HomeMy WebLinkAbout4464 ORDINANCE NO. 4464
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to the regulation
of accessory dwelling units, amending sections,
7,02.050, 7.04.220, 12.14.070, 12.16.090,
15.02.005, 15.02.114, 15.04.030.10, 15.05.040,
15.08.160 of the Kent City Code, and repealing and
replacing in its entirety Section 15.08.350 of the
Kent City Code.
RECITALS
A. The City has adopted plans, policies, regulations, and programs
to increase housing supply and support housing choices.
B. In 2015, the City adopted the Kent Comprehensive Plan, which
includes a housing element with a purpose of"encouraging diverse housing
opportunities that are affordable to all income levels and household needs."
C. The City finds that there is a need for housing units that are
safe and affordable across all income levels, and provide additional entry
level home ownership options.
D. The City recognizes the need to encourage the development of
accessory dwelling units (ADUs) as an additional strategy to address its
housing needs.
1
Re:Accessory Dwelling Units (ADU)
E. On November 21, 1995, the City adopted Ordinance 3251,
permitting ADUs in compliance with the 1993 Washington Housing Policy
Act, with the goals to increase the supply of affordable rental units through
better use of the existing housing stock; to make home ownership more
affordable; and to increase housing options for older adults, single parent
families, and adults with disabilities.
F. Since 2000, less than 30 ADUs have been built within the City.
G. On June 1, 2021, the City adopted the Kent Housing Options
Plan (KHOP), establishing a comprehensive list of actions the City can take
to achieve better housing outcomes, increase housing supply, and diversify
housing stock.
H. Community input received during the creation of KHOP
demonstrated a willingness from the public to incorporate the development
of additional ADUs as a method to gradually increase density in single-family
neighborhoods.
I. KHOP identifies removing barriers to ADU construction as a
near-term, high priority action item consistent with the Cities housing policy
goals to increase entry level homeownership opportunities.
J. In 2022, the City applied for and received a Department of
Commerce Housing Action Plan Implementation (HAPI) grant to create a
naturally occurring affordable housing dashboard and update development
regulations for ADUs.
K. Feedback from the public for increasing the development of
ADUs has demonstrated a need for the City to reduce financial and
regulatory barriers in order to encourage additional ADU construction.
2
Re: Accessory Dwelling Units (ADU)
L. The ADU code update project included a robust public
engagement and research process, including an evaluation of best practices;
comparison with neighboring jurisdictions; interviews with parties who have
built or want to build ADUs; and online and in person public engagement.
M. The City has identified the need for amendments to its
development regulations to provide clarity, remove barriers, improve
implementation of established policies, and create consistency with state
laws.
N. On April 10, 2023, the Land Use and Planning Board held a
regular meeting to discuss amendments to the City's ADU regulations.
O. On April 10, 2023, staff presented proposed amendments to
the City's ADU regulations to the Economic and Community Development
Committee.
P. On April 21, 2023, the City's SEPA Responsible Official issued
a Determination of Nonsignificance for these 2023 Accessory Dwelling Unit
Ordinance Update (ENV-2023-7/RPSA-2230850) pursuant to RCW 43.21C
and WAC 197-11.
Q. On April 24, 2023, a request for expedited review was sent to
the Washington State Department of Commerce, which acknowledged that
the request was received on April 24. 2023. On May 8, 2023, the City was
granted expedited review and was informed that it had met the Growth
Management Act notice requirements under RCW 36. 70A.106; Commerce
provided no comments on the proposal.
R. On April 24, 2023, after appropriate public notice, the Land Use
and Planning Board held a public hearing to consider the proposed code
amendments. All public comments received were in support of adopting the
3
Re: Accessory Dwelling Units (ADU)
proposed amendments. The Land Use and Planning Board recommended
adoption of the proposed amendments, as presented by staff, to the City
Council.
S. On May 8, 2023, the Economic and Community Development
Committee considered the recommendation of the Land Use and Planning
Board and made a recommendation to adopt the proposed ordinance to the
full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 7.02.050. Section 7.02.050 of the
Kent City Code, entitled "Separate meters required - Exceptions" is
amended as follows:
Sec. 7.02.050. Separate meters required - Exceptions. Except
as provided in this chapter, each separate building occupied as a dwelling or
as a place of business must have a separate water service and water meter.
Where the applicant desires to have two or more service pipes on the same
premises, #e they shall so state in Ws their application for a water
connection, and separate service pipes shall be run with individual stop
cocks to each water meter. Each mobile home park and each condominium
may be served by one water meter. Accessory dwelling units may be served
by the same water service and water meter as the principal dwelling unit.
No permit will be issued for an accessory dwelling unit served by a shared
water meter until the owner records a notice evidencing the shared meter
against the property with the King County recorder's office, at the owner's
expense, in a form acceptable to the city attorney. An accessory dwelling
unit served by the same water service and water meter as the principal
4
Re:Accessory Dwelling Units (ADU)
dwelling unit is subject to KCC 7.01.020 and 7,01.030. The city council may
enter into agreements with commercial and industrial users to allow more
than one building to be served by a single meter.
SECTION 2. -Amendment - KCC 7.04.220. Section KCC 7.04.220 of
the Kent City Code, entitled "Schedule of charges for service" is amended
as follows:
Sec. 7.04.220. Schedule of charges for service. King County
imposes a sanitary sewer service charge for regional sewage treatment.
These charges are passed through, without increase, directly to the city
sanitary sewer utility customers. The King County pass-through charge for
2017 is known and established. It is expected, however, that King County
will increase its pass-through charge over time. Accordingly, except for the
2017 charge, all other King County charges are estimates only. In order to
simplify the rate-making structure, the finance director is authorized to
amend King County's pass-through charges at the time King County imposes
new charges.
Beginning January 1, 2018, and on the first day of each calendar year
thereafter, the total sewer rate will adjust by the Consumer Price Index
(CPI), specifically the CPI-W Seattle-Tacoma-Bellevue, measured from June
1st through June 1st of the previous calendar year, if the CPI-W reflects an
upward adjustment from the previous annual June to June period. For the
years 2018-2022 the adjustment will not exceed 2.4 percent of the total
sewer rate, but after that, beginning January 1, 2023, any increase in the
CPI will not be subject to this 2.4 percent limit. In order to simplify the rate-
making structure, the finance director is authorized to amend the rate each
year to reflect the CPI adjustment.
5
Re: Accessory Dwelling Units (ADU)
In addition, the year 2017 city rate for all types of service is subject to any
CPI or King County rate increases; for the year 2018 the city rate will
increase $1.25 in addition to any CPI or King County rate increases; and for
the year 2019 the city rate will increase $0.50 in addition to any CPI or King
County rate increases.
The following sanitary sewer service charges for city sanitary sewer service
are in effect on the dates and in the amounts listed below:
King Total
City Sewer County Sewer
Type of Service Rate Sewer Rate
Rate t
1. "Single-family dwelling," as defined in Chapter 15.02 $22.16* $44.22 $66.38
KCC.
2. Residential property with two or more dwelling units $22.16 $44.22 $66.38
when each dwelling unit is separately metered and per unit per unit per unit
charged. "Dwelling unit" includes "duplex" and
"multifamily dwelling" as those terms are defined in
Chapter 15.02 KCC.
