CHAPTER 35 – COMMERCIAL ZONES (BN, BNA, FHNC, BC 1, BC 2, BCX, HENC 1, HENC 3)
Sections:
35.05 User Guide
35.05.010 Applicable Zones
35.05.020 Common Code References
35.10 General Regulations
35.10.010 All Commercial Zones
35.10.020 BN, BNA Zones
35.10.030 BC 1, BC 2 Zones
35.10.040 BCX Zones
35.10.050 FHNC Zone
35.10.060 HENC 1, HENC 3 Zones
35.20 Permitted Uses
35.30 Density/Dimensions
35.40 Development Standards
35.05 User Guide
Step 1. Check that the zone of interest is included in KZC 35.05.010, Applicable Zones. If not, select the chapter where it is located.
Step 2. Refer to KZC 35.05.020, Common Code References, for relevant information found elsewhere in the code.
Step 3. Refer to the General Regulations in KZC 35.10 that apply to the zones as noted.
Step 4. Find the Use of interest in the Permitted Uses Table in KZC 35.20 and read across to the column pertaining to the zone of interest. If a Use is not listed in the table, it is not allowed. A listed use is permitted unless “NP” (Not Permitted) is noted for the table. Note the Required Review Process and Special Regulations that are applicable. There are links to the Special Regulations listed immediately following the table (PU-1, PU-2, PU-3, etc.).
Step 5. Find the Use of interest in the Density/Dimensions Table in KZC 35.30 and read across the columns. Note the standards (Minimum Lot Size, Required Yards, Maximum Lot Coverage, and Maximum Height of Structure) and Special Regulations that are applicable. There are links to the Special Regulations listed immediately following the table (DD-1, DD-2, DD-3, etc.).
Step 6. Find the Use of interest in the Development Standards Table in KZC 35.40 and read across the columns. Note the standards (Landscape Category, Sign Category, and Required Parking Spaces) and Special Regulations that are applicable. There are links to the Special Regulations listed immediately following the table (DS-1, DS-2, DS-3, etc.).
Note: Not all uses listed in the Density/Dimensions and Development Standards Tables are permitted in each zone addressed in this chapter. Permitted uses are determined only by the Permitted Uses Table.
35.05.010 Applicable Zones
This chapter contains the regulations for uses in the commercial zones (BN, BNA, BC 1, BC 2, BCX, FHNC, HENC 1, HENC 3) of the City.
35.05.020 Common Code References
1. Refer to Chapter 1 KZC to determine what other provisions of this code may apply to the subject property.
2. Public park development standards will be determined on a case-by-case basis. See KZC 45.50.
3. Review processes, density/dimensions and development standards for shoreline uses can be found in Chapter 83 KZC, Shoreline Management.
4. Some development standards or design regulations may be modified as part of the design review process. See Chapters 92 and 142 KZC for requirements.
5. Chapter 115 KZC contains regulations regarding home occupations and other accessory uses, facilities, and activities associated with Assisted Living Facility, Attached or Stacked Dwelling Units, and Stacked Dwelling Unit uses.
6. Development adjoining the Cross Kirkland Corridor or Eastside Rail Corridor shall comply with the standards of KZC 115.24.
7. Structures located within 30 feet of a parcel in a low density zone or a low density use in PLA 17 shall comply with additional limitations on structure size established by KZC 115.136.
(Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4636 § 3, 2018; Ord. 4476 § 2, 2015)
35.10 General Regulations
35.10.010 All Commercial Zones
The following regulations apply to all uses in these zones unless otherwise noted:
1. Surface parking areas shall not be located between the street and building unless no feasible alternative exists. Parking areas located to the side of the building are allowed; provided, that the parking area and vehicular access occupies less than 30 percent of the property frontage and design techniques adequately minimize the visibility of the parking.
35.10.020 BN, BNA Zones
1. The following commercial frontage requirements shall apply to all development that includes dwelling units or assisted living uses:
a. The street level floor of all buildings shall be limited to one or more of the following uses, except as allowed in subsection (1)(c) of this section: Retail; Restaurant or Tavern; Entertainment, Cultural and/or Recreational Facility; or Office. These uses shall be oriented toward fronting arterial and collector streets and have a minimum depth of 20 feet and an average depth of at least 30 feet (as measured from the face of the building along the street).
The Design Review Board (or Planning and Building Director if not subject to DR) may approve a minor reduction in the depth requirements if the applicant demonstrates that the requirement is not feasible given the configuration of existing or proposed improvements and that the design of the commercial frontage will maximize visual interest. The Design Review Board (or Planning and Building Director if not subject to DR) may modify the frontage requirement where the property abuts residential zones in order to create a more effective transition between uses.
b. The commercial floor shall be a minimum of 13 feet in height. In the BN zone, the height of the structure may exceed the maximum height of structure by three feet for a three-story building with the required 13-foot commercial floor.
c. Other uses allowed in this zone and parking shall not be located on the street level floor unless an intervening commercial frontage is provided between the street and those other uses or parking subject to the standards above. Lobbies for residential or assisted living uses may be allowed within the commercial frontage provided they do not exceed 20 percent of the building’s linear commercial frontage along the street.
