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HomeMy WebLinkAbout4174AN ORDINANCE of the City Council of the City of Kent, Washington, amending portions of Chapters 15.02, 15.04 and 15.08 of the Kent City Code, pertaining to accessory structures, including accessory dwelling units; and implementing incidental amendments to resolve inconsistencies, ambiguities and redundancies within the current city code. (DKT 2014-1). RECITALS A. Pursuant to RCW 36.70A.470, the Growth Management Act (GMA) requires that the City establish a docketing process as a means for the public to suggest changes or identify deficiencies in City plans and regulations. The docketing process is set forth in Section 12.02.025 of the Kent City Code (KCC). B. On August 26, 2014, a docket item was submitted to the .City, requesting a change in how square footage is calculated for accessory dwelling units built on other accessory structures. This was designated Docket 2014-1. Staff recommended that his docket item be included in the 2015 work program for the Economic and Community Development Department. 1 Ordinance Amending KCC 15.02, 15.04 and 15.08 C. On November 10, 2014, the Economic and Community Development Committee passed a motion accepting the staff recommendation to approve the 2014 Annual Docket Report as presented. D. On November 18, 2014, the City Council authorized the Mayor to accept the Economic and Community Development Committee recommendations on the 2014 Annual Docket Report. E. An accessory dwelling unit (ADU) is defined as: "a habitable dwelling unit added to, created within, or detached from and on the same lot with a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation." KCC 15.02.003. F. Accessory dwelling units increase the supply of affordable rental units through better use of existing single-family housing stock, and provide for more flexible housing options. G. On )une 8, 2015, staff presented options for the work plan for Docket 2014-1 to the Economic and Community Development Committee. The Committee requested that staff pursue several related issues, including how to regulate other accessory buildings and manage bulk. H. Staff presented information regarding Docket 2014-1 to the Land Use and Planning Board ("LUPB") at a special workshop meeting on August 24, 2015. I. On August 18, 2015, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City's proposed amendments. The Washington State Department of Commerce granted the request for expedited review on September 3, 2015. No comments were received from State agencies. 2 Ordinance Amending KCC 15.02, 15.04 and .15.08 J. On October 2, 2015, the City conducted and completed environmental review under the State Environmental POlicy Act (SEPA). K. On October 26, 2015, after holding a public hearing, the LUPB made its recommendations regarding the proposed code amendments required to implement the policies contained in Docket 2014-1 to the City Council. L. The Economic and Community Development Committee considered the recommendations of the LUPB at its regularly -scheduled meeting on November 9, 2015, and recommended to the full City Council passage of the proposed code amendments. M. At its regularly scheduled meeting on November 17, 2015, the City Council voted to adopt the amendments to portions of Chapters 15.02, 15.04 and 15.08 of the Kent City Code, pertaining to accessory structures, including accessory dwelling units, along with incidental amendments to resolve inconsistencies, ambiguities and redundancies within the current city code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION Z. -Amendment. Code is hereby amended as follows: Section 15.02.003 of the Kent City Sec. 15.02.003. Accessory dwelling unit (ADU). An accessory dwe//ing unit (ADU) is a habitable dwelling unit added to, created within, or 3 Ordinance Amending KCC 25.02, 25.04 and 25.08 detached from and on the same lot with a detached single-family dwelling that provides basic requirements for living, sleeping, eating, cooking (including a stove), and sanitation. SECTION 2. -Amendment. Code is hereby amended as follows: Section 15. 02.005 of the Kent City Sec. 15.02.005. Accessory use or structure. Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Accessory structures include, but are not limited to: garages; accessory dwelling units; guest cottages; sheds; storage buildings; and workshops. SECTION 3, -Amendment. Section 15.02.130 of the Kent City Code is hereby amended as follows: Sec. 15.02.130 Dwelling unit. Dwelling unit means one {-l-} room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking (including a stove) and sleeping facilities. SECTION 4. -Amendment. Code is hereby amended as follows: Section 15.02.155 of the Kent City Sec. 15.02.155. Garage or carport, private. Private garage or carport means a building, or a portion of a building, principally for vehicular equipment such as automobiles, boats, etc., �"Ll jjjyjny� U" 4 Ordinance Amending KCC 15.02, 15,04 and 15,08 heusand (1,000) square feet n , in which only egeter vehicles used by the tenants of the buildings on the premises are stored or kept. SECTION 5. -Amendment. Section 15.04.020 of the Kent City Code is hereby amended as follows: Sec. 15.04.020. Residential land uses. 5 Ordinance Amending KCC 15.02, 15.04 and 15.08 6 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S= Special Uses C7 M �t q ,� q E. t7 0 V U V �j V V �j N V C= Conditional Uses d a C4 w a V 5 A= Accessory Uses P P P P P P P P P P P P P P A A A A One single-family dwelling (1) (1) (1) (1) per lot P P P P One duplex per lot (27) (27) (27) P P P P P P P P P P P P One modular home per lot Duplexes p P P P P P P P P P (27) (27) (27) (22) P P P P P P P P P P P P P P P Multifamily townhouse units (27) (27) (27) (19) (19) (2) (4) (2) (zo> (zo> c (5) P P P P P P P P P P P P Multifamily dwellings (zs) (25) (2) (C4) (2) (5) Mobile homes and P manufactured homes Mobile home parks P (19) P (13) P (13) P (13) P (13) P (13) P Group homes class I -A P P P P P P P P P P P P P P P C P PPP cGroup homes class I-8 P P P P P PP TP P P C P P C c C Group homes class II -A c c c c c C c C C C C C c c c 6 Ordinance Amending KCC 15.02, 15.04 and 15.08 Key P = Principally Permitted Uses S = Special c7 4 a a A E~ E~ ly CSeConditional Uses a c4 £ p £ A = Accessory Uses Group homes c c c c c c c c c c c c c c c c class it -8 Group homes c c c c c c c c c c c c c c c c class II -C Group homes c c c c cc c c c c Cl2S5 III (23 (23 (23 (23 (23 (23 (23 (23 (23 (23 ) ) ) ) ) ) ) ) ) ) Secure community transition facilities 23, 24 Rebuild/acces P P P P P P P P P P P P P P P sory uses for (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) (8) existing dwellings P P P P P P P P P P P Transitional (29 (29 (29 (2) (4) (7) (r) housing ) > > c (5) c (30 c (30 Guest A A A A A A A - - - - - - - - - - - - - - - - - - - - - seHages and (s) (8) (8) (8) (s) (s) (8) houses Rooming and A A A A A A A A A A boarding of not more than three persons Farm worker A A A accommodalio (17 (9) (17 ns Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A uses and (e_) (1 01 (1 (1 (18 (18 (18 (18 (18 (18 buildings (18 (18 (18 (18 (18 ) ) ) ) ) ) ) ) ) ) ) structures customarily appurtenant to a permitted use Accessory A A A A A A A A A A A A A A A A A -A A dwelling units Le) (1 (1 11 (e) 11 Le) (1 (1 (e_) (1 u (10 (44 (U (44 (1 Lel (10 and Guest (10 (10 (10 (10 (10 (10 (10 (10 (10 (10 LLQ (10 ) ) ) ) LL Mo ) ) ) ) ) ) ) ) ) ) ) 1 ) ) 1 cotlaaes Accessory A A A A A -A -A A A A A A A A (14 (14 (14 (14 LL4 Lt4 Lt4 (14 (14 (14 (14 (14 (14 (14 7 Ordinance Amending KCC 15.02, 15.04 and 15.08 Key P = Principally Permitted Uses S = Special US85 Conditional py pr N fit V Uses d d N £ & z V q q A = Accessory Uses living quarters ) ) > ) 1 ) ) ) ) ) ) ) ) ) P Live -work units (26 Home A A A A A A A A A A A A A A A A A A A A A A A A A A A A occupations ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Service A buildings Storage A A A A A A A A A A A A A buildings, -and (16 (16 (16 (1B (16 (16 (16 (16 (18 (16 (16 (16 storage of ) ) ) ) ) ) ) ) ) ) ) ) recreational vehicles Drive-in c c c c c c c c c C C c C c c c C c C c c C C c c c churches Emergency c C c c c c C C c c c c c c housing; emergency shelter C C C C C P P P P P P P P P C C P Assisted living (29 (29 (29 (2) (4) (2) facllilies ) ) ) c (5) Residential C C c C C P P P P P P P P P C c P facilities with (29 (29 (29 (2) (4) (2) health careTT ) ) ) c (5) Designated P P P PE(2 P P P P P P P P manufactured (25 (25 (25 (25 (25 (25 (25 (25 (25 (25 (25 (25 home ) ) ) )) ) ) ) ) ) ) ) SECTION 6. -Amendment. Section 15.04.030 of the Kent City Code is hereby amended as follows: Sec. 15.04.030. Residential land use development conditions. 