File #:
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2006-0113
Version:
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|
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Type:
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Ordinance
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Status:
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Passed
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On agenda:
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10/2/2006
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Final action:
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10/2/2006
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Enactment date:
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10/10/2006
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Enactment #:
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15606
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Title:
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AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732,
Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090...
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Code sections:
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20.18.180 - , 20.20.020 - , 20.20.040 - , 21A.06 - , 21A.06.732 - , 21A.06.755 - , 21A.08.030 - , 21A.08.040 - , 21A.08.050 - , 21A.08.060 - , 21A.08.070 - , 21A.12.170 - , 21A.14.040 - , 21A.14.180 - , 21A.30 - , 21A.30.080 - , 21A.30.090 - , 21A.32.055 - , 21A.32.065 - , 21A.37.030 - , 21A.38.060 - , 21A.38.210 - , 21A.38.240 - , 21A.39.020 - , 21A.39.030 - , 21A.42.190 - , 21A.55.050 -
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Attachments:
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1. 15606.pdf, 2. 2006-0112 & 2006-0113 Notice of Adoption.doc, 3. 2006-0113 23. Fiscal Note KCCP.xls, 4. 2006-0113 Arterial Function Classification Map.pdf, 5. 2006-0113 Environmental Checklist.doc, 6. 2006-0113 Executive Recommended 2006 Amendments to the King County Comprehensive Plan 2004 Analysis of Proposed Amendments.doc, 7. 2006-0113 Executive Recommended 2006 Amendments to the King County Comprehensive Plan 2004 Public Process Summary.doc, 8. 2006-0113 Hearing Notice.doc, 9. 2006-0113 Proposed 2006 King County Comprehensive Plan Amendments Executive Recommended Policy Amendment Summary.doc, 10. 2006-0113 Regulatory Note Checklist of Criteria.doc, 11. 2006-0113 Signed SEPA document.pdf, 12. 2006-0113 transmital letter.doc, 13. Amendment matrix 6-06-06 4th mtg, 14. REVISED STAFF REPORT, 15. Staff Report (4-04 rev) 1st mtg, 16. Staff Report (4-25) 2nd mtg, 17. Staff Report (6-13) 5th mtg, 18. Staff Report (3-14) initial briefing, 19. Staff Report (5-09) 3rd mtg, 20. Staff Report (6-06) 4th mtg
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Drafter
Clerk 10/03/2006
title
AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732,
Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30.
body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows:
The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria:
A. A proposal to add land to the urban growth area under this program shall meet the following criteria:
1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area;
2. The land shall not be zoned agriculture (A);
3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary;
4. The land added to the urban growth area shall be able to be served by sewers and other urban services;
5. A road serving the land added to the urban area shall not be counted as part of the required open space;
6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section;
7. Open space areas shall retain a rural designation;
8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties;
9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and
10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre;
B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria:
1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households;
2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area;
C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area;
D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following:
1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species;
2. Provision of regional open space connections;
3. Protection of wetlands, stream corridors, ground water and water bodies;
4. Preservation of unique natural, biological, cultural, historical or archeological resources;
5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and
6. The ability to provide extensions of urban services to the redesignated urban areas; and
E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions:
1. Trails;
2. Natural appearing stormwater facilities;
3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and
4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property.
SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows:
Classifications of land use decision processes.
A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section.
1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions.
2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal.
3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner.
4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner.
B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application.
C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter.
D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter.
E. Land use decision types are classified as follow:
TYPE 1 |
(Decision by director, no administrative appeal) |
Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site. |
TYPE 21 |
(Decision by director appealable to hearing examiner, no further administrative appeal) |
Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. |
TYPE 31 |
(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record) |
Preliminary plat; plat alterations; preliminary plat revisions. |
TYPE 41, 3 |
(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record) |
Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay. |
1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council.
2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner.
3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060.
F. The definitions in K.C.C. 21A.45.020 apply to this section.
SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows:
Application requirements.
A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following:
1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed;
2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met:
a. the name of the agency or private or public utility is shown on the application as the applicant;
b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and
c. the form designating who the applicant is submitted to the department before permit approval;
3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or
b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24;
4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health;
5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40;
6. A site plan, prepared in a form prescribed by the director;
7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A;
8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24;
9. A completed environmental checklist, if required by K.C.C. chapter 20.44;
10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27;
11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity;
12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if:
a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat;
b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and
c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted.
13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140;
14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04;
15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision;
16. Legal description of the site;
17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and
18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years.
B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department.
C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code:
1. Clearing and grading permits, K.C.C. 16.82.060.
2. Construction permits, K.C.C. 16.04.052.
3. Mobile home permits, K.C.C. 16.04.093.
4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150.
D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application.
E. The applicant shall attest by written oath to the accuracy of all information submitted for an application.
F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27.
SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows:
Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons.
NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows:
Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development.
SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows:
Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle."
SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows:
Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home.
NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows:
Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events.
NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows:
Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing.
NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows:
Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people.
SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows:
21A.08.030 Residential land uses.
A. Residential 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 |
|
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D |
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|
SIC # |
SPECIFIC LAND USE |
A |
F |
M |
RA |
UR |
R1-8 |
R12-48 |
NB |
CB |
RB |
O |
I |
|
DWELLING UNITS, TYPES: |
|
|
|
|
|
|
|
|
|
|
|
|
* |
Single Detached |
P C13 |
P2 |
|
P C13 |
P C13 |
P C13 |
P C13 |
P17 |
|
|
|
|
* |
Townhouse |
|
|
|
C4 |
C4 |
P C12 |
P |
P3 |
P3 |
P3 |
P3 |
|
* |
Apartment |
|
|
|
C4 |
C4
|
P5 C4 |
P |
P3 |
P3 |
P3 |
P3 |
|
* |
Mobile Home Park |
|
|
|
S14 |
|
C8 |
P |
|
|
|
|
|
* |
Cottage Housing |
|
|
|
|
|
C16 |
|
|
|
|
|
|
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GROUP RESIDENCES: |
|
|
|
|
|
|
|
|
|
|
|
|
* |
Community Residential Facility-I |
|
|
|
C |
C |
P15 C |
P |
P3 |
P3 |
P3 |
P3 |
|
* |
Community Residential Facility-II |
|
|
|
|
|
|
P |
P3 |
P3 |
P3 |
P3 |
|
* |
Dormitory |
|
|
|
C6 |
C6 |
C6 |
P |
|
|
|
|
|
* |
Senior Citizen Assisted Housing |
|
|
|
|
P4 |
P4 |
P |
P3 |
P3 |
P3 |
P3 |
|
|
ACCESSORY USES: |
|
|
|
|
|
|
|
|
|
|
|
|
* |
Residential Accessory Uses |
P7 |
P7 |
|
P7 |
P7 |
P7 |
P7 |
P7 |
P7 |
P7 |
P7 |
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* |
Home Occupation |
P |
P |
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P |
P |
P |
P |
P |
P |
P |
P |
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* |
Home Industry |
C |
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C |
C |
C |
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TEMPORARY LODGING: |
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7011 |
Hotel/Motel (1) |
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P |
P |
P |
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* |
Bed and Breakfast Guesthouse |
P9 C10 |
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P10 |
P10 |
P10 |
P10 |
P10 |
P11 |
P11 |
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7041 |
Organization Hotel/Lodging Houses |
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P |
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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. |
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B. Development conditions.
1. Except bed and breakfast guesthouses.
2. In the forest production district, the following conditions apply:
a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot;
b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and
c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land.
3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180.
4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32.
b. In the R-1 zone, apartment units are permitted, provided that:
(1) The proposal shall be subject to a conditional use permit when exceeding base density,
(2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and
(3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or
c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797.
5. Apartment units are permitted outright as follows:
a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or
b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797.
6. Only as an accessory to a school, college, university or church.
7.a. Accessory dwelling units:
(1) Only one accessory dwelling per primary single detached dwelling unit;
(2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling;
(3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied;
(4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and
(b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building;
(5) One additional off-street parking space shall be provided;
(6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and
(7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone.
(8) Accessory dwelling units and accessory living quarters are not allowed in the F zone.
(9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code.
b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is:
(1) no aircraft sales, service, repair, charter or rental; and
(2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft.
c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry.
8. Mobile home parks shall not be permitted in the R-1 zones.
9. Only as an accessory to the permanent residence of the operator, and:
a. Serving meals to paying guests shall be limited to breakfast; and
b. There shall be no more than five guests per night.
10. Only as an accessory to the permanent residence of the operator, and:
a. Serving meals to paying guests shall be limited to breakfast; and
b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night.
11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10.
12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density.
13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7.
14. No new mobile home parks are allowed in a rural zone.
15. Limited to domestic violence shelter facilities.
16. Only in the R4-R8 zones limited to:
a. developments no larger than one acre;
b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and
c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B.
17. The development for a detached single-family residence shall be consistent with the following:
a. The lot must have legally existed prior to March 1, 2005;
b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and
c. The standards of this title for the RA-5 zone shall apply.
SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows:
Recreational/cultural land uses.
A. Recreational/cultural land uses.
KEY |
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RESOURCE |
RESIDENTIAL |
COMMERCIAL/INDUSTRIAL |
P-Permitted Use |
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A |
F |
M |
R |
U |
R |
U |
R |
N |
B |
C |
B |
R |
B |
O |
I |
C-Conditional Use |
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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 |
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O |
I |
E |
E |
A |
A |
E |
A |
I |
G |
I |
M |
I |
I |
I |
I |
U |
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N |
C |
S |
R |
L |
N |
R |
N |
D |
H |
N |
U |
N |
O |
N |
C |
S |
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E |
U |
T |
A |
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V |
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E |
B |
E |
N |
E |
N |
E |
E |
T |
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L |
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L |
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E |
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N |
O |
S |
I |
S |
A |
S |
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R |
af88 |
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T |
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T |
R |
S |
T |
S |
L |
S |
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I |
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U |
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I |
H |
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Y |
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A |
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R |
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A |
O |
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L |
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E |
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L |
O |
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D |
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SIC# |
SPECIFIC LAND USE |
A |
F |
M |
RA |
UR |
R1-8 |
R12-48 |
NB |
CB |
RB |
O |
I |
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PARK/RECREATION: |
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* |
Park |
P1 |
P1 |
P1 |
P1 |
P1 |
P1 |
P1 |
P |
P |
P |
P |
P13 |
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Large Active Recreation and Multiuse Park |
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P1 |
P1 |
P1 |
P1 |
P1 |
P1 |
P |
P |
P |
P |
P13 |
* |
Trails |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
P |
cellx4052* |
Campgrounds |
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P16 C16a |
P16 |
P16 C16a |
P16 C16a |
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P16 C16a |
* |
Destination Resorts |
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S |
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S18 |
C |
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C |
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* |
Marina |
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C 3 |
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C4 |
C4 |
C4 |
C4 |
P5 |
P |
P |
P |
P |
* |
Recreational Vehicle Park |
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P19 |
P19 |
C2((,)) and18 P19 |
C2 P19 |
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* |
Sports Club (17) |
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C4, 18 |
C4 |
C4 |
C4 |
C |
P |
P |
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* |
Ski Area |
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S |
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S18 |
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* |
Recreational Camp |
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C |
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P24 C |
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AMUSEMENT/ENTERTAINMENT: |
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* |
Adult Entertainment Business |
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P6 |
P6 |
P6 |
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* |
Theater |
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P |
P |
P |
P25 |
7833 |
Theater, Drive-in |
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C |
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793 |
Bowling Center |
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P |
P |
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P |
* |
Golf Facility |
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C7((,)) and 18 |
P7 |
P7 |
P7 |
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7999 (14) |
Amusement and Recreation Services |
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P21 |
P21 |
P8((,)) P21, C15((,)) and 18 |
P8((,)) P21((,)) P22 C15 |
P8((,)) P21((,)) P22 C15 |
P8, 21((,)) P22 C15 |
P21((,)) P22 |
P |
P |
P21 |
P21 |
* |
Shooting Range |
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C9 |
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C9((,)) and 18 |
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C10 |
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P10 |
* |
Amusement Arcades |
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P |
P |
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7996 |
Amusement Park |
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C |
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* |
Outdoor Performance Center |
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S |
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C12 S18 |
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P20 |
P20 |
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S |
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CULTURAL: |
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823 |
Library |
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P11 |
P11 C |
P11 C |
P11 C |
P |
P |
P |
P |
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841 |
Museum |
C23 |
C23 |
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P11 |
P11 C |
P11 C |
P11 C |
P |
P |
P |
P |
P |
842 |
Arboretum |
P |
P |
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P |
P |
P |
P |
P |
P |
P |
P |
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* |
Conference Center |
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P11 C12 |
P11 C12 |
P11 C |
P11 C |
P |
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P |
P |
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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. |
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B. Development conditions.
