AN ORDINANCE relating to land use and zoning; amending Seattle Municipal Code Sections 23.41.012, 23.47.012, 23.48.010, 23.50.020, 23.50.026, 23.50.028, 23.54.015, 23.54.035, 23.84.032 and 23.86.006 to address the unique needs or features of biotech uses in South Lake Union, and to correct minor errors and omissions.

WHEREAS, the City Council adopted Resolution 30610 affirming the City of Seattle's commitment to making the South Lake Union area the region's most competitive location for biotech research and manufacturing, clean energy, advanced energy technology research, manufacturing and distribution, other high-tech research and manufacturing, and other innovative entrepreneurial high-tech industries; and

WHEREAS, the City Council adopted Resolution 30542 emphasizing the City's commitment to regional economic strategies, including supporting the redevelopment of the South Lake Union area for the regional expansion of the bio-medical and bio-information sectors; and

WHEREAS, the City Council finds that this ordinance should be adopted consistent with the referenced resolutions and for the reasons contained in the Director's Report on the proposed Biotech Related Amendments, August 11, 2003; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection B of Section 23.41.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 120928, is amended as follows:

23.41.012 Development standard departures.

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B. Departures may be granted from the following requirements:

1. Structure width and depth limits;

2. Setback requirements;

3. Modulation requirements;

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

5. Design, location on the lot and access to parking requirements;

6. Open space or common recreation area requirements;

7. Lot coverage limits;

8. Rooftop coverage limits that apply within the South Lake Union Hub Urban Village;

9. 8. Screening and landscaping requirements;

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

11. 10. Within Urban Centers, in L3 zones only, the pitched roof of a structure, as provided in Section 23.45.009 C, may incorporate additional height of up to twenty (20) percent of the maximum height permitted, as provided in Section 23.45.009 A, subject to the following limitations:

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

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

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

d. No more than one (1) project on one (1) site within each Urban

Center may incorporate additional height in the pitched roofs of its structures pursuant to this subsection unless development regulations enacted pursuant to a neighborhood planning process allow other projects to incorporate such additional height;

12. 11. Building height within the Roosevelt Commercial Core (up to an additional three (3) feet) for properties zoned NC3-65', (Exhibit 23.41.012 A, Roosevelt Commercial Core);

13. 12. Building height within the Ballard Municipal Center master plan area, for properties zoned NC3-65', (Exhibit 23.41.012 B, Ballard Municipal Center Master Plan Area). The additional height may not exceed nine (9) feet, and may be granted only for townhouses that front a mid-block pedestrian connection or a park identified in the Ballard Municipal Center Master Plan;

14. 13. Reduction in required parking for ground level retail uses that abut established mid-block pedestrian connections through private property as identified in the "Ballard Municipal Center Master Plan Design Guidelines, 2000." The parking requirement must be no less than the required parking for Pedestrian 1 designated

areas shown in Section 23.47.044 Chart E;

15. 14. Downtown or Stadium Transition Overlay District street facade requirements;

16. 15. Downtown upper-level development standards;

17. 16. Downtown coverage and floor size limits;

18. 17. Downtown maximum wall dimensions;

19. 18. Downtown street level use requirements;

20. 19. Combined coverage of all rooftop features in downtown zones subject to the limitations in Section 23.49.008 C2; and

21. 20. Certain conditions to allowance of additional height in DOC 1 and DOC 2 zones pursuant to subsection 23.49.008 A 2, as follows:

a. Limits on gross floor area of stories under subsection 23.49.008 A2a(2); and

b. Percentages of lot area that must be occupied by open space or by structures no greater than thirty-five (35) or sixty-five (65) feet in height, under subsection 23.49.008 A2b(1).

22. 21. Building height in Lowrise zones, and parking standards of Section 23.54.015 in Midrise and Commercial zones, in order to protect existing trees as provided in Chapter 25.11;

23. 22. Downtown view corridor and Downtown Green Street requirements to allow open railings on upper level roof decks or rooftop open space to project into the required view corridor or Green Street setback, provided such railings are determined to have a minimal impact on views and meet the requirements of the Building Code; and

24. 23. Minor communication utility height limits in downtown zones set forth in SMC Section 23.57.013 B, and telecommunication facilities development standards set forth in Section 23.57.016.