8 Ordinance Amending KCC 15.02, 15.04 and 15.08 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowedI shall be permitted only in the mixed use overlay when included within a mixed use development. 3. [Reserved]. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory uses buildings for existing dwellings may be constructed. Sueh uses are gaFages, earpeFts, sterage sheds, and €ene subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. s:Accessory structures composed of at least two walls and a roof, 9 Ordinance Amending KCC 15.02, 15.04 and 15.08 not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to Cl principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm accommodations for transient labor. operators and employees, but not 10 Ordinance Amending KCC 15.02, 15.04 and 15.08 1OW Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR -T zone: SR -8, MR -D, MR -G, MR -M, MR -H, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in �he-an MR -T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. ..�a.��►:►a.�w:��`� sera.��.�.u���.�i►Q����.���nirri:��•� ��n►:nii.tir� f Reservedl . 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit. 11 Ordinance Amending KCC 15.02, 15.04 and 15.08 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600 -foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes 12 Ordinance Amending KCC 15.02, 15.04 and 15.08 of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be "within line of sight." During the'i conditional use permit process for a secure community transition facility,11 "line of sight" may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would' reduce the line of sight to less than 600 feet. This distance shall be' measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county -wide nature. 25. A designated manufactured homy is a permitted use with the following conditions: a. A designated manufactured home; manufactured home must be a new b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative; 13 Ordinance Amending KCC 15.02, 15.04 and 15.08 c. The designated manufactured home shall comply with all cityi design standards applicable to all other single-family homes, d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and I e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown; districts outlined in the Downtown Subarea Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW orl I ar dwelling units with ownership interest and recorded as such prior toj approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after'' March 22, 2007, or altered to comply with zoning and subdivision code' amendments effective after March 22, 2007, 25 percent of the total' number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live -work units; provided, that the following development standards shall apply for live -work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; 14 Ordinance Amending KCC 15.02, 15.04 and .15.08 b. Adequate and clearly defined working space must constitute] no less than 50 percent of the gross floor area of the live -work unit. Saidl, working space shall be reserved for and regularly used by one or more'', persons resng there; c. At least one resident in each live -work unit shall maintain at' all times a valid city business license for a business on the premises; d. Persons who do not reside in the live -work unit may be employed in the live -work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live -work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple -family design guidelines standards do not apply to live -work units; and development h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. IS Ordinance Amending KCC 15.02, 15.04 and 15.08 30. Conditional use when the number of residents exceeds 20 at any', one time or more than four resident staff. SECTION 7. -Amendment. Code is hereby amended as follows: Section 15. 04.040 of the Kent City' Sec. 15.04.040. Manufacturing land uses. 16 Ordinance Amending KCC 15,02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses (7 K w w K K a or (0 N U) in 2 M z 0 o 2121210 u 0 2 2 2 M Manufacturing, (2 P P P P P proce3) (2 3) (2 3) (2 3) (2 3) (2 3) a blending, and blending, C packaging of (1) food and beverage products Manufacturing, P P P P P P processing, c (�) blending, and packaging of drugs, pharmaceuticals toiletries, and cosmetics Manufacturing, P P P P P P P processing, c (f) blending, and packaging of dairy products and byproducts Industrial P P P P P laundry and 2 dyeing (including linen (3 supply and c) diaper services) Printing, P P P C P P P P publishing, and (2(t) allied industries Chemicals and c c c C related products (4) (4) (4) (1) Mfg, Contractor (5) ( ( c P shops (3) ( ) Custom arts P P P P and crafts C 16 Ordinance Amending KCC 15,02, 15.04 and 15.08 17 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional U$as A = Accessory Usea v1 T ID?F N F 2 r t r N 2 Q Q N fa i g 2 i 0 o O E 2 0 0 0 2 2 2 2 products mfg. (t> Computers, P P office machines, (3) (3) and equipment Mfg, Manufacturing P P P P P P and assembly of (3) (3) c electrical (t) equipment, appliances, lighting, radio, N communications equipment, and components Fabricated P P P P P P metal products c (t) Mfg,; custom sheet metal Mfg., containers, hand tools, healing equipment, screw products, extrusion, coating, and plating Manufacturing P P P P P P and assembly of (3) (3) (2 (2 (2 (2 electronic and 5) 5) 5) 5) c electrical (1) devices, and automotive, aerospace, missile, airframe, and similar products A A A A A A A A A A A A A A Hazardous (7) M (6) (6) (6) (6) (7) (7) (7) (7) (1 (t (t (1 substance land 2) 2) 2) G c uses (t 5) Offices A A A A A A A A P P P P P P )ncidenlal and necessary to the conduct of a principally permitted use P P P P P P P Warehousing (2 (1 (t (1 (t (t (2 and distribution 2)o) e) 6) a) 6) a) c c facilities (3 (t) t) C C C P P Rail -truck (t (t (t (t (t 3) 6) transfer uses o (t) 17 Ordinance Amending KCC 15.02, 15.04 and 15.08 1 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses O N f0 T (7 2 U U U U h H U 2 2 U N M Z U o a f 2 2 U U U' 2 2 2 2 Outdoor storage P P A A A C P (including truck, A c heavy tt) equipment, and contractor storage yards as allowed by development standards, KCC 15.04,190 and 15.04.195) Miniwarehousesc P P c self -storage p� Manufacturing C P of soaps, c tf) detergents, and other basic cleaning and cleansing preparations Manufacturing o P of plastics and c 0) synthetic resins Manufacturing c P of synthetic and c natural fiber and tt) cloth Manufacturing c P of plywood, c composition tf) wallboard, and similar structural wood products Manufacturing c P of nonmetallic c t1) mineral products such as abrasives, asbestos, chalk, pumice, and putty Manufacturing c P of heat -resisting c tt) or structural clay products (brick, tile, or pipe) or porcelain products Manufacturing c P of machinery c and heavy ft) machine tool equipment for general industry and mining, agricultural, construction, or service 8 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 8. -Amendment. Section 15.04.050 of the Kent City Code is hereby amended as follows: Sec. 15.04.050 Manufacturing land use development conditions. 