ORDINANCE _________________

AN ORDINANCE related to land use and zoning, amending Sections 23.12.060, 23.34.016, 23.44.080, 23.45.006, 23.45.008, 23.45.009, 23.45.014, 23.45.016, 23.45.182, 23.45.184, and 23.86.002 of the Seattle Municipal Code to implement amendments to the Land Use Code in support of housing production. Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Policies 2 and 3 of Section 23.12.060 of the Seattle Municipal Code (SMC), which Section was last amended by Ordinance 118414, are amended as follows:

23.12.060 Multifamily land use policies.

Policy 2: Multifamily Residential Classifications

The multifamily classifications specify the types of housing permitted in the different multifamily areas. The housing types are defined in terms of: 1) height, bulk and setbacks, 2) the amount of usable open space and the physical relationship of the open space to individual units, and 3) the location and appearance of parking and access to parking. Development standards regulating these elements are intended to provide for a transition in scale between multifamily and single family areas, facilitate an attractive pedestrian environment at the street level, conform with the topography to maintain natural hills and valleys and preserve views, encourage new development which is compatible with existing neighborhood character, and enhance the livability of new housing. Cluster development is also encouraged in all classifications. A greater variety of housing types is encouraged, particularly in the lower classifications. Each of the multifamily classifications allows all housing types permitted in a less intense classification.

Lowrise Duplex/Triplex (LDT)

Purpose of the Zone: The intent of the Lowrise Duplex/Triplex (LDT) zone is to provide opportunities for limited infill housing development, both through new construction and the conversion of existing single-family structures to duplexes and triplexes, in areas that do not meet the singlefamily criteria, but where, in order to preserve the character of the neighborhood, the recycling of existing structures to a slightly higher density and small-scale infill development is preferable to single-family zoning or to the development of townhouses or higher density apartments. Areas appropriate for designation as Lowrise Duplex/Triplex maintain a single-family character, but do not meet the criteria for designation as a single-family area under the Single-family Policies, and include a mix of single-family dwellings, duplexes, triplexes, and singlefamily structures already converted to multiple units. Counciladopted neighborhood plans may allow locating the LDT zone in an area otherwise meeting the criteria for designation as a single family zone in limited circumstances. Development standards for the zone are intended to ensure that new and converted structures are not only compatible with existing development, but are also reflective of the character of that development in terms of scale, open space, setbacks, siting, unit orientation, and provision of ground-level open space.

Lowrise 1 (L1)

Purpose of the Zone: The intent of the Lowrise 1 zone is to provide areas for multifamily development of low height and small bulk where units generally have direct access to private, landscaped yards, thereby increasing housing opportunities for families with children and others seeking ground-related housing. The primary objective is the development of townhouses housing units that are generally compatible in scale, siting, and landscaping with single family areas. Council-adopted neighborhood plans may allow locating the L1 zone in an area otherwise meeting the criteria for designation as a single family zone under limited circumstances. This zone is intended to provide a transition in intensity , rather than and scale, between single-family and other multifamily areas.

Lowrise 2 (L2)

Purpose of the Zone: The intent of the Lowrise 2 zone is to encourage a variety of multifamily housing types with less emphasis on groundrelated units, while remaining at a scale compatible with singlefamily structures. Limits on height and bulk ensure a building scale that is consistent with the development of single lots and with the lower building heights characteristic of most lower density residential areas.

Lowrise 3 (L3)

Purpose of the Zone: The intent of the Lowrise 3 zone is to provide additional housing opportunities in multifamily neighborhoods where it is desirable to limit development to infill projects and conversions compatible with the existing mix of houses and small to moderate scale apartments. To accommodate greater density allowed in the zone, L3 designations should be located in areas with adequate alley access and on-street parking.

