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HomeMy WebLinkAbout4003ORDINANCE NO. J-/-O 0 3 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15, Kent City Code, spec1f1cally Section 15.04.170, Section 15.04.190, Section 15.05.100, Section 15.08.020, Section 15.08.040, Section 15.08.050, Section 15.08.100, Section 15.08.160, Section 15.08.205, and Section 15.09.055 [ZCA-2011-0l(A)]. RECITALS A. Local planning legislation anses from many sources, including, but not limited to, Federal, State or regional mandates; changes to local community v1s1on; complaints; need for clarity; updated technologies, business operations or strategies that make existing codes outdated, and conflicts with updated regulations in other City departments. B. The City has determined that amendments to Title 15, Kent City Code (KCC), are necessary to remove dupllcat1ons, provide clanf1cat1ons and correct references or footnotes. C. The City has determined that an amendment to Section 15.04.170 is necessary to clarify that the side yard requirement for lots created on or before March 22, 2007 1s five feet (5'), and, as approved via Ordinance No. 3830 on March 6, 2007, to define the increased setbacks for 1 Amend Title 15 Zoning half of the lots in plats and short plats created after March 22, 2007, and to clanfy the minimum lot widths for plats and short plats that were created after March 22, 2007. D. Section 15.04.190, footnote 7, which provides for an additional front yard setback, conflicts with the correct requirement in footnote 6. E. Diagram 2 shown in Section 15.05.100 incorrectly references a twenty-six feet (26') aisle width, which is inconsistent with the correct aisle width of twenty-four feet (24') shown m diagram 1. F. Section 15.08 020(A)(7) contains an incorrect reference for church daycares and should reference the applicable State law. G. The City determined that it should clarify under Section 15 08.040(F) that at-home lessons for tutonng, art, dance or music, conducted for more than one student at a time or that include student gatherings, require a Special Home Occupation permit. H. KCC Chapter 8.05 contains noise regulations; therefore in order to avoid duplication, conflicting regulations and unnecessary confusion, Section 15.08.0SO(D)(l), also regarding noise regulations, should be deleted. I. Section 15.04.030(6) allows existing dwellings in commercial and industrial zones to be rebuilt, repaired or otherwise changed for human occupancy; therefore, a reference to Section 15.04.030(6) should be added to Section 15.08.100(0)(2), to ehmmate a conflicting interpretation regarding nonconforming development. 2 Amend Title 1.5 Zoning J. KCC Chapter 15.02 defines a garage as having a size limitation of 1,000 square feet for the area where vehicles are stored, and this size limit should also be included m the accessory structures regulations of Section 15.08.160(A). K. The City has developed a car wash kit for temporary car wash operations, and adding this requirement to Section 15.08.205(A)(13) will inform staff and the public that a car wash kit is required for all temporary car washes. L. The last sentence of Section 15.09.055(0)(1) is a scrivener's error and does not relate to the zoning of annexed land. M. The Land Use & Planning Board considered this matter at workshops 1t held on July 11, 2011 and July 25, 2011, and held a public hearing on August 22, 2011 regarding these amendments, and recommended approval of the proposed changes to the zoning code. N. The Economic & Community Development Committee considered this matter at its September 12, 2011 meeting. 0. The City Council considered this matter at its September 20, 2011 meeting. P. The City's State Environmental Policy Act (SEPA) Responsible Official has determrned that the proposed amendments are procedural in nature and thus categorically exempt from further SEPA review. 3 Amend Title 15 Zoning P. On July 22, 2011, a request for expedited review was sent to the Washington State Department of Commerce, which acknowledged that the request was received on July 25, 2011. On August 10, 2011, the City was granted expedited review and was informed that 1t had met the Growth Management Act notice requirements under RCW 36. 70A.106. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 5ECTION 1. -Amendment. Section 15.04.170 of the Kent City Code 1s amended as follows: Sec. 15.04.170. Agricultural and residential zone development standards. Zoot11111 D1str1e1& SR-1 SR-J ~R 4 5 SR-6 W-R A-10 Res:1de i;;mgl~-'\mgle-'imgle "imgl1:_- Agnu1I nllal family Famlly Fnm11y •mml; tural Ap-rttul Re..:1de Re";•<le Rec:1de Rec;:~de tmal nu al nt1al t'Jll'll 11t1al Maximum I du1 I du!ac 1 61 4 <J 60< 8 71 density 10 .ac d11o;;h:1-c <fuc;'=-c dustac cfuslac dwell mg units per a<.re 10 l\L 14 700 Q600 7,600 5,700 4 (ll)(l M1rumum sqfi <q ft sq ft sq ft sq ft lo1 area (37) (37) (37) square feet or acres as noted Mm1mum 60 R 60 ft 5011 501\ <Oft 40ft lotw1dth Lill LJ1l ill! feel (41 MA}l.llnUlll 30"/o JO% 45% 45'?-o 500/o .i;c;11,, site (5) (<) (5) (<) cave..-age percent of ">lie M1mmum V.tfd r\:quueml!n (i;; foe1 f1on1 yard 20 fi l20n I 1oft j ioft I rnft I 10 ft MR-IJ MRM Mllr f)11pk"I( MR-rl2 \1R 116 MR-GLow Med mm MR-lllllgh Mot>11e Mult1fam1 Mult1famdy \1ultllamily Deno;;dy l>enc:1tv 1Jel1'uty Ffome Iv Rei;;r<lenl 1al Rec:1denhal Mull1 fannly Mull1tar111I; Mult1r;irmlv Parle Rt.s•dt-nt1 fownhou-..e ToVtnhouso Reo;1derrt1al Re ... 1dent1.1.I Rcc;1Jeritl(li r:o.-.,, .1 nmg '>1 Tlup '>I Dup MF ~I nu1> Mf. ~I Dl1p Ml '' Uup Ml SI llup Ml '" lox lex 1.~ lox lex K 7 Pl~ 12 12 16 160 16 J(, 21 21 ~o 40 I 9 0 0 0 dus/ac 0 0 0 0 0 0 c:lu~ du'i' du</ du<:' du~ du.J d111it cl1J.V '"'" d11'll chr>I .. ac .,, ac ac ac ac RC ac oc •< 40 800 oon 8 00 n non 8 00 g 500/3 oon R 0\1 8 5 non 8 00 8' non RUD 85 00 Osq e Osq OU' e Osq 500 sq e O"i.q 001 • 0 ... q OOf e l>\.ct II()/ sq f( ft 15 n n 111) fl on (35) <q fl (27) 25 80 ft 21 Mft RO 21 80 ft RO ft ft n ft n " 40111n -;.;; 1r1v n •I~ " <lf.r'o 1"l~c •, (<) ~. (5) . ~. l'l {1) (5) (') (<) (5) lrn l10ftj10 l10nl20 110 j1onl2011 4 n 2 5 ft '" II Ql)(I 011 00 "'1 sq •q fl fl ft U) (I) (2) 2< RO ft RO 25 g()fl 80 25 80 II RO ft fl n fl fl fl 55 40"/o ~5 SS MJ% 45 55 41l"o 50 111,~ (5) % .,, (5) .,, % (I) ~. (<) (5) (<) (22) Im l1onl20 Im l10nl20 ~w Amend Title 15 Zoning Zoolll@ D11ttricls '>R-1 ~R-l ~R4 I ~R-6 SR-8 MR-0 MR-M Mill' A-10 Rcr;uJe 5mgle-5n'!lle-Sml!lc-"-in_gle-Dtiplex MR-Tl2 MRTl6 MR.-GLnw Mod mm MR-II ll1gh Mnb1le \.'hllttfann Multtf:,.tml1' Mult1famtl)' rJen•ut?i Dett"'•tv Heme A;gnt.u) 11t1al 1'mmly ram1lv l a1;ul:, Tam1)y ly Rt..r,,1de1111e.I Rt.,.1dent1al Mult1ram1ly t>ensuv Mul11fanulv Pait hlral l\gncul Reside Reside Re,.1de Reo:;1de Re1;11dent1 lf)\.l,11hoOQ!: Townhouc:ie RCSl<lent1af Mul11ram1ly ~1dentral lu1nb1 lural nual n'llAI nt1al nhal Rec11dent1al al nm& (6) (6) (6) (6) (6) ((•) n (C•J ft (61 11 fl (6) ft (6) ft n (C,) f\ ft (6) I\ (8) (8) (8) (8) (6) (M) (6) (8) (6) (8) (6) (R) (6) (8) (6) (B) I~) ('l) jq) \Q) (~) \Q) (8\ jQ) I~\ (91 (8\ \'l) m (q) (BJ (Q) (Q) 19) (OJ (9) (0) (9) Side yard 15 ft !5ft 5R 8 ft 8 fl 8ft H 5 ft 51\ lfi (II) lfi 'I\ (II) 51\ I ft (II) lfl JI\ (II) 'fl I ft (II) (lA) (38) (18) (30) (lO) (10) 110) (301 (Jfl) ')1de ~ard 20ft 20ft 1011 !Oft !Oft !Oft IO 1n n 10 !Oft H 10 !Oft I' n fry !Oft 15 10 J!Jft 11 10 Ill ft 15 on ftanltng (<)) (9) (9) (91 tl (91 I\ (9) I\ ll (Q) ft (9) ft fl \9\ ft tl (9) ft street ofa (9) (9) (9) 1•) (9) ('l) oomerlllt Roar yard 20 ft IS ft Iii HI Ii IOft JO Ii s fl 81\ 'fl 8 fl 20 lfl R II 20 ft SI\ R ft 20 5ft g ft 20 Ht 8 fl 20 0 ft ft ft Addrt.,nal (121 (12) (321 (12) ( 141 {ll) 1111 (11) (l 1 t (JI) (14) (14) (II) ••lhllL~s'cb Cl't (12) [321 (II) 115) (11) P'l "l:lMLCS (12) (JI) (31) betv.