19 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses N N 10 � r Y U' K U U U U F F U 'z i U N M Q Q v) N (n u) e) i g 2 z U U O U U U 2 industries Manufacturing, P P P P processing, (2 0) (2 0) (2 0) C (1) assembling, and packaging of e) s) s) articles, (2 (2 (2 products, or a) e) e) merchandise made from previously prepared natural or synthetic materials Manufacturing, P P P P processing, of (2 (2 s treat(n9, (2 (2 (2 c assembling, and (3) e) s) (1) packaging of articles, products, or merchandise from previously prepared ferrous, nonferrous, or alloyed metals Complexes P P which include a combination of uses, including a mixture of office, storage, and light manufacturing uses Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A and (2 Q Q L L (9) (9) (1 (1 (1 (1 (1 (9) (9) (9) (e) (e) (e) (e) buildingsstructu 7) 1 1 1 1 0) 0) 0) o) o) es customarily 1 appurtenant to a permitted use Impound lots o (1) SECTION 8. -Amendment. Section 15.04.050 of the Kent City Code is hereby amended as follows: Sec. 15.04.050 Manufacturing land use development conditions. 19 Ordinance Amending KCC 15.02, 15.04 and 15.08 i. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: i. Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. ii. Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. b. Manufacture of products such as the following: i. Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles. ii. Rubber from natural, synthetic, or reclaimed materials. iii. Paving and roofing materials or other products from petroleum derivatives. c. Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of materials such as bone, coal, coal tar, coke, wood, and other similar distillates. 20 Ordinance Amending KCC 15.02, 15.04 and 15.08 e. Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop hammering, boiler plate works, and similar heavy metal operations: i. Asphalt batching plants. ii. Concrete mixing and batching plants, including ready-' mix concrete facilities. iii. Rock crushing plants and aggregate dryers. iv. Sandblasting plants. f. Animal and food processing, including the following and similar operations: furs. i. Tanning, dressing, and finishing of hides, skins, and ii. Meat and seafood products, curing, canning, rendering, and slaughtering. iii. Nitrating of cotton and other materials. iv. Rendering of animal grease or tallow, fish oil, and similar materials. operations. v. Slaughtering, stockyard, feedlot, dairy, and similar 2I Ordinance Amending KCC 15.02, 15.04 and 15.08 viI Pickling and brine curing processes. vii. Wholesale produce markets. g. Salvage, wrecking, and disposal activities, following and similar operations: including the i. Automobile and building wrecking and salvage. ii. Salvage of industrial waste materials such as metal,' paper, glass, rags, and similar materials. iii. Sewage disposal and treatment plants. iv. Dump and sump operations for such uses as rubbish, garbage, trash, and other liquid and solid wastes. h. Storage of the following kinds of goods: i. Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants. ii. Used building materials, mover's equipment, relocated buildings, impounded vehicles, and similar materials. iii. Explosives or fireworks, except where incidental to a principally permitted use. iv. Fertilizer or manure. 22 Ordinance Amending KCC 25.02, 15.04 and 25.08 2I [Reserved]. 3. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than 10,000 square feet of area. The 10,000 -square foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 10,000 -square foot manufacturing operation shall be permitted per lot. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M3 zone. 5. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi - manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. 6. Accessory uses include sales of product accessory to and directly related to the manufacturing or warehousing use on the site. 7. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. Fuel farm facilities are not allowed in AG or A-10 zones. 23 Ordinance Amending KCC 15.02, 15.04 and 15.08 8. For permitted uses, hazardous substance land uses, including onsite' hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC and which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 9. Includes incidental storage facilities and loading/unloading areas. 10. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 11. Including transportation and transit terminals with repair and storage facilities, and rail -truck statienstransfer uses, except classification yards in the category of "hump yards." 12. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject to the provisions of KCC 15.08.050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district. 13. Conditional use permit required for trucking terminals and rail -truck transfer uses. 14. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter 11.02 KCC, subject 24 Ordinance Amending KCC 15.02, 15.04 and 15.08 to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district. 15. The following require a conditional use permit2 a. Offsite hazardous waste treatment or storage facilities, j subject to the provisions of KCC 15.08.050. b. Any hazardous substance land use that is not an accessory use to a principally permitted use. 16. Warehousing and distribution facilities and the storage of goods ori products, except for those goods or products specifically described as' permitted to be stored only as conditional uses in the M3 district. 17. Conditional use for car loading and distribution facilities, and rail-' truck transfer s '-suses. 18. Warehousing and distribution facilities and the storage of goods or products, including rail -truck transfer Fae 3uses. 19. Miniwarehouses; provided, that the fiollowing development standards shall apply for miniwarehouses, superseding those set out in KCC 15.04.190 and 15.04.200. For purposes of this title, "miniwarehouses" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on aself-service basis, but does not include a garage or 25 Ordinance Amending KCC 15.02, 15.04 and 15.08 other storage area in a private residence miniwarehouse for residential purposes. No occupant may use a a. Frontage use. The first 150 feet of lot depth, measured from the property line or right-of-way inward from the street frontage, shall be reserved for principally permitted uses for this district, or for the office or onsite manager's unit, signage, parking, and access. A maximum of 25 percent of the frontage may be used for access to the storage unit area, provided, that in no case shall the access area exceed 75 feet in width. No storage units or structures shall be permitted within this 150 feet of commercial frontage depth. b. Lot size. Minimum lot size is one acre; maximum lot size is four acres. c. Site coverage. Site coverage shall be in accordance with the underlying zoning district requirements. d. Setbacks. Setbacks shall be as follows: i. Front yard: 20 feet. ii. Side yard: 10 feet. iii. Rear yard: 10 feet. e. Height /imitation. The height limitation is one story. f. Outdoor storage. No outdoor storage is permitted. 