Chapter 15.08
GENERAL AND SUPPLEMENTARY PROVISIONS*
Sections:
15.08.010 Applicability.
15.08.020 Special permit uses.
15.08.030 General conditional uses.
15.08.035 Wireless telecommunications facilities.
15.08.040 Home occupations.
15.08.050 Performance standards.
15.08.060 View corridor protection regulations on hillside development.
15.08.070 Keeping of animals.
15.08.080 Parking, storage or habitation of major recreational equipment.
15.08.085 Parking commercial motor vehicles in residential zones.
15.08.090 Parking or storage of inoperable vehicles.
15.08.100 Nonconforming development.
15.08.110 Reduction of lot area.
15.08.120 Irregular-shaped lots.
15.08.130 Visibility at intersections in residential districts.
15.08.140 Visibility at access points for automobiles.
15.08.150 Side yard on corner lot.
15.08.160 Accessory buildings.
15.08.170 Projections into required yards.
15.08.180 Structures to have access.
15.08.190 Exceptions to height regulations.
15.08.205 Temporary use regulations.
15.08.210 Transition area combining district.
15.08.215 Multifamily transition areas.
15.08.220 Repealed.
15.08.222 Repealed.
15.08.224 Repealed.
15.08.230 Solar access setback – Purpose.
15.08.232 Solar access setback – Applicability.
15.08.234 Solar access setback – Calculation.
15.08.240 Preservation of trees.
15.08.260 Green River Corridor district regulations.
15.08.270 Adult uses.
15.08.280 Group homes class II and III.
15.08.300 Zero lot line development – Authorized.
15.08.310 Same – Permitted uses.
15.08.320 Zero lot line – Development standards for single-family zoning districts.
15.08.330 Same – Development standards for multifamily zoning districts.
15.08.340 Same – Platting requirements.
15.08.350 Accessory dwelling unit regulations.
15.08.359 Accessory living quarters.
15.08.400 Planned unit development, PUD.
*Cross reference(s) – Subdivision requirements for parks and open space, § 12.04.490.
15.08.010 Applicability.
The provisions of this chapter are of general application to several or all zoning districts unless otherwise noted.
15.08.020 Special permit uses.
The following uses are permitted in the several districts in which they are listed as special permit uses provided that they conform to the development standards listed in this section in addition to conforming to the development standards of the zoning district in which the use is located:
A. Churches (excluding drive-in churches, which are conditional uses).
1. Minimum lot area. Minimum lot area is one (1) acre in SR zones; in other zoning districts it shall be the minimum lot area of the underlying district.
2. Front yard. There shall be a front yard of at least twenty (20) feet in depth.
3. Side yard. Each side yard shall be a minimum of fifteen (15) feet in width.
4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth.
5. Ingress and egress. A separate entrance and exit shall be provided. Loading and unloading areas shall be provided and shall be located off public streets.
6. Landscaping. All yard areas must be landscaped.
7. Day-care centers. Day-care centers in churches must also provide the required play area as provided in subsection (B) of this section.
8. Parking; signs. Off-street parking and sign regulations shall be observed.
B. Gasoline service stations (with or without retail convenience grocery sales). The provision of gasoline pumps shall not be considered incidental or secondary to a permitted use, and must conform to the requirements of this section.
1. Minimum lot area. Minimum lot area is fifteen thousand (15,000) square feet.
2. Lot frontage. There shall be at least one hundred twenty (120) feet of frontage on a public street.
3. Pump setbacks. The pump island shall be set back fifteen (15) feet from the public right-of-way and any property lines.
4. Lubrication facilities. Lubrication shall be done within an enclosed building.
5. Buffering of adjacent property. A solid or woven fence, free of advertising, shall be maintained along property lines which flank residential districts.
6. Lighting. Lighting devices shall be shaded so as not to glare into residential districts.
7. Hours. Gasoline service stations providing automobile repair services abutting residential districts shall limit their hours of operation from 6:00 a.m. to 9:00 p.m. Signs shall not be lit when the service station is closed.
8. Ingress and egress. Driveway widths and separation shall be reviewed and approved by the public works department. There shall be not more than two (2) driveways per public right-of-way.
9. Parking. Off-street parking shall be provided in compliance with Ch. 15.05 KCC.
10. Signs. The sign regulations of Ch. 15.06 KCC shall apply.
11. Grocery sales facilities. Convenience grocery sales facilities shall be limited to a maximum size of three thousand (3,000) square feet of gross floor area in zones which do not allow retail grocery sales as a principally permitted use.
12. General development standards. Development standards and criteria of the underlying zoning district shall apply unless otherwise noted in this section.
13. Storage of motor fuels. Quantity limitations on hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, shall not apply to motor fuels that may be stored on the site for the permitted use.
C. Drive-in restaurants.
1. Minimum lot area. Minimum lot area is fifteen thousand (15,000) square feet.
2. Front yard. There shall be a front yard of at least twenty (20) feet in depth.
3. Side yard. Each side yard shall be at least twenty (20) feet in width.
4. Rear yard. There shall be a rear yard of at least twenty (20) feet in depth.
5. Ingress and egress. Driveway widths shall not be greater than thirty (30) feet, and driveways shall not be closer together than twenty-five (25) feet. Driveways shall not be closer than five (5) feet to a property line. There shall be not more than two (2) driveways per public right-of-way.
6. Landscaping. A ten (10) foot strip is required along street rights-of-way, except at points of ingress and egress to the property. A five (5) foot strip of landscaping along side lot lines shall be provided. Landscaping shall be provided in a manner assigned by the planning department at the time of development plan review.
(Ord. No. 2801, § 17, 9-6-88; Ord. No. 3409, § 47, 7-7-98; Ord. No. 3439, § 6, 2-2-99)
15.08.030 General conditional uses.
A. Purpose. It is the purpose of this section to identify certain types of land uses that usually require relatively greater freedom of location than other uses restricted to certain districts by this title. General conditional uses may be allowed in the various zoning districts following the procedures in this section. General conditional uses may have one (1) or all of the following characteristics:
1. Public necessity requires such use in all or several districts.
2. Their technical, operating, or service characteristics are such as to make it impractical to restrict their location only to certain districts.
3. Although they fit the description in subsections (1) and (2) of this section, their impact or effect on the immediate neighborhood or vicinity in which they are located may be detrimental in the absence of adequate performance standards, development controls, or good site planning.
It is, therefore, the purpose of this section to reconcile potential conflicts between public necessity of certain uses and their possible detrimental effects on other uses.
B. Types of uses identified. The uses identified for the purpose of this section will generally fall into several broad categories, as follows:
1. Utility, transportation, and communication facilities. Includes electrical substations, pumping or regulating devices for the transmission of water, (including public water treatment facilities), gas, steam, petroleum, etc., bus stops, transit stations, etc.