Lowrise 4 (L4)

Purpose of the Zone: The intent of the Lowrise 4 zone is to provide for higher density infill development in residential neighborhoods already characterized by larger, high density residential structures. To accommodate greater density allowed in the zone, L4 should be located in areas with good vehicular circulation, adequate alley access and on-street parking. In addition to housing types permitted in less intensive zones;, new housing types appropriate for Lowrise 4 are four-story apartments.

Midrise (MR)

Purpose of the Zone: The intent of the Midrise zone is to allow for higher density residential development in neighborhoods where significant concentrations of housing are desired and where services are available to accommodate such growth. This classification allows multifamily housing of a medium to large scale, fairly high density and heights greater than those in the lowrise zones. The development standards for the Midrise zone are intended to provide for larger scale structures while maintaining the livability of these high density residential areas. Development standards should include measures which minimize the appearance of bulk. Ground floor commercial use in apartment buildings is allowed in blocks adjacent to healthy commercial areas.

Highrise (HR)

Purpose of the Zone: The intent of the Highrise zone is to allow very high-density residential development in areas where concentrations of such housing are desired and can be accommodated. This most intense residential classification allows development of highrise structures. In order to add activity and visual interest to the street environment and contribute to the neighborhood's livability, ground floor commercial use in residential buildings is permitted throughout Highrise areas and greater bulk may be permitted in the base of highrise structures. In order to provide public open spaces, preserve or provide low and moderate cost housing, preserve historically or architecturally significant buildings, or provide more space between towers to decrease view blockage and shadows on adjacent structures and open spaces, additional height beyond the height limit may be granted to structures in the Highrise zone.

Policy 3: Density Limits

The purpose of establishing limits on density is to provide greater predictability about the allowed intensity of development by specifying a maximum number of units achievable on sites in each lowrise multifamily classification. The density limits shall provide for a wide range of housing types and achieve development that is compatible with the predominant character of multifamily areas. Permitted density shall be determined on a lot area per dwelling unit basis. Each Lowrise zone classification shall establish the minimum amount of lot area required for each permitted unit. Density limits for housing for low-income elderly and low-income disabled persons shall be established to provide for the special needs of these families households. In the Lowrise Duplex/Triplex zone, new lots created for the construction of singlefamily dwelling units shall comply with the minimum lot area requirements for Single Family 5000 zones.

Implementation Guideline: Density Limits for Housing for Low-income

Elderly or Low-income Disabled Persons

In order to reduce costs and provide sufficient density to make the development of housing for low-income elderly and low-income disabled persons feasible, maximum density limits shall be increased for such housing in the L3 and L4 zones. The density limits reflect the fact that low-income elderly and low-income disabled families households create less impacts than the general population, and that it is the City's policy to facilitate the development of housing for these families households.

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Section 2. Subsections A and B of Section 23.34.016 of the SMC, which Section was last amended by Ordinance 118794, are amended as follows:

23.34.016 Lowrise 1 (L1) zone, function and locational criteria.

A. Function. An area that provides low density, primarily ground-related multifamily housing opportunities.

B. Locational Criteria. Lowrise 1 zone designation is most appropriate in areas generally characterized by the following:

1. Development Characteristics of the Area.

a. Areas where structures of low heights, generally less than thirty (30) feet, and small bulk establish the pattern of development;

b. Areas with:

(1) A mix of single-family structures, small multifamily structures and single-family structures legally converted into multiple units where, because of the type and quality of the existing housing stock, it is desirable to encourage new development opportunities, or

(2) Numerous or large vacant parcels suitable for family housing where densities greater than single-family are desired; and

c. Areas where internal vehicular circulation is conducive to residential units that are oriented to the ground level and the street. Preferred locations are generally separated from principal arterials, as defined by the Seattle Comprehensive Transportation Program, which conflict with the desired ground-related character of L1 areas.

