alluvium and glacial outwash of moderate density. C. Class 3 Seismic Hazard Areas. Class 3 seismic hazard areas means those areas subject to severe risk of earthquake damage due to soils of low density, due to poorly drained or impervious alluvium, due to highly saturated organic material or due to slopes greater than fifteen (15) percent, excluding those Alderwood gravelly sandy loam (AgD) soils located on slopes less than twenty-five (25) percent overlying thick sequences of Vashon till. 15.02.343. SERVICE sells the knowledge or work product. USES OR ACTIVITIES. A business which of its people rather than a tangible 15.02.345. SHOPPING CENTER. A retail shopping area designed as a unit, which utilizes a common parking area. 15.02.350. SIGN. Any structure, device, letter, figure, character, poster, picture, trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. However, a sign shall not include the following: A. Official notices authorized by a court, public body or public officer. B. Direction, warning, or information sign authorized by federal, state or municipal authority. C. The official flag, emblem or insignia of a government, school or religious group or agency. D. Memorial plaque or tablet; "cornerstones" indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure. 15.02.355. SIGN AREA. The total area of all faces of a sign expressed in square feet. Area is measured from the outside perimeters (including backup, molding, framing, decorative scroll- work, etc.). The area of a group of individual mounted letters or figures shall be the area of the geometric form necessary to enclose same. 15.02.360. SIGN HEIGHT. The distance from ground level to the highest point on the sign structure. 15.02.365. SIGN, ABANDONED. Any sign which has been deserted and its effective use terminated, and which no longer fulfills the purpose for which it was constructed. 15.02.370. SIGNS, ADVERTISING. A sign which directs attention to a business, commodity or service or entertainment sold or offered elsewhere than on the premises and only incidentally on the premises. 15.02.375. SIGN, BUSINESS. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the premises. 15.02.380. SIGN, CANOPY. A sign attached to the underside of a canopy. - 12 - 15.02.385. SIGN, CONSTRUCTION. A temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors, and other information regarding the building or structure. 15.02.390. SIGNS, DIRECTIONAL AND INFORMATIONAL. A sign designated to guide or direct pedestrians or vehicles. 15.02.395. SIGN, FLASHING. An illuminated sign with action or motion, light or color changes. 15.02.400. SIGN, FREESTANDING. A sign standing directly upon the ground or having one or more supports standing directly upon the ground, and being detached from any building or structure 15.02.405. SIGN, GATE OR ENTRANCE. A sign attached or adjacent to an entrance way of a residential site or subdivision which identifies the site or subdivision. 15.02.410. SIGN, IDENTIFICATION. A sign used only for the purpose of identifying the occupancy of a building, structure or property. 15.02.415. SIGN, ILLUMINATED. A sign designed to give forth any artificial light or reflect such light from an artifi- cial source. 15.02.420. SIGN, INDIRECTLY ILLUMINATED. Illuminated non - flashing sign whose illumination is derived entirely from an external artificial source and is so arranged that no direct rays of light are projected from such artificial source into residences or street. 15.02.425. SIGN, INSTITUTIONAL. A sign used only for the purpose of identifying an institution. 15.02.430. SIGN, OFF -PREMISE. A sign not located on or supported by a structure not located on the same premises as the business, product, service or activity being identified or adver- tised by such sign or an advertising sign. 15.02.435. SIGN, ON -PREMISE. A sign identifying a busi- ness, product, service or activity conducted or sold on the same premises as that on which the sign is located. 15.02.440. SIGN, PAINTED. A sign which is painted on any office, wall, window, fence or structure of any kind. 15.02.445. SIGN, PCLITICAL•. A sign advertising a candi- date for political office, or a measure scheduled for election. 15.02.450. SIGN, PORTABLE. A sign which is not perma- nently affixed to the ground, or to a building or structure and may be easily moved. 15.02.455. SIGN, PROJECTING. A sign affixed to the exter- ior wall of a building or structure with the exposed faces perpen- dicular to the plane of said wall. - 13 - 15.02.460. SIGN, ROOF. A sign attached to a building which projects above the structure of the building. (This defini- tion refers to the architectural unity of a building or structure. 15.02.465. SIGN, ROTATING. A sign containing moving parts) 15.02.470. SIGN, SUBDIVISION. A sign erected and main- tained within the boundaries of a recorded subdivision and indi- cating the name of the subdivision., the name of the contractor or subdivider, the name of the owner, or agent, and giving informa- tion regarding directions, price or terms. 15.02.475. SIGN, TEMPORARY. A sign intended to advertise community or civic projects, construction projects, real estate for sale or lease or other special events on a temporary basis. 15.02.480. SIGN, WALL. A sign affixed to the exterior wall of a building or structure with the exposed face of the sign on a plane parallel to the plane of said wall. 15.02.485. SIGN, WINDOW. A sign painted on, affixed to, or placed in an exterior window with the exposed face of the sign on a plane parallel to the plane of said window. 15.02.490. SITE COVERAGE. That portion of a lot covered by buildings or structures. 15.02.495. SLOPE LINE. Defined as perpendicular to the contour lines crossing the property. The precise bearing or heading of the slope line shall be determined by the Planning Department. 15.02.496. SOLAR FACTOR. A number assigned to every lot which is based on the lots north -south lot dimension and solar slope as determined by Table 1, Section 15.08.234. 15.02.497. SOLAR SETBACK. A setback from the northern lot line equal to the distance between the northern lot line and that point on grade immediately beneath the highest shade producing point of a structure. 15.02.498. SOLAR SLOPE. The average of slope lines from the corners of the northern lot line south to a property line. The slope of a single line is determined by dividing the vertical distance between the two end points by the horizontal distance between the same two points. North facing slopes will have a negative (-) value. South facing slopes will have a positive (+) value. 15.02.500. SPECIAL PERMIT. A permit issued for uses per- mitted in a district provided such use meets the standards as required for such use. 15.02.502. SPECIFIED ANATOMICAL AREAS. 1. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and - 14 - 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (0.2687, §2) 15.02.503. SPECIFIED SEXUAL ACTIVITIES. 