.010

Attached or Stacked Dwelling Units

D.R., Chapter 142 KZC

None

5'

See Spec. Reg. 2.

0'

0'

100%

65' above average building elevation. See Spec. Reg. 11.

C

E

See Spec. Reg. 15.

Residential: 1.1 per unit, plus guest parking: .05 per unit.

Restaurant/tavern: 1 per each 125 sq.ft. of gross floor area.

Retail: 1 per each 350 sq.ft. of gross floor area.

Office: 1 per each 350 sq.ft. of gross floor area.

Entertainment, cultural, recreational: KZC 105.25.

See also KZC 105.103.

1. The required minimum front yard for any portion of the structure containing parking facilities shall be 10 feet.

2. The front setback may be reduced to zero feet where retail uses or other ground floor space is designed to provide direct pedestrian access to the street and located adjacent to a pedestrian-oriented street, major pedestrian pathway or adjacent to a transit facility.

3. May include one or more of the other uses allowed in this zone.

4. The following uses are prohibited:

a. Drive-through facilities.

b. The outdoor storage, sale, service and/or rental of motor vehicles, sailboats, motor boats, and recreational trailers.

5. At least 50 percent of the linear frontage of the ground floor along NE 38th Place must include one or more of the following uses: Retail uses selling goods or providing services, including restaurants or taverns; Banking and Related Financial Services; School, Day-Care or Mini School or Mini Day-Care Center; Government Facility; Community Facility; and retail establishments providing entertainment, cultural and/or recreational activities. The required uses shall have a minimum depth of 20 feet and an average depth of at least 30 feet (as measured from the face of the building on the abutting right-of-way). The Design Review Board (or Planning and Building Director if not subject to D.R.) may approve a minor reduction in the depth requirements if the applicant demonstrates that the requirement is not feasible given the configuration of existing or proposed improvements and that the design of the retail frontage will maximize visual interest. Lobbies for residential are allowed within this space subject to applicable design guidelines. The minimum ground floor story height for these uses shall be 13 feet.

6. Commercial uses along NE 38th Place may occupy the first two floors of a structure. Otherwise, gross floor area constructed above the ground floor must be dedicated to residential use.

7. Any portion of a structure exceeding two stories in height above NE 38th Place may not exceed 200 feet in length as measured parallel to NE 38th Place, and shall be separated by at least 30 feet from any other portion of a structure exceeding two stories above NE 38th Place on the subject property.

8. At least 2,500 square feet of public open space shall be provided in conjunction with new development. The space shall be in one continuous piece, and designed to be consistent with the design guidelines for public open space on site.

REGULATIONS CONTINUED ON NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

9. A visible and welcoming pedestrian-oriented space must be located between the sidewalk and the building in the gateway area.

10. The upper story setback for all floors above the second story within 40 feet of the property line abutting NE 38th Place shall average 15 feet. For the purpose of this regulation, the term “setback” shall refer to the horizontal distance between the property line and any exterior wall abutting the street prior to any potential right-of-way dedication. The required upper story setbacks for all floors above the second story shall be calculated as Total Upper Story Setback Area, as shown on Plate 35.

Any portion of a structure located within the gateway area, defined as the area located within a 50-foot radius from the point where the property line along NE 38th Place intersects with the Kirkland/Bellevue city boundary, shall provide, a minimum, upper story setbacks of five feet above the second story and 10 feet at the fourth story. The final building facade design shall be based on the applicable design guidelines and determined through the Design Review process.

11. Building height of a structure located within the gateway area, defined as the area located within a 50-foot radius from the point where the property line along NE 38th Place intersects with the Kirkland/Bellevue city boundary, shall not exceed 55 feet above average building elevation.

12. A through-block pathway, developed according to the standards in KZC 105.19(3), must be installed to provide pedestrian access between NE 38th Place and the transit center. The final design of the pathway shall be based on the applicable design guidelines and determined through the Design Review process.

13. Development of residential uses within the zoning district shall result in a minimum of 20 percent of total residential units being affordable with affordability levels as follows:

REGULATIONS FOR THIS USE CONTINUED ON THE NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

a. For renter-occupied housing:

1) A minimum of 20 percent of the total residential units shall be affordable. A minimum of 10 percent of total residential units shall be affordable at no greater than 50 percent of median income. The remaining affordable units shall be affordable at no greater than 70 percent of median income. Affordable rent levels will be determined using the same methodology used in the definition of affordable housing unit in Chapter 5 KZC.

b. For owner-occupied housing:

1) A minimum of 20 percent of total residential units shall be affordable housing units as defined in KZC 5.10.023(1)(a).

