The purposes of this chapter are to:
A. 
Establish the legal status of a nonconformance by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated;
B. 
Establish the rules for an existing legal use by creating provisions through which an existing legal use may be maintained, altered, reconstructed, expanded or terminated; and
C. 
Provide for the temporary establishment of uses that are not otherwise permitted in a zone or that do not meet all development standards of a zone and to regulate such uses by their scope and period of use.
(Ord. 11-0329 § 3 (Exh. 1))
A. 
All nonconformances shall be subject to the provisions of this chapter, except for nonconforming billboards, which shall be subject to KMC § 18.42.150.
B. 
The provisions of this chapter do not supersede or relieve a property owner from compliance with:
1. 
The requirements of the International Building and Fire Codes; or
2. 
The provisions of this code beyond the specific nonconformance addressed by this chapter.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 17-0445B § 3)
A nonconforming use which has been discontinued, or a nonconforming structure or site improvement which has been damaged or destroyed, may be re-established or reconstructed if:
A. 
The nonconforming use, structure, or site improvement which previously existed is not expanded;
B. 
A new nonconformance is not created;
C. 
The use has not been discontinued for more than 12 months prior to its re-establishment, or the nonconforming structure or site improvement is reconstructed pursuant to a complete permit application submitted to the department within 12 months of the occurrence of damage or destruction and the construction is diligently pursued according to issued permits; and
D. 
Requests for extension of the period identified in subsection C of this section to continue the use or submit construction applications may be made to the city manager in writing prior to the expiration of 12-month period, and shall be treated as a Type 2 permit review. The city manager shall determine whether to grant the extension for use continuance or reconstruction on (1) the basis of a good faith effort by the applicant either to lease property or to make a complete application or pursue the fulfillment of approved development permits with diligence, and (2) extenuating circumstances beyond the control of the applicant have caused a delay towards continuing the use or towards preparation of a complete application or diligent pursuit of construction. Examples of situations that would not qualify as extenuating circumstances include a change in economic market conditions for a use or delays in financing.
(Ord. 11-0329 § 3 (Exh. 1))
A nonconforming use, structure, or site improvement may be expanded, provided the expansion does not extend beyond the original parcels at the time the use or structure or site improvements became nonconforming, only as follows:
A. 
The department may review and approve an expansion of a nonconformance; provided, that:
1. 
The expansion shall conform 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 (for a floor area ratio or building size nonconformance);
b. 
Impervious surface;
c. 
Parking; or
d. 
Building height.
2. 
Unless provisions specifically indicate conditions under which full compliance with standards is required, when expansions are proposed pursuant to subsection A, B or C of this section, the percentage (by value) of the required code compliance standards to be installed shall be established by dividing the value of the proposed improvement by the assessed value of the existing lot and structure improvements up to 100 percent; the city manager shall have the authority to specify the location and phasing sequence of the required improvements which fall under this section. The percentage (by value) of the required design or development standards to be installed shall be related to the building or site improvement proposed by the applicant. For example, if parking expansions are proposed, parking lot landscaping requirements may be applied.
3. 
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) of this section.
4. 
Where an accessory drive-through service use is determined to be nonconforming, but expansion of the principal allowed use is authorized, the nonconforming accessory drive-through service activity may be retained along with the expanded principal allowed use, provided the accessory drive-through service meets required design standards and is not increased in size or scope.
B. 
A special use permit shall be required for expansions of a nonconformance within a development authorized by an existing special 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 not consistent with the provisions of subsections A and B of this section.
D. 
No expansion shall be approved that would conflict with City comprehensive plan policies.
(Ord. 11-0329 § 3 (Exh. 1))
Modifications or expansions approved by the department shall be based on written findings that the proposed modification or expansion of a nonconformance located within a development governed by an existing conditional use permit or special use permit shall provide the same level of protection for and compatibility with adjacent land uses as the original land use permit approval.
