AN ORDINANCE relating to land use and zoning, amending Sections 23.44.051, 23.45.160 and 23.54.15 of the Seattle Municipal Code, to modify the standards for Bed and Breakfast uses in single family and multifamily zones and to clarify parking requirements for Bed and Breakfast uses.

WHEREAS residential development standards are intended to ensure that the appearance, size, and use of structures in residential zones are consistent with surrounding and adjacent residential neighborhoods; and

WHEREAS maintaining the character of residential neighborhoods requires that proposed bed and breakfasts meet certain development standards that are consistent with neighborhood character and conditions in residential neighborhoods; NOW THEREFORE

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.44.051 of the Seattle Municipal Code, which was last amended by ordinance 121285, is amended as follows:

23.44.051 Bed and breakfasts

A Bed bed and breakfasts breakfast use are is permitted if it meets provided they meet the following standards:

A. General Provisions.

1. A business license for the The bed and breakfast use is must have a business license issued by secured from the Department of Finance;

2. The bed and breakfast use must be is operated by the fee an owner who owns at least a 50% interest in of the dwelling in which the bed and breakfast is located;

3. An The fee owner who owns at least a 50% interest in the dwelling must resides reside in the structure in which the bed and breakfast use is located during any period in which rooms are rented to guests;

4. No more than two (2) people who reside outside the dwelling unit aremay be employed, with or without compensation, in the operation of the bed and breakfast use;

5. The bed and breakfast use is operated within the principal structure, and a bed and breakfast use may not locate in a principal structure that is less than 5 years old;

6. No exterior structural alterations are needed or made to accommodate the bed and breakfast use.

7. There is no evidence of the bed and breakfast use from the exterior of the structure except for a sign permitted by Section 23.55.020D1;

87. The bed and breakfast use has no more than three (3) five(5) guest roomsor suites available to guests, provided that this limitation does not apply to bed and breakfasts that were established on or before and have been continuously operated as a bed and breakfast since April 1, 1987; and

98. Parking is provided as required in Chapter 23.54.

B. Alterations to single family structures. Interior and exterior alterations consistent with the development standards of the underlying zone are permitted.

C. Dispersion. Any lot line of property containing any proposed new bed and breakfast use must be located six hundred (600) feet or more from any lot line of any other bed and breakfast use.

D. Neighborhood Mitigation provisions.

1. The owner will make public transit information available to patrons, and the owner's operating plan must describe how the transit information will be made available to patrons.

2. The design of the structure in which the use is located and the orientation of the access will minimize impacts, such as noise, light and parking, to neighboring structures.

3. The owner's operating plan includes quiet hours, limits on programmed on-site outdoor activities, and parking policies to minimize impacts on residential neighbors.

4. The delivery of goods and services associated with the bed and breakfast use are accommodated at a time and in a manner that will limit, to the extent feasible, impacts on surrounding properties.

5. The operating plan shall be distributed to all residents and property owners within three hundred (300) feet of the proposed bed and breakfast use. The distributed plan shall reference this Section and provide contact information for the Department of Planning and Development's Review and Inspection Center and contact information for the operator of the bed and breakfast. Applicants for a permit to establish a bed and breakfast use shall provide proof to the Department of Planning and Development that they made a good faith effort to provide the required distribution prior to issuance of a permit establishing the use.

Section 2. Section 23.45.160, of the Seattle Municipal Code, which section was last amended by Ordinance 112777, is amended as follows:

SMC 23.45.160 Bed and breakfasts.

A bed Bed and breakfasts breakfast use may be operated in a dwelling unit that is at least 5 years old existing as of the effective date of this Land Use Code by a resident of the dwelling unit under the following conditions:

A. The bed and breakfast use must have a business license issued by the Department of Finance.

B. The operation of a bed and breakfast use may be conducted only within a single dwelling unit.

C.B. The bed and breakfast shall be operated within the principal structure and not in an accessory structure. It shall not require structural alterations.

D. Interior and exterior alterations consistent with the development standards of the underlying zone are permitted.

E. There shall be no evidence of such occupationuse from the exterior of the structure other than a permitted sign permitted by Section 23.55.022D1, so as to preserve the residential appearance of the structure.

F.C. No more than two (2) people who are not residents of the dwelling may be employed in the operation of a bed and breakfast, whether or not compensated.

G.D. Parking shall be required as provided in Chapter 23.54.

Section 3. Chart A of Section 23.54.015, of the Seattle Municipal Code, which section was last amended by ordinance 121828, is amended as follows:

Chart A For Section 23.54.015 Parking

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Use Parking Requirements Bed and Breakfast 1 space for each dwelling unit, plus 1 space for each 2 guest rooms or suites.

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Section 4. 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

August 7, 2006 version #3 ta