2. Relationship to the Surrounding Areas.

a. Properties that are definable pockets within a larger, higher density multifamily area, where it is desirable to preserve a smallscale , ground-related character;

b. Properties generally surrounded by a larger single-family area where variation and replacement in housing type could be accommodated without significant disruption of the pattern, character or livability of the surrounding development;

c. Properties where a gradual transition is appropriate between single-family areas and more intensive multifamily or neighborhood commercial zones;

d. Properties in areas where narrow streets, on-street parking congestion, local traffic congestion, or irregular street patterns restrict local access and circulation;

e. Properties in areas close to facilities and services used by households with children, including schools, parks and community centers.

Section 3. Subsection D of Section 23.44.080 of the Seattle Municipal Code (SMC), which Section was last amended by Ordinance __________, is amended as follows:

23.44.080 Nonconforming uses.

D. Alterations to nonconforming residential uses.

1. The number of dwelling units in a A nonconforming residential use shall not be expanded or extended nor shall the number of dwelling units be increased shall not be increased . For a nonconforming residential use that was not a multifamily use, the number of residents may not be increased beyond the maximum number that was allowed by the standards of the zone at the time of approval or, if permitted by conditional use, the number shall not be allowed to increase above that number permitted by the conditional use approval.

2. A structure occupied by a nonconforming residential use may be maintained, repaired, renovated, or structurally altered: but shall not be expanded or extended except as otherwise required by law,

a. as necessary to improve access for the elderly and disabled, or as specifically permitted for nonconforming uses and nonconforming structures elsewhere in this Code. S;

b. to construct structural features including, but not limited to, exterior decks and balconies, bay windows, dormers, eaves and solar collectors may be added to a principal structure, or a new or expanded accessory structure may be constructed, provided that the addition or new structure conforms to the development standards of the zone.;. Structural features including, but not limited to, exterior decks and balconies, bay windows, dormers, eaves and solar collectors may be added to a principal structure, or a new or expanded accessory structure may be constructed, provided that the addition or new structure conforms to the development standards of the zone.

c. to construct an addition which meets development standards for single family construction and does not exceed any of the following conditions:

(1) five hundred (500) square feet of additional gross floor area;

(2) the average height of the closest principal structures on either side.

d. by special exception, Type II Master Use Permit, to construct an addition which exceeds the conditions listed in subsection 2c above but is within the development standards permitted for single family development. DCLU may approve or approve with conditions the special exception only if the project is compatible with the surrounding development in terms of:

(1) architectural character;

(2) existing streetscape and pattern of yards; and

(3) scale and proportion of principal structures.

e. If an addition proposed under subsections 2c or 2d above would require additional parking under the requirements of Section 23.54.015 for multifamily structures, then that additional parking shall be provided.

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Section 4. Subsections F through K of Section 23.45.006 of the SMC, which Section was last amended by Ordinance 118794, are amended as follows:

23.45.006 General development standards for structures in multifamily zones.

F. In Lowrise 1 zones all multifamily structures shall be townhouses ground-related units, except that apartments are permitted on a lot whose platted width as of the effective date of this ordinance is less than forty feet (40') ., or Apartments shall be prohibited in Lowrise 1 zones, except that floor area in a structure existing as of the effective date of the ordinance codified in this section January 26, 1990 may contain dwelling units which are not ground-related where density limits of the zone would not be exceeded and new floor area would not be added. The requirements of this subsection shall not be eligible for a variance according to the provisions of Section 23.40.020.

G. In Lowrise Duplex/Triplex zones new lots created for the construction of a single family dwelling unit shall comply with the minimum lot area requirements for Single Family 5000 zones contained in Section 23.44.010, except for cottage housing development. A cottage housing development permitted in Lowrise Duplex/Triplex and Lowrise 1 zones shall have a minimum site area of sixty-four hundred (6,400) square feet and a minimum lot area per cottage of sixteen hundred (1,600) square feet.