2. Public facilities. Includes firehouses, police stations, libraries, and administrative offices of governmental agencies.
3. Open space uses. Includes cemeteries, parks, playgrounds, golf courses, and other recreation facilities, including buildings or structures associated therewith.
4. Drive-in churches; welfare facilities. Drive-in churches, retirement homes, convalescent homes, and other welfare facilities (excluding group homes class I, II, and III as defined in KCC 15.02.173), whether privately or publicly operated, facilities for rehabilitation or correction, private clubs, fraternal lodges, etc.
5. Schools. Primary and secondary schools, vocational schools, and colleges, whether privately or publicly operated.
(Ord. No. 2958, § 19, 1-2-91; Ord. No. 3360, § 1, 9-2-97; Ord. No. 3386, § 2, 1-7-98)
15.08.035 Wireless telecommunications facilities.
A. Purpose and goals. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals:
1. Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently;
3. Encouraging location in nonresidential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques; and
7. Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations.
In furtherance of these goals, the city shall give due consideration to the city’s comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas.
B. Definitions. As used in this section only, the following terms shall have the meanings set forth below:
Abandon or abandonment means:
1. To cease operation for a period of one hundred eighty (180) or more consecutive calendar days; or
2. To reduce the effective radiated power of an antenna by seventy-five (75) percent for one hundred eighty (180) or more consecutive calendar days unless new technology or the construction of additional cells in the same locality allows reduction of effective radiated power by more than seventy-five (75) percent, so long as the operator still serves essentially the same customer base.
Antenna means any exterior transmitting or receiving device used in communications that radiates or captures electromagnetic waves.
Backhaul network means the lines that connect a provider’s WTFs/towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment so as to be significantly screened from view.
Co-locate means use of a WTF by more than one (1) service provider.
COW means cell on wheels or Cellular on Wheels.
EIA means Electronic Industries Association.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
Guyed tower means a wireless communication support structure which is typically over one hundred (100) feet tall and is steadied by wire guys in a radial pattern around the tower.
Height means, when referring to a tower or other WTF, the distance measured from the finished grade of the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad and any antennas.
Lattice tower means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.
Monopole tower means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation.
Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc.
Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7, 1997, including permitted WTFs that have not yet been constructed, so long as that permit or approval has not expired.
Telecommunications means the transmission, between or among points specified by the user, of information of the user’s choosing without change in the form or content of the information as sent and received.
Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telecommunications, telephone, radio, and similar communication purposes. The term includes the structure, all structural supports, and all related buildings and appurtenances.
Whip antenna means an omni-directional dipole antenna of cylindrical shape that is no more than six (6) inches in average diameter.
Wireless telecommunications facility or WTF includes “personal wireless service,” “personal wireless service facilities,” and “facilities” as defined in Title 47, United States Code, Section 332(c)(7)(C), including all future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also includes any other unlicensed wireless services.
C. Applicability.
1. New uses. All WTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection (D) of this section.
D. Exemptions. The following are exempt from the provisions of this section and are allowed in all zoning districts.
1. Existing uses. WTFs that currently exist on July 7, 1997, or for which a valid building permit has been obtained and remains in effect on July 7, 1997, except this exemption does not apply to modifications of existing facilities.
2. Industrial/scientific equipment. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
3. Amateur radio station operators or receive-only antennas. Any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
4. Home satellite services. Satellite dish antennas less than two (2) meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property.
5. COW. A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty (30) days, unless extended by permit issued by the planning manager or unless the city has declared an area-wide emergency.
6. Public safety WTFs and equipment. Public safety WTFs and equipment, including, but not limited to, the regional 911 system.
E. General.
1. Principal or accessory use. WTFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of WTFs on that lot.
2. Not essential services. WTFs shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential public services.
F. General requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or add to an existing WTF shall demonstrate to the city’s satisfaction that the proposed facility is located at the least obtrusive and the most appropriate available site to function in the applicant’s grid system.
2. FCC licensing. The city will only process WTF permit applications upon a satisfactory showing of proof that the applicant is an FCC licensed telecommunications provider or that the applicant has agreements with an FCC licensed telecommunications provider for use or lease of the facility.
3. Compliance with other laws. Applicants must show, to the satisfaction of the planning manager, compliance with current FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules, and regulations.
4. Lot size. For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot.
5. Height. Unless further restricted or expanded elsewhere in this section, no WTFs may exceed the following height and usage criteria:
a. For a single user, up to ninety (90) feet in height; and
b. For two (2) or more users, up to one hundred twenty (120) feet in height.
6. Security fencing. WTFs shall be enclosed, where appropriate, by security fencing not less than six (6) feet in height; provided however, that the planning manager or, where applicable, the hearing examiner may waive these requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound; provided, however, that the planning manager or, where applicable, the hearing examiner may waive these requirements if the goals of this section would be better served.
8. WTFs mounted on structures or rooftops. WTFs mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment.
9. Aesthetics. WTFs shall meet the following requirements:
a. WTFs shall be painted a neutral color so as to reduce visual obtrusiveness.
b. At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment.
10. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area.
11. Measurement. For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.
12. Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and shall file a copy of all required franchises, licenses, and permits with the planning manager.
13. Signs. No signs shall be allowed on an antenna or tower.
14. Backhaul providers. Backhaul providers shall be identified and they shall have and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, wired or wireless, shall be identified.
G. Tower requirements.
1. Tower setbacks. All towers, support structures, and accessory buildings must satisfy the minimum setback requirements for that zoning district.
2. Support systems setbacks. All guywires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five (5) feet to any property line.
3. Monopole construction required. All towers will be of a tapering monopole construction; however, the planning manager or, where applicable, the hearing examiner may allow another type tower upon a showing that it would cause less impact to the surrounding property than a similar monopole structure or would further the purposes and goals in this section.
4. Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the jurisdiction of the city or within one (1) mile of its borders, including specific information about the location, height, and design of each facility.
5. EIA standards. Towers shall be constructed so as to meet or exceed the most recent EIA standards. Prior to issuance of a building permit, the building official shall be provided with an engineer’s certification that the tower’s design meets or exceeds those standards.
6. Site selection and height. Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies:
a. Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential co-location; and
b. Demonstrate that the owner or operator has, to the greatest extent practical, selected a new tower site that provides the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility; and
c. Site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas. The facility should be camouflaged to the maximum extent feasible.