1. The following conditions and limitations shall apply, where appropriate:
a. No stadiums on sites less than ten acres;
b. Lighting for structures and fields shall be directed away from residential areas;
c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030;
d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and
e. Overnight camping is allowed only in an approved campground.
2. Recreational vehicle parks are subject to the following conditions and limitations:
a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period;
b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and
c. Sewage shall be disposed in a system approved by the Seattle-King County health department.
3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application.
4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations:
a. The bulk and scale shall be compatible with residential or rural character of the area;
b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and
c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs.
5. Limited to day moorage.
6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a.
b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546.
7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued.
8. Limited to a golf driving range only as:
a. an accessory to golf courses; or
b. an accessory to a large active recreation and multiuse park.
9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt.
b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property.
c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties.
d. Subject to the licensing provisions of K.C.C. Title 6.
10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6;
b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by:
(1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and
(2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users.
11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32.
12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town.
13. Subject to the following:
a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding;
b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted;
c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and
d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street.
14. Excluding amusement and recreational uses classified elsewhere in this chapter.
15. Limited to golf driving ranges and subject to subsection B.7. of this section.
16. Subject to the following conditions:
a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and
b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks.
17. Only for stand-alone sports clubs that are not part of a park.
18. 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.
19. Only as an accessory to a large active recreation and multiuse park.
20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet.
21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to:
a. rentals of sports and recreation equipment; and
b. a total floor area of seven hundred and fifty square feet.
22. Only as an accessory to a large active recreation and multiuse park and limited to:
a. water slides, wave pools and associated water recreation facilities; and
b. rentals of sports and recreation equipment.
23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003.
24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions:
a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose:
(1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device;
c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed:
(a) one hundred and fifty for a camp between twenty and forty acres; or
(b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and
(2) Existing camps shall be subject to the following:
(a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section.
(b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred.
d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period;
e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users;
f. The minimum size of parcel for such use shall be twenty acres;
g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp;
h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening;
i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site;
j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts;
k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and
l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers.
25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan.
SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows:
General services land uses.
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 |
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V |
|
E |
B |
E |
N |
E |
N |
E |
E |
T |
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L |
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L |
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E |
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N |
O |
S |
I |
S |
A |
S |
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R |
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T |
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T |
R |
S |
T |
S |
L |
S |
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I |
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U |
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I |
H |
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Y |
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A |
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R |
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A |
O |
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L |
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E |
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L |
O |
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D |
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SIC# |
SPECIFIC LAND USE |
A |
F |
M |
RA |
UR |
R1-8 |
R12-48 |
NB |
CB |
RB |
O |
I |
|
PERSONAL SERVICES: |
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72 |
General Personal Service |
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C25 |
C25 |
P |
P |
P |
P3 |
P3 |
7216 |
Drycleaning Plants |
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P |
7218 |
Industrial Launderers |
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P |
7261 |
Funeral Home/Crematory |
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C4 |
C4 |
C4 |
|
P |
P |
|
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* |
Cemetery, Columbarium or Mausoleum |
|
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|
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 |
* |
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 |
P14 C |
|
|
|
|
|
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* |
Kennel or Cattery |
P9 |
|
|
C |
C |
|
|
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C |
P |
|
|
* |
Theatrical Production Services |
|
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|
|
P30 |
P28 |
|
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* |
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 |
|
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C34 |
C34 |
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P |
P |
P |
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P |
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HEALTH SERVICES: |
|
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801-04 |
Office/Outpatient Clinic |
|
|
|
P12 C13 |
P12 C13 |
P12 C13 |
P12 C13 |
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 |
|
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P |
P |
P |
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EDUCATION SERVICES: |
|
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* |
Elementary School |
|
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|
P((16)) 15((,)) and 3 |
P |
P |
P |
|
P16c |
P16c |
P16c |
|
* |
Middle/Junior High School |
|
|
|
P16 C15((,)) and 31 |
P |
P |
P |
|
P16c |
P16c |
P16c |
|
* |
Secondary or High School |
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|
|
P16 C15((,)) and 26((,)) and 31 |
P26 |
P26 |
P26 |
|
P16c C |
P16c C |
P16c |
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* |
Vocational School |
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|
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 C23((,)) and 31 ((P16, C15)) |
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. |
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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 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
(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)) that 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 dop 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.
SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows:
Government/business services land uses.
A. Government/business 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 |
SR |
L |
N |
R |
N |
D |
H |
N |
U |
N |
O |
N |
C |
S |
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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. 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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEET |
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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASR |
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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSI |
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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYA |
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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOL |
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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELO |
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D |
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SIC# |
SPECIFIC LAND USE |
A |
F |
M |
RA |
UR |
R1-8 |
R12-48 |
NB |
CB |
RB |
O |
I (30) |
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GOVERNMENT SERVICES: |
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* |
Public agency or utility office |
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P3 C5 |
P3 C5 |
P3 C |
P3 C |
P |
P |
P |
P |
P16 |
* |
Public agency or utility yard |
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P27 |
P27 |
P27 |
P27 |
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P |
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P |
* |
Public agency archives |
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P |
P |
P |
921 |
Court |
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P4 |
P |
P |
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9221 |
Police Facility |
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P7 |
P7 |
P7 |
P7 |
P7 |
P |
P |
P |
P |
9224 |
Fire Facility |
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C6((,)) and 33 |
C6 |
C6 |
C6 |
P |
P |
P |
P |
P |
* |
Utility Facility |
P29 C28 |
P29 C28 |
P29 C28 |
P29 C28((,)) and 33 |
P29 C28 |
P29 C28 |
P29 C28 |
P |
P |
P |
P |
P |
* |
Commuter Parking Lot |
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C 33 P19 |
C P19 |
C P19 |
C 19 |
P |
P |
P |
P |
P35 |
* |
Private Stormwater Management Facility |
P8 |
P8 |
P8 |
P8 |
P8 |
P8 |
P8 |
P8 |
P8 |
P8 |
P8 |
P8 |
* |
Vactor Waste Receiving Facility |
P |
P |
P |
P18 |
P18 |
P18 |
P18 |
P31 |
P31 |
P31 |
P31 |
P |
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BUSINESS SERVICES: |
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* |
Construction and Trade |
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P34 |
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P |
P9 |
P |
* |
Individual Transportation and Taxi |
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P25 |
P |
P10 |
P |
421 |
Trucking and Courier Service |
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P11 |
P12 |
P13 |
P |
* |
Warehousing, (1) and Wholesale Trade |
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P |
* |
Self-service Storage |
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C14 |
P37 |
P |
P |
P |
P |
4221 4222 |
Farm Product Warehousing, Refrigeration and Storage |
P15 C36 |
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P15((,)) and 33 C36 |
P15, C36 |
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P |
* |
Log Storage |
P15 |
P |
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P26((,)) and 33 |
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P |
47 |
Transportation Service |
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P |
473 |
Freight and Cargo Service |
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P |
P |
P |
472 |
Passenger Transportation Service |
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P |
P |
P |
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48 |
Communication Offices |
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P |
P |
P |
482 |
Telegraph and other Communications |
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P |
P |
P |
P |
* |
General Business Service |
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P |
P |
P |
P |
P16 |
* |
Professional Office |
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P |
P |
P |
P |
P16 |
7312 |
Outdoor Advertising Service |
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P |
P17 |
P |
735 |
Miscellaneous Equipment Rental |
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P17 |
P |
P17 |
P |
751 |
Automotive Rental and Leasing |
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P |
P |
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P |
752 |
Automotive Parking |
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P20 |
P20 |
P21 |
P20 |
P |
* |
Off-Street Required Parking Lot |
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P32 |
P32 |
P32 |
P32 |
P32 |
P32 |
P32 |
P32 |
P32 |
7941 |
Professional Sport Teams/Promoters |
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P |
P |
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873 |
Research, Development and Testing |
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P2 |
P2 |
P2 |
* |
Heavy Equipment and Truck Repair |
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P |
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ACCESSORY USES: |
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* |
Commercial/Industrial Accessory Uses |
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P |
P22 |
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P22 |
P22 |
P |
P |
P |
* |
Helistop |
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C23 |
C23 |
C23 |
C23 |
C23 |
C24 |
C23 |
C24 |
GENERAL CROSS REFERENCES: |
Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; Development Standards, see 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. |
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B. Development conditions.
1. Except self-service storage.
2. Except SIC Industry No. 8732-Commercial Economic, Sociological, and Educational Research, see general business service/office.
3.a. Only as a re-use of a public school facility or a surplus nonresidential facility subject to the provisions of K.C.C. chapter 21A.32; or
b. only when accessory to a fire facility and the office is no greater than one thousand five hundred square feet of floor area.
4. Only as a re-use of a surplus nonresidential facility subject to K.C.C. chapter 21A.32.
5. New utility office locations only if there is no commercial/industrial zoning in the utility district, and not in the RA-10 or RA-20 zones unless it is demonstrated that no feasible alternative location is possible, and provided further that this condition applies to the UR zone only if the property is located within a designated unincorporated Rural Town.
6.a. All buildings and structures shall maintain a minimum distance of twenty feet from property lines adjoining residential zones;
b. Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of thirty-five feet from such street;
c. No outdoor storage; and
d. Excluded from the RA-10 and RA-20 zones unless it is demonstrated that no feasible alternative location is possible.
7. Limited to storefront police offices. Such offices shall not have:
a. holding cells,
b. suspect interview rooms (except in the NB zone), or
c. long-term storage of stolen properties.
8. Private stormwater management facilities serving development proposals located on commercial/industrial zoned lands shall also be located on commercial/industrial lands, unless participating in an approved shared facility drainage plan. Such facilities serving development within an area designated urban in the King County Comprehensive Plan shall only be located in the urban area.
9. No outdoor storage of materials.
10. Limited to office uses.
11. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station.
12. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station and SIC Industry No. 4215-Courier Services, except by air.
13. Limited to SIC Industry No. 4215-Courier Services, except by air.
14. Accessory to an apartment development of at least twelve units provided:
a. The gross floor area in self service storage shall not exceed the total gross floor area of the apartment dwellings on the site;
b. All outdoor lights shall be deflected, shaded and focused away from all adjoining property;
c. The use of the facility shall be limited to dead storage of household goods;
d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment;
e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals;
f. No residential occupancy of the storage units;
g. No business activity other than the rental of storage units; and
h. A resident director shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval.
15.a. The floor area devoted to warehousing, refrigeration or storage shall not exceed two thousand square feet;
b. Structures and areas used for warehousing, refrigeration and storage shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones; and
c. Warehousing, refrigeration and storage is limited to agricultural products and sixty percent or more of the products must be grown or processed in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of products to be included in the warehousing, refrigeration or storage.