-een (12) bmldmgo; SF Dup ~r Dup MF Sf Oup MF SF D,.i Ml ~I Oup Mf ~F Dtip MF le• "'" Joi< l•l< lex lex lle1glit 2 < 2 < 2' 21 2' 2' 21 21 21 2 l 2' 2 ~ ,:lryl 2' 2 s 1 2 I 2' 1 2' 2' 4 hmnB.1100 Sit)' .iivl .. .,,1 stryl .. ,,,1 stryl .. ,,, .;!ryl "I) strv1 •Irv <try st~I 1011 "ry !'A.rvl stry !'A.'J' "ltr,1 <II) <try 'ilr}f "IV '" i< n 31 tl 15ft 35 ft 35 ft 3-0fl I JS A I 11) fl n{) i 3011 I 3< tl / 40 I lln I ~o I l' ft /10 stol'les/not (16) 10 10 fl 10 10 n 10 It 10 ft tc exceed I\ ft n ft I\ fl ll\f.eet \fax1n11,1m 40.,.lv 40% lll"/o 60% 11.Yh, 7';% 7' 70% 71 70'h 70 7< 7()% 10~. 7' "100/o 7< 70% 71 70% 1mperv10us (19) (19) (23) (23) (23) (21) ·~ (19) .. (19) .. % (19) (19) .,, (IQ) ·~ (19) .. (19) o:::urfrn,e (19) {19) (l'l) (10) (19) ( '"' (19) pu1.,t..ntor tota~ pa,.-cel area. Zero lot The provmons 1n KCC IS 08 300, IS 08 310 15 08 320 and l S 08 33 0 shall apply hne .snd duo:;lenng (241 '1gn~ I he 1'gn r<gulol"'"" of<'h I< ~6 JI.('( 1ball awly Otf-<1-1 The off sl<eet parking re'l"ir<menls of( h 15 05 KCC shall npplv p'lrilng Lantlc..capm Theland'iCapmgrequ1remenls of(h 11 07 KCC shall ei•11I; g Mult1tamll (21) (21) (25 C2'l j2<) ytran11111on "'"' Mult1fanul (26) (26) (26) (26) (26) ydei;1gn re\1eu. /\dd1tmnal ~andards for c;pL1,.~fit. uses are umtamed in Che; I 'i OR and I) 09 l...l l Add1t1ona~ (201 (llo (33) (11) (33) (11) (l6) (16) (28) 128) (lo) (36) (36) (16) 06) {361 (36) Cl6) (36) (36) c;tandards (H) (16) (36) (16) (36) (29) (29) (J6) f)q) (JQ) ()9) (36) 134) (16) 37 For o:;uhd1\.1SKHIS and c;hon subd1\1s1011o; created after Mar~h 22 2007 or altered to wmply with nmmr and ~ubc.l1v1~1<m Lode a111endmoo1s eITecUH: atkr Mnn.h 22 2007 lhe Tllm~mum lot ,..n, '>hall k tlnec thousand (J 000) squ;1.re feet M1mmum lot wrdth <;hall be n"'asurcd b) r.;1,;1.lmy n thirt'I' {10) Rmt d1i1.111eter c1orcl~ v.1thm lhe 'rouridam .. s o( the lflt provided that '\..oa~ment areas may not be mcluded m ttie requi-rcd tl11rt.,. (JO) foot d~meter LITde I he lot frontagt.. along J>n\.ate or pubh\.. 5treels shall be a mm1mum t'r'Cl'tt} (20) foi,.l rn w1dtti Mm1mum dnvc::way scpn..-<1t1011 -.;hall bi... tt.n ( 10) fl::et ~hared dnvewa't'.S art> perm1Ued 18 ~utxb\.1'>1un.s .ond s_lg,rt :,qb:d1\.1s10ns crealed on 01 bi.!hn:.~.Na1ch 22_.. ~907 ma.) have_rm.tnfil!llil fi\-e ( llj}f!::!a.Ll:Ld~ iards rifty ('lO) percent of the lors w11hm sutxhv1i;1ons a.ncl ">hurt ~ubd1-.,.1s1pn11: t.ri::ated after Marl), 22 2007 or alti..r~d to WR'f'I) w•th 150nmg and ~pl:idr .. 1:;1011 ...ode arnendmt-nl-; effecllve afttT l\frlri:h 22 2007 ma-.,. hm.e n11mmum flve('ii) fool "iiKle "\'.&rds \Wien r.,pec1al hie·<;aJet., measwes are prov.led .. The c;um totai ol both <.1cle }Rrds tor Ille remauung llft} ('\O) perceni: of the loto:; slta\I be a mm1mum S!Xleen (16) feet.MY mdiy1du4J ;.isJe urd less lh!ll:l ewht U!)feel DY requ11e S!KLlu.I hie ;safen Dk.BSUtes SECTION 2. -Amendment. Section 15.04.190 of the Kent City Code is amended as follows: 5 Amend Title 15 Zoning Sec. 15.04.190. Commercial and industrial zone development standards. Zonmg DISlm to; ~('(. cc DC' DCE Ne1ghbom C'ommun1 T>owntow Dnwntov.. CM-I C:M-2 ood Iv n n Commercial Commen..1al C'on ... en1en C'omn1en. CommerL Commtrc Manufm ... hrn MAT111fact11n ce 111 1al ial D!:! l 010.,Lnd ng 2 D1srnc1 Comrnercm I nterpns ID1strn .. t ll1stm.t l}i~rtc.f e D1!rtnct Mm1mum JO()j)O IDOOO l 0()() l 000 IOOOO 10 O!ID Toi area sq ft Sq ft sq n •q ti (66) OQI\ •qft squarn leel (1)(66) or nvt..~ as noLed Maxmmm -40"4 looa.-1('11)% "'Cfl/a Woo Site QOvetage percent<>f site M..tnllllllm •ord requ1reme nto:; feet Front ;ard 1011 lift (Z) (1) ll ft JI ft Stele )Rrd (8) (9) 12) (31 (JO) (JO) "i1de )ard on flank mg street of corm .. r lot Rear yard 18) 2011 (2) Ill (IO) (19) Ynrdc; 1 rani::1t~ona I oond1l1{'11~ Add1ttonal ~etbRcko:; lle1gh1 2stl)135 ft J stry/ 40 1 ~rv/60 {3?) 2<ty;l15 ft 2$fry/J5 ft h1n1tm1on ft ft (10) (JO) '" (JO) (JI) <1t<meo:;/oot kJ i;..xt..eed 1n fet..t LandSl."!'I The l•11<hulpm)l, requuem.,,,ls l>f<'h IS 01 Kl l <mall appl~ ns Outdoor (19) (l'I) (40) (41) 140)(41) <1torape "'•}11"1 rhe t;:rgn regu lnt1011~ of Ch 11 06 KC(' shall •ppl; \ielucle (46) (4<•) (46) (46) dnve- through dnve-m end SelVICC bays Load"1g 1reas Off-street 1 he off-slreet parlm11g requirement"'i ot Ch 11 05 KC:(' shall "l'l>IY pmian_g 117) (<7) (57) (50) (36) (31) (31} {SO) (50) (16) ('O) (IOI (50) 1'6) (56) Addtt1onal (62) (56) (56) 156) standards (61) (67) (M) (M) Ml-( GC 0 MA Ml lnduc;tnal General Offic lndustnel rndt1~1n rark (.'omme~ e Agricultu al Vark ( ant:meft. 1al OJqn ral Dl"'>LllLI 111 D1stnct ct Ll1stnct D1stt1c..t Ill 000 sq 1000 I acre l acre JO 000 sq n lMJ o"'I ft ft 4"% lll% c;lJ)/o fJIJ'/a 61l% 201\ 2Hl 30 ft (l) (1) c•> (10) (JO) (II) (12) (JZ) 117) (17) (19)(2) (I'll (20) (2~) {21) (21) (2<>) 127) (29) (20) 128) 2 <[Ty/ 35 3 2 •l•y/ 35 2 stTyl 2 1;lry/ 3S JI '!try/ ft J5 ft fi (lOI 401\ (33) (34) (31) (JI) (12) [12) (40) (42) (41) (41) (60) (41') (47) (47) (48) (48) 1<11 (lH) (<A) (JI) (%) 1'0) ('01 (50) (36) (101 (56) ('ll (531 ('O) !'61 l''I) (<4) (<6) l'') C") (56) (16) 6 MZ Ml Lmttti.. Ger.era t.W\ AG d I Gatewav i'\gI'JCuhu l»du'\lltl lndustr• ('omme1'l. ... 1 al al ial Getler11! D1t::tru::t Dc;tnct D1str1ct Dtstm.! 20,000 l'i Ot10 10000 .. 11 I -.cro •q ft sq ft fl fr'iO.~ '1";~·~ 40"!. 6{'1'1~. (6) (7) lift (') ~ (I 1) (14) I ft (1 'I [12) II() (17) (18) Jlft (17) (2ll (21) l ft (211) (22) (24) (21) (21) (29) 2strv/ 2 ~•rvl 3 •Irv/ 40 2 -.tr)' J'i 11 n 31 n ft ft (JI) (J7) (JR) 135) (12) (44) (41) 1'91 (43) \51) (46) (61) (47) (47) (47)(48) (4'1) ('I) ('&) (17} (SH) ''OJ (10) ('0) (II) (14) (11) '"' 1111 (54) ('!•) (16) (II) (16) Amend Title J.5 Zoning 6 The mm1 mum front yard 9etback •hall be related IO tbe claH1fica11on of the adJacenl street Thos cla,..dicatmn shall be detormmed by the city transportaJ1on engmeer The set.hacks are as follows a Propenres fronlmg on artenals and collector sh'eets shall ha\e a minimum setback offmty (40) feet b Properties front mg on lac:al aru::"!i'!i i;treelc; shaJI have a nnrumum mback of th1rt)' (10) f(lef 7 1 he froot yard •hall be ten ( l 0) perce11t ol the lol depth Regardless of lot soze, the vard depth need not be more than thirty-live (lS) &et SECTION 3. -Amendment. Section 15.05.100 of the Kent City Code is amended as follows: Sec. 15.05.100. Off-street parking plans. A. Off-street parking plans shall be subject to review and approval by the planning department and city engineer or his/her designee. The planning department shall review plans for compliance with the requirements of this title. The city engineer shall review plans based upon the following criteria: 1. Safety and efficiency of interior circulation. 