Chapter 18.25
DOWNTOWN COMMERCIAL ZONE

Sections:

18.25.010    Intent.

18.25.020    Downtown commercial zone – Use allowances.

18.25.030    Accessory uses.

18.25.040    Zoning standards.

18.25.042    Drive-through service.

18.25.044    Outdoor storage.

18.25.045    Wireless communication facilities.

18.25.050    Conflicts.

18.25.010 Intent.

A. The downtown commercial zone features a mix of private and public uses designed to create a small-town feel and pedestrian-friendly environment. Public places, sidewalks, extensive landscaping, transit orientation, shared or structured parking, protection of critical areas, and high quality design and signage are key features. Permitted uses emphasize mixed or multiple use developments, and include high-density housing, civic and governmental offices, small-scale commercial and retail, and locally oriented professional and personal services.

B. Uses not compatible with the downtown commercial zone intent such as those which require vehicle or materials storage, service bays, wide curb cuts, expanses of exterior product display or storage, or produce little customer or visitor activity are not permitted. Some limited existing uses requiring vehicle storage that continue to contribute to the economic vitality of downtown are permitted to continue their business on existing properties, but are encouraged to transition the use of their properties to those more in keeping with subsection A of this section and this intent statement. Park-and-ride/transit centers are promoted along SR-522, particularly in the northwest quadrant of the 68th Avenue NE/SR-522 intersection. [Ord. 11-0329 § 3 (Exh. 1).]

18.25.020 Downtown commercial zone – Use allowances.

The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the downtown commercial zone:

 

Table A. Downtown Commercial Zone Use Allowances

PERMITTED

CONDITIONALLY PERMITTED

PROHIBITED

Adult entertainment business1

Air transportation service

Animal kennel/shelter

Arts, entertainment, indoor

Ambulatory surgery center

Business service, intensive

Arts, entertainment, outdoor2

College/university

Cemetery, columbarium or mausoleum

Auction house, existing3

Community residential facility

Construction and trade

Automotive sales and service, marine, existing legal4

Fire or police facility

Family child-care home

Automotive sales and service, non-marine, existing legal4

Hospital

Funeral home/crematory

Business service, standard

Laboratory

Manufacturing, heavy

Day care

Religious institution

Manufacturing, light

Eating and drinking place

Utility facility16

Marijuana business

Educational service5

 

Marijuana cooperative

Health care and social assistance6,7

 

Mobile home park

Mobile food service8

 

Recreational facility, outdoor

Multiple-family dwelling9

 

Resource land use

Office

 

Retail sales, bulk

Park

 

Secure facility

Personal service

 

Single detached dwelling unit

Recreational facility, indoor

 

Supportive living facility

Regional land use10

 

Transportation

Retail sales11

 

Warehousing

Standalone parking12

 

Wholesale trade

Temporary lodging13

 

 

Vehicle or equipment rental14

 

 

Vehicle refueling station15

 

 

1. It shall be unlawful for any person to establish an adult entertainment business or to relocate an adult entertainment business within 330 feet, measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels containing the uses in this section, without regard to intervening structures or objects, if any:

a. Residentially zoned property;

b. Public or private school for general education of any grade K through 12;

c. School bus stop;

d. Licensed day care or licensed preschool facility;

e. Public park;

f. Publicly dedicated trail; provided, however, that the setback distance shall apply only on the south side of the Burke-Gilman Trail, and that there shall be no setback on the north side of that trail due to the separation provided by SR-522;

g. Sports fields or playgrounds;

h. Recreation or community center;

i. Religious institution;

j. Public library.

It shall be unlawful for any person to establish an adult entertainment business or to relocate an adult entertainment business within 500 feet of another adult entertainment business, measured from the property line of the parcel or parcels containing the adult entertainment business and the proposed adult entertainment business.

2. Outdoor performance center permitted when located west of 68th Avenue NE and associated with a plaza open to the public, and space is made available for general public passive or active use during non-performance hours.

