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))
The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the downtown residential zone:
Table A. Downtown Residential Zone Use Allowances*
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, nonmarine
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
Single room occupancy6
 
Laboratory
Temporary lodging9
 
Manufacturing, heavy
 
 
Manufacturing, light
 
 
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
Notes:
*Code reviser’s note: Ord. 24-0607 inadvertently omitted KMC § 18.24.020 Table A. This table has been amended at the request of the city.
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.
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. 11-0329 § 3 (Exh. 1); Ord. 14-0384 § 5; Ord. 16-0421 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 17-0438 § 2 (Att. A); Ord. 19-0481 § 2 (Exh. A); Ord. 23-0574 § 2 (Exh. A); Ord. 25-0631 § 2 (Exh. A))
Accessory uses, when consistent with the definition in Chapter 18.20 KMC, are allowed as determined by the city manager.
(Ord. 11-0329, § 3 (Exh. 1); Ord. 17-0438, § 2 (Att. A))
Specific zone-based development standards for the downtown residential zone in Table B apply to the DR zone as follows:
Table B. Downtown Residential Development Standards
STANDARD
REQUIREMENT
Base Density: Dwelling Units/Gross Acre1
48; applies east of 68th Avenue NE
Maximum Density: Dwelling Units/Gross Acre with Density Bonus Incentives1
72; density incentives or bonuses not required west of 68th Avenue NE
Minimum Density: Dwelling Units/Net Acre1
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.2
Maximum Impervious Surface: Percentage
90%
Pedestrian Connections
Pedestrian connections shall be provided in accordance with Chapter 18.52 KMC, Design Standards
Notes:
1
Sleeping units are calculated as one sleeping unit equals one-fourth dwelling unit.
2
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. 11-0329, § 3 (Exh. 1); Ord. 16-0428, § 13 (Att. I); Ord. 23-0574, § 2 (Exh. A); Ord. 25-0631, § 2 (Exh. A))
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. 11-0329, § 3 (Exh. 1); Ord. 23-0574, § 2 (Exh. A))