Chapter 18.10


18.10.010    Title.

18.10.030    Purpose.

18.10.040    Conformity with this title required.

18.10.050    Minimum requirements.

18.10.055    City manager authority.

18.10.060    Interpretation – General.

18.10.070    Written interpretation of this code.

18.10.073    Interpretation of land uses.

18.10.075    Interpretation of unclassified uses.

18.10.078    Interpretation of land use groupings.

18.10.080    Interpretation – Zoning maps.

18.10.085    Classification of right-of-way.

18.10.010 Title.

This title shall be known as the zoning code, hereinafter referred to as “this title.” [Ord. 11-0329 § 3 (Exh. 1).]

18.10.030 Purpose.

The general purposes of this title are:

A. To encourage land use decisionmaking in accordance with the public interest and applicable laws of the State of Washington;

B. To protect the general public health, safety, and welfare;

C. To implement the comprehensive plan’s policies and objectives through land use regulations;

D. To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

E. To provide for adequate public facilities and services in conjunction with development;

F. To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development; and

G. To minimize uses of land that impose negative externalities on persons or properties outside of the property on which the negative externalities are generated. [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

18.10.040 Conformity with this title required.

A. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.

B. Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title and KMC Title 17, Land Division.

C. All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title as well as any other applicable local, State or federal law. Where a difference exists between this title and other City regulations, the more restrictive requirements shall apply, except for special event permits approved and permitted in accordance with Chapter 8.40 KMC.

D. Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply. [Ord. 12-0335 § 6; Ord. 11-0329 § 3 (Exh. 1).]

18.10.050 Minimum requirements.

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. [Ord. 11-0329 § 3 (Exh. 1).]

18.10.055 City manager authority.

The city manager shall have the authority and discretion to administer the provisions of this title, to make determinations with regard to the applicability of the regulations, to interpret unclear provisions, to require additional information to determine the level of detail and appropriate methodologies for required analysis, to prepare application and informational materials as required, to promulgate procedures and rules for unique circumstances not anticipated within the standards and procedures contained within this title, and to enforce requirements. [Ord. 11-0329 § 3 (Exh. 1).]

18.10.060 Interpretation – General.

A. In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.

B. A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise.

C. In case of any ambiguity, difference of meaning, or implication between the text and any heading, caption, or illustration, the text and the permitted use information in Chapters 18.21 through 18.28A KMC shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section.

D. Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this code, all words and terms used in this code shall have their customary meanings.

E. Except for other agencies with authority to implement specific provisions of this code, the department may issue interpretations of this code.

F. An interpretation of this code will be enforced as if it is part of this code. [Ord. 11-0329 § 3 (Exh. 1).]

18.10.070 Written interpretation of this code.

A. The city manager may, acting on his/her own initiative or in response to an inquiry, issue written interpretations of any of the provisions of this code. The city manager shall base his/her interpretations on:

1. The defined or common meaning of the words of the provision; and

2. The general purpose of the provision as expressed in the provision; and

3. The logical or likely meaning of the provision viewed in relation to the comprehensive plan.

B. Written interpretations shall include references to affected code sections.

C. All written interpretations of this code, filed sequentially, shall be available for public inspection and copying in the department during regular business hours.

D. A written interpretation of this code may be appealed to the hearing examiner, as provided for in Chapter 19.30 KMC. [Ord. 11-0329 § 3 (Exh. 1).]

18.10.073 Interpretation of land uses.

Definitions of land uses are provided in Chapter 18.20 KMC. However, to help with administrative interpretations of land uses, the North American Industry Classification System (NAICS) land use codes and exceptions to them have been included with the definitions to provide general guidance. Strict compliance with NAICS is not mandatory. All references to NAICS are to the titles and descriptions found in the 2012 U.S. NAICS Manual prepared by the United States Office of Management and Budget, as amended. NAICS categorizes each land use under a two- through six-digit hierarchical classification system. Each digit in the code is part of a series of progressively narrower categories, and more digits in the code signify greater classification detail. [Ord. 14-0391 § 2 (Exh. 1).]

18.10.075 Interpretation of unclassified uses.

Upon inquiry by an applicant, an administrative interpretation shall be made by the city manager to determine if a proposed use not specifically classified is allowed utilizing the criteria below. Should interpretation be made that a proposed, unclassified use not be allowed in a specific zoning district, the city manager shall indicate with which zone, if any, the use is consistent. If the city manager’s interpretation indicates that an unclassified use is not consistent with the permitted, conditional or accessory uses in any district, or if the applicant does not concur with the permit type applied to a use, a Type 2 appeal may be made pursuant to Chapter 19.30 KMC.

A. Criteria for Unclassified Uses. To determine whether an unclassified use is permitted, conditionally permitted or accessory, the city manager shall determine the use is:

1. In keeping with the purpose and intent of the zone, and consistent with the Kenmore comprehensive plan policies;

2. Similar in nature to, and no more intense than, a specifically listed permitted, conditional or accessory use;

3. Similar to the physical characteristics, supporting structures, scale, traffic, hours of operation, and other features of specifically listed permitted, conditional or accessory uses; and

4. If determined to be permissible as an accessory use, the accessory use shall be incidental, necessary and commonly found with the permitted or conditionally permitted use and consistent with the definition of accessory uses or structures in Chapter 18.20 KMC. [Ord. 11-0329 § 3 (Exh. 1).]

18.10.078 Interpretation of land use groupings.

Several land use groupings have been devised for purposes of Chapters 18.35 and 18.40 KMC: KMC 18.20.1203, General services land uses; 18.20.1233, Government/business services land uses; 18.20.1678, Manufacturing land uses; 18.20.2232, Recreational/cultural land uses; 18.20.2275, Regional land uses; 18.20.2325, Residential land uses; 18.20.2327, Resource land uses; and 18.20.2362, Retail land uses. Within these groupings, both the general classified land use terms and more specific terms for uses that fall under the general classified land use terms may appear. For example, the general classified land use term recreational facility, outdoor is included in the recreational/cultural land uses land use grouping, but stable, which is a more specific type of outdoor recreational facility, is included in the general services land uses land use grouping. In cases where both the general classified land use term and a more specific term are used in the land use groupings, the general classified land use term should be assumed to not include the more specific term. [Ord. 17-0438 § 3 (Att. B).]

18.10.080 Interpretation – Zoning maps.

Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:

A. Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non-street-related uses by adjacent property owners, if allowed in the right-of-way, shall meet the same zoning requirements regulating the property owners’ lot;

B. Where boundaries are indicated as approximately following lot lines, the actual lot lines shall be considered the boundaries;

C. Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change, the boundaries shall be considered to move with them; and

D. If none of the rules of interpretation described in subsections A through C of this section apply, then the zoning boundary shall be determined by map scaling. [Ord. 11-0329 § 3 (Exh. 1).]

18.10.085 Classification of right-of-way.

A. Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this title, land contained in rights-of-way for streets or alleys shall be considered unclassified.

B. Within street or alley rights-of-way, uses shall be limited to street purposes as defined by law.

C. Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged. [Ord. 11-0329 § 3 (Exh. 1).]