3. Residential property with two or more dwelling units $22.16 $44.22 $66.38
that are serviced by the same meter. This includes per unit per unit per unit
"duplex" and "accessory dwelling trait units," but excludes
"multifamily dwelling," as those terms are defined in
Chapter 15.02 KCC.
4. All other than service types 1, 2, 3, and 4 shall be $8.85** per 100 cubic feet per
billed in accordance with the consumption of water and at month
the following rate,* except that no monthly bill shall be
less than the single-family residential rate set forth in
service type No. 1. This includes a "multifamily dwelling"
with `dwelling units"that are not separately metered and
charged, as those terms are defined in Chapter 15.02
KCC.
t Estimated, based on adjustments issued by King County.
* Customers who qualify for the lifeline utility rate, set forth in KCC 7.01.070, will receive a
rate reduction of 60 percent from the city's sewer rate.
** Beginning January 1, 2018, this rate will adjust annually based on the basic rate shown
for service types 1 and 2 above, calculated on this formula: Total Sewer Rate/7.5 = price per
100 cubic ft. per month.
6
Re:Accessory Dwelling Units (ADU)
SECTION 3. -Amendment - KCC 12.14.070. Section KCC 12.14.070
of the Kent City Code, entitled "Exemptions" is amended as follows:
Sec. 12.14.070. Exemptions.
A. The following shall be exempted from the payment of all
transportation impact fees:
1. Alteration or replacement of an existing nonresidential
structure that does not expand the usable space or change the existing land
use.
2. Miscellaneous improvements which do not generate increased
p.m. peak hour person trips, including, but not limited to, fences, walls,
residential swimming pools, and signs.
3. Demolition or moving of a structure when additional p.m. peak
hour person trips are not generated.
4. A change of use that has less impact than the existing use shall
not be assessed a transportation impact fee.
5. Construction of an accessory residential structure, including the
first accessory dwelling unit ADU under KCC 15.08.350, as it is considered
part of the single-family use associated with this fee. Subsequent ADU
permits shall be charged 50% of the single-family unit impact fee.
B. The director shall be authorized to determine whether a particular
development activity falls within an exemption identified in this chapter, in
any other KCC provision, or under other applicable law. Determinations of
the director shall be in writing and shall be subject to the appeals procedures
set forth in KCC 12.14.100.
7
Re: Accessory Dwelling Units (ADU)
SECTION 4, - Amendment- KCC 12.16.090. Section KCC 12.16.090
of the Kent City Code, entitled "Exemptions" is amended as follows:
Sec. 12.16.090. Exemptions.
A. The park impact fees are generated from the formula for calculating
the fees set forth in this chapter. The amount of the impact fees is
determined by the information contained in the adopted park and open
space plan, park project list, and related documents, as appended to the
city's comprehensive plan. All development activity located within the city
shall be charged a park impact fee; provided, that the following exemptions
apply.
B. The following shall be exempt from parks impact fees:
1. Replacement of a structure with a new structure having the
same use, at the same site, and with the same gross floor area, when such
replacement is within 12 months of demolition or destruction of the previous
structure.
2. Alteration, expansion, or remodeling of an existing dwelling or
structure where no new units are created and the use is not changed.
3. Construction of an accessory residential structure, including the
first accessory dwelling unit ADU under KCC 15.08.350, as it is considered
part of the single-family use associated with this fee. Subsequent ADU
permits shall be charged 50% of the single-family unit impact fee.
4. Miscellaneous improvements including but not limited to
fences, walls, swimming pools, and signs that do not create an increase in
demand for park services.
5. Demolition of or moving an existing structure within the city
from one site to another.
8
Re;Accessory Dwelling Units (ADU)
6. Change of Use. A development permit for a change of use that
has less impact than the existing use shall not be assessed a park impact
fee.
7. A fee payer required to pay for system improvements pursuant
to RCW 43.21C.060 shall not be required to pay an impact fee for the same
improvements under this chapter.
C. The director shall be authorized to determine whether a particular
development activity falls within an exemption identified in this section.
Determinations of the director shall be subject to the appeals procedures set
forth in KCC 12.16.100.
SECTION 5. -Amendment - KCC 15.02.005. Section KCC 15.02.005
of the Kent City Code, entitled "Accessory use or structure" is amended as
follows:
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; eeeesseFy
dwelling units, guest cottages, sheds, storage buildings, and workshops.
SECTION 6. -Amendment - KCC 15.02.114. Section KCC 15.02.114
of the Kent City Code, entitled "Duplex" is amended as follows:
Sec. 15.02.114. Duplex/Two Family Dwelling. Duplex two family
dwelling means one (1) detached residential building containing two (2)
dwelling units totally separated from each other by a one (1) hour fire wall
or floor, designed for occupancy by not more than two (2) families.
Accessory dwelling units attached to a principal dwelling unit regardless of
9
Re:Accessory Dwelling Units (ADU)
the presence of a fire wall are not considered duplexes for the purposes of
land use and zoning regulations.
SECTION 7. - Amendment - KCC 15.04.030. Section KCC 15.04.030
of the Kent City Code, entitled "Residential land use development conditions"
is amended as follows:
Sec. 15.04.030. Residential land use development conditions.
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
allowed, are only permissible in a mixed-use overlay and must be included
within a mixed-use development.
3. Assisted living facilities, residential facilities with health care,
and independent senior living facilities, when not combined with commercial
or office uses, require a minor conditional use permit and are subject to the
following conditions:
a. Must be located within one-half mile of publicly
accessible amenities in at least three of the following categories, as
determined by the economic and community development director. The
distance shall be measured as the shortest straight-line distance from the
property line of the proposed facility to the property line of the entities listed
below:
i. Public park or trail, as identified in the city's most
recently adopted park and open space plan, or owned or maintained by any
agency of the state, or any political subdivision thereof;
ii. Preschool, elementary, or secondary school
(public or private);
10
Re: Accessory Dwelling Units (ADU)
I
iii. Indoor recreational center (community center,
senior center, physical recreation facility, bingo or casino hall);
iv. Church, religious institution, or other place of
worship;
V. Cultural arts center (theater, concert hall, artistic,
cultural, or other similar event center);
vi. Retail services, including, but not limited to:
medical services; food and beverage establishments; shopping centers; or
other commercial services that are relevant (reasonably useful or germane)
to the residents of the proposed facility, as determined by the city's
economic and community development director.
b. Alternatively, if the facility provides amenities in one or
more of the categories listed in subsection (3)(a) of this section on the
ground floor of the facility itself, oriented towards the public (meaning that
they are visible, accessible, and welcoming), the number of other amenities
to which a half-mile proximity is required may be reduced, at the discretion
of the city's economic and community development director.
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
prohibited 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 buildings for existing dwellings
may be constructed 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.
8. Accessory structures composed of at least two walls and a roof,
not inc►uding accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
1 11
Re:Accessory Dwelling Units (ADU)
9. Farm dwellings appurtenant to a 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 ' 5.^�460 15.08.350. Accessory
dwelling units that are attached to or contained within existing single-family
residences are not subject to residential design review.
11. Customary incidental home occupations subject to the
provisions of KCC 15.08.040.
