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A. Allowed Uses and Basic Development Standards. The following table (see below) contains the basic zoning regulations that apply to uses in the Overlake Business and Advanced Technology (OBAT) zone. To use the chart, read down the left-hand column titled “Use.” When you have located the use that interests you, read across to find regulations that apply to that use. Uses are permitted unless otherwise specified in the Special Regulations column. Permitted uses may require land use permit approval. See RZC 21.76.020, Overview of the Development Process, for more information. Uses not listed are not permitted.

Table 21.12.210A
OBAT Allowed Uses and Basic Development Standards

§

Use

Max. FAR

Max. Height

Parking Ratio: Unit of Measure (Min. required, Max. allowed)

Special Regulations

Base; w / TDRs or GBP

Base;
w / TDRs or GBP

Residential1

1

Multifamily Structures

1.0;
1.0

5;
6

Unit (1.0, 2.25) plus 1 guest space per 4 units for projects of 6 units or more

2

Mixed-Use Residential

3

Dormitory

Bed (0.75, 0.75)

4

Residential suite

Bedroom (0.5, 1.0)

General sales or services

5

General Sales or Service

.55;
.62

9;
10

1,000 sq ft gfa (2.0, 3.0)

A. The following uses are prohibited:

1. Pet and animal sales or services;

2. Veterinary services;

3. Full-service restaurant; and

4. Travel arrangement and reservation services.

B. Convenience uses only.

C. If open to the general public, use shall:

1. Be located in multi-tenant buildings or as part of mixed-use developments; and,

2. Not exceed 20,000 square feet of gross floor area on a single site or 30,000 square feet of gross floor area on a single site if an athletic club or fitness center is included.

D. If open only to internal employees, use is not subject to the above constraints.

E. Automobile sales, rental and service not allowed except for service to public transit or company-owned vehicles provided the following conditions are met:

1. Requires a conditional use permit. See RZC 21.76.070.K, Conditional Use Permit.

2. Service for company-owned vehicles shall be accessory to another use.

3. Not permitted within a Transition Overlay.

F. Gasoline service requires a conditional use permit. See RZC 21.76.070.K, Conditional Use Permit.

G. The maximum number of parking stalls allowed may be increased to 5.0 per 1,000 square feet of gross floor area for the retail components of mixed-use developments.

6

Real Estate Services

.55;
.62

9;
10

1,000 sq ft gfa (2.0, 3.0)

Property management services only.

Manufacturing and Wholesale Trade

7

Manufacturing and Wholesale Trade

.55;
.62

9;
10

1,000 sq ft gfa (2.0, 3.0)

Outdoor storage not permitted.

Transportation, Communication, Information, and Utilities

8

Road, Ground Passenger and Transit Transportation

.55;
.62

9;
10

1,000 sq ft gfa (2.0, 3.0)

9

Rapid charging station

Adequate to accommodate peak use

Shall not be located on a parcel that abuts a residential zone, RZC
21.04.030 Comprehensive Allowed Uses Chart..

10

Battery exchange station

Shall not be located on a parcel that abuts a residential zone.

11

Communications and Information

1,000 sq ft gfa (2.0, 3.0)

12

Local Utilities; Regional Utilities

Adequate to accommodate peak use

Requires a conditional use permit if 40 feet in height or greater. See RZC 21.76.070.K, Conditional Use Permit.

13

Large Satellite Dishes/Amateur Radio Tower

.55;
.62

9;
10

Adequate to accommodate peak use

See RZC 21.56, Wireless Communication Facilities.

14

Antenna Array and Base Station

A Conditional Use Permit may be required; see RZC 21.56, Wireless Communication Facilities, for specific development requirements.

15

Antenna Support Structures

Requires a conditional use permit (see RZC 21.76.070.K, Conditional Use Permit) and must comply with RZC 21.56, Wireless Communication Facilities.

Arts, Entertainment, and Recreation

16

Arts, Entertainment, and Recreation

.55;
.62

9;
10

Adequate to accommodate peak use

17

Natural and other recreational parks

1,000 sq ft gfa (0, adequate to accommodate peak use)

Education, Public Administration, Health Care, and other Institutions

18

Education, Public Administration, Health Care, and other Institutions except those listed below

.55;
.62

9;
10

See Special Regulations

A. Associations, nonprofit organizations, etc., are not permitted.

B. Parking: The number of spaces must be adequate to accommodate the peak shift as determined by the Administrator after considering the probable number of employees, etc.

19

Day Care Center

.62;
.62

Employee on maximum shift (1.0, 1.0)

A. Play equipment shall be located no less than 10 feet from any property line.

B. Shall not be located closer than 300 feet from existing day care operation in residential zone.

C. If built at greater than 0.55 FAR without use of TDRs, deed restrictions shall be placed on building space to require space is used permanently for a day care center and no other uses.

20

Religious Institutions

.55;
.62

Assembly uses: 1,000 sq ft gfa (10.0, 10.0), or number of fixed seats (0.2, 0.2)

Other uses: 1,000 sq ft gfa (2.0, 3.0)

A. A seat is one fixed seat or 18 inches on a pew or bench or seven square feet in the general assembly area (including aisle space, but excluding stage, podium, lobby, and space for musical instruments).

B. Storage locations of buses/vans over 10,000 gvw shall be shown on a plan and screened from neighboring properties or right-of-way.

C. Decorative fencing or decorative walls and landscaping. on side or back lots are required when necessary to prevent visual impacts on neighboring properties and public shoreline areas.

D. Steeples, bell towers, crosses or other symbolic religious icons mounted on the rooftop may exceed the maximum shoreline building height by 15 feet. (SMP)

E. Maximum height for separate structures on-site, such as bell towers, crosses, statuary, or other symbolic religious icons is 50 feet.

