Section 53.52

Section 53.52 – 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.

    (Does not apply to Detached Dwelling Unit, and Mini-School or Mini-Day-Care Center uses).

3.    To the extent possible, viable significant trees and vegetation shall be retained within required landscape buffers separating nonresidential uses from residential uses. The applicant shall record a greenbelt easement over the required landscape buffer.

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

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, 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.    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 (unless use is not permitted in RH 5B). 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).

7.    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.

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

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

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10.    Prior to any of the following uses (unless use is not permitted in RH 5B) 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.

11.    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.

12.    Access for drive-through facilities must be approved by the Public Works Official. See Chapter 105.96 KZC for requirements. Drive-through facilities are not permitted in the RH 5B zone.

13.    See Chapters 100 and 162 KZC for information about nonconforming signs. Chapter 162.35 KZC describes when nonconforming signs must be brought into conformance or removed.