Chapter 15.09
ADMINISTRATION*

Sections:

15.09.010    Development plan review.

15.09.020    Zoning permit.

15.09.030    Conditional use permit.

15.09.040    Variances.

15.09.042    Administrative variances.

15.09.045    Administrative design review.

15.09.046    Downtown design review.

15.09.049    Repealed.

15.09.050    Amendments.

15.09.055    Zoning of annexed lands.

15.09.060    Administrative interpretation generally.

15.09.065    Interpretation of uses.

15.09.070    Appeal of administrative interpretations.

15.09.080    Revocation of permits or variances.

15.09.090    Performance standards procedures.

15.09.095    Cleanup of solid waste and hazardous waste facilities.

15.09.300    Responsibility for establishment of lot lines and setback lines.

*Cross reference(s) – Planning office, ch. 2.30; land use and planning board, ch. 2.57.

15.09.010 Development plan review.

A. Review of development plans shall be carried out by the planning department for all buildings and structures hereafter erected, constructed, structurally altered, repaired, or moved within or into any district requiring development plan review and whenever a city permit is required, and for the use of vacant land or for a change in the character of the use of land or buildings, within any district requiring development plan approval.

B. The development plan review is an administrative review, the primary purpose of which is to define and describe the needs of the particular site covered by a development plan in reference to the requirements of this title. The planning director shall make the final decision on development plan review. Development plan review is categorized as a Process I application and shall be subject to the applicable requirements of Ch. 12.01 KCC. Any appeal from the final decision of the planning director shall be to the hearing examiner in accordance with the requirements of Ch. 2.32 KCC and Ch. 12.01 KCC. In addition to the other requirements of this title, the planning department shall approve a development plan only after the following standards, as a minimum, when applicable, have been incorporated into the development plan:

1. Storm drainage must be handled by each proposed development in conformance with existing storm drainage plans and in conformance with city policies for storm drainage.

2. A planned street system is a primary element of any development plan proposed within the city and must be compatible with the city’s circulation plans. Development which is proposed in areas of the city which have a planned street system which is a part of the comprehensive plan or the city’s six (6) year plan, and any other street plan, shall make provisions for such streets and must not cause implementation of such street plans to become unattainable because the street plan is considered secondary to the development plan.

3. A pedestrian circulation system must become a part of any development plan when the proposed development will generate or attract pedestrians. The planning department shall conduct site plan review to ensure that adequate parking is provided within close proximity to each unit entrance.

4. The proposed development shall be compatible with existing development adjacent to or within five hundred (500) feet of the property line of the proposed development. Compatibility shall not refer to architectural design features, but to siting of building and location of off-street parking.

5. Efforts shall be made to preserve trees, natural vegetation, creeks or other environmental amenities.

(Ord. No. 2942, § 1, 9-4-90; Ord. No. 3424, § 32, 11-17-98)

Cross reference(s) – Hearing examiner, ch. 2.32; binding site plans for division of certain land for condominiums, ch. 12.07.

15.09.020 Zoning permit.

A. Zoning permits shall be required for all grading permits, buildings and structures hereafter erected, constructed, altered, repaired or moved within or into any district established by this title, and for the use of vacant land or for a change in the character of use of land or buildings within any district established by this title.

B. The zoning permit shall certify that the proposed use is in accordance with the requirements and standards of this title. A zoning permit shall not be issued until the development plan has been approved.

C. Zoning permits are categorized as Process I applications and shall be subject to the applicable requirements of Ch. 12.01 KCC. Any appeal of the final decision of the planning director shall be to the hearing examiner pursuant to the applicable requirements of Ch. 2.32 KCC and Ch. 12.01 KCC.

(Ord. No. 3424, § 33, 11-17-98)

15.09.030 Conditional use permit.

A. Purpose.

1. Conditional use permits, revocable, conditional or valid for a time period may be issued by the hearing examiner for any of the uses or purposes for which such permits are required or permitted by the terms of this title. The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only on certain conditions in specific locations in a zoning district, or if the site is regulated in a particular manner. A conditional use permit is categorized as a Process III application and shall be subject to the requirements of Ch. 2.32 KCC and Ch. 12.01 KCC.

2. Any use existing at the time of adoption of this title which is within the scope of uses permitted by a conditional use permit in the district in which the property is situated shall be deemed a conforming use without necessity of a conditional use permit.

