Subtitle IV
Administration
Division 1
Land Use Approval Procedures
Chapter 23.76
PROCEDURES FOR MASTER USE PERMITS AND COUNCIL LAND USE DECISIONS
Sections:
Subchapter I General Provisions
23.76.002 Purpose.
23.76.004 Land use decision framework.
23.76.005 Time for decisions.
Subchapter II Master Use Permits
23.76.006 Master Use Permits required.
23.76.008 Preapplication conferences.
23.76.010 Applications for Master Use Permits.
23.76.011 Notice of early design guidance and planned community development process.
23.76.012 Notice of application.
23.76.014 Notice of scoping and draft EIS.
23.76.015 Public meetings.
23.76.016 Public hearings.
23.76.018 Notice of final EIS.
23.76.019 Time required for preparation of an EIS.
23.76.020 Director's decisions.
23.76.022 Administrative appeals.
23.76.023 Report and recommendation of the Director on subdivisions.
23.76.024 Hearing Examiner open record hearing and decision for subdivisions
23.76.026 Vesting of development rights.
23.76.028 Type I and II Master Use Permit issuance.
23.76.032 Expiration and renewal of Type I and II Master Use Permits
23.76.034 Suspension and revocation of Master Use Permits.
Subchapter III Council Land Use Decisions
Part 1 Application and DCLU Review
23.76.036 Council decisions required.
23.76.038 Pre-application conferences.
23.76.040 Applications for Council land use decisions.
23.76.042 Notice of application.
23.76.044 Notice of scoping and draft EIS.
23.76.046 Public meetings and hearings.
23.76.048 Notice of final EISs.
23.76.049 Time required for preparation of an EIS.
23.76.050 Report of the Director.
Part 2 Quasi-judicial Decisions (Type IV)
23.76.052 Hearing Examiner open record predecision hearing and recommendation.
23.76.054 Council consideration of Hearing Examiner recommendation.
23.76.056 Council decision on Hearing Examiner recommendation.
23.76.058 Rules for specific decisions
23.76.060 Expiration of land use approvals– Extensions
Part 3 Legislative Decisions (Type V)
23.76.062 Council hearing and decision.
23.76.064 Approval of City facilities.
23.76.066 Shoreline Master Program amendments.
23.76.068 Re-application rule for text amendments.
23.76.070 Hearing Examiner reports to Council.
C. Type IV and V decisions are Council land use decisions. Type IV D. For projects requiring both a Master Use Permit and a Council land use decision as described in this chapter, the Council decision must be made prior to issuance of the Master Use Permit. All conditions established by the Council in its decision shall be incorporated in any subsequently issued Master Use Permit for the project.
E. Certain land use decisions are subject to additional procedural requirements beyond the standard procedures established in this chapter. Code references for such additional requirements, where applicable, are provided in Seattle Municipal Code (SMC) Sections 23.76.006 and 23.76.036.
F. Shoreline appeals and appeals of related SEPA determinations shall be filed with the State Shoreline Hearings Board within twenty-one (21) days of the receipt of the decision by the Department of Ecology as set forth in RCW 90.58.180.
G. An applicant for a permit or permits requiring more than one (1) decision contained in the land use decision framework listed in Section 23.76.004 may either:
1. Use the integrated and consolidated process established in this chapter;
2. If the applicant includes a variance, lot boundary adjustment, or short subdivision approval and no environmental review is required for the proposed project pursuant to SMC Chapter 25.05, SEPA Policies and Procedures, file a separate Master Use Permit application for the variance, lot boundary adjustment, or short subdivision sought and use the integrated and consolidated process established in this chapter for all other required decisions; or
3. Proceed with separate applications for each permit decision sought.
(Ord. 123046, § 56, 2009; Ord. 122816, § 6, 2008; Ord. 122497, § 4, 2007; Ord. 121828 § 13, 2005; Ord. 121362 § 11, 2003; Ord. 121278 § 7, 2003; Ord. 121277 § 1, 2003; Ord. 119974 § 1, 2000; Ord. 119618 § 7, 1999; Ord. 119096 § 4, 1998; Ord. 118672 § 23, 1997; Ord. 118012 § 23, 1996; Ord. 117598, § 3, 1995; Ord. 117263 § 53, 1994; Ord. 117202 § 11, 1994; Ord. 116909 § 5, 1993; Ord. 113079 § 3, 1986; Ord. 112840 § 2, 1986; Ord. 112522 § 2(part), 1985.)
Table A for 23.76.004
LAND USE DECISION FRAMEWORK
DIRECTOR'S AND HEARING EXAMINER'S
DECISIONS REQUIRING MASTER USE PERMITS COUNCIL LAND USE DECISIONS 23.76.005 Time for decisions.
A. Except as otherwise provided in this section or otherwise agreed to by the applicant, land use decisions on applications shall be made within one hundred twenty (120) days after the applicant has been notified that the application is complete. In determining the number of days that have elapsed after the notification that the application is complete, the following periods shall be excluded:
1. All periods of time during which the applicant has been requested by the Director to correct plans, perform required studies, or provide additional required information, until the determination that the request has been satisfied;
2. Any extension of time mutually agreed upon by the Director and the applicant;
3. For projects which an environmental impact statement (EIS) has been required, the EIS process time period; and
4. Any time period for filing an appeal of the land use decision to the Hearing Examiner, and the time period to consider and decide the appeal.
B. The time limits established by subsection A of this section do not apply if a permit application:
1. Requires an amendment to the comprehensive plan or the Land Use Code; or
2. Requires the siting of an essential public facility; or
3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.
C. Exclusions Pursuant to RCW 36.70B.140(1).
1. Type II decisions. There is no time limit for a decision on an application for an exception from the regulations for Environmentally Critical Areas, SMC Chapter 25.09.
2. Type III decisions.
a. The Director shall issue a recommendation within one hundred twenty (120) days as that time is calculated pursuant to subsection A of this section; and
b. The Hearing Examiner shall issue a decision within ninety (90) days of issuance of the Director's recommendation.
3. Type IV decisions.
a. There is no time limit for decisions on Major Institution master plans.
b. All other Type IV Council land use decisions and any associated Type II decisions listed in Section 23.76.006 C2, except for the exclusion listed in subsection C1 of this section, shall be made within the following time periods:
(1) The Director shall issue a recommendation within one hundred twenty (120) days as that time period is calculated pursuant to subsection A of this section;
(2) The Hearing Examiner shall issue a decision within ninety (90) days of issuance of the Director's recommendation; and
(3) The Council shall issue its decision within ninety (90) days of receipt of the Hearing Examiner recommendation, except that if a timely appeal is filed with the City Clerk, the Council shall issue its decision within one hundred-twenty (120) days of receipt of the Hearing Examiner recommendation.
4. Any application for a land use decision that the Hearing Examiner or Council remands for further information or analysis shall be excluded from the time periods of subsection A of this section for the period of the remand. The Hearing Examiner or the Council shall set a reasonable period for the remand after consideration of the nature and complexity of the issues, and, when practicable, after consultation with the parties about the reasonableness of the remand period.
D. Type V Council land use decisions are legislative decisions to which subsection A of this section does not apply.
(Ord. 122497, § 5, 2007; Ord. 120857 § 1, 2002; Ord. 120157 § 5, 2000: Ord. 118012 § 24, 1996.)
Subchapter II 23.76.006 Master Use Permits required.
A. Type I, II and III decisions are components of Master Use Permits. Master Use Permits are required for all projects requiring one or more of these decisions.
B. The following decisions are Type I:
1. Determination that a proposal complies with development standards;
2. Establishment or change of use for uses permitted outright, temporary uses for four weeks or less not otherwise permitted in the zone, and temporary relocation of police and fire stations for 24 months or less;
3. The following street use approvals associated with a development proposal:
a. Curb cut for access to parking,
b. Concept approval of street improvements, such as additional on-street parking, street landscaping, curbs and gutters, street drainage, sidewalks, and paving,
c. Structural building overhangs,
d. Areaways;
4. Lot boundary adjustments;
5. Modification of the following features bonused under Title 24:
a. Plazas,
b. Shopping plazas,
c. Arcades,
d. Shopping arcades,
e. Voluntary building setbacks;
6. Determinations of Significance (determination that an environmental impact statement is required) for Master Use Permits and for building, demolition, grading and other construction permits (supplemental procedures for environmental review are established in Chapter 25.05, Environmental Policies and Procedures), except for Determinations of Significance based solely on historic and cultural preservation;
7. Discretionary exceptions for certain business signs authorized by Section 23.55.042D;
8. Waiver or modification of required right-of-way improvements;
9. Special accommodation pursuant to Section 23.44.015;
10. Reasonable accommodation;
11. Minor amendment to Major Phased Development Permit;
12. Determination of public benefit for combined lot development; and
13. Other Type I decisions that are identified as such in the Land Use Code.
C. The following are Type II decisions:
1. The following procedural environmental decisions for Master Use Permits and for building, demolition, grading and other construction permits are subject to appeal to the Hearing Examiner and are not subject to further appeal to the City Council (supplemental procedures for environmental review are established in SMC Chapter 25.05, Environmental Policies and Procedures):
a. Determinations of Nonsignificance (DNSs), including mitigated DNSs;
b. Determination that a final environmental impact statement (EIS) is adequate; and
c. Determination of Significance based solely on historic and cultural preservation.
2. The following decisions, including any integrated decisions to approve, condition or deny based on SEPA policies, are subject to appeal to the Hearing Examiner (except shoreline decisions and related environmental determinations which are appealable to the Shorelines Hearings Board):
a. Establishment or change of use for temporary uses more than four weeks not otherwise permitted in the zone or not meeting development standards, including the establishment of temporary uses and facilities to construct a light rail transit system for so long as is necessary to construct the system as provided in Section 23.42.040E, but excepting temporary relocation of police and fire stations for 24 months or less;
b. Short subdivisions;
c. Variances; provided that, variances sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;
d. Special exceptions; provided that, special exceptions sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;
e. Design review;
f. Administrative conditional uses; provided that, administrative conditional uses sought as part of a Type IV decision may be approved by the Council pursuant to Section 23.76.036;
g. The following shoreline decisions (supplemental procedures for shoreline decisions are established in Chapter 23.60):
(1) Shoreline substantial development permits,
(2) Shoreline variances,
(3) Shoreline conditional uses;
h. Major Phased Development;
i. Determination of project consistency with a planned action ordinance and EIS;
j. Establishment of light rail transit facilities necessary to operate and maintain a light rail transit system, in accordance with the provisions of Section 23.80.004;
k. Establishment of monorail transit facilities necessary to operate and maintain a monorail transit system, in accordance with the provisions of Section 23.80.004 and Section 15.54.020; and
l. Downtown planned community developments.
D. The following decision, including any integrated decision to approve, condition or deny based on SEPA policies, is a Type III decision made by the Hearing Examiner: subdivisions (preliminary plats).
(Ord. 122824, § 11, 2008; Ord. 122816, § 7, 2008; Ord. 122054 § 81, 2006; Ord. 121828 § 14, 2005; Ord. 121476 § 17, 2004; Ord. 121362 § 12, 2003; Ord. 121278 § 8, 2003; Ord. 120611 § 18, 2001; Ord. 119974 § 2, 2000; Ord. 119904 § 2, 2000; Ord. 119618 § 8, 1999; Ord. 119096 § 5, 1998; Ord. 118012 § 25, 1996; Ord. 117598 § 4, 1995; Ord. 117263 § 54, 1994; Ord. 117202 § 12, 1994; Ord. 116909 § 6, 1993; Ord. 115326 § 29, 1990; Ord. 113079 § 4, 1986; Ord. 112840 § 3, 1986; Ord. 112830 § 53, 1986; Ord. 112522 § 2(part), 1985.)
23.76.008 Preapplication conferences.
A. Prior to official filing with the Director of an application for a Master Use Permit requiring a Type II or III decision, the applicant may request or the Director may require a preapplication conference. The conference shall be held in a timely manner between a Department representative(s) and the applicant to determine the appropriate procedures and review criteria for the proposed project. Preapplication conferences may be subject to fees as established in Chapters 22.901A-22.901T, Permit Fee Subtitle.
B. Design Review. A preapplication conference between Department representative(s) and an applicant for a structure subject to design review, as provided in Chapter 23.41, shall be required. The Director may waive this preapplication conference requirement if an applicant demonstrates, to the Director's satisfaction, experience with Seattle's design review process which would render a preapplication conference unnecessary.
(Ord. 118012 § 26, 1996; Ord. 116909 § 7, 1993: Ord. 112522 § 2(part), 1985.)
23.76.010 Applications for Master Use Permits.
A. Applications for Master Use Permits shall be made by the property owner, lessee, contract purchaser, a City agency, or other public agency proposing a project the location of which has been approved by the City Council by ordinance or resolution, or by an authorized agent thereof. A Master Use Permit applicant shall designate a single person or entity to receive determinations and notices from the Director.
B. All applications for Master Use Permits shall be made to the Director on a form provided by the Department.
C. Applications shall be accompanied by payment of the applicable filing fees, if any, as established in Chapters 22.901A-22.901T, Permit Fee Subtitle.
D. All applications shall contain the submittal information required by the applicable sections of this Title 23, Land Use Code; SMC Title 15, Street and Sidewalk Use; SMC Chapter 25.05, SEPA Policies and Procedures; SMC Chapter 25.09, Regulations for Environmentally Critical Areas; SMC Chapter 25.12, Landmarks Preservation; SMC Chapter 25.16, Ballard Avenue Landmark District; SMC Chapter 25.20, Columbia City Landmark District; SMC Chapter 25.22, Harvard-Belmont Landmark District; SMC Chapter 25.24, Pike Place Market Historical District; and other codes as determined applicable by the Director. All shoreline substantial development, conditional use or variance applications shall also include applicable submittal information as specified in WAC 173-27-180. The following information shall also be required as further specified in the Director's Rule on Application Submittal Guidelines, unless the Director indicates in writing that specific information is not necessary for a particular application:
1. Property information including, but not limited to, address, legal description, Assessor's Parcel number, and project description;
2. A signed statement of financial responsibility from the applicant acknowledging financial responsibility for all applicable permit fees. If the application is made, in whole or in part, on behalf of the property's owner, lessee, and/or contract purchaser, then the statement of financial responsibility must also include a signed statement of the owner, lessee, and/or contract purchaser acknowledging financial responsibility for all applicable permit fees;
3. Scale drawings with all dimensions shown that include, but are not limited to, the following information:
a. Existing site conditions showing adjacent streets (by name), alleys or other adjacent public property, existing street uses, such as street trees and sidewalk displays, buildings and structures, open space and landscape, access driveways and parking areas,
b. Elevations and sections of the proposed new features,
c. Floor plans showing the proposed new features,
d. Drainage plan,
e. Landscape plan,
f. Right-of-way information showing any work proposed in the public right-of-way,
g. Identification on the site plan of all easements, deed restrictions, or other encumbrances restricting the use of the property, if applicable,
h. Parking layout and vehicular access,
i. Vicinity map,
j. Topographic map, and
k. Open space plan;
4. A statement whether the site includes or is adjacent to a nominated or designated City of Seattle landmark, or has been listed as eligible for landmark status by the state or federal governments, or is within a City of Seattle landmark or special review district. If the site includes a nominated or designated City of Seattle landmark, or is within a City of Seattle landmark or special review district, then the applicant must provide a copy of any application for any required certificate of approval that has been filed with the Department of Neighborhoods. If the site does not include a landmark and is not within a landmark or special review district, then the applicant must provide the following information:
a. Date the buildings on the site were constructed,
b. Name of the architect(s) or builder(s), and
c. For any building fifty (50) or more years old, clear exterior photos of all elevations of the building;
5. For all transmitting antennas, the applicant shall submit a signed copy of the Applicant's Statement of Federal Communications Commission (FCC) Compliance. If the transmitting antenna requires Seattle-King County Public Health Department review, the applicant must also submit a letter from the Public Health Department certifying that the facility does not exceed radio frequency radiation levels allowed by the FCC;
6. Information including technical reports, drawings, models or text, necessary to evaluate the development proposal, project site and potential environmental effects related to the following:
a. Soils and geology,
b. Grading,
c. Drainage,
d. Construction impacts,
e. Air quality,
f. Water quality,
g. Water discharge,
h. View impairment,
i. Energy consumption,
j. Animal habitat impacts,
k. Plant ecology, botany and vegetation,
l. Noise,
m. Release and disposal of toxic and hazardous materials,
n. Soil contamination,
o. Dredging,
p. Land use,
q. Housing,
r. Light and glare,
s. Shadow,
t. Aesthetics,
u. Use and demand on recreation facilities,
v. Vehicular traffic and circulation,
w. Parking,
x. Pedestrian circulation,
y. Circulation and movement of goods,
z. Traffic hazard,
aa. Demand on public service and utilities, and
bb. Identification of all development departures requested through the design review process.
E. Notice of Complete Application.
1. The Director shall determine whether an application is complete and shall notify the applicant in writing within twenty-eight (28) days of the application being filed whether the application is complete or that the application is incomplete and what additional information is required before the application will be complete. Within fourteen (14) days of receiving the additional information, the Director shall notify the applicant in writing whether the application is now complete or what additional information is necessary. An application shall be deemed to be complete if the Director does not notify the applicant in writing by the deadlines in this section that the application is incomplete. A determination that the application is complete is not a determination that the application is vested.
2. A Master Use Permit application is complete for purposes of this section when it meets the submittal requirements established by the Director in subsection D of this section and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Director from requesting additional information or studies either at the time the application is determined complete or subsequently, if additional information is required to complete review of the application or substantial changes in the permit application are proposed. A determination under this section that an application is complete for purposes of continued processing is not a determination that the application is vested. A vesting determination shall be made only when needed because of a change in applicable laws and shall entail review of the application for compliance with RCW 19.27.095, RCW 58.17.033, and SMC Section 23.76.026.
F. Failure to supply all required information or data within sixty (60) days of a written request may result in a notice of intent to cancel. When a Master Use Permit application and a building permit application for a project are being reviewed concurrently, and the applications are for a project vested to prior Land Use Code provisions, and the project does not conform with the codes in effect while it is being reviewed, cancellation of the Master Use Permit application under the provisions of this subsection shall cause the concurrent cancellation of the building permit application.
(Ord. 121476 § 18, 2004; Ord. 120857 § 2, 2002; Ord. 119904 § 3, 2000; Ord. 118794 § 47, 1997; Ord. 118012 § 27, 1996; Ord. 117570 § 20, 1995; Ord. 117430 § 80, 1994; Ord. 117263 § 55, 1994; Ord. 115751 § 1, 1991; Ord. 114473 § 2, 1989; Ord. 112522 § 2(part), 1985.)
23.76.011 Notice of early design guidance and planned community development process.
A. The Director shall provide the following notice for the required early design guidance process for design review projects and the preparation of priorities for planned community developments:
1. Publication of notice in the Land Use Information Bulletin; and
2. Mailed notice; and
B. The applicant shall post one (1) land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the Director shall require either more than one (1) sign and/or an alternative posting location so that notice is clearly visible to the public.
C. For the required meeting for the preparation of priorities for a planned community development, and for a public meeting required for early design guidance, the time, date, location and purpose of the meeting shall be included with the mailed notice.
D. The land use sign may be removed by the applicant the day after the public meeting.
(Ord. 122054 § 82, 2006; Ord. 121476 § 19, 2004; Ord. 118980 § 6, 1998: Ord. 118672 § 24, 1997: Ord. 116909 § 8, 1993.)
23.76.012 Notice of application.
A. Notice.
1. Type I Notification. No notice shall be required for Type I decisions.
2. Type II and III Notification. When a Master Use Permit application requiring a Type II or III decision is submitted, the Director shall provide notice of application and an opportunity for public comment as described in this section. Notice of application for Type II and III decisions shall be provided within fourteen (14) days after a determination of completeness.
a. Other Agencies with Jurisdiction. To the extent known by the Director, other agencies of local, state or federal governments that may have jurisdiction over some aspect of the project shall be sent notice.
b. Early Review Determination of Nonsignificance (DNS). In addition to the requirement under subsection A2a above, a copy of the early review DNS notice of application and environmental checklist shall also be sent to the following:
(1) State Department of Ecology;
(2) Affected Tribes;
(3) Each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and
(4) Anyone requesting a copy of this information.
B. Types of Notice Required.
1. For projects subject to environmental review, or design review, except administrative design review, the department shall direct the installation of an environmental review sign on the site, unless an exemption or alternative posting as set forth in this subsection is applicable. The environmental review sign shall be located so as to be clearly visible from the adjacent street or sidewalk, and shall be removed at the direction of the department after final City action on the application has been completed.
a. In the case of submerged land, the environmental review sign shall be posted on adjacent dry land, if any, owned or controlled by the applicant. If there is no adjacent dry land owned or controlled by the applicant, notice shall be provided according to subsection B1c.
b. Projects limited to interior remodeling, or which are subject to environmental review only because of location over water or location in an environmentally critical area, are exempt from the environmental review sign requirement.
c. When use of an environmental review sign is neither feasible nor practicable to assure that notice is clearly visible to the public, the Director shall post ten (10) placards within three hundred (300) feet of the site and at the closest street intersections when one (1) or more of the following conditions exist:
(1) The project site is over five (5) acres;
(2) The applicant is not the property owner, and the property owner does not consent to the proposal;
(3) The site is subject to physical characteristics such as steep slopes or is located such that the environmental review sign would not be highly visible to neighboring residents and property owners or interested citizens.
d. The Director may require both an environmental review sign and the alternative posting measures described in subsection B1c, or may require that more than one (1) environmental review sign be posted, when necessary to assure that notice is clearly visible to the public.
2. For projects that are categorically exempt from environmental review, the department shall post one (1) land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the Director may post more than one (1) sign and/or an alternative posting location so that notice is clearly visible to the public. The land use sign may be removed by the applicant within fourteen (14) days after final action on the application has been completed.
3. For all projects requiring notice of application, the Director shall provide notice in the Land Use Information Bulletin. For projects subject to the environmental review, notice in the Land Use Information Bulletin shall be published after installation of the environmental review sign.
4. In addition, for variances, administrative conditional uses, temporary uses for more than four (4) weeks, shoreline variances, shoreline conditional uses, short plats, early design guidance process, School Use Advisory Committee (SUAC) formation and school development standard departure, the Director shall provide mailed notice.
5. Mailed notice of application for a project subject to design review or administrative design review shall be provided to all persons establishing themselves as parties of record by attending an early design guidance public meeting for the project or by corresponding with the Department about the proposed project before the date of publication.
6. Additional notice for subdivisions shall include mailed notice and publication in at least one (1) community newspaper in the area affected by the subdivision.
C. Contents of Notice.
1. The City's official notice of application shall be the notice placed in the Land Use Information Bulletin, which shall include the following required elements as specified in RCW 36.70B.110;
a. Date of application, date of notice of completion for the application, and the date of the notice of application;
b. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested by the Director;
c. The identification of other permits not included in the application to the extent known by the Director;
d. The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed;
e. A statement of the public comment period and the right of any person to comment on the application, request an extension of the comment period, receive notice of and participate in any hearings, and request a copy of the decision once made, and a statement of any administrative appeal rights;
f. The date, time, place and type of hearing, if applicable and if scheduled at the date of notice of the application;
g. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and the proposed project's consistency with development regulations;
h. Any other information determined appropriate by the Director; and
i. The following additional information when the early review DNS process is used;
(1) A statement that the early review DNS process is being used and the Director expects to issue a DNS for the proposal,
(2) A statement that this is the only opportunity to comment on the environment impacts of the proposal,
(3) A statement that the proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared, and
(4) A statement that a copy of the subsequent threshold determination for the proposal may be obtained upon request.
2. All other additional forms of notice, including, but not limited to environmental review and land use signs, placards and mailed notice, shall include the following information: the project description, location of the project, date of application, location where the complete application file may be reviewed, and a statement that persons who desire to submit comments on the application or who request notification of the decision may so inform the Director in writing within the comment period specified in subsection D of this section. The Director may, but need not, include other information to the extent known at the time of notice of application. Except for the environmental review sign requirement, each notice shall also include a list of the land use decisions sought. The Director shall specify detailed requirements for environmental review and land use signs.
D. Comment Period. The Director shall provide a fourteen (14) day public comment period prior to making a threshold determination of nonsignificance (DNS) or issuing a decision on the project; provided, that the comment period shall be extended by fourteen (14) days if a written request for extension is submitted within the initial fourteen (14) day comment period; provided further that the comment period shall be thirty (30) days for applications requiring shoreline decisions except, that for limited utility extensions and bulkheads subject to Section 23.60.065 of Title 23, the comment period shall be twenty (20) days as specified in that section. The comment period shall begin on the date notice is published in the Land Use Information Bulletin. Comments shall be filed with the Director by five (5:00) p.m. of the last day of the comment period. When the last day of the comment period is a Saturday, Sunday or federal or City holiday, the comment period shall run until five (5:00) p.m. the next business day. Any comments received after the end of the official comment period may be considered if material to review yet to be conducted.
E. When a Master Use Permit application includes more than one (1) decision component, notice requirements shall be consolidated and the broadest applicable notice requirements imposed.
(Ord. 121477 § 46, 2004; Ord. 121476 § 20, 2004; Ord. 119096 § 6, 1998; Ord. 118980 § 7, 1998; Ord. 118794 § 48, 1997; Ord. 118672 § 25, 1997; Ord. 118181 § 4, 1996; Ord. 118012 § 28, 1996; Ord. 117789 § 9, 1995; Ord. 116909 § 9, 1993; Ord. 115244 § 1, 1990; Ord. 112522 § 2(part), 1985.)
23.76.014 Notice of scoping and draft EIS.
When a Determination of Significance (DS) is issued on a Master Use Permit application, the following notice and comment procedures shall apply:
A. Scoping.
1. The Director shall determine the range of proposed actions, alternatives and impacts to be discussed in an EIS, as provided by SMC Section 25.05.408, Scoping, and/or Section 25.05.410, Expanded scoping. A comment period at least twenty-one (21) days from the date of DS issuance shall be provided.
2. Notice of scoping and of the period during which the Director will accept written comments shall be provided by the Director in the following manner:
a. Land Use Information Bulletin;
b. Publication in the City official newspaper;
c. Submission of the Land Use Information Bulletin to at least one (1) community newspaper in the area affected by the proposal;
d. Mailed notice to those organizations and individuals who have submitted a written request for it;
e. Posting in the Department; and
f. Filing with the SEPA Public Information Center.
3. The Director shall also circulate copies of the DS as required by SMC Section 25.05.360.
B. Draft EISs.
1. Notice of the availability of a draft EIS, of the thirty (30) day period during which the Department will accept comments, of the public hearing on the draft EIS and any other Department public hearing as provided in SMC Section 23.76.016 shall be provided by the Director in the following manner:
a. Land Use Information Bulletin;
b. Publication in the City official newspaper;
c. Submission of the Land Use Information Bulletin to at least one (1) community newspaper in the area affected by the proposal;
d. Mailed notice, including notice to those organizations and individuals who have submitted a written request for it;
e. Posting notice in the Department; and
f. Filing with the SEPA Public Information Center.
2. Notice of the public hearing shall be given by the Director at least twenty-one (21) days prior to the hearing date.
3. The Director shall also distribute copies of the draft EIS as required by SMC Section 25.05.455.
(Ord. 121477 § 47, 2004; Ord. 118012 § 29, 1996: Ord. 112522 § 2(part), 1985.)
23.76.015 Public meetings.
A. Type II and III Decisions. The Director may hold a public meeting on Master Use Permit applications requiring Type II or III decisions when:
1. The meeting is otherwise provided for in this title;
2. The proposed development is of broad public significance;
3. Fifty (50) or more persons file a written request for a meeting not later than the fourteenth day after notice of the application is provided; or
4. The proposed development will require a shoreline conditional use or a shoreline variance.
B. The Director may combine a public meeting on a project application with any other public meetings that may be held on the project by another local, state, regional, federal or other agency provided that the meeting is held within The City of Seattle. If requested by an applicant, a joint meeting shall be held, provided that the joint meeting can be held within the time periods specified in SMC Section 23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the meeting.
(Ord. 120157 § 6, 2000; Ord. 118012 § 30, 1996.)
23.76.016 Public hearings.
A. Draft EIS. As required by Chapter 25.05, SEPA Policies and Procedures, a public hearing shall be held by the Director on all draft EISs for which the Department is the Lead Agency. The hearing shall occur no earlier than twenty-one (21) days from the date the draft EIS is issued nor later than fifty (50) days from its issuance. The Director may hold the hearing near the site of the proposed project.
B. The Director may combine a public hearing on a project application with any other public hearings that may be held on the project by another local, state, regional, federal or other agency provided that the hearing is held within The City of Seattle. If requested by an applicant, a joint hearing shall be held, provided that the joint hearing can be held within the time periods specified in SMC Section 23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the hearing.
(Ord. 120157 § 7, 2000; Ord. 118012 § 31, 1996: Ord. 117570 § 21, 1995; Ord. 112522 § 2(part), 1985.)
23.76.018 Notice of final EIS.
A. Notice of the availability of any final EIS on a proposed project shall be provided by the Director in the following manner:
1. General Mailed Release;
2. Publication in the City official newspaper;
3. Submission of the General Mailed Release to at least one (1) community newspaper in the area affected by the proposal;
4. Mailed notice to those organizations and individuals who have made a written request for it, and to anyone who received or commented on the draft EIS;
5. Posting in the Department; and
6. Filing with the SEPA Public Information Center.
B. The Director shall also distribute copies of the final EIS as required by SMC Section 25.05.460.
(Ord. 112522 § 2(part), 1985.)
23.76.019 Time required for preparation of an EIS.
The time required to prepare an environmental impact statement associated with a Master Use Permit application shall be agreed to by the Director and applicant in writing. Unless otherwise agreed to by the applicant, a final environmental impact statement shall be issued by the Director within one (1) year following the issuance of a Determination of Significance for the proposal, unless the EIS consultant advises that a longer time period is necessary. In that case, the additional time shall be that recommended by the consultant, not to exceed an additional year.
(Ord. 118012 § 32, 1996: Ord. 117430 § 81, 1994.)
23.76.020 Director's decisions.
A. Master Use Permit Review Criteria. The Director shall grant, deny, or conditionally grant approval of a Type II decision based on the applicant's compliance with the City's SEPA Policies pursuant to SMC Section 25.05.660, and with the applicable substantive requirements of the Seattle Municipal Code which are in effect at the time the Director issues a decision. If an EIS is required, the application shall be subject to only those SEPA Policies in effect when the Draft EIS is issued. The Director may also impose conditions in order to mitigate adverse environmental impacts associated with the construction process.
B. Timing of Decisions Subject to Environmental Review.
1. If an EIS has been required, the Director's decision shall not be issued until at least seven (7) days after publication of the final EIS, as provided by Chapter 25.05, SEPA Policies and Procedures.
2. If no EIS is required, the Director's decision shall include issuance of a DNS for the project if not previously issued pursuant to Section 25.05.310 C2.
C. Notice of Decisions.
1. Type I. No notice of decision is required for Type I decisions.
2. Type II. The Director shall provide notice of all Type II decisions as follows:
a. A list of all Type II decisions shall be compiled and published in the City official newspaper within seven (7) days of the date the decision is made. This list and the date of its publication shall also be posted in a conspicuous place in the Department and shall be included in the Land Use Information Bulletin. Notice shall also be mailed to the applicant and to interested persons who have requested specific notice in a timely manner or who have submitted substantive comments on the proposal, and shall be submitted in a timely manner to at least one (1) community newspaper in the area affected by the proposal.
b. DNSs shall also be filed with the SEPA Public Information Center.
c. If the Director's decision includes a mitigated DNS or other DNS requiring a fourteen (14) day comment period pursuant to SMC Chapter 25.05, Environmental Policies and Procedures, the notice of decision shall include notice of the comment period. The Director shall distribute copies of the DNS as required by SMC Section 25.05.340.
d. Any shoreline decision in a Master Use Permit shall be filed with the Department of Ecology according to the requirements contained in WAC 173-27-130. A shoreline decision on limited utility extensions and bulkheads subject to Section 23.60.065 shall be issued within twenty-one (21) days of the last day of the comment period as specified in that section.
e. The notice of the Director's decision shall state the nature of the applicant's proposal, a description sufficient to locate the property, and the decision of the Director. The notice shall also state that the decision is subject to appeal and shall describe the appropriate appeal procedure.
(Ord. 121477 § 48, 2004; Ord. 119096 § 7, 1998; Ord. 118794 § 49, 1997; Ord. 118012 § 33, 1996; Ord. 112522 § 2(part), 1985.)
23.76.022 Administrative appeals.
A. Appealable Decisions.
1. Type I decisions as listed in SMC Section 23.76.006 B are not subject to appeal.
2. All Type II decisions as listed in SMC Section 23.76.006 C shall be subject to an administrative open record appeal as described in this section.
B. Shoreline Appeal Procedures. Appeal of the Director's decision to issue, condition, or deny a shoreline substantial development permit, shoreline variance, or shoreline conditional use as a part of a Master Use Permit must be filed by the appellant with the Shorelines Hearings Board in accordance with the provisions of the Shoreline Management Act of 1971, RCW Chapter 90.58, and the rules established under its authority, WAC 173-27. Appeals of related environmental actions, including DNS's, determination that an EIS is adequate, and the decision to grant, condition or deny the shoreline proposal based on the City's SEPA Policies pursuant to SMC Section 25.05.660, shall be consolidated in the appeal to the Shorelines Hearing Board. Appeal of a decision for limited utility extensions and bulkheads subject to Section 23.60.065 of Title 23 shall be finally determined within thirty (30) days as specified in that section.
C. Hearing Examiner Appeal Procedures.
1. Consolidated Appeals. All appeals of Type II Master Use Permit decisions other than shoreline decisions shall be considered together in a consolidated hearing before the Hearing Examiner.
2. Standing. Appeals may be initiated by any person significantly affected by or interested in the permit.
3. Filing of Appeals.
a. Appeals shall be filed with the Hearing Examiner by five (5:00) p.m. of the fourteenth calendar day following publication of notice of the decision; provided, that when a fourteen (14) day DNS comment period is required pursuant to SMC Chapter 25.05, appeals may be filed until five (5:00) p.m. of the twenty-first calendar day following publication of notice of the decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until five (5:00) p.m. on the next business day. The appeal shall be in writing and shall clearly identify each component of a Type II Master Use Permit being appealed. The appeal shall be accompanied by payment of the filing fee as set forth in SMC Section 3.02.125, Hearing Examiner filing fees. Specific objections to the Director's decision and the relief sought shall be stated in the written appeal.
b. In form and content, the appeal shall conform with the rules of the Hearing Examiner.
c. The Hearing Examiner shall not accept any request for an interpretation included in the appeal unless it complies with the requirements of Section 23.88.020 C3c.
4. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may have a conference prior to the hearing in order to entertain pre-hearing motions, clarify issues, or consider other relevant matters.
5. Notice of Hearing. Notice of the hearing on the appeal shall be mailed by the Director at least twenty (20) days prior to the scheduled hearing date to parties of record and those requesting notice. Notice shall also be included in the next Land Use Information Bulletin.
6. Scope of Review. Appeals shall be considered de novo, The Hearing Examiner shall entertain issues cited in the appeal which relate to compliance with the procedures for Type II decisions as required in this chapter, compliance with substantive criteria, determinations of nonsignificance (DNSs), adequacy of an EIS upon which the decision was made, or failure to properly approve, condition or deny a permit based on disclosed adverse environmental impacts and any requests for an interpretation included in the appeal or consolidated appeal pursuant to Section 23.88.020 C3.
7. Standard of Review. The Director's decisions made on a Type II Master Use Permit shall be given substantial weight, except for determinations on variances, conditional uses, and special exceptions, which shall be given no deference.
8. The Record. The record shall be established at the hearing before the Hearing Examiner. The Hearing Examiner shall either close the record after the hearing or leave it open to a specified date for additional testimony, written argument or exhibits.
9. Postponement or Continuance of Hearing. The Hearing Examiner shall not grant requests for postponement or continuance of an appeal hearing to allow an applicant to proceed with an alternative development proposal under separate application, unless all parties to the appeal agree in writing to such postponement or continuance.
10. Hearing Examiner's Decision. The Hearing Examiner shall issue a written decision within fifteen (15) days after closing the record. The Hearing Examiner may affirm, reverse, remand or modify the Director's decision. Written findings and conclusions supporting the Hearing Examiner's decision shall be made. The Director and all parties of record shall be bound by the terms and conditions of the Hearing Examiner's decision.
11. Notice of Hearing Examiner Decision. The Hearing Examiner's decision shall be mailed by the Hearing Examiner on the day the decision is issued to the parties of record and to all those requesting notice. If environmental issues were raised in the appeal, the decision shall also be filed with the SEPA Public Information Center. The decision shall contain information regarding judicial review. To the extent such information is available to the Hearing Examiner's the decision shall contain the name and address of the owner of the property at issue, of the applicant, and of each person who filed an appeal with the Hearing Examiner, unless such person abandoned the appeal or such person's claims were dismissed before the hearing.
