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Chapter 115 – MISCELLANEOUS USE DEVELOPMENT AND PERFORMANCE STANDARDS
Sections:
115.05 User Guide
115.07 Accessory Dwelling Units
115.08 Accessory Structure (Detached Dwelling Unit Uses Only)
115.10 Accessory Uses, Facilities and Activities
115.15 Air Quality Regulations
115.20 Animals in Residential Zones
115.23 Common Recreational Space Requirements for Certain Residential Uses
115.25 Development Activities and Heavy Equipment Operation – Limitations On
115.30 Distance Between Structures/Adjacency to Institutional Use
115.35 Erosion and Sedimentation Regulation
115.40 Fences
115.42 Floor Area Ratio (F.A.R.) Calculation for Detached Dwelling Units in Low Density Residential Zones
115.43 Garage Setback Requirements for Detached Dwelling Units in Low Density Zones (Effective Through May 17, 2008)
115.43 Garage Requirements for Detached Dwelling Units in Low Density Zones (Effective Beginning May 18, 2008)
115.45 Garbage and Recycling Receptacles – Placement and Screening
115.47 Loading and Service Areas Placement and Screening
115.50 Glare Regulation
115.55 Heat Regulation
115.59 Height Regulations – Calculating Average Building Elevation (ABE)
115.60 Height Regulations – Exceptions
115.65 Home Occupations
115.70 Junk and Junk Yards Prohibited
115.75 Land Surface Modification
115.80 Legal Building Site
115.85 Lighting Regulations
115.90 Calculating Lot Coverage
115.95 Noise Regulations
115.100 Odor
115.105 Outdoor Use, Activity and Storage
115.110 Radiation
115.115 Required Yards
115.120 Rooftop Appurtenances
115.125 Rounding of Fractions of Dwelling Units
115.135 Sight Distance at Intersections
115.138 Temporary Storage Containers
115.140 Temporary Trailers for Construction and Real Estate Sales Offices
115.142 Transit Shelters and Centers, Public
115.150 Vehicles, Boats and Trailers – Size in Residential Zones Limited
115.05 User Guide
This chapter contains a variety of regulations and standards that apply to the development and use of land. The regulations in this chapter do not all pertain to the same general subject matter. The regulations are arranged alphabetically so that careful review of the table of contents is important to finding all pertinent regulations.
115.07 Accessory Dwelling Units
One accessory dwelling unit (ADU) is permitted as subordinate to a single-family dwelling; provided, that the following criteria are met:
1. Number of Occupants – The total number of occupants in the principal dwelling unit and the ADU combined shall not exceed the maximum number established for a single-family dwelling as defined in KZC 5.10.300.
2. Owner Occupancy – One of the units must be the principal residence of the property owner(s).
3. Subdivision – Accessory dwelling units shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit.
4. Scale – The square footage of the accessory dwelling unit shall not exceed 40 percent of the primary residence and accessory dwelling unit combined. If the accessory unit is completely located on a single floor, the Planning Director may allow increased size in order to efficiently use all floor area.
Detached accessory dwelling units shall not exceed 800 square feet of gross floor area. The gross floor area shall not include area with less than five feet of ceiling height, as measured between the finished floor and the supporting members for the roof. When calculating the square footage of the ADU (see KZC 5.10.340, definition of “gross floor area”), covered exterior elements such as decks and porches will not be included; provided, the total size of all such covered exterior elements does not exceed 200 square feet. An accessory dwelling unit will be considered to be “detached” from the principal unit if it has any of the following characteristics:
a. It does not share a common roof structure with the principal unit.
b. It is not integrated into the footprint of the principal unit.
c. The design is inconsistent with the existing roof pitch, siding treatment, and window style of the principal unit.
5. Location. The accessory dwelling unit may be added to or included within the principal unit, or located in a detached structure. Detached structures must conform with the setbacks, height restrictions, lot coverage and other applicable zoning regulations required for single-family dwellings in the applicable use zone; provided, that an accessory dwelling unit shall not be considered a “dwelling unit” in the context of Special Regulations in Chapters 15 through 60 KZC which limit the number of detached dwelling units on each lot to one.
6. Entrances. The primary entrance to the accessory dwelling unit shall be located in such a manner as to be clearly secondary to the main entrance to the principal unit and shall not detract from or alter the single-family character of the principal unit.
7. Parking. There shall be one off-street parking space provided for the accessory dwelling unit.
8. WD I and WD III Zones. Properties located in the WD I and WD III zones which develop accessory dwelling units must provide public pedestrian access consistent with the regulations contained in KZC 30.15.020 and 30.35.020 for attached or stacked dwelling units.
9. Market and Norkirk Neighborhoods. Within the Market and Norkirk Neighborhoods, as defined in the Comprehensive Plan, accessory dwelling units are prohibited on lots smaller than the required minimum lot size approved using the small lot single-family and historic preservation subdivision regulations contained in KMC 22.28.042 and 22.28.048.
10. Applicable Codes. The portion of a single-family dwelling in which an accessory dwelling unit is proposed must comply with all standards for health and safety contained in all applicable codes, with the following exception for ceiling height. Space need not meet current Uniform Building Code (UBC) ceiling height requirements if it was legally constructed as habitable space.
11. Permitting
a. Application
1) The property owner shall apply for an accessory dwelling unit permit with the Building Department. The application shall include an affidavit signed by the property owner agreeing to all the general requirements outlined in this section.
In the event that proposed improvements in the accessory dwelling unit do not require a building permit, a registration form for the unit must be completed and submitted to the Planning Department.
2) The registration form as required by the City shall include a property covenant. The covenant must be filed by the property owner with the City for recording with the King County Department of Records and Elections to indicate the presence of the accessory dwelling unit, and reference to other standards outlined in this section. The covenant shall run with the land as long as the accessory dwelling unit is maintained on the property.
3) If an ADU was or is created without being part of a project for which a building permit was or is finaled, an ADU inspection will be required for issuance of an ADU permit. The ADU inspection fee will cover a physical inspection of the ADU. This fee will be waived if the ADU existed on January 1, 1995, and the ADU permit is applied for by December 31, 1995.
b. Eliminating an Accessory Dwelling Unit – Elimination of a registered accessory dwelling unit may be accomplished by the owner filing a certificate with the Planning Department, or may occur as a result of enforcement action.
c. Preexisting Units – That portion of a single-family residence which meets the definition of accessory dwelling unit which existed on January 1, 1995, may be legally established, and not subject to zoning violation fines, if the following requirements are met:
1) An application for an accessory dwelling permit is filed by December 31, 1997;
2) The accessory dwelling unit is determined to meet the requirements of this section, as well as the other code requirements referred to in KZC 115.65(5)(g).
d. Appeals. An applicant may appeal to the Hearing Examiner the decision of the Planning Official in denying a request to construct an accessory dwelling unit. A written notice of appeal shall be filed with the Planning Department within 14 calendar days of the date the Planning Official’s decision was mailed or otherwise delivered to the applicant. The City shall give notice of the hearing to the applicant at least 17 calendar days prior to the hearing. The applicant shall have the burden of proving the Planning Official made an incorrect decision. Based on the Hearing Examiner’s findings and conclusions, he or she may affirm, reverse, or modify the decision being appealed.
115.08 Accessory Structure (Detached Dwelling Unit Uses Only)
Structures, to be used as a tool shed, greenhouse, private garage, accessory dwelling unit, barn or similar use are permitted. The total size of all such structures may not exceed the gross floor area of 1,200 square feet plus 10 percent of the lot area that exceeds 7,200 square feet. The gross floor area shall not include area with less than five feet of ceiling height, as measured between the finished floor and the supporting members for the roof. The height (roof peak elevation) of an accessory structure may not exceed 15 feet above the existing height (roof peak elevation) of the primary residence or 25 feet above average building elevation, whichever is less. An accessory structure which contains an accessory dwelling unit must also comply with KZC 115.07.
115.10 Accessory Uses, Facilities and Activities
1. General – Accessory uses, facilities and activities normally associated with a use listed as a permitted use in a zone are permitted as part of that permitted use. The accessory use, facility or activity must be clearly secondary to the permitted use.
2. Authority of the Planning Director – The Planning Director is specifically authorized to determine if a particular accessory use, facility or activity is normally associated with a particular permitted use and if a particular accessory use, facility or activity is clearly secondary to the permitted use.
3. Exceptions and Limitations – This code establishes specific limitations and regulations for some accessory uses and facilities for some uses in some zones. Where applicable, those specific regulations supersede the general statement of subsection (1) of this section.
4. On-Site Hazardous Waste Treatment and Storage – Pursuant to Chapter 70.105 RCW, on-site hazardous waste treatment and storage facilities are considered accessory facilities in all zones, except residential, that allow the processing or handling of hazardous substances. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210, and/or all applicable DOE standards.
5. Family Child-Care Home – Pursuant to Chapter 43.215 RCW, a family child-care home is a permitted accessory use in any residential or commercial zone which allows residential use. A family child-care home shall be subject to the following regulations:
a. The family child-care home is subject to the requirements established by the Washington State Department of Early Learning (DEL) (WAC Title 170).
b. The family child-care provider shall be licensed by DEL to operate a family child-care home.
c. A safe passenger loading area as certified by the DEL licensor shall be provided.
d. The family child-care home shall comply with all applicable building, fire, safety, and health codes enforced by the City.
e. The family child-care home shall comply with all applicable use regulations of the Kirkland Zoning Code.
f. All signage shall conform with the applicable requirements of Chapter 100 KZC.
g. The City has the authority to limit the hours of operation to facilitate neighborhood compatibility.
h. Prior to receiving State licensing, the family child-care provider shall provide the City with proof of written notification informing immediately adjoining property owners of the intent to locate and maintain the family child-care home. The notification shall:
1) Inform the notified parties that comments may be submitted to the Department of Early Learning; and
2) Provide contact information for submitting such comments to the Department of Early Learning.
