ORDINANCE _________________

AN ORDINANCE relating to land use and zoning; amending Seattle Municipal Code Sections 23.45.110, 23.46.004, 23.47.001, 23.47.006, 23.47.010, 23.47.028, 23.47.042, 23.48.008, 23.50.014, 23.50.027, 23.53.020, 23.53.030, 23.54.015, 23.66.234, 23.72.008, 23.84.004, 23.84.010, 23.84.012, 23.84.030, 23.84.038, to amend the City's land use regulations relating to eating and drinking establishments.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection B of Section 23.45.110 of the Seattle Municipal Code, which section was last amended by Ordinance 113662, is amended as follows:

23.45.110 Ground-floor business and commercial use in Midrise and Highrise zones.

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B. Permitted Commercial Uses. The following uses shall be permitted as ground-floor commercial uses in Midrise and Highrise zones:

1. Personal and household retail sales and services;

2. Medical services;

3. Restaurants without cocktail lounges;

4. Business support services;

5. Offices; and

6. Food processing and craft work.

C. Ground-floor commercial uses shall meet the following standards:

1. All business, service, repair, processing, storage or merchandise display shall be conducted wholly within an enclosed structure, except for off-street vehicle parking and off-street loading. All goods produced shall be sold at retail on the premises where produced.

2. The maximum gross floor area of any one (1) business enterprise shall be no greater than four thousand (4,000) square feet, except that the maximum gross floor area of a multi-purpose convenience store shall be ten thousand (10,000) square feet.

3. Processes and equipment employed and goods processed or sold shall be limited to those which do not produce noticeable odors, dust, smoke, cinders, gas, noise, vibration, refuse matter or watercarried waste.

4. Parking shall be required as provided in Chapter 23.54.

5. No loading berths shall be required for ground-floor commercial uses. If provided, loading berths shall be located so that access to residential parking is not blocked.

6. Identifying signs shall be permitted according to Chapter 23.55, Signs.

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Section 2. Subsection B of Section 23.46.004 of the Seattle Municipal Code, which section was last amended by Ordinance 112777, is amended as follows:

23.46.004 Uses.

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B. The following commercial uses shall be permitted outright:

1. Personal and household retail sales and services;

2. Medical services;

3. Restaurants without cocktail lounges;

4. Business support services;

5. Offices; and

6. Food processing and craft work.

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Section 3. Chart A of Section 23.47.004 of the Seattle Municipal Code, which section was last amended by Ordinance 120661, is amended as follows:

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COMMERCIAL USES: CHART A For Section 23.47.004

ZONES

NC1 NC2 NC3 C1 C2

I. COMMERCIAL USE

A. Retail Sales and Services

1. Personal and Household Retail Sales and Services

Multi-purpose convenience P P P P P stores

General retail sales and P P P P P service

Major durables sales, service P P P P P and rental

Specialty food stores P P P P P

2. Medical Services P/CU1 P/CU1 P/CU1 P/CU1 P/CU1

3. Animal Services2

Animal health services P P P P P

Kennels X X X X P

Animal shelters X X X X X

Pet grooming services P P P P P

4. Automotive Retail Sales and Services

Gas Stations P P P P P

Sales and rental of motorized X P P P P vehicles

Vehicle repair, minor P P P P P

Vehicle repair, major X P P P P

Car wash X P P P P

Towing services X X X P P

Automotive parts or accessory P P P P P sales

5. Marine Retail Sales and Services

Sales and rental of large boats X P P P P

Vessel repair, minor P P P P P

Vessel repair, major X X X S S

Marine service station P P P P P

Dry storage of boats X P P P P

Recreational marinas S S S S S

Commercial moorage S S S S S

Sale of boat parts or P P P P P accessories

6. Eating and Drinking establishments

Restaurants without P P P P P cocktail lounges

Restaurants with cocktail X P P P P lounges

Fast-food restaurant (750 P P P P P sq. ft. } { and under)

Restaurants with drive-in X X CU P P lanes

Fast-food restaurant (over CU CU CU CU CU } { 750 sq ft.)

TavernDrinking CU CU P P P Establishment

Brewpub CU CU P P P

7. Lodging

Hotel X X P P P

Motel X X P P P

Bed and breakfast P3 P3 P P P

8. Mortuary services X P P P P

9. Existing cemeteries14 P P P P P

* Increases in maximum size limits may be allowed for operating business establishments according to provisions of subsection G.

X Does not apply, use not permitted in zone.

1 Maximum size for all nonresidential uses in NC2/R and NC3/R is described in Section 23.47.010 A2.

2 Fast-food restaurants larger than seven hundred fifty (750) square feet are conditional uses.

2 At the Seattle Center, maximum size limit does not apply.

3 No maximum size limitation for nonresidential uses except office uses in C1 and C2 zones shall be limited to the size of the lot area or thirty-five thousand (35,000) square feet, whichever is greater. Office uses in C1 and C2 zones may be exempt from this limit if the structure meets specified standards for NC zones as listed in Section 23.47.010A3.

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Section 4. Subsection B of Section 23.47.006 of the Seattle Municipal Code which section was last amended by Ordinance 120691, is amended as follows:

23.47.006 Conditional Uses

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B. The following uses, identified as administrative conditional uses on Chart A of Section 23.47.004, may be permitted by the Director when the provisions of this subsection and subsection A are met:

1. Fast food restaurantsRestaurants that which have a gross floor area greater than seven hundred fifty (750) square feet are identified as heavy traffic generators and include drive-in lanes may be permitted in NC3 zones as a conditional use according to the following criteria:

a. The design of the structure, including architectural treatment, signage, landscaping and lighting, is compatible with other structures in the vicinity; 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) Cause significant additional traffic to circulate through adjacent residential neighborhoods, or

(2) Disrupt the pedestrian character of an area by significantly increasing the potential for pedestrian-vehicle conflicts, or

(3) Create traffic or access problems which will require the expenditure of City funds to mitigate, or

(4) Interfere with peak-hour transit operations, by causing auto traffic to cross a designated highoccupancy vehicle lane adjacent to the lot, or

(5) Cause cars waiting to use the facility to queue across the sidewalk or onto the street, or

(6) Interrupt established retail or service frontage designed to serve pedestrians;

d. In addition to the criteria in subsections B1a, B1b and B1c, in pedestrian-designated zones, the use shall not:

(1) Include a drive-in facility, or

(2) Provide any accessory parking, or

(3) Attract a significant number of customers who drive to the pedestrian district for the primary purpose of patronizing the business. This shall be determined by a transportation analysis of travel modes and patterns of customers of similar businesses in the same or similar commercial areas, which shall be prepared by a traffic consultant retained by the applicant;

e.d. Fast-food restaurants which Restaurants that are drive-in businesses shall also comply with the provisions of Section 23.47.028, standards for drive-in businesses.

2. Taverns and brewpubsDrinking establishments in NC1 and NC2 zones may be permitted as conditional uses. A tavern or brewpub drinking establishment in an NC1 or NC2 zone shall be evaluated according to the following criteria:

a. The size of the tavern or brewpub drinking establishment, design of the structure, signing and illumination, shall be compatible with the character of the commercial area and other structures in the vicinity, particularly in areas where a distinct and definite pattern or style has been established.

b. The location, access and design of parking shall be compatible with adjacent residential zones.

c. Special consideration shall be given to the location and design of the doors and windows of taverns and brewpubs drinking establishments to ensure that noise standards will not be exceeded. The Director may require additional setbacks and/or restrict openings on lots which abut residential zones.

d. Taverns and brewpubs Drinking establishments shall not generate traffic which creates traffic congestion or further aggravates spillover parking on residential streets.