2. Where Landscape Category B is specified, the width of the required landscape strip shall be 10 feet for properties within the Moss Bay neighborhood and 20 feet for properties within the South Rose Hill neighborhood. All other provisions of Chapter 95 KZC shall apply.
3. In the BNA zone, developments may elect to provide affordable housing units as defined in Chapter 5 KZC subject to the voluntary use provisions of Chapter 112 KZC.
35.10.030 BC 1, BC 2 Zones
1. In the BC 1 and BC 2 zones, the following requirements shall apply to all development that includes residential or assisted living uses:
a. The development must include commercial use(s) with gross floor area on the ground floor equal to or greater than 25 percent of the parcel size for the subject property. Commercial floor area shall be one or more of the following uses: Retail; Restaurant or Tavern; Entertainment, Cultural and/or Recreational Facility; or Office.
b. The commercial floor shall be a minimum of 13 feet in height.
c. Commercial uses shall be oriented to adjoining arterials.
d. Residential uses, assisted living uses, and parking for those uses shall not be located on the street level floor unless an intervening commercial frontage is provided between the street and those other uses or parking subject to the standards above. The intervening commercial frontage shall be a minimum of 20 feet in depth. The Planning and Building Director may approve a minor reduction in the depth requirements if the applicant demonstrates that the requirement is not feasible given the configuration of existing or proposed improvements and that the design of the commercial frontage will maximize visual interest. Lobbies for residential or assisted living uses may be allowed within the commercial frontage provided they do not exceed 20 percent of the building’s linear commercial frontage along the street.
2. In BC 1 and BC 2 zones, developments creating four or more new dwelling units shall provide at least 10 percent of the units as affordable housing units as defined in Chapter 5 KZC. Two additional units may be constructed for each affordable housing unit provided. See Chapter 112 KZC for additional affordable housing incentives and requirements.
3. In the BC 1 and BC 2 zones, side and rear yards abutting a residential zone shall be 20 feet.
4. In the BC 1 and BC 2 zones, all required yards for any portion of a structure must be increased one foot for each foot that any portion of the structure exceeds 35 feet above average building elevation (does not apply to Public Park uses).
6. Maximum height of structure is as follows:
a. In the BC 1 zone, 35 feet above average building elevation.
b. In the BC 2 zone, 35 feet above average building elevation. Structure height may be increased to 60 feet in height if:
1) At least 50 percent of the floor area is residential;
2) Parking is located away from the street by placing it behind buildings, to the side of buildings, or in a parking structure;
3) The ground floor is a minimum 15 feet in height for all retail, restaurant, or office uses (except parking garages); and
4) The required yards of any portion of the structure are increased one foot for each foot that any portion of the structure exceeds 30 feet above average building elevation (does not apply to Public Park uses).
35.10.040 BCX Zones
1. For development where the maximum height of the structure is 30 feet above average building elevation:
a. The development must include commercial use(s) with gross floor area on the ground floor equal to or greater than 25 percent of the parcel size for the subject property. Commercial floor area shall be one or more of the following uses: Retail; Restaurant or Tavern; Entertainment, Cultural and/or Recreational Facility; or Office.
b. The commercial floor shall be a minimum of 13 feet in height. The height of the structure may exceed the maximum height of structure by three feet.
c. Commercial uses shall be oriented to adjoining arterials.
d. Residential uses, assisted living uses, and parking for those uses shall not be located on the street level floor unless an intervening commercial frontage is provided between the street and those other uses or parking subject to the standards above. The intervening commercial frontage shall be a minimum of 20 feet in depth. The Planning and Building Director may approve a minor reduction in the depth requirements if the applicant demonstrates that the requirement is not feasible given the configuration of existing or proposed improvements and that the design of the commercial frontage will maximize visual interest. Lobbies for residential or assisted living uses may be allowed within the commercial frontage provided they do not exceed 20 percent of the building’s linear commercial frontage along the street.
2. For development where the maximum height of the structure is 60 feet above average building elevation:
a. Uses above the third story are limited to Assisted Living Facility and Attached or Stacked Dwelling Units.
b. No portion of a building within 40 feet of NE 70th Place shall exceed a height of 60 feet above NE 70th Place measured at the midpoint of the frontage of the subject property on the NE 70th Place right-of-way. The Design Review Board is authorized to allow rooftop amenities where this height limit is imposed.
c. The development includes a Retail Establishment Selling Groceries and Related Items with a minimum 15,000 square feet of floor area. This requirement only applies if the subject property contains more than five acres. This use must provide for a full-service grocery store that sells food and supplies including but not limited to fresh fruits and vegetables; refrigerated and frozen foods; dairy products; canned goods; dry goods; fresh meats and cheeses; delicatessen items; beverages; nonfood items such as soaps, detergents, paper goods, and other household products; and health and beauty aids. The Planning and Building Director is authorized to allow a decrease in the square footage to not less than 10,000 square feet if the applicant demonstrates that a smaller space supports a viable full-service grocery store with all required components.