(Ord. 11-0329 § 3 (Exh. 1))
If an existing legal use has not been discontinued for more than 12 months prior to its re-establishment, or the nonconforming structure or site improvement is reconstructed pursuant to a complete permit application submitted to the department within 12 months of the occurrence of damage or destruction and the construction is diligently pursued according to issued permits, such existing legal use may be retained.
(Ord. 11-0329 § 3 (Exh. 1))
Uses listed as permitted “existing legal” uses in a zone may be rebuilt or re-established should they suffer damage. These uses may be remodeled or enlarged subject to current development code requirements (e.g., height limits, lot coverage, density limits, setbacks, parking, etc.). Expansion may occur on original parcels containing the use as of the effective date of “existing legal” status. Expansion of existing legal uses may be permitted to adjacent parcels if the adjacent parcels were and are still owned or leased by the same business or residential use owner at the time the use became existing legal.
(Ord. 11-0329 § 3 (Exh. 1))
Any residence nonconforming relative to use may be expanded, after review and approval, subject to all other applicable codes besides those set forth in this chapter for nonconformances.
(Ord. 11-0329 § 3 (Exh. 1))
A temporary use permit is a mechanism by which the City may permit a use to locate within the City on an interim basis, without requiring full compliance with the development standards, or by which the City may permit seasonal or transient uses not otherwise permitted.
Except as provided by KMC § 18.100.110, a temporary use permit shall be required for:
A. 
Uses not otherwise permitted in the zone that can be made compatible for periods of limited duration and/or frequency;
B. 
Uses permitted in a zone which do not meet all of the required development standards but that can be made compatible for periods of limited duration and/or frequency; or
C. 
Limited expansion of any use that is otherwise allowed in the zone but which exceeds the intended scope of the original land use approval.
(Ord. 11-0329 § 3 (Exh. 1))
A. 
Any use not exceeding a cumulative total of two days each calendar year shall be exempt from requirements for a temporary use permit.
B. 
The following uses shall be exempt from requirements for a temporary use permit when located in the RB, WC, UC, CB, DC, PSP, P, or NB zone for the time period specified below:
1. 
Uses not to exceed a total of 30 days each calendar year:
a. 
Christmas tree lots; and
b. 
Produce stands.
2. 
Uses not to exceed a total of 14 days each calendar year:
a. 
Amusement rides, carnivals, or circuses;
b. 
Community festivals; and
c. 
Parking lot sales.
C. 
Any community event held in a park and not exceeding a period of seven days shall be exempt from requirements for a temporary use permit.
D. 
Temporary uses or activities, conducted during an emergency event, or training exercises conducted at emergency sites, designated pursuant to an emergency management plan, shall not be subject to the provisions of this title.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 14-0391 § 2 (Exh. 1))
Temporary use permits shall be limited in duration and frequency as follows:
A. 
The temporary use permit shall be effective for up to 365 days after issuance by the city manager;
B. 
The temporary use shall not exceed a total of 90 days or as otherwise provided in this title; provided, that this requirement applies only to the days that the event(s) authorized by the permit actually takes place. This time limit may be extended by the city council following a public hearing on the proposal;
C. 
The temporary use permit shall specify a date upon which the use shall be terminated and removed; and
D. 
A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year; provided, that a temporary use permit may be granted for multiple events during the approval period.
(Ord. 11-0329 § 3 (Exh. 1))
A temporary use permit shall be granted by the City only if the applicant demonstrates that:
A. 
The proposed temporary use will not be materially detrimental to the public welfare;
B. 
The proposed temporary use is compatible with existing land uses in the immediate vicinity in terms of noise and hours of operation; and
C. 
Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner.
(Ord. 11-0329 § 3 (Exh. 1))
Temporary structures for storage of tools and equipment, or for supervisory offices, may be permitted for construction projects; provided, that such structures are:
A. 
Allowed only during periods of active construction; and
B. 
Removed within 30 days of project completion or cessation of work.
(Ord. 11-0329 § 3 (Exh. 1))
A. 
A mobile home, motor home, travel trailer, or truck camper may be permitted on a lot as a temporary dwelling for the property owner, provided a building permit for a permanent dwelling on the site has been obtained and adequate provisions are made for utility services, including potable water and waste water disposal.
