Chapter 18.23
COMMUNITY BUSINESS ZONE

Sections:

18.23.010    Intent.

18.23.015    Subareas.

18.23.020    Community business zone west subarea – Use allowances.

18.23.025    Community business zone Juanita subarea – Use allowances.

18.23.030    Accessory uses.

18.23.040    Community business zone – Development standards.

18.23.045    Drive-through service.

18.23.048    Outdoor storage.

18.23.050    Wireless communication facilities.

18.23.055    Affordable housing – Juanita subarea.

18.23.010 Intent.

A. The purpose of the community business zone (CB) is to provide pedestrian-friendly, mixed use development that both supports larger mixed use and commercial areas with its residential development, and provides small-scale retail, office and personal services for the local community. The CB zone also provides retail and personal services in locations that are not appropriate for extensive outdoor storage or automotive sales uses. These purposes are accomplished by:

1. Providing for offices as well as a wide range of small-scale retail, educational, and personal service uses;

2. Encouraging mixed use (housing and retail/service/office) developments; and

3. Excluding commercial uses with extensive outdoor storage as well as automotive sales uses.

B. Use of this zone is appropriate in areas that are designated by the comprehensive plan that are served at the time of development by adequate public sewers, water supply, streets and other needed public facilities and services. [Ord. 18-0454 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

18.23.015 Subareas.

The community business zone is divided into two subareas: community business west and community business Juanita as depicted in Figure 18.23.015.1.

[Ord. 18-0454 § 2 (Exh. 1).]

18.23.020 Community business zone west subarea – Use allowances.

The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the community business zone west subarea:

Table A. Community Business Zone West Subarea Use Allowances 

PERMITTED

CONDITIONALLY PERMITTED

PROHIBITED

Arts, entertainment, indoor1

Ambulatory surgery center

Adult entertainment business

Business service, standard

College/university

Air transportation service

Day care

Community residential facility

Animal kennel/shelter

Eating and drinking place2

Fire or police facility

Arts, entertainment, outdoor

Educational service3

Laboratory

Auction house

Family child-care home4

Recreational facility, indoor

Automotive sales and service, marine

Health care and social assistance5

Regional land use

Automotive sales and service, non-marine

Multiple-family dwelling

Religious institution

Business service, intensive

Office

Supportive living facility

Cemetery, columbarium, or mausoleum

Park

 

Construction and trade

Personal service2

 

Funeral home/crematory

Retail sales2,6

 

Hospital

Single detached dwelling unit, existing legal7

 

Manufacturing, heavy

Standalone parking10

 

Manufacturing, light

Temporary lodging8

 

Marijuana business

Utility facility9

 

Marijuana cooperative

 

 

Mobile food service

 

 

Mobile home park

 

 

Recreational facility, outdoor

 

 

Resource land use

 

 

Retail sales, bulk

 

 

Secure facility

 

 

Transportation

 

 

Vehicle or equipment rental

 

 

Vehicle refueling station

 

 

Warehousing

 

 

Wholesale trade

1. Artist studios permitted. All other indoor arts, entertainment uses require a conditional use permit, except theaters which are prohibited.

2. Permitted only as part of a mixed use development and must occupy 50 percent of the ground floor at street frontage. Each use is limited to maximum 5,000 square feet per use and 15,000 square feet total contiguous.

3. Arts and craft schools are a permitted use; all other educational service uses require a conditional use permit.

4. A family child-care home is permitted in an existing legal single detached dwelling unit subject to the requirements established by the Washington State Department of Early Learning (DEL) in WAC Title 170. The family child-care home shall meet the following requirements:

a. The family child-care provider shall be licensed by DEL to operate a family child-care home;

b. A safe passenger loading area shall be provided;

c. The family child-care home shall comply with all applicable building, fire, safety, and health codes enforced by the City;

d. The family child-care home shall comply with all applicable development standards of the City, unless determined to be legally nonconforming;

e. All signage shall conform to the applicable requirements of Chapter 18.42 KMC; and

f. The City has the authority to limit the hours of operation to facilitate neighborhood compatibility.

5. Social assistance uses and veterinary offices/clinics are conditionally permitted.

6. Outdoor retail display/sidewalk sales and auto supply stores are prohibited.

7. Other single detached dwelling units are prohibited.

8. Bed and breakfast guesthouse only. Hotels and motels are prohibited.

9. Private stormwater management facility is a permitted use. Sewer lift stations and pipes/electrical wires and associated structure supports may be conditionally permitted. All other utility facility uses are prohibited.