d. For all building facades facing and within 100 feet of the abutting right-of-way, all portions of a structure greater than three stories in height, as measured from the abutting right-of-way, shall be stepped back from the third story facade as follows:
1) From NE 70th Place and that portion of 132nd Avenue NE across from Snyder’s Corner Park by an average of eight feet;
2) From 130th Avenue NE, and NE 65th Street, and that portion of 132nd Avenue NE south of Snyder’s Corner Park by an average of 12 feet;
3) The required upper story step backs for all floors above the third story shall be calculated as total upper story step back area as follows: Total Upper Story Step Back Area = (Linear feet of front property line(s), not including portions of the site without buildings that are set aside for vehicular areas) x (Required average step back) x (Number of stories proposed above the third story). The Design Review Board is authorized to allow rooftop amenities within the step back area.
e. The development shall provide publicly accessible pedestrian oriented open space(s) adjacent to the street or through-block pathway. The publicly accessible space(s) shall contain a minimum of 1,000 square feet or one square foot per 200 gross square feet of above grade building area, whichever is greater. The size calculation shall not include the required width of abutting sidewalks or pathways. Locations, dimensions, features and improvements (such as plazas, seating, public art, children’s recreation space) shall be reviewed and approved through by the Design Review Board based on applicable guidelines.
f. Development at the corner of NE 70th Place and 132nd Avenue NE shall provide a gateway feature, such as public art. The gateway feature shall be reviewed and approved by the Design Review Board based on applicable design guidelines.
g. Developments creating four or more new dwelling units shall provide at least 10 percent of the units as affordable housing units as defined in Chapter 5 KZC. See Chapter 112 KZC for additional affordable housing incentives and requirements.
h. Development shall be designed, built and certified to achieve or exceed the high performing building standards described in KZC 115.62.
i. The commercial floor shall be a minimum of 13 feet in height.
j. Except along NE 65th Street and 130th Avenue NE, residential uses, assisted living uses, and parking for those uses shall not be located on the street level floor unless an intervening commercial frontage is provided between the street and those other uses or parking subject to the standards above. The intervening commercial frontage shall have a minimum depth of 20 feet and an average depth of at least 30 feet (as measured from the face of the building). The Design Review Board (or Planning and Building Director if not subject to Design Review) may approve a minor reduction in the depth requirements if the applicant demonstrates that the requirement is not feasible given the configuration of existing or proposed improvements and that the design of the commercial frontage will maximize visual interest.
k. Development shall contain commercial uses oriented to adjoining arterials and through-block pathways. The location and frontages of these commercial uses shall be reviewed through Design Review for consistency with applicable guidelines or regulations.
l. Development shall provide for one north-south through-block pathway connection between NE 70th Place and NE 65th Street and two east-west through-block pathway connections between 130th Avenue NE and 132nd Avenue NE (see Plate 34Q). The Design Review Board shall determine the final location and configuration of the through-block pathway connections based on convenience and utility for nonmotorized access and orientation toward commercial uses and pedestrian-oriented open space.
m. Lobbies and amenity space for residential or assisted living uses may be allowed within the commercial frontage provided they do not exceed 20 percent of the building’s linear retail frontage along the street or through-block pathway. The Design Review Board (or Planning and Building Director if not subject to Design Review) may approve a minor increase to ground floor residential lobbies and amenities if they are connected to retail use and the design of the ground floor frontage will maximize visual interest.
n. Attached or Stacked Dwelling Units and Assisted Living Facilities located at the street level floor along NE 65th Street and 130th Avenue NE shall have a minimum seven-foot required yard.
o. In addition to the height exceptions of KZC 115.60, the following height exceptions are established:
1) An additional five feet is allowed for buildings providing a grocery store.
2) Decorative parapets may exceed the height limit by a maximum of four feet; provided, that the average height of the parapet around the perimeter of the structure shall not exceed two feet.
3) For structures with a peaked roof, the peak may extend eight feet above the height limit if the slope of the roof is equal to or greater than four feet vertical to 12 feet horizontal.
35.10.050 FHNC Zone
1. The following commercial frontage requirements shall apply to all development that includes dwelling units or assisted living uses:
a. The street level floor of all buildings shall be limited to one or more of the following uses, except as allowed in subsection (1)(c) of this section: Retail; Restaurant or Tavern; Entertainment, Cultural and/or Recreational Facility; or Office. These uses shall be oriented toward fronting streets and have a minimum depth of 20 feet and an average depth of at least 30 feet (as measured from the face of the building along the street).
The Design Review Board (or Planning and Building Director if not subject to DR) may approve a minor reduction in the depth requirements if the applicant demonstrates that the requirement is not feasible given the configuration of existing or proposed improvements and that the design of the commercial frontage will maximize visual interest.
b. The commercial floor shall be a minimum of 15 feet in height.
c. Other uses allowed in this zone and parking shall not be located on the street level floor unless an intervening commercial frontage is provided between the street and those other uses or parking subject to the standards above. Lobbies for residential or assisted living uses are allowed within the commercial frontage provided they do not exceed 20 percent of the building’s linear commercial frontage along the street.
2. Maximum height of structure is as follows:
a. Thirty-five feet above average building elevation;
b. Fifty-five feet above the midpoint of the subject property on the abutting right-of-way, if:
1) The subject property contains a minimum of five acres and any development includes a grocery store with a minimum 20,000 square feet of floor area.
2) Office uses are only allowed on the ground floor and second floor of any structure.