12. Multifamily buildings and transitional housing are only allowed
on parcels where hotels or motels exist as of August 17, 2021, and are
subject to a maximum dwelling unit density that is equal to the number of
hotel rooms. (For transitional housing, density shall be calculated based on
beds rather than dwelling units.) Replacement and remodel of existing hotels
and motels are both allowed, and new or reconstructed development is not
limited to the same footprint or height as existing buildings. Multifamily
buildings and transitional housing are governed by the density limit
described herein as well as the development standards in the zoning district.
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 operators and employees, but not
accommodations for transient labor.
12
Re:Accessory Dwelling Units (ADU)
18. 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 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.
21. [Reserved].
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:
rn
� . ,
S 216 S
s n si
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to Chapter
13
Re:Accessory Dwelling Units (ADU)
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 the line of sight means that it is possible to
reasonably visually distinguish and recognize individuals. For the purposes
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 the line of sight. During the conditional use permit
process for a secure community transition facility, the 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
statewide, regional, or countywide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
a. A designated manufactured home must be a new
manufactured home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space from
14
Re;Accessory Dwelling Units (ADU)
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;
C. The designated manufactured home shall comply with all
city design standards applicable to all other single-family homes;
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
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 or
similar dwelling units with ownership interest and recorded as such prior to
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;
b. Adequate and clearly defined working space must
constitute no less than 50 percent of the gross floor area of the live-work
unit. Said working space shall be reserved for and regularly used by one or
more persons residing 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;
15
Re:Accessory Dwelling Units (ADU)
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. [Reserved];
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. For assisted living facilities, residential facilities with health care,
and independent senior living facilities, each residential care unit is
considered one dwelling unit for purposes of density calculations. For
transitional housing, one bed is considered one dwelling unit for the
purposes of density calculations.
30. Conditional use when the number of residents exceeds 20 at
any one time or more than four resident staff.
31. Emergency housing and emergency shelter facilities are
allowed in the MR-D, MR-G, MR-M, and MR-H zoning districts, in conjunction
with an approved conditional use permit that satisfies the below conditions,
and must satisfy the requirements of RCW 35A.21.360(10) prior to opening.
a. General conditions. Emergency housing and emergency
shelter facilities are subject to the following general conditions:
i. The emergency housing or shelter facility must be
located on the same lot as an actively operating church or similar religious
institution.
16
Re; Accessory Dwelling Units (ADU)
ii. At the time of application for the conditional use
permit, there shall be no other approved emergency housing or shelter
facility located within 1,000 feet of the proposed emergency housing or
shelter facility site. For the purposes of this subsection, distance shall be
measured in a straight line between the closest property line of the existing
facility and the closest property line of the proposed facility. For purposes of
this section, if the city receives applications for proposed facilities that are
within 1,000 feet of each other, the first complete application received by
the city shall be given priority.
iii. An emergency housing facility and an emergency
shelter facility may not be permitted on the same lot simultaneously.
iv. Emergency housing and shelter facilities shall be
permitted to operate for a maximum of 90 consecutive days, and there shall
be a minimum period of 90 consecutive days between operational periods
during which the emergency housing or shelter facility does not operate. The
90-day period of nonoperation shall apply to the operation of an emergency
housing facility followed by an emergency shelter facility and vice versa.
V. The building footprint of the emergency housing
or shelter facility cannot exceed the building footprint of the church or similar
religious institution that exists on the same lot.
vi. The church or similar religious institution on the
same lot as the emergency housing or shelter facility shall be primarily
responsible for the operation and maintenance of the facility itself, as well
as the conduct of the residents of the facility on and in the immediate vicinity
of the lot, to the maximum extent permitted by law, regardless of whether
the organization contracts with a third party for the provision of any services
related to the facility itself or its residents.
vii. The emergency housing or shelter facility shall
comply with the setbacks and landscaping requirements for churches, as
identified in KCC 15.08.020(A).
17
Re:Accessory Dwelling Units (ADU)
viii. The possession or use of illegal drugs at an
emergency housing or shelter facility or the property occupied by the facility
is prohibited.
ix. Emergency housing or shelter facilities shall be
responsible for the safety of residents of the facility, and shall establish a
plan to remove individuals who present a threat to other residents or the
property of other residents.
X. In the event of a public health emergency, the city
may require an emergency response plan that is in substantial compliance
with relevant guidance and requirements issued by Public Health - Seattle
and King County in response to the public health emergency.
xi. Emergency housing and shelter facilities must
comply with all applicable fire and building codes set forth in Chapters 13.01
and 14.01 KCC.
xii. The church or religious institution must provide
the city written documentation of the following:
(a) A description of the proposed staffing and
operational characteristics, including confirmation of sanitation and basic
safety measures required for emergency shelters.
(b) A description of the proposed population to
be served and code of conduct to be observed including conflict resolution
steps.
(c) Criteria for rejection or removal of an
individual seeking access to the facility.
(d) A plan for managing the exterior
appearance of the proposed site including trash/litter.
(e) A phone number, email, and point of
contact at the site of the facility for the community to report concerns.
(f) A plan for addressing reported concerns
and documenting resolution, and making this information publicly available.
18
Re: Accessory Dwelling Units (ADU)
(g) A proposed site plan showing compliance
with all requirements set forth in this subsection (31) and applicable fire and
building codes set forth in Chapters 13.01 and 14.01 KCC.
xiii. Emergency housing and shelter facilities must
have two naloxone (Narcan) kits onsite, and staff must be trained in how to
administer the naloxone (Narcan).
xiv. The possession of any of the weapons described
in RCW 9.41.280(1) at an emergency housing or shelter facility or the
property occupied by the facility is prohibited.
b. Emergency housing facilities - Additional conditions.
Emergency housing facilities must operate pursuant to an agreement with
the city, approved by the director of economic and community development,
and are subject to the following additional conditions:
i. The emergency housing facility must be located
within a permanent, enclosed building.
ii. The emergency housing facility must be located
on a lot that is a minimum of one acre in size.
C. Emergency shelter facilities - Additional conditions.
Emergency shelter facilities must be located within a temporary structure as
described below, and are subject to the following additional conditions:
i. Emergency shelter facilities are limited to a
maximum sleeping occupancy of 35 people. The design of the temporary
structure shall include an occupant load factor of a minimum of 50 square
feet per occupant and a three-foot aisle around the entire inside perimeter
of the tent.
ii. The emergency shelter facility must be located on
a lot that is a minimum of two acres in size.
iii. Emergency shelter facilities must be within a
single, large temporary enclosure, such as a tensile membrane structure, or
within multiple identical temporary enclosures, such as matching vinyl
19
Re:Accessory Dwelling Units (ADU)
canvas tents, that are a minimum of 400 square feet in size. If the floor of
a temporary enclosure does not provide insulation from the ground, camping
cots or other off-ground sleeping structures must be provided. The use of
small, individual tents or makeshift structures including, without limitation,
those created with tarps or plastic is prohibited.
iv. Gasoline-powered generators are prohibited.
V. Smoking or open flames inside the temporary
structure are prohibited, and the use of portable heaters within personal
tents is prohibited. All heating equipment shall be in accordance with the
adopted fire code.
vi. Emergency shelter facilities shall provide
sanitation and basic safety measures including the following:
(a) One portable or permanent toilet per 20
persons at a minimum, with a handwashing station at each toilet.
