Chapter 18.26
REGIONAL BUSINESS ZONE

Sections:

18.26.010    Intent.

18.26.020    Subareas.

18.26.030    Use allowances – Regional business north subarea.

18.26.040    Use allowances – Regional business east subarea.

18.26.050    Use allowances – Regional business west subarea.

18.26.060    Accessory uses.

18.26.070    Zoning standards.

18.26.080    Additional development standards.

18.26.085    Wireless communication facilities.

18.26.090    Conflict with design standards.

18.26.010 Intent.

The regional business zone is intended to provide the broadest mix of retail, office, wholesale, and service uses, with compatible storage and light manufacturing uses, serving regional market areas and offering significant employment opportunities. These purposes are accomplished by supporting existing businesses while encouraging compact and mixed use development that is supportive of transit and pedestrian travel for the future. In the east and west subareas, public access to the waterfront is particularly desirable. [Ord. 14-0391 § 2 (Exh. 1).]

18.26.020 Subareas.

The regional business zone is divided into three subareas: regional business north, regional business east, and regional business west as depicted in Figure 18.26.020.1.

[Ord. 14-0391 § 2 (Exh. 1).]

18.26.030 Use allowances – Regional business north subarea.

The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the regional business north subarea:

Table A. Regional Business North Subarea Use Allowances 

PERMITTED

CONDITIONALLY PERMITTED

PROHIBITED

Adult entertainment business1

Ambulatory surgery center

Animal kennel/shelter2

Arts, entertainment, indoor

Arts, entertainment, outdoor

Automotive sales and service, marine3

Automotive sales and service, nonmarine4

Business service, standard

Community residential facility

Construction and trade

Day care

Eating and drinking place5

Educational service

Fire or police facility

Health care and social assistance

Laboratory6

Manufacturing, light

Marijuana business

Mobile food service7

Multiple-family dwelling8

Office

Park

Personal service

Recreational facility, indoor

Religious institution

Retail sales

Standalone parking9

Supportive living facility

Temporary lodging

Transportation10

Vehicle or equipment rental11

Wholesale trade

College/university

Laboratory6

Recreational facility, outdoor13

Regional land use

Utility facility

Air transportation service

Auction house

Automotive sales and service, nonmarine4

Business service, intensive

Cemetery, columbarium or mausoleum

Family child-care home

Funeral home/crematory

Hospital

Manufacturing, heavy

Marijuana cooperative

Mobile home park

Resource land use

Retail sales, bulk

Secure facility

Single detached dwelling unit

Vehicle or equipment rental11

Vehicle refueling station

Warehousing

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 subsection, without regard to intervening structures or objects, of 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 Highway 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 Provided:

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 solid wall and surfaced with concrete or other impervious material;

c. Outdoor runs shall be prohibited on properties adjacent to residential zones; and

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

3 Outdoor sales lots shall not exceed 20,000 sq. ft. in size.

4 Automotive sales are prohibited. Service of trucks exceeding eight-ton capacity (FHWA Classes 5-8) and heavy equipment is prohibited.

5 Social card games, as defined by this title, are prohibited.

6 Laboratories that must comply with special containment procedures for large quantities of hazardous materials are subject to a conditional use permit.

7 Provided:

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

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.

8 Allowed only as part of a mixed use development subject to the conditions of Chapter 18.50 KMC.

9 Standalone surface parking lots and boat racks are not permitted.

10 Trucking and freight hauling businesses are not permitted.

11 Equipment rental is prohibited.

12 Reserved.

13 Campgrounds and RV parks shall not be permitted.

[Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1).]

