Subtitle III.
Land Use Regulations

Division 1
Land Use Zones

Chapter 23.30
ZONE DESIGNATIONS ESTABLISHED

Sections:

23.30.010 Classifications for the purpose of this subtitle

23.30.020 Zone boundaries.

23.30.030 Property not specifically zoned.

23.30.010 Classifications for the purpose of this subtitle

All land within the City shall be classified as being within one zoning designation.

A. General zoning designations. The zoning classification of land shall include one of the designations in this subsection 23.30.010.A. Only in the case of land designated "RC" the classification shall include both "RC" and one additional multifamily zone designation in this subsection 23.30.010.A.
ZonesAbbreviated
Residential, Single-family 9,600SF 9600
Residential, Single-family 7,200SF 7200
Residential, Single-family 5,000SF 5000
Residential Small LotRSL
Residential, Multifamily, Lowrise 1LR1
Residential, Multifamily, Lowrise 2LR2
Residential, Multifamily, Lowrise 3LR3
Residential, Multifamily, MidriseMR
Residential, Multifamily, HighriseHR
Residential-CommercialRC
Neighborhood Commercial 1NC1
Neighborhood Commercial 2NC2
Neighborhood Commercial 3NC3
Seattle MixedSM
Commercial 1C1
Commercial 2C2
Downtown Office Core 1DOC1
Downtown Office Core 2DOC2
Downtown Retail CoreDRC
Downtown Mixed CommercialDMC
Downtown Mixed ResidentialDMR
Pioneer Square MixedPSM
International District MixedIDM
International District ResidentialIDR
Downtown Harborfront 1DH1
Downtown Harborfront 2DH2
Pike Market MixedPMM
General Industrial 1IG1
General Industrial 2IG2
Industrial BufferIB
Industrial CommercialIC

B. Suffixes– Height Limits and Letters. The zoning classification for land subject to some of the designations in subsection A of this section may include one (1) or more numerical suffixes indicating height limit(s) or a range of height limits, or one or more letter suffixes, or both. A letter suffix may be included only in accordance with provisions of this title expressly providing for the addition of the suffix. A zoning classification that includes a numerical or letter suffix or both denotes a different zone than a zoning classification without any suffix or with additional, fewer or different suffixes. Except where otherwise specifically stated in this title or where the context otherwise clearly requires, each reference in this title to any zoning designation in subsection A of this section without a suffix, or with fewer than the maximum possible number of suffixes, includes any zoning classifications created by the addition to that designation of one or more suffixes.

(Ord. 123495, § 4, 2011; Ord. 122311, § 5, 2006; Ord. 121782 § 1, 2005; Ord. 118302 § 2, 1996: Ord. 117430 § 4, 1994: Ord. 115002 § 3, 1990: Ord. 114888 § 1, 1989: Ord. 114887 § 1, 1989: Ord. 114196 § 1, 1988: Ord. 113658 § 1, 1987: Ord. 112777 § 1, 1986: Ord. 112519 § 2, 1985: Ord. 112134 § 4, 1985: Ord. 11110 § 2, 1983: Ord. 110793 § 1, 1982: Ord. 110570 § 5, 1982: Ord. 110381 § 1(part), 1982.)

23.30.020 Zone boundaries.1

Unless the location of zone boundary lines is expressly established by reference to established lines, points or features on the Official Land Use Map, the zone boundary lines are the centerlines of streets, including freeways, expressways and parkways, public alleys, waterways or railroad rights-of-way, or in the case of navigable water, the pierhead or outer harbor lines, or in the case of Lake Union, the "Seattle Construction Limit Line" as established by Section 23.60.014. Where the pierhead, outer harbor lines or construction limit lines are not established, then the zone boundary lines shall be on the water side of the natural shoreline and five hundred feet (500'), measured at right angles, from the shoreline. If the exact location of a zone boundary line cannot be determined otherwise, then its location shall be determined by measuring to scale on the Official Land Use Map.

(Ord. 117570 § 8, 1995: Ord. 110381 § 1(part), 1982.)

1. Editor's Note: Ord. 110381 erroneously numbered this section "23.30.06." It has been editorially corrected to reflect legislative intent.

23.30.030 Property not specifically zoned.

In every case where property has not been specifically included within a zone on the Official Land Use Map the property is declared to be in the SF 9600 Zone. This provision shall apply to any property included in areas annexed to the City after the effective date of this provision unless the area is zoned at the time of annexation.

(Ord. 110381 § 1 (part), 1982.)

Chapter 23.32
LAND USE MAPS1

Sections:

23.32.006 Underlying zones established.

23.32.010 Overlay districts established.

23.32.016 Official Land Use Map.

1. Editor's Note: The Land Use Maps are set out at the end of this title.

23.32.006 Underlying zones established.

The zone classifications established in Section 23.30.010 and their boundaries within the City are established as shown on the series of maps, marked Exhibit "A" to the ordinance from which this section derives.

(Ord. 117570 § 9, 1995: Ord. 110381 § 1(part), 1982.)

23.32.010 Overlay districts established.

The overlay districts regulated in Part 3 of this subtitle are also established on the maps identified as Exhibit "A" to the ordinance from which this section derives.

(Ord. 110381 § 1(part), 1982.)

23.32.016 Official Land Use Map.

The Official Land Use Map of The City of Seattle, Exhibit A of Ordinance 110381, is by this reference made a part of this subtitle and may hereafter be amended.

(Ord. 120611 § 3, 2001: Ord. 110381 § 1(part), 1982.)

Chapter 23.34
AMENDMENTS TO OFFICIAL LAND USE MAP (REZONES)

Sections:

Subchapter I Procedure

23.34.002 Standard rezone procedures.

23.34.004 Contract rezones.

Subchapter II Rezone Criteria

23.34.007 Rezone evaluation.

23.34.008 General rezone criteria.

23.34.009 Height limits of the proposed rezone.

23.34.010 Designation of single-family zones

23.34.011 Single-family zones, function and locational criteria.

23.34.012 Residential Small Lot (RSL) zone, function and locational criteria.

23.34.013 Designation of multifamily zones

23.34.014 Lowrise 1 (LR1) zone, function and locational criteria

23.34.018 Lowrise 2 (LR2) zone, function and locational criteria

23.34.020 Lowrise 3 (LR3) zone, function and locational criteria

23.34.024 Midrise (MR) zone, function and locational criteria.

23.34.026 Midrise/85( (MR/85() zone, function and locational criteria.

23.34.028 Highrise (HR) zone, function and locational criteria.

23.34.046– 23.34.056 Reserved by 110381.

23.34.070 Residential-Commercial (RC) zone, function and locational criteria.

23.34.072 Designation of commercial zones.

23.34.074 Neighborhood Commercial 1 (NC1) zones, function and locational criteria.

23.34.076 Neighborhood Commercial 2 (NC2) zones, function and locational criteria.

23.34.078 Neighborhood Commercial 3 (NC3) zones, function and locational criteria.

23.34.080 Commercial 1 (C1) zones, function and locational criteria.

23.34.082 Commercial 2 (C2) zones, function and locational criteria.

23.34.086 Pedestrian designation (suffix P), function and location criteria.

23.34.088 Locational criteria– Pedestrian District 2 (P2) overlay.

23.34.089 Locational criteria– Station Area Overlay District.

23.34.090 Designation of industrial zones.

23.34.092 General Industrial 1 (IG1) zone, function and locational criteria.

23.34.093 General Industrial 2 (IG2) zone, function and locational criteria.

23.34.094 Industrial Buffer (IB) zone, function and locational criteria.

23.34.096 Location criteria– Industrial Commercial (IC) zone.

23.34.100 Designation of Downtown zones.

23.34.102 Downtown Office Core-1 (DOC-1) zone, function and locational criteria.

23.34.104 Downtown Office Core-2 (DOC-2) zone, function and locational criteria.

23.34.106 Downtown Retail Core (DRC) zone, function and locational criteria.

23.34.108 Downtown Mixed Commercial (DMC) zone, function and locational criteria

23.34.110 Downtown Mixed Residential (DMR) zone, function and locational criteria

23.34.112 Pioneer Square Mixed (PSM) zone, locational criteria.

23.34.114 International District Mixed (IDM) zone, locational criteria

23.34.116 International District Residential (IDR) zone, locational criteria

23.34.118 Downtown Harborfront-1 (DH-1) zone, locational criteria.

23.34.120 Downtown Harborfront-2 (DH-2), function and locational criteria.

23.34.122 Pike Market Mixed (PMM) zone, locational criteria.

23.34.124 Designation of Major Institution Overlay (MIO) districts.

23.34.126 Designation of the Seattle Mixed (SM) zone.

23.34.128 Seattle Mixed (SM) zone, function and locational criteria.

Subchapter I
Procedure

23.34.002 Standard rezone procedures.

Procedures for amending the Official Land Use Map, including overlay districts and shoreline environment classifications, shall be as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

(Ord. 112522 § 6(part), 1985.)

23.34.004 Contract rezones.

A. Property Use and Development Agreement (PUDA). The Council may approve a map amendment subject to the execution, delivery and recording of an agreement executed by the legal or beneficial owner of the property to be rezoned to self-imposed restrictions upon the use and development of the property in order to ameliorate adverse impacts that could occur from unrestricted use and development permitted by development regulations otherwise applicable after the rezone. All restrictions shall be directly related to the impacts that may be expected to result from the amendment. A rezone shall be conditioned on performance or compliance with the terms and conditions of the property use and development agreement. Council may revoke a contract rezone or take other appropriate action allowed by law for failure to comply with a PUDA. The agreement shall be approved as to form by the City Attorney, and shall not be construed as a relinquishment by the City of its discretionary powers.

B. Waiver of Certain Requirements. The ordinance accepting the agreement may waive specific bulk or off-street parking and loading requirements if the Council determines that the waivers are necessary under the agreement to achieve a better development than would otherwise result from the application of regulations of the zone. No waiver of requirements shall be granted which would be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

(Ord. 122497, § 2, 2007; Ord. 112522 § 6(part), 1985: Ord. 110381 § 1(part), 1982.)

Subchapter II
Rezone Criteria

23.34.007 Rezone evaluation.

A. The provisions of this chapter apply to all rezones except correction of mapping errors. In evaluating proposed rezones, the provisions of this chapter shall be weighed and balanced together to determine which zone or height designation best meets those provisions. In addition, the zone function statements, which describe the intended function of each zone designation, shall be used to assess the likelihood that the area proposed to be rezoned would function as intended.

B. No single criterion or group of criteria shall be applied as an absolute requirement or test of the appropriateness of a zone designation, nor is there a hierarchy or priority of rezone considerations, unless a provision indicates the intent to constitute a requirement or sole criterion.

C. Compliance with the provisions of this chapter shall constitute consistency with the Comprehensive Plan for the purpose of reviewing proposed rezones, except that Comprehensive Plan Shoreline Area Objectives shall be used in shoreline environment redesignations as provided in SMC Subsection 23.60.060 B3.

D. Provisions of this chapter that pertain to areas inside of urban centers or villages shall be effective only when a boundary for the subject center or village has been established in the Comprehensive Plan. Provisions of this chapter that pertain to areas outside of urban villages or outside of urban centers shall apply to all areas that are not within an adopted urban village or urban center boundary.

E. The procedures and locational criteria for shoreline environment redesignations are located in Sections 23.60.060 and 23.60.220, respectively.

F. Mapping errors due to cartographic or clerical mistakes may be corrected through process required for Type V Council land use decisions in SMC Chapter 23.76 and do not require the evaluation contemplated by the provisions of this chapter.

(Ord. 122311, § 6, 2006; Ord. 120609 § 2, 2001; Ord. 118408 § 2, 1996; Ord. 117430 § 5, 1994.)

23.34.008 General rezone criteria.

A. To be approved a rezone shall meet the following standards:

1. In urban centers and urban villages the zoned capacity for the center or village taken as a whole shall be no less than one hundred twenty-five percent (125%) of the growth targets adopted in the Comprehensive Plan for that center or village.

2. For the area within the urban village boundary of hub urban villages and for residential urban villages taken as a whole the zoned capacity shall not be less than the densities established in the Urban Village Element of the Comprehensive Plan.

B. Match Between Zone Criteria and Area Characteristics. The most appropriate zone designation shall be that for which the provisions for designation of the zone type and the locational criteria for the specific zone match the characteristics of the area to be rezoned better than any other zone designation.

C. Zoning History and Precedential Effect. Previous and potential zoning changes both in and around the area proposed for rezone shall be examined.

D. Neighborhood Plans.

1. For the purposes of this title, the effect of a neighborhood plan, adopted or amended by the City Council after January 1, 1995, shall be as expressly established by the City Council for each such neighborhood plan.

2. Council adopted neighborhood plans that apply to the area proposed for rezone shall be taken into consideration.

3. Where a neighborhood plan adopted or amended by the City Council after January 1, 1995 establishes policies expressly adopted for the purpose of guiding future rezones, but does not provide for rezones of particular sites or areas, rezones shall be in conformance with the rezone policies of such neighborhood plan.

4. If it is intended that rezones of particular sites or areas identified in a Council adopted neighborhood plan are to be required, then the rezones shall be approved simultaneously with the approval of the pertinent parts of the neighborhood plan.

E. Zoning Principles. The following zoning principles shall be considered:

1. The impact of more intensive zones on less intensive zones or industrial and commercial zones on other zones shall be minimized by the use of transitions or buffers, if possible. A gradual transition between zoning categories, including height limits, is preferred.

2. Physical buffers may provide an effective separation between different uses and intensities of development. The following elements may be considered as buffers:

a. Natural features such as topographic breaks, lakes, rivers, streams, ravines and shorelines;

b. Freeways, expressways, other major traffic arterials, and railroad tracks;

c. Distinct change in street layout and block orientation;

d. Open space and greenspaces.

3. Zone Boundaries.

a. In establishing boundaries the following elements shall be considered:

(1) Physical buffers as described in subsection E2 above;

(2) Platted lot lines.

b. Boundaries between commercial and residential areas shall generally be established so that commercial uses face each other across the street on which they are located, and face away from adjacent residential areas. An exception may be made when physical buffers can provide a more effective separation between uses.

4. In general, height limits greater than forty (40) feet should be limited to urban villages. Height limits greater than forty (40) feet may be considered outside of urban villages where higher height limits would be consistent with an adopted neighborhood plan, a major institution's adopted master plan, or where the designation would be consistent with the existing built character of the area.

F. Impact Evaluation. The evaluation of a proposed rezone shall consider the possible negative and positive impacts on the area proposed for rezone and its surroundings.

1. Factors to be examined include, but are not limited to, the following:

a. Housing, particularly low-income housing;

b. Public services;

c. Environmental factors, such as noise, air and water quality, terrestrial and aquatic flora and fauna, glare, odor, shadows, and energy conservation;

d. Pedestrian safety;

e. Manufacturing activity;

f. Employment activity;

g. Character of areas recognized for architectural or historic value;

h. Shoreline view, public access and recreation.

2. Service Capacities. Development which can reasonably be anticipated based on the proposed development potential shall not exceed the service capacities which can reasonably be anticipated in the area, including:

a. Street access to the area;

b. Street capacity in the area;

c. Transit service;

d. Parking capacity;

e. Utility and sewer capacity;

f. Shoreline navigation.

G. Changed Circumstances. Evidence of changed circumstances shall be taken into consideration in reviewing proposed rezones, but is not required to demonstrate the appropriateness of a proposed rezone. Consideration of changed circumstances shall be limited to elements or conditions included in the criteria for the relevant zone and/or overlay designations in this chapter.

H. Overlay Districts. If the area is located in an overlay district, the purpose and boundaries of the overlay district shall be considered.

I. Critical Areas. If the area is located in or adjacent to a critical area (SMC Chapter 25.09), the effect of the rezone on the critical area shall be considered.

(Ord. 121700 § 3, 2004; Ord. 120691 §§ 3, 5, 2001; Ord. 120609 § 3, 2001; Ord. 118408 § 3, 1996; Ord. 117929 § 6, 1995; Ord. 117430 § 6, 1994: Ord. 114725 § 1, 1989; Ord. 113079 § 2(part), 1986; Ord. 112522 § 6(part), 1985; Ord. 110381 § 1(part), 1982.)

23.34.009 Height limits of the proposed rezone.

Where a decision to designate height limits in commercial or industrial zones is independent of the designation of a specific zone, in addition to the general rezone criteria of Section 23.34.008, the following shall apply:

A. Function of the Zone. Height limits shall be consistent with the type and scale of development intended for each zone classification. The demand for permitted goods and services and the potential for displacement of preferred uses shall be considered.

B. Topography of the Area and its Surroundings. Height limits shall reinforce the natural topography of the area and its surroundings, and the likelihood of view blockage shall be considered.

C. Height and Scale of the Area.

1. The height limits established by current zoning in the area shall be given consideration.

2. In general, permitted height limits shall be compatible with the predominant height and scale of existing development, particularly where existing develpment is a good measure of the area's overall development potential.

D. Compatibility with Surrounding Area.

1. Height limits for an area shall be compatible with actual and zoned heights in surrounding areas excluding buildings developed under Major Institution height limits; height limits permitted by the underlying zone, rather than heights permitted by the Major Institution designation, shall be used for the rezone analysis.

2. A gradual transition in height and scale and level of activity between zones shall be provided unless major physical buffers, as described in Subsection 23.34.008 D2, are present.

E. Neighborhood Plans.

1. Particular attention shall be given to height recommendations in business district plans or neighborhood plans adopted by the City Council subsequent to the adoption of the 1985 Land Use Map.

2. Neighborhood plans adopted or amended by the City Council after January 1, 1995 may require height limits different than those that would otherwise be established pursuant to the provisions of this section and Section 23.34.008.

(Ord. 121476 § 3, 2004; Ord. 117430 § 7, 1994.)

23.34.010 Designation of single-family zones

A. Except as provided in subsections B or C of Section 23.34.010, single-family zoned areas may be rezoned to zones more intense than Single-family 5000 only if the City Council determines that the area does not meet the criteria for single-family designation.

B. Areas zoned single-family or RSL that meet the criteria for single-family zoning contained in subsection B of Section 23.34.011 and that are located within the adopted boundaries of an urban village may be rezoned to zones more intense than Single-family 5000 if all of the following conditions are met:

1. A neighborhood plan has designated the area as appropriate for the zone designation, including specification of the RSL/T, RSL/C, or RSL/TC suffix, if applicable;

2. The rezone is:

a. To a Residential Small Lot (RSL), Residential Small Lot-Tandem (RSL/T), Residential Small Lot-Cottage (RSL/C), Residential Small Lot-Tandem/Cottage (RSL/TC), Lowrise 1 (LR1), Lowrise 1/Residential-Commercial (LR1/RC), or

b. Within the areas identified on Map P-1 of the adopted North Beacon Hill Neighborhood Plan, and the rezone is to any Lowrise zone, or to an NC1 zone or NC2 zone with a 30 foot or 40 foot height limit, or

c. Within the residential urban village west of Martin Luther King Junior Way South in the adopted Rainier Beach Neighborhood Plan, and the rezone is to a Lowrise 1 (LR1) or Lowrise 2 (LR2) zone.

C. Areas zoned single-family within the Northgate Overlay District, established pursuant to Chapter 23.71, that consist of one or more lots and meet the criteria for single-family zoning contained in subsection B of Section 23.34.011 may be rezoned through a contract rezone to a neighborhood commercial zone if the rezone is limited to blocks (defined for the purpose of this subsection C as areas bounded by street lot lines) in which more than 80 percent of that block is already designated as a neighborhood commercial zone.

(Ord. 123495, § 5, 2011; Ord. 123046, § 3, 2009; Ord. 122575, § 1, 2007; Ord. 122311, § 7, 2006; Ord. 121700 § 4, 2004; Ord. 120117 § 4, 2000; Ord. 119796 § 1, 1999: Ord. 119724 § 1, 1999; Ord. 117430 § 8, 1994: Ord. 112522 § 6(part), 1985; Ord. 110381 § 1(part), 1982.)

23.34.011 Single-family zones, function and locational criteria.

A. Function. An area that provides predominantly detached single-family structures on lot sizes compatible with the existing pattern of development and the character of single-family neighborhoods.

B. Locational Criteria. A single-family zone designation is most appropriate in areas meeting the following criteria:

1. Areas that consist of blocks with at least seventy (70) percent of the existing structures, not including detached accessory dwelling units, in single-family residential use; or

2. Areas that are designated by an adopted neighborhood plan as appropriate for single-family residential use; or

3. Areas that consist of blocks with less than seventy (70) percent of the existing structures, not including detached accessory dwelling units, in single-family residential use but in which an increasing trend toward single-family residential use can be demonstrated; for example:

a. The construction of single-family structures, not including detached accessory dwelling units, in the last five (5) years has been increasing proportionately to the total number of constructions for new uses in the area, or

b. The area shows an increasing number of improvements and rehabilitation efforts to single-family structures, not including detached accessory dwelling units, or

c. The number of existing single-family structures, not including detached accessory dwelling units, has been very stable or increasing in the last five (5) years, or

d. The area's location is topographically and environmentally suitable for single-family residential developments.

C. An area that meets at least one (1) of the locational criteria in subsection B above should also satisfy the following size criteria in order to be designated as a single-family zone:

1. The area proposed for rezone should comprise fifteen (15) contiguous acres or more, or should abut an existing single-family zone.

2. If the area proposed for rezone contains less than fifteen (15) contiguous acres, and does not abut an existing single-family zone, then it should demonstrate strong or stable single-family residential use trends or potentials such as:

a. That the construction of single-family structures, not including detached accessory dwelling units, in the last five (5) years has been increasing proportionately to the total number of constructions for new uses in the area, or

b. That the number of existing single-family structures, not including detached accessory dwelling units, has been very stable or increasing in the last five (5) years, or

c. That the area's location is topographically and environmentally suitable for single-family structures, or

d. That the area shows an increasing number of improvements or rehabilitation efforts to single-family structures, not including detached accessory dwelling units.

D. Half-blocks at the edges of single-family zones which have more than fifty (50) percent single-family structures, not including detached accessory dwelling units, or portions of blocks on an arterial which have a majority of single-family structures, not including detached accessory dwelling units, shall generally be included. This shall be decided on a case-by-case basis, but the policy is to favor including them.

(Ord. 122190, § 3, 2006; Ord. 117430 § 9, 1994: Ord. 112522 § 6(part), 1985; Ord. 110381 § 1(part), 1982.)

23.34.012 Residential Small Lot (RSL) zone, function and locational criteria.

A. Function. An area within an urban village that provides for the development of homes on small lots that may be appropriate and affordable to households with children and other households which might otherwise choose existing detached houses on larger lots.

B. Locational Criteria. An RSL zone shall be appropriate only under circumstances as provided in Section 23.34.010 B.

(Ord. 117430 § 10, 1994.)

23.34.013 Designation of multifamily zones

An area zoned single-family that meets the criteria of Section 23.34.011 for single-family designation may not be rezoned to multifamily except as otherwise provided in Section 23.34.010.B.

(Ord. 123495, § 6, 2011; Ord. 117430 § 11(part), 1994: Ord. 116795 § 3, 1993: Ord. 114886 § 2, 1989.)

23.34.014 Lowrise 1 (LR1) zone, function and locational criteria

A. Function. The function of the LR1 zone is to provide opportunities for low-density multifamily housing, primarily rowhouse and townhouse developments, through infill development that is compatible with single-family dwelling units, or through the conversion of existing single-family dwelling units to duplexes or triplexes.

B. Locational Criteria. The LR1 zone is most appropriate in areas generally characterized by the following conditions:

1. The area is similar in character to single-family zones;

2. The area is either:

a. located outside of an urban center, urban village, or Station Area Overlay District;

b. a limited area within an urban center, urban village, or Station Area Overlay District that would provide opportunities for a diversity of housing types within these denser environments; or

c. located on a collector or minor arterial;

3. The area is characterized by a mix of single-family dwelling units, multifamily structures that are similar in scale to single-family dwelling units, such as rowhouse and townhouse developments, and single-family dwelling units that have been converted to multifamily residential use or are well-suited to conversion;

4. The area is characterized by local access and circulation that can accommodate low density multifamily development oriented to the ground level and the street, and/or by narrow roadways, lack of alleys, and/or irregular street patterns that make local access and circulation less suitable for higher density multifamily development;

5. The area would provide a gradual transition between single-family zoned areas and multifamily or neighborhood commercial zoned areas; and

6. The area is supported by existing or projected facilities and services used by residents, including retail sales and services, parks, and community centers.

(Ord. 123495, § 7, 2011; Ord. 117430 § 11(part), 1994: Ord. 116795 § 3, 1993: Ord. 114886 § 2, 1989.)

23.34.018 Lowrise 2 (LR2) zone, function and locational criteria

A. Functions. The dual functions of the LR2 zone are to:

1. Provide opportunities for a variety of multifamily housing types in existing multifamily neighborhoods and along arterials that have a mix of small scale residential structures; and

2. Accommodate redevelopment in areas within urban centers, urban villages, and Station Area Overlay Districts in order to establish multifamily neighborhoods of low scale and density.

B. Locational Criteria. The LR2 zone is most appropriate in areas generally characterized by the following conditions:

1. The area is either:

a. located in an urban center, urban village, or Station Area Overlay District where new development could help establish a multifamily neighborhood of small scale and density; or

b. located in or near an urban center, urban village, or Station Area Overlay District, or on an arterial street, and is characterized by one or more of the following conditions:

1) small-scale structures generally no more than 35 feet in height that are compatible in scale with SF and LR1 zones;

2) the area would provide a gradual transition between SF or LR1 zones and more intensive multifamily or neighborhood commercial zones; and

2. The area is characterized by local access and circulation conditions that accommodate low density multifamily development;

3. The area has direct access to arterial streets that can accommodate anticipated vehicular circulation, so that traffic is not required to use streets that pass through lower density residential zones; and

4. The area is well supported by existing or projected facilities and services used by residents, including retail sales and services, parks, and community centers, and has good pedestrian access to these facilities.

(Ord. 123495, § 9, 2011; Ord. 123046, § 4, 2009; Ord. 118794 § 9, 1997; Ord. 771430 § 11(part), 1994: Ord. 116795 § 3, 1993: Ord. 114886 § 2, 1989.)

23.34.020 Lowrise 3 (LR3) zone, function and locational criteria

A. Functions. The dual functions of the LR3 zone are to:

1. provide opportunities for a variety of multifamily housing types in existing multifamily neighborhoods, and along arterials that have a mix of small to moderate scale residential structures; and

2. accommodate redevelopment in areas within urban centers, urban villages, and Station Area Overlay Districts in order to establish multifamily neighborhoods of moderate scale and density.

B. Locational Criteria. The LR3 zone is most appropriate in areas generally characterized by the following conditions:

1. The area is either:

a. located in an urban center, urban village, or Station Area Overlay District where new development could help establish a multifamily neighborhood of moderate scale and density, except in the following urban villages: the Wallingford Residential Urban Village, the Eastlake Residential Urban Village, the Upper Queen Anne Residential Urban Village, the Morgan Junction Residential Urban Village, the Lake City Hub Urban Village, the Bitter Lake Village Hub Urban Village, and the Admiral Residential Urban Village; or

b. located in an existing multifamily neighborhood in or near an urban center, urban village, or Station Area Overlay District, or on an arterial street, and characterized by a mix of structures of low and moderate scale;

2. The area is near neighborhood commercial zones with comparable height and scale;

3. The area would provide a transition in scale between LR1 and/or LR2 zones and more intensive multifamily and/or commercial zones;

4. The area has street widths that are sufficient for two-way traffic and parking along at least one curb;

5. The area is well served by public transit;

6. The area has direct access to arterial streets that can accommodate anticipated vehicular circulation, so that traffic is not required to use streets that pass through lower density residential zones;

7. The area well supported by existing or projected facilities and services used by residents, including retail sales and services, parks, and community centers, and has good pedestrian access to these facilities.

C. The LR3 zone is also appropriate in areas located in the Delridge High Point Neighborhood Revitalization Area, as shown in Map A for 23.34.020, provided that the LR3 zone designation would facilitate a mixed-income housing development initiated by the Seattle Housing Authority or other public agency; a property use and development agreement is executed subject to the provisions of Chapter 23.76 as a condition to any rezone; and the development would serve a broad public purpose.

Map A for 23.34.020: Delridge High Point Revitalization Area– North and South Halves

{/PICK;23-34-020-1;comptd;46p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-34-020-1.tif;comptd;46p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

{/PICK;23-34-020-2;comptd;46p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-34-020-2.tif;comptd;46p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

D. Except as provided in this subsection 23.34.020.D, properties designated as environmentally critical may not be rezoned to an LR3 designation, and may remain LR3 only in areas predominantly developed to the intensity of the LR3 zone. The preceding sentence does not apply if the environmentally critical area either:

1. was created by human activity, or

2. is a designated peat settlement, liquefaction, seismic or volcanic hazard area, or flood prone area, or abandoned landfill.

(Ord. 123495, § 10, 2011; Ord. 121700 § 5, 2004; Ord. 120694 § 1, 2001: Ord. 119714 § 4, 1999; Ord. 119691 § 1, 1999; Ord. 119637 § 1, 1999; Ord. 119635 § 1, 1999; Ord. 119521 § 1, 1999; Ord. 119403 § 5, 1999; Ord. 119322 § 5, 1998; Ord. 119217 § 6, 1998; Ord. 118794 § 10, 1997; Ord. 117430 § 11(part), 1994: Ord. 116795 § 3, 1993: Ord. 114886 § 2, 1989.)

23.34.024 Midrise (MR) zone, function and locational criteria.

A. Function. An area that provides concentrations of housing in desirable, pedestrian-oriented urban neighborhoods having convenient access to regional transit stations, where the mix of activity provides convenient access to a full range of residential services and amenities, and opportunities for people to live within walking distance of employment.

B. Locational Criteria.

1. Threshold Conditions. Subject to subsection 23.34.024.B.2 of this section, properties that may be considered for a Midrise designation are limited to the following:

a. Properties already zoned Midrise;

b. Properties in areas already developed predominantly to the intensity permitted by the Midrise zone; or

c. Properties within an urban center or urban village, where a neighborhood plan adopted or amended by the City Council after January 1, 1995 indicates that the area is appropriate for a Midrise zone designation.

2. Environmentally Critical Areas. Except as stated in this subsection 23.34.024.B.2, properties designated as environmentally critical may not be rezoned to a Midrise designation, and may remain Midrise only in areas predominantly developed to the intensity of the Midrise zone. The preceding sentence does not apply if the environmentally critical area either

1) was created by human activity, or

2) is a designated peat settlement, liquefaction, seismic or volcanic hazard, or flood prone area, or abandoned landfill.

3. Other Criteria. The Midrise zone designation is most appropriate in areas generally characterized by the following:

a. Properties that are adjacent to business and commercial areas with comparable height and bulk;

b. Properties in areas that are served by major arterials and where transit service is good to excellent and street capacity could absorb the traffic generated by midrise development;

c. Properties in areas that are in close proximity to major employment centers;

d. Properties in areas that are in close proximity to open space and recreational facilities;

e. Properties in areas along arterials where topographic changes either provide an edge or permit a transition in scale with surroundings;

f. Properties in flat areas where the prevailing structure height is greater than 37 feet or where due to a mix of heights, there is no established height pattern;

g. Properties in areas with moderate slopes and views oblique or parallel to the slope where the height and bulk of existing structures have already limited or blocked views from within the multifamily area and upland areas;

h. Properties in areas with steep slopes and views perpendicular to the slope where upland developments are of sufficient distance or height to retain their views over the area designated for the Midrise zone;

i. Properties in areas where topographic conditions allow the bulk of the structure to be obscured. Generally, these are steep slopes, 16 percent or more, with views perpendicular to the slope.

(Ord. 123209, § 2, 2009; Ord. 118794 § 12, 1997; Ord. 117430 § 11(part), 1994: Ord. 116795 § 3, 1993: Ord. 114886 § 2, 1989.)

23.34.026 Midrise/85' (MR/85') zone, function and locational criteria.

A. The Midrise/85' (MR/85') is most appropriate in areas generally characterized by the criteria described for a rezone to Midrise in Section 23.34.024.

B. In addition, the following shall apply to designate an MR zone as Midrise/85(:

1. A neighborhood plan adopted by the City Council shall have designated the area as suitable for Midrise zoning with an eighty-five (85) foot height limit; and

2. A height of eighty-five (85) feet could be accommodated without significantly blocking views; and

3. The development permitted by the zone would not exceed the service capacities which exist in the area, including transit service, parking, and sewers; and

4. A gradual transition in height and scale and level of activity between zones is provided unless major physical edges are present. These edges may be the following:

a. Natural features such as topographic breaks, water bodies and ravines,

b. Freeways, expressways, and other major traffic arterials, and railroad tracks,

c. Street grid and block orientation, or

d. Significant open space and greenspaces.

(Ord. 117430 § 11(part), 1994: Ord. 116795 § 3, 1993: Ord. 114886 § 2, 1989.)

23.34.028 Highrise (HR) zone, function and locational criteria.

A. Function. An area that provides a concentration of high density multifamily housing in a pedestrian-oriented neighborhood with convenient access to regional transit stations, and where the mix of activity provides convenient access to a full range of residential services and amenities and employment centers.

B. Locational Criteria.

1. Threshold Conditions. Subject to subsection 23.34.028.B.2 of this section, properties that may be considered for a Highrise designation are limited to the following:

a. Properties already zoned Highrise;

b. Properties in areas already developed predominantly to the intensity permitted by the Highrise zone; or

c. Properties within an urban center or urban village, where a neighborhood plan adopted or amended by the City Council after January 1, 1995 indicates that the area is appropriate for a Highrise zone designation.

2. Environmentally Critical Areas. Except as stated in this subsection 23.34.028.B.2, properties designated as environmentally critical may not be rezoned to a Highrise designation, and may remain Highrise only in areas predominantly developed to the intensity of the Highrise zone. The preceding sentence does not apply if the environmentally critical area either 1) was created by human activity, or 2) is a designated peat settlement, liquefaction, seismic or volcanic hazard, or flood prone area, or abandoned landfill.

3. Other Criteria. The Highrise zone designation is most appropriate in areas generally characterized by the following:

a. Properties in areas that are served by arterials where transit service is good to excellent and street capacity is sufficient to accommodate traffic generated by highrise development;

b. Properties in areas that are adjacent to a concentration of residential services or a major employment center;

c. Properties in areas that have excellent pedestrian or transit access to downtown;

d. Properties in areas that have close proximity to open space, parks and recreational facilities;

e. Properties in areas where no uniform scale of structures establishes the character and where highrise development would create a point and help define the character;

f. Properties in flat areas on the tops of hills or in lowland areas away from hills, where views would not be blocked by highrise structures;

g. Properties in sloping areas with views oblique or parallel to the slope where the height and bulk of existing buildings have already limited or blocked views from within the multifamily area and upland areas where the hillform has already been obscured by development.

(Ord. No. 123209, § 3, 2009; Ord. 118794, § 13, 1997; Ord. 117430, § 11(part), 1994; Ord. 116795, § 3, 1993; Ord. 114886, § 2, 1989.)

23.34.046– 23.34.056 Reserved by 110381.

23.34.070 Residential-Commercial (RC) zone, function and locational criteria.

A. Function.

1. Purposes. Areas that serve as the following:

a. As a means to downzone strip commercial areas which have not been extensively developed with commercial uses;

b. As a means to downzone small commercial areas which have not been extensively developed with commercial uses and where commercial services are available nearby;

c. To provide opportunities for needed parking in areas where spillover parking is a major problem;

d. As a means of supporting an existing commercial node.

2. Desired Characteristics. Areas that provide the following:

a. Physical appearance resembling the appearance of adjacent residential areas;

b. Mixed use with small commercial uses at street level.

B. Location Criteria.

1. Requirement. A residential-commercial designation shall be combined only with a multifamily designation.

2. Other Criteria. Residential-Commercial zone designation is most appropriate in areas generally characterized by the following:

a. Existing Character.

(1) Areas which are primarily residential in character (which may have either a residential or commercial zone designation), but where a pattern of mixed residential/commercial development is present; or

(2) Areas adjacent to commercial areas, where accessory parking is present, where limited commercial activity and accessory parking would help reinforce or improve the functioning of the commercial areas, and/or where accessory parking would help relieve spillover parking in residential areas.

b. Physical Factors Favoring RC Designation.

(1) Lack of edges or buffer between residential and commercial uses;

(2) Lack of buffer between major arterial and residential uses;

(3) Streets with adequate access and circulation;

(4) Insufficient parking in adjacent commercial zone results in parking spillover on residential streets.

(Ord. 117430 § 12, 1994: Ord. 112777 § 2(part), 1986.)

23.34.072 Designation of commercial zones.

A. The encroachment of commercial development into residential areas shall be discouraged.

B. Areas meeting the locational criteria for a single-family designation may be designated as certain neighborhood commercial zones as provided in Section 23.34.010.

C. Preferred configuration of commercial zones shall not conflict with the preferred configuration and edge protection of residential zones as established in Sections 23.34.010 and 23.34.011 of the Seattle Municipal Code.

D. Compact, concentrated commercial areas, or nodes, shall be preferred to diffuse, sprawling commercial areas.

E. The preservation and improvement of existing commercial areas shall be preferred to the creation of new business districts.

(Ord. 122575, § 2, 2007; Ord. 120691 § 6, 2001; Ord. 117430 § 13, 1994: Ord. 112777 § 2(part), 1986.)

23.34.074 Neighborhood Commercial 1 (NC1) zones, function and locational criteria.

A. Function. To support or encourage a small shopping area that provides primarily convenience retail sales and services to the adjoining residential neighborhood, where the following characteristics can be achieved:

1. A variety of small neighborhood-serving businesses;

2. Continuous storefronts built to the front lot line;

3. An atmosphere attractive to pedestrians;

4. Shoppers walk from store to store.

B. Locational Criteria. A Neighborhood Commercial 1 zone designation is most appropriate on land that is generally characterized by the following conditions:

1. Outside of urban centers and urban villages, or within urban centers or urban villages where isolated or peripheral to the primary business district and adjacent to low-density residential areas;

2. Located on streets with limited capacity, such as collector arterials;

3. No physical edges to buffer the residential areas;

4. Small parcel sizes;

5. Limited transit service.

(Ord. 122311, § 8, 2006; Ord. 117430 § 14, 1994: Ord. 112777 § 2(part), 1986.)

23.34.076 Neighborhood Commercial 2 (NC2) zones, function and locational criteria.

A. Function. To support or encourage a pedestrian-oriented shopping area that provides a full range of household and personal goods and services, including convenience and specialty goods, to the surrounding neighborhoods, and that accommodates other uses that are compatible with the retail character of the area such as housing or offices, where the following characteristics can be achieved:

1. A variety of small to medium-sized neighborhood-serving businesses;

2. Continuous storefronts built to the front lot line;

3. An atmosphere attractive to pedestrians;

4. Shoppers can drive to the area, but walk from store to store.

B. Locational Criteria. A Neighborhood Commercial 2 zone designation is most appropriate on land that is generally characterized by the following conditions:

1. Primary business districts in residential urban villages, secondary business districts in urban centers or hub urban villages, or business districts, outside of urban villages, that extend for more than approximately two blocks;

2. Located on streets with good capacity, such as principal and minor arterials, but generally not on major transportation corridors;

3. Lack of strong edges to buffer the residential areas;

4. A mix of small and medium sized parcels;

5. Limited or moderate transit service.

(Ord. 122311, § 9, 2006; Ord. 117430 § 16, 1994: Ord 112777 § 2(part), 1986.)

23.34.078 Neighborhood Commercial 3 (NC3) zones, function and locational criteria.

A. Function. To support or encourage a pedestrian-oriented shopping district that serves the surrounding neighborhood and a larger community, citywide, or regional clientele; that provides comparison shopping for a wide range of retail goods and services; that incorporates offices, business support services, and residences that are compatible with the retail character of the area; and where the following characteristics can be achieved:

1. A variety of sizes and types of retail and other commercial businesses at street level;

2. Continuous storefronts or residences built to the front lot line;

3. Intense pedestrian activity;

4. Shoppers can drive to the area, but walk around from store to store;

5. Transit is an important means of access.

B. Locational Criteria. A Neighborhood Commercial 3 zone designation is most appropriate on land that is generally characterized by the following conditions:

1. The primary business district in an urban center or hub urban village;

2. Served by principal arterial;

3. Separated from low-density residential areas by physical edges, less-intense commercial areas or more-intense residential areas;

4. Excellent transit service.

(Ord. 122311, § 11, 2006; Ord. 117430 § 18, 1994: Ord. 116795 § 4, 1993: Ord. 112777 § 2(part), 1986.)

23.34.080 Commercial 1 (C1) zones, function and locational criteria.

A. Function. To provide for an auto-oriented, primarily retail/service commercial area that serves surrounding neighborhoods and the larger community, citywide, or regional clientele.

B. Locational Criteria. A Commercial 1 zone designation is most appropriate on land that is generally characterized by the following conditions:

1. Outside of urban centers and urban villages or, within urban centers or urban villages, having a C1 designation and either abutting a state highway, or in use as a shopping mall;

2. Retail activity in existing commercial areas;

3. Readily accessible from a principal arterial;

4. Presence of edges that buffer residential or commercial areas of lesser intensity, such as changes in street layout or platting pattern;

5. Predominance of parcels of 20,000 square feet or larger;

6. Limited pedestrian and transit access.

(Ord. 122311, § 13, 2006; Ord. 117430 § 20, 1994: Ord. 112777 § 2(part), 1986.)