12. Appeal of Hearing Examiner's Decision. The Hearing Examiner's decision shall be final and conclusive unless the Hearing Examiner retains jurisdiction or the decision is reversed or remanded on judicial appeal. Any judicial review must be commenced within twenty-one (21) days of issuance of the Hearing Examiner's decision, as provided by RCW 36.70C.040, or if the appeal concerns a decision on personal wireless service, the appeal shall be filed within thirty (30) days of the Hearing Examiner's or Council's final decision.
(Ord. 121477 § 49, 2004; Ord. 120928 § 42, 2002; Ord. 119096 § 8, 1998; Ord. 118794 § 50, 1997; Ord. 118012 § 34, 1996; Ord. 117789 § 10, 1995; Ord. 117263 § 56, 1994; Ord. 112522 § 2(part), 1985.)
23.76.023 Report and recommendation of the Director on subdivisions.
A. The Director shall prepare a written report on subdivision applications. The report shall include:
1. The written recommendations or comments of any affected City departments and other governmental agencies having an interest in the application;
2. Responses to written comments submitted by interested citizens;
3. An evaluation of the proposal based on the standards and criteria for subdivisions contained in SMC Chapter 23.22;
4. All environmental documentation, including any checklist, EIS or DNS; and
5. The Director's recommendation to approve, approve with conditions, or deny the application.
B. A DNS or the Director's determination that an EIS is adequate shall be subject to appeal pursuant to the procedures in subsection C of Section 23.76.022.
C. The Director's report shall be submitted to the Hearing Examiner and made available for public inspection at least thirty (30) days prior to the Hearing Examiner's public hearing described in Section 23.76.024.
(Ord. 120691 § 28, 2001; Ord. 118012 § 35, 1996.)
23.76.024 Hearing Examiner open record hearing and decision for subdivisions
A. Consolidation with Environmental Appeal. The Hearing Examiner shall conduct a public hearing, which shall constitute a hearing by the Council on the application for preliminary approval of the subdivision. At the same hearing the Hearing Examiner shall also hear any appeals of the Director's procedural environmental determination (determination of nonsignificance or determination of adequacy of a final environmental impact statement) and other Type II decisions.
B. The Hearing Examiner may combine a public hearing on a project application with any other public hearings that may be held on the project by another local, state, regional, federal or other agency provided that the hearing is held within The City of Seattle. If requested by an applicant, a joint hearing shall be held, provided that the joint hearing can be held within the time periods specified in SMC Section 23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the hearing.
C. Notice. The Director shall give notice of the Hearing Examiner's hearing, the Director's environmental determination, and of the availability of the Director's report at least thirty (30) days prior to the hearing by:
1. Land Use Information Bulletin;
2. Publication in the City official newspaper and in at least one (1) community newspaper in the area affected by the proposal;
3. Mailed notice and written notice mailed to:
a. The applicant and each of the recipients of the preliminary plat listed in Section 23.22.024, and
b. All owners of real property located within three hundred (300) feet of any portion of the boundaries of another parcel or other parcels of real property lying adjacent to the property to be subdivided, if the owner of the property to be subdivided owns such adjacent parcel or parcels;
4. Posting in the Department.
D. Request for Further Consideration and Appeal. Any person significantly interested in or affected by the proposed subdivision may request further consideration of the Director's recommendation and may appeal the Director's procedural environmental determination and other Type II decisions. Such request for further consideration or appeal:
1. Shall be in writing, shall clearly state specific objections to the recommendation or environmental determination, and shall state the relief sought;
2. Shall be submitted to the Hearing Examiner by 5 p.m. of the fourteenth calendar day following publication of notice of the Director's report, provided that when a 14-day DNS comment period is required pursuant to Chapter 25.05, appeals may be filed until 5 p.m. of the twenty-first calendar day following publication of notice of the decision. If the last day of the appeal period so computed is a Saturday, Sunday or federal or City holiday, the period runs until 5 p.m. the next business day. The request or appeal shall be accompanied by payment of any filing fee set forth in Section 3.02.125, Hearing Examiner filing fees, and in form and content shall conform with the rules of the Hearing Examiner.
E. Notice of Appeals and Requests for Further Consideration. The Hearing Examiner promptly shall mail notice of the filing of all requests for further consideration and appeals to all parties of record and to those requesting notice.
F. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may conduct a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other relevant matters.
G. Written Comments. Written comments on the proposed subdivision and the Director's report and recommendation may be sent to the Hearing Examiner. Only those received prior to the conclusion of the hearing shall be considered by the Hearing Examiner.
H. Hearing.
1. The Hearing Examiner shall limit the evidence, comments, and argument at the combined hearing to those issues that are fairly raised in any written request for further consideration or appeal, as clarified at any pre-hearing conference, and that are relevant to:
a. The compliance of the proposed subdivision with the procedures and standards of this chapter and SMC Chapter 23.22;
b. The appropriateness of any mitigation or denial pursuant to the City's SEPA policies; and
c. The correctness of the Director's procedural environmental determination and other Type II decisions. Appeals of the Director's decisions shall be considered do novo, but the Director's determination shall be given substantial weight.
2. The Hearing Examiner shall establish the record at the hearing. The Hearing Examiner may either close the record after the hearing or leave it open to a specified date to receive additional testimony, exhibits, or written argument.
I. Decision. From the information gained at the hearing, from timely written comments submitted to the Department or the Hearing Examiner, and from the report and recommendation of the Director, all of which shall be made part of the record, the Hearing Examiner shall issue a decision to approve, approve with conditions, remand, or deny the proposed subdivision. On any appeal, the Hearing Examiner may affirm, reverse, remand or modify the Director's decision. These decisions shall be in writing, include findings and conclusions, and be issued within ten (10) working days of the close of the record, unless a longer period is agreed to among the parties.
J. Effect of the Hearing Examiner Decision. The Hearing Examiner's decision shall be final and conclusive unless the Hearing Examiner retains jurisdiction or the decision is reversed or remanded on appeal or appealed to the Shorelines Hearings Board. Any judicial review of decisions not appealable to the Shorelines Hearings Board must be commenced within twenty-one (21) days of issuance of the decision, as provided by RCW 36.70C.040. Pursuant to RCW 58.17.330, the Hearing Examiner's decision on an application for a subdivision shall have the effect of a final decision of the City Council.
K. Distribution of Decision. On the same date that the Hearing Examiner files its decision with the City Clerk, copies of the decision shall be provided by the Hearing Examiner to the applicant, to the Director, to the Director of Transportation, to all persons testifying or submitting information at the hearing, to all persons who submitted substantive comments on the application to either the Director or the Hearing Examiner, and to all those who request a copy.
23.76.032 Expiration and renewal of Type I and II Master Use Permits
A. Expiration.
1. An issued Type I or II Master Use Permit expires three years from the date a permit is approved for issuance as described in Section 23.76.028, except as follows:
a. A Master Use Permit with a shoreline component expires pursuant to WAC 173-27-090.
b. A variance component of a Master Use Permit expires as follows:
1) Variances for access, yards, setback, open space, or lot area minimums granted as part of a short plat or lot boundary adjustment run with the land in perpetuity as recorded with the Director of the King County Department of Records and Elections.
2) Variances granted as separate Master Use Permits pursuant to subsection 23.76.004.G expire three years from the date the permit is approved for issuance as described in Section 23.76.028 or on the effective date of any text amendment making more stringent the development standard from which the variance was granted, whichever is sooner. If a Master Use Permit to establish the use is granted within this period, the variance's expiration date shall be extended until the expiration date established for the use approval.
c. The time during which litigation is pending related to the Master Use Permit or the property subject to the permit made it reasonable not to submit an application for a building permit, or to establish a use if a building permit is not required, is not included in determining the expiration date of the Master Use Permit.
d. Master Use Permits with a Major Phased Development or Planned Community Development component under Section 23.47A.007, 23.50.015 or 23.49.036 expire as follows:
1) For the first phase, three years from the date the permit is approved for issuance;
2) For subsequent phases, expiration shall be determined at the time of permit issuance.
e. Temporary or intermittent use permits issued pursuant to Section 23.42.040 expire on the date stated in the permit.
f. Except as otherwise provided in this subsection 23.76.032.A.1.f, Master Use Permits for development pursuant to Sections 23.49.180 and 23.49.181 expire on the date set by the Director in the Master Use Permit decision, which date may be a maximum of 15 years from the date the Master Use Permit is ready to issue. The Director shall consider the complexity of the project, economic conditions of the area in which the project is located, and the construction schedule proposed by the applicant in setting the expiration date. If no expiration date is set in the Master Use Permit decision, the expiration date is three years from the date a permit is approved for issuance.
1) In order for the Director to set the Master Use Permit expiration date, the applicant shall:
a) Submit with the application a site plan showing a level of detail sufficient to assess anticipated impacts of the completed project; and,
b) Submit a proposed schedule for complying with the conditions necessary to gain the amount of extra floor area and the extra height sought for the project.
2) The expiration date of the Master Use Permit may be extended past the expiration date set in the Master Use Permit decision or the date established in subsection 23.76.032.A.1.f if:
a) On the expiration date stated in the Master Use Permit decision, a building permit for the entire development has been issued and has not expired, in which case the Master Use Permit shall expire when the building permit expires, or
b) A complete application for a building permit that either is for the entire development proposed pursuant to section 23.49.180 or is for construction to complete the entire development proposed pursuant to section 23.49.180 is:
i) submitted at least 60 days before the expiration date of the Master Use Permit; and
ii) made sufficiently complete to constitute a fully complete building permit application as defined in the Seattle Building Code, or for a highrise structure regulated under Section 403 of the Seattle Building Code, made to include the complete structural frame of the building and schematic plans for the exterior shell of the building, in either case before the expiration date of the Master Use Permit, in which case the Master Use Permit shall expire when the building permit issued pursuant to the application expires or when the application for a building permit is canceled or withdrawn.
g. For a Master Use Permit that is either issued or approved for issuance after June 1, 2006 and that is not subject to subsection 23.76.032.A.1.a, 23.76.032.A.1.c, or 23.76.032.A.1.e, the applicant or permit holder may elect in writing to have the Master Use Permit expire pursuant to this subsection 23.76.032.A.1.g. A Master Use Permit subject to this subsection 23.76.032.A.1.g expires six years from the date a permit is or was approved for issuance as described in Section 23.76.028, except as follows:
1) A variance component of a Master Use Permit expires as follows:
a) Variances for access, yards, setback, open space, or lot area minimums granted as part of a short plat or a lot boundary adjustment run with the land in perpetuity as recorded with the Director of the King County Department of Records and Elections.
b) Variances granted as separate Master Use Permits pursuant to Section 23.76.004.G expire six years from the date the permit is approved for issuance as described in Section 23.76.028 or on the effective date of any text amendment making more stringent the development standard from which the variance was granted, whichever is sooner. If a Master Use Permit to establish the use is granted within this period, the variance expires on the expiration date of the use approval.
2) Master Use Permits with a Major Phased Development or Planned Community Development component under Section 23.47A.007, 23.50.015 or 23.49.036 expire as follows:
a) For the first phase, six years from the date the permit is approved for issuance;
b) For subsequent phases, expiration shall be stated in the permit.
2. On the expiration date determined as provided in subsection 23.76.032.A.1, a Master Use Permit expires unless one of the conditions in this subsection 23.76.032.A.2 exists:
a. A building permit is issued before the expiration date, in which case the MUP shall be extended for the life of the building permit, or
b. An application for a building permit is:
1) submitted at least 60 days before the expiration date; and
2) prior to the expiration date:
i) made sufficiently complete to constitute a fully complete building permit application as defined in the Seattle Building Code, or
ii) if the application is for construction of a part of a building or structure pursuant to Exception 1 of Seattle Building Code Section 106.6.3, the application includes plans for the complete structural frame of the building and schematic plans for the exterior shell of the building; and
3) subsequently issued. In such cases, the Master Use Permit shall be extended for the life of the building permit.
c. For projects that do not require a building permit, the use has been established prior to the expiration date of the Master Use Permit and is not terminated by abandonment or otherwise. In such cases the Master Use Permit does not expire.
d. The Master Use Permit is renewed pursuant to subsection 23.76.032.B.
e. A Major Phased Development or Planned Community Development component is part of the Master Use Permit, in which case subsection 23.76.032.A.1.d applies.
f. The Master Use Permit was for development subject to Section 23.49.180, in which case the provisions in subsection 23.76.032.A.1.f apply.
B. Renewal.
1. Except for major phased development permits, the Director shall renew issued Master Use Permits for projects that are in conformance with applicable regulations, including land use and environmentally critical areas regulations, and SEPA policies in effect at the time renewal is sought. Except as provided in subsections 23.76.032.B.2 and 23.76.032.B.3 below, Master Use Permit renewal is for a period of two years. A Master Use Permit shall not be renewed beyond a period of five years from the original date the permit is approved for issuance. The Director shall not renew issued Master Use Permits for projects that are not in conformance with applicable regulations, including land use and environmentally critical areas regulations, or SEPA policies in effect at the time renewal is sought.
2. If an application for a building permit is:
a. submitted at least 60 days before the end of the two year term of renewal;
b. made sufficiently complete to meet the requirements of Section 106 of the Seattle Building Code or, if the application is for construction of a part of a building or structure pursuant to Exception 1 of Seattle Building Code Section 106.6.3, the application is made to include plans for the complete structural frame of the building and schematic plans for the exterior shell of the building; and
c. subsequently issued,
the Master Use Permit shall be extended for the life of the building permit.
3. The Director may renew a Master Use Permit for the temporary relocation of police and fire stations issued pursuant to Section 23.42.040 for a period not to exceed 12 months.
(Ord. No. 123176, § 2, 2009; Ord. 123034, § 13, 2009; Ord. 122816, § 8, 2008; Ord. 122311, § 97, 2006; Ord. 122054 § 83, 2006; Ord. 121112 § 4, 2003.)
1. Editor's Note: The Seattle Building Code, adopted by Section 22.100.010, is on file in the City Clerk's office.
Editor's Note: Section 3 of Ord. 123176 contains the following language:
Subsection 23.76.032.A.1.g, which subsection is added by this Council Bill 116715, expires on December 31, 2012. Notwithstanding the expiration of subsection 23.76.032.A.1.g on December 31, 2012, a Type I or Type II Master Use Permit that is issued or approved for issuance prior to December 31, 2012 and for which the applicant or the permit holder has elected prior to December 31, 2012 to have subsection 23.76.032.A.1.g apply, expires as provided in subsection 23.76.032.A.1.g.
23.76.034 Suspension and revocation of Master Use Permits.
A. A Master Use Permit may be revoked or suspended by the Director if any of the following conditions are found:
1. The permittee has developed the site in a manner not authorized by the permit; or
2. The permittee has not complied with the conditions of the permit; or
3. The permittee has secured the permit with false or misleading information; or
4. The permit was issued in error.
B. Whenever the Director determines upon inspection of the site that there are grounds for suspending or revoking a permit, the Director may order the work stopped; provided that any shoreline component of a Master Use Permit shall not be revoked until a public hearing has been held pursuant to the procedures set forth in SMC Section 23.60.078. A written stop work order shall be served on the person(s) doing or causing the work to be done. All work shall then be stopped until the Director finds that the violations and deficiencies have been rectified. Written notice of the stop work order shall be mailed to all persons who have expressed a complaint leading to the stop work order.
C. The procedures for appealing a stop work order for all Master Use Permit components other than shoreline components shall be as follows:
1. Persons who receive a stop work order issued under subsection B above may appeal the order to the Hearing Examiner. Appeals shall be filed with the Hearing Examiner by five (5:00) p.m. of the fifteenth calendar day following service of the stop work order. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until five (5:00) p.m. on the next business day.
2. The Hearing Examiner shall hold a public hearing on the appeal of the Director's decision in order to review the facts and determine whether grounds for revocation or suspension exist.
3. Notice of hearing shall be provided at least twenty (20) days prior to hearing by written notice to the permittee and to any persons who have expressed a complaint leading to the stop work order.
4. The Hearing Examiner's decision shall be issued within fifteen (15) days following the hearing.
5. The Hearing Examiner shall give notice of the decision in writing to the permittee, the Director and to persons who have made a request in a timely manner.
(Ord. 117263 § 57, 1994; Ord. 112522 § 2(part), 1985.)
Subchapter III Part 1 Application and DPD Review
23.76.036 Council decisions required.
A. Quasi-judicial decisions.
1. The Council shall make the following Type IV Council land use decisions, including any integrated decisions to approve, condition or deny based on SEPA Policies, and any associated Type II decisions listed in Section 23.76.006C2:
a. Amendments to the Official Land Use Map, including changes in overlay districts and shoreline environment redesignations, except area-wide amendments, and except adjustments pursuant to Section 23.69.023;
b. Public projects that require Council approval;
c. Major Institution master plans, including major amendments as defined in Section 23.69.035 and renewal of a master plan's development plan component pursuant to Section 23.69.036;
d. Council conditional uses; and
e. Major amendments to Property Use and Development Agreements pursuant to Section 23.76.058.
2. The Council shall also make the following quasi-judicial decisions:
a. Minor amendments to Property Use and Development Agreements; and
b. Extensions of Type IV land use decisions pursuant to Section 23.76.060.
B. Council action is required for the following Type V land use decisions:
1. Area-wide amendments to the Official Land Use Map;
2. Amendments to the text of Title 23, Land Use Code;
3. Concept approval for the location or expansion of City facilities requiring Council land use approval by Title 23, Land Use Code;
4. Major Institution designations and revocations of Major Institution designations;
5. Waiver or modification of development standards for City facilities;
6. Planned action ordinances; and
7. Corrections of errors on the official Land Use Map due to cartographic and clerical mistakes.
(Ord. 122497, § 6, 2007; Ord. 122054 § 84, 2006; Ord. 121477 § 52, 2004; Ord. 120691 § 29, 2001; Ord. 120609 § 16, 2001: Ord. 119096 § 9, 1998; Ord. 18672 § 26, 1997; Ord. 118012 § 41, 1996; Ord. 117570 § 23, 1995: Ord. 115165 § 11, 1990; Ord. 115002 § 15, 1990; Ord. 112522 § 2(part), 1985.)
23.76.038 Pre-application conferences.
Prior to official filing with the Director of an application for a Type IV decision, the applicant may request or the Director may require a pre-application conference. The conference shall be held in a timely manner between a Department representative(s) and the applicant to determine the appropriate procedures and review criteria for the proposed project. Pre-application conferences may be subject to fees as established in SMC Chapters 22.901A-22.901T, Permit Fee Subtitle.
(Ord. 118012 § 42, 1996: Ord. 112522 § 2(part), 1985.)
23.76.040 Applications for Council land use decisions.
A. Applications for Type IV and V decisions shall be made by the property owner, lessee, contract purchaser, City agency, or an authorized agent thereof; provided that any interested person may make application for an amendment to the Official Land Use Map or an amendment to the text of Title 23, Land Use Code.
B. All applications for Council land use decisions shall be made to the Director on a form provided by the Department. The Director shall:
1. for Council land use decisions that do not include a design review component and are not applications for Major Institution Master Plans, transmit notice of the application to the City Clerk for filing with the City Council promptly after the application is first submitted.
2. for Council land use decisions that include a design review component:
a. For applications subject to design review by the Design Review Board, transmit notice of the early design guidance public meeting to the City Clerk for filing with the City Council promptly at the same time public notice is provided.
b. For applications subject to administrative design review, transmit notice of the application to the City Clerk for filing with the City Council promptly after the applicant applies to begin the early design guidance process.
3. for applications for Major Institution Master Plans, transmit the notice of intent to prepare a master plan to the City Clerk for filing with the City Council promptly after the notice of intent is received.
C. Applications shall be accompanied by payment of the applicable filing fees, if any, as established in SMC Chapters 22.901A-22.901T, Permit Fee Subtitle.
D. All applications shall contain the submittal information required by the applicable sections of this Title 23, Land Use Code; SMC Title 15, Street and Sidewalk Use; SMC Chapter 25.05, SEPA Policies and Procedures; SMC Chapter 25.09, Regulations for Environmentally Critical Areas; SMC Chapter 25.12, Landmark Preservation; SMC Chapter 25.16, Ballard Avenue Landmark District; SMC Chapter 25.20, Columbia City Landmark District; SMC Chapter 25.22, Harvard-Belmont Landmark District; SMC Chapter 25.24, Pike Place Market Historical District; and other codes as determined applicable by the Director. The following information shall also be required as further specified in the Director's Rule on Application Submittal Guidelines, unless the Director indicates in writing that specific information is not necessary for a particular application:
1. Property information including, but not limited to, address, legal description, Assessor's Parcel number, and project description;
2. Evidence of ownership or authorization from the property owner for Council Conditional Uses;
3. A signed statement of financial responsibility from the applicant acknowledging financial responsibility for all applicable permit fees. If the application is made, in whole or in part, on behalf of the property's owner, lessee, and/or contract purchaser, then the statement of financial responsibility must also include a signed statement of the owner, lessee, and/or contract purchaser acknowledging financial responsibility for all applicable permit fees;
4. Scale drawings with all dimensions shown that include, but are not limited to, the following information:
a. Existing site conditions showing adjacent streets (by name), alleys or other adjacent public property, existing street uses, such as street trees and sidewalk displays, buildings and structures, open space and landscape, access driveways and parking areas,
b. Elevations and sections of the proposed new features,
c. Floor plans showing the proposed new features,
d. Drainage plan,
e. Landscape plan,
f. Right-of-way information showing any work proposed in the public right-of-way,
g. Identification on the site plan of all easements, deed restrictions, or other encumbrances restricting the use of the property, if applicable,
h. Parking layout and vehicular access,
i. Vicinity map,
j. Topographic map, and
k. Open space plan;
5. A statement whether the site includes or is adjacent to a nominated or designated City of Seattle landmark, or has been listed as eligible for landmark status by the state or federal governments, or is within a City of Seattle landmark or special review district. If the site includes a nominated or designated City of Seattle landmark, or is within a City of Seattle landmark or special review district, then the applicant must provide a copy of any application for any required certificate of approval that has been filed with the Department of Neighborhoods. If the site does not include a landmark and is not within a landmark or special review district, then the applicant must provide the following information:
a. Date the buildings on the site were constructed,
b. Name of the architect(s) or builder(s), and
c. For any building fifty (50) or more years old, clear exterior photos of all elevations of the building;
6. Information, including technical reports, drawings, models or text, necessary to evaluate the development proposal, project site and potential environmental effects related to the following:
a. Soils and geology,
b. Grading,
c. Drainage,
d. Construction impacts,
e. Air quality,
f. Water quality,
g. Water discharge,
h. View impairment,
i. Energy consumption,
j. Animal habitat impacts,
k. Plant ecology, botany and vegetation,
l. Noise,
m. Release and disposal of toxic and hazardous materials,
n. Soil contamination,
o. Dredging,
p. Land use,
q. Housing,
r. Light and glare,
s. Shadow,
t. Aesthetics,
u. Use and demand on recreation facilities,
v. Vehicular traffic and circulation,
w. Parking,
x. Pedestrian circulation,
y. Circulation and movement of goods,
z. Traffic hazard, and
aa. Demand on public service and utilities.
E. Notice of Complete Application.
1. The Director shall determine whether an application is complete and shall notify the applicant in writing within twenty-eight (28) days of the application being filed whether the application is complete or that the application is incomplete and what additional information is required before the application will be complete. Within fourteen (14) days of receiving the additional information, the Director shall notify the applicant in writing whether the application is now complete or what additional information is necessary. An application shall be deemed to be complete if the Director does not notify the applicant in writing by the deadlines in this section that the application is incomplete. A determination that the application is complete is not a determination that the application is vested.
2. An application for a Council land use decision is complete for purposes of this section when it meets the submittal requirements established by the Director in subsection D of this section and is sufficient for continued processing even though additional information may be required or project modifications are undertaken subsequently. The determination of completeness shall not preclude the Director from requesting additional information or studies either at the time of the notice of completeness or subsequently, if additional information is required to complete review of the application or if substantial changes in the permit application are proposed. A determination under this section that an application is complete for purposes of continued processing is not a determination that the application is vested. A vesting determination shall be made only when needed because of a change in applicable laws and shall entail review of the application for compliance with RCW 19.27.095 and SMC Section 23.76.026.
F. Failure to supply all required information or data within sixty (60) days of a written request may result in a notice of intent to cancel. When a Council land use application and a building permit application for a project are being reviewed concurrently, and the applications are for a project vested to prior Land Use Code provisions, and the project does not conform with the codes in effect while it is being reviewed, cancellation of the Council land use application under the provision of this subsection shall cause the concurrent cancellation of the building permit application.
(Ord. 122497, § 7, 2007; Ord. 122054 § 85, 2006; Ord. 121476 § 21, 2004; Ord. 118012 § 43, 1996; Ord. 117570 § 24, 1995: Ord. 117430 § 82, 1994; Ord. 112522 § 2(part), 1985.)
23.76.042 Notice of application.
A. Notice Required. For all Type IV decisions, for Major Institution designations, and for City facilities requiring Council approval, notice of application shall be provided in the manner prescribed by Section 23.76.012 for Master Use Permits.
B. Additional Notice for Major Institutions. The Director shall provide the following additional notice for Major Institution master plans and designation.
1. For Major Institution master plans, notice of intent to file a master plan application shall be published in the Land Use Information Bulletin and the City official newspaper and mailed notice shall also be provided. The notice of intent to file a master plan application shall indicate that an advisory committee is to be formed as provided in Section 23.69.032.
2. Mailed notice shall be provided for Major Institution designations and for revocation of Major Institution designations, and notice shall also be published in the City official newspaper once a week for two (2) consecutive weeks.
C. Additional Notice in the Southeast Seattle Reinvestment Area. The Director shall provide additional notice for Type IV decisions in the Southeast Seattle Reinvestment Area overlay district, by publishing the notice of application in at least one (1) community newspaper in the area affected by the proposal.
D. Additional Notice for Modification of Overlay Districts Established Pursuant to Neighborhood Plans. When considering modifications to an overlay district established pursuant to an adopted neighborhood plan that specifically addresses the overlay district, the Director must directly solicit comment by mail, or e-mail, from any City-recognized stewardship group for that neighborhood plan as well as established community groups and chambers of commerce for the area of the overlay.
(Ord. 122311, § 98, 2006; Ord. 121477 § 53, 2004; Ord. 116145 § 4, 1992; Ord. 115002 § 16, 1990; Ord. 112522 § 2(part), 1985.)
23.76.044 Notice of scoping and draft EIS.
Notice of Scoping and of Draft EISs for Type IV decisions shall be as provided for Master Use Permits in Section 23.76.014.
(Ord. 112522 § 2(part), 1985.)
23.76.046 Public meetings and hearings.
A. Preliminary Council Meeting on City Facilities Requiring Council Approval. When a City agency proposing a new City facility or expansion of an existing City facility determines that an EIS is required for the project, the Council shall hold an early public meeting to determine the need for and functions of the proposed facility, identify the source of funding, and establish site selection criteria. The meeting shall be held as part of the scoping process as required by SMC Chapter 25.05, SEPA Policies and Procedures.
B. Draft EISs on Type IV and V Decisions. A public hearing shall be held by the Director on all draft EIS's for which the Department is the lead agency, pursuant to SMC Chapter 25.05. The hearing shall occur no earlier than twenty-one (21) days from the date the draft EIS is issued nor later than fifty (50) days from its issuance. The Director may hold the hearing near the site of the proposed project. For Major Institution master plans, the draft EIS hearing shall be combined with a hearing on the draft master plan as required by Section 23.69.032.
(Ord. 118012 § 44, 1996; Ord. 115002 § 17, 1990; Ord. 112522 § 2(part), 1985.)
23.76.048 Notice of final EISs.
Notice of the availability of a final EIS for a Type IV or V decision shall be as provided for Master Use Permits in Section 23.76.018.
(Ord. 112522 § 2(part), 1985.)
23.76.049 Time required for preparation of an EIS.
The time required to prepare an environmental impact statement associated with a Council land use decision shall be agreed to by the Director and applicant in writing. Unless otherwise agreed to by the applicant, a final environmental impact statement shall be issued by the Director within one (1) year following the issuance of a Determination of Significance for the proposal, unless the EIS consultant advises that a longer time period is necessary. In that case, the additional time shall be that recommended by the consultant, not to exceed an additional year.
(Ord. 118012 § 45, 1996: Ord. 117430 § 83, 1994.)
23.76.050 Report of the Director.
A. The Director shall prepare a written report on applications for Type IV and V decisions, except Land Use Code text amendments, and any associated Type II decision listed in Section 23.76.006 C2. The report shall include:
1. The written recommendations or comments of any affected City departments and other governmental agencies having an interest in the application;
2. Responses to written comments submitted by interested citizens;
3. An evaluation of the proposal based on the standards and criteria for the approval sought and consistency with applicable City policies;
4. All environmental documentation, including any checklist, EIS or DNS;
5. The Director's recommendation to approve, approve with conditions, or deny a proposal.
B. The Director shall prepare a written report for Land Use Code text amendments sponsored by the City Council only if such a report is requested by a member of the City Council, and shall include:
1. An evaluation of the proposal based on the standards and criteria for the approval sought and consistency with applicable City policies, and
2. The Director's recommendation to approve, approve with conditions, or deny a proposal.
C. A DNS or the Director's determination that an EIS is adequate shall be subject to appeal pursuant to the procedures in subsection C of Section 23.76.022.
D. For Type IV Decisions, the Director's report shall be submitted to the Hearing Examiner and filed with the City Clerk on the same date the notice of availability of the Director's report is given pursuant to Section 23.76.052. The Director's report shall be made available for public inspection at least twenty-one (21) days prior to the Hearing Examiner's open record predecision public hearing described in Section 23.76.052.
E. For Type V decisions, the Director's report shall be submitted to the Council and shall be available to the public at least fifteen (15) days before the Council hearing described in Section 23.76.062.
(Ord. 122497, § 8, 2007; Ord. 121476 § 22, 2004; Ord. 120691 § 30, 2001; Ord. 118012 § 46, 1996; Ord. 117929 § 9, 1995; Ord. 112522 § 2(part), 1985.)
Part 2 Quasi-judicial Decisions (Type IV)
23.76.052 Hearing Examiner open record predecision hearing and recommendation.
A. General– Consolidation With Environmental Appeal. The Hearing Examiner shall conduct a public hearing, which shall constitute a hearing by the Council, on all applications for Type IV (quasi-judicial) Council land use decisions and any associated variances, special exceptions and administrative conditional uses. At the same hearing, the Hearing Examiner shall also hear any appeals of the Director's Type II decisions and any interpretations.
B. The Hearing Examiner may combine a public hearing on a project application with any other public hearings that may be held on the project by another local, state, regional, federal or other agency provided that the hearing is held within The City of Seattle. If requested by an applicant, a joint hearing shall be held, provided that the joint hearing can be held within the time periods specified in SMC Section 23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the hearing.
C. Notice.
1. The Director shall give notice of the Hearing Examiner's hearing, the Director's environmental determination, and of the availability of the Director's report at least twenty-one (21) days prior to the hearing by:
a. Land Use Information Bulletin;
b. Publication in the City official newspaper;
c. Submission of the Land Use Information Bulletin to at least one (1) community newspaper in the area affected by the proposal;
d. One (1) land use sign visible to the public posted at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the Director shall either post more than one (1) sign and/or select an alternative posting location so that notice is clearly visible to the public. For hearings on Major Institution Master Plans, one (1) land use sign posted at each street frontage abutting the site but not to exceed ten (10) land use signs;
e. Mailed notice; and
f. Posting in the Department.
2. DNSs shall also be filed with the SEPA Public Information Center. If the Director's decision includes a mitigated DNS or other DNS requiring a fourteen (14) day comment period pursuant to SMC Section 25.05.340, the notice of DNS shall include notice of the comment period. The Director shall distribute copies of such DNSs as required by SMC Section 25.05.340.
3. The notice shall state the project description, type of land use decision under consideration, a description sufficient to locate the subject property, where the complete application file may be reviewed, and the Director's recommendation and environmental determination. The notice shall also state that the environmental determination is subject to appeal and shall describe the appeal procedure.
D. Appeal of Environmental Determination. Any person significantly interested in or affected by the Type IV decision under consideration may appeal the Director's procedural environmental determination subject to the following provisions:
1. Filing of Appeals. Appeals shall be submitted in writing to the Hearing Examiner by five (5:00) p.m. of the fourteenth calendar day following publication of notice of the determination, provided that when a fourteen (14) day DNS comment period is required pursuant to SMC Section 25.05.340, appeals may be filed until five (5:00) p.m. of the twenty-first calendar day following publication of the notice of the determination. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until five (5:00) p.m. on the next business day. The appeal shall be in writing and shall state specific objections to the environmental determination and the relief sought. The appeal shall be accompanied by payment of the filing fee as set forth in the Seattle Municipal Code Section 3.02.125, Hearing Examiner filing fees. In form and content, the appeal shall conform with the rules of the Hearing Examiner.
2. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may have a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other relevant matters.
3. Notice of Appeal. Notice of filing of the appeal and of the date of the consolidated hearing on the appeal and the Type IV land use decision recommendation shall be promptly mailed by the Hearing Examiner to parties of record and those requesting notice.
4. Scope of Review. Appeals shall be considered de novo. The Hearing Examiner shall entertain only those issues cited in the written appeal which relate to compliance with the procedures for Type IV decisions as required in this chapter and the adequacy of the environmental documentation upon which the determination was made.
5. Standard of Review. The Director's environmental determination shall be given substantial weight.
E. Conduct of Hearing. The Hearing Examiner at the public hearing will accept evidence and comments regarding:
1. The Director's report, including an evaluation of the project based on applicable City ordinances and policies and the Director's recommendation to approve, approve with conditions, or deny the application; and
2. Specific issues related to the Director's environmental determination, if appealed.
F. The Record. The record shall be established at the hearing before the Hearing Examiner. The Hearing Examiner shall either close the record after the hearing or leave it open to a specified date for additional testimony, written argument, or exhibits.
G. Written Comments. Written comments on the application for a Type IV land use decision and the Director's report and recommendation may be sent to the Department or the Hearing Examiner. Only those received prior to the conclusion of the hearing shall be considered by the Hearing Examiner.
H. Recommendation. From the information gained at the hearing, from timely written comments submitted to the Department or the Hearing Examiner, and from the report and recommendation of the Director, the Hearing Examiner shall submit a recommendation to the Council by filing it together with the record with the City Clerk within fifteen (15) days after the close of the hearing record provided, that the Hearing Examiner's report on a Major Institution Master Plan shall be submitted within thirty (30) days. The recommendation to approve, approve with conditions, or deny an application shall be based on the written findings and conclusions.
I. Environmental Appeal Decision. If the Director's environmental determination is appealed, the Hearing Examiner shall affirm, reverse, remand or modify the Director's determination that an EIS is not required (DNS) or that an EIS is adequate, based on written findings and conclusions. The Director shall be bound by the terms and conditions of the Hearing Examiner's decision. If the environmental determination is remanded, the Hearing Examiner shall also remand the Director's recommendation for reconsideration. The Hearing Examiner's decision on a DNS or EIS adequacy appeal shall not be subject to Council appeal. The time period for requesting judicial review of the environmental determination shall not commence until the Council has completed action on the Type IV decision for which the DNS or EIS was issued.
J. Distribution of Decision and Recommendation. On the same date that the Hearing Examiner files a recommendation with the City Clerk, copies of the recommendation and environmental appeal decision, if any, shall be mailed by the Hearing Examiner to the applicant, to the Director, to all persons testifying or submitting information at the hearing, to all persons who submitted substantive comments on the application to either the Director or the Hearing examiner, and to all those who request a copy in a timely manner. Notice of the Hearing Examiner's recommendation to the Council shall include instructions for requesting the Council to further consider the recommendation on the Type IV decision.
K. File to Council. The City Clerk shall file the recommendation and record with the original application and transmit the same to the Council.
(Ord. 122497, § 11, 2007; Ord. 121477 § 54, 2004; Ord. 120157 § 9, 2000; Ord. 119096 § 10, 1998; Ord. 118672 § 27, 1997; Ord. 118012 § 47, 1996: Ord. 112522 § 2(part), 1985.)
23.76.054 Council consideration of Hearing Examiner recommendation.
A. Any person substantially affected by or interested in the Hearing Examiner's recommendation regarding a Type IV land use decision may submit in writing an appeal of the recommendation to the Council and, if desired, a request to supplement the record. No appeals of a DNS or the determination that an EIS is adequate will be accepted.
B. Appeals of the Hearing Examiner's recommendation shall be filed with the City Clerk by five (5:00) p.m. of the fourteenth (14th) calendar day following the date of issuance of the Hearing Examiner's recommendation. When the last day of the request period so computed is a Saturday, Sunday or federal or City holiday, the request period runs until five (5:00) p.m. on the next business day.
