ORDINANCE ________________

AN ORDINANCE relating to land use and zoning to implement the Seattle Cascade Mixed zone, amending Sections: 23.30.010; 23.41.004; 23.41.012; 23.47.036; 23.47.038; 23.53.010; 23.53.015; 23.53.030; 23.54.015; 23.54.020; 23.54.030; 23.55.030; and 23.84.009 of Title 23 of the Seattle Municipal Code; adding Sections: 23.34.126; and 23.34.128; and a new Chapter 23.48 to Title 23 of the Seattle Municipal Code; and amending the Official Land Use Map, Section 23.32.016.

Whereas, in 1993 the Cascade Neighborhood Council initiated a process for community planning in the Cascade neighborhood, and

Whereas, the City supported the Cascade planning effort, concurrent with development of a proposed South Lake Union Plan, and

Whereas, the planning accomplished for the Cascade neighborhood warrants adoption of this ordinance notwithstanding the defeat of the Seattle Commons park levy, and

Whereas, the City Council finds that adoption of this ordinance will protect and promote the health, safety and welfare of the public at large, and is not intended to benefit any particular individual or class of persons, NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Attached to this ordinance is a one page zoning map, which is identified as Attachment 1 and is incorporated herein by reference. The areas on this map which show a change in zoning designation are hereby rezoned to the zoning classification shown for such areas on the maps, and constitute amendments to the Official Land Use Map, SMC 23.32.016.

Section 2. Section 23.30.010 of the Seattle Municipal Code, as last amended by Ordinance 117430, is further amended as follows:

23.30.010 Classifications for the purpose of this subtitle.

All land within the City shall be classified as being within one (1) of the following land use zones and regulated accordingly:

Zones Abbreviated

Residential, Single Family 9,600 SF 9600

Residential, Single Family 7,200 SF 7200

Residential, Single Family 5,000 SF 5000

Residential Small Lot RSL

Residential, Multifamily, Lowrise Duplex/Triplex LDT

Residential, Multifamily, Lowrise 1 L1

Residential, Multifamily, Lowrise 2 L2

Residential, Multifamily, Lowrise 3 L3

Residential, Multifamily, Lowrise 4 L4

Residential, Multifamily, Midrise MR

Residential, Multifamily, Highrise HR

Residential-Commercial RC

Neighborhood Commercial 1 NC1

Neighborhood Commercial 2 NC2

Neighborhood Commercial 3 NC3

Seattle Cascade Mixed SCM

Commercial 1 C1

Commercial 2 C2

Downtown Office Core 1 DOC1

Downtown Office Core 2 DOC2

Downtown Retail Core DRC

Downtown Mixed Commercial DMC

Downtown Mixed Residential DMR

Pioneer Square Mixed PSM

International District Mixed IDM

International District Residential IDR

Downtown Harborfront 1 DH1

Downtown Harborfront 2 DH2

Pike Market Mixed PMM

General Industrial 1 IG1

General Industrial 2 IG2

Industrial Buffer IB

Industrial Commercial IC

Section 3. A new Section 23.34.126 is hereby added to Chapter 23.34 of the Seattle Municipal Code as follows:

23.34.126 Designation of the Seattle Cascade Mixed (SCM) zone.

The Seattle Cascade Mixed (SCM) zone is applied to the Cascade Neighborhood to achieve the goal of a diverse, mixed-use community with a strong pedestrian orientation. The SCM zone permits a wide range of uses and promotes density to encourage redevelopment of the planning area into a mixed-use neighborhood. This new zoning designation balances the need for flexibility and a variety of activities with the need to provide adequate direction to ensure the presence of housing and commercial activities critical to the success of an urban neighborhood.

Section 4. A new Section 23.34.128 is hereby added to Chapter 23.34 of the Seattle Municipal Code as follows:

23.34.128 Seattle Cascade Mixed (SCM) zone, function and locational criteria.

Rezones to the Seattle Cascade Mixed (SCM) zone designation shall be considered only for areas within the boundaries of the Cascade Neighborhood, as depicted on Map A of Chapter 23.48. Decisions whether to rezone to the Seattle Cascade Mixed (SCM) zone designation shall take the following function and locational criteria into consideration:

A. Function. An area that provides for a wide range of uses to encourage redevelopment of the area into a mixed-use neighborhood with a pedestrian orientation.

B. Transportation and Infrastructure Capacity. An area that is well-served by transit and vehicular systems and where utility infrastructure is adequate or is readily expandible to accommodate growth.

C. Relationship to Surrounding Activity. An area, adjacent to downtown, which provides a transition from the dense city core and which is intended by the city to become an area which is selfcontained where residents may live, work and play.

D. Mix of Use. An area within the SCM zone may be identified for the purposes of encouraging a primarily residential character. Such an area shall be designated as SCM/R. Within the SCM/R area nonresidential uses shall generally be of modest scale or neighborhoodserving in character.

E. Height. One (1) of three (3) height limits fifty five feet, seventy five feet, and one hundred twenty five feet (55', 75', 125') may be applied to land zoned SCM. A fifty-five foot (55') height shall generally be centered around Cascade Playground and elsewhere in the area designated SCM/R where it is appropriate to limit the intensity and scale of non-residential use. A seventy-five foot (75') height shall apply throughout the remainder of the SCM zone consistent with ensuring a uniform and pedestrian scale, and a one hundred and twenty-five foot (125') height may be designated to serve as transition from the higher height permitted for developement pursuant to downtown zoning in effect south of Denny Way. Height limits may be applied to different uses to achieve area objectives.

Section 5. Subsection A of Section 23.41.004 of the Seattle Municipal Code, as last amended by Ordinance 118012, is further amended as follows:

23.41.004 Applicability and phasing.

A. Design Review Required.

1. Design review shall be required for all new multifamily and commercial structures which exceed the thresholds for environmental review established in the State Environmental Policy Act (SEPA) as adopted by the City of Seattle and codified in Chapter 25.05, SMC, in all Neighborhood Commercial 1, 2, 3 (NC1, 2, 3) zones and in the Seattle Cascade Mixed (SCM) zone.

2. Design review shall also be required for all new multifamily and commercial structures which exceed the SEPA thresholds in Lowrise 3 (L3), Lowrise 4 (L4), Midrise (MR) and Highrise (HR) zones.

3. Design review shall also be required for all new multifamily and commercial structures which exceed SEPA thresholds in Commercial 1 and 2 (C1, C2) zones, when that development abuts or is directly across a street or alley from any lot zoned single family.

4. Design Review shall also be required for all new structures containing more than 50,000 (fifty thousand) square feet of usable new office space in all Downtown zones.

5. Design review is optional for all new multifamily and commercial structures not otherwise subject to this Chapter, in all multifamily, commercial, and downtown zones.

Section 6. Subsection B of Section 23.41.012 of the Seattle Municipal Code, as last amended by Ordinance 118012, is further amended as follows:

23.41.012 Development standard departures.

B. The following development standard departures may be permitted through design review:

1. Structure width and depth limits;

2. Setback requirements;

3. Modulation requirements

4. SCM zone facade requirements, including transparency and blank facade provisions;

4.5. Design, location and access to parking requirements;

5.6. Open space or common recreation area requirements;

6.7. Lot coverage limits;

7.8. Screening and landscaping requirements;

8.9. Standards for the location and design of nonresidential uses in mixed use buildings;

9.10. Within Urban Centers, in L-3 zones only, the pitched roof of a structure, as provided in Section 23.45.009C, may incorporate additional height of up to twenty percent (20%) of the maximum height permitted, as provided in Section 23.45.009A, subject to the following limitations:

a. A pitched roof may not incorporate the additional height if the structure is on a site abutting or across a street or alley from a single- family residential zone;

b. The proposed structure must be compatible with the general development potential anticipated within the zone;

c. The additional height must not substantially interfere with views from up-slope properties; and

d. No more than one project on one site within each Urban Center may incorporate additional height in the pitched roofs of its structures pursuant to this subsection unless development regulations enacted pursuant to a neighborhood planning process allow other properties to incorporate such additional height.