The proof of notification shall be in the form of a written affidavit containing:
1) The date and means of notification;
2) A copy of the notification; and
3) A list of the parties to whom the notification was distributed.
115.15 Air Quality Regulations
1. State Regulation – Air quality is regulated by the Washington Clean Air Act, Chapter 70.94 RCW. Any inquiry, complaint, or violation regarding air quality will be referred to the Puget Sound Air Pollution Control Authority.
2. Public Nuisance – Any emission of air contaminants which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life, or in the use of property, is a violation of this code.
115.20 Animals in Residential Zones
1. General – This section establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted.
2. Types of Animals – Animals will be regulated according to the following categories:
a. Household Pets – The following animals will be regulated as household pets:
1) Three dogs or less per dwelling unit.
2) Three cats or less per dwelling unit.
3) A total of four dogs and cats per dwelling unit.
4) Four rabbits or less per dwelling unit.
5) Gerbils.
6) Guinea pigs.
7) Hamsters.
8) Mice.
9) Cage birds.
10) Nonvenomous reptiles and amphibians.
11) Other animals normally associated with a dwelling unit, and which are generally housed within the dwelling unit.
b. Small Domestic Animals – The following animals will be regulated as small domestic animals:
1) More than three dogs per dwelling unit.
2) More than three cats per dwelling unit.
3) More than a total of four dogs and cats per dwelling unit.
4) More than four rabbits per dwelling unit.
5) Fowl.
c. Large Domestic Animals – The following animals will be regulated as large domestic animals:
1) Horses.
2) Cattle.
3) Sheep.
4) Pigs.
5) Goats.
6) Other grazing or foraging animals.
d. Bees
3. Other Regulations – Nothing in this section eliminates the need to comply with King County animal control regulations, state law regulating the keeping of animals, and any other ordinance of the City of Kirkland regulating the keeping of animals.
4. Minimum Requirements – The applicant shall comply with the requirements contained within the chart at the end of this section regarding the keeping of animals in any zone where a dwelling unit is permitted.
5. Bonds – The City may require a bond under Chapter 175 KZC to ensure that the subject property is maintained in a clean condition.
TYPE
OF
ANIMAL
↓
REGULATIONS
Required Review
ProcessMAXIMUM
MINIMUMS
Special Regulations
Number of Adult Animals
Lot Size
Setback
↓
Household Pets
None
Per Dwelling Unit
Dogs: 3Cats: 3
Dogs and
Cats: A total of 4 animalsRabbits: 4
Other: No
maximumAs required for a dwelling unit in the zone in which the subject property is located.
Structures and pens must be at least 5' from each property line.
1. Household pets, excluding dogs, cats, and rabbits, must be housed within the dwelling unit. If housed outside of the dwelling units, household pets, excluding dogs, cats, and rabbits, will be regulated as small domestic animals.
Small Domestic Animals
None
20 per 35,000 sq. ft. of lot area and 1 per each additional 500 sq. ft. of lot area.
35,000 sq. ft. per dwelling unit.
Structures and pens used to house animals must be at least 40' from each property line.
1. The City may limit the number of animals allowed to less than the maximum considering:
a. Proximity to dwelling units both on and off the subject property; and
b. Lot size and isolation; and
c. Compatibility with surrounding uses; and
d. Potential noise impacts.
2. The applicant must provide a suitable structure or pen to house the animals, and must maintain that structure or pen in a clean condition.
Large Domestic Animals
If lot size is less than 35,000 sq. ft., then Process I, Chapter 145 KZC
Otherwise none
2 per 35,000 sq. ft. of lot area and 1 per each additional 17,500 sq. ft. of lot area
If lot size is less than 35,000 sq. ft., then only 1 horse
35,000 sq. ft. per dwelling unit
May be less if approved through Chapter 145 KZC, Process I
Structures and pens used to house animals must be at least 40' from each property line subject to Special Regulation 1.
Roaming, grazing areas and horse paddock areas must be at least 20' from each property line, subject to Special Regulation 1.
1. If an abutting property owner files a signed and notarized statement in support of the request, the City may permit areas for roaming or grazing, horse paddock areas and structures or pens to extend into the property line in common with the abutting property; provided, that the structure or pen complies with all other regulations pertaining to setback in that zone.
2. The City may limit the number of animals allowed to less than the maximum considering:
a. Proximity to dwelling units both on and off the subject property; and
b. Lot size and isolation; and
c. Compatibility with surrounding uses; and
d. Potential noise impacts.
3. The applicant must provide a suitable structure or pen to house the animals, and must maintain that structure or pen in a clean condition.
4. No outdoor manure pile may be placed closer than a point equidistant to any adjacent residential structure.
5. For residential lots containing one or more horses other than those regulated below in Special Regulation 6, each lot must contain an area of at least 14,500 sq. ft. capable of being used as a horse paddock area and configured in a contiguous and usable manner to accommodate the feed storage and manure pile for two horses. This area must be exclusive of any structures, including storage sheds, barns, residential units and carports. Direct access to this area must be available for trucks to deliver feed and pick up manure from an alley, easement, or an adjacent right-of-way across a side yard of the lot.
6. For residential lots in RS 35 and RSX 35 Zones within the Bridle Trails neighborhood north of Bridle Trails State Park or residential lots in PLA 16 which are not part of a recorded master plan, the required review process shall be “None,” and the maximum number of adult animals and minimum lot size and setback regulations shall not apply. Instead, the following regulations shall apply:
a. Up to two additional horses may be kept on a residential lot, providing that an additional 3,000 square feet of paddock area is available for each additional horse.
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Large Domestic Animals
(Continued)
b. Each residential lot must contain an area of at least 10,000 permeable square feet for the purpose of accommodating two horses, capable of being used for or easily converted to a paddock area and barn, having a minimum width of 40 feet and configured in a contiguous and usable manner to accommodate the feed, storage and manure pile. “Configured in a contiguous and usable manner” shall mean an area, uninterrupted by non-paddock area, having a shape as close to square or rectangular as possible. While the minimum width allowed is 40 feet, the majority of the area must have a width of at least 80 feet. The Planning Official is authorized to approve minor deviations from the required dimensions and/or shape of the paddock area due to pre-existing improvements and/or size, shape, or topography of the property.
c. The area used or reserved for paddock area must be pervious and exclusive of any structures or improvements (except livestock barns) such as storage sheds, residential units, carports, decks, patios, swimming pools, ponds, sports courts, rockeries, or paving, but may contain easily removed features such as children’s play equipment, landscaping, trellises, and flagpoles, as long as such features are not embedded in concrete or otherwise permanently mounted. The area shall not be located over a septic tank, drain field, or reserve drain field. Paddock areas shall not be located on steep slopes (over 15 percent grade) or in areas regulated under Chapter 90 KZC, Drainage Basins.
d. Direct access to the paddock area must be available to deliver feed and pick up manure from an alley, an easement or an adjacent right-of-way across a side yard of the lot. The access route shall have a minimum unobstructed width of 15 feet and a grade no greater than 12 percent, except that for the first 15 feet in back of the existing or future curb line the grade shall not exceed six percent. Any portion of an access route located within an adjacent equestrian trail easement shall not be paved, but may be surfaced with gravel up to 5/8-inch size.
e. The paddock areas must be set back five feet from each property line which abuts a school use or a residential zone other than RS 35, RSX 35 or PLA 16.
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Large Domestic Animals
(Continued)
f. The paddock areas must be set back 10 feet from habitable dwellings and five feet from significant improvements outside the paddock area, such as swimming pools, sports courts, decks and patios. Livestock barns must be set back 40 feet from habitable dwellings.
g. Livestock barns permitted within the designated paddock area may not exceed 1,200 square feet in footprint, excluding covered overhangs, and must be designed solely for housing of animals and storage of tack, feed, shavings or ancillary equipment.
h. Special Regulations 2, 3, and 4 also apply to these zones.
i. Interpretations of the Zoning Code which directly or indirectly involve application of regulations about horse paddock areas shall be liberally construed in favor of an equestrian character for the neighborhood.
Bees
None
Lots containing 15,000 sq. ft. or less: Maximum of two hives.
Lots containing more than 15,000 sq. ft. but less than 35,000 sq. ft.: Maximum of 5 hives.
Lots containing 35,000 sq. ft. or more: Maximum of 15 hives.
7,200 sq. ft.
Hive must be at least 25' from any property line. See also Special Regulation 5.
1. Colonies shall be in movable frame hives.
2. Adequate space shall be maintained in the hive to prevent overcrowding and swarming.
3. Colonies shall be requeened following any swarming or aggressive behavior.
4. All colonies shall be registered with the Wash. State Dept. of Agriculture, Plant Services Division, 406 General Administration Building, Olympia, WA 98504, prior to April of each year.
5. Hives may be located closer than 25' to any property line if:
a. Situated eight feet or more above adjacent ground level; or
b. Situated less than six feet above adjacent ground level and behind a solid fence or hedge six feet in height parallel to any property line within 25 feet of the hive and extending at least 20 feet beyond the hive in both directions.
6. Bees living in trees, buildings, or any other space except in movable frame hives; abandoned colonies or diseased bees shall constitute a public nuisance.
In addition to the maximum number of adult animals permitted, offspring from one female are permitted at any given time until those offspring are able to survive independently.
