Chapter 18.30 DEVELOPMENT STANDARDS

The purpose of this chapter is to establish basic standards for development relative to residential density, dimensional requirements and specific rules for general application. The standards and rules are established to provide flexibility in project design, maintain privacy between adjacent uses and meet the on-site recreation needs of project residents. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.015 Burke-Gilman Trail.

A. RB-zoned properties which lie north of NE 175th Street shall provide 10 feet of Type II landscaping along the common property boundary with the Burke-Gilman public trail right-of-way. Property owners may negotiate with King County to have the Type II landscaping located within the Burke-Gilman public right-of-way.

B. The Burke-Gilman Trail shall be considered a public right-of-way for purposes of Sections 18.52.180, 18.52.200, 18.52.230, 18.52.240, and 18.52.310 of Chapter 18.52 KMC (Design Standards). [Ord. 23-0574 § 2 (Exh. A); Ord. 14-0391 § 2 (Exh. 1).]

18.30.020 Density calculations – Allowable dwelling units, lots or floor area.

Permitted number of dwelling units or lots or floor area shall be determined as follows:

A. The allowed number of dwelling units or lots (base density) shall be computed by multiplying the site area by the applicable residential base density number;

B. The maximum density (unit or lot) limits shall be computed by adding the bonus or transfer units authorized by Chapter 18.80 KMC to the base units computed under subsection A of this section;

C. The allowed floor area shall be computed by applying the floor area ratio to the project site area; and

D. Except for short subdivisions of four or fewer lots, when density calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows:

1. Fractions of 0.50 or above shall be rounded up; and

2. Fractions below 0.50 shall be rounded down.

E. When density calculations result in a fraction, the permitted number of lots derived from short subdivisions of four or fewer lots shall be rounded as follows:

1. For a short subdivision resulting in less than two lots (base density) as described in subsection A of this section, fractions of 0.85 shall be rounded up to the nearest whole number and fractions below 0.85 shall be rounded down.

2. For a short subdivision resulting in more than two but less than three lots (base density) as described in subsection A of this section, fractions of 0.75 shall be rounded up to the nearest whole number and fractions below 0.75 shall be rounded down.

3. For a short subdivision resulting in more than three lots but less than four lots (base density) as described in subsection A of this section, fractions of 0.60 shall be rounded up to the nearest whole number and fractions below 0.60 shall be rounded down. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.040 Fences.

Fences are permitted as follows:

A. Fences exceeding a height of eight feet shall comply with the applicable street and interior setbacks of the zone in which the property is located;

B. Fences located on a rockery, retaining wall, or berm within a required setback area are permitted subject to the following requirements:

1. In R-1 through R-18, P and GC zones:

a. The total height of the fence and the rockery, retaining wall or berm upon which the fence is located shall not exceed a height of 12 feet. This height shall be measured from the top of the fence to the ground on the low side of the rockery, retaining wall or berm; and

b. The total height of the fence itself, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed eight feet;

2. In the R-24, R-48, UR, DR, PSP, and commercial zones, the height of the fence, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed eight feet;

3. Any portion of the fence above a height of eight feet, measured to include both the fence and the rockery, retaining wall, or berm (as described in subsection (B)(1)(a) of this section), shall be an open-work fence;

C. Fences located on a rockery, retaining wall or berm outside required setback areas shall not exceed the building height for the zone, measured in accordance with the standards established in the City building code, KMC Title 15;

D. Electric fences shall:

1. Be permitted in all zones; provided, that when placed within R-4 through R-48 zones, additional fencing or other barriers shall be constructed to prevent inadvertent contact with the electric fence from abutting property;

2. Comply with the following requirements:

a. An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamps;

b. An electric fence using continuous current shall be limited to 1,500 volts at seven milliamps;

c. All electric fences in the R-4 through R-48 zones shall be posted with permanent signs a minimum of 36 square inches in area at 50-foot intervals stating that the fence is electrified; and

d. Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an A.N.S.I. approved testing agency; and

E. Except as specifically required for the necessary security related to a nonresidential use, no barbed or razor-wire fence shall be located in any R-4 through R-48 zone. [Ord. 23-0574 § 2 (Exh. A); Ord. 11-0329 § 3 (Exh. 1).]

18.30.050 Height – Measurement method.

A. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the ground elevations taken at the midpoint of each side of the square or rectangle; provided, that the measured ground elevations do not include berms.