16. Only as an accessory use to another permitted use.
17. No outdoor storage.
18. Only as an accessory use to a public agency or utility yard, or to a transfer station.
19. Limited to new commuter parking lots designed for thirty or fewer parking spaces or commuter parking lots located on existing parking lots for churches, schools, or other permitted nonresidential uses ((which)) that have excess capacity available during commuting; provided that the new or existing lot is adjacent to a designated arterial that has been improved to a standard acceptable to the department of transportation;
20. No tow-in lots for damaged, abandoned or otherwise impounded vehicles.
21. No dismantling or salvage of damaged, abandoned or otherwise impounded vehicles.
22. Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises.
23. Limited to emergency medical evacuation sites in conjunction with police, fire or health service facility. Helistops are prohibited from the UR zone only if the property is located within a designated unincorporated Rural Town.
24. Allowed as accessory to an allowed use.
25. Limited to private road ambulance services with no outside storage of vehicles.
26. Limited to two acres or less.
27a. Utility yards only on sites with utility district offices; or
b. Public agency yards are limited to material storage for road maintenance facilities.
28. Limited to bulk gas storage tanks ((which)) that pipe to individual residences but excluding liquefied natural gas storage tanks.
29. Excluding bulk gas storage tanks.
30. For I-zoned sites located outside the urban growth area designated by the King County Comprehensive Plan, uses shall be subject to the provisions for rural industrial uses ((as set forth)) in K.C.C. chapter 21A.12.
31. Vactor waste treatment, storage and disposal shall be limited to liquid materials. Materials shall be disposed of directly into a sewer system, or shall be stored in tanks (or other covered structures), as well as enclosed buildings.
32. Provided:
a. Off-street required parking for a land use located in the urban area must be located in the urban area;
b. Off-street required parking for a land use located in the rural area must be located in the rural area; and
c. Off-street required parking must be located on a lot ((which)) that would permit, either outright or through a land use permit approval process, the land use the off-street parking will serve.
33. 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.
34. Limited to landscape and horticultural services (SIC 078) that are accessory to a use classified as retail nurseries, lawn and garden supply store (SIC 5261) and provided that construction equipment for the accessory use shall not be stored on the premises.
35. Allowed as a primary or accessory use to an allowed industrial-zoned land use.
36. Accessory to agricultural uses provided:
a. In the RA zones and on lots less than thirty-five acres in the A zone, the floor area devoted to warehousing, refrigeration or storage shall not exceed three thousand five hundred square feet unless located in a farm structure, including but not limited to barns, existing as of December 31, 2003;
b. On lots at least thirty-five acres in the A zones, the floor area devoted to warehousing, refrigeration or storage shall not exceed seven thousand square feet unless located in a farm structure, including but not limited to barns, existing as of December 31, 2003;
c. In the A zones, structures and areas used for warehousing, refrigeration and storage 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;
d. Structures and areas used for warehousing, refrigeration or storage shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones; and
e. Warehousing, refrigeration and storage is limited to agricultural products and sixty percent or more of the products must be grown or processed in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of products to be included in the warehousing, refrigeration or storage.
37. Use shall be limited to the NB zone on parcels outside of the Urban Growth Area, Rural Towns and Rural Neighborhoods and the building floor area devoted to such use shall not exceed ten thousand square feet.
SECTION 15. Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070 are each hereby amended to read as follows:
Retail land uses.
A. Retail land uses.
KEY |
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RESOURCE |
RESIDENTIAL |
COMMERCIAL/INDUSTRIAL |
P-Permitted Use |
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A |
F |
M |
R |
U |
R |
U |
R |
N |
B |
C |
B |
R |
B |
O |
I |
C-Conditional Use |
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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 |
SM |
S |
G |
S |
F |
D |
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1Drafter Clerk 10/03/2006 title AN ORDINANCE relating to zoning; amending Ordinance 14047, Section 10, and K.C.C. 20.18.180, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 15245, Section 1, and K.C.C. 21A.06.162, Ordinance 15051, Section 74, and K.C.C. 21A.06.732, Ordinance 10870, Section 191, and K.C.C. 21A.06.755, Ordinance 10870, Section 330, and K.C.C. 21A.08.030, Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040, Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050, Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060, Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070, Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170, Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040, Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180, Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080, Ordinance 10870, Section 537, and K.C.C. 21A.30.090, Ordinance 13130, Section 4, and K.C.C. 21A.32.055, Ordinance 13130, Section 5, and K.C.C. 21A.32.065, Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030, Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060, Ordinance 128|1013|3, Section 16, and K.C.C. 21A.38.210, Ordinance 12823, Section 19, and K.C.C. 21A.38.240, Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020, Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030, Ordinance 13130, Section 11, and K.C.C. 21A.42.190 and Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050, adding new sections to K.C.C. chapter 21A.06 and adding a new section to K.C.C. chapter 21A.30. body BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Ordinance 14047, Section 10, and K.C.C. 20.18.180 are each hereby amended to read as follows: The four to one program - criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A. A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E. of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9. The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty-acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below-market-rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty-percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.1. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and 6. The ability to provide extensions of urban services to the redesignated urban areas; and E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwater facilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and ((the sensitive areas ordinance)) K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. SECTION 2. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are each hereby amended to read as follows: Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director. Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2,3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest-numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter. E. Land use decision types are classified as follow: TYPE 1(Decision by director, no administrative appeal)Temporary use permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C. 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion-option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites, a site development permit for the entire site.TYPE 21(Decision by director appealable to hearing examiner, no further administrative appeal)Short plat; short plat revision; short plat alteration; zoning variance; conditional use permit; temporary use permit under K.C.C. chapter 21A.32; temporary use permit for a homeless encampment under K.C.C. 21A.45.100; shoreline substantial development permit2; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; ((sensitive areas)) alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a finding of special circumstances. TYPE 31(Recommendation by director, hearing and decision by hearing examiner, appealable to county council on the record)Preliminary plat; plat alterations; preliminary plat revisions.TYPE 41, 3(Recommendation by director, hearing and recommendation by hearing examiner decision by county council on the record)Zone reclassifications; shoreline environment redesignation; urban planned development; special use; amendment or deletion of P suffix conditions; plat vacations; short plat vacations; deletion of special district overlay.1 See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the comprehensive plan require a site-specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the comprehensive plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. SECTION 3. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are each hereby amended to read as follows: Application requirements. A. The department shall not commence review of any application ((set forth)) as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K.C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20.20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3.a. A certificate of sewer availability or site design approval for an on-site sewage system by the Seattle-King County department of public health, as required by the King County board of health code title 13: or b. for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle-King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7. Proof that the lot or lots to be developed are recognized as a lot under ((this title)) K.C.C. Title 19A; 8. A ((sensitive)) critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10. Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on-site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. C. Additional complete application requirements for the following land use permits are ((set forth)) in the following sections of the King County Code: 1. Clearing and grading permits, K.C.C. 16.82.060. 2. Construction permits, K.C.C. 16.04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C. 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. SECTION 4. Ordinance 15245, Section 1, and K.C.C. 21A.06.162 are each hereby amended to read as follows: Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water-related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. NEW SECTION. SECTION 5. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. SECTION 6. Ordinance 15051, Section 74, and K.C.C. 21A.06.732 are each hereby amended to read as follows: Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three-hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." SECTION 7. Ordinance 10870, Section 191 and K.C.C. 21A.06.755 are each hereby amended to read as follows: Mobile home. ((Mobile home: a structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of WAC 296-150B, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development ("HUD").)) See manufactured home. NEW SECTION. SECTION 8. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large-scale group picnics, gatherings and social events. NEW SECTION. SECTION 9. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection. Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. NEW SECTION. SECTION 10. A new section is hereby added to K.C.C. chapter 21A.06 to read as follows: Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. SECTION 11. Ordinance 10870, Section 330, as amended, and K.C.C. 21A.08.030 are each hereby amended to read as follows: 21A.08.030 Residential land uses. A. Residential land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC #SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIDWELLING UNITS, TYPES:*Single DetachedP C13P2 P C13P C13P C13P C13P17*TownhouseC4C4P C12PP3P3P3P3*ApartmentC4C4 P5 C4PP3P3P3P3*Mobile Home ParkS14C8P*Cottage HousingC16GROUP RESIDENCES:*Community Residential Facility-ICCP15 CPP3P3P3P3*Community Residential Facility-IIPP3P3P3P3*DormitoryC6C6C6P*Senior Citizen Assisted HousingP4P4PP3P3P3P3ACCESSORY USES:*Residential Accessory UsesP7P7P7P7P7P7P7P7P7P7*Home OccupationPPPPPPPPPP*Home IndustryCCCCTEMPORARY LODGING:7011Hotel/Motel (1)PPP*Bed and Breakfast GuesthouseP9 C10P10P10P10P10P10P11P117041Organization Hotel/Lodging HousesPGENERAL 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 bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on-site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A.30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, ((which)) that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance; and c. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b. In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas. For purposes of this section, unbuildable ((sensitive)) critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable ((sensitive)) critical areas ((which)) that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7.a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, ((which)) that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot ((or)) nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. 9. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.C. 21A.08.030B.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B.7. 14. No new mobile home parks are allowed in a rural zone. 15. Limited to domestic violence shelter facilities. 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A.14.025.B. 17. The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply. SECTION 12. Ordinance 10870, Section 331, as amended, and K.C.C. 21A.08.040 are each hereby amended to read as follows: Recreational/cultural land uses. A. Recreational/cultural land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRaf88TTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPARK/RECREATION:*Park P1P1P1P1P1P1P1PPPPP13Large Active Recreation and Multiuse ParkP1P1P1P1P1P1PPPPP13*TrailsPPPPPPPPPPPPcellx4052*CampgroundsP16 C16aP16P16 C16aP16 C16aP16 C16a*Destination ResortsSS18CC*MarinaC 3C4C4C4C4P5PPPP*Recreational Vehicle ParkP19P19C2((,)) and18 P19C2 P19*Sports Club (17)C4, 18C4C4C4CPP*Ski AreaSS18*Recreational CampCP24 CAMUSEMENT/ENTERTAINMENT:*Adult Entertainment BusinessP6P6P6*TheaterPPPP257833Theater, Drive-inC793Bowling CenterPPP*Golf FacilityC7((,)) and 18P7P7P77999 (14)Amusement and Recreation ServicesP21P21P8((,)) P21, C15((,)) and 18P8((,)) P21((,)) P22 C15P8((,)) P21((,)) P22 C15P8, 21((,)) P22 C15P21((,)) P22PPP21P21*Shooting RangeC9C9((,)) and 18C10P10*Amusement ArcadesPP7996Amusement ParkC*Outdoor Performance CenterSC12 S18P20P20SCULTURAL:823LibraryP11P11 CP11 CP11 CPPPP841MuseumC23C23P11P11 CP11 CP11 CPPPPP842ArboretumPPPPPPPPPP*Conference CenterP11 C12P11 C12P11 CP11 CPPPGENERAL 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. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on-site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on-site required recreation areas shall be maintained in accordance with K.C.C. 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle-King County health department. 3. Limited to day moorage. The marina shall not create a need for off-site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, UR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park. 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include: safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d. Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K.C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter. 15. Limited to golf driving ranges and subject to subsection B.7. of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three-hundred-sixty-five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, ((which)) that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. 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. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a. rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp ((and shall not have as a primary purpose: (1) treatment for addictions,