2. Safety of ingress and egress points. 3. Effects of access on public streets with regard to street capacity, congestion and delay. 4. Compliance with construction standards relating to stormwater runoff. B. All plans must be complete with the information as requested by the planning director. DIAGRAM 1. MINIMUM PARKING DESIGN STANDARDS A B c D E F Angle Stall Stall Curb Starting Depth to Width Depth Length Loss Wall (feet) (feet) (feet) (feet) (feet) 7 Gl G2 Aisle Width One-Two- Way Way (feet) (feet) H I J Depth Setback Gross to Inter-(feet) Stall lock (feet) Area (square feet} Amend Title l 5 Zoning 00 90 23 0 23.0 0.0 100 80 17 0 46 1 61 4 90 19 0 51 B 69 0 20° 80 17 0 23 4 36 6 9.0 19.0 26 3 411 30° 80 17 0 16 0 26 7 90 19 0 18 0 30 0 36 9° 80 17 0 13 3 22 1 90 19.0 15 0 24 8 40° 8.0 17.0 12 4 20.3 90 19 0 14 0 22 8 45° 80 17 0 11 3 17 7 90 19.0 12.7 19 8 50° 8.0 17.0 10 4 15 2 9.0 19 0 11 7 17.1 53 1° 80 17 0 10 0 13 8 90 19 0 11 3 15 5 60° 8.0 17 0 92 10 8 90 19 0 10 4 12 1 70° 80 17 0 BS 68 90 19 0 96 76 80° BO 17 0 8.1 5.0 90 19 0 9.1 50 goo 8.0 17 0 8.0 5.0 90 19 0 90 50 90 12.0 20.0 10 8 12 0 20 0 12 2 12 0 20 0 13.3 12 0 20 0 15 0 12.0 20 0 15.4 12 5 20 0 17 3 12 0 20 0 16 6 13 5 20 0 18 6 13.5 2.0 0 17 1 13.5 20.0 19 1 13 5 20 0 17 7 14 5 20 0 19.8 14 5 20.0 18.2 15 5 20 0 20 3 15.5 20 0 18 4 16 5 20 0 20 6 16 5 20 0 18.7 17 0 20.0 21.0 17 0 20 0 18 7 20 0 22 0 20 9 20 0 22 0 18 1 23 0 24 0 20 3 23 0 24 0 17.0 24 0 24 0 19 0 24 0 24 0 8 90 69 77 9.6 10 7 12 0 13 4 13 4 15 0 14 0 15 7 14 8 16 6 15.6 17 4 16 0 17 9 16 7 18.7 17 3 19 4 17 4 19 5 17 0 19 0 23.0 207 16 7 499 18 7 630 16 0 312 17 9 394 14 7 247 16 5 311 13 6 221 15.2 279 13.0 212 14 6 268 12 0 200 13 4 252 10 9 190 12 2 239 10 2 184 114 232 8.5 173 95 218 58 159 65 200 30 147 33 185 0.0 136 00 171 Amend Title 15 Zoning DIAGRAM 2 r--.. ·-+ -~=· ___., --.. --1 ' ,. ---.. -: --,1 mi.L,_~i-4 ~MN ' ' -I ,-~ '··--! ·~­' : -~- .J t • t ---------------- ' I ~~-..._.~..,-1 ' I --. SECTIQN 4. -Amendment. Section 15.08.020 of the Kent City Code 1s amended as follows: Sec. 15.08.020. Special permit uses. The following uses are permitted in the several districts in which they are listed as special permit uses provided that they conform to the development standards listed in this section in addition to conforming to the development standards of the zoning district in which the use 1s located: A. Churches (excluding dnve-m churches, which are conditional uses). 1. Mmrmum lot area. Minimum lot area is one (1) acre 1n SR zones; in other zoning districts 1t shall be the minimum lot area of the underlying district. 2. Front yard. There shall be a front yard of at least twenty (20) feet in depth. 9 Amend Title 15 Zoning 3. Side yard. Each side yard shall be a minimum of fifteen (15) feet in width. 4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth. 5. Ingress and egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off pubhc streets. 6. Landscapmg. All yard areas must be landscaped. 7. Day-care centers. Day-care centers in churches must also previde the reeiuired play area as 13re·1ided 1n subsection (B) of this section shall comply with State regulations m WAC 388-148-1275. 8. Parkmg; signs. Off-street parking and sign regulations shall be observed. SECTION 5. -Amendment. Section 15.08.040 of the Kent City Code 1s amended as follows: Sec. 15.08.040. Home occupations. A. Purpose. It 1s the purpose of this section to outline general conditions in which home occupations may be permitted in all zoning districts. These conditions have been designed to help preserve the residential character of the city's neighborhoods from commercial encroachment while recognizing that certain selected business act1vit1es are compatible with res1dent1al uses. B. Home occupations permitted. Home occupations which meet the requirements of this section are permitted m every zone where a dwelling unit was lawfully established. The requirements of this section shall not apply to the following home occupations: 1. Home child care. 2. The sale of agricultural products produced on the premises. 10 Amend Title 1.5 Zoning C. Development standards. All dwelling units in which a home occupation is located must meet the following mm1mum development standards: 1. The res1dent1al character of the exterior of the building shall be maintained. 2. The outdoor storage or display of materials, goods, products, or equipment 1s proh1b1ted. 3. A home occupation shall not occupy more than three hundred (300) square feet. 4. The sign regulations of Ch. 15.06 KCC shall apply. D. Performance standards. All home occupations must meet the following minimum performance standards: 1. Employees. A home occupation may not employ on the premises more than one (1) person who is not a resident of the dwelling unit. 2. Traffic. The traffic generated by a home occupation shall be limited to four ( 4) two (2) way client-related tnps per day and shall not create a need for additional ons1te or offs1te parking spaces. 3. Sale of goods and services. The sale of goods and services from a home occupation shall be to one (1) customer at a time, by appomtment only, between the hours of 7.00 a.m. and 7:00 p.m., Monday through Saturday only. 4. Electnca/ or mechamca/ eqwpment usage. The use of electrical or mechanical equipment that would change the fire rating of the structure or create visual or audible mterference m radio or television receivers or electronic equipment or cause fluctuations m line voltage outside the dwellmg unit is prohibited. 5. Utl/1ty demand. Utility demand for sewer, water, electricity, garbage, or natural gas shall not exceed normal residential levels. 6. Other cntena. There shall be no noise, v1brat1on, smoke, dust, odors, heat, glare, or other cond1t1ons produced as a result of the home occupation which would exceed that normally produced by a 11 Amend Title 15 Zoning single residence, or which would create a disturbing or objectionable condition 1n the neighborhood. E. Permit reqwred. A zoning permit is required as provided in KCC 15.09.020. I F. Special home occupation permits. A special home occupation permit shall be required for the following home occupatmns: 1. Music lessons-; 1f more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08.040(C) and (D). I 2. Dance lessons-; 1f more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08.040(C) and (D). I 3. Art lessons-: 1f more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08.040(Cl and (0). 4. Academic tutoring-; if more than one student at a time or otherwise not compliant with the development and performance standards of KCC 15.08 040(C) and (D). 5. Automobile detailing. A special home occupation permit may only be issued as follows: 1. Application. Applications for a special home occupatmn permit under this subsection shall be subject to the procedures and requirements of Chs. 2.32 and 12.01 .KCC. The appl1cat1on fee for a special home occupation permit shall be the same as for admm1strat1ve variances unless otherwise established by city council resolution. 