3. Any expansion of an existing conditional use may be required to apply for a new conditional use permit if the planning manager finds that there is a change in the nature of the use by such expansion.

B. Application.

1. The owner or his agent may make application for a conditional use permit, which shall be on a form prescribed by the planning department and filed with the planning department. Applications for conditional use permits shall be filed in accordance with the requirements of Ch. 12.01 KCC.

2. Development plans shall be submitted, drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration. The plans shall show proposed landscaping, off-street parking, signs, ingress and egress and adjacent land uses. The plan shall include other information as may be required by the planning department.

C. Public hearing. The hearing examiner shall hold an open record public hearing on any proposed conditional use, and shall give notice thereof in accordance with the procedures established pursuant to Ch. 2.32 KCC and KCC 12.01.130 and 12.01.140.

D. Standards and criteria for granting. A conditional use permit shall only be granted after the hearing examiner has reviewed the proposed use to determine if it complies with the standards and criteria set forth below and in accordance with the requirements for Process III applications under Ch. 12.01 KCC. A conditional use permit shall only be granted if such finding is made.

1. The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district.

2. The size of the site is adequate for the proposed use.

3. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity.

4. The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity.

5. Adequate buffering devices such as fencing, landscaping or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects.

6. The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively.

7. The proposed use complies with the performance standards, parking requirements and other applicable provisions of this title.

8. Any other similar considerations may be applied that may be appropriate to a particular case.

E. Action of hearing examiner. Special conditions may be imposed on the proposed development to ensure that the proposed use will meet the standards and criteria of subsection (D) of this section in granting a conditional use permit. Guarantees and evidence that such conditions are being complied with may be required.

F. Appeals. The decision of the hearing examiner shall be final. Any appeal of the hearing examiner’s decision shall be pursuant to the appeal provisions of Ch. 12.01 KCC.

G. Period of validity. Any conditional use permit granted by the hearing examiner shall remain effective only for three (3) years unless the use is begun within that time or construction has commenced. If not in use or construction has not commenced within three (3) years, the conditional use permit shall become invalid.

(Ord. No. 2806, § 1, 10-18-88; Ord. No. 2863, § 2, 8-1-89; Ord. No. 3424, § 34, 11-17-98; Ord. No. 3600, § 8, 5-7-02; Ord. No. 3752, § 4, 5-17-05)

Cross reference(s) – Planning office responsibilities and duties regarding hearings, § 2.30.070.

15.09.040 Variances.

The hearing examiner shall have the authority to grant a variance where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title might result from the strict application of certain provisions. A variance may not be granted to allow a use that is not in conformity with the uses specified by this title for the district in which the land is located. (Note: Sign variances are heard by the city hearing examiner.)

A. Application. The owner or his agent may make application for a variance, which shall be on a form prescribed by the planning department and filed with the planning department. An application for a variance shall be filed in accordance with the requirements of Ch. 12.01 KCC.

1. A variance is categorized as a Process III application and shall be subject to the requirements of Ch. 12.01 KCC.

B. Public hearing. The hearing examiner shall hold an open record public hearing on any proposed variance in accordance with the requirements of Ch. 2.32 KCC and Ch. 12.01 KCC.

C. Conditions for granting. Before any variance may be granted, it shall be shown and the hearing examiner shall find that:

1. The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located;

2. Such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

D. Appeals. The decision of the hearing examiner shall be final. Any appeal of the hearing examiner’s decision shall be pursuant to the appeal provisions of Chapter 12.01 KCC.

E. Period of validity. Any variance authorized by the hearing examiner shall remain effective only for three (3) years, unless the use is begun within that time or construction has commenced. If not in use or construction has not commenced within three (3) years, the variance shall become invalid.

(Ord. No. 2863, § 3, 8-1-89; Ord. No. 3424, § 35, 11-17-98; Ord. No. 3600, § 9, 5-7-02; Ord. No. 3752, § 5, 5-17-05)

Cross reference(s) – Planning department shall advise hearing examiner on all variances and conditional exceptions.

15.09.042 Administrative variances.

A. Scope. The planning manager shall have the authority to grant an administrative variance for up to twenty-five (25) percent of the numerical zoning code standard for setbacks, lot coverage, and building height as provided in this title.