10. Limited to commuter parking lots for users of transit, carpools or ride-share programs, provided the facilities are located on existing parking lots for religious institutions, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours. All other standalone parking uses require a conditional use permit.

[Ord. 18-0454 § 2 (Exh. 1); Ord. 17-0438 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 5; Ord. 11-0329 § 3 (Exh. 1).]

18.23.025 Community business zone Juanita subarea – Use allowances.

The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the community business zone Juanita subarea:

Table A. Community Business Zone Juanita Subarea Use Allowances 

PERMITTED

CONDITIONALLY PERMITTED

PROHIBITED

Arts, entertainment, indoor1

Ambulatory surgery center

Adult entertainment business

Business service, standard

Automotive sales and service, marine7

Air transportation service

Day care

Automotive sales and service, non-marine7

Animal kennel/shelter

Eating and drinking place2

Community residential facility

Arts, entertainment, outdoor

Educational service2

Fire or police facility

Auction house

Health care and social assistance3

Laboratory

Business service, intensive

Mobile food service4

Manufacturing, light

Cemetery, columbarium, or mausoleum

Multiple-family dwelling5

Recreational facility, indoor

College/university

Office

Religious institution

Construction and trade

Park

Supportive living facility

Family child-care home

Personal service2

Vehicle refueling station

Funeral home/crematory

Retail sales2

 

Hospital

Standalone parking8

 

Manufacturing, heavy

Temporary lodging6

 

Marijuana business

 

 

Marijuana cooperative

 

 

Mobile home park

 

 

Recreational facility, outdoor

 

 

Regional land use

 

 

Resource land use

 

 

Retail sales, bulk

 

 

Secure facility

 

 

Single detached dwelling unit

 

 

Transportation

 

 

Utility facility

 

 

Vehicle or equipment rental

 

 

Warehousing

 

 

Wholesale trade

1. Artist studios are permitted. All other indoor arts, entertainment uses require a conditional use permit.

2. Each use is limited to maximum 5,000 square feet per use and 15,000 square feet total contiguous.

3. Veterinary clinics subject to the following:

a. No outdoor kennels or facilities;

b. No burning of refuse or dead animals is allowed;

c. 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 solid wall and surfaced with concrete or other impervious material; and

d. The provisions of Chapter 18.70 KMC relative to animal keeping are met.

4. Mobile food service is permitted subject to the following requirements:

a. No permanent fencing, walls, or other structures shall be installed which hinder removal of the structure from the site;

b. No required parking stall shall be blocked or rendered unusable as a result of the mobile vendor;

c. Safe ingress and egress shall be maintained. Visibility for transportation and pedestrian access shall be maintained;

d. The limited duration of the mobile vendor shall be established as a condition of approval of any applicable permits;

e. A sign permit is required for exterior signage in accordance with the sign code, Chapter 18.42 KMC;

f. If a stand:

(1) The stand shall be located on a sidewalk or near a storefront consistent with barrier-free regulations;

(2) The stand location on the sidewalk or near a storefront shall provide for at least four feet of unobstructed sidewalk between the stand and the sidewalk edge for pedestrian movement.

5. Only as part of a mixed use development subject to the conditions of Chapter 18.50 KMC.

6. Bed and breakfast guesthouse only. Hotels and motels are prohibited.

7. Automotive sales are prohibited. Repair or service shall only be performed in an enclosed building, with no outdoor storage of materials. Top, body, and upholstery repair shops, paint shops, and tire retreading are prohibited, as is heavy equipment and truck repair.

8. Limited to commuter parking lots for users of transit, carpools or ride-share programs, provided the facilities are located on existing parking lots for religious institutions, schools, or other permitted nonresidential uses which have excess capacity available during commuting hours. All other standalone parking uses require a conditional use permit.

[Ord. 18-0454 § 2 (Exh. 1).]

18.23.030 Accessory uses.

Accessory uses, when consistent with the definition in Chapter 18.20 KMC, are allowed as determined by the city manager. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

18.23.040 Community business zone – Development standards.

The following zone-specific development standards in Table B apply in the community business zone:

Table B. Community Business Zone Development Standards 

STANDARD

REQUIREMENT

Base Density: Dwelling Units/Gross Acre

24

Minimum Density: Dwelling Units/Gross Acre

18

Maximum Density: Dwelling Units/Gross Acre:

West Subarea

36 for mixed use development.