26 Ordinance Amending KCC 15.02, 15.04 and 15.08 apply. g. Signs. The sign requirements of Chapter 15.06 KCC shall; hI Off-street parking. i. The off-street parking requirements of Chapter 15.05', KCC shall apply. ii. Off-street parking may be located in required yards, except in areas required to be landscaped. i. Development plan review required as provided in KCC 15.09.010. Development plan approval is j. Landscaping. Landscaping requirements are as follows: i. Front yard: 20 feet, type III (earth berms). ii. Side yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. iii. Rear yard: 10 feet, type II abutting commercial uses or districts; type I abutting residential uses or districts. For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. k. Onsite manager. A resident manager shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. Thev 11 Itt economic 27 Ordinance Amending KCC 15.02, 15.04 and .15.08 and community development department shall establish requirements for parking and loading areas sufficient to accommodate the needs of the resident manager and the customers of the facility. I. Drive aisles. Drive aisle width and parking requirements are as follows: i. 15 -foot drive aisle and 10 -foot parking aisle. ii. Parking for manager's quarters and visitor parking. m. Building lengths. The horizontal dimension of any structure facing the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum depth of five feet. n. Bui/ding materia/s. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping, and fencing shall be used. No incompatible building colors should be used when abutting a residential use or zone. o. Prohibited uses. Use is restricted to dead storage only. The following are specifically prohibited: i. Auctions (other than tenant lien sales), commercial, wholesale or retail sales, or garage sales. ii. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. 28 Ordinance Amending KCC 15.02, 15.04 and 15.08 The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. ivI The establishment of a transfer and storage business. v. Any use that is noxious or offensive because of odor, dust, noise, fumes, or vibration. vi. Storage of hazardous or toxic materials and chemicals or explosive substances. p. Fencing. No razor wire is allowed on top of fences. 20. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, sme-iteri-n gsmeltina, refining, and forming). 21. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, fa -s hewn On KGG 15.04.080) must be retail or pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses. a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; 29 Ordinance Amending KCC 15.02, 25.04 and 15.08 b. Personal services, including but not limited to barber shops,; beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food -related shops, including but not limited to restaurants!, (including outdoor seating areas and excluding drive-in restaurants) and', taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the �Ia-�-i-n�--economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 30 Ordinance Amending KCC 15.02, 15.04 and 15.08 22. Permitted uses are limited to storage, warehousing, processing and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm facilities. 23. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 24. Except for those goods or products specifically described as permitted to be stored as conditional uses. 25. Excluding explosive fuels and propellants. 26. Excluding predominantly drop forge and drop hammer operations. 31 Ordinance Amending KCC 15.02, 15.04 and 15.08 27. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 28. Excluding paint boiling processes. 29. Limited to 25 percent of gross floor area. Reference KCC 15.04.080(5), 30. Retail or services uses which exceed the 25 percent limit on an indivV dual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. 31. Reuse or replacement of existing structures for non-agricultural uses is allowed where it is shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to non-agricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property. Signs shall be limited to not more than 100 square feet in area per business, and of that amount, freestanding signs shall not exceed 40 square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a non-agricultural use. 32. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to aW ricultural uses, are subject to the provisions of KCC 15.08.160. 32 Ordinance Amending KCC 15.02, 15.04 and 15.08 SEC MIUIV 9. - Amendment. Section 15.04.060 of the Kent City Code is hereby amended as follows: Sec. 15.04.060. Transportationf public, and utilities land uses. 33 Ordinance Amending KCC .I5.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses N �fr N to Y W of 2' K K K Z U U U () F F- U 22 N U N co Q¢ ai w N i 2 2 2 z U o o 2 f 2 U U U' i f Commercial c c c c c parking lots or structures Transportation c c c c c c c c c c c c c c c c c c o c c c c c c c c P and transit (t (t (t (t (t ry (t (t (t (t (t (t (t (t (7 (t (t (t (t (t (t (t (t (t (t (t (tt) (s) t) t) t) t) t) t) q t) t) q t) q t) q t) t) t) t) t) t) t) t) t) t) t) p (n facilities, ) including high 2) capacity transit facilities Railway and c c c c c c c bus depots, taxi stands Utility and c c c c c c c c c c c c c c c c c c c c c c c c c c c transportation facilities: Electrical substations, pumping or regulating devices for the transmission of water, gas, steam, petroleum, etc. Public facilities: c c c c c c c c c c c c c c c c P c c c c c c c c c c Firehouses, police stations, libraries, and administrative offices of governmental agencies, primary and secondary schools, vocational schools, and colleges Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A and bulldiRgs U structures 1 (1 1 1 customarily appurtenant to a permitted use 33 Ordinance Amending KCC .I5.02, 15.04 and 15.08 SECTION 10. -Amendment. Section 15.04.065 of the Kent City Code is hereby amended as follows: Sec. 15.04.065. Transportation, public, and utilities land use development conditions. 1. For WTF towers 90 feet or less for a single user and up to 120 feet for two or more users. 2. For WTF towers that are within the allowable building height for the district in which they are located. 3. All WTFs are subject to applicable portions of KCC 15.08.035. 34 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses o h O N F t0 F C? i S 4. .- N r cN Y 0 K d' a: a' d' a: a! 0' 0' a! d' 2 U U U U F F- U 2 2 Ur N M Q Q (O r0 r0 r0 U) f i 2 2 2 i Z U o O M i f U U a 2 2 i Wireless P P P P P P P P P P P P P P P P telecommunicat (2) (2) (2) (2) (2) (2) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) Ions facility (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (WTF) by administrative approval Wireless c c c c c c c c c c c c c c c c c c c c c c c c c lelecommunical (5) (5) (8) (8) (8) (8) (8) (8) (8) (8) (5) (5) (5) (9) (5) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Ions facility (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (WTF) by conditional use permit EV charging A A A A A A A A A A A A A A A A A A A A A A A A A A A A station (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (8) (9) (9) (8) (8) (9) (9) (9) (9) (9) (B) (9) Rapid charging A A A A A A A A A A A A A A A A A A A A A A A A A A station of of of of of of of of of of o) JA o) of SECTION 10. -Amendment. Section 15.04.065 of the Kent City Code is hereby amended as follows: Sec. 15.04.065. Transportation, public, and utilities land use development conditions. 1. For WTF towers 90 feet or less for a single user and up to 120 feet for two or more users. 2. For WTF towers that are within the allowable building height for the district in which they are located. 3. All WTFs are subject to applicable portions of KCC 15.08.035. 34 Ordinance Amending KCC 15.02, 15.04 and 15.08 4. A conditional use permit for a WF is required if it is greater than 90 feet for a single user or 120 feet for two or more users. 5. A conditional use permit is required if the WTF exceeds the allowable building height of the district. 6. Transportation and transit terminal, including repair and storage facilities and rail -truck �taierstransfer uses, except classification yards in the category of "hump yards." 7. [Reserved]. 8. If on property owned, leased or otherwise controlled by the city or other government entity subject to KCC 15.08.035(I). 9. Level 1 and 2 charging only. 10. Only as part of a general conditional 15.08.030. use identified in KCC 11. High capacity transit facilities shall be consistent with Chapter 15.15 KCC. 12. A conditional use permit is required for high capacity transit facilities that cross multiple zoning districts. No other transportation and transit facilities are allowed in the MHP zoning district. 13. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 35 Ordinance Amending KCC 15.02, 15.04 and 15.08 S& "UIV 11. - Amendment. Section 15.04.070 of the Kent C Code is hereby amended as follows: Sec. 15.04.070. Wholesale and retail land uses. 36 Ordinance Amending KCC 15,02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses O h N t0 Lu Y K K Q' 0: 0: R' D! 2 U U U U f F U rL rL :.> N M 2 U O O Bakeries and P P P P P P confectioneries Wholesale P P bakery P P P P P P P Bulk retail (26 (2e (1) (1) Recycling c P centers Retail sales of P P P P lumber, tools, and other building materials, including preassembled products Hardware, paint, P P P P P P P P P tile, and (11 wallpaper (retail) ) Farm equipment P P General P P P P P P P P merchandise: (11 Dry goods, ) variety, and department stores (retail) Food and P P P P P P P P P 5 P S convenience (11 (12 (12) stores (retail) ) ) Automobile, P P P aircraft, motorcycle, boat, and recreational vehicles sales (retail) Automotive, P P P P P P P P P aircraft, (13 (13 (5) motorcycle, and ) ) (13) marine 36 Ordinance Amending KCC 15,02, 15.04 and 15.08 37 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory uses N ID X CL W 2 U O O accessories (retail) Gasoline service s s s s s s s s s stations (6) (6) (6) (6) (6) (6) (6) (6) (6) Apparel and P P P P P P P P A accessories ) (retail) Furniture, home P P P P P P P P P furnishing (retail) (� Ealing and P P P P P P P P P P P P P drinking establishments ) (no drive- Ihrough) Eating and s c P s P drinking (6) m (6) (20 establishments (zo ) (20 ) (20 ) ) (with drive- through Eating facilities P P P A A A A for employees Planned development retail sales Drive- C P P P P P P through/drive-up (22 (20 (20 (24 (24 (20 (20 businesses ) ) ) ) ) ) ) (commercial/reta iI — other than eating/drinking establishments) Miscellaneous P P P P P P P P P A retail: Drugs, antiques, books, ) sporting goods, jewelry, florist, photo supplies, video rental, computer supplies, etc. P P P P P P P P P P Liquor store (1 Farm supplies, P P P hay, grain, feed, fencing, etc. (retail) Nurseries, P P P P greenhouses, garden supplies, tools, etc. Pel shops (retail P P P P and grooming) Computers and P P P P P P 37 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 12. -Amendment. Section 15.04.080 of the Kent City Code is hereby amended as follows: Sec. 15.04.080. conditions. Wholesale and retail land use development 38 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses O N N l0 � Y C7 K 2 K K K K K W K K W 2 U U U U H ♦- U rC U N M Q a rn U N N X 2 2 2 2 2 2 2 z U O a f g U U C9 i electronics (retail) Hotels and P P P P P P P P (11 (25 motels Complexes P P which include combinations of uses, including a mixture of office, Iighl manufacturing, storage, and commercial uses Outdoor storage P P A A A A P (including truck, (19 (19 (19 (19 (19) (19 (19 heavy ) ) ) ) ) ) equipment, and contractor storage yards as allowed by development standards, KCC 15,04,190 and 15,04,195) Accessory uses A A A A A A A A A A A A A A A A A A A A A A A A A A A and buildings (9) al W f3Z fs (16 (16 (17 (17 (17 (17 (17 (18 (16 (16 structures f3Z 1 1 1 1 ) ) > > ) ) ) > > > 1 customarily appurtenant to a permitted use Agriculturally o related retail (21 Battery S 5 A A A A S S a s 5Aexchange (23 (23 JA (23 (23 (23 (23 (23 (23 (23 (23 L(23) (23 (23 station(23 ) ) SECTION 12. -Amendment. Section 15.04.080 of the Kent City Code is hereby amended as follows: Sec. 15.04.080. conditions. Wholesale and retail land use development 38 Ordinance Amending KCC 15.02, 15.04 and 15.08 1. BUIk retail uses which provide goods for regional retail and wholesale markets, provided, that each use occupy no less than 43,560 square CLU gross floor area. 2. [Reserved]. 3. [Reserved]. 4. [Reserved]. 5. Uses shall be limited to 25 percent of the gross floor area of any single- or multi -building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. For example, in the case of a business park with several buildings, 25 percent of the buildings' combined floor area may be devoted to these retail and services uses. For single building parcels, 25 percent of the floor area of the single building may be devoted to these retail and services uses. 6. Special uses must conform to the development standards listed in KCC 15.08.020, 7. Drive-through restaurants, only if located in a building having at least two stories. 39 Ordinance Amending KCC 15.02, 15.04 and 15.08 8. Accessory uses are only allowed in cases where development plans demonstrate a relationship between these uses and the principal uses of the property. 9. Other accessory uses and bungs customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 10. Retail uses operated in conjunction with and incidental to permitted uses, provided such uses are housed as a part of the building comprising the basic operations. 11. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk; and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops, b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; 40 Ordinance Amending KCC 15.02, 15.04 and 15.08 d. Food-related shops, including but not limited to restaurants! (including outdoor seating areas and excluding drive-in restaurants) and taverns; eI Copy establishments; f. Professional services, including but not limited to law offices) and consulting services; and g. Any other use that is determined by the �-it�g-economical and community development director to be of the same general character', as the above permitted uses and in accordance with the stated purpose of', the district, pursuant to KCC 15.09.065, Interpretation of uses. Gtau�id �locar Re[�ilfSertirice Area �:��c�� C7rounc� I^Ir,,��r 1���tulr�ci-viccr.L)�. Rc.t�uind 41 Ordinance Amending KCC 15.02, 15.04 and 15.08 12. Retail convenience grocery sales are allowed in conjunction with a gasoline service station as a special permit use subject to the development standards listed in KCC 15.08.020. 13. Retail sales are limited to tires, batteries, and accessories for industrial vehicle and equipment, except in the M1 -C zoning district where retail sales of tires, batteries, and accessories are allowed for industrial or personal vehicles and equipment. 14. [Reserved]. 15. [Reserved]. 16. Includes incidental storage facilities and loading/unloading areas. 42 Ordinance Amending KCC 15.02, 15,04 and 15.08 17. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 18. [Reserved]. 19. Reference KCC 15.07.040(6), outdoor storage landscaping. 20. Whenever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. 21. Retail use must be for sale of agricultural or horticultural eesgroducts, at least 25 percent of the gross sales value of whi trch are grown within Washington State. Up to 50 percent of the gross sales value may be for seed, gardening equipment and products, private label foods, and locally hand -made products. Any structures must be designed to maintain or enhance the agricultural appearance of the area. 22. Any drive-up/drive-through facility shall be accessory to the principal use to which it is attached. 23. All battery exchange activities and associated storage shall take place within an enclosed building. The development standards listed in KCC 15.08.020(6) shall apply, except that subsection (13)(3) shall not apply. 24. Drive-through/drive-up businesses are permitted only under the following conditions: 43 Ordinance Amending KCC 15.02, 15.04 and 15.08 a. The development must be within a strip -mall or shopping center. 25. The ground floor or street level must be retail or pedestrian -oriented' following the Midway Design Guidelines. The main ground floor entry shall open to a public street with accessory retail uses accessible by pedestrians. 