2. Cnterra for approval. In conducting a hearing on an application for a special home occupation permit, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. A special home occupation permit may only be approved 12 Amend Title 15 zoning by the hearing examiner if the hearing examiner finds that such permit will not be materially detrimental to the public welfare or Injurious to the property in the zone or v1c1rnty in which the property 1s located, and that the issuance of such special home occupation permit will be consistent with the sp1nt and purpose of this section and subject to the applicable prov1s1ons of Ch. 12.01 KCC. 3. Condtt10ns of approval. In approving a special home occupation permit, the hearing examiner may impose such reqwrements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in add1t1on to those expressly set forth in this section, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. 4. Issuance. Any special home occupation permit application approved by the hearing examiner shall be forwarded to the planning department for issuance. 5. Appeal of dectston. The dec1s1on of the hearing examiner on a special home occupation permit application shall be final. Any appeal of the heanng examiner's decision shall be pursuant to the appeal prov1s1ons of Ch. 12.01 KCC. G. Home occupat10ns proh1b1ted. 1. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the l1m1ts permitted for home occupations and impair the use and value of zoning districts where dwelling units are lawfully established. Therefore, the uses listed below shall not be permitted as home occupations: a. Repair, body repair, building, or servicing of vehicles. 2. Home occupations prohibited by subsection (G)(l) of this section and which were operated lawfully in the city of Kent in compliance 13 Amend Title 15 Zoning with the provision of this chapter as of the date of passage may continue to operate until October 18, 2004, after which date no prohibited home occupations may lawfully operate in the city of Kent. SECTION 6. -Amendment. Section 15.08.050 of the Kent City Code 1s amended as follows: Sec. 15.08.050. Performance standards. A. Performance standards defined. Performance standards deal with the operational aspects of land uses. While performance standards shall apply to all land uses within the city, they are pnmanly concerned with the impact of industrial development upon the environment. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building 1n any district shall be used or occupied in any manner so as to create any dangerous, inJunous, noxious or otherwise obJect1onable conditmn. The following elements, if created, may become dangerous, in]unous, noxious or otherwise ob1ect1onable under the circumstances, and are then referred to as dangerous or ob1ect1onable elements: 1. Noise, v1brat1on or glare. 2. Smoke, dust, odor or other form of air pollution. 3. Heat, cold or dampness. 4. Hazardous substances and wastes. B. Nonconforming uses. Uses established before the effective date of this title and nonconforming as to performance standards shall be given three (3) years in which to conform therewith. C. Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and obJect1onable elements shall be made at the location of the 14 Amend Title 15 Zoning use creating the dangerous or objectionable elements and at any points where the existence of such elements may be more apparent (referred to in the section as "at any point"); provided, however, that the measurement of performance standards for noise, vibration, odors, glare or hazardous substances or wastes shall be taken at the following points of measurement: 1. In all districts: At the property lines or lot lines; or 2. In all d1stncts · At the buffer zone setback line for any hazardous substance land use facility, which must be at least fifty (50) feet from any property line. D. Restrictions on dangerous and objectionable elements. 1. Ne.·se. At tile 13oints of measurement s13ec1f1ed ifl subseetiofl (C) ef tf11s section, tf'lc maximum sound pressure level radiated in eacf'l standard octa·1e band by any use or facility, other than transportation facilities or teFF119orar; construction worlc, shall not exceed the values for octave bands lying ·,•11thm tf'le several frequency l1m1ts given m Table I after a1919ly1ng the corrections shown m Table II. Tf'le sound 13ressure lc·1el shall be measured with a sound level meter and associated octa·vc baFld aF1al·;zer conforming to staF1dards prescribed by tf'le Americafl StaF1dards Assoc1atioF1. (Amer1eaF1 Standard Sounel Le¥el Meters for Measureffleflt of Noise and Other Sounds, Z24.3 1944, Affler1ean Standard Spec1f1cat1on for an Octa•1c Band Filter Set for the Analysis of Noise anel Other Sounds, Z24.10 1953, or the latest approved rev1s1on thereof, American Standards Association, Inc., New York, N.Y., shall be used.) TABLE I. SOUND PRESSURE LEVELS rn DECIBELS Octave BaFld (cycles per Maximum Permitted Sound Pressure 15 Amend Title 15 Zoning second) Level (decibels) 20 75 75 75 150 -7-9 150 300 64 300 600 59 600 1,200 53 1,200 2,400 4-7 2,400 4,800 4G 4,800 101<;6 :34 TABLE II. CORRECTION IN P4AXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS TO BE APPLIED TO TABLE I Tyl'e ef o.,eratlon or Ghar11eter ef Neise Noise source operates less than twenty (20) percent of any one (1) l:leur penod Eorrection Beeihels Plus 5* Neise source operates less thafl five (5) percent of any Plus 10* one ( 1) hour period Noise source operates less than one (1) percent of any Plus 15* one (1) hour period Ne1se of 1mpuls1~·e character (~ammermg, etc.) Noise of periodic character (hum, screech, etc.) *Apply enc (1) of these corrections only. 16 Mmus 5 Minus 5 Amend Title 15 Zoning lr. Vibrat;on. No vibration shall be permitted which is discernible without instruments at the pomts of measurement specified m this section. 2_3. Odors. No emission shall be permitted of odorous gases or other odorous matter m such quant1t1es so as to exceed the odor threshold at the following points of measurement The odor threshold shall be defined as the concentration m the air of a gas or vapor which will just evoke a response in the human olfactory system. a. Industnal park d1stnct, M1. Odorous matter released from any operation or act1v1ty shall not exceed the odor threshold beyond lot Imes. b. Limited industrial district, M2. Odorous matter released from any operation or act1v1ty shall not exceed the odor threshold beyond lot lines. c. General mdustnal district, M3. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond the district boundary or five hundred (500) feet from the lot line, whichever distance 1s shortest. J4 Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or weldmg or otherwise, so as to be v1s1ble at the points of measurement spec1f1ed in subsection (C) of this section shall be permitted. This restriction shall not apply to signs or floodl1ghtmg of buildings for advert1s1ng or protection otherwise permitted by the prov1s1ons of this title. 1;5. Rad10activ1ty or electrical disturbance. The regulations of the federal occupatmnal safety and health standards shall apply for all radioact1v1ty and electrical disturbance unless local codes and ordinances supersede this federal regulation. 