3) For all building facades facing and within 100 feet of Juanita Drive or NE 141st Street, all portions of a structure greater than two stories in height shall be stepped back from the second story building facade by an average of 20 feet. The required upper story step backs for all floors above the second story shall be calculated as Total Upper Story Step Back Area as follows: Total Upper Story Step Back Area = (Linear feet of front property line(s), not including portions of the site without buildings that are set aside for vehicular areas) x (Required average step back) x (Number of stories proposed above the second story). The Design Review Board is authorized to allow rooftop garden structures within the step back area.
4) The proposal includes public gathering places, community plazas, and public art. At least one public plaza shall contain a minimum of 2,500 square feet in one continuous piece with a minimum width of 30 feet. The space shall be designed to be consistent with the design guidelines for public open space.
5) Developments creating four or more new dwelling units shall provide at least 10 percent of the units as affordable housing units as defined in Chapter 5 KZC. See Chapter 112 KZC for additional affordable housing incentives and requirements.
6) Development shall be designed, built and certified to achieve or exceed the high performing building standards described in KZC 115.62.
7) Signs for a development approved under this provision must be proposed within a Master Sign Plan application (Chapter 100 KZC) for all signs within the project.
8) Drive-in and drive-through facilities are prohibited.
c. In addition to the height exceptions established by KZC 115.60, the following exceptions to height regulations zone are established:
1) Decorative parapets may exceed the height limit by a maximum of four feet; provided, that the average height of the parapet around the perimeter of the structure shall not exceed two feet.
2) For structures with a peaked roof, the peak may extend eight feet above the height limit if the slope of the roof is equal to or greater than four feet vertical to 12 feet horizontal.
35.10.060 HENC 1, HENC 3 Zones
1. In the HENC 1 and 3 zones:
a. At least 75 percent of the total gross floor area located on the ground floor of all structures on the subject property must contain retail establishments, restaurants, taverns, hotels or motels, or offices. These uses shall be oriented to a pedestrian-oriented street, a major pedestrian sidewalk, a through-block pathway or the Cross Kirkland Corridor.
b. Adjacent to NE 68th Street, 106th Avenue NE, 108th Avenue NE, 6th Street South and the Cross Kirkland Corridor (CKC), any portion of a structure greater than two stories in height must be stepped back from the facade below by an average of 15 feet with a minimum step back of five feet.
The Design Review Board is authorized to allow rooftop deck and/or garden structures within the step back area.
c. Development adjoining the Cross Kirkland Corridor shall comply with the standards of KZC 115.24. Safe public pedestrian connections through sites to the Cross Kirkland Corridor are required (for approximate locations see Plate 34O).
d. Minimum 14-foot-wide sidewalks are required along 106th Avenue NE, 108th Avenue NE and 6th Street South on the side of the right-of-way that abuts HENC 1; and on both sides of NE 68th Street.
e. Drive-in and drive-through facilities are allowed for gas stations and drug stores. All other drive-in and drive-through facilities are prohibited.
2. In the HENC 1 zone:
a. No more than 20 percent of the gross floor area for any building may include office uses. This requirement does not apply to the area in HENC 1 that is located north of NE 68th Street between the Cross Kirkland Corridor and what would be the northern extension of 106th Avenue NE.
b. Structure height may be increased to 35 feet above ABE if:
1) A development of four acres or less includes at least one grocery store, hardware store, or drug store containing a minimum of 20,000 square feet of gross floor area.
2) A development of more than four acres includes at least one grocery store, hardware store, or drug store containing a minimum of 20,000 square feet of gross floor area and one grocery store, hardware store, or drug store containing a minimum of 10,000 square feet of gross floor area.
3) The site plan is approved by the Design Review Board and includes public gathering places and community plazas with public art. At least one of these public areas must measure a minimum of 1,500 square feet with a minimum width of 30 feet.
4) The commercial floor is a minimum of 13 feet in height.
5) Maximum allowed lot area per residential dwelling unit is 900 square feet or 48 units per acre.
6) Development shall be designed, built and certified to achieve or exceed the high performing building standards described in KZC 115.62.
7) At least 10 percent of the units provided in new residential developments of four units or greater shall be affordable housing units, as defined in Chapter 5 KZC. See Chapter 112 KZC for additional affordable housing requirements and incentives.