B. When a proposed building height is within one foot of the maximum allowable height, the applicant shall provide a survey prior to final inspection, performed by a licensed surveyor, demonstrating compliance with the City’s height regulations.

[Ord. 11-0329 § 3 (Exh. 1).]

18.30.060 Height – Exceptions to limits.

The following structures may be erected above the height limits:

A. Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and

B. Fire or parapet walls, skylights, flagpoles, chimneys, smokestacks, church steeples, crosses, spires, utility line towers and poles, and similar structures.

Development in the CB west zone (see KMC 18.23.040) is specifically excluded from the exceptions to height limitations of this section. All height provisions and exceptions to height limitations for the CB west zone are found in KMC 18.23.040. [Ord. 18-0454 § 2 (Exh. 1); Ord. 16-0426 § 7 (Att. E); Ord. 11-0329 § 3 (Exh. 1).]

18.30.070 Light and glare.

A. To minimize adverse impacts of lighting on motorists, pedestrians and the surrounding area, the following site standards apply:

1. Exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the property and directed downward and away from adjoining properties, streets and public walkways.

2. Lighting shall not blink, flash, or be of unusually high intensity or brightness.

B. In no case shall more than one foot-candle power of light five feet above-ground cross a property line in a residential zone as measured by a light meter meeting the American National Standards Institute specifications for such instruments.

C. The owner of the property on which the light source is located shall bear the burden of proof that exterior lighting on their property meets these requirements, including the expense of a light meter reading. The meter reading shall be taken by a person deemed qualified by the city manager.

D. To reduce light and glare impacts, the city manager is authorized to require mitigating measures including, but not limited to, removal of the light; limiting the area and intensity of illumination; limiting the location or angle of illumination; limiting the hours of illumination; and/or requiring landscaping.

E. Residential and commercial holiday lighting; overhead street lighting and warning, emergency, or traffic signals; and lighting associated with permitted signs as described in Chapter 18.42 KMC are exempt from the provisions of this section. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.080 Lot area – Prohibited reduction.

Any portion of a lot that was used to calculate compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.090 Lot area – Minimum lot area for construction.

Except as provided for nonconformances in Chapter 18.100 KMC, in the R-1, R-4 and R-6 zones no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for a legal lot as determined through KMC 17.15.070 created prior to February 2, 1995, that since February 2, 1995, has not simultaneously been owned by the owner of a contiguous lot(s). [Ord. 11-0329 § 3 (Exh. 1).]

18.30.100 Lot divided by zone boundary.

When a lot is divided by a zone boundary, the following rules shall apply:

A. When a lot contains both residential and nonresidential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site;

B. When a lot contains residential zones of varying density:

1. Any residential density transfer within the lot shall be allowed from the portion with the lesser residential density to that of the greater residential density;

2. Residential density transfer from the higher density zone to the lower density zone may be allowed only when:

a. The units transferred from any R-12 to R-48 zoned portion of the lot are maintained in an attached dwelling unit configuration on the lower density portion receiving such units,

b. The transfer does not reduce the minimum density achievable on the lot,

c. The transfer enhances the efficient use of needed infrastructure,

d. The transfer does not result in significant adverse impacts to the low density portion of the lot,

e. The transfer contributes to preservation of critical areas, wildlife corridors, or other natural features, and

f. The transfer does not result in significant adverse impacts to adjoining lower density properties;

3. Compliance with these criteria shall be evaluated during review of any development proposals in which such a transfer is proposed; and

C. Uses on each portion of the lot shall only be those permitted in each zone. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.110 Lot width – Measurement method.

Lot width shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot; provided, that an access easement, access tract, access panhandle and building setbacks shall not be included within the circle area. See KMC 17.20.120(C) for additional standards related to lot configuration. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.112 Cannabis businesses – Standards.

Nothing in this code or the ordinances of the City shall be construed as an authorization to violate any federal law. Affirmative terminology used in this section regarding permitting, licensing, authorization, and similar terms shall not be construed as approval, support, endorsement, or encouragement of the activities addressed in this code or City ordinances with regard to cannabis businesses. Such terms shall instead be construed only to describe circumstances under which there is conditional absence of local prohibition. The City does not intend to aid, abet, counsel, command, induce or procure any offense against the United States. The City also does not intend to conspire with any cannabis producer, processor, researcher, or retailer to commit any offense against the United States. The purpose of all regulations relating to cannabis businesses is to establish local laws which protect public safety, health and welfare to the greatest extent allowed by a Washington State law that cannot be reconciled with federal law. Nothing herein shall be construed to supersede federal law prohibiting the possession, use, manufacture, or sale of cannabis.