B. Application. The owner or his/her agent may make application for an administrative variance, which shall be on a form prescribed by the planning manager and filed with the planning department. An administrative variance is classified as a Process II application and shall be subject to the applicable requirements of Chapter 12.01 KCC. The planning manager shall review applications for completeness, and a notice of completeness will be issued within twenty-eight (28) calendar days after submittal. Those applications deemed incomplete shall be returned to the applicant for further action in accordance with the provisions of KCC 12.01.100.

C. Conditions for granting an administrative variance. The planning manager may grant an administrative variance if it is shown that:

1. The administrative variance does not detract from the desired character and nature of the vicinity in which it is proposed;

2. The administrative variance enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources;

3. The administrative variance 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

4. Granting the administrative variance does not constitute a threat to the public health, safety, and welfare within the city.

D. Appeals. Appeals of the planning manager shall be submitted within fourteen (14) calendar days of the date of the manager’s decision and shall be in accordance with the requirements of KCC 12.01.190.

E. Fee. The fee for an administrative variance shall be one hundred dollars ($100).

(Ord. No. 3333, § 1, 1-22-97; Ord. No. 3424, § 36, 11-17-98; Ord. No. 3600, § 10, 5-7-02)

15.09.045 Administrative design review.

A. Purpose and scope. Administrative design review is an administrative process, the purpose of which is to implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design criteria for development relative to site layout, landscape architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and encourage a diversity of imaginative solutions to development through the planning services division review and application of certain criteria. These criteria have been formulated to improve the design, siting, and construction of development projects so as to be compatible, both visually and otherwise, with the topographic, open space, urban, or suburban characteristics of the land or adjacent properties, while still maintaining allowable densities to be applied in a manner consistent with established land use policies, the comprehensive plan, this title, and community development goals of the city.

The adoption of design criteria is an element of the city’s regulation of land use, which is statutorily authorized. Application of the multifamily design process to the design criteria adopted in this section is established as an administrative function delegated to the planning services division pursuant to RCW Title 35A; therefore, in implementing the administrative design review process, the planning director may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. Further rules may be promulgated for additional administrative review.

B. Application and review process. Administrative design review process is classified as a Process II application and shall be subject to the applicable requirements of Chapter 12.01 KCC. The applicant must make application for the design review process on forms provided by the planning services division. Upon receipt of an application for design review, the planning director shall circulate the application to the public works director, building official, and the city administrator for review. Prior to making a final decision, the planning director shall review any comments submitted for consideration. In the administration of this process, the planning director may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in subsections (C) and (D) of this section, as well as a detailed explanation of the design review process.

C. Residential design review. In order to diminish the perception of bulk, and provide visual interest along residential home facades that face public areas, architectural design considerations shall be applied. Homes located within subdivisions and short subdivisions vested after March 22, 2007, or altered to comply with code amendments effective after March 22, 2007, shall be subject to residential design review. This design review shall be applied administratively as part of the building permit review process for each new home.

1. Orientation of homes. The entry facade of each dwelling unit shall be generally oriented toward the highest classification street from which access to the lot is allowed.

2. Attached units. A building that contains a grouping of attached units shall not exceed a two hundred (200) foot maximum length and shall be separated from other groups of attached units by a minimum fifteen (15) feet.

3. Architecture. Each dwelling unit facade that faces a public area shall, at a minimum, incorporate architectural elements as follows:

a. Two (2) elements of facade modulation and/or roofline variation;

b. The maximum horizontal facade length without one (1) element of either facade modulation or roofline variation shall be twenty (20) feet; and

c. Three (3) architectural detail elements.

4. Garages. Dwelling units within subdivisions and short subdivisions shall provide diminished garage doors according to the percentage and locations approved with the subdivision and short subdivision.

D. Multifamily design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the multifamily design review process:

1. Site design.

a. The site plan for the development should be integrated with the surrounding neighborhood.

b. The site plan should take into consideration significant environmental considerations and the lay of the land.

c. The site plan should provide an open space network which will accommodate a wide variety of activities, both semipublic and private.

d. The site plan should accommodate vehicular access and parking in a manner which is convenient, yet does not allow the automobile to dominate the site.

e. The site plan should provide safe and convenient pedestrian circulation.

2. Landscape design.

a. The landscape plan should integrate with and enhance the surrounding neighborhood landscape.

b. The landscape plan should incorporate existing natural features of significance.

c. The landscape plan should enhance the planned open space network.

d. The landscape plan should enhance the parking and utility areas on the site.

e. The landscape plan should enhance building forms and orientation.

f. The landscape plan should indicate the use of plant species suited to the microclimate of the site and should provide for maintenance of these plants.

