Section 53.32

Section 53.32 – 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.    Within required front yards, canopies and similar entry features may encroach; provided, that the total horizontal dimension of such elements may not exceed 25 percent of the length of the structure.

3.    Individual retail uses in this zone are limited to a maximum gross floor area of 65,000 square feet.

4.    At least 50 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. These uses shall be oriented to NE 85th Street, a major pedestrian sidewalk, a through-block pedestrian pathway or an internal pathway (see also Chapters 105 and 110 KZC, and Plate 34K).

5.    The ground floor of all structures on the subject property 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 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.

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

8.    Access for drive-through facilities must be approved by the Public Works Official. See KZC 105.96 for requirements.

9.    A through-block pedestrian pathway shall be installed pursuant to the through-block pathway standards in KZC 105.19(3); see Plate 34K:

a.    Along the north portion of the zone to make an east-to-west pedestrian connection between 124th Avenue NE and 120th Avenue NE as designated in the Comprehensive Plan; and

b.    Connecting the north end of the zone to NE 85th Street.

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