The following standards shall apply to cannabis businesses:

A. No person or entity may apply for, receive or maintain a permit to locate a cannabis business in the City unless that person or entity holds a valid cannabis business license from the Washington State Liquor and Cannabis Board verifying that the business complies with Chapter 314-55 WAC and all state laws relating to cannabis businesses. A cannabis business with an active administrative violation notice from the Washington State Liquor and Cannabis Board and/or a suspended license shall not be permitted to locate in the City until the violation is resolved and/or any associated fines have been paid or suspensions concluded.

B. Cannabis businesses shall maintain a 1,000-foot separation from the perimeter of the grounds of any of the following entities:

1. Elementary or secondary school;

2. Playground;

3. Recreation center or facility;

4. Child care center;

5. Public park;

6. Public transit center;

7. Library;

8. Any game arcade (where admission is not restricted to persons age 21 or older);

9. Properties owned or under contract by a public entity such as a school district or the City where a future elementary or secondary school or public park is planned when such plans have been approved or adopted by the public entities’ governing authority; or

10. Another cannabis business, except that a cannabis researcher shall not have this particular separation requirement.

Definitions of subsections (B)(1) through (B)(8) of this section, and the methodology for measuring the buffers outlined above, shall be as provided in Chapter 314-55 WAC.

C. Cannabis businesses shall not be located on a parcel any portion of which is within 200 feet of a residential zone (R-1, R-4, R-6, R-12, R-18, R-24, R-48, or UR).

D. Cannabis producers or cannabis processors shall not be located in a building that includes residential uses.

E. Outdoor cannabis production shall be prohibited.

F. Drive-through cannabis retail sales shall be prohibited.

G. Signage for cannabis businesses shall comply with Chapter 18.42 KMC and Chapter 314-55 WAC. In the event of a conflict between these regulations, the more restrictive regulation shall apply.

H. A cannabis business shall have a valid City business license.

I. By accepting a permit issued pursuant to this section, the licensee, its owners, officers, operators, and employees, waives and releases the City, its officers, officials, employees, volunteers and agents from any and all liability for injuries, damages, suits or liabilities, including attorneys’ fees, that result from any arrest or prosecution of licensees’ owners, officers, operators, employees, clients or customers for a violation of federal, State or local laws and regulations.

J. By accepting a permit issued pursuant to this chapter, the licensee, its owners, officers, operators, and employees, indemnifies, defends and holds harmless the City, its officers, officials, employees, volunteers, agents, insurers and self-insurance pool against any and all liability, claims, injuries, damages, losses or suits, including attorneys’ fees, arising out of or in any manner connected with the cannabis business that is the subject of the license.

K. In addition to any other applicable remedy and/or penalty, any violation by a licensee, and persons associated with licensee as described in subsections I and J of this section, of this code or City ordinances is declared to be a public nuisance per se, and may be abated by the City under the applicable provisions of this code or State law including, but not limited to, Chapter 1.20 KMC. [Ord. 24-0607 § 2 (Exh. A(XXIII)); Ord. 23-0574 § 2 (Exh. A); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 7.]

18.30.113 Outdoor storage for nonresidential uses.*

A. Where outdoor storage is permitted, it shall meet the following standards:

1. Storage shall not be permitted in required setbacks and shall not be located between the building(s) and the primary street.

2. Storage shall be screened from view from the public right-of-way and adjacent residential zones using a minimum six-foot-high solid wood fence, masonry wall, or vegetation approved by the city manager.

3. Storage shall be maintained in a neat, orderly and safe manner.

4. Outdoor storage areas shall be graded and shall meet the requirements of the City’s Stormwater Pollution Prevention Manual. Outdoor storage areas may be surfaced with permeable materials if adequate drainage and erosion and dust control are provided.

5. Lighting shall be directed away from adjacent residential zones and shall be shielded as necessary to reduce impacts.

B. Exception: In cases where an outdoor storage area is used for purposes of product advertising, the city manager may make an exception to these standards. Exceptions shall be the minimum necessary to achieve the outdoor advertising purpose. [Ord. 14-0391 § 2 (Exh. 1).]