3. Building design.

a. The buildings in the development should, where appropriate, maintain neighborhood scale and density.

b. The buildings in the development should be oriented to provide for privacy of residents.

c. The exterior design of all buildings in the development should provide for individual unit identity.

E. Multifamily transition areas. Through the administrative design review process, specific multifamily transition area requirements may be waived or modified where the applicant demonstrates an alternative site plan which fulfills an equivalent function to the multifamily transition area requirements. Elements which may be evaluated under this process include general site layout, building placement and orientation, parking and maneuvering arrangements, landscaping, and other screening and buffering provisions.

1. Required findings. In order to modify or waive any multifamily transition area requirement, the planning director must find that all of the following criteria have been met:

a. The proposal will accomplish the same or better protection of an abutting single-family district from impacts of noise, traffic, light, and other environmental intrusions caused by the multifamily development.

b. The proposal will accomplish the same or better transition between the multifamily development and abutting streets, including adequate buffering of the multifamily development from the street, and vice versa.

c. The proposal is compatible with surrounding uses. Compatibility includes but is not limited to site layout, size, scale, mass, and provisions for screening and buffering. The planning director shall issue a report of his findings, conclusions, and determination for each proposal under this section.

F. Mixed use design review. The planning services division shall use the following criteria in the evaluation and/or conditioning of applications under the mixed use design review process when a project includes residential use:

1. The following criteria should apply to all mixed use with a residential component development:

a. Some common recreation space roofs, terraces, indoor rooms, courtyards.

b. Lighting features that are shielded, directing light downwards.

c. The residential portion of the building should incorporate residential details, such as window trim, trellises, balconies, and bay windows.

d. The residential component should have an obvious, generous entrance, within features suggesting a “front door” for example, a lobby, trellis, gate, archway, or courtyard.

2. The following criteria shall apply to mixed use development:

a. If the residential component is located away from the main street, a landscaped pedestrian path should be provided between the entrance and public sidewalk.

b. Although the commercial and residential components may have different architectural expressions, they should exhibit a number of elements that produce the effect of an integrated development.

c. Surface parking should be generously landscaped to serve as an amenity. Lighting fixtures should not exceed the height of the first floor.

3. The following criteria shall apply to mixed use buildings with a residential component:

a. Parking lots, if used, should be divided into small increments, separated by landscaping and structures, so that parking does not dominate the site.

b. Articulated by use of different materials, generous windows with low sill heights, “store” doors, canopies, and planters.

c. Residential floors should be expressed in an obvious manner, with stepbacks, change in materials or color, and overhangs.

d. Commercial signs should be contained within the first floor commercial base and not extend up into the residential floor facades.

G. Transit-oriented community design review. The planning services division shall use the following criteria in the evaluation or conditioning of applications under the transit-oriented community design review process:

1. The Midway Design Guidelines as an adopted element of the city’s regulation of land use, which is statutorily authorized, shall apply to all development with a land use plan map designation of transit-oriented community.

2. Residential use design review. In addition to the Midway Design Guidelines, the following design requirements apply to residential uses and development:

a. Openings from the build-to line. When a residential unit has direct access to the public domain, a ten (10) foot front yard shall be provided. When residential units have access through a main location, such as an atrium, courtyard or other main entryway, said access shall be at the build-to line.

b. Open space. Residential development shall provide not less than twenty (20) percent of the gross land area for common open space, which shall be:

i. Designed to provide either passive or active recreation;

ii. If under one (1) ownership, owner shall be responsible for maintenance;

iii. If held in common ownership by all owners of the development by means of a homeowners’ association, said association shall be responsible for maintenance. If such open space is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners’ association accordingly. If unpaid, such bills shall be a lien against the homeowners’ association; or

iv. Dedicated for public use if accepted by the city legislative authority or other appropriate public agency.

c. Storage of recreational vehicles. The storage or parking of recreational vehicles shall be prohibited.

H. Appeals. The decision of the planning director to condition or reject any application under the administrative design review process is final unless an appeal is made by the applicant or any party of record to the hearing examiner within fourteen (14) calendar days of either the issuance of the director’s conditional approval under this section of any application, or the director’s written decision rejecting any application under this section. The appeal shall be conducted by the hearing examiner as an open record appeal hearing in accordance with the requirements of Chapters 2.32 and 12.01 KCC. The decision of the hearing examiner shall be final unless an appeal is made to the superior court within twenty-one (21) calendar days after the hearing examiner’s notice of decision.

