Section 53.22

Section 53.22 – 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.    Developments creating four or more new detached, attached or stacked dwelling units shall provide at least 10 percent of the units as affordable housing units as defined in Chapter 5 KZC. Two additional units may be constructed for each affordable housing unit provided. See Chapter 112 KZC for additional affordable housing incentives and requirements.

3.    For uses in RH 2A and RH 2B, vehicular access shall be from NE 85th Street or 120th Avenue NE. The subject property shall be configured to structurally prevent vehicular access, other than for emergency vehicles, from 118th Avenue NE. Only office and residential uses in RH 2C may access from 118th Avenue NE if vehicle trips do not exceed the trips that would be generated from residential development at 12 units per acre based on the total site area in RH 2C. Any excess of this amount must access from NE 85th Street or 120th Avenue NE.

4.    At least 50 percent of the total gross floor area located on the ground floor of all structures in RH 2A shall contain retail establishments, restaurants, taverns, hotels or motels. These uses shall be oriented to NE 85th Street, a major pedestrian sidewalk, a through-block pedestrian pathway or an internal pathway (see also Chapter 92 KZC).

5.    The ground floor of all structures in RH 2A shall be a minimum of 15 feet in height. This requirement does not apply to:

a.    The following uses: vehicle service stations, automotive service centers, private lodges or clubs, attached or stacked dwelling units, churches, schools, day-care centers, mini-schools or mini-day-care centers, assisted living facilities, convalescent centers or nursing homes, public utilities, government facilities or community facilities.

b.    Parking garages.

c.    Additions to existing nonconforming development where the Planning Official determines it is not feasible.

6.    The maximum height of any portion of a building located within 100 feet of a low density zone is 25 feet above the existing grade at the adjacent curbline of 120th Avenue NE. The 25-foot building height shall be measured at the midpoint of the portion of the building wall adjoining the low density zone.

7.    Loading and service areas shall be placed away from NE 85th Street, pedestrian areas and adjacent residential uses.

8.    Electrical signs are not permitted along 120th Avenue across the street from a residential zone or oriented toward 118th Avenue.

9.    Some development standards or design regulations may be modified as part of the design review process. See Chapters 92 and 142 KZC for requirements.

10.    The Public Works Official shall approve the number, location and characteristics of driveways on NE 85th Street in accordance with the driveway and sight distance policies contained in the Public Works Pre-approved Plans manual. Taking into consideration the characteristics of this corridor, the Public Works Official may:

a.    Require access from side streets; and/or

b.    Encourage properties to share driveways, circulation and parking areas; and/or

c.    Restrict access to right turn in and out; or

d.    Prohibit access altogether along NE 85th Street.

11.    Access for drive-through facilities must be approved by the Public Works Official. See KZC 105.96 for requirements. Drive-through facilities are not permitted in an RH 2B or RH 2C zone.

12.    Prior to any of the following uses occupying a structure on a property adjoining a residential zone, the applicant shall submit a noise study prepared by a qualified acoustical consultant for approval by the Planning Official.

•    Establishments expected to operate past 9:00 p.m.

•    Vehicle service station.

•    Automotive service center.

•    Retail establishment providing entertainment, recreational or cultural activities.

•    Retail establishment involving the sale, lease, repair or service of automobiles, trucks, boats, motorcycles, recreational vehicles, heavy equipment, or similar vehicles.

•    Car washes.

•    Veterinary offices.

•    Any establishment where animals are kept on site.

•    Drive-through facilities with loudspeaker systems.

•    Establishments involving a large truck loading dock for deliveries.

    The study shall verify that the noise that will emanate from the site adjoining any residential-zoned property complies with the standards specified in KZC 115.95(1) and (2) and WAC 173-60-040(1) for a Class B source property and a Class A receiving property.

13.    For lighting requirements associated with development, see KZC 115.85(2).