7. Co-location priority. Co-location of antennas by more than one (1) carrier on existing towers is preferred to construction of new towers; provided, that the co-location is consistent with the following:
a. Redesign restrictions. A tower that is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, or of a less obtrusive design (such as a monopole), if practical.
b. Height. Except as may be modified in subsection (I)(1)(a) of this section, an existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower’s existing height or one hundred twenty (120) feet, whichever is lower, to accommodate the co-location by another provider or operator of an additional antenna system in any district except DC, DCE, NCC, and all SR districts. This additional height shall not require an additional distance separation.
c. Onsite relocation. A tower that is being rebuilt to accommodate the co-location of an additional antenna may be relocated on its existing site within fifty (50) feet of its existing location. If consistent with the purposes and goals in subsection (A) of this section, the planning manager or, where applicable, the hearing examiner, may permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands.
8. Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing, or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning manager when administratively approving a WTF or by the hearing examiner through issuance of a conditional use permit.
Table 1
|
|
Lattice |
Guyed |
Mono-pole 75 feet in height or greater |
Mono-pole less than 75 feet in height |
|
Lattice |
5,000 |
5,000 |
1,500 |
750 |
|
Guyed |
5,000 |
5,000 |
1,500 |
750 |
|
Monopole 75 feet in height or greater |
1,500 |
1,500 |
1,500 |
750 |
|
Monopole less than 75 feet in height |
750 |
750 |
750 |
750 |
H. Administratively approved WTFs. The planning manager may administratively approve the uses listed in this subsection, once each applicant has applied for and provided all necessary information required in this code and in the city’s application form. This administrative approval is classified as a Process I application and is subject to the requirements of Ch. 12.01 KCC.
1. Administratively approved uses. The following uses may be approved by the planning manager after conducting an administrative review:
a. Industrial/commercial zones. Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed ninety (90) feet in height for a single user and one hundred twenty (120) feet in height for two (2) or more users in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC.
b. Antennas on existing structures. Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single-family dwelling or multifamily structure of fewer than eight (8) dwelling units in any zoning district provided:
i. The antenna does not extend more than twenty (20) feet above the highest point of the structure if a whip antenna, or ten (10) feet above the highest point of the structure if a non-whip antenna; and
ii. The antenna complies with all applicable building codes; and
iii. All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials.
c. WTFs on existing towers. Locating a WTF through co-location by attaching the antenna to an existing tower.
d. WTFs within allowable building height. Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable building height for that district.
e. COWS for greater than thirty (30) day periods. Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within thirty (30) days), locating a COW at a single location for more than thirty (30) calendar days; however, purely economic convenience shall not be considered a viable factor in making this determination.
2. Authority to waive certain requirements. In connection with this administrative approval, the planning manager may, in order to encourage camouflaging and co-location of WTFs, administratively waive separation distance requirements between WTFs by up to fifty (50) percent in nonresidential zones. Additionally, the planning manager may, in order to encourage the use of the least obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use.
I. Conditional use permits. Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of KCC 15.09.030 and Ch. 12.01 KCC, except as modified by this subsection. If the WTF is not subject to administrative approval pursuant to subsection (H) of this section, then a conditional use permit shall be required.
1. Conditional WTF uses. Specifically, conditional use permits shall be required for the following WTFs:
a. Industrial/commercial zones. Locating WTFs that exceed ninety (90) feet in height for a single user or one hundred twenty (120) feet for two (2) or more users or locating antennas on existing structures that exceed the height limitations in subsection (H)(2)(b) of this section in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC.
b. Government property. Locating WTFs (1) separate from existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity or (2) attached to existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity exceeding the height limitations in subsection (H)(2)(b) of this section, but only on the condition that the total height of the attached WTF, including the structure, does not exceed one hundred twenty (120) feet, unless permitted under subsection (I)(1)(a) of this section; however, this subsection shall not apply in DC, DCE, and NCC districts.
c. WTFs exceeding allowable building height. Locating WTFs that exceed the allowable building height in the following districts: O, CC, MRG, MRM, MRH, AG, and A-10.
d. Tower construction under allowed separation distances. Locating towers that do not meet the separation distance requirements in subsection (G)(8) of this section or that do not meet administratively approved separation distance limits.
2. Factors considered in granting conditional use permits for towers. In addition to KCC 15.09.030(D), the hearing examiner shall also consider the following factors when considering a CUP application for WTF towers:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures;
h. Obstruction of or interference with views;
i. Consistency with purpose and goals set forth in subsection (A) of this section.
3. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the hearing examiner that no existing tower, structure, or alternative technology that does not require the use of towers can accommodate the applicant’s proposed WTF. An applicant shall submit information requested by the hearing examiner related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant’s proposed WTF may consist of any of the following:
a. No existing WTF is located within the geographic area that meets applicant’s engineering requirements.
b. Existing WTFs are not of sufficient height to meet applicant’s engineering requirements.
c. Existing WTFs cannot practically be reconstructed to provide sufficient structural strength to support applicant’s proposed antenna and related equipment.
d. Electromagnetic interference would occur between two (2) or more WTF systems.
e. The fees, costs, or contractual provisions required by the owner in order to share an existing WTF or to adapt an existing WTF for co-location are unreasonable. Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable.
f. Other limiting factors render existing WTFs unsuitable.
g. An alternative technology that does not require the use of towers or structures would be unsuitable. Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable.
4. Separation requirements. The hearing examiner may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served; however, development of multiple tower locations on a single site (often referred to as “antenna farms”) are specifically discouraged wherever possible.
J. Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any abandoned tower shall notify the city’s planning manager, in writing, of that abandonment and shall remove the same within ninety (90) calendar days. Failure to remove an abandoned tower within ninety (90) calendar days shall be grounds to remove the tower at the owner’s expense. If there are two (2) or more users of a single tower, then the city’s right to remove the tower shall not become effective until all users abandon the tower.
2. Partial abandonment and removal. If the antennas on any tower are removed or relocated to a point where the top twenty (20) percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned. The owner or operator of any partially abandoned tower shall notify the city’s planning manager, in writing, of that partial abandonment and shall remove the partially abandoned portion within ninety (90) calendar days. Failure to remove a partially abandoned tower within ninety (90) calendar days shall be grounds to remove the abandoned portion of the tower at the owner’s expense.
3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient security in the form of a bond, assignment of funds, cashier’s check, or cash, in a form acceptable to the city, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If for any reason the posted funds are not adequate to cover the cost of removal, then the city may charge the facility owner or operator with the city’s total cost incurred in removing the abandoned structures. If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property.
K. Nonconforming uses.
1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted. Any construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
2. Damage or destruction not the fault of owner/occupant. Bona fide nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain administrative approval or a conditional use permit and without having to meet separation requirements. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (J) of this section.