115.23 Common Recreational Space Requirements for Certain Residential Uses
1. General – Residential developments identified herein by zone and use listing shall comply with the common recreational space requirements of this section:
a. RM Zone: “Detached, Attached, or Stacked Dwelling Units,” KZC 20.10.020;
b. PR Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 25.10.020;
c. NRH 5 Zone: “Detached, Attached or Stacked Dwelling Units (Stand Alone or Mixed with Office Uses),” KZC 54.36.010;
d. NRH 6 Zone: “Detached, Attached or Stacked Dwelling Units (Stand Alone or Mixed with Office Uses),” KZC 54.42.010;
e. PLA 5A Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.32.020;
f. PLA 5B Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.37.020; and “Development Containing Stacked or Attached Dwelling Units and Office Uses,” KZC 60.37.040;
g. PLA 5C Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.42.020; and “Development Containing Stacked or Attached Dwelling Units and Office Uses,” KZC 60.42.040;
h. PLA 5D Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.47.020;
i. PLA 5E Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.52.020;
j. PLA 6A Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.57.020;
k. PLA 6B Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.62.020; and “Development Containing Stacked or Attached Dwelling Units and Office Uses,” KZC 60.62.040;
l. PLA 6D Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.72.020;
m. PLA 6F Zone: “Detached, Attached or Stacked Dwelling Units,” KZC 60.82.020;
n. PLA 6G Zone: “Attached or Stacked Dwelling Units,” KZC 60.87.130;
o. PLA 6H Zone: “Detached, Attached, or Stacked Dwelling Units,” KZC 60.92.020;
p. PLA 6I Zone: “Detached, Attached, or Stacked Dwelling Units,” KZC 60.97.020;
q. PLA 6J Zone: “Detached, Attached, or Stacked Dwelling Units,” KZC 60.102.020;
r. PLA 6K Zone: “Detached, Attached, or Stacked Dwelling Units,” KZC 60.107.020;
s. PLA 7A, 7B, 7C Zones: “Detached, Attached, or stacked Dwelling Units,” KZC 60.112.020; and
t. PLA 17 Zone: “Attached or Stacked Dwelling Units,” KZC 60.187.020.
2. If a proposed use or development activity identified in subsection (1) of this section will contain four or more units, then it must contain at least 200 square feet per unit of common recreational space usable for many activities. This required common recreational open space must have the following minimum dimensions:
a. For four to 20 units, the open space must be in one or more pieces each having at least 800 square feet and having a length and width of at least 25 feet.
b. For 21 units or more, the open space must be in one or more pieces having a length and width of at least 40 feet.
c. The required common recreational open space may be reduced to 150 square feet per unit if permanent outdoor furniture, pool, cooking facilities, playing equipment, and/or a recreation building are provided in the common open space. The City shall determine if these outdoor provisions provide comparable recreational opportunities as would the open space that is reduced, based on the number of residents that they would serve at one time. Also, the required minimum dimension for the open space containing these outdoor provisions may also be reduced in proportion to the reduced open space area.
115.25 Development Activities and Heavy Equipment Operation – Limitations On
1. General – It is a violation of this code to engage in any development activity or to operate any heavy equipment before 7:00 a.m. or after 8:00 p.m., Monday through Friday, or before 9:00 a.m. or after 6:00 p.m. Saturday. No development activity or use of heavy equipment may occur on Sundays or on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
2. a. Exception – The Planning Official may grant written permission to engage in a development activity or to operate heavy equipment outside of the hours established by subsection (1) of this section if either:
1) The activity or operation will not impact any residential use; or
2) The permission will facilitate the construction of publicly funded improvements that will serve the general population of the City of Kirkland and such permission is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the general public.
b. The Planning Official may limit the hours of operation permitted under subsection (1) of this section, if:
1) The reduced hours will best serve the public’s health, safety and welfare; or
2) There have been substantial verifiable complaints received by the Planning Department that the operation of heavy equipment or development activity is interfering with the health and repose of residents of a residential use which is permitted in the zone in which the operation of heavy equipment or development activity is located.
If the Planning Official determines that the hours of operation on a site should be limited pursuant to subsections (2)(b)(1) or (2) of this section, he/she shall provide written notice to the owner of the property affected by this decision one week prior to the imposition of the restriction. The Planning Official shall have the right to repeal this restriction at any time it can be shown that the use of heavy equipment or development activity can and will be conducted so as not to be contrary to subsections (2)(b)(1) and (2) of this section.
115.30 Distance Between Structures/Adjacency to Institutional Use
1. Distance Between Structures
a. Apply to:
1) Calculation of F.A.R. for detached dwelling units in low density zones, and
2) Regulation of maximum horizontal facade (See KZC 5.10.507 for definition).
b. General – For purposes of the regulation in this code regarding maximum horizontal facade for any use in any zone to which the maximum horizontal facade limitations apply, and F.A.R. calculation for detached dwelling units in low density residential zones only, two structures will be treated and considered as one structure if any elements of the structures, other than as specified in subsection (1)(c) of this section, are closer than 20 feet to each other. In addition, two structures connected by a breezeway or walkway will be regulated as one structure if any element of the breezeway or walkway is higher than 10 feet above finished grade.
c. Exceptions
1) Elements of a structure no higher than 18 inches above finished grade may be closer than 20 feet to another structure.
2) Chimneys, bay windows, greenhouse windows, eaves, cornices, awnings and canopies may extend 18 inches from each structure toward the other.
3) Detached dwelling units approved and constructed as a “Detached, Attached, or Stacked Dwelling Unit” are excluded from horizontal facade regulations if they are separated by at least 10 feet.
4) Porches and stairs may extend five feet from each structure toward the other if:
a) The porch is no higher than one story and the finished floor of the porch is no more than four feet above finished grade;
b) Three sides of the porch are open;
c) No deck, balcony, or living area will be placed on the roof of the porch; and
d) The width of the porch will not exceed 50 percent of the facade to which it is attached.
e) Allowed exceptions to the above criteria are:
i) Solid walls or railings may extend up to 42 inches above the porch floor; and
ii) Eaves on the porch roof may extend an additional 18 inches beyond the porch.
2. Adjacency to Institutional Uses – If a structure is located adjacent to an institutional use which is located in a low density zone, the maximum horizontal dimension provision of 50 feet may be waived by the Planning Director.
115.35 Erosion and Sedimentation Regulation
It is a violation of this code for the owner of the subject property to create, allow or perpetuate conditions on the subject property which cause the erosion or undermining of adjacent property. It is also a violation of this code for the owner of the subject property to create, allow or perpetuate a condition which causes the deposition of sediments or the movement of other geologic materials onto adjacent property.
115.40 Fences
1. General
a. Fences not over six feet in height may be anywhere on the subject property except:
1) A fence may not be within 15 feet of any street curb, or the edge of the street pavement, if no curb exists; or
2) If the applicant can show with a survey, or other reasonable means, the location of his/her property line, the fence can be placed on the property line regardless of the distance from a street curb or the edge of the pavement.
3) A fence may not violate the provisions of KZC 115.135.
4) A detached dwelling unit abutting a neighborhood access or collector street may not have a fence over 3.5 feet in height within the required front yard.
On corner lots with two required front yards, this restriction shall apply only within the front yard adjacent to the front facade of the structure.
5) No fence may be placed within a high waterline setback yard or within any portion of a north or south property line yard which is coincident with the high waterline setback yard.
b. Fences over six feet in height may not be located in a required setback yard. See KZC 115.115, Required Yards, for regulations relating to fences on retaining walls.
c. The Planning Official may approve a modification to the fence height requirements, if:
1) The modification is necessary because of the size, configuration, topography or location of the subject property; and
2) The modification will not have any substantial detrimental effect on abutting properties or the City as a whole.
2. Barbed Wire – Barbed wire is permitted only atop a fence or a wall at least six feet in height.
3. Electrified Fences – Electrified fences are not permitted in Kirkland, except to contain large domestic animals (see KZC 115.20(2)(c)). All electric fences and appliances, equipment, and materials used in connection therewith shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer’s specifications and in compliance with the latest edition of the National Electrical Code. Furthermore, electrified fences must be located at least 18 inches on the inside of wood fences when located along any property line. In addition, all electric fences shall be posted with permanent signs which are a minimum of 36 square inches in area at intervals of 15 feet along the fence stating that the fence is electrified.
115.42 Floor Area Ratio (F.A.R.) Calculation for Detached Dwelling Units in Low Density Residential Zones
1. Gross floor area for purposes of calculating F.A.R. and maximum floor area for detached dwelling units in low density residential zones does not include the following:
a. Attic area with less than five feet of ceiling height, as measured between the finished floor and the supporting members for the roof.
b. Floor area with a ceiling height less than six feet above finished grade. The ceiling height will be measured to the top of the structural members for the floor above. The finished grade will be measured along the outside perimeter of the building (see Plate 23).
c. On lots less than 8,500 square feet, the first 500 square feet of an accessory dwelling unit or garage contained in an accessory structure, when such accessory structure is located more than 20 feet from and behind the main structure (see KZC 115.30 for additional information on the required distance between structures); provided, that the entire area of an accessory structure, for which a building permit was issued prior to March 6, 2007, shall not be included in the gross floor area used to calculate F.A.R. For purposes of this section, “behind” means located behind an imaginary plane drawn at the back of the main structure at the farthest point from, and parallel to, the street or access easement serving the residence.
d. On lots greater than or equal to 8,500 square feet, the first 800 square feet of an accessory dwelling unit or garage contained in an accessory structure, when such accessory structure is located more than 20 feet from and behind the main structure (see KZC 115.30 for additional information on the required distance between structures); provided, that the entire area of an accessory structure, for which a building permit was issued prior to March 6, 2007, shall not be included in the gross floor area used to calculate F.A.R.
e. Uncovered and covered decks, porches, and walkways.
