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business operations or strategies that make existing codes outdated, and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:
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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:
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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
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38 Amend Title 15
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