Seattle City Council Bills and Ordinances
Information modified on June 16, 2014; retrieved on March 29, 2024 6:20 AM
Ordinance 124475
Introduced as Council Bill 118052
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AN ORDINANCE related to land use and zoning; repealing Section 23.24.046 and amending Sections 23.22.062, 23.24.045, 23.34.086, 23.44.010, 23.44.012, 23.44.022, 23.84A.004, 23.84A.024, 23.84A.046, and 23.86.010 of the Seattle Municipal Code to adopt permanent development regulations to promote compatible buildings on undersized single- family-zoned lots. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 118052 |
Index Terms: | ZONING, LAND-USE-CODE, SINGLE-FAMILY-RESIDENTIAL-AREAS, LAND-USE-REGULATIONS |
References: | Clerk File 313652. |
Legislative History | |
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Sponsor: | O'BRIEN | tr>
Date Introduced: | March 10, 2014 |
Committee Referral: | Planning, Land Use, and Sustainability |
Committee Action Date: | May 6, 2014 |
Committee Recommendation: | Pass as Amended |
Committee Vote: | 4(O'Brien, Burgess, Clark, Licata)-0 |
City Council Action Date: | May 19, 2014 |
City Council Action: | Passed |
City Council Vote: | 9-0 |
Date Delivered to Mayor: | May 20, 2014 |
Date Signed by Mayor: (About the signature date) | May 29, 2014 |
Date Filed with Clerk: | May 29, 2014 |
Signed Copy: | PDF scan of Ordinance No. 124475 |
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CITY OF SEATTLE ORDINANCE __________________ COUNCIL BILL __________________ AN ORDINANCE related to land use and zoning; repealing Section 23.24.046 and amending Sections 23.22.062, 23.24.045, 23.34.086, 23.44.010, 23.44.012, 23.44.022, 23.84A.004, 23.84A.024, 23.84A.046, and 23.86.010 of the Seattle Municipal Code to adopt permanent development regulations to promote compatible buildings on undersized singlefamily-zoned lots. WHEREAS, in the course of considering permanent regulations for development on undersized-single family zoned lots, the Council received compelling testimony about the surprise to neighbors occasioned by development on undersized lots; and WHEREAS, it is the Council's intent to consider alternative or additional notice requirements for actions, such as lot boundary adjustment applications, to allow near neighbors to apprise themselves of likely future development; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Subsection A of Section 23.22.062 of the Seattle Municipal Code, which Section was last amended by Council Bill 117952, is amended as follows: 23.22.062 Unit lot subdivisions
A. The provisions of this Section 23.22.062 apply exclusively to the unit subdivision of land for singlefamily dwelling units, townhouse, rowhouse, and cottage housing developments (( * * * Section 2. Subsection A of Section 23.24.045 of the Seattle Municipal Code, which Section was last amended by Council Bill 117952, is amended as follows: 23.24.045 Unit lot subdivisions
A. The provisions of this Section 23.24.045 apply exclusively to the unit subdivision of land for singlefamily dwelling units, townhouse, rowhouse, and cottage housing developments (( * * * Section 3. Section 23.24.046 of the Seattle Municipal Code, which Section was last amended by Ordinance 123809, is repealed:
((
Section 4. Subsection B of Section 23.34.086 of the Seattle Municipal code, which Section was last amended by Ordinance 122311, is amended as follows:
23.34.086 Pedestrian designation (suffix P), function and locational criteria(( * * *
B. Locational ((
1. Pedestrian district surrounded by residential areas ((
2. NC zoned areas on both sides of an arterial, or NC zoned block (( 3. Excellent access for pedestrians, transit, and bicyclists. Section 5. Subsections A, B, C, D and E of Section 23.44.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 123978, are amended as follows: 23.44.010 Lot requirements
A. Minimum ((
Submerged lands shall not be counted in calculating the area of lots for the purpose of these minimum lot area requirements, or the exceptions to minimum lot area requirements provided in this ((
B. Exceptions to ((
1. A lot that does not satisfy the minimum lot area requirements of its zone may be developed or redeveloped (( a. "The Seventy-Five/Eighty Rule." The Seventy-Five Eighty Rule exception may be applied to allow separate development of lots already in existence in their current configuration, or new lots resulting from a full subdivision, short subdivision or lot boundary adjustment. In order to qualify for this exception, the lot must have an area at least 75 percent of the minimum required for the zone and also at least 80 percent of the mean area of the lots within the same block front, subject to the following provisions:
1) ((
2) (( 3) Lots developed with institutional uses, parks, or nonconforming nonresidential uses may be excluded from the calculation. There must, however, be at least one lot on the block front used for the calculation other than the property that is the subject of the platting, lot boundary adjustment, or building permit application that this exception is being applied to. 4) If property is to be subdivided or its lot lines are modified by a lot boundary adjustment that increases the number of lots that qualify for separate development, the property subject to the subdivision, or the lots modified by the lot boundary adjustment, shall be excluded from the block front mean area calculation.