2. Floor area with a ceiling height greater than 16 feet shall be calculated as follows:
a. The first 100 square feet of such floor area, in aggregate, shall be calculated only once toward allowable F.A.R.;
b. Floor area in excess of the first 100 square feet shall be calculated at twice the actual floor area toward allowable F.A.R.
3. This section is not effective within the disapproval jurisdiction of the Houghton Community Council.
115.43 Garage Setback Requirements for Detached Dwelling Units in Low Density Zones (Effective Through May 17, 2008)
1. In a low density zone, the garage must be set back five feet from the remaining portion of the front facade of a dwelling unit, if:
a. The garage door is located on the front facade of the dwelling unit; and
b. The lot is at least 50 feet wide at the front setback line; and
c. The garage width exceeds 50 percent of the combined dimensions of the front facades of the dwelling unit and the garage.
2. In measuring the garage setback, the front facade of the dwelling unit shall include covered entry porches that extend across 100 percent of the remaining front facade, but shall not include other elements that are allowed to extend into the required front yard, pursuant to KZC 115.115.
3. This section is not effective within the disapproval jurisdiction of the Houghton Community Council.
115.43 Garage Requirements for Detached Dwelling Units in Low Density Zones (Effective Beginning May 18, 2008)
1. Purpose and Intent – The intent of these regulations is to minimize the appearance of the garage when viewing the front facade of a house. To achieve this result, the following principles apply:
a. The garage doors, whenever practicable, should not be placed on the front facade of the house;
b. If the garage doors are on the front facade, the garage should be set back from the plane of the front facade closest to the street, access easement or tract;
c. The width of the garage face generally should be no more than the width of the remainder of the front facade; and
d. Garages with garage doors perpendicular to the street, access easement or tract (side-entry garages) should not have a blank wall on the front facade.
2. General Requirements
a. Detached dwelling units served by an open public alley, or an easement or tract serving as an alley, shall enter all garages from that alley;
b. Side-entry garages shall minimize blank walls by incorporating architectural details or windows on the front facade that complement the features of the remainder of the front facade.
3. Additional Requirements for Garages with Garage Doors on the Front Facade of the Detached Dwelling Unit
a. The required front yard for the garage shall be eight feet greater than the required front yard for the remainder of the detached dwelling unit (not including covered entry porches approved under KZC 115.115(3)(n)).
b. The garage width shall not exceed 50 percent of the total width of the front facade. (This standard shall not apply if the lot width, as measured at the back of the required yard for the front facade, is less than 55 feet.)
c. For purposes of this section, the width of the front facade shall not include those items located along the side facades described in KZC 115.115(3)(d), even if they are outside of a required yard.
4. Exemptions – The following are exempt from the requirements of subsection (3) of this section:
a. Houses on flag lots;
b. Houses with below-grade garages. For purposes of this exemption, a “below-grade garage” is one that has at least 75 percent of the area of the garage doors below the midpoint elevation(s) of the street, access easement or tract as it passes along the front of the garage.
5. Deviation From Requirements – The Planning Official may allow deviations from the requirements of this section if the following criteria are met:
a. The modification is necessary because of the size, configuration, topography or location of the subject property; and
b. The modification supports the purpose and intent of the garage setback regulations; and
c. The modification includes design details that minimize the dominant appearance of the garage when viewed from the street, access easement or tract (for example, casings; columns; trellises; windows; surface treatments or color; single-stall doors; door offsets; narrowed driveway widths; and/or enhanced landscaping); and
d. The modification will not have any substantial detrimental effect on nearby properties and the City as a whole.
6. This section is not effective within the disapproval jurisdiction of the Houghton Community Council.
115.45 Garbage and Recycling Receptacles – Placement and Screening
1. Placement – Garbage and recycling receptacles must comply with the following:
a. Be set back a minimum of five feet from side property lines, 10 feet from rear property lines and 10 feet from front property lines; or
b. Comply with the setbacks established for the use with which they are associated;
c. Be located outside landscape buffers required by Chapter 95 KZC;
d. Be located to minimize visibility from any street, pedestrian walkway, or public park.
2. Screening – Garbage and recycling receptacles must be screened from view from the street and from adjacent properties by a solid screening enclosure.
3. Exemptions – Garbage receptacles for detached dwelling units, duplexes, moorage facilities, parks, and construction sites are exempt from the placement and screening requirements of this section.
115.47 Loading and Service Areas Placement and Screening
Loading and service areas must be located so they are not visible from any street or pedestrian walkway. If that location is not physically possible, loading and service areas must be screened from public view using a compact evergreen hedge, a solid wall or fence, or in a manner approved by the Planning Official.
115.50 Glare Regulation
Any artificial surface which produces glare which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life, or in the use of property, is a violation of this code.
115.55 Heat Regulation
Heat generated by any activity or operation on the subject property which annoys; injures; endangers the comfort, repose, health or safety of persons on abutting properties or streets; or in any way renders persons insecure in life or in the use of abutting property or streets is a violation of this code.
115.59 Height Regulations – Calculating Average Building Elevation (ABE)
1. General – ABE shall be calculated using the following formula:
ABE = (Mid-point Elevation) x (Length of Segment) +
(Mid-point Elevation) x (Length of Segment)
(Length of Segment) + (Length of Segment)(See Plates 17A and 17B. The permit applicant may choose whether to use the simplified calculation as depicted in Plate 17A, Option 1, or the more complicated calculation as depicted in Plate 17B, Option 2.)
For both options, the ABE segments shall include decks and porches, unless the deck or porch has no walls at or below the deck level and no roof above the deck or porch, as well as cantilevered portions of a building which enclose interior space.
For Option 1, those items allowed to extend into required yards through KZC 115.115(3)(d) shall not be included within the square or rectangle.
For Option 2, those items allowed to extend into required yards through KZC 115.115(3)(d) shall be included in the wall segments.
For calculation of mid-point elevation, existing predevelopment grades shall be used, unless fill has been placed on the site, whether legally or illegally, within a 10-year period prior to the development application, in which case the grades prior to the placement of the fill shall be used.
2. Attached but Independent Building Units – When a building or structure contains townhouses or other attached but otherwise independent building units, the ABE is calculated separately for each unit.
3. Partially Underground Structures or Improvements – Building wall segments more than four feet in height above finished grade and enclosing interior space shall be included in the height calculations.
115.60 Height Regulations – Exceptions
1. General – No element or feature of a structure, other than as listed in subsection (2) of this section, may exceed the applicable height limitation established for each use in each use zone in Chapters 15 through 60 KZC.
2. Exceptions
a. Detached Dwelling Units
1) Vents and chimneys for a detached dwelling unit may exceed the maximum height limit.
2) Skylights may exceed the height limit by a maximum of six inches.
3) Rod, wire and dish antennas, to the extent they do not constitute personal wireless service facilities, which are subject to the provisions of Chapter 117 KZC, may not be placed above the maximum height allowed for any structure unless approved by the Planning Director. The City will approve the application if it can be demonstrated that views across the subject property are not substantially impaired and that the antenna must be placed above the roofline in order to function properly. The decision of the Planning Director in approving or denying a rod, wire, or dish antenna may be appealed using the appeal provision, as applicable, of Process I, KZC 145.60.
For the purposes of this subsection, “dish antenna” includes any antenna, whether or not it is of solid or mesh construction, designed or constructed so that the horizontal dimension of its microwave reflector or collector face equals or exceeds 30 percent of its vertical dimension. The phrase “rod or wire antenna” includes those antennas not falling within the definition of dish antenna and antennas for use by licensed amateur radio operators.
b. Other Structures
1) Rooftop appurtenances and their screens, subject to KZC 115.120, including roof forms pursuant to KZC 115.120(3).
2) The provisions in Chapter 117 KZC related to personal wireless service facilities supersede the provisions of this section to the extent an appurtenance falls within the definition of a personal wireless service facility.
3) Skylights may exceed the height limit by a maximum of six inches.
c. Radio Tower – A radio tower and antenna structure for use by a noncommercial, licensed amateur operator shall be allowed, if the Planning Official determines that:
1) A reasonable effort is made to minimize radio tower and antenna structure visibility from adjacent properties, while still permitting effective operation; and
2) The radio tower and antenna structure does not extend higher than reasonably necessary to operate effectively; and
3) The radio tower and antenna structure does not physically interfere with nearby utility lines.
Notice of filing application for building or other permit to construct a radio tower and/or antenna shall be given in the manner required by KZC 145.22 as to each such application which shows the proposed tower and/or antenna to either exceed the maximum allowable height for the zone in which it is located, or be within 20 feet of an electrical power or telecommunication utility line.
Any person believing a radio tower or antenna structure does not comply with the foregoing may request in writing a determination of compliance from the Planning Director, providing such request is filed with the City and a copy delivered to the permit applicant within 14 days of the date of publication of the notice of filing. The Planning Director shall make such determination utilizing Process I described in Chapter 145 KZC. In making his determination, the Planning Director shall take into consideration the strong federal interest in promoting amateur communications and the rules adopted by the Federal Communications Commission in support of that interest to regulate the amateur service (47 CFR Part 97 and FCC PRB-1).
d. Structures Requiring Design Review – If a structure is reviewed through design review pursuant to Chapter 142 KZC and has a peaked roof, the peak may extend the following amount above the height limit:
1) Five feet, if the slope of the roof is equal to or greater than three feet vertical to 12 feet horizontal; or
2) As allowed by the underlying zone.
115.65 Home Occupations
1. Purpose – The purpose of this section is to allow limited commercial activity incidental to residential use of a dwelling unit while ensuring all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential neighborhoods.