Section 2. Subsections A, D and H of Section 23.47.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 121051, is amended as follows:

23.47.012 Structure height and floor area ratio.

A. Maximum Height. The maximum structure height for commercial zones shall be thirty (30) feet, forty (40) feet, sixty-five (65) feet, eighty-five (85) feet, one hundred twenty-five (125) feet, or one hundred sixty (160) feet, as designated on the Official Land Use Map, Chapter 23.32. In addition, except that:

1. Within the South Lake Union Hub Urban Village, the maximum structure height in commercial zones with sixty-five (65) foot and eighty-five (85) foot height limits may be increased to eighty-five (85) feet and one-hundred and five (105) feet, respectively, provided that:

a. a minimum of two (2) floors in the structure have a floor to floor height of at least fourteen (14) feet; and

b. the additional height is used to accommodate mechanical equipment; and

c. the additional height permitted does not allow more than six (6) floors in commercial zones with a sixty-five (65) foot height limit, or more than seven (7) floors in commercial zones with an eighty-five (85) foot height limit.

2. m Mixed use structures located in commercial zones with a thirty (30) foot or forty (40) foot height limit may exceed the height limit of the zone according to the provisions of Section 23.47.008.

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D. Exemptions from FAR Calculations. The following areas shall be exempted from FAR calculations:

1. All gross floor area below grade;

2. All gross floor area used for accessory parking.; and

3. Within the South Lake Union Hub Urban Village, gross floor area occupied by mechanical equipment, up to a maximum of fifteen (15) percent, is exempt from FAR calculations. The allowance is calculated on the gross floor area of the structure after all exempt space permitted under this subsection is deducted. Mechanical equipment located on the roof of a structure is not calculated as part of the total gross floor area of a structure.

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H. Rooftop Features.

1. Smokestacks; chimneys; flagpoles; and religious symbols for religious institutions are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are a minimum of ten (10) feet from any side or rear lot line.

2. Open railings, planters, skylights, clerestories, greenhouses, parapets and firewalls may extend no higher than the ridge of a pitched roof as permitted by Section 23.47.012F or up to four (4) feet above the maximum height limit with unlimited rooftop coverage.

3. Solar Collectors.

a. In zones with height limits of thirty (30) or forty (40) feet, solar collectors may extend up to four (4) feet above the maximum height limit, with unlimited rooftop coverage.

b. In zones with height limits of sixty-five (65) feet or more, solar collectors may extend up to seven (7) feet above the maximum height limit, with unlimited rooftop coverage.

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

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment;

d. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least fifteen (15) feet from the roof edge; and

e. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.012.

5. Within the South Lake Union Hub Urban Village, at the applicant's option, the combined total coverage of all features listed in subsection H4 may be increased to sixty-five (65) percent of the roof area, provided that the following are satisfied:

a. All mechanical equipment is screened; and

b. No rooftop features are located closer than ten (10) feet to the roof edge.

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

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Section 23.57.012;

f. Nonfirewall parapets;

g. Play equipment.

7. 6. Structures existing prior to May 10, 1986 may add new or replace existing mechanical equipment up to fifteen (15) feet above the roof elevation of the structure and shall comply with the noise standards of Section 23.47.018.

8. 7. For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.012.

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Section 3. Section 23.48.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 120928, is amended as follows:

23.48.010 General structure height.

A. Maximum Height. Maximum structure height shall be fifty-five (55) feet, seventy-five (75) feet or one hundred twenty-five (125) feet as designated on the Official Land Use Map, Chapter 23.32 . , except as provided in subsection B of this Section.

B. The maximum structure height may be increased from seventyfive (75) feet to eighty-five (85) feet, provided that:

1. a minimum of two (2) floors in the structure have a floor to floor height of at least fourteen (14) feet; and

2. the additional height is used to accommodate mechanical equipment; and

3. the additional height permitted does not allow more than seven (7) floors; and

4. the height limit provisions of 23.48.016 A1b, Standards applicable to specific areas, are satisfied.

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

C. D. Rooftop Features.

1. Smokestacks; chimneys; flagpoles; and religious symbols for religious institutions are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are a minimum of ten (10) feet from any side or rear lot line.

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

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

4. The following rooftop features may extend up to fifteen (15) feet above the maximum height limit, so long as the combined total coverage of all features listed in this subsection D4 does not exceed twenty (20) percent of the roof area, or twenty-five (25) percent of the roof area if the total includes stair or elevator penthouses or screened mechanical equipment:

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment;

d. Atriums, greenhouses, and solariums;

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

f. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.012.

