File #: 2007-0169    Version:
Type: Ordinance Status: Passed
File created: 3/12/2007 In control: Growth Management and Natural Resources Committee
On agenda: 5/29/2007 Final action: 5/29/2007
Enactment date: 6/7/2007 Enactment #: 15816
Title: AN ORDINANCE relating to implementing a recommendation from the 2005 rural economic strategies report; amending Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 and adding a new section to K.C.C. chapter 21A.06.
Sponsors: Kathy Lambert
Code sections: 21A.06 - , 21A.08.050 -
Attachments: 1. 15816.pdf, 2. 2007-0169 Adoption Notice.doc, 3. 2007-0169 Hearing Notice.doc, 4. 2007-0169 Staff Report 04-17-07.doc
Drafter
Clerk 5/30/2007
Title
AN ORDINANCE relating to implementing a recommendation from the 2005 rural economic strategies report; amending Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 and adding a new section to K.C.C. chapter 21A.06.
Body
      BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
      SECTION 1.  Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows:
      A.  General services land uses.
KEY
 
RESOURCE
RESIDENTIAL
COMMERCIAL/INDUSTRIAL
P-Permitted Use
 
A
F
M
R
U
R
U
R
N
B
C
B
R
B
O
I
C-Conditional Use
 
G
O
I
U
R
E
R
E
E
U
O
U
E
U
F
N
S-Special Use
Z
R
R
N
R
B
S
B
S
I
S
M
S
G
S
F
D
 
O
I
E
E
A
A
E
A
I
G
I
M
I
I
I
I
U
 
N
C
S
R
L
N
R
N
D
H
N
U
N
O
N
C
S
 
E
U
T
A
 
 
V
 
E
B
E
N
E
N
E
E
T
 
 
L
 
L
 
 
E
 
N
O
S
I
S
A
S
 
R
 
 
T
 
 
 
 
 
 
T
R
S
T
S
L
S
 
I
 
 
U
 
 
 
 
 
 
I
H
 
Y
 
 
 
 
A
 
 
R
 
 
 
 
 
 
A
O
 
 
 
 
 
 
L
 
 
E
 
 
 
 
 
 
L
O
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
D
 
 
 
 
 
 
 
SIC#
SPECIFIC LAND USE
A
F
M
RA
UR
R1-8
R12-48
NB
CB
RB
O
I
 
PERSONAL SERVICES:
 
 
 
 
 
 
 
 
 
 
 
 
72
General Personal Service
 
 
 
 
 
C25
C25
P
P
P
P3
P3
7216
Drycleaning Plants
 
 
 
 
 
 
 
 
 
 
 
P
7218
Industrial Launderers
 
 
 
 
 
 
 
 
 
 
 
P
7261
Funeral Home/Crematory
 
 
 
 
C4
C4
C4
 
P
P
 
 
*
Cemetery, Columbarium or Mausoleum
 
 
 
P24
C5 and 31
P24 C5
P24 C5
P24 C5
P24
P24
P24 C5
P24
 
*
Day Care I
P6
 
 
P6
P6
P6
P
P
P
P
P7
P7
ltrrow*
Day Care II
 
 
 
P8 C
P8 C
P8 C
P8 C
P
P
P
P7
P7
074
Veterinary Clinic
P9
 
 
P9
C10  and 31
P9 C10
 
 
P10
P10
P10
 
P
753
Automotive Repair  (1)
 
 
 
 
 
 
 
P11
P
P
 
P
754
Automotive Service
 
 
 
 
 
 
 
P11
P
P
 
P
76
Miscellaneous Repair
C33
 
 
P32 C33
P32
P32
P32
P32
P
P
 
P
866
Church, Synagogue, Temple
 
 
 
P12
C27 and 31
P12 C
P12 C
P12 C
P
P
P
P
 
83
Social Services  (2)
 
 
 
P12
C13 and 31
P12 C13
P12 C13
P12 C13
P13
P
P
P
 
*
Stable
P14 C
 
 
P14
C31
P14 C
P 14 C
 
 
 
 
 
 
0752
Animal specialty services
 
 
 
C P35
C
 
 
P
P
P
P
P
*
Kennel or Cattery
P9
 
 
C
C
 
 
 
C
P
 
 
*
Theatrical Production Services
 
 
 
 
 
 
 
 
P30
P28
 
 
*
Artist Studios
 
 
 