3. Except for animal auction uses which are prohibited. Existing auction houses, excluding vehicle auctions, are permitted on properties currently used for auction house activity as of January 12, 2007. This use may be continued and may be reestablished for purposes of rebuilding upon unintentional destruction of the property. The auction house use may not expand buildings or storage beyond the use’s existing footprint. The auction house may expand accessory on-site parking associated with existing auction house use to adjoining or nearby parcels of land, subject to the City’s approval of a site improvement plan that addresses the following issues:

a. Submittal of a long-term parking management plan that shows how the use’s parking needs are met by on-site parking and/or provisions of a long-term shared parking agreement;

b. Submittal of a traffic management plan that shows how the applicant intends to assure safe passage of pedestrians and vehicles in the vicinity of auction events;

c. Screening of outdoor storage and parking areas consistent with Kenmore downtown design standard parking lot screening requirements, KMC 18.52.180;

d. Provision of sidewalks along property frontages in the public rights-of-way, or other measures deemed by the City to adequately protect pedestrians traveling along property frontages; and

e. Ensures that expanded accessory parking area is not used for storage.

Vehicle auctions in existence as of January 12, 2007, are permitted on site area and within buildings in the downtown commercial zone located east of 68th Avenue NE and north of NE 182nd Street that are being used as a vehicle auction use as of that date. This use may be continued and may be reestablished for purposes of rebuilding upon unintentional destruction of property. With the exception of accessory parking as outlined below, existing vehicle auction uses may not expand beyond their existing building footprint plus abutting easements, loading, or parking areas used for vehicle auction as of January 12, 2007. Renovations or alterations within the existing building footprint are permitted. However, expansion of existing buildings for vehicle auction use is prohibited. Expansion of accessory on-site parking associated with existing vehicle auction use to adjoining or nearby parcels of land is allowed, subject to the City’s approval of a site improvement plan that addresses the following issues:

a. Submittal of a long-term parking management plan that shows how the use’s parking needs are met by on-site parking and/or provisions of a long-term shared parking agreement;

b. Submittal of a traffic management plan that shows how the applicant intends to assure safe passage of pedestrians and vehicles in the vicinity of auction events;

c. Screening of outdoor storage and parking areas consistent with Kenmore downtown design standard parking lot screening requirements, KMC 18.52.180;

d. Provision of sidewalks along property frontages in the public rights-of-way, or other measures deemed by the City to adequately protect pedestrians traveling along property frontages; and

e. Ensures that expanded accessory parking area is not used for storage.

4. In the downtown commercial zone, properties (a) fronting SR-522 or taking primary access from SR-522, and (b) located on a property where the extent of use is no deeper than 260 feet from SR-522, and (c) containing automotive repair or automotive service uses as of April 28, 2003, shall be considered existing legal uses. Otherwise, automotive service uses are prohibited unless accessory to and contained within a structured parking garage.

Automotive sales are prohibited unless accessory to an existing legal automotive repair or service use and consistent with the following: (a) motor vehicles for sale or lease shall not be arranged in a display lot fashion along the primary street frontage, and (b) shall be a subordinate and incidental part of the automotive repair or service use, and (c) shall be subject to Chapter 18.52 KMC, Downtown Design Standards, regarding screening, location and other relevant standards.

5. Arts and crafts schools permitted. All other educational service uses are conditionally permitted.

6. 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.

7. Social services, noncorrectional is a permitted use. Social services, correctional is a conditionally permitted use.

8. 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.

9. When located on property fronting on SR-522, 73rd Avenue NE, NE 181st Street west of 68th Avenue NE, 65th Avenue NE, 67th Avenue NE, or 68th Avenue NE, such uses shall be subject to the following conditions:

a. A minimum of 80 percent of a structure’s street front facade at street level shall be occupied by nonresidential (e.g., retail, office or service) uses. If the nonresidential and residential uses are located in separate structures, the 80 percent requirement shall apply to the lot’s lineal street frontage at street level. Where the lot fronts on two or more streets and abuts a lot which is not zoned commercial, the street front facade requirement shall apply to the structure’s facade along the street with the greatest continuous lineal feet of commercially zoned frontage.

b. The required nonresidential use shall extend at least 30 feet in depth at street level from the street front facade of the structure; provided, that the minimum required depth may be averaged, with no depth less than 15 feet.

c. Where a lot fronts on two or more streets and only abuts lots which are zoned commercial, the street front facade requirement shall be calculated by totaling the combined street front facades of the structure containing the required nonresidential use.

10. Transit center only permitted. All other regional land uses are prohibited. Transit centers shall be located a maximum distance of 1,200 lineal feet measured from the center line of SR-522 to the furthermost point of the transit center.