5. At the applicant's option, the combined total coverage of all features listed in subsection D4 above may be increased to sixtyfive (65) percent of the roof area, provided that all of the following are satisfied:

a. All mechanical equipment is screened; and

b. No rooftop features are located closer than ten (10) feet to the roof edge.

5. 6. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection D5 at least ten (10) feet from the north edge of the roof, or provide shadow diagrams to demonstrate that the proposed location of such rooftop features would shade property to the north on January 21st at noon no more than would a structure built to maximum permitted bulk:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Atriums, greenhouses and solariums;

e. Minor communication utilities and accessory communication devices according to the provisions of Section 23.57.012;

f. Nonfirewall parapets;

g. Play equipment.

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

7. 8. For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.012.

Section 4. Subsection A of Section 23.50.020 of the Seattle Municipal Code, which Section was last amended by Ordinance 120928, is amended as follows:

23.50.020 All Industrial zones -Structure height exceptions and additional restrictions.

A. Rooftop Features. Where height limits are otherwise applicable to a structure, and except as provided in subsections C4, D4, E4 and F3 of Section 23.50.024, the following conditions shall apply to rooftop features:

1. Smokestacks; chimneys and flagpoles and religious symbols for religious institutions are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are a minimum of ten (10) feet from any side or rear lot line.

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

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

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

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment; and

d. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.015.

5. Within the South Lake Union Hub Urban Village, at the applicant's option, the combined total coverage of all features listed in subsection A4 above may be increased to sixty-five (65) percent of the roof area, provided that all of the following are satisfied:

a. All mechanical equipment is screened; and

b. No rooftop features are located closer than ten (10) feet to the roof edge.

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Section 5. Section 23.50.026 of the Seattle Municipal Code, which Section was last amended by Ordinance 120609, is amended to add new subsection D as follows:

23.50.026 Structure height in IC zones.

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D. Within the South Lake Union Hub Urban Village, the maximum structure height in IC zones with sixty-five (65) foot and eighty-five (85) foot height limits may be increased to eighty-five (85) feet and one-hundred and five (105) feet, respectively, provided that:

1. a minimum of two (2) floors in the structure have a floor to floor height of at least fourteen (14) feet; and

2. the additional height is used to accommodate mechanical equipment; and

3. the additional height permitted does not allow more than six (6) floors in IC zones with a sixty-five (65) foot height limit, or more than seven (7) floors in IC zones with an eighty-five (85) foot height limit.

Section 6. Subsection E of Section 23.50.028 of the Seattle Municipal Code, which Section was last amended by Ordinance 119370, is amended as follows:

23.50.028 Floor area ratio.

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E. All Industrial Zones, Exemptions from FAR Calculations. The following areas shall be exempt from FAR calculations:

1. All gross floor area below grade;

2. All gross floor area used for accessory parking;

3. All gross floor area uses used for mechanical equipment, stair and elevator penthouses and communication equipment and antennas located on the rooftop of structures;

4. All gross floor area used for covered rooftop recreational space of a building existing as of December 31, 1998, when complying with the provisions of Section 23.50.012 D.; and

5. Within the South Lake Union Hub Urban Village, gross floor area occupied by mechanical equipment, up to a maximum of fifteen (15) percent, is exempt from FAR calculations. The allowance is calculated on the gross floor area of the structure after all exempt space permitted under this subsection is deducted. Mechanical equipment located on the roof of a structure is not calculated as part of the total gross floor area of a structure.

Section 7. Chart A of Section 23.54.015 of the Seattle Municipal Code, which Section was last amended by Ordinance 121196, is amended as follows:

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

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

Live-work unit 1 space for each unit; plus the number of spaces required for the nonresidential portion for live-work units greater than 2,500 square feet, based on the most similar nonresidential use

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 except as Development sites containing 2-10 otherwise provided below13 dwelling units: 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

Research and development laboratory located within the 1 space for each 1,500 square feet South Lake Union Hub Urban Village

Restaurant 1 space for each 200 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

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.