C. The appeal shall clearly identify specific objections to the Hearing Examiner's recommendation and specify the relief sought.
D. After the City Clerk's receipt of an appeal, Council staff shall mail a copy of the appeal and instructions for responding to those persons who were provided written notice of the Hearing Examiner's recommendation at least twenty-one (21) days prior to the date of the Council's public meeting to consider the appeal.
E. Council action shall be based on the record established by the Hearing Examiner. The Council may supplement the record with new evidence or information if the Council determines that the new evidence or information was not available or could not reasonably have been produced at the time of the open record hearing before the Hearing Examiner. The Council may remand an application for a Type IV land use decision only when:
1. The Council has voted to supplement the record and has determined that the Director or the Hearing Examiner should reconsider the application in light of the new evidence; or
2. For major institution master plans, the Council has determined that there is a need for additional information or new proposal(s) pursuant to 23.69.032.
F. The Council may allow oral or written arguments based on the record.
(Ord. 122497, § 10, 2007; Ord. 118012 § 48, 1996; Ord. 112522 § 2(part), 1985.)
23.76.056 Council decision on Hearing Examiner recommendation.
A. The Council's decision to approve, approve with conditions, remand, or deny the application for a Type IV land use decision shall be based on applicable law and supported by substantial evidence in the record established pursuant to Section 23.76.054. An appellant bears the burden of proving that the Hearing Examiner's recommendation should be rejected or modified.
B. The Council shall adopt written findings and conclusions in support of its decision regarding Type IV land use decisions.
C. To the extent such information is available to the Council, the decision should contain the name and address of the owner of the property at issue, of the applicant, and of each person who filed an appeal of the Hearing Examiner's recommendation with the Council, unless such person abandoned the appeal or such person's claims were dismissed before the hearing.
D. Any Type IV decision shall be final and conclusive unless Council retains jurisdiction or the decision is reversed or remanded on judicial appeal or appeal to the Shorelines Hearings Board. Any judicial review of a decision not appealable to the Shorelines Hearings Board must be commenced within twenty-one (21) days of issuance of the Council's decision, as provided by RCW 36.70C.040, except that an appeal of a decision concerning personal wireless service must be commenced within thirty (30) days of issuance of the decision.
E. A copy of the Council's findings, conclusions and decision shall be transmitted to the City Clerk who shall promptly send a copy to the Director and the Hearing Examiner, and promptly mail copies to all parties of record The Clerk's transmittal letter shall include official notice of the time and place for seeking judicial review. The Director shall be bound by and incorporate the terms and conditions of the Council's decision in permits issued to the applicant or on approved plans.
F. Re-application Rules. If an application for a Type IV decision is denied with prejudice by the Council, no application for the same or substantially the same decision shall be considered until twelve (12) consecutive months have passed since the filing of the denial of the application. After twelve (12) months, the Council shall consider an application for the same decision only if the applicant establishes that there has been a substantial change of circumstances pertaining to a material issue.
(Ord. 122497, § 11, 2007; Ord. 120928 § 43, 2002; Ord. 118181 § 7, 1996; Ord. 118012 § 49, 1996; Ord. 117789 § 12, 1995; Ord. 112522 § 2(part), 1985.)
23.76.058 Rules for specific decisions
A. Shoreline Decisions. For shoreline environment reclassifications, a copy of the Council's findings, conclusions and decision shall also be filed with the Department of Ecology. Shoreline environment reclassifications shall not become effective until approved by the Department of Ecology.
B. Contract Rezones.
1. If a property use and development agreement is required as a condition to an amendment of the Official Land Use Map, the amendment shall not take effect until the later of:
a. the effective date of the ordinance approving the map amendment and accepting the property use and development agreement, as specified in the ordinance or pursuant to Section 1.04.020, or
b. the recording in the King County Recorder's Office of the agreement executed by the legal and beneficial owners. The agreement shall be recorded in the real property records of King County and filed with the City Clerk within 30 days after adoption of the ordinance approving the map amendment and accepting the agreement.
2. Amendment of Property Use and Development Agreements. Property use and development agreements recordedas a condition to a map amendment may be amended by agreement between the owner and the City, provided that any such amendment shall be approved by the Council.
a. A request to amend shall be submitted to the Department of Planning and Development and filed with the City Clerk. Notice of a request to amend and an opportunity to comment shall be provided in accordance with the notice requirements of Section 23.76.012.B.1 or B.2, and B.3, and notice and opportunity to comment shall also be provided to the parties of record in the original rezone decision and to those persons who were provided written notice of the Hearing Examiner's recommendation in the original rezone decision.
b. The Director shall determine whether the requested amendment is major or minor. This determination is a Type I decision.
1) Minor amendments. A minor amendment is one that is within the spirit and general purpose of the prior decision of the Council, is generally consistent with the uses and development standards approved in the prior decision of the Council, would not result in significant adverse impacts that were not anticipated in the prior decision of the Council, and does not request any additional waivers or changes in the waivers of bulk or off-street parking and loading requirements other than those approved in the prior decision of the Council. If the Director determines that a proposed amendment is minor, the Director shall transmit to Council the request to amend, the Director's determination that the request is minor, any comments received by the Director on the proposed amendment, the Director's environmental determination, and the Director's recommendation on the amendment. A request to amend that is minor and that complies with the rezone criteria of Chapter 23.34 may be approved by the Council by ordinance after receiving any additional advice that it deems necessary.
2) Major Amendments. Requests that are not minor are major. The Council shall not approve a major amendment to a property use and development agreement until the Council has received a recommendation from the Hearing Examiner after a public hearing held as provided for rezones in Section 23.76.052.
C. Reserved.
D. Public Projects Not Meeting Development Standards. The City Council may waive or modify applicable developments standards, accessory use requirements special use requirements or conditional use criteria for public projects.
(Ord. 123046, § 58, 2009; Ord. 122497, § 12, 2007; Ord. 122054 § 86, 2006; Ord. 118672 § 28, 1997; Ord. 118012 § 50, 1996; Ord. 117242 § 27, 1994; Ord. 112522 § 2(part), 1985.)
23.76.060 Expiration of land use approvals– Extensions
A. Approvals Granted Under Title 24. Expiration of Council land use approvals granted under Title 24, Zoning and Subdivisions, are governed by the applicable provisions of Section 23.04.010, Transition to the Land Use Code.
B. Contract Rezones, Council Conditional Uses and Public projects
1. Contract rezones, Council conditional uses and public projects approved under Title 23 expire two (2) years from the effective date of approval unless:
a. Within the two (2) year period, an application is filed for a Master Use Permit, which permit is subsequently issued; or
b. Another time for expiration is specified in the Council's decision.
2. If a Master Use Permit is issued for the contract rezone, Council conditional use or public project, the Council's approval of the contract rezone, Council conditional use or public project, remains in effect until the Master Use Permit expires pursuant to the provisions of Section 23.76.032, or until the time specified by the Council, whichever is longer.
3. When a contract rezone expires, the Director shall file a certificate of expiration with the City Clerk and a notation shall be placed on the Official Land Use Map showing the reversion to the former classification.
C. Variances. Variances granted as part of a Council land use approval shall remain in effect for the same period as the land use approval granted, except those variances granted as part of a rezone which shall expire on the date the rezone expires or the effective date of any text amendment making more stringent the development standard from which the variance was granted, whichever is sooner.
D. Extensions. The Council may extend the time limits on Type IV land use approvals for no more than two years, upon an applicant's request for an extension filed with the City Clerk at least 120 days before the approval's expiration. The Council may request a recommendation on the extension request from the Director, but the Hearing Examiner hearing and recommendation requirements of Section 23.76.052 do not apply. Notice of requests for extensions of Type IV land use decisions and an opportunity to comment shall be provided pursuant to Sections 23.76.012.B.1 or B.2, and B.3, and notice and an opportunity to comment shall also be provided to the parties of record in the Council's original Type IV land use proceeding and to those persons who were provided written notice of the Hearing Examiner's recommendation on the original Type IV application.
1. The Council may not extend the time limits for a Type IV land use approval for a project that is not in conformance with applicable regulations, including land use and environmentally critical areas regulations, in effect at the time an extension is sought.
2. In deciding whether to grant a request for an extension, the Council shall consider:
a. The reason or basis for the request for the extension and whether it is reasonable under the circumstances;
b. Whether changed circumstances in the area support an extension;
c. Whether additional time is reasonably necessary to comply with a condition of approval adopted by the Council that is required to be fulfilled prior to expiration of the land use approval.
(Ord. 123046, § 59, 2009; Ord. 122497, § 13, 2007; Ord. 122054 § 87, 2006; Ord. 118012 § 51, 1996; Ord. 114473 § 4, 1989; Ord. 112522 § 2(part), 1985.)
Part 3 Legislative Decisions (Type V)
23.76.062 Council hearing and decision.
A. Public Hearing. The Council shall itself conduct a public hearing for each Type V (legislative) land use decision except that no public hearing is required for an emergency amendment to the text of the Land Use Code. The Council may also appoint a hearing officer to conduct an additional fact-finding hearing to assist the Council in gathering information. Any hearing officer so appointed shall transmit written Findings of Fact to the Council within ten (10) days of the additional hearing.
B. Notice of Hearings.
1. Notice of a required Council hearing on a Type V decision shall be provided by the Director at least thirty (30) days prior to the hearing in the following manner:
a. Inclusion in the Land Use Information Bulletin;
b. Posting in the Department; and
c. Publication in the City's official newspaper.
2. Additional notice shall be provided by the Director for public hearings on City facilities, Major Institution designations and revocation of Major Institution designations, as follows:
a. Mailed notice; and
b. One (1) land use sign posted visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the Director shall either post more than one (1) sign and/or select an alternative posting location so that notice is clearly visible to the public.
C. Council Decision. In making a Type V land use decision, the Council shall consider the oral and written testimony presented at the public hearing, as well as any required report of the Director. The City Council shall not act on any Type V decision until the end of the appeal period for the applicable DNS or Final EIS or, if an appeal is filed, until the Hearing Examiner issues a decision affirming the Director's DNS or EIS decision.
(Ord. 121477 § 55, 2004; Ord. 119895 § 1, 2000; Ord. 118672 § 29, 1997; Ord. 115002 § 18, 1990; Ord. 112522 § 2(part), 1985.)
23.76.064 Approval of City facilities.
A. Concept Approval for City Facilities.
1. In acting on the proposed siting or expansion of a City facility, the Council shall decide whether to approve in concept the facility. If concept approval is granted, the Council may impose terms and conditions, including but not limited to design criteria and conditions relating to the size and configuration of the proposed facility.
2. Following Council approval, final plans for a City facility shall be submitted to the Director. If the Director determines that the project is consistent with the Council's concept approval, the Director shall issue the necessary permits for the facility.
3. No further Council action is required for a City facility unless the Director determines that the final plans represent a major departure from the terms of the original Council concept approval, in which case the final plan shall be submitted to the Council for approval in the same manner as the original application.
B. City Facilities Not Meeting Development Standards. The Council may waive or modify applicable development standards, accessory use requirements, special use requirements or conditional use criteria for City facilities.
(Ord. 118672 § 30, 1997: Ord. 112522 § 2(part), 1985.)
23.76.066 Shoreline Master Program amendments.
Council decisions approving an amendment to the text of SMC Chapter 23.60, Shoreline Master Program Regulations, shall be sent to the Director of the Department of Ecology. Such amendments shall become effective only upon approval of the amendment by the State Department of Ecology pursuant to WAC 173-19-060.
(Ord. 118012 § 52, 1996: Ord. 112522 § 2(part), 1985.)
23.76.068 Re-application rule for text amendments.
If an application for an amendment to the text of SMC Title 23, Land Use Code is denied by the Council, no application for the same or substantially the same amendment shall be considered until twelve (12) months have passed since the filing of the application, provided that this rule shall not apply to City-initiated amendments.
(Ord. 117570 § 25, 1995: Ord. 112522 § 2(part), 1985.)
23.76.070 Hearing Examiner reports to Council.
The Hearing Examiner shall compile and file with the Council a semi-annual report on issues of Code or policy interpretation arising in the Hearing Examiner's review of contested land use cases. The Hearing Examiner should report on all issues of general applicability which resulted in disagreement between the Director and the Hearing Examiner as to interpretation of Council intent. The Council will review the report and consider the need for code amendments to clarify its intent.
(Ord. 112522 § 2(part), 1985.)
Chapter 23.78 Sections:
23.78.002 Application for establishment of criteria.
23.78.006 Notice provided.
23.78.010 SUAC responsibilities.
23.78.012 Duties of Director of the Department of Neighborhoods.
23.78.014 Appeal of use criteria.
23.78.016 Criteria to serve as regulations.
23.78.002 Application for establishment of criteria.
A. The Seattle School District or other owner of a public school structure may apply for the establishment of criteria for nonschool use of an existing or former public school structure. Applications shall be made to the Director of the Department of Neighborhoods.
B. On receipt of an application, the Director of the Department of Neighborhoods shall convene a School Use Advisory Committee (SUAC) to secure the comments of the public and make recommendations for school use criteria for the school. The committee shall operate pursuant to rules promulgated by the Director of the Department of Neighborhoods. The committee shall consist of the following:
1. A representative of the City selected by the Director of the Department of Neighborhoods, to act as chairperson;
2. A representative of the Seattle School District, or if the structure is no longer owned by the Seattle School District, a representative of the structure owner;
3. Two (2) persons residing or owning property within six hundred (600) feet of the site of the school and any adjoining publicly owned property, selected by the Director of the Department of Neighborhoods in cooperation with the community organization(s) representing the area;
4. A representative of the PTSA or parents' group, selected by the appropriate organization, if "joint use" (both public school classrooms and nonschool uses) is contemplated by the application; or a representative of the neighborhood, selected by the Director of the Department of Neighborhoods, in cooperation with the community organization(s) representing the area, if joint use is not contemplated in the application;
5. A representative of the neighborhood, selected by the Director of the Department of Neighborhoods;
6. A representative at large selected by the Director of the Department of Neighborhoods to represent city-wide education issues; and
7. A representative of the Department shall be invited to sit as a nonvoting member.
(Ord. 121429 § 4, 2004; Ord. 115906 § 2, 1991: Ord. 110381 § 1(part), 1982.)
23.78.006 Notice provided.
Notification of the application and formation of a SUAC and the first meeting of the SUAC shall be provided by the Director through mailed notice, Land Use Information Bulletin, publishing in a newspaper of substantial local circulation, and posting one (1) land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the Director shall either post more than one (1) sign and/or select an alternative posting location so that notice is clearly visible to the public. If there is an existing parents' organization, notice shall be given through their regular processes.
(Ord. 121477 § 56, 2004; Ord. 118672 § 31, 1997: Ord. 110381 § 1(part), 1982.)
23.78.010 SUAC responsibilities.
The SUAC shall:
A. Conduct one (1) or more public meetings within a ninety (90) day period from formation of the SUAC.
B. Gather and evaluate public comment;
C. Develop criteria for structure and grounds use which are compatible with the surrounding community, including but not limited to: benefits to the community and public; population to be served; community access; use of the school grounds within the context of recreational and aesthetic resources of the neighborhood; mitigation of large structure bulk; traffic impacts: generation, circulation and parking; landscaping and maintenance of grounds; exterior appearance of the structure, including signing; noise; hazards and other potential nuisances; and
D. Recommend criteria to the Director of the Department of Neighborhoods no later than ninety (90) days after its first meeting unless a ten (10) day extension is requested, in writing, by a majority of the SUAC and granted by the Director of the Department of Neighborhoods.
(Ord. 121429 § 5, 2004; Ord. 115906 § 3, 1991; Ord. 110793 § 60, 1982: Ord. 110381 § 1(part), 1982.)
23.78.012 Duties of Director of the Department of Neighborhoods.
A. The Director of DON shall establish final use criteria and permitted uses for the school structures and grounds based on the SUAC's recommendations within ten (10) days of the receipt of the recommendations. If the Director of DON modifies the recommendations of the SUAC, the reasons for the modification shall be put forth in writing.
B. Notification of the Director of DON's decision shall be published in the City official newspaper within seven (7) days of the date the decision is made. Notice, including the date of its publication, shall also be posted in a conspicuous place in the Department of Neighborhoods and shall be included in the Land Use Information Bulletin. Notice of the decision shall also be mailed on the date of the decision to the applicant, and to persons who have requested specific notice in a timely manner.
The notice of the decision shall state the address of the school and briefly state the decision made by the Director of DON. The notice shall also state that the school use criteria are subject to appeal and shall describe the appropriate appeal procedure.
(Ord. 121477 § 57, 2004; Ord. 115906 § 4, 1991: Ord. 110381 § 1(part), 1982.)
23.78.014 Appeal of use criteria.
A. Any person substantially affected by or interested in the use criteria may appeal the decision to the Hearing Examiner within a period extending to five (5) p.m. of the fifteenth calendar day following the date of publication of the use criteria decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until five (5) p.m. the next business day. The appeal shall be in writing and shall state specifically why the appellant finds the criteria inappropriate or incorrect.
B. Appeals of school use criteria shall be accompanied by payment of a filing fee as established in the Fee Subtitle, Chapters 22.901A through 22.901T.
C. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases in the Administrative Code, Chapter 3.02. Notice shall be given not less than twenty (20) days prior to hearing.
D. Appeals shall be considered de novo. The decision on the evidence before the Hearing Examiner shall be made upon the same basis as was required of the Director of DON. The interpretation of the Director of DON shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which is determined to be without merit on its face, frivolous or brought merely to secure a delay.
E. The Hearing Examiner shall issue a decision within fourteen (14) days after closing the record. Notice of the Hearing Examiner's decision shall be mailed on the date of the decision to the parties of record and to all those requesting notice.
F. The decision of the Hearing Examiner may affirm, reverse or modify the Director of DON's decision either in whole or in part. The Hearing Examiner may also remand the decision to the Director of DON for further consideration. The decision of the Hearing Examiner shall be final and the applicant, appellant and Director of DON shall be bound by it.
(Ord. 117263 § 58, 1994; Ord. 115906 § 5, 1991; Ord. 110381 § 1(part), 1982.)
23.78.016 Criteria to serve as regulations.
Once the school use criteria are established for a public school structure, they shall be used by the Director as the substantive criteria applicable to applications filed under the Master Use Permit process, Chapter 23.76, for uses locating in the public school structures and grounds. If the public school structure is demolished, the permitted uses and development standards of the underlying zone shall apply.
(Ord. 110381 § 1(part), 1982.)
Chapter 23.79 Sections:
23.79.002 Initiation of development standard departure procedure.
23.79.004 Application for development standard departure.
23.79.006 Notice provided for development standard departure.
23.79.008 Advisory committee responsibilities.
23.79.010 Duties of Director.
23.79.012 Appeal of development standard departure.
23.79.002 Initiation of development standard departure procedure.
A. The Seattle School District may apply for development standard departure for public school structures. Applications shall be made to the Director.
B. When demolition of residential structures is proposed, and the public school site includes land acquired for public school use after the effective date of the amendatory ordinance codified in this chapter,1 the Director shall initiate the process for development standard departures and the School District shall be bound by the development standard departures which are required in order to reduce demolition of residential structures.
(Ord. 112539 § 10(part), 1985.)
1. Editor's Note: Ordinance 112539, codified in this chapter, was adopted on November 12, 1985.
23.79.004 Application for development standard departure.
On receipt of an application for development standard departure or upon initiation of the process by the Director, the Director shall forward an application to the Director of the Department of Neighborhoods (DON) who shall convene a Development Standard Advisory Committee, hereinafter called the advisory committee, to secure the comments of the public and make recommendations for modifications of development standards. The advisory committee shall operate pursuant to rules promulgated by the Director of DON. To the extent that members of the following groups are available, the advisory committee shall consist of:
A. A representative of the City selected by the Director of DON, to act as nonvoting chairperson;
B. A representative of the Seattle School District;
C. A person residing within six hundred (600) feet of the site of the school and any adjoining publicly owned property, selected by the Director of DON in cooperation with the community organizations(s) representing the area;
D. A person owning property or a business within six hundred (600) feet of the site of the school and any adjoining publicly owned property, selected by the Director of DON in cooperation with the community organization(s) representing the area;
E. Two (2) representatives of the neighborhood, selected by the Director of DON in cooperation with the community organization(s) representing the area;
F. A representative at large selected by the Director of DON to represent city-wide education issues;
G. A nonvoting representative of the Department;
H. Two (2) representatives of the parents of the school to be replaced, expanded or remodeled, selected by the Director of DON in cooperation with the school's PTSA or other school parent organization; and
I. A person, to be selected by the Director, who resides in a housing unit which will be demolished and who will be adversely affected by the demolition, when demolition of housing is necessitated by the District's proposal.
(Ord. 121429 § 6, 2004; Ord. 115906 § 6, 1991; Ord. 112799 § 1, 1986: Ord. 112539 § 10(part), 1985.)
23.79.006 Notice provided for development standard departure.
Notification of the application and formation of a Development Standard Advisory Committee and the first meeting of the advisory committee shall be provided by the Director through mailed notice, General Mailed Release, publishing in a newspaper of substantial local circulation and any relevant ethnic publications having substantial local circulation, and posting one (1) land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the Director shall either post more than one (1) sign and/or select an alternative posting location so that notice is clearly visible to the public. If there is an existing parents' organization, notice shall be given through its regular processes. Notice shall also be given to community organizations known to the Department as representing the local area and to other related organizations who have requested notice.
(Ord. 118672 § 32, 1997: Ord. 112539 § 10(part), 1985.)
23.79.008 Advisory committee responsibilities.
The advisory committee shall perform the following functions:
A. It shall conduct one or more public meetings within a ninety (90) day period from formation of the advisory committee.
B. It shall gather and evaluate public comment.
C. It shall recommend the maximum departure which may be allowed for each development standard from which a departure has been requested. Minority reports shall be permitted. The advisory committee may not recommend that a standard be made more restrictive unless the restriction is necessary as a condition to mitigate the impacts of granting a development standard departure.
1. Departures shall be evaluated for consistency with the general objectives and intent of the City's Land Use Code, including the rezone evaluation criteria in Chapter 23.34 of the Seattle Municipal Code, to ensure that the proposed facility is compatible with the character and use of its surroundings. In reaching recommendations, the advisory committee shall consider and balance the interrelationships among the following factors:
a. Relationship to Surrounding Areas. The advisory committee shall evaluate the acceptable or necessary level of departure according to:
(1) Appropriateness in relation to the character and scale of the surrounding area;
(2) Presence of edges (significant setbacks, major arterials, topographic breaks, and similar features) which provide a transition in scale;
(3) Location and design of structures to reduce the appearance of bulk;
(4) Impacts on traffic, noise, circulation and parking in the area; and
(5) Impacts on housing and open space. More flexibility in the development standards may be allowed if the impacts on the surrounding community are anticipated to be negligible or are reduced by mitigation; whereas, a minimal amount or no departure from development standards may be allowed if the anticipated impacts are significant and cannot be satisfactorily mitigated.
b. Need for Departure. The physical requirements of the specific proposal and the project's relationship to educational needs shall be balanced with the level of impacts on the surrounding area. Greater departure may be allowed for special facilities, such as a gymnasium, which are unique and/or an integral and necessary part of the educational process; whereas, a lesser or no departure may be granted for a facility which can be accommodated within the established development standards.
2. When the departure process is required because of proposed demolition of housing, the desirability of minimizing the effects of demolition must be weighed against the educational objectives to be served in addition to the evaluation required in subsection C1.
3. Following the evaluation set out in subsections C1 or C2, departures may be recommended as set forth in the regulations for the applicable zone and in Chapter 23.54. Recommendations must include consideration of the interrelationship among height, setback and landscaping standards when departures from height or setback are proposed.
D. The advisory committee shall recommend departure limits to the Director no later than ninety (90) days after its first meeting. Such recommendation shall be made after a majority or plurality vote. If only one (1) meeting is held, departure limits shall be recommended no later than thirty (30) days after the meeting. A ten (10) day extension may be granted by the Director if requested, in writing, by a majority of the advisory committee.
(Ord. 121429 § 7, 2004; Ord. 120691 § 31, 2001; Ord. 112799 § 2, 1986; Ord. 112539 § 10(part), 1985.)
23.79.010 Duties of Director.
A. The Director shall determine the amount of departure from established development standards which may be allowed for required, as well as mitigating measures which may be required. The Director's decision shall be based on an evaluation of the factors set forth in subsection C of Section 23.79.008, the majority recommendations and minority reports of the advisory committee, comment at the public hearings and other comments from the public. If the Director modifies the recommendations of the advisory committee, the reasons for the modification shall be put forth in writing.
B. 1. Notification of the Director's decision shall be published in the City official newspaper within seven (7) days of the date the decision is made. Notice, including the date of its publication, shall also be posted in a conspicuous place in DPD and shall be included in the Land Use Information Bulletin. Notice of the decision shall also be mailed on the date of the decision to the applicant, to all members of the advisory committee, and to persons who have requested specific notice in a timely manner.
2. The notice of the decision shall state the address of the school and briefly state the decision made by the Director. The notice shall also state that the departure from development standards is subject to appeal and shall describe the appropriate appeal procedure.
(Ord. 121477 § 58, 2004; Ord. 121276 § 37, 2003; Ord. 112539 § 10(part), 1985.)
23.79.012 Appeal of development standard departure.
A. Any person substantially affected by or interested in the development standard departure may appeal the decision to the Hearing Examiner within a period extending to five (5) p.m. of the fifteenth calendar day following the date of publication of the decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until five (5) p.m. the next business day. The appeal shall be in writing and shall state specifically why the appellant finds the departure inappropriate or incorrect.
B. Appeals of development standard departure shall be accompanied by payment of a filing fee as established in the Seattle Municipal Code, the Fee Subtitle, Chapters 22.901A through 22.901T.
C. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases in the Seattle Municipal Code, Chapter 3.02, Administrative Code. Notice shall be given not less than twenty (20) days prior to hearing.
D. Appeals shall be considered de novo. The decision on the evidence before the Hearing Examiner shall be made upon the same basis as was required of the Director. The decision of the Director shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which is determined to be without merit on its face, frivolous, or brought merely to secure a delay.
E. The Hearing Examiner shall issue a decision within fourteen (14) days after closing the record. Notice of the Hearing Examiner's decision shall be mailed on the date of the decision to the parties of record and to all those requesting notice.
F. The decision of the Hearing Examiner may affirm, reverse or modify the Director's decision either in whole or in part. The Hearing Examiner may also remand the decision to the Director for further consideration.
G. The decision of the Hearing Examiner shall be final, and the applicant, appellant and Director shall be bound by it.
(Ord. 117263 § 59, 1994; Ord. 112539 § 10(part), 1985.)
Chapter 23.80 Sections:
23.80.002 Application submittal requirements.
23.80.004 Review criteria.
23.80.002 Application submittal requirements.
In addition to the application submittal requirements specified in other chapters and codes, applicants for essential public facilities shall address each of the review criteria of this chapter in their application materials, and provide additional information as required by the Director to complete review of the project.
(Ord. 117430 § 84(part), 1994.)
23.80.004 Review criteria.
A. In reviewing an application for a proposed essential public facility, the decisionmaker shall consider the following:
1. Interjurisdictional Analysis. A review to determine the extent to which an interjurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions and an analysis of the extent to which the proposed facility is of a county-wide, regional or state-wide nature, and whether uniformity among jurisdictions should be considered.
2. Financial Analysis. A review to determine if the financial impact upon The City of Seattle can be reduced or avoided by intergovernmental agreement.
3. Special Purpose Districts. When the public facility is being proposed by a special purpose district, the City should consider the facility in the context of the district's overall plan and the extent to which the plan and facility are consistent with the Comprehensive Plan.
4. Measures to Facilitate Siting. The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of those factors (such as the availability of land, access to transportation, compatibility with neighboring uses, and the impact on the physical environment).
B. If the decisionmaker determines that attaching conditions to the permit approval will facilitate project siting in light of the considerations identified above, the decisionmaker may establish conditions for the project for that purpose.
C. Light rail transit facilities.
1. Light rail transit facilities necessary to support the operation and maintenance of a light rail transit system are permitted in all zones and shoreline environments within the City of Seattle.
2. The Director may approve a light rail transit facility pursuant to Chapter 23.76, Master Use Permits and Council Land Use Decisions only if the alignment, transit station locations, and maintenance base location of the light rail transit system have been approved by the City Council by ordinance or resolution.
3. When approving light rail transit facilities, the Director may impose reasonable conditions in order to lessen identified impacts on surrounding properties. A Master Use Permit is not required for the following:
a. at-grade, below-grade, or above-grade tracks and their supporting structures;
b. below-grade facilities;
c. minor alteration of light rail transit facilities involving no material expansion or change of use; and
d. other minor new construction that, in the determination of the Director, is not likely to have significant adverse impacts on surrounding properties.
4. When approving light rail transit facilities, the Director may impose conditions to ensure consistency with design guidelines developed for the light rail system by the City and the applicant.
5. The Director may waive or modify development standards applicable to a light rail transit facility if the applicant demonstrates that waiver or modification of a development standard:
a. is reasonably necessary to allow the siting or proper functioning of a light rail transit facility; or
b. will lessen the environmental impacts of a light rail transit facility on site or on surrounding properties; or
c. will accommodate future development that will comply with development standards better than if the development standard waiver or modification were not granted.
6. The Director may impose reasonable conditions on any waiver or modification of development standards to ensure consistency with design guidelines developed for the light rail system by the City and the applicant, and to lessen, to the extent feasible, environmental impacts of a light rail transit facility on site or on surrounding properties.
7. A master use permit for light rail transit facilities shall not be issued until the Director has received satisfactory evidence that the applicant has obtained sufficient funding (which might include a Full Funding Grant Agreement with a federal agency) to complete the work described in the master use permit application.
D. Monorail transit facilities.
1. Monorail transit facilities necessary to support the operation and maintenance of a monorail transit system are permitted in all zones within the City of Seattle, except that a monorail operations and/or maintenance center is prohibited in a residential or neighborhood commercial zone. Any commercial use over two hundred (200) square feet as part of a monorail transit station is prohibited unless otherwise permitted in the underlying zone.
2. The Director may approve a monorail transit facility, pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, only if the horizontal and vertical alignment and locations of the monorail guideway, monorail transit stations, and monorail operations center have been approved by the City Council by ordinance or resolution. The City Council may also approve the horizontal and vertical alignment and location of other monorail transit facilities.
3. The Director shall review for approval all monorail transit facilities, except monorail guideways, which must be reviewed for approval by the Director of Transportation pursuant to the procedures of Title 15, provided that for any monorail transit facility or portion thereof subject to review pursuant to Chapter 23.60, the Director shall conduct the review required by that chapter.
4. A Master Use Permit is not required for minor alterations of monorail transit facilities involving no material expansion or change of use, and other minor new construction at monorail transit facilities that, in the determination of the Director, is not likely to have significant adverse impacts on surrounding properties.
5. Waiver or modification of development standards.
a. Where necessary to achieve consistency with the terms of the City Council's approval of the monorail transit system, development standards, including but not limited to, height, setbacks, yards, landscaping, or lot coverage, may be waived or modified, provided that height may be waived only for the monorail guideway or monorail transit stations and not for any other monorail transit facilities, and further provided that height of monorail transit stations shall not exceed sixty-five feet (65') or the height limit in the underlying zone, whichever is greater.
b. To promote consistency with any monorail transit system-specific design guidelines to be developed by the City and a city transportation authority and approved by the City Council by ordinance, development standards other than height may be waived or modified.
c. Development standards may be waived or modified under this subsection only for structures or portions of structures that are devoted to a use directly associated with operation of the monorail transit facility and not for other portions of the structure unrelated to the monorail transit use.
6. The Director may impose reasonable conditions:
a. Where necessary to achieve consistency with the terms of the City Council's approval of the monorail transit system; or
b. Pursuant to Chapter 25.05 to lessen identified impacts caused by the monorail transit facilities; or
c. To ensure consistency with any monorail transit system-specific design guidelines to be developed by the City and a city transportation authority and approved by the City Council by ordinance.
7. Within twenty (20) days after issuing a Master Use Permit for a monorail transit station, the Director shall send a written report to the City Council describing any development standards that were waived or modified pursuant to this section, and describing any conditions that were imposed on the permit pursuant to this section.
(Ord. 122198, § 5, 2006; Ord. 121563 § 5, 2004; Ord. 121278 § 9, 2003; Ord. 119974 § 3, 2000; Ord. 117430 § 84(part), 1994.)
Division 2 Chapter 23.84A Sections:
23.84A.001 Applicability and interpretation.
23.84A.002 "A"
23.84A.004 "B."
23.84A.006 "C"
23.84A.008 "D."
23.84A.010 "E."
23.84A.012 "F."
23.84A.014 "G"
23.84A.016 "H."
23.84A.018 "I."
23.84A.020 "J."
23.84A.022 "K."
23.84A.024 "L"
23.84A.025 "M."
23.84A.026 "N."
23.84A.028 "O."
23.84A.030 "P."
23.84A.032 "R."
23.84A.036 "S"
23.84A.038 "T"
23.84A.040 "U."
23.84A.042 "V."
23.84A.044 "W"
23.84A.046 "Y."
23.84A.048 "Z."
23.84A.001 Applicability and interpretation.
A. The definitions in this chapter provide the meanings of terms used in this title, except as otherwise provided by this title or as the context may otherwise clearly require.
B. Unless the context of a provision of this title clearly requires otherwise:
1. Words defined in the singular number include the plural and words defined in the plural number include the singular; and
2. Definitions apply to variants formed by changes in format, word order, spelling, insertion of additional words, or omission of alternatives from terms. For example, the definition of "curbcut" applies to "curb-cut," and "curb cut," and the definition of "Facade, street-level" includes "street-level street-facing facade."
(Ord. 122311, § 100, 2006)
23.84A.002 "A"
"Abut" means to border upon.
"Access bridge" means a structure that is designed and necessary for pedestrian access from an alley, street or easement to a principal structure or accessory structure.
"Accessory dwelling unit." See "Residential use."
"Accessory parking." See "Parking, accessory."
"Accessory structure" means a structure that is incidental to the principal structure.
"Accessory use." See "Use, accessory."
"Addition to existing public school structures" means any extension of an existing public school structure or rebuilding of an existing public school structure any portion of which remains intact. Building of an entirely new public school structure when part of an existing public school complex is considered an addition to an existing public school structure when the proposed new structure is on an existing public school site.
"Adjacent" means near but not necessarily touching.
"Administrative conditional use." See "Use, conditional."
"Administrative office." See "Office."
"Adult cabaret." See "Entertainment use."
"Adult care center." See "Institution."
"Adult family home." See "Residential use."
"Adult motion picture theater." See "Entertainment use."
"Adult panoram." See "Entertainment use."
"Advertising sign." See "Billboard."
"Affordable housing." See "Housing, affordable."
"Agricultural use" means any of the following:
1. "Animal husbandry" means a use in which animals are reared or kept in order to sell the animals or their products, such as meat, fur or eggs, but does not include pet daycare centers or animal shelters and kennels. Examples of animal husbandry uses are poultry farms and rabbitries.
2. "Aquaculture" means a use in which food fish, shellfish or other marine foods, aquatic plants, or aquatic animals are cultured or grown in fresh or salt waters in order to sell them or the products they produce. Examples are fish farms and shellfish beds.
3. "Community garden" means a use in which land managed by a public or nonprofit organization, or a group of individuals, is used to grow plants and harvest food or ornamental crops from them for donation or for use by those cultivating the land and their households. Examples include P-Patch community gardens administered by the Department of Neighborhoods.
4. "Horticulture" means a use, other than an urban farm, in which plants are grown for the sale of them or their products or for use in any business, and in which other customarily incidental products may be sold. Examples include nurseries with greenhouses and garden stores.
5. "Urban farm" means a use in which plants are grown for sale of the plants or their products, and in which the plants or their products are sold at the lot where they are grown or off site, or both, and in which no other items are sold. Examples may include flower and vegetable raising, orchards and vineyards.
"Agricultural use" does not include landscaping or gardening that is incidental to a residential use or business if plants or their products are not sold.
"Airport." See "Air transportation facilities" under "Transportation facility."
"Aisle" means a passageway for vehicles within a parking garage or surface parking area, other than a driveway.
"Alley" means a public right-of-way not designed for general travel and primarily used or intended as a means of vehicular and pedestrian access to the rear of abutting properties. An alley may or may not be named.
"Alley, existing" means any alley that is not a new alley.
"Alley, new" means an alley proposed to be created through the subdivision or short subdivision process.
"Animal health services." See "Medical services."
"Animal husbandry." See "Agricultural use."
"Animal shelters and kennels" means a use in which four (4) or more small animals are boarded, impounded, cared for, or bred for sale as pets, and which may include on-site outdoor exercise space, and disposing of lost, stray, unwanted, dead or injured animals.
"Apartment" means a multi-family structure in which one (1) or more of the dwelling units is not ground-related.