*Code reviser’s note: Ord. 14-0391 added this section as KMC 18.30.112. It has been editorially renumbered to avoid duplication.

18.30.115 Public nuisance – Prohibited activities.

It is unlawful for any person to keep, maintain or deposit on any property in the City a public nuisance including, but not limited to, the following:

A. Open storage of rubbish or junk including, but not limited to, refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires and piles of earth, not including compost bins.

B. Combustible material likely to become easily ignited or debris resulting from any fire and which constitutes a fire hazard, as defined in the fire code as adopted by the City pursuant to KMC 15.10.010.

C. Abandoned vehicles, wrecked, dismantled or inoperative vehicles or remnant parts thereof. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.130 Recreation space – On-site areas.

A. Excluding age restricted senior citizen housing, single-family detached subdivisions; apartment, townhouse and mixed use development of more than nine units in the R-4 through R-48, UR, and DR zones; and standalone apartment or townhouse developments in the NB, UC or DC zone of more than nine units, shall provide a common recreational open space area on site, except when facilities are available to the public that meet all of the following requirements:

1. Are developed as a county, municipal or regional park;

2. Are located within one-quarter mile walking distance; and

3. Are accessible without crossing any arterial street.

B. Common recreational open space area designs shall comply with the following requirements:

1. Provide at least 45 square feet per dwelling unit, with a minimum size of 450 square feet;

2. Be adjacent to main pedestrian paths or near building entrances;

3. Be suitable and safe as a play space for children; and

4. Be graded and landscaped to encourage use by occupants of the development, including children. The applicant may provide permanent amenities (seating, picnic tables, play equipment, etc.). If play equipment is proposed, the equipment shall meet, at a minimum, the Consumer Product Safety Standards for equipment, soft surfacing and spacing.

C. Subdivisions with common recreational open space areas which are contained within the on-site stormwater tracts, but are located outside of the 100-year design water surface, may be credited for up to 50 percent of the required square footage of the on-site recreation space requirement on a foot-per-foot basis, subject to the following criteria:

1. The stormwater tract and any on-site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowners’ association or other organization as approved by the city manager;

2. The stormwater facilities shall be constructed to meet the following conditions:

a. The side slope of the stormwater facilities shall not exceed 33 percent unless slopes are existing, natural and covered with vegetation;

b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard;

c. The stormwater facilities shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and

d. The stormwater facilities shall be designed so they do not require fencing pursuant to the Surface Water Design Manual.

D. In the case of joint use of the tract for stormwater facilities and recreation space, the City shall be responsible for maintenance of the stormwater facilities only and will require a drainage easement for that purpose.

E. A recreational open space plan shall be submitted to the department and reviewed and approved with engineering plans.

1. The recreational open space plan shall address all portions of the site which will be used to meet recreation space requirements of this section (including stormwater facilities). The plan shall show dimensions, finished grade, landscaping and improvements, as required by the city manager, to demonstrate that the requirements of this section have been met.

2. If engineering plans indicate that the on-site stormwater facilities or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space pursuant to subsection A of this section will be met. [Ord. 23-0574 § 2 (Exh. A); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

18.30.140 Recreation space – Maintenance.

Maintenance of any common recreational open space provided under KMC 18.30.130 shall be the responsibility of the owner(s) or other separate entity capable of long-term maintenance and operation in a manner acceptable to the department. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.150 Recreation space – Financial guarantees.

Financial guarantees for construction of recreation facilities required by KMC 18.30.130 shall be provided consistent with the provisions of KMC Title 21. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.155 Recreational vehicles.

A. A single recreational vehicle (RV) may be occupied for temporary lodging for up to three weeks on a lot already containing another dwelling unit with the permission of the property owner subject to the following conditions:

1. No more than two three-week periods shall be permitted per calendar year per lot and the two periods shall be separated by a minimum of 30 calendar days;

2. Such use shall not create a public health hazard or nuisance;

3. The RV shall be parked on an approved parking pad;

4. No business occupation shall be conducted in said RV;

5. The RV shall not use generators.

B. An RV may be occupied for temporary lodging for up to 45 consecutive days if connected to approved utilities including potable water and wastewater disposal and approved through a temporary use permit.