2. Applicability – Home occupations are allowed as an accessory use to the residential use of a single-family, multifamily, or accessory dwelling unit, subject to the requirements of this chapter. A business license shall be required for all home occupations.
3. Residency – The location of the home occupation must be the principal residence of the person(s) conducting the home occupation.
4. Standards for Home Occupations – A home occupation may be conducted if it:
a. Is carried on by residents of the dwelling unit and, in addition, may involve no more than two other business participants visiting the dwelling unit (or, for properties that contain an accessory dwelling unit, visiting the property) per day. “Other business participants” shall include non-family employees and independent contractors;
b. Has no outside storage, including equipment stored on vehicles;
c. Requires no alteration to the interior or exterior of the dwelling that changes its residential character;
d. Does not involve activities, including but not limited to the use of heavy equipment, power tools, power sources, hazardous materials, or other equipment or materials that result in noise, vibration, smoke, dust, odors, heat, traffic, parking, or other conditions that exceed, in duration or intensity, such conditions normally produced by a residential use;
e. Has, in addition to daily mail service, no more than a combined total of three commercial and courier pickups and deliveries at the dwelling unit (or, for properties that contain an accessory dwelling unit, the property) per day, and no more than 10 such pickups and deliveries per week. Said pickups and deliveries shall occur between the hours of 8:00 a.m. and 6:00 p.m.;
f. Occupies no more than 500 square feet of floor area, including any space in an accessory structure;
g. Includes no more than six clients/customers per day and no more than two clients/customers at any time visiting the dwelling unit (or, for properties that contain an accessory dwelling unit, visiting the property) for goods or services. A family arriving in a single vehicle shall be considered one client. Client/customer visits to a home occupation shall be between the hours of 8:00 a.m. and 8:00 p.m. (not applicable to a bed and breakfast house);
h. Operates no more than one vehicle, van, truck or similar vehicle. The vehicle shall not exceed any of the following:
1) A gross vehicle weight of 10,000 pounds;
2) A height of nine feet; and/or
3) A length of 22 feet;
The measurement of vehicle height and length shall include bumpers and any other elements that are required by federal or state law for the operation of the vehicle on public roads; and
i. Has no exterior indication other than one building-mounted, non-illuminated sign with a maximum size of two square feet;
j. For a bed and breakfast house, the following additional regulations apply in addition to those listed above:
1) It is operated by the owner of the dwelling in which it is located and it is the primary residence of the owner/operator;
2) There is a maximum of two guest rooms;
3) Guests stay a maximum of 30 days;
4) Food service shall be limited to serving overnight guests of the establishment. Individual rooms shall not be equipped with cooking facilities;
5) The applicant may be required to provide up to one parking stall per guest room. The applicant shall demonstrate the parking provided will be adequate based on the following criteria:
a) The number of guest rooms;
b) The number of permanent residents of the dwelling proposed for the bed and breakfast;
c) The number of parking stalls that can be accommodated in a garage or driveway; and
d) The number of legal on-street parking stalls immediately adjacent to the bed and breakfast;
6) Concentrations of Bed and Breakfast Houses – Where a bed and breakfast house is proposed within 500 feet of another bed and breakfast house, the applicant shall demonstrate that the neighborhood will not be adversely affected by the concentration.
5. A home occupation which does not meet one or more of the requirements of subsection (4) of this section shall be reviewed under Process I, described in Chapter 145 KZC; provided, that the notice of application required by KZC 145.22(1) shall be distributed pursuant to the provisions of KZC 150.22(2) (Process IIA). An application for a home occupation under this section may be approved if the home occupation:
a. Will not harm the character of the surrounding neighborhood; and
b. Will not include outdoor storage and/or operation of building materials, machinery, commercial vehicles, or tools, except if it meets the following criteria:
1) Is appropriately screened from other properties;
2) Does not emit noise, odor, or heat; and
3) Does not create glare; and
c. Does not create a condition which injures or endangers the comfort, repose, health or safety of persons on abutting properties or streets; and
d. Will not generate excessive traffic or necessitate excessive parking; and
e. Will locate and screen any required or proposed site improvement in a manner that minimizes its view from surrounding properties or adjacent streets.
f. For bed and breakfast houses, there will be a maximum of four guest rooms.
6. Enforcement – Upon determination that there has been a violation of any provision of this section, the City may pursue code enforcement in accordance with the provisions of Chapter 170 KZC, Code Enforcement.
115.70 Junk and Junk Yards Prohibited
It is a violation of this code to accumulate junk or for a property owner or the person in control of property to allow junk to accumulate on the subject property. In addition, a junk yard is not permitted in the City.
115.75 Land Surface Modification
1. General – The applicant shall comply with this section with respect to all land surface modifications.
2. Nature of Fill Materials – All materials used as fill must be nondissolving and nondecomposing. Fill material must not contain organic or inorganic material that would be detrimental to the water quality, or existing habitat, or create any other significant adverse impacts to the environment.
3. A land surface modification is permitted, only if it:
a. Has been approved as part of a valid development permit, subdivision, or substantial development permit; or
b. Is for cemetery graves; or
c. Is in a right-of-way authorized in writing by the Director of the Department of Public Works; or
d. Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where a permit has been issued by the state of Washington, Department of Natural Resources; or
e. Is for exploratory excavations under the direction of a professional engineer licensed in the state of Washington, as long as the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information; or
f. Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way; or
g. Is for excavations for utility service connections to serve existing and/or new structures; or
h. Is for actions which must be undertaken immediately, or within a time too short to allow full compliance with the permit requirements of subsection (4) of this section, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the Planning Official; or
i. Is for the removal of overhanging vegetation and fire hazards as specified in Chapter 9.12 KMC, and the removal of blackberry vines or dead, dangerous, or diseased trees, when authorized by the Building Official; or
j. Is for placement of fill on land owned or controlled by the City; or
k. Complies with all of the following criteria:
1) The subject property contains a permanent building or an active use; and
2) The land surface modification will not change the points where the storm water or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of storm water or groundwater; and
3) The land surface modification is not in a stream, lake, wetland, or required setback therefrom; is not on or within 25 feet of a geologically hazardous area; and is not in an area with soft compressible soils; and
4) The land surface modification is not located on a site for which a development permit, subdivision, or substantial development permit has been submitted or is under review but has not yet been approved; and
5) In any one-year period, not more than 500 cubic yards of fill material is deposited on, excavated and removed from or moved from place to place on the subject property and will not result in more than a two-foot increase or one-foot decrease in average slope. If the subject property is larger than one acre, the limit is 500 cubic yards within each acre; and
6) If the land surface modification is between 100 and 500 cubic yards, the City may require a soils report. If a soils report is required, it shall contain a description of any on- or off-site impacts of the proposed land surface modification on each of the following elements:
a) Slope stability – if the site has an average slope 15 percent or greater;
b) Landslide hazard, sloughing or mud flows;
c) Seismic hazards (based on subclassifications within the Class III risk zone);
d) Erosion hazards;
e) Drainage;
f) Springs or seeps or any other surface water;
g) Groundwater;
h) Flood hazard;
i) Existing vegetation;
The soils report also must contain recommended methods for mitigating identified impacts and a description of how these mitigating measures impact adjacent properties. The City may require implementation of recommendations in the soils report to mitigate identified impacts.
4. The Planning Official may approve a land surface modification which does not comply with subsection (3) of this section if the land surface modification:
a. Except as allowed by Chapter 90 KZC, does not alter or adversely affect streams, lakes, wetlands, or significant trees, either on the subject property or on any other property; and
b. Does not violate any expressed policy of the City; and
c. Either:
1) Is proposed to correct an erosion or drainage problem on an undeveloped site; or
2) Is proposed to create new utility or access corridors; or
3) The subject property contains a permanent building or an active use and in any one-year period more than 500 cubic yards of fill material is deposited on, excavated and removed from, or moved from place to place on the subject property and will not result in more than a two-foot increase or one-foot decrease in average slope. If the subject property is larger than one acre, the threshold is 500 cubic yards within each acre; or
4) The subject property contains a permanent building or an active use and is on or within 25 feet of a regulated slope or is within an area of soft compressible soils; or
5) Is proposed to ensure grading is done to avoid erosion, landslides, or other environmental hazards for a development activity for which a complete building permit application is being processed and a bond for restoration has been submitted. All land surface modification authorized by the Planning Official must be completed no later than October 1st, unless extended by the Building Official. The bond shall be held until all site work associated with the approved building permit is completed.
5. Prior to approving a land surface modification under subsection (4) of this section, the applicant shall submit to the Planning Official:
a. Survey of the subject property;
b. Limits of proposed grading;
c. Tree retention plan;
d. Utility locations;
e. Easement and right-of-way improvement locations;
f. Erosion control/construction phase storm water control plan; and
g. A soils report which contains all elements described in subsection (3)(k)(7) of this section.
6. In approving the LSM, the Planning Official may require measures to mitigate the impacts of the LSM, including but not limited to the following:
a. The limit of grading line shall be clearly marked in the field with the installation of a six-foot-high temporary chain link fence and signage and flagging of trees to be retained.
b. An erosion control siltation fence shall be erected along required setbacks from streams, wetlands, and steep-sloped areas.
7. Appeals – The decision of the Planning Official in approving or denying a land surface modification may be appealed using the appeal provision, as applicable, of Process I, KZC 145.60 through 145.110.
8. Bonds – The City may require the following bonds, per Chapter 175 KZC:
a. A performance bond to guarantee that the land surface modification will conform to City standards; and/or
b. A maintenance bond after the land surface modification is completed.