(2) correctional or disciplinary training, or
(3) housing for homeless persons));
b. Active recreational activities shall not involve the use of motorized vehicles such as cross-country motorcycles or all-terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client-specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on-site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection B.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three-hundred-sixty-five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and l. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c.(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 25. Limited to theaters primarily for live productions located within a Rural Town designated by the King County Comprehensive Plan. SECTION 13. Ordinance 10870, Section 332, as amended, and K.C.C. 21A.08.050 are each hereby amended to read as follows: General services land uses. A. General services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOIPERSONAL SERVICES:72General Personal ServiceC25C25PPPP3P37216Drycleaning PlantsP7218Industrial LaunderersP7261Funeral Home/CrematoryC4C4C4PP*Cemetery, Columbarium or MausoleumP24 C5((,)) and 31P24 C5P24 C5P24 C5P24P24P24 C5P24*Day Care IP6P6P6P6PPPPP7P7*Day Care IIP8 CP8 CP8 CP8 CPPPP7P7074Veterinary ClinicP9P9 C10((,)) and 31P9 C10P10P10P10P753Automotive Repair (1)P11PPP754Automotive ServiceP11PPP76Miscellaneous RepairC33P32 C33P32P32P32P32PPP866Church, Synagogue, TempleP12 C27((,)) and 31P12 CP12 CP12 CPPPP83Social Services (2)P12 C13((,)) and 31P12 C13P12 C13P12 C13P13PPP*StableP14 CP14 C31P14 CP14 C*Kennel or CatteryP9CCCP*Theatrical Production ServicesP30P28*Artist StudiosP28P28P28P28PPPP29P*Interim Recycling FacilityP21P21P21P21P22P22PP21P*Dog training facilityC34C34C34PPPPHEALTH SERVICES:801-04Office/Outpatient ClinicP12 C13P12 C13P12 C13P12 C13PPPPP805Nursing and Personal Care FacilitiesCPP806HospitalC13C13PPC807Medical/Dental LabPPPP808-09Miscellaneous HealthPPPEDUCATION SERVICES:*Elementary SchoolP((16)) 15((,)) and 3PPPP16cP16cP16c*Middle/Junior High SchoolP16 C15((,)) and 31PPPP16cP16cP16c*Secondary or High SchoolP16 C15((,)) and 26((,)) and 31P26P26P26P16c CP16c CP16c*Vocational SchoolP13 C31P13 CP13 CP13 CPP17P*Specialized Instruction SchoolP18P19 C20((,)) and 31P19 C20P19 C20P19 C20PPPP17P*School District Support FacilityP16 C15 C23((,)) and 31 ((P16, C15))P23 CP23 CP23 CCPPPPGENERAL 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 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 (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)) that 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 dop 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. SECTION 14. Ordinance 10870, Section 333, as amended, and K.C.C. 21A.08.060 are each hereby amended to read as follows: Government/business services land uses. A. Government/business services land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFDOIEEAAEAIGIMIIIIUNCSRLNRNDHNUNONCSEUTAVEBENENEETLLENOSISASRTTRSTSLSIUIHYARAOLELODSIC#SPECIFIC LAND USEAFMRAURR1-8R12-48NBCBRBOI (30)GOVERNMENT SERVICES:*Public agency or utility officeP3 C5P3 C5P3 CP3 CPPPPP16*Public agency or utility yardP27P27P27P27PP*Public agency archivesPPP921CourtP4PP9221Police FacilityP7P7P7P7P7PPPP9224Fire FacilityC6((,)) and 33C6C6C6PPPPP*Utility FacilityP29 C28P29 C28P29 C28P29 C28((,)) and 33P29 C28P29 C28P29 C28PPPPP*Commuter Parking LotC 33 P19C P19C P19C 19PPPPP35*Private Stormwater Management FacilityP8P8P8P8P8P8P8P8P8P8P8P8*Vactor Waste Receiving FacilityPPPP18P18P18P18P31P31P31P31PBUSINESS SERVICES:*Construction and TradeP34PP9P*Individual Transportation and TaxiP25PP10P421Trucking and Courier ServiceP11P12P13P*Warehousing, (1) and Wholesale TradeP*Self-service StorageC14P37PPPP4221 4222Farm Product Warehousing, Refrigeration and StorageP15 C36P15((,)) and 33 C36P15, C36P*Log StorageP15PP26((,)) and 33P47Transportation ServiceP473Freight and Cargo ServicePPP472Passenger Transportation ServicePPP 48 Communication OfficesPPP482Telegraph and other CommunicationsPPPP*General Business ServicePPPPP16*Professional OfficePPPP P167312Outdoor Advertising ServicePP17P735Miscellaneous Equipment RentalP17PP17P751Automotive Rental and LeasingPPP752Automotive ParkingP20P20P21P20P*Off-Street Required Parking LotP32P32P32P32P32P32P32P32P327941Professional Sport Teams/PromotersPP873Research, Development and TestingP2P2P2*Heavy Equipment and Truck Repair PACCESSORY USES:*Commercial/Industrial Accessory UsesPP22P22P22PPP*HelistopC23C23C23C23C23C24C23C24GENERAL CROSS REFERENCES:Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; Development Standards, see 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 self-service storage. 2. Except SIC Industry No. 8732-Commercial Economic, Sociological, and Educational Research, see general business service/office. 3.a. Only as a re-use of a public school facility or a surplus nonresidential facility subject to the provisions of K.C.C. chapter 21A.32; or b. only when accessory to a fire facility and the office is no greater than one thousand five hundred square feet of floor area. 4. Only as a re-use of a surplus nonresidential facility subject to K.C.C. chapter 21A.32. 5. New utility office locations only if there is no commercial/industrial zoning in the utility district, and not in the RA-10 or RA-20 zones unless it is demonstrated that no feasible alternative location is possible, and provided further that this condition applies to the UR zone only if the property is located within a designated unincorporated Rural Town. 6.a. All buildings and structures shall maintain a minimum distance of twenty feet from property lines adjoining residential zones; b. Any buildings from which fire-fighting equipment emerges onto a street shall maintain a distance of thirty-five feet from such street; c. No outdoor storage; and d. Excluded from the RA-10 and RA-20 zones unless it is demonstrated that no feasible alternative location is possible. 7. Limited to storefront police offices. Such offices shall not have: a. holding cells, b. suspect interview rooms (except in the NB zone), or c. long-term storage of stolen properties. 8. Private stormwater management facilities serving development proposals located on commercial/industrial zoned lands shall also be located on commercial/industrial lands, unless participating in an approved shared facility drainage plan. Such facilities serving development within an area designated urban in the King County Comprehensive Plan shall only be located in the urban area. 9. No outdoor storage of materials. 10. Limited to office uses. 11. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station. 12. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station and SIC Industry No. 4215-Courier Services, except by air. 13. Limited to SIC Industry No. 4215-Courier Services, except by air. 14. Accessory to an apartment development of at least twelve units provided: a. The gross floor area in self service storage shall not exceed the total gross floor area of the apartment dwellings on the site; b. All outdoor lights shall be deflected, shaded and focused away from all adjoining property; c. The use of the facility shall be limited to dead storage of household goods; d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment; e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals; f. No residential occupancy of the storage units; g. No business activity other than the rental of storage units; and h. A resident director shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 15.a. The floor area devoted to warehousing, refrigeration or storage shall not exceed two thousand square feet; b. Structures and areas used for warehousing, refrigeration and storage shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones; and c. Warehousing, refrigeration and storage is limited to agricultural products and sixty percent or more of the products must be grown or processed in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of products to be included in the warehousing, refrigeration or storage. 16. Only as an accessory use to another permitted use. 17. No outdoor storage. 18. Only as an accessory use to a public agency or utility yard, or to a transfer station. 19. Limited to new commuter parking lots designed for thirty or fewer parking spaces or commuter parking lots located on existing parking lots for churches, schools, or other permitted nonresidential uses ((which)) that have excess capacity available during commuting; provided that the new or existing lot is adjacent to a designated arterial that has been improved to a standard acceptable to the department of transportation; 20. No tow-in lots for damaged, abandoned or otherwise impounded vehicles. 21. No dismantling or salvage of damaged, abandoned or otherwise impounded vehicles. 22. Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 23. Limited to emergency medical evacuation sites in conjunction with police, fire or health service facility. Helistops are prohibited from the UR zone only if the property is located within a designated unincorporated Rural Town. 24. Allowed as accessory to an allowed use. 25. Limited to private road ambulance services with no outside storage of vehicles. 26. Limited to two acres or less. 27a. Utility yards only on sites with utility district offices; or b. Public agency yards are limited to material storage for road maintenance facilities. 28. Limited to bulk gas storage tanks ((which)) that pipe to individual residences but excluding liquefied natural gas storage tanks. 29. Excluding bulk gas storage tanks. 30. For I-zoned sites located outside the urban growth area designated by the King County Comprehensive Plan, uses shall be subject to the provisions for rural industrial uses ((as set forth)) in K.C.C. chapter 21A.12. 31. Vactor waste treatment, storage and disposal shall be limited to liquid materials. Materials shall be disposed of directly into a sewer system, or shall be stored in tanks (or other covered structures), as well as enclosed buildings. 32. Provided: a. Off-street required parking for a land use located in the urban area must be located in the urban area; b. Off-street required parking for a land use located in the rural area must be located in the rural area; and c. Off-street required parking must be located on a lot ((which)) that would permit, either outright or through a land use permit approval process, the land use the off-street parking will serve. 33. 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. 34. Limited to landscape and horticultural services (SIC 078) that are accessory to a use classified as retail nurseries, lawn and garden supply store (SIC 5261) and provided that construction equipment for the accessory use shall not be stored on the premises. 35. Allowed as a primary or accessory use to an allowed industrial-zoned land use. 36. Accessory to agricultural uses provided: a. In the RA zones and on lots less than thirty-five acres in the A zone, the floor area devoted to warehousing, refrigeration or storage shall not exceed three thousand five hundred square feet unless located in a farm structure, including but not limited to barns, existing as of December 31, 2003; b. On lots at least thirty-five acres in the A zones, the floor area devoted to warehousing, refrigeration or storage shall not exceed seven thousand square feet unless located in a farm structure, including but not limited to barns, existing as of December 31, 2003; c. In the A zones, structures and areas used for warehousing, refrigeration and storage 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; d. Structures and areas used for warehousing, refrigeration or storage shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones; and e. Warehousing, refrigeration and storage is limited to agricultural products and sixty percent or more of the products must be grown or processed in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of products to be included in the warehousing, refrigeration or storage. 37. Use shall be limited to the NB zone on parcels outside of the Urban Growth Area, Rural Towns and Rural Neighborhoods and the building floor area devoted to such use shall not exceed ten thousand square feet. SECTION 15. Ordinance 10870, Section 334, as amended, and K.C.C. 21A.08.070 are each hereby amended to read as follows: Retail land uses. A. Retail land uses. KEYRESOURCERESIDENTIALCOMMERCIAL/INDUSTRIALP-Permitted UseAFMRURURNBCBRBOIC-Conditional UseGOIUREREEUOUEUFNS-Special UseZRRNRBSBSISMSGSFD |
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SIC# |
SPECIFIC LAND USE |
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R1-8 |
R12-48 |
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I (30) |
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Building, Hardware and Garden Materials |
P19 |
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P21 C1 |
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Forest Products Sales |
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Department and Variety Stores |
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Food Stores |
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Motor Vehicle and Boat Dealers |
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Auto Supply Stores |
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Gasoline Service Stations |
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56 |
Apparel and Accessory Stores |
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Eating and Drinking Places |
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Drug Stores |
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592 |
Liquor Stores |
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Used Goods: Antiques/ Secondhand Shops |
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Book, Stationery, Video and Art Supply Stores |
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Jewelry Stores |
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Florist Shops |
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Personal Medical Supply Stores |
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Pet Shops |
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Bulk Retail |
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Auction Houses |
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Livestock Sales |
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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. |
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B. Development conditions.
1. Only feed stores and garden supply stores.
2. Only hardware and garden materials stores shall be permitted.
3.a. Limited to products grown on site.
b. Covered sales areas shall not exceed a total area of five hundred square feet.
4. No permanent structures or signs.
5. Limited to SIC Industry No. 5331-Variety Stores, and further limited to a maximum of two thousand square feet of gross floor area.