G. H.)) A structure occupied by a permitted use other than single family or multifamily residential use may be partially or wholly converted to single family or multifamily residential use even if the structure does not conform to the development standards for residential uses in the multifamily zones. One (1) unit may be added without a parking space according to provisions of Section 23.54.020. If the only use of the structure will be residential and if two (2) or more units are being created and there is no feasible way to provide the required parking, then the Director may authorize reduction or waiver of parking as a special exception according to the standards of Section 23.54.020 E. Expansions of nonconforming converted structures and conversions of structures occupied by nonconforming uses shall be regulated by Subchapter IV, Nonconforming Uses and Structures, of this Chapter.

H. I.)) When a subdivision is proposed for townhouses, cottage housing, clustered housing, or single family residences in Lowrise zones, the subdivision shall be subject to the provisions of Section 23.24.045, Unit Subdivisions.

I. J.)) When construction of townhouses, cottage housing, clustered housing, or single family residences in Lowrise zones is proposed on a series of adjoining legally platted lots where each dwelling unit is contained within the existing boundaries of each existing lot, these lots may be sold as separate legal sites without unit subdivision approval but subject to the provisions of Section 23.24.045, Unit Subdivisions.

J. K.)) Except as provided in subsections I HI and J IJ above, multifamily zoned lots that have no street frontage shall be subject to the following for purposes of structure width and depth, modulation and setbacks:

1. For lots that have only one alley lot line, the alley lot line shall be treated as a front lot line.

2. For lot that have more than one alley lot line, only one alley lot line shall be treated as a front lot line.

3. For lots that have no alley lot lines, the applicant may choose the front lot line provided that the selected front lot line length is at least fifty percent (50%) of the width of the lot.

Section 5. Subsection C and E of Section 23.45.008 of the SMC, which Section was last amended by Ordinance 117173, are amended as follows:

23.45.008 Density -Lowrise zones.

C. In the Lowrise Duplex/Triplex and Lowrise 1 zones, the minimum lot area per dwelling unit for cottage housing developments shall be one (1) dwelling unit per one thousand six hundred (1,600) square feet of lot area. In Lowrise Duplex/Triplex and Lowrise 1 zones, the minimum lot area for cottage housing developments shall be six thousand four hundred (6,400) square feet.

E. In calculating the number of dwelling units permitted on a lot, the rounding up of fractions of a unit to a whole unit shall not be permitted. When dedication of right-of-way is required, permitted density shall be calculated before the dedication is made. In calculating the number of dwelling units permitted on a lot, the rounding up of fractions of a unit to a whole unit shall not be permitted. When dedication of right -of-way is required, permitted density shall be calculated before the dedication is made.

Section 6. A new subsection E is hereby added to Section 23.45.009 of the SMC, which Section was last amended by Ordinance 117173, as follows:

23.45.009 Structure height -Lowrise zones.

E. Sloped Lots. Additional height shall be permitted for sloped lots, at the rate of one (1) foot for each six (6) percent of slope, to a maximum of five (5) feet. The additional height shall be permitted on the downhill side of the structure only, as described in subsection 23.86.006 C.

Section 7. Subsections B and C of Section 23.45.014 of the SMC, which Section was last amended by Ordinance ___________, is amended as follows:

23.45.014 Setback requirements -Lowrise zones.

B. Rear Setbacks. Rear setbacks shall be provided as follows:

1. Zones. Lowrise Duplex/Triplex and Lowrise 1 Twenty (20) feet or twenty (20) percent of lot depth, whichever is less, but in no case less than fifteen (15) feet, except for cottage housing developments, which shall provide a minimum ten (10) foot rear setback.

Lowrise 2 Twenty-five (25) feet or twenty (20) percent of lot depth, whichever is less, but in no case less than fifteen (15) feet.

Lowrise 3 and Lowrise 4 - Twenty-five (25) feet or fifteen (15) percent of lot depth, whichever is less, but in no case less than fifteen (15) feet.

2. Alleys. When a property abuts upon an alley along a rear lot line, the centerline of the alley between the side lot lines extended shall be used as the rear lot line for purposes of measuring a rear setback; provided that at no point shall the principal structure be closer than ten (10) feet to the actual property line at the alley. If the provisions of subsection H are used, this subsection may not be used.

