Chapter 15.315 OVERLAY ZONES (OZ)

Chapter 15.315
OVERLAY ZONES (OZ)

Sections:

15.315.100 High-Density Single-Family Overlay Zone

15.315.200 Pedestrian-Oriented Commercial Development Overlay Zone

15.315.005 Purpose

The purpose of this chapter is to provide for alternative development standards and to address development opportunities which can exceed the quality of standard developments. This is accomplished by establishing overlay zones (OZ) with alternative standards for special areas designated by the City’s Comprehensive Plan and this code. (Ord. 15-1018 § 1)

15.315.010 Authority and Application

Overlay zones shall be combined with underlying zoning for ownerships, or areas containing several properties, to carry out Comprehensive Plan policies and designations, subject to the following provisions:

A. An overlay zone shall be applied to land only through area zoning adopted in conjunction with the Comprehensive Plan, plan updates, or amendments, with policies and a plan map designation as provided in the Comprehensive Plan. Each application of an overlay zone shall prescribe the purposes and location of the overlay;

B. An overlay zone shall be indicated on the zoning map with the suffix “OZ” following the map symbol of the underlying zone or zones. The Comprehensive Plan and area zoning shall determine which underlying zones are subject to the overlay, unless a specific underlying zone is required for an overlay zone in this chapter;

C. The overlay zones set forth in this chapter are the only overlay zones authorized by the code. New or amended overlay zones to carry out new or different goals or policies shall be adopted as part of this chapter and be available for use in the City and meet the goal and policies of the Comprehensive Plan;

D. The overlay zones set forth in this chapter may waive, modify and substitute for the range of permitted uses and development standards established by the code and for any use or underlying zone; and

E. Unless they are specifically modified by the provisions of this chapter, the standard requirements of the code and other City ordinances and regulations govern all development and land uses within the overlay zones. (Ord. 15-1018 § 1)

15.315.100 High-Density Single-Family Overlay Zone

A. Purpose. The purpose of the high-density single-family overlay zone is to provide areas of higher density in small pockets of the single-family zone classifications. This will help to encourage infill and allow the development of past platted properties that may have restricted development potential due to the shape or topography of the site.

B. Development Standards. The following development standards shall apply to residential development locating in the high-density single-family overlay zone:

1. The lot size shall not be decreased below five thousand (5,000) square feet, not including road easements in the lot calculations; and

2. Zero lot lines shall be encouraged, and joint open space areas shall be provided with appropriate maintenance covenants for all property owners; and

3. The development must meet required site-specific SEPA conditions to mitigate project impacts on transportation, utilities, drainage, police and fire protection, schools, parks and environmentally sensitive areas; and

4. Each overlay zone area shall be linked in some form to a high-capacity transit mode; and

5. Screening landscaping shall be provided on the boundaries of the sites equal to or greater than the minimum requirements for multi-family dwellings as determined by the Director; and

6. At least ten percent (10%) of all residential units shall be affordable to low-income households. “Low-income” is an income level below eighty percent (80%) of the median household income for King County, adjusted for household size; and

7. Housing required by this section shall be affirmatively marketed to racial minorities and handicapped persons; and

8. A covenant locking in the rent levels for low-income levels for a fifteen (15) year period shall be recorded against the property; and

9. The project will need to be reviewed through the rezone process (See Chapter 15.115 SMC, Land Use Actions and Procedures); and

10. All areas in high density single-family overlay zones shall be served with public water and public sewer. No use of on-site sewage disposal systems shall be permitted. The developer of a high density single-family overlay zone shall be responsible for the construction of all on-site and off-site improvements and additions to water and sewer facilities required to support the high density single-family overlay zone. (Ord. 15-1018 § 1)

15.315.200 Pedestrian-Oriented Commercial Development Overlay Zone

A. Purpose. The purpose of this overlay zone is to provide for high-density, pedestrian-oriented retail/employment uses. Pedestrian-oriented commercial use overlays shall only be established in areas zoned CB and RBX, high-density commercial areas. Permitted uses shall be those permitted in the underlying zone, excluding the following:

1. Retail and service uses with outside storage (e.g., lumber yards, miscellaneous equipment rental or machinery sales);

2. Trucking and courier service;

3. Manufacturing/industrial uses as set forth in Chapter 15.205 SMC, Land Use Chart.

B. Development Standards. The following development standards shall apply to uses located in pedestrian-oriented commercial overlay zones, which should have some form of high-capacity transit available now or in the near future:

1. Every use shall be subject to pedestrian-oriented use limitations and street facade development standards (e.g., placement and orientation of buildings with respect to streets and sidewalks, arcades or marquees) identified and adopted through the area zoning that implements the City’s Comprehensive Plan;

2. Lot coverage shall range from seventy percent (70%) to eighty-five percent (85%), including the residential component of mixed use developments, but not including uncovered parking lots;

3. Building setback and height requirements may be waived, except for areas within fifty (50) feet of the perimeter of any overlay zone or abutting a UM or lower density residential zone;

4. The landscaping requirements shall be determined in an overlay zone landscape plan. The overlay zone landscaping plan shall include features addressing street trees, pedestrian vehicle separation, and other design amenities (e.g., landscaped plaza, public parks, or functional open space);

5. Sidewalk width requirements shall be increased from a range of twelve (12) to sixteen (16) feet on streets designated as major pedestrian corridors. The sidewalks exceeding the amount required in the adopted City Road Standards may occur on private property adjoining the public street right-of-way; and

6. Off-street parking requirements of SMC 15.455.110, Required Off-Street Parking Spaces, are modified as follows for all nonresidential uses: no less than one (1) space for each one thousand (1,000) square feet of floor area and no greater than one (1) space for every five hundred (500) square feet of floor area shall be provided. Parking for mixed use developments shall be provided in the following manner:

a. No more than twenty-five percent (25%) of parking shall be on-site surface parking. Such parking shall be placed in the interior of the site, or at the rear of the building it serves; and

b. At least seventy-five percent (75%) of the required parking shall be enclosed under the structure, or located at an off-site satellite site pursuant to SMC 15.455.150, Location of Parking. (Ord. 17-1023 § 1; Ord. 15-1018 § 1)

15.315.300 Equestrian Overlay Zone

A. Purpose. The limitations on keeping horse/equine animals in the City herein have the following purposes:

1. To maintain the general health and sanitation of the City;

2. To minimize adverse impacts to established neighborhoods which could result from the keeping of animals; and

3. To ensure that horses/equine animals are maintained in a safe and humane environment.

B. Minimum Requirements for New Horse/Equine Animals.

1. An overlay zone must be proposed and approved through the rezone process, encompassing no less than two (2) property owners with contiguous parcels or a single property owner with a minimum lot size of 30,000 square feet;

2. A maximum of two (2) horse/equine animals per ten thousand (10,000) square feet of lot area within approved overlay zones; and

3. Any horse/equine animals above two (2) shall require an additional ten thousand (10,000) square feet per animal.

C. Minimum Review Requirements for Existing and New Horses/Equine Animals.

1. A site plan indicating the approximate location of the on-site dwelling units and accessory structures used to house horse/equine animals shall be submitted to the Department. The plan must note any potential or existing grazing/exercise areas and the distance of adjacent dwellings to the subject site’s property boundaries and stables;

2. Notice shall be given to citizens owning horse(s) after the date of this code being adopted, and an approved health/boarding checklist shall be completed by the applicant and reviewed by the Code Enforcement Official by inspection; and

3. A license fee as established by current license fee schedule.

D. Minimum Setbacks. Any structure or enclosure used to provide board for horse/equine animals must be at least fifteen (15) feet from any property line and at least thirty (30) feet from any dwelling unit located on an adjacent lot. Roaming or grazing areas must be at least five (5) feet from all side property lines and five (5) feet from any rear property line, and at least ten (10) feet from any dwelling unit located on an adjacent lot, and shall be constructed according to these setback requirements.

E. Special Regulations and Requirements.

1. If an abutting property owner files a signed and notarized statement in support of the request, the City may permit roaming or grazing areas to extend to the property line in common with the abutting property. Such release shall be effective until revoked in writing by the abutting property owner and the City.

2. The City may limit the number of animals allowed to less than the maximum considering:

a. Proximity to dwelling units both on and off the subject property;

b. Negative impact on surrounding uses; or

c. Effect and impact on identified sensitive areas.

3. The applicant must provide and maintain the following items as reviewed and approved on the health/board checklist by the City:

a. Fences, minimum of five (5) feet in height;

b. Method of manure disposal (recycled/composted on site) and rodent/insect control; hay/grain storage containers with controlled access; and odor control.

F. Annual Registration of Horse/Equine Animals. All horse/equine animals shall be registered annually under the City animal license process. (Ord. 15-1018 § 1)