18.26.040 Use allowances – Regional business east subarea.

The following uses listed in Table B are identified as permitted, conditionally permitted, or prohibited uses in the regional business east subarea:

Table B. Regional Business East Subarea Use Allowances 

PERMITTED

CONDITIONALLY PERMITTED

PROHIBITED

Adult entertainment business1

Ambulatory surgery center

Animal kennel/shelter2

Arts, entertainment, indoor

Arts, entertainment, outdoor3

Auction house4

Automotive sales and service, marine

Automotive sales and service, nonmarine5

Business service, standard

Cemetery, columbarium or mausoleum6

Community residential facility

Construction and trade

Day care

Eating and drinking place7

Educational service

Fire or police facility

Funeral home/crematory

Health care and social assistance

Laboratory8

Manufacturing, light

Marijuana business

Mobile food service9

Multiple-family dwelling10

Office

Park

Personal service

Recreational facility, indoor

Recreational facility, outdoor3,11

Religious institution

Retail sales12

Standalone parking13

Supportive living facility

Temporary lodging

Transportation14

Vehicle or equipment rental

Warehousing15

Wholesale trade

College/university

Hospital

Laboratory8

Regional land use

Secure facility17

Utility facility

Air transportation service

Automotive sales and service, nonmarine5

Business service, intensive

Family child-care home

Manufacturing, heavy

Marijuana cooperative

Mobile home park

Resource land use

Retail sales, bulk

Single detached dwelling unit

Vehicle refueling station

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 subsection, without regard to intervening structures or objects, of 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 Highway 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 Provided:

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 solid wall and surfaced with concrete or other impervious material;

c. Outdoor runs shall be prohibited on properties adjacent to residential zones; and

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

3 Outdoor activities shall be at least 50 feet from adjoining residential zones and lighting shall be directed away from adjoining residential zones. Hours of operation may be restricted to ensure compatibility.

4 Excluding animal auctions.

5 Automotive sales are prohibited. Service of trucks exceeding eight-ton capacity (FHWA Classes 5-8) and heavy equipment is prohibited.

6 Limited to indoor columbariums and mausoleums.

7 Social card games, as defined by this title, are prohibited.

8 Laboratories that must comply with special containment procedures for large quantities of hazardous materials are subject to a conditional use permit.

9 Provided:

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

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.

10 Allowed only as part of a mixed use development subject to the conditions of Chapter 18.50 KMC.

11 Campgrounds and RV parks shall not be permitted.

12 Allowed only as part of a mixed use development.

13 Only standalone boat parking is permitted. Parking lots are limited in size to 10,000 sq. ft.

14 Trucking and freight hauling businesses are not permitted.

15 A warehouse shall not exceed 20,000 sq. ft. in size. Standalone outdoor storage shall not be permitted.

16 Reserved.

17 Jails are prohibited. Secure community transition facilities as defined in RCW 71.09.020 are subject to the following restrictions:

a. Maximum Number of Residents. No SCTF shall house more than three persons, excluding resident staff.

b. Siting Criteria.

(1) SCTFs should be located in relationship to transportation facilities in a manner appropriate to their transportation needs.

(2) No SCTF shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits:

(a) In or within 250 feet of any residential zone district, or any residentially zoned property.

(b) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a “risk potential activity” as defined in RCW 71.09.020, as amended, including, but not limited to, public and private schools; school bus stops; licensed day care and licensed preschool facilities; public parks, publicly dedicated trails and sports fields; recreational and community centers; playgrounds; religious institutions; and public libraries.

(c) One mile from any existing SCTF, work release, prerelease, or similar facility.

(3) The distances specified in subsection (17)(b)(2) of this footnote shall be measured by following a straight line from the nearest point of the property parcel upon which the SCTF is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated.

c. On-Site Facilities Required. Each SCTF shall provide on-site dining, on-site laundry or laundry service, and on-site recreational facilities to serve the residents.

d. Conditional Use Permit Application Process. A conditional use permit application for an SCTF shall be accompanied by the following:

(1) The siting process used for the SCTF, including alternative locations considered. At least three alternative locations must be considered.

(2) An analysis showing that utmost consideration was given to potential sites such that siting of the facility will have no unreasonable impact on any one racial, cultural, or socio-economic group, and that there will not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction or region.

(3) Proposed mitigation measures including the use of extensive buffering from adjacent uses.

(4) A detailed security plan for the facility and the residents.

(5) Proposed operating rules for the facility.

(6) A schedule and analysis of all public input solicited or to be solicited during the siting process.

[Ord. 17-0438 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1).]

