Chapter 10 – LEGAL EFFECT/APPLICABILITY

Sections:

10.05 User Guide

10.10 Time of Effect

10.15 Authority

10.17 Purpose

10.20 Map Incorporated

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.

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.

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.

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.

10.20 Map Incorporated

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. See Chapter 130 KZC for information regarding amending this map.

10.25 Zoning Categories Adopted

The City is divided into the following zoning categories:

Zoning Category		Symbol
1.	Single-Family Residential Zones	RS and RSX (followed by a designation indicating minimum lot size per dwelling unit)
2.	Multifamily Residential Zones	RM (followed by a designation indicating minimum lot size per dwelling unit)
3.	Professional Office/Residential Zones	PR (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.	Freeway Commercial Zones	FC (followed by a designation indicating which Freeway Commercial Zone)
7.	Neighborhood Business	BN
8.	Community Business	BC and BCX
9.	Central Business District	CBD (followed by a designation indicating which sub-zone within the Central Business District)
10.	Juanita Business District	JBD (followed by a designation indicating which sub-zone within the Juanita Business District)
11.	North Rose Hill Business District	NRH (followed by a designation indicating which sub-zone within the North Rose Hill Business District)
12.	Rose Hill Business District	RH (followed by a designation indicating which sub-zone within the Rose Hill Business District)
13.	Totem Center and Totem Lake Neighborhood	TL (followed by a designation indicating which sub-zone within Totem Center or the Totem Lake Neighborhood)
14.	Light Industrial Zones	LIT, TL 7
15.	Planned Areas	PLA (followed by a designation indicating which Planned Area, and in some cases, which sub-zone within a Planned Area)
16.	Park/Public Use Zones	P

10.30 Overlay Designations Adopted

The following overlay zones apply in various areas:

Overlay Zoning Category		Symbol
1.	Adult Activities Overlay Zone	“AE”
2.	Historic Landmark Overlay Zone	“HL”
3.	Equestrian Overlay Zone	“EQ”
4.	Secure Community Transition Facility	“SCTF”

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 full limit and territorial extent of the police power, jurisdiction and control of the City of Kirkland.

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.

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.

10.45 Annexed Property

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.