10.11. Downtown street facade requirements;

11.12. Downtown upper-level development standards; and

12.13. Downtown maximum wall dimensions.

Section 7. Subsections B and D of Section 23.47.036 of the Seattle Municipal Code, as last amended by Ordinance 117263, are amended as follows:

23.47.036 Standards for nonconforming uses.

B. Extensions, Expansions, and Structural Alterations of Nonconforming Uses.

1. A nonconforming use shall not be expanded or extended, nor shall a structure or portion of a structure containing a nonconforming use be expanded or extended except as otherwise required by law or as necessary to improve access for the elderly and disabled, or as provided in subsection B4 ., or as otherwise permitted in the Seattle Cascade Mixed (SCM) zone.

2. A nonconforming use which is destroyed by fire, act of nature, or other causes beyond the control of the owners may be resumed. The structure containing the nonconforming uses may be rebuilt to the same or smaller configuration existing immediately prior to the time the structure was destroyed.

3. A structure containing a nonconforming use may be structurally altered.

4. A business establishment with a nonconforming outdoor storage area may be extended, structurally altered or expanded if the outdoor storage area is not expanded and if the outdoor storage area is screened and landscaped according to the standards of subsection D5a of Section 23.47.016. or of Section 23.48.024 if the business is within the SCM zone.

5. A nonconforming use with a nonconforming outdoor storage area may be structurally altered if the outdoor storage area is not expanded and is screened and landscaped according to the standards of subsection C5a of Section 23.47.016. or of Section 23.48.024 if the nonconforming use with a nonconforming outdoor storage area is within the SCM zone.

6. Nonconforming surface parking areas may be restriped according to the standards of Section 23.54.030, Parking space standards. Nonconforming parking areas in which restriping results in an increase in the number of parking spaces of ten percent (10%) or more shall be screened and landscaped according to the standards of Section 23.47.016, or Section 23.48.024 if within the SCM zone, to the extent feasible as determined by the Director.

D. A nonconforming use which was permitted outright under prior regulations but which is permitted under this Chapter only as a conditional use shall be governed by the provisions of Section 23.47.006, unless the nonconforming use is located in the Seattle Cascade Mixed (SCM) zone, in which case Section 23.48.008 shall apply .

Section 8. Subsection E of Section 23.47.038 of the Seattle Municipal Code, as last amended by Ordinance 115687, is amended as follows:

23.47.038 Nonconforming structures.

E. Outdoor storage areas which do not conform to the development standards shall be required to be screened and landscaped according to the provisions of Section of 23.47.016, unless the storage area is located in the Seattle Cascade Mixed (SCM) zone, in which case the landscaping and screening standards of Section 23.48.024 shall apply, at the time of any structural alteration or expansion of the outdoor storage and/or the structure with which it is associated.

Section 9. A new Chapter 23.48 is hereby added to Title 23 of the Seattle Municipal Code to read as follows:

Chapter 23.48

SEATTLE CASCADE MIXED

23.48.002 Scope of provisions.

A. This Chapter identifies uses that are or may be permitted in the Seattle Cascade Mixed (SCM) zone. The SCM zone boundaries are shown on the Official Land Use Map. The SCM zone is divided into the following subareas: Seattle Cascade Mixed/Residential (SCM/R), and Seattle Cascade Mixed/125 foot height limit (SCM/125').

B. Other regulations, such as Requirements for streets, alleys and easements (Chapter 23.53); Standards for parking quantity, access and design (Chapter 23.54); Signs (Chapter 23.55); and Methods for measurements (Chapter 23.86) may pertain to development proposals.

Subchapter I Use Provisions

23.48.004 Permitted uses.

All uses are permitted outright, either as principal or accessory uses, except those specifically prohibited by Section 23.48.006 and those permitted only as conditional uses by Section 23.48.008.

23.48.006 Prohibited uses.

The following uses shall be prohibited as both principal and accessory uses, except as otherwise noted:

A. All high-impact uses;

B. All heavy manufacturing uses;

C. General manufacturing uses greater than 25,000 square feet of gross floor area for an individual business establishment;

D. Drive-in businesses, except gas stations;

E. Jails;

F. Adult motion picture theaters and adult panorams;

G. Outdoor storage, except for outdoor storage associated with florists and horticultural uses.

H. Principal use surface parking;

I. Kennels;

J. Animal shelters;

K. Animal husbandry;

L. Park and pool lots;

M. Park and ride lots;

N. Work release centers;

O. All salvage and recycling uses, except recycling collection stations; and

P. Mobile home parks.

23.48.008 Conditional uses.

A. All conditional uses shall be subject to the procedures described in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, and shall meet the following criteria:

1. The use shall not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse impacts may be avoided or mitigated by imposing requirements or conditions. The Director shall deny or recommend denial of a conditional use if it is determined that the negative impacts cannot be mitigated satisfactorily.

B. The following uses may be permitted by the Director as administrative conditional uses when the provisions of this subsection and subsection A are met:

1. Mini-warehouses and warehouses. The Director may authorize mini-warehouses or warehouses if:

a. The mini-warehouse or warehouse, at the street level, fronts only on an east/west oriented Class II Pedestrian Street, as depicted on Map B, or an alley; and

b. Vehicular entrances, including those for loading operations, will not disrupt traffic or transit routes; and

c. The traffic generated will not disrupt the pedestrian character of an area by significantly increasing the potential for pedestrian-vehicle conflicts on Class I Pedestrian Streets or north/south oriented Class II Pedestrian Streets.

2. Fast-food restaurants which have a gross floor area greater than seven hundred fifty (750) square feet. The Director may authorize such fast-food restaurants if:

a. The use does not include a drive-in facility; and

b. Appropriate litter-control measures are provided; and

c. The applicant, if required by the Director, prepares an analysis of traffic, circulation and parking impacts, and demonstrates that the use does not:

(1) Create pedestrian-vehicle conflicts on Class I Pedestrian Streets or north/south oriented Class II Pedestrian Streets; or

(2) Create traffic or parking impacts, particularly impacts which will require the expenditure of City funds to mitigate; or

(3) Vehicular entrances, including those for loading operations, will not disrupt traffic or transit routes.

C. Any authorized conditional use which has been discontinued shall not be re-established or recommenced except pursuant to a new conditional use permit. The following shall constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the property has been issued and the new use has been established; or,

2. The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months.

Subchapter II Development Standards

23.48.010 General structure height.

A. Maximum Height. Maximum structure height shall be fifty-five feet (55'), seventy-five feet (75') or one hundred twenty-five feet (125') as designated on the Official Land Use Map, Chapter 23.32.

B. Pitched roofs. The ridge of pitched roofs with a minimum slope of six to twelve (6:12) may extend ten feet (10') above the height limit. The ridge of pitched roofs with a minimum slope of four to twelve (4:12) may extend five feet (5') above the height limit (Exhibit 23.48.010 A). No portion of a shed roof shall be permitted to extend beyond the height limit under this provision.

Exhibit 23.48.010 A

Pitched roofs.