(Ord. No. 3424, § 30, 11-17-98; Ord. No. 3600, § 4, 5-7-02; Ord. No. 3612, § 7, 8-6-02)
15.08.040 Home occupations.
A. Purpose. It is the purpose of this section to outline general conditions in which home occupations may be permitted in all zoning districts. These conditions have been designed to help preserve the residential character of the city’s neighborhoods from commercial encroachment while recognizing that certain selected business activities are compatible with residential uses.
B. Home occupations permitted. Home occupations which meet the requirements of this section are permitted in every zone where a dwelling unit was lawfully established. The requirements of this section shall not apply to the following home occupations:
1. Home child care.
2. The sale of agricultural products produced on the premises.
C. Development standards. All dwelling units in which a home occupation is located must meet the following minimum development standards:
1. The residential character of the exterior of the building shall be maintained.
2. The outdoor storage or display of materials, goods, products, or equipment is prohibited.
3. A home occupation shall not occupy more than three hundred (300) square feet.
4. The sign regulations of Ch. 15.06 KCC shall apply.
D. Performance standards. All home occupations must meet the following minimum performance standards:
1. Employees. A home occupation may not employ on the premises more than one (1) person who is not a resident of the dwelling unit.
2. Traffic. The traffic generated by a home occupation shall be limited to four (4) two (2) way client-related trips per day and shall not create a need for additional onsite or offsite parking spaces.
3. Sale of goods and services. The sale of goods and services from a home occupation shall be to one (1) customer at a time, by appointment only, between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday only.
4. Electrical or mechanical equipment usage. The use of electrical or mechanical equipment that would change the fire rating of the structure or create visual or audible interference in radio or television receivers or electronic equipment or cause fluctuations in line voltage outside the dwelling unit is prohibited.
5. Utility demand. Utility demand for sewer, water, electricity, garbage, or natural gas shall not exceed normal residential levels.
6. Other criteria. There shall be no noise, vibration, smoke, dust, odors, heat, glare, or other conditions produced as a result of the home occupation which would exceed that normally produced by a single residence, or which would create a disturbing or objectionable condition in the neighborhood.
E. Permit required. A zoning permit is required as provided in KCC 15.09.020.
F. Special home occupation permits. A special home occupation permit shall be required for the following home occupations:
1. Music lessons.
2. Dance lessons.
3. Art lessons.
4. Academic tutoring.
5. Automobile detailing.
A special home occupation permit may only be issued as follows:
1. Application. Applications for a special home occupation permit under this subsection shall be subject to the procedures and requirements of Chs. 2.32 and 12.01 KCC. The application fee for a special home occupation permit shall be the same as for administrative variances unless otherwise established by city council resolution.
2. Criteria for approval. In conducting a hearing on an application for a special home occupation permit, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. A special home occupation permit may only be approved by the hearing examiner if the hearing examiner finds that such permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, and that the issuance of such special home occupation permit will be consistent with the spirit and purpose of this section and subject to the applicable provisions of Ch. 12.01 KCC.
3. Conditions of approval. In approving a special home occupation permit, the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this section, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest.
4. Issuance. Any special home occupation permit application approved by the hearing examiner shall be forwarded to the planning department for issuance.
5. Appeal of decision. The decision of the hearing examiner on a special home occupation permit application shall be final. Any appeal of the hearing examiner’s decision shall be pursuant to the appeal provisions of Ch. 12.01 KCC.
G. Home occupations prohibited.
1. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of zoning districts where dwelling units are lawfully established. Therefore, the uses listed below shall not be permitted as home occupations:
a. Repair, body repair, building, or servicing of vehicles.
2. Home occupations prohibited by subsection (G)(1) of this section and which were operated lawfully in the city of Kent in compliance with the provision of this chapter as of the date of passage may continue to operate until October 18, 2004, after which date no prohibited home occupations may lawfully operate in the city of Kent.
(Ord. No. 3340, § 1, 4-2-97; Ord. No. 3424, § 31, 11-17-98; Ord. No. 3575, § 1, 9-18-01; Ord. No. 3646, § 1, 7-1-03: Ord. No. 3752, § 2, 5-17-05)
15.08.050 Performance standards.
A. Performance standards defined. Performance standards deal with the operational aspects of land uses. While performance standards shall apply to all land uses within the city, they are primarily concerned with the impact of industrial development upon the environment. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements:
1. Noise, vibration or glare.
2. Smoke, dust, odor or other form of air pollution.
3. Heat, cold or dampness.
4. Hazardous substances and wastes.
B. Nonconforming uses. Uses established before the effective date of this title and nonconforming as to performance standards shall be given three (3) years in which to conform therewith.
C. Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the dangerous or objectionable elements and at any points where the existence of such elements may be more apparent (referred to in the section as “at any point”); provided, however, that the measurement of performance standards for noise, vibration, odors, glare or hazardous substances or wastes shall be taken at the following points of measurement:
1. In all districts: At the property lines or lot lines; or
2. In all districts: At the buffer zone setback line for any hazardous substance land use facility, which must be at least fifty (50) feet from any property line.
D. Restrictions on dangerous and objectionable elements.
1. Noise. At the points of measurement specified in subsection (C) of this section, the maximum sound pressure level radiated in each standard octave band by any use or facility, other than transportation facilities or temporary construction work, shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or the latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.)
TABLE I.
SOUND PRESSURE LEVELS IN DECIBELS
|
Octave Band (cycles per second) |
Maximum Permitted Sound Pressure Level (decibels) |
|
20 – 75 |
75 |
|
75 – 150 |
70 |
|
150 – 300 |
64 |
|
300 – 600 |
59 |
|
600 – 1,200 |
53 |
|
1,200 – 2,400 |
47 |
|
2,400 – 4,800 |
40 |
|
4,800 – 10KC |
34 |
TABLE II.
CORRECTION IN MAXIMUM PERMITTED SOUND PRESSURE LEVEL
IN DECIBELS TO BE APPLIED TO TABLE I
|
Type of Operation or Character of Noise |
Correction in Decibels |
|
Noise source operates less than twenty (20) percent of any one (1) hour period |
Plus 5* |
|
Noise source operates less than five (5) percent of any one (1) hour period |
Plus 10* |
|
Noise source operates less than one (1) percent of any one (1) hour period |
Plus 15* |
|
Noise of impulsive character (hammering, etc.) |
Minus 5 |
|
Noise of periodic character (hum, screech, etc.) |
Minus 5 |
|
*Apply one (1) of these corrections only. |
|
2. Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section.
3. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities so as to exceed the odor threshold at the following points of measurement. The odor threshold shall be defined as the concentration in the air of a gas or vapor which will just evoke a response in the human olfactory system.
a. Industrial park district, M1. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond lot lines.
b. Limited industrial district, M2. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond lot lines.
c. General industrial district, M3. Odorous matter released from any operation or activity shall not exceed the odor threshold beyond the district boundary or five hundred (500) feet from the lot line, whichever distance is shortest.
4. Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in subsection (C) of this section shall be permitted. This restriction shall not apply to signs or floodlighting of buildings for advertising or protection otherwise permitted by the provisions of this title.
5. Radioactivity or electrical disturbance. The regulations of the federal occupational safety and health standards shall apply for all radioactivity and electrical disturbance unless local codes and ordinances supersede this federal regulation.
6. Fire and explosion hazards. The relevant provisions of federal, state and local laws and regulations shall apply.
7. Smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution. The standards of the Puget Sound Air Pollution Control Agency, Regulation I, or those regulations as may be subsequently amended, shall apply.
8. Liquid or solid wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system or stream,
or into the ground, except in accord with standards approved by the State Department of Ecology or other appropriate state agencies.
9. Hazardous substances or wastes. No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer, private sewage disposal system, watercourse or water body, or the ground, except in accordance with standards approved by the State Department of Ecology or other appropriate state or federal agency. The relevant provisions of federal, state and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under this title. The following site development standards shall apply:
a. Hazardous waste facilities shall meet the location standards for siting dangerous waste management facilities adopted pursuant to Chapter 70.105 RCW;
b. Hazardous substance land use facilities shall be located at least:
(1) Two hundred (200) feet from unstable soils or slopes which are delineated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(B);
(2) Two hundred (200) feet from the ordinary high-water mark of major or minor streams or lakes which are delineated on the hazard area development limitations map or as may be more precisely determined per KCC 15.08.224(B), shorelines of statewide significance, or shorelines of the state;
(3) One-quarter (1/4) mile from public parks, public recreation areas, or natural preserves, or state or federal wildlife refuges; provided, that for purposes of this section public recreation areas do not include public trails;
(4) Fifty (50) feet from any property line to serve as an onsite hazardous substance land use facility buffer zone;
(5) Five hundred (500) feet and one hundred (100) feet from a residential zone and a residential unit respectively; and
(6) Five hundred (500) feet from a public gathering place or agricultural land or zone, in the case of a nonagricultural hazardous substance land use facility;
c. Hazardous substance land use facilities shall not be located in a one hundred (100) year floodplain;
d. Hazardous substance land use facilities which are not entirely enclosed within a building shall provide a type I solid screen landscaping of a width of at least ten (10) feet in the hazardous substance facility buffer zone required by subsection (9)(b)(4) of this section;
e. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances or wastes in the event of an accidental release from the facility, and shall meet federal, state and local design and construction requirements;
f. Underground hazardous substance land use facilities shall meet federal, state, and local design and construction requirements;
g. Hazardous substance land uses shall comply with adopted fire codes;
h. Hazardous substance land uses shall provide for review and approval by the city fire department of a hazardous substance spill contingency plan for immediate implementation in the event of a release of hazardous substances or wastes at the facility;
i. Hazardous substance land uses should use traffic routes which do not go through residential zones;
j. Hazardous substance land uses in the O, NCC, CC, and DC zones shall be entirely enclosed within a building; and
k. Without limiting the application of the adopted fire codes to diesel fuel tanks, above and below ground diesel fuel storage tanks exclusively intended for use on stationary, onsite, oil burning equipment (such as electrical power generator systems) in all nonresidential zoning districts shall be exempt from the hazardous substance regulations of this section, and above and below ground diesel fuel tanks of up to six thousand (6,000) gallons intended exclusively for use on stationary, onsite, oil burning equipment (such as electrical power generator systems) in residential zones shall be exempt from the hazardous substance regulations of this section for essential governmental facilities only. The hazardous substance zoning code regulations, including the existing five hundred (500) gallon limit for hazardous substances for residential uses, shall otherwise remain in force and effect. Additionally, all aboveground diesel fuel tanks over five hundred (500) gallons exempted by this subsection are required to have a five (5) foot minimum landscape buffer surrounding the tank to buffer the visual impacts of these tanks. Moreover, the planning director shall have the discretion to increase or modify this landscape buffer requirement depending upon the specific circumstances posed by any particular tank location.
In case of conflict between any of these site development standards and the development standards of specific zoning districts or other requirements of this title, the more restrictive requirement shall apply.
(Ord. No. 2801, § 18, 9-6-88; Ord. No. 2808, § 9, 10-18-88; Ord. No. 3285, § 1, 3-19-96; Ord. No. 3507, § 1, 3-21-00; Ord. No. 3691, § 8, 5-4-04; Ord. No. 3770, § 1, 7-20-04)
Cross reference(s) – Public nuisances, Ch. 8.01; litter control, Ch. 8.04; noise control, Ch. 8.05; rodent control, Ch. 8.06.
15.08.060 View corridor protection regulations on hillside development.
A. Purpose.
1. The visual environment of the city of Kent is strongly characterized by scenic vistas to the Green River valley from the slopes of the East and West Hills which frame the valley. The purpose of the view regulations set out in this section is to regulate the height and location of buildings on hillsides in order to protect view corridors to and from these hillsides which are on the visual forefront of the city and encourage placement of residences in ways which are compatible with the preservation of such public vistas.
2. The criteria of this section establish procedures for determining heights and locations of buildings on hillsides so that views will not be destroyed by site development plans that fail to consider the topography of the lot and the orientation of adjacent properties. The regulations of this section shall be interpreted and enforced at the time of development plan review. The regulations of this section shall not, however, prohibit construction of any building with a building height of twenty-five (25) feet or less, as measured from natural or finished grade, whichever is lower, on any legal lot of record.
B. View regulations defined. Any projected development located within two hundred (200) feet downslope from an SR or MR-D zoned area or within five hundred (500) feet downslope from an MR-G, MR-M or MR-H zoned area when such area qualifies as view property must allow for the protection of the view from such property as follows:
1. Protection of view of large tracts of land.
a. If the property which has a view to be protected exceeds either twenty thousand (20,000) square feet in area or two hundred (200) feet in length or width, the restriction on height of the building to be erected on the adjacent downslope property shall be determined as follows:
b. Two (2) lines shall be drawn parallel to the slope line, one (1) such line on either side of the building. The term “side,” as used in this subsection, shall be defined as the furthest point of the building measured outward perpendicular from a line through the center of the building parallel to the slope line. These two (2) lines shall extend upslope continuing parallel to the slope line until they meet the property line. No part of the proposed building shall exceed in height by more than ten (10) feet the mean elevation along the property line between these two (2) parallel lines.