(b) Rodent-proof litter receptacles and food
storage containers.
(c) Two large first-aid kits that include
emergency eye wash bottles.
(d) Secured area for dry supplies storage
(blankets, clothing, food, first-aid).
(e) Covered kitchen area at least 20 feet from
any sleeping areas, with handwashing and dishwashing stations stocked with
soap.
(f) Cleaning supplies including work gloves,
disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks,
buckets, paper towels, etc.
(g) Feminine hygiene products.
(h) Three- to four-foot-wide aisle between
sleeping structures so as to be ADA compliant and accessible by emergency
services personnel.
20
Re: Accessory Dwelling Units (ADU)
32. The following restrictions apply to all group homes:
a. A group home is considered a single-family residential
use and shall not be combined with another residential use on the same
parcel including, but not limited to, a communal residence or short-term
rental;
b. A city of Kent business license is required in accordance
with Chapter 5.01 KCC;
C. The applicant is responsible for obtaining any relevant
required state licenses and providing an up-to-date copy of any relevant
state license, or proof one is not required by the state, to the city of Kent
prior to approval of a city business license;
d. Family members of the provider may live in the group
home, but such members are limited only to a spouse and children of the
provider or spouse, and are subject to the background check requirements
of WAC 388-73-10166 and 388-76-10161; and
e. An accessory dwelling unit is permitted only if used as
part of the operation of a group home and may not be leased or sub-leased
to a separate family.
f. Group homes functioning as permanent supportive
housing are subject to a spacing requirement as follows: At the time of
application for business license, there shall be no other approved group
home functioning as permanent supportive housing located within 1,000 feet
of the proposed group home functioning as supportive housing. There shall
also be no public schools within 1,000 feet of the proposed group home
functioning as supportive housing. For the purposes of this subsection,
distance shall be measured in a straight line between the closest property
line of the existing facility and the closest property line of the proposed
facility. For purposes of this section, if the city receives applications for
proposed facilities that are within 1,000 feet of each other, the first complete
application received by the city shall be given priority.
21
Re:Accessory Dwelling Units (ADU)
33. The following restrictions apply to all communal residences:
a. A city of Kent business license is required in accordance
with Chapter 5.01 KCC;
b. No more than three rooms within the home or accessory
structure may be separately leased or sub-leased; and
C. Each room being leased or sub-leased shall have
adequate space, light, electricity, heating, emergency egress, a smoke
detector, and access to adequate sanitation and eating facilities pursuant to
the International Residential Code and International Property Maintenance
Code as adopted in Chapter 14.01 KCC. Adequate space means floor area of
no less than 70 square feet in size, no less than seven feet of ceiling height,
and shall not have any horizontal dimension less than seven feet. Egress
means one emergency escape rescue opening at least 5.7 square feet, 24
inches high, and 20 inches wide.
34. The following restrictions apply to short-term rentals:
a. A city of Kent business license is required in accordance
with Chapter 5.01 KCC;
b. The home shall be occupied by the owner or a
nontransient tenant for at least six months of each year;
C. No more than three rooms within the home or accessory
structure may be offered as short-term rentals; and
d. The applicant is responsible for complying with the short-
term rental requirements of Chapter 64.37 RCW.
35. Subject to an approved conditional use permit meeting the
conditions set forth below, emergency housing facilities are allowed in the
DC, DCE, MTC-1, MTC-2, MCR, CM, GC, and I1 zoning districts, and
emergency shelters are not allowed in these same districts. Prior to opening,
the requirements of RCW 35A.21.360(10) must be satisfied, whether or not
the owner or operator is a religious organization.
22
Re:Accessory Dwelling Units (ADU)
a. Genera/ conditions. Emergency housing facilities are
subject to the following additional conditions:
i. The emergency housing facility must be located
within a permanent, enclosed building.
ii. The emergency housing facility must be located
on a lot that is a minimum of one acre in size.
iii. Emergency housing facilities must operate
pursuant to an agreement with the city, approved by the director of
economic and community development.
iv. At the time of application for the conditional use
permit, there shall be no other approved emergency housing or shelter
facility located within 1,000 feet of the proposed emergency housing facility
site. For the purposes of this subsection, distance shall be measured in a
straight line between the closest property line of the existing facility and the
closest property line of the proposed facility. For purposes of this section, if
the city receives applications for proposed facilities that are within 1,000
feet of each other, the first complete application received by the city shall
be given priority.
V. Emergency housing facilities shall be permitted to
operate for a maximum of 90 consecutive days, and there shall be a
minimum period of 90 consecutive days between operational periods during
which the emergency housing facility does not operate. The 90-day period
of nonoperation shall apply to the operation of any emergency housing
facility followed by an emergency shelter facility and vice versa.
vi. The person or organization that owns or operates
the facility shall be primarily responsible for the operation and maintenance
of the facility itself, as well as the conduct of the residents of the facility on
and in the immediate vicinity of the lot, to the maximum extent permitted
by law, regardless of whether the person or organization contracts with a
23
Re:Accessory Dwelling Units (ADU)
third party for the provision of any services related to the facility itself or its
residents.
vii. The possession or use of illegal drugs at an
emergency housing facility or the property occupied by the facility is
prohibited.
viii. Emergency housing facilities shall be responsible
for the safety of residents of the facility, and shall establish a plan to remove
individuals who present a threat to other residents or the property of other
residents.
ix. In the event of a public health emergency, the city
may require an emergency response plan that is in substantial compliance
with relevant guidance and requirements issued by Public Health - Seattle
and King County in response to the public health emergency.
X. Emergency housing facilities must comply with all
applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC.
xi. The owner or operator of the emergency housing
facility must provide the city written documentation of the following:
(a) A description of the proposed staffing and
operational characteristics.
(b) A description of the proposed population to
be served and code of conduct to be observed including conflict resolution
steps.
(c) Criteria for rejection or removal of an
individual seeking access to the facility.
(d) A plan for managing the exterior
appearance of the proposed site including trash/litter.
(e) A phone number, email, and point of
contact at the site of the facility for the community to report concerns.
(f) A plan for addressing reported concerns
and documenting resolution, and making this information publicly available.
24
Re:Accessory Dwelling Units (ADU)
(g) A proposed site plan showing compliance
with all requirements set forth in subsection (35) of this section and
applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC.
xii. Emergency housing facilities must have two
naloxone (Narcan) kits onsite, and staff must be trained in how to administer
the naloxone (Narcan).
xiii. The possession of any of the weapons described
in RCW 9.41.280(1) at an emergency housing or shelter facility or the
property occupied by the facility is prohibited.
36. Isolation and quarantine facilities are subject to the following
general conditions:
a. An isolation and quarantine facility may operate under a
temporary use permit for 180 days as authorized by KCC 15.08.205. Any
use beyond 180 days requires a conditional use permit in accordance with
KCC 15.09.030.
b. A minimum six-foot-tall perimeter fence with controlled
access shall be installed prior to operation of the facility.
C. Onsite security personnel shall be present 24 hours a
day, seven days a week to discourage quarantined or isolated individuals
from leaving the facility and to control access.
d. The operator shall provide meals, medical services,
supplies, counseling, and other services as needed to individuals housed at
the facility.
e. The operator shall provide any necessary medical
transportation service.
f. The operator shall provide transportation for residents to
and from the facility to ensure they are not reliant on public transportation.
g. The possession or use of illegal drugs at an isolation and
quarantine facility or the property occupied by the facility is prohibited.
