Section 45.08

Section 45.08 – GENERAL REGULATIONS

The following regulations apply to all uses in this zone unless otherwise noted:

1.    Refer to Chapter 1 KZC to determine what other provisions of this code may apply to the subject property.

2.    If any portion of a structure is adjoining a low density zone, then either:

a.    The height of that portion of the structure shall not exceed 15 feet above average building elevation, or

b.    The maximum horizontal facade shall not exceed 50 feet in width.

    See KZC 115.30, Distance Between Structures/Adjacency to Institutional Use, for further details.

3.    At least 75 percent of the total gross floor area located on the ground floor of all structures on the subject property must contain retail establishments, restaurants, taverns, hotels or motels, or offices. These uses shall be oriented to an adjacent arterial, a major pedestrian sidewalk, a through-block pedestrian pathway or an internal pathway.

4.    In BC 1 and BC 2 zones, developments creating four or more new dwelling units shall provide at least 10 percent of the units as affordable housing units as defined in Chapter 5 KZC. Two additional units may be constructed for each affordable housing unit provided. See Chapter 112 KZC for additional affordable housing incentives and requirements.

5.    In the BC 1 and BC 2 zones, side and rear yards abutting a residential zone shall be 20 feet.

6.    In the BC 1 and BC 2 zones, all required yards for any portion of a structure must be increased one foot for each foot that any portion of the structure exceeds 35 feet above average building elevation (does not apply to Public Park uses).

7.    Maximum height of structure is as follows:

a.     In the BC zone, if adjoining a low density zone other than RSX, then 25 feet above average building elevation. Otherwise, 30 feet above average building elevation. Except if adjoining a low density zone, structure height may be increased above 30 feet in height through a Process IIA, Chapter 150 KZC, if:

i.    It will not block local or territorial views designated in the Comprehensive Plan;

ii.    The increased height is not specifically inconsistent with the applicable neighborhood plan provisions of the Comprehensive Plan; and

iii.    The required front yard of any portion of the structure is increased one foot for each foot that any portion of the structure exceeds 30 feet above average building elevation (does not apply to Public Park uses).

b.    In the BC 1 zone, 35 feet above average building elevation.

c.    In the BC 2 zone, 35 feet above average building elevation. Structure height may be increased to 60 feet in height if:

i.    At least 50 percent of the floor area is residential;

ii.    Parking is located away from the street by placing it behind buildings, to the side of buildings, or in a parking structure;

iii.    The ground floor is a minimum 15 feet in height for all retail, restaurant, or office uses (except parking garages); and

iv.    The required yards of any portion of the structure are increased one foot for each foot that any portion of the structure exceeds 30 feet above average building elevation (does not apply to Public Park uses).