Chapter 18.24
DOWNTOWN RESIDENTIAL ZONE
Sections:
18.24.020 Downtown residential zone – Use allowances.
18.24.042 Drive-through service.
18.24.045 Wireless communication facilities.
18.24.010 Intent.
A. The downtown residential zone provides higher density residential development in support of the downtown commercial zone. Limited retail and office uses are also allowed as part of mixed use developments. The zone represents an opportunity to provide a range of housing types in the community with attention to appearance and scale.
B. Some limited existing uses requiring vehicle storage that continue to contribute to the economic vitality of downtown are permitted to continue their business on existing properties, but are encouraged to transition the use of their properties to those more in keeping with subsection A of this section. [Ord. 11-0329 § 3 (Exh. 1).]
18.24.020 Downtown residential zone – Use allowances.
The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the downtown residential zone:
|
PERMITTED |
CONDITIONALLY PERMITTED |
PROHIBITED |
|---|---|---|
|
Arts, entertainment, indoor1 |
Eating and drinking place1 |
Adult entertainment business |
|
Auction house, existing2 |
Educational service3 |
Air transportation service |
|
Business service, standard3 |
Health care and social assistance10 |
Ambulatory surgery center |
|
Community residential facility |
Religious institution |
Animal kennel/shelter |
|
Day care4 |
Supportive living facility |
Arts, entertainment, outdoor |
|
Family child-care home5 |
Utility facility11 |
Automotive sales and service, marine |
|
Manufactured housing community12 |
|
Automotive sales and service, non-marine |
|
Multiple-family dwelling6 |
|
Business service, intensive |
|
Office3 |
|
Cemetery, columbarium or mausoleum |
|
Park |
|
College/university |
|
Personal service3 |
|
Construction and trade |
|
Recreational facility, indoor |
|
Fire or police facility |
|
Retail sales3,7 |
|
Funeral home/crematory |
|
Single detached dwelling unit, existing legal8 |
|
Hospital |
|
Temporary lodging9 |
|
Laboratory |
|
|
|
Manufacturing, heavy |
|
|
|
Manufacturing, light |
|
|
|
Marijuana business |
|
|
|
Marijuana cooperative |
|
|
|
Mobile food service |
|
|
|
Recreational facility, outdoor |
|
|
|
Regional land use |
|
|
|
Resource land use |
|
|
|
Retail sales, bulk |
|
|
|
Secure facility |
|
|
|
Standalone parking |
|
|
|
Transportation |
|
|
|
Vehicle or equipment rental |
|
|
|
Vehicle refueling station |
|
|
|
Warehousing |
|
|
|
Wholesale trade |
1. Social card games are prohibited.
2. Except for animal auction uses which are prohibited. Existing auction houses, excluding vehicle auctions, are permitted on properties currently used for auction house activity as of January 12, 2007. This use may be continued and may be re-established for purposes of rebuilding upon unintentional destruction of the property. The auction house use may not expand buildings or storage beyond the use’s existing footprint. The auction house may expand accessory on-site parking associated with existing auction house use to adjoining or nearby parcels of land, subject to the City’s approval of a site improvement plan that addresses the following issues:
a. Submittal of a long-term parking management plan that shows how the use’s parking needs are met by on-site parking and/or provisions of a long-term shared parking agreement;
b. Submittal of a traffic management plan that shows how the applicant intends to assure safe passage of pedestrians and vehicles in the vicinity of auction events;
c. Screening of outdoor storage and parking areas consistent with Kenmore downtown design standard parking lot screening requirements, KMC 18.52.180;
d. Provision of sidewalks along property frontages in the public rights-of-way, or other measures deemed by the City to adequately protect pedestrians traveling along property frontages; and
e. Ensures that expanded accessory parking area is not used for storage.
Vehicle auctions in existence as of January 12, 2007, are permitted on site area and within buildings in the downtown residential zone located east of 68th Avenue NE and north of NE 182nd Street that are being used as a vehicle auction use as of that date. This use may be continued and may be reestablished for purposes of rebuilding upon unintentional destruction of property. With the exception of accessory parking as outlined below, existing vehicle auction uses may not expand beyond their existing building footprint plus abutting easements, loading, or parking areas used for vehicle auction as of January 12, 2007. Renovations or alterations within the existing building footprint are permitted. However, expansion of existing buildings for vehicle auction use is prohibited. Expansion of accessory on-site parking associated with existing vehicle auction use to adjoining or nearby parcels of land is allowed, subject to the City’s approval of a site improvement plan that addresses the following issues:
a. Submittal of a long-term parking management plan that shows how the use’s parking needs are met by on-site parking and/or provisions of a long-term shared parking agreement;
b. Submittal of a traffic management plan that shows how the applicant intends to assure safe passage of pedestrians and vehicles in the vicinity of auction events;
c. Screening of outdoor storage and parking areas consistent with Kenmore downtown design standard parking lot screening requirements, KMC 18.52.180;
d. Provision of sidewalks along property frontages in the public rights-of-way, or other measures deemed by the City to adequately protect pedestrians traveling along property frontages; and
e. Ensures that expanded accessory parking area is not used for storage.