3. Park-and-ride lots in NC3, C1 and C2 zones may be permitted as conditional uses.

a. Conditional Use Criteria.

(1) The park-and-ride lot shall have direct vehicular access to a designated arterial improved to City standards.

(2) If the proposed park-and-ride lot is located on a lot containing accessory parking for other uses, there shall be no substantial conflict in the principal operating hours of the parkand-ride lot and the other uses.

b. Mitigating Measures. Landscaping and screening in addition to that required for surface parking areas, noise mitigation, vehicular access controls, signage restrictions, and other measures may be required to provide comfort and safety for pedestrians and bicyclists and to insure the compatibility of the park-and-ride lot with the surrounding area.

4. Single-purpose residential structures may be permitted outright, permitted as an administrative conditional use or prohibited as provided by Section 23.47.004 E. In order to conserve the limited amount of commercially zoned land for commercial uses, single-purpose residential structures shall generally not be allowed in commercial zones. However, additions to, or on-site accessory structures for, existing single-family structures are permitted outright. Where single-purpose residential structures may be permitted as an administrative conditional use, such a permit may be granted only when the following circumstances exist:

a. Due to location or parcel size, the proposed site is not suited for commercial development; or

b. There is substantial excess supply of land available for commercial use near the proposed site, evidenced by such conditions as a lack of commercial activity in existing commercial structures for a sustained period, commercial structures in disrepair, and vacant or underused commercially zoned land; provided that single-purpose residential development shall not interrupt an established commercial street front. As used in this subsection, an "established commercial street front" may be intersected by streets or alleys, and some lots with no current commercial use.

5. Residential Uses in C2 Zones.

a. In order to conserve the limited amount of commercially zoned land for commercial uses, residential uses in single-purpose or mixed-use structures shall generally not be allowed in C2 zones. However, additions to, or on-site accessory structures for, existing single-family structures shall be permitted outright. Residential uses in single-purpose or mixed-use structures may be permitted in C2 zones as administrative conditional uses according to the following criteria:

(1) Availability of Suitable Land for C2 Activities. Residential uses shall generally be discouraged in areas which have limited vacant land and where, due to terrain and large parcel size, land is particularly suitable for commercial rather than residential development.

(2) Relationship to Transportation Systems. Residential uses shall generally be discouraged in areas with direct access to major transportation systems such as freeways, state routes and freight rail lines.

(3) Compatibility With Surrounding Areas. Residential uses shall not be allowed in close proximity to industrial areas and/or in areas where nonresidential uses may create a nuisance or adversely affect the desirability of the area for living purposes.

b. Residential uses required to obtain a shoreline conditional use shall not be required to obtain an administrative conditional use.

6. Development of a medical service use over ten thousand (10,000) square feet, outside but within two thousand five hundred (2,500) feet of a medical Major Institution overlay district boundary, shall be subject to administrative conditional use approval, unless included in an adopted master plan. In making a determination whether to approve or deny a medical service use, the Director shall determine whether an adequate supply of commercially zoned land for businesses serving neighborhood residents will continue to exist. The following factors shall be used in making this determination:

a. Whether the amount of medical service use development existing and proposed in the vicinity would reduce the current viability or significantly impact the longer-term potential of the neighborhood-serving character of the commercial area; and

b. Whether medical service use development would displace existing neighborhood-serving commercial uses at street level or disrupt a continuous commercial street front, particularly of retail and personal services uses, or significantly detract from an area's overall neighborhood-serving commercial character.

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Section 5. Chart B of Section 23.47.010 of the Seattle Municipal Code, which section was last amended by Ordinance 119239, is amended as follows:

CHART B For Section 23.47.010

ZONE

Nonresidential NC1* NC2*1 NC3*1 C1 C2 Uses Subject to Maximum Size Limit

Nonresidential 4,000 sq. 15,000 sq. N.M.S.L. N.M.S.L. N.M.S.L. uses ft. ft. 35,000 35,000 including sq. ft.2 sq. ft.2 institutions and public facilities unless otherwise specified

Medical 10,000 sq. 15,000 sq. N.M.S.L. N.M.S.L. N.M.S.L. services ft. ft.

Multi-purpose 10,000 sq. 50,000 sq. N.M.S.L. N.M.S.L. N.M.S.L. convenience ft. ft. store

Food 4,000 sq. 5,000 sq. 10,000 sq. N.M.S.L. N.M.S.L. processing ft. ft. ft. and craft work

Light X 5,000 sq. 10,000 sq. N.M.S.L. N.M.S.L. manufacturing ft. ft.

Fast-food 750 sq. 750 sq. 750 sq. 750 sq. 750 sq. restaurant2 ft. ft. ft. ft. ft.

Fuel sales 4,000 sq. 8,000 sq. N.M.S.L. N.M.S.L. N.M.S.L. ft. ft.

Sales, X X 25,000 sq. N.M.S.L. N.M.S.L. service and ft. rental of commercial equipment and construction materials Passenger terminals

Indoor 4,000 sq. 15,000 sq. 25,000 sq. N.M.S.L. N.M.S.L. participant ft. ft. ft.3 sports and recreation

General X X X 15,000 sq. N.M.S.L. manufacturing ft.

Wholesale X X 15,000 sq. 25,000 sq. N.M.S.L. showroom ft. ft. warehouse

Mini-warehouse X X 15,000 sq. 40,000 sq. N.M.S.L. s ft. ft.

Public N.M.S.L. N.M.S.L. N.M.S.L. N.M.S.L. N.M.S.L. schools

N.M.S.L. No Maximum Size Limitations. * Increases in maximum size limits may be allowed for operating business establishments according to provisions of subsection G. X Does not apply, use not permitted in zone. 1 Maximum size for all nonresidential uses in NC2/R and NC3/R is described in Section 23.47.010 A2. ((2 Fast-food restaurants larger than seven hundred fifty (750) square feet are conditional uses.)) 2 At the Seattle Center, maximum size limit does not apply. 3 No maximum size limitation for nonresidential uses except office uses in C1 and C2 zones shall be limited to the size of the lot area or thirty-five thousand (35,000) square feet, whichever is greater. Office uses in C1 and C2 zones may be exempt from this limit if the structure meets specified standards for NC zones as listed in Section 23.47.010A3.

Section 6. Subsection A of Section 23.47.028 of the Seattle Municipal Code, which section was last amended by Ordinance 120611, is amended as follows:

23.47.028 Standards for drive-in businesses.

A. Number of Drive-in Lanes Permitted.

1. Zones Designated NC2/R and NC3/R. Drive-in businesses are prohibited in zones designated NC2/R and NC3/R.

2. NC1 Zones. Gas stations shall be limited to a maximum of four (4) drive-in lanes. Other drive-in businesses are prohibited.

3. NC2 Zones. Restaurants with drive-in lanes are prohibited. All other drive-in businesses in NC2 zones shall be limited to a maximum of two (2) drive-in lanes, except gas stations which shall be allowed a maximum of four (4) drive-in lanes.

4. NC3 Zones. All drive-in businesses in NC3 zones shall be limited to a maximum of four (4) drive-in lanes, except gas stations which shall have no restrictions on the number of drive-in lanes. Restaurants with drive-in lanes are subject to conditional use approval pursuant to Section 23.47.006.