14. The following additional regulations apply to affordable housing units included in development:

a. Alternative affordability levels – subject to Planning and Building Director approval, an applicant for owner-occupied housing may propose affordability levels different from those defined in this chapter. In approving any different affordability levels, the Director shall use ratios similar to those in KZC 112.20(3)(b).

b. Affordable housing provided pursuant to this section shall also comply with the following sections of Chapter 112 KZC: 112.15(4) (Rounding); 112.35(2) (Affordability Agreement).

c. The following provisions of Chapter 112 KZC do not apply to this zoning district: 112.20 (Basic Affordable Housing Incentives); 112.25 (Additional Affordable Housing Incentives); 112.30 (Alternative Compliance).

d. Other provisions for the affordable housing units are:

1) The type of ownership of the affordable housing units shall be the same as the type of ownership for the rest of the housing units in the development.

2) The affordable housing units shall consist of a range in number of bedrooms that are comparable to units in the overall development.

REGULATIONS CONTINUED ON NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

3) The size of the affordable housing units, if smaller than the other units with the same number of bedrooms in the development, must be approved by the Planning and Building Director. In no case shall the affordable housing units be more than 10 percent smaller than the comparable dwelling units in the development, based on number of bedrooms, or less than 500 square feet for a one-bedroom unit, 700 square feet for a two-bedroom unit, or 900 square feet for a three-bedroom unit, whichever is less.

4) The affordable housing units shall be available for occupancy in a time frame comparable to the availability of the rest of the dwelling units in the development, unless the Planning and Building Director approves a phasing plan pursuant to KMC 5.88.090.

5) The exterior design of the affordable housing units must be compatible and comparable with the rest of the dwelling units in the development.

6) The interior finish and quality of construction of the affordable housing units shall at a minimum be comparable to entry level rental or ownership housing in the City of Kirkland.

e. Applicants may request an exemption from payment of road impact fees for the affordable housing units as established by KMC 27.04.050.

f. Applicants providing affordable housing units may request an exemption from payment of park impact fees for the affordable housing units as established by KMC 27.06.050.

g. Applicants providing affordable housing units are eligible for exemption from various planning, building, plumbing, mechanical and electrical permit fees for the affordable housing and moderate income units as established in KMC 5.74.070 and KMC Title 21.

h. Property Tax Exemption. A property providing affordable housing units may be eligible for a property tax exemption as established in Chapter 5.88 KMC.

15. Signs for a development approved under this provision must be proposed within a Master Sign Plan application (KZC 100.80) for all signs within the project.

REGULATIONS CONTINUED ON NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

16. Development shall be designed, built and certified to achieve or exceed the high performing building standards described in KZC 115.62.

17. This use must be part of a development that includes an increase in the number of parking stalls available exclusively to users of the Park and Ride facility.

18. Parking stalls to serve the use must be in addition to those provided as part of the expansion of capacity for the Park and Ride facility.

.020

Office Uses

D.R., Chapter 142 KZC

None

20'

5', but 2 side yards must equal at least 15'.

10'

70%

30' above average building elevation.

C

D

If medical, dental, or veterinary office, then one per each 200 sq. ft. of gross floor area. Otherwise, one per each 300 sq. ft. of gross floor area.

1. The following regulations apply to veterinary offices only:

a. May only treat small animals on the subject property.

b. Outside runs and other outside facilities for the animals are not permitted.

c. Site must be designed so that noise from this use will not be audible off the subject property. A certification to this effect, signed by an acoustical engineer, must be submitted with the development permit application.

2. Ancillary assembly and manufacture of goods on the premises of this use are permitted only if:

a. The ancillary assembled or manufactured goods are subordinate to and dependent on this use.

b. The outward appearance and impacts of this use with ancillary assembly or manufacturing activities must be no different from other office uses.

.030

Restaurant or Tavern

E

One per each 100 sq. ft. of gross floor area.

1. Drive-in or drive-through facilities are prohibited.

.040

Funeral Home or Mortuary

20' on each side

20'

B

One per each 300 sq. ft. of gross floor area.

.050

Grocery Store, Drug Store, Laundromat, Dry Cleaners, Barber Shop, or Shoe Repair Shop

D.R., Chapter 142 KZC

None

20'

5', but 2 side yards must equal at least 15'.