P28
P28
P28
P28
P
P
P
P29
P
*
Interim Recycling Facility
 
 
 
P21
P21
P21
P21
P22
P22
P
P21
P
*
Dog training facility
C34
 
 
C34
C34
 
 
P
P
P
 
P
 
HEALTH SERVICES:
 
 
 
 
 
 
 
 
 
 
 
 
801-04
Office/Outpatient Clinic
 
 
 
P12
C 13
P12 C 13
P12 C 13
P12 C 13
P
P
P
P
P
805
Nursing and Personal Care Facilities
 
 
 
 
 
 
C
 
P
P
 
 
806
Hospital
 
 
 
 
 
C13
C13
 
P
P
C
 
807
Medical/Dental Lab
 
 
 
 
 
 
 
 
P
P
P
P
808-09
Miscellaneous Health
 
 
 
 
 
 
 
 
P
P
P
 
 
EDUCATION SERVICES:
 
 
 
 
 
 
 
 
 
 
 
 
*
Elementary School
 
 
 
P15  and 31
P
P
P
 
P16c
P16c
P16c
 
*
Middle/Junior High School
 
 
 
P16
C15 and 31
P
P
P
 
P16c
P16c
P16c
 
*
Secondary or High School
 
 
 
P16
C15 and 26 and 31
P26
P26
P26
 
P16c C
P16c C
P16c
 
*
Vocational School
 
 
 
P13
C31
P13 C
P13 C
P13 C
 
 
P
P17
P
*
Specialized Instruction School
 
P18
 
P19
C20  and 31
P19 C20
P19 C20
P19 C20
P
P
P
P17
P
*
School District Support Facility
 
 
 
P16
C15 and
((C))23 and 31
P23 C
P23 C
P23 C
C
P
P
P
P
GENERAL CROSS REFERENCES:
Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070;
Development Standards, see K.C.C. chapters 21A.12 through 21A.30;
General Provisions, see K.C.C. chapters 21A.32 through 21A.38;
Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44;
(*)Definition of this specific Land Use, see K.C.C. chapter 21A.06.
 