F. A traffic mitigation plan is required. The plan shall address traffic control, parking management (including mitigation of overflow parking into adjoining residential areas), and traffic movement to the arterial street system.

G. Requires a conditional use permit if 750 seats or greater. See RZC 21.76.070.K, Conditional Use Permit.

Construction-Related Businesses

21

Construction-Related Businesses

.55;

.62

9;
10

1,000 sq ft gfa (2.0, 3.0)

Shall not include a showroom open to the general public.

Notes:

1Permanent supportive housing, as defined under RCW 36.70A.030, and transitional housing, as defined under RCW Chapter 84.36, are allowed in all land use districts where residential dwellings and/or hotel uses are allowed, subject to RZC 21.57.010, Permanent Supportive Housing, Transitional Housing, and Emergency Housing.

B. Repealed.

C. Building Height.

1. Height Tradeoff.

a. The maximum building height on a site may be exceeded when building height reductions are required at building edges, along a street or park, to achieve better design and stepped building height through the development approval process. The amount of floor area that is allowed to exceed the prescribed maximum building height (without use of bonuses or transfer of development rights) shall not exceed the floor area that was removed or omitted to create the stepped building facade and shall not exceed one additional floor above the prescribed maximum building height.

b. In no case shall a building exceed 9 stories without TDRs or 10 stories with TDRs.

2. Height Limit Overlay.

a. Purpose. This section establishes special height limits as shown on Map 12.7, Overlake Business and Advanced Technology (OBAT) Height Limits. The intent of this requirement is to promote compatibility on the edges of zones that allow more intense uses than abutting zones and to minimize adverse impacts such as glare.

b. Map 12.7-Overlake Business and Advanced Technology (OBAT) Height Limits.

Map 12.7
Overlake Business and Advanced Technology (OBAT) Height Limits

Map 12.7 Overlake Business and Advanced Technology (OBAT) Height Limits

Note: Online users may click the map for a full-size version in PDF format.

c. Requirements.

i. The Height Limit Overlay Map shows two kinds of overlays:

A. Reduced limits on maximum height for structures located within 300 feet of the OBAT Zone boundary with lower intensity zones; and

B. Increased limits on maximum height for structures in an interior portion of the OBAT Zone.

ii. 45-Foot Height Limit Overlay. Within this overlay, maximum structure height shall be 45 feet or three stories, whichever is lower.

iii. 35-Foot Height Limit Overlay.

A. Within this overlay, maximum structure height shall be 35 feet.

B. The maximum structure height may be increased up to 45 feet if at least one of the following features is provided;

1. At least one quarter of the on-site parking is provided in subterranean parking structures.

2. The existing grade under the proposed structure pad is at least 10 feet below the grade at the property lines of all properties that border or are across the street from the development site.

3. Transfer of development rights or Green Building and Green Infrastructure Incentive Program (GBP) are used to increase structure height. 

iv. 148-foot Height Limit Overlay. Within this overlay, maximum structure height shall be 9 stories and 134 feet without TDRs or 10 stories and 148 feet with TDRs.

3. Allowed structure height may be further increased within the 35-foot and 45-foot overlays if the following conditions are met:

a. The modified building height does not exceed the maximum height permitted by the RZC 21.12.210, OBAT Allowed Uses and Basic Development Standards.

b. The proposal with the height allowance will provide an equivalent or better transition to lower height residential zones as the limit imposed through the height overlay. Permit decision maker may consider:

i. Landscape features, such as retention or enhancement of vegetation;

ii. Building design features, such as massing or roofline;

iii. Site design features, such as use of landscaped berms; or

iv. Other features that meet the intent of this section.

D. Parking.

1. Developments may provide parking in excess of the maximum allowed parking standard, provided the excess parking is also available at all times to the general public, and there is signage at the facility to inform users which parking stalls are available for public use.

2. The Technical Committee may consider parking at a ratio as low as 1.5 per 1,000 if a covenant is recorded with the property which limits the uses to warehouse uses and/or limits the number of employees permitted in a building or project.

E. Residential Usable Open Space.

1. General Requirement. The minimum residential usable open space requirement establishes the minimum percentage of a development that must be set aside to provide usable open space for residents. Every development that includes residences shall provide usable open space in an amount equal or greater than 6.15 percent of the gross residential floor area.

2. Alternatives for configuration if the total amount of usable open space.

a. Common open space is open space that is open to all residents. It includes landscaped courtyards or decks, gardens with pathways, children’s play areas, and other multipurpose recreational or green spaces. Except for rooftop decks, it may be used to meet 100 percent of the usable open space requirement.

b. Common open space shall be large enough to provide functional leisure or recreational activity as determined by the Technical Committee. The average minimum dimension shall be 20 feet, with no dimension less than 12 feet.

c. Private open space is open space that is not open to all residents. It includes balconies, patios, and other multipurpose recreational or green spaces. It may be used to meet up to 50 percent of the open space requirement. Private open spaces shall be at least 50 square feet, with no dimension less than five feet.

d. Rooftop open space may be used to meet up to 50 percent of the usable open space requirement, except for rooftop open space described in subsection E.2.e below.

e. In some circumstances, a rooftop may be accessible from street grade because of significant slopes on a site. In such instances, rooftop open space built at street grade and open to the general public may be used to meet 100 percent of the usable open space requirement.

3. Combining Usable Open Space and Pedestrian Access. Parking areas, driveways, and pedestrian access other than pedestrian access required by Washington State Rules and Regulations for Barrier-Free Design shall not be counted as usable open space, except any pedestrian path or walkway traversing through the open space if the total width of the common usable open space is 18 feet or wider. (Ord. 2642; Ord. 2709; Ord. 2781; Ord. 2803; Ord. 2978; Ord. 3074)

Effective on: 2/12/2022