(Ord. No. 3409, § 58, 7-7-98; Ord. No. 3424, § 37, 11-17-98; Ord. No. 3830, § 20, 3-6-07; Ord. No. 4011, § 22, 12-13-11)

15.09.046 Downtown design review.

A. Purpose and scope.

1. Downtown design review is an administrative process, the purpose of which is to implement and give effect to the downtown plan, its policies or parts thereof, through the adoption of downtown design guidelines, as set forth in subsection (D) of this section, for development within the downtown planning area, which is bounded by State Route 167 to the west, Cloudy Street to the north, Kennebeck/Clark/Jason/Titus/Central Avenue to the east, and Willis Street to the south. The area, co-terminous with the downtown districts identified in the downtown strategic action plan, is shown on the map following this section.

It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning development in the downtown planning area and encourage a diversity of imaginative solutions to development through the review and application of the downtown design guidelines. These guidelines have been formulated to ensure that the design, siting, and construction of development will provide a quality pedestrian-oriented urban environment in a manner consistent with established land use policies, the comprehensive plan, and the zoning code of the city.

2. The adoption of the downtown design guidelines is an element of the city’s regulation of land use, which is statutorily authorized. The downtown design review process adopted herein is established as an administrative function delegated to the city’s planning services office pursuant to RCW Title 35A. Therefore, in implementing the downtown design review process, the planning manager may adopt such rules and procedures as are necessary to provide for review of proposed projects.

3. All development within the downtown planning area shall be subject to the provisions of this section.

4. The downtown design review process is distinct from the multifamily design review process set forth in KCC 15.09.045. Applications for multifamily development within the DC, DCE, and DLM zoning districts shall be subject to the provisions of KCC 15.09.045 in addition to the provisions of this section, except as provided in KCC 15.09.045(D). However, the provisions of this section shall prevail in cases where a conflict may arise between the requirements of the two (2) sections.

B. Application and review process. The downtown design review process is administrative and is conducted as part of the permit review process. The applicant must make application for the design review process on forms provided by planning services. Upon receipt of an application for design review, the planning manager shall circulate the application to the appropriate city departments and offices for review. Prior to issuing a final decision, the planning manager shall review any comments submitted for consideration. In the administration of this process, planning services may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the criteria set forth in the downtown design guidelines.

C. Design review committee. There is hereby established the downtown design review committee, which shall make all final decisions on applications for downtown design review. The committee shall be comprised of three (3) members, who shall be appointed by the planning manager under the authority delegated to him under RCW Title 35A. The members shall serve at the pleasure of the planning manager. The planning manager shall, by administrative rule, establish the rules of procedure for the committee, which shall be made available to the public upon publication.

D. Downtown design guidelines – Adoption. The downtown design review committee shall use the downtown design guidelines in the evaluation and/or conditioning of applications under the downtown design review process. The downtown design guidelines, entitled “Kent Downtown Design Guidelines,” initially prepared by the city of Kent planning services in collaboration with MAKERS, Architecture and Urban Design and Mark Hinshaw of LMN Architecture, dated September 19, 2000, and subsequent amendments thereto are hereby adopted by this reference as authorized pursuant to RCW 35A.12.140 and shall be placed on file in the offices of the city clerk and planning services.

E. Appeals. The decision of the downtown administrative design review committee to approve, condition, or reject any application under the downtown design review process is final unless an appeal is made to the hearing examiner within fourteen (14) calendar days of either the issuance of the committee’s conditional approval or rejection of any application under this section. Appeals to the hearing examiner shall be conducted as set forth in Chapter 2.32 KCC. The decision of the hearing examiner shall be final, unless an appeal is made to the King County superior court, within twenty-one (21) calendar days of the date of the decision.

(Ord. No. 3050, § 10, 7-7-92; Ord. No. 3409, § 60, 7-7-98; Ord. No. 3424, § 38, 11-17-98; Ord. No. 3457, § 1, 5-4-99; Ord. No. 3525, § 1, 9-19-00; Ord. No. 3742, § 6, 4-19-05; Ord. No. 3988, § 4, 1-4-11)

15.09.049 Mixed use design review.

Repealed by Ord. No. 3409.