25
Re:Accessory Dwelling Units (ADU)
h. The facility will comply with applicable state and local
building, plumbing, electrical, mechanical, utilities, and fire code
requirements during operation of the temporary quarantine and isolation
facility.
i. Prior to the issuance of a temporary use permit or a
conditional use permit, the operator of the isolation and quarantine facility
shall provide the city a written operational plan that includes:
i. A plan for meeting the general conditions listed in
this subsection (36).
ii. A description of the proposed staffing and
operational characteristics.
iii. A description of the proposed population to be
served.
iv. A phone number, email, and point of contact at
the site of the facility for the community to report concerns.
V. A plan for addressing reported concerns and
documenting resolution, and making this information publicly available.
vi. A plan for transporting individuals back to their
location of residence following the completion of the isolation or quarantine
period.
SECTION S. - Amendment - KCC 15.05.040. Section KCC 15.05.040
of the Kent City Code, entitled "Parking standards for specific activities" is
amended as follows:
Sec. 15.05.040. Parking standards for specific activities.
A. Standards for the number of parking spaces for specific activities are
indicated in the following chart:
26
Re:Accessory Dwelling Units (ADU)
SPECIFIC LAND USE PARKING SPACE REQUIREMENT
Living activities
Single-family Two parking spaces per single-family dwelling.
Duplex Two parking spaces per dwelling unit.
Multifamilyl,z,3,4 One parking space per unit for efficiency
apartments in all sized developments; two parking
spaces for each dwelling unit for developments with
49 or less dwelling units; one and eight-tenths
parking spaces per dwelling unit for developments
of 50 or more dwelling units.
Accessory dwelling unit One off-street parking space per accessory unit is
required in addition to the required parking for the
single-family home. No off-street parking is
required if principal single-family dwelling is within
1/4 mile distance of a major transit stop as defined
by RCW 36.70A.696. The planning director may
waive this requirement where there are special
circumstances related to the property, awl--its
location,and the right-of- way. The surface of a
required ADU off-street parking space shall comply
with KCC 15.05.090(E).
Boardinghouses and lodging houses One parking space for the proprietor, plus one
space per sleeping room for boarders or lodging
use, plus one additional space for each four persons
employed on the premises.
Mobile and manufactured home Two parking spaces for each mobile home site.
parks
Recreational vehicle park One parking space for each site.
Hotels5 One parking space for each guest room, plus two
parking spaces for each three employees.
Commercial activities
Banks6 One parking space for each 200 square feet of
gross floor area, except when part of a shopping
center.
Professional and business offices6 One parking space for each 250 square feet of
gross floor area, except when part of a shopping
center.
Shopping centers' Four and one-half spaces per 1,000 square feet of
gross leaseable area (GLA) for centers having GLA
of less than 400,000 square feet, and five spaces
27
Re:Accessory Dwelling Units (ADU)
SPECIFIC LAND USE PARKING SPACE REQUIREMENT
per 1,000 square feet of GLA for centers having a
GLA of over 400,000 square feet.
Restaurants, nightclubs, taverns and One parking space for each 100 square feet of
lounges8 gross floor area, except when part of a shopping
center.
Retail stores, supermarkets, One parking space for each 200 square feet of
department stores and personal gross floor area, except when located in a shopping
service shops9 center.
Other retail establishments; One parking space for each 500 square feet of
furniture, appliance, hardware gross floor area, except when located in a shopping
stores, household equipment service center.
shops, clothing or shoe repair
shops10
Drive-in businessll One parking space for each 100 square feet of
gross floor area, except when located in a shopping
center,
Uncovered commercial area, new One parking space for each 5,000 square feet of
and used car lots, plant nursery retail sales area in addition to any parking
requirements for buildings, except when located in
a shopping center.
Motor vehicle repair and services One parking space for each 400 square feet of
gross floor area, except when part of a shopping
center.
Industrial showroom and display One parking space for each 500 square feet of
display area.
Bulk retail stores One parking space for each 350 square feet of
gross floor area.
Industrial activities
Manufacturing and industrial uses, One parking space for each 1,000 square feet for
including warehouses, storage 90% of the gross floor area, and one parking space
buildings, and speculative per 250 square feet for 10% of the gross floor area.
warehouse and industrial buildings When total of uses other than manufacturing and
with multiple use or tenant potential industrial exceeds 10% of the gross floor area, the
parking requirements for those uses shall apply.
Recreation-amusement activities
Auditoriums, theaters, places of One parking space for each four fixed seats, or one
public assembly, stadiums, and parking space for each 100 square feet of floor area
outdoor sports areas12 of main auditorium or of principal place of assembly
not containing fixed seats, whichever is greater.
Bowling alleys13 Five spaces for each alley, except when located in a
shopping center.
28
Re:Accessory Dwelling Units (ADU)
SPECIFIC LAND USE PARKING SPACE REQUIREMENT
Dance halls and skating rinks14 One parking space for each 200 square feet of
gross floor area, except when located in a shopping
center.
Golf driving ranges One parking space for each driving station.
Miniature golf courses One parking space for each hole.
Recreational buildings, whether One parking space for each 200 square feet of
independent or associated with a gross floor area. Such spaces shall be located
multifamily complex adjacent to the building and shall be designated for
visitors by signing or other special markings.
Educational activities
Senior high schools, public, One space for each employee plus one space for
parochial, and private each 10 students enrolled. In addition, if buses for
the transportation of children are kept at the
school, one off-street parking space shall be
provided for each bus, of a size sufficient to park
each bus.
I
One additional parking space for each 100 students
shall be provided for visitors in the vicinity of or
adjacent to the administration portion of the
building or complex. Such parking spaces shall be
so designated by signing or other special marking
as approved by the traffic engineer.
Colleges and universities and Two and one-half parking spaces for each
business and vocational schools15 employee, plus one space for each three students
residing on campus, plus one space for each five
day students not residing on campus. In addition, if
buses for transportation of students are kept at the
school, one off-street parking space shall be
provided for each bus, of a size sufficient to park
each bus.
One additional parking space for each 100 students
shall be provided for visitors in the vicinity of or
adjacent to the administration portion of the
building or complex. Such parking spaces shall be
so designated by signing or other special marking
as approved by the traffic engineer.
Elementary and junior high One parking space for each employee, plus one
parking space for every 50 student capacity
(Capacity means the designed capacity of the
school, even if actual enrollment varies by year). In
addition, if buses for transportation of students are
kept at the school, one off-street parking space
shall be provided for each bus, of a size sufficient to
park each bus. Consideration for student
29
Re:Accessory Dwelling Units (ADU)
SPECIFIC LAND USE PARKING SPACE REQUIREMENT
loading/unloading and pick-up/drop-off areas shall
be integrated in the site plan.
Libraries and museums One parking space for each 250 square feet in
office and public use.
Day-care centers One parking space for each employee, plus loading
and unloading areas,
Medical activities
Medical and dental offices16 One parking space for each 200 square feet of
gross floor area, except when located in a shopping
center.