23.34.082 Commercial 2 (C2) zones, function and locational criteria.

A. Function. To provide for an auto-oriented, primarily non-retail commercial area that provides a wide range of commercial activities serving a community, citywide, or regional function, including uses such as manufacturing and warehousing that are less appropriate in more-retail-oriented commercial areas.

B. Locational Criteria. A Commercial 2 zone designation is most appropriate on land that is generally characterized by the following conditions:

1. Outside of urban centers and urban villages or, within urban centers or urban villages, having a C2 designation and abutting a state highway;

2. Existing commercial areas characterized by heavy, non-retail commercial activity;

3. Readily accessible from a principal arterial;

4. Possibly adjacent to manufacturing/industrial zones;

5. Presence of edges that buffer residential or commercial areas of lesser intensity, such as changes in street layout or platting pattern;

6. Predominance of parcels of 30,000 square feet or larger;

7. Limited pedestrian and transit access.

(Ord. 122311, § 14, 2006; Ord. 117430 § 21, 1994: Ord. 112777 § 2(part), 1986.)

23.34.086 Pedestrian designation (suffix P), function and locational criteria.

A. Function. To preserve or encourage an intensely retail and pedestrian-oriented shopping district where non-auto modes of transportation to and within the district are strongly favored, and the following characteristics can be achieved:

1. A variety of retail/service activities along the street front;

2. Large number of shops and services per block;

3. Commercial frontage uninterrupted by housing or auto-oriented uses;

4. Pedestrian interest and activity;

5. Minimal pedestrian-auto conflicts.

B. Locational Criteria. Pedestrian-designated zones are most appropriate on land that is generally characterized by the following conditions:

1. Pedestrian district surrounded by residential areas and/or major activity centers; or a commercial node in an urban center or urban village;

2. NC zoned areas on both sides of an arterial, or NC zoned block faces across an arterial from a park, major institution, or other activity center;

3. Excellent access for pedestrians, transit, and bicyclists.

(Ord. 122311, § 15, 2006; Ord. 112777 § 2(part), 1986.)

23.34.089 Locational criteria– Station Area Overlay District.

A. Establishing a Station Area Overlay District. In reviewing a proposal to establish a Station Area Overlay District, the following criteria shall be considered:

1. Function. To preserve or encourage a diverse, mixed-use community with a pedestrian orientation around proposed light rail stations or access to other high capacity transit, where incompatible automobile-oriented uses are discouraged and transit-oriented use and development is encouraged.

2. Desired Characteristics. The Station Area Overlay District designation is most appropriate in areas generally characterized by one or more of the following:

a. High levels of pedestrian activity at street level in commercial and mixed-use zones; or

b. Presence of a wide variety of retail/service activities in commercial and mixed-use zones; or

c. Minimal pedestrian-auto conflicts; or

d. Medium to high residential density in close proximity to light rail stations or access to other high capacity transit.

3. Physical Conditions Favoring Designation as Station Area Overlay District. The Station Area Overlay District shall be located around a proposed light rail station or access to other high capacity transit and include land within approximately one thousand three hundred and twenty feet (1,320') of the station or stop. Other factors to consider in including properties within the overlay district include, but are not limited to the following:

a. Presence of medium to high density residential zoning in proximity to the proposed light rail station or access to other high capacity transit;

b. Presence of a commercial or mixed-use area where goods and services are available to the public and where opportunities for enhancement of the pedestrian environment exist;

c. Opportunities for new development to access transit, bicycle and pedestrian modes of transportation;

d. Opportunities for construction of new development that will support transit;

e. Properties zoned Single-family may only be included within the overlay district when it can be demonstrated that the criteria for Single-family designation cannot be satisfied.

B. Revising the Boundaries of a Station Area Overlay District.

1. When a proposal is made to include land within an existing Station Area Overlay District, the land proposed to be added must be contiguous to the Station Area Overlay District, be consistent with the criteria prescribed in subsection A, above, and satisfy the function of and locational criteria for a commercial or multifamily zone designation.

2. When a proposal is made to remove land from an existing Station Overlay District, the land proposed to be removed must be contiguous to land lying outside the boundary and not meet the criteria in subsection A of this section.

(Ord. 120452 §1, 2001.)

23.34.090 Designation of industrial zones.

A. The industrial zones are intended to support existing industrial activity and related businesses and provide for new industrial development, as well as increased employment opportunities.

B. Industrial areas are generally well-served by rail, truck and water transportation facilities and do not require direct vehicular access through residential zones.

C. Relative isolation from residential zones either by distance or physical buffers shall be preferred in the creation of new industrial zones.

D. Areas where the infrastructure (streets, water, sewer, electrical, and other facilities) is adequate, or can be upgraded at a reasonable cost, are preferred to accommodate an industrial designation.

E. 1. Economic Development. Increasing industrially zoned land shall be favorably considered when such action will provide additional opportunities for business expansion, retention of manufacturing and other industrial firms in Seattle, or increased employment, especially employment that adds to or maintains the diversity of job opportunities in Seattle. Land proposed to be assigned an industrial designation shall be suitable for manufacturing, research and development and other industrial uses and shall meet the locational criteria for the industrial zone.

2. The rezone shall enhance and strengthen the industrial character of an area.

F. In determining appropriate boundaries with residentially and commercially zoned land, the appropriate location and rezone criteria shall be considered.

G. Rezoning of Industrial Land. Rezoning of industrial land to a less-intensive zone shall be discouraged unless most of the following can be shown:

1. The area does not meet the locational criteria for the industrial zone.

2. The rezone will not decrease industrial development and employment potential, especially manufacturing employment.

3. The rezone would not result in existing industrial uses becoming nonconforming.

4. The area clearly functions as a residential or commercial zone, has little or no potential for industrial development, and would not lead to further encroachment of residential, office, or retail uses into industrially zoned land located adjacent to or near the proposed rezone.

5. The rezone shall be consistent with the Seattle Shoreline Master Program.

6. The area is not part of an adopted Manufacturing/Industrial Center (MIC).

H. Compatibility With Scale and Character of Surrounding Area-Edges. In general, a transition in scale and character shall be provided between zones. A gradual change in height limit or an area of transition (e.g., commercial zone between residential and industrial zones) shall be provided when the area lacks physical edges. Rezones shall achieve a better separation between residential and industrial zones, significantly reducing or eliminating major land use conflicts in the area. The following elements shall be considered physical edges or buffers:

1. Natural features such as topographic breaks, lakes, streams, ravines and shorelines;

2. Freeways, expressways, other major traffic arterials, and railroad tracks;

3. Changes in street layout and block orientation;

4. Open spaces and greenspaces.

I. Existing Pattern of Development. Consideration shall be given to whether the area is primarily industrial, commercial, residential, or a mix, and whether the area is fully developed and in need of room for expansion, or minimally developed with vacant parcels and structures.

(Ord. 120691 § 7, 2001; Ord. 117430 § 22, 1994: Ord. 113658 § 2(part), 1987.)

23.34.092 General Industrial 1 (IG1) zone, function and locational criteria.

A. Function. An area that provides opportunities for manufacturing and industrial uses and related activity, where these activities are already established and viable, and their accessibility by rail and/or waterway make them a specialized and limited land resource.

B. Locational Criteria. General Industrial 1 zone designation is most appropriate in areas generally characterized by the following:

1. Areas directly related to the shoreline having the following characteristics:

a. Suitable water access for marine industrial activity,

b. Upland property of sufficient depth to accommodate industrial activity,

c. An existing character established by industrial uses and related commercial activity including manufacturing use, warehousing, transportation, utilities, and similar activities;

2. Areas directly related to major rail lines serving industrial businesses;

3. Areas containing mostly industrial uses, including manufacturing, heavy commercial, warehousing, transportation, utilities and similar activities;

4. Large areas with generally flat topography;

5. Areas platted into large parcels of land.

(Ord. 117430 § 23, 1994: Ord. 113658 § 2(part), 1987.)

23.34.093 General Industrial 2 (IG2) zone, function and locational criteria.

A. Function. An area with existing industrial uses, that provides space for new industrial development and accommodates a broad mix of activity, including additional commercial development, when such activity improves employment opportunities and the physical conditions of the area without conflicting with industrial activity.

B. Locational Criteria. General Industrial 2 zone designation is most appropriate in areas generally characterized by the following:

1. Areas that are developed with industrial activity or a mix of industrial activity and a wide range of commercial uses;

2. Areas where facilities, such as the Kingdome or Design Center, have established a more commercial character for the surroundings and have created the need for a broader mix of support uses;

3. Areas with adequate access to the existing and planned neighborhood transportation network; where additional trips generated by increased commercial densities can be accommodated without conflicting with the access and circulation needs of industrial activity;

4. Areas where increased commercial densities would allow the economic reuse of small sites and existing buildings no longer suited to current industrial needs;

5. Areas that, because of their size and isolation from a larger industrial area due to separation by another type of zone or major physical barrier, such as an arterial or waterway, can accommodate more nonindustrial activity without conflicting with the industrial function of the larger industrial area;

6. Large areas with generally flat topography;

7. Areas platted into large parcels of land.

(Ord. 117430 § 24, 1994.)

23.34.094 Industrial Buffer (IB) zone, function and locational criteria.

A. Function. An area that provides an appropriate transition between industrial areas and adjacent residential zones, or commercial zones having a residential orientation and/or pedestrian character.

B. Locational Criteria. Industrial Buffer zone designation is most appropriate in areas generally characterized by the following:

1. Areas containing industrial uses or a mix of industrial activity and a wide range of commercial uses which are located on the edge of a larger industrial area designated Industrial General 1 (IG1), Industrial General 2 (IG2), or Industrial Commercial (IC).

2. Areas where a transition is needed to protect a less-intensive zone from potential negative impacts of industrial activity when the area directly abuts a residential, Neighborhood Commercial 1 (NC1), Neighborhood Commercial 2 (NC2), Neighborhood Commercial 3 (NC3), Commercial 1 (C1), or Commercial 2 (C2) zone with a substantial amount of residential development and/or pedestrian character.

C. Zone Boundaries. The boundaries and overall depth of the Industrial Buffer (IB) zone shall vary according to the specific conditions of each area, so that an adequate separation between industrial activity and less-intensive zones can be provided to reduce through traffic, noise, visual conflicts, and other impacts of industrial development. However, where there are no special features or other conditions to provide sufficient buffer depth, a distance ranging from three hundred (300) to five hundred (500) feet shall be maintained as a buffer. Within an industrial area, the following conditions help establish the transition desired between industrial areas and less-intensive zones and should be considered in establishing boundaries separating the Industrial Buffer zone from the rest of the industrial area:

1. Topographic Conditions. Significant changes in topography within an industrial area may provide a good boundary for the Industrial Buffer zone by reducing the noise and visual impacts of the larger industrial area on an abutting, less-intensive zone.

2. Development Patterns. Changes in the type of activity and/or the scale of existing development occurring along the edge of an industrial area may create conditions that are more compatible with the abutting, less-intensive zone.

3. Grid and Platting Patterns. Changes in block sizes, shifts in the street grid, a major arterial, undeveloped streets, platted lot lines, and other factors related to the platting pattern often create separate areas which, when located along the edge of an industrial area, can reinforce the transition desired in the Industrial Buffer zone.

4. Special Features. Certain natural or built features such as railway lines, open spaces, transmission line rights-of-way, and waterways may, because of their width, siting, or landscaping, separate the edge of an industrial zone from a larger industrial area, helping to establish the edge of the Industrial Buffer zone.

(Ord. 122311, § 17, 2006; Ord. 118414 § 4, 1996; Ord. 117430 § 25, 1994: Ord. 113658 § 2(part), 1987.)

23.34.096 Locational criteria– Industrial Commercial (IC) zone.

The Industrial Commercial (IC) zone is intended to promote development of businesses which incorporate a mix of industrial and commercial activities, including light manufacturing and research and development, while accommodating a wide range of other employment activities. In reviewing a proposal to rezone an area to Industrial Commercial (IC), the following criteria shall be considered:

A. Areas with amenities such as shoreline views, proximity to downtown, or access to public open spaces that could provide an attraction for new businesses, particularly new technology-oriented and research and development activities which might otherwise be likely to seek locations outside the City;

B. Areas in close proximity to major institutions capable of providing support for new technology-oriented and research and development businesses;

C. Former industrial areas which are undergoing a transition to predominantly commercial or mixed commercial and industrial activity, but where transportation and/or other infrastructure capacities are constrained and can only accommodate modest growth without major improvements;

D. Areas where there is an existing concentration of technology-oriented and research and development uses which may be subject to displacement by commercial development;

E. Areas which are underutilized and, through substantial redevelopment, could provide the type of campus-like environment attractive for new technology-oriented industrial and commercial development.

(Ord. 113658 § 2(part), 1987.)

23.34.100 Designation of Downtown zones.

Rezones to a Downtown zone designation shall be considered only for areas within the boundaries of the Downtown Urban Center as shown on the Official Land Use Map.

(Ord. 119484 § 4, 1999: Ord. 117430 § 27, 1994.)

23.34.102 Downtown Office Core-1 (DOC-1) zone, function and locational criteria.

Locations appropriate for Downtown Office Core-1 zone designation shall be consistent with the following:

A. Function. Areas that provide high density office and commercial activities with related support services and retail shopping. The density of office activity shall be greater in this area than any other part of downtown.

B. Scale and Character of Development. Areas with the greatest concentration of large buildings of primarily office and commercial use.

C. Transportation and Infrastructure Capacity. Areas with a very high level of access to vehicular and transit systems and where the existing urban infrastructure is adequate or can be easily expanded to support high densities of development.

D. Relationship to Surrounding Activity. A single, contiguous area which is centrally located in relation to other downtown districts having lower intensities of development and more mixing of uses.

(Ord. 117430 § 28, 1994.)

23.34.104 Downtown Office Core-2 (DOC-2) zone, function and locational criteria.

Locations appropriate for Downtown Office Core-2 zone designation shall be consistent with the following:

A. Function. Areas that provide a range of high density office and commercial activities with retail shopping and support services closely related to the primary office core. The density of development is not as great as in the DOC-1 designation.

B. Scale and Character of Development. Areas where large scale office buildings are appropriate and do not adversely affect the pedestrian environment or existing development determined desirable for preservation.

C. Transportation and Infrastructure Capacity. Areas that are well served by transit and vehicular systems and where other urban infrastructure systems are adequate or readily expandable to accommodate anticipated growth.

D. Relationship to Surrounding Activity. Areas shall be adjacent to DOC-1. These areas shall provide transition to the north of the office and retail cores where the character is not well established and land is available for development. To the south of the office core, these areas shall provide a transition to those areas where a strong character exists in Pioneer Square and the International District.

E. Heights. Two (2) height classifications of DOC-2 shall provide transition between the high structures of the DOC-1 designation and areas adjacent to this classification. Generally, maximum heights should be lower in the southern part of downtown to provide transition to Pioneer Square and the International District.

(Ord. 117430 § 29, 1994.)

23.34.106 Downtown Retail Core (DRC) zone, function and locational criteria.

Locations appropriate for Downtown Retail Core zone designation shall be consistent with the following:

A. Function. Areas that provide highly concentrated, regional retail shopping activity in the core of downtown. Retail shopping, entertainment and consumer services predominate at street level, and related and supporting uses occur in the upper floors of buildings. Office and other commercial uses may also be present, but at a density and scale of development that does not conflict with the primary retail function or make the street level environment less conducive to shopping.

B. Scale and Character of Development. Areas with moderate scale buildings and well defined street spaces where sidewalks are lined with a variety of retail shopping, entertainment and consumer services. Areas are characterized by a combination of buildings and street spaces conducive to an active, high quality pedestrian environment on relatively level terrain.

C. Transportation Access. Areas where both vehicular and transit systems provide good access for shoppers. The area is served by a wide range of regional, citywide and local transit routes providing high levels of service during the prime shopping hours of the day and evening. Recognizing that the auto will be a prime means of shopper travel, the area provides good off-peak auto access with adequate amounts of short-term shopper parking.

D. Relationship to Surrounding Activity. The area shall be centrally located in relation to areas of downtown employment and residential concentrations.

(Ord. 117430 § 30, 1994.)

23.34.108 Downtown Mixed Commercial (DMC) zone, function and locational criteria

Locations appropriate for Downtown Mixed Commercial zone designation are consistent with the following:

A. Function. Areas characterized by lower scale office, retail and commercial uses related to activity in the office core, retail core or other moderate-scale commercial cores in the Downtown Urban Center, and with use patterns that may include housing.

B. Scale and Character of Development. Areas where buildings of moderate scale exist or are appropriate to provide a physical transition between more intensive commercial areas and surrounding lower scale commercial, mixed use or residential districts.

C. Transportation and Infrastructure Capacity. Areas within the Downtown Urban Center having good but comparatively less accessibility to vehicular and transit systems than the Downtown office core. Transportation and other infrastructure capacities are capable of accommodating modest growth without major improvement.

D. Relationship to Surrounding Activity. Areas that provide for less intensive activity along the western and northern edges of the Downtown retail core and Downtown office core, or at other peripheral locations within the Downtown Urban Center. These areas provide a buffer to less intensive areas, such as the Harborfront, Pike Place Market, Belltown residential area, or mixed use areas north of Denny Way, or serve as a transition to less intensive commercial, residential or industrial areas near the Downtown Urban Center.

E. Heights. Downtown Mixed Commercial height designations provide desired transitions compatible with adjacent downtown districts and areas outside downtown.

(Ord. 123589, § 3, 2011; Ord. 117430 § 31, 1994.)

23.34.110 Downtown Mixed Residential (DMR) zone, function and locational criteria

Locations appropriate for Downtown Mixed Residential zone designation are consistent with the following:

A. Function. Areas that provide a mixed use community where housing and associated services and amenities predominate. Office, retail and other commercial uses are compatibly integrated with the predominant residential character at low to moderate densities.

B. Scale and Character of Development. Areas where there is an existing base of housing and the potential exists for establishing a residential community. Areas have the potential for supporting a wide range of residential building types, ranging from midrise structures closely related to the street to larger tower forms. Opportunities exist for major public amenities, such as parks and open space, an enhanced pedestrian network, or views of downtown, Elliott Bay or other surrounding features.

C. Transportation and Infrastructure Capacity. Areas with transportation system and infrastructure system capacity that is sufficient or can be improved to accommodate a substantial residential population. Employment densities are related to the ability of the transportation system to accommodate peak hour traffic flow without adversely affecting the residential environment.

D. Relationship to Surrounding Activity. Areas with surrounding mixed use districts providing transition between primarily residential districts (within or outside downtown) and higher intensity neighborhood core areas within downtown.

E. Mix of Use. Two mix-of-use designations are applied to achieve subarea objectives. The DMR/R designation applies to areas predominantly residential in character or containing large amounts of underused land able to accommodate future residential development; non-residential uses may be present but should be of modest scale, likely to change in the future, or neighborhood serving in character. The DMR/C designation applies to those areas containing housing or having housing potential where larger scale, non-residential serving commercial development exists and is likely to remain.

F. Heights. Downtown Mixed Residential building height designations may be applied to achieve subarea objectives. The lowest height designation generally encompasses the Belltown core, in areas characterized by existing modest scale development, buildings of historic character, or topographic features such as the bluff rising from Elliott Bay. The intermediate building height designation provides transition in height and density to the north and east of the Belltown core and along the bluff where waterfront development divides the area from Elliott Bay. In the Downtown Urban Center east of Interstate 5, the building height designation provides for low to moderate heights. The highest building height designation applies to areas characterized by larger residential and commercial buildings, generally along the eastern edge of Belltown, near the higher density mixed commercial areas of downtown.

(Ord. 123589, § 4, 2011; Ord. 117430 § 32, 1994.)

23.34.112 Pioneer Square Mixed (PSM) zone, locational criteria.

The Pioneer Square Mixed zone designation shall apply to those areas which lie within the Pioneer Square Preservation District, north of those areas predominantly in manufacturing and industrial use and not contained within the International Special Review District.

(Ord. 117430 § 33, 1994.)

23.34.114 International District Mixed (IDM) zone, locational criteria

The International District Mixed zone designation is appropriate for areas of the International Special Review District designated in Chapter 23.66 of the Land Use Code for mixed use development. The areas designated IDM are characterized by a mix of uses contained in low and medium scale structures.

(Ord. 123589, § 5, 2011; Ord. 119484, § 5, 1999; Ord. 117430, § 34, 1994.)

23.34.116 International District Residential (IDR) zone, locational criteria

The International District Residential zone designation is appropriate for areas of the International Special Review District designated in Chapter 23.66 of the Land Use Code for development as a predominantly residential neighborhood. The areas designated IDR are generally located north of the International District core, near the Downtown office core, and contain parcels available for infill development and, east of 5th Avenue, may possess topographic features providing view potential. The IDR/C designation applies to areas where a mix of non-residential uses and residential uses will provide for a transition in use character between the Downtown office core and areas within the International Special Review District designated primarily for residential uses.

(Ord. 123589, § 6, 2011; Ord. 119484, § 6, 1999; Ord. 117430, § 35, 1994.)

23.34.118 Downtown Harborfront-1 (DH-1) zone, locational criteria.

The Downtown Harborfront-1 zone and the Urban Harborfront Shoreline Environment designation shall apply to waterfront lots and adjacent harbor area located within the boundaries of downtown.

(Ord. 117430 § 36, 1994.)

23.34.120 Downtown Harborfront-2 (DH-2), function and locational criteria.

The Downtown Harborfront-2 zone designation shall apply to those areas which meet the following:

A. Function. Areas which provide commercial activities in support of shoreline goals and related office, commercial, retail and residential uses.

B. Scale and Character of Development. Areas where the intended scale of development is moderate, and an orientation toward the water exists. The area provides a transition in scale and character between the waterfront and adjacent downtown areas.

C. Transportation Capacity. Areas with transportation capacity to support low and moderate densities commensurate with planned capacity of Alaskan Way.

D. Relationship to Surrounding Activity. Areas adjacent to the shoreline that have a strong physical relationship to activities on the waterfront and are separated from downtown areas due to topographic conditions. The primary relationship shall be to the harbor areas. The relationship to downtown shall be secondary.

E. Heights. One (1) of three (3) height districts may be applied to maintain existing views from upland public spaces and provide a transition in scale between the waterfront and downtown.

(Ord. 117430 § 37, 1994.)

23.34.122 Pike Market Mixed (PMM) zone, locational criteria.

The Pike Market Mixed zone designation shall apply to the area encompassed by the adopted Pike Place Project Urban Renewal Plan inclusive of the Pike Place Historic District.

(Ord. 117430 § 38, 1994.)

23.34.124 Designation of Major Institution Overlay (MIO) districts.

A. Public Purpose. The applicant shall submit a statement which documents the reasons the rezone is being requested, including a discussion of the public benefits resulting from the proposed expansion, the way in which the proposed expansion will serve the public purpose mission of the major institution, and the extent to which the proposed expansion may affect the livability of the surrounding neighborhood. Review and comment on the statement shall be requested from the appropriate Advisory Committee as well as relevant state and local regulatory and advisory groups. In considering rezones, the objective shall be to achieve a better relationship between residential or commercial uses and the Major Institution uses, and to reduce or eliminate major land use conflicts in the area.

B. Boundaries Criteria. The following criteria shall be used in the selection of appropriate boundaries for: 1) new Major Institution Overlay districts; 2) additions to existing MIO districts; and 3) modifications to boundaries of existing MIO districts.

1. Establishment or modification of boundaries shall take account of the holding capacity of the existing campus and the potential for new development with and without a boundary expansion.

2. Boundaries for an MIO district shall correspond with the main, contiguous major institution campus. Properties separated by only a street, alley or other public right-of-way shall be considered contiguous.

3. Boundaries shall provide for contiguous areas which are as compact as possible within the constraints of existing development and property ownership.

4. Appropriate provisions of this chapter for the underlying zoning and the surrounding areas shall be considered in the determination of boundaries.

5. Preferred locations for boundaries shall be streets, alleys or other public rights-of-way. Configuration of platted lot lines, size of parcels, block orientation and street layout shall also be considered.

6. Selection of boundaries should emphasize physical features that create natural edges such as topographic changes, shorelines, freeways, arterials, changes in street layout and block orientation, and large public facilities, land areas or open spaces, or greenspaces.

7. New or expanded boundaries shall not be permitted where they would result in the demolition of structures with residential uses or change of use of those structures to non-residential major institution uses unless comparable replacement is proposed to maintain the housing stock of the city.

8. Expansion of boundaries generally shall not be justified by the need for development of professional office uses.

9. The establishment or expansion of boundaries shall be in conformance with the provisions of SMC Section 23.69.024, Major Institution designation.

C. Height Criteria. The following criteria shall be used in the selection of appropriate height designations for: 1) proposed new Major Institution Overlay districts; 2) proposed additions to existing MIO districts; and 3) proposed modifications to height limits within existing MIO districts;

1. Increases to height limits may be considered where it is desirable to limit MIO district boundary by expansion.

2. Height limits at the district boundary shall be compatible with those in the adjacent areas.

3. Transitional height limits shall be provided wherever feasible when the maximum permitted height within the overlay district is significantly higher than permitted in areas adjoining the major institution campus.

4. Height limits should generally not be lower than existing development to avoid creating non-conforming structures.

5. Obstruction of public scenic or landmark views to, from or across a major institution campus should be avoided where possible.

D. In addition to the general rezone criteria contained in Section 23.34.008, the comments of the Major Institution Master Plan Advisory Committee for the major institution requesting the rezone shall also be considered.

(Ord. 120691 § 8, 2001; Ord. 117929 § 7, 1995; Ord. 117430 § 39, 1994.)

23.34.126 Designation of the Seattle Mixed (SM) zone.

The Seattle Mixed (SM) zone is applied to achieve the goal of a diverse, mixed-use community with a strong pedestrian orientation. The zone permits a wide range of uses and promotes density to encourage a mixed-use neighborhood. This zoning designation balances the need for flexibility and a variety of activities with the need to provide adequate direction to ensure the presence of housing and commercial activities critical to the success of an urban neighborhood.

(Ord. 121782 § 4, 2005; Ord. 118302 § 3, 1996.)

23.34.128 Seattle Mixed (SM) zone, function and locational criteria.

In considering rezones to the Seattle Mixed (SM) zone designation the following function and locational criteria shall be taken into consideration:

A. Function. An area that provides for a wide range of uses to encourage development of the area into a mixed-use neighborhood with a pedestrian orientation or an area that is in transition from traditional manufacturing or commercial uses to one where residential use is also appropriate;

B. Transportation and Infrastructure Capacity. An area that is well-served by transit and vehicular systems and where utility infrastructure is adequate, or where such systems and infrastructure can be readily expanded to accommodate growth;

C. Relationship to Surrounding Activity. An area that provides a transition from a densely developed or zoned neighborhood or from industrial activity;

D. Mix of Use. An area within the SM zone may be identified for the purposes of encouraging a primarily residential character. Such an area shall be designated as Seattle Mixed/Residential (SM/R). Within the SM/R area, nonresidential uses shall generally be of modest scale or neighborhood-serving in character;

E. Height. Height limits of forty (40) feet, fifty-five (55) feet, sixty-five (65) feet, seventy-five (75) feet, eighty-five (85) feet, and one hundred twenty-five (125) feet may be applied to land zoned SM. A forty (40) or fifty-five (55) foot height shall be applied to the SM/R designation, or where it is appropriate to limit the intensity and scale of new development. A sixty-five (65) foot, seventy-five (75) foot or eighty-five (85) foot height shall apply where it is appropriate to provide for a uniform and pedestrian scale. A one hundred twenty five (125) foot height may be designated to serve as transition from areas where greater heights are permitted.

(Ord. 121782 § 5, 2005; Ord. 118302 § 4, 1996.)

Division 2
Authorized Uses and Development Standards

Chapter 23.40
COMPLIANCE WITH REGULATIONS REQUIRED– EXCEPTIONS

Sections:

23.40.002 Conformity with regulations required

23.40.004 Reduction of required spaces.

23.40.006 Demolition of housing

23.40.007 Reuse and Recycling of Building Materials in a Structure Containing a Dwelling Unit.

23.40.008 Demolition of landmarks.

23.40.020 Variances

23.40.030 Undeveloped streets– Modification of certain development standards.

23.40.040 Reasonable accommodation.

23.40.050 Pilot program for vacant and underused lots

23.40.060 Living Building Pilot Program

23.40.002 Conformity with regulations required

A. The establishment or change of use of any structures, buildings or premises, or any part thereof, requires approval according to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, except:

1. establishment of an urban farm, or community garden, that is permitted outright under the provisions of this Title 23 applicable to the lot;

2. as permitted in subsections 23.47A.004.E and 23.47A.004.F;

3. keeping of animals as permitted under Section 23.42.052;

4. reinstatement of a use interrupted by a temporary use authorized pursuant to Section 23.42.040; and

5. for uses located entirely within public rights-of-way.

B. No use of any structure or premises shall hereafter be commenced, and no structure or part of a structure shall be erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations specified in this title for the zone and overlay district, if any, in which it is or will be located.

C. Owners of such structures, building or premises or parts thereof are responsible for any failure of such structures, buildings or premises to conform to the regulations of this title and for compliance with the provisions of this title in or on such structures, buildings or premises. Any other person who created, caused or contributed to a condition in or on such structure, building or premises, either alone or with others, is also responsible under this title for any failure to conform to the regulations of this title. Building and use permits on file shall be prima facie evidence of the time a building was built or modified, or a use commenced, and the burden of demonstrating to the contrary shall be upon the owner.

D. Changes to existing structures that make the structures nonconforming may be permitted if the changes are required by law for reasons of health and safety.

(Ord. 123649, § 4, 2011; Ord. 123378, § 1, 2010; Ord. 122816, § 1, 2008; Ord. 122311, § 18, 2006; Ord. 121093 § 1, 2003: Ord. 119473 § 1, 1999: Ord. 118794 § 14, 1997: Ord. 112522 § 7(part), 1985: Ord. 110669 § 6, 1982; Ord. 110381 § 1(part), 1982.)

23.40.004 Reduction of required spaces.

A. No minimum lot area, yard, setback, modulation, open space, landscaping, access, screening or other element of development existing on or after July 24, 1957, shall be reduced in area, number or dimension below the minimum development standard required by this Land Use Code, nor shall any existing lot area, yard, setback, modulation, open space, landscaping, access, screening or other element of development less than the minimum required by this Land Use Code be further reduced, except as specifically provided in this Code.

B. Legally established parking spaces or loading areas existing on or after July 24, 1957 that became required as accessory to a principal use on or after July 24, 1957, may not be eliminated unless at least an equal number of spaces serving the use for which they are required and meeting the requirements of this Code are provided.

C. No minimum lot area, yard, setback, open space, landscaping, access, screening or other element of a development used to meet a development standard for one (1) use or structure may be used to meet the development standards of another use or structure except as specifically provided in this Code.

(Ord. 111390 § 3, 1983: Ord. 110669 § 7, 1982.)

23.40.006 Demolition of housing

No demolition permit for a structure containing a dwelling unit shall be issued unless one of the following conditions is satisfied, and provided that no permit for demolition of a structure containing a dwelling unit may be issued if the new use is for non-required parking:

A. The structure is a residential use in a single family zone that was last occupied as rental housing and has been unoccupied for at least 12 consecutive months, unless such demolition aids expansion of a non-residential use; or

B. A permit or approval has been issued by the Director according to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, to change the use of the structure or the premises; or

C. A permit or approval has been issued by the Director to relocate the structure containing a dwelling unit to another lot, whether within the City limits or outside the City limits, to be used, on the new lot, as a dwelling unit; or

D. A complete building permit application for construction of a new principal structure on the same lot as the structure to be demolished has been submitted to the Director, the demolition permit application and the building permit application are categorically exempt from review under Chapter 25.05, Environmental Policies and Procedures, the issuance of some other approval is not required by Title 23 or Title 25 as a condition to issuing the demolition permit, and the Director has approved a waste diversion plan pursuant to Section 23.40.007; or

E. Demolition of the structure is ordered by the Director for reasons of health and safety under Chapter 22.206 or 22.208 of the Housing and Building Maintenance Code, or under the provisions of the Seattle Building Code.

(Ord. 123649, § 5, 2011; Ord. 123189, § 1, 2009; Ord. 122901, § 1, 2009; Ord. 118414 § 5, 1996; Ord. 115058 § 3, 1990.)

23.40.007 Reuse and Recycling of Building Materials in a Structure Containing a Dwelling Unit

A. Requirements of a Waste Diversion Plan. The Director shall promulgate rules that define the requirements of an acceptable waste diversion plan within the meaning of subsection 23.40.006.D. Among the requirements shall be minimum levels of building materials that must be diverted from landfills. The levels shall be established by the Director on the basis of a review of practices employed in the relevant industries in the region. The levels may vary by disposal method or type of material and shall reflect, in the Director's opinion, the degree of waste diversion reasonably attainable through the use of accepted industry practices. The Director may alter the levels as industry practices evolve.

B. Demonstration of Compliance. The applicant shall demonstrate compliance with the approved waste diversion plan by submitting a report to the Director documenting, at a minimum, the amount and manner in which building materials were diverted from landfills. The applicant must submit the report no later than 90 days after issuance of the demolition permit, or such later date as may be allowed by the Director for good cause.

C. Violation. Failure to demonstrate compliance with the waste diversion plan is a violation of the Land Use Code.

(Ord. 123649, § 6, 2011; Ord. 122901, § 2, 2009.)

23.40.008 Demolition of landmarks.

A. Except as provided in subsection B, no demolition permit for a landmark shall be issued until the requirements of Section 25.12.835 of the Landmarks Preservation Ordinance have been satisfied.

B. In the event that the Director believes that demolition of a landmark is required for reasons of health and safety under Chapter 22.206 or 22.208 of the Housing and Building Maintenance Code or under the provisions of the Seattle Building Code,1 the Director shall consult with the Landmarks Preservation Board and with the Director of the Department of Neighborhoods about alternatives to demolition. The Director shall not order demolition of a landmark until all alternatives to demolition have been explored, unless the Director is faced with a threat to the public health and safety that is so imminent as to preclude all deliberation.

(Ord. 116540 § 2, 1993.)

1. Editor's Note: The Seattle Building Code is set out at Subtitle I of Title 22 of this Code.

23.40.020 Variances

A. Variances may be sought from the provisions of Subtitle III, Divisions 2 and 3 of this Land Use Code, except for the establishment of a use that is otherwise not permitted in the zone in which it is proposed, for a structure height in excess of that shown on the Official Land Use Map, from the provisions of Section 23.55.014.A, or from the provisions of Chapter 23.52. Applications for prohibited variances shall not be accepted for filing.

B. Variances shall be authorized according to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

C. Variances from the provisions or requirements of this Land Use Code shall be authorized when all the facts and conditions listed below are found to exist:

1. Because of unusual conditions applicable to the subject property, including size, shape, topography, location or surroundings, which were not created by the owner or applicant, the strict application of this Land Use Code would deprive the property of rights and privileges enjoyed by other properties in the same zone or vicinity; and

2. The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located; and

3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or vicinity in which the subject property is located; and

4. The literal interpretation and strict application of the applicable provisions or requirements of this Land Use Code would cause undue hardship or practical difficulties; and

5. The requested variance would be consistent with the spirit and purpose of the Land Use Code regulations for the area.

D. In order to qualify for a variance under the foregoing criteria, an applicant need not demonstrate that, absent the variance, he or she would have no reasonable economic use of the property at issue.

E. When a variance is authorized, conditions may be attached regarding the location, character and other features of a proposed structure or use as may be deemed necessary to carry out the spirit and purpose of this Land Use Code.

(Ord. 123046, § 5, 2009; Ord. 120691 § 9, 2001; Ord. 118727 § 1, 1997: Ord. 117570 § 11, 1995: Ord. 117383 § 2, 1994; Ord. 113263 § 2, 1986; Ord. 112522 § 7(part), 1985; Ord. 111390 § 4, 1983; Ord. 110669 § 8, 1982: Ord. 110381 § 1(part), 1982.)

1. Editor's Note: The Official Land Use Map is codified at the end of this title.

23.40.030 Undeveloped streets– Modification of certain development standards.

For purposes of determining yards, setbacks and whether or not a lot is a corner lot or a through lot, the Director may allow an abutting street to be treated as an alley if the Director finds that the lot abuts on at least one (1) other street suitable for vehicular use or is served by an access easement meeting the standards of Section 23.53.025, and that the following criteria are met:

A. The street in the block where it abuts the lot is wholly undeveloped, is unpaved, or is developed with a roadway less than twenty (20) feet in width; and

B. The street provides either no access or only secondary access to those lots to which it abuts; and

C. The development proposed for the lot does not require improvement of the street and no plans to develop the street are on file with the City; and

D. Existing streetscapes and development patterns are not disrupted.

(Ord. 115326 § 3, 1990.)

23.40.040 Reasonable accommodation.

The Federal Fair Housing Act requires that reasonable accommodations be made in rules, policies, practices, or services, when such accommodations may be necessary to afford handicapped people equal opportunity to use an enjoy a dwelling. The Director is therefore authorized to make accommodations in the provisions of this title as applied to dwellings occupied or to be occupied by handicapped persons as defined in the Federal Fair Housing Act, when the Director determines that such accommodations reasonably may be necessary in order to comply with such Act.

(Ord. 117202 § 24, 1994.)

23.40.050 Pilot program for vacant and underused lots

A. Purpose. The purpose of the Vacant and Underused Lot Pilot Program is to provide for the location of uses on vacant and underused lots that encourage pedestrian activity and to allow parking on an interim basis on lots that incorporate uses that encourage pedestrian activity. The Director shall determine qualifying uses and appropriate standards, and shall report to the City Council at the close of the pilot program whether the pilot program should be made effective for a longer time period, or provisions for active use of vacant and underused lots should be made permanent additions to the Land Use Code.

B. Program qualification.

1. Eligible projects. Uses of vacant and underused lots that meet the standards of Section 23.42.038 qualify for the Vacant and Underused Lot Pilot Program.

2. Enrollment. Enrollment in the Vacant and Underused Lot Pilot Program is required prior to filing an application for a use permit pursuant to Section 23.42.038. The enrollment period is limited to two years from the effective date of this ordinance or when 20 projects have successfully qualified, whichever comes first.

3. Application requirements. In order to qualify for the Vacant and Underused Lot Pilot Program, applicants must submit an application for a Type I Master Use Permit demonstrating compliance with Section 23.42.038 as determined by the Director.

4. Qualification process. A project is eligible for the Vacant and Underused Lot Pilot Program upon determination by the Director that a complete project application has been submitted pursuant to Section 23.76.010 and is in compliance with the application requirements in Section 23.40.050.B.3.

(Ord. 123566, § 3, 2011)

23.40.060 Living Building Pilot Program

A. Purpose. The purpose of this section is to establish a Living Building Pilot Program. The goal of the Pilot Program is to encourage the development of buildings that meet the Living Building Challenge by allowing departures from code requirements that might otherwise discourage or prevent buildings from meeting this standard. Overall, the Living Building Pilot Program is intended to:

1. stimulate innovative development that meets the goals of the Living Building Challenge and City of Seattle design guidelines.

2. encourage development that will serve as a model for other projects throughout the City and region and will stimulate development of new Living Buildings.

3. identify barriers to Living Buildings in current codes and processes.

B. Project qualification.

1. Eligible projects. Only projects that are eligible for design review under Section 23.41.004 and located outside of the shoreline jurisdiction may qualify for the Living Building Pilot Program.

2. Enrollment period. The enrollment period is limited to three years from the effective date of this ordinance or when twelve projects have successfully qualified, whichever comes first.

3. Application requirements. In order to qualify for the Living Building Pilot Program, applicants must submit a plan demonstrating how their project will meet each of the prerequisites of the Living Building Challenge, including an overall design concept, proposed energy balance, proposed water balance, and descriptions of innovative systems. In addition, an applicant shall include a description of how the project serves as a model for testing code improvements to stimulate and encourage Living Buildings in the city.

4. Qualification process. An eligible project shall qualify for the Pilot Program upon determination by the Director that it has submitted a complete application pursuant to Section 23.76.010 and has complied with the application requirements in Section 23.40.060.B.3.

C. Design review. All Living Building Pilot Program projects are subject to Design Review and shall be reviewed in accordance with the Design Review Process provided in Section 23.41.014.

D. Height measurement technique. At the discretion of the applicant, the height of a qualifying project shall be determined using either the definition of building height in Section 502 of the Seattle Building Code or the method described in Chapter 23.86 of the Land Use Code.

E. Compliance with minimum standards.

1. Minimum standards. While the intent of the Living Building Pilot Program is to encourage development of buildings that meet or exceed the goals of the Living Building Challenge, qualifying projects that are granted departures shall meet either all of the prerequisites of the Living Building Challenge or 60 percent of the prerequisites of the Living Building Challenge and all of the following alternative standards:

a. total building energy usage, subtracting energy generated on site, is 25 percent or less of the average energy usage for a comparable building not in the Living Building Program, based on the Energy Information Administration's 2003 Commercial Buildings Energy Use Survey, Energy Information Administration's 2005 Residential Energy Consumption Survey, or other baseline approved by the Director that would provide a comparable estimate;

b. total building water usage, subtracting harvested rainwater, is 25 percent or less of the average water usage for a comparable building not in the Living Building Program, based on Seattle Public Utility estimates or other baseline approved by the Director that would provide a comparable estimate; and

c. at least 50 percent of stormwater is captured and used on site.