17 Amend Title 15 Zoning 5,6-. Fire and explos10n hazards. The relevant provisions of federal, state and local laws and regulatmns shall apply. §.7. Smoker fly ash, dustr fumes, vapors, gases and other forms of air pollutt0n. The standards of the Puget Sound Air Pollution Control Agency, Regulation I, or those regulations as may be subsequently amended, shall apply. 18. Uqwd or solid wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except m compliance with state and federal regulations and Ch. 7.14 KCC. 8.9-. Hazardous substances or wastes. No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes 1n sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point mto any public sewer, private sewage disposal system, watercourse or water body, or the ground, except m compliance with state and federal regulations and Ch. 7.14 KCC. The relevant prov1s1ons of federal, state and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under this title. The followmg site development standards shall apply: a. Hazardous waste fac1llt1es shall meet the location standards for s1t1ng dangerous waste management fac1llt1es adopted pursuant to Chapter 70.105 RCW; b. Hazardous substance land use facilities shall be located at least: 18 Amend Title 15 Zoning (1) Two hundred (200) feet from unstable soils or slopes which are delmeated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(8); (2) Two hundred (200) feet from the ordinary high- water mark of major or minor streams or lakes which are delineated on the hazard area development hm1tat1ons map or as may be more precisely determined per KCC 15.08.224(8), shorelines of statewide significance, or shorelines of the state; (3) One-quarter (1/4) mile from public parks, public recreation areas, or natural preserves, or state or federal wildlife refuges; provided, that for purposes of this section public recreation areas do not include public trails; (4) Fifty (50) feet from any property line to serve as an onsite hazardous substance land use facility buffer zone; (5) Five hundred (500) feet and one hundred (100) feet from a res1dent1al zone and a residential umt respectively; and (6) Five hundred (500) feet from a public gathering place or agricultural land or zone, m the case of a nonagricultural hazardous substance land use facility; c. Hazardous substance land use fac1l1ties shall not be located in a one hundred (100) year floodplain; d. Hazardous substance land use facilities which are not entirely enclosed w1thm a bu1ldmg shall provide a type I solid screen landscaping of a width of at least ten (10) feet m the 19 Amend Title 15 Zoning hazardous substance facility buffer zone required by subsection (9){b)(4) of this section; e. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances or wastes in the event of an accidental release from the facility, and shall meet federal, state and local design and construction requirements; f. Underground hazardous substance land use facilities shall meet federal, state, and local design and construction requirements; g. Hazardous substance land uses shall comply with adopted fire codes; h. Hazardous substance land uses shall provide for review and approval by the city fire department of a hazardous substance spill contingency plan for 1mmed1ate implementation in the event of a release of hazardous substances or wastes at the facility; i. Hazardous substance land uses should use traffic routes which do not go through residential zones; j. Hazardous substance land uses in the o, NCC, CC, and DC zones shall be entirely enclosed within a building; and k. Without limiting the appl1cat1on of the adopted fire codes to diesel fuel tanks, above and below ground diesel fuel storage tanks exclusively intended for use on stationary, ons1te, oil burning equipment (such as electrical power generator systems) in all nonres1dent1al zoning districts shall be exempt from the hazardous substance regulations of this section, and above and below ground diesel fuel tanks of up to six thousand (6,000) gallons intended exclusively for use on stationary, ons1te, oil burning equipment (such as electrical 20 Amend Title 15 Zoning power generator systems) in residential zones shall be exempt from the hazardous substance regulatmns of this section for essential governmental fac1lit1es only. The hazardous substance zoning code regulations, mcludmg the ex1stmg five hundred (500) gallon limit for hazardous substances for residential uses, shall otherwise remain in force and effect. Additionally, all above ground diesel fuel tanks over five hundred (500) gallons exempted by this subsection are required to have a five (5) foot minimum landscape buffer surrounding the tank to buffer the visual impacts of these tanks. Moreover, the planning director shall have the d1scret1on to increase or modify this landscape buffer requirement depending upon the specific circumstances posed by any particular tank location. In case of conflict between any of these site development standards and the development standards of specific zoning districts or other requirements of this title, the more restnct1ve requirement shall apply. SECTION 7. -Amendment. Section 15.08.100 of the Kent City Code 1s amended as follows: Sec. 15.08.100. Nonconforming development. A. Purpose. The mtent and purpose of this section 1s to: 1. Ensure reasonable opportunity for use of legally created lots which do not meet current minimum requirements for the d1stnct in which they are located. 2. Ensure reasonable opportunity for use, maintenance, and improvement of legally constructed buildings, structures, and site development features which do not comply with current minimum requirements for the d1stnct m which they are located. 21 Amend Title 15 Zoning 3. Ensure reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the district m which they are located. 4. Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on conforming uses. 5. Encourage the eventual upgrading of nonconforming buildings, structures, and site development features which do not comply with current minimum requirements for the district in which they are located. B. Appl1cab1lity. Nonconforming uses, structures, lots, or signs are not favored by law and this title, and it 1s to avoid inJustice that this title accepts such elements. To benefit from the protection given to nonconforming development, such use, structure, or sign must have been lawfully established pursuant to a county resolution in effect at the time of annexation which rendered rt nonconforming, or 1t must have been lawfully established prior to the effective date of this chapter or subsequent amendments thereto, or lawfully established prior to the purchase or condemnation of nght-of-way by the city of Kent. This section distinguishes between and defines nonconforming uses, major nonconforming buildings and structures, mmor nonconforming buildings and structures, nonconforming lots of record and nonconforming signs. Different requirements are made applicable to each of these categories. The degree of restriction made applicable to each separate category 1s dependent upon the degree to which that category of nonconformance is a nuisance or 1ncompat1ble with the purpose and requirements of this title. C. Nonconforming uses. 1. Applicability of restrictions. Regulations applicable to nonconforming uses are in add1t1on to regulations applicable to nonconforming structures, lots, and signs, and in the event of any conflict the most restrictive provisions shall apply. 