C. Side Setbacks.

1. The required side setback for structures in Lowrise zones shall be determined by structure depth and height, according to the following Table 23.45.014A:

Table 23.45.014A

Side Setbacks --Lowrise Zones

Height of Side Facade

at Highest Point in Feet

0 ( 25' 26 ( 30' 31 ( 37'

Structure

Depth

in Feet

Average Side Setback

in Feet Minimum

Side

Setback

65' or less 5' 6' 7' 5'

66' to 80' 6' 6' 8' 5'

81' to 100' 8' 9' 11' 6'

101' to 120' 11' 12' 14' 7'

121' to 140' 14' 15' 17' 7'

141' to 160' 17' 18' 20' 8'

161' to 180' 19' 21' 23' 8'

Greater than

180'

1' in addition

to 8' for every

50' in depth

The pattern established in the table shall be continued for structures greater than one hundred eighty (180) feet in depth.

2. When there is a principal entrance along a side facade not facing a street or alley, the following shall apply except for cottage housing developments: a ten (10)) foot setback shall be required along that side for the length of the pedestrian route. This ten (10) foot setback

a. In addition to the setback required in Table 23.45.014A, the principal entrance door(s) shall be recessed three (3) feet. This requirement for a recessed entrance shall apply only to a height necessary to accommodate the entrance of eight (8) feet above the access route.

b. Screening along the side property line that faces the principal entrance(s) shall be provided in the form of a wall or fence that meets the standard in subsection G. In order to ensure adequate access width, this screening shall supercede the landscape requirement along property lines that abut single family zoned lots contained in 23.45.015B1b.

3. The side street setback of reversed corner lot shall be ten (10) feet or as provided in Table 23.45.014A, whichever is greater.

Section 8. Section 23.45.016 of the SMC, which Section was last amended by Ordinance ____________, is amended as follows:

23.45.016 Open space requirements-Lowrise zones.

A. Quantity of Open Space.

1. Lowrise Duplex/Triplex Zones.

a. Single-family Structures. A minimum of six hundred (600) square feet of landscaped area shall be provided, except for cottage housing developments.

b. Cottage Housing Developments. A minimum of four hundred (400) square feet per unit of landscaped area is required. This quantity shall be allotted as follows:

(1) A minimum of two hundred (200) square feet per unit shall be private usable open space; and

(2) A minimum of one hundred fifty (150) square feet per unit shall be provided as common open space.

c. Structures with Two (2) Dwelling Units. At least one (1) unit shall have direct access to a minimum of four hundred (400) square feet of private, usable open space. The second unit shall also have direct access to four hundred (400) square feet of private, usable open space; or six hundred (600) square feet of common open space shall be provided on the lot.

d. Structures with Three (3) Dwelling Units. At least two (2) units shall have direct access to a minimum of four hundred (400) square feet of private, usable open space per unit. The third unit shall have direct access to four hundred (400) square feet of private, usable open space; or six hundred (600) square feet of common open space shall be provided on the lot.

2. Lowrise 1 Zones.

a. Ground-related Housing.

(1) A minimum An average of three hundred (300) square feet per unit of private, usable open space, at ground level and directly accessible to each unit, shall be required, except for cottage housing developments. No unit shall have less than two hundred (200) square feet of private, usable open space. When a new unit that is not a ground-related unit is added to an existing structure, a minimum of three hundred (300) square feet of common open space at ground level shall be provided for the new unit,. As long as the average per unit amount of open space is maintained at three hundred (300) square feet on the lot, a minimum of three hundred (300) two hundred (200) square feet of common open space at ground level shall be provided for the unit but it does not have to be directly accessible to the unit.

c (2) On lots with slopes of twenty (20) percent or more, decks of the same size as the required ground-level open space may be built over the sloping ground-level open space. In order to qualify for this provision, such decks shall not cover the open space of another unit, nor be above the living space of any unit. Decks may project into setbacks in accordance with subsection F of Section 23.45.014.