(Ord. 4788 § 1, 2022; Ord. 4784 § 1, 2022; Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4636 § 3, 2018; Ord. 4476 § 2, 2015)
35.20 Permitted Uses
|
Use |
Required Review Process: |
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|---|---|---|---|---|---|---|
|
I = Process I, Chapter 145 KZC IIA = Process IIA, Chapter 150 KZC IIB = Process IIB, Chapter 152 KZC |
DR = Design Review, Chapter 142 KZC None = No Required Review Process |
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|
NP = Use Not Permitted # = Applicable Special Regulations (listed after the table) |
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|
BN, BNA |
FHNC |
BC 1, BC 2 |
BCX |
HENC 1, HENC 3 |
||
|
DR |
DR |
None |
DR |
DR |
||
|
Attached or Stacked Dwelling Units* |
DR |
DR |
None |
DR |
DR |
|
|
Reserved |
|
|
|
|
|
|
|
DR |
DR |
None |
DR |
DR |
||
|
DR |
DR |
None |
DR |
DR |
||
|
DR |
DR |
None |
DR |
DR |
||
|
DR |
DR |
None |
DR |
DR |
||
|
DR |
DR |
None |
DR |
DR |
||
|
NP |
DR |
None |
DR |
DR |
||
|
DR |
DR |
None |
DR |
DR |
||
|
DR |
DR |
None |
DR |
DR |
||
|
DR |
DR |
None |
DR |
DR |
||
|
Private Lodge or Club |
DR |
DR |
None |
DR |
DR |
|
|
See KZC 45.50 for required review process. |
||||||
|
IIA |
IIA |
None |
DR |
DR |
||
|
Restaurant or Tavern |
DR |
DR |
None |
DR |
DR |
|
|
Retail Establishment other than those specifically listed in this zone, selling goods, or providing services |
NP |
DR |
None |
DR |
DR |
|
|
Retail Establishment providing banking and related financial services |
DR |
DR |
None |
DR |
DR |
|
|
Retail Establishment providing laundry, dry cleaning, barber, beauty or shoe repair services |
DR |
DR |
None |
DR |
DR |
|
|
Retail Establishment providing storage services |
NP |
NP |
NP |
NP |
DR |
|
|
Retail Establishment providing vehicle or boat sales or vehicle or boat service or repair |
NP |
NP |
None |
NP |
NP |
|
|
Retail Establishment selling drugs, books, flowers, liquor, hardware supplies, garden supplies or works of art |
DR |
DR |
None |
DR |
DR |
|
|
Retail Establishment selling groceries and related items |
DR |
DR |
None |
DR |
DR |
|
|
Retail Variety or Department Store |
DR |
DR |
None |
DR |
DR |
|
|
DR |
DR |
None |
DR |
DR |
||
|
Reserved |
|
|
|
|
|
|
|
DR |
DR |
I |
DR |
DR |
||
Permitted Uses (PU) Special Regulations:
PU-1. A facility that provides both independent dwelling units and assisted living units shall be processed as an assisted living facility. Back to Table
PU-2. If a nursing home use is combined with an assisted living facility use in order to provide a continuum of care for residents, the required review process shall be the least intensive process between the two uses. Back to Table
PU-3. This use is only allowed on the street level floor subject to the provisions of KZC 35.10.020(1) or 35.10.050. Back to Table
PU-4*. Attached Dwelling Units are not allowed in the BC 1 and BC 2 zones. In the HENC 1 and HENC 3 zones, this use, with the exception of a lobby, may not be located on the ground floor of a structure. In the BC 1 and BC 2 zones, this use is only allowed subject to the provisions of KZC 35.10.030(2). Back to Table
PU-5*. Attached or Stacked Dwelling Units and Assisted Living Facilities are allowed in BCX subject to the provision of KZC 35.10.040. Back to Table
PU-6*. This use specifically excludes new or used vehicle or boat sales or rentals, except motorcycle sales, service, or rental is permitted if conducted indoors. Back to Table
PU-7. No openings (i.e., doors, windows which open, etc.) shall be permitted in any facade of the building adjoining to any residentially zoned property. Windows are permitted if they are triple-paned and unable to be opened. Back to Table
PU-8. Storage of used parts and tires must be conducted entirely within an enclosed structure. Outdoor vehicle parking or storage areas must be buffered as required for a parking area in KZC 95.45. See KZC 115.105, Outdoor Use, Activity and Storage, for additional regulations. Back to Table
PU-9. Prior to occupancy of the structure, documentation must be provided and stamped by a licensed professional verifying that the expected noise to be emanating from the site adjoining to any residential zoned property complies with the standards set forth in WAC 173-60-040(1) for a Class B source property and a Class A receiving property. Back to Table
PU-10. May include accessory living facilities for staff persons. Back to Table
PU-11. Uses with drive-in and drive-through facilities are prohibited in the BN zone. Access from drive-through facilities must be approved by the Public Works Department. Drive-through facilities must be designed so that vehicles will not block traffic in the right-of-way while waiting in line to be served. Back to Table
PU-12. Ancillary assembly and manufactured goods on the premises of this use are permitted only if:
a. The assembled or manufactured goods are directly related to and are dependent upon this use, and are available for purchase and removal from the premises.
b. The outward appearance and impacts of this use with ancillary assembly or manufacturing activities must be no different from other retail uses. Back to Table
PU-13. For restaurants with drive-in or drive-through facilities, one outdoor waste receptacle shall be provided for every eight parking stalls. Back to Table
PU-14. Entertainment, cultural and/or recreational facilities are only allowed in BCX, BNA and FHNC zones. Back to Table
PU-15. May include ancillary meeting and convention facilities. Back to Table
PU-16. A six-foot-high fence is required along the property lines adjacent to the outside play areas. Back to Table
PU-17. Hours of operation may be limited by the City to reduce impacts on nearby residential uses. Back to Table
PU-18. The following regulations apply to veterinary offices only:
a. May only treat small animals on the subject property.
b. Outside runs and other outside facilities for the animals are not permitted.
c. Site must be designed so that noise from this use will not be audible off the subject property. A certification to this effect, signed by an acoustical engineer, must be submitted with the development permit application. Back to Table
PU-19. Ancillary assembly and manufacture of goods on the premises of this use are permitted only if:
a. The ancillary assembled or manufactured goods are subordinate to and dependent on this use.