5. C1 and C2 Zones. There shall be no restriction on the number of drive-in lanes in C1 and C2 zones.

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Section 7. Section 23.47.042 of the Seattle Municipal Code, which section was last amended by Ordinance 120609, is amended as follows:

23.47.042 Uses in Pedestrian-designated zones.

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B. Fast-food restaurants up to twenty-five hundred (2,500) square feet in size which provide indoor dining areas and do not provide off-street parking shall be permitted outright. All other heavy traffic generators may be permitted as a conditional use, subject to the provisions of Section 23.47.006.

CB. Drive-in businesses, including gas stations, are prohibited in pedestrian-designated zones.

DC. Street-level Uses Required.

1. Street-level uses shall be required along the principal pedestrian street front, except as provided in subsection D4, and shall be limited to the following retail sales and service and office uses if permitted in the underlying commercial zone:

a. Personal and household retail sales and service uses;

b. Eating and drinking establishments;

c. Customer service offices;

d. Entertainment uses;

e. Pet grooming services;

f. Public library.

2. A minimum of eighty (80) percent of each street frontage to which street-level use requirements apply shall be occupied by uses listed in subsection D1. The remaining twenty (20) percent of the street frontage may contain other permitted uses and/or pedestrian entrances (Exhibit 23.47.042 A).

3. Required street-level uses shall be set back no more than ten (10) feet from the street property line and shall occupy at least the first ten (10) feet above sidewalk grade.

4. Street-level use requirements shall not apply to public school development along principal pedestrian streets.

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Section 8. Subsection B of Section 23.48.008 of the Seattle Municipal Code, which section was last amended by Ordinance 118302, is amended as follows:

23.48.008 Conditional uses.

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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 miniwarehouses 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 pedestrianvehicle 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 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.

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Section 9. Subsection B of Section 23.50.014 of the Seattle Municipal Code, which Sectionsection was last amended by Ordinance 120117, is amended as follows:

23.50.014 Conditional Uses

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B. Administrative Conditional Uses. The following uses, identified as administrative conditional uses in Chart A, may be permitted by the Director when the provisions of this subsection and subsection A of this section are met.

1. Artist's studio/dwellings in an existing structure may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones, except as provided in the Shoreline District, Chapter 23.60, upon showing that the occupant is a bona fide working artist, and subject to the following criteria:

a. Artist's studio/dwellings shall generally be discouraged along arterials such as freeways, state routes and freight lines;

b. Artist's studio/dwellings shall not be allowed in areas where existing industrial uses may cause environmental or safety problems;

c. Artist's studio/dwellings shall not be located where they may restrict or disrupt industrial activity;

d. The nature of the artist's work shall be such that there is a genuine need for the space; and

e. The owner(s) of a building seeking a conditional use for artist's studio/dwellings must sign and record a covenant and equitable servitude, on a form acceptable to the Director, that acknowledges that the owner(s) and occupants of the building accept the industrial character of the neighborhood and agree that existing or permitted industrial uses do not constitute a nuisance or other inappropriate or unlawful use of land. Such covenant and equitable servitude must state that it is binding on the owner(s)' successors, heirs, and assigns, including any lessees of the artist's studio/dwellings.

2. Park-and-pool lots in IG1 and IG2 zones in the Duwamish Manufacturing/Industrial Center, and park-and-ride lots in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones may be permitted as a conditional use according to the following criteria:

a. The lot shall not create conflict with industrial activity by causing significant additional traffic to circulate through the area;

b. The lot has direct vehicular access to a designated arterial improved to City standards;

c. The lot shall be located on an existing parking area unless no reasonable alternative exists;

d. If the proposed lot is located on a lot containing accessory parking for other uses, there shall be no substantial conflict in the principal operating hours of the lot and the other uses; and

e. The lot is not located within three thousand (3,000) feet of downtown.

3. Except in the Duwamish Manufacturing/Industrial Center, lodging uses may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones according to the following criteria:

a. The use is designed primarily to serve users in the industrial area; and

b. The use is designed and located to minimize conflicts with industrial uses in the area.

4. A residential use not otherwise permitted in the zone may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones within a structure designated as a Landmark, pursuant to the Seattle Municipal Code, Chapter 25.12, Landmarks Preservation, or within a structure in a Landmark District, pursuant to the Seattle Municipal Code, Chapters 25.16, Ballard Avenue Landmark District, or Chapter 25.28, Pioneer Square Historical District, subject to the following criteria:

a. The use shall be compatible with the historic or landmark character of the structure. The Director shall request a determination regarding compatibility by the respective Board having jurisdiction over the structure or lot;

b. The residential use shall not restrict or disrupt industrial activity in the zone; and

c. The surrounding uses would not be detrimental to occupants of the Landmark structure.

5. High Impact 1 uses may be permitted as a conditional use in General Industrial 1 (IG1), and General Industrial 2 (IG2) zones, according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation and other factors may be required.

6. A new railroad switchyard with a mechanized hump, or the expansion of such a use beyond the lot occupied at the date of adoption of the ordinance codified in this section(Note 1) may be permitted as a conditional use in General Industrial 1 (IG1) and General Industrial 2 (IG2) zones, according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. Measures to minimize the impacts of noise, light and glare, and other measures to insure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

7. Solid waste transfer stations may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2) and Industrial Commercial (IC) zones according to the following criteria:

a. Measures to minimize potential odor emissions and airborne pollutants shall be determined in consultation with the Puget Sound Air Pollution Control Agency (PSAPCA). These measures shall be incorporated into the design and operation of the facility;

b. Measures to maximize control of rodents, birds and other vectors shall be determined in consultation with the Seattle/King County Department of Public Health. These measures shall be incorporated into the design and operation of the facility;

c. A transportation plan may be required. The Director shall determine the level of detail to be disclosed in the plan such as estimated trip generation, access routes and surrounding area traffic counts, based on the probable impacts and/or scale of the proposed facility; and

d. Measures to minimize other impacts are incorporated into the design and operation of the facility.

8. Heavy Manufacturing uses may be permitted in the Industrial Buffer (IB) zone as a conditional use according to the following criteria:

a. The use shall be located within an enclosed building except for shipbuilding;

b. The hours of operation for all processes creating any adverse impacts on residentially or commercially zoned land may be limited;

c. Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones;

d. The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use; and

e. The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones.

9. The Heavy Manufacturing uses listed in subsection B9a of this section may be permitted in the Industrial Commercial (IC) zone as a conditional use according to criteria contained in subsection B9b.

a. Uses.

(1) Mass production of commercial or recreational vessels of any size and the production of vessels up to one hundred and twenty (120) feet in length, constructed to individual specifications; and

(2) Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating; and

(3) Production of industrial organic and inorganic chemicals, and soaps and detergents.

b. Criteria.

(1) Except for shipbuilding, the use shall be located within an enclosed building;

(2) The hours of operation for all processes creating any impacts on residentially or commercially zoned land may be limited;

(3) Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones;

(4) The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use;

(5) The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones;

(6) The finished product as packaged for sale or distribution shall be in such a form that product handling and shipment does not constitute a significant public health risk; and

(7) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety.

10. The High Impact uses listed in subsection B10a of this section may be permitted as conditional uses in the Industrial Commercial (IC) zone according to the criteria contained in subsection B10b of this section.

a. Uses.

(1) The manufacture of Group A hazardous materials, except Class A or B explosives; and

(2) The manufacture of Group B hazardous materials, when the hazardous materials are present in quantities greater than two thousand five hundred (2,500) pounds of solids, two hundred seventyfive (275) gallons of liquids, or one thousand (1,000) cubic feet of gas at any time.

b. Criteria.

(1) The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

(2) A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation and other factors may be required;

(3) The finished product as packaged for sale or distribution shall be in such a form that product handling and shipment does not constitute a significant public health risk; and

(4) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety.