b. Apartments. An average of three hundred (300) square feet per unit of common open space, with a minimum of two hundred (200) square feet, shall be provided at ground level, but it does not have to be directly accessible to the unit.

bc. Cottage Housing Developments. A minimum of three hundred (300) square feet per unit of landscaped area is required. This quantity shall be allotted as follows:

(1) A minimum of one hundred fifty (150) square feet per unit shall be private, usable open space; and

(2) A minimum of one hundred fifty (150) square feet per unit shall be provided as common open space.

3. Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

a. Ground-related Housing.

(1) In Lowrise 2 and Lowrise 3 zones a minimum an average of three hundred (300) square feet per unit of private, usable open space, at ground level and directly accessible to each unit, shall be required. No unit shall have less than two hundred (200) square feet of private, usable open space.

(2) In Lowrise 4 zones a minimum of fifteen (15) percent of lot area, plus two hundred (200) square feet per unit of private usable open space, at ground level and directly accessible to each unit, shall be required.

(3) On lots with slopes of twenty (20) percent or more, decks of the same size as the required ground-level open space may be built over the sloping ground-level open space. In order to qualify for this provision, such decks shall not cover the open space of another unit, nor be above the living space of any unit. Decks may project into setbacks in accordance with subsection F of Section 23.45.014

b. Apartments.

(1) Lowrise 2 Zones. A minimum of thirty (30) percent of the lot area shall be provided as usable open space at ground level.

(2) Lowrise 3 and Lowrise 4 Zones.

i. A minimum of twenty-five (25) percent of the lot area shall be provided as usable open space at ground level, except as provided in subsection A3b(2)ii.

ii. A maximum of one-third (1/3) of the required open space may be provided above ground in the form of balconies, decks, individual unit decks on roofs or common roof gardens if the total amount of required open space is increased to thirty (30) percent of lot area.

B. Development Standards.

1. Lowrise Duplex/Triplex Zones and Ground-related Housing in Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones.

a. Lowrise Duplex/Triplex Zones-Private Usable Open Space.

(1) Private usable open space shall be provided at ground level in one (1) contiguous parcel with a minimum area of four hundred (400) square feet, except that in cottage housing developments, the quantity per unit shall be a minimum of two hundred (200) square feet. No horizontal dimension of the open space shall be less than ten (10) feet.

(2) Private usable open space shall be located a maximum of four (4) feet above or below a private entry to the unit it serves. The floor of the unit accessed by this entry shall have a minimum area of three hundred (300) square feet. This minimum area may include a private garage if habitable floor area of the same unit is located directly above.

b. Lowrise Duplex/Triplex Zones--Common Open Space. Required common open space shall be provided at ground level in one (1) contiguous parcel with a minimum area of six hundred (600) square feet, except that in cottage housing developments, the quantity per unit shall be a minimum of one hundred fifty (150) square feet. In cottage housing developments, each cottage shall abut the common open space. No horizontal dimension of open space shall be less than ten (10) feet.

c. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones--Groundrelated Housing.

(1) In Lowrise 1 zones the required open space shall be provided in one (1) contiguous parcel, except that in cottage housing developments, the open space shall be allotted as described in subsections A2bc above and B1c(5) below. In Lowrise 2, Lowrise 3 and Lowrise 4 zones, the required open space for each ground-related dwelling unit is not required to be in one (1) contiguous area, but no open space area shall be less than one hundred twenty (120) square feet. No horizontal dimension of the open space shall be less than ten (10) feet.

(2) Required open space may be located a maximum of ten (10) feet above or below the unit it serves, except as permitted in subsection B1c(4), provided that the access to such open space does not go through or over common circulation areas, common or public open spaces, or the open space serving another unit.

(3) At least fifty (50) percent of the required open space for a unit shall be level, provided that:

i. The open space may be terraced; and

ii. Minor adjustments in level shall be permitted as long as the difference in elevation between the highest and lowest point does not exceed two (2) feet.