10'

70%

30' above average building elevation.

C

E

1 per each 300 sq. ft. of gross floor area.

1. May not be located above the ground floor of a structure.

2. Gross floor area cannot exceed 3,000 sq. ft.

.060

Retail Establishment providing banking or related financial service

1. May not be located above the ground floor of a structure.

.070

Faith-Based Facility

20' on each side

B

1 for every 4 people based on maximum occupant load of any area of worship. See Spec. Reg. 1.

1. No parking is required for day-care or school ancillary to the use.

.080

School or Day-Care Center

5', but 2 side yards must equal at least 15'.

D

See KZC 105.25.

1. A six-foot-high fence is required only along the property lines adjacent to the outside play areas.

2. Hours of operation may be limited to reduce impacts on nearby residential uses.

3. An on-site passenger loading area must be provided. The City shall determine the appropriate size of the loading areas on a case-by-case basis, depending on the number of attendees and the extent of the abutting right-of-way improvements. Carpooling, staggered loading/unloading time, right-of-way improvements or other means may be required to reduce traffic impacts on any nearby residential uses.

4. May include accessory living facilities for staff persons.

5. The location of parking and passenger loading areas shall be designed to reduce impacts on any nearby residential uses.

.090

Mini-School or Mini-Day-Care

D.R., Chapter 142 KZC

None

20'

5', but 2 side yards must equal at least 15'.

10'

70%

30' above average building elevation.

E

B

See KZC 105.25.

1. A six-foot-high fence is required along the property lines adjacent to the outside play areas.

2. Hours of operation may be limited by the City to reduce impacts on nearby residential uses.

3. An on-site passenger loading area may be required depending on the number of attendees and the extent of the abutting right-of-way improvements.

4. The location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses.

5. May include accessory living facilities for staff persons.

.100

Convalescent Center or Nursing Home

10' on each side

20'

C

One for each bed.

.110

Hospital Facility

One Acre

B

See KZC 105.25.

.120

Public Utility

None

A

1. Landscape Category A or B may be required depending on the type of use on the subject property and the impacts associated with the use on the nearby uses.

.130

Government Facility

Community Facility

C

See Spec. Reg. 1.

.140

Public Park

Development standards will be determined on a case-by-case basis. See Chapter 49 KZC for required review process.

.010

Vehicle Service Station

D.R., Chapter 142 KZC

2,250 sq. ft.

40'

15' on each side.

See also Spec. Reg. 3.

15'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

A

E

See KZC 105.25.

1. The following uses and activities are prohibited:

a. The outdoor storage, sale, service and/or rental of motor vehicles, sailboats, motor boats, and recreational trailers.

2. There may not be more than two vehicle service stations at any intersection. This use is only allowed if the subject property abuts Lake Washington Boulevard or Northup Way.

3. Gas pump islands may extend 20 feet into the front yard. Canopies or covers over gas pump islands may not be closer than 10 feet to any property line. Outdoor parking and service areas may not be closer than 10 feet to any property line. See KZC 115.105, Outdoor Use, Activity and Storage, for further regulations.

.020

Restaurant or Tavern

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

C

1 per each 100 sq. ft. of gross floor area.

1. The following uses and activities are prohibited:

a. Drive-in or drive-through facilities.

2. The gross floor area of individual retail establishments may not exceed 15,000 square feet except within a mixed use development in which the floor area of other uses exceeds the floor area of retail establishments.

.030

Office Use

D

If medical, dental or veterinary office, then one per each 200 sq. ft. of gross floor area.

Otherwise, 1 per each 300 sq. ft. of gross floor area.

1. The following regulations apply to veterinary offices only:

a. May only treat small animals on the subject property.

b. Outside runs and other outside facilities for the animals are not permitted.

c. Site must be designed so that noise from this use will not be audible off the subject property. A certification to this effect, signed by an Acoustical Engineer, must be submitted with the development permit application.

2. Ancillary assembly and manufacture of goods on the premises of this use are permitted only if:

a. The ancillary assembled or manufactured goods are subordinate to and dependent on this use.

b. The outward appearance and impacts of this use with ancillary assembly or manufacturing activities must be no different from other office uses.

.040

Hotel or Motel

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

C

E

1 per each room. See also Spec. Reg. 2.

1 per each 300 sq. ft. of gross floor area.