D. Rooftop features.

1. Radio and television receiving antennas excluding dish antennas; ham radio towers; smokestacks, chimneys; flagpoles; and spires for religious institutions are exempt from height controls, except as regulated in Chapter 23.64. Airport Height District, provided they are a minimum of ten feet (10') from any side or rear lot line.

2. Open railings, planters, skylights, clerestories, greenhouses, parapets and firewalls may extend up to four feet (4') above the maximum height limit with unlimited rooftop coverage.

3. Solar collectors may extend up to seven feet (7') above the maximum height limit, with unlimited rooftop coverage.

4. The following rooftop features may extend up to fifteen feet (15') above the maximum height limit, so long as the combined total coverage of all features listed in this subsection (4) does not exceed twenty percent (20%) of the roof area, or twenty-five percent (25%) of the roof area if the total includes stair or elevator penthouses or screened mechanical equipment:

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment;

d. Atriums, greenhouses, and solariums;

e. Play equipment and open mesh fencing which encloses it; as long as the fencing is at least fifteen feet (15') from the

roof edge; and

f. Dish antennas, according to the provisions of

Chapter 23.57.

5. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection (5) at least ten feet (10') from the north edge of the roof, or provide shadow diagrams to demonstrate that the proposed location of such rooftop features would shade property to the north on January 21st at noon no more than would a structure built to maximum permitted bulk:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Atriums, greenhouses and solariums;

e. Dish antennas, according to the provisions of

Chapter 23.57;

f. Non-firewall parapets;

g. Play equipment.

6. Screening. Rooftop mechanical equipment and elevator penthouses shall be screened with fencing, wall enclosures, or other structures.

23.48.012 Upper-level setback requirements.

A. Upper-level setbacks.

1. Structures on lots abutting designated Green Streets and neighborhood parks (for the purposes of this Section, a "neighborhood park" is a publicly accessible park within the SCM zone which is more than one quarter (1/4) of an acre in area), as depicted on Map C, shall provide an upper-level setback for the facade facing these streets or the neighborhood park, for any portion of the structure greater than forty-five feet (45') in height.

2. Structures on lots abutting an alley in the SCM/R designated area shall provide an upper-level setback for the facade facing the alley, for any portion of the structure greater than twenty-five feet (25') in height.

3. Structures on lots abutting east/west oriented Class I Pedestrian Streets, that are not designated Green Streets, as depicted on Map C, within the SCM/125' area, as depicted on the Official Land Use Map, shall provide an upper level setback, for the facade facing the east/west oriented Class I Pedestrian Street, for any portion of the structure greater than seventy-five (75') in height.

B. Upper-level setbacks shall be provided as follows: any portion of the structure shall be set back at least one foot (1') for every two feet (2') of height above twenty-five feet (25'), forty-five feet (45'), or seventy-five feet (75') whichever is applicable pursuant to subsection A, up to a maximum required setback of fifteen feet (15') (Exhibit 23.48.012 A).

Exhibit 23.48.012 A

Upper-level setback at either 25' or 45' in height

(note: Exhibit 23.48.012 A portrays the upper-level setback required at 45' in height; where applicable, the setback required at 25' in height would be configured in the same way.)

Upper-level setback at 75' in height

Exhibit 23.48.012 A

C. Structures in required upper-level setbacks. The first four feet (4') of horizontal projection of decks, balconies with open railings, eaves, cornices, and gutters shall be permitted in required setbacks (Exhibit 23.48.012 B).

Exhibit 23.48.012 B

Horizontal projection into upper-level setbacks.

Projecting deck or balcony.

23.48.014 General facade requirements.

A. A primary building entrance shall be required from the street or street-oriented courtyards and shall be no more than three feet (3') above or below the sidewalk grade.

B. Minimum facade height. Minimum facade heights shall not apply when all portions of the structure are lower than the elevation of the required minimum facade height listed below.

1. On Class I Pedestrian Streets, as depicted on Map B, all facades shall have a minimum height of forty-five feet (45').

2. On north/south oriented Class II Pedestrian Streets all facades shall have a minimum height of twenty-five feet (25').

3. On east/west oriented Class II Pedestrian Streets all facades shall have a minimum height of fifteen feet (15').

C. All facades on Class I Pedestrian Streets shall be built to the street property line along a minimum of seventy percent (70%) of the facade length (Exhibit 23.48.014 A).

Exhibit 23.48.014 A

Percentage of Facade at Property Line

D. Street level setback. On Class II Pedestrian Streets, designated Green Streets and alleys, structures may be set back up to twelve feet (12') from the property line subject to the following (Exhibit 23.48.014 B):

1. The setback area shall be landscaped according to the provisions of Section 23.48.026.

2. Additional setbacks shall be permitted for up to 30% of the set-back street wall, provided that the additional setback is located a distance of twenty feet (20') or greater from any street corner.

Exhibit 23.48.014 B

Street-level setback

23.48.016 Standards applicable to specific areas.

A. Seattle Cascade Mixed/Residential (SCM/R).

1. Height limit.

a. New single purpose non-residential structures shall have a height limit of fifty-five feet (55').

b. Single purpose residential structures and mixed-use structures with sixty percent (60%) or more of the structure's gross floor area in residential use are permitted to a height of seventyfive feet (75').

2. Scale of development.

a. Single purpose, non-residential development, except hotels with one hundred (100) rooms/suites or fewer, is limited to a lot area of twenty-one thousand six hundred (21,600) square feet or less.

b. Development on lots with areas greater than twenty-one thousand six hundred (21,600) square feet must include residential use in an amount of gross floor area equal to sixty percent (60%) or more of the gross floor area in non-residential use, except schools, elementary and secondary, and hotels with one hundred (100) rooms/suites or fewer.

c. Two (2) lots of up to twenty-one thousand six hundred (21,600) square feet each, separated by an alley and connected above grade by a skybridge or other similar means shall be considered two (2) separate lots for the purposes of this subsection (2). Such a connection above grade, across the alley may be allowed pursuant to the Council's approval of an aerial alley vacation or temporary use permit process.

d. Single purpose non-residential structures on adjacent lots not separated by an alley, subject to this subsection, may not be internally connected.

3. Non-residential uses existing prior to the effective date of this ordinance and which do not meet the requirements of this Section shall be allowed to expand by an amount of gross floor area not to exceed twenty percent (20%) of the existing gross floor area without meeting the requirements of this Section. This provision may only be used once for an individual use.

4. Single purpose nonresidential exception.

A single-purpose, nonresidential structure may be permitted where a single-purpose residential or mixed use structure would otherwise be required subject to the following:

a. The proposal is comprised of two (2) or more lots within the same SCM/R designated area; and

b. The amount of gross floor area in residential use in the structures on both lots is equal to at least sixty percent (60%) of the total gross floor area of the total combined development on the lots included in the proposal; and

c. The nonresidential structure shall be subject to design review to ensure compatibility with the residential character of the surrounding area; and

d. The proposal meets one or more of the following:

(1) The project includes the rehabilitation of a landmark structure or incorporates structures or elements of structures of architectural or historical significance as identified in an adopted neighborhood plan or design guidelines; or

(2) The project includes personal household retail sales and service uses, eating and drinking establishments, customer service offices, entertainment uses, or human service uses or child care centers at the street level in an amount equal to fifty percent (50%) of the structure's footprint; or

(3) The lot accommodating the required residential use will contribute: a minimum of ten percent (10%) of all new housing units in the proposal to the supply of low and low-moderate income housing for a period of at least twenty (20) years, or a minimum of ten percent (10%) of all new housing units in the proposal to be provided as townhouses.