"Appeal, open record." See "Hearing, open record."
"Application, fully complete, for preliminary plat approval of a subdivision" means an application meeting the requirements of Section 23.22.020.
"Application, fully complete, for short plat approval" means an application meeting the requirements of Sections 23.24.020 and 23.24.030.
"Aquaculture." See "Agricultural use."
"Arbor" means a landscape structure consisting of an open frame with horizontal and/or vertical latticework often used as a support for climbing plants. An arbor may be freestanding or attached to another structure.
"Areaway" means a space or court, either covered or uncovered, that affords room, access or light to a structure.
"Arterial." See "Street, arterial."
"Artist's studio/dwelling." See "Residential use."
"Arts facility" means space occupied by one or more not-for-profit organizations dedicated to the creation, display, performance or screening of art by or for members of the general public.
"Assisted living facility." See "Residential use."
"Atrium, public." See "Public atrium."
"Atrium, shopping." See "Shopping atrium."
"Automobile wrecking yard." See "Solid waste management, Salvage yard," under "Utility."
"Automotive parts and accessory sales." See "Retail sales and services, automotive" under "Sales and services, automotive."
"Automotive repair, major." See "Sales and services, automotive."
"Automotive retail sales and service." See "Sales and services, automotive."
"Automotive sales and service." See "Sales and services, automotive."
"Avenue," when used with reference to a downtown zone, means one of the following public rights-of-way: Elliott, Western, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Terry, Boren, Minor and Yale Avenues and Occidental and Maynard Avenue South.
"Average daily outpatients" means a number equal to the annual number of outpatients divided by the number of days the hospital receiving them is open.
"Awning, fixed" means a protective covering of fixed, non-collapsible, rigid construction, attached to a structure, the upper surface of which has a pitch of at least thirty (30) degrees from the horizontal.
(Ord. 123378, § 24, 2010; Ord. 123020, § 14, 2009; Ord. 122411, § 9, 2007; Ord. 122311, § 100, 2006)
23.84A.004 "B."
"Balcony" means "Deck" or "Ledge."
"Bay window" means a window feature comprising three (3) or more wall planes that projects beyond a structure face.
"Bed and breakfast." See "Lodging use."
"Bedroom" means any habitable space primarily used for sleeping that meets applicable requirements of the Building Code (SMC 22.100).
"Billboard." See "Sign, advertising."
"Bioretention facility" means a landscaped area that receives rainwater from surrounding areas and uses plants and soils to slow, filter and infiltrate stormwater runoff. Bioretention facilities include but are not limited to rain or rainwater gardens, bioretention planters, and linear cells or swales.
"Block." In areas outside downtown zones, a block consists of two (2) facing block fronts bounded on two (2) sides by alleys or rear lot lines and on two (2) sides by the centerline of platted streets, with no other intersecting streets intervening, as depicted in Exhibit 23.84A.004 A1.
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In downtown zones, a block consists of the area bounded by street lot lines, Exhibit 23.84A.004 A2.
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"Block face." See "Block front."
"Block front" means the land area along one (1) side of a street bound on three (3) sides by the centerline of platted streets and on the fourth side by an alley or rear lot lines (Exhibit 23.84A.004 B).
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"Boat moorage." See "Parking and moorage" under "Transportation facility."
"Boat moorage, public" means a boat moorage that is owned, operated or franchised by a governmental agency for use by the general public.
"Bridge, access." See "Access bridge."
"Building." See "Structure."
"Bus base." See "Vehicle storage and maintenance" under "Transportation facility."
"Business district identification sign" means an off-premises sign that gives the name of a business district or industrial park and which may list the names of individual businesses within the district or park.
"Business establishment" means an economic or institutional unit organized for the purposes of conducting business and/or providing a service. In order to be considered a separate business establishment, a business shall be physically separated from other businesses. Businesses that share common facilities, such as reception areas, checkout stands, and similar features (except shared building lobbies and restrooms) are considered the same business establishment. A business establishment may be within one structure or many, and may be located on a single lot or on multiple adjacent lots. A business establishment may be a commercial, manufacturing, institutional, or any other type of nonresidential use or live-work unit.
"Business incubator." See "Retail sales and services, non-household."
"Business sign." See "Sign, business."
"Business support service." See "Retail sales and services, non-household" under "Sales and services, heavy."
"Butterfly roof" means a roof having planes that slope upward from the interior of a structure toward its exterior walls.
(Ord. 122935, § 18, 2009; Ord. 122311, § 100, 2006)
23.84A.006 "C"
"C zone." See "Zone, general commercial."
"Cabaret, Adult." See "Entertainment use."
"Candelabra mounting." See "Communication devices and utilities."
"Canopy" means a non-rigid, retractable or non-retractable, protective covering located at the entrance to a structure.
"Car wash." See "Retail sales and services, automotive."
"Caretaker's quarters." See "Residential use."
"Cargo terminal." See "Transportation facility."
"Carpool" means a highway vehicle with a seating capacity of less than eight (8) persons, including the driver, that is used primarily to convey a group of two (2) or more employees between home and work.
"Carport" means a private garage that is open to the weather on at least forty (40) percent of the total area of its sides. (See also "Garage.")
"Car-sharing program" means a membership based organization that offers use of motor vehicles twenty-four (24) hours a day and seven (7) days a week to its members who reserve vehicles in advance, and that charges members for the time and/or miles.
"Cemetery" means a place dedicated and used or intended to be used as a burial ground.
"Character structure" means a structure on a lot within the boundaries of the Pike/Pine Conservation Overlay District that has been in existence for at least 75 years, thereby contributing to the established scale, development pattern, and architectural character of the area.
"Chargeable floor area" means gross floor area of all structures on any lot in a downtown zone, except portions of structures or uses that are expressly exempt from floor area limits under the provisions of this title, and after reduction by any applicable adjustment for mechanical equipment. Chargeable floor area is computed using the exemptions and adjustments in effect at the time the computation is made. Chargeable floor area includes any floor area, not otherwise exempt, that is in a structure in a downtown zone where floor area limits do not apply or that is permitted to be occupied by reason of the Landmark status of the structure in which it is located.
"Child care center." See "Institution."
"Church." See "Religious facility" under "Institution."
"Cinema." See "Theaters and spectator sports facilities" under "Entertainment."
"City facility" means a facility owned and/or operated for public purposes by The City of Seattle.
"City transportation authority" means a city transportation authority within the meaning of RCW Chapter 35.95A.
"Clerestory" means an outside wall of a building that rises above an adjacent roof of that building and contains vertical windows. Clerestories function so that light is able to penetrate below the roof of the structure.
"Club, private." See "Institution."
"Cluster development" means a development containing two (2) or more principal structures on one (1) lot, except that a cottage housing development is not considered a cluster development. In Highrise zones, two (2) or more towers on one (1) base structure will be considered a cluster development.
"College." See "Institution."
"Columbarium" means a structure or space in a structure containing niches for permanent inurnment of cremated remains.
"Commercial laundry." See "Commercial services, heavy" under "Sales and services, heavy."
"Commercial moorage." See "Boat moorage" under "Parking and moorage" under "Transportation facility."
"Commercial pickup and delivery" means the pickup and delivery of goods or merchandise by, or for, a business operated on the lot.
"Commercial use" means one of the following categories of uses:
Animal shelters and kennels;
Eating and drinking establishments;
Entertainment uses;
Food processing and craft work;
Laboratories, research and development;
Lodging uses;
Medical services;
Offices;
Sales and services, automotive;
Sales and services, general;
Sales and services, heavy; and
Sales and services, marine.
Communication Devices and Utilities (and Related Terms).
1. "Antenna, dish" means a round parabolic device for the reception and/or transmission of radiofrequency communication signals. A dish antenna may serve either as a major or minor communication utility or may be an accessory communication device. A dish antenna may be either
a. a satellite earth station antenna, which receives signals from and/or transmits signals to satellites, or
b. a point-to-consecutive-point antenna, which receive signals from terrestrial sources. Also called "Satellite dish antenna."
2. "Antenna, whip" means an omnidirectional antenna, cylindrical in shape, 4 inches or less in diameter and 12 feet or less in length.
3. "Candelabra mounting" means a single spreader that supports more than two antennas.
4. "Communication device, accessory" means a device by which radiofrequency communication signals are transmitted and/or received, such as but not limited to whip, horn and dish antennas, and that is accessory to the principal use on the site. Antennas and other equipment associated with major and minor communication utilities are not accessory communication devices.
5. "Communication device, receive-only" means a radio frequency device with the ability to receive signals, but not to transmit them.
6. "Communication utility, major" means a use in which the means for radiofrequency transfer of information are provided by facilities with significant impacts beyond their immediate area. These utilities include, but are not limited to, FM and AM radio and UHF and VHF television transmission towers. A major communication utility use does not include communication equipment accessory to residential uses; nor does it include the studios of broadcasting companies, such as radio or television stations, which shall be considered administrative offices even if there is point-to-point transmission to a broadcast tower.
7. "Communication utility, minor" means a use in which the means for radiofrequency transfer of information are provided but do not have significant impacts beyond the immediate area. These utilities are smaller in size than major communication utilities and include two-way, land-mobile, personal wireless services and cellular communications facilities; cable TV facilities; point-to-point microwave antennas; FM translators; and FM boosters with under ten watts transmitting power. A minor communication utility does not include wire, cables, or communication equipment accessory to residential uses; nor does it include the studios of broadcasting companies, such as radio or television stations, which shall be considered administrative offices even if there is point-to-point transmission to a broadcast tower.
8. "Communication utility, physical expansion of major or minor" means any increase in footprint and/or envelope of transmission towers. Physical expansion does not include an increase in height of the tower resulting from repair, reconstruction, replacement or modification to the antenna that would result in lower radio frequency radiation exposure readings at ground level or in greater public safety, as long as the height above mean sea level does not increase by more than ten percent and in any event does not exceed 1,100 feet above mean sea level. Replacement of existing antennas or addition of new antennas is not considered physical expansion, unless such replacement or addition increases the envelope of the transmission tower by such means as utilizing a candelabra mounting. Replacement or expansion of an equipment building is not considered physical expansion.
9. "Reception window obstruction" means a physical barrier that would block the signal between an orbiting satellite and a land-based antenna.
10. "Telecommunication facility, shared-use" means a telecommunication facility used by two or more television stations or five or more FM stations.
11. "Telecommunication facility, single-occupant" means a telecommunication facility used only by one television station or by one television station and one to four FM stations.
12. "Transmission tower" means a tower or monopole on which communication devices are placed. Transmission towers may serve either as a major or minor communication facility.
13. "Wireless service, fixed" means the transmission of commercial non-broadcast communication signals via wireless technology to and/or from a fixed customer location. Fixed wireless service does not include AM radio, FM radio, amateur ("HAM") radio, Citizen's Band (CB) radio, and Digital Audio Radio Service (DARS) signals.
14. "Wireless service, personal" means a commercial use offering cellular mobile services, unlicensed wireless services and common carrier wireless exchange access services.
"Community clubs or centers." See "Institution."
"Conditional use." See "Use, conditional."
"Congregate residence." See "Residential use."
"Construction services." See "Commercial services, heavy" under "Sales and services, heavy."
"Control of access" means the condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a public street is fully or partially controlled by public authority.
"Control of access, full" means the condition where the authority to control access is exercised to give preference to through traffic by providing access connections with selected public streets only and by prohibiting crossings at grade and direct driveway connections.
"Control of access, partial" means the condition where the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public streets, there may be some crossings at grade and some direct connections.
"Corner lot." See "Lot, corner."
"Cottage, backyard." See "detached accessory dwelling unit" under the definition of "Residential use" in Section 23.84A.032.
"Cottage housing development" means a development consisting of at least four (4) cottages that are single-family dwelling units arranged on at least two (2) sides of a common open space with a maximum of twelve (12) cottages per development.
"Council" means the City Council of The City of Seattle.
"Council conditional use." See "Conditional use."
"Craft work." See "Food processing and craft work."
"Cul-de-sac" means a street closed at one end by a widened pavement of sufficient size for automotive vehicles to be turned around.
"Curb" means a physical curb constructed from cement concrete, asphalt concrete, or granite.
"Curb cut" means a depression in the curb, for the purpose of accommodating a driveway, that provides vehicular access between private property and the street or easement, or where there is no curb, the intersection of the driveway and the curbline.
"Curbline" means the edge of a roadway, whether marked by a curb or not. When there is not a curb, the curbline shall be established by the Director of Seattle Department of Transportation.
"Custom and craft work." See "Food processing and craft work."
"Customer service office." See "Retail sales and services, general" under "Sales and services, general."
(Ord. No. 123209, § 64, 2009; Ord. 123141, § 4, 2009; Ord. 123046, § 60, 2009; Ord. 123020, § 15, 2009; Ord. 122411, § 10, 2007; Ord. 122311, § 100, 2006)
23.84A.008 "D."
"Deck" means a platform extending more than eighteen (18) inches from a structure, or an unattached platform. A deck may be cantilevered or connected to the ground by posts and may have steps or ramps to the ground and a door to the structure. (See also "Porch.")
"Dedication" means an appropriation or giving up of property to public use that precludes the owner or others claiming under the owner from asserting any right of ownership inconsistent with the use for which the property is dedicated.
"Department" means the Department of Planning and Development.
"Depth." See "Structure depth."
"Detached accessory dwelling unit." See "Residential use."
"Development regulations." See RCW 36.70A.030.
"Director" means the Director of the Department of Planning and Development, or the Director's designee.
"Dish antenna." See "Communication devices and utilities."
"Dispersion criteria" means standards regulating the maximum concentration of and/or minimum distance between particular uses.
"Display of rental equipment, outdoor." See "Outdoor display of rental equipment."
"DMC housing TDR site." See "TDR site, DMC housing."
"Doctor, hospital-based" means a physician having an office and/or principal practice based in and/or salaried by a major institution.
"Doctor, staff" means a physician with staff privileges at a hospital who has an office outside the boundaries of the major institution.
"Domestic violence shelter." See "Residential use."
"Dormer" means a minor gable in a pitched roof, usually bearing a window on its vertical face. A dormer is part of the roof system.
"Downtown Amenity Standards" means the provisions contained in Attachment 3 to Ordinance 122054, as they may be amended from time to time by ordinance.
"Drinking establishment." See "Eating and drinking establishment"
"Drive-in business" means a business or a portion of a business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a motor vehicle or while out of the vehicle but in the immediate vicinity of the vehicle. This definition shall include but not be limited to gas stations, car washes, and drive-in restaurants or banks.
"Drive-in lane" means an aisle that gives vehicle access to a drive-in window or other drive-in facility such as a gasoline pump or car wash bay.
"Driveway" means that portion of a street, alley or private lot that provides access to, but not within, an off-street parking facility from a curb cut, and may include portions of the sidewalk.
"Dry boat storage." See "Parking and moorage" under "Transportation facility."
"Duplex" means a single structure containing only two dwelling units, neither of which is an accessory dwelling unit authorized under Section 23.44.041.
"Dwelling unit" means a room or rooms located within a structure, designed, arranged, occupied or intended to be occupied by not more than one household as living accommodations independent from any other household. The existence of a food preparation area within the room or rooms shall be evidence of the existence of a dwelling unit.
"Dwelling unit, accessory." See "Residential use."
"Dwelling unit, detached accessory." Also known as a backyard cottage. See "detached accessory dwelling unit" under the definition of "Residential use" in Section 23.84A.032.
(Ord. 123141, § 5, 2009; Ord. 122311, § 100, 2006)
23.84A.010 "E."
"Easement" means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.
"Eating and drinking establishment" means a use in which food and/or beverages are prepared and sold at retail for immediate consumption. Eating and drinking establishments include restaurants and drinking establishments.
1. "Drinking establishment" means an establishment other than a restaurant, licensed to sell alcoholic beverages for consumption on premises; that 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 but are not limited to taverns, saloons, brewpubs, bars, pubs, or cocktail lounges associated with restaurants.
2. "Restaurant" means a use in which food and/or beverage preparation and service is provided for individual consumption either on- or off-premise, and in which any service of alcoholic beverages is accessory to the service of food.
"Edge" means the boundary between two (2) kinds of areas that are identified by the uses within them, degree of activity, topography or other special characteristics.
"EIS" means an environmental impact statement required by the State Environmental Policy Act, including as the context may require a draft, final or supplemental EIS.
"Electric-assisted bicycle" shall have the same meaning accorded by RCW 46.04.169, as that section currently exists or is hereafter amended.
"Electric scooter" means a vehicle: (1) with a handlebar for steering, two wheels less than 18 inches in diameter, and a saddle or seat for the operator and any passenger; (2) propelled by an electric motor or by an electric motor in combination with human propulsion; and (3) incapable of exceeding a speed of 30 miles per hour on level ground.
"Elevated walkway" means a pedestrian walkway connecting structures within a cluster development and located above existing grade.
"Entertainment use" means a commercial use in which recreational, entertainment, athletic, and/or cultural opportunities are provided for the general public, either as participants or spectators. Uses accessory to institutions or to public parks or playgrounds shall not be considered entertainment uses. Entertainment uses include the following uses:
1. "Cabaret, adult" means an entertainment use where licensing as an "adult entertainment premises" is required by SMC Chapter 6.270.
2. "Motion picture theater, adult" means a use in which, in an enclosed building, motion picture films are presented that are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas," as defined in this subsection, for observation by patrons therein:
a. "Specified sexual activities":
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
b. "Specified anatomical areas":
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region,
(b) Buttock, or
(c) Female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
3. "Panoram, adult" means a device which exhibits or displays for observation by a patron a picture or view from film or videotape or similar means which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in subsection 1.
4. "Sports and recreation, indoor" means an entertainment use in which facilities for engaging in sports and recreation are provided within an enclosed structure, and in which any spectators are incidental and are not charged admission. Examples include but are not limited to bowling alleys, roller and ice skating rinks, dance halls, racquetball courts, physical fitness centers and gyms, and videogame parlors.
5. "Sports and recreation, outdoor" means an entertainment use in which facilities for engaging in sports and recreation are provided outside of an enclosed structure, and in which any spectators are incidental and are not charged admission. Examples include tennis courts, water slides, and driving ranges.
6. "Theaters and spectator sports facilities" means an entertainment use in which cultural, entertainment, athletic, or other events are provided for spectators either in or out of doors. Adult motion picture theaters and adult panorams shall not be considered theaters and spectator sports facilities for the purposes of this definition. Theaters and spectator sports facilities include, but are not limited to, the following uses:
a. "Lecture and meeting hall" means a theater and spectator sports facility intended and expressly designed for public gatherings such as but not limited to commercial spaces available for rent or lease for the purpose of holding meetings or the presentation of public speeches.
b. "Motion picture theater" means a theater and spectator sports facility use intended and expressly designed for the presentation of motion pictures, other than an adult motion picture theater.
c. "Performing arts theater" means a theater and spectator sports facility intended and expressly designed for the presentation of live performances of drama, dance and music.
d. "Spectator sports facility" means a theater and spectator sports facility intended and expressly designed for the presentation of sports events, such as a stadium or arena.
"Entrance ramp" means any public road or turning roadway, including acceleration lanes, by which traffic enters the main traveled way of a limited-access facility from the general street system; such designation applying to that portion of the roadway along which there is full control of access.
"Environmentally critical area" means any of those areas regulated as an environmentally critical area by SMC Chapter 25.09, Regulations for Environmentally Critical Areas.
"Essential public facilities" means airports, sewage treatment plants, jails, light rail transit systems, monorail transit systems, and power plants.
"Existing lot grade." See "Lot grade, existing."
"Exit ramp" means any public road or turning roadway, including deceleration lanes, by which traffic leaves the main traveled way of a freeway to reach the general street system within the city; such designation applying to that portion of the roadway along which there is full control of access.
"Expressway" means a divided arterial street for through traffic with full or partial control of access and generally with grade separations at intersections.
(Ord. 122411, § 11, 2007; Ord. 122311, § 100, 2006)
23.84A.012 "F."
"Facade" means any exterior wall of a structure including projections from and attachments to the wall. Projections and attachments include balconies, decks, porches, chimneys, unenclosed corridors and similar projections.
"Facade, front" means the facade, other than an interior facade, extending the full width of the structure, including modulations, that is closest to and most nearly parallels the front lot line.
"Facade, interior" means any facade of a structure within a cluster development, that faces, or portions of which face, the facade(s) of another structure(s) within the same development.
"Facade, perimeter" means any facade of a structure within a cluster development, that is either a front, rear or side facade.
"Facade, rear" means the facade, other than an interior facade, extending the full width of the structure, including modulations, that is closest to and most nearly parallels the rear lot line.
"Facade, side" means a facade, other than an interior facade, extending the full depth of the structure, including modulations, that is closest to and most nearly parallels the side lot line.
"Facade, street-facing" means for any street lot line, all portions of the facade, including modulations, that are:
1. oriented at less than a ninety (90) degree angle to the street lot line; and
2. not separated from the street lot line by any structure or another lot.
"Facade, street-level" means the portion of the facade that covers the street-level story or stories of a structure along an abutting street. On streets with little or no slope, the street-level facade is the exterior wall of the story of a structure with its floor closest to street-level. On sloped streets, the street-level facade may cover portions of more than one story.
"Family support center." See "Institution."
"FAR." See "Floor area ratio."
"Fast food restaurant, formula" 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:
1. standardized menus, ingredients, food preparation, decor, external facade and/or uniforms;
2. prepared food in a ready-to-consume state;
3. food sold over the counter in disposable containers and wrappers;
4. food selected from a limited menu.
"Fixed wireless service." See "Communication Devices and Utilities."
"Flat" means a dwelling unit that is located entirely on one (1) level in a multi-family structure.
"Fleet vehicles" means more than three (3) vehicles having a gross vehicle weight (gvw) not exceeding ten thousand (10,000) pounds, or more than one (1) vehicle having a gvw exceeding ten thousand (10,000) pounds permanently located at a business establishment or operated on a daily basis in connection with business activities. This definition shall not include vehicles that are available for rent to the public.
"Floating homes." See "Residential use."
"Floor area, gross." See "Gross floor area."
"Floor area ratio" means a ratio expressing the relationship between the amount of gross floor area or chargeable floor area permitted in one or more structures and the area of the lot on which the structure is, or structures are, located, as depicted in Exhibit 23.84A.012 A.
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"Florist" means a retail sales and service use in which cut flowers and other plants are sold.
"Food preparation area" means a room or portion of a room designed, arranged, intended or used for cooking or otherwise making food ready for consumption.
"Food processing and craft work" means a commercial use in which food items and craft work are produced without the use of a mechanized assembly line and includes but is not limited to the following:
1. "Custom and craft work" means a food processing and craft work use in which nonfood, finished, personal or household items, which are either made to order or which involve considerable handwork, are produced. Examples include but are not limited to pottery and candlemaking, production of orthopedic devices, motion picture studios, printing, creation of sculpture and other art work, and glassblowing. The use of products or processes defined as high-impact uses shall not be considered custom and craft work.
2. "Food processing" means a food processing and craft work use in which food for human consumption in its final form, such as candy, baked goods, seafood, sausage, tofu, pasta, etc., is produced, when the food is distributed to retailers or wholesalers for resale off the premises. Food or beverage processing using mechanized assembly line production of canned or bottled goods is not included in this definition, but shall be considered to be light manufacturing.
"Formula fast-food restaurant." See "Fast food restaurant, Formula."
"Freeway" means an expressway with full control of access.
"Fuel pump" means a device for retail deliveries of motor fuels, including but not limited to gasoline, diesel, natural gas, bio-diesel, or hydrogen, to individual motor vehicles.
"Fuel sales" see "Sales, Heavy commercial" under "Sales and services, Heavy
(Ord. 122311, § 100, 2006)
23.84A.014 "G."
"Garage, private" means an accessory structure or an accessory portion of a principal structure, designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal structure. (See "Carport.")
"Garage, terraced" means a private garage that is partially below existing and/or finished grade.
"Garden wall crypt" means an outdoor freestanding wall or exterior wall of a structure containing niches for permanent inurnment of cremated remains.
"Gas station." See "Retail sales and services, automotive" under "Sales and services, automotive."
"General mailed release" means an information mailing to the individuals and groups on a master mailing list as may be established by the Department.
"General manufacturing." See "Manufacturing"
"General retail sales and services." See "Sales and services, general."
"General sales and services." See "Sales and services, general."
"Grade." See "Lot grade."
"Green Factor" means a scoring system for required landscaping, as described in Section 23.86.019.
"Green roof" means a landscaped area on the roof of a structure.
"Green street" means a street right-of-way that is part of the street circulation pattern, that through a variety of treatments, such as sidewalk widening, landscaping, traffic calming, and pedestrian-oriented features, is enhanced for pedestrian circulation and open space use.
"Green street, designated" means a portion of a street designated as a green street on a map in this Title.
"Greenhouse" means a structure or portion of a structure, made primarily of glass or other translucent material, for which the primary purpose is the cultivation or protection of plants.
"Grocery store" means a business establishment (or portion thereof) in multipurpose retail sales use where food and beverages for home consumption, and household supplies, are the principal products sold.
"Gross floor area" means the number of square feet of total floor area bounded by the inside surface of the exterior wall of the structure as measured at the floor line.
"Ground-related dwelling unit" means a dwelling unit with direct access to private ground-level usable open space. The open space may be located at the front, sides or rear of the structure, and not more than ten (10) feet above or below the unit. Access to the open space shall not go through or over common circulation areas, common or public open spaces, or the open space of another unit.
"Ground-related structure" means a structure containing only ground-related dwelling units.
(Ord. 123378, § 25, 2010; Ord. 122935, § 19, 2009; Ord. 122311, § 100, 2006)
23.84A.016 "H."
"Hard-surfaced street" means a street that has been surfaced with a material other than crushed rock so that a hard, smooth, strong surface exists.
"Hazardous materials" means substances that are capable of posing risk to health, safety or property as defined in the Seattle Fire Code.
"Hearing Examiner" means the official appointed by the Council and designated as the Hearing Examiner, or that person's designee (Deputy Hearing Examiner, Hearing Examiner Pro Tem, etc.).
"Hearing, open record." See RCW 36.70B.020.
"Heat recovery incinerator" means an accessory facility designed for the conversion of at least one (1) ton per day of solid waste into useful energy, together with storage and handling bins and machinery required for its operation.
"Heavy commercial services." See "Commercial services, heavy" under "Sales and services, heavy."
"Heavy commercial sales." see "Commercial sales, heavy" under "Sales and services, heavy."
"Heavy manufacturing." See "Manufacturing."
"Heavy sales and services" See "Sales and services, heavy."
"Heavy traffic generator," means any use that generates more than seventy-five (75) trips per hour per one thousand (1,000) square feet of gross floor area at peak hour, according to the Institute of Transportation Engineers' (ITE) Trip Generation Manual.
"Heliport." See "Air transportation facility" under "Transportation facility."
"Helistop." See "Air transportation facility" under "Transportation facility."
"High-impact use" means a business establishment that is considered to be dangerous and/or noxious due to the probability and/or magnitude of its effects on the environment; and/or has the potential for causing major community or health impacts, including but not limited to nuisance, odors, noise, and/or vibrations; and/or is so chemically intensive as to preclude site selection without careful assessment of potential impacts and impact mitigation. The Director shall consult as necessary with the Chief of the Seattle Fire Department, the Director of the Seattle-King County Health Department, and other local, state, regional and federal agencies to determine when a business establishment shall be regulated as a high-impact use.
"Hillclimb assist" means an amenity feature consisting of a pedestrian corridor that incorporates a mechanical device or combination of mechanical and non-mechanical features to connect avenues across lots with slopes of ten (10) percent or more to aid pedestrian movement up and down the slopes.
"Hillside terrace" means an amenity feature consisting of an extension of the public sidewalk on lots with slopes of ten (10) percent or more, which through design features provides public street space, helps integrate street-level uses along the sidewalk, and makes pedestrian movement up and down steep slopes easier and more pleasant.
"Home occupation" means a nonresidential use that is clearly incidental and secondary to the use of a dwelling for residential purposes and does not change the character of the dwelling.
"Horticulture." See "Agricultural use."
"Hospital." See "Institution."
"Hotel." See "Lodging use."
"Household" means a housekeeping unit consisting of any number of related persons; eight (8) or fewer non-related, non-transient persons; or eight (8) or fewer related and non-related non-transient persons, unless a grant of special or reasonable accommodation allows an additional number of persons.
"Household, low-income" means a household whose income does not exceed eighty (80) percent of median income.
"Household, moderate-income" means a household whose income does not exceed median income.
"Household, very low-income" means a household whose income does not exceed fifty (50) percent of median income.
"Housing, affordable" means a housing unit for which the occupant is paying no more than thirty (30) percent of household income for gross housing costs, including an allowance for utility costs paid by the occupant.
"Housing, low-income" means housing affordable to, and occupied by, low-income households.
"Housing, moderate-income" means housing affordable to, and occupied by, moderate-income households.
"Housing, very low-income" means housing affordable to, and occupied by, very low-income households.
"Housing TDR site." See "TDR site, housing."
"Housing unit" means any dwelling unit, housekeeping unit, guest room, dormitory, or single occupancy unit.
"Human service use" means a use in which structure(s) and related grounds or portions thereof are used to provide one or more of the following: emergency food, medical or shelter services; community health care clinics, including those that provide mental health care; alcohol or drug abuse services; information and referral services for dependent care, housing, emergency services, transportation assistance, employment or education; consumer and credit counseling; or day care services for adults. Human service uses provide at least one (1) of the listed services directly to a client group on the premises, rather than serve only administrative functions.
(Ord. 122311, § 100, 2006)
23.84A.018 "I."
"Infill development" means development consisting of either:
1. Construction on one (1) or more lots in an area that is mostly developed, or
2. New construction between two (2) existing structures.
"Institute for advanced study." See "Institution."
"Institution" means structure(s) and related grounds used by organizations for the provision of educational, medical, cultural, social and/or recreational services to the community, including but not limited to the following uses:
1. "Adult care center" means an institution that regularly provides care to a group of adults for less than twenty-four (24) hours a day, whether for compensation or not.
2. "College" means a post-secondary educational institution, operated by a nonprofit organization, granting associate, bachelor and/or graduate degrees.
3. "Community club or center" means an institution used for athletic, social, civic or recreational purposes, operated by a nonprofit organization, and open to the general public on an equal basis. Activities in a community club or center may include classes and events sponsored by nonprofit organizations, community programs for the elderly, and other similar activities.
a. "Community center" means a community club or center use, providing direct services to people on the premises rather than carrying out only administrative functions, that is open to the general public without membership.
b. "Community club" means a community club or center use, membership to which is open to the general public on an equal basis.
4. "Child care center" means an institution that regularly provides care to a group of children for less than twenty-four (24) hours a day, whether for compensation or not. Preschools shall be considered to be child care centers.
5. "Family support center" means an institution that offers support services and instruction to families, such as parenting classes and family counseling, and is co-located with a Department of Parks and Recreation community center.
6. "Hospital" means an institution that provides accommodations, facilities and services over a continuous period of twenty-four (24) hours or more, for observation, diagnosis and care of individuals who are suffering from illness, injury, deformity or abnormality or from any condition requiring obstetrical, medical or surgical services, or alcohol or drug detoxification. This definition excludes nursing homes.
7. "Institute for advanced study" means an institution operated by a nonprofit organization for the advancement of knowledge through research, including the offering of seminars and courses, and technological and/or scientific laboratory research.
8. "Library" means an institution where literary, musical, artistic or reference materials are kept for use but not generally for sale.
9. "Museum" means an institution operated by a nonprofit organization as a repository of natural, scientific, historical, cultural or literary objects of interest or works of art, and where the collection of such items is systematically managed for the purpose of exhibiting them to the public.
10. "Private club" means an institution used for athletic, social or recreational purposes and operated by a private nonprofit organization, membership to which is by written invitation and election according to qualifications in the club's charter or bylaws and the use of which is generally restricted to members and their guests.
11. "Religious facility" means an institution, such as a church, temple, mosque, synagogue or other structure, together with its accessory structures, used primarily for religious worship.
12. "School, elementary or secondary" means an institution operated by a public or nonprofit organization primarily used for systematic academic or vocational instruction through the twelfth grade.
13. "School, vocational or fine arts" means an institution which teaches trades, business courses, hairdressing and similar skills on a post-secondary level, or which teaches fine arts such as music, dance or painting to any age group, whether operated for nonprofit or profit-making purposes.
14. "University." See "College."
(Ord. 122311, § 100, 2006)
23.84A.020 "J."
"Jail" means a public facility for the incarceration of persons under warrant, awaiting trial on felony or misdemeanor charges, convicted but not yet sentenced, or serving a sentence upon conviction. This definition does not include facilities for programs providing alternatives to imprisonment such as prerelease, work release or probationary programs.
"Junk storage" means the temporary or permanent storage outdoors of junk, waste, discarded, salvaged or used materials or inoperable vehicles or vehicle parts. This definition shall include but not be limited to the storage of used lumber, scrap metal, tires, household garbage, furniture, and inoperable machinery.
"Junkyard." See "Salvage and recycling."
(Ord. 122311, § 100, 2006)
23.84A.022 "K."
"Kennel." See "Animal shelters and kennels."
"Kitchen." See "Food preparation area."
(Ord. 122311, § 100, 2006)
23.84A.024 "L"
"Laboratory, research and development" means a 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.
"Landmark housing TDR site." See "TDR site, Landmark housing."
"Landmark structure" means a structure designated as a landmark pursuant to the Landmark Preservation Ordinance, Chapter 25.12.
"Landscape section" means a section of the right-of-way of a freeway, expressway, parkway or scenic route, at least one (1) side of which is improved by the planting, for other than the sole purpose of soil erosion control, of ornamental trees, shrubs, lawn or other vegetation, or at least one (1) side of which is endowed by nature with native trees and shrubs that are reasonably maintained, and which has been so designated by this Code.
"Landscaping" means live planting materials, including but not limited to, trees, shrubs, vegetables, fruits, grass, vines, ground cover or other growing horticultural material. Landscaping may also include features intended to enhance a landscaped area, including water features, pathways or materials such as wood chips, stone, permeable paving or decorative rock.
"Laundry, commercial." See "Commercial services, heavy" under "Sales and services, heavy."
"Lecture and meeting halls." See "Theaters and spectator sports facilities" under "Entertainment."
"Ledge" means a cantilevered or posted platform extending no more than eighteen (18) inches from a structure.
"LEED" (Leadership in Energy & Environmental Design) means the U.S. Green Building Council's Green Building Rating SystemTM. LEED is a voluntary consensus-based national standard for developing high-performance, sustainable buildings. LEED provides standards for higher performance in the following categories: Sustainable Sites, Water Efficiency, Energy and Atmosphere, Materials and Resources, Indoor Environmental Quality, and Innovation and Design Process.
"LEED-CS" (LEED for Core & Shell) means a standard for core and shell construction and covers base building elements, such as the structure, envelope and building level systems. LEED-CS recognizes the division between owner and tenant responsibility for design and construction of certain elements of the building.
"LEED-NC" (LEED for New Construction) means a standard for new construction and major renovation projects. LEED-NC covers all building elements, including core and shell and interiors. LEED-NC was designed for commercial, institutional, high-rise residential, and mixed-use projects, but has also been applied to K-12 schools, industrial, laboratories, and many other building types.
"LEED Silver rating" means a level of performance for a new structure that earns at least the minimum number of credits specified to achieve a "Silver" certification either for "LEED-NC" or for "LEED-CS," at the election of the applicant, according to the criteria in the U.S. Green Building Council's LEED Green Building Rating System, LEED-NC Version 2.2 and LEED-CS Pilot Version, copies of which are filed with the City Clerk in C.F. 307824, and incorporated in this section by reference.
"Library." See "Institution."
"Light manufacturing." See "Manufacturing."
"Light rail transit facility." See "Rail transit facility" under "Transportation facility."
"Light rail transit system." See "Rail transit facility" under "Transportation facility."
"Live-work unit" means a structure or portion of a structure: (1) that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household; (2) where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and (3) where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.
"Loading berth" means an off-street space for the temporary parking of a vehicle while loading or unloading merchandise or materials and that abuts on a street, alley or easement.
"Lodging use" means a commercial use in which the primary activity is the provision of rooms to transients. Lodging uses include but are not limited to the following uses:
1. "Bed and breakfast" means a lodging use, where rooms within a single dwelling unit are provided to transients by a resident operator for a fee by prearrangement on a daily or short-term basis. A breakfast and/or light snacks may be served to those renting rooms in the bed and breakfast.
2. "Hotel" means a lodging use, located in a structure in which access to individual units is predominantly by means of common interior hallways, and in which a majority of the rooms are provided to transients for a fee on a daily or short-term basis.
3. "Motel" means a lodging use, located in a structure in which access to individual units is predominantly by means of common exterior corridors, and in which a majority of the rooms are provided to transients on a daily or short- term basis, and in which off-street parking is provided on the lot.