11. Fast-food restaurants that have a gross floor area greater than seven hundred fifty (750) square feet are identified as heavy traffic generators and, where not permitted outright, may be permitted as a conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones according to the following criteria:

a. The Director may require that the applicant prepare an analysis of traffic, circulation, and parking impacts and demonstrate that the use will not:

(1) Cause significant additional traffic to circulate through nearby residential neighborhoods,

(2) Disrupt the pedestrian flow of an area by significantly increasing the potential for pedestrian-vehicle conflicts,

(3) Create traffic or access problems which may require the expenditure of City funds to mitigate,

(4) Interfere with peak-hour transit operations by causing auto traffic to cross a designated high-occupancy vehicle lane adjacent to the lot, or

(5) Cause cars waiting to use the facility to queue across the sidewalk or onto the street;

b. Appropriate litter-control measures are provided.

11. Transit vehicle bases may be permitted as a conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones according to the following criteria:

a. The amount of industrial land occupied by the facility shall be minimized. To avoid disruption of the industrial function of the area, the presence of the facility shall not obstruct the operation or likely expansion of existing industrial uses;

b. The location of the facility shall not result in significant displacement of viable industrial uses or support activities;

c. The amount of land occupied by the facility that has access to industrial shorelines or major rail facilities shall be

minimized; and

d. A transportation plan may be required to prevent conflicts with nearby industrial uses. The Director shall determine the level of detail to be disclosed in the plan based on the probable impacts and/or scale of the proposed facility.

12. Development of a medical service use over ten thousand (10,000) square feet, outside but within two thousand five hundred (2,500) feet of a medical Major Institution overlay district boundary, shall be subject to administrative conditional use approval, unless included in an adopted master plan. In making a determination whether to approve or deny medical service use, the Director shall determine whether an adequate supply of industrially zoned land will continue to exist. The following factors shall be used in making this determination:

a. Whether the amount of medical service use development existing and proposed in the vicinity would reduce the current viability or significantly impact the longer-term potential of the manufacturing or heavy commercial character of the industrial area; and

b. Whether medical service use development would displace existing manufacturing or heavy commercial uses or usurp vacant land, in areas with parcels particularly suited for manufacturing or heavy commercial uses.

13. A nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone based on the following factors:

a. New uses shall be limited to those first permitted in the next more intensive zone;

b. The Director shall evaluate the relative impacts of size, parking, traffic, light, glare, noise, odor and similar impacts of the two (2) uses, and how these impacts could be mitigated;

c. The Director must find that the new nonconforming use is no more detrimental to property in the zone and vicinity than the existing nonconforming use.

14. An accessory hospital facility may be permitted as a conditional use according to the following criteria:

a. The hospital facility is an integral element of a research and development laboratory or an institute for advanced study to which it is accessory; and

b. The hospital use shall not be allowed in areas where industrial activity may adversely affect hospital activity.

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Section 10. Chart B of Section 23.50.027 of the Seattle Municipal Code, which section was last amended by Ordinance 120155, is amended as follows:

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CHART B

GENERAL INDUSTRIAL ZONES WITHIN DUWAMISH M/I CENTER

Categories of Uses Subject to Size of Use Limits IG1 IG2

Office uses 50,000 sq. ft. 100,000 sq. ft.

Retail sales and service (except for restaurants and drinking establishments 25,000 sq. ft. 50,000 sq. ft. , fast-food restaurants over 750 sq. ft. taverns and brew pubs)

Restaurants and fast-food restaurants 5,000 sq. ft. 5,000 sq. ft. over 750 sq. ft.))

Taverns and brew 3,000 sq. ft. 3,000 sq. ft. pubs* }Drinking establishments

Meeting halls N.M.S.L. 5.000 sq. ft.

N.M.S.L. = No Maximum Size Limits

* The maximum size limit for brew pubs applies to that portion of the pub that is not used for brewing purposes.

Section 11. Subsection D of Section 23.53.015 of the Seattle Municipal Code, which section was last amended by Ordinance 119239, is amended as follows:

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

***

D. Exceptions.

1. Streets With Existing Curbs.

a. Streets With Right-of-Way Greater Than or Equal to the Minimum Width. When a street with existing curbs abuts a lot and the existing right-of-way is greater than or equal to the minimum width established in subsection A6 of this section, but the roadway width is less than the minimum established in the Street Improvement Manual, the following requirements shall be met:

(1) All structures on the lot shall be designed to accommodate the grade of the future street improvements.

(2) A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

(3) If there is no sidewalk, a sidewalk shall be constructed in the portion of the right-of-way abutting the lot, except when the following types of projects are proposed:

i. Remodeling and use changes within existing structures; and

ii. Additions to existing structures which are exempt from environmental review.

b. Streets With Less than the Minimum Right-of-Way Width. When a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection A5 of this section, the following requirements shall be met:

(1) Setback Requirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section shall be required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. In all residential zones except Highrise zones, an additional three (3) foot setback shall also be required. The area of the setback may be used to meet any development standards, except that required parking may not be located in the setback. Underground structures which would not prevent the future widening and improvement of the right-of-way may be permitted in the required setback by the Director of Construction and Land Use after consulting with the Director of Transportation.

(2) Grading Requirement. When a setback is required, all structures on the lot shall be designed to accommodate the grade of the future street according to the Street Improvement Manual.

(3) No-protest Agreement Requirement. A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

2. Projects With Reduced Improvement Requirements.

a. One (1) or Two (2) Dwelling Units. When one (1) or two (2) dwelling units are proposed to be constructed, or one (1) or two (2) Single Family zoned lots are proposed to be created, the following requirements shall be met:

(1) If there is no existing hard-surfaced roadway, a crushed-rock roadway at least sixteen (16) feet in width shall be required, according to the Street Improvement Manual.

(2) All structures on the lot(s) shall be designed to accommodate the grade of the future street improvements.

(3) A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

b. Other Projects With Reduced Requirements. The types of projects listed in this subsection D2b are exempt from right-of-way dedication requirements and are subject to the street improvement requirements of this subsection:

(1) Types of Projects.

i. Proposed developments which contain fewer than ten (10) units in SF, LDT and L1 zones, and six (6) residential units in all other zones;

ii. The following uses when they are smaller than seven hundred fifty (750) square feet of gross floor area: fast-food restaurants, major and minor vehicle repair uses, and multipurpose convenience stores;

iii. Nonresidential structures which have less than four thousand (4,000) square feet of gross floor area and which do not contain uses listed in subsection D2b(1)ii which are larger than seven hundred fifty (750) square feet;

iv. Structures containing a mix of residential and nonresidential uses, if there are fewer than ten (10) units in SF, LDT and L1 zones, or fewer than six (6) residential units in all other zones, and the square footage of nonresidential use is less than specified in subsections D2b(1)ii and D2b(1)iii;

v. Remodeling and use changes within existing structures;

vi. Additions to existing structures which are exempt from environmental review; and

vii. Expansions of a surface parking area or open storage area of less than twenty (20) percent of parking area or storage area or number of parking spaces.

(2) Paving Requirement. For the types of projects listed in subsection D2b(1), the streets abutting the lot shall have a hardsurfaced roadway at least eighteen (18) feet wide. If there is not an eighteen (18) foot wide hard-surfaced roadway, the roadway shall be paved to a width of at least twenty (20) feet from the lot to the nearest hard-surfaced street meeting this requirement, or one hundred (100) feet, whichever is less. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Street Improvement Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

(3) Other Requirements. The setback, grading and no-protest agreement requirements of subsection D1b shall also be met.