6. Limited to a maximum of two thousand square feet of gross floor area.
7.a. The floor area devoted to retail sales shall not exceed three thousand five hundred square feet unless it is located in an agricultural structure, such as a barn, existing as of December 31, 2003.
b. Forty percent or more of the gross sales of agricultural product sold through the store must be sold by the producers of primary agricultural products.
c. Sixty percent or more of the gross sales of agricultural products sold through the store shall be derived from products grown or produced in the Puget Sound counties. At the time of the initial application, the applicant shall submit a reasonable projection of the source of product sales.
d. Sales shall be limited to agricultural products and locally made arts and crafts.
e. Storage areas for agricultural products may be included in a farm store structure or in any accessory building.
f. Outside lighting is permitted if no off-site glare is allowed.
8. Excluding retail sale of trucks exceeding one-ton capacity.
9. Only the sale of new or reconditioned automobile supplies is permitted.
10. Excluding SIC Industry No. 5813-Drinking Places.
11. No outside storage of fuel trucks and equipment.
12. Excluding vehicle and livestock auctions.
13. Only as accessory to a winery or brewery, and limited to sales of products produced on site and incidental items where the majority of sales are generated from products produced on site.
14. Not in R-1 and limited to SIC Industry No. 5331-Variety Stores, limited to a maximum of five thousand square feet of gross floor area, and subject to K.C.C. 21A.12.330.
15. Not permitted in R-1 and limited to a maximum of five thousand square feet of gross floor area and subject to K.C.C. 21A.12.230.
16. Not permitted in R-1 and excluding SIC Industry No. 5813-Drinking Places, and limited to a maximum of five thousand square feet of gross floor area and subject to K.C.C. 21A.12.230 except as provided in subsection B.23. of this section.
17. Retail sale of livestock is permitted only as accessory to raising livestock.
18. Limited to the R-1 zone.
19. Limited to the sale of livestock feed, hay and livestock veterinary supplies with a covered sales area of not more than two thousand square feet. The square foot limitation does not include areas for storing livestock feed, hay or veterinary supplies or covered parking areas for trucks engaged in direct sale of these products from the truck.
20.a. The floor area devoted to retail sales shall not exceed two thousand square feet unless it is located in an agricultural structure, such as a barn, existing as of December 31, 2003.
b. Forty percent or more of the gross sales of agricultural products sold through the store must be sold by the producers of primary agricultural products.
c. Sixty percent or more of the gross sales of agricultural products sold through the store over a five-year period shall be derived from products grown or produced in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of product sales.
d. Sales shall be limited to agricultural products and locally-made arts and crafts.
e. Storage areas for agricultural products may be included in a farm store structure or in any accessory building.
f. Outside lighting is permitted if no off-site glare is allowed.
21. Limited to hay sales.
22. Only as:
a. an accessory use to a winery or brewery, limited to the tasting of products produced on site;
b. an accessory use to a permitted manufacturing or retail land use, limited to espresso stands to include sales of beverages and incidental food items, and not to include drive-through sales; or
c. an accessory use to a large active recreation and multiuse park, limited to a total floor area of three thousand five hundred square feet.
23. Only as:
a. an accessory to a large active recreation and multiuse park; or
b. an accessory to a park and limited to a total floor area of one thousand five hundred square feet.
24. Accessory to a park, limited to a total floor area of seven hundred fifty square feet.
25. Only as an accessory to:
a. a large active recreation and multiuse park in the urban growth area; or
b. a park, or a large active recreation and multiuse park in the RA zones, and limited to a total floor area of seven hundred and fifty square feet.
SECTION 16. Ordinance 10870, Section 354, as amended, and K.C.C. 21A.12.170 are each hereby amended to read as follows:
Setbacks - ((P))projections and structures allowed. Provided that the required setbacks from regional utility corridors of K.C.C. 21A.12.140, the adjoining half-street or designated arterial setbacks of K.C.C. 21A.12.160 and the sight distance requirements of K.C.C. 21A.12.210 are maintained, structures may extend into or be located in required setbacks, including setbacks as required by K.C.C. 21A.12.220B, as follows:
A. Fireplace structures, bay or garden windows, enclosed stair landings, closets, or similar structures may project into any setback, provided such projections are:
1. Limited to two per facade;
2. Not wider than ten feet; and
3. Not more than twenty-four inches into an interior setback or thirty inches into a street setback;
B. Uncovered porches and decks ((which)) that exceed eighteen inches above the finished grade may project:
1. Eighteen inches into interior setbacks((,)); and
2. Five feet into the street setback;
C. Uncovered porches and decks not exceeding eighteen inches above the finished grade may project to the property line;
D. Eaves may not project more than:
1. Eighteen inches into an interior setback(,));
2. Twenty-four inches into a street setback((,)); or
3. Eighteen inches across a lot line in a zero-lot-line development;
E. Fences with a height of six feet or less may project into or be located in any setback((.));
F. Rockeries, retaining walls and curbs may project into or be located in any setback provided these structures:
1. Do no exceed a height of six feet in the R-1 through R-18, UR, RA and resource zones((,));
2. Do not exceed a height of eight feet in the R-24 and R-48 zones((,)); and
3. Do not exceed the building height for the zone in commercial/industrial zones, measured in accordance with the standards established in the King County Building Code, Title 16;
G. Fences located on top of rockeries, retaining walls or berms are subject to the requirements of K.C.C. 21A.14.220;
H. Telephone, power, light and flag poles;
I. The following may project into or be located within a setback, but may only project into or be located within a five foot interior setback area if an agreement documenting consent between the owners of record of the abutting properties is recorded with the King County department of records and elections prior to the installment or construction of the structure:
1. Sprinkler systems, electrical and cellular equipment cabinets and other similar utility boxes and vaults((,));
2. security system access controls((,));
3. structures, except for buildings, associated with trails and on-site recreation spaces and play areas required in K.C.C. 21A.14.180 and K.C.C. 21A.14.190 such as benches, picnic tables and drinking fountains((,)); and
4. ((s))Surface water management facilities as required by K.C.C. 9.04;
J. Mailboxes and newspaper boxes may project into or be located within street setbacks;
K. Fire hydrants and associated appendages;
L. Metro bus shelters may be located within street setbacks((.)));
M. Unless otherwise allowed in K.C.C. 21A.20.080, free standing and monument signs four feet or less in height, with a maximum sign area of twenty square feet may project into or be located within street setbacks; ((and))
N. On a parcel in the RA zone, in the interior setback that adjoins a property zoned NB or CB, structures housing refrigeration equipment that extends no more than ten feet into the setback and is no more than sixty feet in length; and
O. Stormwater conveyance and control facilities, both above and below ground, provided such projections are:
1. Consistent with setback, easement and access requirements specified in the Surface Water Design Manual((,)); or
2. In the absence of said specifications, not within five feet of the property line.
SECTION 17. Ordinance 10870, Section 364, as amended, and K.C.C. 21A.14.040 are each hereby amended to read as follows:
Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following requirements shall be met:
A. In the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract;
B. In the RA zone:
1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster;
2. No more than eight lots of less than two and one-half acres shall be served by a single cul-de-sac street;
3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet;
4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on-site sewage disposal systems and rural roadways;
5. A fifty-foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section;
6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural-surface pedestrian and equestrian foot trails and passive recreational facilities. A resource tract created under K.C.C. 16.82.152.E. may be considered an open space tract for purposes of this subsection B.6;
7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. A resource tract created under K.C.C. 16.82.152.E. may be considered a resource tract for purposes of this subsection B.7. The resource land tract may be used as a working forest or farm if the following provisions are met:
a. Appropriateness of the resource land tract for forestry or agriculture has been determined by the county;
b. The subdivider shall prepare a forest management plan, ((which)) that must be reviewed and approved by the King County department of natural resources and parks, or a farm management plan, if a plan is required under K.C.C. chapter 21A.30, ((which)) that must be developed by the King Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and, except as otherwise provided for resource tracts created pursuant to K.C.C. 16.82.152.E, that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract;
c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm;
d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision;
e. A homeowners association shall be established to assure implementation of the forest management plan or farm management plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision;
f. The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, ((which)) that must be managed in accordance with the provisions established in the approved forest management plan or farm management plan;
g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat;
h. The notice shall run with the land; and
i. Natural-surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; and
8. ((For purposes of this section, passive recreational facilities include trail access points, small-scale parking areas and restroom facilities; and
9.)) The requirements of subsection B.1., 2, or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and
C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan, or subarea plans or open space functional plans, to connect and increase protective buffers for critical areas, to connect and protect wildlife habitat corridors designated by the comprehensive plan and to connect existing or planned public parks or trails. The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract.
SECTION 18. Ordinance 10870, Section 378, as amended, and K.C.C. 21A.14.180 are each hereby amended to read as follows:
On-site recreation - space required.
A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed-use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows:
1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre: three hundred ninety square feet per unit;
2. Mobile home park: two hundred sixty square feet per unit; ((and))
3. Residential subdivisions developed at a density of greater than eight units per acre: one hundred seventy square feet per unit; and
4. Apartments((,)) and townhouses developed at a density of greater than eight units per acre((,)) and mixed use:
a. Studio and one bedroom: ninety square feet per unit;
b. Two bedrooms: one hundred seventy square feet per unit; and
c. Three or more bedrooms: one hundred seventy square feet per unit.
B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21A.14.200.
C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall:
1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent;
2. Be on the site of the proposed development;
3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration ((which)) that allows for passive and active recreation;
4. Be centrally located with good visibility of the site from roads and sidewalks;
5. Have no dimensions less than thirty feet, except trail segments;
6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities;
7. Have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the required outdoor recreation space exceeds five thousand square feet and is located in a single detached or townhouse subdivision;
8. Be accessible and convenient to all residents within the development; and
9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, ((which)) that may be located on adjoining property.
D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multipurpose entertainment and education areas.
E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements:
1. For developments of five dwelling units or more, a tot lot or children's play area, ((which)) that includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190;
2. For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area:
a. playground equipment;
b. sport court;
c. sport field;
d. tennis court; or
e. any other recreation facility proposed by the applicant and approved by the director;
3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2. of this section shall be provided in addition to the tot lot or children's play area; and
4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:
a. Fractions of 0.50 or above shall be rounded up; and
b. Fractions below 0.50 shall be rounded down.
F. In subdivisions, recreation areas that are contained within the on-site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria:
1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director;
2. The drainage facility shall be constructed to meet the following conditions:
a. The side slope of the drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation;
b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard;
c. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and
d. The drainage facility shall be designed so they do not require fencing under the King County Surface Water Design Manual.
G. When the tract is a joint use tract for a drainage facility and recreation space, King County is responsible for maintenance of the drainage facility only and requires a drainage easement for that purpose.
H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans.
1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on-site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C. 21A.14.190 have been met.
2. If engineering plans indicate that the on-site drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C. 21A.14.180.A. will be met.
SECTION 19. Ordinance 10870, Section 536, as amended, and K.C.C. 21A.30.080 are each hereby amended to read as follows:
Home occupation in the R and UR zones. In the R and UR zones, ((R))residents of a dwelling unit may conduct one or more home occupations as accessory activities, only if:
A. The total area devoted to all home ((occupation or)) occupations shall not exceed twenty percent of the floor area of the dwelling unit. Areas within ((attached)) garages and storage buildings shall not be considered part of the dwelling unit ((for purposes of calculating allowable home occupation area but)) and may be used for ((storage of goods)) activities associated with the home occupation;
B. ((In urban residential zones, a))All the activities of the home occupation or occupations shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation or occupations;
C. ((In A, F and RA zones:
1. The total indoor area of a home occupation shall not exceed twenty percent of the floor area of the dwelling unit. Areas with attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home occupation area but may be used for storage of goods associated with the home occupation.
2. Total outdoor area of a home occupation shall not exceed one percent of the size of the lot up to a maximum of five thousand square feet.