22 Amend Title 15 Zoning 2. Expansion of nonconforming uses. No existing building, structure, or land devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified, or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure, or land 1s located except as follows: When authorized by cond1t1onal use permit, a nonconforming use may be expanded, enlarged, extended, reconstructed, intensified, or structurally altered. 3. Change of nonconforming use. When authorized by the planning manager, a nonconforming use may be changed to a use of a like or more restrictive nature. 4. Extension of nonconforming use. When authorized by the planning manager, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no structural alterations except those required by law are made therein. 5. Discontinuance of nonconforming use. When a nonconforming use of land or a nonconforming use of all or part of a structure 1s discontinued or abandoned for a period of six (6) months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the six (6) month period of discontinuance. 6. Reversion to nonconforming use. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed. 7. Residential exception to nonconforming use status. Legally established residential uses located in any res1dent1al zoning district 23 Amend Title 15 Zoning shall not be deemed nonconforming in terms of density provisions and shall be a legal use. 8. Exception for certain drive-through banking facilities. Legally established bank buildings with drive-through fac1ht1es in the downtown commercial zoning district that existed prior to August 9, 1992, shall not be nonconforming; however, these drive-through facilities may not be expanded beyond that which existed on August 9, 1992, when the city proh1b1ted bank drive-through fac1ht1es in DC zones. D. Nonconforming buildings and structures. 1. Apphcabil1ty of restrictions. Regulations applicable to nonconforming structures are m addition to regulatmns applicable to nonconforming uses, lots, and signs, and in the event of any conflict the most restrictive provisions shall apply. 2. MaJor nonconforming buildings and structures. Except as allowed in 15.04.030(6). Nno maJor nonconforming structure may be expanded, enlarged, extended, reconstructed, or structurally altered or changed, nor may any major nonconforming building, structure, or lot be occupied after discontinuance of change m use, unless the structure, use, and associated grounds and development are brought into compliance with use and minimum development standards of the district in which such structure 1s located, except as follows: a. Any major nonconforming structure damaged by fire, flood, explosion, wmd, earthquake, war, not, or other natural disaster, may be restored, reconstructed, and used as before; provided, that the work be vested by permit application within one (1) year of such happening; any restoration or reconstruction not vested by permit applicatron wrthin twelve 24 Amend Title 15 Zoning - {12) months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored. b. Such repairs and maintenance work as required to keep the structure in sound cond1t1on may be made to a major nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning manager. 3. Minor nonconforming buildings and structures. No minor nonconforming structure may be expanded, enlarged, extended, reconstructed or otherwise structurally altered or changed, nor may any minor nonconforming building, structure, or lot be occupied after discontinuance or change in use, unless the structure and associated grounds and development are brought into compliance with the minimum development standards of the district in which such structure 1s located, except as follows: a. Any minor nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, not, or other natural disaster, may be restored, reconstructed and used as before; provided, that the work be vested by permit application be completed within one (1) year of such happening; any restoration or reconstruction vested by permit application twelve ( 12) months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored. b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a minor nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning manager. 25 Amend Title 15 Zoning 4. Planning manager's authority. The planning manager may waive specific development standard requirements or impose additional requirements when all the following criteria are met: a. When owing to special circumstances a literal enforcement of the provisions of this title or other land use regulatory ordinances of the city will result 1n unnecessary hardship. b. When the waiver of development requirements is in harmony with the purpose and intent of city ordinances and the comprehensive plan. c. When the proposed use, building, and development will function without adverse impact upon adJacent property, development in the area or the city as a whole. d. When a cond1t1onal use permit is not required. E. Nonconforming lots. 1. Appllcab1llty of restrictions. Regulations applicable to nonconforming lots are in add1t1on to the regulations applicable to nonconforming uses, structures, and signs, and, in the event of conflict, the most restnct1ve prov1s1ons shall apply. 2. Nonconforming lots of record. a. Res1dent1al districts. (1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of June 20, 1973, notwithstanding l1m1tat1ons imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This prov1s1on shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district; provided, that yard 26 Amend Title 15 Zoning dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot 1s located. (2) In all single-family zoning districts, with the exception of the SR-8 zoning district, if two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to June 20, 1973, and 1f all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an und1v1ded parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which d1mm1shes compliance with lot width and area requirements established by this title, nor shall any d1v1s1on of any parcel be made which creates a lot with width or area below the requirements stated in this title. (3) In the SR-8 zoning district, if two (2) or more smgle-fam1ly zoned lots or combination of lots and portions of lots with continuous frontage in single ownership are of record prior to June 20, 1973, and if all or part of the lots do not meet the following minimum requirements established for lot width, lot area, and topography, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold m a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any d1v1s1on of any parcel be made which 27 Amend Title 15 Zoning creates a lot with width or area below the requirements stated m this title. (a) Minimum lot area: Four thousand six hundred ( 4,600) square feet. (b) Mm1mum lot width: Forty ( 40) feet. (c) Maximum site slope: Fifteen (15) percent. (4) In any district m which duplex dwellings are permitted, a duplex dwelling and