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)
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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(SEAL)
MARIE JENS , CITY LERK
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