Chapter 10 – LEGAL EFFECT/APPLICABILITY

Sections:

10.05    User Guide

10.10    Time of Effect

10.15    Authority

10.17    Purpose

10.18    Administrative Amendments

10.20    Map Incorporation, Corrections and Amendments

10.25    Zoning Categories Adopted

10.30    Overlay Designations Adopted

10.35    Zoning Boundary Interpretation

10.40    Unzoned Property

10.45    Annexed Property

10.05 User Guide

This chapter contains a variety of information regarding the effect and applicability of this code and amendments to this code. It also contains information regarding the Zoning Map, the symbols on that map and the boundaries on that map.

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10.10 Time of Effect

1.    General – Except as specified in subsection (2) of this section, this code, including amendments, applies to every development, use, action or activity commenced or engaged in after the effective date of this code, or amendment.

2.    Exception – Applicant’s Choice – An applicant may elect at any time to withdraw a pending or approved development permit application and submit a new development permit application. The new application will be reviewed entirely under the Zoning Code, including amendments, in effect at the time a complete application is submitted for the new permit.

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10.15 Authority

This code is adopted under the authority of Article XI, Section 11, of the Washington State Constitution and Chapter 35A.63 RCW.

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10.17 Purpose

The purpose of this code is to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this code.

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10.18 Administrative Amendments

The Planning and Building Director is authorized to revise citations in this code to maintain accurate references within this code and to other codes such as the Kirkland Municipal Code, Washington Administrative Code, Revised Code of Washington, and any other municipal, state, or federal code referenced herein. (Ord. 4749 § 1, 2021)

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10.20 Map Incorporation, Corrections and Amendments

1.    The map, or set of maps, entitled City of Kirkland Zoning Map and signed by the Mayor is hereby adopted as part of this code.

2.    The Planning and Building Director is authorized to make minor administrative corrections to the Zoning Map, such as adjusting a zoning boundary when a corrected survey results in shifting a property line or removal of suffixes that reference the associated neighborhood plan text when the affected parcel has been developed making the map notation no longer necessary. See Chapter 130 KZC for information regarding amending this map.

(Ord. 4496 § 2, 2015)

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10.25 Zoning Categories Adopted

The City is divided into the following zoning categories:

Zoning Category

Symbol

1.

Single-Family Residential Zones

RS, RSA and RSX (followed by a designation indicating minimum lot size per dwelling unit or units per acre)

2.

Multifamily Residential Zones

RM and RMA (followed by a designation indicating minimum lot size per dwelling unit)

3.

Professional Office/Residential Zones

PR and PRA (followed by a designation indicating minimum lot size per dwelling unit)

4.

Professional Office Zones

PO

5.

Waterfront Districts

WD (followed by a designation indicating which Waterfront District)

6.

Yarrow Bay Business District

YBD (followed by a designation indicating which sub-zone within the Yarrow Bay Business District)

7.

Neighborhood Business

BN and BNA

8.

Community Business

BC 1, BC 2 and BCX

9.

Central Business District

CBD (followed by a designation indicating which sub-zone within the Central Business District)

9.5

Houghton Everest Neighborhood Center

HENC (followed by a designation indicating which sub-zone within the Houghton Everest Neighborhood Center)

10.

Juanita Business District

JBD (followed by a designation indicating which sub-zone within the Juanita Business District)

11.

Market Street Corridor

MSC (followed by a designation indicating which sub-zone within the Market Street Corridor)

12.

North Rose Hill Business District

NRH (followed by a designation indicating which sub-zone within the North Rose Hill Business District)

13.

Rose Hill Business District

RH (followed by a designation indicating which sub-zone within the Rose Hill Business District)

14.

Business District Core (BDC) and Totem Lake Business District (TLBD)

TL (followed by a designation indicating which sub-zone within Business District Core (BDC) or the Totem Lake Business District)

15.