1. May include ancillary meeting and convention facilities.

2. Excludes parking requirements for ancillary meeting and convention facilities. Additional parking requirement for these ancillary uses shall be determined on a case-by-case basis.

.050

A Retail Establishment other than those specifically listed, limited, or prohibited in the zone, selling goods, or providing services including banking and related financial services

1. The following uses and activities are prohibited:

a. The outdoor storage, sale, service and/or rental of motor vehicles, sailboats, motor boats, and recreational trailers.

b. Vehicle repair.

c. Retail establishment providing storage services.

d. Storage and operation of heavy equipment, except delivery vehicles associated with retail uses.

e. Storage of parts unless conducted entirely within an enclosed structure.

f. Drive-in or drive-through facilities.

2. The gross floor area of individual retail establishments may not exceed 15,000 square feet except within a mixed use development in which the floor area of other uses exceeds the floor area of retail establishments.

3. A delicatessen, bakery, or other similar use may include, as part of the use, accessory seating if:

a. The seating and associated circulation area do not exceed more than 10 percent of the gross floor area of the use; and

b. It can be demonstrated to the City that the floor plan is designed to preclude the seating area from being expanded.

.060

Stacked Dwelling Units

D

A

1.2 per studio unit.

1.3 per 1 bedroom unit.

1.6 per 2 bedroom unit.

1.8 per 3 or more bedroom unit.

See KZC 105.20 for visitor parking requirements.

1. Chapter 115 KZC contains regulations regarding home occupations and other accessory uses, facilities and activities associated with this use.

.070

Assisted Living Facility, Convalescent Center or Nursing Home

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

C

A

Independent unit: 1.7 per unit. Assisted living unit: 1 per unit. Convalescent center or nursing home: 1 per each bed.

1. A facility that provides both independent dwelling units and assisted living units shall be processed as an assisted living facility.

2. If a nursing home use is combined with an assisted living facility use in order to provide a continuum of care for residents the required review process shall be the least intensive process between the two uses.

.080

Private Lodge or Club

B

1 per each 300 sq. ft. of gross floor area

.090

Hospital Facility

B

See KZC 105.25.

.100

Public Utility

A

.110

Faith-Based Facility

C

1 for every 4 people based on maximum occupant load of any area of worship. See Spec. Reg. 2.

1. May include accessory living facilities for staff persons.

2. No parking is required for day-care or school ancillary to the use.

.120

School or Day-Care Center

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

D

B

See KZC 105.25.

1. A six-foot-high fence is required along the property lines adjacent to the outside play areas.

2. An on-site passenger loading area may be required depending on the number of attendees and the extent of the abutting right-of-way improvements.

3. May include accessory living facilities for staff persons.

4. Electrical signs shall be permitted at junior high/middle schools and high schools. One pedestal sign with a readerboard having electronic programming is allowed per site only if:

a. It is a pedestal sign (see Plate 12) having a maximum 40 square feet of sign area per sign face;

b. The electronic readerboard is no more than 50 percent of the sign area;

c. Moving graphics and text or video are not part of the sign;

d. The electronic readerboard does not change text and/or images at a rate less than one every seven seconds and shall be readily legible given the text size and the speed limit of the adjacent right-of-way;

e. The electronic readerboard displays messages regarding public service announcements or school events only;

f. The intensity of the display shall not produce glare that extends to adjacent properties and the signs shall be equipped with a device which automatically dims the intensity of the lights during hours of darkness;

g. The electronic readerboard is turned off between 10:00 p.m. and 6:00 a.m.;

h. The school is located on a collector or arterial street.

The City shall review and approve the location of the sign on the site. The sign shall be located to have the least impact on surrounding residential properties. If it is determined that a proposed electronic readerboard would constitute a traffic hazard the Planning and Building Director may impose restrictions or deny the readerboard.

.130

Mini-School or Mini-Day-Care

E

.140

Government Facility

Community Facility

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

C

See Spec. Reg. 1.

B

See KZC 105.25.

1. Landscape Category A or B may be required depending on the type of use on the subject property and the impacts associated with the use on the nearby uses.

.150

Public Park

Development standards will be determined on a case-by-case basis. See Chapter 49 KZC for required review process.

.010

Attached or Stacked Dwelling Units

D.R., Chapter 142 KZC

None

5'

See Spec. Reg. 2.

0'

0'

100%

65' above average building elevation. See Spec. Reg. 11.