26. Bulk retail is permitted only when single -tenant building is over one acre in size. 27. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SECTION Y3. -Amendment. Code is hereby amended as follows: Section 15.04.090 of the Kent City 44 Ordinance Amending KCC 15.02, 15.04 and 15.08 45 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses 0 T7R' N W K 0: K 2 U UU U F F U f U N M Q a f/7 N N y i i i m z U a 0 Finance, P P P P P P P P P P P P insurance, (22 ) (1) (12 (2) real estate services Personal P P P P P P P P P P P P (22 (12 (10 (10 (2) services: ) ) ) ) (10 Laundry, dry cleaning, barber, salons, shoe repair, launderettes P P P P Mortuaries (12 Home day- P P P P P P P P P P P P P P P P P P P P P P P P P P P P care Day-care C C C C C C C P P P P P P P P P P P P P P P P P P P P P center Business P P P P P P P P P P services, (12 ) (2) duplicating and blue printing, travel agencies, and employment agencies Building P P P P P P P maintenance (2) and pest control Outdoor P P A A A A P storage c (s) (including truck, heavy equipment, and contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) Rental and P P P P P P P leasing (2) services for cars, trucks, trailers, furniture, and tools Auto repair c P P P P P P and washing I I I I 1(21 45 Ordinance Amending KCC 15.02, 15.04 and 15.08 46 Ordinance Amending KCC 15.02, 15,04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses N (G a: 0: a' Q' Q' 0: d' 2 U U U U N Q Q1 (q (n (n (n Y) i i i 2 2 f Z U O O f f 2 U U (7V 2 2 services ) (Including (23 ) bodywork) Repair P P P P P P P P P services: (12 (2) Watch, N, ) electrical, electronic, upholstery Professional P P P P P P P P P P P services: (20 (2) Medical, ) clinics, and other health care -related services Heavy P P P c P equipment (9) and truck repair Contract P P P P P P P P construction ,18 (18 (17 (17 (2) (17) service offices: Building construction, plumbing, paving, and landscaping Educational P P P P P P P P P services: (2) Vocational, trade, art, music, dancing, barber, and beauty S s s s s s s s s s s s s s s s s s s s s s s Churches (4 (4) (4) (4) (4) (4) (4 (4 (4 (4 (4 (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) Administrative P P P P P P c P P P P P and (12 (2) professional offices — general Municipal P P P P P P P P P P P P P (13 (13 (13 (13 (13 (13 (13 (13 (13 (13 (2) (13 Uses and (13 ) buildings ) Research, P C P P P P P P P development, (2) (14 ) and testing Accessory A A A A A A A A A A A A A A A A A A A A A A A A A A A 1� 1?4 (24 (24 (18 (is (19 (19 (19 (19 (19 (18 (18 (18 builddin®s (4 ) ) 1 ) ) > ) ) ) ) ) ) ) ) structures customarily appurtenant 46 Ordinance Amending KCC 15.02, 15,04 and 15.08 SECTION 14. -Amendment. Section 15.04.100 of the Kent City Code is hereby amended as follows: Sec. 15.04.100. Service land use development conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to 25 percent of the gross floor area of any single- or multi -building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review vidually through the cononal use permit process. A conditional use permit shall be required on an individual tenant or business 47 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses N O N F t0 F- (? i S d W 6 N .- N d' of Q' K K K K a: 2 U 0 Q 0 H F- U 9 M L) Q Q V) (/� U) (!! V) rL f 212 i Z U ❑ ❑ to a permitted use Boarding o c c kennels and breeding establishment s Veterinary o P P P P P clinics and (8) (8) (8) (8) (8) veterinary hospitals Administrative P P P P P or executive offices which are part of a predominant industrial operation Offices A A A A A incidental and necessary to the conduct of a principally permitted use SECTION 14. -Amendment. Section 15.04.100 of the Kent City Code is hereby amended as follows: Sec. 15.04.100. Service land use development conditions. 1. Banks and financial institutions (excluding drive-through). 2. Uses shall be limited to 25 percent of the gross floor area of any single- or multi -building development. Retail and service uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review vidually through the cononal use permit process. A conditional use permit shall be required on an individual tenant or business 47 Ordinance Amending KCC 15.02, 15.04 and 15.08 basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite' conditions on either an individual or cumulative basis. 3. [Reserved]. 4. Special uses must conform to the development standards listed in KCC 15.08.020. 5. [Reserved]. 6. [Reserved]. 7. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 8. Veterinary clinics and animal hospitals when located no closer than 150 feet to any residential use, provided the animals are housed indoors, with no outside runs, and the building is soundproofed. Soundproofing must be designed by competent acoustical engineers. 9. Those uses that are principally permitted in the M3 zone may be permitted in the M2 zone via a conditional use permit. 10. Personal services uses limited to linen supply and industrial laundry services, diaper services, rug cleaning and repair services, photographic services, beauty and barber services, and fur repair and storage services. 11. [Reserved]. 48 Ordinance Amending KCC 15.02, 15.04 and 15.08 12. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be pedestrian -oriented. Pedestrian -oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses. a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food -related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the Wig—economic and community development director to be of the same general character 49 Ordinance Amending KCC 15.02, 15.04 and .15.08 as the above permitted uses and in accordance with the stated purpose or the district, pursuant to KCC 15.09.065, Interpretation of uses. Ground Fluor IN.MalliService Area �t�s:�sr Circaund 1'lac3r 32etui1f5crricctT+�: EZyuixccl 50 Ordinance Amending KCC 15.02, 15.04 and 15.08 13. Except for such uses and buildings subject to KCC 15.04.150. 14. Conducted in conjunction with a principally permitted use. 15. [Reserved]. 16. Contract construction services office use does not include contractor storage yards, which is a separate use listed in KCC 15.04.040. 17. Outside storage or operations yards are permitted only as accessory! uses. Such uses are incidental and subordinate to the principal use of the: property or structure. 18. Includes incidental storage facilities and loading/unloading areas. 19. Includes incidental storage facilities, which must be enclosed, and loading/unloading areas. 20. Shall only apply to medical and dental offices and/or neighborhood clinics. 21. Auto repair, including body work, permitted only under the following conditions. and washing services are a. The property is also used for heavy equipment repair and/or truck repair; and b. Gasoline service stations that also offer auto repair and washing services are not permitted in the M3, general industrial zoning distriULE 51 Ordinance Amending KCC 15.02, 15.04 and 15.08 2Z, Any associated drive-up/drive-through facility shall be accessory and shall require a conditional use permit. 23. Auto repair, including body work, Cl"d auto washing services shall be allowed in the general industrial (M3) zoning district as follows: a. For adaptive reuse of existing site structures, all of the following conditions must apply: i. The site is not currently served by a rail spur; and ii. Existing site structures do not have dock high loading bay doors, where the fhed floor is generally level with the floor of freight containers; and iii. All ground -level bay doors of existing structures have a height of less than 14 feet, which would generally impede full access to freight containers; and iv. Existing site structures have a clear height from finished floor to interior roof trusses of less than 20 feet; and v. Maximum building area per parcel is not greater than 40,000 square feet. b. For proposed site development, all of the following conditions must apply: i. The site is not currently served by a rail spur; and 52 Ordinance Amending KCC 15.02, 15.04 and 15.08 ii. Based on parcels existing at the time of the effective) date of the ordinance codified in this section, the maximum parcel size isj no greater than 40,000 square feet. 24.Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SEC7"IOIV i5. -Amendment. Section 15.04.110 of the Kent City Code is hereby amended as follows: Sec. 15.04.110. Cultural, entertainment, and recreation land j uses. 53 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses Ln N N U U F- F- U U NIM Z U ❑ ❑ i U U U' i i Performing and cultural P P P P P P P arts uses, such as art (3) galleries/studios Historic and monument IP P sites Public assembly (indoor): P P C c P P P P Sports facilities, arenas, (2) (2) (Z) auditoriums and exhibition halls, bowling alleys, dart - playing facilities, skating rinks, community clubs, athletic clubs, recreation centers, theaters (excluding school facilities) Public assembly (outdoor): C P P Fairgrounds and amusement parks, tennis courts, athletic fields, miniature golf, go-cart tracks, drive -In theaters, etc, Open space use: c c c c C C C C C C C c C C C P P C c c C P P C C C c Cemeteries, parks, (e) (s) (9) (9) (9) m m playgrounds, golf courses, C c C c and other recreation 53 Ordinance Amending KCC 15.02, 15.04 and 15.08 SECTION 16. -Amendment. Section 15.04.120 of the Kent City Code is hereby amended as follows: Sec. 15.04.120. Cultural, entertainment, and recreation land use development conditions. 1. [Reserved]. 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools, and other similar uses deemed compatible with the general character and stated purpose of the district. 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map belowF V= hewn in KGG 15.94,080) must be retail or pedestrian -oriented. 54 Ordinance Amending KCC 15.02, 15.04 and 25,08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses O N N 10 � U U U U H H N M Q 6 fn Vl N N i f 2 2 Z U O ❑ U U t7 facilities, including buildings or structures associated therewith Employee recreation areas A A A A Private clubs, fraternal c c c c c c c c c c c c c c c c c P c P c c P c c c c (C5) (C5) lodges, etc. �5) Recreational vehicle parks Accessory uses and A A A A A A A A A A A A A A A A A A A A A A awildiNs-structures IL) ILa1 M (10) (14) customarily appurtenant to TAA tAA a permitted use Recreational buildings In A MHP SECTION 16. -Amendment. Section 15.04.120 of the Kent City Code is hereby amended as follows: Sec. 15.04.120. Cultural, entertainment, and recreation land use development conditions. 1. [Reserved]. 2. Principally permitted uses are limited to indoor paintball, health and fitness clubs and facilities, gymnastic schools, and other similar uses deemed compatible with the general character and stated purpose of the district. 3. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map belowF V= hewn in KGG 15.94,080) must be retail or pedestrian -oriented. 54 Ordinance Amending KCC 15.02, 15.04 and 25,08 Pedestrian-oriented development shall have the main ground floor entry] I located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as' apparel and accessories, gift shops, toy shops, cards and paper goods,' home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food -related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; f. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the Wig --economic and community development director to be of the same general character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to N CC 15.09.065, Use interpretations. 55 Ordinance Amending KCC 15.02, 15.04 and 15.08 4. [Reserved]. 5. Business, civic, social, and fraternal associations and service offices are principally permitted uses. 6. Principally permitted uses are limited to parks and playgrounds. 7. Principally permitted uses are limited to golf driving ranges. 8. [Reserved]. 9. ' Conditionally permitted uses are limited to parks and playgrounds. 56 Ordinance Amending KCC 15.02, 15.04 and 15.08 1U, Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SECTION I7. -Amendment. Section 15.04.130 of the Kent City Code is hereby amended as follows: Sec. 15.04.130. Resource land uses. SECTION i8. -Amendment. Code is hereby amended as follows: Section 15.04.140 of the Kent City Sec. 15.04.140. Resource land use development conditions. 1. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 57 Ordinance Amending KCC 15.02, 15.04 and 15.08 Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditlonal Uses A = Accessory Uses N %0 o � M� N W00 D F F C7 E S a te w U v N v o! ei N V V V V UF F V$ f V epi rl N M Q Q Vl to 1A Vl Vl Y i S i z z Z U O G Y i i V V t0 F i S i Agricultural uses such as P P P planting and harvesting o crops, animal husbandry (Including wholesale nurseries and greenhouses) Crop and tree farming P P P P P P P P P P P P P P P P P Storage, processing, and P conversion of agricultural products (not Including slaughtering or meat packing) Accessory uses and building A A A A A A A A A A A A A A iA A A A A A A A A A A A A A structures customarily (1> M M M M appurtenant to a permitted use Roadside stands A A A (3) (Z) (3) SECTION i8. -Amendment. Code is hereby amended as follows: Section 15.04.140 of the Kent City Sec. 15.04.140. Resource land use development conditions. 1. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 57 Ordinance Amending KCC 15.02, 15.04 and 15.08 2. Roadside stand not exceeding 400 square feet in floor area exclusively for agricultural products grown on the premises. 3. Roadside stands not exceeding 400 square feet in floor area, and not over 20 lineal feet on any side, primarily for sale of agricultural products on the premises. 4. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. SECTION 19, -Amendment. Code is hereby amended as follows: Section 15.08.160 of the Kent City Sec. 15.08.160. Accessory buildings. A. An accessory building can be located anywhere on a lot if it conforms with the setbacks required by this title for a principal building. In the rear one-half (#) of a lot the accessory building can be built to within two {27}—feet of the side and rear lot lines, except when attached to a principal building, in which case it must have the same setbacks as the main building. If other regulations or ordinances conflict with the provisions in this subsection (A), the stricter regulations shall appy Fea where ngeter vehieles used by the tenants of the buildings an the 58 Ordinance Amending KCC 15.02, 15.04 and 15.08 Plu��:a.n►:.u\a.n�R��i\:. �:iai..n� 1��i\ a��ii► I��i�lill.i� Ii\M ��a!\�1.LLP/Rhl.mal!\��►L1 cottage Ul accessory dwelling unit on any one lot The guest cottage or ADU shall be located on the rear half of the lot, unless determined to be infeasible due to lot shape, house placement, or other factors as approved by thepha .tftfteconomic and community development Accessory dwelling units are also subject to the provisions of KCC 15.08.350. C. The combined footprint of all accessory buildings on a lot shall not exceeA 15 percent of the lot area. D. Accessory buildings shall not exceed 23 feet in height. E. Accessory buildings shall not exceed the height of the principal building. F. Accessory buildings that are 12 feet in height or higher must be visually compatible with the principal building by meeting all of the following: 1. The exterior finish material must be the same or visually match the exterior finish material of the principal building, in type, size and placement 59 Ordinance Amending KCC 15.02, 15.04 and 15.08 u�w.�u:.i�:��.�:ai �...��1•►.IUP1►.l.�au•..� �.�:a-...iiutn:►:�.i�!.i.��.:\�iei►.a.n.