3. Outdoor storage and parking shall have ten-foot wide Type II landscaping.
D.)) A home occupation or occupations is not limited in the number of employees that remain off-site. No more than one nonresident employee shall be ((employed by)) permitted to work on-site for the home occupation or occupations;
((E.)) D. The following activities are prohibited ((in urban residential zones only)):
1. Automobile, truck and heavy equipment repair;
2. Autobody work or painting;
3. Parking and storage of heavy equipment; and
4. Storage of building materials for use on other properties;
((F.)) E. In addition to required parking for the dwelling unit, on-site parking is provided as follows:
1. One stall for ((a)) each nonresident employed by the home occupations; and
2. One stall for patrons when services are rendered on-site;
((G.)) F. Sales are limited to:
1. Mail order sales; ((and))
2. Telephone, Internet or other electronic commerce sales with off-site delivery; and
3. Items accessory to a service provided to patrons who receive services on the premises;
((H.)) G. On-site ((S))services to patrons are arranged by appointment ((or provided off-site));
((I.)) H. The home occupation or occupations use or store a vehicle for pickup of materials used by the home occupation or occupations or the distribution of products from the site, only if:
1. No more than one such a vehicle is allowed; and
2. The vehicle ((does not park)) is not stored within any required setback areas of the lot or on adjacent streets; and
3. The vehicle does not exceed ((a)) an equivalent licensed gross vehicle weight ((capacity)) of one ton ((, except in the A, F and RA zones on lots at least five acres in size, where it is only if the vehicle does not exceed a weight capacity of two and one-half tons; and));
((J.)) I. The home occupation or occupations do not use electrical or mechanical equipment that results in:
1. A change to the occupancy type of the structure or structures used for the home occupation or occupations;
2. Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or
3. Fluctuations in line voltage off-premises; and
((K.)) J. Uses not allowed as home occupations may be allowed as a home industry under K.C.C. chapter 21A.30.
NEW SECTION. SECTION 20. There is hereby added to K.C.C. chapter 21A.30 a new section to read as follows:
Home occupations in the A, F and RA zones. In the A, F and RA zones, residents of a dwelling unit may conduct one or more home occupations as accessory activities, under the following provisions:
A. The total floor area devoted to all home occupations shall not exceed twenty percent of the dwelling unit. Areas within garages and storage buildings shall not be considered part of the dwelling unit and may be used for activities associated with the home occupation;
B. Total outdoor area of all home occupations shall be permitted as follows:
1. For any lot less than one acre: Four hundred forty square feet; and
2. For lots one acre or greater: One percent of the area of the lot, up to a maximum of five thousand square feet.
C. Outdoor storage areas and parking areas related to home occupations shall be:
1. No less than twenty-five feet from any property line; and
2. Screened along the portions of such areas that can be seen from an adjacent parcel or roadway by the:
a. planting of Type II landscape buffering; or
b. use of existing vegetation which meets or can be augmented with additional plantings to meet the intent of Type II landscaping.
D. A home occupation or occupations is not limited in the number of employees that remain off-site. Regardless of the number of home occupations, the number of nonresident employees is limited to no more than three who work on-site and no more than three who report to the site but primarily provide services off-site.
E. In addition to activities allowed as home occupations by K.C.C. 21A.30.080, the following activities are permitted:
1. Automobile, truck and heavy equipment repair;
2. Autobody work or painting;
3. Parking and storage of heavy equipment; and
4. Storage of building materials for use on other properties;
F. In addition to required parking for the dwelling unit, on-site parking is provided as follows:
1. One stall for each nonresident employed on-site; and
2. One stall for patrons when services are rendered on-site;
G. Sales are limited to:
1. Mail order sales;
2. Telephone, Internet or other electronic commerce sales with off-site delivery;
3. Items accessory to a service provided to patrons who receive services on the premises; and
4. Items grown, produced or fabricated on-site;
H. The home occupation or occupations do not use electrical or mechanical equipment that results in:
1. A change to the occupancy type of the structure or structures used for the home occupation or occupations;
2. Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or
3. Fluctuations in line voltage off-premises;
I. Uses not allowed as home occupation may be allowed as a home industry under K.C.C. chapter 21A.30; and
J. The home occupation or occupations may use or store vehicles, as follows:
1. The total number of vehicles for all home occupations shall be:
a. for any lot five acres or less: two;
b. for lots greater than five acres: three; and
c. for lots greater than ten acres: four;
2. The vehicles are not stored within any required setback areas of the lot or on adjacent streets; and
3. The parking area for the vehicles shall not be considered part of the outdoor storage area provided for in subsection C. of this section.
SECTION 21. Ordinance 10870, Section 537, and K.C.C. 21A.30.090 are each hereby amended to read as follows:
Home industry. A resident may establish a home industry as an accessory activity, ((provided)) as follows:
A. The site area ((shall be no less than)) is one acre or greater;
B. The area of the home industry ((shall)) does not exceed ((50)) fifty percent of the floor area of the dwelling unit. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home industry area but may be used for storage of goods associated with the home ((occupation)) industry;
C. No more than four non-residents who come to the site of the home industry ((shall be)) are employed in ((a)) the home industry;
D. In addition to required parking for the dwelling unit, on-site parking ((shall be)) is provided as follows:
1. One stall for each non-resident employee of the home industry; and
2. One stall for customer parking;
E. Additional customer parking shall be calculated for areas devoted to the home industry at the rate of one stall per:
1. ((1,000)) One thousand square feet of building floor area; and
2. ((2,000)) Two thousand square feet of outdoor work or storage area;
F. Sales ((shall be)) are limited to items produced on-site, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps, and antiques;
G. Ten feet of Type I landscaping ((shall be)) are provided around portions of parking and outside storage areas ((which)) that are otherwise visible from adjacent properties or public rights-of-way; and
H. The ((zoning adjustor shall)) department ensures compatibility of the home industry by:
1. Limiting the type and size of equipment used by the home industry to those ((which)) that are compatible with the surrounding neighborhood;
2. Providing for setbacks or screening as needed to protect adjacent residential properties;
3. Specifying hours of operation;
4. Determining acceptable levels of outdoor lighting; and
5. Requiring sound level tests for activities determined to produce sound levels ((which)) that may be in excess of those ((set forth)) in K.C.C. chapter 12.88.
SECTION 22. Ordinance 13130, Section 4, and K.C.C. 21A.32.055 are each hereby amended to read as follows:
Nonconformance - ((M))modifications to nonconforming use, structure((,)) or site improvement. Modifications to a nonconforming use, structure((,)) or site improvement may be reviewed and approved by the department pursuant to the code compliance review process of K.C.C. ((21A.42.010)) 21A.42.030, provided that:
A. The modification does not expand any existing nonconformance; and
B. The modification does not create a new type of nonconformance.
SECTION 23. Ordinance 13130, Section 5, and K.C.C. 21A.32.065 are each hereby amended to read as follows:
Nonconformance - ((E))expansions of nonconforming uses, structures, or site improvements. A nonconforming use, structure, or site improvement may be expanded as follows:
A. The department may review and approve, pursuant to the code compliance process of K.C.C. ((21A.42.010)) 21A.42.030, an expansion of a nonconformance ((provided that)) only if:
1. The expansion ((shall)) conforms to all other provisions of this title, except that the extent of the project-wide nonconformance in each of the following may be increased up to 10 percent:
a. building square footage,
b. impervious surface,
c. parking, or
d. building height((.)); and
2. No subsequent expansion of the same nonconformance shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection A.1((.));
B. A special use permit shall be required for expansions of a nonconformance within a development authorized by an existing special use or unclassified use permit if the expansions are not consistent with ((the provisions of)) subsection A. of this section;
C. A conditional use permit shall be required for expansions of a nonconformance:
1. Within a development authorized by an existing planned unit development approval((,)); or
2. Not consistent with the provisions of subsections A and B of this section((.)); and
D. No expansion shall be approved that would allow for urban growth outside the urban growth area, in conflict with King County Comprehensive Plan rural and natural resource policies and constitute impermissible urban growth outside an urban growth area.
SECTION 24. Ordinance 13274, Section 5, as amended, and K.C.C. 21A.37.030 are each hereby amended to read as follows:
Transfer of development rights (TDR) program - receiving sites.
A. Receiving sites shall be:
1. King County unincorporated urban sites, except as limited in subsection D. of this section, zoned R-4 through R-48, NB, CB, RB or O, or any combination thereof. The sites may also be within potential annexation areas established under the countywide planning policies; or
2. Cities where new growth is or will be encouraged under the Growth Management Act and the countywide planning policies and where facilities and services exist or where public investments in facilities and services will be made, or
3. RA-2.5 zoned parcels, except as limited in subsection E. of this section, that meet the criteria listed in this subsection A.3. may receive development rights transferred from rural forest focus areas, and accordingly may be subdivided and developed at a maximum density of one dwelling per two and one-half acres. Increased density allowed through the designation of rural receiving areas:
a. must be eligible to be served by domestic Group A public water service;
b. must be located within one-quarter mile of an existing predominant pattern of rural lots smaller than five acres in size;
c. must not adversely impact regionally or locally significant resource areas or ((environmentally sensitive)) critical areas;
d. must not require public services and facilities to be extended to create or encourage a new pattern of smaller lots;
e. must not be located within rural forest focus areas; and
f. must not be located on Vashon Island or Maury Island.
B. Except as provided in this chapter, development of an unincorporated King County receiving site shall remain subject to all zoning code provisions for the base zone, except TDR receiving site developments shall comply with dimensional standards of the zone with a base density most closely comparable to the total approved density of the TDR receiving site development.
C. An unincorporated King County receiving site may accept development rights from one or more sending sites, up to the maximum density permitted under K.C.C. 21A.12.030 and 21A.12.040.
D. Property located within the outer boundaries of the Noise Remedy Areas as identified by the Seattle-Tacoma International Airport may not accept development rights.
E. Property located on Vashon Island or Maury Island may not accept development rights.
SECTION 25. Ordinance 10870, Section 579, as amended, and K.C.C. 21A.38.060 are each hereby amended to read as follows:
Special district overlay - ((O))office/research park development.
A. The purpose of the office/research park special district overlay is to establish an area for development to occur in a campus setting with integrated building designs, flexible grouping of commercial and industrial uses, generous landscaping and buffering treatment, and coordinated auto and pedestrian circulation plans. Office/research park districts shall only be established in areas designated within a community plan and zoned RB, O or I zones. Permitted uses shall include all uses permitted in the RB, O and I zones, as set forth in K.C.C. chapter 21A.08, regardless of the classification used as the underlying zone on a particular parcel of land.
B. The following development standards shall apply to uses locating in office/research park overlay districts:
1. All uses shall be conducted inside an entirely enclosed building;
2. An internal circulation plan shall be developed to facilitate pedestrian and vehicular traffic flow between major project phases and individual developments;
3. The standards ((set forth)) in this section shall be applied to the development as a unified site, not withstanding any division of the
development site under a binding site plan or subdivision;
4. All buildings shall maintain a 50-foot setback from perimeter streets and from residential zoned areas;
5. The total permitted impervious lot coverage shall be 80 percent. The remaining 20 percent shall be devoted to open space. Open space may include all required landscaping, and any unbuildable ((environmentally sensitive)) critical areas and ther associated buffers;
6. The landscaping standards ((set forth)) in K.C.C. chapter 21A.16 are modified as follows:
a. 20-foot wide Type II landscaping shall be provided along exterior streets, and 20-foot wide Type III landscaping shall be provided along interior streets;
b. 20-foot wide Type I landscaping shall be provided along property lines adjacent to residential zoned areas;
c. 15-foot wide Type II landscaping shall be provided along lines adjacent to nonresidential zoned areas; and
d. Type IV landscaping shall be provided within all surface parking lots as follows:
(1) Fifteen percent of the parking area, excluding required perimeter landscaping, shall be landscaped in parking lots with more than 30 parking stalls;
(2) At least one tree for every four parking stalls shall be provided, to be reasonably distributed throughout the parking lot; and
(3) No parking stall shall be more than 40 feet from some landscaping;
e. An inventory of existing site vegetation shall be conducted pursuant to the procedures ((set forth)) in K.C.C. chapter 21A.16, and
f. An overall landscaping plan ((which)) that conforms to the requirements of this subsection shall be submitted for the entire district or each major development phase prior to the issuance of any site development, grading((,)) or building permits;
7. Lighting within an office/industrial park shall shield the light source from the direct view of surrounding residential areas;
8. Refuse collection/recycling areas and loading or delivery areas shall be located at least ((100)) one hundred feet from residential areas and screened with a solid view obscuring barrier;
9. Off street parking standards as ((set forth)) in K.C.C. ((C))chapter 21A.18 are modified as follows:
a. one space for every ((300)) three hundred square feet of floor area shall be provided for all uses, except on-site daycare, exercise facilities, eating areas for employees, archive space for tenants((,)) and retail/service uses;
b. parking for on-site daycare, exercise facilities, eating areas for employees, archive space for tenants, and retail/service uses shall be no less than one space for every ((1000)) one thousand square feet of floor area and no greater than one space for every ((500)) five hundred square feet of floor area; and
c. at least ((25)) twenty-five percent of required parking shall be located in a parking structure; and
10. Sign standards ((as set forth)) in K.C.C. ((C))chapter 21A.20 are modified as follows:
a. Signs visible from the exterior of the park shall be limited to one monument office/research park identification sign at each entrance. ((Such)) The signs shall not exceed an area of ((64)) sixty-four square feet per sign;
b. no pole signs shall be permitted; and
c. all other signs shall be visible only from within the park.