(4) For additional dwelling units proposed within a structure existing on August 11, 1982, the vertical distance between the unit and the private, landscaped open space may exceed ten (10) feet where the following criteria are met:

i. Where the structure was constructed with floor-to-floor heights in excess of ten (10) feet, the open space may be located a maximum of ten (10) feet plus the height between floors in excess of ten (10) feet, above or below the unit it serves; or

ii. Where the structure was constructed with the first floor in excess of two (2) feet above grade, the open space may be located a maximum of ten (10) feet plus the additional height of the first floor in excess of two (2) feet above grade, above or below the unit it serves.

(5) Lowrise 1 Zone--Cottage Housing Developments.

i. At least fifty (50) percent of the required total open space per unit shall be provided as private usable open space in one (1) contiguous parcel. No horizontal dimension of the open space shall be less than ten (10) feet.

ii. Common open space shall be provided at ground level in one (1) contiguous parcel with a minimum area per unit of one hundred fifty (150) square feet. No horizontal dimension of the open space shall be less than ten (10) feet. Each cottage shall abut the common open space.

d. Required open space may be located in the front, sides or rear of the structure.

e. To ensure privacy of open space, openings such as windows and doors on the ground floor of walls of a dwelling unit, or common areas which directly face the open space of a different unit, are prohibited, unless such openings are screened by view-obscuring fences, freestanding walls or wingwalls.

f. Parking areas, driveways and pedestrian access, except for pedestrian access meeting the Washington State Building Code, Chapter 11, shall not be counted as open space.

g. Required private usable open space shall be landscaped according to standards promulgated by the Director for ground-related dwelling units.

2. Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 Zones-Apartments.

a. No horizontal dimension for required ground-level open space shall be less than ten (10) feet.

b. Required open space is permitted in the front, sides or rear of the structure.

c. Parking areas, driveways and pedestrian access, except pedestrian access meeting the Washington State Building Code, Chapter 11, shall not be counted as open space.

d. In order to qualify as above-ground level open space, balconies, decks, and in L3 and L4 zones, individual unit decks on roofs, shall all have a minimum horizontal dimension of six (6) feet, and a total area of at least sixty (60) square feet, while common roof gardens in L3 and L4 zones shall have a minimum area of two hundred fifty (250) square feet. Common roof garden open space shall be landscaped according to the rules promulgated by the Director.

e. For cluster development, at least twenty (20) percent of the required open space shall be provided in one (1) contiguous area.

f. Terraced Housing on a Slope of Twenty-five (25) Percent or More.

(1) No horizontal dimension for required ground-level open space shall be less than ten (10) feet.

(2) Required open space is permitted in the front, sides or rear of the structure.

(3) Parking areas, driveways and pedestrian access, except pedestrian access meeting the Washington State Building Code, Chapter 11, shall not be counted as open space.

(4) In order to qualify as above-ground-level open space, rooftop areas shall have a minimum horizontal dimension of at least ten (10) feet and a total area of at least one hundred twenty (120) square feet.

g. Rooftop space within the following parameters shall not count toward meeting open space requirements,: the area eight (8) feet from and in front of a directional antenna and at least two (2) feet from the back of a directional antenna, or, for an omnidirectional antenna, eight (8) feet away from the antenna in all directions. The Seattle-King County Public Health Department may require a greater distance for paging facilities after review of the Non-Ionizing Electromagnetic Radiation (NIER) report.

3. Open Space Exception. When all parking and access to parking is uncovered and is surfaced in permeable material, except gravel, the quantity of required ground-level open space shall be reduced by five (5) percent of the total lot area.