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 8. Subsection B of Section 23.54.035 of the Seattle Municipal Code, which Section was last amended by Ordinance 119238, is amended as follows:

23.54.035 Loading berth requirements and space standards.

***

B. Exception to Loading Requirements.

1. For uses with less than sixteen thousand (16,000) square feet of gross floor area which provide a loading space on a street or alley, the loading berth requirements may be waived by the Director following a review by the Seattle Transportation Department, which finds that the street or alley berth is adequate.

2. Within the South Lake Union Hub Urban Village and when multiple buildings share a central loading facility, loading berth requirements may be waived or modified if the Director finds, in consultation with the Seattle Transportation Department, the following:

a. all loading is proposed to occur on-site; or

b. loading that is proposed to occur in a public right-of-way can take place without disrupting pedestrian circulation or vehicular traffic; and

c. once located at a central loading facility, goods can be distributed to other buildings on-site without disrupting pedestrian circulation or vehicular traffic.

***

Section 9. Section 23.84.032 of the Seattle Municipal Code, which Section was last amended by Ordinance 120117, is amended as follows:

23.84.032 Definitions -R.

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"Research and development laboratory" means a commercial use in which research and experiments leading to the development of new products are conducted. This use may be associated with an institutional, clinical or commercial use. Space designed for this use typically includes features such as: floor to floor ceiling heights, generally fourteen (14) feet in height or greater to accommodate mechanical equipment and laboratory benches plumbed for water service.

***

Section 10. Section 23.86.006 of the Seattle Municipal Code, which Section was last amended by Ordinance 112971, is amended as follows:

23.86.006 Structure Height.

A. Height Measurement Technique in All Zones Except Downtown Zones and Within the South Lake Union Hub Urban Village.

1. The height shall be measured at the exterior walls of the structure. Measurement shall be taken at each exterior wall from the existing or finished grade, whichever is lower, up to a plane essentially parallel to the existing or finished grade. For determining structure height, the exterior wall shall include a plane between supporting members and between the roof and the ground. The vertical distance between the existing grade, or finished grade, if lower, and the parallel plane above it shall not exceed the maximum height of the zone.

2. When finished grade is lower than existing grade, in order for an upper portion of an exterior wall to avoid being considered on the same vertical plane as a lower portion, it must be set back from the lower portion a distance equal to two (2) times the difference between existing and finished grade on the lower portion of the wall (Exhibit 23.86.006 A1).

3. Depressions such as window wells, stairwells for exits required by other codes, "barrier free" ramps on grade, and vehicle access driveways into garages shall be disregarded in determining structure height when in combination they comprise less than fifty percent (50%) of the facade on which they are located. In such cases, the grade for height measurement purposes shall be a line between the grade on either side of the depression.

4. No part of the structure, other than those specifically exempted or excepted under the provisions of the zone, shall extend beyond the plane of the maximum height limit. 5. Underground portions of structures are not included in height calculations. The height of structures shall be calculated from the point at which the sides meet the surface of the ground.

B. Within the South Lake Union Hub Urban Village, structure height shall be measured for all portions of the structure. All measurements shall be taken vertically from existing or finished grade, whichever is lower, to the highest point of the structure located directly above each point of measurement.

Existing or finished grade shall be established by drawing straight lines between the corresponding elevations at the perimeter of the structure. The straight lines will be existing or finished grade for the purpose of height measurement. When a contour line crosses a facade more than once, that contour line will be disregarded when establishing existing or finished grade.

B.C. Height Averaging for Single-family Zones. In a single family zone, the average elevation of the nearest single family structures on either side of a lot may be, at the applicant's option, used to establish the height limit of the principal structure on that lot, according to the following provisions:

1. Each structure used for averaging shall be on the same block front as the lot for which a height limit is being established. The structures used shall be the nearest single family structure on each side of the lot, and shall be within one hundred feet (100') of the side lot lines of the lot.

2. The height limit for the lot shall be established by averaging the elevations of the structures on either side in the following manner:

a. If the nearest structure on either side has a roof with at least a three-in-twelve (3:12) pitch, the elevation to be used for averaging shall be the highest point of that structure's roof minus five feet (5').

b. If the nearest structure on either side has a flat roof, or a roof with a pitch of less than three-in-twelve (3:12), the elevation of the highest point of the structure's roof shall be used for averaging.

c. Rooftop features which are otherwise exempt from height limitations, Height Exceptions, Section 23.44.012 C, shall not be included in elevation calculations.

d. The two (2) elevations obtained from steps 2a and/or 2b shall be averaged to derive the height limit for the lot. This height limit shall be the difference in elevation between the midpoint of a line parallel to the front lot line at the required front setback and the average elevation derived from 2a and/or 2b.

e. The height measurement technique used for the lot shall then be the City's standard measurement technique, Section 23.86.006 A.