2. Protection of view of smaller tracts of land. Those tracts of land measuring less than twenty thousand (20,000) square feet in area and less than two hundred (200) feet in both length and width, as well as the erection of more than one (1) residential building on the same piece of property, will be covered by the following regulations:
a. View property in SR and MR-D zones.
(1) “View” is an unobstructed field of vision comprising a horizontal angle of not more than ninety (90) degrees and a vertical angle of not more than five (5) degrees below the horizontal.
(2) The horizontal view angle shall have as its origin a vertical axis passing through the geographic center of the lot whose view is to be protected. The ninety (90) degree angle shall be oriented with forty-five (45) degrees on either side of the slope line, which shall be laid out perpendicular to the mean contour of the area as contrasted to the slope of the particular lot in question.
(3) The vertical view angle shall have as its origin a point six (6) feet above the ground surface on a lot prior to any excavation for a foundation or basement.
Horizontal View Angle
Vertical View Angle
(4) No building constructed within five hundred (500) feet of the point of origin of the view angle and located beneath the airspace located within that angle shall rise above the lower extent of the vertical angle.
b. View property in MR-G, MR-M, and MR-H zones.
(1) “View” is an unobstructed field of vision comprised of a horizontal view angle of sixty (60) degrees and a vertical view angle extending from the horizontal upward to the vertical line.
(2) The horizontal view angle shall have as its origin a vertical axis passing through the geographic center of the lot whose view is to be protected or, in the case of an existing apartment building, the vertical axis should pass through the geographical center of those units whose view is to be protected. The sixty (60) degree angle may be shifted to the extent that no less than twenty (20) degrees of the sixty (60) degrees lies on either side of the slope line, which shall be laid out perpendicular to the mean contour of the area as contrasted to the slope of the particular lot in question. 
(3) The vertical angle shall originate on a horizontal line extending from the intersection of the vertical line forming the axis for the horizontal view angle and the original slope, or in the case of an existing apartment building, the floor level of the lowest residential floor.
(4) No building constructed within five hundred (500) feet of the point of origin of the view angle and located beneath the airspace located within the angle shall rise above the lower extent of the vertical angle.
C. Exemptions. The planning director may waive or modify the view regulations on hillside development if it is determined that the intent to preserve views cannot be met by a strict application of the requirements, or if one (1) or more of the following conditions applies:
1. There is no available clear view of the valley from development located upslope of the proposed building; or
2. The orientation of development located upslope is toward a different view angle than prescribed in the view development regulations; or
3. The shape or topography of the lot and lots located upslope make a strict application of the view requirements unnecessary or impractical.
D. Application for variance. If an applicant requests relief from the provisions of this section through a variance as provided in KCC 15.09.040 prior to public hearing, the applicant shall erect a pole structure outlining the proposed height of the building where it is to be constructed on the proposed site to allow adjacent property owners to assess the view impact of the proposed variance. The pole structure shall be in place at least ten (10) days prior to the date of the public hearing on the proposed variance.
(Ord. No. 3469, § 1, 8-3-99)
15.08.070 Keeping of animals.
The keeping of bees, small domesticated animals, large domesticated animals, and domesticated fowl, as those terms are defined in KCC 8.03.030, is permitted in all zones as an accessory use to any principal use permitted or to a permitted conditional use, subject to the standards and restrictions of this section and Ch. 8.03 KCC.
A. Small domesticated animals. Up to three (3) small domesticated animals may be kept accessory to each business establishment or dwelling unit on a lot, except as follows:
1. In no case is more than one (1) miniature potbelly pig allowed per business establishment or dwelling unit.
2. More than three (3) small domesticated animals are permitted on lots of at least twenty thousand (20,000) square feet, subject to the provisions of Ch. 8.03 KCC.
3. In no case shall a structure that restrains or houses small domesticated animals, such as a kennel or other accessory structure, be located closer than ten (10) feet from any other residential lot.
B. Miniature potbelly pigs. The type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus) may be kept as a small domesticated animal in accordance with subsection (A) of this section; provided, the swine is neither greater than twenty-two (22) inches in height at the shoulder nor more than one hundred fifty (150) pounds in weight. In the event the swine exceeds either of these limitations, it is not allowed within the city. A miniature potbelly pig shall be considered a small domesticated animal when determining the number of small domesticated animals permitted on a lot.
C. Domesticated fowl. Up to three (3) domesticated fowl may be kept on any lot that is at least five thousand (5,000) square feet, subject to the provisions of Ch. 8.03 KCC. These domesticated fowl are in addition to the small domesticated animals that may be permitted on a lot in accordance with subsection (A) of this section. One (1) additional domesticated fowl is permitted for each one thousand (1,000) square feet of land in excess of the minimum five thousand (5,000) square foot threshold. In no case shall a coop or other accessory structure that restrains or houses domesticated fowl be located closer than ten (10) feet from any other residential lot.
D. Large domesticated animals. Large domesticated animals are permitted only on lots of at least twenty thousand (20,000) square feet subject to the provisions of Ch. 8.03 KCC. The keeping of swine is prohibited, except for a single miniature potbelly pig maintained in accordance with subsection (B) of this section.
1. One (1) large domesticated animal for every ten thousand (10,000) square feet of lot area is permitted.
2. Large domesticated animals and structures housing them must be kept at least fifty (50) feet from any other lot in a residential zone.
E. Beekeeping. Beekeeping is permitted as an accessory use, when registered with the State Department of Agriculture; provided, that:
1. No more than four (4) hives, each with only one (1) swarm, shall be kept on lots of less than ten thousand (10,000) square feet.
2. Hives shall not be located within twenty-five (25) feet of any property line except when situated eight (8) feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than eight (8) feet above the adjacent existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any property line within twenty-five (25) feet of a hive and extending at least twenty-five (25) feet beyond the hive in both directions.
(Ord. No. 3844, § 3, 6-19-07)
Cross reference(s) – Animal control, Ch. 8.03.
15.08.080 Parking, storage or habitation of major recreational equipment.
No more than one (1) unit of a recreational vehicle as defined in KCC 15.02.338 or equipment shall be stored outside an enclosed building or structure on residential property; said equipment shall be screened from view of surrounding neighbors and shall not be used for habitation.