B. Seattle Cascade Mixed/125 foot height limit (SCM/125').

In areas zoned SCM/125' on the Official Land Use Map a floor area ratio (FAR) shall apply as follows:

1. An FAR of five (5.0) shall determine the maximum gross floor area permitted for all nonresidential uses in any structure over seventy-five feet (75') in height.

2. Exemptions from FAR calculations. The following areas shall be exempt from FAR calculations:

a. All gross floor area below grade;

b. All gross floor area used for accessory parking located above grade.

3. Up to three and one-half percent (3 1/2%) of the gross floor area of a structure shall not be counted in gross floor area calculations as an allowance for mechanical equipment. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection B1 and B2 has been deducted.

23.48.018 Transparency and blank facade requirements

Facade transparency and blank facade requirements shall apply to the area of the facade between two feet (2') and eight feet (8') above the sidewalk (Exhibit 23.48.018 A).

Exhibit 23.48.018 A

Area where transparency and blank facade requirements apply to a structure

A. Facade Transparency Requirements. Transparency requirements apply to all required street level uses and to all street level facades fronting on designated Green Streets, Class I Pedestrian Streets and Class II Pedestrian Streets, depicted on Map B, except that transparency requirements shall not apply to portions of structures in residential use.

1. Transparency shall be required as follows:

a. Designated Green Streets, Class I Pedestrian Streets, and north/south oriented Class II Pedestrian Streets: a minimum of sixty percent (60%) of the width of the street level facade shall be transparent.

b. East/west oriented Class II Pedestrian Streets: a minimum of thirty percent (30%) of the width of the street-level facade shall be transparent.

c. When the slope of the street frontage of the facade exceeds seven and one-half percent (7 1/2%), the required amount of transparency shall be reduced to forty-five percent (45%) of the width of the street-level facade on designated Green Streets, Class I Pedestrian Streets, and north/south oriented Class II Pedestrian Streets and twenty-two percent (22%) of the width of the street-level facade on east/west oriented Class II Pedestrian Streets.

2. Only clear or lightly tinted glass in windows, doors, and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

B. Blank Facade Limits.

1. Any portion of the facade which is not transparent shall be considered to be a blank facade.

2. Blank facade limits for designated Green Streets, Class I Pedestrian Streets and north/south oriented Class II Pedestrian Streets.

a. Blank facades shall be limited to segments fifteen feet (15') wide, except for garage doors which may be wider than fifteen feet (15'). Blank facade width may be increased to thirty feet (30') if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or other similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five feet (5').

b. Any blank segments of the facade shall be separated by transparent areas at least two feet (2') wide.

c. The total of all blank facade segments, including garage doors, shall not exceed forty percent (40%) of the street facade of the structure on each street frontage; or fifty-five percent (55%) if the slope of the street frontage of the facade exceeds seven and onehalf percent (7 1/2%).

3. Blank facade limits for east/west oriented Class II Pedestrian Streets.

a. Blank facades shall be limited to segments thirty feet (30') wide, except for garage doors which may be wider than thirty feet (30'). Blank facade width may be increased to sixty feet (60') if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or other similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five feet (5').

b. Any blank segments of the facade shall be separated by transparent areas at least two feet (2') wide.

c. The total of all blank facade segments, including garage doors, shall not exceed seventy percent (70%) of the street facade of the structure on each street frontage; or seventy-eight percent (78%) if the slope of the street frontage of the facade exceeds seven and one-half percent (7 1/2%).

4. Blank facade limits shall not apply to portions of structures in residential use.

23.48.020 Common open space or recreation area.

A. Quantity of common open space or recreation area. All new structures containing more than twenty (20) dwelling units shall provide common open space or recreation area in an amount equivalent to five percent (5%) of the total gross floor area in residential use, or two hundred twenty-five (225) square feet, whichever is greater.

B. Standards for common open space or recreation area.

1. Residential common open space or recreation area shall be provided on-site.

2. The common open space or recreation area shall be available to all residents and may be provided at or above ground level.

3. A maximum of fifty percent (50%) of the common open space or recreation area may be enclosed. Examples of enclosed common open space or recreation area include atriums, greenhouses and solariums.

4. The minimum horizontal dimension for required common open space or recreation area shall be fifteen feet (15'), and no required common open space or recreation area shall be less than two hundred twenty-five (225) square feet.

5. The exterior portion of required common open space or recreation area shall be landscaped and shall provide solar access and seating according to standards promulgated by the Director.

6. Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Rules and Regulations for Barrier Free Design, shall not be counted as common open space or recreation area.

23.48.022 Sidewalk requirements.

When any new development is proposed, the Director shall require that sidewalks be provided if no sidewalks exist. The sidewalk shall be developed in accordance with Chapter 23.53, Requirements for Streets, Alleys and Easements, and rules promulgated by the Director.

23.48.024 Screening and landscaping standards.

A. The following types of screening and landscaping apply where screening or landscaping is required.

1. Three-foot (3') High Screening on Street Property Lines. Three foot (3') high screening may be either:

a. A fence or wall at least three feet (3') in height; or

b. A hedge or landscaped berm at least three feet (3') in height.

2. Landscaping for setback areas and berms. Each setback area or berm required shall be planted with trees, shrubs, and grass or evergreen groundcover. Features such as pedestrian access meeting the Washington State Rules and Regulations for Barrier-Free Design, decorative pavers, sculptures or fountains may cover a maximum of thirty percent (30%) of each required landscaped area or berm. Landscaping shall be provided according to standards promulgated by the Director.

B. Screening for specific uses.

1. Gas stations shall provide three-foot (3') high screening along lot lines abutting all streets, except within required sight triangles.

2. Surface parking areas.

a. Surface parking areas abutting streets. Surface parking areas shall provide three-foot (3') high screening along the lot lines abutting all streets, except within required sight triangles.

b. Surface parking areas abutting alleys. Surface parking areas shall provide three-foot (3') high screening along the lot lines abutting an alley. The Director may reduce or waive the screening requirement for part or all of the lot line abutting the alley when required parking is provided at the rear lot line and the alley is necessary to provide aisle space.

3. Parking in structures. Parking located at or above streetlevel in a garage shall be screened according to the following requirements.

a. On designated Green Streets, Class I Pedestrian Streets and north/south oriented Class II Pedestrian Streets, parking shall not be permitted at street level unless separated from the street by other uses, provided that garage doors need not be separated. The facade of the separating uses shall be subject to the transparency and blank facade standards in Section 23.48.018.

b. On east/west oriented Class II Pedestrian Streets parking shall be permitted at street level when at least thirty percent (30%) of the street frontage of the parking area, excluding that portion of the frontage occupied by garage doors, is separated from the street by other uses. The facade of the separating uses shall be subject to the transparency and blank wall standards in Section 23.48.018. The remaining parking shall be screened from view at street level and the street facade shall be enhanced by architectural detailing, artwork, landscaping, or similar visual interest features (Exhibit 23.48.024 A).

Exhibit 23.48.024 A

Screening for parking at street level

(on Class II Pedestrian Streets)

c. The perimeter of each floor of parking garages above street level shall have an opaque screen at least three and one-half feet (3 1/2') high.

C. Street trees.

1. Street trees shall be provided in all planting strips. Existing street trees may count toward meeting the street tree requirement.

2. Exceptions to street tree requirements.

a. Street trees shall not be required when a change of use is the only permit requested.

b. Street trees shall not be required for temporary use permits.

c. Street trees shall not be required when expanding an existing structure by less than one thousand (1,000) square feet. Generally, two (2) street trees shall be required for each additional one thousand (1,000) square feet of expansion. Rounding of fractions, per Section 23.86.002 B, shall not be permitted. The number of street trees shall be controlled by the Department of Engineering standard.