"Lot" means, except for the purposes of a TDR sending lot for Landmark TDR or housing TDR, one or more platted or unplatted parcels of land abutting upon and accessible from a private or public street sufficiently improved for vehicle travel or abutting upon and accessible from an exclusive, unobstructed permanent access easement. A lot may not be divided by a street or alley (Exhibit 23.84A.024 A). For purposes of a TDR sending lot for Landmark TDR, "lot" means the parcel described in the ordinance approving controls for the sending lot. For purposes of a sending lot for housing TDR, "lot" means the smallest parcel or combination of contiguous parcels, as described in the County real property records at any time after January 4, 1993, that contain the structure or structures that make the TDR eligible for transfer.
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"Lot area" means the total area of the horizontal plane within the lot lines of a lot.
"Lot, corner" means a lot situated at the intersection of two (2) streets, or bounded on two (2) or more adjacent sides by street lot lines, provided that the angle of intersection of the street lot lines does not exceed one hundred thirty-five (135) degrees.
"Lot coverage" means that portion of a lot occupied by structures, expressed as a percentage of the total lot area (Exhibit 23.84A.024 B).
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"Lot depth" means the horizontal distance between the front and rear lot lines.
"Lot grade, existing" means the natural surface contour of a lot, as modified by minor adjustments to the surface of the lot in preparation for construction.
"Lot, interior" means a lot other than a corner lot.
"Lot, key" means the first lot to the rear of a reversed corner lot whether or not separated by an alley.
"Lot line, front" means, in the case of an interior lot, the lot line separating the lot from the street, and in the case of a corner lot, the lot line separating the lot from any abutting street, provided the other lot line(s) that abut streets are considered to be side street lot line(s).
"Lot line, rear" means a lot line that is opposite and most distant from the front lot line.
"Lot line, side" means any lot line other than a front lot line or a rear lot line.
"Lot line, side street" means a lot line, other than the front lot line, abutting upon a street.
"Lot line, street" means a front lot line or a side street lot line.
"Lot lines" means the property lines bounding a lot.
"Lot, parent" means the initial lot from which unit lots are subdivided under Section 23.22.062 or Section 23.24.045.
"Lot, reversed corner" means a corner lot, the side street lot line of which is substantially a continuation of the front lot line of the lot to its rear, whether or not separated by an alley.
"Lot, through" means a lot abutting on two (2) streets that are parallel or within fifteen (15) degrees of parallel with each other.
"Lot, unit" means one of the individual divisions created from the subdivision of a parent lot pursuant to Section 23.22.062 or Section 23.24.045. A unit lot is not a lot.
"Lot, waterfront" means a lot or parcel any portion of which is offshore of or abuts upon the ordinary high water mark or mean high water mark and any other lot or parcel partially or entirely within the Shoreline District that is not separated from the water by a street, arterial, highway or railroad right-of-way, that was a legal right-of-way as of March 17, 1977, but does not include any legally dedicated right-of-way.
"Lot width" means the mean horizontal distance between side lot lines measured at right angles to the lot depth.
"Low-income disabled multifamily structure." See "Multifamily structure, low-income disabled." "Low-income elderly multifamily structure." See "Multifamily structure, low-income elderly."
"Low-income elderly/low-income disabled multifamily structure." See "Multifamily structure, low-income elderly/low-income disabled."
"Low-income household." See "Household, low-income."
"Low-income housing." See "Housing, low-income."
(Ord. 123046, § 61, 2009; Ord. 122311, § 100, 2006)
23.84A.025 "M."
"Mailed notice" means notice mailed to such property owners, commercial lessees and residents of the area within three hundred (300) feet of the boundaries of a specific site as can be determined from the records of the King County Department of Assessments and such additional references as may be identified by the Director; provided, that in the downtown area bounded by Denny Way, Interstate 5, South Royal Brougham Way and Elliott Bay, mailed notice provided by the Director shall mean notice mailed to owners, lessees and building managers on the project site and to property owners and building managers within three hundred (300) feet of a specific site and the posting by the applicant of one (1) land use sign visible to the public at each street frontage abutting the site but not to exceed ten (10) land use signs. When there is no street frontage or the site abuts an unimproved street, the Director shall require either more than one (1) sign and/or an alternative posting location so that notice is clearly visible to the public. The land use sign may be removed by the applicant within fourteen (14) days after final action on the application has been completed. Annually, the Director shall publish in the City's official newspaper additional reference(s) to be used to supplement the information obtained from the Kind County records. The mailed notice shall request that property managers post the notice in a public area of the commercial or multifamily building.
"Major communication utility." See "Communication devices and utilities."
"Major durables retail sales." See "Sales and services, heavy."
"Major Institution" means an institution providing medical or educational services to the community. A Major Institution, by nature of its function and size, dominates and has the potential to change the character of the surrounding area and/or create significant negative impacts on the area. To qualify as a Major Institution, an institution must have a minimum site size of sixty thousand (60,000) square feet of which fifty thousand (50,000) square feet must be contiguous, and have a minimum gross floor area of three hundred thousand (300,000) square feet. The institution may be located in a single building or a group of buildings that includes facilities to conduct classes or related activities needed for the operation of the institution.
A Major Institution shall be determined to be either an educational Major Institution or a medical Major Institution, according to the following:
1. "Educational Major Institution" means an accredited post-secondary level educational institution, operated by a public agency or nonprofit organization, granting associate, baccalaureate and/or graduate degrees. The institution may also carry out research and other activities related to its educational programs.
2. "Medical Major Institution" means a licensed hospital.
"Major performing arts facility" means a facility specifically designed for the presentation of live performances of theater, dance or music, that at a minimum has one (1) auditorium with at least two thousand (2,000) seats.
"Major Phased Development" means a nonresidential, multiple building project that, by the nature of its size or function, is complex enough to require construction phasing over an extended period of time, excluding Major Institutions.
"Major retail store" means a structure or portion of a structure that provides adequate space of at least eighty thousand (80,000) square feet to accommodate the merchandising needs of a major new retailer with an established reputation, and providing a range of merchandise and services, including both personal and household items, to anchor downtown shopping activity around the retail core, thereby supporting other retail uses and the area's vitality and regional draw for customers.
"Manufacturing" means a use in which articles are produced by hand or by machinery, from raw or prepared materials, by giving to those materials new forms, qualities, properties, or combinations, in a process characterized by the repetitive production of items made to the same or similar specifications. Items produced are generally sold directly to other businesses, or are sold at wholesale. The retail sale of items to the general public is incidental to the production of goods. For the purpose of this definition, uses listed as food processing and craft work or high-impact uses are not considered manufacturing uses. Manufacturing uses include the following:
1. "Manufacturing, light" means a manufacturing use, typically having little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution, and including but not limited to the following:
a. Production, assembly, finishing, and/or packaging of articles from parts made at another location, such as assembly of clocks, electrical appliances, or medical equipment.
b. Production of finished household and office goods, such as jewelry, clothing or cloth, toys, furniture, or tents, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, premilled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials;
c. Canning or bottling of food or beverages for human consumption using a mechanized assembly line or food processing for animal consumption;
d. Printing plants with more than five thousand (5,000) square feet of gross floor area.
2. "Manufacturing, general" means a manufacturing use, typically having the potential of creating moderate noise, smoke, dust, vibration or other environmental impacts or pollution, and including but not limited to the following:
a. Production of items made from stone or concrete;
b. Production of items from ferrous or nonferrous metals through use of a machine shop, welding or fabrication; or from nonferrous metals through use of a foundry; or from ferrous metals through use of a foundry heated by electricity (induction melting);
c. Production of recreational or commercial vessels of less than one hundred twenty (120) feet in length to individual customer specifications;
d. Production of finished goods, that typically are not for household or office use, such as barrels, ceramic molds, or cardboard cartons, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, premilled wood; or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials;
e. Production of finished goods, for household or non-household use, such as toys, film, pens, or linoleum from plastic, rubber, or celluloid;
f. Production of parts to be assembled into a finished product;
g. Development of film on a wholesale basis;
h. Production of items through biological processes, such as pharmaceuticals and industrial purifiers, manufactured by bioengineering techniques;
i. Production of items such as paint and coatings, dyestuffs, fertilizer, glue, cosmetics, clay, or pharmaceuticals that require the mixing or packaging of chemicals.
3. "Manufacturing, heavy" means a manufacturing use, typically having the potential of creating substantial noise, smoke, dust, vibration and other environmental impacts or pollution, and including but not limited to:
a. The extraction or mining of raw materials, such as quarrying of sand or gravel;
b. Processing or refining of raw materials, such as but not limited to minerals, petroleum, rubber, wood or wood pulp, into other products;
c. The milling of grain or refining of sugar, except when accessory to a use defined as food processing for human consumption or as a retail sales and service use;
d. Poultry slaughterhouses, including packing and freezing of poultry;
e. Refining, extruding, rolling, or drawing of ferrous or nonferrous metals, or the use of a non-induction foundry for ferrous metal;
f. Mass production of commercial or recreational vessels of any size and the production of vessels one hundred twenty (120) feet in length constructed to individual specifications;
g. Production of large durable goods such as motorcycles, cars, manufactured homes, airplanes, or heavy farm, industrial, or construction machinery;
h. Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating;
i. Production of industrial organic and inorganic chemicals, and soaps and detergents; and
j. Conversion of solid waste into useful products or preparation of solid waste for disposal at another location by processing to change its physical form or chemical composition. This includes the off-site treatment or storage of hazardous waste as regulated by the State Department of Ecology. The on-site treatment and storage of hazardous waste is considered an incidental or accessory use.
"Marina, recreational." See "Boat moorage" under "Parking and moorage" under "Transportation facility."
"Marine retail sales and service." See "Sales and services, marine."
"Marine sales and service." See "Sales and services, marine."
"Master Use Permit" means the document issued to an applicant that records all land use decisions that are made by the Department on a master use application. Construction permits and land use approvals that must be granted by the City Council, citizen boards or the state are excluded.
"Mausoleum" means a structure or building for the entombment of human remains in crypts.
"Median income" means annual median family income for the Seattle area, as published from time to time by the U.S. Department of Housing and Urban Development (HUD), with adjustments according to household size in a manner determined by the Director, which adjustments shall be based upon a method used by the United States Department of Housing and Urban Development to adjust income limits for subsidized housing, and which adjustments for purposes of determining affordability of rents or sale prices shall be based on the average size of household considered to correspond to the size of the housing unit (one (1) person for studio units and one and a half (1.5) persons per bedroom for other units).
"Medical services" means a commercial use in which health care for humans or animals ("animal health services") is provided on an outpatient basis, including but not limited to offices for doctors, dentists, veterinarians, chiropractors, and other health care practitioners, or in which mortuary or funeral services are provided. Permitted accessory uses include associated office, research and laboratory uses.
"Meeting, public." See RCW 36.70B.020.
"Mini-warehouse." See "Storage."
"Minor communication utility." See "Communication devices and utilities"
"Minor institution" means an institution that does not meet the criteria for a major institution.
"Mobile home park." See "Residential use."
"Moderate-income household." See "Household, moderate-income."
"Moderate-income housing." See "Housing, moderate-income."
"Modulation" means a stepping back or projecting forward of sections of the facade of a structure within specified intervals of structure width and depth, as a means of breaking up the apparent bulk of the continuous exterior walls (Exhibit 23.84A.025 A).
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"Monorail guideway." See "Rail transit facility" under "Transportation facility."
"Monorail transit facility." See "Rail transit facility" under "Transportation facility."
"Monorail transit station." See "Rail transit facility" under "Transportation facility."
"Monorail transit system." See "Rail transit facility" under "Transportation facility."
"Mortuary service." See "Medical services".
"Motel." See "Lodging use."
"Motion picture studio" means a facility for the production of motion pictures, intended for movie or television viewing, using video or film media. Motion picture studio use may be intermittent.
"Motion picture theater, adult." See "Entertainment."
"Multifamily structure." See "Residential use."
"Multifamily structure, low-income disabled." See "Multifamily residential use, low-income disabled".
"Multifamily structure, low-income elderly." See "Multifamily residential use, low-income elderly".
"Multifamily structure, low-income elderly/low-income disabled." See "Multifamily residential use, low-income elderly/low-income disabled".
"Multifamily structure, very low-income disabled." See "Multifamily residential use, very low-income disabled".
"Multifamily structure, very low-income elderly." See "Multifamily residential use, very low-income elderly".
"Multifamily structure, very low-income elderly/very low-income disabled." See "Multifamily residential use, very low-income elderly/very low-income disabled".
"Multiple business center" means a grouping of two (2) or more business establishments that either share common parking on the lot where they are located, or occupy a single structure or separate structures that are physically attached or both. Shopping centers are considered to be multiple business centers.
"Museum." See "Institution."
(Ord. No. 123209, § 65, 2009; Ord. 122829, § 6, 2008; Ord. 122311, § 100, 2006)
23.84A.026 "N."
"NC zone." See "Zone, neighborhood commercial."
"Neighborhood plan" means the goals and policies adopted by the Council into the Comprehensive Plan's Neighborhood Planning Element, that are developed to guide the growth and development of a specific neighborhood and deal with other neighborhood related issues such as housing, institutions, transportation, economic development and other community development activities.
"Nonconforming to development standards" means a structure, site or development that met applicable development standards at the time it was built or established, but that does not now conform to one or more of the applicable development standards. Development standards include, but are not limited to height, setbacks, lot coverage, lot area, number and location of parking spaces, open space, density, screening and landscaping, lighting, maximum size of nonresidential uses, maximum size of non-industrial use, view corridors, sidewalk width, amenity features, street-level use requirements, street facade requirements, and floor area ratios.
"Nonconforming use." See "Use, nonconforming."
"Non-household sales and services." See "Sales and services, heavy."
"Nonresidential structure" means a structure containing no residential uses.
"Nursing home." See "Residential use."
(Ord. 122311, § 100, 2006)
23.84A.028 "O."
"Office" means a commercial use that provides administrative or professional services to individuals, businesses, institutions and/or government agencies primarily by phone or mail, by going to the customer's home or place of business, or on the premises by appointment; or in which customers are limited to holders of business licenses, but not including facilities where medical services are provided or customer service offices. Examples of services provided include general contracting, janitorial and housecleaning services; legal, architectural, and data processing; broadcasting companies, administrative offices of businesses, unions or charitable organizations; and wholesalers and manufacturer's representatives' offices. Offices may include accessory storage, but not the storage of building materials, contractor's equipment or items, other than samples, for wholesale sale.
"Office, Customer service." See "Retail sales and services, General" under "Sales and services, general."
"Open space" means land and/or water area with its surface predominately open to the sky or predominantly undeveloped, that is set aside to serve the purposes of providing park and recreation opportunities, conserving valuable natural resources, or structuring urban development and form.
"Open space, common" means usable open space that is available for use by all occupants of a residential structure.
"Open space, landscaped" means exterior space, at ground level, predominantly open to public view and used for the planting of trees, shrubs, ground cover and other natural vegetation.
"Open space, usable" means an open space that is of appropriate size, shape, location and topographic siting so that it provides landscaping, pedestrian access or opportunity for outdoor recreational activity. Parking areas and driveways are not usable open spaces.
"Open space, private usable" means usable open space that is intended to be used only by the occupants of one ground-related dwelling unit.
"Ornamental feature" means a decorative object such as a lintel, cornice or sunshades extending from a structure.
"Outdoor display of rental equipment" means an outdoor area where merchandise available for rent is displayed, and that is freely accessible to the public. Outdoor display of rental equipment may be the principal use of a lot or may be accessory to a commercial use where the rental transactions occur within a structure.
"Outdoor sales" means an outdoor area where merchandise is sold or is displayed for sale, and which is freely accessible to the public, except that automotive retail sales areas shall be considered outdoor sales whether freely accessible or not. Outdoor sales may be the principal use of a lot or may be accessory to a commercial use where the sales transactions occur within a structure.
"Outdoor storage." See "Storage."
"Overhead weather protection" means a nonstructural feature, such as a canopy, awning or marquee, or a structural feature, such as a building overhang or arcade, that extends from a building and provides pedestrians with protection from inclement weather and adds visual interest at street level.
"Owner" means any person having a legal or equitable interest in, title to, responsibility for, or possession of a building or property, including, but not limited to, the interest of a lessee, guardian, receiver or trustee, and any duly authorized agent of the owner.
"Owner occupancy" means occupancy of a dwelling by the legal owner as reflected in title records, or by the contract purchaser. The owner occupant of a residence containing an accessory dwelling unit must have an interest equal to or greater than any other partial owner of the property, and the owner occupant's interest must be fifty (50) percent or greater.
(Ord. 122311, § 100, 2006)
23.84A.030 "P."
"Panoram, adult." See "Entertainment use."
"Parcel park" means an amenity feature consisting of a small open space that is accessible to the public and that provides downtown pedestrians an opportunity to rest and relax in a developed urban environment through such amenities as seating, landscaping and artwork.
"Park." See "Parks and open space".
"Park and pool lot." See "Principal use parking" under "Parking and moorage" under "Transportation facility."
"Park and ride lot." See "Principal use parking" under "Parking and moorage" under "Transportation facility."
"Parking" when used as a noun means a surface parking area or parking garage.
"Parking, accessory" means one or more parking spaces that are either reserved or required for a particular use or structure.
"Parking and moorage." See "Transportation facility."
"Parking garage" means a structure or a portion of a structure used or intended to be used for parking or storage of vehicles.
"Parking, long-term" means one or more long-term parking spaces.
"Parking, non-required" means one or more parking spaces not required by either the Land Use Code (Title 23 SMC) or the Zoning Code (Title 24 SMC) as accessory to a principal use and not required as a mitigating measure pursuant to the State Environmental Policy Act.
"Parking, principal use." See "Parking and moorage" under "Transportation facility".
"Parking screen" means a screen that effectively obscures view of off-street parking from the public right-of-way or private lots. (See also "Screen.")
"Parking, short-term" means one or more short-term parking spaces.
"Parking space" means an area for the parking of one vehicle within a parking facility or parking area, exclusive of driveways, ramps, and office and work areas.
"Parking space, long-term" means a parking space that will be occupied by the same motor vehicle for four (4) hours or more, including a space generally used by persons who commute to, work by private motor vehicle or by residents.
"Parking space, short-term" means a parking space occupied by individual motor vehicles for less than four (4) hours and generally used intermittently by shoppers, visitors, or outpatients.
"Parking, surface" means an open area used or intended to be used for the parking of vehicles. It may be available to the public or reserved to accommodate parking for a specific purpose.
"Parks and open space" means a use in which an area is permanently dedicated to recreational, aesthetic, educational or cultural use and generally is characterized by its natural and landscape features. A parks and open space use may be used for both passive and active forms of recreation.
"Parkway" means a thoroughfare located within a park, or including a park-like development and designated as a "parkway."
"Participant sports and recreation." See "Sports and recreation, indoor" and "Sports and recreation, outdoor" under "Entertainment".
"Party of record" means any person who files an appeal; a person granted party status through intervention; the City department making the decision or determination and any of its employees or agents; the owner(s) of the property subject to the quasi-judicial action; and the person who files an application for a permit or other type of development authorization that is the subject of the appeal.
"Passenger terminal." See "Transportation facility."
"Paved" means surfaced with a hard, smooth surface, usually consisting of Portland cement concrete or asphaltic concrete underlain by a subgrade of crushed rock.
"Pedestrian orientation" means a condition in which the location of and access to structures, types of uses permitted at street level, and storefront design are based on needs of persons on foot.
"Pedestrian-designated zone." See "Zone, pedestrian-designated."
"Pedestrian walkway" means a surfaced walkway, separated from the roadway, usually of crushed rock or asphaltic concrete and following the existing ground surface (not at permanent grade).
"Performing arts theater." See "Theaters and spectator sports facilities" under "Entertainment."
"Person" means any individual, partnership, corporation, association, or public or private organization of any character.
"Personal and household retail sales and service." See "Sales and service, general".
"Personal transportation services." See "Transportation services, personal."
"Personal wireless service." See "Communication devices and facilities."
"Pet daycare center" means a general retail sales and service use that regularly provides care for animals, which may include boarding.
"Pet grooming services." See "Retail sales and services, general."
"Pitched roof" means any non-horizontal roof.
"Placard" means a highly visible notice at least eleven (11) by fourteen (14) inches in size with headings that can be read from a distance of seventy-five (75) feet by persons of normal visual acuity.
"Planned community development (PCD)" means a zoning process that authorizes exceptions from certain development standards for structures on large tracts of land in certain downtown zones. A PCD is developed as a single entity through a public process.
"Planned residential development (PRD)" means a zoning mechanism that allows for flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A PRD is developed as a single entity, using a public process that incorporates design review.
"Planting strip" means that portion of a street right-of-way lying between the curb and the street lot line, exclusive of the sidewalk; provided, that if there is no curb, then "planting strip" means that portion of the street lying between a sidewalk and the street lot line. If there is no curb and no constructed sidewalk, there is no "planting strip."
"Plat" means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
"Playgrounds." See "Parks and open space."
"Plaza, urban" means an amenity feature downtown satisfying the applicable conditions in the Downtown Amenity Standards.
"Porch" means an elevated platform extending from a wall of a principal structure, with steps or ramps to the ground providing access by means of a usable doorway to the structure. A porch may be connected to a deck. (See also "Deck.")
"Power plant." See "Utility."
"Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision, that is submitted to furnish a basis for the approval or disapproval of the general layout of a subdivision.
"Principal structure" means the structure housing one or more principal uses as distinguished from any separate structures housing accessory uses.
"Principal use." See "Use, principal."
"Private club." See "Institution."
"Private usable open space." See "Open space, usable, private."
"Project permit" or "Project permit application." See RCW 36.70B.020.
"Public atrium" means a feature consisting of an indoor public open space that provides opportunities for passive recreational activities and events, and for public gatherings, in an area protected from the weather, and including such amenities as seating, landscaping and artwork.
"Public benefit feature" means an amenity, use, or other feature of benefit to the public in a Downtown zone, that is provided by a developer and that can satisfy wholly or in part conditions to qualify for an increase in chargeable floor area. Examples include public open space, pedestrian improvements, housing, and provision of human services.
"Public Benefit Features Rule" means the DPD Director's Rule 20-93, subject heading Public Benefit Features: Guidelines for Evaluating Bonus and TDR Projects, Administrative Procedures and Submittal Requirements in Downtown Zones, to the extent the provisions thereof have not been superseded by amendments to, or repeal of, provisions of this title. References to the "Public Benefit Features Rule" for provisions on a particular subject also shall include, where applicable, any successor rule or rules issued by the Director to incorporate provisions on that subject formerly included in Rule 20-93, with any appropriate revisions to implement amendments to this title since the date of such rule.
"Public boat moorage." See "Boat moorage, public."
"Public convention center" means a public facility of three hundred thousand (300,000) square feet or more, the primary purpose of which is to provide facilities for regional, national and international conventions and that is owned, operated or franchised by a unit of general or special-purpose government. A public convention center may include uses such as shops, personal services and restaurants, which may be owned, operated or franchised by either a unit of general- or special-purpose government or by a private entity.
"Public display space." See "Museum."
"Public facility" means a public project or city facility.
"Public project" means a facility owned, operated or franchised by a unit of general or special-purpose government except The City of Seattle.
"Public school site, existing" means any property acquired and developed for use by or for the proposed public school before November 12, 1985. A public school site may be divided by streets or alleys.
"Public school site, new" means any property that has not been previously developed for use by a public school that is to be constructed, expanded or remodeled. A public school site may be divided by streets or alleys. A school property may include both a new school site and existing school sites.
(Ord. 122497, § 14, 2007; Ord. 122311, § 100, 2006)
23.84A.032 "R."
"Rail transit facility." See "Transportation facility."
"Railroad switchyard." See "Vehicle storage and maintenance" under "Transportation facility."
"Railroad switchyard with mechanized hump." See "Vehicle storage and maintenance" under "Transportation facility."
"Rain garden" see "bioretention facilities"
"Receive-only communication device." See "Communication devices and utilities."
"Reception window obstruction." See "Communication devices and utilities."
"Recreational area, common" means a space of appropriate size, shape, location and topographic siting to provide landscaping, pedestrian access or opportunity for recreational activity, either in or out of doors, for all the residents of a structure containing dwelling units. Parking areas and driveways are not common recreational areas.
"Recreational marina." See "Boat moorage" under "Parking and moorage" under "Transportation facility."
"Recreational vehicle" means a wheeled vehicle designed for temporary occupancy with self-contained utility systems and not requiring a separate highway movement permit for highway travel. A recreational vehicle is not a dwelling unit.
"Recycling." See "Utility."
"Religious facility." See "Institution."
"Research and development laboratory." See "Laboratory, research and development."
"Residential amenity" means an area that provides opportunity for recreational activity for residents of a development or structure.
"Residential district identification sign" means an off-premises sign that gives the name of the group of residential structures, such as a subdivision or cluster development.
"Residential structure" means a structure containing only residential uses and permitted uses accessory to the residential uses.
"Residential use" means any one or more of the following:
1. "Accessory dwelling unit" means a residential use in an additional room or set of rooms located within an owner-occupied single family residence or within an accessory structure on the same lot as an owner-occupied single-family residence, meeting the standards of Section 23.44.041 and designed, arranged, occupied or intended to be occupied by not more than one household as living accommodations independent from any other household.
2. "Adult family home" means a residential use as defined and licensed as such by The State of Washington in a dwelling unit.
3. "Artist's studio/dwelling" means a combination working studio and dwelling unit for artists, consisting of a room or suite of rooms occupied by not more than one household.
4. "Assisted living facility" means a use licensed by The State of Washington as a boarding home pursuant to RCW 18.20, for people who have either a need for assistance with activities of daily living (which are defined as eating, toileting, ambulation, transfer [e.g., moving from bed to chair or chair to bath], and bathing) or some form of cognitive impairment but who do not need the skilled critical care provided by nursing homes. An "assisted living facility" contains multiple assisted living units. An assisted living unit is a dwelling unit permitted only in an assisted living facility.
5. "Caretaker's quarters" means a use accessory to a nonresidential use consisting of a dwelling unit not exceeding 800 square feet of living area and occupied by a caretaker or watchperson.
6. "Carriage House" means a residential use in a carriage house structure.
7. "Congregate residence" means a use in which rooms or lodging, with or without meals, are provided for nine or more non-transient persons not constituting a single household, excluding single-family residences for which special or reasonable accommodation has been granted.
8. "Detached accessory dwelling unit" means a residential use in an additional room or set of rooms located within an accessory structure on the same lot as an owner-occupied single-family residence, meeting the standards of Section 23.44.041, and designed, arranged, occupied or intended to be occupied by not more than one household as living accommodations independent from any other household. A detached accessory dwelling unit is also known as a backyard cottage.
9. "Domestic violence shelter" means a dwelling unit managed by a nonprofit organization, which unit provides housing at a confidential location and support services for victims of family violence.
10. "Floating home" means a dwelling unit constructed on a float that is moored, anchored or otherwise secured in the water.
11. "Mobile home park" means a use in which a tract of land is rented for the use of more than one mobile home occupied as a dwelling unit.
12. "Multifamily residential use" means that portion of a structure containing two or more dwelling units, excluding single family residences and accessory dwelling units.
13. "Multifamily residential use, low-income disabled" means a multifamily residential use in which at least 90 percent of the dwelling units are occupied by one or more persons who have a handicap as defined in the Federal Fair Housing Amendments Act and who constitute a low-income household.
14. "Multifamily residential use, low-income elderly" means a residential use in which at least 90 percent of the dwelling units are occupied by one or more persons sixty-two or more years of age who constitute a low-income household.
15. "Multifamily residential use, low-income elderly/low-income disabled" means a multifamily residential use in which at least 90 percent of the dwelling units (not including vacant units) are occupied by a low-income household that includes a person who has a handicap as defined in the Federal Fair Housing Amendment Act or a person sixty-two years of age or older, as long as the housing qualifies for exemptions from prohibitions against discrimination against families with children and against age discrimination under all applicable fair housing laws and ordinances.
16. "Multifamily residential use, very low-income disabled" means a multifamily residential use in which at least 90 percent of the dwelling units are occupied by one or more persons who have a handicap as defined in the Federal Fair Housing Amendment Act and who constitute a very low-income household."
17. "Multifamily residential use, very low-income elderly" means a residential use in which at least 90 percent of the dwelling units are occupied by one or more persons sixty-two or more years of age who constitute a very low-income household.
18. "Multifamily residential use, very low-income elderly/very low-income disabled" means a multifamily residential use in which at least 90 percent of the dwelling units (not including vacant units) are occupied by a very low-income household that includes a person who has a handicap as defined in the Federal Fair Housing Amendments Act or a person sixty-two years of age or older, as long as the housing qualifies for exemptions from prohibitions against discrimination against families with children and against age discrimination under all applicable fair housing laws and ordinances.
19. "Nursing home" means a residence, licensed by the state, that provides full-time convalescent and/or chronic care for individuals who, by reason of chronic illness or infirmity, are unable to care for themselves, but that does not provide care for the acutely ill or surgical or obstetrical services. This definition excludes hospitals and sanitariums.
20. "Single-family residence " means a residential use in a detached structure having a permanent foundation. The structure may also contain an accessory dwelling unit where expressly authorized pursuant to this title. A detached accessory dwelling unit is not considered a single-family residence for purposes of this chapter.
"Restaurant." See "Eating and drinking establishment."
"Retail sales and services, automotive." See "Sales and services, automotive."
"Retail sales and services, general." See "Sales and services, general."
"Retail sales and services, non-household." See "Sales and services, heavy"
"Retail sales, major durables." See "Sales and services, heavy"
"Retail sales, multi-purpose." See "Sales and services, general"
"Retail shopping" means an amenity feature consisting of uses provided at street level that contribute to pedestrian activity and interest.
"Rezone" means an amendment to the Official Land Use Map to change the zone classification of an area.
"Right-of-way" means a strip of land platted, dedicated, condemned, established by prescription or otherwise legally established for the use of pedestrians, vehicles or utilities.
"Right-of-Way Improvements Manual" means a set of detailed standards for street, alley and easement construction, adopted by a joint Administrative Rule of Seattle Department of Transportation and the Department of Planning and Development.
"Roadway" means that portion of a street improved, designed, or ordinarily used for vehicular travel and parking, exclusive of the sidewalk or shoulder. Where there is a curb, the roadway is the curb-to-curb width of the street.
"Roof, butterfly." See "Butterfly roof."
"Roof, shed." See "Shed roof."
"Roof plane" means a section of the roof system divided from another section by a physical separation, exterior wall, roof apex, or change in the direction of pitch. Change in the degree of roof pitch such as occur on a gambrel roof and projections such as dormers or skylights shall not serve to divide a section into multiple planes.
"Rooftop feature" means any part of or attachment to the structure that projects above a roof line.
"Rules" means administrative regulations promulgated and adopted pursuant to this Land Use Code and the Administrative Code.
"Rural development credit" means the allowance of floor area on a receiving lot that results from the transfer of development potential from rural unincorporated King County to the Downtown Urban Center pursuant to King County Code Chapter 21A.55 or successor provisions and pursuant to the provisions of Section 23.49.011.
(Ord. No. 123209, § 66, 2009; Ord. 123141, § 6, 2009; Ord. 122935, § 20, 2009; Ord. 122823, § 11, 2008; Ord. 122311, § 100, 2006)
23.84A.036 "S"
"Sale and rental of large boats." See "Sales and services, marine."
"Sale and rental of motorized vehicles." See "Sales and services, automotive."
"Sale and rental of small boats, boat parts and accessories." See "Sales and services, marine."
"Sale of heating fuel." See "Commercial sales, heavy" under "Sales and services, heavy."
"Sales and rental of commercial equipment and construction materials." See "Commercial sales, heavy" under "Sales and services, heavy."
"Sales and services, automotive" means a commercial use in which motorized vehicles or vehicle parts are rented, sold, serviced or repaired. Automotive sales and services uses exclude sales and services primarily relating to electric scooters or electric assisted bicycles. Automotive sales and services uses include but are not limited to the following:
1. "Retail sales and services, automotive" means an automotive sales and service use in which goods are rented or sold primarily for use in motor vehicles or minor services are provided to motor vehicles. Uses in this category may include gas stations, car washes, minor repair of vehicles not falling under the definition of major automotive vehicle repair, and towing of vehicles when no more than two (2) trucks are used or kept on site for towing purposes.
2. "Sales and rental of motorized vehicles" means an automotive sales and service use in which operable motorized vehicles, such as cars, trucks, buses, recreational vehicles or motorcycles, or related non-motorized vehicles, such as trailers, are rented or sold.
3. "Vehicle repair, major automotive" means an automotive sales and service use in which one (1) or more of the following activities are carried out:
a. Reconditioning of any type of motorized vehicle, including any repairs made to vehicles over ten thousand (10,000) pounds gross vehicle weight;
b. Collision services, including body, frame or fender straightening or repair;
c. Overall painting of vehicles or painting of vehicles in a paint shop;
d. Dismantling of motorized vehicles in an enclosed structure.
"Sales and services, general" means one of the uses listed below, 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 medical services and uses in which goods are sold that primarily need to be delivered by truck, such as building materials, major durables and/or heating fuel.
1. "Retail sales and services, general" means a general sales and service use that is not a multi-purpose retail sales use. General retail sales and services include general retail sales uses, general services uses, and customer service office uses. Examples of general retail sales include but are not limited to bookstores, florists, and clothing stores. Examples of general services include but are not limited to shoe repair, hair cutting salons, pet grooming, pet daycare centers and dry cleaning. Customer service offices are uses in which services are provided to individuals and households in an office setting in a manner that encourages walk-in clientele and in which generally an appointment is not needed to conduct business, including but not limited to uses such as branch banks, travel agencies, brokerage firms, real estate offices, and government agencies that provide direct services to clients.
2. "Retail sales, multipurpose" means a general sales and service use in which a wide range of items frequently purchased for household use are rented or sold. Examples of multipurpose retail sales include but are not limited to grocery, hardware, drug, and variety stores, and farmers' markets.
"Sales and services, heavy" means one of the following uses:
1. "Commercial sales, heavy" means a heavy sales and services use in which goods that primarily require delivery or pickup by truck are sold. Examples include but are not limited to the sale of construction materials, heating fuel, or industrial supplies. Sales are retail and/or wholesale, and are made primarily to businesses rather than to individual households, or primarily delivered directly to households without customers visiting the business.
2. "Commercial services, heavy" means a heavy sales and service use that provides services that require significant truck traffic or the use, storage and disposal of chemicals as a significant part of the functioning of the business. Heavy commercial services include but are not limited to the following:
a. "Commercial laundry" means a heavy commercial service use in which items such as clothing and linens are cleaned. This definition includes uses such as laundering for hospitals, restaurants, hotels and diaper cleaning services, as well as rug and dry cleaning plants where on-premises retail services to individual households are incidental to the operation of the plant.
b. "Construction services" means a heavy commercial service use in which construction contracting services, including the final processing of building materials such as but not limited to the mixing of concrete or the heating of asphalt, are provided; or in which construction equipment is stored, either in conjunction with an office or as a separate use, but not including a construction site.
c. "Building maintenance services" means a heavy commercial service use that provides maintenance and cleaning services to other business establishments.
3. "Retail sales, major durables" means a heavy sales and service use in which large household items, such as but not limited to furniture or appliances, are rented or sold.
4. "Retail sales and services, Non-household" means a heavy sales and service use in which goods and services are provided primarily for businesses, institutions and/or government agencies, rather than for households. Examples include but are not limited to business support services, and the sale of office or restaurant supplies. Non-household retail sales and services include, but are not limited to:
"Business support services" means a non-household retail sales and service use in which services are provided primarily for businesses, institutions and/or government agencies, rather than for households. Examples include but are not limited to blueprint companies, medical laboratories, merchant banks, assaying services and microfilming and copying services.
5. "Wholesale showroom" means a heavy sales and service use in which merchandise is displayed and sold at wholesale to business representatives for resale, rather than to the general public for direct consumption, and that includes storage of goods for sale.
"Sales and services, marine." means one or more of the following uses:
1. "Marine service station" means a marine retail sales and service use in which fuel for boats is sold, and for which accessory uses including, but not limited to, towing or minor vessel repair may also be provided.
2. "Sale or rental of large boats" means a marine retail sales and service use in which boats sixteen (16) feet or more in length are rented or sold.
3. "Sale and rental of small boats, boat parts and accessories" means a marine retail sales and service use in which goods are rented or sold primarily for use on boats and ships, but excluding uses in which fuel for boats and ships is the primary item sold. Examples of goods sold include navigational instruments, marine hardware and paints, nautical publications, nautical clothing such as foul weather gear, marine engines, and boats less than sixteen (16) feet in length.
4. "Vessel repair, minor" means a marine retail sales and service use, other than major vessel repair, in which one (1) or more of the following activities take place:
a. General boat engine and equipment repair;
b. The replacement of new or reconditioned parts;
c. Repair of boat hulls;
d. Painting and detailing; and
e. Rigging and outfitting.