Convalescent, nursing, and health One parking space for each two employees, plus
institutions one parking space for each three beds.
Hospitals One parking space for each three beds, plus one
parking space for each staff doctor, plus one
parking space for each three employees.
Religious activities
Churches, religious institutions, or One space for each five seats in the main
other places of worships' auditorium/gathering place; provided, that the
spaces for any institution shall not be less than 10.
One seat is equivalent to seven square feet, for
institutions that do not have seats in the main
gathering place. For all existing institutions
enlarging the seating capacity of their auditoriums,
one additional parking space shall be provided for
each five additional seats provided by the new
construction. For all existing institutions making
structural alterations or additions which do not
increase the seating capacity of the auditorium, no
additional parking need be provided.
Mortuaries or funeral homes One parking space for each 100 square feet of floor
area of assembly rooms.
Other uses For uses not specifically identified in this section,
the amount of parking required shall be determined
by the planning department, based on staff
experience, parking required for similar uses, and,
if appropriate, documentation provided by the
applicant.
1. Where enclosed garages are utilized to provide parking
required by this title, an 18-foot stacking space shall be provided in front of
such garage units; provided, however, the planning director shall have the
30
Re: Accessory Dwelling Units (ADU)
authority to approve alternative plans where the developer can assure that
such garage units will continue to be available for parking purposes and will
not cause onsite parking or circulation problems. These assurances include
but are not limited to: (a) covenants that run with the land or homeowners'
association that require garages to be utilized for the storage of vehicles,
(b) maintenance of drive aisle widths of 26 feet in front of each garage unit,
and (c) maintenance of minimum clearances for fire lanes on the site.
Special parking for recreational vehicles will not be required as long as the
facility does not permit recreational vehicles other than campers or vehicles
that will fit into a normal-sized parking stall. If recreational vehicles are to
be permitted on the development, they must be screened and fenced.
2. Exceptions for senior citizen apartments in multifamily
buildings:
a. The multifamily parking requirement may be reduced as
determined by the planning director. The planning director shall base his/her
decision on a parking study that supports one or more of the following:
i. Availability of private, convenient, regular
transportation services to meet the needs of the tenants;
ii. Accessibility to and frequency of public
transportation;
iii. Pedestrian access to health, medical, and
shopping facilities;
iv. Minimum age requirement to reside in subject
apartments;
V. Special support services offered by the facility;
vi. Other documentation or standards that support a
permanent reduction of parking stalls.
3. In MTC-1, MTC-2, and MCR zoning districts, a minimum of
three-fourths parking space per dwelling unit, or conduct a parking
31
Re:Accessory Dwelling Units (ADU)
feasibility study to determine need. No spaces provided for recreation
vehicles.
4. For senior developments in MTC-1, MTC-2, and MCR zoning
districts, one parking space for every four dwelling units, or conduct a
parking feasibility study to determine need.
5. In MTC-1, MTC-2, and MCR zoning districts, one parking space
for each guest room, plus two parking spaces for every five employees, or
conduct a parking feasibility study to determine need.
6. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, except when part of a shopping center,
or conduct a parking feasibility study to determine need; in MTC-2 zoning
district, one parking space for every 500 square feet of gross floor area, or
conduct a parking feasibility study to determine need.
7. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, or conduct a parking feasibility study to
determine need.
8. In MTC-1 and MCR zoning districts, one parking space for every
200 square feet of gross floor area, or conduct a parking feasibility study to
determine need; in MTC-2 zoning district, a minimum of one parking space
for every 300 square feet of gross floor area, or conduct a parking feasibility
study to determine need. No parking is required if use is 3,000 square feet
or less and with a parking supply of at least 20 spaces within 500 feet or
1,000 feet of a public garage.
9. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, or conduct a parking feasibility study to
determine need; in MTC-2 zoning district, one parking space for every 500
square feet of gross floor area, or conduct a parking feasibility study to
determine need. No parking is required if use is 800 square feet or less and
with a parking supply of at least 20 spaces within 500 feet or 1,000 feet of
a public garage.
32
Re: Accessory Dwelling Units (ADU)
10. In MTC-1, MTC-2, and MCR zoning districts, one parking space
for every 1,000 square feet of gross floor area, or conduct a parking
feasibility study to determine need. No parking is required if use is 800
square feet or less and with a parking supply of at least 20 spaces within
500 feet or 1,000 feet of a public garage.
11. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, except when located in a shopping
center.
12. In MTC-1 and MCR zoning districts, conduct a parking feasibility
study to determine need.
13. In MTC-1 and MCR zoning districts, three parking spaces for
each alley, except when located in a shopping center.
14. In MTC-1 and MCR zoning districts, one parking space for every
500 square feet of gross floor area, or conduct a parking feasibility study to
determine need.
15. In MTC-1, MTC-2, and MCR zoning districts, conduct a parking
feasibility study to determine need.
16. In MTC-1, MTC-2, and MCR zoning districts, a minimum of one
parking space for every 400 square feet of gross floor area, or conduct a
parking feasibility study to determine need.
17. In MTC-1, MTC-2, and MCR zoning districts, one parking space
for every 10 seats in the main auditorium; provided, that the spaces for any
church shall not be less than 10. For all existing churches enlarging the
seating capacity, one additional parking space shall be provided for every
10 seats provided by the new construction.
B. Mixed occupancies or mixed use if one occupancy. In the case of two
or more uses in the same building, the total requirements for off-street
parking facilities shall be the sum of the requirements for the several uses
computed separately; except in shopping centers, and except as provided
I
33
Re:Accessory Dwelling Units (ADU)
i
in the mixed use overlay, KCC 15.04.200. Off-street parking facilities for one
use shall not be considered as providing required parking facilities for any
other use, except as permitted in subsection (C) of this section pertaining to
joint use.
C. Joint use. The minimum amount of off-street parking required by
subsection (A) of this section may be reduced by the planning director when
shared parking facilities for two or more uses are proposed if:
1. The total parking area exceeds 5,000 square feet;
2. The parking facilities are designed and developed as a single
onsite common parking facility, or as a system of onsite and offsite facilities
if all facilities are connected with improved pedestrian facilities and located
within 500 feet of the buildings or use areas they are intended to serve;
3. The amount of reduction in off-street parking does not exceed
10 percent per use unless it is documented that the peak parking demand
hours of two or more uses are separated by at least one hour;
4. The subject properties are legally encumbered by an easement
or other appropriate means which provide for continuous joint use of the
parking facilities. Documentation shall require review and approval by the
city attorney; and
5. The total number of parking spaces in the shared parking
facility is not less than the minimum required by any single use.
D. Employee parking. Where employee parking will be maintained
separately and in addition to parking for the general public, the regulations
of this subsection shall apply:
1. Minimum parking stall sizes, aisle widths, and percentage of
compact car stalls shall be as per other requirements in this chapter.
2. Employee parking must be clearly identified as such and not
become parking for the general public.
34
Re: Accessory Dwelling Units (ADU)
3. If the employee parking is changed to parking for the general
public, the normal regulations for off-street parking shall be in force.
4. Employee parking shall not be in lieu of parking requirements
per activity as stated in this section.
E. Temporary parking facilities. Temporary parking facilities may be
permitted by the planning director when it has been shown that:
1. The existing use of the subject property has adequate legal
nonconforming parking or that existing parking conforms to the applicable
standards of this title.