2. No later than two years after issuance of a final Certificate of Occupancy for the project, or such later date as may be allowed by the Director for good cause, the owner shall submit to the Director a report demonstrating how the project has met the Living Building Challenge prerequisites and the standards described in subsection 23.40.006.E.1.

3. If the Director determines that the report submitted pursuant to subsection 23.40.060.E.2 provides satisfactory evidence that the project has complied with the standards contained in subsection 23.40.060.E.1, the Director shall send the owner a certificate stating that the project has complied with the performance standards of the Living Building Pilot Program. If the Director determines that the project does not comply with the standards in subsection 23.40.060.E.1, the Director shall notify the owner of the aspects in which the project does not comply. Components of the project that are included in order to comply with the minimum standards of this program shall remain for the life of the project.

4. Within 90 days after the Director notifies the owner of the ways in which the project does not comply, or such longer period as the Director may allow for good cause, the owner may submit a supplemental report demonstrating that it has made alterations or improvements such that the project now meets the standards in subsection 23.40.060.E.1.

5. If the owner fails to submit a supplemental report within the time allowed pursuant to Section 23.40.060.E.4, the Director shall determine that the project has failed to demonstrate full compliance with the standards contained in Section 23.40.060.E.1, and the owner shall be subject to the penalty in Section 23.90.018.B.6.

(Ord. 123206, § 3, 2009.)

Chapter 23.41
EARLY PROJECT IMPLEMENTATION

Sections:

Part I Design Review

23.41.002 Purpose and intent.

23.41.004 Applicability

23.41.006 Design Review Districts Map

23.41.008 Design Review Board.

23.41.010 Design review guidelines

23.41.012 Development standard departures

23.41.014 Design review process

23.41.016 Administrative design review process.

23.41.018 Streamlined administrative design review (SDR) process

Part I Design Review

23.41.002 Purpose and intent.

The purpose of this chapter is to implement the policies contained in Council Resolution 28757, establishing design review as the first element of the Early Project Implementation Program. Design review is intended to:

A. Encourage better design and site planning to help ensure that new development enhances the character of the city and sensitively fits into neighborhoods, while allowing for diversity and creativity; and

B. Provide flexibility in the application of development standards to better meet the intent of the Land Use Code as established by City policy, to meet neighborhood objectives, and to provide for effective mitigation of a proposed project's impact and influence on a neighborhood; and

C. Improve communication and mutual understanding among developers, neighborhoods, and the City early and throughout the development review process.

(Ord. 116909 § 1(part), 1993.)

23.41.004 Applicability

A. Design review required.

1. Design review is required for any new multifamily, commercial, or industrial development proposal that exceeds one of the following thresholds in Table A for 23.41.004:
Table A for 23.41.004: Thresholds for Design Review
ZoneThreshold
a.Lowrise (LR3)8 dwelling units
b.Midrise (MR)20 dwelling units
c.Highrise (HR)20 dwelling units
d.Neighborhood Commercial (NC1, 2, 3)4 dwelling units or 4,000 square feet of nonresidential gross floor area
e.Commercial (C1, C2)Four dwelling units or 12,000 square feet of nonresidential gross floor area, located on a lot in an urban center or urban village1, or on a lot that abuts or is across a street or alley from a lot zoned single family, or on a lot located in the area bounded by: NE 95th St., NE 145th St., 15th Ave. NE, and Lake Washington
f.Seattle Mixed (SM)20 units or 12,000 square feet of nonresidential gross floor area
g.Industrial Commercial (IC) zone within all designated urban villages and centers12,000 square feet of nonresidential gross floor area

Footnote to Table A for 23.41.004

1Urban centers and urban villages are identified in the Seattle Comprehensive Plan.

2. Design review is required for all new Major Institution development proposals that exceed any applicable threshold listed in this subsection 23.41.004.A, unless the structure is located within a Major Institution Overlay (MIO) district.

3. Design review is required for all new development proposals located in the following Downtown zones that exceed any of the following thresholds:

DOC 1, DOC 2 or DMC Zones
UseThreshold
Nonresidential50,000 square feet of gross floor area
Residential20 dwelling units

DRC, DMR, DH1 or DH2 Zones, or PMM zone outside the Pike Market Historical District
UseThreshold
Nonresidential20,000 square feet of gross floor area
Residential20 dwelling units

4. Design review is required for all new development proposals exceeding 120 feet in width on any single street frontage in the Stadium Transition Area Overlay District as shown in Map A for 23.74.004, and all new development proposals exceeding 12,000 square feet of nonresidential gross floor area and electing to add extra floor area above the base FAR that are located in an IC 85-160 zone.

5. Streamlined administrative design review to protect trees. As provided in Sections 25.11.070 and 25.11.080, streamlined administrative design review pursuant to Section 23.41.018 is required for new multifamily and commercial development proposals in Lowrise, Midrise, and commercial zones if an exceptional tree, as defined in Section 25.11.020, is located on the lot and is not proposed to be preserved, if design review would not otherwise be required by this subsection 23.41.004.A.

6. New multifamily or commercial development proposals in the zones listed in this subsection 23.41.004.A, that are subject to SEPA solely as a result of the provisions of Section 25.05.908, Environmentally Critical Areas, are exempt from design review except as set forth in subsection 23.41.004.A.5.

7. Design review pursuant to Section 23.41.014 is required for projects that are eligible for design review under any provision of this section 23.41.004 and that are participating in the Living Building Pilot Program authorized by Section 23.40.060.

8. Streamlined administrative design review (SDR) pursuant to Section 23.41.018 is required for all new townhouse developments that include at least three townhouse units, if design review is not otherwise required by this subsection 23.41.004.A.

B. Design Review– Optional.

1. Design review is optional to any applicant for new multifamily, commercial or Major Institution development proposals not otherwise subject to this Chapter 23.41, in the Stadium Transition Area Overlay District and in all multifamily, commercial and downtown zones.

2. Administrative design review is optional for any applicant for new multifamily or commercial development proposals in the Stadium Transition Area Overlay District, and in multifamily, commercial, and downtown zones, according to the process described in Section 23.41.016.

3. Streamlined administrative design review is an option for:

a. applicants for multifamily residential uses in LR zones for which design review is not otherwise required by subsection 23.41.004.A; and

b. applicants for new multifamily and commercial development proposals in Lowrise, Midrise, and Commercial zones to protect a tree over 2 feet in diameter measured 4.5 feet above the ground, if design review would not otherwise be required by subsection 23.41.004.A.5.

C. Exemptions. The following structures are exempt from design review:

1. New structures located in special review districts, regulated by Chapter 23.66; design review is not available for an applicant applying for additional building height under the provisions of Section 23.49.180;

2. New structures in Landmark districts regulated by SMC Title 25, Environmental Protection and Historic Preservation;

3. New structures that are within the historic character area of the Downtown Harborfront 1 zone regulated by Section 23.60.704, or that are otherwise required to undergo shoreline design review pursuant to Chapter 23.60; and

4. New light rail transit facilities that have been subject to review by the Seattle Design Commission.

(Ord. 123649, § 7, 2011; Ord. 123589, § 7, 2011; Ord. 123495, § 12, 2011; Ord. 123282, § 3, 2010; Ord. 123206, § 4, 2009; Ord. 123034, § 1, 2009; Ord. 122670, § 1, 2008; Ord. 122054 § 4, 2006; Ord. 121782 § 6, 2005; Ord. 121563 § 1, 2004; Ord. 121278 § 1, 2003; Ord. 120928 § 1, 2002; Ord. 120611 § 4, 2001; Ord. 119972 § 1, 2000; Ord. 119490 § 1, 1999; Ord. 119399 § 1, 1999: Ord. 118980 § 1, 1998; Ord. 118362 § 4, 1996; Ord. 118302 § 5, 1996; Ord. 118012 § 13, 1996: Ord. 117430 § 40, 1994; Ord. 116909 § 1(part), 1993.)

23.41.006 Design Review Districts Map

For the purposes of design review, the City shall be divided into seven districts, as depicted on the Design Review Districts Map, Map A for 23.41.006.

(Ord. 123046, §§ 7, 8, 2009; Ord. 119972, §§ 2, 3, 2000; Ord. 118980, § 2, 1998; Ord. 118012, § 14, 1996; Ord. 116909, § 1(part), 1993.)

{/PICK;23-41-006;comptd;40p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-41-006.tif;comptd;40p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for 23.41.006 Design Review Board Districts\.

 

23.41.008 Design Review Board.

A. Role of the Design Review Board. The Design Review Board shall be convened for the purpose of reviewing all development subject to design review. To accomplish this purpose, the Design Review Board shall:

1. Synthesize community input on design concerns and provide early design guidance to the development team and community; and

2. Recommend to the Director specific conditions of approval which are consistent with the design guidelines applicable to the development; and

3. Ensure fair and consistent application of Citywide or neighborhood-specific design guidelines.

B. Design Review Board Membership Criteria.

1. Members shall reside in Seattle; and

2. Members should possess experience in neighborhood land use issues and demonstrate, by their experience, sensitivity in understanding the effect of design decisions on neighborhoods and the development process; and

3. Members should possess a familiarity with land use processes and standards as applied in Seattle; and

4. Consistent with the City's Code of Ethics, SMC Section 4.16.070, no member of the Design Review Board shall have a financial or other private interest, direct or indirect, personally or through a member of his or her immediate family, in a project under review by the Design Review Board on which that member sits.

C. Design Review Board Composition.

1. The Design Review Board shall be composed as follows:

Design Review Board Composition
RepresentationDevelopment InterestsDesign ProfessionsGeneral Community InterestsLocal Residential InterestsLocal Business Interests
Number7777 (1/district)7 (1/district)
Selection Process3 appointed by Mayor, 4 by Council3 appointed by Mayor, 4 by Council3 appointed by Mayor, 4 by Council, 1 pursuant to SMC 3.511Nominated by community and business organizations, respectively; jointly appointed by Mayor and Council
Confirmation ProcessConfirmed by CouncilConfirmed by CouncilConfirmed by CouncilConfirmed by Council

 

1 One (1) designated young adult position is added to the Design Review Board pursuant to the Get Engaged Program, SMC Chapter 3.51. The selection process and term of service related to this young adult position are set forth in SMC Chapter 3.51.

2. Term. Upon appointment to the Design Review Board, a member shall serve for a period of two years. A member may be re-appointed to subsequent terms pursuant to the selection and confirmation process in subsection C1 of this Section.

D. Design Review Board Assignment.

1. Each design review district shall be assigned a Design Review Board consisting of five (5) members, as follows:

a. One (1) member representing development-related interests;

b. One (1) member representing general community interests;

c. One (1) member representing the design professions;

d. One (1) member representing local residential interests; and

e. One (1) member representing local business interests.

2. Three (3) Design Review Board members shall be a quorum of each District Design Review Board.

3. The five (5) Design Review Board members assigned to each project as described in subsection D1 of this section shall be known collectively as the District Design Review Board. All members of the District Design Review Board shall be voting members.

4. Substitutions.

a. In the event that more projects are undergoing simultaneous design review than a District Design Review Board can review in a timely manner, the Director may assign such projects to a geographically unassigned Substitute Design Review Board, whose five (5) members the Director may select from the Substitute Design Review Board membership described in subsection D5, so long as the five (5) members represent each of the five interests required by subsection D1.

b. If an individual District Design Review Board member is unable to serve, the Director may either appoint an individual from another District Design Review Board or may appoint a Substitute Design Review Board member from the Substitute Design Review Board membership described in Subsection D5 to serve in his or her absence, provided that each interest group is represented by one (1) member.

c. The Director may assign a Design Review Board to review a project outside of its designated district in order to expedite review, provided that the local residential representative and local business representative shall review development only within their district. In such a case, the Director shall appoint the local residential representative and the local business representative from the District Board from which the project originated, or a local residential representative and a local business representative from the Substitute Design Review Board provided in subsection D5, or any combination thereof, to review the project, so long as the local residential representative and the local business representative appointed are from the same geographic district as the project to be reviewed.

5. Substitute Design Review Board Membership.

a. Membership criteria:

(1) A person must have been a member of the Design Review Board whose term has expired;

(2) A person must indicate a willingness to continue participation on the Board; and

(3) A person must have, in the opinion of the Director, demonstrated a commitment to Design Review through exemplary attendance and Board participation.

b. The term of service for Substitute Design Review Board members is indefinite.

E. Meetings of the Design Review Board.

1. Project-specific early design guidance public meetings shall be held as required in Section 23.41.014 B. Notice of meetings of the Design Review Board shall be provided as described in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

2. All meetings of the Design Review Board shall be held in the evening in a location which is accessible and conveniently located in the same design review district as the proposed project. Board meetings are open to the general public. The actions of the Board are not quasi-judicial in nature.

(Ord. 121475 § 1, 2004; Ord. 120914 § 5, 2002; Ord. 118980 § 3, 1998: Ord. 118672 § 1, 1997: Ord. 118012 § 15, 1996; Ord. 117075 § 1, 1994; Ord. 116909 § 1(part), 1993.)

23.41.010 Design review guidelines

A. The "Guidelines for Multifamily and Commercial Buildings, 1998 (Amended 2006)" and neighborhood design guidelines approved by the City Council and identified in subsection 23.41.010.B, provide the basis for Design Review Board recommendations and City design review decisions, except in Downtown, where the "Guidelines for Downtown Development, 1999" apply. Neighborhood design guidelines are intended to augment and make more specific the "Guidelines for Multifamily and Commercial Buildings, 1998 (Amended 2006)" and the "Guidelines for Downtown Development, 1999." To the extent there are conflicts between neighborhood design guidelines and the "Guidelines for Multifamily and Commercial Buildings, 1998 (Amended 2006)" or "Guidelines for Downtown Development, 1999", the neighborhood design guidelines prevail.

B. The following Neighborhood design guidelines are approved:

1. "University Community Design Guidelines, 2000;"

2. "Pike/Pine Urban Center Village Design Guidelines, 2010;"

3. "Roosevelt Urban Village Design Guidelines, 2000;"

4. "Ballard Municipal Center Master Plan Area Design Guidelines, 2000;"

5. "West Seattle Junction Urban Village Design Guidelines, 2001;"

6. "Green Lake Neighborhood Design Guidelines, 2001;"

7. "Admiral Residential Urban Village Design Guidelines, 2002;"

8. "South Lake Union Neighborhood Design Guidelines, 2005;"

9. "Northgate Urban Center and Overlay District Design Guidelines, 2010;"

10. Belltown Urban Center Village Design Guidelines, 2004;

11. Wallingford Neighborhood Design Guidelines, 2005;

12. Capitol Hill Neighborhood Design Guidelines, 2005;

13. Greenwood/Phinney Neighborhood Design Guidelines, 2005;

14. Othello Neighborhood Design Guidelines, 2005;

15. North Beacon Hill Design Guidelines, 2006;

16. North District/Lake City Guidelines, 2006;

17. Morgan Junction Neighborhood Design Guidelines, 2007;

18. Upper Queen Anne Neighborhood Design Guidelines, 2009; and

19. Uptown Neighborhood Design Guidelines, 2009.

(Ord. 123392, § 1, 2010; Ord. 123335, § 1, 2010; Ord. 122994, § 1, 2009; Ord. 122443, § 1, 2007; Ord. 122334, § 1, 2007; Ord. 122311, § 108, 2006; Ord. 122152, § 1, 2006; Ord. 122033 § 1, 2006; Ord. 121891 § 1, 2005; Ord. 121781 § 1, 2005; Ord. 121759 § 1, 2005; Ord. 121534 § 1, 2004; Ord. 121476 § 4, 2004; Ord. 121305 § 1, 2003; Ord. 121303 § 1, 2003; Ord. 120785 § 1, 2002; Ord. 120447 § 1, 2001; Ord. 120209 § 1, 2000; Ord. 120081 § 1, 2000; Ord. 119399 § 2, 1999; Ord. 118012 § 16, 1996; Ord. 116909 § 1(part), 1993.)

23.41.012 Development standard departures

A. Departure from Land Use Code requirements may be permitted for new multifamily, commercial, and Major Institution development as part of the design review process. Departures may be allowed if an applicant demonstrates that departures from Land Use Code requirements would result in a development that better meets the intent of adopted design guidelines.

B. Departures may be granted from any Land Use Code standard or requirement, except for the following:

1. Procedures;

2. Permitted, prohibited or conditional use provisions, except that departures may be granted from development standards for required street-level uses;

3. Residential density limits;

4. In Downtown zones, provisions for exceeding the base FAR or achieving bonus development as provided in Chapter 23.49, Downtown Zoning;

5. In Downtown zones, the minimum size for Planned Community Developments as provided in Section 23.49.036;

6. In Downtown zones, the average floor area limit for stories in residential use in Table 23.49.058.D.1;

7. In Downtown zones, the provisions for combined lot developments as provided in Section 23.49.041;

8. In Downtown Mixed Commercial zones, tower spacing requirements as provided in subsection 23.49.058.E;

9. Downtown view corridor requirements, provided that departures may be granted to allow open railings on upper level roof decks or rooftop open space to project into the required view corridor, provided such railings are determined to have a minimal impact on views and meet the requirements of the Building Code;

10. Floor Area Ratios;

11. Maximum size of use;

12. Structure height, except that:

a. Within the Roosevelt Commercial Core building height departures up to an additional 3 feet may be granted for properties zoned NC3-65, (Map A for 23.41.012, Roosevelt Commercial Core;

b. Within the Ballard Municipal Center Master Plan area building height departures may be granted for properties zoned NC3-65, (Map B for 23.41.012, Ballard Municipal Center Master Plan Area. The additional height may not exceed 9 feet, and may be granted only for townhouses that front a mid-block pedestrian connection or a park identified in the Ballard Municipal Center Master Plan;

c. In Downtown zones building height departures may be granted for minor communication utilities as set forth in Section 23.57.013.B;

d. Within the Uptown Urban Center building height departures up to 3 feet of additional height may be granted if the top floor of the structure is set back at least 6 feet in addition to all required building setbacks.

e. Within the Upper Queen Anne Hill Residential Urban Village and Neighborhood Commercial zones within the Upper Queen Anne neighborhood, Map C for 23.41.012 Upper Queen Anne Commercial Areas, building height departures up to 3 feet of additional height may be granted if the top floor of the structure is set back at least 6 feet in addition to all required building setbacks;

f. Within the PSM 85-120 zone in the area shown on Map A for 23.49.180, departures may be granted from development standards that apply as conditions to additional height, except for floor area ratios and provisions for adding bonus floor area above the base FAR.

13. Quantity of parking required, minimum and maximum parking limits, and minimum and maximum number of drive-in lanes, except that within the Ballard Municipal Center Master Plan area required parking for ground level retail uses that abut established mid-block pedestrian connections through private property as identified in the "Ballard Municipal Center Master Plan Design Guidelines, 2000" may be reduced, but shall not be less than the required parking for Pedestrian-designated areas shown in Table D for Section 23.54.015;

14. Provisions of the Shoreline District, Chapter 23.60;

15. Standards for storage of solid-waste containers;

16. The quantity of open space required for major office projects in Downtown zones as provided in subsection 23.49.016.B;

17. Noise and odor standards;

18. Standards for the location of access to parking in Downtown zones;

19. Provisions of Chapter 23.52, Transportation Concurrency Project Review System;

20. Provisions of Chapter 23.53, Requirements for Streets, Alleys and Easements, except that departures may be granted from the access easement standards in Section 23.53.025 and the provisions for structural building overhangs in Section 23.53.035;

21. Definitions; and

22. Measurements.

C. Limitations upon departures through the design review process established in subsections 23.41.012.B and 23.41.012.D do not limit departures expressly permitted by other provisions of this title or other titles of the Seattle Municipal Code.

D. Departures for the Living Building Pilot Program.

1. Criteria for Departures. Departures from Land Use Code requirements for projects participating in the Living Building Pilot Program pursuant to Section 23.40.060 may be allowed if an applicant demonstrates that the departure would result in a development that better meets the intent of adopted design guidelines or that the departure would result in a development that better meets the goals of the Living Building Challenge and would not conflict with adopted design guidelines. In making this recommendation, the Board shall consider the extent to which the anticipated environmental performance of the building would be substantially compromised without the departures.

2. Scope of Departures. In addition to the departures allowed under Section 23.41.012.B, departures for projects participating in the Living Building Pilot Program established under Section 23.40.060 may also be granted for the following:

a. Permitted, prohibited or conditional use provisions, but only for accessory uses that would directly address a prerequisite of the Living Building Challenge, including but not limited to uses that could re-use existing waste streams or reduce the transportation impacts of people or goods.

b. Residential density limits;

c. Downtown view corridor requirements;

d. Floor Area Ratios up to 15 percent above the otherwise applicable limit;

e. Maximum size of use;

f. Structure height, except only rooftop features may extend more than 10 feet above the otherwise applicable limit;

g. Quantity of parking required, minimum and maximum parking limits, and minimum and maximum number of drive-in lanes;

h. Standards for storage of solid-waste containers;

i. The quantity of open space required for major office projects in Downtown zones in subsection 23.49.016.B;

j. Standards for the location of access to parking in Downtown zones;

k. Provisions of Chapter 23.53, Requirements for Streets, Alleys and Easements.

E. Departures for retaining character structures on lots in the Pike/Pine Conservation Overlay District. Departures from the conditions in subsections 23.73.010.C.2 and 23.73.010.F.2 when retaining a character structure as part of a new project may be granted if the following conditions are met:

1. The retained portion of the character structure is sufficient to give the appearance of a free-standing structure; or

2. The newly-constructed portion of the project, through vertical or horizontal modulation or other design treatments, generally provides for better integration of the physical appearance and arrangement of interior spaces between the character structure and the new project than would occur through the strict application of subsection 23.73.010.C.1; or

3. Additional flexibility is necessary to maintain a character structure on a small development lot that is 8,000 square feet or less in size; and

4. The ground story of the character structure can accommodate the elements of the proposed new structure, such as a mezzanine or additional story, while maintaining the original character of the character structure by: retaining sufficient portions of the ground floor that are visible from the street at the original floor to ceiling height, through appropriate placement and design of the new structure, or through other design means that are consistent with the Pike/Pine Urban Center Design Guidelines.

(Ord. 123392, § 2, 2010; Ord. 123206, § 5, 2009; Ord. 123046, § 65, 2009; Ord. 123034, § 2, 2009; Ord. 122994, § 2, 2009; Ord. 122935, § 1, 2009; Ord. 122311, § 20, 2006; Ord. 122235, § 1, 2006; Ord. 122054 §§ 5, 6, 2006; Ord. 121782 § 7, 2005; Ord. 121359 § 1, 2003; Ord. 120928 § 2, 2002; Ord. 120611 § 6, 2001; Ord. 120447 § 2, 2001; Ord. 120443 § 2, 2001; Ord. 120410 § 3, 2001; Ord. 120209 § 2, 2000; Ord. 120081 § 2, 2000; Ord. 119972 § 4, 2000; Ord. 119399 § 3, 1999: Ord. 119370 § 1, 1999: Ord. 118362 § 5, 1996; Ord. 118302 § 6, 1996; Ord. 118012 § 17, 1996; Ord. 117943 § 1, 1995: Ord. 116909 § 1(part), 1993.)

{/PICK;23-41-012-1;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-41-012-1.tif;comptd;48p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for 23.41.012 Roosevelt Commercial Core\.

{/PICK;23-41-012-2;39p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-41-012-2.tif;39p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;38p;comptd;left;top;0;0;cw;0;0;0;0}\mMap B for 23.41.012 Ballard Municipal Center Master Plan Area\.

{/PICK;23-41-012-3;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-41-012-3.tif;comptd;48p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.41.014 Design review process

A. A preapplication conference is required for all projects subject to design review, unless waived by the Director, as described at Section 23.76.008.

B. Early Design Guidance Public Meeting.

1. Following a preapplication conference, and site visits by Design Review Board members assigned to review a proposed project, an early design guidance public meeting with the Design Review Board shall be held.

2. The purpose of the early design guidance public meeting shall be to identify concerns about the site and the proposed project, review the design guidelines applicable to the site, determine neighborhood priorities among the design guidelines, and explore design concepts and/or options.

3. At the early design guidance public meeting, the project proponents shall present the following information:

a. An initial site analysis addressing site opportunities and constraints, the use of all adjacent buildings, and the zoning of the site and adjacent properties; and

b. A drawing of existing site conditions, indicating topography of the site and the location of structures and prominent landscape elements on or abutting the site (including but not limited to all trees 6 inches or greater in diameter measured 4.5 feet above the ground, with species indicated); and

c. Photos showing the facades of adjacent development, trees on the site, general streetscape character and territorial or other views from the site, if any; and

d. A zoning envelope study that includes a perspective drawing; and

e. A description of the proponent's objectives with regard to site development.

f. In the Pike/Pine Conservation Overlay District established in Section 23.73.004, if a character structure is located on the same lot as a proposed project, the applicant shall:

1) Analyze the features that define the developed context of the structures located on the block front where the project is proposed, and on all block fronts facing the project;

2) Evaluate the relationship of the character structure's key architectural and structural elements to the developed context, and how the new project will respond to this relationship; and

3) Evaluate the character structure's key architectural and structural elements and how the new project will maintain those elements by retaining the character structure or reflecting those elements in the new structure, or both.

4. Except as provided in this subsection 23.41.014.B.4, the proponent is encouraged, but not required, to bring one or more development concepts or alternatives to indicate possible design options for the site. In the Pike/Pine Conservation Overlay District established in Section 23.73.004, if a character structure is located on the same lot as a proposed project, the applicant shall provide at least one alternative development concept that maintains the character structure's key architectural and structural elements and the integrity of the character structure.

C. Guidelines Priorities.

1. Based on the concerns expressed at the early design guidance public meeting or in writing to the Design Review Board, the Board shall identify any guidelines that may not be applicable to the site and identify those guidelines of highest priority to the neighborhood. The Board shall incorporate any community consensus regarding design, expressed at the meeting into its guideline priorities, to the extent the consensus is consistent with the design guidelines and reasonable in light of the facts of the proposed development.

2. The Director shall distribute a copy of the guideline priorities applicable to the development to all those who attended the early design guidance public meeting, to those who sent in comments or otherwise requested notification, and to the project proponent.

3. The project proponent is encouraged to meet with the Board and the public for early resolution of design issues, and may hold additional optional meetings with the public or the Board. The Director may require the proponent to meet with the Board if the Director believes that such a meeting may help to resolve design issues.

D. Application for Master Use Permit.

1. Following the early design guidance public meeting, distribution of the guideline priorities, and any additional optional meetings that the project proponent chooses to hold with the public and the Design Review Board, the proponent may apply for a Master Use Permit.

2. The Master Use Permit (MUP) application submittal shall include a supporting site analysis and an explanation of how the proposal addresses the applicable design guidelines, in addition to standard MUP submittal requirements as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

3. Notice of application for a development subject to design review shall be provided according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

E. Design Review Board Recommendation.

1. During a regularly scheduled evening meeting of the Design Review Board, other than the early design guidance public meetings, the Board shall review the record of public comments on the project's design, the project's conformance to the guideline priorities applicable to the proposed project, and the staff's review of the project's design and its application of the design guidelines.

2. At the meeting of the Design Review Board, a determination shall be made by the Design Review Board that the proposed design submitted by the project proponent does or does not comply with applicable design guidelines. The Design Review Board shall recommend to the Director whether to approve or conditionally approve the proposed project based on the design guidelines, and whether to approve, condition or deny any requested departures from development standards.

F. Director's Decision.

1. A decision on an application for a permit subject to design review shall be made by the Director. The Director may condition a proposed project to achieve compliance with design guidelines and to achieve the purpose and intent of this chapter. For applications accepted into the Living Building Pilot Program established under Section 23.40.060, the Director may also condition a proposed project to achieve the purpose and intent of the Living Building Pilot Program.

2. Projects subject to design review must meet all codes and regulatory requirements applicable to the subject site, except as provided in Section 23.41.012.

3. The Director's design review decision shall be made as part of the overall Master Use Permit decision for the project. The Director's decision shall consider the recommendation of the Design Review Board. Except for projects accepted in the Living Building Pilot Program established in Section 23.40.060, if four or more members of the Design Review Board are in agreement in their recommendation to the Director, the Director shall issue a decision that makes compliance with the recommendation of the Design Review Board a condition of permit approval, unless the Director concludes that the recommendation of the Design Review Board:

a. Reflects inconsistent application of the design review guidelines; or

b. Exceeds the authority of the Design Review Board; or

c. Conflicts with SEPA conditions or other regulatory requirements applicable to the site; or

d. Conflicts with the requirements of state or federal law.

G. Notice of Decision. Notice of the Director's decision shall be as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

H. Appeals. Appeal procedures for design review decisions are as described in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

(Ord. 123392, § 3, 2010; Ord. 123206, § 6, 2009; Ord. 119791, § 5, 1999; Ord. 119399, § 4, 1999; Ord. 118980, § 4, 1998; Ord. 116909, § 1(part), 1993.)

23.41.016 Administrative design review process.

A. A preapplication conference is required for all projects electing administrative design review, unless waived by the Director, as described at Section 23.76.008.

B. Early Design Guidance Process.

1. Following a preapplication conference, a proponent may apply to begin the early design guidance process. Application for the early design guidance process shall include the following:

a. An initial site analysis addressing site opportunities and constraints, the use of all adjacent buildings, and the zoning of the site and adjacent properties; and

b. A drawing of existing site conditions, indicating topography of the site and the location of structures and prominent landscape elements on or abutting the site (including but not limited to all trees six (6) inches or greater in diameter measured four and one-half (4 1/2) feet above the ground, with species indicated) if any; and

c. Photos showing the facades of adjacent development, general streetscape character and territorial or other views from the site, if any; and

d. A zoning envelope study which includes a perspective drawing; and

e. A description of the proponent's objectives with regard to site development, including any preliminary design concepts or options.

2. Notice of application shall be provided pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

3. The purpose of the early design guidance process shall be to identify concerns about the site and development program, receive comments from the public, identify those citywide design guidelines of highest priority to the site, and/or explore conceptual design or siting alternatives. As a result of this process, the Director shall identify and prepare a written summary of any guidelines which may not be applicable to the project and site and identify those guidelines of highest priority to the neighborhood. The Director shall incorporate any community consensus regarding the design, as expressed in written comments received, into the guideline priorities, to the extent the consensus is consistent with the design guidelines and reasonable in light of the facts of the proposed development.

4. The Director shall distribute a copy of the priority-guidelines summary to all who sent in comments or otherwise requested notification and to the project proponent.

C. Application for Master Use Permit.

1. Upon completion of the early design guidance process, the proponent may apply for a Master Use Permit (MUP).

2. The MUP application shall include a supporting site analysis and an explanation of how the proposal addresses the applicable design guidelines, in addition to standard MUP submittal requirements as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

3. Notice of application for a development subject to design review shall be provided according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

D. Director's Decision.

1. A decision on an application for administrative design review shall be made by the Director as part of the overall Master Use Permit decision for the project.

2. The Director's decision shall be based on the extent to which the proposed project meets applicable design guidelines and in consideration of public comments on the proposed project.

3. Projects subject to administrative design review must meet all codes and regulatory requirements applicable to the subject site, except as provided for in Section 23.41.012.

E. Notice of Decision. Notice of the Director's decision shall be as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

F. Appeals. Appeal procedures for design review decisions are described in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

(Ord. 120410 § 4, 2001; Ord. 118980 § 5, 1998.)

23.41.018 Streamlined administrative design review (SDR) process

A. A presubmittal conference is required for all projects subject to this Section 23.41.018 unless waived by the Director, pursuant to Section 23.76.008.

B. Following a presubmittal conference, a proponent may apply to begin the SDR guidance process.

1. The application for SDR guidance shall include the following:

a. An initial site analysis addressing site opportunities and constraints, adjacent buildings, and the zoning of the site and adjacent properties;

b. A drawing of existing site conditions, indicating topography of the site and location of structures and prominent landscape elements on the site (including but not limited to all trees 6 inches or greater in diameter measured 4.5 feet above the ground, with species indicated) if any;

c. A preliminary site plan including structures, open spaces, vehicular and pedestrian access, and landscaping;

d. A brief description of how the proposal meets the intent of the applicable citywide and neighborhood design review guidelines; and

e. One or more color renderings adequate to depict the overall massing of structures and the design concept.

2. Notice of application for SDR Guidance shall be provided pursuant to Chapter 23.76.

3. The purpose of SDR Guidance is to receive comments from the public, identify concerns about the site and design concept, identify applicable citywide and neighborhood design guidelines of highest priority to the site, explore conceptual design and siting alternatives, and identify and document proposed development standard adjustments, which may be approved as a Type I decision pursuant to Section 23.41.018.D, or departures, which may be approved as a Type II decision pursuant to Section 23.41.016. The intent of SDR Guidance is not to reduce the general development capacity of the lot.

4. As a result of the SDR Guidance process, the Director shall prepare a report that identifies those guidelines of highest priority and applicability, documents any design changes needed to achieve consistency with the design guidelines, and identifies any desired development standard adjustments and/or departures.

5. The Director shall distribute a copy of the report to the applicant, place it on file in the Department, and provide access to the report on the Department website.

C. Application for Type I or Type II Master Use Permit.

1. After issuance of the SDR Guidance report, the proponent may apply for a Type I or Type II Master Use Permit.

2. The Master Use Permit application shall include a brief explanation of how the proposal addresses the SDR guidance report, in addition to standard Master Use Permit submittal information required by Section 23.76.010. Adjustments to certain development standards pursuant to subsection 23.41.018.D may be approved as a Type I decision. If the need for development standard departures, authorized under Section 23.41.012 and beyond the adjustments allowed under subsection 23.41.018.D, is identified, the applicant may either revise the application to eliminate the need for the further departures, and proceed under this Section 23.41.018, or else apply for a Type II Master Use Permit for administrative design review pursuant to Section 23.41.016.

3. Notice of application for a permit for a project subject to SDR shall be provided according to Chapter 23.76.

D. SDR decision.

1. The Director shall consider public comments on the proposed project, and the Director's decision shall be based on the extent to which the application meets applicable design guidelines and responds to the SDR guidance report.

2. The Director's decision pursuant to the SDR process shall not reduce the number of units allowed per square foot of lot area when such a density limit is set in Table A for Section 23.45.512.

3. The Director may allow the adjustments listed in subsection 23.41.018.D.4, if the adjustments are consistent with the SDR design guidance report and the adjustments would result in a development that:

a. better meets the intent of the adopted design guidelines and/or

b. provides a better response to environmental and/or site conditions, including but not limited to topography, the location of trees, or adjacent uses and structures.

4. If the criteria listed in subsection 23.41.018.D.3 are met, the Director may allow adjustments to the following development standards to the extent listed for each standard:

a. Setbacks and separation requirements may be reduced by a maximum of 50 percent;

b. Amenity areas may be reduced by a maximum of 10 percent;

c. Landscaping and screening may be reduced by a maximum of 25 percent;

d. Structure width, structure depth, and façade length may be increased by a maximum of 10 percent; and

e. Screening of parking may be reduced by a maximum of 25 percent.

5. Limitations on adjustments through the SDR process established in this subsection 23.41.018.D do not limit adjustments expressly permitted by other provisions of this Title 23 or other titles of the Seattle Municipal Code.

(Ord. 123564, § 4, 2011; Ord. 123495, § 13, 2011.)

Chapter 23.42
GENERAL USE PROVISIONS

Sections:

23.42.010 Identification of principal permitted uses.

23.42.020 Accessory uses.

23.42.030 Access to Uses

23.42.038 Uses allowed on vacant and underused lots in certain zones

23.42.040 Intermittent, temporary and interim uses

23.42.042 Conditional uses

23.42.044 Construction-Related Parking.

23.42.050 Home occupations

23.42.051 Urban farms

23.42.052 Keeping of animals

23.42.053 Community gardens

23.42.054 Transitional Encampments Accessory to Religious Facilities or to Other Principal Uses Located on Property Owned or Controlled by a Religious Organization

23.42.100 Nonconformity– Applicability and intent.

23.42.102 Establishing nonconforming status.

23.42.104 Nonconforming uses.

23.42.106 Expansion of nonconforming uses

23.42.108 Change from nonconforming use to conforming use

23.42.110 Change from one nonconforming use to another nonconforming use

23.42.112 Nonconformity to development standards

23.42.114 Multifamily structures nonconforming to development standards

23.42.116 Downtown structures nonconforming to development standards.

23.42.118 Landmark structures.

23.42.120 Access easement nonconformity.

23.42.122 Height nonconformity

23.42.124 Light and glare standards nonconformity

23.42.126 Outdoor storage areas nonconformity.

23.42.128 Parking nonconformity.

23.42.130 Nonconforming solar collectors.

23.42.010 Identification of principal permitted uses.

Principal uses not listed in the respective zones of Subtitle III, Division 2 of SMC Title 23, Land Use Code shall be prohibited in those zones. If a use is not listed, the Director may determine that a proposed use is substantially similar to other uses permitted or prohibited in the respective zones, therefore, and should also be permitted or prohibited.

(Ord. 118794 § 15, 1997: Ord. 113978 § 1, 1988: Ord. 110669 § 9, 1982: Ord. 110381 § 1(part), 1982.)

23.42.020 Accessory uses.

A. Any accessory use not permitted by Title 23, either expressly or by the Director, shall be prohibited. The Director shall determine whether any accessory use on the lot is incidental to the principal use on the same lot, and shall also determine whether uses not listed as accessory uses are customarily incidental to a principal use.

Unless Title 23 expressly permits an accessory use as a principal use, a use permitted only as an accessory use shall not be permitted as a principal use.

B. The general development standards for each zone shall apply to accessory uses unless the general standards are specifically modified.

(Ord. 117570 § 12, 1995: Ord. 117263 § 3, 1994; Ord. 113978 § 2, 1988: Ord. 110669 § 10, 1982: Ord. 110381 § 1(part), 1982.)

23.42.030 Access to Uses

Vehicular and pedestrian access may be provided to a use in one zone across property in a different zone, but only if the use to which access is being provided is permitted, either outright or as a conditional use, in the zone across which access is to be provided.

(Ord. 123046, § 9, 2009.)

23.42.038 Uses allowed on vacant and underused lots in certain zones

A. Permitted uses. A Master Use Permit may be issued for the following uses, pursuant to the provisions of subsections 23.42.038.B through 23.42.038.E.

1. On any lot in a Downtown, Seattle Mixed, Highrise, Industrial or Commercial zone, except for lots in landmark and special review districts, the following uses may be located on a lot as a Type I Master Use Permit:

a. General retail sales and services in a kiosk or similar temporary structure;

b. Mobile food or other vendors using a cart, trailer, van, or similar vehicle;

c. Displays or installations of art;

d. Demonstration projects for modular structures or other structures designed to be moveable or disassembled;

e. Entertainment uses that are outdoors;

f. Horticulture use; or

g. Any similar use or activity that is determined by the Director to have the likelihood of attracting and increasing pedestrian activity in the area.

2. Principal use short-term parking is allowed as a Type I Master Use Permit in Downtown, Seattle Mixed, Highrise, Industrial, and in all Commercial zones except NC1 zones, and except for lots in landmark and special review districts, if the site is eligible under at least one of the following circumstances:

a. There is existing, legally established accessory parking on the site, and the use to which the parking was accessory has been discontinued, provided that no existing principal structures may be demolished to facilitate establishment of any interim use; or

b. The site has been cleared or otherwise prepared for construction as of June 1, 2010, pursuant to an active permit authorizing construction and commencement of a new use on the property; or

c. There is an active application as of June 1, 2010, for a Master Use Permit to develop or redevelop the site.

3. The uses described in subsections 23.42.038.A.1 and 23.42.038.A.2 are permitted subject to the requirements of the Vacant and Underused Lot Pilot Program in Section 23.40.050.

B. Requirements.

1. A permit for the uses permitted by subsection 23.42.038.A.1 shall be authorized for a period of three years and may be renewed for one additional three-year term.

2. A permit for short-term principal use parking pursuant to subsection 23.42.038.A.2 may be issued for a period not to exceed three years. The permit for short-term principal use parking pursuant to subsection 23.42.038.A.2 may not be renewed or extended and a new permit to reauthorize the permit for short-term principal use parking shall not be issued.

3. Permits under Section 23.42.038 may not be issued for property that is located within a riparian corridor, a shoreline habitat, a shoreline habitat buffer, a wetland, a wetland buffer, a steep slope, or a steep slope buffer pursuant to the provisions of Chapter 25.09, Regulations for Environmentally Critical Areas.

C. Standards. The Director may waive development standards for the uses allowed pursuant to subsection 23.42.038.A, except as follows:

1. Measures shall be incorporated to shield vehicle lights to minimize glare on nearby uses;

2. The uses permitted in subsection 23.42.038.A.1 shall be provided adjacent to 60 percent of the length of all street lot lines of a principal use short-term parking lot permitted pursuant to subsection 23.42.038.A.2, subject to adjustment by the Director as determined necessary, and shall occupy a minimum depth from street lot lines as determined necessary by the Director.