B. 
The temporary construction residence permit shall be effective as long as the building permit for the permanent dwelling on the site is active.
C. 
The temporary construction residence shall be removed within 90 days of:
1. 
The expiration of the building permit for the permanent dwelling on the site; or
2. 
The issuance of a certificate of occupancy for the permanent residence, whichever occurs first.
(Ord. 11-0329 § 3 (Exh. 1))
A. 
A mobile home may be permitted as a temporary dwelling on the same lot as a permanent dwelling, provided:
1. 
The mobile home together with the permanent residence shall meet the setback, height, building footprint, and lot coverage provisions of the applicable zone; and
2. 
The applicant submits with the permit application a notarized affidavit that contains the following:
a. 
Certification that the temporary dwelling is necessary to provide daily care, as defined in Chapter 18.20 KMC;
b. 
Certification that the primary provider of such daily care will reside on-site;
c. 
Certification that the applicant understands the temporary nature of the permit, subject to the limitations outlined in subsections B and C of this section;
d. 
Certification that the physician’s signature is both current and valid; and
e. 
Certification signed by a physician that a resident of the subject property requires daily care, as defined in Chapter 18.20 KMC.
B. 
Temporary mobile home permits for medical hardships shall be effective for 12 months. Extensions of the temporary mobile home permit may be approved in 12-month increments subject to demonstration of continuing medical hardship in accordance with the procedures and standards set forth in subsection A of this section.
C. 
The mobile home shall be removed within 90 days of:
1. 
The expiration of the temporary mobile home permit; or
2. 
The cessation of provision of daily care.
(Ord. 11-0329 § 3 (Exh. 1))
One temporary real estate office may be located on any new residential development; provided, that activities are limited to the initial sale or rental of property or units within the development. The office use shall be discontinued within one year of recording of a short subdivision of four lots or less or issuance of a final certificate of occupancy for an apartment development, and within two years of the recording of a formal subdivision or short subdivision of more than four lots.
(Ord. 11-0329 § 3 (Exh. 1))
Temporary school structures may be permitted during construction of new school facilities or during remodeling of existing facilities; provided, that such structures:
A. 
Are allowed only during periods of active construction or remodeling;
B. 
Do not expand the student capacity beyond the capacity under construction or remodeling; and
C. 
Are removed within 30 days of project completion or cessation of work.
(Ord. 11-0329 § 3 (Exh. 1))
A. 
This section regulates indoor and outdoor temporary homeless shelters, which include temporary homeless encampments (“tent cities”) and temporary homeless indoor shelters, but exclude cold-weather low-barrier shelters, which are regulated by KMC § 18.100.210.
B. 
In recognition of the need for temporary housing for homeless persons, the purpose of this section is to allow sponsoring religious, nonprofit, and governmental organizations (hereafter, “sponsoring organizations”) to use property owned or controlled by them for indoor and outdoor temporary homeless shelters (hereafter, “temporary homeless shelters” or “shelters”), while preventing harmful effects associated with such uses, including but not limited to the possibility of impediments to emergency services, the possibility of environmental degradation, the use of improper sanitary facilities, and the possibility of any other factors that would be considered a nuisance under applicable laws. An outdoor temporary homeless shelter shall include all land and buildings that are used for the shelter, and an indoor temporary homeless shelter shall include all buildings and outdoor areas that are used for the shelter (hereafter, “shelter site”).
C. 
Temporary homeless shelters may be permitted in accordance with the following procedures, requirements and standards, which shall apply instead of KMC § 18.100.120 through 18.100.140:
1. 
The city manager is authorized to issue temporary use permits for shelters only upon demonstration by the sponsoring organization that all public health and safety requirements of this section have been satisfied or adequately addressed. The city manager may administratively adjust such requirements upon entry of findings and conclusions to support the adjustment. The city manager may terminate a permit upon a determination that the shelter is unfit for human habitation due to safety concerns, bad sanitary conditions or health related concerns, or disorderly or disorganized activities that adversely impact the safety, health, and welfare of the neighborhood adjacent to the shelter site.