b. The outward appearance and impacts of this use with ancillary assembly or manufacturing activities must be no different from other office uses. Back to Table
PU-20. Reserved. Back to Table
PU-21. For properties located within the Moss Bay neighborhood, this use not allowed above the street level floor of any structure. Back to Table
PU-22. Reserved. Back to Table
PU-23. A delicatessen, bakery, or other similar use may include, as part of the use, accessory seating if:
a. The seating and associated circulation area does not exceed more than 10 percent of the gross floor area of the use; and
b. It can be demonstrated to the City that the floor plan is designed to preclude the seating area from being expanded. Back to Table
PU-24. Reserved. Back to Table
PU-25. May include accessory living facilities for resident security manager. Back to Table
PU-26. This use not permitted if any portion of the property is located within 150 feet of the Cross Kirkland Corridor. Back to Table
PU-27. Vehicle and boat rental are allowed as part of this use. Back to Table
PU-28. May not be more than two vehicle service stations at any intersection. Back to Table
PU-29. This use is not allowed in the BN zone. Back to Table
PU-30. Retail establishments selling marijuana or products containing marijuana are not permitted on properties abutting the school walk routes shown on Plate 46. Back to Table
PU-31. This use not permitted unless accessory to another permitted use. Back to Table
(Ord. 4844 § 1, 2023; Ord. 4784 § 1, 2022; Ord. 4781 § 1, 2022; Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4636 § 3, 2018; Ord. 4479 § 1, 2015; Ord. 4476 § 2, 2015)
*Code reviser’s note: This section of the code has been modified from what was shown in Ord. 4476 to simplify the code and reflect the intent of the City.
35.30 Density/Dimensions
|
USE |
Minimum Lot Size |
(See Chapter 115 KZC) |
Maximum Height of Structure |
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|---|---|---|---|---|---|---|---|
|
Front |
Side |
Rear |
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|
BN: None 3 FHNC: None2 BC 1, BC 2, HENC 1, HENC 3: None1 BCX: None |
BN, BNA: 4 BCX: 6 |
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|
Attached or Stacked Dwelling Units |
FHNC: None2 BCX, HENC 1, HENC 3: None BC 1, BC 2: None16 |
BN, BNA, BC 1, BC 2: 4 BCX: 6 |
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|
Reserved |
|
|
|
|
|
|
|
|
None |
10' BN: 20' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None |
10' BN: 20' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None |
10' BN: 20' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
BC 1, BC 2: 11 FHNC: 19 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None BN, BNA: None12 |
10' BCX: 0' |
BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None |
10' BN: 20' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None |
10' |
BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' FHNC: 10' |
BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' FHNC: 10' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None |
10' BN: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None |
10' BN: 20' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
None |
10' BN: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
Private Lodge or Club |
None |
10' BN: 20' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
Development standards will be determined on a case-by-case basis. |
|||||||
|
None |
10' BN: 20' |
BN, BNA, FHNC: 20' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 20' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
Restaurant or Tavern |
None BN, BNA, HENC 1, HENC 3: None12 |
10' BN, HENC 1, HENC 3: 0' BCX: 20' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
Retail Establishment other than those specifically listed in this zone, selling goods, or providing services |
None |
BCX: 20' FHNC, BC 1, BC 2: 10' HENC 1, HENC 3: 0' |
BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' FHNC: 10' |
BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' FHNC: 10' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
Retail Establishment providing banking and related financial services |
None BN, BNA, HENC 1, HENC 3: None12 |
BN, HENC 1, HENC 3: 0' BCX: 20' BNA, FHNC, BC 1, BC 2: 10' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
Retail Establishment providing laundry, dry cleaning, barber, beauty or shoe repair services |
None BN, BNA, HENC 1, HENC 3: None12 |
BN, HENC 1, HENC 3: 0' BCX: 0' BNA, FHNC, BC 1, BC 2: 10' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
Retail Establishment providing storage services |
None |
HENC 1, HENC 3: 10' |
HENC 1, HENC 3: 0' |
HENC 1, HENC 3: 0' |
80% |
HENC 1, HENC 3: 30' above ABE.20 |
|
|
Retail Establishment providing vehicle or boat sales or vehicle or boat service or repair |
None |
BC 1, BC 2: 10' |
BC 1, BC 2: 0'8 |
BC 1, BC 2: 0'8 |
80% |
BC 1, BC 2: 11 |
|
|
Retail Establishment selling drugs, books, flowers, liquor, hardware supplies, garden supplies or works of art |
None BN, BNA: None14 |
BN, HENC 1, HENC 3: 0' BCX: 0' BNA, FHNC, BC 1, BC 2: 10' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
Retail Establishment selling groceries and related items |
None BN, BNA: None14 |
BN, HENC 1, HENC 3: 0' BCX: 0' BNA, FHNC, BC 1, BC 2: 10' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
Retail Variety or Department Store |
None BN, BNA: None14 |
BN, HENC 1, HENC 3: 0' BCX: 0' BNA, FHNC, BC 1, BC 2: 10' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80%21 |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
|
|
None |
BN: 0' BNA, FHNC, BC 1, BC 2, BCX, HENC 1, HENC 3: 10' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
BN, BNA, FHNC: 10' BC 1, BC 2: 0'8 BCX, HENC 1, HENC 3: 0' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
|
Reserved |
|
|
|
|
|
|
|
|
22,500 sq. ft. |
40' |
15' |
15' |
80% |
FHNC: 19 BC 1, BC 2: 11 BCX: 30' above ABE.6 HENC 1, HENC 3: 30' above ABE.20 |
||
Density/Dimensions (DD) Special Regulations:
DD-1. In BC 1, BC 2 and HENC 1, subject to density limits listed for attached and stacked dwelling units. For density purposes, two assisted living units constitute one dwelling unit. Back to Table
DD-2. In the BNA zone and in the FHNC zone for properties containing less than five acres, the gross floor area of this use shall not exceed 50 percent of the total gross floor area on the subject property. Back to Table
DD-3. For density purposes, two assisted living units shall constitute one dwelling unit. Total dwelling units may not exceed the number of stacked dwelling units allowed on the subject property. Back to Table
DD-4. Same as the regulations for the ground floor use. Back to Table
DD-5. See KZC 35.10.030(2). Back to Table
DD-6. See KZC 35.10.040. Back to Table
DD-7. The minimum amount of lot area per dwelling unit is as follows:
a. In the BN zone, 900 square feet.