3. Permitted only as part of a mixed use development, and must occupy 50 percent of the ground floor at street frontage. Each use is limited to maximum 5,000 square feet per use and 15,000 square feet total contiguous. These standards do not apply to city government offices.
4. Day care II permitted only when accessory to a school, religious institution, park, sports club or public housing administered by a public agency.
5. A family child-care home is permitted in an existing legal single detached dwelling unit subject to the requirements established by the Washington State Department of Early Learning (DEL) in WAC Title 170. The family child-care home shall meet the following requirements:
a. The family child-care provider shall be licensed by DEL to operate a family child-care home;
b. A safe passenger loading area shall be provided;
c. The family child-care home shall comply with all applicable building, fire, safety, and health codes enforced by the City;
d. The family child-care home shall comply with all applicable development standards of the City, unless determined to be legally nonconforming;
e. All signage shall conform to the applicable requirements of Chapter 18.42 KMC; and
f. The City has the authority to limit the hours of operation to facilitate neighborhood compatibility.
6. Townhouses are required to have four units minimum in a cluster. Enclosed under building parking is required per Chapter 18.52 KMC, Design Standards.
7. Except outdoor retail sales which is prohibited.
8. Other single detached dwelling units are prohibited.
9. Bed and breakfast guesthouse only. All other temporary lodging uses are prohibited.
10. Except social services, correctional which is prohibited.
11. Limited to sewer lift stations and pipes/electrical wires and associated structural supports.
12. Limited to manufactured housing communities in existence as of April 23, 2019.
[Ord. 23-0574 § 2 (Exh. A); Ord. 19-0481 § 2 (Exh. A); Ord. 17-0438 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 5; Ord. 11-0329 § 3 (Exh. 1).]
18.24.030 Accessory uses.
Accessory uses, when consistent with the definition in Chapter 18.20 KMC, are allowed as determined by the city manager. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]
18.24.040 Zoning standards.
Specific zone-based development standards for the downtown residential zone in Table B apply to the DR zone as follows:
|
STANDARD |
REQUIREMENT |
|---|---|
|
Base Density: Dwelling Units/Gross Acre |
48; applies east of 68th Avenue NE |
|
Maximum Density: Dwelling Units/Gross Acre with Density Bonus Incentives |
72; density incentives or bonuses not required west of 68th Avenue NE |
|
Minimum Density: Dwelling Units/Net Acre |
18 – Townhouse only development 18 – 36 – Townhouse/apartment combination development 36 – Apartments |
|
Minimum Lot Width |
Townhouse – 20 ft. Apartment – 30 ft. |
|
Minimum Street Setback |
Primary structure – 6 ft. min.; 8 ft. min. average Garage, carport, paved parking – 10 ft. |
|
Maximum Street Setback |
West of 68th Avenue NE, the maximum setback is 10 ft. |
|
Minimum Interior Setback |
5 ft.; otherwise when adjoining property zoned R-l to R-6 zone then 20 ft. |
|
Maximum Height |
East of 68th Avenue NE – 60 ft. or 80 ft. if providing density incentives per Chapter 18.80 KMC West of 68th Avenue NE – 80 ft.1 |
|
Maximum Impervious Surface: Percentage |
90% |
|
Pedestrian Connections |
Pedestrian connections shall be provided in accordance with Chapter 18.52 KMC, Design Standards |
1 Through the design review process the city manager may require greater upper story setbacks, or mass and bulk reductions, than otherwise stated in KMC 18.52.310 in order to achieve greater compatibility of development where DR zoned property abuts property zoned R-1 to R-12. For example, greater upper story setbacks may be required in proportion to the height of structures above 60 feet.
[Ord. 23-0574 § 2 (Exh. A); Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]
18.24.042 Drive-through service.
Drive-through service is prohibited in this zoning district. [Ord. 17-0438 § 3 (Att. B).]
18.24.044 Outdoor storage.
Outdoor storage is prohibited in this zoning district. [Ord. 17-0438 § 3 (Att. B).]
18.24.045 Wireless communication facilities.
Use allowances and development regulations for wireless communication facilities are located in Chapter 18.60 KMC. [Ord. 16-0426 § 6 (Att. D).]
18.24.050 Conflicts.
In the event of conflict between Chapter 18.52 KMC, Design Standards, and downtown residential zone standards, the Kenmore downtown design standards shall prevail. [Ord. 23-0574 § 2 (Exh. A); Ord. 11-0329 § 3 (Exh. 1).]