1. The temporary use permit issued must be affixed to the RV in such a manner that it is prominently displayed and visible, to the extent possible, from a public right-of-way.

C. The city manager may approve use of an RV for temporary lodging not meeting the standards of subsections A and B of this section when necessary to provide emergency shelter. Approval timeframes and conditions of approval shall be as determined by the city manager. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.160 Setbacks – Measurement.

A. Street Setback. The street setback is measured from the existing edge of a street right-of-way or temporary turnaround or the edge of the street paving if it extends beyond the right-of-way, whichever is closer to the proposed structure, to a line parallel to and measured perpendicularly from the street right-of-way or temporary turnaround or the edge of the street paving which extends beyond the right-of-way at the depth prescribed for each zone. A lot may have more than one street setback.

B. Rear Setback. The rear setback is measured from the line opposite the street lot line to which a building faces, to a line parallel to and measured perpendicularly from the rear lot line at the depth prescribed for the zone. On a corner lot, the street lot line to which a building faces shall be determined by the city manager to be the yard which best conforms to the pattern of the adjacent block faces. A lot shall have only one rear setback.

C. Side Setback. Any boundary of a lot which is not a street lot line or a rear lot line is considered a side lot line. The side setback is measured from side lot lines to a line parallel to and measured perpendicularly from the side lot lines at the depth prescribed for the zone.

D. Interior Setback. Any boundary of a lot which is not a street lot line is considered an interior lot line. The interior setback is measured from interior lot lines to a line parallel to and measured perpendicularly from the interior lot lines at the depth prescribed for the zone. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.170 Setbacks – Specific building or use.

When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.190 Setbacks – Modifications.

The following setback modifications are permitted:

A. When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line; and

B. When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback.

C. The city manager may reduce setbacks in residential zones regulated by Chapter 18.21 KMC to 10 feet, and setbacks in other zones to five feet, in order to maximize the protection of a critical area or buffer and avoid exceptions or variances. [Ord. 19-0488 § 5 (Exh. 3); Ord. 11-0329 § 3 (Exh. 1).]

18.30.200 Setbacks – From regional utility corridors.

A. In subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts.

B. In other types of land development permits, easements shall be used to delineate such corridors.

C. All buildings and structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor or when structures are allowed by mutual agreement in the utility corridor. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.210 Setbacks – From alley.

A. Structures may be built to a property line abutting an alley, except as provided in subsection B of this section.

B. Vehicle access points from garages, carports or fenced parking areas shall be set back from the alley property line to provide a straight line length of at least 26 feet, as measured from the centerline of the garage, carport or fenced parking area, from the access point to the opposite edge of the alley. No portion of the garage or the door in motion may cross the property line. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.220 Setbacks – Required modifications.

The following setback modifications are required:

A. In addition to providing the standard street setback, a lot adjoining a half-street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half-street or arterial; and

B. Where the standard setback for a property is modified within an adopted subarea or neighborhood plan area zoning, the applicable setback shall be that specified therein. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.230 Setbacks – Projections and structures allowed.

Provided that the required setbacks from regional utility corridors of KMC 18.30.200, the adjoining half-street or designated arterial setbacks of KMC 18.30.220 and the sight distance requirements of KMC 18.30.240 are maintained, structures may extend into or be located in required setbacks, including setbacks as required by KMC 18.21.060(B), as follows:

A. Fireplace structures, bay or garden windows, enclosed stair landings, closets, or similar structures may project into any setback, provided such projections are:

1. Limited to two per facade;

2. Not wider than 10 feet; and

3. Not more than 24 inches into an interior setback or 30 inches into a street setback;

B. Uncovered porches and decks which exceed 18 inches above the finished grade may project:

1. Eighteen inches into interior setbacks in the NB, CB, UR, DR, DC, UC, WC, RB, PSP, P, and GC zones;

2. Eighteen inches into side setbacks in the R and MHC zones;

3. Eighteen inches into rear setbacks in the R-12 through R-24 and MHC zones;

4. Five feet into rear setbacks in the R-1 through R-6 zones; and

5. Five feet into street setbacks;

C. Uncovered porches and decks not exceeding 18 inches above the finished grade may project to the property line;

D. Eaves may not project more than:

1. Eighteen inches into an interior setback;

2. Twenty-four inches into a street setback; or

3. Eighteen inches across a lot line in a zero-lot-line development;

E. Facade antennas approved under Chapter 18.60 KMC may project into any setback, provided such projections are:

1. Limited to two per facade;

2. Not wider than three feet; and

3. Not more than 24 inches into an interior setback or 30 inches into a street setback;

F. Fences with a height of eight feet or less may project into or be located in any setback;

G. Rockeries, retaining walls and curbs may project into or be located in any setback, provided these structures:

1. Do not exceed a height of six feet in the R-1 through R-18, parks and golf course zones;

2. Do not exceed a height of eight feet in the R-24, R-48, MHC, urban residential, and downtown residential zones; and

3. Do not exceed the building height for the zone in commercial and public/semi-public zones, measured in accordance with the standards established in the City building code, KMC Title 15;

The Retaining Wall in Setback illustration in this subsection G is revised to amend the language in the second standard as follows: “H maximum of 8' in R-24, R-48, DR, and UR zones.”

H. Fences located on top of rockeries, retaining walls or berms are subject to the requirements of KMC 18.30.040;

I. Telephone, power, light and flag poles;

J. The following may project into or be located within a setback, but may only project into or be located within a five-foot interior setback area if an agreement documenting consent between the owners of record of the abutting properties is recorded with the City prior to the installment or construction of the structure:

1. Sprinkler systems, electrical and cellular equipment cabinets, air conditioning units, and other similar utility boxes and vaults;

2. Security system access controls;

3. Structures, except for buildings, associated with trails and on-site recreation spaces required in KMC 18.30.130 such as benches, picnic tables and drinking fountains; and

4. Surface water management facilities as required by Chapter 13.35 KMC;

K. Mailboxes and newspaper boxes may project into or be located within street setbacks;

L. Fire hydrants and associated appendages;

M. Metro bus shelters may be located within street setbacks;

N. Unless otherwise allowed in KMC 18.42.090, freestanding and monument signs four feet or less in height, with a maximum sign area of 20 square feet, may project into or be located within street setbacks; and

O. Stormwater conveyance and control facilities, both above and below ground, provided such projections are:

1. Consistent with setback, easement and access requirements specified in the Surface Water Design Manual; or

2. In the absence of said specifications, not within five feet of a rear or interior lot line;

P. Minor improvements such as garden sculpture, landscape water features, trellises not attached to a building, and similar decorative structures;

Q. In a rear setback in the R-4 and R-6 residential zones, the following structures are permitted if it is determined by the city manager that they will not have any substantial detrimental effect on abutting properties or the City as a whole; and provided, that they shall be no closer than five feet to the rear lot line:

1. Children’s play structures not otherwise regulated by this title;

2. No more than one storage shed or similar use, limited in height to eight feet for a flat roof or 10 feet for a pitched roof, with a maximum dimension of 15 feet on any side and a total area not exceeding 200 square feet;

3. An arbor, not attached to a building and limited in height to eight feet, with a maximum footprint of 100 square feet, including eaves. If latticework is used, there shall be a minimum opening of two inches between crosspieces.

R. In a rear setback in the R-4 and R-6 residential zones, an accessory dwelling unit shall be permitted; provided, that the accessory dwelling unit shall be no closer than 10 feet to the rear lot line. All of the other standards for accessory dwelling units specified in Chapter 18.73 KMC shall be met. [Ord. 23-0574 § 2 (Exh. A); Ord. 20-0510 § 2 (Exh. A); Ord. 19-0481 § 2 (Exh. A); Ord. 17-0438 § 2 (Att. A); Ord. 16-0428 § 13 (Att. I); Ord. 16-0426 § 7 (Att. E); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

18.30.240 Sight distance requirements.

Except for utility poles and traffic control signs, the following sight distance provisions shall apply to all intersections and site access points:

A. A sight distance triangle area as determined by subsection B of this section shall contain no fence, berm, vegetation, on-site vehicle parking area, signs or other physical obstruction between 42 inches and eight feet above the existing street grade;

B. The sight distance triangle at:

1. A street intersection shall be determined by measuring 15 feet along both street property lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the endpoints of the first two sides of the triangle; or

2. A site access point shall be determined by measuring 15 feet along the street lines and 15 feet along the edges of the driveway beginning at the respective points of intersection. The third side of each triangle shall be a line connecting the endpoints of the first two sides of each triangle; and

C. The city manager may require modification or removal of structures or landscaping located in required street setbacks, if:

1. Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and

2. No reasonable driveway relocation alternative for an adjoining lot is feasible.

D. If an off-site sight distance triangle is created on adjoining property, the applicant shall obtain an easement from the neighboring property owner for the area of the sight distance triangle and make such modifications as are necessary to provide adequate sight distance for drivers.