(Ord. No. 3345, § 6, 5-7-97)

15.09.050 Amendments.

This title may be amended by the city council by changing the boundaries of zoning districts (rezones which change the official zoning map) or by changing any other provisions thereof (text amendments which add, delete or otherwise modify the text of this title) whenever the public necessity and convenience and the general welfare require such amendment, by following the procedures of this section.

A. Initiation. An amendment may be initiated as follows:

1. Amendments to the text of this title and official zoning map amendments may be initiated by resolution of intention by the city council. Text amendments are heard by the land use and planning board and city council; zoning map amendments are heard by the hearing examiner. In the case of area-wide zoning or rezoning, both text amendments and zoning map amendments may be heard by the land use and planning board and city council in accordance with Ch. 12.01 KCC.

2. Amendments to the text of this title may be initiated by resolution of intention by the land use and planning board.

3. Official zoning map amendments (rezones), including the application of the “C” suffix, may be initiated by application of one (1) or more owners, or their agents, of the property affected by the proposed amendment, which shall be made on a form prescribed by the planning department and filed with the planning department. The application shall be submitted in the manner required for Process IV applications. The hearing examiner shall consider the application in an open record predecision hearing in accordance with Chs. 2.32 and 12.01 KCC.

B. Public hearing. The hearing examiner shall hold an open record predecision hearing on any proposed amendment, and shall give notice thereof in accordance with the requirements of Ch. 12.01 KCC.

C. Standards and criteria for granting a request for rezone. The following standards and criteria shall be used by the hearing examiner and city council to evaluate a request for rezone. Such an amendment shall only be granted if the city council determines that the request is consistent with these standards and criteria and subject to the requirements of Ch. 12.01 KCC.

1. The proposed rezone is consistent with the comprehensive plan.

2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity.

3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated.

4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone.

5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the city.

D. Rezoning to M1-C. The hearing examiner and the city council shall use the standards and criteria provided in subsection (C) of this section to evaluate a request for rezone to M1-C. In addition, the hearing examiner and city council shall evaluate a request for M1-C on the basis of the following standards and criteria. Such an amendment shall only be granted if the city council determines the request is consistent with these standards and criteria and subject to the requirements of Ch. 12.01 KCC.

1. The proposed rezone is in close proximity or contiguous to major arterial intersections identified on the comprehensive plan map as being appropriate locations for commercial-type land uses.

2. Rezoning to M1-C shall not be speculative in nature, but shall be based on generalized development plans and uses.

E. Rezone to mixed use overlay. The hearing examiner and the city council shall use the standards and criteria provided in subsection (C) of this section to evaluate a request for expanding the boundaries of the mixed use overlay boundary which is located in the GC, CC, and O zoning districts. In addition, the hearing examiner and city council shall evaluate a request for expanding the mixed use overlay on the basis of the following standards and criteria. Such an amendment shall only be granted if the city council determines the request is consistent with these standards and criteria and subject to the requirements of Ch. 12.01 KCC.

1. The proposed rezone is contiguous to an existing mixed use overlay area, or is at least one (1) acre in size.

2. The proposed area is located within close proximity to existing residential uses and existing commercial uses which would support residential use.

3. The proposed area is located in close proximity to transit stops, parks, and community facilities.

F. Rezoning to MR-T. The hearing examiner and the city council shall use the standards and criteria provided in subsection (C) of this section to evaluate a request for rezone to MR-T. In addition, the hearing examiner and city council shall evaluate a request for MR-T on the basis of the following standards and criteria. Such an amendment shall only be granted if the city council determines the request is consistent with these standards and criteria and subject to the requirements of Ch. 12.01 KCC.

1. The proposed rezone site is adjacent to or has convenient access to an arterial street to ensure that the traffic accessing the MR-T development minimizes the disruption to single-family residential neighborhoods.

G. Recommendation of hearing examiner. Following the public hearing provided for in this section, the hearing examiner shall make a report of findings and recommendations with respect to the proposed amendment and shall forward such to the city council, which shall have the final authority to act on the amendment.

H. City council action/appeal.

1. The city council shall, at a regular public meeting, consider the recommendation and issue a final decision. The decision of the city council is appealable to the King County superior court within twenty-one (21) calendar days from the issuance of a notice of decision and in accordance with the requirements of Ch. 12.01 KCC and Chapter 36.70(C) RCW.