C

E

See Spec. Reg. 15.

Residential: 1.1 per unit, plus guest parking: .05 per unit.

Restaurant/tavern: 1 per each 125 sq.ft. of gross floor area.

Retail: 1 per each 350 sq.ft. of gross floor area.

Office: 1 per each 350 sq.ft. of gross floor area.

Entertainment, cultural, recreational: KZC 105.25.

See also KZC 105.103.

1. The required minimum front yard for any portion of the structure containing parking facilities shall be 10 feet.

2. The front setback may be reduced to zero feet where retail uses or other ground floor space is designed to provide direct pedestrian access to the street and located adjacent to a pedestrian-oriented street, major pedestrian pathway or adjacent to a transit facility.

3. May include one or more of the other uses allowed in this zone.

4. The following uses are prohibited:

a. Drive-through facilities.

b. The outdoor storage, sale, service and/or rental of motor vehicles, sailboats, motor boats, and recreational trailers.

5. At least 50 percent of the linear frontage of the ground floor along NE 38th Place must include one or more of the following uses: Retail uses selling goods or providing services, including restaurants or taverns; Banking and Related Financial Services; School, Day-Care or Mini School or Mini Day-Care Center; Government Facility; Community Facility; and retail establishments providing entertainment, cultural and/or recreational activities. The required uses shall have a minimum depth of 20 feet and an average depth of at least 30 feet (as measured from the face of the building on the abutting right-of-way). The Design Review Board (or Planning and Building Director if not subject to D.R.) may approve a minor reduction in the depth requirements if the applicant demonstrates that the requirement is not feasible given the configuration of existing or proposed improvements and that the design of the retail frontage will maximize visual interest. Lobbies for residential are allowed within this space subject to applicable design guidelines. The minimum ground floor story height for these uses shall be 13 feet.

6. Commercial uses along NE 38th Place may occupy the first two floors of a structure. Otherwise, gross floor area constructed above the ground floor must be dedicated to residential use.

7. Any portion of a structure exceeding two stories in height above NE 38th Place may not exceed 200 feet in length as measured parallel to NE 38th Place, and shall be separated by at least 30 feet from any other portion of a structure exceeding two stories above NE 38th Place on the subject property.

8. At least 2,500 square feet of public open space shall be provided in conjunction with new development. The space shall be in one continuous piece, and designed to be consistent with the design guidelines for public open space on site.

REGULATIONS CONTINUED ON NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

9. A visible and welcoming pedestrian-oriented space must be located between the sidewalk and the building in the gateway area.

10. The upper story setback for all floors above the second story within 40 feet of the property line abutting NE 38th Place shall average 15 feet. For the purpose of this regulation, the term “setback” shall refer to the horizontal distance between the property line and any exterior wall abutting the street prior to any potential right-of-way dedication. The required upper story setbacks for all floors above the second story shall be calculated as Total Upper Story Setback Area, as shown on Plate 35.

Any portion of a structure located within the gateway area, defined as the area located within a 50-foot radius from the point where the property line along NE 38th Place intersects with the Kirkland/Bellevue city boundary, shall provide, a minimum, upper story setbacks of five feet above the second story and 10 feet at the fourth story. The final building facade design shall be based on the applicable design guidelines and determined through the Design Review process.

11. Building height of a structure located within the gateway area, defined as the area located within a 50-foot radius from the point where the property line along NE 38th Place intersects with the Kirkland/Bellevue city boundary, shall not exceed 55 feet above average building elevation.

12. A through-block pathway, developed according to the standards in KZC 105.19(3), must be installed to provide pedestrian access between NE 38th Place and the transit center. The final design of the pathway shall be based on the applicable design guidelines and determined through the Design Review process.

13. Development of residential uses within the zoning district shall result in a minimum of 20 percent of total residential units being affordable with affordability levels as follows:

REGULATIONS FOR THIS USE CONTINUED ON THE NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

a. For renter-occupied housing:

1) A minimum of 20 percent of the total residential units shall be affordable. A minimum of 10 percent of total residential units shall be affordable at no greater than 50 percent of median income. The remaining affordable units shall be affordable at no greater than 70 percent of median income. Affordable rent levels will be determined using the same methodology used in the definition of affordable housing unit in Chapter 5 KZC.

b. For owner-occupied housing:

1) A minimum of 20 percent of total residential units shall be affordable housing units as defined in KZC 5.10.023(1)(a).