3. Exceptions from Required Street Improvements. The Director may waive or modify the requirements for paving and drainage, dedication, setbacks, grading, no-protest agreements, landscaping and curb and sidewalk installation when it is determined that one (1) or more of the following conditions are met:

a. Location in an environmentally critical area, disruption of existing drainage patterns, or removal of natural features such as significant trees makes widening and/or improving the right-of-way impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes widening the right-of-way impractical or undesirable.

c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for green street, boulevards, or other special rights-of-way, or would otherwise conflict with the stated goals of such a plan.

d. Widening and/or improving the right-of-way would eliminate street access to an existing lot.

e. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.

f. One (1) or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely.

g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example due to an inability to meet the required twenty (20) percent maximum driveway slope.

h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential pedestrian and vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.

Section 12. Subsection E of Section 23.53.020 of the Seattle Municipal Code, which section was last amended by Ordinance 120611, is amended as follows:

23.53.020 Improvement Requirements for Existing Streets in Industrial Zones

***

E. Exceptions.

1. Streets With Existing Curbs.

a. Streets With Right-of-Way Greater Than or Equal to the Minimum Right-of-Way Width. When a street with existing curbs abuts a lot and the existing right-of-way is greater than or equal to the minimum width established in subsections B or D of this section, and the existing right-of-way is greater than or equal to the minimum width established in subsection A of this section, but the roadway width is less than the minimum established in the Street Improvement Manual, the following requirements shall be met:

(1) All structures on the lot shall be designed to accommodate the grade of the future street improvements.

(2) A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the title to the property with the King County Department of Records and Elections.

(3) If there is no sidewalk, a sidewalk shall be constructed, except when the following projects are proposed:

i. Remodeling and use changes within existing structures;

ii. Additions to existing structures which are exempt from environmental review.

b. Streets With Less Than the Minimum Right-of-Way Width. When a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection A6 of this section, the following requirements shall be met:

(1) Setback Requirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section shall be required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. The area of the setback may be used to meet any development standard, except that required parking may not be located in the setback. Underground structures which would not prevent the future widening and improvements of the right-of-way may be permitted in the required setback by the Director after consulting with the Director of Transportation.

(2) Grading Requirement. When a setback is required, all structures on the lot shall be designed to accommodate the grade of the future street, according to the Street Improvement Manual.

(3) A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the title with the King County Department of Records and Elections.

2. Projects With Reduced Improvement Requirements. The following types of projects are exempt from all dedication and improvement requirements of subsections B, C and D of this section, but shall meet the setback, grading and no-protest requirements of subsection E1b if the street right-of-way abutting the lot has less than the minimum right-of-way width established in subsection A of this section or does not meet the grade of future street improvements.

a. Structures with fewer than ten (10) artist's studio dwellings;

b. The following uses when they are smaller than seven hundred fifty (750) square feet of gross floor area: fast-food restaurants; major and minor vehicle repair uses; and multipurpose convenience stores;

c. Nonresidential structures which have less than four thousand (4,000) square feet of gross floor area and which do not contain uses listed in subsection E2b of this section which are larger than seven hundred fifty (750) square feet;

d. Structures containing a mix of artist's studio dwellings and nonresidential uses, if there are fewer than ten (10) artist's studio dwellings, and the square footage of nonresidential use is less than specified in subsections E2b and E2c of this section;

e. Remodeling and use changes within existing structures;

f. Additions to existing structures which are exempt from environmental review; and

g. Expansions of a surface parking area or open storage area of less than twenty (20) percent of parking area or storage area or number of parking spaces.

3. Exceptions From Required Street Improvements. The Director may waive or modify the requirements for paving, dedication, setbacks, grading, no-protest agreements, landscaping and pedestrian walkway installation when it is determined that one (1) or more of the following conditions are met:

a. Location in an environmentally critical area, disruption of existing drainage patterns, or removal of natural features such as significant trees makes widening and/or improving the right-of-way impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes widening the right-of-way impractical or undesirable.

c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for Green Streets, boulevards, or other special right-of-way, or would otherwise conflict with the stated goals of such a plan.

d. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.

e. Widening and/or improving the right-of-way would eliminate street access to an existing lot.

f. One (1) or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely.

g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example due to an inability to meet the required twenty (20) percent maximum driveway slope.

h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential pedestrian and vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.

Section 13. Subsection E of Section 23.53.030 of the Seattle Municipal Code, which section was last amended by Ordinance 118414, is amended as follows:

23.53.030 Alley improvements in all zones.

***

E. Existing Alleys Which Meet the Minimum Width. Except as provided in subsection G of this section and except for one (1) and two (2) dwelling unit developments that abut an alley that is not improved but is in common usage, when an existing alley meets the minimum right-of-way width established in subsection D of this section, the following requirements shall be met:

1. When the alley is used for access to parking spaces, open storage, or loading berths on a lot, the following improvements shall be provided:

a. For the following types of projects, the entire width of the portion of the alley abutting the lot, and the portion of the alley between the lot and a connecting street, shall be improved to at least the equivalent of a crushed rock surface, according to the Street Improvement Manual. The applicant may choose the street to which the improvements will be installed. If the alley does not extend from street to street, and the connecting street is an arterial designated on Exhibit 23.53.015 A , either the remainder of the alley shall be improved so that it is passable to a passenger vehicle, or a turnaround shall be provided. The turnaround may be provided by easement.

(1) Residential structures with fewer than ten (10) units;

(2) The following uses when they are smaller than seven hundred fifty (750) square feet of gross floor area: fast-food restaurants, major and minor vehicle repair uses, and multipurpose convenience stores;

(3) Nonresidential structures which have less than four thousand (4,000) square feet of gross floor area and which do not contain uses listed in subsection E1a(2) which are larger than seven hundred fifty (750) square feet;

(4) Structures containing a mix of residential and nonresidential uses, if the residential use is less than ten (10) units, and the square footage of nonresidential uses is less than specified in subsections E1a(2) and E1a(3);

(5) Remodeling and use changes within existing structures;

(6) Additions to existing structures which are exempt from environmental review; and

(7) Expansions of a surface parking area or open storage area of less than twenty (20) percent of parking area or storage area or number of parking spaces.

b. For projects not listed in subsection E1a, the entire width of the portion of the alley abutting the lot, and the portion of the alley between the lot and a connecting street, shall be paved. The applicant may choose the street to which the pavement will be installed. If the alley does not extend from street to street, and the connecting street is an arterial designated on Exhibit 23.53.015 A, either the remainder of the alley shall be improved so that it is passable to a passenger vehicle, or a turnaround shall be provided. The turnaround may be provided by easement.

2. When the alley is not used for access, if the alley is not fully improved, all structures shall be designed to accommodate the grade of the future alley improvements, and a no-protest agreement to future alley improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

***

Section 14. Subsections E and I and Chart A of Section 23.54.015 of the Seattle Municipal Code, which section was last amended by Ordinance 120953, are amended as follows:

23.54.015 Required parking.

***

E. In all zones, no parking shall be required for the first twentyfive hundred (2,500) square feet of gross floor area of nonresidential uses in a structure. This waiver shall not apply to structures or portions of structures occupied by fast-food restaurants, restaurants with drive-in lanes, motion picture theaters, administrative offices or institutional uses, including Major Institution uses. When two (2) or more uses, with different parking ratios occupy a structure, the twenty-five (2,500) square foot waiver shall be prorated based on the area occupied by the nonresidential uses for which the parking waiver is permitted.