18.26.050 Use allowances – Regional business west subarea.

The following uses listed in Table C are identified as permitted, conditionally permitted, or prohibited uses in the regional business west subarea:

Table C. Regional Business West Subarea Use Allowances 

PERMITTED

CONDITIONALLY PERMITTED

PROHIBITED

Adult entertainment business1

Ambulatory surgery center

Arts, entertainment, indoor

Arts, entertainment, outdoor

Automotive sales and service, marine2

Business service, standard

Community residential facility

Day care

Eating and drinking place3

Educational service

Fire or police facility

Health care and social assistance

Laboratory4

Marijuana business

Mobile food service5

Multiple-family dwelling6

Office

College/university

Laboratory4

Manufacturing, light

Regional land use

Air transportation service

Animal kennel/shelter

Auction house

Automotive sales and service, nonmarine

Business service, intensive

Cemetery, columbarium or mausoleum

Construction and trade

Family child-care home

Funeral home/crematory

Hospital

Manufacturing, heavy

Marijuana cooperative

Mobile home park

Resource land use

Retail sales, bulk

Secure facility

Park

Personal service

Recreational facility, indoor

Recreational facility, outdoor7

Religious institution

Retail sales8

Standalone parking9

Supportive living facility

Temporary lodging

Transportation10

Vehicle or equipment rental11

Vehicle refueling station12

 

Single detached dwelling unit

Utility facility

Warehousing

Wholesale trade

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 subsection, without regard to intervening structures or objects, of 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 Highway 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 Repair work or service shall only be performed in an enclosed building, with no outdoor storage of materials.

3 Social card games, as defined by this title, are prohibited.

4 Laboratories that must comply with special containment procedures for large quantities of hazardous materials are subject to a conditional use permit.

5 Provided:

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

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.

6 Allowed only as part of a mixed use development subject to the conditions of Chapter 18.50 KMC.

7 Campgrounds and RV parks shall not be permitted.

8 Allowed only as part of a mixed use development.

9 All standalone surface parking lots for vehicles, boats and/or boat racks are limited in size to 10,000 sq. ft.

10 Only passenger transportation uses are permitted.

11 Equipment rental is prohibited. Vehicle rental is allowed only as an accessory to a permitted use.

12 Allowed only as an accessory to a permitted use.

[Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1).]

18.26.060 Accessory uses.

Accessory uses, when consistent with the definition in Chapter 18.20 KMC, are allowed as determined by the city manager. [Ord. 14-0391 § 2 (Exh. 1).]

18.26.070 Zoning standards.

The following zone-specific development standards in Table D apply in the regional business zone:

Table D. Regional Business Zone Development Standards 

STANDARD

REQUIREMENT

Base Density: Dwelling Units/Acre

48 du/ac

Maximum Density: Dwelling Units/Acre

72 du/ac1

Minimum Street Setback

10 ft.2

Minimum Interior Setback

20 ft.3

Maximum Height

55 ft.

Maximum Impervious Surface: Percentage

90%

1 This density may only be achieved through the application of residential density incentives or transfer of density credits in mixed use developments. See Chapter 18.80 KMC.

2 Gas station pump islands shall be placed no closer than 25 feet to street front lines.

3 Required on property lines adjoining residential zones.

[Ord. 16-0428 § 13 (Att. I); Ord. 14-0391 § 2 (Exh. 1).]

18.26.080 Additional development standards.

A. Where the regional business zone abuts a residential zone, the city manager may require additional landscaping pursuant to Chapter 18.35 KMC, blank wall treatments pursuant to Chapter 18.52 KMC, and/or measures to address building mass and bulk pursuant to KMC 18.52.310 and/or 18.52.330 in order to mitigate impacts of new development on neighboring residential areas.

B. 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.

C. Outdoor storage is prohibited in the regional business zone, west subarea. In the regional business zone, north subarea, accessory outdoor storage is limited to a maximum of 50 percent of the site area. [Ord. 16-0428 § 13 (Att. I); Ord. 14-0391 § 2 (Exh. 1).]

18.26.085 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).]

18.26.090 Conflict with design standards.

In the event of a conflict between Chapter 18.52 KMC, Downtown Design Standards, and regional business zone standards, the Kenmore downtown design standards shall prevail. [Ord. 14-0391 § 2 (Exh. 1).]