Chapter 10.04 PROHIBITION ON RESTRICTIVE LAND USE PRACTICES

Chapter 10.04
PROHIBITION ON RESTRICTIVE LAND USE PRACTICES Revised 11/25

Sections:

10.04.040 Violations – Penalty. Revised 11/25

10.04.010 Purpose. Revised 11/25

Private land use practices that prohibit the operation of grocery stores, drug stores, and pharmacies frustrate the city’s long-term land use planning goals, prevent communities from accessing healthy food, contribute to empty real property and vacant lots, and artificially restrain the available market for operators.

The purpose of this chapter is to promote the public health, safety, general welfare, environmental health, economic health, and well-being of the city by prohibiting the use of real property covenants that prevent, prohibit, or limit the use of real property as a grocery store, drug store, or pharmacy. The city council finds that such covenants are contrary to public policy and are declared void and unenforceable if they are executed on or after the effective date of the ordinance codified in this chapter.

(Ord. No. 4523, § 1, 10-21-25)

10.04.020 Definitions. Revised 11/25

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

A. Drug store means a retail store that sells primarily household goods, health products, or beauty products and nonprescription or prescription medicine but does not include a gasoline service station.

B. Grocery store means a retail store or market that sells primarily household foodstuffs for off-site consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods but does not include a gasoline service station.

C. Pharmacy means a business licensed as a pharmacy under Chapter 18.64 RCW for the retail sale and dispensing of drugs.

D. Covenant means land covenants, use restrictions, negative easements, and other legal clauses or provisions executed by private parties that seek to prevent, prohibit, or limit the use of real property for a particular purpose or seek to impose a cost on the use of real property for a particular purpose.

(Ord. No. 4523, § 1, 10-21-25)

10.04.030 Prohibitions. Revised 11/25

A. Prohibition on specified covenants. It shall be unlawful for any person or business to include, or agree to the inclusion of, a covenant or other use restriction in a deed, recorded document, contract, agreement, lease, or other legal instrument that prohibits or otherwise limits the use of any real property as a grocery store, drug store, or pharmacy. A covenant executed on or after the effective date of the ordinance codified in this chapter that prohibits the use of real property in the city as a grocery store, drug store, or pharmacy shall be void and unenforceable.

B. Prohibition on withholding real property. It shall be unlawful for any person or business to purchase, lease, or retain possession of real property with the intent to restrain trade by prohibiting the operation of a grocery store, drug store, or pharmacy at that property.

(Ord. No. 4523, § 1, 10-21-25)

10.04.040 Violations – Penalty. Revised 11/25

A. Civil code enforcement action. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 KCC for which a monetary penalty may be assessed.

B. Criminal offense. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the Kent City Code may be charged criminally, pursuant to KCC 1.04.030(B).

C. Civil infraction. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter may be issued a class 1 civil infraction pursuant to RCW 7.80.120, as currently enacted or hereafter amended, and KCC 1.04.225.

D. Other remedies not waived. The city may use any means available at law or equity to enforce any provision of this chapter, and may, in addition to any other available remedy, seek injunctive relief, declaratory relief, execution of any judgment, or abatement.

(Ord. No. 4523, § 1, 10-21-25)