3. Principal use short-term parking lots shall meet the following standards in addition to the standards of subsections 23.42.038.C.1 and 23.42.038.C.2:

a. The site shall, at a minimum, be improved with a crushed rock surface;

b. If a barrier free parking space is required pursuant to the Washington State Building Code, Chapter 11 or other applicable law, then the barrier free stall shall be located adjacent to a paved sidewalk and an area of the site sufficient to accommodate the barrier free space shall be paved;

c. In order to meet the landscaping requirements of the respective zone in which the parking use is to be located, temporary landscaping provided in planter boxes or similar containers may be substituted for required landscaping on site, as determined by the Director;

d. Lighting shall be provided by light poles or an equivalent substitute for light poles that are between 10 feet and 30 feet in height from finished grade, but no higher than the height limit of the zone in which the site is located, and placed at intervals sufficient to light the entire parking lot with uniformity, provided that the lighting is shielded and directed away from adjacent uses.

D. The uses permitted by Section 23.42.038 do not interrupt any legally established permanent use of a property or create, expand, or extend any nonconformity to development standards by an existing use.

E. For all uses authorized by Section 23.42.038, appropriate measures shall be taken to control queuing on or other blocking of an adjacent sidewalk or right-of-way.

(Ord. 123566, § 4, 2011)

23.42.040 Intermittent, temporary and interim uses

The Director may grant, deny or condition applications for the following intermittent, temporary, or interim uses not otherwise permitted or not meeting development standards in the zone.

A. Intermittent Uses.

1. A Master Use Permit for a time period of up to one year may be authorized for any use that occurs no more than two days per week and does not involve the erection of a permanent structure, provided that:

a. The use shall not be materially detrimental to the public welfare; and

b. The use shall not result in substantial injury to the property in the vicinity; and

c. The use shall be consistent with the spirit and purpose of the Land Use Code.

B. Temporary Four Week Use. A Master Use Permit for a time period of up to four weeks may be authorized for any use that does not involve the erection of a permanent structure and that meets the requirements of subsections 23.42.040.A.1.a– 23.42.040.A.1.c.

C. Temporary Uses for Up to Six Months. A Master Use Permit for a time period of up to six months may be authorized for any use that does not involve the erection of any permanent structure and that meets the requirements of subsections 23.42.040.A.1.a-23.42.040.A.1.c.

D. Boatbuilding Shelters.

1. A temporary use of premises, not involving the erection of any permanent structure, for the express purpose of sheltering the construction of boatbuilding projects by noncommercial home hobbyists, may be authorized by the Director by a revocable Master Use Permit for a period of not more than one year. One year extensions may be granted by the Director for a period not to exceed four years. The permit is subject to the following development standards:

a. The boatbuilding shelter shall not detract from the general appearance of the neighborhood.

b. The structure, though temporary, shall be sturdy enough to withstand inclement weather conditions.

c. Measures which may be required to mitigate possible adverse impacts of the boatbuilding shelter may include, but are not limited to, restrictions on height, size, location or external treatment.

E. Temporary Relocation of Police and Fire Stations. A Master Use Permit may be issued for a period of 24 months or less for the temporary relocation of police and fire stations if the proposal complies with the criteria for approval of intermittent uses in subsections 23.42.040.A.1.a-23.42.040.A.1.c, and if the proposal does not involve the construction of any permanent structure. A Master Use Permit for temporary relocation of police and fire stations may be renewed once for a period not to exceed 12 months.

F. Light Rail Transit Facility Construction. A temporary structure or use that supports the construction of a light rail transit facility may be authorized by the Director pursuant to a Master Use Permit subject to the requirements of subsection 23.42.040.F and subsection 23.60.023 if the structure or use is within the Shoreline District.

1. The alignment, station locations, and maintenance base location of the light rail transit system must first be approved by the City Council by ordinance or resolution.

2. The temporary use or structure may be authorized for only so long as is necessary to support construction of the related light rail transit facility and must be terminated or removed when construction of the related light rail transit facility is completed or in accordance with the MUP.

3. The applicant must submit plans for the establishment of temporary construction uses and facilities to the Director for approval. When reviewing the application, the Director shall consider the duration and severity of impacts, and the number and special needs of people and businesses exposed, such as frail, elderly, and special needs residents. Following review of proposed plans and measures to mitigate impacts of light rail transit facility construction, and prior to the issuance of any permits granting permission to establish construction facilities and uses, the Director may impose reasonable conditions to reduce construction impacts on surrounding uses and area, including but not limited to the following:

a. Noise and Grading and Drainage. Noise impacts will be governed by the Noise Control Ordinance (Chapter 25.08) and off-site impacts associated with grading and drainage will be governed by the Grading Code (Chapter 22.170) and the Stormwater Code (Chapters 22.800 through 22.808).

b. Light. To the extent feasible, light should be shielded and directed away from adjoining properties.

c. Best Management Practices. Construction activities on the site must comply with Volume 2 of the Stormwater Director's Rules, Construction Stormwater Control Technical Requirements Manual.

d. Parking and Traffic.

1) Measures addressing parking and traffic impacts associated with truck haul routes, truck loading and off-loading facilities, parking supply displaced by construction activity, and temporary construction-worker parking, including measures to reduce demand for parking by construction employees, must be included and must be appropriate to the temporary nature of the use.

2) Temporary parking facilities provided for construction workers need not satisfy the parking requirements of the underlying zone or the parking space standards of Section 23.54.030.

e. Local Businesses. The applicant must address measures to limit disruption of local business, including pedestrian and/or auto access to business, loss of customer activity, or other impacts due to protracted construction activity.

f. Security. The applicant must address site security and undertake measures to ensure the site is secure at all times and to limit trespassing or the attraction of illegal activity to the surrounding neighborhood.

g. Site/Design. The construction site should be designed in a manner that minimizes pedestrian/vehicle conflicts and does not unnecessarily impede pedestrian mobility around the site and through adjoining neighborhoods. Measures should also be undertaken to ensure appropriate screening of materials storage and other construction activities from surrounding streets and properties.

h. Public Information. Actions should be taken that will inform surrounding residents and businesses of construction activities taking place and their anticipated duration, including a 24 hour phone number to seek additional information or to report problems.

i. Weather. Temporary structures must be constructed to withstand inclement weather conditions.

j. Vibration. The applicant must consider measures to mitigate vibration impacts on surrounding residents and businesses.

4. Site Restoration.

a. The applicant must also agree, in writing, to submit a restoration plan to the Director for restoring areas occupied by temporary construction activities, uses or structures.

b. The restoration plan must be submitted and approved prior to the applicant vacating the construction site and it must include proposals for cleaning, clearing, removing construction debris, grading, remediation of landscaping, and restoration of grade and drainage.

c. Site restoration must generally be accomplished within 180 days of cessation of use of the site for construction uses and activities, unless otherwise agreed to between the applicant and the Director.

d. The Director will approve plans for site restoration in accordance with mitigation plans authorized under this section.

5. A Master Use Permit for a temporary structure or use that supports the construction of a light rail transit facility shall not be issued until the Director has received satisfactory evidence that the applicant has obtained sufficient funding (which might include a Full Funding Agreement with a federal agency) to complete the work described in the Master Use Permit application.

G. Interim Use Parking.

1. Permitted use. A Master Use Permit may be issued for principal use surface parking in all zones within the Station Area Overlay District within the area bounded by I-5 to the west, I-90 to the north, Lake Washington to the east, and the Seattle corporate limits to the south, except within the boundaries of the North Beacon Hill station area, and in any zone on sites occupied or owned by established institutions within a quarter mile of a light rail station, including the North Beacon Hill light rail station.

2. Eligibility. A site is eligible for interim principal use surface parking if there is existing, legally established parking on the site, or if the site or a portion of the site was interrupted at any time since January 1, 2001 by a government agency for construction staging purposes, provided that no existing principal structures may be demolished to facilitate establishment of interim principal use parking.

3. Requirements.

a. A permit for interim principal use surface parking may be issued for a period not to exceed three years. A permit for interim principal use surface parking may not be renewed or extended, and a new permit to reauthorize the principal use surface parking shall not be issued.

b. A permit for interim principal use surface parking may not be issued for property that is located within a riparian corridor, a shoreline habitat, a shoreline habitat buffer, a wetland, a wetland buffer, a steep slope, or a steep slope buffer pursuant to the provisions of Chapter 25.09, Regulations for Environmentally Critical Areas.

4. Standards. The following standards for interim principal use surface parking shall be met:

a. Measures shall be incorporated to shield vehicle lights to minimize glare on nearby uses;

b. The site shall, at a minimum, be improved with a crushed rock surface;

c. If a barrier-free parking space is required pursuant to the Washington State Building Code, Chapter 11 or other applicable law, then the barrier-free space shall be located adjacent to a paved sidewalk or an area of the site sufficient to accommodate the barrier-free space shall be paved;

d. In order to meet the landscaping requirements of the respective zone in which the parking use is to be located, temporary landscaping provided in planter boxes or similar containers may be substituted for required landscaping on site as determined by the Director;

e. Lighting shall be provided by light poles or an equivalent substitute for light poles that are between 10 feet and 30 feet in height from finished grade, but no higher than the height limit of the zone in which the site is located, and placed at intervals sufficient to light the entire parking lot with uniformity, provided that the lighting is shielded and directed away from adjacent uses.

f. No more than 40 new parking spaces shall be established on any site where interim light rail parking is permitted, except that institutions within a quarter mile of a light rail station that are not within the boundaries of the Station Area Overlay District may establish up to 100 spaces for interim rail parking.

H. Authorized intermittent, temporary, and interim uses do not interrupt any legally established permanent use of a property.

(Ord. 123565, § 1, 2011; Ord. 123106, § 6, 2009; Ord. 122816, § 2, 2008; Ord. 122198, § 1, 2006; Ord. 121563 § 2, 2004; Ord. 121277 § 1, 2003; Ord. 119904 § 1, 2000; Ord. 117263 § 4, 1994; Ord. 112840 § 1, 1986; Ord. 110381 § 1(part), 1982.)

23.42.042 Conditional uses

A. Administrative conditional uses and uses requiring Council approval as provided in the respective zones of Subtitle III, Part 2, of this Land Use Code, and applicable provisions of SMC Chapter 25.09, Regulations for Environmentally Critical Areas, may be authorized according to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

B. In authorizing a conditional use, the Director or City Council may impose conditions to mitigate adverse impacts on the public interest and other properties in the zone or vicinity.

C. The Director may deny or recommend denial of a conditional use if the Director determines that adverse impacts cannot be mitigated satisfactorily, or that the proposed use is materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

D. A use that was legally established but that is now permitted only as a conditional use is not a nonconforming use and will be regulated as if a conditional use approval had earlier been granted.

E. Any authorized conditional use that has been discontinued may not be re-established or recommenced except pursuant to a new conditional use permit. The following will constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the lot has been issued and the new use has been established; or

2. The lot has not been used for the purpose authorized by the conditional use for more than 24 consecutive months. Lots that are vacant, or that are used only for storage of materials or equipment, will not be considered as being used for the purpose authorized by the conditional use. The expiration or revocation of business or other licenses necessary for the conditional use will suffice as evidence that the lot is not being used as authorized by the conditional use. A conditional use in a multifamily structure or a multi-tenant commercial structure will not be considered discontinued unless all portions of the structure are either vacant or committed to another use.

(Ord. No. 123209, § 4, 2009; Ord. 122311, § 21, 2006; Ord. 117570 § 13, 1995: Ord. 116262 § 5, 1992: Ord. 112522 § 8, 1985.)

23.42.044 Construction-Related Parking.

A. When reviewing permit applications under this Code, the Director may require the applicant to avoid or mitigate potential parking impacts caused by construction activity and temporary construction-worker parking. Mitigation may include, but is not limited to, requiring parking for construction workers to be located on the construction site.

B. Temporary parking facilities provided for construction workers are exempt from the parking requirements of the underlying zone and the parking requirements of SMC 23.54.

C. Temporary parking provided for construction workers must be terminated or removed when construction is completed.

(Ord. 122670, § 2, 2008.)

23.42.050 Home occupations

A home occupation of a person residing in a dwelling unit is permitted outright in that dwelling unit in all zones as an accessory use to any residential use permitted outright or to a permitted residential conditional use, in each case subject to the standards of this Section.

A. The occupation shall be clearly incidental to the use of the dwelling unit as a dwelling.

B. Commercial deliveries and pickups to the dwelling unit shall be limited to one per day Monday through Friday. No commercial deliveries or pickups shall be permitted on Saturday, Sunday or federal holidays.

C. To discourage drop-in traffic, the address of the home occupation shall not be given in any advertisement, including but not limited to commercial telephone directories, newspapers, magazines, signs, flyers, radio, television or other media. Addresses may be listed on business cards, but a statement must be included to the effect that business is by appointment only.

D. The occupation shall be conducted only within the principal structure or in an accessory dwelling unit. Parking of vehicles associated with the home occupation shall be permitted anywhere that parking is permitted on the lot.

E. To preserve the residential appearance of the dwelling unit, there shall be no evidence of the occupation from the exterior of the structure; provided that outdoor play areas for child care programs and outdoor activities customarily incidental to the residential use shall be permitted. No outdoor storage shall be permitted in connection with a home occupation.

F. To preserve the residential character and use of the dwelling unit, only internal alterations customary to residential use shall be permitted, and no external alterations shall be permitted to accommodate a home occupation, except as required by licensing or construction codes for child care programs.

G. Except for child care programs, not more than one person, whether full-time or part-time, who is not a resident of the dwelling unit may work in the dwelling unit of the home occupation whether or not compensated. This includes persons working off-site who come to the site for business purposes at any time as well as persons working on site.

H. The home occupation shall not cause or add to on-street parking congestion or cause a substantial increase in traffic through residential areas.

I. A maximum of two passenger vehicles, vans and similar vehicles each not exceeding a gross vehicle weight of 10,000 pounds shall be permitted to operate in connection with the home occupation.

J. The home occupation shall be conducted so that odor, dust, light and glare, and electrical interference and other similar impacts are not detectable by sensory perception at or beyond the property line of the lot where the home occupation is located.

K. Signs are regulated by Chapter 23.55.

L. Child care programs in the home of the operator are limited to 12 children per day including the children of the operator.

(Ord. 123649, § 8, 2011; Ord. 122311, § 22, 2006)

23.42.051 Urban farms

A. All Urban Farms in Residential Zones. In all residential zones all urban farms are subject to the following provisions:

1. Mechanical equipment. Only mechanical equipment designed for household use may be used.

2. Sales. Retail sales and all other public use of the farm shall begin no earlier than 7:00 a.m. and end by 7:00 p.m. every day of the week.

3. Deliveries. Commercial deliveries and pickups are limited to one per day. On-site sales are not considered commercial pickups.

4. Motor vehicles. No more than two motor vehicles, each with a gross vehicle weight of 10,000 pounds or less, may be used for farm operations.

5. Location. The farm shall be located on the same lot as the principal use to which it is accessory or on a lot where the planting area is within 800 feet of the lot where the principal use is located.

6. Signs. One identification sign is permitted, not exceeding 64 square inches in area.

7. Structures. On a lot with no principal structure:

a. The total gross floor area of all structures for urban farm use may not exceed 1,000 square feet.

b. Structures for urban farm use may not exceed 12 feet in height, including any pitched roof.

c. Structures for urban farm use are also subject to the development standards that would apply to an accessory structure in the zone.

B. Urban Farms Requiring Conditional Use Permits in Residential Zones. If an urban farm in a residential zone requires an administrative conditional use permit, the provisions of this subsection 23.42.051.B also apply. The Director may approve, condition or deny a conditional use permit based on the general conditional use criteria applicable in the zone and based on potential impacts of the types described in this subsection 23.42.051.B.

1. Management Plan. The applicant shall provide a proposed urban farm management plan that addresses any probable impacts of the type described in this subsection 23.42.051.B and includes any proposed mitigation measures. The plan shall include, without limitation:

a. a site plan;

b. description of the type of equipment necessary or intended for use in each season and the frequency and duration of anticipated use;

c. disclosure of any intent to spray or otherwise apply agricultural chemicals or pesticides, frequency and duration of application, and the plants, diseases, pests or other purposes they are intended for;

d. disclosure of whether the operation of the farm would involve 750 square feet or more of land-disturbing activity, or would otherwise require drainage approval under Chapter 22.800 et seq.; and

e. a proposed sediment and erosion control plan.

2. Potential Impacts and Mitigation. The Director, in determining whether to approve, approve with conditions or deny the application, shall consider the potential impacts and mitigation, including:

a. Water Quality and Soils. Impacts of irrigation run-off on adjacent properties, water bodies and environmentally critical areas, and proposed sediment and erosion control measures.

b. Traffic and Parking. Impacts related to the number of staff onsite during work hours, and the number of potential visitors regularly associated with the site.

c. Visual Impacts and Screening. Visual impacts relating to the proposed nature, location, design, and size of proposed features, structures and activities, including the location of composting activities and planting areas, and any existing or proposed screening.

d. Noise and Odor. Impacts related to the location on the lot of the proposed urban farm, any trash or compost storage areas, any farm stand or additional accessory structure, and any other noise-generating or odor-generating equipment and practices.

e. Agricultural Chemicals. Impacts related to the use of chemicals, including any fertilizer and pesticide.

f. Mechanical Equipment. Impacts related to the operation of equipment, including noise, odors, and vibration.

3. Conditions of Approval. Conditions of approval may include, without limitation:

a. measures such as landscaping or fences to mitigate potential visual impacts on adjacent property and public areas;

b. measures such as landscaping, sound barriers or fences, mounding or berming, adjustments to location of parking or yard standards, structure design modifications, and limited hours of operation for facilities or activities, to mitigate potential noise and/or odor impacts; and

c. measures related to operation of the urban farm consistent with some or all of the provisions of the urban farm management plan, with any amendments required or permitted by the Director.

C. Odors or Fumes. In all zones, no odors or fumes from an urban farm shall be allowed to escape into the open air in such amounts as to be detrimental to the health of any individuals or the public; or noticeable, discomforting or disagreeable so as to offend the sensibilities of a reasonable individual at a distance of more than 200 feet from an urban farm.

(Ord. 123378, § 2, 2010.)

23.42.052 Keeping of animals

The keeping of small animals, farm animals, domestic fowl and bees is permitted outright in all zones as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the standards of this Section 23.42.052.

A. Small Animals. Up to three small animals may be kept accessory to each business establishment, other than an urban farm, or dwelling unit on a lot, except as follows:

1. In no case is more than one miniature potbelly pig allowed per business establishment or dwelling unit (see subsection 23.42.052.B).

2. In single-family zones,

a. accessory dwelling units shall not be considered separate dwelling units for the purpose of this Section 23.42.052;

b. up to four small animals are permitted on lots of at least 20,000 square feet; and

c. one additional small animal is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet. Accessory structures, including kennels, for four or more animals must be at least 10 feet from any other lot in a residential zone.

B. Miniature Potbelly Pigs. That type of swine commonly known as the Vietnamese, Chinese, or Asian Potbelly Pig (Sus scrofa bittatus) may be kept as a small animal, provided that no swine that is greater than 22 inches in height at the shoulder or more than 150 pounds in weight may be kept in the city.

C. Domestic Fowl. Up to eight domestic fowl may be kept on any lot in addition to the small animals permitted in subsection 23.42.052.A.

1. On lots greater than 10,000 square feet that include either a community garden or an urban farm, one additional fowl is permitted for every 1,000 square feet of lot area over 10,000 square feet in community garden or urban farm use.

2. Roosters are not permitted.

3. Structures housing domestic fowl must be located at least 10 feet away from any structure that includes a dwelling unit on an adjacent lot.

D. Farm Animals. Cows, horses, sheep and other similar farm animals are permitted only on lots of at least 20,000 square feet. The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection 23.42.052.B.

1. One farm animal for every 10,000 square feet of lot area is permitted.

2. Farm animals and structures housing them must be kept at least 50 feet from any other lot in a residential zone.

E. Beekeeping. Beekeeping is permitted outright as an accessory use, when registered with the State Department of Agriculture, provided that:

1. No more than four hives, each with only one swarm, are allowed on lots of less than 10,000 square feet.

2. Hives shall not be located within 25 feet of any lot line except when situated 8 feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than 8 feet above the adjacent existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any lot line within 25 feet of a hive and extending at least 20 feet beyond the hive in both directions.

F. Miniature Goats. The types of goats commonly known as Pygmy, Dwarf and Miniature Goats may be kept as small animals, provided that male miniature goats are neutered and all miniature goats are dehorned. Nursing offspring of miniature goats licensed according to the provisions of this Code may be kept until weaned, no longer than 12 weeks from birth, without violating the limitations of subsection 23.42.052.A.

(Ord. 123378, § 3, 2010; Ord. 122508, § 1, 2007; Ord. 122311, § 23, 2006)

23.42.053 Community gardens

A. In all zones, the total gross floor area of all structures for community garden use may not exceed 1,000 square feet on any lot.

B. In all zones, structures for community garden use are limited to 12 feet in height, including any pitched roof.

C. Structures for community garden use are subject to the development standards of the zone as they apply to accessory structures.

(Ord. 123378, § 4, 2010.)

23.42.054 Transitional Encampments Accessory to Religious Facilities or to Other Principal Uses Located on Property Owned or Controlled by a Religious Organization

A. Transitional encampment accessory use. A transitional encampment is allowed as an accessory use on a site in any zone, if the established principal use of the site is as a religious facility or the principal use is on property owned or controlled by a religious organization, subject to the provisions of subsection 23.42.054.B. A religious facility site includes property developed with legally-established parking that is accessory to the religious facility. Parking accessory to a religious facility or located on property owned or controlled by a religious organization that is displaced by the encampment does not need to be replaced.

B. The encampment operator or applicant shall comply with the following provisions:

1. Allow no more than 100 persons to occupy the encampment site as residents of the encampment.

2. Comply with the following fire safety and health standards:

a. Properly space, hang, and maintain fire extinguishers within the encampment as required by the Fire Department;

b. Provide and maintain a 100-person first-aid kit;

c. Establish and maintain free of all obstructions access aisles as required by the Fire Department.

d. Install appropriate power protection devices at any location where power is provided;

e. Designate a smoking area;

f. Keep the site free of litter and garbage;

g. Observe all health-related requirements made by the Public Health Department of Seattle & King County; and

h. Post and distribute to encampment residents, copies of health or safety information provided by the City of Seattle, King County or any other public agency.

i. Prohibit any open flames except an outdoor heat source approved by the Fire Department.

3. Provide toilets, running water, and garbage collection according to the following standards:

a. Provide and maintain chemical toilets as recommended by the portable toilet service provider or provide access to toilets in an indoor location;

b. Provide running water in an indoor location or alternatively, continuously maintain outdoor running water and discharge the water to a location approved by the City; and

c. Remove garbage frequently enough to prevent overflow.

4. Cooking facilities, if they are provided, may be located in either an indoor location or outdoors according to the following standards:

a. Provide a sink with running water in an indoor location or alternatively, continuously maintain outdoor running water and discharge the water to a location approved by the City;

b. Provide a nonabsorbent and easily-cleanable food preparation counter;

c. Provide a means to keep perishable food cold; and

d. Provide all products necessary to maintain the cooking facilities in a clean condition.

5. Allow officials of the Public Health Department of Seattle & King County, the Seattle Fire Department, and Seattle Department of Planning and Development to inspect areas of the encampment that are located outdoors and plainly visible without prior notice to determine compliance with these standards.

C. A site inspection of the encampment by a Department inspector is required prior to commencing encampment operations.

D. Parking is not required for a transitional encampment allowed under this Section 23.42.054.

(Ord. 123729, § 1, 2011.)

23.42.100 Nonconformity– Applicability and intent.

A. The nonconformity provisions of this chapter apply to uses and sites in all zones, except for the shoreline overlay district (see Chapter 23.60).

B. It is the intent of these provisions to establish a framework for dealing with nonconformity that allows most nonconformities to continue. The Code facilitates the maintenance and enhancement of nonconforming uses and developments so they may exist as an asset to their neighborhoods. The redevelopment of nonconformities to be more conforming to current code standards is a long term goal.

(Ord. 120293 § 1 (part), 2001.)

23.42.102 Establishing nonconforming status.

A. Any use that does not conform to current zoning regulations, but conformed to applicable zoning regulations at any time and has not been discontinued as set forth in Section 23.42.104 is recognized as a nonconforming use or development. Any residential development in a residential, commercial or downtown zone that would not be permitted under current Land Use Code regulations, but which existed prior to July 24, 1957, and has not been discontinued as set forth by Section 23.42.104, is recognized as a nonconforming use or development. A recognized nonconforming use shall be established according to the provisions of subsections B through D of this section.

B. Any use or development for which a permit was obtained is considered to be established.

C. A use or development which did not obtain a permit may be established if the Director reviews and approves an application to establish the nonconforming use or development for the record.

D. For a use or development to be established pursuant to subsection C above, the applicant must demonstrate that the use or development would have been permitted under the regulations in effect at the time the use began, or, for a residential use or development, that the use or development existed prior to July 24, 1957 and has remained in continuous existence since that date. Residential development shall be subject to inspection for compliance with minimum standards of the Housing and Building Maintenance Code. (Chapters 22.200 through 22.208). Minimum standards of the Housing and Building Maintenance Code must be met prior to approval of any permit to establish the use and/or development for the record.

E. Nonconforming uses commenced after July 24, 1957 and not discontinued (Section 23.42.104) are also subject to approval through the process of establishing use for the record, if not established by permit. Residential nonconforming uses are subject to inspection under the Housing and Building Maintenance Code if in existence before January 1, 1976. Conformance to the Seattle Building Code in effect at the time a use first began is required if the use first existed after January 1, 1976.

(Ord. 120293 § 1 (part), 2001.)

23.42.104 Nonconforming uses.

A. Any nonconforming use may be continued, subject to the provisions of this section.

B. A nonconforming use that has been discontinued for more than 12 consecutive months shall not be reestablished or recommenced. A use is considered discontinued when:

1. A permit to permanently change the use of the lot or structure was issued and acted upon; or

2. The structure or a portion of a structure is not being used for the use allowed by the most recent permit, except that interruption of a nonconforming use by a temporary use authorized pursuant to Section 23.42.040, if no structures are demolished, is not a discontinuation of the previous nonconforming use; or

3. The structure is vacant, or the portion of the structure formerly occupied by the nonconforming use is vacant. The use of the structure is considered discontinued even if materials from the former use remain or are stored on the property. A multifamily structure with one or more vacant dwelling units is not considered vacant and the use is not considered to be discontinued unless all units in the structure are vacant.

4. If a complete application for a permit that would allow the nonconforming use to continue, or that would authorize a change to another nonconforming use, has been submitted before the structure has been vacant for 12 consecutive months, the nonconforming use shall not be considered discontinued unless the permit lapses or the permit is denied. If the permit is denied, the nonconforming use may be reestablished during the six months following the denial.

C. A nonconforming use that is disrupted by fire, act of nature, or other causes beyond the control of the owners may be resumed. Any structure occupied by the nonconforming use may be rebuilt in accordance with applicable codes and regulations to the same or smaller configuration existing immediately prior to the time the structure was damaged or destroyed.

1. Where replacement of a structure or portion of a structure is necessary in order to resume the use, action toward that replacement must be commenced within twelve (12) months after the demolition or destruction of the structure. Action toward replacement shall include application for a building permit or other significant activity directed toward the replacement of the structure. If this action is not commenced within this time limit, the nonconforming use shall lapse.

2. When the structure containing the nonconforming use is located in a PSM zone, the Pioneer Square Preservation Board shall review the exterior design of the structure before it is rebuilt to ensure reasonable compatibility with the design and character of other structures in the Pioneer Square Preservation District.

(Ord. 122816, § 3, 2008; Ord. 120293 § 1 (part), 2001.)

23.42.106 Expansion of nonconforming uses

A. A structure occupied by a nonconforming residential use may be maintained, repaired, renovated or structurally altered, but may not be expanded or extended, except:

1. As otherwise required by law or as necessary to improve access for the elderly or disabled; or

2. To construct or modify minor structural features on the principal structure including, but not limited to, exterior decks and balconies, bay windows, dormers, eaves and solar collectors added to a principal structure, or a new or expanded accessory structure may be constructed; provided that the addition or new accessory structure conforms to the development standards of the zone.

3. To construct or expand an accessory structure, provided that the addition or new structure conforms to the development standards of the zone.

B. In addition to the standards in subsection A, a structure in a single-family zone occupied by a nonconforming residential use may be allowed to expand subject to the following:

1. The number of dwelling units shall not be increased, except as may be allowed pursuant to Section 23.40.040 or Section 23.44.015.

2. For a nonconforming residential use that is not a multifamily use, except as may be allowed pursuant to Section 23.40.040 or Section 23.44.015, the number of residents may not be increased beyond the maximum number that was allowed by the standards of the zone at the time of approval; if originally permitted by conditional use, the number shall not be allowed to increase above the number permitted by the conditional use approval.

3. An expansion of no more than five hundred (500) square feet of gross floor area, meeting the development standards for single-family construction and not exceeding the average height of the closest principal structures on either side, is allowed.

4. An expansion greater than five hundred (500) square feet of gross floor area and/or exceeding the average height of the closest principal structures on either side may be approved by DPD through a special exception, Type II Master Use Permit, if the proposed expansion meets the development standards for single-family construction and is compatible with surrounding development in terms of:

a. Architectural character;

b. Existing streetscape and pattern of yards; and

c. Scale and proportion of principal structures.

5. If an addition proposed under subsections B3 or B4 of this section would require additional parking under the requirements of Section 23.54.015 for multifamily structures, that additional parking must be provided.

C. In multifamily zones, except in Lowrise 1 (LR1) zones, dwelling units may be added to a structure containing one or more nonconforming uses, even if in a structure nonconforming to development standards; provided that limitations on density shall apply. The structure may be expanded or extended, provided that the expansion or extension shall be for residential use, shall conform to the development standards of the zone, and shall not cause an already nonconforming structure to become more nonconforming to development standards.

D. A nonconforming nonresidential use shall not be expanded or extended, except as follows:

1. A structure occupied by a nonconforming nonresidential use may be maintained, repaired, renovated or structurally altered but shall not be expanded or extended except as otherwise required by law, as necessary to improve access for the elderly or disabled or as specifically permitted elsewhere in this Code.

2. In the Seattle Mixed zone, general manufacturing uses exceeding twenty-five thousand (25,000) square feet of gross floor area and heavy manufacturing uses may be expanded or extended by an amount of gross floor area not to exceed twenty (20) percent of the existing gross floor area of the use, provided that this exception may be applied only once to any individual business establishment.

E. For purposes of this section, live-work units shall be deemed a nonresidential use.

F. Structures meeting applicable development standards for institutions in the applicable zone may be added to existing cemeteries, but existing cemeteries shall not be expanded in size. For purposes of this section, a change in a cemetery boundary is not considered an expansion in size and is permitted provided that:

1. the change does not result in a net increase in the land area occupied by the cemetery;

2. the land being added to the cemetery is contiguous to the existing cemetery and is not separated from the existing cemetery by a public street or alley whether or not improved; and

3. the use of the land being added as a cemetery will not result in the loss of housing.

(Ord. 123649, § 9, 2011; Ord. 123495, § 14, 2011; Ord. 122311, § 24, 2006; Ord. 121782 § 8, 2005; Ord. 121477 § 2, 2004; Ord. 121276 § 7, 2003; Ord. 121196 § 1, 2003; Ord. 120609 § 4, 2001; Ord. 120293 § 1 (part), 2001.)

23.42.108 Change from nonconforming use to conforming use

A. In any zone, a nonconforming use may be converted to any conforming use if all development standards are met.

B. In single-family zones, a nonconforming use may be converted to single-family dwelling unit, even if all development standards are not met.

C. In multifamily zones, a nonconforming nonresidential use may be converted to residential use even though all development standards are not met, if:

1. any applicable limits on density are met;

2. any nonconformity with respect to parking is not increased as a result of the conversion; and

3. in LR1 zones the total number of dwelling units in an apartment is limited to three.

D. In commercial zones, a nonconforming use may be converted to any conforming use even if all development standards are not met.

E. In industrial zones, a nonconforming use may be converted to any conforming use even if all development standards are not met, provided that parking nonconformity shall not be increased as a result of the conversion.

(Ord. 123495, § 15, 2011; Ord. 122311, § 25, 2006; Ord. 120293 § 1 (part), 2001.)

23.42.110 Change from one nonconforming use to another nonconforming use

A nonconforming use may be converted by an administrative conditional use authorization to another use not otherwise permitted in the zone subject to the following limitations and conditions.

A. In single-family and residential small lot zones, a nonconforming multifamily residential use may not be converted to any nonresidential use not otherwise permitted in the zone.

B. The proposed new use must be no more detrimental to properties in the zone and vicinity than the existing use. This determination shall be based on consideration of the following factors:

1. The zones in which both the existing use and the proposed new use are allowed;

2. The number of employees and clients associated or expected with the proposed use;

3. The relative parking, traffic, light, glare, noise, odor and similar impacts of the two uses and how these impacts could be mitigated.

C. The existence of a single residential unit, such as a caretaker's or proprietor's unit, accessory to a nonconforming commercial use shall not be treated as having established a residential use, and such a unit may be converted or changed provided that it is the only residential use in the structure and comprises less than half of the total floor area of the structure.

D. Parking requirements for the proposed use shall be determined by the Director.

E. If the new use is permitted, the Director may require mitigation measures, including but not limited to landscaping, sound barriers or fences, mounding or berming, adjustments to yards or parking standards, design modification, or limiting hours of operation.

(Ord. 123495, § 16, 2011; Ord. 120293 § 1 (part), 2001.)

23.42.112 Nonconformity to development standards

A. A structure nonconforming to development standards may be maintained, renovated, repaired or structurally altered but may not be expanded or extended in any manner that increases the extent of nonconformity or creates additional nonconformity, except:

1. any portion of a principal structure in a single family zone that is nonconforming to front and/or rear yard requirements may be increased in height by up to 5 feet, but not to exceed the height limit of the zone, and only to the extent necessary to achieve minimum ceiling height in an existing basement or another floor within the principal structure to conform to the City's regulations for habitable rooms or to accommodate a pitched roof on the principal structure. If the height of a principal structure is being raised to increase ceiling height in a basement or another floor, existing porches or steps may extend into a required yard to the extent necessary to meet Building Code standards, but in no case shall they be located closer than 3 feet to any lot line.

2. mechanical equipment may be added or replaced, even if nonconformity is created by the addition or replacement, provided that the new mechanical equipment serves the same function as existing equipment;

3. as otherwise required by law;

4. as necessary to improve access for the elderly or disabled;

5. as specifically permitted for nonconforming uses and nonconforming structures elsewhere in this Land Use Code; or

6. Light poles nonconforming to height standards and located in parks may be moved or may be replaced by new light poles to the same height and configuration as the existing light poles.

B. A structure nonconforming to development standards and occupied by or accessory to a residential use may be rebuilt or replaced but may not be expanded or extended in any manner that increases the extent of nonconformity unless specifically permitted by this code.

1. A survey by a licensed Washington surveyor, or other documentation acceptable to the Director, documenting the extent of nonconformity and confirming that the plans to rebuild or replace a residential structure create no unpermitted increase in nonconformity shall be required prior to approval of any permit to rebuild or replace a nonconforming residential structure.

2. Additions to a rebuilt nonconforming residential structure that meet current development standards are allowed.

C. Any structure nonconforming to development standards that is destroyed by fire, act of nature, or other causes beyond the control of the owner, may be rebuilt to the same or smaller configuration existing immediately prior to the time the structure was destroyed.

D. Where replacement of a nonconforming structure or portion of a structure is permitted under this section, action toward that replacement must be commenced within twelve (12) months after the demolition or destruction of the structure, except for a nonconforming structure designated as a Landmark pursuant to Chapter 25.12. Action toward replacement of Landmark structures must be commenced within three (3) years after the demolition or destruction of the structure. Action toward replacement shall include application for a building permit or other significant activity directed toward the replacement of the structure. If this action is not commenced within this time limit, any replacement must conform to the existing development standards.

E. When the structure is located in a PSM zone, the Pioneer Square Preservation Board shall review plans for the exterior design of the structure to ensure compatibility with the design and character of other structures in the Pioneer Square Preservation District.

(Ord. 123649, § 10, 2011; Ord. 123046, § 10, 2009; Ord. 121762 § 1, 2005; Ord. 120293 § 1 (part), 2001.)

23.42.114 Multifamily structures nonconforming to development standards

The following provisions apply to multifamily structures nonconforming to development standards.

A. A multifamily structure nonconforming to development standards in a Lowrise 1 (LR1) zone may be expanded or extended if the expansion or extension conforms to the development standards of the zone and does not cause an already nonconforming structure to become more nonconforming to development standards.

B. Additional residential units may be added to a multifamily structure nonconforming to development standards if the addition conforms to the development standards of the zone and does not cause an already nonconforming structure to become more nonconforming to development standards.

(Ord. 123495, § 17, 2011; Ord. 120293 § 1 (part), 2001.)

23.42.116 Downtown structures nonconforming to development standards.

A. Portions of structures that do not conform to the standards for minimum street facade height and/or facade setback limits for the downtown zone in which they are located may be expanded if the expansion reduces the nonconformity as regards one or both of these standards and, in the opinion of the Director, is consistent with the intent of the Code. If the Director determines that greater conformity is not structurally feasible, the expansion may increase the nonconformity in respect to these standards if all other standards are met.

B. Portions of structures that do not conform to the standards for required street-level uses and/or the street facade requirements for transparency, blank facades, or screening of parking for the downtown zone in which they are located may be expanded if:

1. The expansion does not cause the structure to exceed the base FAR for the zone and the nonconformity is not increased; or

2. When the nonconformity of the structure as regards these development standards is reduced, expansion of the structure up to the maximum FAR for the zone may be permitted by the Director through the use of the bonus system or transfer of development rights. The appropriate level of expansion and the required reduction or elimination of nonconformity shall be determined by the Director according to the following criteria:

a. The extent of the proposed expansion,

b. The impact of the proposed expansion on the pedestrian environment,

c. The amount of the existing nonconformity, and

d. The structural feasibility of remodeling the structure to meet these development standards.

(Ord. 120293 § 1 (part), 2001.)

23.42.118 Landmark structures.

A. Landmark structures may be expanded even if the expansion increases the extent of nonconformity, when the Landmarks Board determines that there is no feasible alternative that meets the development standards of the zone while preserving the integrity of the landmark structure.

B. The Director may permit the proposed expansion if it is approved by the Landmarks Board and if:

1. The expansion does not have a significant adverse effect on the light, air, solar and visual access of properties within a three hundred (300) foot radius; and

2. The expansion does not adversely affect the pedestrian environment in the vicinity.

(Ord. 120293 § 1 (part), 2001.)

23.42.120 Access easement nonconformity.

A structure located on a lot nonconforming as to access easement requirements may be replaced, provided that the number of dwelling units to which access is provided by the easement shall not be increased and the new structure shall conform to all other development standards of the zone.

(Ord. 120293 § 1 (part), 2001.)

23.42.122 Height nonconformity

A. Single-family and multifamily zones.

1. In single-family zones, a principal structure nonconforming as to height may be expanded or extended to add eaves, dormers and/or clerestories to an existing pitched roof if the additions are constructed below the highest point of the roof. An existing pitched roof that is above the height limit may not be converted into a flat roof, nor shall the slope of the roof be reduced to less than a 4:12 pitch.

2. In multifamily zones, a structure nonconforming as to height may be expanded or extended to add eaves, dormers and/or clerestories to an existing pitched roof if the additions are constructed below the highest point of the roof, pursuant to Section 23.45.514. An existing pitched roof that is above the height limit may not be converted into a flat roof, nor shall the slope of the roof be reduced to less than a 6:12 pitch.

B. Structures originally constructed in manufacturing zones, under Seattle Municipal Code Title 24, that exceed the permitted height in zones with height limits of thirty (30) feet, forty (40) feet, or sixty-five (65) feet shall be limited to an FAR (floor area ratio) of two and one-half (2 1/2). Structures that exceed the permitted height in zones allowing heights greater than sixty-five (65) feet shall be limited to the FAR permitted in the respective zones.

(Ord. 123649, § 11, 2011; Ord. 123495, § 18, 2011; Ord. 120293 § 1 (part), 2001.)

23.42.124 Light and glare standards nonconformity

When nonconforming exterior lighting is replaced, new lighting shall conform to the requirements of the light and glare standards of the respective zone. See subsection H of Section 23.44.008 for single-family zones; Sections 23.45.017 and 23.45.534 for multifamily zones; Section 23.46.020 for residential- commercial zones; Section 23.47A.022 for C zones or NC zones; Section 23.48.030 for Seattle Mixed zones; Section 23.49.025 for downtown zones; and Section 23.50.046 for industrial buffer and industrial commercial zones.

(Ord. No. 123209, § 5, 2009; Ord. 122311, § 26, 2006; Ord. 122054 § 7, 2006; Ord. 120293 § 1 (part), 2001.)