5. "Vessel repair, major" means a marine retail sales and service use in which ferrous hulls are repaired; or in which boats and ships sixty-five (65) feet or more in length are converted, rebuilt, painted, repaired, or dismantled. Associated activities may include welding and sandblasting, as part of this use.
"Sales, service and rental of office equipment." See "Retail sales and services, non-household" under "Sales and services, heavy."
"Sales, service and rental of commercial equipment and construction materials." See "Commercial sales, heavy" under "Sales and services, general."
"Salvage and recycling." See "Utility."
"Sanitarium" means "Hospital."
"Satellite dish antenna." See "Communication devices and utilities"
"Scale" means the spatial relationship among structures along a street or block front, including height, bulk and yard relationships.
"Scenic route" means any of those streets designated by the Land Use Code as scenic routes.
"Scenic view section" means a section of the traveled way of a freeway, expressway, parkway, or scenic route that has been so designated by this Code.
"School, elementary or secondary." See "Institution."
"Screen" means a continuous wall or fence that effectively obscures view of the property that it covers and that is broken only for access drives and walks. See "Parking screen."
"Screening" means a screen, hedge or landscaped berm that effectively obscures a view between a use or activity and another use or activity.
"SEPA" means the State Environmental Policy Act.
"Setback" means the minimum required distance between a structure or portion thereof and a lot line of the lot on which it is located, or another line described in a particular section of this title.
"Sewage treatment plant." See "Utility."
"Shared-use facility." See "Communication devices and utilities."
"Shed roof" means a roof having only one (1) sloping plane.
"Shopping atrium" means a feature consisting of a large enclosed space that is accessible to the public, and that provides a combination of retail stores and passive recreational space in a weather-protected, convenient, and attractive atmosphere for shoppers that also contributes to the activity and visual interest at street level.
"Shopping corridor" means a feature consisting of a passage that goes through a block and connects two avenues, and that is lined with retail uses, in order to make pedestrian circulation more convenient, provide more frontage for shops, give protection to pedestrians from inclement weather, and shorten walking distances.
"Short plat" means a map or representation of a short subdivision.
"Short plat approval, fully complete application." See "Application."
"Short subdivision" means the division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, development or financing.
"Shoulder" means the graded area between the roadway edge and the sidewalk, or slope line where there is no sidewalk, on the portion of a street where there are no curbs.
"Shrub" means a plant defined as a shrub in the Sunset Western Garden Book, 7th Edition, 2001.
"Shrub, large" means a shrub normally expected to be equal to or taller than 2 feet at maturity.
"Sidewalk" means a hard-surfaced pedestrian walkway, usually of Portland cement concrete, separated from the roadway by a curb, planting strip or roadway shoulder.
"Sidewalk widening" means an extension of the surface of a sidewalk, generally onto private property, which is free of all permanent obstructions.
"Sight triangle" means the area on both sides of a driveway that must be clear of any obstruction to permit optimal visibility from the driveway to the sidewalk and street.
"Sign" means any medium, including structural and component parts, that is used or intended to be used to attract attention to the subject matter for advertising, identification or informative purposes.
"Sign, advertising" means a sign directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot where the sign is located.
"Sign, awning" means graphics on a fixed awning used or intended to be used to attract attention to the subject matter for advertising, identification, or informative purposes. An awning sign shall not be considered a fabric sign.
"Sign, business" means an on-premises sign directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered on the lot where the sign is located. This definition shall not include signs located within a structure except those signs oriented so as to be visible through a window.
"Sign, canopy" means graphics on a canopy used or intended to be used to attract attention to the subject matter for advertising, identification, or information purposes. A canopy sign shall not be considered a fabric sign.
"Sign, changing-image" means a sign, including a sign using a video display method, which changes its message or background by means of electrical, kinetic, solar or mechanical energy, not including message board signs. A video display method is a method of display characterized by real-time, full-motion imagery of at least television quality.
"Sign, chasing" means a sign that includes one or more rows of lights that light up in sequence.
"Sign, combination" means any sign incorporating any combination of the features of freestanding, projecting, and roof signs. The individual requirements of roof, projecting and pole signs shall be applied for combination signs incorporating any or all of the requirements specified in this Code.
"Sign, double-faced" means a sign that has two display surfaces in approximately parallel planes backed against each other or against the same background, one face of which is designed to be seen from one direction and the other from the opposite direction.
"Sign, electric" means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.
"Sign, environmental review" means a sign with dimensions of four (4) feet by eight (8) feet constructed of a durable material, required for public notice of proposed land use actions according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.
"Sign, externally illuminated" means a sign illuminated by an exterior light source.
"Sign, fabric" means a sign made of canvas, cloth or similar nonrigid material, but not including a canopy sign.
"Sign, flashing" means an electrical sign or portion of an electrical sign that changes light intensity in sudden transitory bursts. Flashing signs do not include changing image or chasing signs.
"Sign, freestanding" means a pole or ground sign.
"Sign, ground" means a sign that is six (6) feet or less in height above ground level and is supported by one (1) or more poles, columns or supports anchored in the ground.
"Sign, identification" means any ground, wall or roof sign which displays only (1) the name, address and/or use of the premises; and/or (2) noncommercial messages.
"Sign kiosk" means a small freestanding sign structure visible to the public used for posting small signs.
"Sign, land use" means a sign with dimensions of at least eighteen (18) inches by twenty-four (24) inches but smaller than an environmental review sign, constructed of a durable material, required for public notice of proposed land use actions according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.
"Sign, large" means a sign four (4) by eight (8) feet, constructed of a durable material.
"Sign, marquee" means a sign placed on, constructed in or attached to a marquee.
"Sign, message board" means an electric sign which has a readerboard for the display of information, such as time, temperature, of public service or commercial messages, which can be changed through the turning on and off of different combinations of light bulbs within the display area.
"Sign, off-premises" means a sign relating, through its message and content, to a business activity, use, product or service not available on the premises upon which the sign is erected.
"Sign, off-premises directional" means an off-premises sign used to direct pedestrian or vehicular traffic to a facility, service, or business located on other premises within one thousand five hundred (1,500) feet of the sign, which sign does not include any reference to brand names of products or services whether or not available on such other premises, except the name of the facility, service or business.
"Sign, on-premises" means a sign or sign device used solely by a business establishment on the lot where the sign is located that displays either (1) commercial messages that are strictly applicable only to a use of the premises on which it is located, including signs or sign devices indicating the business transacted, principal services rendered, goods sold or produced on the premises, name of the business, and name of the person, firm or corporation occupying the premises; or (2) noncommercial messages. This definition shall not include signs located within a structure except those signs oriented so as to be visible through a window.
"Sign, on-premises directional" means an on-premises incidental sign designed to direct pedestrian or vehicular traffic.
"Sign, pole" means a sign wholly supported by a structure in the ground.
"Sign, portable" means a sign that is not permanently affixed and is designed for or capable of being moved, except those signs explicitly designed for people to carry on their persons or that are permanently affixed to motor vehicles.
"Sign, projecting" means a sign other than a wall sign, that projects from and is supported by a wall of a structure.
"Sign, public" means a sign in the right-of-way that is at least partially funded by public funds and is intended to carry messages of interest to the public.
"Sign, roof" means a sign erected upon or above a roof or parapet of a building or structure.
"Sign, rotating" means a sign that revolves on a fixed axis.
"Sign, side-by-side" means advertising signs that are adjacent to each other on the same plane and facing in the same direction, either on the same structure or within twenty-five (25) feet of one another.
"Sign, temporary" means any sign that is to be displayed for a limited period of time only, including but not limited to, banners, pennants, streamers, fabric signs, wind-animated objects, clusters of flags, festoons of lights and searchlights. A temporary sign may be of rigid or non-rigid construction.
"Sign, under-marquee" means a lighted or unlighted sign attached to the underside of a marquee.
"Sign, visually blocked" means an advertising sign that is located against or attached to a building, thereby visible from only one (1) direction. To be considered visually blocked, the advertising sign must be within eight (8) feet of any building wall or walls that are used to block the back side of the advertising sign and the advertising sign cannot project above or beyond the blocking wall or walls.
"Sign, wall" means any sign attached to and supported by a wall of a structure, with the exposed face of the sign on a plane parallel to the plane of the wall, or any sign painted directly on a building facade.
"Single-family dwelling unit." See "Residential use."
"Single-occupant facility." See "Telecommunication facility, single-occupant" under "Communication devices and utilities."
"Skylight" means an opening in a roof that is covered with translucent or transparent material, designed to admit light, and incidental to the roof itself.
"Soil, structural" means a soil mix or equivalent structure approved by the Director that is engineered to support pavement while allowing healthy root growth.
"Solar access" means the amount of unrestricted sunlight that reaches a structure, or portion thereof.
"Solar collector" means any device used to collect direct sunlight for use in the heating or cooling of a structure, domestic hot water, or swimming pool, or the generation of electricity.
"Solar greenhouse" means a solar collector that is a structure or portion of a structure utilizing glass or similar glazing material to collect direct sunlight for space heating purposes.
"Solarium" means a room, porch, or other area, that is designed to admit sunlight, is part of a larger structure, is enclosed substantially entirely by glass or another transparent material, and is not primarily used for the cultivation or protection of plants.
"Solid waste incineration facilities." See "Solid waste management" under "Utility."
"Solid waste landfills." See "Solid waste management" under "Utility"
"Solid waste management." See "Utility."
"Solid waste transfer station." See "Solid waste management" under "Utility."
"Spectator sports facility." See "Theaters and spectator sports facilities" under "Entertainment"
"Sports and recreation, indoor." See "Entertainment."
"Sports and recreation, outdoor." See "Entertainment."
"Storage" means a use in which goods or products are stored more than (72) hours. Storage uses include but are not limited to the following uses:
1. "Mini-warehouse" means a storage use in which enclosed storage space divided into separate compartments no larger than five hundred (500) square feet in area is provided for use by individuals to store personal items or by businesses to store material for operation of a business establishment at another location.
2. "Storage, outdoor" means a storage use in which an outdoor area is used for retention of materials, containers and/or equipment. Outdoor storage does not include sale, repair, incineration, recycling or discarding of materials or equipment. Outdoor storage areas are not accessible to the public unless an agent of the business is present. Outdoor parking areas for two (2) or more fleet vehicles of more than ten thousand (10,000) pounds gross vehicle weight shall also be considered outdoor storage. Temporary outdoor storage of construction equipment and materials associated with an active permit to demolish or erect a structure and vehicle sales areas where motorized vehicles are stored for the purpose of direct sale to the ultimate consumer shall not be considered outdoor storage.
3. "Warehouse" means a storage use in which space is provided in an enclosed structure for the storage of goods produced off-site, for distribution or transfer to another location.
"Story" means that portion of a structure included between the surface of any floor and the surface of the floor next above, except that the highest story is that portion of the structure included between the highest floor surface and the ceiling or roof above.
"Street" means a right-of-way that is intended to provide or that provides a roadway for general vehicular circulation, is the principal means of vehicular access to abutting properties and includes space for utilities, pedestrian walkways, sidewalks and drainage. Any such right-of-way shall be included within this definition, regardless of whether it has been developed or not.
"Street, arterial" means every street, or portion thereof, designated as an arterial on the Arterial street map, Section 11.18.010.
1. "Minor arterial" means a street or portion thereof designated as such on Map 1B for Chapter 23.49.
2. "Principal arterial" or "major arterial" means a street or portion thereof designated as such on Map 1B for Chapter 23.49.
"Street, existing" means any street that is not a new street.
"Street-facing facade." See "Facade, street-facing".
"Street level" or "street-level" means the same grade as an abutting street or streets, or at that grade, as the context may require.
"Street-level facade" see "Facade, street-level".
"Street, new" means a street proposed to be created through the platting process, or by dedication to the City as part of a development proposal.
"Street, private" means a named, private permanent access easement exceeding thirty-two (32) feet in width not dedicated to public use but that provides a roadway at least twenty-four (24) feet wide for internal use within a subdivision or development, and that includes sidewalks and space for utilities and drainage. A private street shall be treated as a street for purposes of application of development standards to abutting properties.
"Streetscape" means the visual character of a street as determined by various elements such as structures, landscaping, open space, natural vegetation and view.
"Structural soil." See "Soil, structural."
"Structural alterations" means any change in the supporting members of a building, such as foundations, bearing walls or bearing partitions, columns, beams or girders, or any structural change in the roof.
"Structure" means anything constructed or erected on the ground or any improvement built up or composed of parts joined together in some definite manner and affixed to the ground, including fences, walls and signs, but not including poles, flowerbed frames and such minor incidental improvements.
"Structure depth" means that dimension of a structure extending between the front and rear lot lines.
"Structure width" means that dimension of a structure extending between side lot lines.
"Structure, accessory." See "Accessory structure."
"Structure, detached" means a structure having no common or party wall with another structure.
"Structure, enclosed" means a roofed structure or portion of a structure having no openings other than fixed windows and such exits as are required by law, and which is equipped with self-closing doors.
"Structure, nonconforming." See "Nonconforming structure."
"Structure, nonresidential." See "Nonresidential structure."
"Structure, principal." See "Principal structure."
"Structure, residential." See "Residential structure."
"Structure, single-family." See "Single-family dwelling unit."
"Subdivision" means the division or redivision of land into ten (10) or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
"Submerged land" means all lands waterward of the ordinary high water mark or mean higher high water, whichever is higher.
"Substandard size lot" means a lot that contains less land than the minimum size required for the zone in which it is located.
(Ord. 123378, § 26, 2010; Ord. 123046, § 62, 2009; Ord. 122935, § 21, 2009; Ord. 122311, § 100, 2006)
23.84A.038 "T"
"Tandem houses" means two (2) unattached ground-related dwelling units occupying the same lot.
"Tandem parking" means one (1) car parked behind another where aisles are not provided.
"Transferable development rights" or "TDR" means development potential, measured in square feet of gross floor area, that may be transferred from a lot pursuant to provisions of this Title. Such terms do not include development credits transferable from King County pursuant to the City/County Transfer of Development Credits (TDC) program established by Ordinance 119728, or other rural development credits, nor do they include development capacity transferable between lots pursuant to Planned Community Development provisions. These terms do not denote or imply that the owner of TDR has a legal or vested right to construct or develop any project or to establish any use.
"TDR, arts facility" means either TDR from a major performing arts facility that are transferable pursuant to Section 23.49.014 G; or TDR that are eligible for transfer based on the status of the sending lot as an arts facility TDR site, and if they are eligible for transfer on any other basis, are designated by the applicant seeking to use such TDR on a receiving lot as arts facility TDR.
"TDR, DMC housing" means TDR that are eligible for transfer based on the status of the sending lot as a DMC housing TDR site and, if they would be eligible for transfer on any other basis, are designated by the applicant seeking to use such TDR on a receiving lot as DMC housing TDR.
"TDR, housing" means TDR that are eligible for transfer based on the status of the sending lot as a housing TDR site and, if they would be eligible for transfer on any other basis, are designated by the applicant seeking to use such TDR on a receiving lot as housing TDR.
"TDR, Landmark" means TDR that are eligible for transfer based on the landmark status of the sending lot or a structure on such lot, except Landmark housing TDR.
"TDR, Landmark housing" means TDR that are eligible for transfer based on the status of the sending lot as a Landmark housing TDR site and, if they would be eligible for transfer on any other basis, are designated by the applicant seeking to use such TDR on a receiving lot as Landmark housing TDR.
"TDR, open space" means TDR that may be transferred from a lot or lots based on the provision of public open space meeting certain standards on that lot.
"TDR site, arts facility" means a lot meeting the following requirements:
1. The lot is located in the South Lake Union Urban Center either in an IC zone or in a zone with a height limit of eighty-five (85) feet or more;
2. Each structure to be developed on the lot is a major performing arts facility; or has or will have a minimum of one (1) FAR or all of its chargeable floor area if there is less than one (1) FAR in the structure(s) committed for at least fifty (50) years to occupancy by one or more not-for-profit organizations dedicated to the creation, display, performance or screening of art by or for members of the general public.
3. The arts facility commitments on the lot comply with 23.50.053 for structures in the South Lake Union Urban Center and are memorialized in a recorded agreement between the owner of such an arts facility and the Director of the Mayor's Office of Arts and Cultural Affairs.
"TDR site, DMC housing" means a lot meeting the following requirements:
1. The lot is located in a Downtown Mixed Commercial (DMC) zone;
2. Each structure to be developed on the lot has or will have a minimum of fifty (50) percent of total gross above-grade floor area committed to low-income housing for a minimum of fifty (50) years, unless such requirement is waived or modified by the Director of the Office of Housing for good cause;
3. The lot will have above-grade gross floor area equivalent to at least one (1) FAR committed to very low-income housing use for a minimum of fifty (50) years; and
4. The low-income housing and very low-income housing commitments on the lot comply with the standards in Section 23.49.012 B1b and are memorialized in a recorded agreement between the owner of such low-income and very low-income housing and the Director of the Office of Housing.
"TDR site, housing" means a lot meeting the following requirements:
1. The lot is located in any Downtown zone except PMM, DH-1 and DH-2 zones, or is located in the South Lake Union Urban Center either in any IC zone or in any SM zone with a height limit of eighty-five (85) feet or higher;
2. Each structure on the lot has a minimum of fifty (50) percent of total gross above-grade floor area committed to low-income housing for a minimum of fifty (50) years;
3. The lot has above-grade gross floor area equivalent to at least one (1) FAR committed to very low-income housing use for a minimum of fifty (50) years;
4. The above-grade gross floor area on the lot committed to satisfy the conditions in subsections 2 and 3 of this definition is contained in one or more structures existing as of the date of passage of Ordinance 120443 and such area was in residential use as of such date, as demonstrated to the satisfaction of the Director of the Office of Housing; and
5. The low-income housing and very low-income housing commitments on the lot comply with the standards in Section 23.49.012 B1b and are memorialized in a recorded agreement between the owner of such low-income and very low-income housing and the Director of the Office of Housing.
"TDR site, Landmark housing" means a lot meeting the following requirements:
1. The lot is located in any Downtown zone except IDM, IDR, PSM, PMM, DH-1 and DH-2 zones;
2. The lot contains a designated landmark under SMC 25.12 and such structure will be renovated to include a minimum of fifty (50) percent of total gross above-grade floor area committed to low-income housing for a minimum of fifty (50) years;
3. The lot has or will have above-grade gross floor area equivalent to at least one (1) FAR committed to very low-income housing use for a minimum of fifty (50) years;
4. The low-income housing and very low-income housing commitments on the lot comply with the standards in Section 23.49.012 B1b and are memorialized in a recorded agreement between the owner of such low-income and very low-income housing and the Director of the Office of Housing.
"TDR site, open space" means a lot that has been approved by the Director as a sending lot for open space TDR, which approval is still in effect, and for which all the conditions to transfer open space TDR have been satisfied.
"Terraced housing" means a multi-family structure located on a sloping site in which a series of flat rooftops at different heights function as open space for abutting units.
"Theaters and spectator sports facilities." See "Entertainment."
"Topographic break" means a separation of two (2) areas by an abrupt change in ground elevation.
"Towing service." See "Parking and moorage" under "Transportation facility."
"Townhouse" means a form of ground-related housing in which individual dwelling units are attached along at least one (1) common wall to at least one (1) other dwelling unit. Each dwelling unit occupies space from the ground to the roof and has direct access to private open space. No portion of a unit may occupy space above or below another unit, except that townhouse units may be constructed over a common shared parking garage, provided the garage is underground.
"Transferable development rights." See "TDR."
"Transit facility, rail." See "Transportation facility."
"Transit station, light rail." See "Rail transit facility" under "Transportation facility."
"Transit station access easement" means an easement for a pedestrian route or connection to provide direct access from street level to transit tunnel stations and concourses and/or light rail transit facilities.
"Transit station access, grade-level" means a pedestrian connection that provides direct access from street level to transit tunnel stations or concourses and/or light rail transit facilities at approximately the same level as the station mezzanine.
"Transit station access, mechanical" means a pedestrian connection that incorporates a mechanical device, such as an escalator, to provide direct access from street level to transit tunnel stations and concourses and/or light rail transit facilities.
"Transit vehicle base." See "Bus base" under "Vehicle storage and maintenance" under "Transportation facility."
"Transparent" when used with reference to material in windows, doors and display windows, means clear or lightly tinted.
"Transmission tower." See "Communications utilities and devices."
"Transportation facility" means a use that supports or provides a means of transporting people and/or goods from one location to another. Transportation facilities include but are not limited to the following:
1. "Cargo terminal" means a transportation facility in which quantities of goods or container cargo are, without undergoing any manufacturing processes, transferred to carriers or stored outdoors in order to transfer them to other locations. Cargo terminals may include accessory warehouses, railroad yards, storage yards, and offices.
2. "Parking and moorage" means the short term or long term storage of automotive vehicles or vessels or both when not in use. Parking and moorage uses include but are not limited to:
a. "Boat moorage" means a use, in which a system of piers, buoys or floats is used to provide moorage for vessels except barges, for sale or rent usually on a monthly or yearly basis. Minor vessel repair, haul out, dry boat storage, and other services are also often provided. Boat moorage includes, but is not limited to:
1) "Commercial moorage" means a boat moorage primarily intended for commercial vessels except barges.
2) "Recreational marina" means a boat moorage primarily intended for pleasure craft. (See also, "Boat moorage, public".)
b. "Dry boat storage" means a use in which space on a lot on dry land, or inside a building over water or on dry land, is rented or sold to the public or to members of a yacht or boating club for the purpose of storing boats. Sometimes referred to as "dry storage."
c. "Parking, principal use" means a use in which an open area or garage is provided for the parking of vehicles by the public, and is not reserved or required to accommodate occupants, clients, customers or employees of a particular establishment or premises. Principal use parking includes but is not limited to the following uses:
1) "Park and pool lot" means a principal use parking use, operated or approved by a public ridesharing agency, where commuters park private vehicles and join together in carpools or vanpools for the ride to work and back, or board public transit at a stop located outside of the park and pool lot.
2) "Park and ride lot" means a principal use parking use where commuters park private vehicles and either join together in carpools or vanpools, or board public transit at a stop located in the park and ride lot.
d. "Towing services" means a parking and moorage use in which more than two tow trucks are employed in the hauling of motorized vehicles, and where vehicles may be impounded, stored or sold, but not disassembled or junked.
3. "Passenger terminal" means a transportation facility where passengers embark on or disembark from carriers such as ferries, trains, buses or planes that provide transportation to passengers for hire by land, sea or air. Passenger terminals typically include some or all of the following: ticket counters, waiting areas, management offices, baggage handling facilities, restroom facilities, shops and restaurants. A passenger terminal use on the waterfront may include moorage for cruise ships and/or vessels engaged in transporting passengers for hire. Activities commonly found aboard such vessels, whether moored or under way, that are incidental to the transport of passengers shall be considered part of the passenger terminal use and shall not be treated as separate uses. Metro street bus stops, monorail transit stations, and light rail transit stations are not included in this definition. Also excluded is the use of sites where passengers occasionally embark on or disembark from transportation in a manner that is incidental to a different established principal use of the site.
4. "Rail transit facility" means a transportation facility used for public transit by rail. Rail transit facilities include but are not limited to the following:
a. "Light rail transit facility" means a structure, rail track, equipment, maintenance base or other improvement of a light rail transit system, including but not limited to ventilation structures, traction power substations, light rail transit stations and related passenger amenities, bus layover and intermodal passenger transfer facilities, and transit station access facilities.
b. "Light rail transit station" means a light rail transit facility whether at grade, above grade or below grade that provides pedestrian access to light rail transit vehicles and facilitates transfer from light rail to other modes of transportation. A light rail transit station may include mechanical devices such as elevators and escalators to move passengers and may also include such passenger amenities as informational signage, seating, weather protection, fountains, artwork or concessions.
c. "Light rail transit system" means a public rail transit line that operates at grade level, above grade level, or in a tunnel and that provides high-capacity, regional transit service, owned or operated by a regional transit authority authorized under Chapter 81.112 RCW. A light rail transit system may be designed to share a street right-of-way although it may also use a separate right-of-way. Commuter rail, and low capacity, or excursion rail transit service, such as the Waterfront Streetcar, are not included.
5. "Transportation facility, air" means one of the following transportation facilities:
a. "Airport, land-based" means a transportation facility used for the takeoff and landing of airplanes.
b. "Airport, water-based" means a transportation facility used exclusively by aircraft that take off and land directly on the water.
c. "Heliport" means a transportation facility in which an area on a roof or on the ground is used for the takeoff and landing of helicopters or other steep- gradient aircraft, and one or more of the following services are provided: cargo facilities, maintenance and overhaul, fueling service, tie-down space, and other accessory buildings and open spaces.
d. "Helistop" means a transportation facility in which an area on a roof or on the ground is used for the takeoff and landing of helicopters or other steep- gradient aircraft, but not including fueling service, hangars, maintenance, overhaul or tie-down space for more than one aircraft.
6. "Vehicle storage and maintenance" means a use in which facilities for vehicle storage and maintenance are provided. Vehicle storage and maintenance uses include but are not limited to:
a. "Bus base" means a transportation facility in which a fleet of buses is stored, maintained, and repaired.
b. "Railroad switchyard" means a vehicle storage and maintenance use in which:
1) Rail cars and engines are serviced and repaired; and
2) Rail cars and engines are transferred between tracks and coupled to provide a new train configuration.
c. "Railroad switchyard with a mechanized hump" means a railroad switchyard that includes a mechanized classification system operating over an incline.
d. "Streetcar maintenance base" means a transportation facility in which a fleet of streetcars is stored, maintained, and repaired.
e. "Transportation services, personal" means a vehicle storage and maintenance use in which either emergency transportation to hospitals, or general transportation by car, van, or limousine for a fee is provided. Such uses generally include dispatching offices and facilities for vehicle storage and maintenance.
"Traveled way" means the portion of a freeway, expressway, or parkway, and its entrance or exit ramps, or scenic route, exclusive of shoulders, used for the movement of vehicles.
"Tree" means a plant defined as a tree in the Sunset Western Garden Book, 7th Edition, 2001. The size of a tree is identified as follows:
1. "Small tree" means a tree identified as a "small tree" in the Department of Transportation's "Recommended Street Trees and Planting Schedules," or a tree not listed in such schedules that is normally expected to have a spread less than or equal to 15 feet in diameter at maturity.
2. "Small/medium tree" means a tree identified as a "small/medium tree" in the Department of Transportation's "Recommended Street Trees and Planting Schedules," or a tree not listed in such schedules that is normally expected to have a spread greater than 15 feet and less than or equal to 20 feet in diameter at maturity.
3. "Medium/large tree" means a tree identified as a "medium/large tree" in the Department of Transportation's "Recommended Street Trees and Planting Schedules," or a tree not listed in such schedules that is normally expected to have a spread greater than 20 and less than or equal to 25 feet in diameter at maturity.
4. "Large tree" means a tree identified as a "large tree" in the Department of Transportation's "Recommended Street Trees and Planting Schedules," or a tree not listed in such schedules that is normally expected to have a spread greater than 25 feet in diameter at maturity.
5. "Large existing tree" means an existing tree with a trunk diameter exceeding 6 inches when measured at 4.5 feet above the ground.
"Tree, exceptional" means a tree designated as such per Chapter 25.11.
"Triplex" means a single structure containing three (3) dwelling units.
(Ord. 123046, § 63, 2009; Ord. 122935, § 22, 2009; Ord. 122611, § 14, 2007; Ord. 122330, § 3, 2007; Ord. 122311, § 100, 2006)
23.84A.040 "U."
"Underground" means entirely below the surface of the earth excluding access.
"University." See "Institution."
"Urban plaza." See "Plaza, urban."
"Urban center" means an area designated as an urban center in Seattle's Comprehensive Plan.
"Urban center village" means a portion of a larger urban center designated in Seattle's Comprehensive Plan as an urban center village.
"Urban village" means an area designated in Seattle's Comprehensive Plan as an urban center, hub urban village or residential urban village.
"Urban village, hub" means an area designated in Seattle's Comprehensive Plan as a hub urban village.
"Urban village, residential" means an area designated in Seattle's Comprehensive Plan as a residential urban village.
"Usable open space." See "Open space, usable."
"Use" means the purpose for which land or a structure is designed, built, arranged, intended, occupied, maintained, let or leased.
"Use, accessory" means a use that is incidental to a principal use.
"Use, conditional" means a use or other feature of development that may be permitted when authorized by the Director of the Department of Planning and Development ("administrative conditional use"), or by the Council ("Council conditional use"), pursuant to specified criteria.
"Use, nonconforming" means a use of land or a structure that was lawful when established and that does not now conform to the use regulations of the zone in which it is located, or that has otherwise been established as nonconforming according to section 23.42.102.
"Use, principal" means a use that is not incidental to another use.
"Utility" means a use in which power, water or other similar items are provided or transmitted; or sewage is treated, or solid waste is stored, transferred, recycled or incinerated. High-impact uses and utility lines shall not be considered utilities. Subject to the foregoing exclusions, utilities include but are not limited to the following uses:
1. "Communication utilities, major." See "communication devices and utilities."
2. "Communication utilities, minor." See "communication devices and utilities."
3. "Power plant" means a utility use in which power in the form of electricity is produced by wind, solar or water forces or the combustion of materials such as coal, oil, or gas and/or in which steam is produced by combustion or electricity. A nuclear power plant, solid waste incineration facility and the concurrent incidental production of electricity or useful heating or mechanical energy, or cogeneration, as well as the recovery of waste heat, shall not be considered a power plant. The production and use of electricity produced from solar energy or other sources of natural energy as an accessory use is not a power plant use, and the sale of excess energy so produced is not evidence of a power plant use.
4. "Recycling" means a utility use in which recyclable materials are collected, stored, and/or processed, by crushing, breaking, sorting and/or packaging, but not including the collection of recyclable materials accessory to another use or any use which is defined as a solid waste management use.
5. "Sewage treatment plant" means a utility use in which sanitary or combined sewage is received, treated, and discharged, but does not include: Conveyance lines and associated underground storage facilities; pumping stations; or commercial or industrial facilities for "pretreatment" of sewage prior to discharge into the sewer system.
6. "Solid waste management" means a utility use in which solid waste other than recyclable materials is collected, stored, processed or incinerated. Solid waste management includes, but is not limited to, the following uses:
a. "Salvage yard" means a solid waste management use in which junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house-wrecking yards, and places or yards for storage of salvaged house-wrecking and structural steel materials and equipment, but only when such activity is not conducted entirely within an enclosed building, and excluding the following: pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, used or salvaged machinery in operable condition or the processing of used, discarded or salvaged materials as a minor part of manufacturing operations.
b. "Solid waste incineration facilities" means a solid waste management use in which solid waste is reduced by mass burning, prepared fuel combustion, pyrolysis or any other means, regardless of whether or not the heat of combustion of solid waste is used to produce power. Heat-recovery incinerators and the incidental production of electricity or useful heating or mechanical energy, or cogeneration, shall not be considered a solid waste incineration facility.
c. "Solid waste landfills" means a solid waste management use in which solid waste is permanently placed in or on land, including sanitary landfills and compliance cell landfills.
d. "Solid waste transfer station" means a solid waste management use in which discarded materials are collected for transfer to another location for disposal by compaction, shredding or separating, but does not include processing that changes the chemical content of the material.
7. "Utility services use" means a utility use that provides the system for transferring or delivering power, water, sewage, storm water runoff, or other similar substances. Examples include electrical substations, pumping stations, and trolley transformers.
(Ord. 122311, § 100, 2006)
23.84A.042 "V."
"Vacation (of public right-of-way)" means an action taken by the Council that terminates or extinguishes a right-of-way easement when it is no longer necessary for a public right-of-way.
"Vanpool" means a highway vehicle with a seating capacity of eight (8) to fifteen (15) persons, including the driver, that is used primarily to transfer a group of three (3) or more employees between home and work.
"Variance" means relief from certain provisions of the Land Use Code authorized by the Director or Council after determining that the criteria established for the granting of variances have been satisfied.
"Vegetated wall." see "Wall, vegetated"
"Vehicle repair, minor." See "Retail sales and services, automotive" under "Sales and services, automotive."
"Vehicle repair, major." See "Sales and services, automotive."
"Vehicle storage and maintenance" see "Transportation facility."
"Very low-income disabled multifamily structure." See "Multifamily structure, very low-income disabled."
"Very low-income elderly multifamily structure." See "Multifamily structure, very low-income elderly."
"Very low-income elderly/very low-income disabled multifamily structure." See "Multifamily structure, very low-income elderly/very low-income disabled."
"Very low-income household." See "Household, very low-income."
"Very low-income housing." See "Housing, very low-income."
"Vessel repair, major." See "Sales and services, marine."
"Vessel repair, minor." See "Sales and services, marine."
"Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity.
"Vocational or fine arts school." See "Institution."
(Ord. 122935, § 23, 2009; Ord. 122311, § 100, 2006)
23.84A.044 "W"
"Wall, exterior" means an upright member of a structure that forms the boundary between the interior and exterior of that structure.
"Wall, vegetated." means a vertical surface designed and planted to be covered at maturity by plants.
"Warehouse." See "Storage."
"Whip antenna." See "Communications devices and utilities".
"Wholesale showroom." See "Sales and services, heavy."
"Width, structure." See "Structure width."
"Wood shop" means a structure fitted with machinery and tools for instruction primarily in cabinetry, carpentry, boat building, and marine carpentry.
"Work release center" means a use providing an alternative to imprisonment, including pre-release and work/training release programs that are under the supervision of a court, or a federal, state or local agency. This definition excludes at-home electronic surveillance.
(Ord. 123021, § 2, 2009; Ord. 122311, § 100, 2006)
23.84A.046 "Y."
"Yard." See "Yard, front," "Yard, side" and "Yard, rear."
"Yard, front" means an area from the ground upward between the side lot lines of a lot, extending from the front lot line to a line on the lot parallel to the front lot line, the horizontal depth of which is specified for each zone.
"Yard, rear" means an area from the ground upward between the side lot lines of a lot, extending from the rear lot line to a line on the lot parallel to the rear lot line, the horizontal depth of which is specified for each zone.
"Yard, side" means an area from the ground upward between the front yard (or front lot line if no front yard is required); and the rear yard (or rear lot line if no rear yard is required); and extending from a side lot line to a line on the lot, parallel to the side lot line, the horizontal depth of which is specified for each zone.
(Ord. 122311, § 100, 2006)
23.84A.048 "Z."
"Zone" means a portion of the City designated on the Official Land Use Map of The City of Seattle within one (1) of the land use classifications.
"Zone, commercial" means a zone with a classification that includes one of the following: NC1, NC2, NC3, C1, C2 and SM, which classification also may include one or more suffixes.
"Zone, general commercial" or "Zone, C" means a zone with a classification that includes one of the following: Commercial 1 (C1) or Commercial 2 (C2), which classification also may include one or more suffixes.
"Zone, downtown" means a zone with a classification that includes any of the following: DOC1, DOC2, DRC, DMC, DMR, IDM, IDR, PSM, PMM, DH1 and DH2, which classification also may include one or more suffixes.
"Zone, industrial" means a zone with a classification that includes any of the following: General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC).
"Zone, lowrise" means zone with a classification that includes any of the following: Lowrise Duplex/Triplex, Lowrise 1, Lowrise 2, Lowrise 3 and Lowrise 4 multifamily residential zones, which classification also may include one or more suffixes.
"Zone, multifamily" means a zone with a classification that includes any of the following: Lowrise Duplex/Triplex (LDT), Lowrise 1 (L1), Lowrise 2 (L2), Lowrise 3 (L3), Lowrise 4 (L4), Midrise (MR), Midrise/85 (MR/85), or Highrise (HR), which classification also may include one or more suffixes.
"Zone, neighborhood commercial" or "Zone, NC" means a zone with a classification that includes any of the following: Neighborhood Commercial 1 (NC1), Neighborhood Commercial 2 (NC2), or Neighborhood Commercial 3 (NC3), which classification also may include one or more suffixes.
"Zone, next more intensive" means, with respect to a zone with one of the following designations, a zone that has the designation listed immediately after that designation in the following list:
1. Neighborhood Commercial 1 (NC1)
2. Neighborhood Commercial 2 (NC2)
3. Neighborhood Commercial 3 (NC3)
4. Commercial 1 (C1)
5. Commercial 2 (C2)
6. Industrial Buffer (IB)
7. Industrial Commercial (IC)
8. General Industrial 2 (IG2)
9. General Industrial 1 (IG1)
"Zone, pedestrian-designated" means a Neighborhood Commercial 1P (NC1P), Neighborhood Commercial 2P (NC2P), or Neighborhood Commercial 3P (NC3P) zone designated on the Official Land Use (Zoning) map.
"Zone, residential" means a zone with a classification that includes any of the following: SF9600, SF7200, SF5000, RSL, LDT, L1, L2, L3, L4, MR, HR, RC, DMR and IDR, which classification also may include one or more suffixes, but not including any zone with an RC designation.