b. In the BNA zone:
i. North of NE 140th Street, 1,800 square feet.
ii. South of NE 124th Street, 2,400 square feet. Back to Table
DD-8. See KZC 35.10.030(4) and (5). Back to Table
DD-9. If adjoining a low density zone other than RSX or RSA, then 25 feet above ABE. Back to Table
DD-10. See KZC 35.10.020(1)(b). Back to Table
DD-11. See KZC 35.10.030(5) and (6). Back to Table
DD-12. Gross floor area for this use may not exceed 10,000 square feet, except in the BN zone the limit shall be 4,000 square feet. Back to Table
DD-13. Reserved. Back to Table
DD-14. The gross floor area for this use may not exceed 10,000 square feet. Exceptions:
a. Retail establishments selling groceries and related items in the BNA zone are not subject to this limit.
b. In the BN zone, the limit shall be 4,000 square feet. Back to Table
DD-15. For school use, structure height may be increased, up to 35 feet, if:
a. The school can accommodate 200 or more students; and
b. The required side and rear yards for the portions of the structure exceeding the basic maximum structure height are increased by one foot for each additional one foot of structure height; and
c. The increased height is not specifically inconsistent with the applicable neighborhood plan provisions of the Comprehensive Plan.
d. The increased height will not result in a structure that is incompatible with surrounding uses or improvements. Back to Table
DD-16. Nine hundred square feet per unit in BC 1 and BC 2. Back to Table
DD-17. Gas pump islands may extend 20 feet into the front yard. Canopies or covers over gas pump islands may not be closer than 10 feet to any property line. Outdoor parking and service areas may not be closer than 10 feet to any property line. See KZC 115.105, Outdoor Use, Activity and Storage, for further regulations. Back to Table
DD-18. See KZC 35.10.050(2). Back to Table
DD-19. See KZC 35.10.050. Back to Table
DD-20. See KZC 35.10.060. Back to Table
DD-21. In the BCX zone, where this use is the ground floor of a mixed use development, 100 percent lot coverage applies to the entire development. Back to Table
(Ord. 4811 § 1, 2022; Ord. 4784 § 1, 2022; Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4636 § 3, 2018; Ord. 4476 § 2, 2015)
*Code reviser’s note: This section of the code has been modified from what was shown in Ord. 4476 to simplify the code and reflect the intent of the City.