3. If it is not feasible to plant street trees according to City standards, either a five-foot (5') deep landscaped setback shall be required along the street property line or landscaping other than trees may be located in the planting strip according Department of Engineering standards. The street trees shall be planted in the landscaped area at least two feet (2') from the street lot line if they cannot be placed in the planting strip.

23.48.026 Noise standards.

All permitted uses shall be subject to the noise standards of Section 23.47.018.

23.48.028 Odor standards.

All permitted uses shall be subject to the odor standards of Section 23.47.020.

23.48.030 Light and glare.

All permitted uses shall be subject to the light and glare standards of Section 23.47.022.

23.48.032 Required parking and loading.

A. Each use shall provide a minimum number of off-street parking spaces according to the requirements of Section 23.54.015, Required parking, except as modified by this Section.

B. No parking shall be required for residential uses.

C. Loading berth requirements shall be provided pursuant to Section 23.54.035, Loading berth requirements and space standards.

D. Where access to a loading berth is from the alley, and truck loading is parallel to the alley, a setback of twelve feet (12') shall be required for the loading berth, measured from the centerline of the alley (Exhibit 23.47.014 E -in Chapter 23.47). This setback shall be maintained up to a height of sixteen feet (16').

E. Reduction in the amount of parking required. Reductions to required parking shall be permitted according to the provisions of Section 23.54.020, Parking quantity exceptions. Further reductions or exceptions are permitted for street-level uses in structures on Class I Pedestrian Streets as follows:

1. In a new structure where a minimum of seven thousand five hundred (7,500) square feet of customer service office use, personal and household retail sales and service use or entertainment use, except motion picture theaters, is provided, parking may be waived for the first seven thousand five hundred (7,500) square feet of the structure in such use.

2. No parking shall be required for the first one hundred fifty (150) seats in a motion picture theater.

3. No parking shall be required for any gross floor area in human service or child care use.

4. No additional parking shall be required when an existing structure is expanded by up to two thousand five hundred (2,500) square feet, provided that this exemption may be applied only once to any individual structure.

F. Payment in Lieu. In lieu of providing all or a portion of the required parking, a development may make a payment to the Cascade Parking Fund if the Director determines that the payment will contribute to the purchase and/or development of an identified public parking garage that is consistent with City policy and priorities, that the parking will mitigate the impacts of the project; and that construction of the public parking garage (if applicable) is assured. The payment and use thereof shall be consistent with RCW 82.02.020.

1. An in-lieu of payment shall equal the assessed value of the land at the project site which would otherwise have been required to provide parking plus the estimated cost to develop such parking on the project site.

2. Funds received in-lieu-of providing parking shall be applied to acquisition or development of a new public parking garage(s) in the SCM, within eight hundred feet (800') of the contributing site(s), except that when a contributor(s) agrees with the City that a new parking garage, available to the public, within the SCM zone more than eight hundred feet (800') from the project site(s) would be an appropriate mitigation to the project's impacts, the in-lieu-of payment(s) from those projects may be used for that garage.

3. Limitations. Parking stalls within a shared parking garage(s), satisfying the requirements of this Section for any project, shall not be used to satisfy the parking requirement for any other project.

23.48.034 Parking and loading location, access and curbcuts.

A. Parking accessory to nonresidential uses may be provided on-site and/or within eight hundred feet (800') of the lot to which it is accessory, according to the provisions of Section 23.54.025, Parking covenants.

B. Accessory surface parking shall be permitted under the following conditions:

1. All accessory surface parking shall be located at the rear or to the side of the principal structure.

2. The amount of lot area allocated to accessory surface parking shall be limited to thirty percent (30%) of the total lot area.

C. Parking and loading access. When a lot abuts more than one (1) right-of-way, the location of access for parking and loading shall be determined by the Director, depending on the classification of rightsof-way, as depicted on Map B, according to the following:

1. Access to parking and loading shall be from the alley when the lot abuts an alley improved to the standards of Section 23.53.030 C and use of the alley for parking and loading access would not create a significant safety hazard as determined by the Director.

2. If the lot fronts on an alley and an east/west oriented Class II Pedestrian Street, parking and loading access may be from the east/west oriented Class II Pedestrian Street.

3. If the lot does not abut an improved alley, and only abuts a Class I Pedestrian Street or a north/south oriented Class II Pedestrian Street, parking and loading access may be permitted from the Class I Pedestrian or north/south oriented Class II Pedestrian Street, and such access shall be limited to one (1) two (2) way curbcut. In the event the site is too small to permit one (1) two (2) way curbcut, two (2) one (1) way curbcuts shall be permitted.

4. Curbcut controls on designated Green Streets, as depicted on Map B, shall be evaluated on a case-by-case basis, but generally parking and loading access from these streets shall not be allowed by the Director.

5. The Director shall also determine whether the location of the parking and loading access will expedite the movement of vehicles, facilitate a smooth flow of traffic, avoid the on-street queuing of vehicles, enhance vehicular safety and pedestrian comfort, and will not create a hazard.

6. Curbcut width and number of curbcuts shall satisfy the provisions of Section 23.54.030, Parking space standards, except as modified in this Section.

Subchapter III Nonconforming Uses and Structures

23.48.036 Nonconforming Uses.

The standards for nonconforming uses in 23.47.036 shall apply, except as follows:

General manufacturing uses exceeding twenty-five thousand (25,000) square feet of gross floor area and heavy manufacturing uses may be expanded or extended by an amount of gross floor area not to exceed twenty percent (20%) of the existing gross floor area of the use, provided that this exception may be applied only once to any individual business establishment.

23.48.038 Nonconforming Structures.

The standards for nonconforming structures in 23.47.038 shall apply, except as follows:

When an historic landmark structure is relocated, any nonconformities with respect to development standards shall transfer with the relocated structure.

Section 10. Subsection B of Section 23.53.010 of the Seattle Municipal Code, as last amended by Ordinance 116262, is amended as follows:

23.53.010 Improvement requirements for new streets in all zones.

B. Required Right-of-way Widths for New Streets.

1. Arterial and Downtown Streets. New streets located in downtown zones, and new arterials, shall be designed according to the Street Improvement Manual.

2. Nonarterials Not in Downtown Zones.

a. The required right-of-way widths for new nonarterial streets not located in downtown zones shall be as shown on Chart A for Section 23.53.010:

Chart A

for Section 23.53.010

Zone Category Required

Right-of-way Width

1. SF, LDT, L1, NC1 50'

2. L2, L3, L4, NC2 56'

3. MR, HR, NC3, C1, C2, SCM, IB, IC 60'

4. IG1, IG2 66'

b. When a block is split into more than one (1) zone, the zone category with the most frontage shall determine the right-of-way width on the chart. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum right-of-way width.

3. Exceptions to Required Right-of-way Widths. The Director, in consultation after consulting with the Director of Engineering, may reduce the required right-of-way width for a new street when location in an environmentally critical area, disruption of existing drainage patterns, or removal of natural features such as significant trees makes the required right-of-way width impractical or undesirable.

Section 11. Subsection A of Section 23.53.015 of the Seattle Municipal Code, as last amended by Ordinance 117432, is amended as follows:

23.53.015 Improvement requirements for existing streets in residential and commercial zones.

A. General Requirements.

1. In residential or commercial zones, when new lots are proposed to be created, or any type of development is proposed, existing streets abutting the lot(s) shall be required to be improved in accordance with this section. One (1) or more of the following types of improvements may be required:

a. Pavement;

b. Curb and sidewalk installation;

c. Drainage;

d. Grading to future right-of-way grade;

e. Design of structures to accommodate future right-of-way grade;

f. No-protest agreements;

g. Planting of street trees and other landscaping.