9. Tree and Plant Restoration
If any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least three to five inches in diameter, if deciduous, as measured one foot above grade or at least 16 feet high, if coniferous, in the immediate vicinity of the damaged or destroyed tree. The City may require the applicant to remove the damaged or destroyed tree.
In addition, if grading or clearing destroys groundcover or shrubbery, the applicant shall hydroseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation.
115.80 Legal Building Site
1. General – It is a violation of this code to erect any structure on or to use or occupy any lot or parcel unless that lot or parcel is a legal building site. A lot or parcel is a legal building site if it meets all of the following criteria:
a. It was created or segregated pursuant to all applicable laws, ordinances and regulations.
b. Except as specified in subsection (2) of this section, it meets the allowable minimum lot size established by this code.
c. It is either adjacent to, or has a legally created means of access to, a street providing access to the lot or parcel.
2. Exception, Detached Dwelling Units – An applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel if:
a. The applicant applies for necessary permits to construct the unit within five years of the date the lot or parcel is annexed into the City and the lot or parcel was a lawfully created lot under King County subdivision and zoning laws; or
b. There is or ever has been a residence on the subject property. At any time, the applicant may remodel, rebuild, or enlarge that one residence; provided, that all other Zoning Code requirements are met; or
c. The lot lines defining the lot or parcel were recorded in the King County Assessors Office prior to May 17, 1972, and the lot or parcel has not simultaneously been owned by the owner of a contiguous lot or parcel which fronts on the same right-of-way subsequent to May 17, 1972.
115.85 Lighting Regulations
1. General Requirements – All interior and exterior lighting in any zone must comply with this section.
a. Efficient Light Sources – Energy-efficient light sources shall be used in any development and use of land.
b. State Code – The requirements of the Washington State Energy Code with respect to the selection and regulation of light sources shall be complied with.
c. Glare from Subject Property Prohibited – The applicant shall select, place and direct light sources so that glare produced by any light source, to the maximum extent possible, does not extend to adjacent properties or to the right-of-way.
2. Exterior Lighting Requirements for the Rose Hill Business District
a. General – In addition to the requirements of subsection (1) of this section, the following regulations contained in this section apply to all exterior lighting to be installed or modified in RH zones within the Rose Hill Business District. The intent of this section is to discourage excessive lighting and to protect low density residential zones from adverse impacts that can be associated with light trespass from nonresidential and medium to high density residential development.
b. Standards – The following standards shall apply to all exterior lighting on buildings, all open air parking areas and equipment storage yards:
1) All exterior building-mounted and ground-mounted light fixtures for open air parking areas, including rooftop parking area light fixtures, shall be directed downward and use “fully shielded cut off” fixtures as defined by the Illuminating Engineering Society of North America (IESNA), or other appropriate measure to conceal the light source from adjoining uses. Manufacturer specification sheets for the lighting fixtures including photometric data shall be included with lighting plans; and
2) All exterior lighting shall be turned off after business hours or 10:00 p.m., whichever is earlier, leaving necessary lighting for site security. Outdoor lighting used for security purposes or to illuminate walkways, roadways, equipment yards, parking lots and building entrances may remain on after 10:00 p.m., provided the following are met:
a) Light fixtures are mounted to a maximum of 12 feet high; and
b) Site illumination does not exceed a uniformity ratio maximum of 15:1, vertical illumination of 0.25 foot-candles and horizontal luminance of 0.5 foot-candles.
3) The maximum mounting height of ground-mounted light fixtures in open air parking areas and equipment storage yards shall be 20 feet. Rooftop parking structures may have light fixtures up to 15 feet in height. Height of light fixtures shall be measured from the finished floor or the finished grade of the parking surface, to the bottom of the light bulb fixture.
4) The maximum uniformity ratio of the illumination on the site shall average 20:1.
5) All development proposed within 100 feet of a low density residential zone shall submit a lighting plan and photometric site plan for approval by the Planning Official. The plan shall meet the requirements of this section and indicate at 20-foot intervals that all site- and building-mounted lighting fixtures will produce a maximum initial luminance value of 0.6 horizontal and vertical foot-candles (as measured at three feet above grade) at the site boundary, and drop to 0.1 foot-candles onto the abutting residential-zoned property as measured within 15 feet from the residential-zoned property line.
c. Compliance – Exterior lighting in the Rose Hill Business District must be brought into compliance with the requirements of this section in any of the following situations:
1) Replacement – The shielding requirements of subsection (2)(b)(1) of this section shall be complied with when any nonconforming light fixture is replaced or moved.
2) Full Compliance – All other requirements of subsection (2) of this section shall be complied with when there is an increase in gross floor area of more than 25 percent to any structure on the subject property.
115.90 Calculating Lot Coverage
1. General – The area of all structures and pavement and any other impervious surface on the subject property will be calculated as a percentage of total lot area. If the subject property contains more than one use, the maximum lot coverage requirements for the predominant use will apply to the entire development.
2. Exceptions
a. Wood decks may be excluded if constructed with gaps between the boards and if there is pervious surface below the decks.
b. An access easement or tract that is not included in the calculation of lot size will not be used in calculating lot coverage for any lot it serves or crosses.
c. For detached dwelling units in low density zones and having a front yard, 10 feet of the width of a driveway, outside of the required front yard, serving a garage or carport; provided, that:
1) This exception cannot be used for flag or panhandle lots;
2) The portion of the driveway excepted from lot coverage calculations shall not exceed 10 percent of the lot area; and
3) The portion of the driveway excepted is not located in an access easement.
d. Grass grid or brick pavers and compact gravel, when installed over a pervious surface, will be calculated as impervious surface at a ratio of 50 percent of the total area covered.
e. Outdoor swimming pools.
f. Pedestrian walkways required by KZC 105.18.
g. Pervious areas below eaves, balconies, and other cantilevered portions of buildings.
h. Landscaped areas at least two feet wide and 40 square feet in area located over subterranean structures if the Planning Official determines, based on site-specific information submitted by the proponent and prepared by a qualified expert, soil and depth conditions in the landscaped area will provide cleansing and percolation similar to that provided by existing site conditions.
i. Retaining walls not immediately adjacent to other impervious areas.
115.95 Noise Regulations
1. Maximum Environmental Noise Levels
a. State Standard Adopted – The City of Kirkland adopts by reference the maximum environmental noise levels established pursuant to the Noise Control Act of 1974, RCW 70.107. See Chapter 173-60 WAC.
b. Watercraft Noise Performance Standards – The City of Kirkland adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise Control Act of 1974, RCW 70.107. See Chapter 173-70 WAC.
c. Availability – These regulations are available for inspection and copying in the Planning Department during regular business hours.
2. Noise – Public Nuisance – Any noise which injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life, or in the use of property, is a violation of this code. The operation of power equipment, including but not limited to leaf blowers, shall be deemed a public nuisance if such operation occurs during the following hours: before 8:00 a.m. or after 8:00 p.m. Monday through Friday, or before 9:00 a.m. or after 6:00 p.m. Saturday, Sunday, or the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
3. Exceptions – Sounds created by emergency generators are exempt from the provisions of this section when:
a. Operating as necessary for their intended purpose during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage;
b. Conducting periodic testing, as required by the manufacturer. Testing shall be limited to the hours after 8:00 a.m. and before 8:00 p.m.
4. Bonds – The City may require a bond under Chapter 175 KZC to insure compliance with the provisions of this section.
115.100 Odor
Any odor which injures; endangers the comfort, repose, health or safety of persons on abutting properties or streets; or in any way renders persons insecure in life, or in the use of abutting properties or streets, is a violation of this code.
115.105 Outdoor Use, Activity and Storage
1. Residential Uses
Uses and activities normally associated with a residential use are allowed unless Chapters 15 through 60 KZC limit outside activity for a residential use in a particular zone. The outdoor storage of firewood may be located within setback yards only if (1) it is stacked immediately adjacent to or within a supporting structure, (2) it is visually screened from adjoining properties by a building, solid screening fence, solid screening enclosure, dense evergreen landscaping, rockery or retaining wall, and (3) the height of the firewood stack does not exceed the greater of six feet or the height of either the supporting structure or visual screen.
2. Commercial and Industrial Nonresidential Uses
a. General – Subject to the requirements of subsections (2)(b) through (f) of this section, the uses and activities that are allowable on a site may be conducted out of doors unless Chapters 15 through 60 KZC limit outside activity for a particular use in a particular zone.
b. Site Plan – The applicant shall submit for approval, to the Department of Planning and Community Development, a site plan drawn to scale consisting of the following items:
1) Locations and dimensions of all structures and fences on site; and
2) Locations and dimensions of all parking and driving areas on site; and
3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas; and
Note: Section 115.105(2)(b) continues on page 699.
4) Locations and description of all existing landscape buffering on site; and
5) The duration of time for which the outdoor use, activity or storage is intended.
c. Specific Use and Development Requirements – The City will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following standards:
1) All outdoor use, activity and storage areas must comply with required buffers for the primary use.
2) A minimum six-foot-high solid screening fence or other appropriate screening approved by the Department of Planning and Community Development is required around the outside edges of the area devoted to the outdoor use, activity or storage. The fence shall be measured above finished grade except when the outdoor storage abuts a sidewalk, in which case the six feet must be above the sidewalk.
3) Outdoor use, activity or storage areas located adjacent to nonresidential zones may be located in the required side and rear setback yards; except, that all outdoor use, activity and storage areas located adjacent to residential zones, or adjacent to residential uses within nonresidential zones, must meet required setbacks for the primary use.
4) If the outdoor storage area is surrounded on all sides by property zoned for industrial use, then the height of the outdoor storage shall not exceed the height of the primary structure. In all other cases, the height of items related to outdoor use, activity or storage shall not exceed six feet above finished grade.