customary accessory buildings may be erected on any single lot of record as of June 20, 1973, with a mm1mum area of seven thousand two hundred (7,200) square feet, notwithstanding llm1tat1ons imposed by other prov1s1ons of this title. Such lot must be in separate ownership and not of continuous frontage with other lots m the same ownership. This prov1smn shall apply even though such lot fails to meet the requirements for area or width that are generally applicable 1n the district; provided, that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the d1stnct m which such lot 1s located. b. Other districts. In any other district, permitted buildmg and structures may be constructed on a nonconforming lot of record, provided site coverage, yard, landscaping, and off- street parkmg requirements are met. Such lots must be in separate ownership and not of continuous frontage with other lots m the same ownership prior to June 20, 1973, and 1f all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an und1v1ded parcel for the purposes of this 28 Amend Title 15 Zoning title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements es ablished by this title, nor shall any division of any parcel be: riade which creates a lot with width or area below the requirements stated 1n this title. F. Nonconforming signs. 1. Appllcab1llty of restrictions. Regulations applicable to nonconforming signs are in addition to regulations applicable to nonconforming uses, structures, and lots, and in the event of conflict the most restrictive provisions shall apply. 2. Continuation of nonconforming signs. a. Signs that were legally existing as of the effective date of this title or subsequent amendments thereto that do not conform to the regulations of this title shall be considered nonconforming signs. Nonconforming signs may not be moved, relocated, altered, or added to without receiving approval from the planning services office. b. No sign permit shall be issued to allow legal signs on property having an illegal or nonconforming sign until such time as the nonconforming or illegal sign is modified to conform to this title. 3. Amort1zat1on period. a. Abandoned signs. Abandoned signs must be removed within ninety (90) days. b. Number and type of signs. The number and type of allowable signs for each occupancy must conform to the regulations of this title. SECTION 8. -Amendment. Section 15.08 160 of the Kent City Code 1s amended as follows: 29 Amend Title 15 Zoning Sec. 15.08.160. Accessory buildings. A. An accessory building can be located anywhere on a lot if 1t conforms with the setbacks required by this title for a principal bu1ld1ng. In the rear one-half (1/2) of a lot the accessory building can be built to w1thm two (2) feet of the side and rear lot lines, except when attached to a principal building, in which case 1t must have the same setbacks as the main building. Garages or carports are limited to one thousand (1.000) sguare feet in area where motor vehicles used by the tenants of the buildings on the premises are stored or kept. B. Guesthouse accessory buildings shall be located on the rear half of the building site. There shall be not more than one (1) guesthouse on any one (1) building site, which, together with other accessory buildings, shall not exceed thirty (30) percent of the area of the rear yard on which 1t 1s built. No kitchen or cooking fac1l1t1es shall be permitted in any guesthouse. SECTION 9. -Amendment. Section 15.08.205 of the Kent City Code is amended as follows: Sec. 15.08.205. Temporary use regulations. This section shall be known as the temporary use regulations. Prov1s1ons authorizing temporary uses are intended to permit occasional temporary uses, act1v1ties and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses. A. Permitted uses. The following types of temporary uses, act1v1ties and associated structures may be authorized, subJeCt to spec1f1c l1m1tat1ons in this section and such additional conditions as may be established by the planning director: 1. Model homes or apartments and related real estate sales and display act1vit1es located w1thm the subd1v1sion or residential development to which they pertain. 30 Amend Title 15 Zoning 2. Contractor's office, storage yard and equipment parking and servicing on the site of an active construction proJect. 3. Circuses, carnivals, rodeos, fairs or s1m1lar transient amusement or recreatronal act1v1t1es. 4. Indoor or outdoor art and craft shows and exhibits. 5. Christmas tree sales lots, fireworks and flower stands, limited to location on lots not used for res1dent1al purposes 1n commercial or industrial zoning districts. 6. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project. 7. Mobile home res1dent1al units used for occupancy of security personnel when not otherwise allowed as an accessory use. 8. Indoor or outdoor special sales, including swap meets, flea markets, parking lot sales, warehouse sales or s1m1lar act1v1t1es, limited to locations on lots not used for res1dent1al purposes in commercial or industrial districts, and when operated not more than ten (10) days in the same month, unless otherwise permitted by the city. 9. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located m districts where the use 1s a permitted use. 10. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning drstncts only. 11. Temporary signs relating directly to the temporary uses described in this section, which may be permitted for a period not to exceed the operation of the use. The signs may be portable in nature and must be placed on the premises. No off-premises signs are permitted. No more than two (2) signs per use shall be permitted and no sign shall exceed a thirty-two (32) square feet 31 Amend Title 15 Zoning total of all faces. Maximum sign height shall be eight (8) feet. No sign permit shall be required. 12. Garage sales, moving sales and similar activities for the sale of personal belongings when operated not more than three (3) days in the same week or more than twice in the same calendar year. No permit is required. 13. Fund-raising carwashes. No permit is required. however. a car wash kit from Public Works Operations 1s regu1red. 14. The planning director may authorize additional temporary uses not listed in this subsection when 1t 1s found that the proposed uses are rn compliance with the requirements and findings of subsection (C) of this section. B. Cond1t1ons of temporary use. 1. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use. 2. A temporary use conducted in a parking facility shall not occupy or remove from ava1lab1hty more than twenty-frve (25) percent of the spaces required for the permanent use, except m the downtown commercial (DC-1) zoning district or as approved by the city council. 3. Each site occupied by a temporary use must provide or have available suffrcrent off-street parking and vehicular maneuvering area for customers. Such parkrng need not comply with the development requirements of Ch. 15.05 KCC, but must provide safe and efficient interior c1rculatron and ingress and egress from the public nght-of-way. 4. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless spec1f1cally approved by the city council. 