2. If the application for an amendment is denied by the city council, the application shall not be eligible for resubmittal for one (1) year from date of the denial, unless specifically stated to be without prejudice. A new application affecting the same property may be submitted if, in the opinion of the hearing examiner, circumstances affecting the application have changed substantially.

(Ord. No. 2863, § 4, 8-1-89; Ord. No. 3123, § 1, 6-15-93; Ord. No. 3345, § 7, 5-7-97; Ord. No. 3424, § 39, 11-17-98; Ord. No. 3470, § 14, 8-17-99)

15.09.055 Zoning of annexed lands.

A. Purpose. It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with city goals, policies, and plans.

B. Determination of planning director. Whenever the council shall determine that the best interest and general welfare of the city would be served by annexing territory, the planning director will cause an examination to be made of the comprehensive plan of the city. If the city council determines that the comprehensive plan is not current for the area of the proposed annexation, the planning director will cause an application to be made to the land use and planning board for an update of the comprehensive plan. In addition, the planning director will cause an application to be filed with the land use and planning board for an initial zoning recommendation.

C. Recommendation of the land use and planning board.

1. Comprehensive plan. Upon application by the planning director, the land use and planning board shall hold at least one (1) open record public hearing to consider the comprehensive plan for the area of the proposed annexation. Notice of the time, place, and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and in the area to be annexed at least ten (10) calendar days prior to the hearing. Upon completion of the hearing, the land use and planning board shall transmit a copy of its recommendations for the comprehensive plan to the council for its consideration.

2. Initial zoning. In addition, the land use and planning board shall hold at least one (1) open record public hearing to consider the initial zoning for the area of the proposed annexation. Notice of the time, place, and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and in the area to be annexed at least ten (10) calendar days prior to the hearing.

D. City council action.

1. Comprehensive plan. Within sixty (60) calendar days of the receipt of the recommendation from the land use and planning board for the comprehensive plan for the area of the proposed annexation, the city council shall consider the comprehensive plan at a public meeting. The council may approve or disapprove the comprehensive plan as submitted, modify and approve as modified, or refer the comprehensive plan back to the land use and planning board for further proceedings. If the matter is referred to the land use and planning board, the council shall specify the time within which the land use and planning board shall report back to the council with findings and recommendations on the matters referred to it. An affirmative vote of not less than a majority of the total members of the council shall be required for approval.

2. Initial zoning. Upon receipt of the recommendations of the land use and planning board for the initial zoning of the area of the proposed annexation, the council shall hold two (2) or more public hearings at least thirty (30) calendar days apart. Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation in the city and in the area to be annexed at least ten (10) calendar days prior to the hearing. The ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the city. The city clerk shall file a certified copy of the ordinance and any accompanying maps or plats with the county auditor.

(Ord. No. 3409, § 62, 7-7-98: Ord. No. 3424, § 40, 11-17-98; Ord. No. 4003, § 10, 9-20-11)

15.09.060 Administrative interpretation generally.

The planning director may make interpretations of the provisions of this title. Such administrative interpretations shall include determinations of uses permitted in the various districts, and approval or disapproval of development plans and zoning permits. Other interpretations may be made as specific circumstances arise which require such interpretations. The purpose of such administrative interpretations is to provide a degree of flexibility in the administration of this title while following the intent of the city council. Administrative interpretations are subject to applicable requirements of Process I applications per Ch. 12.01 KCC.

(Ord. No. 3424, § 41, 11-17-98)

15.09.065 Interpretation of uses.

A. Land uses which are listed as principally permitted uses in the Land Use Tables shall be permitted subject to the review processes, standards, and regulations specified in Title 15. If a use is not listed in the Land Use Tables, it shall be considered to be a prohibited use unless the planning director determines it to be a permitted use following the process outlined below. If a proposed use is not specifically listed in the Land Use Tables, an applicant may request from the planning director an interpretation as to whether or not such use is a permitted use. In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the planning director shall utilize the following criteria:

1. The use resembles or is of the same basic nature as a use expressly authorized in the applicable zoning district or districts in terms of the following:

a. The activities involved in or equipment or materials employed in the use;

b. The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, and aesthetic appearance.