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (0.2687. §2) 15.02.505. STACKING SPACE. The space specifically desig- nated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-in window, facility, or entrance used by patrons and in lanes leading up to and away from the business establishment. 15.02.510. STRUCTURE. That which is built or constructed; an edifice or building of any kind or any piece of work composed of parts jointed together in some definite manner and includes posts for fences and signs, but does not include mounds of earth or debris. 15.02.515. STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished -floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined herein at any point, such basement cellar or unused underfloor space shall be con- sidered as a story. 15.02.520. STREET. A public way thirty (30) feet or more in right-of-way width which affords a primary means of access to property. 15.02.525. TOWNHOUSE. Attached one or two-family dwel- lings, having no side yard and sharing a common wall with adjacent, dwelling units. 15.02.527. TRADE, RETAIL. The sale or rental of goods and merchandise for final use or consumption. 15.02.528. TREE. Tree shall mean any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of six (6) inches or more measured at three (3) feet above ground level. 15.02.529. UNIQUE AND FRAGILE AREA. An area of special environmental significance for wildlife habitat, threatened plan communities, and/or natural scenic quality. The geographic boundaries of these areas are officially delineated on the "Hazard Area Development Limitations" map, referred to above in Exhibit A. - 15 - 15.02.530. USE. An activity for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. 15.02.531. USE, CHANGE OF. A change of use shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: 1) hours of opera- tion, 2) materials processed or sold, 3) required parking, 4) traffic generation, 5) impact on public utilities, 6) clientele, and 7) general appearance and location. 15.02.533. USE, TEMPORARY. Any activity and/or structure permitted under the provisions of Section 15.08.205 of the Kent Zoning Code which is intended to exist or operate for a limited period of time and which does not comply with zoning code develop- ment standards and requirements as specified for the zoning dis- trict in which it is located. 15.02.534. USED. The word "used" in the definition of "Adult Motion Picture Theatre" herein, describes a continuing course of conduct exhibiting "specific sexual activities" and "specified anatomical areas" in a manner which appeals to a prurient interest. (0.2687, §2) 15.02.535. VARIANCE. A modification of regulations of this code when authorized by the Board of Adjustment after finding that the literal application of the provisions of the code would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. 15.02.539. VEGETATION, SHADING. This is vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vege- tation are specified in KCC 15.08.200, "Landscaping." 15.02.540. VEGETATIVE AID. Bark mulch, gravel and other nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover. 15.02.545. VETERINARY CLINIC. Any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which does not have outdoor runs. 15.02.550. VETERINARY HOSPITAL. Any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which may have outdoor runs. 15.02.555. VIEW. An unrestricted angle of vision eman- ating from a location that qualifies as view property. 15.02.560. VIEW PROPERTY. Any property having a general slope of 20 percent or more and that property located immediately upslope of such property for a distance of 100 feet in R1-7.2, R1-9.6, and R1-12 zones and a distance of 200 feet in all other zones, from the contour line where the slope becomes 20% or greater. - 16 - w 15.02.565. YARDS. The land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by this code, surrounding a building site. 15.02.570. YARD, FRONT. An open space, other than the court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line and including the full width of the lot to its side line. 15.02.575. YARD, REAR. An open space on the same line with the building between the rear line of the building (exclusiv, of steps, porches and accessory buildings) and the rear line of the lot including the full width of the lot to its side lines. 15.02.580. YARD, SIDE. An open space on the same lot wit] the building between the side wall line of the building and the side line of the lot and extending from front yard to rear yard. No portion of a structure shall project into any side yard except cornices, canopies, eaves or other architectural features which may project 2 feet, 0 inches. 15.02.585. ZONING. The regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi -public land use and buildings which provide for proprietary -type services for the community's benefit as contrasted with governmental activi- ties. Governmental activities are encouraged to cooperate under these regulations to secure harmonious city development. 15.02.590. ZONING LOT. A tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of this code, having not less than the minimum area required by this code for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width and improvement. A "zoning lot' need not necessarily coincide with the "record lot" which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the County. 15.02.595. ZONING PERMIT. A certificate, issued prior to a building permit, that the proposed use is in accordance with the requirements and standards of this code. Section 2. Kent City Zoning Code Section 15.08.270 is amended as follows: 15.08.270 - Adult Uses. A. Adult uses, as defined in section 15.02.008, are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones: 1. Within or within one thousand feet of any residential zone (RA, Al, AG, R1-7.2, R1-9.6, R1-12, R1-20, MR -D, MR -G, MR -M, MR -H, and MHP as provided in KCC Chapter 15.09) or anj single or multiple family residential use. - 17 - w 2. One thousand feet of any public or private school. 3. One thousand feet of any church or other religious facility or institution. 4. One thousand feet of any public park. 5. One thousand feet of any public library. B. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land is to be separated. C. Violation of the use provisions of this section is declared to be a public nuisance per se, which shall be abated by the City Attorney under Washington State law, including procedure: set forth in KCC 15.09.100. D. Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. (0.2687, 51) Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. ATTEST: MARIE JENS,1 CITY CLgRK APPR&ED AS TO FORM: G ANDRA DRrSCOLL, CITY -ATTORNEY DAN KELLEHER, MAYOR - 18 - PASSED the day of APPROVED the t;�--day of PUBLISHED the :5?N 1�0 day of , 1988. , 1988. I h reby 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 hereo indicated. 5780-190 w (SEAL) MARIE JENS , CITY LERK - 19 -