A setback from the property line, or dedication of right-of-way, may be required to accommodate the improvements.

2. Subsection D contains exceptions from the standards requirements for street improvements, including exceptions for streets which already have curbs, projects which are smaller than a certain size, and for special circumstances, such as location in an environmentally critical area.

3. Off-site improvements, such as provision of drainage systems or fire access roads, will be required pursuant to the authority of this Code or other ordinances to mitigate the impacts of development.

4. Detailed requirements for street improvements are located in the current Street Improvement Manual, as adopted by joint rule of the Director and the Director of the Seattle Engineering Department.

5. The regulations in this section are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.

6. Minimum Right-of-Way Widths.

a. Arterials. The minimum right-of-way widths for arterials designated on Exhibit 23.53.015 A shall be as specified in the Street Improvement Manual. (See Exhibit 23.53.015 A.)

b. Nonarterials.

(1) The minimum right-of-way width for an existing street which is not an arterial designated on Exhibit 23.53.015 A shall be as shown on Chart A for Section 23.53.015.

Chart A

for Section 23.53.015

Minimum Right-of-way Widths

for Existing Nonarterial Streets

Zone Category Required

Right-of-way Width

1 SF, LDT, L1, and NC1 zones;

and NC2 zones with a maximum height limit of

forty feet (40') or less 40'

2. L3, L4, MR, HR, NC2

zones with height limits of

more than forty feet (40').

NC3, C1 and , C2 and SCM zones 52'

(2) When a block is split into more than one (1) zone, the zone category with the most frontage shall determine the right-of-way width on the chart. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum right-of-way width.

Section 12. Subsection B, C, and D of Section 23.53.030 of the Seattle Municipal Code, as last amended by Ordinance 117570, are amended as follows:

23.53.030 Alley improvements in all zones.

B. New Alleys.

1. New alleys created through the platting process shall meet the requirements of Subtitle III of this title, Platting Requirements.

2. The required right-of-way widths for new alleys shall be as shown on Chart A for Section 23.53.030.

Chart A

for Section 23.53.030

Width of New Alley Rights-of-way

Zone Category Right-of-way Width

1. SF, LDT, L1, NC1 12'

2. L2, L3, L4, NC2 16'

3. MR, HR, NC3, C1, C2, SCM and all

Industrial and Downtown zones 20'

3. When an alley abuts lots in more than one (1) zone category, the zone category with the most frontage on that block, excluding Zone Category 1, along both sides of the alley determines the minimum width on the chart. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum alley width.

C. Definition of Improved Alley. In certain zones, alley access is required when the alley is improved. For the purpose of determining when access is required, the alley will be considered improved when it meets the standards of this subsection.

1. Right-of-way Width.

a. The width of a right-of-way which is considered to be improved shall be as shown on Chart B for Section 23.53.030.

Chart B

for Section 23.53.030

Right-of-way Width for Alleys

Considered Improved

Zone Category Right-of-way Width

1. SF, LDT, L1, L2, L3, NC1 10'

2. L4, MR, HR, NC2 12'

3. NC2 3, C1, C2 and SCM 16'

b. When an alley abuts lots in more than one (1) zone category, the zone category with the most frontage on that block along both sides of the alley, excluding Zone Category 1, determines the minimum width on the chart. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum alley width.

2. Paving. To be considered improved, the alley shall be paved.

D. Minimum Widths Established.

1. The minimum required width for an existing alley right-of-way shall be as shown on Chart C for Section 23.53.030.

Chart C

for Section 23.53.030

Required Minimum Right-of-way

Widths for Existing Alleys

Zone Category Right-of-way Width

1. SF, LDT, No minimum width

2. L1, L2, NC1 12'

3. L3, L4, MR, HR, NC2 16'

4. NC3, C1, C2, SCM, all downtown 20'

zones

5. All industrial zones 20'

2. When an alley abuts lots in more than one (1) zone category, the zone category with the most frontage on that block along both sides of the alley, excluding Zone Category 1, determines the minimum width on the chart. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum alley width.

Section 13. Subsection I of Section 23.54.015 of the Seattle Municipal Code, as last amended by Ordinance 117202, is amended as follows:

23.54.015 Required Parking.

I. Bicycle Parking.

1. In L2, L3, MR and HR zones, and the SCM zone, for apartments and terraced housing, spaces for bicycles shall be provided in a safe and convenient location, according to the following chart:

Number of Units Number of Bicycle Spaces Required

5 10 11 20 More than 20

1 2 1 for every 10 units

2. Bicycle parking spaces shall be provided by all institutions in multifamily zones. The number of required bicycle parking spaces shall be five percent (5%) of the number of required vehicle spaces. All bicycle spaces should be sheltered from the weather, visible from the instititution, and conveniently located.

3. Bicycle parking facilities, either off-street or in the street right-of-way, shall be provided in NC1, NC2, NC3 and , C1 zones, and the SCM zone for any new use which requires twenty (20) or more automobile parking spaces accordings to Chart A. Automobile service stations, and other drive-in businesses except fast-food restaurants, shall be exempted from this requirement. All bicycle parking facilities in the street right-of-way shall conform to Engineering Department standards.

a. The number of required bicycle parking spaces shall be ten percent (10%) of the number of required off-street auto parking spaces.

b. When any covered automobile parking is provided, all bicycle parking shall be covered.

4. Bicycle parking facilities accessory to nonresidential uses shall be located on the lot or within eight hundred feet (800') of the lot. Bicycle parking accessory to residential uses shall be located on-site. Bicycle parking facilities shared by more than one (1) use are encouraged. When located off-street, bicycle and automobile parking areas shall be separated by a barrier or painted lines.

Section 14. Subsections D, E, F, and H of Section 23.54.020 of the Seattle Municipal Code, as last amended by Ordinance 117869, are amended as follows:

23.54.020 Parking quantity exceptions.

The parking quantity exceptions set forth in this section shall apply in all zones except downtown zones, which are regulated by Section 23.49.016, and major institution zones, which are regulated by Section 23.48.018.

D. Expansion of Existing Nonresidential Uses in Commercial Zones and in the Seattle Cascade Mixed (SCM) Zone. In commercial zones and within the Seattle Cascade Mixed (SCM) zone additional parking spaces for nonresidential uses shall not be required for the expansion of existing structures if the minimum parking requirement would not be increased by more than ten percent (10%). If the minimum parking requirement would be increased by more than ten percent (10%), the parking spaces required for the entire expansion shall be provided. This provision may be used only once for any individual structure.

E. Reductions to required parking in pedestrian-designated commercial zones shall be permitted according to the provisions of Section 23.47.044. Further reductions to required parking for nonresidential use in the Seattle Cascade Mixed (SCM) zone shall be permitted according to the provisions of Section 23.48.032.E.

F. Reductions to Minimum Parking Requirements for Nonresidential Uses.

1. Reductions to minimum parking requirements permitted by this subsection shall be calculated from the minimum parking requirements in Section 23.54.015. Total reductions to required parking as provided in this subsection shall not exceed forty percent (40%).