(Ord. No. 3409, § 48, 7-7-98)
15.08.085 Parking commercial motor vehicles in residential zones.
A. Commercial motor vehicles are not permitted to be parked on residentially zoned properties with a land use designation of urban separator (US) and a zoning designation of single-family, one (1) unit per acre (SR-1), unless actively delivering goods. “Commercial motor vehicles” include:
1. Vehicles used in a commercial enterprise which exceed nineteen (19) feet in length; and
2. Truck tractors used in the drayage of semi-truck trailers.
B. Commercial motor vehicles are not permitted to be parked on residentially zoned property with a zoning designation of SR-2 or greater unless actively delivering goods. Commercial motor vehicles include:
1. Vehicles with a gross weight rating (GVWR) of twenty-six thousand and one (26,001) pounds or more; and
2. Trailers with a GVWR of ten thousand and one (10,001) pounds or more if the gross weight rating of the combined vehicles is twenty-six thousand and one (26,001) pounds or more.
(Ord. No. 3813, § 2, 9-5-06)
15.08.090 Parking or storage of inoperable vehicles.
No more than one (1) vehicle of any kind in inoperable condition not licensed nor legally operable upon roadway shall be stored or parked on any residentially zoned property for more than thirty (30) days unless said vehicle is stored in an enclosed area and hidden from view of surrounding neighbors.
(Ord. No. 3409, § 49, 7-7-98)
Cross reference(s) – Parking regulations, Ch. 9.38.
15.08.100 Nonconforming development.
A. Purpose. The intent and purpose of this section is to:
1. Ensure reasonable opportunity for use of legally created lots which do not meet current minimum requirements for the district in which they are located.
2. Ensure reasonable opportunity for use, maintenance, and improvement of legally constructed buildings, structures, and site development features which do not comply with current minimum requirements for the district in which they are located.
3. Ensure reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the district in which they are located.
4. Encourage the eventual replacement of nonconforming uses having potentially undesirable impacts on conforming uses.
5. Encourage the eventual upgrading of nonconforming buildings, structures, and site development features which do not comply with current minimum requirements for the district in which they are located.
B. Applicability. Nonconforming uses, structures, lots, or signs are not favored by law and this title, and it is to avoid injustice that this title accepts such elements. To benefit from the protection given to nonconforming development, such use, structure, or sign must have been lawfully established pursuant to a county resolution in effect at the time of annexation which rendered it nonconforming, or it must have been lawfully established prior to the effective date of this chapter or subsequent amendments thereto, or lawfully established prior to the purchase or condemnation of right-of-way by the city of Kent. This section distinguishes between and defines nonconforming uses, major nonconforming buildings and structures, minor nonconforming buildings and structures, nonconforming lots of record and nonconforming signs. Different requirements are made applicable to each of these categories. The degree of restriction made applicable to each separate category is dependent upon the degree to which that category of nonconformance is a nuisance or incompatible with the purpose and requirements of this title.
C. Nonconforming uses.
1. Applicability of restrictions. Regulations applicable to nonconforming uses are in addition to regulations applicable to nonconforming structures, lots, and signs, and in the event of any conflict the most restrictive provisions shall apply.
2. Expansion of nonconforming uses. No existing building, structure, or land devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified, or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure, or land is located except as follows: When authorized by conditional use permit, a nonconforming use may be expanded, enlarged, extended, reconstructed, intensified, or structurally altered.
3. Change of nonconforming use. When authorized by the planning manager, a nonconforming use may be changed to a use of a like or more restrictive nature.
4. Extension of nonconforming use. When authorized by the planning manager, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no structural alterations except those required by law are made therein.
5. Discontinuance of nonconforming use. When a nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of six (6) months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the six (6) month period of discontinuance.
6. Reversion to nonconforming use. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.
7. Residential exception to nonconforming use status. Legally established residential uses located in any residential zoning district shall not be deemed nonconforming in terms of density provisions and shall be a legal use.
8. Exception for certain drive-through banking facilities. Legally established bank buildings with drive-through facilities in the downtown commercial zoning district that existed prior to August 9, 1992, shall not be nonconforming; however, these drive-through facilities may not be expanded beyond that which existed on August 9, 1992, when the city prohibited bank drive-through facilities in DC zones.
D. Nonconforming buildings and structures.
1. Applicability of restrictions. Regulations applicable to nonconforming structures are in addition to regulations applicable to nonconforming uses, lots, and signs, and in the event of any conflict the most restrictive provisions shall apply.
2. Major nonconforming buildings and structures. No major nonconforming structure may be expanded, enlarged, extended, reconstructed, or structurally altered or changed, nor may any major nonconforming building, structure, or lot be occupied after discontinuance of change in use, unless the structure, use, and associated grounds and development are brought into compliance with use and minimum development standards of the district in which such structure is located, except as follows:
a. Any major nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other natural disaster, may be restored, reconstructed, and used as before; provided, that the work be vested by permit application within one (1) year of such happening; any restoration or reconstruction not vested by permit application within twelve (12) months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored.
b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a major nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning manager.
3. Minor nonconforming buildings and structures. No minor nonconforming structure may be expanded, enlarged, extended, reconstructed or otherwise structurally altered or changed, nor may any minor nonconforming building, structure, or lot be occupied after discontinuance or change in use, unless the structure and associated grounds and development are brought into compliance with the minimum development standards of the district in which such structure is located, except as follows:
a. Any minor nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other natural disaster, may be restored, reconstructed and used as before; provided, that the work be vested by permit application be completed within one (1) year of such happening; any restoration or reconstruction vested by permit application twelve (12) months from the date of the fire or other casualty shall be deemed abandoned and not allowed to be restored.
b. Such repairs and maintenance work as required to keep the structure in sound condition may be made to a minor nonconforming structure, provided no such structural alterations shall be made except such as are required by law or ordinance or authorized by the planning manager.
4. Planning manager’s authority. The planning manager may waive specific development standard requirements or impose additional requirements when all the following criteria are met:
a. When owing to special circumstances a literal enforcement of the provisions of this title or other land use regulatory ordinances of the city will result in unnecessary hardship.
b. When the waiver of development requirements is in harmony with the purpose and intent of city ordinances and the comprehensive plan.
c. When the proposed use, building, and development will function without adverse impact upon adjacent property, development in the area or the city as a whole.
d. When a conditional use permit is not required.
E. Nonconforming lots.
1. Applicability of restrictions. Regulations applicable to nonconforming lots are in addition to the regulations applicable to nonconforming uses, structures, and signs, and, in the event of conflict, the most restrictive provisions shall apply.
2. Nonconforming lots of record.
a. Residential districts.
(1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record as of June 20, 1973, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located.
(2) In all single-family zoning districts, with the exception of the SR-8 zoning district, if two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record prior to June 20, 1973, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.
(3) In the SR-8 zoning district, if two (2) or more single-family zoned lots or combination of lots and portions of lots with continuous frontage in single ownership are of record prior to June 20, 1973, and if all or part of the lots do not meet the following minimum requirements established for lot width, lot area, and topography, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.