((
(( 6) If an existing or proposed lot has frontage on more than one street, the lot may qualify for this exception based on the calculation being applied to any street on which the lot has at least 30 feet of frontage. If a proposed lot has frontage on multiple streets but does not have 30 feet of frontage on any street, the exception may be applied based on the calculation along the street on which the lot has the most frontage, provided the lot has at least 10 feet of frontage on that street. If the lot has less than 30 feet of frontage on any one street but equal frontage on multiple streets, the rule may be applied based on the calculation along any one of the streets, provided the lot has at least 10 feet of frontage on that street.
((
a) ((
b) ((
b. The lot area deficit is the result of a dedication or sale of a portion of the lot to the City or state for street or highway purposes, payment was received for only that portion of the lot, and the lot area remaining is at
least((
c. The lot would qualify as a legal building site under subsection 23.44.010.B but for a reduction in the lot area due to court-ordered adverse possession, and the amount by which the lot was so reduced was less than 10 percent of the former area of
the lot. This exception does not apply to lots reduced to less than ((
d. "The Historic Lot Exception." The historic lot exception may be applied to allow separate development of lots already in existence if ((
((
1) A lot is considered to have been established as a separate building site by deed if the lot was held under separate ownership from all abutting lots for at least one year after the date the recorded deed transferred ownership. 2) If two contiguous lots have been held in common ownership at any time after January 18, 1987, and a principal structure extends onto or over both lots, neither lot qualifies for the exception. If the principal structure does not extend onto or over both lots, but both lots were required to meet development standards other than parking requirements in effect at the time the structure was built or expanded, neither lot qualifies for the exception unless the vacant lot is not needed to meet development standards other than parking requirements. If the combined property fronts on multiple streets, the orientation of the principal structure shall not be considered when determining if it could have been built to the same configuration without using the vacant lot or lots as part of the principal structure's building site. 3) Lots that do not otherwise qualify for this exception cannot qualify as a result of all or part of a principal structure being removed or destroyed by fire or act of nature that occurred on or after January 18, 1987. Lots may, however, qualify as a result of removing from the principal structure minor features that do not contain enclosed interior space, including but not limited to eaves and unenclosed decks. 4) If parking for an existing principal structure on one lot has been provided on an abutting lot and parking is required under Chapter 23.54 the required parking for the existing house shall be relocated onto the same lot as the existing principal structure in order for either lot to qualify for the exception.
e. The lot is within a ((
(( f. If a lot qualifies for an exception to the lot area requirement under subsection 23.44.010.B.1.a, 23.44.010.B.1.b, 23.44.010.B.1.c, 23.44.010.B.1.d, or 23.44.010.B.1.e, the boundaries between that lot and contiguous lots on the same block face that also qualify for separate development may be adjusted through the lot boundary adjustment process if the adjustment maintains the existing lot areas, increases the area of a qualifying substandard lot without reducing another lot below the minimum permitted lot area, or causes the areas of the lots to become more equal provided the number of parcels qualifying for separate development is not increased. Lots resulting from a lot boundary adjustment that do not meet the minimum lot area requirement must qualify for an exception to that requirement. g. If a lot qualifies for an exception to the lot area requirement under subsection 23.44.010.B.1.a, 23.44.010.B.1.b, 23.44.010.B.1.c, 23.44.010.B.1.d, or 23.44.010.B.1.e, the boundaries between that lot and contiguous lots on the same block face that also qualify for separate development may be adjusted through the lot boundary adjustment process if the adjustment maintains the existing lot areas, increases the area of a qualifying substandard lot without reducing another lot below the minimum permitted lot area, or causes the areas of the lots to become more equal provided the number of parcels qualifying for separate development is not increased. Lots resulting from a lot boundary adjustment that do not meet the minimum lot area requirement must qualify for an exception to that requirement.
2. Limitations((
a. Development may occur on a substandard lot containing a riparian corridor, a shoreline habitat and shoreline habitat buffer, a wetland and wetland buffer, or a steep slope and steep slope buffer pursuant to the provisions of Chapter 25.09,
Regulations for ((
1) The substandard lot is not held in common ownership with an ((
2) The substandard lot is held in common ownership with an (( b. Lots on totally submerged lands do not qualify for any minimum lot area exceptions. 3. Special exception review for lots less than 3,200 square feet in area. A special exception Type II review as provided for in Section 23.76.004 is required for separate development of any lot with an area less than 3,200 square feet that qualifies for any lot area exception in subsection 23.44.010.B.1. The special exception application shall be subject to the following provisions: a. The depth of any structure on the lot shall not exceed two times the width of the lot. If a side yard easement is provided according to subsection 23.44.014.D.3, the portion of the easement within 5 feet of the structure on the lot qualifying under this provision may be treated as a part of that lot solely for the purpose of determining the lot width for purposes of complying with this subsection 23.44.010.B.2.c. b. Windows in a proposed principal structure facing an existing abutting lot that is developed with a house shall be placed in manner that takes into consideration the interior privacy in abutting houses, provided that this provision shall not prohibit placing a window in any room of the proposed house. c. In approving a special exception review, additional conditions may be imposed that address window placement to address interior privacy of existing abutting houses.