SECTION 26. Ordinance 12823, Section 16, and K.C.C. 21A.38.210 are each hereby amended to read as follows:
Special district overlay - ((H))heron habitat protection area.
A. The purpose of the heron habitat protection area special district overlay is to provide a means to designate areas that provide essential feeding, nesting and roosting habitat for identified great blue heron rookeries. A district overlay will usually contain several isolated areas of known heron habitat in the general region surrounding the heron rookery.
B. The following development standards shall be applied in addition to all applicable requirements of K.C.C. chapter 21A.24 and Title 25 to development proposals located within a heron habitat protection area district overlay:
1. The following conditions shall apply to the wetland or along the main channel of the stream riparian zone containing the heron rookery (tributary streams are excluded):
a. The ((100)) one-hundred-year floodplain shall be left undisturbed. Development proposals on individual lots shall require the ((100)) one-hundred-year floodplain to retain the native vegetation and be placed in a county-approved conservation easement or notice shall be placed on the title of the lot. The notice shall be approved by King County and filed with the records ((and)), elections and licensing services division. The notice shall inform the public of the presence and location of the floodplain and heron habitat on the property and that limitations on actions in or affecting the area exist. Subdivisions, short subdivisions and binding site plans shall require the ((100)) one-hundred-year floodplain to retain the native vegetation and be placed in a ((sensitive)) critical areas tract, to be dedicated to the homeowner's association or other legal entity ((which)) that assumes maintenance and protection of the tract. Determination of the floodplain shall be done for each permit application based on actual field survey using county-approved floodplain elevations;
b. There shall be a ((660)) six-hundred-sixty-foot radius buffer maintained around the periphery of the great blue heron rookery. If the ((sensitive)) critical areas and buffers are not adequate to provide the radius, then the buffer shall be expanded to meet the requirement. A rookery and its buffer shall be designated as ((sensitive)) critical area tract, easement or noticed on title as required in this subsection; and
c. All access shall be restricted under nest trees from February 15((th)) to July 31((st)) and noted on signage at the floodplain or buffer edge, whichever is further from the rookery. Access may be further restricted with fencing or dense plantings with native plant material approved by the county. All developments in R-12 or higher density zones shall restrict access and provide an interpretive sign that provides information about the stream or wetland and its wildlife, biological, and hydrological functions. All signs shall be consistent with ((sensitive)) critical area signage requirements and subject to review and approval of the county;
2. Subdivisions, short subdivisions, binding site plans, site development permits or other commercial or multifamily permits adjacent to stream reaches and wetlands designated on the heron habitat protection area district overlay map, shall provide buffers that are 50 feet greater than required pursuant to K.C.C. chapter 21A.24 along those streams and wetlands to provide habitat for herons. This additional ((50)) fifty-foot buffer shall be planted with dense native plant material to discourage human intrusion into feeding or nesting and roosting areas. Plantings shall be reviewed and approved by the department. If conformance with the additional buffer requirement results in an unbuildable lot, then the minimum variation necessary to accommodate the proposed development shall be determined in consultation with county biologists and be reviewed and approved by the department;
3. Along the shoreline of lakes and river corridors included in the heron habitat protection area, all subdivisions, short subdivisions, binding site plans, site development permits or other commercial or multifamily permits shall provide a ((50)) fifty-foot buffer in addition to required shoreline setbacks of K.C.C. Title 25 and chapter 21A.24. Along the shoreline of the major rivers (Sammamish, Green, Cedar, Snoqualmie, Snohomish, Skykomish and White ((R))rivers), the setback requirement may be waived if a special wildlife study shows no great blue heron nesting, roosting((,)) and feeding areas on the site. These studies shall be done by a wildlife biologist and approved by county biologists. This additional ((50)) fifty-foot buffer shall be planted with dense native plant material to discourage human intrusion into feeding or nesting and roosting areas. Plantings shall be reviewed and approved by the department; and
4. New docks, piers, bulkheads((,)) and boat ramps constructed within the heron habitat protection area shall mitigate for loss of heron feeding habitat by providing enhanced native vegetation approved by the county adjacent to the development or between the development and the shoreline. Bulkheads shall be buffered from the water's edge by enhanced plantings of native vegetation approved by the county.
SECTION 27. Ordinance 12823, Section 19, and K.C.C. 21A.38.240 are each hereby amended to read as follows:
Special district overlay - ((F))floodplain ((D))density.
A. The purpose of the floodplain density special district overlay is to provide a means to designate areas that cannot accommodate additional density due to severe flooding problems. This district overlay limits development in ((sensitive)) critical areas to reduce potential future flooding.
B. The following development standards shall be applied to all development proposals on RA-5 zoned parcels located within a floodplain density special district overlay:
1. Density is limited to one home per ((10)) ten acres for any property that is located within a ((sensitive)) critical area; and
2. All development shall be clustered outside of the identified ((sensitive)) critical areas, unless the entire parcel is a mapped ((sensitive)) critical area.
SECTION 28. Ordinance 10870, Section 583, as amended, and K.C.C. 21A.39.020 are each hereby amended to read as follows:
UPD permit - ((A))application((/)) and review process.
A. King County shall accept an application for an UPD permit only in areas designated urban by the comprehensive plan and contained within the boundaries of UPD Special District Overlays designated by a community plan or comprehensive plan, provided that density transfer from adjacent rural lands is allowed as provided for in K.C.C. chapter 21A.36.
B. A UPD permit application, or modifications of an approved UPD permit ((which)) that requires council review, shall be reviewed pursuant to the hearing examiner process outlined in K.C.C. chapter 21A.42, provided that:
1. the review of the UPD permit application shall not be completed until applicable sewer and/or water comprehensive utility plans or plan amendments are identified;
2. A UPD permit may be processed concurrently with any application for a subsequent development approval implementing the UPD permit.
C. A processing memorandum of understanding (MOU) shall be adopted containing any of the following elements:
1. Schedule for processing including timelines for EIS, drainage master plan, UPD permit hearings, plats or other permits or approvals;
2. Budget for permit processing and review;
3. Establishment of a core UPD review team with one representative from each county department having a principal UPD permit review role. The department responsible for coordinating review of the UPD shall enter into memorandums of understanding with other county departments specifying special tasks and timetables consistent with the schedule for performance by each department and/or independent consulting;
4. Retention of a third-party facilitator at the applicant's cost to assist the county's review;
5. Establishment of baseline monitoring requirements and design parameters ((which)) that are to apply under existing law during the UPD application and review process;
6. Final scope for EIS, ((which)) that shall be adjusted for adopted county substantive environmental or mitigation requirements ((which)) that will apply to the UPD permit such as ((the sensitive area ordinance)) K.C.C. chapter 21A.24, the SWM Manual, road and school adequacy standards, impact fee or mitigation programs or other adopted standards.
D. The processing MOU shall be completed initially within ((90)) ninety days after the request by a UPD permit applicant, unless the county and applicant agree to a different time. If the county and applicant have not reached agreement within ((90)) ninety days, then either may request final resolution of the processing MOU by a committee consisting of the directors of the departments of ((transportaion)) transportation, development and environmental services((,)) and natural resources and parks;
E. ((UPD Application Form.)) The county shall prepare ((an)) a UPD application form consistent with the information required under K.C.C. 21A.39.030, ((which)) that shall take into account that detailed information ((which)) that may not be available at the time of the application will be developed through the environmental impact statement and review process.
SECTION 29. Ordinance 10870, Section 584, as amended, and K.C.C. 21A.39.030 are each hereby amended to read as follows:
UPD permit - ((C))conditions of approval.
A. In approving a UPD permit, conditions of approval shall at a minimum establish:
1. A site plan for the entire UPD showing locations of insrsid672142 ((sensitive)) critical areas and buffers, required open spaces, UPD perimeter buffers, location and range of densities for residential development((,)) and location and size of ((non-residential)) nonresidential development;
2. The expected buildout time period for the entire project and the various phases;
3. Project phasing and other project-specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools((,)) and parks;
4. Affordable housing requirements;
5. Road and storm water design standards that shall apply to the various phases of the project;
6. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the UPD;
7. The size and range of uses authorized for any ((non-residential)) nonresidential development within the UPD;
8. The minimum and maximum number of residential units for the UPD; and
9. Any or both sewer and((/or)) water comprehensive utility plans or amendments required to be completed before development can occur; and
10. Provisions for the applicant's surrender of an approved UPD permit before commencement of construction or cessation of UPD development based upon causes beyond the applicant's control or other circumstances, with the property to develop thereafter under the base zoning in effect prior to the UPD permit approval.
B. A UPD permit and development agreement may allow development standards different from those otherwise imposed under the King County Code, including, but not limited to, K.C.C. 21A.39.050 ((through 120)), 21A.39.060, 21A.39.070, 21A.39.080, 21A.39.090, 21A.39.100, 21A.39.110 and 21A.39.120, in order to provide flexibility to achieve public benefits, respond to changing community needs, and encourage modifications ((which)) that provide the functional equivalent or adequately achieve the purposes of county standards. Any approved development standards that differ from those in the King County Code shall not require any further zoning reclassification, variance from King County standards or other county approval apart from the UPD permit approval. The development standards as approved through the UPD permit and development agreement shall apply to and govern the development and implementation of each UPD site in lieu of any conflicting or different standards or requirements elsewhere in the King County Code.
C. Subsequently adopted standards ((which)) that differ from those of the UPD permit shall apply to the UPD only where necessary to address imminent public health and safety hazards or where the UPD permit specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases ((which)) that are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes in effect when the permit is applied for.
D. An approved UPD permit, including site plan elements or conditions of approval, may be amended or modified at the request of the applicant or the applicant's successor in interest designated by the applicant in writing. The director may administratively approve minor modifications to an approved UPD permit. Modifications that do not qualify as minor shall be deemed major modifications and shall be reviewed in the same manner as that ((set forth)) in ((Section)) K.C.C. 21A.39.020 for new UPD permit applications. Any increase in the total number of dwelling units in a UPD above the maximum number ((set forth)) in the approved UPD permit, or any decrease in the minimum density for residential areas of the UPD (exclusive of roads and ((sensitive)) critical areas), shall be deemed major modifications. The county through the development agreement for an approved UPD may specify additional criteria for determining whether proposed modifications are major or minor.