***

I. Bicycle Parking.

1. In L2, L3, L4, 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

1

11-20

2

More than 20

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 (5) percent of the number of required vehicle spaces. All bicycle spaces should be sheltered from the weather, visible from the institution, and conveniently located.

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

a. The number of required bicycle parking spaces shall be ten (10) percent 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 (800) feet of the lot. Bicycle parking accessory to residential uses shall be located onsite. 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.

***

Chart A for Section 23.54.015 PARKING

Use Parking Requirements

Adult care center1 1 space for each 10 adults (clients) or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 adults (clients)

Adult family home 1 space for each dwelling unit

Adult motion picture theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Adult panoram 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Airport, land-based (waiting 1 space for each 100 square feet area)

Airport, water-based (waiting 1 space for each 100 square feet area)

Animal services 1 space for each 350 square feet

Animal husbandry (retail area 1 space for each 350 square feet only)

Aquaculture (retail area only) 1 space for each 350 square feet

Artist's studio/dwelling 1 space for each dwelling unit

Assisted living facility2 1 space for each 4 assisted living units plus 1 space for each 2 staff members on-site at peak staffing time; plus 1 barrier-free passenger loading and unloading space; plus loading berth requirements per Section 23.54.035

Automotive parts or accessory 1 space for each 350 square feet sales

Ball courts 1 space per court

Bed and breakfast 1 space for each dwelling, plus 1 space for each 2 guest rooms or suites

Bowling alley 5 spaces for each lane

Brewpub 1 space for each 200 square feet

Business support services 1 space for each 2,000 square feet

Business incubators 1 space for each 1,000 square feet

Carwash 1 space for each 2,000 square feet

Caretaker's quarters 1 space for each dwelling unit

Cargo terminal 1 space for each 2,000 square feet

Cemetery None

Child care center1,9 1 space for each 10 children or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 children

Colleges A number of spaces equal 15 percent of the maximum number of students present at peak hour; plus 30 percent of the number of employees present at peak hour; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities

Commercial laundries 1 space for each 2,000 square feet

Commercial moorage 1 space for each 140 lineal feet of moorage

Communication utilities 1 space for each 2,000 square feet

Community centers1,2 and 1 space for each 80 square feet of floor Community clubs1,2 area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

Community centers owned and 1 space for each 555 square feet operated by the Seattle Department of Parks and Recreation (DOPAR)1,2,3

Congregate residences 1 space for each 4 residents

Construction services 1 space for each 2,000 square feet.

Custom and craft work 1 space for each 1,000 square feet

Dance halls (dance floor and 1 space for each 100 square feet table area)

Drinking establishment 1 space for each 200 square feet.

Dry storage of boats 1 space for each 2,000 square feet

Family support centers located 1 space for each 100 square feet in community centers owned and operated by the Seattle DOPAR3

Floating homes 1 space for each dwelling unit

Food processing for human 1 space for each 1,000 square feet consumption

Gas station 1 space for each 2,000 square feet

General retail sales and 1 space for each 350 square feet services

Ground-floor businesses in None, maximum of 10 spaces multifamily zones

Heavy commercial services 1 space for each 2,000 square feet

Heliports (waiting area) 1 space for each 100 square feet

High-impact uses 1 space for each 1,500 square feet or as determined by the Director

Horticultural uses (retail 1 space for each 350 square feet area only)

Hospitals1 1 space for each 2 staff doctors; plus 1 additional space for each 5 employees; plus 1 space for each 6 beds

Hotels 1 space for each 4 sleeping rooms or suites

Institute for advanced study1 1 space for each 1,000 square feet of administrative offices and similar spaces; plus 1 space for each 10 fixed seats in all auditoria and public assembly rooms; or 1 space for each 100 square feet of public assembly area not containing fixed seats

Institutes for advanced study 3.5 spaces for each 1,000 square feet of in single-family zones office space; plus (existing) 10 spaces for each 1,000 square feet of additional building footprint to house and support conference center activities; or 37 spaces for each 1,000 square feet of actual conference rooms to be constructed, whichever is greater

Kennel 1 space for each 2,000 square feet

Lecture and meeting hall 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Library10 1 space for each 80 square feet of floor area of all auditoria and public meeting rooms; plus 1 space for each 500 square feet of floor area, excluding auditoria and public meeting rooms

Major durables, sales, 1 space for each 2,000 square feet service, and rental

Manufacturing, general 1 space for each 1,500 square feet

Manufacturing, heavy 1 space for each 1,500 square feet

Manufacturing, light 1 space for each 1,500 square feet

Marine service station 1 space for each 2,000 square feet

Medical services 1 space for each 350 square feet

Miniature golf 1 space for each 2 holes

Mini-warehouse 1 space for each 30 storage units

Mobile home park 1 space for each mobile home

Mortuary services 1 space for each 350 square feet

Motels 1 space for each sleeping room or suite

Motion picture studio 1 space for each 1,500 square feet

Motion picture theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Multifamily uses, 4 Development sites containing 2-10 except as otherwise provided dwelling units: below13 1.1 spaces for each dwelling unit Development sites containing 11-30 dwelling units: 1.15 spaces for each dwelling unit Development sites containing 31-60 dwelling units: 1.2 spaces for each dwelling unit Development sites containing more than 60 dwelling units: 1.25 spaces for each dwelling unit In addition, for all multifamily uses whose average gross floor area per dwelling unit, excluding decks and all portions of a structure shared by multiple dwelling units, exceeds 500 square feet, an additional .0002 spaces per square foot in excess of 500 shall be required up to a maximum additional .15 spaces per dwelling unit; and When at least 50 percent of the dwelling units in a multifamily use have 3 bedrooms, an additional .25 spaces per bedroom for each unit with 3 bedrooms shall be required; and Any multifamily use that contains a dwelling unit with 4 or more bedrooms shall be required to provide an additional .25 spaces per bedroom for each unit with 4 or more bedrooms5

Multifamily uses containing 1.5 spaces per unit with 2 or more dwelling units with 2 or more bedrooms. The requirement for units with bedrooms, when within the area 3 or more bedrooms contained above shall impacted by the University of also apply. All other requirements for Washington as shown on Map A units with fewer than 2 bedrooms shall following this section, unless be as contained above5 another provision below allows fewer parking spaces

Multifamily uses, when within 1.5 spaces for each dwelling unit the Alki area as shown on Map B following this section, unless another provision below allows fewer parking spaces

Multifamily uses, for 1 space for each dwelling unit development sites that contain a total of 10 or fewer dwelling units, all in ground-related structures

Multifamily uses, when located 0.33 space for each dwelling unit with 2 in Center City or fewer bedrooms, and 0.5 space for neighborhoods12, for each each dwelling unit with 3 or more dwelling unit rented to and bedrooms occupied by a household with an income at time of its initial occupancy at or below 30 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) 14, for the life of the building

Multifamily uses, when located 0.5 space for each dwelling unit with 2 in Center City or fewer bedrooms, and 1 space for each neighborhoods12, for each dwelling unit with 3 or more bedrooms dwelling unit rented to and occupied by a household with an income at time of its initial occupancy of between 30 and 50 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses, when located 0.33 space for each dwelling unit with 2 outside of Center City or fewer bedrooms, and 1 space for each neighborhoods12, for each dwelling unit with 3 or more bedrooms dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 30 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses, when located 0.75 spaces for each dwelling unit outside of Center City neighborhoods12, for each dwelling unit with 2 or fewer bedrooms rented to and occupied by a household with an income at time of its initial occupancy of between 30 and 50 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses occupied by 1 space for each 6 dwelling units low-income elderly households

