AN ORDINANCE relating to land use and zoning; amending Sections 23.44.010 and 23.44.012 of the Seattle Municipal Code to adopt interim development regulations to prohibit incompatible buildings on undersized single-family-zoned lots; and declaring an emergency requiring a threefourths vote of the City Council so that the ordinance may take effect immediately.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council ("Council") makes the following legislative findings of fact and declarations:

1. The Council finds that land use code does not currently include appropriate development standards applying to single-family-zoned lots that are significantly less than the minimum lot size allowed; and,

2. The Council finds that the lack of appropriate development standards applicable to single-familyzoned lots that are significantly less than the minimum lot size allowed has resulted in new single-family dwellings that are, based on their height and lot coverage, out of scale and incompatible with adjacent existing single-family dwellings; and

3. The Council finds that the City is currently studying permanent changes to Chapter 23.44 of the Seattle Municipal Code that will result in new development standards addressing the problems created by new single-family dwellings on lots significantly less than the minimum lot size allowed in single-family zones; and

4. The Council finds that adopting interim standards will allow appropriately-sized single-family dwellings on these single-family-zoned lots to continue to be built during this interim period; and

5. The Council finds that it has the authority to establish interim measures as granted by Article 11, Section 11 of the Washington State Constitution, and the Growth Management Act, Chapter 36.70A, RCW, and declares that an emergency exists;

Section 2. Section 23.44.010 of the Seattle Municipal Code, which section was last amended by Ordinance 123809, is amended as follows:

23.44.010 Lot requirements

* * *

B. Exceptions to Minimum Lot Area Requirements. The following exceptions to minimum lot area requirements are allowed, subject to the development standards for undersized lots in subsection 23.44.010.C, except as limited under subsection 23.44.010.B.2:

1. A lot that does not satisfy the minimum lot area requirements of its zone may be developed or redeveloped separately under one of the following circumstances:

* * *

d. The lot has an area at least 50 percent of the minimum required under section 23.44.010.A, and was established as a separate building site in the public records of the county or City prior to July 24, 1957, by deed, contract of sale, mortgage, (( property tax segregation, )) platting or building permit, and falls into one of the following categories:

* * *

C.(( Development standards for certain lots that qualify for the exception to minimum area in subsection 23.44.010.B.1.d.

1. )) Development of any principal structure on (( those )) lots that meet the conditions outlined in subsection 23.44.010.B.1.d but have a total area less than (( 2,500 )) 3,750 square feet shall comply with the (( following:

1.The )) height standards of Section 23.44.012.A.3.

(( 2. Structure depth shall not exceed two times the width of the lot, for any lot less than 30 feet wide. If a side yard easement is provided according to subsection 23.44.014.D.3, then the easement area may be included as part of the width of the lot for purposes of compliance with this subsection 23.44.010.C.2. ))

* * *

Section 3. Section 23.44.012 of the Seattle Municipal Code, which section was last amended by Ordinance 123809, is amended as follows:

23.44.012 Height limits

A. Maximum Height Established.

1. Except as permitted in Section 23.44.041.B, and except as provided in subsections 23.44.012.A.2 and A.3, the maximum permitted height for any structure not located in a required yard is 30 feet.

2. The maximum permitted height for any structure on a lot 30 feet or less in width is 25 feet.

3. The maximum permitted height for any structure on a lot (( of less than 2,500 square feet )) of any width that is less than 3,750 square feet that qualifies for separate development according to the provisions in section 23.44.010.B.1.d is 22 feet, unless the structure's height is further restricted by other code provisions. (( , if that lot has less than 15 feet of street frontage and if the front yard or side yard of that lot abuts, for at least 15 feet, on the rear yard of another lot )).

4. The method of determining structure height and lot width is detailed in Chapter 23.86, Measurements.

* * *

Section 4. Under RCW 36.70A.390, the City Council approves the following work plan for the development of permanent development regulations to address the issues in this ordinance:

Section 5. Under SMC 25.05.880, the Council finds that an exemption under SEPA for this action is necessary to prevent development that is incompatible with City land use policies for single-family neighborhoods. SEPA review of any permanent regulations modifying existing zoning will be conducted.

Section 6. Based on the authority of RCW 36.70A.390 and the findings in Section 1 of this ordinance, Section 23.76.062 is waived for the adoption of this ordinance.

Section 7. By reason of the findings set out in this ordinance, and the emergency that is declared to exist, this ordinance shall become effective immediately upon its passage by a three-fourths vote of the Council, and its approval by the Mayor, as provided by Article 4, Subsection 1(I) of the Charter of the City.

Passed by a three-fourths vote of all the members of the City Council on the ____ day of September 2012, and signed by me in open session in authentication of its passage this _____ day of September, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

podowski/mckim/jenkins DPD small lot interim controls ORD September 7, 2012 Version #11

Form Last Revised: April 24, 2012 1