ORDINANCE __________________

AN ORDINANCE relating to land use and zoning, amending Sections 23.61.006, 23.61.008 and 23.61.014 of the Seattle Municipal Code to clarify provisions related to the application of regulations and address relocation of nonconforming uses in the Station Area Overlay District.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.61.006 of the Seattle Municipal Code, last amended by Ordinance 120452, is further amended as follows:

23.61.006 Application of Regulations.

All land located within the Station Area Overlay District is subject to the regulations of the underlying zone unless specifically modified by the provisions of this chapter. In the event of a conflict between the provisions of the Station Area Overlay District and the underlying zone including Pedestrian-Designated Zones, the provisions of this chapter prevail. Where a conflict exists between the provisions of this chapter and the Pike Pine Overlay District or the Shoreline Master Program, the provisions of the Pike Pine Overlay District or the Shoreline Master Program prevail.

Section 2. Section 23.61.008 of the Seattle Municipal Code, last amended by Ordinance 121245, is further amended as follows:

23.61.008 Prohibited uses.

The following uses are prohibited within an underlying commercial zone as both principal and accessory uses, except as otherwise noted:

A. Drive-in businesses, except as provided in 23.61.014, Nonconforming uses;

B. Dry storage of boats;

C. General manufacturing;

D. Heavy commercial services, except laundry facilities existing as of April 1, 2001;

E. Sales and rental of large boats;

F. Vessel repair (major or minor);

G. Mini-warehouse;

H. Principal use, nonresidential long-term parking;

I. Outdoor storage;

J. Sale of heating fuel;

K. Sales and rental of motorized vehicles, except within an enclosed structure;

L. Sales, service and rental of commercial equipment and construction

materials;

M. Salvage and recycling;

N. Towing services;

O. Principal use vehicle repair (major or minor);

P. Wholesale showroom; and

Q. Warehouse.

Section 3. Section 23.61.014 of the Seattle Municipal Code, last amended by Ordinance 120452, is further amended as follows:

23.61.014 Nonconforming uses.

A. Expansion. Uses listed in this subsection may be expanded or extended by an amount of gross floor area not to exceed twenty (20) percent of the existing gross floor area of the use provided that this exception may be applied only once to any individual business establishment.

1. The provisions of this subsection apply to the following station areas:

1. a. Henderson;

2. b. Othello;

3. c. Edmunds; and

4. d. McClellan.

B. 2. The provisions of this subsection apply to the following nonconforming uses:

1. a. Gas stations;

2. b. General manufacturing;

3. c. Heavy commercial services;

4. d. Mini-warehouse and warehouse; and

5. e. Vehicle repair (minor).

B. Relocation. In the University District Station Area, banks with a drive-in facility may be moved to another location within the station area provided:

1. The use was in existence on the effective date of this ordinance;

2. This exception may be applied only once to any individual business establishment;

3. The new location is not within a designated Pedestrian District;

4. The curbcut(s) at the new location will serve both the drive-in lane and access to parking for the use;

5. The use at the new location is limited to one drivein lane; and

6. The drive-in lane may not be located between the structure containing the bank use and a street right-of-way.

C. The standards for nonconforming uses of the underlying zone and any overlay districts apply, except that uses listed in subsection B may be expanded or extended by an amount of gross floor area not to exceed twenty (20) percent of the existing gross floor area of the use, provided that this exception may be applied only once to any individual business establishment.

Section 4. Severability. The several provisions of this ordinance are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.

Section 5. 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 _________, 2006, and signed by me in open session in authentication of its passage this _____ day of __________, 2006.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2006.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2006.

____________________________________

City Clerk

(Seal)

Mike Podowski

U Dist SAOD Amend Ord

January 3, 2006

Version #1

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