14. The following additional regulations apply to affordable housing units included in development:

a. Alternative affordability levels – subject to Planning and Building Director approval, an applicant for owner-occupied housing may propose affordability levels different from those defined in this chapter. In approving any different affordability levels, the Director shall use ratios similar to those in KZC 112.20(3)(b).

b. Affordable housing provided pursuant to this section shall also comply with the following sections of Chapter 112 KZC: 112.15(4) (Rounding); 112.35(2) (Affordability Agreement).

c. The following provisions of Chapter 112 KZC do not apply to this zoning district: 112.20 (Basic Affordable Housing Incentives); 112.25 (Additional Affordable Housing Incentives); 112.30 (Alternative Compliance).

d. Other provisions for the affordable housing units are:

1) The type of ownership of the affordable housing units shall be the same as the type of ownership for the rest of the housing units in the development.

2) The affordable housing units shall consist of a range in number of bedrooms that are comparable to units in the overall development.

REGULATIONS CONTINUED ON NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

3) The size of the affordable housing units, if smaller than the other units with the same number of bedrooms in the development, must be approved by the Planning and Building Director. In no case shall the affordable housing units be more than 10 percent smaller than the comparable dwelling units in the development, based on number of bedrooms, or less than 500 square feet for a one-bedroom unit, 700 square feet for a two-bedroom unit, or 900 square feet for a three-bedroom unit, whichever is less.

4) The affordable housing units shall be available for occupancy in a time frame comparable to the availability of the rest of the dwelling units in the development, unless the Planning and Building Director approves a phasing plan pursuant to KMC 5.88.090.

5) The exterior design of the affordable housing units must be compatible and comparable with the rest of the dwelling units in the development.

6) The interior finish and quality of construction of the affordable housing units shall at a minimum be comparable to entry level rental or ownership housing in the City of Kirkland.

e. Applicants may request an exemption from payment of road impact fees for the affordable housing units as established by KMC 27.04.050.

f. Applicants providing affordable housing units may request an exemption from payment of park impact fees for the affordable housing units as established by KMC 27.06.050.

g. Applicants providing affordable housing units are eligible for exemption from various planning, building, plumbing, mechanical and electrical permit fees for the affordable housing and moderate income units as established in KMC 5.74.070 and KMC Title 21.

h. Property Tax Exemption. A property providing affordable housing units may be eligible for a property tax exemption as established in Chapter 5.88 KMC.

15. Signs for a development approved under this provision must be proposed within a Master Sign Plan application (KZC 100.80) for all signs within the project.

REGULATIONS CONTINUED ON NEXT PAGE

.010

Attached or Stacked Dwelling Units

(continued)

REGULATIONS CONTINUED FROM PREVIOUS PAGE

16. Development shall be designed, built and certified to achieve or exceed the high performing building standards described in KZC 115.62.

17. This use must be part of a development that includes an increase in the number of parking stalls available exclusively to users of the Park and Ride facility.

18. Parking stalls to serve the use must be in addition to those provided as part of the expansion of capacity for the Park and Ride facility.

.020

Office Uses

D.R., Chapter 142 KZC

None

20'

5', but 2 side yards must equal at least 15'.

10'

70%

30' above average building elevation.

C

D

If medical, dental, or veterinary office, then one per each 200 sq. ft. of gross floor area. Otherwise, one per each 300 sq. ft. of gross floor area.

1. The following regulations apply to veterinary offices only:

a. May only treat small animals on the subject property.

b. Outside runs and other outside facilities for the animals are not permitted.

c. Site must be designed so that noise from this use will not be audible off the subject property. A certification to this effect, signed by an acoustical engineer, must be submitted with the development permit application.

2. Ancillary assembly and manufacture of goods on the premises of this use are permitted only if:

a. The ancillary assembled or manufactured goods are subordinate to and dependent on this use.

b. The outward appearance and impacts of this use with ancillary assembly or manufacturing activities must be no different from other office uses.

.030

Restaurant or Tavern

E

One per each 100 sq. ft. of gross floor area.

1. Drive-in or drive-through facilities are prohibited.

.040

Funeral Home or Mortuary

20' on each side

20'

B

One per each 300 sq. ft. of gross floor area.

.050

Grocery Store, Drug Store, Laundromat, Dry Cleaners, Barber Shop, or Shoe Repair Shop

D.R., Chapter 142 KZC

None

20'

5', but 2 side yards must equal at least 15'.