Juanita Subarea

36 if affordable housing or a fee-in-lieu is provided as described in KMC 18.23.055.

Minimum Street Setback1

10 feet; or

0 feet for a mixed use building with commercial on the ground floor or for any building with structured parking.

Minimum Interior Setback1:

West Subarea

0 feet for commercial or mixed use development except for interior lot lines adjoining property zoned R-1 to R-6.

5 feet landscaped setback for residential except for interior lot lines adjoining property zoned R-1 to R-6. Native vegetation is encouraged.

For all interior lot lines adjoining a property zoned R-1 to R-6 a 15-foot landscaped setback of native vegetation is required.

Juanita Subarea

20 feet2

Base Height:

West Subarea3

35 feet

Juanita Subarea

35 feet

45 feet4

Maximum Impervious Surface: Percentage

90%

Pedestrian Connections

Pedestrian connections are required to be provided in accordance with Chapter 18.52 KMC, Downtown Design Standards.

1 Any portion of development that occurs underground is exempt from property line setback requirements of this section.

2 Required on property lines adjoining residential zones.

3 The exceptions to height limits listed in KMC 18.30.060 do not apply to the base height allowed in CB west. Any development utilizing the exception to height limits for the CB zone between 61st Avenue NE and 65th Avenue NE shall dedicate 25 percent of the average lot width above 35 feet in height as a view corridor to Lake Washington.

Exceptions to height limitations for the base height in CB west shall be:

a. Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operations and maintenance may extend up to 10 feet above the 35-foot base height for a maximum of 25 percent of the average lot width.

b. Fire or parapet walls, skylights, flagpoles, chimneys, smokestacks, church steeples, crosses, spires, utility line towers and poles, and similar structures may extend up to three feet above the maximum base height of 35 feet.

c. Roof details or features that are used to comply with the roof form requirements of KMC 18.52.220 may extend a maximum of 10 feet above the 35-foot base height.

4 This maximum height is allowed only for mixed use developments.

[Ord. 18-0454 § 2 (Exh. 1); Ord. 16-0428 § 13 (Att. I); Ord. 16-0426 § 7 (Att. E); Ord. 11-0329 § 3 (Exh. 1).]

18.23.045 Drive-through service.

Drive-through service is prohibited in this zoning district. [Ord. 17-0438 § 3 (Att. B).]

18.23.048 Outdoor storage.

Outdoor storage is prohibited in this zoning district. [Ord. 17-0438 § 3 (Att. B).]

18.23.050 Wireless communication facilities.

Use allowances and development regulations for wireless communication facilities are located in Chapter 18.60 KMC. [Ord. 16-0426 § 6 (Att. D).]

18.23.055 Affordable housing – Juanita subarea.

A. For properties choosing to develop at higher residential densities in the CB Juanita subarea, affordable housing units shall be provided for any development exceeding the base density of 24 dwelling units per acre as follows:

1. For every four bonus units, one bonus dwelling unit shall be a moderate-income affordable housing unit and three bonus dwelling units may be bonus market rate dwelling units.

2. The applicant may elect to satisfy this affordable housing requirement by making an in-lieu payment instead of constructing affordable dwelling units consistent with the provisions of subsection C of this section.

3. Each low-income affordable housing unit provided counts as two moderate-income affordable housing units for the purpose of satisfying the affordable unit requirement under subsection (A)(1) of this section.

4. Determination of Number of Affordable Housing Units Required – Rounding. See KMC 18.30.020(D) for method of rounding to determine the number of affordable housing units required.

Example: Proposed development would achieve 36 dwelling units on a one-acre site for a density of 36 du/acre. This provides 12 “bonus” dwelling units above the 24 du/acre base density of the zone. Three of the 12 bonus units must be moderate-income affordable housing units. Alternatively, the project could provide two low-income affordable housing units (rounded).

5. Adjacent developments by the same or affiliated developer will be considered as a single development for the purpose of applying the thresholds for compliance.

B. Definitions. For purposes of the CB Juanita subarea, the following affordable housing definitions shall apply:

1. “Affordable housing unit” means housing reserved for occupancy by eligible households and affordable to households whose annual income does not exceed the percentage of median income types described in the subsections below, adjusted for household size, and no more than 30 percent of the monthly household income is paid for monthly housing expenses. (Housing expenses for ownership housing include mortgage and mortgage insurance, property taxes, property insurance, and homeowners’ dues. Housing expenses for rental housing include rent and appropriate utility allowance.)