3. When there is no single-family structure within one hundred feet (100') on a side of the lot, or when the nearest single family structure within one hundred feet (100') on a side of the lot is not on the same block front, the elevation used for averaging on that side shall be thirty feet (30') plus the elevation of the midpoint of the front lot line of the abutting vacant lot.

4. When the lot is a corner lot, the height limit may be the highest elevation of the nearest structure on the same block front, provided that the structure is within one hundred feet (100') of the side lot line of the lot and that both front yards face the same street.

5. In no case shall the height limit established according to these height averaging provisions be greater than forty feet (40').

6. Lots using height averaging to establish a height limit shall be eligible for the pitched roof provisions of Section 23.44.012 B.

C.D. Additional Height on Sloped Lots.

1. In certain zones, additional height shall be permitted on sloped lots at the rate of one foot (1') for each six percent (6%) of slope. For the purpose of this provision, the slope shall be measured from the exterior wall with the greatest average elevation at existing grade, to the exterior wall with the lowest average elevation at existing grade. The slope shall be the difference between the existing grade average elevations of the two (2) walls, expressed as a percentage of the horizontal distance between the two (2) walls.

2. This additional height shall be permitted on any wall of the structure, provided that on the uphill side(s) of the structure, the height of the wall(s) shall be no greater than the height limit of the zone (Exhibit 23.86.006 A2).

3. Structures on sloped lots shall also be eligible for the pitched roof provisions applicable in the zone.

D.E. Height Measurement Techniques in Downtown Zones.

1. Determine the major street property line, which shall be the lot's longest street property line. When the lot has two (2) or more street lot lines of equal length, the applicant shall choose the major street property line.

2. Determine the slope of the lot along the entire length of the major street property line.

3. The maximum height shall be measured as follows:

a. When the slope of the major street property line is less than or equal to seven and one-half percent (7-1/2%), the elevation of maximum height shall be determined by adding the maximum permitted height to the existing grade elevation at the midpoint of the major street property line. On a through lot, the elevation of maximum height shall apply only to the half of the lot nearest the major street property line. On the other half of a through lot, the elevation of maximum height shall be determined by the above method using the street lot line opposite and parallel to the major street property line as depicted in Exhibit 23.86.006 B.

b. When the slope of the major street property line exceeds seven and one-half percent (7-1/2%), the major street property line shall be divided into four (4) or fewer equal segments no longer than one hundred twenty feet (120') in length. The elevation of maximum height shall be determined by adding the maximum permitted height to the existing grade elevation at the midpoint of each segment. On a through lot, the elevation of maximum height shall apply only to the half of the lot nearest the major street property line. On the other half of a through lot, the elevation of maximum height shall be determined by the above method using the street lot line opposite and parallel to the major street property line, as depicted in Exhibit 23.86.006 C.

c. For lots with more than one (1) street frontage, where there is no street property line which is essentially parallel to the major street property line, when a measurement has been made for the portion of the block containing the major street property line, the next measurement shall be taken from the longest remaining street lot line.

4. No parts of the structure, other than those specifically exempted or excepted under the provisions of the zone, shall extend beyond the elevation of maximum height.

5. Underground portions of structures are not included in height calculations. The height of structures shall be calculated from the point at which the sides meet the surface of the ground.

E.F. Determining the Height of Existing Public School Structures. When the height of the existing public school structure must be measured for purposes of determining the permitted height or lot coverage of a public school structure, either one of the following options may be used:

1. If all parts of the new roof are pitched at a rate of not less than three to twelve (3:12), the ridge of the new roof may extend to the highest point of the existing roof. A shed roof does not qualify for this option.

2. If all parts of the new roof are not pitched at a rate of not less than three to twelve (3:12), then the elevation of the new construction may extend to the average height of the existing structure. The average height shall be determined by measuring the area of each portion of the building at each height and averaging those areas, as depicted in Exhibit 23.86.006 D.

Section 11. 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 12. 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

September 22, 2003 version #3 t