11. Outdoor retail displays/sidewalk sales also are permitted subject to:

a. The outdoor retail display/sidewalk sale shall be accessory to a permitted permanent commercial use;

b. Fire lanes shall remain fully open and accessible at all times;

c. The location on sidewalk or near storefront is barrier-free;

d. No required parking stall shall be blocked or unusable as a result of the outdoor retail display/sidewalk sale;

e. Safe ingress and egress to the site shall be maintained. Visibility for transportation and pedestrian access shall be maintained;

f. Such display and activity is removed daily at the time of or prior to the close of business hours;

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

12. a. Within the zone north of SR-522 and west of 68th Avenue NE, commuter parking facilities shall be in structured buildings when the number of stalls exceeds 20. Commuter parking lots shall be located a maximum distance of 1,200 lineal feet measured from the center line of SR-522 to the furthermost point of the commuter parking lot.

b. All parking structures shall provide retail usages for at least 50 percent of the ground floor street frontages, consistent with Chapter 18.52 KMC, Downtown Design Standards.

c. All parking structures shall be designed consistent with Chapter 18.52 KMC, Downtown Design Standards; interior design considerations shall include integration of parking with any transit bays, provision of indoor access to shops, and covered walkways to adjacent shopping, civic, residential, or other developments that patrons will access. Crime prevention through environmental design (CPTED) principles shall be integrated, such as, but not limited to, full spectrum lighting and maximization of visibility in publicly used areas.

13. Bed and breakfast guesthouse permitted only if part of a mixed use development.

14. Equipment rental is prohibited. Vehicle rental is permitted only when accessory to and contained within a structured parking garage. Automotive rental and leasing uses may also be permitted when accessory to an existing legal automotive service or existing legal automotive repair use and consistent with the following:

a. Motor vehicles for lease or rental shall not be arranged in a display lot fashion along the primary street frontage; and

b. Shall be a subordinate and incidental part of the automotive repair or automotive service business; and

c. Shall be subject to Chapter 18.52 KMC, Downtown Design Standards, regarding screening, location and other relevant standards. Otherwise prohibited.

15. Existing legal gasoline service stations are permitted. Other gasoline service stations are prohibited.

16. Limited to sewer lift stations and pipes/electrical wires and associated structural supports.

[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).]

18.25.030 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).]

18.25.040 Zoning standards.

The following zone-specific development standards in Table B apply in the downtown commercial zone:

Table B. Downtown Commercial Development Standards 

STANDARD

REQUIREMENT

Base Density: Dwelling Units/Gross Acre

48; applies east of 68th Avenue NE

Maximum Density: Dwelling Units/Gross Acre with Density Bonus Incentives

72; density incentives or bonuses not required west of 68th Avenue NE

Minimum Density: Dwelling Units/Net Acre for Stand-Alone Multifamily Proposals

36

Street Setback

Minimum 10 ft. from SR-522, unless otherwise allowed through Chapter 18.52 KMC, Downtown Design Standards; other streets 0 ft.

Maximum 10 ft. unless otherwise allowed through Chapter 18.52 KMC, Downtown Design Standards

The City may authorize intrusions of structural elements into the public right-of-way, including awnings, columns, bay windows, or others, through the design review, site plan review, building permit review, or right-of-way use permit processes, if such intrusions would not impede safe travel by pedestrians, solar access is not significantly diminished, and City liability is limited

Minimum Interior Setback

0 ft.; except when property adjoins R-1 to R-12 property, then 20 ft.

Base Height

35 ft.

Maximum Height

Applicable to mixed use developments containing residential dwellings at a minimum 50 percent of square footage to a maximum of 75 percent square footage; or to developments achieving density bonus; or to developments providing structured parking

65 ft.

Maximum Impervious Surface: Percentage

90%

Pedestrian Connections

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

[Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]

18.25.042 Drive-through service.

Properties having frontage on SR-522 and taking primary access from SR-522 as of May 8, 2003, shall be permitted drive-through service. Where allowed, drive-through service is permitted as an accessory use. Drive-through service shall be oriented to the side and/or rear of the building, and integrated into the exterior wall. Drive-through lanes shall not be located between the street and the main pedestrian access to the buildings. Modifications to these requirements may be reviewed through the site plan or building permit review process when meeting the intent of pedestrian orientation pursuant to Chapter 18.52 KMC, Downtown Design Standards. [Ord. 17-0438 § 3 (Att. B).]

18.25.044 Outdoor storage.

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

18.25.045 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).]

18.25.050 Conflicts.

In the event of conflict between Chapter 18.52 KMC, Downtown Design Standards, and downtown commercial zone standards, the Kenmore downtown design standards shall prevail. [Ord. 11-0329 § 3 (Exh. 1).]