5) The outdoor use, activity or storage area shall not inhibit the safe vehicular and pedestrian movement to, from and on the subject property in accordance with the requirements of the Zoning Code and standards of the Fire Department, Building Department and the Public Works Department.
6) For the purposes of this code, an outdoor use, activity or storage area will be used in calculating the gross floor area of a use or development if this area will be used as an outdoor use, activity or storage area for at least two months in every year; except, that outdoor cafes may be operated for six months before being used in calculating the gross floor area of the use or development.
7) If located on an unimproved area of the site, the underlying ground must be improved as required by the Department of Public Works and Planning and Community Development, and no trees over six inches in caliper may be cut.
d. Exceptions to Outdoor Use, Activity or Storage – The following outdoor uses and activities, when located in commercial and industrial zones, are exempt from the requirements of this section as stated below:
1) Exceptions to subsections (2)(c)(1) through (5) of this section; provided, that a temporary certificate of occupancy from the Building Department is obtained:
a) Outdoor Christmas tree lots and fireworks stands if these uses will not exceed 30 days.
b) Outdoor amusement rides, carnivals and circuses, and parking lot sales which are ancillary to the indoor sale of the same goods and services if these uses will not exceed seven days.
2) See KZC 95.40 for exceptions to subsections (2)(c)(1) and (2)(c)(2) of this section.
e. Modification – The applicant may request a modification of the requirements of subsections (b) through (d) of this section by submitting a written request with their site plan to the Department of Planning and Community Development for review. The Planning Official may approve a modification if:
1) The modification will not create a greater impact on any nearby residential use than would be created without the modification; and
2) The modification will not detract from the character of nearby uses; and
3) The modification will not be injurious to public health, safety or welfare; and
4) The modification complies with the Comprehensive Plan.
f. Appeals of Outdoor Use, Activity and Storage Modification Requests
1) Who Can Appeal – Any person who is aggrieved by a determination regarding a modification for outdoor use, activity or storage may appeal that determination at any time.
2) How To Appeal – The applicant must file a letter of appeal indicating how the determination affects his/her property and present any relevant arguments or information on
the correctness of the determination. The applicant shall include the appeals fee as established by ordinance.
3) Applicable Procedures – All appeals and determinations of this chapter will be reviewed and decided upon using Process IIA described in Chapter 150 KZC.
115.110 Radiation
Ionizing radiation is defined and regulated by the state of Washington pursuant to Chapter 70.98 RCW. Any complaint, inquiry, or violation regarding ionizing radiation within the City of Kirkland will be referred to the Department of Social and Health Services.
115.115 Required Yards
1. General – This section establishes what structures, improvements, and activities may be in or take place in required yards as established for each use in each zone in Chapters 15 through 60 KZC.
2. Exceptions and Limitations in Some Zones – Chapters 15 through 60 KZC contain specific regulations regarding what may be in or take place in required yards. Where applicable, those specific regulations supersede the provisions of this section.
3. Structures and Improvements – No improvement or structure may be in a required yard except as follows:
a. A driveway and/or parking area subject to the standards of KZC 115.115(5).
b. Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard; provided, that minor utility structures such as transformers, telephone poles, guide wires, and electrical boxes may be located anywhere within a required setback if there is no feasible location within the public right-of-way and prior approval of the City is obtained; and provided further, that any franchise agreement between the City and a utility company shall supersede this section. A bridge is allowed anywhere in a required setback yard regardless of its height above finished grade.
c. An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard.
d. Chimneys, bay windows, greenhouse windows, eaves, cornices, awnings, and canopies may extend up to 18 inches into any required yard, subject to the limitations of this section. Eaves on bay windows may extend an additional 18 inches beyond the bay window. The total horizontal dimension of the elements that extend into a required yard, excluding eaves and cornices, may not exceed 25 percent of the length of the facade of the structure. Except for properties located within the disapproval jurisdiction of the Houghton Community Council, chimneys, bay windows, greenhouse windows, cornices, awnings, and/or canopies attached to dwelling units and their accessory structures located in low density zones in which the floor area ratio regulations of KZC 115.42 apply may not extend closer than four feet to any property line. See Plate 10.
e. Minor improvements such as garden sculpture, light fixtures, trellises and similar decorative structures may be located in required yards if it is determined by the Planning Official that they will not have any substantial detrimental effect on abutting properties or the City as a whole.
f. Fences and railings may be located in required yards subject to the fence regulations contained within this chapter.
g. Rockeries and Retaining Walls
1) Rockeries and retaining walls may be a maximum of four feet high in a required yard.
The Planning Official may approve a modification to that height limit if it is necessary because of the size, configuration, topography or location of the subject property, and either:
a) The design of the rockery or retaining wall includes terraces deep enough to incorporate vegetation, or other techniques that reduce the visual mass of the wall; or
b) The modification will not have any substantial detrimental effect on abutting properties or the City as a whole.
2) The combined height of fences and retaining walls within five feet of each other in a required yard may be a maximum of six feet.
The Planning Official may approve a modification to the combined height limit for fences and retaining walls if:
a) An open guard railing is required by the Building Code and the height of the guard railing does not exceed the minimum required; or
b) The modification is necessary because of the size, configuration, topography or location of the subject property, and either:
i. The design of the rockery or retaining wall includes terraces deep enough to incorporate vegetation or other techniques that reduce the visual mass of the wall, and the fence is designed to be no more than 50 percent solid; or
ii. The modification will not have any substantial detrimental effect on abutting properties or the City as a whole.
h. Improvements associated with shoreline public use and access areas may be located in any required yard. The landward end of a pier may be located in the high waterline yard.
i. See subsection (5) of this section for regulations on parking areas.
j. Those structures and improvements permitted in required yards by KZC 115.105.
k. Signs may be located in required yards subject to KZC 100.75 and 115.135.
l. Covered walkways in commercial, office, and industrial zones may be permitted in required yards. Covered walkways may be no more than eight feet wide and 10 feet tall and may not be enclosed along the sides.
m. For uses in low density residential zones, and for residential uses in other zones, the applicant may request a modification to locate no more than one storage shed in a required yard; provided, that no storage sheds are allowed in a required front yard. The Planning Official may approve a modification if:
1) The proposed structure is no more than eight feet tall; and
2) The maximum length of the side of the proposed structure parallel to the affected property line(s) shall not exceed 10 feet. The structure shall not exceed 120 square feet in total area; and
3) No reasonable alternative location may be found due to special circumstances regarding the size, shape, topography, or location of the subject property or the location of legal or legally nonconforming preexisting improvements of the subject property; and
4) The modification will not create a significant negative impact on the character of nearby residential properties.
If approved, the Planning Official may require the storage shed to be screened by a solid screening fence or dense vegetation.
The decision of the Planning Official in approving or denying a modification for a storage shed may be appealed using the appeal provision, as applicable, of Process I, KZC 145.60 through 145.110.
n. In residential zones, covered entry porches on dwelling units may be located within 13 feet of the front property line, if:
1) The porch is covered and no higher than one story and the finished floor of the porch is no more than four feet above finished grade;
2) Three sides of the porch are open;
3) The porch roof form is architecturally compatible with the roof form of the dwelling unit to which it is attached;
4) No deck, balcony, or living area is placed on the roof of the porch within the required front yard;
5) If on attached or stacked dwelling units, the width of the porch does not exceed 50 percent of the facade to which it is attached;
6) Allowed exceptions to the above criteria are:
a) Solid walls or railings may extend up to 42 inches above the porch floor;
b) Eaves on the porch roof may extend an additional 18 inches into the required front yard;
c) Stairs may extend an additional five feet into the required front yard.
For the purpose of this section, covered parking areas or driveways shall not be considered an entry porch.
This subsection (KZC 115.115(3)(n)) is not effective within the disapproval jurisdiction of the Houghton Community Council.
o. In low density residential zones:
1) Detached garages utilizing an alley for their primary vehicular access may be located within five feet of the rear property line, if:
a) Garage doors will not extend over the property line when open; and
b) The garage complies with KZC 115.135, which regulates sight distance at intersections.
2) Detached garages utilizing an alley for their primary vehicular access may extend to the rear property line, if:
a) The lot is 50 feet wide at the rear property line on the alley;
b) The garage has side access with garage doors that are perpendicular to the alley;
c) The garage eaves do not extend over the property line; and
d) The garage complies with KZC 115.135, which regulates sight distance at intersections.
3) Garages without alley access may be located within five feet of the rear property line; provided, that:
a) The portion of the structure that is located within the required rear yard is no taller than 15 feet above average building elevation; and
b) The rear yard does not abut an access easement that is regulated as a rear property line.
p. HVAC and similar types of mechanical equipment may be placed no closer than five feet to a side or rear property line, and shall not be located within a required front yard; provided, that such equipment may be located in a storage shed approved pursuant to subsection (3)(m) of this section or a garage approved pursuant to subsection (3)(o)(2) of this section. All HVAC and similar types of mechanical equipment shall be baffled, shielded, enclosed, or placed on the property in a manner that will ensure compliance with the noise provisions of KZC 115.95.