"Zone, single family" or "SF zone" means a zone with a classification that includes any of the following: SF5000, SF7200 and SF9600. Solely for the purposes of the provisions of this title that impose standards or regulations based upon adjacency or any other juxtaposition or relationship to a single-family zone, "zone, single family" also shall include any zone with a classification that includes RSL, which classification also may include one or more suffixes.
(Ord. 122311, § 100, 2006)
Chapter 23.86 Sections:
23.86.002 General provisions.
23.86.004 Sign measurements.
23.86.006 Structure height
23.86.007 Gross floor area and floor area ratio.
23.86.008 Lot coverage, width and depth.
23.86.010 Yards
23.86.012 Setbacks in multifamily zones.
23.86.014 Structure width.
23.86.016 Structure depth.
23.86.018 Open space.
23.86.019 Green Factor
23.86.020 Modulation.
23.86.023 Street-level facades.
23.86.024 Minimum facade height.
23.86.026 Facade transparency.
23.86.028 Blank facades.
23.86.030 Common recreation area.
23.86.032 Gross floor area in residential use.
23.86.034 Distance to required parking.
23.86.036 Major Institution minimum site and gross floor area measurement.
23.86.002 General provisions.
A. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements. These drawings shall be drawn to scale, and shall be of sufficient detail to allow verification upon inspection or examination by the Director.
B. Fractions.
1. When any measurement technique for determining the number of items required or allowed, including but not limited to parking or bicycle spaces, or required trees or shrubs, results in fractional requirements, any fraction up to and including one-half ( 1/2) of the applicable unit of measurement shall be disregarded and fractions over one-half ( 1/2) shall require the next higher full unit of measurement.
2. When any measurement technique for determining required minimum or allowed maximum dimensions, including but not limited to height, yards, setbacks, lot coverage, open space, building depth, parking space size or curb cut width, results in fractional requirements, the dimension shall be measured to the nearest inch. Any fraction up to and including one-half ( 1/2) of an inch shall be disregarded and fractions over one-half ( 1/2) of an inch shall require the next higher unit.
3. When density calculations result in a fraction, any fraction up to and including one-half ( 1/2) shall be disregarded and any fraction over one-half ( 1/2) shall allow the next higher number. This provision may not be applied to density calculations that result in a quotient less than one (1).
(Ord. 120117 § 58, 2000; Ord. 119242 § 11, 1998; Ord. 117263 § 70, 1994; Ord. 111390 § 49, 1983; Ord. 110381 § 1(part), 1982.)
23.86.004 Sign measurements.
A. Sign Area.
1. For a sign which is an independent structure, the entire visible surface of the sign, exclusive of support devices, shall be included in area calculations. Only one (1) face of a double-faced sign shall be counted.
2. For a sign painted or mounted directly on another structure, sign area shall be the area contained in the smallest rectangular area enclosing the graphic or worded message, measured by the projection of the legs of two (2) right angles that are placed at opposite corners of the graphic and/or worded message (Exhibit 23.86.004 A)
3. Where a background color different from that of the face upon which a sign is located is used as part of the sign, the entire background area shall be included in area calculations (Exhibit 23.86.004 B).
4. Only message-conveying text shall be included. Decorative graphics not conveying a readily apparent message are not counted in the area of the sign.
5. For the purposes of measuring sign area for signs regulated by Section 23.55.042, signs adjacent to certain public highways, the following provisions shall also be used to calculate sign area:
a. Where freestanding business signs and business signs on the face of a building are visible on the same premises, the sum of the area of both types of signs visible from any place on the traveled way shall not exceed the area permitted on the face of the building, except as provided for gas station signs and in subsection E1 of Section 23.55.042.
b. Where a multi-faced sign is used, the greatest area visible from any place on the traveled way shall be measured.
6. In major institution zones, when signs with and without size limits are combined, the portion of the sign to which a size limit applies shall not exceed the applicable limit.
B. Number of Signs. In certain zones, the type and number of signs is determined by amount of frontage on public rights-of-way, except alleys. Frontage shall be measured as follows:
1. When only one (1) business establishment is located on a lot, or when determining the frontage of a multiple business center, frontage shall equal the length of the street property line(s) of the lot on which the business establishment or multiple business center is located (Exhibit 23.86.004 C).
2. When determining the frontage of a business establishment located in a multiple business center, the following method shall be used:
a. Draw the least rectangle that encloses the portion of the principal structure in which the business establishment is located, as well as any area used for outdoor sales or outdoor display of rental equipment.
b. Extend the sides of the rectangle to the property line(s) of the lot which abut a right-of-way, except an alley, and which are not blocked from the rectangle by another structure or portion of the structure (Exhibit 23.86.004 D).
c. The lineal footage of the frontage between the extended sides of the rectangle shall be the frontage of the business establishment for purposes of measuring the number and type of permitted signs.
C. Dispersion Standards for Off-premises Signs.
1. Where linear dispersion of off-premises signs is required, the number of off-premises signs permitted on a street shall be calculated as follows:
a. Project the centerline of each off-premises sign structure or sign painted on a structure to the centerline of each street from which the sign face is visible, at right angles to the street. Signs which are set so far back from a street that they are not visible from the street, sign structures which may be visible from the street but are oriented to face another street and permitted business district identification signs, shall not be counted.
b. Signs on both sides of the street shall be counted, unless otherwise stated.
c. Single-face billboards shall be considered one (1) structure for the purposes of this subsection.
d. Double-face or "V" type shall be considered one (1) structure for the purposes of this subsection.
e. Visually blocked advertising signs shall be considered one-half ( 1/2) of a sign structure for the purposes of this subsection.
f. The number of permitted signs shall be measured from the projections made under subsection C1a at the centerline of the street.
2. Where a minimum radial distance between each off-premises sign structure is established, the distance shall be calculated as follows:
a. Draw a circle with its center on the centerline of the sign structure, and a radius equal to the minimum required distance (Exhibit 23.86.004 F).
b. No off-premises sign except permitted business district identification signs shall be located within the circle.
c. Double-face or "V" type billboards shall be considered one (1) structure for the purposes of this subsection.
d. When permitted sign area is calculated as a percentage of the area of the face of the structure on which the sign is located, the area of the structure face shall be the elevation of the structure as measured on flat projection from any side, excluding the roof and excluding any chimney, stack, structure, or mechanical equipment on the roof.
(Ord. 116780 § 6, 1993; Ord. 113263 § 42, 1986; Ord. 112830 § 23, 1986; Ord. 112519 § 50, 1985; Ord. 110381 § 1(part), 1982.)
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23.86.006 Structure height
A. Height measurement technique in all zones except downtown zones and within the South Lake Union Hub Urban Village, and for the Living Building Pilot Program authorized by Section 23.40.060.
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.
C. Height Averaging for Single-family Zones. In a single family zone, when expanding an existing structure occupied by a nonconforming residential use per section 23.42.106, the following measurement shall be used to determine the average height of the closest principal structures on either side:
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 four-in-twelve (4:12) 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 four-in-twelve (4:12), 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.
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.
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 that 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.
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 four to twelve (4:12), 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 four to twelve (4:12), 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.
G. Height Measurement Technique for Structures Located Partially Within the Shoreline District. When any portion of the structure falls within the Shoreline District, structure height for the entire structure shall be measured according to Section 23.60.952, Height.
H. For Projects accepted into the Living Building Pilot Program authorized pursuant to Section 23.40.060, the applicant may choose either the height definition of Section 502 of the Seattle Building Code or the height measurement method described in this Section 23.86.006.
(Ord. 123206, § 7, 2009; Ord. 122823, § 12, 2008; Ord. 122582, § 3, 2007; Ord. 121476 § 24, 2004; Ord. 121359 § 10, 2003; Ord. 112971 § 1, 1986; Ord. 112539 § 13, 1985; Ord. 112519 § 51, 1985; Ord. 112303 § 24, 1985; Ord. 111926 § 25, 1984; Ord. 110669 § 26, 1982; Ord. 110570 § 21, 1982; Ord. 110381 § 1(part), 1982.)
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23.86.007 Gross floor area and floor area ratio.
A. Certain items may be exempted from calculation of gross floor area of a structure. When gross floor area below grade is exempted, the amount of below-grade floor area shall be measured as follows:
1. The existing grade of the lot shall be established by the elevations of the perimeter lot lines of the lot.
2. To determine the amount of gross floor area which is below grade, find the point where the ceiling of each floor intersects the existing grade elevation. Draw a line perpendicular to the point of intersection. All gross floor area behind this line shall be considered below-grade (see Exhibit 23.86.007 A).
B. Public rights-of-way shall not be considered part of a lot when calculating floor area ratio; provided that when dedication of right-of-way is required, permitted floor area ratio shall be calculated before the dedication is made.
(Ord. 115326 § 37, 1990; Ord. 113892 § 9, 1988: Ord. 112519 § 52, 1985: Ord. 112303 § 25, 1985.)
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23.86.008 Lot coverage, width and depth.
A. Lot coverage shall be calculated in accordance with Exhibit 23.86.008 A.
B. In single-family zones, lot depth shall be the length of the line extending between the front lot line or front lot line extended, and the rear lot line or lines, or in the case of a through lot, between the two (2) front lot lines or lines extended. This line shall be perpendicular to the front lot line or front lot line extended. Where an alley abuts the rear of the property, one-half ( 1/2) of the width of the alley shall be included as a portion of the lot for determining lot depth.
C. Lot Width in Single-family Zones:
1. When a lot is essentially rectangular, the lot width shall be the mean horizontal distance between side lot lines measured at right angles to lot depth (Exhibit 23.86.008 B).
2. In the case of a lot with more than one (1) rear lot line (Exhibits 23.86.008 C and 23.86.008 D), the lot width shall be measured according to the following:
a. If the distance between the rear lot lines is fifty (50) percent or less of the lot depth, the lot width shall be measured parallel to the front lot line and shall be the greatest distance between the side lot lines (Exhibit 23.86.008 C); or
b. If the distance between the rear lot lines is greater than fifty (50) percent of the lot depth, the lot width shall be determined by measuring average lot width according to Exhibit 23.86.008 D.
3. For irregular lots not meeting the conditions of subsections C1 or C2, the Director shall determine the measurement of lot width.
(Ord. 121476 §§ 25, 26, 2004; Ord. 117263 § 71, 1994; Ord. 113883 § 4, 1988; Ord. 110669 § 27, 1982: Ord. 110381 § 1(part), 1982.)
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23.86.010 Yards
A. Measuring Required Yards. Required yard dimensions shall be horizontal distances, measured perpendicular to the appropriate lot lines (Exhibit 23.86.010 A).
For lots with no street frontage, the applicant may designate the front lot line.
B. Front Yards.
1. Determining Front Yard Requirements. Front yard requirements are presented in the development standards for each zone. Where the minimum required front yard is to be determined by averaging the setbacks of structures on either side of a lot, the following provisions apply:
a. The required depth of the front yard shall be the average of the distance between single-family structures and front lot lines of the nearest single-family structures on each side of the lot (Exhibit B for 23.86.010). If the front facade of the single-family structure is not parallel to the front lot line, the shortest distance from the front lot line to the structure shall be used for averaging purposes (Exhibit C for 23.86.010).
b. The yards used for front yard averaging shall be on the same block front as the lot, and shall be the front yards of the nearest single-family structures within 100 feet of the side lot lines of the lot.
c. For averaging purposes, front yard depth shall be measured from the front lot lines to the wall nearest to the street or, where there is no wall, the plane between supports, which comprises 20 percent or more of the width of the front facade of the single-family structure. Enclosed porches shall be considered part of the single-family structure for measurement purposes. Attached garages or carports permitted in front yards under 23.44.016.D, decks, uncovered porches, eaves, attached solar collectors, and other similar parts of the structure shall not be considered part of the structure for measurement purposes.
d. If there is a dedication of street right-of-way to bring the street abutting the lot closer to the minimum widths established in Section 23.53.015, for averaging purposes the amount of the dedication shall be subtracted from the front yard depth of the structures on either side.
e. If the first single-family structure within 100 feet of a side lot line of the lot is not on the same block front, or does not provide its front yard on the same street, or if there is no single-family structure within 100 feet of the side lot line, the yard depth used for averaging purposes on that side shall be 20 feet (Exhibits D and E for 23.86.010).
f. If the front yard of the first single-family structure within 100 feet of the side lot line of the lot exceeds 20 feet, the yard depth used for averaging purposes on that side shall be 20 feet (Exhibit F for 23.86.010).
g. In cases where the street is very steep or winding, the Director shall determine which adjacent single-family structures should be used for averaging purposes.
2. Sloped Lots in Single-family Zones. For a lot in a single-family zone, reduction of the required front yard is permitted at a rate of 1 foot for every percent of slope in excess of 35 percent. For the purpose of this provision the slope shall be measured along the centerline of the lot. In the case of irregularly shaped lots, the Director shall determine the line along which slope is calculated.
C. Rear Yards. Rear yard requirements are presented in the standard development requirements for each zone. In determining how to apply these requirements, the following provisions shall apply:
1. The rear yard shall be measured horizontally from the rear lot line when the lot has a rear lot line which is essentially parallel to the front lot line for its entire length.
2. When the front lot line is essentially parallel to portions of the rear property line, as with a stepped rear property line, each portion of the rear property line which is opposite and essentially parallel to the front lot line shall be considered to be a rear lot line for the purpose of establishing a rear yard.
3. On a lot with a rear property line, part of which is not essentially parallel to any part of the front lot line, the rear yard shall be measured from a line or lines drawn from side lot line(s) to side lot line(s), at least ten (10) feet in length, parallel to and at a maximum distance from the front lot line. Where an alley abuts the rear of the property, one-half ( 1/2) the width of the alley, between the side lot lines extended, shall be considered to be part of the lot for drawing this line. For those portions of the rear lot line which are essentially parallel to the front lot line, subsection C2 above shall apply.
4. For a lot with a curved front lot line, the rear yard shall be measured from a line at least ten (10) feet in length, parallel to and at a maximum distance from a line drawn between the endpoints of the curve. The lot depth is then measured perpendicularly from this ten (10) foot long line extended as needed to the point on the actual front lot line which is the furthest distance away. This establishes lot depth, which then may be used to determine the required rear yard depth.
5. For a lot with an irregular shape or with an irregular front lot line not meeting conditions of C1 through C4 above, the Director shall determine the measurement of the rear yard.
D. Side Yards.
1. Side Yard Averaging. Side yard requirements are presented in the standard development requirements for each zone. In certain cases where specifically permitted, the side yard requirement may be satisfied by averaging the distance from side lot line to structure facade for the length of the structure. In those cases the side yard shall be measured horizontally from side lot line to the side facade of the structure.
(Ord. 123046, § 64, 2009; Ord. 118414 § 60, 1996; Ord. 117263 § 72, 1994; Ord. 115326 § 38, 1990; Ord. 111390 § 50, 1983; Ord. 110793 § 71, 1982; Ord. 110669 § 28, 1982; Ord. 110381 § 1(part), 1982.)
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23.86.012 Setbacks in multifamily zones.
A. Front Setbacks.
1. Determining Front Setback Requirements. Front setback requirements are presented in the development standards for each zone. Where the minimum required front setback is to be determined by averaging the setbacks of structures on either side of the subject lot, the following provisions shall apply:
a. The required depth of the front setback shall be the average of the distance between principal structures and front lot lines of the nearest principal structures on each side of the subject lot (Exhibit 23.86.012 A).
b. The setbacks used for front setback averaging shall be on the same block front as the subject lot, and shall be the front setbacks of the nearest principal structures within one hundred (100) feet of the side lot lines of the subject lot.
c. For averaging purposes, front setback depth shall be measured from the front lot line to the nearest wall or, where there is no wall, the plane between supports which comprises twenty (20) percent or more of the width of the front facade of the principal structure on either side. Attached garages and enclosed porches shall be considered part of the principal structure for measurement purposes. Decks less than eighteen (18) inches above existing grade, uncovered porches, eaves, attached solar collectors and other similar parts of the structure shall not be considered part of the principal structure. When the front facade of the principal structure is not parallel to the front lot line, the shortest distance from the front lot line to the structure shall be used for averaging purposes.
d. When there is a dedication of street right-of-way to bring the street abutting the lot closer to the minimum widths established in Section 23.53.015, for averaging purposes the amount of dedication shall be subtracted from the front setbacks of the structures on either side.
e. When the first principal structure within one hundred feet (100') of a side lot line of the subject lot is not on the same block front or when there is no principal structure within one hundred feet (100') of the side lot line, the setback depth used for averaging purposes on that side shall be ten feet (10').
f. When the front setback of the first principal structure within one hundred feet (100') of the side lot line of the subject lot exceeds twenty feet (20'), the setback depth used for averaging purposes on that side shall be twenty feet (20').
g. In cases where the street is very steep or winding, the Director shall determine which adjacent structures should be used for averaging purposes.
h. In the case of a through lot, the requirement for front setback shall be determined independently for each street frontage. The measurement techniques of this section shall be applied for each street frontage separately.
i. For cluster development, the front setback of a principal structure on the same lot may be used for averaging purposes.
2. Front Setback Averaging. In certain zones the required front setback may be averaged. In such cases the following provisions shall apply:
a. The average distance from the front lot line to the facade shall satisfy the minimum front setback requirement. The front setback shall be averaged for the entire width of the structure, except that areas which are farther than three (3) times the required front setback from the front lot line shall not be calculated in the front setback.
b. Portions of the facade at existing grade shall be used in determining the average setback.
c. Projections of the front facade which begin at least eight feet (8') above finished grade and project four feet (4') or less from the lower portion of the facade shall not be included in the setback averaging. For such projections which project more than four feet (4') from the lower portion of the facade, only the first four feet (4') shall be exempt from the averaging calculation. This provision applies to such features as cantilevered floor area, decks and bay windows. Eaves, gutters and cornices are permitted to project eighteen inches (18") beyond any front facade without being counted in averaging.
3. Measuring Street-facing Setbacks for Institutions and Public Facilities in Multifamily Zones.
a. In multifamily zones, the depth of setback from a street lot line may be averaged along the width and height of the facade for institutions and public facilities, as an alternative providing greater design flexibility than standard modulation requirements.
b. This average setback shall be calculated by dividing the three (3) dimensional volume of setback by the area of the structure facade.
(1) Find the sum of volumes within the space defined by extension of the roof line, the planes of the side walls, and the vertical extension of the front lot line; and
(2) Divide this sum by the area of the street-facing facade, calculated as the product of facade height and facade width (Exhibit 23.86.012 B).
B. Rear Setbacks. In Midrise zones applicants are given an option in multifamily zones to provide a minimum rear setback of ten feet (10') which must be modulated, or an averaged rear setback of at least fifteen feet (15'). The following provisions shall apply when the applicant has chosen to provide an averaged rear setback of at least fifteen feet (15'):
1. All projections of the facade shall be included in averaging the rear setback, with the exception of eaves, gutters and cornices which project eighteen inches (18") or less from the facades.
2. The rear setback shall be averaged for the entire width of the structure.
C. Side Setbacks.
1. Side setback requirements are presented in the standard development requirements for each zone. Side setback requirements are based on the height and the depth of a structure. Where two (2) or more structures are connected by elevated walkways, structure depth shall be determined by the combined depth of the structures connected by the elevated walkway, not including the walkway itself.
2. Side Setback Averaging. In certain cases where specifically permitted, the side setback requirement may be satisfied by averaging the distance from side lot line to structure facade for the depth of the structure. In those cases the following provisions shall apply:
a. The side setback shall be measured horizontally from side lot line to the side facade of the structure.
b. This side setback shall be averaged for the entire depth of the structure, except that areas which are farther than two (2) times the required average side setback from the side lot line shall not be counted as part of the side setback (Exhibit 23.86.012 C).
C. Setbacks Between Structures in Cluster Developments. Required setbacks in cluster developments are specified in each multifamily zone. In certain cases, the setback requirement may be satisfied by averaging the distance between the portions of the facades which face each other. In those cases the following provisions apply:
1. The setback shall be measured horizontally from one (1) facade to the other.
2. The setback shall be averaged across the width of those portions of the facades which face each other.
(Ord. 115326 § 39, 1990; Ord. 115002 § 21, 1990; Ord. 114887 § 9, 1989: Ord. 113041 § 22, 1986: Ord. 112971 § 2, 1986; Ord. 111100 § 12, 1983; Ord. 110793 § 72, 1982; Ord. 110570 § 22, 1982.)
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23.86.014 Structure width.
A. Structure width shall be measured by the following method:
1. Draw a rectangle that encloses the principal structure.
2. Structure width shall be the length of the side of that rectangle most closely parallel to the front lot line (Exhibit 23.86.014 A).
B. Portions of a structure which shall be considered part of the principal structure for the purpose of measuring structure width are as follows:
1. Carports and garages attached to the principal structure unless attached by a structural feature not counted in structure width under subsection C;
2. Exterior corridors, hallways or open, above-grade walkways, except portions which are elevated walkways connecting structures in a cluster development;
3. Enclosed porches, decks, balconies and other enclosed projections;
4. Chimneys used to meet modulation requirements;
5. Modulated and projecting segments of a facade unless excluded in subsection C.
C. Portions of a structure which shall not be considered part of the principal structure for the purpose of measuring structure width are as follows:
1. Eaves, cornices and gutters provided that when such features project more than eighteen (18) inches from an exterior wall only eighteen (18) inches shall be excluded in the measurement of structure width;
2. The portion of elevated walkways connecting buildings in cluster developments;
3. Chimneys not used to meet modulation requirements provided that only eighteen (18) inches shall be excluded in the measurement of structure width;
4. Attached solar greenhouses meeting minimum standards administered by the Director;
5. Unenclosed decks, balconies and porches, ten (10) feet or less above existing grade, unless located on the roof of an attached garage or carport included in structure width in subsection B1 of this section;
6. Unenclosed decks, balconies and porches, more than ten (10) feet above existing grade, provided that when such features project more than four (4) feet from an exterior wall, only four (4) feet shall be excluded in the measurement of structure width. Such features shall be excluded whether or not used to meet modulation requirements; and
7. Arbors, trellises and similar features.
(Ord. 118414 § 61, 1996; Ord. 114887 § 10, 1989; Ord. 111390 § 51, 1983; Ord. 110793 § 73, 1982: Ord. 110570 § 23, 1982.)
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23.86.016 Structure depth.
A. Measuring Structure Depth. In certain zones structure depth is limited by development standards. The following provisions shall apply for determining structure depth:
1. Structure depth shall be measured by the following method:
a. Draw a rectangle that encloses the principal structure.
b. Structure depth shall be the length of the sides of that rectangle most closely parallel to the side lot lines (Exhibit 23.86.016 A).
c. In Lowrise zones when more than one (1) structure is located on a lot and no portion of a structure is behind any portion of another structure and the structures are separated by a minimum of ten (10) feet, the maximum depth of each structure shall be measured individually. (See Exhibit 23.86.016 B.) When any portion of a structure is behind any portion of another structure then maximum structure depth shall be the combined depth of the structures on the lot.
2. Portions of a structure which shall be considered part of the principal structure for the purpose of measuring structure depth are as follows:
a. Carports and garages attached to the principal structure unless attached by a structural feature not counted in structure depth under subsection A3;
b. Exterior corridors, hallways or open, abovegrade walkways, except portions which are elevated walkways connecting structures in a cluster development;
c. Enclosed porches, decks, balconies and other enclosed projections;
d. Chimneys used to meet modulation requirements;
e. Modulated and projecting segments of a facade unless excluded in subsection A3;
f. Accessory structures which are less than three (3) feet from the principal structure at any point.
3. Portions of a structure which shall not be considered part of the principal structure for the purpose of measuring structure depth are as follows:
a. Eaves, cornices and gutters provided that when such features project more than eighteen (18) inches from an exterior wall only eighteen (18) inches shall be excluded in the measurement of the structure depth;
b. The portion of elevated walkways connecting buildings in a cluster development;
c. Chimneys not used to meet modulation requirements provided that only eighteen (18) inches shall be excluded in the measurement of structure depth;
d. Attached solar greenhouses meeting minimum standards administered by the Director;
e. Unenclosed decks, balconies and porches, ten (10) feet or less in height, unless located on the roof of an attached garage or carport included in structure depth in subsection A2a;
f. Unenclosed decks, balconies and porches, more than ten (10) feet above existing grade, provided that when such features project more than four (4) feet from an exterior wall only four (4) feet shall be excluded in the measurement of structure depth. Such features shall be excluded whether or not used to meet modulation requirements.
B. Determining Maximum Permitted Structure Depth. In certain zones, structure depth is limited to a percentage of lot depth. For those cases the following provisions shall apply:
1. When the lot is essentially rectangular and has a rear lot line which is within fifteen (15) degrees of parallel to the front lot line, the lot depth shall be the horizontal distance between the midpoints of the front and rear lot lines (Exhibit 23.86.016 C).
2. When the lot is triangular or wedge-shaped, lot depth shall be the horizontal distances between the midpoint of the front lot line and the rear point of the lot. If such a lot does not actually come to a point, lot depth shall be measured from midpoint of front lot line to midpoint of rear lot line (Exhibit 23.86.016 C).
3. In the case of a through lot, lot depth shall be measured between midpoints of front lot lines.
4. When lot shape is so irregular that provisions 1, 2 or 3 cannot be used, lot depth shall be that distance equal to the result of lot area divided by length of front lot line, provided that in no case shall lot depth be greater than the distance from front lot line to the furthest point on the perimeter of the lot (Exhibit 23.86.016 D).
C. Measuring Structural Depth Exceptions. In certain zones, exceptions permit increased structure depth. For those cases total permitted lot coverage shall equal maximum width times maximum depth less the area required for modulation, according to the following provisions:
1. Maximum width shall be considered to be the width of the lot less the total required side setbacks, but shall in no case exceed the maximum width permitted for the housing type and zone. In Lowrise 3 zones, apartments no more than thirty (30) feet in height may have a maximum depth of one hundred (100) feet.
2. Maximum depth shall be considered to be the percentage of lot depth permitted for the proposed housing type.
3. The area of minimum required modulation shall be subtracted from the calculation to determine maximum lot coverage permitted.
4. Eaves, and unenclosed decks, balconies and porches, shall not be calculated as part of lot coverage, provided that when such features project more than four (4) feet from an exterior wall only four (4) feet shall be excluded from the lot coverage calculation.
(Ord. 118414 § 62, 1996; Ord. 114887 § 11, 1989; Ord. 113041 § 23, 1986; Ord. 111390 §§ 51, 52, 1983; Ord. 110793 § 74, 1982: Ord. 110570 § 24, 1982.)
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Table B for Section 23.86.019 (Ord. No. 123209, § 67, 2009; Ord. 122935, § 24, 2009.)
23.86.020 Modulation.
Modulation criteria are described in the development standards for each multifamily residential zone. The following provisions describe how measurements shall be made in determining whether modulation requirements have been met.
A. Modulation Width.
1. Modulation width shall be the width of a facade segment between the points at which adjacent segments begin to step forward or back (Exhibit 23.86.020 A).
2. Balconies and decks shall be considered to be projections of the facade for the purpose of measuring modulation width.
3. The stepping forward or back in the facade between which modulation width is measured shall be sufficient to satisfy the minimum modulation requirements for width and depth specified in the standard development requirements for the appropriate multi-family zone. Steps in the facade which do not satisfy minimum modulation width or depth requirements shall not be considered to form a separate facade segment for the purpose of measuring modulation width, until such steps cumulatively satisfy the minimum dimension required.
4. In cases where the design of a structure is so unusual that the above provisions cannot be applied; for example, for wedge-shaped or curved facade projections; the Director shall determine when modulation requirements have been met.
B. Modulation Depth.
1. Modulation depth shall be the distance a facade segment steps forward or back from an adjacent facade segment (Exhibit 23.86.020 B).
2. Balconies and decks shall be considered to be projections of the facade for the purpose of measuring modulation depth.
3. When portions of a facade which step forward or back do not satisfy the minimum modulation width or depth specified in the standard development requirements for the appropriate multifamily zone, such portions shall not be considered to form a separate facade segment for the purpose of measuring modulation depth, until such steps cumulatively satisfy the minimum dimensions required.
4. In cases where the design of the structure is so unusual that the above provisions cannot be applied, the Director shall determine when modulation requirements have been met.
C. Calculating Maximum Permitted Modulation Width. The maximum width of modulation is prescribed in the standard development requirements for each multi-family zone. In those cases for which the maximum modulation width may be increased if the modulation depth is increased, the following provisions shall apply:
1. When the depth of modulation provided allows the structure to qualify for increased modulation width, each adjacent facade segment shall qualify for the increased width, each adjacent facade segment shall qualify for the increased width (Exhibit 23.86.020 C).
2. When a facade segment is bounded by two (2) modulated segments of differing depths, the maximum modulation width shall be determined by the greater of the two modulation depths (Exhibit 23.86.020 D).
(Ord. 110570 § 26, 1982.)
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23.86.023 Street-level facades.
A structure's street-level facade is the portion of the facade that covers the street-level story or stories of a structure along an abutting street. The street-level facade of a structure is measured independently along each abutting street. On flat or sloped streets that span only one story of a structure, the street-level facade is the exterior wall of the story with more than fifty (50) percent of its floor closer to street level than any other story. On sloped streets that span more than one story of a structure, the street-level facade is identified as covering that portion of each story with its floor closer to street level than the floor of any other story. If no floor is closer to street-level than any other floor, the Director shall determine which portion of the facade is the street level. (Exhibit 23.86.023 A).
(Ord. 122311, § 101, 2006)
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23.86.024 Minimum facade height.
A. When a minimum facade height is required in downtown zones, the height of the facade shall be measured from the elevation of the street property line at the sidewalk as depicted in Exhibit 23.86.024 A. Areaways, stairways and other excavations at the property line shall not be considered in measuring the elevation of the street property line. When sidewalk widening is required according to Section 23.49.022, the height of the facade shall be measured from the elevation of the line establishing the new sidewalk width, rather than the street property line.
B. When different minimum facade heights are established at the corner of a lot, the higher minimum height shall continue to be provided around the corner for a distance equal to the higher minimum height required as depicted in Exhibit 23.86.024 B.
(Ord. 112519 § 53, 1985; Ord. 111926 § 26(part), 1984.)
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23.86.026 Facade transparency.
A. In zones where a certain percentage of the street facade is required to be transparent, transparency shall be measured in an area between two (2) feet and eight (8) feet above the elevation of the property line at the sidewalk, as depicted in Exhibit 23.86.026 A. Areaways, stairways and other excavations at the property line shall not be considered in measuring the elevation of the street property line. When sidewalk widening is required according to Section 23.49.022, the elevation of the lines establishing the new sidewalk width shall be used rather than the street property line.
B. When transparency is required for facades which abut bonused public open spaces, the measurement of facade transparency shall be from the elevation of the public open space.
(Ord. 112519 § 54, 1985; Ord. 111926 § 26(part), 1984.)
23.86.028 Blank facades.
In zones where blank facades are required to be limited, the following provisions shall be used to determine the percent and length of blank facades.
A. Percent of Blank Facades.
1. Blank facades shall be measured in an area between two (2) feet and eight (8) feet above the elevation of the property line at the sidewalk as depicted in Exhibit 23.86.028 A. Areaways, stairways and other excavations at the property line shall not be considered in measuring the elevation of the street property line. When sidewalk widening is required according to Section 23.49.022, the elevation of the line establishing the new sidewalk width shall be used rather than the street property line.
2. When the blank facade is limited for facades which abut bonused public open spaces, the measurement of facade transparency shall be from the elevation of the public open space.
B. Length of Blank Facades. The length of a blank facade located within the area established in subsection A of this section shall be measured between the closest points of adjacent transparent areas, at five (5) feet above the elevation of the property line at the sidewalk. Garage doors shall not be counted in determining the length of blank facades, as depicted in Exhibit 23.86.028 A.
(Ord. 112303 § 26, 1985; Ord. 111926 § 26(part), 1984.)
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23.86.030 Common recreation area.
Certain zones require that a minimum common recreation area be provided for residential use. When a common recreation area is required, the following provisions shall apply:
A. An outdoor area that is not part of a green street or publicly owned open space qualifies as a common recreation area if the ground surface of the area is permeable and is landscaped with grass, ground cover, bushes and/or trees; provided that patios, paved areas designed for recreation, and pedestrian access that meets the Washington State Rules for Barrier-Free Design shall also be considered common recreation area.
B. Driveways, parking areas and pedestrian access, except for pedestrian access meeting the Washington State Rules and Regulations for Barrier-Free Design, shall not be counted as common recreation area.
C. Development standards in downtown zones specify a minimum contiguous area for common recreation area. Areas smaller than the minimum contiguous area specified shall not be counted toward fulfilling the common recreation area requirements. Driveways and parking areas, paved or unpaved, shall be considered to separate common recreation areas they bisect. Pedestrian access areas shall not be considered to break the contiguity of common recreation areas on each side.
D. For an area to be considered a common recreation area, it must have a minimum area and minimum horizontal dimensions as established for downtown zones. For the purpose of measuring the horizontal dimensions of the common recreation area, the following provisions shall apply:
1. In rectangular or square areas, each exterior dimension of the area shall meet the minimum dimension as depicted in Exhibit 23.86.030 A.
2. In irregularly shaped areas in which all lines intersect at or approximately at ninety (90) degree angles, an area which is not less than sixty (60) percent of the minimum dimension in width and does not extend further than sixty (60) percent of the minimum dimension form a contiguous rectangular or square area of which all sides meet or exceed the minimum dimension, may be included as required common recreation area, as depicted in Exhibit 23.86.030 B.
3. In triangular areas, all exterior dimensions of the area shall meet or exceed the minimum dimension as depicted in Exhibit 23.86.030 C.
4. In circular areas, the diameter of the circle shall meet the minimum dimension; for semicircular areas, the radius of the area shall meet the minimum dimension as depicted in Exhibit 23.86.030 D.
5. When the shape of the area is so unusual that the above provisions cannot be applied; for example, when the shape is curvilinear, the Director shall determine when common recreation area requirements have been met.
6. When a portion of a lot is reserved for a vehicular access easement to another lot, no land within the limits of the easement shall be included in the calculation of the common recreation area required, except when a portion of the structure containing common recreation area is constructed over the easement.
(Ord. 119728 § 12, 1999; Ord. 111926 § 26(part), 1984.)
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23.86.032 Gross floor area in residential use.
When a requirement is based on the percentage of a structure's gross floor area which is in residential use, residential area shall include the following:
A. The gross floor area of all floors or portions of floors of a structure which are devoted entirely to residential use;
B. The prorated portion share of a structure's common areas in the same proportion as the residential use to other uses occupying the structure.
(Ord. 112303 § 27, 1985.)
23.86.034 Distance to required parking.
When a maximum distance to required parking is specified it shall be the walking distance measured from the nearest point of the parking area or garage to the nearest point of the lot containing the use the parking is required to serve.
(Ord. 112777 § 58, 1986.)
23.86.036 Major Institution minimum site and gross floor area measurement.
A. For the purpose of determining whether an institution's site meets the minimum site area to be designated a Major Institution, the following shall be included:
1. All contiguous lots containing Major Institution uses, and lots abutting or across a street or alley and within a radius of two thousand five hundred feet (2,500') of the contiguous lots containing Major Institution uses, including parking lots and outdoor uses and activity areas such as ball courts and playfields primarily used by the Major Institution;
2. If a structure on a lot contains uses other than Major Institution uses, only the area of the lot which contains Major Institution uses or the respective lot area calculated as a percentage of the structure that is occupied by the Major Institution use(s) shall be included.
B. For the purposes of determining whether an institution's gross floor area meets the minimum required to be designated a Major Institution, all gross floor area containing Major Institution uses in all structures within a Major Institution's site area, as determined by subsection A of this section, shall be included.
(Ord. 115002 § 22, 1990.)
Division 3 Chapter 23.88 Sections:
23.88.010 Rulemaking.
23.88.020 Land use interpretations.
23.88.010 Rulemaking.
The Director may promulgate rules consistent with this title pursuant to the authority granted in Section 3.06.040 and pursuant to the procedures established for rulemaking in the Administrative Code, Chapter 3.02. In addition to the notice provisions of Chapter 3.02, notice of the proposed adoption of a rule shall be placed in the Land Use Information Bulletin.
(Ord. 121477 § 64, 2004; Ord. 112522 § 17(part), 1985: Ord. 110381 § 1(part), 1982.)
23.88.020 Land use interpretations.
A. Interpretations Generally. A decision by the Director as to the meaning, application or intent of any development regulation in Title 23, Land Use Code, or in Chapter 25.09, Regulations for Environmentally Critical Areas, as it relates to a specific property is known as an "interpretation." An interpretation may be requested in writing by any person or may be initiated by the Director. Procedural provisions and statements of policy shall not be subject to the interpretation process. A decision by the Director that an issue is not subject to an interpretation request shall be final and not subject to administrative appeal. A request for an interpretation and a subsequent appeal to the Hearing Examiner, when available, are administrative remedies that must be exhausted before judicial review of a decision subject to interpretation may be sought.