E. The city manager may modify any of the requirements of this section as long as public safety is not compromised. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.250 Storage space and collection points for trash and recyclables.

Multiple-family dwelling and nonresidential developments shall provide storage space for the collection of trash and recyclables as follows (for all zones except in the DC and DR zones, or RB-zoned properties that are not subject to P-suffix condition NS-P4, and which lie north of NE 175th Street between 65th Avenue NE extended and 73rd Avenue NE, as described in subsection G of this section):

A. The storage space shall be provided at the following rates, calculated based on any new dwelling unit in multiple-family dwelling developments and any new square feet of building gross floor area in any other developments:

1. One and one-half square feet per dwelling unit in multiple-family dwelling developments except where the development is participating in a City-sponsored or approved direct collection program in which individual recycling bins are used for curbside collection;

2. Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments;

3. Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and

4. Five square feet per every 1,000 square feet of building gross floor area in retail developments.

B. The storage space for residential developments shall be apportioned and located in collection points as follows:

1. The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building.

2. There shall be one collection point for every 30 dwelling units.

3. Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors.

4. Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building.

5. Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way.

C. The storage space for nonresidential developments shall be apportioned and located in collection points as follows:

1. Storage space may be allocated to a centralized collection point.

2. Outdoor collection points shall not be located in any required setback areas.

3. Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way.

4. Access to collection points may be limited, except during regular business hours and/or specified collection hours.

D. The collection points shall be designed as follows:

1. Dimensions of the collection points shall be of sufficient width and depth to enclose containers for trash and recyclables.

2. Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site.

3. Collection points shall be identified by signs not exceeding two square feet.

4. A minimum six-foot-tall wall or fence shall enclose any outdoor collection point.

5. Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet.

6. Weather protection of trash and recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area.

E. Only trash and recyclable materials generated on-site shall be collected and stored at such collection points. Except for initial sorting of recyclables by users, all other processing of such materials shall be conducted off-site.

F. The city manager may waive or modify specific storage space and collection point requirements set forth in this section if the city manager finds, in writing, that an alternate program design proposed by the applicant meets the needs of the development and provides an equivalent or better level of storage and collection for trash and recyclables.

G. For the DC and DR zones, or RB-zoned properties which lie north of NE 175th Street, the standards in this section apply as an option. The design standards offer additional options for screening of storage for these areas only. [Ord. 23-0574 § 2 (Exh. A); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

18.30.260 Trail corridors – Applicability.

Trail easements shall be provided by any development, except for single detached residential permits, when such developments are located within any community or regional trail corridor identified by an adopted Kenmore plan identifying community and/or regional trail systems. The residents or tenants of the development shall be provided access to the trail easement. The area of the trail easement shall be counted as part of the site for purposes of density and floor area calculations. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.270 Trail corridors – Design standards.

Trail design shall be reviewed by the department for consistency with adopted standards, including the standards in KMC Title 12, for:

A. Width of the trail corridor;

B. Location of the trail corridor on the site;

C. Surfacing improvements; and

D. Use(s) permitted within the corridor. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.280 Trail corridors – Maintenance of trail corridors/improvements.

Maintenance of any trail corridor or improvements, retained in private ownership, shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the department. [Ord. 11-0329 § 3 (Exh. 1).]

18.30.290 Relocation plan for manufactured housing communities.

Any development proposal to convert an existing manufactured housing community to another use shall include a relocation plan detailing, at a minimum, the pertinent laws related to manufactured housing community closure (City, county or State), an explanation of tenants’ rights according to State law, a list of potential sources of assistance (governmental, financial, etc.), a list of nearby manufactured housing communities with available spaces, and a list of companies that move manufactured, designated manufactured or mobile homes. The time period for the required State notice of closure of a manufactured housing community shall not commence until the relocation plan is approved by the city manager and copies are distributed to each tenant household in the manufactured housing community. An affidavit verifying such distribution shall be submitted to the City. [Ord. 19-0481 § 2 (Exh. A).]