4. Outdoor Uses, Activities and Storage – For regulations on outdoor uses, activities and storage, see KZC 115.105.
5. Driveways and Parking Areas – Driveways and parking areas are not allowed in required yards except as follows:
a. Detached Dwelling Units, Duplexes, and Two-Unit Homes and Three-Unit Homes Approved Under Chapter 113 KZC
1) General – Vehicles may be parked in the required front, rear, and north property line yards if parked on a driveway and/or parking area. For the purpose of this section, vehicles are limited to those devices or contrivances which can carry or convey persons or objects and which are equipped as required by federal or state law for operation on public roads. A driveway and/or parking area shall not exceed 20 feet in width in any required front yard, and shall be separated from other hard-surfaced areas located in the required front yard by a landscape strip at least five feet in width. This landscape strip may be interrupted by a walkway or pavers providing a connection from the driveway to other hard-surfaced areas, as long as such walkway or pavers cover no more than 20 percent of the landscape strip. A driveway and/or parking area located in a required front yard shall not be closer than five feet to any side property line (see Plate 14); provided:
a) That where access to a legally established lot is provided by a panhandle or vehicle access easement measuring less than 20 feet in width, a driveway not exceeding 10 feet in width, generally centered in the panhandle or access easement, shall be permitted (see Plate 14A); and
b) That for panhandle lots, a five-foot setback is not required from any side property line that abuts a neighboring lot that was part of the same plat.
c) That any driveway which generally parallels a right-of-way or easement road shall be set back at least five feet from the right-of-way or easement, except for a 20-foot-wide section where the driveway connects with the right-of-way or easement. Such driveway shall not have a width of more than 10 feet within the front or rear yard (see Plate 14B) and shall be separated from other hard-surfaced areas located in the front or rear yard by a landscape strip at least five feet in width. Where more than one driveway is permitted within a front or rear yard, those driveways shall be separated by a landscape strip at least five feet in width.
2) Exception – Driveways and/or parking areas may exceed 20 feet in width if:
a) The driveway/parking area serves a three-car garage; and
b) The subject property is at least 60 feet in width; and
c) The garage(s) is (are) located no more than 40 feet from the front property line; and
d) The driveway/parking area flares from 20 feet at the property line to a maximum of 30 feet in width.
3) The Planning Official may approve a modification to the driveway and/or setback requirements in subsection (5)(a)(1) of this section if:
a) The existing topography of the subject property or the abutting property decreases or eliminates the need for the setback; or
b) The location of pre-existing improvements or vegetation on the abutting site eliminates the need for or benefit of a setback; and
c) The modification will not have any substantial detrimental effect on abutting properties or the City as a whole.
b. Attached and Stacked Dwelling Units (Except Duplexes) and Assisted Living Facilities in Residential Zones
1) Vehicle parking areas shall have a minimum 20-foot setback from all front property lines and meet the minimum required setbacks from all other property lines for that use.
2) Driveways shall have a minimum five-foot setback from all property lines, except for the portion of any driveway which connects with an adjacent street.
c. Vehicle parking areas for schools and day-care centers greater than 12 students shall have a minimum 20-foot setback from all property lines.
d. Other Uses – Parking areas and driveways for uses other than those addressed in subsections (5)(a), (b), and (c) of this section may be located within required setback yards, but, except for the portion of any driveway which connects with an adjacent street, not closer than five feet to any property line. Where this provision conflicts with a regulation of a specific zone, the regulation of the specific zone shall govern.
e. Shared Parking and Shared Driveways – If a parking area or driveway serves two adjacent uses, the shared parking area or driveway may be anywhere in the required setback yard between the uses.
f. Exceptions for Projects Requiring Design Review – If a project is reviewed through design review pursuant to Chapter 142 KZC, the driveway shall comply with parking area location and design requirements as determined by the Design Review Board.
115.120 Rooftop Appurtenances
1. Scope – The regulations contained in this section apply to all construction except: (a) single-family detached residential, and (b) personal wireless service facilities regulated by Chapter 117 KZC.
2. Abandonment – Rooftop appurtenances which are abandoned or no longer serve the building or tenant space with which they are associated shall be removed by the building owner within 90 days of the date they were abandoned or discontinued service. Appurtenances associated with buildings or tenant spaces which are vacant but which are undergoing renovation and/or are available for lease or rent shall not be considered abandoned.
3. Required Screening
a. New construction shall, to the extent feasible, visually screen rooftop appurtenances by incorporating them into the roof form, or by using architectural designs such as clerestories having a slope of at least three feet vertical to 12 feet horizontal or roof wells. Such roof forms and architectural designs may extend five feet above the height limit (see Plate 30).
b. New or replacement appurtenances on existing buildings and new appurtenances on new buildings where compliance with subsection (3)(a) of this section is not feasible shall be surrounded by a solid screening enclosure equal in height to the appurtenances being screened. The screen must be integrated into the architecture of the building.
c. Exemptions
1) Rod, wire, and dish antennas approved pursuant to KZC 115.60(2) are exempt from the requirements of subsections (3)(a) and (b) of this section where screening would interfere with the effective operation of these antennas.
2) A rooftop appurtenance screened by alternative measures, including but not limited to landscaping maintained at a height equal to the height of the appurtenance, painting to match the building roof, or the use of pre-manufactured self-screening appurtenances, is exempt from the requirements of subsections (3)(a) and (b) of this section if the Planning Official determines that such alternative screening will be as effective in minimizing rooftop clutter as a solid screening enclosure.
4. Allowable Height and Size
a. Rooftop appurtenances may exceed the applicable height limitation by a maximum of four feet if the area of all appurtenances and screening does not exceed 10 percent of the total area of the building footprint (see Plate 31).
b. The Planning Official may approve a modification to the standards of subsection (4)(a) of this section if:
1) No reasonable alternatives to the increased height or size, such as utilizing alternative equipment design or technology or locating the appurtenances at or below grade or within the structure, exists, and the amount of increase and the size of the appurtenance and its screening is the minimum amount necessary; and
2) The applicant submits accurate graphic representations or other information that demonstrates that:
a) Views from adjacent properties will not be significantly blocked; and
b) Visibility of the appurtenances from adjacent properties and streets will be minimized; and
c) Aesthetic impacts resulting from the increased height and/or area will be minimized through appropriate screening, architectural integration, and/or location or consolidation of the appurtenance(s); and
3) The height of the appurtenance, including the combined height of mechanical equipment or elevator penthouse and appurtenances mounted on top of the penthouse, shall in no event exceed the lesser of the following:
a) The height of the story immediately below the appurtenance, or
b) Fifteen feet above the applicable height limitation; and
4) In no event shall the total area occupied by rooftop appurtenances or enclosed within their screening exceed 25 percent the total area of the building footprint.
c. The Planning Official shall not approve or deny a modification pursuant to subsection (4)(b) of this section without first providing notice of the modification request to the owners and residents of each adjoining property and providing opportunity for comment. The Planning Official shall use mailing labels provided by the applicant, or, at the discretion of the Planning Official, by the City. Said comment period shall not be less than seven calendar days. The fee for processing a modification request shall be as established by City ordinance.
5. Optional Locations – As an option to placing appurtenances on the roof, appurtenances may be located as follows:
a. At or below grade, subject to the following:
1) The appurtenances are surrounded by landscaping or a solid screening enclosure, or is located in such a manner that they are not visible from adjacent properties or rights-of-way; and
2) The appurtenances will not violate KZC 115.95 (Noise Regulations) or KZC 115.100 (Odor), or create undue heat or vibration on the adjoining property; and
3) The appurtenances may be located in a required side or rear yard, if:
a) The appurtenances comply with subsections (5)(a)(1) and (2) of this section; and
b) The appurtenances are reviewed as part of a Process I, II, or III zoning permit for the use or structure they will serve; and
c) If the use or structure the appurtenance will serve does not require review through Process I, II, or III, the Planning Official may allow an appurtenance to be located in a required side or rear yard using the process described in subsection (4)(c) of this section. In such event, only the owners and residents of the property located immediately adjacent to the required yard in which the appurtenance is proposed to be located shall be provided notice; and
d) Insufficient at- or below-grade space exists elsewhere on the site to locate the appurtenances; and
e) The required yard is not adjacent to a residential zone; and
f) The appurtenances are the minimum size necessary.
4) Appurtenances located at or below grade shall not be counted toward allowable lot coverage.
b. In a parking structure, subject to the following:
1) The appurtenances are located or screened in such a manner that they are not visible from adjacent properties or rights-of-way; and
2) The appurtenances will not violate KZC 115.95 (Noise Regulations) or KZC 115.100 (Odor), or create undue heat or vibration on the adjoining property.
3) If the parking structure would otherwise contain 10 or more parking stalls, the parking may be reduced by the amount necessary, but by no more than two parking stalls, to provide the physical space required to accommodate the appurtenances.
115.125 Rounding of Fractions of Dwelling Units
In many zones, the number of dwelling units allowed on the subject property is determined by dividing the lot size by the number of square feet this code requires per unit. When this results in a fraction, the number of permitted dwelling units shall be rounded up to the next whole number (unit) if the fraction of the whole number is at least 0.66.
115.135 Sight Distance at Intersections
This section establishes that areas around all intersections, including the entrance of driveways onto streets, must be kept clear of sight obstruction. The extent of these areas depends on a number of factors. Refer to the Public Works Department’s Pre-Approval Plan (operational policy standards) for the types of intersections and the regulations applicable to each intersection, and what may be in the area that is to be kept clear of sight obstructions.
115.138 Temporary Storage Containers
The temporary outdoor use of storage, moving, shipping, or freight containers, including but not necessarily limited to ISO (International Shipping Organization) standard containers, is permitted in all zones if accessory to a permitted use. Containers shall be considered temporary if they do not require a building, electrical, plumbing or mechanical permit, and are not secured, or required to be secured, to a permanent foundation. If the use of a temporary storage container is associated with the construction or remodel of a building, the container shall be removed prior to final inspection approval or issuance of a certificate of occupancy for the building. In all other cases, the container may remain on site for a period not to exceed 14 days.
115.140 Temporary Trailers for Construction and Real Estate Sales Offices
Temporary trailers or buildings used for construction offices and real estate sales