Light Industrial Zones

LIT, TL 7B

Planned Areas

PLA (followed by a designation indicating which Planned Area, and in some cases, which sub-zone within a Planned Area)

16.

17.

Park/Public Use Zones

P

18.

Finn Hill Neighborhood Center

FHNC

(Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4636 § 3, 2018; Ord. 4495 § 2, 2015; Ord. 4333 § 1, 2011; Ord. 4196 § 1, 2009; Ord. 4121 § 1, 2008; Ord. 4037 § 1, 2006; Ord. 4030 § 1, 2006; Ord. 3972 § 1, 2004; Ord. 3889 § 2, 2003)

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10.30 Overlay Designations Adopted

The following overlay zones apply in various areas:

Overlay Zoning Category

Symbol

1.

Holmes Point Overlay Zone

“HP”

2.

Adult Activities Overlay Zone

“AE”

3.

Historic Landmark Overlay Zone

“HL”

Equestrian Overlay Zone

“EQ”

4.

Overlay Zoning Category

Symbol

5.

Secure Community Transition Facility

SCTF

(Ord. 4196 § 1, 2009; Ord. 3954 § 1, 2004)

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10.35 Zoning Boundary Interpretation

1.    Following Property Lines – Where a zone boundary is indicated as approximately following a property line, the property line is the zone boundary.

2.    Following Streets – Where a zone boundary is indicated as following a street, the midpoint of the street is the zone boundary.

3.    Lakes – Where a zone abuts upon or extends into a lake, the zone boundary extends into that lake to the outer harbor line. In places where there is no outer harbor line, the zoning boundary shall extend to a point that the Army Corps of Engineers would define as the line of navigability.

4.    Other Cases – Where a zone boundary is not indicated to follow a property line or street, the boundary line is as drawn, based on the scale shown on the Zoning Map.

5.    Classification of Vacated Rights-of-Way – Where a right-of-way is vacated, the area comprising the vacated right-of-way will acquire the classification of the property to which it reverts.

(Ord. 4496 § 2, 2015)

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10.40 Unzoned Property

Any property within the City of Kirkland which, for any reason, does not indicate a zone designation, will be construed to be within the RS 35 Zone.

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10.45 Annexed Property

1.    Whenever, prior to annexation, a proposed extended Comprehensive Plan and zoning regulations and/or map have been prepared and adopted by the City pursuant to RCW 35A.14.330, that plan and zone regulation and/or map will, upon the effective date of annexation, be deemed to amend this code to the extent set forth in the annexation ordinance. Any other property or area which may, because of annexation, become a part of the City, will be deemed to be zoned with a classification the same as, or as nearly comparable as possible with, the classification that the property was zoned immediately prior to annexation.

2.    Pending development permits for which complete applications have been filed prior to annexation shall be governed by the King County zoning regulations in effect at the time of annexation for a period of five (5) years after the date of annexation unless the City finds that a change in conditions creates a serious threat to the public health or safety. After five (5) years, the current zoning regulations shall apply.

3.    Short plats and subdivisions that have been approved by King County but not recorded prior to annexation shall be recorded within the time period provided for under King County subdivision regulations in effect at the time of the approval of the short plat or subdivision. Notwithstanding the foregoing, initial development of dwelling units on individual lots in the short plat or subdivision shall be governed by the King County zoning regulations in effect at the time of annexation for a period of five (5) years after the date of annexation unless the City finds that a change in conditions creates a serious threat to the public health or safety. After five (5) years, the current zoning regulations shall apply.

4.    Initial development of dwelling units on individual lots in short plats and subdivisions that have been approved and recorded by King County subsequent to June 1, 2006, shall be governed by the King County zoning regulations in effect at the time of annexation for a period of five (5) years after the date of annexation unless the City finds that a change in conditions creates a serious threat to the public health or safety. After five (5) years, the current zoning regulations shall apply.

(Ord. 4286 § 1, 2011; Ord. 4196 § 1, 2009)

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