2. 
An application for a temporary homeless shelter shall include the following:
a. 
The dates of the start and termination of the shelter;
b. 
The maximum number of residents proposed;
c. 
The location, including parcel number(s) and address(es);
d. 
The name(s) of the sponsoring organization(s);
e. 
A proposed plan regarding self-management;
f. 
A site plan, which shall:
(1) 
Show components of the shelter, including but not limited to: dwelling, eating, living, potable water, sanitary, solid waste, and administrative facilities and areas; entry and exit points; pathways; parking areas; and access routes for emergency services; and
(2) 
Demonstrate compliance with all safety and health requirements of this section, as applicable;
g. 
A transportation plan, which shall detail the plan for the pick-up and delivery of residents, if any, and include the walking routes from nearby transit stops to the shelter, and provisions for public transit tickets for residents, if any; and
h. 
A code of conduct, which shall at a minimum:
(1) 
Require residents to agree to the code prior to being permitted to dwell on site; and
(2) 
Prohibit drugs, alcohol, weapons, and open flames; prohibit violent behavior and loitering in the area surrounding the site; and establish and require observance to quiet hours.
3. 
A temporary homeless shelter must meet or the sponsoring organization must implement all of the following health and safety standards:
a. 
Have a maximum of 50 residents, which the city manager may reduce due to property and shelter conditions or considerations.
b. 
For outdoor shelters, have a total site area of at least 150 square feet per resident.
c. 
Have a maximum duration of 125 consecutive days.
d. 
At approximately the 60-day mark, file a report with the city manager that contains topics, data and information required by the city manager, and thereafter summarize the report at a city council meeting.
e. 
Enclose outdoor shelters on all sides with a minimum six-foot-tall, sight-obscuring fence; provided, that if the shelter cannot be viewed by a person standing on the ground of or looking out of the window of a building on an abutting property, the fence does not need to be constructed along such abutting property.
f. 
Use existing permanent structures and not construct new permanent structures.
g. 
At all times, have a point of contact who can be reached by phone.
h. 
Prohibit overnight stays by children under the age of 18, unless accompanied by a parent or guardian.
i. 
Before admitting a potential resident, contact the King County sheriff’s communications center, or other agency or office approved by the City, to determine whether the potential resident is registered as a sex offender or has an active warrant. If the potential resident is a registered sex offender or has an active warrant, prohibit admission to the shelter.
j. 
Provide adequate sanitary facilities and satisfy all applicable public health requirements.
k. 
Allow inspections by City and King County health, fire, and police departments at any reasonable time and without notice.
l. 
Provide a minimum of two off-street parking spaces per 25 residents, except for an indoor shelter with a fluctuating number of residents, which shall require a minimum of four off-street parking spaces. Not displace any required parking for the principal/existing use on the property as a result of the shelter.
m. 
Restrict smoking to a designated smoking area, which must be a minimum of 25 feet from adjacent properties.
n. 
Observe quiet hours in accordance with KMC § 8.05.025.
4. 
The sponsoring organization applicant shall accomplish the following:
a. 
A minimum of 30 days before submittal of the application, mail a notice by first class mail to owners, residents, and tenants of all property within 1,000 feet of the shelter site. The notice at a minimum shall inform these persons of the proposed duration and operation of the shelter, the applicable standards and requirements of this section, the provisions of the proposed code of conduct, and the mechanisms for obtaining information regarding shelters in general and the proposed shelter in particular. At least two business days before mailing the notice, the sponsoring organization shall submit a copy of the draft notice to the city manager.
b. 
Hold an informational meeting before the city manager’s decision on the application. A minimum of 14 calendar days before the city manager’s decision on the application, the City of Kenmore shall mail notice by first class mail to owners, residents, and tenants of all property within 1,000 feet of the subject property, advising them of the date, time, and location of a public informational meeting hosted by the sponsoring organization. At the meeting, the sponsoring organization shall inform the attendees of the proposed duration and operation of the shelter, conditions that will likely be placed on the operation of the shelter, and provisions of the code of conduct, and shall answer questions regarding the proposed shelter.