B. Filing and Fees. Any request for interpretation shall be filed with the Director accompanied by the fee for interpretation provided in Table 6, SMC Section 22.901E.010. If a request for interpretation is included in an appeal to the Hearing Examiner of a related project decision, a copy shall be filed with the Director, accompanied by the applicable fee.
C. Timing of Request.
1. An interpretation that is not related to any pending project application may be requested at any time, by any person.
2. If an interpretation relates to a project application requiring no public notice pursuant to the provisions of Chapter 23.76, the following rules govern the deadline by which the request for interpretation must be received by the Department in order for the interpretation to be applied to the pending permit application:
a. Any person may request an interpretation within fourteen (14) days after the date the project application is determined to be complete, provided that the interpretation will not apply to the project if the permit is ready to issue before or on the same day the interpretation request and fee are submitted to the Department.
b. The project applicant may request an interpretation more than fourteen (14) days after the project application is determined to be complete if he or she agrees in writing that the time limits required by SMC Section 23.76.005 shall be calculated from the day the interpretation is requested.
3. If an interpretation relates to a project application requiring public notice pursuant to the provisions of Chapter 23.76, the following rules govern the deadline by which the request for interpretation must be received by the Department in order for the interpretation to be applied to the pending permit application:
a. Any person may request an interpretation prior to the end of the public comment period, including any extension, for the project application.
b. The project applicant may request an interpretation after the end of the public comment period and prior to publication of a land use decision or recommendation, if he or she agrees in writing that the time limits required by SMC Section 23.76.005 shall be calculated from the day the interpretation is requested.
c. Notwithstanding the above deadlines, an appeal of a Type II decision or a request for further consideration of a Type III recommendation may include a request that the Director issue in writing his or her interpretation of specified code sections, combined with an appeal of such interpretation, provided that an interpretation regarding whether a use proposed under the related project application has been correctly classified may not be requested pursuant to this subsection (c). A request for interpretation made pursuant to this subsection (c) shall state with specificity:
(1) How the Director's construction or application of the specified code sections is in error; and
(2) How the requester believes those sections should be construed or applied.
The provisions of subsections D, E and F of this section shall not apply to interpretations requested pursuant to this subsection (c). The Director shall respond to the request by issuing an interpretation in the form of a memorandum to be filed with the Hearing Examiner at least five (5) calendar days before the hearing.
D. Notice of Request for Interpretation. If an interpretation relates to a project application under consideration, and is requested by a person other than the applicant for that project, notice of the request for interpretation shall be provided to the permit applicant. If an interpretation relates to the provisions of Chapter 23.60 (Seattle Shoreline Master Program), notice of the request shall be provided to the Washington State Department of Ecology. If an interpretation is requested by a Major Institution as to whether a proposal constitutes a major or minor amendment to an adopted Major Institution Master Plan, notice of the request shall be provided to all members of the Citizens' Advisory Committee for that Major Institution.
E. Notice of Interpretation. Notice of an interpretation shall be provided to the person requesting the interpretation, and to the applicant(s) for the specific project or projects to which the interpretation relates. If the interpretation relates to provisions of Chapter 23.60 (Seattle Shoreline Master Program), notice shall be provided to the Washington State Department of Ecology. If the interpretation is related to a project requiring public notice, the interpretation shall be published concurrently with other land use decisions relating to that project. Notice of any interpretation subject to appeal before the Hearing Examiner or the Shoreline Hearings Board shall be provided by Land Use Information Bulletin.
F. Availability and Venue of Appeals.
1. An interpretation that is unrelated to any specific project application, or is related to a Type III or IV decision, may be appealed by any person to the Hearing Examiner. Such an appeal shall be filed with the Hearing Examiner by five p.m. (5:00 p.m.) on the fourteenth calendar day following publication of the notice of the interpretation. When the last day of the appeal period so computed is a Saturday, Sunday or federal or City holiday, the period shall run until five p.m. (5:00 p.m.) on the next business day. The appeal hearing on an interpretation related to a Type III Master Use Permit shall be consolidated with the open record hearing on the project application and the appeal hearing for any related environmental determination. Interpretations related to Type IV decisions shall be appealable to the Hearing Examiner in accordance with SMC Section 23.76.052.
2. An interpretation relating to a project application that does not require public notice shall not be subject to administrative appeal.
3. An interpretation relating to a Type II Master Use Permit shall be subject to the same appeal deadline as the related project decision, and may be appealed only if that project decision is appealed. The appeal of an interpretation shall be consolidated with the appeal of the related project decision. Interpretations related to projects that are appealed to the Hearing Examiner shall be appealable to the Hearing Examiner, and interpretations relating to project decisions that are appealed to the Shoreline Hearings Board shall be appealable to the Shoreline Hearings Board.
G. Appeals to Hearing Examiner, Process and Standard of Review.
1. The appeal of an interpretation, where permitted, shall be in writing and shall state specifically why the applicant believes the interpretation to be incorrect.
2. Appeals submitted to the Hearing Examiner shall be accompanied by payment of a filing fee as established in SMC Chapter 3.02.
3. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases in the Administrative Code, Chapter 3.02 and the Hearing Examiner Rules of Practice and Procedure in effect at the time the appeal is made.
4. In the event of an appeal of an interpretation not related to a specific project application, such appeal shall be decided within fifteen (15) days of the close of the record before the Hearing Examiner.
5. Appeals shall be considered de novo, and the decision of the Hearing Examiner shall be made upon the same basis as was required of the Director. The interpretation of the Director shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which is determined to be without merit on its face, frivolous, or brought merely to secure a delay.
6. The Hearing Examiner may affirm, reverse or modify the Director's interpretation either in whole or in part or may remand the interpretation to the Director for further consideration. The decision of the Hearing Examiner shall be final and conclusive unless the decision is reversed or remanded on judicial appeal. Any judicial review must be commenced within twenty-one (21) days of issuance of the Hearing Examiner's decision, as provided by RCW 36.70C.040.
(Ord. 121477 § 65, 2004; Ord. 121476 § 27, 2004; Ord. 118181 § 8, 1996; Ord. 118012 § 58, 1996: Ord. 112522 § 17(part), 1985; Ord. 110793 § 76, 1982; Ord. 110381 § 1(part), 1982.)
Case: Mandamus will not issue to compel the City to abate a violation which comes to light through the interpretation process. Carkeek v. Seattle, 53 Wn.App. 277, 766 P.2d 480 (1989).
This section does not preclude a lawsuit by neighbors who opposed issuance of a permit and had no reason or opportunity to seek interpretation of the code. Kates v. Seattle, 44 Wn.App. 754, 723 P.2d 493 (1986).
Chapter 23.90 Sections:
23.90.002 Violations.
23.90.004 Duty to enforce.
23.90.006 Investigation and notice of violation.
23.90.008 Time to comply.
23.90.010 Stop Work Order.
23.90.012 Emergency Order.
23.90.014 Review by the Director.
23.90.015 Order of the Director.
23.90.016 Extension of compliance date.
23.90.018 Civil Enforcement Proceedings and Penalties
23.90.019 Civil Penalty for Unauthorized Dwelling Units in Single-Family Zones
23.90.020 Alternative criminal penalty
23.90.025 Appeal to Superior Court.
23.90.002 Violations.
A. It is a violation of Title 23 for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within The City of Seattle without first obtaining the permits or authorizations required for the use by Title 23.
B. It is a violation of Title 23 for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within The City of Seattle in any manner that is not permitted by the terms of any permit or authorization issued pursuant to Title 23 or previous codes, provided that the terms or conditions are explicitly stated on the permit or the approved plans.
C. It is a violation of Title 23 to remove or deface any sign, notice, complaint or order required by or posted in accordance with Title 23.
D. It is a violation of Title 23 to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
E. It is a violation of Title 23 for anyone to fail to comply with the requirements of Title 23.
(Ord. 122050 § 17, 2006; Ord. 117570 § 28, 1995: Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)
23.90.004 Duty to enforce.
A. It shall be the duty of the Director to enforce Title 23. The Director may call upon the police, fire, health or other appropriate City departments to assist in enforcement. It shall be the duty of the Director of Transportation to enforce Section 23.55.004, Signs projecting over public rights-of-way.
B. Upon presentation of proper credentials, the Director or duly authorized representative of the Director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by the Land Use Code.
C. The Land Use Code shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
D. It is the intent of this Land Use Code to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this Code.
E. No provision of or term used in this Code is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action.
(Ord. 118409 § 216, 1996: Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)
23.90.006 Investigation and notice of violation.
A. The Director is authorized to investigate any structure or use the Director reasonably believes does not comply with the standards and requirements of this Land Use Code.
B. If after investigation the Director determines that the standards or requirements have been violated, the Director may issue a notice of violation to the owner, tenant or other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated, shall state what corrective action, if any, is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance. In the event of violations of the standards or requirements of the Seattle Shoreline Master Program, Chapter 23.60, the required corrective action shall include, if appropriate, but shall not be limited to, mitigating measures such as restoration of the area.
C. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, or by first class mail to the person's last known address. If the address of the responsible person is unknown and cannot be found after a reasonable search, the notice may be served by posting a copy of the notice at a conspicuous place on the property. If a notice of violation is directed to a tenant or other person responsible for the violation who is not the owner, a copy of the notice shall be sent to the owner of the property.
D. A copy of the notice of violation may be filed with the King County Department of Records and Elections when the responsible party fails to correct the violation or the Director requests the City Attorney take appropriate enforcement action.
E. Nothing in this section shall be deemed to limit or preclude any action or proceeding to enforce this chapter nor does anything in this section obligate the Director to issue a notice of violation prior to initiation of a civil or criminal enforcement action except as otherwise provided in Director's rules adopted pursuant to SMC chapter 23.88.
(Ord. 122407, § 1, 2007; Ord. 121196 § 31, 2003; Ord. 118472 § 9, 1997; Ord. 118414 § 64, 1996; Ord. 117263 § 73; Ord. 117203 § 9, 1994: Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)
23.90.008 Time to comply.
When calculating a reasonable time for compliance as required by Section 23.90.006, the Director shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The stated intent, if any, of a responsible party to take steps to comply;
3. The procedural requirements for obtaining a permit to carry out corrective action;
4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
5. Any other circumstances beyond the control of the responsible party.
(Ord. 122407, § 2, 2007; Ord. 117263 § 74, 1994; Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)
23.90.010 Stop Work Order.
Whenever a continuing violation of this Code will materially impair the Director's ability to secure compliance with this Code, or when the continuing violation threatens the health or safety of the public, the Director may issue a Stop Work Order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a Stop Work Order shall constitute a violation of this Land Use Code.
(Ord. 113978 § 5(part), 1988.)
23.90.012 Emergency Order.
Whenever any use or activity in violation of this Code threatens the health and safety of the occupants of the premises or any member of the public, the Director may issue an Emergency Order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The Emergency Order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an Emergency Order shall constitute a violation of this Land Use Code.
Any condition described in the Emergency Order which is not corrected within the time specified is hereby declared to be a public nuisance and the Director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law.
(Ord. 113978 § 5(part), 1988.)
23.90.014 Review by the Director.
A. Any person significantly affected by or interested in a notice of violation issued by the Director pursuant to Section 23.90.006 may obtain a review of the notice by requesting such review within ten (10) days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or federal or City holiday, the period shall run until five (5:00) p.m. on the next business day. The request shall be in writing, and upon receipt of the request, the Director shall notify any persons served the notice of violation and the complainant, if any, of the request for review and the deadline for submitting additional information for the review. Additional information shall be submitted to the Director no later than fifteen (15) days after the notice of a request for a review is mailed, unless otherwise agreed by all persons served with the notice of violation. Before the deadline for submission of additional information, any person significantly affected by or interested in the notice of violation (including any persons served the notice of violation and the complainant) may submit any additional information in the form of written material or oral comments to the Director for consideration as part of the review.
B. The review will be made by a representative of the Director who is familiar with the case and the applicable ordinances. The Director's representative will review all additional information received by the deadline for submission of additional information. The reviewer may also request clarification of information received and a site visit. After review of the additional information, the Director may:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Continue the review to a date certain for receipt of additional information; or
4. Modify the notice of violation, which may include an extension of the compliance date.
(Ord. 122407, § 3, 2007; Ord. 119702 § 1, 1999: Ord. 113978 § 5part), 1988.)
23.90.015 Order of the Director.
A. Where review by the Director has been conducted pursuant to Section 23.90.014, the Director shall issue an order of the Director containing the decision within fifteen (15) days of the date that the review is completed and shall cause the same to be mailed by regular first class mail to the person or persons named on the notice of violation and, if possible, mailed to the complainant.
B. Unless a request for review before the Director is made pursuant to Section 23.90.014, the notice of violation shall become the order of the Director.
C. Because civil actions to enforce Title 23 SMC are brought in Seattle Municipal Court pursuant to Section 23.90.018, orders of the Director issued under this chapter are not subject to judicial review pursuant to chapter 36.70C RCW.
(Ord. 122407, § 4, 2007.)
23.90.016 Extension of compliance date.
The Director may grant an extension of time for compliance with any notice or Order, whether pending or final, upon the Director's finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension.
An extension of time may be revoked by the Director if it is shown that the conditions at the time the extension was granted have changed, the Director determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. The procedures for revocation, notification of parties, and appeal of the revocation shall be established by Rule.
(Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)
23.90.018 Civil Enforcement Proceedings and Penalties
A. In addition to any other remedy authorized by law or equity, any person violating or failing to comply with any of the provisions of Title 23 shall be subject to a cumulative penalty of up to $150 per day for each violation from the date the violation begins for the first ten days of noncompliance; and up to $500 per day for each violation for each day beyond ten days of noncompliance until compliance is achieved, except as provided in subsection 23.90.018.B. In cases where the Director has issued a notice of violation, the violation will be deemed to begin for purposes of determining the number of days of violation on the date compliance is required by the notice of violation. In addition to the per diem penalty, a violation compliance inspection charge equal to the base fee set by Section 22.900B.010 shall be charged for the third inspection and all subsequent inspections until compliance is achieved. The compliance inspection charges shall be deposited in the General Fund.
B. Specific Violations.
1. Violations of Section 23.71.018 are subject to penalty in the amount specified in subsection 23.71.018.H.
2. Violations of the requirements of subsection 23.44.041.C are subject to a civil penalty of $5,000, which shall be in addition to any penalty imposed under subsection 23.90.018.A.
3. Violations of Section 23.49.011, 23.49.015 or 23.50.051 with respect to failure to demonstrate compliance with commitments to earn LEED Silver ratings under applicable sections are subject to penalty in amounts determined under Section 23.49.020, and not to any other penalty, but final determination and enforcement of penalties under that Section are subject to subsection 23.90.018.C.
4. Violations of Section 23.45.526 with respect to failure to demonstrate compliance with commitments to earn a LEED Silver rating or a 4-Star rating awarded by the Master Builders Association of King and Snohomish Counties or other eligible green building ratings systems under applicable sections are subject to penalty in amounts determined under this subsection 23.90.018.E, and not to any other penalty.
5. Violation of Section 23.40.007.B with respect to failure to demonstrate compliance with a waste diversion plan for a structure permitted to be demolished under subsection 23.40.006.C is subject to a penalty in an amount determined as follows:
P = SF x .02 x RDR,
where:
P is the penalty;
SF is the total square footage of the structure for which the demolition permit was issued; and
RDR is the refuse disposal rate, which is the per ton rate established in SMC Chapter 21.40, and in effect on the date the penalty accrues, for the deposit of refuse at City recycling and disposal stations by the largest class of vehicles.
6. Violations of Section 23.40.060.E.2 by failing to submit the report required by Section 23.40.060.E.2 by the date required is subject to a penalty of $500 per day from the date the report was due to the date it is submitted.
7. Violation of Section 23.40.060.E.1 by failing to demonstrate full compliance with the standards contained in Section 23.40.060.E.1 is subject to a maximum penalty of 5 percent of the construction value set forth in the building permit for the structure and a minimum penalty of 1 percent of construction value, based on the extent of compliance with standards contained in Section 23.40.060.E.1.
C. Civil actions to enforce Title 23 shall be brought exclusively in Seattle Municipal Court except as otherwise required by law or court rule. The Director shall request in writing that the City Attorney take enforcement action. The City Attorney shall, with the assistance of the Director, take appropriate action to enforce Title 23. In any civil action filed pursuant to this chapter, the City has the burden of proving by a preponderance of the evidence that a violation exists or existed. The issuance of the notice of violation or of an order following a review by the Director is not itself evidence that a violation exists.
D. Except in cases of violations of Section 23.45.526, 23.49.011, 23.49.015, or 23.50.051 with respect to failure to demonstrate compliance with commitments to earn LEED Silver, Built Green 4-Star, or ESDS ratings or satisfy alternative standards, the violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant.
E. Demonstration of green building certification pursuant to LEED Silver or Built Green 4-Star or ESDS ratings for certain development in multifamily zones.
1. Applicability. This section applies whenever a commitment to earn a LEED Silver rating, or a Built Green 4-Star or ESDS rating, or a substantially equivalent standard, as approved by the Director, is a condition of a permit in a multifamily zone.
2. Demonstration of Compliance; Penalties.
a. The applicant shall demonstrate to the Director the extent to which the applicant has complied with the commitment to meet the green building performance requirements no later than 90 days after issuance of final Certificate of Occupancy for the new structure, or such later date as may be allowed by the Director for good cause. Performance is demonstrated through an independent report from a third party.
1) For projects committed to achieve a LEED Silver rating, the report will be produced by the U.S. Green Building Council or another independent entity approved by the Director and submitted by the applicant to the Director.
2) For projects using the Built Green Multi-family Program the report will be produced by the Master Builders Association of King and Snohomish Counties or another independent entity approved by the Director and submitted by the applicant to the Director.
3) For projects using the ESDS, the report will be produced according to the process managed by the Housing Trust Fund Contract Manager for the State of Washington.
4) For purposes of this subsection 23.90.018.E, if the Director approves a commitment to achieve a substantially equivalent standard, the terms "LEED Silver rating", "Built Green 4-Star" or "ESDS" shall mean such other standard.
b. Failure to submit a timely report regarding the green building performance rating from an approved independent entity by the date required is a violation of the Land Use Code. The penalty for such violation shall be $500 per day from the date when the report was due to the date it is submitted, without any requirement of notice to the applicant.
c. Failure to demonstrate, through an independent report as provided in this subsection, full compliance with the applicant's commitment to meet a green building performance requirement, is a violation of the Land Use Code. Each day of noncompliance is a separate violation. The penalty for each violation is determined as follows:
P = CV x 0.01,
where:
P is the penalty;
CV is the Construction Value as set forth on the building permit for the new structure.
d. Failure to comply with the applicant's commitment to meet green building performance requirements is a violation of the Land Use Code independent of the failure to demonstrate compliance; however, such violation shall not affect the right to occupy any chargeable floor area, and if a penalty is paid in the amount determined under subsection 23.90.018.E.2, no additional penalty shall be imposed for the failure to comply with the commitment.
e. If the Director determines that the report submitted provides satisfactory evidence that the applicant's commitment is satisfied, the Director shall issue a certificate to the applicant so stating. If the Director determines that the applicant did not demonstrate compliance with its commitment to meet green building performance requirements in accordance with this Section 23.90.018, the Director may give notice of such determination, and of the calculation of the penalty due, to the applicant.
f. If, within 90 days, or such longer period as the Director may allow for good cause, after initial notice from the Director of a penalty due under this subsection, the applicant shall demonstrate, through a supplemental report from the independent entity that provided the initial report, that it has made sufficient alterations or improvements to earn the required green building performance rating, then the penalty owing shall be eliminated. If the applicant does not submit a supplemental report in accordance with this subsection by the date required under this subsection, or if the Director determines that the supplemental report does not demonstrate compliance, then the amount of the penalty as set forth in the Director's original notice shall be final, subject to subsection 23.90.018.C.
g. Any owner, other than the applicant, of any lot on which the bonus development or extra floor area was obtained or any part thereof, shall be jointly and severally responsible for compliance and liable for any penalty due under this subsection 23.90.018.E.
F. Use of Penalties. A subfund shall be established in the City's General Fund to receive revenue from penalties under subsections 23.90.018.B.3, 23.90.018.B.5 and 23.90.018.E. Revenue from penalties under that subsection shall be allocated to activities or incentives to encourage and promote the development of sustainable buildings. The Director shall recommend to the Mayor and City Council how these funds should be allocated.
(Ord. No. 123209, § 68, 2009; Ord. 123206, § 8, 2009; Ord. 123141, § 7, 2009; Ord. 122901, § 3, 2009; Ord. 122855, § 23, 2009; Ord. 122611, § 15, 2007; Ord. 122407, § 4, 2007; Ord. 122190, § 13, 2006; Ord. 122054 § 97, 2006; Ord. 120156 § 1, 2000: Ord. 116795 § 17, 1993: Ord. 113978 § 5(part), 1988: Ord. 113079 §§ 2(part), 6, 1986: Ord. 110381 § 1(part), 1982.)
23.90.019 Civil Penalty for Unauthorized Dwelling Units in Single-Family Zones
In addition to any other sanction or remedial procedure that may be available, the following penalty applies to unauthorized dwelling units in single-family zones in violation of Section 23.44.006. An owner of a single-family zoned lot that has more than one single-family dwelling unit is subject to a civil penalty of $5,000 for each additional dwelling unit, unless the additional unit is an authorized dwelling unit in compliance with Section 23.44.041, is a legal non-conforming use, or is approved as part of an administrative conditional use permit pursuant to Section 25.09.260. Penalties for violation of Sections 23.44.006 and 23.44.041 for an unauthorized detached accessory dwelling unit existing on January 1, 2009 will be waived if the owner occupancy requirement of Section 23.44.041.C has been met since January 1, 2010, an application for a building permit authorizing the detached accessory dwelling unit is filed with the Department of Planning and Development by June 30, 2010, and final inspection approval for the permit authorizing the detached accessory dwelling unit is obtained by December 31, 2010.
(Ord. 123141, § 8, 2009; Ord. 122407, § 6, 2007; Ord. 122190, § 14, 2006; Ord. 119617 § 4, 1999; Ord. 118472 § 10, 1997; Ord. 117789 § 13, 1995; Ord. 117203 § 10, 1994.)
23.90.020 Alternative criminal penalty
A. Any person who violates or fails to comply with any of the provisions of this Title 23 and who has had an Order of Judgment entered against them by a court of competent jurisdiction for violating Titles 22 or 23 within the past seven (7) years from the date the criminal charge is filed shall upon conviction be guilty of a gross misdemeanor subject to the provisions of Chapter 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation or failure to comply and none of the mental states described in Section 12A.04.030 need be proved. The Director may request that the City Attorney prosecute such violations criminally as an alternative to the civil procedure outlined in this chapter. Each day of noncompliance with any of the provisions of this Land Use Code shall constitute a separate offense.
B. A criminal penalty, not to exceed $5,000 per occurrence, may be imposed:
1. For violations of Section 23.90.002.D;
2. For any other violation of this Code for which corrective action is not possible, other than violations with respect to commitments to earn LEED Silver ratings, Built Green 4-Star ratings, or ESDS ratings or satisfy alternative standards under Sections 23.45.526, 23.49.011, 23.49.015, or 23.50.051; and
3. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this Code.
(Ord. No. 123209, § 69, 2009; Ord. 122611, § 16, 2007; Ord. 122407, § 7, 2007; Ord. 122054 § 98, 2006; Ord. 118414 § 65, 1996; Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)
23.90.025 Appeal to Superior Court.
Final decisions of the Seattle Municipal Court on enforcement actions authorized by this chapter may be appealed pursuant to the Rules for Appeal of Decisions of Courts of Limited Jurisdiction.
(Ord. 122407, § 8, 2007.)
Chapter 23.91 Sections:
23.91.002 Scope of Chapter 23.91
23.91.004 Citation.
23.91.006 Response to citations.
23.91.008 Failure to respond.
23.91.010 Mitigation hearings.
23.91.012 Contested hearing.
23.91.014 Failure to appear for hearing.
23.91.016 Penalties.
23.91.018 Alternative criminal penalty.
23.91.020 Abatement.
23.91.022 Collection of penalties.
23.91.024 Each day a separate violation.
23.91.026 Additional relief.
23.91.002 Scope of Chapter 23.91
A. Violations of the following provisions of Seattle Municipal Code Title 23 shall be enforced under the citation or criminal provisions set forth in this Chapter 23.91:
1. Junk storage in residential zones (Sections 23.44.006 and 23.44.040, and Chapter 23.45);
2. Construction or maintenance of structures in required yards or setbacks in residential zones (Sections 23.44.014 and 23.44.040, and Chapter 23.45);
3. Parking of vehicles in a single-family zone (Section 23.44.016);
4. Keeping of animals (Section 23.42.050); and
5. Home occupations (Section 23.42.052).
B. Any enforcement action or proceeding pursuant to this Chapter 23.91 shall not affect, limit or preclude any previous, pending or subsequent enforcement action or proceeding taken pursuant to Chapter 23.90.
(Ord. No. 123209, § 70, 2009; Ord. 122311, § 102, 2006; Ord. 119837 § 4, 2000: Ord. 119473 § 3, 1999.)
23.91.004 Citation.
A. Citation. If after investigation the Director determines that the standards or requirements of provisions referenced in Section 23.91.002 have been violated, the Director may issue a citation to the owner and/or other person or entity responsible for the violation. The citation shall include the following information: (1) the name and address of the person to whom the citation is issued; (2) a reasonable description of the location of the property on which the violation occurred; (3) a separate statement of each standard or requirement violated; (4) the date of the violation; (5) a statement that the person cited must respond to the citation within eighteen (18) days after service; (6) a space for entry of the applicable penalty; (7) a statement that a response must be sent to the Hearing Examiner and received not later than five (5:00) p.m. on the day the response is due; (8) the name, address and phone number of the Hearing Examiner where the citation is to be filed; (9) a statement that the citation represents a determination that a violation has been committed by the person named in the citation and that the determination shall be final unless contested as provided in this chapter; and (10) a certified statement of the inspector issuing the citation, authorized by RCW 9A72.085, setting forth facts supporting issuance of the citation.
B. Service. The citation may be served by personal service in the manner set forth in RCW 4.28.080 for service of a summons or sent by first class mail, addressed to the last known address of such person(s). Service shall be complete at the time of personal service, or if mailed, on the date of mailing. If a citation sent by first class mail is returned as undeliverable, service may be made by posting the citation at a conspicuous place on the property.
(Ord. 119896 § 5, 2000: Ord. 119473 § 4, 1999.)
23.91.006 Response to citations.
A. A person must respond to a citation in one (1) of the following ways:
1. Paying the amount of the monetary penalty specified in the citation, in which case the record shall show a finding that the person cited committed the violation; or
2. Requesting in writing a mitigation hearing to explain the circumstances surrounding the commission of the violation and providing a mailing address to which notice of such hearing may be sent; or
3. Requesting a contested hearing in writing specifying the reason why the cited violation did not occur or why the person cited is not responsible for the violation, and providing a mailing address to which notice of such hearing may be sent.
B. A response to a citation must be received by the Office of the Hearing Examiner no later than fifteen (15) days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until five (5:00) p.m. on the next business day.
(Ord. 122407, § 9, 2007; Ord. 119896 § 6, 2000: Ord. 119473 § 5, 1999.)
23.91.008 Failure to respond.
If a person fails to respond to a citation within fifteen (15) days of service, an order shall be entered by the Hearing Examiner finding that the person cited committed the violation stated in the citation, and assessing the penalty specified in the citation.
(Ord. 119473 § 6, 1999.)
23.91.010 Mitigation hearings.
A. Date and Notice. If a person requests a mitigation hearing, the mitigation hearing shall be held within thirty (30) days after written response to the citation requesting such hearing is received by the Hearing Examiner. Notice of the time, place, and date of the hearing will be sent by first class mail to the address provided in the request for hearing not less than ten (10) days prior to the date of the hearing.
B. Procedure at Hearing. The Hearing Examiner shall hold an informal hearing which shall not be governed by the Rules of Evidence. The person cited may present witnesses, but witnesses may not be compelled to attend. A representative from DPD may also be present and may present additional information, but attendance by a representative from DPD is not required.
C. Disposition. The Hearing Examiner shall determine whether the person's explanation justifies reduction of the monetary penalty; however, the monetary penalty may not be reduced unless DPD affirms or certifies that the violation has been corrected prior to the mitigation hearing. Factors that may be considered in whether to reduce the penalty include whether the violation was caused by the act, neglect, or abuse of another; or whether correction of the violation was commenced promptly prior to citation but that full compliance was prevented by a condition or circumstance beyond the control of the person cited.
(Ord. 121477 § 66, 2004; Ord. 119896 § 7, 2000: Ord. 119473 § 7, 1999.)
23.91.012 Contested hearing.
A. Date and Notice. If a person requests a contested hearing, the hearing shall be held within sixty (60) days after the written response to the citation requesting such hearing is received.
B. Hearing. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases, except as modified by this section. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation and that are within the jurisdiction of the Hearing Examiner. The Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents.
C. Sufficiency. No citation shall be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation which the person cited is alleged to have committed or by reason of defects or imperfections, provided such lack of detail, or defects or imperfections do not prejudice substantial rights of the person cited.
D. Amendment of Citation. A citation may be amended prior to the conclusion of the hearing to conform to the evidence presented if substantial rights of the person cited are not thereby prejudiced.
E. Evidence at Hearing.
1. The certified statement or declaration authorized by RCW 9A.72.085 submitted by an inspector shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration of the inspector authorized under RCW 9A.72.085 and any other evidence accompanying the report shall be admissible without further evidentiary foundation.
2. Any certifications or declarations authorized under RCW 9A.72.085 shall also be admissible without further evidentiary foundation. The person cited may rebut the DPD evidence and establish that the cited violation(s) did not occur or that the person contesting the citation is not responsible for the violation.
F. Disposition. If the citation is sustained at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation. If the violation remains uncorrected, the Hearing Examiner shall impose the applicable penalty. The Hearing Examiner may reduce the monetary penalty in accordance with the mitigation provisions in Section 23.91.010 if the violation has been corrected. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation.
G. Appeal. The Hearing Examiner's decision is the final decision of the City. Any judicial review must be commenced within twenty-one (21) days of issuance of the Hearing Examiner's decision in accordance with RCW 36.70C.040.
(Ord. 122407, § 10, 2007; Ord. 121477 § 67, 2004; Ord. 119896 § 8, 2000: Ord. 119473 § 8, 1999.)
23.91.014 Failure to appear for hearing.
Failure to appear for a requested hearing will result in an order being entered finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear.
(Ord. 119473 § 9, 1999.)
23.91.016 Penalties.
A. First Violation. The first time that a person or entity is found to have violated one of the provisions referenced in Section 23.91.002. after the effective date of the ordinance codified in this chapter,1 the person or entity shall be subject to a penalty of One Hundred Fifty Dollars ($150).
B. Second and Subsequent Violations Any subsequent time that a person or entity is found to have violated one of the provisions referenced in Section 23.91.002 within a five (5) year period after the first violation, the person or entity shall be subject to a penalty of Five Hundred Dollars ($500) for each such violation.
C. In addition to the penalties imposed under paragraphs A or B of this section, a violation compliance inspection charge equal to the base fee set by Section 22.900B.010 shall be charged for the third inspection and all subsequent inspections until compliance is achieved. The compliance inspection charges shall be deposited in the General Fund.
(Ord. 122855, § 24, 2009; Ord. 119473 § 10, 1999.)
1. Editor's Note: Ordinance 119473, which enacted Chapter 23.91, is effective on July 16, 1999.
23.91.018 Alternative criminal penalty.
Any person who violates or fails to comply with any of the provisions referenced in Section 23.91.002 shall be guilty of a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation or failure to comply and none of the mental states described in Section 12A.04.030 need be proved. The Director may request the City Attorney to prosecute such violations criminally as an alternative to the citation procedure outlined in this chapter.
(Ord. 119473 § 11, 1999.)
23.91.020 Abatement.
Any property on which there continues to be a violation of any of the provisions referenced in Section 23.91.002 after enforcement action taken pursuant to this chapter is hereby declared a nuisance and subject to abatement by the City in the manner authorized by law.
(Ord. 119473 § 12, 1999.)
23.91.022 Collection of penalties.
If the person cited fails to pay a penalty imposed pursuant to this chapter, the penalty may be referred to a collection agency. The cost to the city for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the penalty. Alternatively, the City may pursue collection in any other manner allowed by law.
(Ord. 119473 § 13, 1999.)
23.91.024 Each day a separate violation.
Each day a person or entity violates or fails to comply with a provision referenced in Section 23.91.002 may be considered a separate violation for which a citation may be issued.
TYPE I Director's Decision (No Administrative Appeal) TYPE II Director's Decision (Appealable to Hearing Examiner*) TYPE III Hearing Examiner's Decision (No Administrative Appeal) • Compliance with development standards • Temporary uses, more than four weeks, except for temporary relocation of police and fire stations • Subdivisions (preliminary plats) • Uses permitted outright • Variances • Temporary uses, four weeks or less • Administrative conditional uses • Intermittent uses • Certain street uses • Lot boundary adjustments • Short subdivisions • Modifications of features bonused under Title 24 • Special Exceptions • Determinations of significance (EIS required) except for determinations of significance based solely on historic and cultural preservation • Design review • Temporary uses for relocation of police and fire stations • Light rail transit facilities • Exemptions from right-of-way improvement requirements • The following environmental determinations: • Special accommodation 1. Determination of nonsignificance (EIS not required) • Reasonable accommodation 2. Determination of final EIS adequacy • Minor amendment to a Major Phased Development Permit 3. Determinations of significance based solely on historic and cultural preservation • Determination of public benefit for combined lot FAR 4. A decision by the Director to approve, condition or deny a project based on SEPA Policies • Determination of whether an amendment to a property use and Development Agreement is major or minor • Other Type I decisions that are identified as such in the Land Use Code 5. A decision by the Director that a project is consistent with a Planned Action Ordinance and EIS (no threshold determination or EIS required) • Major Phased Development • Downtown Planned Community Developments
TYPE IV (Quasi-Judicial) TYPE V (Legislative) • Amendments to the Official Land Use Map (rezones), except area-wide amendments, and adjustments pursuant to Section 23.69.023 • Land Use Code text amendments • Public project approvals • Area-wide amendments to the Official Land Use Map • Major Institution master plans, including major amendments and renewal of a master plan's development plan component • Concept approval for City facilities • Major amendments to Property Use and Development agreements • Major Institution designations • Council conditional uses • Waiver or modification of development standards for City facilities • Planned Action Ordinance
Master Use Permits
Council Land Use Decisions
ESTABLISHMENT OF CRITERIA FOR JOINT USE OR REUSE OF SCHOOLS
ESTABLISHMENT OF DEVELOPMENT STANDARD DEPARTURE FOR PUBLIC SCHOOLS
ESSENTIAL PUBLIC FACILITIES
General Terms
DEFINITIONS
MEASUREMENTS
Green Factor Landscape Elements Multiplier A. Planted Areas (choose one of the following for each planting area) 1. Planted areas with a soil depth of less than 24 inches 0.1 2. Planted areas with a soil depth of 24 inches or more: 0.6 3. Bioretention facilities meeting standards of the Stormwater Code, Title 22 Subtitle VIII of the Seattle Municipal Code 1.0 B. Plants 1. Mulch, ground covers or other plants normally expected to be less than 2 feet tall at maturity. 0.1 2. Large shrubs or other perennials at least 2 feet tall at maturity 0.3 3. Small trees 0.3 4. Small/medium trees 0.3 5. Medium/large trees 0.4 6. Large trees 0.4 7. Preservation of existing large trees at least 6 inches in diameter at breast height 0.8 C. Green roofs 1. Planted over at least 2 inches but less than 4 inches of growth medium 0.4 2. Planted over at least 4 inches of growth medium 0.7 D. Vegetated walls 0.7 E. Water features using harvested rainwater and under water at least six months per year 0.7 F. Permeable paving 1. Installed over at least 6 inches and less than 24 inches of soil and/or gravel 0.2 2. Installed over at least 24 inches of soil and/or gravel 0.5 G. Structural soil 0.2 H. Bonuses applied to Green Factor landscape elements: 1. Landscaping that consists entirely of drought- tolerant or native plant species 0.1 2. Landscaping that receives at least 50 percent of its irrigation through the use of harvested rainwater 0.2 3. Landscaping visible from adjacent rights-of-way or public open space 0.1 4. Landscaping in food cultivation 0.1
Landscape Elements Equivalent Square Feet Large shrubs or large perennials 16 square feet per plant Small trees 50 square feet per tree Small/medium trees 100 square feet per tree Medium/large trees 150 square feet per tree Large trees 200 square feet per tree Existing large trees 15 square feet per inch of trunk diameter 4.5 feet above grade
Implementation
RULES; INTERPRETATION
ENFORCEMENT OF THE LAND USE CODE
CITATION– HEARINGS– PENALTIES