Multifamily uses occupied by 1 space for each 4 dwelling units low-income disabled households

Multifamily uses occupied by 1 space for each 5 dwelling units low-income elderly/low-income disabled households

Multifamily uses, when within 1 space for each dwelling unit the Seattle Cascade Mixed zone or the Pike/Pine Overlay District

Multifamily uses, when within 1 space for every 2 dwelling units the Pike/Pine Overlay District, for each dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 60 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD, at rent not exceeding 30 percent of 60 percent of median family income, adjusted for household size, for the life of the building

Multipurpose convenience store 1 space for each 350 square feet

Museum1 1 space for each 80 square feet of all auditoria and public assembly rooms, not containing fixed seats; or 1 space for every 10 fixed seats for floor area containing fixed seats; plus 1 space for each 250 square feet of other gross floor area open to the public

Nonhousehold sales and 1 space for each 2,000 square feet services, except sales, service and rental of office equipment

Nursing homes6 1 space for each 2 staff doctors; plus 1 additional space for each 3 employees; plus 1 space for each 6 beds

Office, administrative 1 space for each 1,000 square feet

Office, customer service 1 space for each 350 square feet

Outdoor storage 1 space for each 2,000 square feet

Parks None

Participant sports and 1 space for each 350 square feet recreation, indoor or outdoor, unless otherwise specified

Passenger terminals (waiting 1 space for each 100 square feet area)

Performing arts theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Personal transportation 1 space for each 2,000 square feet services

Playgrounds None

Power plants 1 space for each 2,000 square feet

Private club1 1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

Railroad rights-of-way None

Railroad switchyard with or 1 space for each 2,000 square feet without mechanized hump

Recreational marinas 1 space for each 75 lineal feet of moorage

Recycling center 1 space for each 2,000 square feet

Recycling collection station None

Religious facility1 1 space for each 80 square feet of all auditoria and public assembly rooms

Research and development 1 space for each 1,000 square feet laboratory

Restaurant 1 space for each 200 square feet

Restaurant, fast-food 1 space for each 100 square feet

Sale and rental of large boats 1 space for each 2,000 square feet

Sale and rental of motorized 1 space for each 2,000 square feet vehicles

Sale of boat parts and 1 space for each 350 square feet accessories

Sale of heating fuel 1 space for each 2,000 square feet

Sales, service and rental of 1 space for each 2,000 square feet commercial equipment

Sales, service and rental of 1 space for each 350 square feet office equipment

Salvage yard 1 space for each 2,000 square feet

School, private elementary and 1 space for each 80 square feet of all secondary1,2 auditoria and public assembly rooms, or if no auditorium or assembly room, 1 space for each staff member

School, public elementary and 1 space for each 80 square feet of all secondary 1,2,7 auditoria or public assembly rooms, or 1 space for every 8 fixed seats in auditoria or public assembly rooms, containing fixed seats, for new public schools on a new or existing public school site

Sewage treatment plant 1 space for each 2,000 square feet

Single-family dwelling units 1 space for each dwelling unit

Skating rink (rink area) 1 space for each 100 square feet

Solid waste transfer station 1 space for each 2,000 square feet

Specialty food stores 1 space for each 350 square feet

Spectator sports facility11 1 space for each 10 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Sport range 1 space for each 2 stations

Swimming pool (water area) 1 space for each 150 square feet

Taverns 1 space for each 200 square feet

Transit vehicle base 1 space for each 2,000 square feet

Universities8 A number of spaces equal to 15 percent of the maximum number of students present at peak hour; plus 30 percent of the number of employees present at peak hour; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities

Utility service uses 1 space for each 2,000 square feet

Vehicle and vessel repair 1 space for each 2,000 square feet

Vocational or fine arts school 1 space for each 2 faculty plus full-time employees; plus 1 space for each 5 students (based on the maximum number of students in attendance at any one time)

Warehouse 1 space for each 1,500 square feet

Wholesale showroom 1 space for each 1,500 square feet

Work-release centers 1 space for each 2 full-time staff members; plus 1 space for each 5 residents; plus 1 space for each vehicle operated in connection with the work-release center

1 When permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122. The Director, in consultation with the Director of the Seattle Department of Transportation, may allow adult care and childcare centers locating in existing structures to provide loading and unloading spaces on-street when no other alternative exists.

2 Indoor gymnasiums shall not be considered ball courts, nor shall they be considered auditoria or public assembly rooms unless they contain bleachers (fixed seats). If the gymnasium contains bleachers, the parking requirement for the entire gymnasium shall be one (1) parking space for every eight (8) fixed seats. Each twenty (20) inches of width of bleachers shall be counted as one (1) fixed seat for the purposes of determining parking requirements. If the gymnasium does not contain bleachers and is in a school, there is no parking requirement for the gymnasium. If the gymnasium does not contain bleachers and is in a community center, the parking requirement shall be one (1) space for each three hundred fifty (350) square feet. If the gymnasium does not contain bleachers and is in a community center owned and operated by the Department of Parks and Recreation (DOPAR), the parking requirement shall be one (1) space for each five hundred fifty-five (555) square feet.

3 When family support centers are located within community centers owned and operated by DOPAR, the Director may lower the combined parking requirement by up to a maximum of fifteen (15) percent, pursuant to Section 23.54.020 I.

4 Parking spaces required for multifamily uses may be provided as tandem spaces according to subsection B of Section 23.54.020.

5Bedroom-Any habitable room as defined by the Building Code that, in the determination of the Director, is capable of being used as a bedroom.

6When specified in single-family zones, Section 23.44.015, the Director may waive some or all of the parking requirements.

7For public schools, when an auditorium or other place of assembly is demolished and a new one built in its place, parking requirements shall be determined based on the new construction. When an existing public school on an existing public school site is remodeled, additional parking is required if any auditorium or other place of assembly is expanded or additional fixed seats are added. Additional parking is required as shown on Chart A for the increase in floor area or increase in number of seats only. If the parking requirement for the increased area or seating is ten (10) percent or less than that for the existing auditorium or other place of assembly, then no additional parking shall be required.

8 Development standards departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to reduce the required or permitted number of parking spaces.

9 A child care facility, when co-located with an assisted living facility, may count the passenger load/unload space required for the assisted living facility toward its required passenger load/unload spaces.

10 When a library is permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when a library is permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122; and when a library is permitted in commercial zones, the Director may modify the parking requirements pursuant to Section 23.44.022 L.

11 Required parking for spectator sports facilities or exhibition halls must be available when the facility or exhibition hall is in use. A facility shall be considered to be "in use" during the period beginning three (3) hours before an event is scheduled to begin and ending one (1) hour after a scheduled event is expected to end. For sports events of variable or uncertain duration, the expected event length shall be the average length of the events of the same type for which the most recent data are available, provided it is within the past five (5) years. During an inaugural season, or for nonrecurring events, the best available good faith estimate of event duration will be used. A facility will not be deemed to be "in use" by virtue of the fact that administrative or maintenance personnel are present. The Director may reduce the required parking for any event when projected attendance for a spectator sports facility is certified to be fifty (50) percent or less of the facility's seating capacity, to an amount not less than that required for the certified projected attendance, at the rate of one (1) space for each ten (10) fixed seats of certified projected attendance. An application for reduction and the certification shall be submitted to the Director at least fifteen (15) days prior to the event. When the event is one of a series of similar events, such certification may be submitted for the entire series fifteen (15) days prior to the first event in the series. If the Director finds that a certification of projected attendance of fifty (50) percent or less of the seating capacity is based on satisfactory evidence such as past attendance at similar events or advance ticket sales, the Director shall, within fifteen (15) days of such submittal, notify the facility operator that a reduced parking requirement has been approved, with any conditions deemed appropriate by the Director to ensure adequacy of parking if expected attendance should change. The parking requirement reduction may be applied for only if the goals of the facility's Transportation Management Plan are otherwise being met. The Director may revoke or modify a parking requirement reduction approval during a series, if projected attendance is exceeded.