2. The temporary parking facility is primarily intended to serve
the public at large and not the existing use on the property.
3. The temporary parking facility serves a public need.
4. The temporary facility meets the following minimum standards:
a. There shall be a minimum of 285 square feet gross area
per stall.
b. The pavement section shall be a minimum of four inches
of five-eighths-inch minus C.R. crushed rock with bituminous surface
treatment, subject to engineering department review.
C. Onsite drainage control and detention shall be provided
per the drainage ordinance.
d. Ingress and egress and interior circulation and perimeter
control shall be subject to traffic engineer approval.
F. Compact car parking.
1. Parking stall size shall be a minimum of eight feet by 16 feet.
Aisle width shall be per the requirements of KCC 15.05.080 and Diagram
No. 1 following KCC 15.05.100.
2. Compact car parking spaces shall be clearly identified by
signing or other marking as approved by the city engineer.
35
Re: Accessory Dwelling Units (ADU)
3. Compact car parking spaces shall not exceed 30 percent of the
total required parking, and shall be distributed throughout the entire parking
area. For parking lots of more than 20 stalls, up to 50 percent of the total
required parking may be compact car parking spaces. Compact stalls cannot
be located along a fire lane in lots where the percentage of compact stalls
exceeds 30 percent, unless approved by the fire marshal.
4. See KCC 15.05.080 and diagram No. 1 following KCC
15.05.100 for typical compact car stall arrangements.
G. Transit and rideshare provisions.
1. The planning director may reduce the minimum number of off-
street parking stalls for businesses which have a commute trip reduction
program filed with the city. Based upon a review of this program and input
from other staff members, a reduction of up to 20 percent of the minimum
standard may be approved. Any reduction in the amount of required parking
is only valid for as long as the approved CTR program is in effect. An
invalidated program or a change in use or operations would result in the
application of the underlying standards per subsection (A) of this section.
2. The planning director may reduce the number of required off-
street parking stalls for businesses which do not have a commute trip
reduction program by one stall for every two car pool stalls, and/or one stall
for every one van pool stall if:
a. Reserved rideshare parking is located convenient to the
primary employee entrance;
b. Reserved areas are clearly marked by signs for use by
approved and qualified rideshare vehicles;
C. The use of reserved areas for rideshare parking is
actively enforced by the employer; and
d. The total reduction in the number of parking stalls does
not exceed 10 percent of the required stalls.
36
Re:Accessory Dwelling Units (ADU)
SECTION 9. - Amendment - KCC 15.08.160. Section KCC 15.08.160
of the Kent City Code, entitled "Accessory buildings" is amended as follows:
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 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 ethe
Fegulatiens eF eFdananees eenfliet r tle pj=6vfsiens i-R V,,+s subseEtier, thre
stFiete dens s#a* epp+y Accessory dwelling units are not considered
an accessory building subject to this section.
B. There shall be not more than one guest cottage
unit on any one lot. The guest cottage eF ADY 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 the economic and community
development director.. Aecessery dwelling tinier e-Fe a+se subjeet t-e toe
e�t+s+ ts e€ K-GE ' 5�35().
C. The combined footprint of all accessory buildings on a lot shall not
exceed 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:
37
Re.Accessory Dwelling Units (ADU)
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;
2. 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 10. - Repealer- KCC 15.08,350. Section 15.08.350 of the
Kent City Code, entitled "Accessory dwelling unit regulations" is hereby
repealed in its entirety.
SECTION 11. - Amendment - New KCC 15.08.350. Chapter 15.08
of the Kent City Code is amended to add a new Section 15.08.350, entitled
"Accessory dwelling unit (ADU) regulations", as follows:
Sec. 15.08.350. Accessory dwelling unit (ADU) regulations.
A. Intent. The City views accessory dwelling units (ADUs) as a method
to increase the diversity of housing stock within the City and to expand
affordable housing options. ADUs provide options for different household
types (single people, older people aging in place, people with disabilities,
multigenerational housing, and others).
B. Standards and criteria.
1. An ADU may be attached (established within or as an addition
to a single-family dwelling) or detached from the principal dwelling.
All ADUs not established within or as an addition to the principal dwelling
shall be deemed "detached," including those attached to an accessory
structure such as a garage or via an external-only connection like a
breezeway or shared roof form.
38
Re; Accessory Dwelling Units (ADU)
2. Two ADUs per lot are allowed in any of the following
configurations:
a. One attached and one detached accessory dwelling unit;
b. Two attached accessory dwelling units; or
C. Two detached accessory dwelling units.
3. ADU Location:
a. An ADU may be located anywhere on a lot if it conforms
with the setbacks required by this title.
b. An attached ADU must have the same setbacks as the
principal dwelling unit.
C. A detached ADU may be located in the rear one-half of
a lot and can be built to within two feet of the side and rear lot lines. If on a
corner lot it may be built to the side yard setback of the flanking street.
d. If the Planning Director determines that an ADU will be
infeasible due to lot shape, the location of existing structures, or other
factors, the Planning Director may grant modifications to this section.
e. All applicable health and safety standards shall apply,
including but not limited to building code standards and fire and life safety
standards.
4. A detached ADU shall not exceed twenty-four (24) feet in
height. Features such as chimneys, antennae and railings may extend up to
4 feet above the maximum allowed height.
5. The design and size of an ADU shall conform to the
requirements of all building, plumbing, electrical, mechanical, energy, fire,
health, and any other applicable codes. ADUs may not use metal, aluminum,
or fiberglass siding.
6. The maximum size of an accessory dwelling unit is 1,000
square feet. The maximum gross floor area allowed shall not be transferred
between units from one ADU to another. When calculating the square
I
39
Re:Accessory Dwelling Units (ADU)
footage of the ADU refer to KCC 15.02.170 definition of "gross floor area."
The gross floor area shall not include:
a. Areas with less than seven (7) feet of ceiling height, as
measured between the finished floor and the supporting members for the
roof.
b. Covered exterior elements such as decks and porches;
provided, the total size of all such covered exterior elements does not exceed
200 square feet.
C. If the detached ADU is built within, above, or in addition
to another accessory structure, the gross floor area of theaccessory
structure is not counted towards the gross floor area of the ADU.
7. Parking requirements are set forth in KCC 15.05.040.
8. Development standards listed in 15.04.170 not specified in this
section shall apply to all ADU development including, but not limited to,
building coverage, site coverage, impervious surface, and setbacks.
9. A covenant limiting the use of one of the dwelling units to an
owner occupant is not required and previously recorded covenants to that
effect may be released by the planning director. The cost of recording any
release shall be paid by the applicant. The release of the covenant does not
change or alter the established use or the accessory dwelling unit on the
property.
10. A permit application must be completed and approved for
all ADUs. The economic and community development department shall
determine the application requirements for an ADU permit.
11. An accessory dwelling unit and the principal dwelling may be
designated for separate ownership. However, the City does not regulate the
creation of condominiums or other common interest communities, which are
governed under state law (Uniform Common Interest Ownership Act,
Chapter 64.90 RCW).
40
Re:Accessory Dwelling Units (ADU)
12. The Planning Director may allow reasonable deviations from
these requirements due to site conditions and existing structures.