Section 9. Subsections C and E of Section 23.45.182 of the SMC, which Section was last amended by Ordinance 117570, are amended as follows:

23.45.182 Extensions, expansions and structural alterations of nonconforming uses.

C. A structure containing a nNonconforming apartment use structures in Lowrise 1 Zones may be expanded or extended provided that the expansion or extension shall conform to the development standards of the Lowrise 1 Zone and shall not cause an already nonconforming structure to become more nonconforming to development standards. Open space shall not be reduced to less than three hundred (300) square feet per unit and no horizontal dimension of open space shall be less than ten (10) feet. Existing ground-related units shall be maintained as ground-related.

E. Additional ground-related dwelling units may be added to a nonconforming apartment structure occupied by a nonconforming apartment use in Lowrise 1 Zones; provided, that the addition shall conform to the development standards of the Lowrise 1 Zone and shall not cause an already nonconforming structure to become more nonconforming to development standards. Open space for additional dwelling units shall be provided in addition to that required by subsection C of this section.

Section 10. Subsections C, D and E of Section 23.45.184 of the SMC, which Section was last amended by Ordinance 117263, are amended as follows:

23.45.184 Changes to and from nonconforming uses.

C. A nonconforming apartment use in a Lowrise 1 zone may not be converted to any nonresidential use which is not otherwise permitted in the Lowrise 1 zone. Conversion to a permitted use shall conform to the development standards for the new use.

D C. Except as provided in subsections B and C of this sSection, a nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone, subject to the following conditions:

1. The Director must find that the new use is no more detrimental to property in the zone and vicinity than the existing use. This determination shall be based on the following factors:

a. The zones in which both the existing use and the new use are allowed;

b. The number of employees and clients associated with the proposed use; and

c. The relative parking, traffic, light, glare, noise, odor and similar impacts of the two (2) uses.

2. A single residential unit accessory to the nonconforming use, such as a caretaker's or proprietor's unit, may be converted along with the rest of the nonconforming use provided that it is the only residential use in the structure and comprises less than half of the total floor area of the structure.

3. Parking requirements for the use permitted under this subchapter shall be those listed in Section 23.54.015 listing parking requirements by use or, if not listed, as determined under Section 23.54.015 B authorizing the Director's determination of the requirement. If the number of spaces required for the new use is greater than the number of spaces specified for the existing use at Section 23.54.015 or, if not specified, as determined under Section 23.54.015B, then the number of spaces provided shall be the difference of the two (2) requirements, except as provided in subsection D4.

4. If the new use is permitted, the Director may require additional mitigating measures including, but not limited to, landscaping, sound barriers or fences, mounding or berming, adjustments to yards or parking standards, design modification or setting hours of operation.

E 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 Sections 23.45.116 through 23.45.126.

Section 11. Subsection B of Section 23.86.002 of the SMC, which Section was last amended by Ordinance 117263, is further amended as follows:

23.86.002 General provisions.

B. Fractions.

1. When any measurement technique for determining the number of items required or allowed, including but not limited to parking or bicycle spaces, or required trees or shrubs, results in fractional requirements, any fraction up to and including one-half (1/2) of the applicable unit of measurement shall be disregarded and fractions over one-half (1/2) shall require the next higher full unit of measurement.

2. When any measurement technique for determining required minimum or allowed maximum dimensions, including but not limited to height, yards, setbacks, lot coverage, open space, building depth, parking space size or curb cut width, results in fractional requirements, the dimension should be measured to the nearest inch. Any fraction up to and including one-half of an inch (1/2") shall be disregarded and fractions over one-half of an inch (1/2" shall be included in the measurement require the next higher unit.

3. When density calculations result in a fraction, any fraction up to and including one-half (1/2) shall be disregarded and any fraction over one-half (1/2) shall allow the next higher number.

Section 12. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 13. 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 ____________, 1998, and signed by me in open session in authentication of its passage this _____ day of _________________, 1998.

___________________________________

President of the City Council

Approved by me this _____ day of _________________, 1998.

___________________________________

Paul Schell, Mayor

Filed by me this _____ day of ____________________, 1998.

__________________________________

City Clerk

(SEAL)

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