35.40 Development Standards
|
Use |
Landscape Category (Chapter 95 KZC) |
Sign Category (Chapter 100 KZC) |
Required Parking Spaces (Chapter 105 KZC) |
|
|---|---|---|---|---|
|
A14 |
1.7 per independent unit. 1 per assisted living unit. |
|||
|
Attached or Stacked Dwelling Units |
A14 |
1.2 per studio unit. 1.3 per 1 bedroom unit. 1.6 per 2 bedroom unit. 1.8 per 3 or more bedroom unit. |
||
|
Reserved |
|
|
|
|
|
C |
B14 |
1 for every four people based on maximum occupancy load of any area of worship.3 |
||
|
C4 |
B14 BN, BNA: B5 |
See KZC 105.25. |
||
|
C BN, BNA: B6 |
B14 |
1 for each bed. |
||
|
B BNA: B6 |
E14 BNA: D |
See KZC 105.25. |
||
|
C4 |
B14 BN, BNA: B5 |
See KZC 105.25. |
||
|
B |
E14 |
1 per each room.7 |
||
|
D BN, BNA: B6 |
B14 |
|||
|
C BN, BNA: B6 |
B14 |
1 for each bed. |
||
|
BN, BNA: B6 HENC 1, HENC 3, BC 1, BC 2: C FHNC, BCX: B |
D14 |
1 per each 300 sq. ft. of gross floor area.13 |
||
|
Private Lodge or Club |
C BN, BNA: B6 |
B14 |
1 per each 300 sq. ft. of gross floor area. |
|
|
Development standards will be determined on a case-by-case basis. |
||||
|
A4 |
B14 BN, BNA: B5 |
See KZC 105.25. |
||
|
Restaurant or Tavern |
BN, BNA: B6 FHNC, BC 1, BC 2, BCX: B10 HENC 1, HENC 2: B |
E14 BN, BNA: D |
1 per each 100 sq. ft. of gross floor area.15 |
|
|
Retail Establishment other than those specifically listed in this zone, selling goods, or providing services |
B |
E14 |
1 per each 300 sq. ft. of gross floor area. |
|
|
Retail Establishment providing banking and related financial services |
B6 |
E14 BN, BNA: D |
1 per each 300 sq. ft. of gross floor area. |
|
|
Retail Establishment providing laundry, dry cleaning, barber, beauty or shoe repair services |
B6 |
E14 BN, BNA: D |
1 per each 300 sq. ft. of gross floor area. |
|
|
Retail Establishment providing storage services |
A |
E |
See KZC 105.25. |
|
|
Retail Establishment providing vehicle or boat sales or vehicle or boat service or repair |
A |
E |
||
|
Retail Establishment selling drugs, books, flowers, liquor, hardware supplies, garden supplies or works of art |
B6 |
E14 BN, BNA: D |
1 per each 300 sq. ft. of gross floor area. |
|
|
Retail Establishment selling groceries and related items |
B6 |
E14 BN, BNA: D |
1 per each 300 sq. ft. of gross floor area. |
|
|
Retail Variety or Department Store |
B6 |
E14 BN, BNA: D |
1 per each 300 sq. ft. of gross floor area. |
|
|
D BN, BNA: B6 |
B14 |
|||
|
35.40.260* |
Reserved |
|
|
|
|
35.40.270 |
A |
E14 BNA: D |
See KZC 105.25. |
|
Development Standards (DS) Special Regulations:
DS-1. Same as the regulations for the ground floor use. Landscape Category E for street level floor residential uses, otherwise same as the regulations for the street level floor use. Back to Table
DS-2. Within the BCX zone a parking modification to decrease the required number of spaces for attached or stacked dwelling units is not required to increase the parking supply 15 percent over demand per KZC 105.103(3). Back to Table
DS-3. No parking is required for day-care or school ancillary to this use. Back to Table
DS-4. Landscape Category A or B may be required depending on the type of use on the subject property and the impacts associated with the use on the nearby uses. Back to Table
DS-5. One pedestal sign with a readerboard having electronic programming is allowed at a fire station only if:
a. It is a pedestal sign (see Plate 12) having a maximum of 40 square feet of sign area per sign face;
b. The electronic readerboard is no more than 50 percent of the sign area;
c. Moving graphics and text or video are not part of the sign;
d. The electronic readerboard does not change text and/or images at a rate less than one every seven seconds and shall be readily legible given the text size and the speed limit of the adjacent right-of-way;
e. The electronic readerboard displays messages regarding public service announcements or City events only;
f. The intensity of the display shall not produce glare that extends to adjacent properties and the signs shall be equipped with a device which automatically dims the intensity of the lights during hours of darkness;
g. The electronic readerboard is turned off between 10:00 p.m. and 6:00 a.m. except during emergencies;
h. It is located to have the least impact on surrounding residential properties.
If it is determined that the electronic readerboard constitutes a traffic hazard for any reason, the Planning and Building Director may impose additional conditions. Back to Table
DS-6. See KZC 35.10.020(2). Back to Table
DS-7. Excludes parking requirements for ancillary meeting and convention facilities. Additional parking requirement for these ancillary uses shall be determined on a case-by-case basis. Back to Table
DS-8. An on-site passenger loading area may be required depending on the number of attendees and the extent of the abutting right-of-way improvements. Back to Table
DS-9. The location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses. Back to Table
DS-10. For restaurants with drive-in or drive-through facilities Landscape Category A shall apply. Back to Table
DS-11. Outdoor vehicle or boat parking or storage areas must be buffered as required for a parking area in KZC 95.45. See KZC 115.105, Outdoor Use, Activity and Storage, for further regulations. Back to Table
DS-12. An on-site passenger loading area must be provided. The City shall determine the appropriate size of the loading areas on a case-by-case basis, depending on the number of attendees and the extent of the abutting right-of-way improvements. Carpooling, staggered loading/unloading time, right-of-way improvements or other means may be required to reduce traffic impacts on nearby residential uses. Back to Table
DS-13. If a medical, dental or veterinary office, then one per each 200 square feet of gross floor area. Back to Table
DS-14. Signs for a development within the BCX zone must be proposed within a master sign plan application (KZC 100.80). In addition to the approval criteria of KZC 100.80(4) a master sign plan application shall show how signs on the subject property will not be visually disruptive to the adjoining residential neighborhood. Back to Table
DS-15. Within the BCX zone the required parking for Restaurants and Taverns uses is one per each 300 square feet of gross floor area. Back to Table
(Ord. 4784 § 1, 2022; Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4636 § 3, 2018; Ord. 4487 § 1, 2015; Ord. 4476 § 2, 2015)
*Code reviser’s note: This section of the code has been modified from what was shown in Ord. 4476 to simplify the code and reflect the intent of the City.