      B.  Development conditions.
        1.  Except SIC Industry No. 7534-Tire Retreading, see manufacturing permitted use table.
        2.  Except SIC Industry Group Nos.:
          a.  835-Day Care Services, and
          b.  836-Residential Care, which is otherwise provided for on the residential permitted land use table.
        3.  Limited to SIC Industry Group and Industry Nos.:
          a.  723-Beauty Shops;
          b.  724-Barber Shops;
          c.  725-Shoe Repair Shops and Shoeshine Parlors;
          d.  7212-Garment Pressing and Agents for Laundries and Drycleaners; and
          e.  217-Carpet and Upholstery Cleaning.
        4.  Only as an accessory to a cemetery, and prohibited from the UR zone only if the property is located within a designated unincorporated Rural Town.
        5.  Structures shall maintain a minimum distance of one hundred feet from property lines adjoining residential zones.
        6.  Only as an accessory to residential use, and:
          a.  Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates, and have a minimum height of six feet; and
          b.  Outdoor play equipment shall maintain a minimum distance of twenty feet from property lines adjoining residential zones.
        7.  Permitted as an accessory use.  See commercial/industrial accessory, K.C.C. 21A.08.060.A.
        8.  Only as a reuse of a public school facility subject to K.C.C. chapter 21A.32, or an accessory use to a school, church, park, sport club or public housing administered by a public agency, and:
          a.  Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates and have a minimum height of six feet;
          b.  Outdoor play equipment shall maintain a minimum distance of twenty feet from property lines adjoining residential zones;   
          c.  Direct access to a developed arterial street shall be required in any residential zone; and
          d.  Hours of operation may be restricted to assure compatibility with surrounding development.
        9.a.  As a home occupation only, but the square footage limitations in K.C.C. chapter 21A.30 for home occupations apply only to the office space for the veterinary clinic, office space for the kennel or office space for the cattery, and:
            (1)  Boarding or overnight stay of animals is allowed only on sites of five acres or more;
            (2)  No burning of refuse or dead animals is allowed;
            (3)  The portion of the building or structure in which animals are kept or treaed shall be soundproofed.  All run areas, excluding confinement areas for livestock, shall be surrounded by an eight-foot-high solid wall and the floor area shall be surfaced with concrete or other impervious material; and
            (4)  The provisions of K.C.C. chapter 21A.30 relative to animal keeping are met.
          b.  The following additional provisions apply to kennels or catteries in the A zone:
            (1)  Impervious surface for the kennel or cattery shall not exceed twelve thousand square feet;
            (2)  Obedience training classes are not allowed except as provided in subsection B.34. of this section; and
            (3)  Any buildings or structures used for housing animals and any outdoor runs shall be set back one hundred and fifty feet from property lines.
        10.a.  No burning of refuse or dead animals is allowed;
          b.  The portion of the building or structure in which animals are kept or treated shall be soundproofed.  All run areas, excluding confinement areas for livestock, shall be surrounded by an eight-foot-high solid wall and the floor area shall be surfaced with concrete or other impervious material; and
          c.  The provisions of K.C.C. chapter 21A.30 relative to animal keeping are met.
        11.  The repair work or service shall only be performed in an enclosed building, and no outdoor storage of materials.  SIC Industry No. 7532-Top, Body, and Upholstery Repair Shops and Paint Shops is not allowed.
        12.  Only as a reuse of a public school facility subject to K.C.C. chapter 21A.32.
        13.  Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32.
        14.  Covered riding arenas are subject to K.C.C. 21A.30.030 and shall not exceed twenty thousand square feet, but stabling areas, whether attached or detached, shall not be counted in this calculation.
        15.  Limited to projects which do not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the public school, as defined in RCW 28A.150.010, or the school facility and serving only the public school or the school facility may be used.  New public high schools shall be permitted subject to the review process set forth in K.C.C. 21A.42.140.
        16.a.  For middle or junior high schools and secondary or high schools or school facilities, only as a reuse of a public school facility or school facility subject to K.C.C. chapter 21A.32.  An expansion of such a school or a school facility shall be subject to approval of a conditional use permit and the expansion shall not require or result in an extension of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the public school, as defined in RCW 28A.150.010, or the school facility may be used.
          b.  Renovation, expansion, modernization or reconstruction of a school, a school facility, or the addition of relocatable facilities, is permitted but shall not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the public school, as defined in RCW 28A.150.010, or the school facility may be used.
          c.  In CB, RB and O, for K-12 schools with no more than one hundred students.
        17.  All instruction must be within an enclosed structure.
        18.  Limited to resource management education programs.
        19.  Only as an accessory to residential use, and:
          a.  Students shall be limited to twelve per one-hour session;
          b.  All instruction must be within an enclosed structure; and
          c.  Structures used for the school shall maintain a distance of twenty-five feet from property lines adjoining residential zones.
        20.  Subject to the following:
          a.  Structures used for the school and accessory uses shall maintain a minimum distance of twenty-five feet from property lines adjoining residential zones;
          b.  On lots over two and one-half acres:
            (1)  Retail sale of items related to the instructional courses is permitted, if total floor area for retail sales is limited to two thousand square feet;
            (2)  Sale of food prepared in the instructional courses is permitted with Seattle-King County department of public health approval, if total floor area for food sales is limited to one thousand square feet and is located in the same structure as the school; and
            (3)  Other incidental student-supporting uses are allowed, if such uses are found to be both compatible with and incidental to the principal use; and
          c.  On sites over ten acres, located in a designated Rural Town and zoned any one or more of UR, R-1 and R-4:
            (1)  Retail sale of items related to the instructional courses is permitted, provided total floor area for retail sales is limited to two thousand square feet;
            (2)  Sale of food prepared in the instructional courses is permitted with Seattle-King County department of public health approval, if total floor area for food sales is limited to one thousand seven hundred fifty square feet and is located in the same structure as the school;
            (3)  Other incidental student-supporting uses are allowed, if the uses are found to be functionally related, subordinate, compatible with and incidental to the principal use;
            (4)  The use shall be integrated with allowable agricultural uses on the site;
            (5)  Advertised special events shall comply with the temporary use requirements of this chapter; and
            (6)  Existing structures that are damaged or destroyed by fire or natural event, if damaged by more than fifty percent of their prior value, may reconstruct and expand an additional sixty-five percent of the original floor area but need not be approved as a conditional use if their use otherwise complies with development condition B.20.c. of this section and this title.
        21.  Limited to drop box facilities accessory to a public or community use such as a school, fire station or community center.
        22.  With the exception of drop box facilities for the collection and temporary storage of recyclable materials, all processing and storage of material shall be within enclosed buildings.  Yard waste processing is not permitted.
        23.  Only if adjacent to an existing or proposed school.
        24.  Limited to columbariums accessory to a church, but required landscaping and parking shall not be reduced.
        25.  Not permitted in R-1 and limited to a maximum of five thousand square feet per establishment and subject to the additional requirements in K.C.C. 21A.12.230.
        26.a.  New high schools shall be permitted in the rural and the urban residential and urban reserve zones subject to the review process in K.C.C. 21A.42.140.
          b.  Renovation, expansion, modernization, or reconstruction of a school, or the addition of relocatable facilities, is permitted.
        27.  Limited to projects that do not require or result in an expansion of sewer service outside the urban growth area.  In addition, such use shall not be permitted in the RA-20 zone.
        28.  Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32 or as a joint use of an existing public school facility.
        29.  All studio use must be within an enclosed structure.
        30.  Adult use facilities shall be prohibited within six hundred sixty feet of any residential zones, any other adult use facility, school, licensed daycare centers, parks, community centers, public libraries or churches that conduct religious or educational classes for minors.
        31.  Subject to review and approval of conditions to comply with trail corridor provisions of K.C.C. chapter 21A.14 when located in an RA zone and in an equestrian community designated by the Comprehensive Plan.
        32.  Limited to repair of sports and recreation equipment:
          a.  as an accessory to a large active recreation and multiuse park in the urban growth area; or
          b.  as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to a total floor area of seven hundred fifty square feet.
        33.  Accessory to agricultural or forestry uses provided:
          a.  the repair of tools and machinery is limited to those necessary for the operation of a farm or forest.
          b.  the lot is at least five acres.
          c.  the size of the total repair use is limited to one percent of the lot size up to a maximum of five thousand square feet unless located in a farm structure, including but not limited to barns, existing as of  December 31, 2003.
        34.  Subject to the following:
          a.  the lot is at least five acres.
          b.  in the A zones, area used for dog training shall be located on portions of agricultural lands that are unsuitable for other agricultural purposes, such as areas within the already developed portion of such agricultural lands that are not available for direct agricultural production or areas without prime agricultural soils.
          c.  structures and areas used for dog training shall maintain a minimum distance of seventy-five feet from property lines.
          d.  all training activities shall be conducted within fenced areas or in indoor facilities.  Fences must be sufficient to contain the dogs.
       35.  Limited to animal rescue shelters and provided that:
          a.  the property shall be at least four acres;
          b.  buildings used to house rescued animals shall be no less than fifty feet from property lines;
          c.  outdoor animal enclosure areas shall be located no less than thirty feet from property lines and shall be fenced in a manner sufficient to contain the animals;
          d.  the facility shall be operated by a nonprofit organization registered under the Internal Revenue Code as a 501(c)(3) organization; and
          e.  the facility shall maintain normal hours of operation no earlier than 7 a.m. and no later than 7 p.m.
        36.  Limited to kennel-free dog boarding and daycare facilities, and:
          a.  the property shall be at least five acres;
          b.  buildings housing dogs shall be no less than seventy-five feet from property lines;
          c.  outdoor exercise areas shall be located no less than thirty feet from property lines and shall be fenced in a manner sufficient to contain the dogs;
          d.  the number of dogs allowed shall be limited to twenty-five, consistent with the provisions for hobby kennels as outline in K.C.C. 11.04.060.B;
          e.  training and grooming are ancillary services which may be provided only to dogs staying at the facility;
          f.  the facility shall maintain normal hours of operation no earlier than 7 a.m. and no later than 7 p.m.; and
          g .  no new facility shall be permitted to be established after one year from the effective date of this ordinance.
      SECTION 2.  Pursuant to K.C.C. 20.44.080, the metropolitan King County council finds that the requirements for environmental analysis, protections and mitigation measures in the chapter of K.C.C. Title 21A amended by this ordinance provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply.
      NEW SECTION.  SECTION 3.  There is added to K.C.C. chapter 21A.06 a new section to read as follows:
      Kennel-free dog boarding and daycare:  Dog boarding or daycare facility that utilizes rooms or outdoor exercise area, rather than cages or cement floored runs, to allow for and encourage the socialization, interaction and exercise of dogs.
      SECTION 4.  If any provision of this ordinance or its application to any person or
 
circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.