5. 
A minimum of 14 calendar days before the city manager’s decision on the application, the City shall update the City’s website with the date of the application, shelter location, and proposed duration and operation of the shelter.
D. 
The following conditions shall apply to all temporary homeless shelters:
1. 
Only one indoor or outdoor temporary shelter shall operate in the City per calendar year.
a. 
The City will accept notices of intent to file an application for a temporary shelter during the month of October.
b. 
The notice of intent must be for operation of a temporary shelter in the subsequent calendar year only.
c. 
If more than one letter of intent is filed during the month of October, the city council must rank all potential applicants during the first two weeks of November, after determining a ranking procedure and considering a report from the city manager.
d. 
The potential applicant with the highest ranking must file a complete application and pay all applicable fees on or before December 30th.
e. 
If the potential applicant with the highest ranking fails to file a complete application and pay all applicable fees by the deadline or withdraws a complete application, or if the City denies the application, the City shall accept and process applications from other potential applications, in the order of ranking by the city council.
2. 
There can be one temporary homeless shelter under this section and one cold-weather low-barrier shelter under KMC § 18.100.210 in the same calendar year.
3. 
Shelters are prohibited in critical areas and their buffers.
(Ord. 18-0466 (Exh. A); Ord. 23-0580 § 5 (Exh. A))
A. 
This section regulates cold-weather low-barrier shelters. Cold-weather low-barrier shelters are indoor emergency shelters for the homeless that operate for 31 consecutive days or less between October and April and restrict operation to nighttime hours.
B. 
In recognition of the need for shelter from the cold for homeless persons, the purpose of this section is to allow sponsoring religious, nonprofit, and governmental organizations (hereafter, “sponsoring organizations”) to use property owned or controlled by them for cold-weather low-barrier shelters (hereafter, “cold-weather shelters” or “shelters”), while preventing harmful effects associated with such uses, including but not limited to the possibility of impediments to emergency services, the possibility of environmental degradation, the use of improper sanitary facilities, and the possibility of any other factors that would be considered a nuisance under applicable laws. A cold-weather shelter shall include all buildings and outdoor areas that are used for the shelter (hereafter, “shelter site”).
C. 
Cold-weather shelters may be permitted in accordance with the following procedures, requirements and standards, which shall apply instead of KMC § 18.100.120 through 18.100.140 and 18.100.200:
1. 
The city manager is authorized to issue temporary use permits for shelters only upon demonstration by the sponsoring organization that all public health and safety requirements of this section have been satisfied or adequately addressed. The city manager may administratively adjust such requirements upon entry of findings and conclusions to support the adjustment. The city manager may terminate a permit upon a determination that the shelter is unfit for human habitation due to safety concerns, bad sanitary conditions or health related concerns, or disorderly or disorganized activities that adversely impact the safety, health, and welfare of the neighborhood adjacent to the shelter site.
2. 
An application for a cold-weather shelter shall include the following:
a. 
The dates of the start and termination of the shelter;
b. 
The maximum number of residents proposed;
c. 
The address of the proposed shelter site;
d. 
The name(s) of the sponsoring organization(s);
e. 
A proposed plan regarding self-management;
f. 
A site plan, which shall:
(1) 
Show components of the shelter, including but not limited to: dwelling, eating, living, potable water, sanitary, solid waste, and administrative facilities and areas; entry and exit points; pathways; parking areas; and access routes for emergency services; and
(2) 
Demonstrate compliance with all safety and health requirements of this section, as applicable;
g. 
A transportation plan, which shall detail the plan for the pick-up and delivery of residents, if any, and include the walking routes from nearby transit stops to the shelter, and provisions for public transit tickets for residents, if any; and
h. 
A code of conduct, which shall at a minimum:
(1) 
Require residents to agree to the code prior to being permitted to dwell on site; and
(2) 
Prohibit drugs, alcohol, and weapons; prohibit violent behavior and loitering in the area surrounding the shelter site; and establish and require observance to quiet hours.