2. Transit Reduction

a. In commercial zones, except pedestrian-designated zones, and in the Seattle Cascade Mixed (SCM) zone, except on Class I Pedestrian Streets, the minimum parking requirement for a nonresidential use, except institutions, may be reduced by twenty percent (20%) when the use is located within eight hundred feet (800') of a street with midday transit service headways of fifteen (15) minutes or less in each direction. This distance shall be the walking distance measured from the nearest bus stop to the property line of the lot containing the use.

b. In industrial zones, the minimum parking requirement for a nonresidential use may be reduced by fifteen percent (15%) when the use is located within eight hundred feet (800') of a street with peak transit service headways of fifteen (15) minutes or less in each direction. This distance shall be the walking distance measured from the nearest bus stop to the property line of the lot containing the use.

3. Substitution of Alternative Transportation. For new or expanding administrative offices or manufacturing uses which require forty (40) or more parking spaces, the minimum parking requirement may be reduced up to a maximum of forty percent (40%) by the substitution of alternative transportation programs, according to the following provisions:

a. For every certified carpool space accompanied by a cash fee, performance bond or alternative guarantee acceptable to the Director, the total parking requirement shall be reduced by one and nine-tenths (1 9/10) spaces, up to a maximum of forty percent (40%) of the parking requirement. The Director shall consult with the Seattle Rideshare Office in certifying carpool spaces and the location of carpool parking.

b. For every certified vanpool purchased or leased by the applicant for employee use, or equivalent cash fee for purchase of a van by the public ridesharing agency, the total parking requirement shall be reduced by six (6) spaces, up to a maximum of twenty percent (20%) of the parking requirement. Before a certificate of occupancy may be issued, details of the vanpool program shall be spelled out in a Memorandum of Agreement executed between the proponent, the Director, and the Seattle Rideshare Office.

c. If transit or transportation passes are provided with a fifty percent (50%) or greater cost reduction to all employees in a proposed structure for the duration of the business establishment(s) within it, or five (5) years, whichever is less, and if transit service is located within eight hundred feet (800'), the parking requirement shall be reduced by ten percent (10%). With a twenty-five percent (25%) to forty-nine percent (49%) cost reduction, and if transit service is located within eight hundred feet (800'), the parking requirement shall be reduced by five percent (5%).

d. For every four (4) covered bicycle parking spaces provided, the total parking requirement shall be reduced by one (1) space, up to a maximum of five percent (5%) of the parking requirement, provided that there is access to an arterial over improved streets.

H. Cooperative Parking.

1. Cooperative parking shall be permitted between two (2) or more business establishments which are commercial uses according to the provisions of this subsection.

2. Up to a twenty percent (20%) reduction in the total number of required parking spaces for four (4) or more separate business establishments, fifteen percent (15%) reduction for three (3) business establishments, and ten percent (10%) reduction for two (2) commercial uses may be authorized by the director under the following conditions:

a. No reductions to the parking requirement shall be made if the proposed business establishments have already received a reduction through the provision for shared parking, subsection G.

b. The business establishments for which the application is being made for cooperative parking shall be located within eight hundred feet (800') of the parking, and the parking shall be located in a commercial or residential-commercial zone or the Seattle Cascade Mixed (SCM) zone.

c. The reductions to parking permitted through cooperative parking shall be determined as a percentage of the minimum parking requirement as modified by the reductions permitted in subsections A through F.

d. An agreement providing for the cooperative use of parking shall be filed with the Director when the facility or area is established as cooperative parking. Cooperative parking privileges shall continue in effect only as long as the agreement to use the cooperative parking remains in force. If the agreement is no longer in force, then parking shall be provided as otherwise required by this chapter. New business establishments seeking to meet parking requirements by becoming part of an existing cooperative arrangement shall provide the Director with an amendment to the agreement stating their inclusion in the cooperative parking facility or area.

Section 15. Subsection F of Section 23.54.030 of the Seattle Municipal Code, as last amended by Ordinance 117432, is amended as follows:

23.54.030 Parking space standards.

F. Curbcuts. Curbcut requirements shall be determined by whether the parking served by the curbcut is for residential or nonresidential use, and by the zone in which the use is located. When a curbcut is used for more than one (1) use, the requirements for the use with the largest curbcut requirements shall apply.

1. Residential Uses in Single-family and Multi-family Zones and Single Purpose Residential Uses in All Other Zones.

a. For lots not located on a principal arterial as designated on Exhibit 23.53.015 A, the number of curbcuts permitted shall be according to the following chart:

Street or Easement Number of

Frontage of the Lot Curbcuts Permitted

0 -80 feet 1

81 -160 feet 2

161 -240 feet 3

241 -320 feet 4

For lots with frontage in excess of three hundred twenty feet (320'), the pattern established in the chart shall be continued.

b. Curbcuts shall not exceed a maximum width of ten feet (10') except that:

(1) One (1) curbcut greater than ten feet (10') but in no case greater than twenty feet (20') in width may be substituted for each two (2) curbcuts permitted by subsection F1a; and

(2) A greater width may be specifically permitted by the development standards in a zone; and

(3) When subsection D of Section 23.54.030 requires a driveway greater than ten feet (10') in width, the curbcut may be as wide as the required width of the driveway.

c. For lots on principal arterials designated on Exhibit 23.53.015 A, curbcuts of a maximum width of twenty-three feet (23') shall be permitted according to the following chart.

Street or Easement

Frontage of the Lot Number of

Curbcuts Permitted

0 -160feet 1

161 -320 feet 2

321 -480 feet 3

For lots with street frontage in excess of four hundred eighty feet (480'), the pattern established in the chart shall be continued.

d. There shall be at least thirty feet (30') between any two (2) curbcuts located on a lot.

e. A curbcut may be less than the maximum width permitted but shall be at least as wide as the minimum required width of the driveway it serves.

f. Where two (2) adjoining lots share a common driveway according to the provisions of Section 23.54.030 D1, the combined frontage of the two (2) lots shall be considered one (1) in determining the maximum number of permitted curbcuts.

2. Nonresidential Uses in Single-family and Multi-family Zones, and All Uses, Except Single-purpose Residential Uses, in All Other Zones Except Industrial Zones.

a. Number of Curbcuts.

(1) In RC, NC1, NC2, NC3 and Major Institution zones, a maximum of two (2) curbcuts for one (1) way traffic or one (1) curbcut for two (2) way traffic shall be permitted on lots with street frontage of eighty feet (80') or less. On lots with street frontage of more than eighty feet (80'), up to two (2) two (2) way curbcuts shall be permitted for each two hundred forty feet (240') of street frontage.

(2) In C1 and C2 zones and the SCM zone, the Director shall review and make a recommendation on the number and location of curbcuts.

(3) In downtown zones, a maximum of two (2) curbcuts for one (1) way traffic at least forty feet (40') apart, or one (1) curbcut for two (2) way traffic, shall be permitted on each street front where access is permitted by Section 23.49.018. No curbcut shall be located within forty feet (40') of an intersection. These standards may be modified by the Director on lots with steep slopes or other special conditions, the minimum necessary to provide vehicular and pedestrian safety and facilitate a smooth flow of traffic, in accordance with the Downtown Land Use Policies.

(4) For public schools, the minimum number of curbcuts determined necessary by the Director shall be permitted.

b. Curbcut Widths.

(1) For one (1) way traffic, the minimum with of curbcuts shall be twelve feet (12'), and the maximum width shall be fifteen feet (15').

(2) For two (2) way traffic, the minimum width of curbcuts shall be twenty-two feet (22'), and the maximum width shall be twentyfive feet (25'), except that the maximum width may be increased to thirty feet (30') when truck and auto access are combined.

(3) For public schools, the maximum width of curbcuts shall be twenty-five feet (25'). Development standards departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79.