�e. Accessory dwelling units are also subject to the provisions of KCC 15.08.350. C. The combined footprint of all accessory buildings on a lot shall not exceeA 15 percent of the lot area. D. Accessory buildings shall not exceed 23 feet in height. E. Accessory buildings shall not exceed the height of the principal building. F. Accessory buildings that are 12 feet in height or higher must be visually compatible with the principal building by meeting all of the following: 1. The exterior finish material must be the same or visually match the exterior finish material of the principal building, in type, size and placement 59 Ordinance Amending KCC 15.02, 15.04 and 15.08 Z, The trim on the accessory building must be the same or visually match the trim used on the principal building, in type, size and placement; and 3. The roof pitch of the accessory building must be substantially the same as the roof pitch of the principal building. SECTION 20. -Amendment. Section 15.08.350 of the Kent City Code is hereby amended as follows: Sec. 15.08.350. Accessory dwelling unit regulations. A. Intent. The city provides these accessory dwelling unit regulations for the following purposes: 1. The 1993 Washington Housing Policy Act requires cities with populations in excess of 20,000 to implement regulations that encourage the development of accessory apartments in areas zoned for single-family, residential use. etter use of the existing housing stock, and to provide variety in wil Wil WP Wig 60 Ordinance Amending KCC 15.02, 15.04 and 15.08 3.II To make homeownership more affordable because it will be easier to buy both new and existing homes with the help of an accessory partmentdwelling unit. 34. To provide more motions for different household types (single 5W�w MA NAME M� Ih " M � � 11010101 MEI"ERNIIIIIIIII III III III IIII IN III MMIA'MRNMMW&WLWLIIII v�m�iaiiii'iiiiiiiil;w 0 ;v ;v MELWIERMELWX 5�. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. B. Standards and criteria, 1. One—(�} ADU per detached single-family dwelling unit is allowed-+�a�-right within all residential zones, . 61 Ordinance Amending KCC 15.02, 15,04 and 15.08 UP v M TWO" TOMMMMIMETIF UP IMNI 111111 11111,11 5�. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. B. Standards and criteria, 1. One—(�} ADU per detached single-family dwelling unit is allowed-+�a�-right within all residential zones, . 61 Ordinance Amending KCC 15.02, 15,04 and 15.08 UP v M TWO" TOMMMMIMETIF IF 5�. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. B. Standards and criteria, 1. One—(�} ADU per detached single-family dwelling unit is allowed-+�a�-right within all residential zones, . 61 Ordinance Amending KCC 15.02, 15,04 and 15.08 IF 5�. To make better use of existing public investment in streets, transit, water, sewer, and other utilities. B. Standards and criteria, 1. One—(�} ADU per detached single-family dwelling unit is allowed-+�a�-right within all residential zones, . 61 Ordinance Amending KCC 15.02, 15,04 and 15.08 ottage or ADU on any one lot. 2. An ADU may be established tf-wn or as an addition to a new or existing single-family dwelling by ereating the unit. within or in or as a detached unit from the principal dwelling, any accessory structure or building on the lot. Detached ADUs are subject to the provisions of KCC 15.08.160. 3. The ADU, as well as the �ai-rt-principal dwelling unit, must meet all applicable setbacks, lot coverage, and building height requirements. 4. The design and size of an ADU shall conform to �tandards in—the requirements of all building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When there are practical difficulties involved in carrying out the provisions of this section, the building official may grant modifications for individual cases pursuant to the International Building Code, the International Residential Code, or other applicable building codes, and as subsequently amended or recodified. 5. One-(�} of the dwelling units shall be evd-rre�owner-occupied aS the ownerts-j principal residence for at least six -f6} months aeyery calendar year. No permit for an ADU will be issued until the owner files a covenant evidencing this use limitation against the property_; tThis covenant must alae -be recorded in the ~,.,., rds of King County Audite� 62 Ordinance Amending KCC 15.02, 15.04 and 15.08 This ,.,..•,..ant Recorder's Office, at the owner's expense, and shall be in a form acceptable to the city attorney. 6. If betheither the ADU or the principal unit ceases to be evvnu eeeup+edowner-occupied for n9ere thanat least six f6)- months in any given calendar year, the ADU permit shall be deemed revoked and use of the unit as an ADU must cease immediately. 7. The size of an ADU contained within or attached to an existing single-family struetu,e—dwelling shall be limited by the existing str-eotu, dwelling's applicable zoning requirements. An ADU incorporated tirHnto the construction of a new single-family house dwelling shall be limited to €ety f40} percent of the principal dwelling unit. 8. The size of a detached ADU, for either new construction or an existing home, shall be up to eight X 800} square feet or thirty thFee (33percent of the size of the principal unit, whichever is smaller. If the detached ADU is built within above or in addition to another accessory structure, the footprint of the accessory structure is not counted towards the footprint of the ADU. 9. A legal guest cottage, as defined by KCC 15.02.174, existing prior to November 21st, 1995, shall not be denied an accessory housing permit solely because it is larger than the maximum size stated in t-h+s these criteria. Any legally constructed accessory building, existing prior to November 21st, 1995, may be converted to an accessory dwelling unit provided the structure does not exceed fifty (50percent of the size of the principal unit. 63 Ordinance Amending KCC 15,02, 15.04 and 15.08 105. The owner or developer shall take every effort to avoid additional entrances or other visible changes on the street facade of the house which indicates the presence of an ADU. Ive A permit application must be completed and approved for all'' ADUs. The gig -economic and community development department' shall determine the application requirements for an ADU permit. 129. ADUs existing prior to the adoption of #et�i-ngthis ordinance may be found to be legal on the condition that the property owner applies for an ADU permit and complies with all required standards and provisions. S-uh-pProperty owners subject to this subsection have ti -one (4)year periedfrom the effective date of this th-e eeessery housing ordinance is adepted in whieh to apply for an ADU permit, after which time Qwr-h -all affected property owners ea -n -ma be subject to fines and penalties established in this title. 13�. �1t-Immediately adjacent neighbors of an ADU applicant shall be notified by first-class mail of the pending ADU -permit application by the economic and community development department within 15 business days of the city's acceptance of a fully complete ADU permit application. This notification is informational only. The decision by the geconomic and community development director to grant an ADU ming -permit is non_appealable by the neighbors of the permit holder. SECT%ON 21. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion oI this ordinance and the same shall remain in full force and effect. 64 Ordinance Amending KCC 15.02, 15,04 and 15.08 SECTION 22. - Corrections by City Clerk or Code Reviser. 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; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 23, -Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. UZET'� C�OOKE, MAYOR ATTEST: RONALD F. ORE.. CITY C APPROVED AS TO FORM: TO�1 BRUBAKEi�, CITY ATTORNEY APPROVED: day of �' , 2015. PUBLISHED.4fqday of , 2015. 65 Ordinance Amending KCC 15,02, 15,04 and 15.08 I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the Mayor of the city of Kent as herrn indicated. P:\Civil\Ordinance\Amend 15 02 15 04and IS OB FINAL.docx 66 Ordinance Amending KCC 15.02, 15.04 and 15.08