12 For purposes of this section, Center City neighborhoods are the following urban villages: Uptown Queen Anne, South Lake Union, Capitol Hill, Pike/Pine, First Hill and 12th Avenue, as shown in the City of Seattle Comprehensive Plan.

13 These general requirements for multifamily uses are superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement under any provision below. To the extent that more than one of the provisions below applies to a multifamily use, the least of the applicable parking requirements applies. The different parking requirements for certain multifamily uses listed below shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this title.

14 Notice of Income Restrictions. Prior to issuance of any permit to establish, construct or modify any use or structure, or to reduce any parking accessory to a multifamily use or structure, if the applicant relies upon these reduced parking requirements, the applicant shall record in the King County Office of Records and Elections a declaration signed and acknowledged by the owner(s), in a form prescribed by the Director, which shall identify the subject property by legal description, and shall acknowledge and provide notice to any prospective purchasers that specific income limits are a condition for maintaining the reduced parking requirement.

Section 15. Subsection A of Section 23.66.324 of the Seattle Municipal Code, which section was last amended by Ordinance 112303, is amended as follows:

23.66.324 Uses subject to special review.

A. The following uses shall be subject to special review by the Board:

Formula Fastfast food restaurants;

Hotels;

Planned community developments;

Principal use parking garages;

Street-level uses subject to special review as provided in Section 23.66.326 C.

***

Section 16. Subsection B of Section 23.72.008 of the Seattle Municipal Code, which section was last amended by Ordinance 118794, is amended as follows:

23.72.008 Uses permitted in specified areas within the Sand Point Overlay

***

B. Uses Permitted Within Subarea B as Depicted on Map A Zoned Lowrise 3, Principal Uses Permitted Outright. In addition to the uses permitted outright in accordance with Section 23.45.006, the following principal uses are permitted outright within structures existing as of the effective date of this chapter:1

1. Food processing for human consumption;

2. Horticultural use;

3. Institutions, except hospital;

4. Lecture and meeting halls;

5. Medical service uses;

6. Office; and

7. Restaurantswithout cocktail lounges.

Section 17. Section 23.84.004 of the Seattle Municipal Code, which section was last amended by Ordinance 120117, is amended as follows:

23.84.004 "B"

***

"Brewpub." See "Eating and drinking establishment."

***

Section 18. Section 23.84.010 of the Seattle Municipal Code, which section was last amended by Ordinance 119974, is amended as follows:

23.84.010 "E"

***

"Eating and drinking establishment" means a retail sales and service use in which food and/or beverages are prepared and sold at retail for immediate consumption.

1. "Brewpub" means an eating and drinking establishment which produces on the premises a maximum of two thousand (2,000) barrels per year of beer, ale or other malt beverage, as determined by the brewpub's filings of barrelage tax reports to the Washington State Liquor Control Board, for sale only on the premises.

2. "Fast-food restaurant" means an eating and drinking establishment, in which the manner of preparation, packaging, and service of the product enables and/or encourages its consumption outside the restaurant, and which has most of the following characteristics: Quick food service is offered and sales transactions are completed within a very short time period; food is already prepared and held for service, or able to be prepared quickly; the menu is limited, but usually includes a main course and beverages; food is generally served in disposable wrappings or containers, with disposable utensils; and/or orders are not generally taken at a customer's table.

31. "Restaurant" means an establishment in which food and/or beverage preparation and service is provided for individual consumption either onor off-premise. eating and drinking establishment which has most of the following characteristics: Products sold are generally consumed within an enclosed structure at tables and/or at a counter; taking food and drink from the restaurant is purely incidental, except for limited take-out service which uses the same kitchen as the main restaurant and has a similar menu; food is served using nondisposable containers and utensils; and consumption of food in vehicles on the premises is discouraged by the nature of the service. A restaurant may or may not have a separate area, or cocktail lounge, where alcoholic beverages are served without full food service.

2. "Drinking Establishment" means a licensed enterprise in which alcoholic beverages may be purchased and consumed on premise; which limits patronage to adults of legal age for the consumption of alcohol; and in which limited food service may be accessory to the service of alcoholic beverages. Drinking establishments may include taverns, saloons, brewpubs, bars, pubs, or cocktail lounges associated with restaurants.

4. "Tavern" means an eating and drinking establishment in which the serving of food is incidental to the serving of beer and/or wine.

***

Section 19. Section 23.84.012 of the Seattle Municipal Code, which section was last amended by Ordinance 118302, is amended as follows:

23.84.012 Definitions -F.

***

"Fast-food restaurant." See "Eating and drinking establishment."

"Formula fast food restaurant" means, for purposes of application within the International Special Review District, an establishment required by contractual or other arrangements to offer some or all of the following:

(a) standardized menus, ingredients, food preparation, decor, external facade and/or uniforms;

(b) pre-prepared food in a ready-to-consume state;

(c) sold over the counter in disposable containers and wrappers;

(d) selected from a limited menu;

(e) for immediate consumption on or off the premises;

(f) where the customer pays before eating.

***

Section 20. Section 23.84.030 of the Seattle Municipal Code, which section was last amended by Ordinance 120443, is amended as follows:

23.84.030 Definitions -P

***

"Personal and household retail sales and service" means a retail sales and service use in which goods are rented or sold or services are provided primarily for household and personal use rather than for business establishments, institutions, or government agencies, but excluding uses in which primarily building materials and/or heating fuel are sold. Examples of personal and household retail sales are bookstores, furniture stores, and grocery stores. Examples of personal and household services are shoe repair, haircutting salons, and dry cleaning.

1. "General personal and household retail sales and service" means a personal and household retail sales and service use which is not a multi-purpose convenience store, major durables sales and service, or a specialty food store.

2. "Major durables, sales, service and rental" means a personal and household retail sales and service use in which large household items, such as but not limited to furniture or appliances, are rented or sold.

3. "Multi-purpose convenience store" means a personal and household retail sales and service use in which a wide range of items frequently purchased for household use are rented or sold. Examples of multi-purpose convenience stores include but are not limited to grocery, hardware, drug, and variety stores.

4. "Specialty food store" means a personal and household retail sales and service use in which food such as salads, deli meats, desserts, baked goods, whole pizzas, and other ready-to-eat foods are prepared and sold, generally for consumption on other premises. Specialty packaged foods, and/or bulk items such as cheese, may also be sold, and the square footage of any area used for seating for the immediate consumption of food shall be no more than three hundred (300) square feet. If more than three hundred (300) square feet are devoted to seating space, the entire use shall be considered an eating and drinking establishment rather than a specialty food store.

***

Section 21. Section 23.84.038 of the Seattle Municipal Code, which section was last amended by Ordinance 120443, is amended as follows:

23.84.038 Definitions -T

"Tavern." See "Eating and drinking establishment."

***

Section 22. 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 23. 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 _________, 2003, and signed by me in open session in authentication of its passage this _____ day of __________, 2003.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2003.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2003.

____________________________________

City Clerk

(Seal)

C. Susan McLain/CSM Eating and Drinking Establishments Ordinance.doc January 15, 2003 version #1 ***