3. 
A cold-weather shelter must meet or the sponsoring organization must implement all of the following health and safety standards:
a. 
Have a maximum of 40 residents, which the city manager may reduce due to property and shelter conditions or considerations.
b. 
Limit operating hours to between 7:00 p.m. and 7:00 a.m.
c. 
Restrict smoking to a designated smoking area, which must be located outside of the building and a minimum of 25 feet from adjacent properties.
d. 
Prohibit reentry to residents after 10:00 p.m., including a return from the outside designated smoking area.
e. 
Limit duration of operation to 31 consecutive days or less between October and April.
f. 
Use existing permanent structures and not construct new permanent structures.
g. 
For up to 30 residents, have a minimum of two staff members who have been trained in de-escalation tactics present in the shelter during all operating hours. For more than 30 residents, have a minimum of three staff members who have been trained in de-escalation tactics present in the shelter during all operating hours.
h. 
At all times, have a point of contact who can be reached by phone.
i. 
Prohibit children under the age of 18 from the shelter.
j. 
Before admitting a potential resident, contact the King County sheriff’s communications center, or other agency or office approved by the City, to determine whether the potential resident is registered as a sex offender or has an active felony warrant. If the potential resident is a registered sex offender or has an active warrant for a felony, prohibit admission to the shelter.
k. 
Provide adequate sanitary facilities and satisfy all applicable public health requirements.
l. 
Allow inspections by City and King County health, fire, and police departments at any reasonable time and without notice.
m. 
Observe quiet hours in accordance with KMC § 8.05.025.
4. 
The sponsoring organization applicant shall accomplish the following:
a. 
A minimum of 30 days before submittal of the application, mail a notice by first class mail to owners, residents, and tenants of all property within 1,000 feet of the shelter site. The notice at a minimum shall inform these persons of the proposed duration and operation of the shelter, the applicable standards and requirements of this section, the provisions of the proposed code of conduct, and mechanisms for obtaining information regarding shelters in general and the proposed shelter in particular. At least two business days before mailing the notice, the sponsoring organization shall submit a copy of the draft notice to the city manager.
b. 
Hold an informational meeting before the city manager’s decision on the application. A minimum of 14 calendar days before the city manager’s decision on the application, the sponsoring organization shall mail notice by first class mail to owners, residents, and tenants of all property within 1,000 feet of the subject property, advising them of the date, time and location of a public informational meeting regarding the application. At least two business days before mailing the notice, the sponsoring organization shall submit a copy of the draft notice to the city manager. At the meeting, the sponsoring organization shall inform the attendees of the proposed duration and operation of the shelter, conditions that will likely be placed on the operation of the shelter, and provisions of the code of conduct, and shall answer questions regarding the proposed shelter.
5. 
A minimum of 14 calendar days before the city manager’s decision on the application, the City shall update the City’s website with the date of the application, shelter location, and proposed duration and operation of the shelter.
D. 
The following conditions shall apply to all cold-weather shelters:
1. 
Only one cold-weather shelter shall operate in the City per calendar year.
a. 
The City will accept notices of intent to file an application for a shelter during the month of June.
b. 
The notice of intent must be for operation of a shelter in the subsequent cold-weather period (October to April only).
c. 
If more than one letter of intent is filed during the month of June, the city council must rank all potential applicants during the third or fourth week of July, after determining a ranking procedure and considering a report from the city manager.
d. 
The potential applicant with the highest ranking must file a complete application and pay all applicable fees on or before August 31st.
e. 
If the potential applicant with the highest ranking fails to file a complete application and pay all applicable fees by the deadline or withdraws a complete application, or the City denies the application, the City shall accept and process applications from other potential applicants, in the order of ranking by the city council.
2. 
There can be one cold-weather shelter under this section and one temporary homeless shelter under KMC § 18.100.200 in the same calendar year.
3. 
Shelters are prohibited in critical areas and their buffers.
4. 
The City shall not accept, process or approve any application for operation of a cold-weather shelter during the year of 2018.
(Ord. 18-0466 (Exh. A))