23.42.126 Outdoor storage areas nonconformity.

A. An outdoor storage area nonconforming as to screening and landscaping shall be required to be screened and landscaped at the time of any structural alteration or expansion of the outdoor storage area or the structure with which it is associated according to the provisions of:

1. Subsection D2 of Section 23.47A.016, if located in a NC zone or C zone;

2. Section 23.48.024, if located in the Seattle Mixed (SM) zone;

3. Subsection C of Section 23.50.016, if located on an industrial street designated for landscaping;

4. Section 23.50.036, if located in an Industrial Buffer zone; and/or

5. Section 23.50.038, if located in an Industrial Commercial zone.

B. A business establishment in an NC1, NC2, NC3, or SM zone with a nonconforming outdoor storage area may be extended, structurally altered or expanded if the outdoor storage area is not expanded and if it is screened and landscaped according to the standards of subsection D2 of Section 23.47A.016, or Section 23.48.024 if the business is in the SM zone.

C. A nonconforming use with a nonconforming outdoor storage area may be structurally altered, but not expanded, if the outdoor storage area is not expanded and if it is screened and landscaped according to the standards of subsection D2 of Section 23.47A.016, or Section 23.48.024 if the nonconforming use with the nonconforming outdoor storage area is in the SM zone.

(Ord. 122311, § 27, 2006; Ord. 121782 § 9, 2005; Ord. 120293 § 1 (part), 2001.)

23.42.128 Parking nonconformity.

A. Existing parking deficits of legally established uses shall be allowed to continue even if a change of use occurs. This provision shall not apply to a change of use to one defined as a heavy traffic generator.

B. Nonconforming parking areas or nonconforming parking within structures may be restriped according to the standards of Section 23.54.030, Parking space standards.

C. Parking areas that are nonconforming uses may be restriped according to the standards of Section 23.54.030, Parking space standards.

D. In commercial zones, surface parking areas that are nonconforming due to lack of required landscaping and are proposed to be expanded by ten (10) percent or more in number of parking spaces or in area are required to be screened and landscaped according to the standards of Section 23.47A.016, or in the Seattle Mixed (SM) zone, according to Section 23.48.024, to the extent feasible as determined by the Director.

E. See subsection C6 of Section 23.71.008 for requirements in the Northgate Overlay District regarding elimination of nonconformities with respect to location, screening and landscaping of existing parking areas along major pedestrian streets.

(Ord. 122311, § 28, 2006; Ord. 121782 § 10, 2005; Ord. 120293 § 1 (part), 2001.)

23.42.130 Nonconforming solar collectors

The installation of solar collectors that do not conform to development standards or that increase an existing nonconformity may be permitted as follows:

A. In single-family zones, pursuant to subsection B of Section 23.44.046;

B. In multifamily zones, pursuant to Section 23.45.582;

C. In NC zones or C zones, pursuant to subsection Section 23.47A.012 E.

(Ord. No. 123209, § 6, 2009; Ord. 122311, § 29, 2006; Ord. 120293 § 1 (part), 2001.)

Chapter 23.43
RESIDENTIAL SMALL LOT

Sections:

23.43.006 Residential Small Lot zone, principal uses permitted outright

23.43.008 Development standards for one dwelling unit per lot

23.43.010 Tandem housing

23.43.012 Cottage Housing Developments (CHDs)

23.43.040 Accessory uses and structures

23.43.006 Residential Small Lot zone, principal uses permitted outright

The following principal uses are permitted outright in the Residential Small Lot (RSL) zone:

A. Single-family Dwelling Unit on One Lot. The designation RSL without a suffix shall indicate that a detached single-family dwelling unit on one lot is the only residential structure type allowed in the zone.

B. Tandem Houses, pursuant to a neighborhood plan adopted or amended by the City Council after January 1, 1995. The designation RSL/T shall indicate that in addition to detached single-family dwelling units on individual lots, tandem houses are allowed in the zone.

C. Cottage Housing Developments, pursuant to a neighborhood plan adopted or amended by the City Council after January 1, 1995. The designation RSL/C shall indicate that in addition to detached single-family dwelling units on individual lots, cottage housing developments are allowed in the zone.

D. The designation RSL/TC shall indicate that in addition to detached single-family dwelling units on individual lots, tandem houses and cottage housing developments are allowed in the zone.

E. Parks and open space, and community gardens.

(Ord. 123378, § 5, 2010; Ord. 117430 § 41 (part), 1994.)

23.43.008 Development standards for one dwelling unit per lot

A. Lot Area. Minimum lot area for one (1) detached dwelling unit shall be two thousand five hundred (2,500) square feet.

B. Height Limit and Roof Pitch. The basic height limit shall be twenty-five (25) feet. The ridge of pitched roofs with a minimum slope of four to twelve (4:12) may extend above the height limit to thirty (30) feet. All parts of the roof above twenty-five (25) feet shall be pitched.

C. Structure Depth. The depth of any structure shall not exceed sixty (60) feet. Decks, balconies, and bay windows shall be excluded from measurement for the purposes of this provision.

D. Yards and setbacks.

1. Front and rear yards.

a. The sum of the front yard plus the rear yard shall be a minimum of 30 feet.

b. In no case shall either yard have a depth of less than 10 feet.

c. If recommended in a neighborhood plan adopted or amended by the City Council after January 1, 1995, an ordinance designating an area as RSL may require front and/or rear yards greater than 10 feet, provided that the requirement of subsection 23.43.008.D.1.a shall not be increased or decreased, and the requirement of subsection 23.43.008.D.1.b shall not be reduced.

2. Side setbacks. The required minimum side setback is 5 feet. The side setback may be averaged. No portion of the side setback shall be less than 3 feet, except as follows:

a. Street side setbacks shall be a minimum of 5 feet.

b. If an easement is provided along a side lot line of the abutting lot sufficient to leave a 10 foot separation between the two principal structures of the two lots, the required side setback may be reduced from the requirement of subsection 23.43.008.D.2. The easement shall be recorded with the King County Department of Records and Elections. The easement shall provide access for normal maintenance activities to the principal structure on the lot with less than the required side setback. No principal structure shall be located in the easement area, except that the eaves of a principal structure may project a maximum of 18 inches into the easement area. No portion of any structure, including eaves, shall cross the property line.

3. Exceptions from Standard Yard and Setback Requirements. The following parts of structures may project into a required yard or setback, provided that the applicable restrictions in subsections 23.43.008.D.3 and D.4 are met:

a. Uncovered porches or steps. Uncovered, unenclosed porches or uncovered, unenclosed steps that project into a required yard or setback, if the porch or steps are no higher than 4 feet on average above existing grade, are no closer than 3 feet to any side lot line, no wider than 6 feet, and project no more than 6 feet into a required front or rear yard. The heights of porches and steps are to be calculated separately.

b. Certain features of a structure.

1) External architectural features with no living area, such as chimneys, eaves, cornices and columns, that project no more than 18 inches into a required yard or setback.

2) Bay windows that are no wider than 8 feet and project no more than 2 feet into a required front or rear yard or street side setback.

3) Other external architectural features that include interior space such as garden windows, and project no more than 18 inches into a required yard or setback, starting a minimum of 30 inches above the height of a finished floor, and with maximum dimensions of 6 feet in height and 8 feet in width.

4. Limit on features on a façade. The combined area of features that project into a required yard or setback pursuant to subsection 23.43.008.D.3.b may not exceed 30 percent of the area of the facade on which the features are located.

E. Parking.

1. One (1) parking space per dwelling unit shall be required as provided for single-family structures in Chapter 23.54, Quantity and Design Standards for Access and Off-street Parking.

2. Access. Access to parking shall be from the alley when the property abuts a platted alley improved to the standards of subsection C of Section 23.53.030, Alley improvements in all zones, or when the Director determines that alley access is feasible and desirable to mitigate parking access impacts.

3. Location.

a. Parking shall be located on the same lot as the principal structure.

b. Parking may be in or under a structure, or outside a structure, provided that:

(1) Parking shall not be located in the front yard;

(2) Parking shall not be located in a side setback abutting a street or in the first ten (10) feet of a rear yard abutting a street.

(Ord. 123495, § 19, 2011; Ord. 123046, § 11, 2009; Ord. 122823, § 1, 2008; Ord. 117430 § 41 (part), 1994.)

23.43.010 Tandem housing

A. Density and Minimum Lot Area.

1. The maximum density shall be one (1) dwelling unit per two thousand five hundred (2,500) square feet of lot area.

2. A maximum of two (2) residential structures may be located on a lot used for tandem houses.

3. The minimum lot area for tandem houses shall be five thousand (5,000) square feet.

4. Accessory dwelling units shall not be permitted on a lot containing tandem houses.

B. Height Limit and Roof Pitch.

1. The basic height limit for new principal structures shall be eighteen (18) feet. Existing structures may remain and be expanded, provided that new portions of the structure shall not exceed the height limits of this subsection.

2. The ridge of pitched roofs with a minimum slope of six to twelve (6:12) may extend up to twenty-eight (28) feet. The ridge of pitched roofs with a minimum slope of four to twelve (4:12) may extend up to twenty-three (23) feet. All parts of the roof above eighteen (18) feet shall be pitched at the required slope.

C. Yards and Setbacks.

1. Front Yard. The front yard is required to be a minimum of 10 feet.

2. Interior Separation between Tandem Houses. The interior separation between the residential structures is required to be a minimum of 10 feet.

3. Rear Yard. Where no platted alley exists, the rear yard for a lot containing tandem houses shall be a minimum of 10 feet. Where a platted developed alley exists, this rear yard requirement does not apply.

4. Total Combined Yards. The total of the front yard, rear yard (if any), and the interior separation is required to be a minimum of 35 feet.

5. Modification of Front and Rear Yards. If recommended in a neighborhood plan adopted or amended by the City Council after January 1, 1995, an ordinance designating an area as RSL may require front and/or rear yard setbacks greater than 10 feet (except for rear yards where platted and developed alleys exist), subject to the provisions of subsections 23.43.010.C.1, C.2, C.3, and C.4, and provided that the required total combined yards does not exceed 35 feet.

6. Side Setbacks. The required minimum side setback is 5 feet. The side setback may be averaged. No portion of the side setback shall be less than 3 feet, except as follows:

a. Street side setbacks is required to be a minimum of 5 feet.

b. If an easement is provided along a side lot line of the abutting lot sufficient to leave a 10 foot separation between the two principal structures of the two lots, the required side setback may be reduced from the requirement of Section 23.43.010.C.6. The easement shall be recorded with the King County Department of Records and Elections. The easement shall provide access for normal maintenance activities on the principal structure on the lot with less than the required side setback. No principal structure shall be located in the easement area, except that eaves of a principal structure may project a maximum of 18 inches into the easement area. No portion of any structure, including eaves shall cross the property line.

7. Exceptions from Standard Yard, Setback and Interior Separation Requirements. For all developments, only structures that comply with the following may project into a required yard, setback or interior separation:

a. Uncovered Porches or Steps. Uncovered, unenclosed porches or uncovered, unenclosed steps that project into a required yard or setback, if the porch or steps are no higher than 4 feet on average above existing grade, no closer than 3 feet to any side lot line, no wider than 6 feet, and project no more than 6 feet into a required front or rear yard, and no more than 3 feet into the interior separation between residential structures. The heights of porches and steps are to be calculated separately.

b. Certain Features of a Structure.

1) External architectural features with no living area such as chimneys, eaves, cornices and columns, that project no more than 18 inches into a required yard, setback or interior separation between residential structures;

2) Bay windows that are no wider than 8 feet in width and project no more than 2 feet into a required front or rear yard or street side setback;

3) Other external architectural features that include interior space such as garden windows, and project no more than 18 inches into a required yard, setback, or interior separation between residential structures starting a minimum of 30 inches above the height of a finished floor, and with maximum dimensions of 6 feet in height and 8 feet in width;

4) The combined area of features that project into a required yard, setback or interior separation between residential structures pursuant to subsection 23.43.010. C.7.b may comprise no more than 30 percent of the area of the facade on which the features are located.

D. Lot Coverage. The maximum lot coverage shall be fifty (50) percent, subject to the exceptions noted in Section 23.44.010 D.

E. Parking.

1. One (1) parking space per dwelling unit shall be required, as provided for single-family structures in Chapter 23.54.

2. Access. Access to parking shall be from the alley when the property abuts a platted alley improved to the standards of subsection C of Section 23.53.030, Alley improvements in all zones, or when the Director determines that alley access is feasible and desirable to mitigate parking access impacts.

3. Location.

a. Parking shall be located on the same lot as the tandem houses.

b. Parking may be in or under a structure, or outside a structure, provided that:

(1) Parking shall not be located in the front yard;

(2) Parking shall not be located in a side setback abutting a street or the first ten (10) feet of a rear yard abutting a street.

F. Pedestrian Access to Public Right-of-way. There shall be an area of no less than ten (10) feet in width between each dwelling unit and a street or platted and developed alley. This access may be a driveway and/or cross any required yards.

(Ord. 123046, § 12, 2009; Ord. 117430 § 41 (part), 1994.)

23.43.012 Cottage Housing Developments (CHDs)

A. Accessory dwelling units shall not be permitted in cottage housing developments.

B. Density and Minimum Lot Area.

1. In cottage housing developments (CHDs), the permitted density shall be one (1) dwelling unit per one thousand six hundred (1,600) square feet of lot area.

2. Cottage housing developments shall contain a minimum of four (4) cottages arranged on at least two (2) sides of a common open space, with a maximum of twelve (12) cottages per development.

3. The minimum lot area for a cottage housing development shall be six thousand four hundred (6,400) square feet.

4. On a lot to be used for a cottage housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased.

C. Height Limit and Roof Pitch.

1. The height limit permitted for structures in cottage housing developments shall be eighteen (18) feet.

2. The ridge of pitched roofs with a minimum slope of six to twelve (6:12) may extend up to twenty-eight (28) feet. The ridge of pitched roofs with a minimum slope of four to twelve (4:12) may extend up to twenty-three (23) feet. All parts of the roof above eighteen (18) feet shall be pitched.

D. Lot Coverage and Floor Area.

1. The maximum lot coverage permitted for principal and accessory structures in cottage housing developments shall not exceed forty (40) percent.

2. The lot coverage for an individual principal structure in a cottage housing development shall not exceed six hundred fifty (650) square feet.

3. The total floor area of each cottage shall not exceed either 1.5 times the area of the main level or nine hundred seventy-five (975) square feet, whichever is less. Enclosed space in a cottage located either above the main level and more than twelve (12) feet above finished grade, or below the main level, shall be limited to no more than fifty (50) percent of the enclosed space of the main level, or three hundred seventy-five (375) square feet, whichever is less. This restriction applies regardless of whether a floor is proposed in the enclosed space, but shall not apply to attic or crawl spaces.

E. Yards and Setbacks.

1. Front Setback. The minimum front setback for cottage housing developments is an average of 10 feet, and at no point shall it be less than 5 feet.

2. Rear Yards. The rear yard for a cottage housing development shall be 10 feet.

3. Side Yards. The side yard for a cottage housing development shall be 5 feet. If there is a principal entrance along a side facade, the side yard shall be no less than 10 feet along that side for the length of the pedestrian route. This 10 foot side yard requirement applies only to a height of 8 feet above the access route.

4. Interior Separation. A minimum separation of 6 feet is required between principal structures. Facades of principal structures facing facades of accessory structures shall be separated by a minimum of 3 feet. If there is a principal entrance on an interior facade of either or both of the facing facades, the minimum separation shall be 10 feet.

5. Exceptions from Standard Yard, Setback and Interior Separation Requirements. For all developments, only structures that comply with the following may project into a required yard, setback or interior separation:

a. Uncovered Porches or Steps. Uncovered, unenclosed porches or uncovered, unenclosed steps that project into a required front setback, a side or a rear yard, if the porch or steps are no higher than 4 feet on average above existing grade, no closer than 3 feet to any side lot line, no wider than 6 feet, and project no more than 6 feet into a required front setback or rear yard. The heights of porches and steps are to be calculated separately. If an interior separation of 10 feet is required pursuant to subsection 23.43.012.E.4, uncovered, unenclosed steps no higher than 4 feet on average above existing grade may project up to 3 feet into the interior separation. If an interior separation of 6 feet or less is required, porches and steps may not project into the interior separation.

b. Certain Features of a Structure.

1) External architectural features with no living area such as chimneys, eaves, cornices and columns, that project no more than 18 inches into a required yard or into a required interior separation between structures;

2) Bay windows that are no wider than 8 feet and project no more than 2 feet into a required front setback or rear yard;

3) Other external architectural features that include interior space such as garden windows, and project no more than 18 inches into a required front setback or rear yard, starting a minimum of 30 inches above the height of a finished floor, and with maximum dimensions of 6 feet in height and 8 feet in width;

4) The combined area of features that project into a required yard or interior separation pursuant to subsection 23.43.012.E.5.b may comprise no more than 30 percent of the area of the facade on which the features are located.

F. Required Open Space.

1. Quantity of Open Space. A minimum of four hundred (400) square feet per unit of landscaped open space is required. This quantity shall be allotted as follows:

a. A minimum of two hundred (200) square feet per unit shall be private usable open space; and

b. A minimum of one hundred fifty (150) square feet per dwelling unit shall be provided as common open space.

2. Development Standards.

a. Private usable open space shall be provided at ground level in one (1) contiguous parcel with a minimum area of two hundred (200) square feet. No horizontal dimension of the open space shall be less than ten (10) feet.

b. Required common open space shall be provided at ground level in one (1) contiguous parcel with a minimum area of one hundred fifty (150) square feet per unit. Each cottage shall abut the common open space, and the common open space shall have cottages abutting at least two (2) sides.

c. The minimum horizontal dimension for open space shall be ten (10) feet.

G. Parking

1. One (1) parking space per dwelling unit shall be required, as provided in Chapter 23.54.

2. Access. Access to parking shall be from the alley when property abuts a platted alley improved to the standards of subsection C of Section 23.53.030 or when the Director determines that alley access is feasible and desirable to mitigate parking access impacts.

3. Location.

a. Parking shall be on the same lot as the cottage housing development.

b. Parking may be in or under a structure, or outside a structure, provided that:

(1) The parking is screened from direct street view by one (1) or more street-facing facades, by garage doors, or by a fence and landscaping as provided in subsection D of Section 23.45.018.

(2) Parking outside a structure may not be located between cottages.

(3) Parking may not be located in the front yard.

(4) Parking may be located between any structure and the rear lot line of the lot, or between any structure and a side lot line which is not a street side lot line.

(Ord. 123046, § 13, 2009; Ord. 117430 § 41 (part), 1994.)

23.43.040 Accessory uses and structures

A. Accessory structures shall be permitted in the RSL zone under the following conditions:

1. New garages are subject to the yard and setback requirements of subsection 23.43.008.D when accessory to one detached structure per lot, of subsection 23.43.010.C when accessory to tandem houses, and of subsection 23.43.040.E when accessory to cottage housing.

2. When converted to principal use in tandem house developments, garages are subject to the development standards for tandem house principal structures.

3. Garages are limited to a height of 12 feet as measured on the facade containing the entrance for the vehicle.

4. Accessory structures other than garages are limited to 12 feet in height.

B. Solar Collectors and Solariums. Solar collectors are permitted outright as an accessory use to any principal use. Exceptions to certain development standards in this Chapter 23.43 are allowed for solar collectors and solariums, as set forth in this subsection 23.43.040.B, subject to the following standards:

1. Solar collectors, including solar greenhouses, that meet minimum standards and maximum size limits as determined by the Director shall not be counted in lot coverage.

2. Solar collectors, except solar greenhouses attached to principal structures, may exceed the height limits of the RSL zone by 4 feet or extend 4 feet above the ridge of a pitched roof. However, the total height from existing grade to the top of the solar collector may not extend more than 9 feet above the height limit established for the zone. A solar collector which exceeds the basic height limit for the zone shall be placed so as not to shade an existing solar collector or property to the north on January 21st, at noon, any more than would a structure built to the maximum permitted height and bulk.

3. Solar collectors and solar greenhouses meeting minimum written energy conservation standards administered by the Director may be located in required yards according to the following conditions:

a. In a side yard, no closer than 3 feet from the side lot line; or

b. In a rear yard, no closer than 15 feet from the rear lot line unless the rear lot line abuts an alley, in which case the solar collector shall be at least 10 feet from the centerline of the alley.

4. In a front yard, solar greenhouses meeting minimum written energy conservation standards administered by the Director and solariums, in each case that are integrated with the principal structure and have a maximum height of 12 feet, may extend up to 6 feet into the front yard, but no closer than 5 feet from the lot line.

C. Home Occupations. Home occupations are regulated by Section 23.42.050.

D. Common Structures in Cottage Housing Developments. Shared structures that are used by the occupants of more than one dwelling unit are allowed. Such structures may include meeting space, a food preparation area, sinks, and toilets, but shall not include either sleeping quarters or bathing facilities.

E. Urban farms are regulated by Section 23.42.051. Urban farms with not more than 4,000 square feet of planting area are permitted outright as an accessory use to any principal use that is permitted outright or allowed by conditional use permit. Urban farms with more than 4,000 square feet in planting area may be allowed by conditional use permit as an accessory use to any principal use that is permitted outright or allowed by conditional use permit. The Director may grant, condition, or deny a conditional use permit for an urban farm in accordance with the provisions in Section 23.42.051 and Section 23.42.042.

F. Transitional encampments accessory use. Transitional encampments accessory to religious facilities or to principal uses located on property owned or controlled by a religious organization are regulated by Section 23.42.054.

(Ord. 123729, § 2, 2011; Ord. 123378, § 6, 2010; Ord. 122311, § 30, 2006; Ord. 117430 § 41 (part), 1994.)

Chapter 23.44
RESIDENTIAL, SINGLE-FAMILY

Sections:

23.44.002 Applicability of provisions.

Subchapter I Principal Uses Permitted Outright

23.44.006 Principal Uses Permitted Outright

23.44.008 Development standards for uses permitted outright

23.44.010 Lot requirements

23.44.012 Height limits

23.44.013 Transportation concurrency level-of-service standards.

23.44.014 Yards

23.44.015 Allowance for larger households.

23.44.016 Parking and Garages

Subchapter II Conditional Uses

23.44.018 General provisions

Part 1 Administrative Conditional Uses

23.44.022 Institutions

23.44.024 Clustered housing planned developments.

23.44.026 Use of landmark structures.

23.44.028 Structures unsuited to uses permitted outright.

23.44.030 Park and pool lot.

23.44.032 Certain nonconforming uses.

Part 2 Council Conditional Uses

23.44.034 Planned residential development (PRD)

23.44.035 Communication utilities.

23.44.036 Public facilities

Subchapter III Accessory Uses

23.44.040 General Provisions

23.44.041 Accessory Dwelling Units

23.44.042 Urban farms

23.44.044 Swimming pools.

23.44.046 Solar collectors.

23.44.048 Keeping of animals.

23.44.050 Home occupations.

23.44.051 Bed and breakfasts

23.44.052 Open wet moorage.

23.44.053 Transitional encampments accessory use

23.44.058 Columbariums, garden wall crypts and mausoleums.

23.44.060 Uses accessory to parks and playgrounds

23.44.068 Heat recovery incinerator.

23.44.070 Recycling collection stations.

23.44.072 Roomers, boarders, lodgers.

23.44.002 Applicability of provisions.

This chapter details those authorized uses and their development standards which are or may be permitted in the three (3) single-family residential zones: SF 9600, SF 7200 and SF 5000. Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this chapter and additional regulations in Chapter 23.57.

(Ord. 120928 § 3, 2002: Ord. 116295 § 1, 1992: Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

Subchapter I
Principal Uses Permitted Outright

23.44.006 Principal Uses Permitted Outright

The following principal uses are permitted outright in single-family zones:

A. Single-family Dwelling Unit. One single-family dwelling unit per lot, except that an accessory dwelling unit may also be approved pursuant to Section 23.44.041, and except as approved as part of an administrative conditional use permit under Section 25.09.260;

B. Floating Homes. Floating homes, subject to the requirements of Chapter 23.60;

C. Parks and open space, and community gardens;

D. Existing railroad right-of-way;

E. Public Schools Meeting Development Standards. In all single-family zones, new public schools or additions to existing public schools, and accessory uses including child care centers, subject to the special development standards and departures from standards contained in Section Chapter 23.51B, except that departures from development standards may be permitted or required pursuant to procedures and criteria established in Chapter 23.79;

F. Uses in existing or former public schools:

1. Child care centers, public or private schools, educational and vocational training for the disabled, adult evening education classes, nonprofit libraries, community centers, community programs for the elderly or similar uses, in each case in existing or former public schools.

2. Other non-school uses in existing or former public schools, if permitted pursuant to procedures established in Chapter 23.78.

3. Additions to existing public schools only when the proposed use of the addition is a public school;

G. Nursing Homes. Nursing homes meeting the development standards of this Chapter 23.44, and limited to eight or fewer residents;

H. Adult Family Homes. Adult family homes, as defined and licensed by the state of Washington;

I. Commercially operating horse farms in existence before July 1, 2000 on lots greater than 10 acres, conforming to the limits on the number and location of farm animals and structures containing them set forth in Section 23.42.052.

(Ord. 123378, § 7, 2010; Ord. 123209, § 7, 2009; Ord. 123046, § 14, 2009; Ord. 122311, § 31, 2006; Ord. 119239 § 5, 1998; Ord. 118984 § 1, 1998; Ord. 117263 § 5, 1994; Ord. 117203 § 1, 1994; Ord. 117202 § 1, 1994; Ord. 114875 § 1, 1989; Ord. 112539 § 1, 1985; Ord. 110669 §§ 11, 32(part), 1982: Ord. 110381 § 1(part), 1982.)

23.44.008 Development standards for uses permitted outright

A. The development standards set out in this subchapter apply to principal and accessory uses permitted outright in single-family zones.

B. All structures or uses shall be built or established on a lot or lots.

C. Floating homes are subject to the provisions of Chapter 23.60, Shoreline Master Program, and are also subject to the parking provisions of this Chapter 23.44.008.

D. An exception from one specific standard does not relieve the applicant from compliance with any other standard.

E. Methods for measurements are provided in Chapter 23.86. Standards for parking access and design are provided in Chapter 23.54.

F. Except for a detached accessory dwelling unit, any structure occupied by a permitted use other than single-family residential use may be converted to single-family residential use even if the structure does not conform to the development standards for single-family structures. Expansions of converted nonconforming structures are regulated by Section 23.42.108. Conversion of structures occupied by nonconforming uses are regulated by Sections 23.42.108 and 23.42.110.

G. Development standards governing lots containing an environmentally critical area or buffer may be modified according to the provisions of Chapter 25.09.

H. Exterior lighting shall be shielded and directed away from residentially zoned lots. The Director may require that the intensity of illumination be limited and that the location of the lighting be changed.

I. Tree Requirements.

1. Trees are required when single-family dwelling units are constructed. The minimum number of caliper inches of tree required per lot may be met by using either the tree preservation option or tree planting option described in subsections 23.44.008.I.1.a.or I.1.b., or by a combination of preservation and planting. This requirement may be met by planting or preserving street trees in the public right-of-way. Submerged land shall not be included in calculating lot area for purposes of either the tree preservation option or tree planting option.

a. Tree Preservation Option. For lots over 3,000 square feet, at least 2 caliper inches of existing tree per 1,000 square feet of lot area must be preserved. On lots that are 3,000 square feet or smaller, at least 3 caliper inches of existing tree must be preserved per lot. When this option is used, a tree preservation plan is required.

b. Tree Planting Option. For lots over 3,000 square feet, at least 2 caliper inches of tree per 1,000 square feet of lot area must be planted. On lots that are 3,000 square feet or smaller, at least 3 caliper inches of tree must be planted per lot.

2. Tree Measurements. Trees planted to meet the requirements in subsection 23.44.008.I.1 shall be at least 1.5 inches in diameter. The diameter of new trees shall be measured (in caliper inches) 6 inches above the ground. Existing trees shall be measured 4.5 feet above the ground. When an existing tree is 3 to 10 inches in diameter, each 1 inch counts as 1 inch toward meeting the tree requirements in subsection 23.44.008.I.1. When an existing tree is more than 10 inches in diameter, each 1 inch of the tree that is over 10 inches shall count as 3 inches toward meeting the tree requirement.

3. Tree Preservation Plans. If the tree preservation option is chosen, a tree preservation plan must be submitted and approved. Tree preservation plans shall provide for protection of trees during construction according to standards promulgated by the Director.

(Ord. 123649, § 12, 2011; Ord. 122190, § 4, 2006; Ord. 122050 § 4, 2006; Ord. 121276 § 37, 2003; Ord. 120293 § 4, 2001; Ord. 119792 § 1, 1999; Ord. 117263 § 6, 1994; Ord. 116262 § 6, 1992; Ord. 111390 § 5, 1983: Ord. 110669 §§ 12(part), 32(part), 1982: Ord. 110381 § 1(part), 1982.)

23.44.010 Lot requirements

A. Minimum Lot Area. The minimum lot area shall be:
S.F. ZoneMinimum Lot Area Required
S.F. 96009,600 sq. ft.
S.F. 72007,200 sq. ft.
S.F. 50005,000 sq. ft.

Submerged lands shall not be counted in calculating the area of lots for the purpose of these minimum lot area requirements, or the exceptions to minimum lot area requirements provided in this section.

B. Exceptions to Minimum Lot Area Requirements. The following exceptions to minimum lot area requirements are allowed, except as limited under subsection 23.44.010.B.2:

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

a. "The Seventy-Five/Eighty Rule."

1) If the lot was established as a separate building site in the public records of the county or City prior to July 24, 1957, by deed, contract of sale, mortgage, property tax segregation, platting or building permit and has an area of at least 75 percent of the minimum required lot area and at least 80 percent of the mean lot area of the lots on the same block face and within the same zone in which the lot is located (Exhibit A for 23.44.010), or

2) If the lot is or was created by subdivision, short subdivision or lot boundary adjustment, is at least 75 percent of the minimum required lot area, and is at least 80 percent of the mean lot area of the lots on the same block face within which the lot will be located and within the same zone (Exhibit A for 23.44.010).

3) For purposes of this subsection 23.44.010.B.1.a, if the platting pattern is irregular, the Director will determine which lots are included within a block face.

4) A determination whether a lot qualifies for this exception shall be made on the basis of facts in existence as of the date of application for a short plat or building permit for that lot.

b. The lot area deficit is the result of a dedication or sale of a portion of the lot to the City or state for street or highway purposes, payment was received for only that portion of the lot, and the lot area remaining is at least 50 percent of the minimum required.

c. The lot would qualify as a legal building site under subsection 23.44.010.B but for a reduction in lot area due to court-ordered adverse possession, and the amount by which the lot was so reduced was less than 10 percent of the former area of the lot. This exception does not apply to lots reduced to less than 50 percent of the minimum area required under subsection 23.44.010.A.

d. The lot was established as a separate building site in the public records of the county or City prior to July 24, 1957, by deed, contract of sale, mortgage, property tax segregation, platting or building permit, and falls into one of the following categories:

1) The lot has not been held in common ownership with any contiguous lot after January 17, 1987, or

2) The lot is or has been held in common ownership with a contiguous lot after January 17, 1987 and is or has been developed with a principal structure that is wholly within the lot's boundaries, but only if no portion of any contiguous lot is required to meet the least restrictive of lot area, lot coverage, setback or yard requirements that were in effect at the time of the original construction of the principal structure, at the time of its subsequent additions, or that are in effect at the time of redevelopment of the lot (Exhibit B for 23.44.010), or

3) The lot is or has been held in common ownership with a contiguous lot after January 17, 1987 and is not developed with all or part of a principal structure, but only if no portion of the lot is required to meet the least restrictive of lot area, lot coverage, setback or yard requirements that were in effect for a principal structure on the contiguous lot at the time of the construction of the principal structure, at the time of its subsequent additions, or that are in effect at the time of the development of the lot (Exhibit B for 23.44.010). If any portion of the lot to be developed has been used to meet the parking requirement in effect for a principal structure on a contiguous lot, such parking requirement must continue to be met on the lot to be developed or alternative parking that meets the requirements of this Land Use Code must be provided for the contiguous lot.

4) For purposes of subsection 23.44.010.B.1.d, removal of all or any part of a principal structure or destruction by fire or act of nature on or after January 18, 1987, does not qualify the lot for this minimum lot area exception (Exhibit C for 23.44.010) except that minor features containing no interior floor area including but not limited to eaves and unenclosed decks extending onto an adjacent property do not serve to tie the properties together for purposes of this exception, and these features may be removed to allow separate development of the lots if they otherwise qualify; or

e. The lot is within a Clustered Housing Planned Development pursuant to Section 23.44.024, a Planned Residential Development pursuant to Section 23.44.034, or a development approved as an environmentally critical areas conditional use pursuant to Section 25.09.260.

f. The lot is or was created by short subdivision of a lot containing more than one existing single family dwelling unit pursuant to Section 23.24.046.

2. Limitations.

a. Development may occur on a substandard lot containing a riparian corridor, a shoreline habitat and shoreline habitat buffer, a wetland and wetland buffer, or a steep slope and steep slope buffer pursuant to the provisions of Chapter 25.09, Regulations for Environmentally Critical Areas, if the following conditions apply:

1). The substandard lot is not held in common ownership with an adjacent lot or lots at any time after October 31, 1992, or

2). The substandard lot is held in common ownership with an adjacent lot or lots, or has been held in common ownership at any time after October 31, 1992, if proposed and future development will not intrude into the environmentally critical area or buffer.

b. Lots on totally submerged lands do not qualify for any minimum lot area exceptions.

C. Maximum Lot Coverage. The maximum lot coverage permitted for principal and accessory structures is as follows:
Lot SizeMaximum Lot Coverage
Less than 5,000 square feet (sq. ft.)1,000 sq. ft. + 15% of lot area
5,000 sq. ft. or more35% of lot area

D. Lot Coverage Exceptions.

1. Lots Abutting Alleys. For purposes of computing the lot coverage only:

a. The area of a lot with an alley or alleys abutting any lot line may be increased by 1/2 of the width of the abutting alley or alleys.

b. The total lot area for any lot may not be increased by the provisions of this section by more than 10 percent.

2. Special Structures and Portions of Structures. The following structures and portions of structures are not counted in lot coverage calculations:

a. Access Bridges. Uncovered, unenclosed pedestrian bridges 5 feet or less in width and of any height necessary for access;

b. Barrier-free Access. Ramps or other access for the disabled or elderly that comply with Washington State Building Code, Chapter 11;

c. Decks. Decks or parts of a deck that are 36 inches or less above existing grade;

d. Freestanding Structures and Bulkheads. Fences, freestanding walls, bulkheads, signs and other similar structures;

e. Underground Structures. An underground structure, or underground portion of a structure;

f. Eaves and Gutters. The first 36 inches of eaves and gutters that project from principal and accessory structures;

g. Solar collectors that comply with Section 23.44.046 and swimming pools that comply with Section 23.44.044.

(Ord. 123649, § 13, 2011; Ord. 123046, § 15, 2009; Ord. 122823, § 2, 2008; Ord. 122050 § 5, 2006; Ord. 121476 § 5, 2004; Ord. 119239 § 6, 1998; Ord. 118414 § 6, 1996; Ord. 117263 § 7, 1994; Ord. 116262 § 7, 1992; Ord. 116205 § 2, 1992; Ord. 115686 § 1, 1991; Ord. 113883 § 1, 1988; Ord. 113297 § 1, 1987; Ord. 113216 § 1, 1986; Ord. 111390 § 6, 1983; Ord. 110793 § 3, 1982; Ord. 110669 §§ 12(part), 32(part), 1982: Ord. 110381 § 1(part), 1982.)

1. Editor's Note: Ordinance 113216 was passed on December 15, 1986 and became effective on January 18, 1987.

2. Editor's Note: Ordinance 116253, which added Chapter 25.09, was adopted by the City Council on July 13, 1992.

3. Ordinance 116205 concerns interim controls on development of certain submerged lots. Section 2 of Ordinance 116431 amended § 6 of Ordinance 116205 as follows: Section 6. Duration of interim controls. This ordinance shall remain in effect until June 30, 1993, or until the effective date of permanent environmentally critical area regulations and submerged lands provisions included in the Seattle Shoreline Master Program, whichever comes first.

{/PICK;23-44-010-1;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-010-1.tif;36p;comptd;center;top;0;90;cc;normal;0;0;0;edge;edge;best;prior} {/CAPT;35p;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit A for 23.44.010\.

{/PICK;23-44-010-2;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-010-2.tif;36p;comptd;center;top;0;90;cc;normal;0;0;0;edge;edge;best;prior} {/CAPT;35p;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit B for 23.44.010\.

{/PICK;23-44-010-3;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-010-3.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;35p;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit C for 23.44.010\.

23.44.012 Height Limits

A. Maximum Height Established.

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

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

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

B. Pitched Roofs. The ridge of a pitched roof on a principal structure may extend up to five (5) feet above the maximum height limit, as determined under subsection 23.44.012.A above. All parts of the roof above the height limit must be pitched at a rate of not less than 4:12 (Exhibit A for 23.44.012). No portion of a shed roof, except on a dormer, shall be permitted to extend beyond the maximum height limit, as determined under subsection 23.44.012.A above. Roof forms including but not limited to barreled and domed roofs may be allowed under this subsection 23.44.012.B if the Director determines that the roof form remains within the massing of a pitched roof form such as a gable or gambrel roof that would otherwise be allowed by this subsection 23.44.012.B (Exhibit B for 23.44.012.

{/PICK;23-44-012-A;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-012-A.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

{/PICK;23-44-012-B;30p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-012-B.tif;30p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

C. Height Limit Exemptions.

1. Flagpoles. Except in the Airport Height Overlay District, Chapter 23.64, flagpoles are exempt from height limits, provided that they are no closer to any adjoining lot line than 50 percent of their height above existing grade, or, if attached only to a roof, no closer than 50 percent of their height above the roof portion where attached.

2. Other Features. Open rails and planters may extend no higher than the ridge of a pitched roof permitted under subsection 23.44.012.B or 4 feet above the maximum height limit in subsection 23.44.012.A. Planters on flat roofs shall not be located within 4 feet of more than 25 percent of the perimeter of the roof. For any structure with a green roof and having a minimum rooftop coverage of 50 percent, up to 24 inches of additional height above the height limit is allowed to accommodate structural requirements, roofing membranes, and soil. Chimneys may extend 4 feet above the ridge of a pitched roof or above a flat roof.

3. Projections that accommodate windows and result in additional interior space, including dormers, clerestories, skylights, and greenhouses, may extend no higher than the ridge of a pitched roof permitted pursuant to subsection 23.44.012.B, or 4 feet above the applicable height limit pursuant to subsection 23.44.012.A, whichever is higher, if all of the following conditions are satisfied (Exhibit D for 23.44.012:

a. The total area of these projections is limited to 30 percent of the area of each roof plane measured from the plan view perspective;

b. On pitched roofs, projections are limited to 10 feet in width with a minimum separation of 3 feet from other projections; and

c. On flat roofs, projections are set back at least 4 feet from exterior walls.

{/PICK;23-44-012-D;comptd;43p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-012-D.tif;comptd;43p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

4. Solar Collectors. For height exceptions for solar collectors, not including solar greenhouses, see Section 23.44.046.

5. For nonresidential principal uses, the following rooftop features may extend up to 10 feet above the maximum height limit, as long as the combined total coverage of all features does not exceed 15 percent of the roof area or 20 percent of the roof area if the total includes screened mechanical equipment:

a. Stair and elevator penthouses; and

b. Mechanical equipment.

6. Wind-driven power generators. Devices for generating wind power may be located on structures as a rooftop feature and may extend up to 10 feet above the maximum height limit set in subsections 23.44.012. A and 23.44.012.B, provided that the combined total coverage of all features does not exceed 15 percent of the roof area.

7. For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.010.

(Ord. 123649, § 14, 2011; Ord. 123564, § 5, 2011; Ord. 123046, § 16, 2009; Ord. 122823, § 3, 2008; Ord. 122190, § 5, 2006; Ord. 121476 § 6, 2004; Ord. 120928 § 4, 2002; Ord. 120609 § 5, 2001; Ord. 118414 § 7, 1996; Ord. 117263 § 8, 1994: Ord. 116295 § 2, 1992: Ord. 113883 § 2, 1988; Ord. 113401 § 1, 1987; Ord. 110793 § 4, 1982; Ord. 110669 §§ 12(part), 32(part), 1982: Ord. 110381 § 1(part), 1982.)

23.44.013 Transportation concurrency level-of-service standards.

Proposed uses in single-family zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

(Ord. 117383 § 3, 1994.)

23.44.014 Yards

Yards are required for every lot in a single-family zone. A yard that is larger than the minimum size may be provided.

A. Front Yards.

1. The front yard shall be either the average of the front yards of the single-family structures on either side or twenty (20) feet, whichever is less.

2. On any lot where the natural gradient or slope, as measured from the front line of the lot for a distance of sixty (60) feet or the full depth of the lot, whichever is less, is in excess of thirty-five (35) percent, the required front yard shall be either twenty (20) feet less one (1) foot for each one (1) percent of gradient or slope in excess of thirty-five (35) percent or the average of the front yards on either side, whichever is less.

