(a) Potential Concerns.
(1) Trash.
(b) Conditions.
(1) The determination of whether a group of individuals meet the definition of a Household Unit must be made by the Community Development Director. This decision may be appealed to the Board of Zoning Appeals in accordance with Section 1111.03
.
(2) Neither a Rooming House nor a Boarding House may have more tenants than legal bedrooms as defined in Section 1415.04
of the City of Kent Property Maintenance, Housing, and Enforcement Code, as amended.
(3) Any group of persons meeting one (1) of the designations of a Household Unit as defined in this Code is permitted to reside in a single-family dwelling.
(4) An individual can be a resident at more than one (1) location.
(5) The legality of the use of a property being used as a Rooming and Boarding House must be established in one (1) of the two (2) following ways:
A. The issuance of a zoning permit by the City of Kent indicating that the property is approved as a rooming and boarding house; or
B. The issuance of a Certificate of Nonconforming Use by the City of Kent in accordance with Section 1110.06
of this Code and any other applicable section of this Code. There mere existence of a use, without proper documentation as described herein, does not establish the legality of the use by itself.
(6) Other than in those cases where the legal, nonconformity is established through Section 1110.06
of this Code, all new Rooming and Boarding house uses must be located in zoning districts which permit them and which have obtained all necessary approvals through the Planning Commission, Board of Zoning Appeals, and/or other local requirements as applicable. See Chapter 1103 for permitted or conditionally permitted uses in each zoning district.
(7) Lot and dimensional requirements for rooming and boarding houses are stipulated for providing adequate lot size, open area and room for parking. Even though the dimensional requirements stipulated in this section are the minimum necessary for a rooming house, the Planning Commission when reviewing requests for new rooming houses, must determine whether the size of the property is adequate to provide reasonable open area and room for parking. In reviewing such new requests, the Planning Commission may approve the proposed rooming and boarding house as presented, or may modify or reduce the number of persons permitted to reside in the house if the Commission makes a determination that the size of the lot and area allowed for parking is not adequate. Any expansion of existing, legal rooming houses must be reviewed using the same criteria.
A. The minimum lot size for a rooming and boarding house is 10,000 square feet. The Planning Commission may require a larger lot area based on the need to accommodate tenants and parking. The amount of lot area required must not be unreasonable or overly restrictive.
B. The setbacks, lot width, and frontage for a new or expanded rooming and boarding house are the same as those specified in this Code for single-family units in the zoning district in which the property is located. Substandard lot requirements pertaining to setback, lot width, and frontage must not be used to determine compliance with this subsection (Section 1106.06).
C. While there is no specific requirement in regard to the amount or size of open space on a lot housing a new or expanded rooming and boarding house, the applicant for such use must demonstrate to the reasonable satisfaction of the Planning Commission that some open area or recreational space is provided for the residents of the facility that is separate from parking areas. Front yard areas must not be used for the purpose of providing such open space. The Planning Commission may take into account the availability of nearby public parks or public recreation areas as a partial or full substitute for on-site recreational space.
(8) Rooming and boarding house uses must be so designed, maintained and operated as to minimize possible disruptive effects on the character of adjacent and nearby properties.
(9) The City of Kent Health Department requires licensing and regular inspections for rental properties with four (4) or more unrelated tenants. The Community Development Department requires licensing and regular inspections for rental properties with three (3) or fewer unrelated tenants.
(Ord. 2021-057. Passed 6-16-21.)