E. Unless otherwise provided for through the UPD permit approval, and subject to any appropriate credits for fees paid or facilities provided by the UPD, applicable impact fee payment requirements shall be those ((which)) that are in effect when subsequent implementing approvals such as subdivision applications, binding site plans, building permits or other approvals are applied for.
SECTION 30. Ordinance 13130, Section 11, and K.C.C. 21A.42.190 are each hereby amended to read as follows:
Modifications and expansions - uses or development authorized by existing conditional use, special use((,)) or unclassified use permits.
A. The department may review and approve, pursuant to the code compliance process of K.C.C. ((21A.42.010)) 21A.42.030, an expansion of a use or development authorized by an existing conditional use, special use or unclassified use permit ((provided that)) as follows:
1. The expansion shall conform to all provisions of this title and the original land use permit, except that the project-wide amount of each of the following may be increased up to ten percent:
a. building square footage,
b. impervious surface,
c. parking, or
d. building height((.));
2. No subsequent expansions shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection A.1. of this section((.));
((B.)) 3. A conditional use permit shall be required for expansions within a use or development authorized by an existing conditional use permit if the expansions are not consistent with the provisions of this subsection ((A.)); and
((C.)) 4. A special use permit shall be required for expansions within a use or development authorized by an existing special use or unclassified use permit, if the expansions to either permit are not consistent with the provisions of this subsection ((A)).
B. The department may review and approve, in accordance with the code compliance process of K.C.C. 21A.42.030, a modification of a use or a development authorized by an existing conditional use, special use or unclassified use permit that does not make a substantial change, as determined by the department, to the conditional use, special use or unclassified use. For the purposes of this subsection, a "substantial change" includes, but is not limited to, a change to the conditions of approval or the creation of a new use.
((D.)) C. This section shall not apply to modifications or expansions of telecommunication facilities, the provision for which are ((set forth)) in K.C.C. 21A.26.140 or to modifications or expansions of nonconformances, the provisions for which are ((set forth)) in K.C.C. 21A.32.065.
SECTION 31. Ordinance 13275, Section 1, as amended, and K.C.C. 21A.55.050 are each hereby amended to read as follows:
Demonstration project overlay - rural forest demonstration project.
A. The purpose of the rural forest demonstration project is to test techniques to maintain long-term forest uses in areas with a predominant parcel size of significantly less than eighty acres ((which)) that are located in proximity to residential development. The demonstration project will also provide information and data to assist in the development of King County Comprehensive Plan policies to guide application and refinement of forest protection regulations.
B. ((Rural Forest demonstration project - designation of project area.)) The rural forest demonstration project will be implemented on the five-hundred-ten-acre site located east of the Rattlesnake Mountain Scenic Area, as shown in ((a))Attachment A ((of)) to Ordinance 13275.
C. ((Scope of demonstration project -)) The rural forest demonstration project shall include:
1. Preparation of a forest management plan for the entire demonstration project site. The forest management plan shall be developed jointly by the department of natural resources and parks and the property owner with input from the Washington state Department of Natural Resources, local tribes and citizens, and shall be approved by the director of the department of natural resources and parks. The forest management plan shall include:
a. an inventory of existing conditions ((-)), including current tree species and respective size ranges, understory composition, ((sensitive)) critical areas, natural and human induced disturbance regimes and history of ecosystem changes((.));
b. objectives for forest management including water quality protection, habitat enhancement, maintenance of scenic areas, surface water management and minimal impacts to neighbors((.));
c. a reforestation element consistent with these management objectives including establishment of stream buffers of one hundred eighty-three feet for Class II streams with salmonids and one hundred feet for Class III streams((.)); and
d. an operation and maintenance element including anticipated harvest activities((.));
2. Creation of a dedicated fund of the Uplands Snoqualmie Valley Homeowners Association the proceeds of which may be expended solely to implement and monitor the forest management plan. The net proceeds of any harvest of forest products from the common tracts of the Uplands Snoqualmie Valley shall be deposited in such fund to the extent necessary to bring the aggregate amount of money in such fund to an amount reasonably anticipated to be needed to pay the cost of implementing and monitoring the forest management plan for the current and next two calendar years((.));
3. Creation of a Stewardship Committee of the Uplands Snoqualmie Valley Homeowners Association to implement the forest management plan. The ((S))stewardship ((C))committee shall, in consultation with King County and Washington state Department of Natural Resources: ensure sufficient funding is available for implementation of the forest management plan, hire a qualified forester or foresters to implement the forest management plan and hire qualified staff to monitor implementation of the forest management plan and prepare required reports. King County and the Washington state Department of Natural Resources shall annually inspect the property for compliance with the forest management plan consistent with the terms of the conservation easement and King County shall offer training to the members of the ((S))stewardship ((C))committee on forestry techniques and issues((.));
4. Application and review of a formal subdivision of forty-one lots, exclusive of common tracts, on the five hundred-ten-acre site. The subdivision and infrastructure shall be designed to integrate with the forest landscape, including pavement widths no wider than needed to meet safety considerations. A goal of the demonstration project is to test the marketability of these forest lots in a timely manner; to that end, it is a goal of King County to render a decision on the subdivision application within six months of submittal of the application. A priority review process shall be implemented as permitted by K.C.C. 21A.55.010. The department of development and environmental services shall assign a permit coordinator and a project review team to complete review of all aspects of the application, and shall negotiate appropriate fees for the review process with the applicant. Neither the designation of the site as a demonstration project nor approval of the forest management plan constitute approval of the subdivision application or in any way limit King County discretion in SEPA review or application of regulations to the subdivision application((.));
5. Dedication or conveyance, upon final plat approval, to King County or a qualified nonprofit conservation organization of a conservation easement in perpetuity upon the demonstration project site that: prohibits any future subdivision activity; prohibits all development of the site other than residential development of no more than forty-one lots; restricts such residential development and associated lawn, landscaped areas, driveways and fenced areas to an area not to exceed two acres within each lot; restricts the uses of the remaining nonresidential portion of the site to open space and forest practices and incidental uses necessary for the residential use on the forty-one lots such as for roads, access drives (not including on-site driveways) utilities and storm detention; provides for the dedicated fund as described in K.C.C. 21A.55.050C.2; requires the owner to exercise its reasonable best efforts to implement the forest management plan; and provides for enforcement of the terms of the conservation easement first through nonbinding mediation. Adoption of this demonstration project shall be subject to council review of the conservation easement, a copy of which shall be provided to the council by August 20, 1998((.)); and
6. An inventory of properties within King County with similar characteristics to the rural forest demonstration project site and an analysis of the potential effects of development of those properties under the same requirements as the demonstration project.
D. ((Scope of authority to modify or waive standards.)) Application to modify or waive development standards of K.C.C. Title 21A for this individual development proposal shall be administratively approved by the director of the department of development and environmental services and shall be consistent with an approved forest management plan developed for the entire five-hundred-ten acre site.
E. The application to modify or waive development standards for this development proposal shall be evaluated on the merits of the specific proposal. Approval or denial of a proposed modification or waiver shall not be construed as precedent setting for elsewhere in the county.
F. Modification or waivers approved pursuant to the rural forest demonstration project shall be in addition to those modifications or waivers ((which)) that are currently allowed by K.C.C. Title 21A. The range of proposed modifications to development regulations that may be considered pursuant to the rural forest demonstration project shall only include the following zoning code regulations:
1. Development Standards - Landscaping and Water Use, K.C.C. chapter 21A.16, limited to the following ((subsections)) sections:
a. landscaping - street frontages, K.C.C. 21A.16.050;
b. landscaping - interior lot lines, K.C.C. 21A.16.060; and
c. landscaping - additional standards for required landscape areas, K.C.C. 21A.16.090.
2. Development Standards - Parking and Circulation, K.C.C. chapter 21A.18, limited to the following ((subsections)) sections:
a. pedestrian and bicycle circulation and access, K.C.C. 21A.18.100; and
b. off-street parking plan design standards, K.C.C. 21A.18.110.
G. The ((M))modification or waiver review process is as follows:
1. Requests for modifications or waivers may only be submitted in relation to a formal subdivision proposal((.));
2. Requests shall be:
a. submitted to the department of development and environmental services prior to or in conjunction with the subdivision application for preliminary approval of a formal subdivision on the project site; and
b. in writing, along with any supporting documentation. The supporting documentation must illustrate how the proposed modification meets the criteria of K.C.C. 21A.55.050.H((.));
3. Notice of application, reviw and approval of proposed modifications or waivers submitted in conjunction with a formal subdivision application shall be treated as a Type 2 land use decision. In approving a proposed modification or waiver, the director must conclude that the criteria for approval ((set forth)) in K.C.C. 21A.55.050H have been met((.));
4. A preapplication meeting to determine the need for, and the likely scope of, a proposed modification(((s))) or modifications or waiver(((s))) or waivers shall be required prior to submittal of a modification request((,)); and
5. Administrative appeals of director approved modifications or waivers shall be combined with consideration of the underlying application for preliminary subdivision approval.
H. ((Rural forest demonstration project criteria for modification or waiver approval.)) The application for a rural forest demonstration project must, for modification or waiver approval, demonstrate how the proposed project, with modifications or waivers to the code, will be consistent with and implement the approved forest management plan. This shall be demonstrated by documenting that the development with modifications or waivers:
1. Enhances the preservation of forestry for resource value, open space, scenic views and wildlife habitat;
2. Reduces impacts on the natural environment or restores natural functions; and
3. Supports the integration of forest uses and homesites.
I. ((Rural forest demonstration project - effective period.)) The forest management plan for a rural forest demonstration project shall be developed and a decision on its approval or denial shall be reached no more than thirty days after designation of the site as a rural forest demonstration project. If the forest management plan is not approved thirty days after designation as a rural forest demonstration project, the executive shall propose restoring the site to its prior land use designations and zoning classifications as part of the 1999 amendments to the King County Comprehensive Plan. Regulatory modification or waiver applications authorized by ((this o))Ordinance 13275 shall not be accepted by the department of development and environmental services after March 1, 1999. Modifications or waivers to the King County Code contained within an approved development proposal shall be valid as long as the underlying permit. The rural forest demonstration project shall continue for a period of five years from the final approval of the subdivision application, with reporting periods specific to measuring the goals of the forest management plan.
J. ((Rural forest demonstration project - reports.)) The director of the department of natural resources and parks shall submit a report on the rural forest demonstration project to the council following approval of the forest management plan evaluating the process used to prepare the forest management plan, an inventory of other properties ((which)) that have similar characteristics to the demonstration project site, the applicability and potential effects of allowing these other properties to develop under the same requirements as the demonstration project and recommending any changes that should be made to county policy or regulations to maintain long-term forestry in areas no longer managed for large-scale commercial forestry. In addition, a report shall be prepared annually by qualified staff retained by the Stewardship Committee of the Uplands Snoqualmie Valley Homeowners Association or subsequent management entity of the forest management plan and submitted to the Rural Forest Commission. The annual reporting shall commence six months following final approval of the subdivision. The first two annual reports shall describe the annual work program and budget for implementation of the forest management plan, progress made in implementing the work program, and success in marketing the homesites. Annual reports for the subsequent three years shall document the annual budget and continued progress in implementing the forest management plan, the level of involvement by homeowners in forest management and any problems in implementation generated by homeowners. The Rural Forest Commission shall review the annual reports and shall inform the director of the department of natural resources and parks if it has found that necessary implementation measures of the forest management plan have not been followed. If so, and if the director of the department of natural resources and parks determines it is necessary, the director shall request the Stewardship Committee of the Uplands Snoqualmie Valley Homeowners Association to take corrective action. If satisfactory action is not taken, the director may invoke the enforcement mechanism of the conservation easement. The annual reports will also provide information for further consideration of changes to county policies or regulations for maintenance of long-term forestry.
SECTION 32. In accordance with K.C.C. 20.44.080, the metropolitan King County council finds that the requirements for environmental analysis, protections and mitigation measures in the sections 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.
SECTION 33. Severability. 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 shall not be affected.
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