13. Any deviations granted by the planning director under this
section must demonstrate that the deviation does not interfere with or
negatively impact the operations of existing land uses and all legally
permitted uses within the zoning district it occupies; and does not constitute
a threat to the public health, safety, and welfare.
SECTION 12. - Current Applications. All applicants that have
submitted permit applications for accessory dwelling units prior to the
effective date of this ordinance may choose to have such applications
continue to be reviewed under the regulations in effect when their
application was submitted, or they may choose to have such applications
reviewed under the regulations adopted by this ordinance upon its effective
date without having to submit a new permit application. If an applicant elects
to have their accessory dwelling unit permit application reviewed under the
new regulations adopted by this ordinance, they shall notify the City's permit
center in writing.
SECTION 13. - AdoQtions by Reference. A true and correct copy of
RCW 36.70A.696, adopted and incorporated by reference in Section 8 of this
ordinance, is attached as Exhibit A.
SECTION 14. - 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 of this ordinance
and the same shall remain in full force and effect.
SECTION 15. - 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
41
Re: Accessory Dwelling Units (ADU)
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 16 - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage, as provided by law.
May 16, 2023
DANA RALPH, M Date Approved
ATTEST:
4/' ',: 'M A May 16, 2023
KIMBERLEY . KOMOTO, CITY CLERK Date Adopted
May 19, 2023
Date Published
AP O D AS TO FORM:
TAM Y HITE, CITY ATTORNEY
rE wt 'c S
tp y�,0.iRat �ej► s,�J���
i�'r(9�{[fij*5
Jx S M1 `Q 3_
42
Re; Accessory Dwelling Units (ADU)
EXHIBIT A
RCW 36.70A.696 Accessory dwelling units—Definitions. The
definitions in this section apply throughout RCW 36.70A.697 and
36.70A.698 unless the context clearly requires otherwise.
(1) "Accessory dwelling unit" means a dwelling unit located on
the same lot as a single-family housing unit, duplex, triplex,
townhome, or other housing unit.
(2) "Attached accessory dwelling unit" means an accessory
dwelling unit located within or attached to a single-family housing
unit, duplex, triplex, townhome, or other housing unit.
(3) "City" means any city, code city, and town located in a
county planning under RCW 36.70A.040.
(4) "County" means any county planning under RCW 36.70A.040.
(5) "Detached accessory dwelling unit" means an accessory
dwelling unit that consists partly or entirely of a building that is
separate and detached from a single-family housing unit, duplex,
triplex, townhome, or other housing unit and is on the same property.
(6) "Dwelling unit" means a residential living unit that provides
complete independent living facilities for one or more persons and
that includes permanent provisions for living, sleeping, eating,
cooking, and sanitation.
(7) "Major transit stop" means:
(a) A stop on a high capacity transportation system funded or
expanded under the provisions of chapter 81.104 RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including
transitways;
(d) Stops on bus rapid transit routes or routes that run on high
occupancy vehicle lanes; or
(e) Stops for a bus or other transit mode providing actual fixed
route service at intervals of at least fifteen minutes for at least
five hours during the peak hours of operation on weekdays.
(8) "fawner" means any person who has at least 50 percent
ownership in a property on which an accessory dwelling unit is
located.
(9) "Short-term rental" means a lodging use, that is not a hotel
or motel or bed and breakfast, in which a dwelling unit, or portion
thereof, is offered or provided to a guest by a short-term rental
operator for a fee for fewer than 30 consecutive nights. [2021 c 306
6 2; 2020 c 217 5 2.]
Findings—Intent 2020 c 217: " (1) The legislature makes the
following findings:
(a) Washington state is experiencing a housing affordability
crisis. Many communities across the state are in need of more housing
for renters, across the income spectrum. Accessory dwelling units are
frequently rented at below market rate, providing additional
affordable housing options for renters.
(b) Accessory dwelling units are often occupied by tenants who
pay no rent at all; among these tenants are grandparents, adult
children, family members with disabilities, friends going through life
transitions, and community members in need. Accessory dwelling units
meet the needs of these people who might otherwise require scarce
subsidized housing space and resources.
(c) Accessory dwelling units can meet the needs of Washington's
growing senior population, making it possible for this population to
age in their communities by offering senior-friendly housing, which
1 Exhibit A
(Ord 4464 Re:Accessory Dwelling Units(ADU)
prioritizes physical accessibility, in walkable communities near
amenities essential to successful aging in place, including transit
and grocery stores, without requiring costly renovations of existing
housing stock.
(d) Homeowners who add an accessory dwelling unit may benefit
from added income and an increased sense of security.
(e) Siting accessory dwelling units near transit hubs and near
public amenities can help to reduce greenhouse gas emissions by
increasing walkability, shortening household commutes, and limiting
sprawl.
(2) The legislature intends to promote and encourage the creation
of accessory dwelling units as a means to address the need for
additional affordable housing options." [2020 c 217 § 1.]
-END-
2 Exhibit A
(Ord 4464 Re.Accessory Dwelling Units(ADU)
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KEN977052
was published on May 19, 2023
The full amount of the fee charged for said foregoing publication is the
sum of $142.04
Rudi Alcott
Vice President,Advertising
Subscribed and sworn to me this 191h day of May, 2023 .
J nnifer Tribbett, Notary Public for the State of Washington, Residing in
Orting, Washington
A,
.
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE CITY
COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on May 16.
2023.
ORDINANCE NO. 4462
-AN ORDINANCE of the
City Council of the City
of Kent. Washington.
amending Ch. 13.01 of
the Kent City Code,enti-
tled Fire Codes, to
adopt the 2021 edition of
the International Fire
Code and to make other
housekeeping amend-
ments and local amend-
ments specifically appli-
cable within Kent. This
ordinance will take effect
and be in force 30 days
from and after its pas-
sage, as provided by
law.
ORDINANCE NO. 4463
-AN ORDINANCE of the
City Council of the City
of Kent. Washington.
amending various sec-
tions of Ch 14.01 of the
Kent City Code to adopt
the 2021 editions of the
International Building,
Residential. Mechanical,
Existing Building. Prop-
erty Maintenance, and
Energy Conservation
Codes and the Uniform
Plumbing Code.This or-
dinance shall take effect
and be in force 30 days
from and after its pas-
sage as provided by law.
ORDINANCE NO. 4464
-AN ORDINANCE of the
City Council of the City
of Kent.Washington.re-
lating to the regulation of
accessory dwelling units.
amending sections.
7.02.050, 7,04.220.
12.14.070. 12.16.090,
15.02.005. 15.02.114,
Proofed by Charlie,05/15/2023 11:08:47 am Page:2
Classified Proof
15,04,030,10.
15.05.040, 15.08.160 of
the Kent City Code.and
repealing and replacing
in its entirety Section
15.08,350 of the Kent
City Codr This ordi-
nance shell take effect
and he in force thirty
clays from and after its
pNI
ssage,as provided by
Iaw.A copy of the corn-
plate text of any ordi-
nance will be mailed
Upon roquest of theCity
Clerk.
Kimberley A. Komoto.
City Clerk
Kkarri to@KentWA.%nv
253-856--5725
9977052
5/19123
Proofed by Charlie,05/15/2023 11:08:47 am Page:3