32 Amend Title 15 Zoning 5. No temporary use shall occupy a site or operate within the city for more than ninety (90) days within any calendar year, except as follows: a. When authorized by the planning director, a temporary use may operate an add1t1onal ninety (90) days 1f it 1s found that such an extension will be consistent with the requirements of subsection (C) of this section. b. When authorized by the hearing examiner, a temporary use may operate an add1t1onal one (1) year if it is found that such an extension will be consistent with the requirements of subsection (C) of this section. 6. All signs shall comply with the requirements of Ch. 15.06 KCC, pertaining to sign regulations, except as otherwise spec1f1ed in this section. 7. All temporary uses shall obtain, prior to occupancy of the site or culmination of act1vit1es, all required city permits, licenses or other approvals, e.g., business license, building permit, zoning permit, etc. 8. The planning director may establish such additional conditions as may be deemed necessary to ensure land use compat1b1lrty and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulat1on, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use. C. Determinations. The planning director may authorize the temporary uses descnbed in subsection (A) of this section after consultation and coordination with all other applicable city departments and other agencies and only when the following determinations can be made: 33 Amend Title 15 Zoning 1. The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site. 2. The temporary use will be compatible with uses in the general v1cm1ty and on adJacent properties. 3. The temporary use will not impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activ1t1es in the v1cm1ty. 4. The use and associated structures and living quarters will be conducted and used m a manner compatible with the surrounding area. 5. The temporary use shall comply with all applicable standards of the Seattle King County health department. D. Application and authorization. 1. Application to conduct a temporary use shall be made to the planning department, and shall include such information as the planning director may require to evaluate the use and to make the determinations required by this section. 2. Applicatmn shall be made prior to the requested date for commencement of the temporary use, and the planning director shall make a determination whether to approve, approve conditionally or deny the temporary use within ten (10) days after the date of appl1cat1on. 3. Authorization of a temporary use shall be by issuance of a zoning permit. 4. A temporary use authorized pursuant to this section shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where spec1f1cally noted. 34 Amend Title 15 Zoning SECTION 10. -Amendment. Section 15.08 205 of the Kent City Code is amended as follows: Sec. 15.09.055. Zoning of annexed lands. A. Purpose. It 1s the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with city goals, policies and plans. B. Determination of planning director. Whenever the council shall determine that the best interest and general welfare of the city would be served by annexing terntory, the planning director will cause an examination to be made of the comprehensive plan of the city. If the city council determines that the comprehensive plan 1s not current for the area of the proposed annexation, the planning director will cause an appl1cat1on to be made to the land use and planning board for an update of the comprehensive plan. In addition, the planning director will cause an application to be filed with the land use and planning board for an in1t1al zoning recommendation. C. Recommendation of the land use and planning board. 1. Comprehensive plan. Upon application by the planning director, the land use and planning board shall hold at least one (1) open record public hearing to consider the comprehensive plan for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners m the area to be annexed and given by publication m a newspaper of general c1rculat1on in the city and 1n the area to be annexed at least ten (10) calendar days prior to the hearing. Upon completion of the hearing, the land use and planning board shall transmrt a copy of its recommendations for the comprehensive plan to the council for its cons1derat1on. 35 Amend Title lS Zoning 2. Initial zoning. In addition, the land use and planning board shall hold at least one (1) open record public hearing to consider the mit1al zornng for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publ1cat1on in a newspaper of general c1rculat1on in the city and m the area to be annexed at least ten (10) calendar days prior to the heanng. D. City council action. 1. Comprehensive plan. Within sixty (60) calendar days of the receipt of the recommendation from the land use and planning board for the comprehensive plan for the area of the proposed annexation, the city council shall consider the comprehensive plan at a public meeting. The council may approve or disapprove the comprehensive plan as submitted, modify and approve as mod1f1ed, or refer the comprehensive plan back to the land use and planning board for further proceedings. If the matter is referred to the land use and planrnng board, the council shall specify the time w1th1n which the land use and planning board shall report back to the council with findings and recommendations on the matters referred to it. An affirmative vote of not less than a maJonty of the total members of the council shall be required for approval. Adm1mstrat1ve iflterpretat1eF1s are subject te tt1e requireffieflt9 ef Precess I apphcat1ons. 2. Irnt1al zoning. Upon receipt of the recommendations of the land use and planning board for the 1rnt1al zoning of the area of the proposed annexation, the council shall hold two (2) or more public hearings at least thirty (30) calendar days apart Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation m the city and m the area to be annexed at least ten (10) calendar days pnor to the hearing. The 36 Amend Title 15 Zoning ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the city. The city clerk shall file a certified copy of the ordinance and any accompanying maps or plats with the county auditor. SECTION 11. -Savings. The existing portions of Title 15 of the Kent City Code which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 12. -Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconst1tut1onal or invalid, such dec1s1on shall not affect the val1d1ty of the remammg portion of this ordinance and the same shall remain 1n full force and effect. SECTION 13. -Correctmns by City Clerk or Code ReVlser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbermg. SECTION 14. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ATTEST: ...:::.- --- ---- 37 --<:,_ ------,< Amend Title 15 Zoning APPROVED AS TO FORM: TdWuiK~~~ PASSED: APPROVED: PUB LI SH ED: ~ 3 day of ~"-=-~'--=--"--'----=--..:..-- I hereby certify that this is a true copy of Ordinance No. J-/ 00:3 passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P\C1v11\0rd1nancefft11e-15 A.menc:imerrt.s docx -----,,.. .. -, ·~ - -... _. ~-... 38 Amend Title 15 Zoning