10'

70%

30' above average building elevation.

C

E

1 per each 300 sq. ft. of gross floor area.

1. May not be located above the ground floor of a structure.

2. Gross floor area cannot exceed 3,000 sq. ft.

.060

Retail Establishment providing banking or related financial service

1. May not be located above the ground floor of a structure.

.070

Faith-Based Facility

20' on each side

B

1 for every 4 people based on maximum occupant load of any area of worship. See Spec. Reg. 1.

1. No parking is required for day-care or school ancillary to the use.

.080

School or Day-Care Center

5', but 2 side yards must equal at least 15'.

D

See KZC 105.25.

1. A six-foot-high fence is required only along the property lines adjacent to the outside play areas.

2. Hours of operation may be limited to reduce impacts on nearby residential uses.

3. An on-site passenger loading area must be provided. The City shall determine the appropriate size of the loading areas on a case-by-case basis, depending on the number of attendees and the extent of the abutting right-of-way improvements. Carpooling, staggered loading/unloading time, right-of-way improvements or other means may be required to reduce traffic impacts on any nearby residential uses.

4. May include accessory living facilities for staff persons.

5. The location of parking and passenger loading areas shall be designed to reduce impacts on any nearby residential uses.

.090

Mini-School or Mini-Day-Care

D.R., Chapter 142 KZC

None

20'

5', but 2 side yards must equal at least 15'.

10'

70%

30' above average building elevation.

E

B

See KZC 105.25.

1. A six-foot-high fence is required along the property lines adjacent to the outside play areas.

2. Hours of operation may be limited by the City to reduce impacts on nearby residential uses.

3. An on-site passenger loading area may be required depending on the number of attendees and the extent of the abutting right-of-way improvements.

4. The location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses.

5. May include accessory living facilities for staff persons.

.100

Convalescent Center or Nursing Home

10' on each side

20'

C

One for each bed.

.110

Hospital Facility

One Acre

B

See KZC 105.25.

.120

Public Utility

None

A

1. Landscape Category A or B may be required depending on the type of use on the subject property and the impacts associated with the use on the nearby uses.

.130

Government Facility

Community Facility

C

See Spec. Reg. 1.

.140

Public Park

Development standards will be determined on a case-by-case basis. See Chapter 49 KZC for required review process.

.010

Vehicle Service Station

D.R., Chapter 142 KZC

2,250 sq. ft.

40'

15' on each side.

See also Spec. Reg. 3.

15'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

A

E

See KZC 105.25.

1. The following uses and activities are prohibited:

a. The outdoor storage, sale, service and/or rental of motor vehicles, sailboats, motor boats, and recreational trailers.

2. There may not be more than two vehicle service stations at any intersection. This use is only allowed if the subject property abuts Lake Washington Boulevard or Northup Way.

3. Gas pump islands may extend 20 feet into the front yard. Canopies or covers over gas pump islands may not be closer than 10 feet to any property line. Outdoor parking and service areas may not be closer than 10 feet to any property line. See KZC 115.105, Outdoor Use, Activity and Storage, for further regulations.

.020

Restaurant or Tavern

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

C

1 per each 100 sq. ft. of gross floor area.

1. The following uses and activities are prohibited:

a. Drive-in or drive-through facilities.

2. The gross floor area of individual retail establishments may not exceed 15,000 square feet except within a mixed use development in which the floor area of other uses exceeds the floor area of retail establishments.

.030

Office Use

D

If medical, dental or veterinary office, then one per each 200 sq. ft. of gross floor area.

Otherwise, 1 per each 300 sq. ft. of gross floor area.

1. The following regulations apply to veterinary offices only:

a. May only treat small animals on the subject property.

b. Outside runs and other outside facilities for the animals are not permitted.

c. Site must be designed so that noise from this use will not be audible off the subject property. A certification to this effect, signed by an Acoustical Engineer, must be submitted with the development permit application.

2. Ancillary assembly and manufacture of goods on the premises of this use are permitted only if:

a. The ancillary assembled or manufactured goods are subordinate to and dependent on this use.

b. The outward appearance and impacts of this use with ancillary assembly or manufacturing activities must be no different from other office uses.

.040

Hotel or Motel

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

C

E

1 per each room. See also Spec. Reg. 2.

1 per each 300 sq. ft. of gross floor area.