3. In the case of a through lot, each yard abutting a street, except a side yard, shall be a front yard. Rear yard requirements shall not apply to the lot.

4. A larger yard may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones.

B. Rear Yards. The rear yard shall be twenty-five (25) feet.

The minimum required rear yard for a lot having a depth of less than one hundred twenty-five (125) feet shall be twenty (20) percent of the lot depth and in no case less than ten (10) feet.

When the required rear yard abuts upon an alley along a lot line, the centerline of the alley between the side lot lines extended shall be assumed to be a lot line for purposes of the provision of rear yard and the determination of lot depth; provided, that at no point shall the principal structure be closer than five (5) feet to the alley.

When a lot in any single-family zone abuts at the rear lot line upon a public park, playground or open water, not less than fifty (50) feet in width, the rear yard need not exceed the depth of twenty (20) feet.

C. Side Yards. The side yard shall be 5 feet except as follows:

1. In the case of a reversed corner lot, the key lot of which is in a single-family zone, the width of the side yard on the street side of the reversed corner lot shall be not less than 10 feet.

2. If the side yard of a lot borders on an alley, a single-family structure may be located in the required side yard, provided that no portion of the structure may cross the side lot line.

D. Exceptions from Standard Yard Requirements. No structure shall be placed in a required yard except pursuant to the following:

1. Garages. Garages may be located in required yard subject to the standards of Section 23.44.016.

2. Certain Accessory Structures in Side and Rear Yards.

a. Except for detached accessory dwelling units, any accessory structure that complies with the requirements of Section 23.44.040 may be constructed in a side yard that abuts the rear or side yard of another lot, or in that portion of the rear yard of a reversed corner lot within 5 feet of the key lot and not abutting the front yard of the key lot, upon recording with the King County Department of Records and Elections an agreement to this effect between the owners of record of the abutting properties.

b. Except for detached accessory dwelling units, any detached accessory structure that complies with the requirements of Section 23.44.040 may be located in a rear yard, provided that on a reversed corner lot, no accessory structure shall be located in that portion of the required rear yard that abuts the required front yard of the adjoining key lot, nor shall the accessory structure be located closer than 5 feet from the key lot's side lot line unless the provisions of subsections 23.44.014.D.2.a or 23.44.016.D.9 apply.

3. A single-family structure may extend into one side yard if an easement is provided along the side or rear lot line of the abutting lot, sufficient to leave a 10 foot separation between that structure and any principal structure on the abutting lot. The 10 foot separation shall be measured from the wall of the principal structure that is proposed to extend into a side yard to the wall of the principal structure on the abutting lot.

a. No structure or portion of a structure may be built on either lot within the 10 foot separation, except as provided in this section.

b. Accessory structures and features of and projections from principal structures, such as porches, eaves, and chimneys are permitted in the 10 foot separation area if allowed by subsection 23.44.014.D. For purposes of calculating the distance a structure or feature may project into the 10 foot separation, assume the property line is 5 feet from the wall of the principal structure proposed to extend into a side yard and consider the 5 feet between the wall and the assumed property line to be the required side yard.

c. No portion of any structure, including any projection, shall cross the property line.

d. The easement shall be recorded with the King County Department of Records and Elections. The easement shall provide access for normal maintenance activities to the principal structure on the lot with less than the required 5 foot side yard.

4. Certain Additions. Certain additions may extend into a required yard if the existing single-family structure is already nonconforming with respect to that yard. The presently nonconforming portion must be at least 60 percent of the total width of the respective facade of the structure prior to the addition. The line formed by the existing nonconforming wall of the structure is the limit to which any additions may be built, except as described below. Additions may extend up to the height limit and may include basement additions. New additions to the nonconforming wall or walls shall comply with the following requirements (Exhibit A for 23.44.014):

a. Side Yard. If the addition is a side wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than 3 feet to the side lot line;

b. Rear Yard. If the addition is a rear wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than 20 feet to the rear lot line or centerline of an alley abutting the rear lot line;

c. Front Yard. If the addition is a front wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than 15 feet to the front lot line;

d. If the nonconforming wall of the single-family structure is not parallel or is otherwise irregular, relative to the lot line, then the Director shall determine the limit of the wall extension, except that the wall extension shall not be located closer than specified in subsections 23.44.014.D.4.a, b, and c.

e. Roof eaves, gutters, and chimneys on such additions may extend an additional 18 inches into a required yard, but in no case shall such features be closer than 2 feet to the side lot line.

5. Uncovered Porches or Steps. Uncovered, unenclosed porches or steps may project into any required yard, if they are no higher than 4 feet on average above existing grade, no closer than 3 feet to any side lot line, no wider than 6 feet and project no more than 6 feet into required front or rear yards. The height of porches and steps are to be calculated separately.

6. Certain Features of a Structure. Unless otherwise provided elsewhere in this chapter, certain features of a structure may extend into required yards only if they comply with the following:

a. External architectural details with no living area, such as chimneys, eaves, cornices and columns, may project no more than 18 inches into any required yard;

b. Bay windows are limited to 8 feet in width and may project no more than 2 feet into a required front, rear, and street side yard;

c. Other projections that include interior space, such as garden windows, may extend no more than 18 inches into any required yard, starting a minimum of 30 inches above finished floor, and with maximum dimensions of 6 feet in height and 8 feet in width;

d. The combined area of features permitted by subsections 23.44.014.D.6.b and c may comprise no more than 30 percent of the area of the facade.

7. Covered Unenclosed Decks and Roofs Over Patios. Covered, unenclosed decks and roofs over patios, if attached to a principal structure, may extend into the required rear yard, but shall not be within 12 feet of the centerline of any alley, or within 12 feet of any rear lot line that is not an alley lot line, or closer to any side lot line in the required rear yard than the side yard requirement of the principal structure along that side, or closer than 5 feet to any accessory structure. The height of the roof over unenclosed decks and patios shall not exceed 12 feet. The roof over such decks or patios shall not be used as a deck.

8. Access Bridges. Uncovered, unenclosed pedestrian bridges 5 feet or less in width and of any height necessary for access, are permitted in required yards, except that in side yards an access bridge must be at least 3 feet from any side lot line.

9. Barrier-free Access. Access facilities for the disabled and elderly that comply with Washington State Building Code, Chapter 11 are permitted in any required yard.

10. Freestanding Structures and Bulkheads.

a. Fences, freestanding walls, bulkheads, signs and similar structures 6 feet or less in height above existing or finished grade, whichever is lower, may be erected in any required yard. The 6 foot height may be averaged along sloping grade for each 6 foot long segment of the fence, but in no case may any portion of the fence exceed 8 feet. Architectural features may be added to the top of the fence or freestanding wall above the 6 foot height if the features comply with the following: horizontal architectural feature(s), no more than 10 inches high, and separated by a minimum of 6 inches of open area, measured vertically from the top of the fence, are permitted if the overall height of all parts of the structure, including post caps, is no more than 8 feet. Averaging the 8 foot height is not permitted. Structural supports for the horizontal architectural feature(s) may be spaced no closer than 3 feet on center.

b. The Director may allow variation from the development standards listed in subsection 23.44.014.D.10.a, according to the following:

1) No part of the structure may exceed 8 feet; and

2) Any portion of the structure above 6 feet shall be predominately open, such that there is free circulation of light and air.

c. Bulkheads and retaining walls used to raise grade may be placed in any required yard when limited to 6 feet in height, measured above existing grade. A guardrail no higher than 42 inches may be placed on top of a bulkhead or retaining wall existing as of February 20, 1982. If a fence is placed on top of a new bulkhead or retaining wall, the maximum combined height is limited to 9 1/2 feet.

d. Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or 6 feet, whichever is greater. If the bulkhead is measured from the low side and it exceeds 6 feet, an open guardrail of no more than 42 inches meeting Building Code requirements may be placed on top of the bulkhead or retaining wall. A fence must be set back a minimum of 3 feet from such a bulkhead or retaining wall.

e. If located in shoreline setbacks or in view corridors in the Shoreline District as regulated in Chapter 23.60, structures shall not obscure views protected by Chapter 23.60, and the Director shall determine the permitted height.

11. Decks in Yards. Decks no higher than 18 inches above existing or finished grade, whichever is lower, may extend into required yards.

12. Mechanical equipment. Heat pumps and similar mechanical equipment, not including incinerators, are permitted in required yards if they comply with the requirements of Chapter 25.08, Noise Control. Any heat pump or similar equipment shall not be located within 3 feet of any lot line. Charging devices for electric cars are considered mechanical equipment and are permitted in required yards if not located within 3 feet of any lot line.

13. Solar Collectors. Solar collectors may be located in required yards, subject to the provisions of Section 23.44.046.

14. Front Yard Projections for Structures on Lots 30 Feet or Less in Width. For a structure on a lot that is 30 feet or less in width, portions of the front facade that begin 8 feet or more above finished grade may project up to 4 feet into the required front yard, provided that no portion of the facade, including eaves and gutters, shall be closer than 5 feet to the front lot line (Exhibit B for 23.44.014), and provided further that no portion of the façade of an existing structure that is less than 8 feet or more above finished grade already projects into the required front yard.

15. Front and rear yards may be reduced by 25 percent, but no more than 5 feet, if the site contains a required environmentally critical area buffer or other area of the property that cannot be disturbed pursuant to subsection A of Section 25.09.280.

16. Arbors. Arbors may be permitted in required yards under the following conditions:

a. In any required yard, an arbor may be erected with no more than a 40 square foot footprint, measured on a horizontal roof plane inclusive of eaves, to a maximum height of 8 feet. Both the sides and the roof of the arbor shall be at least 50 percent open, or if latticework is used, there shall be a minimum opening of 2 inches between crosspieces.

b. In each required yard abutting a street, an arbor over a private pedestrian walkway with no more than a 30 square foot footprint, measured on the horizontal roof plane and inclusive of eaves, may be erected to a maximum height of 8 feet. The sides of the arbor shall be at least 50 percent open, or if latticework is used, there shall be a minimum opening of 2 inches between crosspieces.

17. Cisterns. Rain barrels and cisterns may extend into a required yard according to the following:

a. Stand alone cisterns or connected systems shall be allowed without setback restrictions if each cistern is less than 4.5 feet tall excluding piping, less than 4 feet wide, and the system's total storage capacity is no greater than 600 gallons.

b. Larger cisterns or systems may be permitted in required yards provided that they do not exceed ten percent coverage in any required yard, and they are not located closer than 2.5 feet from a side lot line, 20 feet from a rear lot line or centerline of an alley abutting the rear lot line, or 15 feet from the front lot line.

E. Additional Standards for Structures if Allowed in Required Yards. Structures in required yards shall comply with the following:

1. Accessory structures, attached garages and portions of a principal structure shall not exceed a maximum combined coverage of 40 percent of the required rear yard. In the case of a rear yard abutting an alley, rear yard coverage shall be calculated from the centerline of the alley.

2. Any accessory structure located in a required yard shall be separated from its principal structure by a minimum of 5 feet. This requirement does not apply to terraced garages that comply with Section 23.44.016.D.9.b.

3. Except for detached accessory dwelling units in subsection 23.44.041.B, any accessory structure located in a required yard shall not exceed 12 feet in height or 1,000 square feet in area.

(Ord. 123649, § 15, 2011; Ord. 123141, § 2, 2009; Ord. 123046, § 17, 2009; Ord. 122823, § 4, 2008; Ord. 122190, § 6, 2006; Ord. 122050 § 6, 2006; Ord. 121476 § 7, 2004; Ord. 120410 § 5, 2001; Ord. 119791 § 6, 1999; Ord. 119239 § 7, 1998; Ord. 118794 § 16, 1997; Ord. 118414 § 8, 1996; Ord. 117263 § 9, 1994: Ord. 116262 § 8, 1992: Ord. 115326 § 4, 1990; Ord. 113883 § 3, 1988; Ord. 113401 § 2, 1987; Ord. 112971 § 4, 1986; Ord. 111390 § 7, 1983; Ord. 110669 §§ 12(part), 32(part), 1982: Ord. 110381 § 1(part), 1982.)

{/PICK;23-44-014-1;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-014-1.tif;34p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;33p;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit 23.44.014A\.

{/PICK;23-44-014-2;28p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-014-2.tif;28p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;27p;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit B for 23.44.014 Front yard projections permitted for structures on lots thirty feet or less in width.\.

23.44.015 Allowance for larger households.

The Director may allow larger numbers of unrelated persons to live together in a household than would otherwise be permitted in two situations: (1) through a grant of special accommodation, available only to domestic violence shelters as defined in Chapter 23.84A, and (2) through a grant of reasonable accommodation, available only to persons with handicaps as defined by federal law.

A. The Director may grant special accommodation to individuals who are residents of domestic violence shelters in order to allow them to live together in groups of between nine (9) and fifteen (15) persons in single-family dwelling units, according to the following:

1. An application for special accommodation must demonstrate to the satisfaction of the Director:

a. That the needs of the residents of the domestic violence shelter make it necessary for the residents to live together in a group of the size proposed; and

b. That adverse impacts on the neighborhood from the increased density will be mitigated.

2. The Director shall take into account the size, shape and location of the dwelling unit and lot, the traffic and parking conditions on adjoining and neighboring streets, the vehicle usage to be expected from residents, staff and visitors, and any other circumstances the Director determines to be relevant as to whether the proposed increase in density will adversely impact the neighborhood.

3. An applicant shall modify the proposal as needed to mitigate any adverse impacts identified by the Director or the Director shall deny the request for special accommodation.

4. A grant of special accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant's proposal and the Director's decision. If circumstances materially change or the number of residents increases, or if adverse impacts occur that were not adequately mitigated, the Director shall revoke the grant of special accommodation and require the number of people in the dwelling to be reduced to eight unless a new grant of special accommodation is issued for a modified proposal.

5. A decision to grant special accommodation is a Type 1 Master Use Permit decision (See Chapter 23.76) that shall be recorded with the King County Division of Records and Elections.

B. The Director may grant reasonable accommodation to individuals who are handicapped within the meaning of 42 U.S.C. 3602, in order for them to live in a household of more than eight (8) persons, according to the following:

1. An applicant for reasonable accommodation must demonstrate to the satisfaction of the Director that the handicap of the proposed residents makes it necessary for them to live in a household of the size proposed in order to have equal opportunity to use and enjoy a dwelling.

2. The Director shall determine what adverse land use impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. The Director shall take into account the size, shape and location of the dwelling unit and lot; the traffic and parking conditions on adjoining and neighboring streets; vehicle usage to be expected from residents, staff and visitors; and any other circumstances the Director determines to be relevant.

3. The Director shall consider the applicant's need for accommodation in light of the anticipated land use impacts, and the Director may impose conditions in order to make the accommodation reasonable in light of those impacts.

4. A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant's proposal and the Director's decision. If the Director determines that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the Director shall rescind or modify the decision to grant reasonable accommodation.

5. A decision to grant reasonable accommodation is a Type 1 Master Use Permit decision (see Chapter 23.76) that shall be recorded with the King County Division of Records and Elections.

6. Nothing herein shall prevent the Director from granting reasonable accommodation to the full extent required by federal or state law.

(Ord. 122311, § 32, 2006; Ord. 117202 § 25, 1994.)

23.44.016 Parking and Garages

A. Parking Quantity. Off-street parking is required pursuant to Section 23.54.015.

B. Access to Parking.

1. Vehicular access to parking from an improved street, alley or easement is required if parking is required pursuant to Section 23.54.015.

2. Access to parking is permitted through a required yard abutting a street only if the Director determines that one of the following conditions exists:

a. There is no alley improved to the standards of Section 23.53.030.C, and there is no unimproved alley in common usage that currently provides access to parking on the lot or to parking on adjacent lots in the same block; or

b. Existing topography does not permit alley access; or

c. A portion of the alley abuts a nonresidential zone; or

d. The alley is used for loading or unloading by an existing nonresidential use; or

e. Due to the relationship of the alley to the street system, use of the alley for parking access would create a significant safety hazard; or

f. Parking access must be from the street in order to provide access to a parking space that complies with the Washington State Building Code, Chapter 11.

C. Location of Parking.

1. Parking shall be located on the same lot as the principal use, except as provided in this subsection.

2. Parking on planting strips is prohibited.

3. For lots developed with one single family dwelling, no more than three vehicles may be parked outdoors on any lot.

4. Parking accessory to a floating home may be located on another lot if within 600 feet of the lot on which the floating home is located. The accessory parking shall be screened and landscaped according to subsection 23.44.016.G.

5. Parking accessory to a single-family structure existing on June 11, 1982, may be established on another lot if all the following conditions are met:

a. There is no vehicular access to permissible parking areas on the lot.

b. Any garage constructed is for no more than two two-axle, or two up to four-wheeled vehicles.

c. Parking is screened or landscaped as required by the Director, who shall consider development patterns of the block or nearby blocks.

d. The lot providing the parking is within the same block or across the alley from the principal use lot.

e. The accessory parking shall be tied to the lot of the principal use by a covenant or other document recorded with the King County Recorder.

D. Parking and Garages in Required Yards.

1. Parking and garages shall not be located in the required front yard except as provided in subsections 23.44.016.D.7, D.9, D.10, D.11 and D.12.

2. Parking and garages shall not be located in a required side yard abutting a street or the first 10 feet of a required rear yard abutting a street except as provided in subsections 23.44.016.D.7, D.9, D.10, D.11 and D.12.

3. Garages shall not be located in a required side yard that abuts the rear or side yard of another lot or in that portion of the rear yard of a reversed corner lot within 5 feet of the key lot's side lot line unless:

a. The garage is located entirely in that portion of a side yard that is either within 35 feet of the centerline of an alley or within 25 feet of any rear lot line that is not an alley lot line; or

b. An agreement between the owners of record of the abutting properties, authorizing the garage in that location, is executed and recorded, pursuant to subsection 23.44.014.D.2.a.

4. Detached garages with vehicular access facing an alley shall not be located within 12 feet of the centerline of the alley except as provided in subsections 23.44.016.D.9, D.10, D.11 and D.12.

5. Attached garages shall not be located within 12 feet of the centerline of any alley, nor within 12 feet of any rear lot line that is not an alley lot line, except as provided in subsections 23.44.016.D.9, D.10, D.11 and D.12.

6. On a reversed corner lot, no garage shall be located in that portion of the required rear yard that abuts the required front yard of the adjoining key lot unless the provisions of subsection 23.44.016.D.9 apply.

7. If access to required parking passes through a required yard, automobiles, motorcycles and similar vehicles may be parked on the open access located in a required yard.

8. Trailers, boats, recreational vehicles and similar equipment shall not be parked in required front and side yards or the first 10 feet of a rear yard measured from the rear lot line.

9. Lots With Uphill Yards Abutting Streets. Parking for one two-axle or one up to four-wheeled vehicle may be established in a required yard abutting a street according to subsection 23.44.016.D.9.a or b only if access to parking is permitted through that yard pursuant to subsection 23.44.016.B.

a. Open Parking Space.

1) The existing grade of the lot slopes upward from the street lot line an average of at least 6 feet above sidewalk grade at a line that is 10 feet from the street lot line; and

2) The parking area shall be at least an average of 6 feet below the existing grade prior to excavation and/or construction at a line that is 10 feet from the street lot line; and

3) The parking space shall be no wider than 10 feet for one parking space at the parking surface and no wider than 20 feet for two parking spaces if permitted as provided in subsection 23.44.016.D.12.

b. Terraced Garage.

1) The height of a terraced garage is limited to no more than 2 feet above existing or finished grade, whichever is lower, for the portions of the garage that are 10 feet or more from the street lot line. The ridge of a pitched roof on a terraced garage may extend up to 3 feet above this 2 foot height limit. All parts of the roof above the 2 foot height limit shall be pitched at a rate of not less than four to twelve (4:12). No portion of a shed roof shall be permitted to extend beyond the 2 foot height limit of this provision. Portions of a terraced garage that are less than 10 feet from the street lot line shall comply with the height standards in Section 23.44.016.E.2;

2) The width of a terraced garage structure shall not exceed 14 feet for one two-axle or one up to four-wheeled vehicle, or 24 feet if permitted to have two two-axle or two up to four-wheeled vehicles as provided in subsection 23.44.016.D.12;

3) All above ground portions of the terraced garage shall be included in lot coverage; and

4) The roof of the terraced garage may be used as a deck and shall be considered to be a part of the garage structure even if it is a separate structure on top of the garage.

10. Lots With Downhill Yards Abutting Streets. Parking, either open or enclosed in an attached or detached garage, for one two-axle or one up to four-wheeled vehicle may be located in a required yard abutting a street if the following conditions are met:

a. The existing grade slopes downward from the street lot line that the parking faces;

b. For front yard parking, the lot has a vertical drop of at least 20 feet in the first 60 feet, measured along a line from the midpoint of the front lot line to the midpoint of the rear lot line;

c. Parking is not permitted in required side yards abutting a street;

d. Parking in a rear yard complies with subsections 23.44.016.D.2, D.5 and D.6;

e. Access to parking is permitted through the required yard abutting the street by subsection 23.44.016.B; and

f. A driveway access bridge is permitted in the required yard abutting the street if necessary for access to parking. The access bridge shall be no wider than 12 feet for access to one parking space or 18 feet for access to two or more parking spaces. The driveway access bridge may not be located closer than 5 feet to an adjacent property line and shall not be included in lot coverage calculations.

11. Through Lots. On through lots less than 125 feet in depth, parking, either open or enclosed in an attached or detached garage, for one two-axle or one up to four-wheeled vehicle may be located in one of the required front yards. The front yard in which the parking may be located shall be determined by the Director based on the location of other garages or parking areas on the block. If no pattern of parking location can be determined, the Director shall determine in which yard the parking shall be located based on the prevailing character and setback patterns of the block.

12. Lots With Uphill Yards Abutting Streets or Downhill or Through Lot Front Yards Fronting on Streets That Prohibit Parking. Parking for two two-axle or two up to four-wheeled vehicles may be located in uphill yards abutting streets or downhill or through lot front yards as provided in subsections 23.44.016.D.9, D.10 or D.11 if, in consultation with Seattle Department of Transportation, it is found that uninterrupted parking for 24 hours is prohibited on at least one side of the street within 200 feet of the lot line over which access is proposed. The Director may authorize a curb cut wider than would be permitted under Section 23.54.030 if necessary for access.

E. Standards for Garages if Allowed in Required Yards. Garages that are either detached structures or portions of a principal structure for the primary purpose of enclosing a two-axle or four-wheeled vehicle may be permitted in required yards according to the following conditions:

1. Maximum Coverage and Size.

a. Garages, together with any other accessory structures and other portions of the principal structure, are limited to a maximum combined coverage of 40 percent of the required rear yard. In the case of a rear yard abutting an alley, rear yard coverage shall be calculated from the centerline of the alley.

b. Garages located in side or rear yards shall not exceed 1,000 square feet in area.

c. In front yards, the area of garages is limited to 300 square feet with 14 foot maximum width if one space is provided, and 600 square feet with 24 foot maximum width if two spaces are provided. Access driveway bridges permitted under Section 23.44.016.D.10.f shall not be included in this calculation.

2. Height Limits.

a. Garages are limited to 12 feet in height measured on the façade containing the entrance for the vehicle.

b. The ridge of a pitched roof on a garage located in a required yard may extend up to 3 feet above the 12 foot height limit. All parts of the roof above the height limit shall be pitched at a rate of not less than four to twelve (4:12). No portion of a shed roof is permitted to extend beyond the 12 foot height limit under this provision.

c. Open rails around balconies or decks located on the roofs of garages may exceed the 12 foot height limit by a maximum of 3 feet. The roof over a garage shall not be used as a balcony or deck in rear yards.

3. Separations. Any garage located in a required yard shall be separated from its principal structure by a minimum of 5 feet. This requirement does not apply to terraced garages that comply with Section 23.44.016.D.9.b.

4. Roof eaves and gutters of a garage located in a required yard may extend a maximum of 18 inches from the exterior wall of the garage. Such roof eaves and gutters are excluded from the maximum coverage and size limits of subsection 23.44.016.E.1 and the separation requirements of subsection 23.44.016.E.3, except that all portions of a detached garage, including projecting eaves and gutters, shall be separated by at least 5 feet from all portions of a principal structure, including any eaves and gutters of the principal structure.

5. Except for terraced garages that comply with Section 23.44.016.D.9.b, the roof over a garage in a rear yard shall not be used as a balcony or deck.

F. Appearance of Garage Entrances.

1. Garage Setback. No portion of a garage that is part of a principal structure may be closer to the street lot line than 80% of the remaining non-garage street-level facade (see Exhibit 23.44.016 A). If the entire street-level facade is garage, no portion of the garage may be closer to the street lot line than 80% of the facade of the story above the street-level facade.

{/PICK;23-44-016-A;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-016-A.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

2. Garage Entrance Width. The total combined horizontal width of all garage entrances located on the front facade may be up to 50 percent of the horizontal width of the front facade or 10 feet, whichever is greater. On corner lots, a garage entrance shall be allowed on only one street-facing facade.

3. Exemptions.

a. Garages allowed under 23.44.016 D9, D10, D11 and D12 are not subject to the standards of this subsection F.

b. The Director may modify the standards of this subsection F where irregular lot shape, topography, or structure configuration makes compliance with this subsection F unreasonable and when the modification will still achieve the objective of minimizing the visual impact of garage doors and walls from the street and adjacent properties.

G. Screening.

1. Parking accessory to floating homes when located on a separate lot from the floating homes shall be screened from direct street view by a fence or wall between five (5) and six (6) feet in height. When the fence or wall runs along the street front, there shall be a landscaped strip on the street side of the fence or wall. This strip may be between one (1) and five (5) feet deep, as measured from the property line, but the average distance from the property line to the fence shall be three (3) feet. Such screening shall be located outside any required sight triangle.

2. The height of the visual barrier created by the screen required by subsection 1 of this subsection shall be measured from street level. If the elevation of the lot line is different from the finished elevation of the parking surface, the difference in elevation may be measured as a portion of the required height of the screen, so long as the screen itself is a minimum of three (3) feet in height (see Exhibit 23.44.016 B).

(Ord. 123649, § 16, 2011; Ord. 123046, § 18, 2009; Ord. 122823, § 5, 2008; Ord. 121477 § 3, 2004; Ord. 119618 § 3, 1999; Ord. 118794 § 17, 1997; Ord. 118414 § 9, 1996; Ord. 118409 § 177, 1996: Ord. 117263 § 10, 1994; Ord. 115326 § 5, 1990; Ord. 113614 § 1, 1987; Ord. 112777 § 5, 1985; Ord. 112539 § 2, 1985; Ord. 111390 § 8, 1983; Ord. 110669 §§ 13(part), 32(part), 1982; Ord. 110381 § 1(part), 1982.)

{/PICK;23-44-016-B;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-016-B.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

Subchapter II
Conditional Uses*

------------

Editor's note: Ord. 123378, § 8, of 2010, amended the title of Subchapter II. Formerly, Subchapter II was entitled "Principal Conditional Uses."

------------

23.44.018 General provisions

A. Only those conditional uses identified in this subchapter may be authorized as conditional uses in single-family zones. The Master Use Permit Process set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, shall be used to authorize conditional uses.

B. Unless otherwise specified in this subchapter, conditional uses shall meet the development standards for uses permitted outright in Sections 23.44.008 through 23.44.016.

C. A conditional use may be approved, conditioned or denied based on a determination of whether the proposed use meets the criteria for establishing a specific conditional use and whether the use will be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

D. In authorizing a conditional use, the Director or Council may mitigate adverse negative impacts by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity in which the property is located.

E. Any use which was previously authorized by a conditional use permit but which has been discontinued shall not be reestablished or recommenced except pursuant to a new conditional use permit, provided that such permit is required for the use at the time re-establishment or recommencement is proposed. The following shall constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the property has been issued and the new use has been established; or

2. The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months.

Property which is vacant, except for dead storage of materials or equipment of the conditional use, shall not be considered as being devoted to the authorized conditional use. The expiration of licenses necessary for the conditional use shall be evidence that the property is not being devoted to the conditional use. A conditional use in a multifamily structure or a multitenant commercial structure shall not be considered as discontinued unless all units are either vacant or devoted to another use.

F. Minor structural work that does not increase usable floor area or seating capacity and that does not exceed the development standards applicable to the use shall not be considered an expansion, unless the work would exceed the height limit of the zone for uses permitted outright. Such work includes but is not limited to roof repair or replacement and construction of uncovered decks and porches, facilities for barrier-free access, bay windows, dormers, and eaves.

(Ord. 123046, § 20, 2009; Ord. 119239 § 8, 1998; Ord. 118794 § 18, 1997; Ord. 113262 § 1, 1986; Ord. 112890 § 1, 1986: Ord. 112522 § 9, 1985; Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

Part 1 Administrative Conditional Uses

23.44.022 Institutions

A. Institutions Identified. The following institutions may be permitted as conditional uses in single-family zones:

Community centers

Child care centers

Private schools

Religious facilities

Libraries

Existing institutes for advanced study

Other similar institutions

The following institutions are prohibited in single-family zones:

Hospitals

Colleges

Museums

Private clubs

Vocational schools

B. Major Institutions. Existing major institutions and major institution uses within an existing Major Institution overlay district shall be permitted in accordance with the provisions of Chapter 23.69, Major Institution Overlay Districts, and the provisions of this section.

C. Public schools shall be permitted as regulated in Section 23.51B.002.

D. General Provisions.

1. New or expanding institutions in single-family zones shall meet the development standards for uses permitted outright in Sections 23.44.008 through 23.44.016 unless modified elsewhere in this subsection or in a Major Institution master plan.

2. The establishment of a child care center in a legally established institution devoted to the care or instruction of children which does not violate any condition of approval of the existing institutional use and does not require structural expansion shall not be considered a new use or an expansion of the institutional use.

3. Institutions seeking to establish or expand on property that is developed with residential structures may expand their campus up to a maximum of 2 1/2 acres. An institution campus may be established or expanded beyond 2 1/2 acres if the property proposed for the expansion is substantially vacant land.

E. Dispersion.

1. The lot line of any proposed new or expanding institution, other than child care centers locating in legally established institutions, shall be located six hundred (600) feet or more from any lot line of any other institution in a residential zone, with the following exceptions:

a. An institution may expand even though it is within six hundred (600) feet of a public school if the public school is constructed on a new site subsequent to December 12, 1985.

b. A proposed institution may be located less than six hundred (600) feet from a lot line of another institution if the Director determines that the intent of the dispersion criteria is achieved due to the presence of physical elements such as bodies of water, large open spaces or topographical breaks or other elements such as arterials, freeways or nonresidential uses, which provide substantial separation from other institutions.

2. A proposed child-care center serving not more than twenty-five (25) children which does not meet the criteria of subsection E1 of this section may be permitted to locate less than six hundred (600) feet from a lot line of another institution if the Director determines that, together with the nearby institution(s), the proposed child care center would not:

a. Create physical scale and bulk incompatible with the surrounding neighborhood;

b. Create traffic safety hazards;

c. Create or significantly increase identified parking shortages; or

d. Significantly increase noise levels to the detriment of surrounding residents.

F. Demolition of Residential Structures. No residential structure shall be demolished nor shall its use be changed to provide for parking. This prohibition may be waived if the demolition or change of use proposed is necessary to meet the parking requirements of this Land Use Code and if alternative locations would have greater noise, odor, light and glare or traffic impacts on surrounding property in residential use. If the demolition or change of use is proposed for required parking, the Director may consider waiver of parking requirements in order to preserve the residential structure and/or use. The waiver may include, but is not limited to, a reduction in the number of required parking spaces and a waiver of parking development standards such as location or screening.

G. Reuse of Existing Structures. Existing structures may be converted to institution use if the yard requirements for institutions are met. Existing structures which do not meet these yard requirements may be permitted to convert to institution use, provided that the Director may require additional mitigating measures to reduce impacts of the proposed use on surrounding properties.

H. Noise and Odors. For the purpose of reducing potential noise and odor impacts, the Director shall consider the location on the lot of the proposed institution, on-site parking, outdoor recreational areas, trash and refuse storage areas, ventilating mechanisms, sports facilities and other noise-generating and odor-generating equipment, fixtures or facilities. The institution shall be designed and operated in compliance with the Noise Ordinance, Chapter 25.08.

In order to mitigate identified noise and/or odor impacts, the Director may require measures such as landscaping, sound barriers or fences, mounding or berming, adjustments to yard or parking development standards, design modifications, setting hours of operation for facilities or other similar measures.

I. Landscaping. Landscaping shall be required to integrate the institution with adjacent areas, reduce the potential for erosion or extensive stormwater runoff, reduce the coverage of the site by impervious surfaces, screen parking from adjacent residentially zoned lots or streets or to reduce the appearance of bulk of the institution.

Landscaping plant materials shall be species compatible with surrounding flora. Existing plant material may be required to be retained. Maintenance of landscaped areas shall be the continuing responsibility of the owner.

J. Light and Glare. Exterior lighting shall be shielded or directed away from adjacent residentially zoned lots. The Director may also require that the area and intensity of illumination, the location or angle of illumination be limited.

Nonreflective surfaces shall be used to help reduce glare.

K. Bulk and Siting.

1. Lot Area. If the proposed site is more than one (1) acre in size, the Director may require the following and similar development standards:

a. For lots with unusual configuration or uneven boundaries, the proposed principal structures be located so that changes in potential and existing development patterns on the block or blocks within which the institution is located are kept to a minimum;

b. For lots with large street frontage in relationship to their size, the proposed institution reflect design and architectural features associated with adjacent residentially zoned block faces in order to provide continuity of the block front and to integrate the proposed structures with residential structures and uses in the immediate area.

2. Yards. Yards of institutions shall be as required for uses permitted outright pursuant to Section 23.44.014, provided that no structure other than freestanding walls, fences, bulkheads or similar structures shall be closer than 10 feet to the side lot line. If the Director finds that a reduced setback will not significantly increase project impacts, including but not limited to noise, odor, and the scale of the structure in relation to nearby buildings, the sideyard setback may be reduced to 5 feet. Fences and freestanding walls of utility services uses, regulated under this Section 23.44.022 pursuant to Section 23.51A.002, shall be set back from the street lot line a minimum of 10 feet, and landscaping shall be provided between the fence or wall and the right-of-way. The Director may reduce this setback after finding that the reduced setback will not significantly increase project impacts, including but not limited to noise, odor, and the scale of the fence, wall, or structure in relation to nearby buildings. Acceptable methods to reduce fence or wall impacts include changes in the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line. Fences and walls may obstruct or allow views to the interior of a site. Where site dimensions and conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features.

3. Institutions Located on Lots in More Than One (1) Zone Classification. For lots which include more than one (1) zone classification, single-family zone provisions shall apply only to the single-family-zoned lot area involved.

4. Height Limit.

a. Religious symbols for religious institutions may extend an additional twenty-five (25) feet above the height limit.

b. For gymnasiums and auditoriums that are accessory to an institution the maximum height shall be thirty-five (35) feet if portions of the structure above thirty-five (35) feet are set back at least twenty (20) feet from all property lines. Pitched roofs on a gymnasium or auditorium which have a slope of not less than four to twelve (4:12) may extend ten (10) feet above the thirty-five (35) foot height limit. No portion of a shed roof on a gymnasium or an auditorium shall be permitted to extend beyond the thirty-five (35) foot height limit under this provision.

5. Facade Scale. If any facade of a new or expanding institution exceeds thirty (30) feet in length, the Director may require that facades adjacent to the street or a residentially zoned lot be developed with design features intended to minimize the appearance of bulk. Design features which may be required include, but are not limited to, modulation, architectural features, landscaping or increased yards.

L. Parking and Loading Berth Requirements.

1. Quantity and Location of Off-street Parking.

a. Use of transportation modes such as public transit, vanpools, carpools and bicycles to reduce the use of single-occupancy vehicles is encouraged.

b. Parking and loading is required as provided in Section 23.54.015.

c. The Director may modify the parking and loading requirements of Section 23.54.015 and the requirements of Section 23.44.016 on a case-by-case basis using the information contained in the transportation plan prepared pursuant to subsection 23.44.022.M. The modification shall be based on adopted City policies and shall:

1) Provide a demonstrable public benefit such as, but not limited to, reduction of traffic on residential streets, preservation of residential structures, and reduction of noise, odor, light and glare; and

2) Not cause undue traffic through residential streets nor create a safety hazard.

2. Parking Design. Parking access and parking shall be designed as provided in Design Standards for Access and Off-street Parking, Chapter 23.54.

3. Loading Berths. The quantity and design of loading berths shall be as provided in Design Standards for Access and Off-street Parking, Chapter 23.54.

M. Transportation Plan. A transportation plan shall be required for proposed new institutions and for those institutions proposing expansions which are larger than four thousand (4,000) square feet of structure area and/or are required to provide an additional twenty (20) or more parking spaces.

The Director shall determine the level of detail to be disclosed in the transportation plan based on the probable impacts and/or scale of the proposed institution. Discussion of the following elements and other factors may be required:

1. Traffic. Number of staff on site during normal working hours, number of users, guests and others regularly associated with the site, level of vehicular traffic generated, traffic peaking characteristics of the institution and in the immediate area, likely vehicle use patterns, extent of traffic congestion, types and numbers of vehicles associated with the institution and mitigating measures to be taken by the applicant;

2. Parking. Number of spaces, the extent of screening from the street or abutting residentially zoned lots, direction of vehicle light glare, direction of lighting, sources of possible vibration, prevailing direction of exhaust fumes, location of parking access and curb cuts, accessibility or convenience of parking and measures to be taken by the applicant such as preference given some parking spaces for carpool and vanpool vehicles and provision of bicycle racks;

3. Parking Overflow. Number of vehicles expected to park on neighboring streets, percentage of on-street parking supply to be removed or used by the proposed project, opportunities for sharing existing parking, trends in local area development and mitigating measures to be taken by the applicant;

4. Safety. Measures to be taken by the applicant to ensure safe vehicular and pedestrian travel in the vicinity;

5. Availability of Public or Private Mass Transportation Systems. Route location and frequency of service, private mass transportation programs including carpools and vanpools, to be provided by the applicant.

N. Development Standards for Existing Institutes for Advanced Study.

1. The institute shall be located on a lot of not less than fifteen (15) acres.

2. The lot coverage for all structures shall not exceed twenty (20) percent of the total lot area.

3. Structures shall be set back a minimum of twenty-five (25) feet from any lot line.

4. Parking areas shall be set back a minimum of ten (10) feet from any lot line.

5. In the event of expansion, parking shall be required as provided for "existing institutes for advanced study" in Section 23.54.015, Required parking.

6. Landscaping shall be provided between a lot line and any structure and shall be maintained for the duration of the use.

(Ord. 123649, § 17, 2011; Ord. 123547, § 1, 2011; Ord. No. 123209, § 9, 2009; Ord. 123046, § 21, 2009; Ord. 122823, § 7, 2008; Ord. 122311, § 33, 2006; Ord. 120117 § 7, 2000; Ord. 119239 § 9, 1998; Ord. 118794 § 19, 1997; Ord. 118414 § 11, 1996; Ord. 117263 § 11, 1994; Ord. 116146 § 1, 1992; Ord. 115043 § 1, 1990; Ord. 115002 § 4, 1990; Ord. 114875 § 2, 1989; Ord. 113312 § 1, 1987; Ord. 113263 § 3, 1986; Ord. 112777 § 8, 1986; Ord. 112830 § 2, 1986; Ord. 112539 § 4, 1985; Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)2

1. Editor's Note: Ordinance 112539 was adopted on November 12, 1985.

2. Editor's Note: Ordinance 112777 was signed by the Mayor on April 10, 1986 and became effective June 9, 1986. Ordinance 112830 was signed by the Mayor on May 9, 1986 and became effective on June 8, 1986; thus Ordinance 112777 is the later ordinance.

23.44.024 Clustered housing planned developments.

Clustered housing planned developments (CHPDs) may be permitted as an administrative conditional use in single-family zones. A CHPD is intended to enhance and preserve natural features, encourage the construction of affordable housing, allow for development and design flexibility, and protect and prevent harm in environmentally critical areas. CHPDs shall be subject to the following provisions:

A. Site Requirements.

1. The minimum size of a CHPD shall be two (2) acres. Land which is designated environmentally critical due to the presence of a riparian corridor, wetland, wetland buffer, steep slope, or steep slope buffer according to Chapter 25.09, Regulations for Environmentally Critical Areas, and submerged land shall not be used to meet minimum size requirements.

2. Where portions of a site are designated environmentally critical due to the presence of a riparian corridor, wetland, wetland buffer, steep slope, or steep slope buffer according to Chapter 25.09, Regulations for Environmentally Critical Areas, the conditional use clustered development provisions under Section 25.09.260 shall apply, superseding the standards of this section.

3. The Director may exclude land from a CHPD if it is separated from the site by topographical conditions, if it has a poor functional relationship with the site, or if inclusion of the land would negatively impact adjacent single-family zoned lots.

B. Type of Dwelling Units Permitted. Only single-family dwelling units shall be permitted in a CHPD.

C. Number of Dwelling Units Permitted.

1. The number of dwelling units permitted in a CHPD shall be calculated by dividing the CHPD land area by the minimum lot size permitted by subsection A of Section 23.44.010 in the single-family zone in which the CHPD is located. Land which is designated environmentally critical due to the presence of a riparian corridor, wetland, wetland buffer, steep slope, or steep slope buffer and submerged land shall be excluded from the land used to calculate density in a CHPD. For CHPDs which include more than one (1) zone, the number of dwelling units shall be calculated based on the proportion of land area in each zone.