2. The use is consistent with the stated purpose of the applicable district or districts.

3. The use is compatible with the applicable goals and policies of the Comprehensive Plan.

B. A record shall be kept of all interpretations and rulings made by the planning director. Such decisions shall be used for future administration. The planning director shall report decisions to the land use and planning board when it appears desirable and necessary to amend this code. The planning director’s determination is classified as a Process I application and shall be processed and subject to the applicable requirements of Ch. 12.01 KCC and may be appealed as provided in Ch. 12.01 KCC.

C. Appeals. Any appeal from the planning director’s determination shall be an open record appeal hearing and shall be filed in accordance with the procedures established for Process I applications under Ch. 12.01 KCC.

(Ord. No. 3409, § 63, 7-7-98: Ord. No. 3424, § 42, 11-17-98)

15.09.070 Appeal of administrative interpretations.

A. Any appeal of administrative decisions relating to the enforcement or interpretation of this title, unless otherwise specifically provided for in this chapter, shall be in writing, and shall be filed with the planning department within fourteen (14) calendar days after such decision, and in the manner set forth in Ch. 12.01 KCC.

B. The appeal shall be heard by the hearing examiner, and the hearing examiner shall render his or her decision in accordance with the requirements of Ch. 2.32 KCC and Ch. 12.01 KCC.

(Ord. No. 3424, § 43, 11-17-98)

15.09.080 Revocation of permits or variances.

Any zoning permit, planned unit development permit, conditional use permit or variance granted in accordance with the terms of this title may be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith.

15.09.090 Performance standards procedures.

The planning director shall have the power to authorize the following procedures prior to the issuance of a zoning permit for industrial uses as provided for in the several industrial districts:

A. Application for zoning permit. An application for a zoning permit for a use subject to performance standard procedures shall be submitted by the owner or his agent in duplicate on a form prescribed by the planning department. The applicant shall also submit in duplicate a plan of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in restricting the creation or emission of dangerous and objectionable elements as set forth in KCC 15.08.050(D). The applicant shall also provide such supporting scientific, technical or other data or information as is necessary to establish that the use will comply with the performance standards set forth in KCC 15.08.050.

B. Review by expert consultants. The planning director, upon obtaining approval of the costs by the city council, may refer the application for review and report to one (1) or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in KCC 15.08.050 in a manner set forth in the application. A copy of such report shall be filed with the planning department for inspection by interested persons.

C. Review by planning director. Within thirty (30) days after the planning department has received the application provided for in this section, or within such period as agreed to by the applicant, the planning director shall decide whether the proposed use will conform to the applicable performance standards, and on such basis shall authorize or refuse to authorize issuance of a zoning permit, or require a modification of the proposed equipment or operation. Any zoning permit so authorized and issued shall be conditioned upon, among other things, the applicant’s completed buildings and installations conforming in operation to the applicable performance standards.

D. Continued enforcement.

1. The planning department shall investigate any purported violation of performance standards. For the purpose of investigating such violations, the planning director may employ qualified experts.

2. After investigation, on due notice to the alleged violator, the planning director may order the violations corrected within a prescribed period of time, and if such violations are not so corrected may order the violator to cease and desist from carrying on that portion of the operation or process causing a violation.

E. Violations. If violation has occurred, the planning director shall report to the city attorney if the violation was wilful or likely to occur again, and the city attorney may order the violator to take such steps as are necessary to ensure future compliance with this chapter. The procedure provided in this subsection shall not be exclusive, and, if the violation has been wilful or without reasonable justification the violator may be prosecuted as for a misdemeanor.

15.09.095 Cleanup of solid waste and hazardous waste facilities.

Application of land use and zoning regulations contained in Ch. 15.04 KCC, off-street parking and loading requirements of Ch. 15.05 KCC, landscaping regulations of Ch. 15.07 KCC, general and supplemental provisions of Ch. 15.08 KCC, and administration provisions of Ch. 15.09 KCC relating to development plan review, zoning permits and conditional uses relating to the required cleanup of solid waste and hazardous waste facilities under this title shall be governed under procedures and requirements as set forth in KCC 11.02.060.

(Ord. No. 2745, § 4, 9-15-87)

15.09.300 Responsibility for establishment of lot lines and setback lines.

Notwithstanding any provisions in this title to the contrary, the city shall have no duty to verify or establish lot lines or setback lines at a development. The location of lot lines or setback lines at a development and construction related thereto shall be the responsibility of the applicant and owner.

(Ord. No. 2662, § 2, 10-6-86)