Chapter 12.50


12.50.010    Adoption.

12.50.020    Terms.

12.50.030    Applicability.

12.50.040    Developments.

12.50.050    References.

12.50.060    Variances.

12.50.070    Appeals from decisions on variances.

12.50.150    Interpretation.

12.50.160    Penalties.

12.50.170    Severability.

12.50.180    Temporary elimination of frontage requirements.

12.50.010 Adoption.

A. The City of Kenmore 2016 road standards (the standards), along with all companion documents referenced in Section 1.02 of the standards, are hereby approved, adopted and incorporated herein as the City of Kenmore standards for street design and construction.*

B. Consistent with the council’s direction and intent in adopting the standards, the department of public works is hereby authorized to develop public rules and make minor changes to the standards, or the referenced companion documents, in order to better implement the standards and as needed to stay current with changing design, environmental, and construction technology and methods. [Ord. 16-0428 § 2 (Att. A); Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.010).]

*Code reviser’s note: The standards and the companion documents are on file in the office of the city clerk.

12.50.020 Terms.

A. “Standards” means the City of Kenmore 2016 road standards.

B. “Engineer” means the public works director, having authorities specified in RCW 36.75.050 and Chapter 36.80 RCW, or his/her authorized representatives.

C. “City manager” means the city manager or designee.

D. Additional terms are defined in Section 1.01 of the standards. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.020).]

12.50.030 Applicability.

A. The standards shall apply to all newly constructed street and right-of-way facilities, both public and private, within the City.

B. The standards shall apply to modifications of roadway features or existing facilities, roadway widening, pedestrian facility improvements or alterations, bicycle facility improvements or alterations, road improvements for land developments, and capital improvement projects.

C. The standards shall apply to every new placement and every planned, nonemergency replacement or repair of existing utility poles and other utility structures within the City right-of-way. Every effort shall be made to meet the standards during emergency replacement of existing utility poles and other structures.

D. Design detail, construction workmanship, and materials shall be in accordance with the standards and the latest edition of the companion documents referenced in Section 1.02 of the standards. Design and construction shall meet the applicable standards, policies and codes, including the standards, this code, the City comprehensive or master plans, as well as project specific City approved geotechnical reports, traffic impact studies, and/or drainage reports, as determined by the city manager. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.030).]

12.50.040 Developments.

Any land development which is required by operation of any City ordinance or adopted standard to improve streets within, abutting, or serving the development shall do so in accordance with these standards. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.040).]

12.50.050 References.

The standards implement and are intended to be consistent with the references listed in Section 1.02 of the standards. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.050).]

12.50.060 Variances.

A. A variance is required for any design or construction deviation from the standards and shall be a Type 1 decision per Chapter 19.25 KMC.

B. A variance from these standards may be granted upon evidence that the variance is in the public interest and that the requirements for safety, function, fire protection, transit needs, appearance and maintainability are fully met. The need for a variance is not assumed by the City to be evidence of an impractical or undesirable design, and variances that meet these requirements are encouraged to keep the City at the forefront of innovative design and construction.

C. Variance requests for subdivisions shall be proposed at preliminary plat stage and prior to any public hearing. All known variance requests must be reviewed by the City prior to approval of the engineering plans for construction. Variances from these standards which do not meet the International Fire Code, as adopted by the City, will require concurrence by the City’s fire marshal.

D. Applications for Road Variances:

1. Applications for proposed variances shall be written, including graphics and drawings as needed to support the request, and shall include a specific description of the proposed alternative along with supporting documentation. Documentation may include, but is not limited to, a record of successful use by other agencies, or evidence of meeting criteria for quality/safety such as AASHTO and WSDOT standards.

2. The applicant shall indicate those sections of the standards or this code which are proposed for deviation.

3. Variance requests shall be on forms prescribed by the City and shall be accompanied by the variance review fee as specified in the City of Kenmore fee schedule.

E. Variances to these standards may also be granted by the city council through a development agreement per Chapter 18.110 KMC.

F. Capital improvement projects performed by the City or its representatives need not file for a formal variance request; provided, that all deviations from the standards are documented during design. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.060).]

12.50.070 Appeals from decisions on variances.

The department of public works by rule shall establish procedures governing the administrative appeal of the city manager’s decision on a request for variance made in accordance with KMC 12.50.060. The department’s decision on such appeals shall be final. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.062).]

12.50.150 Interpretation.

The city manager is authorized to interpret the standards, provide guidelines for their implementation, promulgate rules, and to resolve conflicts or inconsistencies that may arise in their interpretation or application. [Ord. 15-0410 § 1 (Att. A); Ord. 00-0096 § 8.]

12.50.160 Penalties.

Failure to comply with the standards may result in denial of plan or development permit approval, revocation of prior approvals, legal action for forfeiture of financial guarantee, code enforcement, and/or other penalties as provided by law. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.070).]

12.50.170 Severability.

If any part of the standards is found invalid, all other parts shall remain in effect. [Ord. 15-0410 § 1 (Att. A); Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.42.080).]

12.50.180 Temporary elimination of frontage requirements.

Notwithstanding any other provision of this chapter, the City temporarily eliminates the frontage requirements and standards set forth in KMC 12.50.030 and 12.50.040 and Sections 1.06, 2.05 and 2.06 of the 2016 Road Standards from any applicant seeking development approval from the City for any change of use in an existing building in the north subarea of the regional business zone; provided, that this section shall not apply to dwelling units; provided further, that this section shall not apply to projects that add to, increase or expand the gross floor area of an existing building; and provided further, that this section shall apply only to the use, renovation or remodeling of an existing building and shall not apply to redevelopment projects or other projects in which an existing building is replaced or substantially redeveloped. The term “existing building” in this section means a building that was constructed before July 1, 2015. This section shall apply to projects for which a complete development approval application is filed with the City on April 1, 2017, through December 31, 2019. This section shall automatically expire on December 31, 2019. [Ord. 17-0436 § 4.]