2. Where portions of a site are designated environmentally critical due to the presence of a riparian corridor, wetland, wetland buffer, steep slope, or steep slope buffer according to Chapter 25.09, Regulations for Environmentally Critical Areas, the conditional use provisions for regaining development credit and clustering under Section 25.09.260 shall apply.

3. One (1) additional detached single-family structure may be permitted if the development includes recreational, meeting and/or day care facilities open to the surrounding community.

D. Subdivision. A CHPD may be subdivided into lots of less than the minimum size required by subsection A of Section 23.44.010.

E. Yards. Yards shall be required for structures within a CHPD.

1. Structures shall be set back a minimum distance of twenty (20) feet from the street property line of a CHPD.

2. No dwelling unit in a CHPD shall be closer than five (5) feet to a side lot line of an abutting single-family zoned lot.

3. No dwelling unit in a CHPD shall be closer than twenty-five (25) feet to a rear lot line of an abutting single-family zoned lot.

4. No dwelling unit in a CHPD shall be closer than five (5) feet to any lot line of an abutting non-single-family zoned lot.

5. There shall be a minimum distance of ten (10) feet between principal structures which are within one hundred (100) feet of the property line of a CHPD.

6. To provide a sense of privacy, and to mitigate the effects of shadows between structures which are more than one hundred (100) feet from the property line of CHPD, required yards between structures in the CHPD shall vary depending on the design of the facing facades as follows:

a. Walls shall be not less than ten (10) feet apart at any point.

b. A principal entrance to a structure shall be at least fifteen (15) feet from the nearest interior facade which contains no principal entrance.

c. A principal entrance to a structure shall be at least twenty (20) feet from the nearest interior facade which contains a principal entrance.

7. The Director may increase the minimum required yards or require alternate spacing or placement of structures in order to preserve or enhance topographical conditions, adjacent uses and the layout of the project and to maintain a compatible scale and design with the surrounding community.

F. Landscaping. The Director may require landscaping along some or all exterior lot lines of a CHPD to minimize the effect of the CHPD on adjacent uses. The Director may require the retention of existing mature landscaping. In addition, landscaping may be required to reduce the potential for erosion or excessive stormwater runoff, reduce the site coverage by impervious surfaces, and screen the parking from the view of adjacent residentially zoned lots and the street.

Plant species shall be compatible with surrounding flora. Maintenance of the landscaping shall be the continuing responsibility of the owner.

(Ord. 122050 § 7, 2006; Ord. 116262 § 9, 1992; Ord. 112890 § 2, 1986.)

23.44.026 Use of landmark structures.

A. The Director may authorize a use not otherwise permitted in the zone within a structure designated as a landmark pursuant to the Seattle Municipal Code, Chapter 25.12, Landmark Preservation Ordinance, subject to the following development standards:

1. The use shall be compatible with the existing design and/or construction of the structure without significant alteration; and

2. The use shall be allowed only when it is demonstrated that uses permitted in the zone are impractical because of structure design and/or that no permitted use can provide adequate financial support necessary to sustain the structure in a reasonably good physical condition; and

3. The use shall not be detrimental to other properties in the zone or vicinity or to the public interest.

B. The parking requirements for a use allowed in a landmark are those listed in Section 23.54.015. These requirements may be waived pursuant to Section 23.54.020 C.

(Ord. 122311, § 34, 2006; Ord. 112777 § 10, 1986: Ord. 111390 § 9, 1983: Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.028 Structures unsuited to uses permitted outright.

A. Uses not otherwise permitted in the zone may be permitted in structures unsuited to uses permitted outright in single-family zones. The determination that a use may be permitted shall be based on the following factors:

1. The design of the structure is not suitable for conversion to a use permitted outright in a single-family zone; and

2. The structure contains more than four thousand (4,000) square feet; and

3. The proposed use will provide a public benefit.

B. Parking requirements for uses permitted under this section shall be determined by the Director.

C. The Director may require measures to mitigate impacts such as noise, odor, parking or traffic impacts. Mitigating measures may include but are not limited to landscaping, sound barriers, fences, mounding or berming, adjustments to development standards, design modifications or setting hours of operation.

D. In the case of an existing or former public school, permissible uses other than those permitted outright in the zone and their development standards including parking requirements shall be established only pursuant to procedures for establishing criteria for joint use or reuse of public schools in Chapter 23.78 of this Land Use Code.

(Ord. 110669 § 32(part), 1982: Ord. 110381 § 1(part), 1982.)

23.44.030 Park and pool lot.

The Director may authorize a park and pool lot under the management of a public agency responsible for commuter pooling efforts. The Director shall determine that:

A. It is to be located on an existing parking lot;

B. That parking proposed for the park and pool lot is not needed by the principal use or its accessory uses during the hours proposed for park and pool use; and

C. The park and pool use shall not interfere or conflict with the peak-hour activities associated with the principal use and its accessory uses. The Director may control the number and location of parking spaces to be used.

(Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.032 Certain nonconforming uses.

Nonconforming uses which are authorized pursuant to Section 23.42.110 may be permitted as a conditional use.

(Ord. 120293 § 5, 2001: Ord. 118414 § 12, 1996: Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

Part 2 Council Conditional Uses

23.44.034 Planned residential development (PRD)

Planned residential developments (PRDs) may be permitted in single-family zones as a council conditional use. A PRD is intended to enhance and preserve natural features, encourage the construction of affordable housing, allow for development and design flexibility, and protect and prevent harm in environmentally critical areas. PRDs shall be subject to the following provisions:

A. Site Requirements.

1. The minimum size of a PRD shall be two (2) acres. Land which is designated environmentally critical due to the presence of a riparian corridor, wetland or steep slope according to SMC Chapter 25.09, Regulations for Environmentally Critical Areas, and submerged land shall not be used to meet minimum size requirements.

2. The area of the site devoted to single-family uses at the time of application, calculated by multiplying the number of such uses by the minimum lot area for the zone, shall not exceed twenty (20) percent of the area of the entire site.

3. Land which is designated environmentally critical due to the presence of a riparian corridor, wetland or steep slope according to SMC Chapter 25.09, Regulations for Environmentally Critical Areas, and submerged land shall be excluded from the land used to calculate density in a PRD.

4. Land may be excluded from a PRD by the Director if it is separated from the site by topographical conditions, if it has a poor functional relationship with the site, or if inclusion of the land would negatively impact adjacent single-family zoned lots.

5. Where portions of a site are designated environmentally critical due to the presence of a riparian corridor, wetland or steep slope according to SMC Chapter 25.09, Regulations for Environmentally Critical Areas, the conditional use provisions under Section 25.09.260 shall apply, superseding the standards of this section.

B. Type of housing permitted.

1. Only single-family dwelling units shall be permitted within 100 feet of a PRD's lot line which abuts or is directly across the street from a single-family zoned lot, except as provided in this subsection 23.44.034.B.

2. Single-family dwelling units, cottage housing developments, rowhouse developments, and townhouse developments are permitted if within 100 feet of a lot line of a PRD that does not abut and is not across a street from a single-family zoned lot, or that is separated from the single-family zoned lot by physical barriers, such as bodies of water, ravines, greenbelts, freeways, expressways and other major traffic arterials or topographic breaks that provide substantial separation from the surrounding single-family neighborhood.

3. Single-family dwelling units, cottage housing developments, rowhouse developments, and townhouse developments are permitted when more than 100 feet from a PRD's lot line.

4. Cottage housing developments, rowhouse developments, and townhouse developments shall meet the development standards for structures in Lowrise 1 zones, unless otherwise specified in this Chapter 23.44.

C. Number of Dwelling Units Permitted.

1. The number of dwelling units permitted in a PRD shall be calculated by dividing the PRD lot area by the minimum lot size permitted in Section 23.44.010 A. For PRD's which include more than one (1) zone, the number of dwelling units shall be calculated based on the proportion of land area in each zone.

2. An increase in number of dwelling units may be permitted in a PRD up to a maximum increase of twenty (20) percent. An increase in permitted density shall be based on the extent to which the proposed PRD provides substantial additional public benefits such as the following:

a. Low-income housing;

b. Usable open space;

c. Day care, meeting space or recreational facilities open to the surrounding community.

D. Subdivision.

1. A PRD may be subdivided into lots of less than the minimum size required by subsection A of Section 23.44.010.

2. A minimum of three hundred (300) square feet per unit of private, landscaped open space shall be required, at ground level and directly accessible to the unit.

E. Yards. Yards shall be required for residential structures within a PRD. For the purposes of this subsection, setbacks shall be considered yards, and the provisions relating to accessory structures in required yards of the applicable single-family zone shall apply.

1. Structures which are within one hundred (100) feet of the property line of a PRD shall be set back a minimum distance of twenty (20) feet from the street property line of a PRD.

2. No dwelling unit in a PRD shall be closer than five (5) feet to a side lot line of an abutting single-family zoned lot.

3. No dwelling unit in a PRD shall be closer than twenty-five (25) feet to a rear lot line of an abutting single-family zoned lot.

4. No dwelling unit in a PRD shall be closer than five (5) feet to any lot line of an abutting non-single-family or nonresidentially zoned lot.

5. A minimum distance of ten (10) feet shall be maintained between principal structures.

6. To provide a sense of privacy and to mitigate the effects of shadows between structures which are more than one hundred (100) feet from the property line of a PRD, required distance between structures shall vary depending on the design of the facing facades as follows:

a. Walls shall be not less than ten (10) feet apart at any point.

b. A principal entrance to a structure shall be at least fifteen (15) feet from the nearest interior facade which contains no principal entrance.

c. A principal entrance to a structure shall be at least twenty (20) feet from the nearest interior facade which contains a principal entrance.

7. The Director may modify the minimum required setbacks or require alternate spacing or placement of structures in order to preserve or enhance topographical conditions, adjacent uses or the layout of the project, and to maintain a compatible scale and design with the surrounding community.

F. Landscaping. Landscaping may be required along some or all exterior lot lines of a PRD to minimize the effect of the PRD on adjacent uses. The retention of existing mature landscaping may be required. In addition, landscaping may be required to reduce the potential for erosion or excessive stormwater runoff; reduce the site coverage by impervious surfaces; and screen parking from the view of adjacent residentially zoned lots and the street.

Plant species shall be compatible with surrounding flora.

G. Maintenance of Required Landscaping and Open Space. Maintenance of required landscaping and open space shall be the continuing responsibility of the owner.

(Ord. 123495, § 20, 2011; Ord. 119239 § 10, 1998; Ord. 116262 § 11, 1992; Ord. 112890 § 4, 1986: Ord. 112777 § 9, 1986; Ord. 110669 §§ 15(part), 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.036 Public facilities

Public facilities may be permitted in single-family zones as a council conditional use, according to the provisions of 23.51A.002. Public facilities include, but are not limited to, police precinct stations, fire stations, public boat moorages, and utility services uses.

(Ord. 123547, § 2, 2011.)

Subchapter III
Accessory Uses

23.44.040 General Provisions

A. Accessory uses customarily incidental to principal uses permitted outright are permitted outright.

B. All accessory uses and structures, except for urban farms and structures in urban farm use, must be located on the same lot as the principal use or structure unless otherwise specifically provided.

C. Accessory conditional uses are subject to the development standards for accessory uses permitted outright unless otherwise specified in this Section 23.44.040. Urban farms also are subject to the development standards in Section 23.42.051.

(Ord. 123378, § 9, 2010; Ord. 122823, § 8, 2008; Ord. 122190, § 7, 2006; Ord. 117263 § 12, 1994; Ord. 113978 § 3, 1988: Ord. 110669 §§ 13(part), 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.041 Accessory Dwelling Units

A. Accessory dwelling units, general provisions. The Director may authorize an accessory dwelling unit, and that dwelling unit may be used as a residence, only under the following conditions:

1. A lot with or proposed for a single-family dwelling may have no more than one accessory dwelling unit.

2. The owner(s) of the lot shall comply with the owner occupancy requirements of subsection 23.44.041.C.

3. Any number of related persons may occupy each unit in a single-family dwelling unit with an accessory dwelling unit; provided that, if unrelated persons occupy either unit, the total number of persons occupying both units may not altogether exceed eight.

4. All accessory dwelling units are required to meet the development standards in Table A for 23.44.041, unless modified in subsection 23.44.041.B:

Table A for 23.44.041 Development Standards for All Accessory Dwelling Units
a. Maximum Gross Floor AreaAttached accessory dwelling units are limited to 1,000 sq. ft., including garage and storage area.1 Detached accessory dwelling units are limited to 800 sq. ft., including garage and storage area but excluding areas below grade, measured as set forth in Section 23.86.007.
b. EntrancesOnly one entrance to the structure may be located on each street-facing facade of the dwelling unit.2
Footnotes: 1. The gross floor area of an attached accessory dwelling unit may exceed 1,000 sq. ft. only if the portion of the structure in which the accessory dwelling unit is located was in existence as of June 1, 1999, and if the entire accessory dwelling unit is located on one level. 2. More than one entrance may be allowed if: a) two entrances on the street-facing facade existed on January 1, 1993; or b) the Director determines that topography, screening or another design solution is effective in de-emphasizing the presence of a second entrance.

5. Except on lots located within areas that are defined as either an urban center or urban village in the City's Comprehensive Plan, one off-street parking space is required for the accessory dwelling unit and may be provided as tandem parking with the parking space provided for the principal dwelling unit. An existing required parking space may not be eliminated to accommodate an accessory dwelling unit unless it is replaced elsewhere on the lot. Except for lots located in either the University District Parking Overlay Area (Map A for 23.54.015) or the Alki Area Parking Overlay Area (Map B for 23.54.015), the Director may waive the off-street parking space requirement for an accessory dwelling unit if:

a. The topography or location of existing principal or accessory structures on the lot makes provision of an off-street parking space physically infeasible; or

b. The lot is located in a restricted parking zone (RPZ) and a current parking study is submitted showing a utilization rate of less than 75 percent for on-street parking within 400 feet of all property lines of the site.

B. Accessory dwelling units, detached, additional provisions. A detached accessory dwelling unit is also known as a backyard cottage. The Director may authorize a detached accessory dwelling unit, and that unit may be used as a residence, only under the conditions set forth in subsection 23.44.041.A and the following additional conditions:

1. Detached accessory dwelling units are not permitted on a lot if any portion of the lot is within the Shoreline District established pursuant to Section 23.60.010.

2. Detached accessory dwelling units are required to meet the additional development standards set forth in Table B for 23.44.041:

Table B for 23.44.041 Development Standards for Detached Accessory Dwelling Units1
a. Minimum Lot Size4,000 sq. ft.
b. Minimum Lot Width25 feet
c. Minimum Lot Depth70 feet2
d. Maximum Lot CoverageThe provisions of Section 23.44.010 apply.
e. Maximum Rear Yard CoverageA detached accessory dwelling unit, together with any other accessory structures and other portions of the principal structure, is limited to a maximum combined coverage of 40% of the rear yard.
f. Maximum Gross Floor Area800 sq. ft. including garage and storage area but excluding areas below grade, measured as set forth in Section 23.86.007.
g. Front YardA detached accessory dwelling unit may not be located within the front yard required by subsection 23.44.014.A.
h. Minimum Side YardThe provisions of subsection 23.44.014.C apply.7
i. Minimum Rear YardA detached accessory dwelling unit may be located within a required rear yard if it is not within 5 feet of any lot line, unless the lot line is adjacent to an alley, in which case a detached accessory dwelling unit may be located at that lot line.3, 4
j. Location of EntryEntrances to detached accessory dwelling units may not be located on facades facing the nearest side lot line or the rear lot line unless the nearest side lot line or rear lot line abuts an alley or other public right-of-way.
k. Maximum Height Limits5The roof peak of the detached accessory dwelling unit may not extend more than 15 feet above the roof peak of the principal dwelling unit and must comply with the height limits set forth in the table below.
Lot Width (feet)
Less than 3030 or greater up to 35Above 35 up to 40Above 40 up to 5050 or greater6
(1) Maximum Structure Height (feet)1214151616
(2) Maximum Structure Height with Pitched Roof (feet)1521222223
(3) Maximum Structure Height with Shed or Butterfly Roof (feet); see Exhibit A for 23.44.041.1518192020
l. Minimum Separation from Principal Structure5 feet
Footnotes:
1. The Director may allow an exception to standards 1– f, h, i and j pursuant to subsection 23.44.041.B.3, for converting existing accessory structures. 2. For lots that do not meet the lot depth requirement, but have a greater width than depth and an area greater than 5,000 sq. ft., a detached accessory dwelling unit is permitted, provided the detached accessory dwelling unit is not located in a required yard. 3. If the lot line is adjacent to an alley and a detached accessory dwelling unit includes a garage with a vehicle entrance that faces the alley, the garage portion of the structure may not be located within 12 feet of the centerline of the alley. 4. On a reversed corner lot, no detached accessory dwelling unit shall be located in that portion of the required rear yard that abuts the required front yard of the adjoining key lot. 5. Features such as chimneys, antennas, and flagpoles may extend up to 4 feet above the maximum allowed height. The additional height for sloped lots permitted by subsection 23.44.012.B does not apply. 6. Detached accessory dwelling units may also be built to the maximum height limits listed in this column if both of the following conditions are met: a) the detached accessory dwelling unit is located on a lot with a rear lot line that is adjacent to an alley; and b) the width of the lot is 40 feet or greater. 7. The exceptions from standard yard requirements in subsection 23.44.014.D.6.a shall also apply.

Exhibit A for 23.44.041: Explanation of Terms for Shed and Butterfly Roofs for Detached Accessory Dwelling Units. {/PICK;23-44-041-B;19p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-44-041-B.tif;18.5p;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

3. Conversion of accessory structures. An existing accessory structure that is not located in a required front yard may be converted into a detached accessory dwelling unit if the structure complies with the minimum standards set forth in Sections 22.206.010 through 22.206.140 of the Housing and Building Maintenance Code and with the Seattle Residential Code, if work requiring a permit is performed on the structure or has previously been performed without a permit. The Director may allow an exception to one or more of the development standards for accessory dwelling units contained in subsections 23.44.041.A.4 and standards a– f, h, i and j listed in Table B for 23.044.041, provided the conversion does not increase the structure's nonconformity with the standard and the applicant can demonstrate that the accessory structure was constructed prior to June 1, 1999, as an accessory structure.

C. Owner occupancy.

1. Requirement. An owner with at least a 50 percent interest in the property must occupy either the principal dwelling unit or the accessory dwelling unit for six or more months of each calendar year as the owner's permanent residence. The Director may waive this requirement for up to three years if a letter is submitted that provides evidence to the Director showing good cause why the requirement for owner occupancy should be waived. Good cause may include job dislocation, sabbatical leave, education, or illness.

2. Violation. If an owner is unable or unwilling to fulfill the requirements of subsection 23.44.041.C.1, the owner shall remove those features of the accessory dwelling unit that make it a dwelling unit. Failure to do so will constitute a violation of this Title and the owner will be subject to penalties pursuant to Sections 23.90.018, 23.90.019 and 23.90.020.

3. Covenant recording. Prior to issuance of a permit establishing an accessory dwelling unit, the owner(s) shall sign under oath and record in the King County Recorder a covenant by the owner(s) to the City of Seattle stating that the owner(s) agree to restrict use of the principal and accessory dwelling units in compliance with the requirements of this subsection 23.44.041.C and notify all prospective purchasers of those requirements. Falsely certifying to the terms of the covenant or failure to comply with the terms of the covenant is subject to penalties pursuant to Sections 23.90.018, 23.90.019 and 23.90.020.

The covenant shall run with the land and be binding upon the property owner, his/her heirs and assigns, and upon any parties subsequently acquiring any right, title or interest in the property. The covenant shall be in a form prescribed by the Director that includes the legal description of the principal use lot. The property owner(s) shall return the original covenant with recording stamp to the Department before the building permit for the accessory dwelling unit is issued.

4. Covenant release. At the request of a property owner and after an inspection finding that an accessory dwelling unit has been removed from the owner's property, the Department shall record a release of any previously recorded covenant for that accessory dwelling unit.

D. Single-family status unaffected. A single-family lot with an accessory dwelling unit shall be considered a single-family residence for purposes of rezone criteria (Section 23.34.011).

E. Reporting. DPD shall report annually to the City Council on city-wide accessory dwelling unit permit activity. This annual report shall encompass all attached and detached accessory dwelling unit permits issued and all permits finaled since the previous annual report, the number of permits issued and the number of permits finaled, a map that shows the location and dispersion of both types of accessory dwelling units, and the number of parking waivers granted. For each detached accessory dwelling unit permit issued, the report shall state the height, gross floor area, total square footage of the lot where the detached accessory dwelling unit is located, and total lot coverage of all structures on the lot, and whether any garage space is incorporated into the detached accessory dwelling unit. For each permit finaled, the report shall include a photograph of the detached accessory dwelling unit. The report shall be delivered to the Council by no later than January 31 of the following calendar year.

(Ord. 123649, § 18, 2011; Ord. 123209, § 11, 2009; Ord. 123141, § 3, 2009; Ord. 123046, § 65, 2009; Ord. 123001, § 17, 2009; Ord. 122190, § 8, 2006; Ord. 121477 § 5, 2004; Ord. 121276 § 37, 2003; Ord. 119837 § 1, 2000; Ord. 119617 § 2, 1999: Ord. 119027 § 1, 1998; Ord. 118912 § 36, 1998; Ord. 118794 § 20, 1997; Ord. 118672 § 4, 1997; Ord. 118472 § 3, 1997: Ord. 117203 § 2, 1994.)

23.44.042 Urban farms

A. An urban farm with up to 4,000 square feet of planting area is permitted outright as an accessory use to any principal use permitted outright or to a permitted conditional use, in each case subject to the applicable standards of this title, including the provisions of Section 23.42.051.

B. An urban farm with over 4,000 square feet of planting area may permitted as an administrative conditional use accessory to any principal use permitted outright or accessory to a permitted conditional use, pursuant to Sections 23.44.018 and 23.42.051.

(Ord. 123378, § 10, 2010.)

23.44.044 Swimming pools.

Private, permanent swimming pools, hot tubs and other similar uses are permitted as accessory uses to a single-family structure subject to the following specific development standards:

A. Private, permanent swimming pools, hot tubs and other similar uses over eighteen (18) inches above existing grade are subject to the development standards for accessory uses.

B. Private, permanent swimming pools, hot tubs and other similar uses projecting not more than eighteen (18) inches above existing grade shall not be counted in lot coverage.

C. Private, permanent swimming pools, hot tubs and other similar uses may be placed in a required front or rear yard, provided that:

1. No part of the structure shall project more than eighteen (18) inches above existing lot grade in a required front yard; and

2. No part of the structure shall be placed closer than five (5) feet to any front or side lot line.

D. All swimming pools shall be enclosed with a fence, or located within a yard enclosed by a fence, not less than four (4) feet high and designed to resist the entrance of children.

(Ord. 118414 § 13, 1996; Ord. 117263 § 14, 1994; Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.046 Solar collectors.

A. Solar collectors are permitted outright as an accessory use to any principal use permitted outright or to a permitted conditional use subject to the following development standards:

1. Solar collectors, including solar greenhouses which meet minimum standards and maximum size limits as determined by the Director, shall not be counted in lot coverage.

2. Solar collectors except solar greenhouses attached to principal use structures may exceed the height limits of single-family zones by four (4) feet or extend four (4) feet above the ridge of a pitched roof. However, the total height from existing grade to the top of the solar collector may not extend more than nine (9) feet above the height limit established for the zone (see Exhibit 23.44.046 A). A solar collector which exceeds the height limit for single-family zones shall be placed so as not to shade an existing solar collector or property to the north on January 21st, at noon, any more than would a structure built to the maximum permitted height and bulk.

3. Solar collectors and solar greenhouses meeting minimum written energy conservation standards administered by the Director may be located in required yards according to the following conditions:

a. In a side yard, no closer than three (3) feet from the side property line; or

b. In a rear yard, no closer than fifteen (15) feet from the rear property line unless there is a dedicated alley, in which case the solar collector shall be no closer than fifteen (15) feet from the centerline of the alley; or

c. In a front yard, solar greenhouses which are integrated with the principal structure and have a maximum height of twelve (12) feet may extend up to six (6) feet into the front yard. In no case shall the greenhouse be located closer than five (5) feet from the front property line.

B. Nonconforming Solar Collectors. The Director may permit the installation of solar collectors which cause an existing structure to become nonconforming, or which increase an existing nonconformity, as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. Such installation may be permitted even if it exceeds the height limit established in Section 23.44.046 A2, so long as total structure height including solar collectors does not exceed thirty-nine (39) feet above existing grade and the following conditions are met:

1. There is no feasible alternative to placing the collector(s) on the roof;

2. Such collector(s) are located so as to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the collectors;

3. Such collector(s) meet minimum written energy conservation standards administered by the Director; and

4. The collector(s) add no more than seven (7) feet of height to the existing structure. To minimize view blockage or shadow impacts, the Director shall have the authority to limit a nonconforming solar collector to less than seven (7) additional feet of height.

(Ord. 113401 § 3, 1987: Ord. 111590 § 1, 1984: Ord. 110793 § 6, 1982; Ord. 110669 §§ 13(part), 32(part), 1982: Ord. 110381 § 1(part), 1982.)

{/PICK;23-44-046;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-44-046.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.44.048 Keeping of animals.

The keeping of animals is regulated by Section 23.42.052, Keeping of Animals.

(Ord. 122311, § 35, 2006; Ord. 116694 § 1, 1993; Ord. 110669 §§ 13(part), 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.050 Home occupations.

Home occupations are regulated by Section 23.42.050, Home Occupations.

(Ord. 122311, § 36, 2006; Ord. 122190, § 9, 2006; Ord. 117263 § 15, 1994; Ord. 114875 § 3, 1989; Ord. 113387 § 1, 1987: Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.051 Bed and breakfasts

A bed and breakfast use is permitted if it meets the following standards:

A. General Provisions.

1. The bed and breakfast use must have a business license issued by the Department of Finance and Administrative Services;

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

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

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

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

6. There is no evidence of the bed and breakfast use from the exterior of the structure except for a sign permitted by subsection 23.55.020D.1;

7. The bed and breakfast use has no more than five guest rooms, provided that this limitation does not apply to bed and breakfasts that were established on or before and have been continuously operated as a bed and breakfast since April 1, 1987; and

8. Parking is provided as required in Chapter 23.54.

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

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

D. Neighborhood Mitigation provisions.

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

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

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

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

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

(Ord. 123361, § 384, 2010; Ord. 123046, § 22, 2009; Ord. 122208, § 1, 2006; Ord. 121285 § 1, 2003; Ord. 120181 § 151, 2000; Ord. 118414 § 14, 1996: Ord. 117169 § 138, 1994: Ord. 113800 § 2, 1988.)

23.44.052 Open wet moorage.

Piers and floats for open wet moorage of private pleasure craft are permitted as regulated by the Shorelines District, Chapter 23.60.

(Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.053 Transitional encampments accessory use

Transitional encampments accessory to religious facilities or to principal uses located on property owned or controlled by a religious organization are regulated by Section 23.42.054, Transitional Encampments Accessory to Religious Facilities.

(Ord. 123729, § 3, 2011.)

23.44.058 Columbariums, garden wall crypts and mausoleums.

Columbariums, garden wall crypts and mausoleums are permitted only as accessory to existing cemeteries except that columbariums and garden wall crypts may also be accessory to religious facilities, and subject to the general development standards for accessory uses. In addition, no interment openings shall abut or be directly across the street from property other than cemetery property. For columbariums, garden wall crypts and mausoleums accessory to existing cemeteries, any border between structures and the property line shall be landscaped and maintained by the owner in good condition. For columbariums and garden wall crypts accessory to religious facilities, the landscaping requirements of SMC Section 23.44.022 I applicable to religious facilities and other institutions shall apply.

(Ord. 118720 § 1, 1997: Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.060 Uses accessory to parks and playgrounds

A. The following accessory uses shall be permitted in any park when within a structure or on a terrace abutting the structure:

1. The sale and consumption of beer during daylight hours;

2. The sale and consumption of alcoholic beverages under a Class H liquor license at municipal golf courses during established hours of operation.

When the use is within one hundred (100) feet from any lot in a residential zone the use shall be completely enclosed.

B. The sale and consumption of beer and wine with meals served in a restaurant facility within the boundaries of Woodland Park shall be permitted. The use shall be permitted in only one (1) facility located no closer than one hundred (100) feet from any lot in a residential zone and separated from other public activity areas and zoo buildings by at least fifty (50) feet.

C. Storage structures and areas and other structures and activities customarily associated with parks and playgrounds are subject to the following development standards in addition to the general development standards for accessory uses:

1. Any active play area shall be located 30 feet or more from any lot in a single-family zone.

2. Garages and service or storage areas shall be located 100 feet or more from any other lot in a residential zone and obscured from view from each such lot.

(Ord. 123046, § 23, 2009; Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.068 Heat recovery incinerator.

The Director may permit a heat recovery incinerator as an accessory use to institutions, public facilities and parks and playgrounds, subject to the following conditions:

A. The incinerator shall be located on the same lot as the institution or public facility.

B. An incinerator in a park or playground shall be permitted only when a permanent structure other than that which houses the incinerator exists and the incinerator abuts the structure.

C. The use shall be located no closer than one hundred (100) feet to any property line unless completely enclosed within a structure.

D. If not within a structure, the use shall be enclosed by a view-obscuring fence of sufficient strength and design to resist entrance by children.

E. Adequate control measures for insects, rodents and odors shall be maintained continuously.

(Ord. 110669 §§ 17, 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.070 Recycling collection stations.

The Director may permit recycling collection stations as accessory uses to institutions and public facilities. These recycling collection stations shall be maintained in good condition by the respective institution or public facility.

(Ord. 110669 § 32(part), 1982; Ord. 110381 § 1(part), 1982.)

23.44.072 Roomers, boarders, lodgers.

The renting of rooms, with or without meals, by a household for lodging purposes only, for the accommodation of not more than two (2) roomers, boarders or lodgers, is permitted outright as an accessory use within a dwelling unit as long as the total number of residents does not exceed eight (8).

(Ord. 117202 § 2, 1994: Ord. 111390 § 11, 1983.)

Chapter 23.45
MULTI-FAMILY

Sections:

23.45.502 Scope of provisions

23.45.504 Permitted and prohibited uses

23.45.506 Administrative conditional uses

23.45.508 General provisions

23.45.510 Floor area ratio (FAR) limits

23.45.512 Density limits– Lowrise zones

23.45.514 Structure height

23.45.516 Additional height and extra residential floor area in Midrise and Highrise zones

23.45.518 Setbacks and Separations

23.45.520 Highrise zone width & floor size limits

23.45.522 Amenity area

23.45.524 Landscaping standards

23.45.526 LEED, Built Green, and Evergreen Sustainable Development Standards

23.45.527 Structure width and facade length limits in LR zones

23.45.528 Structure width and depth limits for lots in Midrise zones greater than 9,000 square feet in size

23.45.529 Design standards

23.45.531 Development standards for cottage housing developments and carriage house structures.

23.45.532 Standards for ground floor commercial uses in MR and HR zones

23.45.534 Light and glare standards

23.45.536 Parking location, access, and screening

23.45.545 Standards for certain accessory uses

23.45.570 Institutions

23.45.574 Assisted living facilities

23.45.578 Public or private parks and playgrounds

23.45.586 Keeping of animals

23.45.590 Home occupations

23.45.595 Transitional encampments accessory use

23.45.502 Scope of provisions

This Chapter 23.45 establishes regulations for the following zones:

Lowrise 1 (LR1);

Lowrise 2 (LR2);

Lowrise 3 (LR3);

Midrise (MR) (references to Midrise zones include the Midrise/85 (MR/85) zone unless otherwise noted); and

Highrise (HR).

(Ord. 123495, § 22, 2011; Ord. No. 123209, § 15, 2009.)

23.45.504 Permitted and prohibited uses

A. All uses are permitted outright, prohibited or permitted as a conditional use according to Table A for 23.45.504 and this Section 23.45.504. Uses not referred to in Table A are prohibited, unless otherwise indicated in this Chapter 23.45 or Chapters 23.51A, 23.51B, or 23.57. Communication utilities and accessory communication devices, except as exempted in Section 23.57.002, are subject to the regulations in this Chapter 23.45 and additional regulations in Chapter 23.57. Public facilities are subject to the regulations in Section 23.51A.004.

B. All permitted uses are allowed as a principal use or as an accessory use, unless otherwise indicated in this Chapter 23.45.

Table A for 23.45.504: Permitted and Prohibited Uses
Permitted and Prohibited Uses by Zone
UsesLR1, LR2, and LR3MR and HR
A. Residential usePP
B. InstitutionsP/CU1P/CU1
C. Uses in existing or former public schools
C.1. Child care centers, preschools, public or private schools, educational and vocational training for the disabled, adult evening education classes, nonprofit libraries, community centers, community programs for the elderly and similar uses in existing or former public schools.PP
C.2. Other non-school uses in existing or former public schoolsPermitted pursuant to procedures established in Chapter 23.78Permitted pursuant to procedures established in Chapter 23.78
D. Park and pool and park and ride lotsX/CU2X/CU2
E. Parks and playgrounds including customary usesPP
F. Ground floor commercial usesRCP3
G. Medical Service Uses other than permitted ground floor commercial usesP/X4P/CU/X4
H. Uses not otherwise permitted in landmark structuresCUCU
I. CemeteriesP/X5P/X5
J. Community GardensPP
K. All other usesXX

Footnotes to Table A for 23.45.504

1. Institutions meeting development standards are permitted outright; all others are administrative conditional uses pursuant to Section 23.45.506. The provisions of this Chapter 23.45 shall apply to Major Institution uses as provided in Chapter 23.69.

2. Prohibited in Station Area Overlay Districts; otherwise, permitted as an administrative conditional use pursuant to Section 23.45.506.

3. Subject to subsection 23.45.504.E.

4. Subject to subsection 23.45.504.G and 23.45.506.F.

5. Subject to subsection 23.45.504.F.

P = Permitted outright

CU = Permitted as an Administrative Conditional Use

RC = Permitted in areas zoned Residential Commercial (RC), and subject to the provisions of the RC zone, Chapter 23.46

X = Prohibited

C. Accessory uses. The following accessory uses are permitted in all multifamily zones, subject to the standards in Section 23.45.545, if applicable:

1. Private garages and carports;

2. Private, permanent swimming pools, hot tubs and other similar uses;

3. Solar collectors, including solar greenhouses;

4. Open wet moorage accessory to residential structures;

5. Uses accessory to parks and playgrounds, pursuant to Section 23.45.578;

6. Bed and breakfasts in a dwelling unit that is at least five years old;

7. Recycling collection stations;

8. Urban farms with planting area not more than 4,000 square feet. Urban farms with greater than 4,000 square feet of planting area may be allowed as an administrative conditional use to any use permitted outright or as a conditional use. The Director may grant, condition or deny a conditional use permit in accordance with subsection 23.42.051.B; and

9. Accessory dwelling units.

D. Heat recovery incinerators may be permitted as accessory administrative conditional uses, pursuant to Section 23.45.506.

E. Ground floor commercial use.

1. The following uses are permitted as ground-floor commercial uses in Midrise and Highrise zones pursuant to Section 23.45.532:

a. Business support services;

b. Food processing and craft work;

c. General sales and services;

d. Medical services;

e. Offices;

f. Restaurants; and

g. Live work with one of the uses permitted in this subsection 23.45.504.E as the permitted commercial use.

2. In MR zones, ground-floor commercial uses are permitted only on a lot that is within 800 feet of a neighborhood commercial zone.

F. Existing cemeteries are permitted to continue in use. New cemeteries are prohibited and existing cemeteries are prohibited from expanding. For purposes of this section, a change in a cemetery boundary is not considered an expansion in size and is permitted provided that:

1. the change does not increase the net land area occupied by the cemetery;

2. the land being added to the cemetery is contiguous to the existing cemetery and is not separated from the existing cemetery by a public street or alley whether or not improved; and

3. the use of the land being added to the cemetery will not result in the loss of housing.

G. Except as provided in subsections 23.45.504.G.1 and G.2 below, medical service uses other than permitted ground floor commercial uses are prohibited.

1. Medical service uses in HR zones may be permitted as administrative conditional uses pursuant to subsection 23.45.506.F.

2. Medical service uses meeting the development standards for institutions are permitted outright on property conveyed by a deed from the City that, at the time of conveyance, restricted the property's use to a health care or health-related facility.

H. Fences and free standing walls of utility services uses shall be set back from the street lot line by an average of 7 feet, and be no less than 5 feet from the street lot line at any point. Landscaping shall be provided between the fence or wall and the street lot line. The Director may reduce this setback after finding that the reduced setback will not significantly increase project impacts, including but not limited to noise, odor, and the scale of the structure in relation to nearby buildings. Acceptable methods to reduce fence or wall impacts include changes in the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line. Fences and walls may obstruct or allow views to the interior of a site. Where site dimensions and conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features.

(Ord. 123547, § 3, 2011; Ord. 123495, § 24, 2011; Ord. 123378, § 11, 2010; Ord. 123209, § 17, 2009.)

23.45.506 Administrative conditional uses

A. Uses permitted as administrative conditional uses in Section 23.45.504, may be permitted by the Director when the provisions of Section 23.42.042 and this Section 23.45.506 are met.

B. Unless otherwise specified in this Chapter 23.45, conditional uses shall meet the development standards for uses permitted outright.

C. Institutions other than public schools not meeting the development standards of 23.45.570, Institutions, and Major Institution uses as provided in Chapter 23.69, may be permitted subject to the following:

1. Bulk and Siting. In order to accommodate the special needs of the proposed institution, and to better site the facility with respect to its surroundings, the Director may modify the applicable development standards. In determining whether to allow such modifications, the Director shall balance the needs of the institution against the compatibility of the proposed institution with the residential scale and character of the surrounding area.

2. Dispersion Criteria. An institution that does not meet the dispersion criteria of Section 23.45.570 may be permitted by the Director upon determination that it would not substantially worsen parking shortages, traffic safety hazards, and noise in the surrounding residential area.

3. Noise. The Director may condition the permit in order to mitigate potential noise problems. Measures the Director may require for this purpose include, but are not limited to the following: landscaping, sound barriers, fences, berms, adjustments to yards or the location of refuse storage areas, location of parking areas and access, structural design modifications, and regulating hours of use.

4. Transportation Plan. A transportation plan is required for proposed new institutions and for those institutions proposing to expand larger than 4,000 square feet of floor area and/or required to provide 20 or more new parking spaces. The Director may condition a permit to mitigate potential traffic and parking impacts pursuant to a Transportation Management Plan or Program as described in directors rules governing such plans or programs. The Director will determine the level of detail to be disclosed in the transportation plan based on the probable impacts and/or scale of the proposed institution.

D. A use not otherwise permitted in the zone within a structure designated as a Seattle landmark that is subject to controls and incentives imposed by a designating ordinance, when the owner of the landmark has executed and recorded an agreement acceptable in form and content to the Landmarks Preservation Board providing for the restoration and maintenance of the historically significant features of the structure, may be permitted subject to the following:

1. The use is compatible with the existing design and/or construction of the structure without significant alteration; and

2. Uses permitted by the zone are impractical because of structure design and/or that no permitted use can provide adequate financial support necessary to sustain the structure in reasonably good physical condition.

E. Park and ride or park and pool lots may be permitted subject to the following:

1. A park and ride or park and pool lot may be permitted only on parking lots existing at least 5 years prior to the establishment of the park and ride or park and pool lot that have direct vehicular access to an arterial street improved to City standards.

2. If the proposed park and ride or park and pool lot is located on a lot containing accessory parking for other uses, there must be no substantial conflict in the principal operating hours of the park and ride or park and pool lot and other uses on the lot.

3. The Director may require landscaping and screening in addition to that required for surface parking areas, noise mitigation, vehicular access control, signage restrictions, and other measures to provide comfort and safety for pedestrians and bicyclists and to help ensure the compatibility of the park and ride or park and pool lot with the surrounding area.

F. In addition to medical service uses permitted as ground floor commercial uses pursuant to subsection 23.45.504.E, medical service uses occupying over 4,000 square feet may be permitted in Highrise zones as administrative conditional uses on lots that are at least 25,000 square feet in size, have not been in residential use since January 1, 1989, and are located on a block that abuts a Neighborhood Commercial zone on at least two entire sides of the block (defined for the purpose of this subsection 23.45.506.F as an area bounded by street lot lines).

1. In order to approve a medical service use, the Director must determine that the medical service use is an expansion of an existing medical service business establishment in the immediate vicinity that is not a major institution.

2. Design review is required.

3. The development standards in Sections 23.45.510, 23.45.514, 23.45.516, 23.45.518, 23.45.520, and 23.45.536 do not apply to the portion of the structure occupied by medical service uses, except as specified in this subsection 23.45.506.F. Portions of the structure occupied by medical service uses shall meet the following development standards:

a. The maximum height for the portions of structures containing medical office uses is 108 feet, except that the provisions for green roofs and rooftop features in Section 23.45.514 apply.

b. The average of the gross floor area of stories in medical service use above 45 feet in height shall not exceed 60 percent of the area of the lot.