2. “Bonus units” means dwelling units achieved that exceed the number of units allowed by the base density of the CB Juanita subarea.

3. Moderate-Income Affordable Housing. For rental housing, “moderate-income affordable housing” is defined as affordable at 70 percent of median income, adjusted for household size. For ownership housing, “moderate-income affordable housing” is defined as affordable at 80 percent of median income, adjusted for household size.

4. Low-Income Affordable Housing. For rental housing, “low-income affordable housing” is defined as affordable at 50 percent of median income, adjusted for household size. For ownership housing, “low-income affordable housing” is defined as affordable at 65 percent of median income, adjusted for household size.

5. “Median income” means the median income for the Seattle MSA as most recently determined by the Secretary of Housing and Urban Development under Section 8(f)(3) of the United States Housing Act of 1937, as amended, or if programs under said Section 8(f)(3) are terminated, median income is determined under the method used by the Secretary prior to such termination. In the event that HUD no longer publishes median income figures for the Seattle MSA or King County, the City may use any other method for determining the King County median income, adjusted for household size.

Pursuant to the authority of RCW 36.70A.540, the City finds that the higher income levels specified in the definition of “affordable housing” under this subsection, rather than those stated in the definition of “low-income households” in RCW 36.70A.540, are needed to address local housing market conditions in the City.

C. Alternative Compliance. Cash payments in lieu of providing actual housing units may be proposed and, if approved by the City, will be used only for the subsequent provision of affordable housing units by the City or other housing provider approved by the city manager. Payments in lieu shall be based on the difference between the cost of construction for a prototype affordable housing unit on the subject property, including land costs and development fees, and the revenue generated by an affordable housing unit. The payment obligation will be established at the time of issuance of building permits for the project.

D. Affordability Agreement. Prior to issuing any building permit, an agreement in a form approved by the city manager that addresses price restrictions, homebuyer or tenant qualifications, phasing of construction, monitoring of affordability, duration of affordability, and any other applicable topics of the affordable housing units shall be recorded with King County Department of Records and Elections. This agreement shall be a covenant running with the land and shall be binding on the assigns, heirs and successors of the applicant. The City may agree, at its sole discretion, to subordinate any affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for development of the property.

E. Implementation Provisions. The following requirements shall be met for all affordable units:

1. Duration. Housing shall serve only income-eligible households for a minimum period of 50 years from the latter of the date when the affordability agreement between the housing owner and the City, as referenced in subsection D of this section, is recorded, or the date when the affordable housing becomes available for occupancy as determined by the City.

2. Designation of Affordable Housing Units. Prior to the issuance of any permit(s), the City shall review and approve the location and unit mix of the affordable housing units consistent with the following standards:

a. Location. The location of the affordable housing units shall be approved by the City, with the intent that they generally be intermingled with all other dwelling units in the development.

b. Tenure. The tenure of the affordable housing units (ownership or rental) shall be the same as the tenure for the rest of the housing units in the development.

c. Size (Bedroom). The affordable housing units shall consist of a range of number of bedrooms that are comparable to units in the overall development.

d. Size (Square Footage). The size of the affordable housing units, if smaller than the other units with the same number of bedrooms in the development, shall be approved by the city manager. If there is a proposal that the affordable units be smaller than the market rate units, in no case shall the affordable housing units be less than 500 square feet for a studio unit, 600 square feet for a one-bedroom unit, 800 square feet for a two-bedroom unit, or 1,000 square feet for a three-bedroom unit.

e. Design. The exterior design of the affordable housing units shall be compatible and comparable with the rest of the dwelling units in the development and shall comply with any applicable design standards. The interior finish and quality of construction of the affordable housing units shall at a minimum be comparable to entry-level rental or ownership housing in the City.

3. Timing/Phasing. The affordable housing units shall be available for occupancy in a time frame comparable to the availability of the rest of the dwelling units in the development.

F. Monitoring and Fees. The City reserves the right to establish, in the affordability agreement referred to in subsection D of this section, monitoring fees for the affordable housing unit, which can be adjusted over time to account for inflation. The purpose of any monitoring fee is for the review and processing of documents to maintain compliance with income and affordability restrictions of the affordability agreement. [Ord. 18-0454 § 2 (Exh. 1).]