(4) When one (1) of the following conditions applies, the Director may require a curbcut of up to thirty feet (30') in width, if it is found that a wider curbcut is necessary for safe access:

i. The abutting street has a single lane on the side which abuts the lot; or

ii. The curb lane abutting the lot is less than

eleven feet (11') wide; or

iii. The proposed development is located on an arterial with an average daily traffic volume of over seven thousand (7,000) vehicles; or

iv. Off-street loading space is required according to subsection H of Section 23.54.015.

c. The entrances to all garages accessory to nonresidential uses and the entrances to all principal use parking garage shall be at least six feet nine inches (6'9") high.

3. All Uses in Industrial Zones.

a. Number and Location of Curbcuts. The number and location of curbcuts shall be determined by the Director.

b. Curbcut Width. Curbcut width in Industrial zones shall be provided as follows:

(1) When the curbcut provides access to a parking area or structure it shall be a minimum of fifteen feet (15') wide and a maximum of thirty feet (30') wide.

(2) When the curbcut provides access to a loading berth, the maximum width of thirty fee (30') set in subsection E3b (1) may be increased to fifty feet (50').

(3) Within the minimum and maximum widths established by this subsection, the Director shall determine the size of the curbcuts.

4. Curbcuts for Access Easements.

a. When a lot is crossed by an access easement serving other lots, the curbcut serving the easement may be as wide as the easement roadway.

b. The curbcut serving an access easement shall not be counted against the number or amount of curbcut permitted to a lot if the lot is not itself served by the easement.

5. Curbcut Flare. A flare with a maximum width of two and onehalf feet (2 1/2') shall be permitted on either side of curbcuts in any zone.

6. Replacement of Unused Curbcuts. When a curbcut is no longer needed to provide access to a lot, the curb and any planting strip shall be replaced.

Section 16. Section 23.55.030 of the Seattle Municipal Code, as last amended by Ordinance 116780, is amended as follows:

23.55.030 Signs in NC3, SCM, C1 and C2 Zones

A. No sign shall have rotating or moving parts that revolve at a speed in excess of seven (7) revolutions per minute.

B. Signs may be electric, externally illuminated, or nonilluminated.

C. No flashing signs shall be permitted.

D. On-Premises Signs.

1. The following signs shall be permitted in addition to the signs permitted by subsections D2 and D3:

a. Electric, externally illuminated or nonilluminated signs bearing the name of the occupant of a dwelling unit, not exceeding sixty-four (64) square inches in area;

b. Memorial signs or tablets, and the names of buildings and dates of building erection when cut into a masonry surface or constructed of bronze or other noncombustible materials;

c. Signs for public facilities indicating danger and/or providing service or safety information;

d. Properly displayed national, state and institutional flags;

e. One (1) under-marquee sign which does not exceed ten (10) square feet in area;

f. One (1) electric, externally illuminated or nonilluminated sign bearing the name of a home occupation, not to exceed sixty-four (64) square inches in area.

2. Number and type of Permitted Signs for Business Establishments.

a. Each business establishment may have one (1) ground, roof, projecting or combination sign (Type A sign) for each three hundred (300) lineal feet, or portion thereof, of frontage on public rightsof-way, except alleys.

b. In addition to the signs permitted by subsection D2a, each business establishment may have one (1) wall, awning, canopy, marquee or under-marquee sign (Type B sign) for each thirty (30) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

c. In addition to the signs permitted by subsections D2a and D2b, each multiple business center and drive-in business may have one (1) pole sign for each three hundred (300) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys. Such pole signs may be for a drive-in business or for an individual business establishment located in a multiple business center, or may identify a multiple business center.

d. Individual businesses which are not drive-in businesses and which are not located in multiple business centers may have one (1) pole sign in lieu of another Type A sign permitted by subsection D2a for each three hundred (300) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

e. Where the principal use or activity on the lot is outdoor retail sales, banners and strings of pennants maintained in good condition shall be permitted in addition to the signs permitted by subsection D2a, D2b and D2c.

3. Maximum Area

a. NC3 Zones and the SCM zone.

(1) The maximum area of each face of pole, ground , roof, projecting or combination signs shall be seventy-two (72) square feet plus two (2) square feet for each foot of frontage over thirty-six (36') on public rights-of-way, except alleys, to a maximum area of three hundred (300) square feet, provided that:

i. The maximum area for signs for multiple business centers, and signs for business establishments located within one hundred feet (100') of a state route right-of-way which is not designated in Section 23.55.042 as a landscaped or scenic view section, shall be six hundred (600) square feet; and

ii. The maximum area for pole signs for gas stations which identify the price of motor fuel being offered by numerals of equal size shall be ninety-six (96) square feet.

(2) There shall be no maximum area limit for wall, awning, canopy, marquee or under-marquee signs.

b. C1 and C2 Zones. There shall be no maximum area limits for on -premises signs for business establishments in C1 and C2 zones.

4. Identifications Signs for Multi-family Structures.

a. One (1) identification sign shall be permitted on each street or alley frontage of a multi-family structure.

b. Identification signs may be wall, ground, awning, canopy, marquee, under-marquee, or projecting signs.

c. The maximum area of each sign shall be seventy-two (72) square feet.

5. Sign Height.

a. The maximum height for any portion of a projecting or combination sign shall be sixty-five feet (65') above existing grade, or the maximum height limit of the zone, whichever is less.

b. The maximum height limit for any portion of a pole sign shall be thirty feet (30'); except for pole signs for multiple business centers and for business establishments located within one hundred feet (100') of a state route right-of-way which is not designated in Section 23.55.042 as a landscaped or scenic view section, which shall have a maximum height of forty feet (40').

c. The maximum height for any portion of a wall marquee, undermarquee or canopy sign shall be twenty feet (20') or the height of the cornice of the structure to which the sign is attached, whichever is greater.

d. No portion of a roof sign shall:

(1) Extend beyond the height limit of the zone;

(2) Exceed a height above the roof in excess of the height of the structure on which the sign is located; or

(3) Exceed a height of thirty feet (30') above the roof, measured from a point on the roof line directly below the sign or from the nearest adjacent parapet.

E. Off-Premises Signs.

1. Identifying Signs for Business Districts. Each business district may have up to two (2) identifying ground, pole, wall or projecting signs which may list businesses located in the district. The identifying signs shall not be located in a residential zone, and shall meet the standard of Section 23.55.014, Off-premises signs.

2. One (1) residential district identification wall or ground sign per entrance, meeting the standards of Section 23.55.014, shall be permitted.

3. When accessory parking is provided on a lot other than the lot where the principal use is located, off-premises directional signs five (5) square feet or less in area identifying the accessory parking shall be permitted.

4. Off-premises directional signs and advertising signs, in addition to those permitted by subsections El, E2, and E3, shall be permitted according to section 23.55.014, Off-premises signs

5. Advertising signs are prohibited in Neighborhood Commercial 3 zones and in the Seattle Cascade Mixed (SCM) zone.

Section 17. Section 23.84.009 of the Seattle Municipal Code, as last amended by Ordinance 117202, is amended as follows:

23.84.009 "F."

"Florist" means a retail sales and service use in which cut flowers and other plants are sold.

Section 18. The several provisions of this ordinance are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.

Section 19. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

PASSED by the City Council the ______ day of __________. 1996 and signed by me in open session in authentication of its passage this ____ day of ____________, 1996.

__________________________________

President of City Council

Approved by me this ______ day of ____________________, 1996

_____________________________

Mayor

Filed by me this __________ day of _____________________, 1996

_____________________________

City Clerk

(SEAL)

September 26, 1996 Version 8 ns