(a) Minimum lot area: Four thousand six hundred (4,600) square feet.
(b) Minimum lot width: Forty (40) feet.
(c) Maximum site slope: Fifteen (15) percent.
(4) In any district in which duplex dwellings are permitted, a duplex dwelling and customary accessory buildings may be erected on any single lot of record as of June 20, 1973, with a minimum area of seven thousand two hundred (7,200) square feet, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located.
b. Other districts. In any other district, permitted building and structures may be constructed on a nonconforming lot of record, provided site coverage, yard, landscaping, and off-street parking requirements are met. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership prior to June 20, 1973, and if all or part of the lots do not meet the minimum requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this title.
F. Nonconforming signs.
1. Applicability of restrictions. Regulations applicable to nonconforming signs are in addition to regulations applicable to nonconforming uses, structures, and lots, and in the event of conflict the most restrictive provisions shall apply.
2. Continuation of nonconforming signs.
a. Signs that were legally existing as of the effective date of this title or subsequent amendments thereto that do not conform to the regulations of this title shall be considered nonconforming signs. Nonconforming signs may not be moved, relocated, altered, or added to without receiving approval from the planning services office.
b. No sign permit shall be issued to allow legal signs on property having an illegal or nonconforming sign until such time as the nonconforming or illegal sign is modified to conform to this title.
3. Amortization period.
a. Abandoned signs. Abandoned signs must be removed within ninety (90) days.
b. Number and type of signs. The number and type of allowable signs for each occupancy must conform to the regulations of this title.
(Ord. No. 2905, § 1, 2-20-90; Ord. No. 3122, § 1, 6-15-93; Ord. No. 3409, § 50, 7-7-98; Ord. No. 3439, § 7, 2-2-99; Ord. No. 3521, § 2, 8-15-00; Ord. No. 3600, § 5, 5-7-02; Ord. No. 3665, § 1, 10-7-03)
15.08.110 Reduction of lot area.
No land may be so reduced in area that it would be in violation of minimum lot size, yard provisions, lot coverage, off-street parking or any other requirements of the zoning district or use.
15.08.120 Irregular-shaped lots.
On irregular-shaped lots, the average distance from the building line to the lot line shall be no less than the minimum yard provision; provided, however, that no part of the structure shall be located so that one-half (1/2) the minimum yard provision occurs at any point along such averaged alignment.
15.08.130 Visibility at intersections in residential districts.
On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines twenty (20) feet from the point of the intersection.
Cross reference(s) – Traffic code, Ch. 9.36.
15.08.140 Visibility at access points for automobiles.
Areas for ingress and egress for automobiles shall be designed in such a manner that adequate visibility is ensured.
Cross reference(s) – Traffic code, Ch. 9.36.
15.08.150 Side yard on corner lot.
The side yard along a side street on a corner lot shall have a minimum yard of ten (10) feet, except where a larger yard may be required.
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 (1/2) of a lot the accessory building can be built to within two (2) 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.
B. Guesthouse accessory buildings shall be located on the rear half of the building site. There shall be not more than one (1) guesthouse on any one (1) building site, which, together with other accessory buildings, shall not exceed thirty (30) percent of the area of the rear yard on which it is built. No kitchen or cooking facilities shall be permitted in any guesthouse.
15.08.170 Projections into required yards.
Certain architectural features may project into required yards or courts as follows: Cornices, canopies, eaves or other architectural features may protrude up to a distance of two (2) feet into any required yard.
15.08.180 Structures to have access.
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing and required off-street parking.
15.08.190 Exceptions to height regulations.
The height limitations for the various districts shall not apply to spires, flagpoles, belfries, cupolas, noncommercial antennas, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. The height limitations shall not apply to barns and silos provided that they are not located within fifty (50) feet of any lot line. City-owned elevated reservoirs, water tanks, fire or police training towers and standpipes are exempt from height restrictions.
(Ord. No. 2805, § 1, 10-4-88)
15.08.205 Temporary use regulations.
This section shall be known as the temporary use regulations. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses.
A. Permitted uses. The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the planning director:
1. Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain.
2. Contractor’s office, storage yard and equipment parking and servicing on the site of an active construction project.
3. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities.
4. Indoor or outdoor art and craft shows and exhibits.
5. Christmas tree sales lots, fireworks and flower stands, limited to location on lots not used for residential purposes in commercial or industrial zoning districts.
6. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project.
7. Mobile home residential units used for occupancy of security personnel when not otherwise allowed as an accessory use.
8. Indoor or outdoor special sales, including swap meets, flea markets, parking lot sales, warehouse sales or similar activities, limited to locations on lots not used for residential purposes in commercial or industrial districts, and when operated not more than ten (10) days in the same month, unless otherwise permitted by the city.
9. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the use is a permitted use.
10. Seasonal retail sales of agricultural or horticultural products raised or produced off the premises, to be permitted in commercial or industrial zoning districts only.
11. Temporary signs relating directly to the temporary uses described in this section, which may be permitted for a period not to exceed the operation of the use. The signs may be portable in nature and must be placed on the premises. No off-premises signs are permitted. No more than two (2) signs per use shall be permitted and no sign shall exceed a thirty-two (32) square feet total of all faces. Maximum sign height shall be eight (8) feet. No sign permit shall be required.
12. Garage sales, moving sales and similar activities for the sale of personal belongings when operated not more than three (3) days in the same
week or more than twice in the same calendar year. No permit is required.
13. Fund-raising carwashes. No permit is required.
14. The planning director may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of subsection (C) of this section.
B. Conditions of temporary use.
1. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.
2. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty-five (25) percent of the spaces required for the permanent use, except in the downtown commercial (DC-1) zoning district or as approved by the city council.
3. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of Ch. 15.05 KCC, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.
4. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the city council.
5. No temporary use shall occupy a site or operate within the city for more than ninety (90) days within any calendar year, except as follows:
a. When authorized by the planning director, a temporary use may operate an additional ninety (90) days if it is found that such an extension will be consistent with the requirements of subsection (C) of this section.
b. When authorized by the hearing examiner, a temporary use may operate an additional one (1) year if it is found that such an extension will be consistent with the requirements of subsection (C) of this section.
6. All signs shall comply with the requirements of Ch. 15.06 KCC, pertaining to sign regulations, except as otherwise specified in this section.
7. All temporary uses shall obtain, prior to occupancy of the site or culmination of activities, all required city permits, licenses or other approvals, e.g., business license, building permit, zoning permit, etc.
8. The planning director may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following temporary use.
C. Determinations. The planning director may authorize the temporary uses described in subsection (A) of this section after consultation and coordination with all other applicable city departments and other agencies and only when the following