1. May include ancillary meeting and convention facilities.

2. Excludes parking requirements for ancillary meeting and convention facilities. Additional parking requirement for these ancillary uses shall be determined on a case-by-case basis.

.050

A Retail Establishment other than those specifically listed, limited, or prohibited in the zone, selling goods, or providing services including banking and related financial services

1. The following uses and activities are prohibited:

a. The outdoor storage, sale, service and/or rental of motor vehicles, sailboats, motor boats, and recreational trailers.

b. Vehicle repair.

c. Retail establishment providing storage services.

d. Storage and operation of heavy equipment, except delivery vehicles associated with retail uses.

e. Storage of parts unless conducted entirely within an enclosed structure.

f. Drive-in or drive-through facilities.

2. The gross floor area of individual retail establishments may not exceed 15,000 square feet except within a mixed use development in which the floor area of other uses exceeds the floor area of retail establishments.

3. A delicatessen, bakery, or other similar use may include, as part of the use, accessory seating if:

a. The seating and associated circulation area do not exceed more than 10 percent of the gross floor area of the use; and

b. It can be demonstrated to the City that the floor plan is designed to preclude the seating area from being expanded.

.060

Stacked Dwelling Units

D

A

1.2 per studio unit.

1.3 per 1 bedroom unit.

1.6 per 2 bedroom unit.

1.8 per 3 or more bedroom unit.

See KZC 105.20 for visitor parking requirements.

1. Chapter 115 KZC contains regulations regarding home occupations and other accessory uses, facilities and activities associated with this use.

.070

Assisted Living Facility, Convalescent Center or Nursing Home

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

C

A

Independent unit: 1.7 per unit. Assisted living unit: 1 per unit. Convalescent center or nursing home: 1 per each bed.

1. A facility that provides both independent dwelling units and assisted living units shall be processed as an assisted living facility.

2. If a nursing home use is combined with an assisted living facility use in order to provide a continuum of care for residents the required review process shall be the least intensive process between the two uses.

.080

Private Lodge or Club

B

1 per each 300 sq. ft. of gross floor area

.090

Hospital Facility

B

See KZC 105.25.

.100

Public Utility

A

.110

Faith-Based Facility

C

1 for every 4 people based on maximum occupant load of any area of worship. See Spec. Reg. 2.

1. May include accessory living facilities for staff persons.

2. No parking is required for day-care or school ancillary to the use.

.120

School or Day-Care Center

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

D

B

See KZC 105.25.

1. A six-foot-high fence is required along the property lines adjacent to the outside play areas.

2. An on-site passenger loading area may be required depending on the number of attendees and the extent of the abutting right-of-way improvements.

3. May include accessory living facilities for staff persons.

4. Electrical signs shall be permitted at junior high/middle schools and high schools. One pedestal sign with a readerboard having electronic programming is allowed per site only if:

a. It is a pedestal sign (see Plate 12) having a maximum 40 square feet of sign area per sign face;

b. The electronic readerboard is no more than 50 percent of the sign area;

c. Moving graphics and text or video are not part of the sign;

d. The electronic readerboard does not change text and/or images at a rate less than one every seven seconds and shall be readily legible given the text size and the speed limit of the adjacent right-of-way;

e. The electronic readerboard displays messages regarding public service announcements or school events only;

f. The intensity of the display shall not produce glare that extends to adjacent properties and the signs shall be equipped with a device which automatically dims the intensity of the lights during hours of darkness;

g. The electronic readerboard is turned off between 10:00 p.m. and 6:00 a.m.;

h. The school is located on a collector or arterial street.

The City shall review and approve the location of the sign on the site. The sign shall be located to have the least impact on surrounding residential properties. If it is determined that a proposed electronic readerboard would constitute a traffic hazard the Planning and Building Director may impose restrictions or deny the readerboard.

.130

Mini-School or Mini-Day-Care

E

.140

Government Facility

Community Facility

D.R., Chapter 142 KZC

None

0' adjacent to NE 38th Place and Northup Way. Otherwise, 20'.

0'

0'

80%

In YBD 2, 55' above average building elevation.

In YBD 3, 60' above average building elevation.

C

See Spec. Reg. 1.

B

See KZC 105.25.

1. Landscape Category A or B may be required depending on the type of use on the subject property and the impacts associated with the use on the nearby uses.

.150

Public Park

Development standards will be determined on a case-by-case basis. See Chapter 49 KZC for required review process.