((
For purposes of computing maximum lot coverage, only those portions of a lot that measure at least 10 feet in ((
((
1. Lots ((
a. The area of a lot with an alley or alleys abutting any lot line may be increased by ((
b. The total lot area for any lot may not be increased by the provisions of this ((
2. Special ((
a. Access ((
b. Barrier-free (( c. Decks. Decks or parts of a deck that are 36 inches or less above existing grade;
d. Freestanding ((
e. Underground ((
f. Eaves and (( g. Solar collectors and swimming pools. Solar collectors that comply with Section 23.44.046 and swimming pools that comply with Section 23.44.044.
((
((
(( Section 6. Subsections A and B of Section 23.44.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 123978, are amended as follows:
23.44.012 Height ((
A. Maximum ((
1. Except (( 2. The maximum permitted height for any structure on a lot 30 feet or less in width is 25 feet.
3. For a lot or unit lot of any width, if the area of the largest rectangle or other quadrilateral that can be drawn within the lot lines of the lot or unit lot (( 4. The method of determining structure height and lot width is detailed in Chapter 23.86, Measurements.
B. Pitched (( * * * Section 7. Subsection K of Section 23.44.022 of the Seattle Municipal Code, which Section was last amended by Ordinance 123649, is amended as follows: 23.44.022 Institutions * * *
K. Bulk and ((
1. Lot (( a. For lots with unusual configuration or uneven boundaries, the proposed principal structures be located so that changes in potential and existing development patterns on the block or blocks within which the institution is located are kept to a minimum;
b. For lots with large street frontage in relationship to their size, the proposed institution reflect design and architectural features associated with adjacent residentially zoned block (( * * * Section 8. Section 23.84A.004 of the Seattle Municipal Code, which Section was last amended by Ordinance 122935, is amended as follows: 23.84A.004 "B" * * *
"Block." In areas outside downtown zones, a block consists of two (( Exhibit A1 for 23.84A.004 Block
In downtown zones, a block consists of the area bounded by street lot lines, Exhibit (( Exhibit A2 for 23.84A.004 Downtown block
"Block front" means the land area along one (( Exhibit B for 23.84A.004 Block front * * * Section 9. Section 23.84A.024 of the Seattle Municipal Code, which Section was last amended by Ordinance 123913, is amended as follows: 23.84A.024 "L" * * *
"Lot" means, except for the purposes of a TDR sending lot for Landmark TDR or housing TDR, a sending lot for South Downtown Historic TDR or South Downtown Historic TDP, and a sending lot for open space TDR, (( 1. For purposes of a TDR sending lot for Landmark TDR, "lot" means the parcel described in the ordinance approving controls for the sending lot. 2. For purposes of a sending lot for housing TDR, "lot" means the smallest parcel or combination of contiguous parcels, as described in the County real property records at any time after January 4, 1993, that contain the structure or structures that make the TDR eligible for transfer. 3. For purposes of a sending lot for South Downtown Historic TDR or South Downtown Historic TDP, "lot" means the smallest parcel or combination of contiguous parcels, as described in the County real property records at any time after March 31, 2011, that contain the contributing structure or structures that make the TDR or TDP eligible for transfer. 4. For purposes of a sending lot for open space TDR, the definition of lot in Section 23.49.017 applies. * * *
"Lot line, front" means, in the case of (( * * * Section 10. Section 23.84A.046 of the Seattle Municipal Code, which Section was last amended by Ordinance 122311, is amended as follows: 23.84A.046 "Y" * * * "Yard, front" means an area from the ground upward between the side lot lines of a lot, extending from the front lot line to a line on the lot parallel to the front lot line, the horizontal depth of which is specified for each zone. The front yard includes all portions of the lot that are within the specified distance from the street along which the front lot line extends, even if separated from the street by an intervening lot. In the case of an irregularly-shaped lot, the front yard shall be a portion of the property as determined according to subsection 23.86.010.B. "Yard, rear" means an area from the ground upward between the side lot lines of a lot, extending from the rear lot line to a line on the lot parallel to the rear lot line, the horizontal depth of which is specified for each zone. In the case of an irregularly-shaped lot, the rear yard shall be a portion of the property adjacent to the rear lot line as determined according to subsection 23.86.010.C. * * * Section 11. Section 23.86.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 123046, is amended as follows: 23.86.010 Yards
A. Measuring (( * * * Section 12. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2014. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2014. _________________________________ Edward B. Murray, Mayor Filed by me this ____ day of __________________________, 2014. ____________________________________ Monica Martinez Simmons, City Clerk (Seal) Andy McKim / Ketil Freeman DPD SF Small Lot Amendment ORD May 19, 2014 Version #14 |
Attachments |
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