4. Setbacks

a. Setbacks shall be required as shown on Table A for 23.45.506.

Table A for 23.45.506: Setback Requirements for Medical Office Uses (all measurements in feet)
Elevation of Facade or Portion of Facade from Existing GradeSetback on Street FrontagesSetback on Alley FrontagesSetback on shared lot lines
45 or less7 average, 5 minimum07 average, 5 minimum
More than 45 up to 10810 average, 7 minimum1015 average, 10 minimum

b. If the ground floor of a street facade is in use as a child care center, community center, or commercial use permitted on the ground floor by Section 23.45.504, no setback is required for the portion of the street facade that is 45 feet in height or less.

c. If a lot abutting the lot is developed to the side lot line, portions of the proposed development that are 45 feet in height or less may be joined to the abutting structure.

d. Projections into required setbacks, and structures in required setbacks, are permitted pursuant to Section 23.45.518.

5. A minimum of 25 percent of the lot area shall be provided as landscaped open space at ground level. Except as provided in this subsection 23.45.506.F.5, no horizontal dimension for required open space shall be less than 10 feet, nor shall any required open space area be less than 225 square feet. The following additional areas may be included in the calculation of required ground level open space:

a. Area in the public right-of-way of a neighborhood green street designated in Section 23.45.516 abutting the lot that is improved according to a plan approved by the Director, in consultation with the Director of the Seattle Department of Transportation; except that the Director may waive the requirement that the neighborhood green street abut the lot and allow the improvements to be made to a neighborhood green street located in the general vicinity of the project, if such an improvement is determined to be beneficial to the occupants of the project; and

b. Landscaped area in the public right-of-way that abuts the required open space on the lot, when the landscaping contributes to achievement of the Green Factor score required in subsection 23.45.506.F.6. below.

6. The landscaping and screening requirements of Section 23.45.524 apply, except that the required Green Factor score is 0.3 or greater, pursuant to Section 23.86.019.

7. Parking shall be required as provided in Chapter 23.54.

8. The Director shall determine the location of access to parking. In order to promote pedestrian safety and comfort, access via an alley is preferred. Where street access is deemed appropriate, due to safety hazards, topography, or other special conditions of the lot, the number of curb cuts and the width of curb cuts, driveways, and garage openings shall be minimized.

9. No surface area parking shall be provided, and no parking shall be located at or above grade, unless it is separated from all street lot lines by another use.

10. The preferred access to loading berths shall be from an alley if the lot abuts an alley. Loading berths shall be located so that access to any residential parking is not blocked.

11. The Director shall determine the location of passenger load zones, based on safety considerations, minimizing conflicts with automobile and pedestrian traffic, reducing impacts on any nearby residential uses, and the efficient operation of the medical service use.

12. Identifying signs shall be permitted according to Chapter 23.55, Signs.

13. For mixed use structures containing both medical service uses and residential uses, the portion of the structure in residential use shall meet the requirements of the HR zone, except as modified by the following:

a. The maximum width and floor size limits in Section 23.45.520 apply to any portion of the structure in residential use above 45 feet in height.

b. Amenity areas shall be provided according to the provisions of Section 23.45.522. Open space required at ground level pursuant to subsection 23.45.506.F.5 may be counted as amenity area if it meets the applicable development standards of Section 23.45.522.

c. No landscaped open space is required in addition to the open space required in subsection 23.45.506.F.5.

G. Heat recovery incinerators located on the same lot as the principal use may be permitted by the Director as accessory conditional uses, subject to the following conditions:

1. The incinerator may be located no closer than 100 feet to any lot line unless completely enclosed within a building.

2. If not within a building, the incinerator shall be enclosed by a view-obscuring fence of sufficient strength and design to resist entrance by children.

3. Adequate control measures for insects, rodents and odors shall be continuously maintained.

(Ord. 123495, § 26, 2011; Ord. 123378, § 12, 2010; Ord. 123209, § 24, 2009.)

23.45.508 General provisions

A. Except for structures related to an urban farm, a structure occupied by a permitted use other than a residential use may be partially or wholly converted to a residential use even if the structure does not conform to the development standards for residential uses in multifamily zones.

B. Off street parking shall be provided pursuant to Section 23.54.015.

C. Expansions of nonconforming converted structures and conversions of structures occupied by nonconforming uses are regulated by Sections 23.42.108 and 23.42.110.

D. Methods for measurements are provided in Chapter 23.86. Requirements for streets, alleys and easements are provided in Chapter 23.53. Standards for parking and access and design are provided in Chapter 23.54. Standards for solid waste and recyclable materials storage space are provided in Section 23.54.040. Standards for signs are provided in Chapter 23.55.

E. Assisted living facilities, congregate housing, and nursing homes shall meet the development standards for apartments unless otherwise specified.

F. Single-family dwelling units. In Lowrise zones, single-family dwelling units shall meet the development standards for townhouse developments, except that Section 23.45.529, Design standards, does not apply. In MR and HR zones, single-family dwelling units shall meet the development standards of the zone.

G. Proposed uses in all multifamily zones are subject to the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

H. Lots with no street frontage. For purposes of structure width, depth, and setbacks, multifamily zoned lots that have no street frontage are subject to the following:

1. For lots that have only one alley lot line, the alley lot line shall be treated as a front lot line.

2. For lots that have more than one alley lot line, the Director shall determine which alley lot line shall be treated as the front lot line.

3. For lots that have no alley lot lines, the applicant may choose the front lot line provided that the selected front lot line length is at least 50 percent of the width of the lot.

I. All use provisions and development standards applicable to MR zones, except maximum height, also apply in the MR/85 zone.

J. Any other provision of the Seattle Municipal Code notwithstanding, an applicant is not entitled to a permit for any use or development on a lot in a Lowrise zone that would be inconsistent with any term, condition, or restriction contained either in any recorded agreement that is in effect as to that lot and was made in connection with a rezone of the lot to LDT, L1, L2, L3, or L4, or in any City Council decision or ordinance related to a rezone of the lot to LDT, L1, L2, L3, or L4 conditioned on a recorded agreement prior to the effective date of the ordinance introduced as Council Bill 117014.

(Ord. 123495, § 27, 2011; Ord. 123378, § 13, 2010; Ord. 123209, § 20, 2009.)

23.45.510 Floor area ratio (FAR) limits

A. General provisions.

1. All gross floor area not exempt under subsection 23.45.510.E counts toward the maximum gross floor area allowed under the floor area ratio (FAR) limits.

2. The applicable FAR limit applies to the total non-exempt gross floor area of all structures on the lot.

3. If a lot is in more than one zone, the FAR limit for each zone applies to the portion of the lot located in that zone, and the floor area on the portion of the lot with the lower FAR limit may not exceed the amount that would be permitted if it were a separate lot.

B. FAR limits in LR zones Floor area ratio limits apply in LR zones as shown in Table A for 23.45.510.

Table A for 23.45.510: Floor Area Ratios in Lowrise Zones
ZoneLocationCategory of Residential Use(1)
Outside or Inside Urban Centers, Urban Villages, and the Station Area Overlay DistrictCottage Housing Developments and Single-Family Dwelling UnitsRowhouse Developments(2)Townhouse Developments(2)Apartments(2)
LR1Either outside or inside1.11.0 or 1.20.9 or 1.11.0
LR2Either outside or inside1.11.1 or 1.31.0 or 1.21.1 or 1.3 LR3Outside1.11.2 or 1.41.1 or 1.31.3 or 1.5(3)
Inside1.11.2 or 1.41.2 or 1.41.5 or 2.0

Footnotes for A for 23.45.510:

(1) If more than one type of residential use is provided on a lot, the FAR limit for each residential use is the higher FAR limit for each residential use in this Table A for 23.45.510 only if the conditions in subsection 23.45.510.C are satisfied for all residential uses on the lot.

(2) The higher FAR limit applies if the project meets the standards of subsection 23.45.510.C.

(3) On lots that abut a street with frequent transit service, the higher FAR limit is 1.6.

C. In LR zones, in order to qualify for the higher FAR limit shown in Table A for 23.45.510, the following standards shall be met:

1. Applicants shall make a commitment that the structure will meet green building performance standards by earning a Leadership in Energy and Environmental Design (LEED) Silver rating or a Built Green 4-star rating of the Master Builders Association of King and Snohomish Counties, except that an applicant who is applying for funding from the Washington State Housing Trust Fund and/or the Seattle Office of Housing to develop new affordable housing, may elect to meet green building performance standards by meeting the Washington Evergreen Sustainable Development Standards (ESDS). The standards referred to in this subsection 23.45.510.C.1 are those identified in Section 23.45.526, and that section shall apply as if the application were for new development gaining extra residential floor area.

2. For all categories of residential use, if the lot abuts an alley and the alley is used for access, improvements to the alley shall be required as provided in subsections 23.53.030.E and F, except that the alley shall be paved rather than improved with crushed rock, even for lots containing fewer than ten dwelling units.

3. Parking location if parking is provided.

a. For rowhouse and townhouse developments, parking shall be totally enclosed within the same structure as the residential use, located in a structure or portion of a structure that meets the requirements of subsection 23.45.510.E.5, or located in a parking area or structure at the rear of the lot.

b. For apartments, parking may either:

1) be totally enclosed within the same structure as the residential use; or

2) on lots located outside of Urban Centers, Urban Villages, and the Station Area Overlay District, be located off an alley at the rear of the lot, provided that all surface parking is limited to a single row of spaces along the alley and access to each surface parking space is taken directly from the alley.

4. Access to parking if parking is provided.

a. Access to required barrier-free parking spaces may be from either a street or an alley. Subsections 23.45.510.C.4.b, c, and d do not apply to required barrier-free parking spaces.

b. If the lot abuts an alley, access to parking shall be from the alley, unless one or more of the conditions in subsection 23.45.536.C.2 are met.

c. If access cannot be provided from an alley, access shall be from a street if the following conditions are met:

1) on corner lots, the driveway shall abut and run parallel to the rear lot line of the lot or a side lot line that is not a street lot line.

2) on a non-corner lot, there is no more than one driveway per 160 feet of street frontage.

d. if access to parking does not meet one of the standards in this subsection 23.45.510.C.4, or if an exception is granted that allows parking access from both an alley and a street pursuant to subsection 23.45.536.C, the lower FAR limit on Table A for 23.45.510 applies.

D. FAR limits in MR and HR zones.

1. FAR limits apply to all structures and lots in Midrise and Highrise zones as shown in Table B for 23.45.510.

Table B for 23.45.510: Floor Area Ratios in MR and HR zones
MRHR
Base FAR3.28 on lots 15,000 square feet or less in size; 7 on lots larger than 15,000 square feet
Maximum FAR, allowed pursuant to Chapter 23.58A and Section 23.45.5164.2513 for structures 240' or less in height; 14 for structures over 240'

E. The following floor area is exempt from FAR limits:

1. All underground stories.

2. The floor area contained in a landmark structure subject to controls and incentives imposed by a designating ordinance, if the owner of the landmark has executed and recorded an agreement acceptable in form and content to the Landmarks Preservation Board, providing for the restoration and maintenance of the historically significant features of the structure, except that this exemption does not apply to a lot from which a transfer of development potential has been made under Chapter 23.58A, and does not apply for purposes of determining TDP available for transfer under Chapter 23.58A.

3. The floor area contained in structures built prior to January 1, 1982 as single-family dwelling units that will remain in residential use, provided that:

a. no principal structure is located between the existing single-family dwelling unit and the street lot line along at least one street frontage. If the single-family dwelling unit is moved on the lot, the floor area of the dwelling remains exempt if it continues to meet this provision; and

b. the exemption is limited to the gross square footage in the single-family dwelling unit as of January 1, 1982.

4. Portions of a story that extend no more than 4 feet above existing or finished grade, whichever is lower, excluding access, (see Exhibit A for 23.45.510), in the following circumstances:

a. apartments in LR zones that qualify for the higher FAR limit shown in Table A for 23.45.510;

b. rowhouse developments in LR zones located on lots that have a lot depth of 100 feet or less, do not have alley access, and that qualify for the higher FAR limit shown in Table A for 23.45.510, provided that parking access is located at the rear of the rowhouse development; and

c. all multifamily structures in MR and HR zones.

{/PICK;23-45-510;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-510.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

5. For rowhouse and townhouse developments and apartments that qualify for the higher FAR limit shown in Table A for 23.45.510, floor area within a structure or portion of a structure that is partially above grade and has no additional stories above, if the following conditions are met:

a. The average height of the exterior walls enclosing the floor area does not exceed 4 feet, measured from existing or finished grade, whichever is lower;

b. The roof area above the exempt floor area is predominantly flat, is used as amenity area, and meets the standards for amenity area at ground level in Section 23.45.522;

c. At least 25 percent of the perimeter of the amenity area on the roof above the floor area is not enclosed by the walls of the structure; and

d. The amenity area is no more than 4 feet above the grade at a point where pedestrian access is provided to the lot.

6. Enclosed common amenity area in Highrise zones.

7. As an allowance for mechanical equipment, in any structure more than 85 feet in height, 3.5 percent of the gross floor area that is not exempt under this subsection 23.45.510.E.

8. In HR zones, ground floor commercial uses meeting the requirements of Section 23.45.532, if the street level of the structure containing the commercial uses has a minimum floor to floor height of 13 feet and a minimum depth of 15 feet.

F. If TDP is transferred from a lot pursuant to Section 23.58A.018, the amount of non-exempt floor area that may be permitted is the applicable base FAR, plus any net amount of TDP previously transferred to the lot, minus the sum of the existing non-exempt floor area on the lot and the amount of TDP transferred.

(Ord. 123564, § 6, 2011; Ord. 123495, § 29, 2011; Ord. 123209, § 26, 2009.)

23.45.512 Density limits– Lowrise zones

A. There shall be a minimum lot area per dwelling unit in LR zones for cottage housing developments, townhouse developments, and apartments, as shown on Table A for 23.45.512, except as provided in subsections B, C, D, E, and G of this Section 23.45.512.

Table A for 23.45.512: Density Limits in Lowrise Zones
ZoneUnits allowed per square foot of lot area by category of residential use
Cottage Housing Development(1) and Single-family Dwelling UnitRowhouse DevelopmentTownhouse Development(2)Apartment(3)
LR11/1,600No limit1/2,200 or 1/1,6001/2,000 Duplexes and Triplexes only
LR21/1,600No limit1/1,600 or No limit1/1,200 or No limit
LR31/1,600No limit1/1,600 or No limit1/800 or No limit

Footnotes for Table A for 23.45.512

(1) See Section 23.45.531 for specific regulations about cottage housing developments.

(2) For townhouse developments that meet the standards of subsection 23.45.510.C, the higher density shown is permitted in LR1 zones, and there is no density limit in LR2 and LR3 zones.

(3) For apartments that meet the standards of subsection 23.45.510.C, there is no density limit in LR2 and LR3 zones.

B. Density exception for certain types of low-income multifamily residential uses.

1. The exception in this subsection 23.45.512.B applies to low-income disabled multifamily residential uses, low-income elderly multifamily residential uses, and low-income elderly/low-income disabled multifamily residential uses, operated by a public agency or a private nonprofit corporation, if they do not qualify for the higher FAR limit shown in Table A for 23.45.510.

2. The uses listed in subsection 23.45.512.B.1 shall have a maximum density of one dwelling unit per 400 square feet of lot area if a majority of the dwelling units are designed for and dedicated to tenancies of at least three months, and the dwelling units remain in low-income disabled multifamily residential use, low-income elderly multifamily residential use, or low-income elderly/low-income disabled multifamily residential use for the life of the structure.

C. Carriage houses, nursing homes, congregate housing, assisted living facilities, and accessory dwelling units that meet the standards of Section 23.45.545, are exempt from the density limit set in Table A for 23.45.512.

D. In LR1 zones no apartment shall contain more than three dwelling units, except as permitted in subsections 23.45.512.E and G.

E. Dwelling unit(s) located in structures built prior to January 1, 1982 as single-family dwelling units that will remain in residential use are exempt from density limits and the provisions of subsection 23.45.512.D.

F. If dedication of right-of-way is required, permitted density shall be calculated before the dedication is made.

G. Adding Units to Existing Structures.

1. One additional dwelling unit may be added to an existing residential use regardless of the density restrictions in subsections 23.45.512.A, B, C, and D above. An additional unit is allowed only if the proposed additional unit is to be located entirely within an existing structure, and no additional floor area is proposed to be added to the existing structure.

2. For the purposes of this subsection 23.45.512.G "existing residential uses" are those that were established under permit as of October 31, 2001, or for which a permit has been granted and the permit has not expired on October 31, 2001.

(Ord. 123495, § 30, 2011; Ord. 123046, § 24, 2009; Ord. 122235, § 2, 2006; Ord. 120608 § 1, 2001: Ord. 119242 § 5, 1998; Ord. 119239 § 14, 1998; Ord. 117173 § 3, 1994; Ord. 115326 § 7, 1990; Ord. 114888 § 2, 1989; Ord. 114887 § 4(part), 1989.)

23.45.514 Structure height

A. Subject to the additions and exceptions allowed as set forth in this Section 23.45.514, the height limits for principal structures permitted in Lowrise zones are as shown on Table A for 23.45.514.

Table A for 23.45.514: Structure Height for Lowrise Zones in Feet
Housing TypeLR1LR2LR3 outside Urban Centers, Urban Villages, and Station Area Overlay DistrictsLR3 in Urban Centers, Urban Villages, and Station Area Overlay Districts
Cottage Housing Developments18181818
Rowhouse and Townhouse Developments30303030
Apartments3030301402

Footnotes for Table A for 23.45.514:

1 On lots located in the Delridge High Point Revitalization Area shown in Map A for Section 23.34.020 that were rezoned to Lowrise 4 subject to a property use and development agreement that was signed by a public agency, the height limit for apartments is 40 feet.

2 The height limit is 30 feet on the portions of lots that are within 50 feet of a single-family zoned lot, unless the lot in the LR zone is separated from a single-family zoned lot by a street.

B. The base and maximum height limits for principal structures permitted in Midrise and Highrise zones are as shown in Table B for 23.45.514, subject to the additions and exceptions allowed as set forth in this Section 23.45.514.

Table B for 23.45.514: Structure Height for Midrise and Highrise Zones, in Feet
MRMR/85HR
Base height limit6085160
Maximum height limit if extra residential floor area is gained under Chapter 23.58A and Section 23.45.5167585240 or 300

C. The maximum height for accessory structures that are located in required setbacks or separations is 12 feet, except as follows:

1. Garages and carports are limited to 12 feet in height as measured on the facade containing the vehicle entrance. Open rails may extend an additional 3 feet above the roof of the garage or carport if any portion of the roof is within 4 feet of existing grade.

2. The height limit is 20 feet for an accessory structure that contains an accessory dwelling unit for a rowhouse or townhouse unit. The height limit for an accessory dwelling unit that is accessory to a single-family dwelling unit shall be set according to Section 23.44.041.

3. Freestanding flagpoles and religious symbols for religious institutions are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are no closer to any lot line than 50 percent of their height above existing grade.

D. Exceptions for pitched roofs in LR zones that are not shed or butterfly roofs. Pitched roofs that are not shed or butterfly roofs may extend above the height limits set in Table A for 23.45.514 subject to the following limits, provided that all parts of the roofs above the height limit have a minimum slope of 6:12, except as provided in subsection 23.45.514.D.5:

1. For cottage housing developments in all LR zones, the ridge of pitched roofs on principal structures may extend up to 7 feet above the height limit.

2. In LR1 and LR2 zones, for structures subject to a 30 foot height limit, the ridge of pitched roofs on principal structures may extend up to 5 feet above the height limit if the height exception in subsection 23.45.514.F is not used.

3. In LR3 zones, for structures subject to a 30 foot height limit, the ridge of pitched roofs on principal structures may either:

a. extend up to 10 feet above the height limit, if the height exception provided in 23.45.514.F is not used, and the number of full stories above grade is limited to three; or

b. extend up to 5 feet above the height limit, if the height exception provided in 23.45.514.F is used.

4. In LR3 zones, for structures subject to a 40 foot height limit, the ridge of pitched roofs on principal structures may extend up to 5 feet above the height limit provided that the height exception in subsection 23.45.514.F is not used.

5. Portions of curved roof forms, such as barrel and domed roofs, may have a lesser slope than 6:12, if the Director determines that the massing of the roof form is comparable to a pitched roof form such as a gable or gambrel roof that would have a minimum slope of 6:12.

E. Shed and butterfly roofs in LR zones.

1. In LR zones, the high side(s) of a shed or butterfly roof may extend 3 feet above the height limits set in Table A for 23.45.514, provided that the low side(s) of the shed or butterfly roof are no higher than the height limit (see Exhibit A for 23.45.514).

2. The roof line of a shed or butterfly roof may be extended in order to accommodate eaves and gutters, provided that the highest point of the roof extension is no more than 4 feet above the height limit.

{/PICK;23-45-514-1;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-514-1.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

F. For apartments in LR2 zones, and for all residential uses in LR3 zones, the applicable height limit is increased 4 feet above the height shown on Table A for 23.45.514 for a structure that includes a story that is partially below-grade, provided that:

1. This height exception does not apply to portions of lots that are within 50 feet of a single-family zoned lot, unless the lot in the LR zone is separated from a single-family zoned lot by a street;

2. The number of stories above the partially below-grade story is limited to three stories for residential uses with a 30 foot height limit and to four stories for residential uses with a 40 foot height limit;

3. On the street-facing facade(s) of the structure, the story above the partially below-grade story is at least 18 inches above the elevation of the street, except that this requirement may be waived to accommodate units accessible to the disabled or elderly, consistent with the Seattle Residential Code, Section R322, or the Seattle Building Code, Chapter 11; and

4. The average height of the exterior facades of the portion of the story that is partially below-grade does not exceed 4 feet, measured from existing or finished grade, whichever is less.

G. In MR zones, the base height limit is increased by 5 feet if the number of stories in the structure that are more than 4 feet above existing or finished grade, whichever is lower, does not exceed six, and one or more of the following conditions is met:

1. The FAR exemption provided in Section 23.45.510.E.4 is used;

2. All stories in the structure, except stories used only for parking, have floor to ceiling heights of 9 feet or more; or

3. The lot is split between a MR zone and an NC zone, and the base structure height allowed on the NC-zoned portion is 65 feet or more.

H. Roofs enclosed by a parapet. Roof surfaces that are completely surrounded by a parapet may exceed the applicable height limit to allow for a slope, provided that the height of the highest elevation of the roof surface does not exceed 75 percent of the parapet height, and provided that the lowest elevation of the roof surface is no higher than the applicable height limit. See Exhibit B for 23.45.514.

Exhibit B for 23.45.514: Height Allowance for Sloped Roofs Concealed by a Parapet

{/PICK;23-45-514-2;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-514-2.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

I. Green roofs. For any structure with a green roof that meets standards promulgated by the Director and that covers at least 50 percent of the surface of the roof, up to 2 feet of additional height above the maximum height otherwise allowed for the roof is allowed to accommodate structural requirements, roofing membranes, and soil. See Exhibit C for 23.45.514.

Exhibit C for 23.45.514: Green Roof Height Allowance

{/PICK;23-45-514-3;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-514-3.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

J. Rooftop features.

1. Flagpoles and religious symbols for religious institutions that are located on a roof are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are no closer to any lot line than 50 percent of their height above the roof portion where attached.

2. Open railings, planters, skylights, clerestories, greenhouses not dedicated to food production, parapets and firewalls on the roofs of principal structures may extend 4 feet above the maximum height limit set in subsections A, B, E, and F of this Section 23.45.514.

3. Projections on pitched roofs that result in additional interior space, such as dormers, may extend to the height of the ridge of a pitched roof that is permitted to exceed the applicable height limit pursuant to subsection 23.45.514.D, if all of the following conditions are satisfied:

a. the total area of the projections is limited to 30 percent of the area of each roof plane measured from the plan view perspective;

b. the projections are limited to 10 feet in width; and

c. each projection is separated by at least 3 feet from any other projection (see Exhibit D for 23.45.514).

Exhibit D for 23.45.514: Permitted Projections on Pitched Roofs

{/PICK;23-45-514-4;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-514-4.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

4. In LR zones, the following rooftop features may extend 10 feet above the height limit set in subsections 23.45.514.A and F, if the combined total coverage of all features does not exceed 15 percent of the roof area or 20 percent of the roof area if the total includes screened mechanical equipment:

a. Stair penthouses, except as provided in subsection 23.45.514.J.6;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing that encloses it, if the fencing is at least 5 feet from the roof edge;

d. Chimneys;

e. Wind-driven power generators; and

f. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.

5. In MR and HR zones, the following rooftop features may extend 15 feet above the applicable height limit set in subsections 23.45.514.B, and F, if the combined total coverage of all features does not exceed 20 percent of the roof area, or 25 percent of the roof area if the total includes screened mechanical equipment:

a. Stair penthouses, except as provided in subsection 23.45.514.J.6;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing that encloses it, if the fencing is at least 5 feet from the roof edge;

d. Chimneys;

e. Sun and wind screens;

f. Penthouse pavilions for the common use of residents;

g. Greenhouses and solariums, in each case that meet minimum energy standards administered by the Director;

h. Wind-driven power generators; and

i. Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.011.

6. Subject to the roof coverage limits in subsections 23.45.514.J.4 and 5, elevator penthouses may extend above the applicable height limit up to 16 feet. If additional height is needed to accommodate energy-efficient elevators in HR zones, elevator penthouses may extend the minimum amount necessary to accommodate energy-efficient elevators, up to 25 feet above the applicable height limit. Energy-efficient elevators are defined by Director's Rule. Stair penthouses may be the same height as an elevator penthouse if the elevator and stairs are co-located within a common penthouse structure.

7. For height exceptions for solar collectors, see Section 23.45.545.

8. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection 23.45.514.J at least 10 feet from the north edge of the roof, or provide shadow diagrams to demonstrate that the proposed location of such rooftop features would shade property to the north on January 21st at noon no more than would a structure built to maximum permitted bulk:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses and solariums that meet minimum energy standards administered by the Director;

e. Minor communication utilities and accessory communication devices, permitted according to the provisions of Section 23.57.011;

f. Play equipment;

g. Sun and wind screens;

h. Penthouse pavilions for the common use of residents.

i. Penthouse pavilions for the common use of residents.

9. For height limits and exceptions for communication utilities and devices, see Section 23.57.011.

10. Greenhouses that are dedicated to food production are permitted to extend 15 feet above the applicable height limit, as long as the combined total coverage of all features gaining additional height listed in this subsection 23.45.514.J does not exceed 50 percent of the roof area, and the greenhouse meets the requirements of subsection 23.45.514.J.8.

11. Additional height in HR zones. A structure may exceed the applicable height limit in the HR zone as follows:

a. If the applicable height limit is 240 feet, the height of the structure may be increased by 30 feet if the area bounded by the facades of the portion of the structure above 240 feet is no greater than 6,500 square feet, or if the area bounded by the facades at an elevation that is halfway between 240 feet and the height of the structure is no greater than 50 percent of the area bounded by the facades at a height of 240 feet.

b. If the applicable height limit is 300 feet, the height of a structure may be increased (1) by 30 feet if the area bounded by the facades of the portion of the structure above 300 feet is no greater than 6,500 square feet, or (2) by 45 feet if the area bounded by the facades at an elevation that is halfway between 300 feet and the height of the structure is no greater than 50 percent of the area bounded by the facades at a height of 300 feet.

c. In all cases the area bounded by the facades extending above the height limit may be occupied only by those uses or features otherwise permitted in this Section 23.45.514 as an exception above the height limit, although any limits on the height or coverage of those uses or features totally screened by the facades extending above the applicable height limit shall not apply. Height exceptions permitted for screening of rooftop features under other provisions of this subsection 23.45.514.J are not permitted above the height gained by a structure under this subsection 23.45.514.J.11.

(Ord. 123495, § 31, 2011; Ord. 123378, § 14, 2010; Ord. 123209, § 27, 2009.)

23.45.516 Additional height and extra residential floor area in Midrise and Highrise zones

A. General. Definitions in Section 23.58A.004 apply in this Section 23.45.516 unless otherwise specified. According to the provisions of this Section 23.45.516, Section 23.45.526, and Chapter 23.58A:

1. In MR, MR/85, and HR zones, extra residential floor area may be permitted up to the maximum limits allowed by Section 23.45.510; and

2. In MR and HR zones, additional height, above the base height limit, is permitted for structures that qualify for extra residential floor area, up to the maximum limits allowed by Sections 23.45.514.

B. Eligible lots. The following lots are eligible for extra residential floor area and, except in MR/85 zones, additional height:

1. Lots in MR or MR/85 zones in urban villages, urban centers and the Station Area Overlay District; and

2. Lots in HR zones.

C. Highrise zones.

1. Extra Residential Floor Area. In HR zones extra residential floor area may be gained in accordance with Chapter 23.58A subject to the conditions and limits in this Section 23.45.516. Up to all extra residential floor area may be gained through the affordable housing incentive program provisions in Section 23.58A.014. Up to 40 percent of extra residential floor area may be gained by one or any combination of:

a. transfer of development potential;

b. providing neighborhood open space or a payment in lieu thereof; and/or

c. providing a neighborhood green street setback if allowed pursuant to subsection 23.45.516.F, all in accordance with this Section 23.45.516 and Chapter 23.58A.

2. Structure height.

a. Structures 240 feet or less in height. The applicable height limit in an HR zone under subsection 23.45.514.B is 240 feet if the applicant satisfies the conditions for extra floor area but not all of the conditions in subsection C.2.b of this Section 23.45.516 are met.

b. Structures over 240 feet. The applicable height limit in an HR zone under subsection 23.45.514.B is 300 feet if the applicant satisfies the conditions for extra floor area and the following additional conditions are met:

1) For any structure above a height of 85 feet, the average residential gross floor area per story above a height of 45 feet does not exceed 9,500 square feet; and

2) No parking is located at or above grade, unless it is separated from all street lot lines by another use; and

3) At least 25 percent of the lot area at grade is one or more landscaped areas, each with a minimum horizontal dimension of 10 feet, or at least 20 percent of the lot area at grade is landscaped, common amenity area meeting the standards of Section 23.45.522.

D. Transfer of Development Potential (TDP) from Landmark Structures and Open Space.

1. Sending lots. TDP may be transferred under the provisions of Section 23.58A.018, as modified by this Section 23.45.516, only from landmark TDP sites and open space TDP sites. In order to be eligible as a landmark TDP site or open space TDP site, a lot must be located in the First Hill Urban Center Village and must be zoned MR or HR. Sending lots are subject to the limits and conditions in this Chapter 23.45 and Chapter 23.58A. The amount of TDP that may be transferred from a lot is limited to the amount by which the base FAR under Section 23.45.510 exceeds floor area on the lot that is not exempt under that Section.

2. Receiving lots. Any lot located in an HR zone within the First Hill Urban Center Village is eligible for extra residential floor area according to the provisions of this Section 23.45.516 to receive TDP from an eligible sending lot, subject to the limits and conditions in this Chapter 23.45 and Chapter 23.58A.

E. Combined lot development. When authorized by the Director pursuant to this Section 23.45.516, lots located on the same block in an HR zone may be combined, whether contiguous or not, solely for the purpose of allowing some or all of the capacity for chargeable floor area on one or more such lots under this chapter to be used on one or more other lots, according to the provisions of this subsection 23.45.516.E.

1. Up to all of the capacity on one lot, referred to in this subsection 23.45.516.E as the "base lot," for chargeable floor area in addition to the base FAR, pursuant to Section 23.45.510 (referred to in this subsection E as "bonus capacity"), may be used on one or more other lots, subject to compliance with all conditions to obtaining extra residential floor area, pursuant to Chapter 23.58A, as modified in this Section 23.45.516. For purposes of applying any conditions related to amenities or features provided on site under this Section 23.45.516, only the lot or lots on which such bonus capacity is used are considered to be the lot or site using a bonus. Criteria for use of extra residential floor area that apply to the structure or structures shall be applied only to the structure(s) on the lots using the transferred bonus capacity. For purposes of the condition to height above 240 feet in subsection C.2.b.3) of this Section 23.45.516, all lots in a combined lot development are considered as one lot.

2. Only if all of the bonus capacity on all lots in a combined lot development is used on fewer than all of those lots, there may be transferred from a base lot where no bonus capacity is used, to one or more other lots in the combined lot development, up to all of the unused base FAR on the base lot, without regard to limits on the transfer of TDP or on use of TDP in Chapter 23.58A or subsection 23.45.516.D. Such transfer shall be treated as a transfer of TDP for purposes of determining remaining development capacity on the base lot and TDP available to transfer under Chapter 23.58A, but shall be treated as additional base FAR on the other lots, and, to the extent that, together with other base floor area, it does not exceed the amount of chargeable floor area below the base height limit on the lot where it is used, it shall not be treated as extra residential floor area. If less than all of the bonus capacity of the base lot is used on such other lots, and if the base lot qualifies as a sending lot for TDP, the unused base FAR may be transferred as TDP to the extent permitted by Chapter 23.58A and this section, but in each case only to satisfy in part the conditions to extra floor area, not as additional base FAR.

3. To the extent permitted by the Director, the maximum chargeable floor area for any one or more lots in the combined lot development may be increased up to the combined maximum chargeable floor area under Section 23.45.510 computed for all lots participating in the combined lot development, provided that the maximum chargeable floor area on one or more other lots in the combined lot development is correspondingly reduced. To the extent permitted by the Director, and subject to subsection 23.45.516.E.2 above, the base floor area for any one or more lots in the combined lot development may be increased up to the combined base chargeable floor area under Section 23.45.510 computed for all lots participating in the combined lot development, provided that the base floor area on one or more other lots in the combined lot development is correspondingly reduced.

4. The Director shall allow a combined lot development only to the extent that the Director determines, in a Type I land use decision, that permitting more chargeable floor area than would otherwise be allowed on a lot or lots and the corresponding reduction on another lot or lots will result in a significant public benefit through one of more of the following:

a. preservation of a landmark structure located on the block or on an adjacent block either through the inclusion of the lot with the landmark structure as a base lot in the combined lot development or through the transfer of TDP from the lot with the landmark structure to a lot in the combined lot development;

b. inclusion on the same block of a structure in which low-income housing is provided to satisfy all or part of the conditions to extra residential floor area; and/or

c. provision of open space on the same block to satisfy in part the conditions to extra residential floor area.

5. The fee owners of each of the combined lots shall execute an appropriate agreement or instrument, which shall include the legal descriptions of each lot and shall be recorded in the King County real property records. In the agreement or instrument, the owners shall acknowledge the extent to which development capacity on each base lot is reduced by the use of such capacity on another lot or lots, at least for so long as the chargeable floor area for which such capacity is used remains on such other lot or lots. The agreement or instrument shall also provide that its covenants and conditions shall run with the land and shall be specifically enforceable by the parties and by the City of Seattle.

6. Nothing in this subsection 23.45.516.E shall allow the development on any lot in a combined lot development to exceed or deviate from height limits or other development standards.

F. Neighborhood Green Street Setback. Floor area may be gained for a neighborhood green street setback according to the provisions of Chapter 23.58A by development on lots abutting one of the streets or street segments within the First Hill Urban Village shown on Map A for 23.45.516.

{/PICK;23-45-516;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-516.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

G. Neighborhood open space. In HR zones, subject to the limits in this Section 23.45.516 and Chapter 23.58A, extra residential floor area may be gained through a voluntary agreement to provide neighborhood open space or a payment in lieu of neighborhood open space, according to the provisions of Section 23.58A.016.

(Ord. 123495, § 32, 2011; Ord. No. 123209, § 31, 2009.)

23.45.518 Setbacks and Separations

A. LR zones. Required setbacks for the LR zones are shown in Table A for 23.45.518.

Table A for 23.45.518: Required Setbacks in LR Zones measured in feet
All LR ZonesCategory of Residential Use
SetbackCottage Housing Developments and Single-Family Dwelling UnitsRowhouse DevelopmentsTownhouse DevelopmentsApartments
Front7 average; 5 minimum5 minimum7 average; 5 minimum5 minimum
Rear0 with Alley; 7 if no Alley0 with Alley; With no alley: 7 average; 5 minimum7 average; 5 minimum10 minimum with alley; 15 minimum if no alley
Side Setback for Facades 40 feet or less in length150, except that on side lot lines that abut a single-family zone, the setback is 555
Side Setback for Facades greater than 40 feet in length5 minimum0, except that on side lot lines that abut a single-family zone, the setback is 7 average; 5 minimum7 average; 5 minimum7 average; 5 minimum

Footnote to Table A for 23.45.518

1 Portions of structures that qualify for the FAR exemption in subsection 23.45.510.E.5 are not considered part of the facade length for the purposes of determining the side setback requirement.

B. MR zones. Minimum setbacks for the MR zone are shown in Table B for 23.45.518.

Table B for 23.45.518: MR Setbacks
Setback LocationRequired Setback Amount
Front and side setback from street lot lines7 foot average setback; 5 foot minimum setback
No setback is required if a courtyard abuts the street (see Exhibit A for 23.45.518) and the courtyard has:
a minimum width equal to 30 percent of the width of the abutting street frontage or 20 feet, whichever is greater; and
a minimum depth of 20 feet measured from the abutting street lot line.
Rear setback15 feet from a rear lot line that does not abut an alley; or 10 feet from a rear lot line abutting an alley.
Side setback from interior lot lineFor portions of a structure:
42 feet or less in height: 7 foot average setback; 5 foot minimum setback.
Above 42 feet in height: 10 foot average setback; 7 foot minimum setback.

Exhibit A for 23.45.518: MR Courtyard Example

{/PICK;23-45-518-1;26p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-518-1.tif;26p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

C. HR zones. Minimum setbacks for HR zones are shown in Table C for 23.45.518.

Table C for 23.45.518: HR Setbacks (see also Exhibit B for 23.45.518)
Setbacks for structures 85 feet in height or less
Structures 85 feet in height or less are subject to the setback provisions of the MR zone in subsection 23.45.518.A.
Setbacks for structures greater than 85 feet in height
Lot line abutting a streetFor portions of a structure:
45 feet or less in height: 7 foot average setback; 5 foot minimum setback, except that no setback is required for frontages occupied by street level uses or dwelling units with a direct entry from the street;
Greater than 45 feet in height: 10 foot minimum setback
Lot line abutting an alleyRear lot line abuts an alley: For portions of a structure:
45 feet or less in height: no setback required;
Greater than 45 feet in height: 10 foot minimum setback.
Lot line that abuts neither a street nor alleyFor portions of a structure:
45 feet or less in height: 7 foot average setback; 5 foot minimum setback, except that no setback is required for portions abutting an existing structure built to the abutting lot line;
Greater than 45 feet in height: 20 foot minimum setback.

{/PICK;23-45-518-2;35p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;34p;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit B for 23.45.518: HR Setbacks {/GRAPH;23-45-518-2.tif;35p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

D. Through lots. In the case of a through lot, each setback abutting a street except a side setback shall be a front setback. Rear setback requirements shall not apply to the lot.

E. Other requirements. Additional structure setbacks may be required in order to meet the provisions of Chapter 23.53, Requirements for Streets, Alleys and Easements.

F. Separations between multiple structures.

1. In LR and MR zones, the minimum required separation between principal structures at any two points on different interior facades is 10 feet, except for cottage housing developments, and principal structures separated by a driveway or parking aisle.

2. In LR and MR zones, if principal structures are separated by a driveway or parking aisle, the minimum required separation between the principal structures is 2 feet greater than the required width of the driveway or parking aisle, provided that the separation is not required to be any greater than 24 feet. If principal structures are separated by a driveway or parking aisle, projections that enclose floor area may extend a maximum of 3 feet into the required separation if they are at least 8 feet above finished grade.

3. Cottage housing developments in LR and MR zones:

a. The minimum required separation between principal structures at any two points on different interior facades is 6 feet, unless there is a principal entrance on an interior facade, in which case the minimum separation required from that facade is 10 feet.

b. Facades of principal structures shall be separated from facades of accessory structures by a minimum of 3 feet.

4. HR zones. Where two or more structures or portions of a structure above 85 feet in height are located on one lot, the minimum horizontal separation between interior facades in each height range is as provided in Table D for 23.45.518.

Table D for 23.45.518: HR Facade Separation for Structures on the Same Lot
Height RangeMinimum separation required between interior facades
0 to 45 feetNo minimum
Above 45 feet up to 160 feet30 feet
Above 160 feet40 feet

G. Front and rear setbacks and all separations on lots containing certain environmentally critical areas or buffers may be reduced pursuant to Sections 25.09.280 and 25.09.300.

H. Projections permitted in all required setbacks and separations.

1. Cornices, eaves, gutters, roofs and other forms of weather protection may project into required setbacks and separations a maximum of 4 feet if they are no closer than 3 feet to any lot line.

2. Garden windows and other features that do not provide floor area may project a maximum of 18 inches into required setbacks and separations if they are:

a. a minimum of 30 inches above the finished floor;

b. no more than 6 feet in height and 8 feet wide; and

c. combined with bay windows and other features with floor area, make up no more than 30 percent of the area of the façade.

3. Bay windows and other features that provide floor area may project a maximum of 2 feet into required setbacks and separations if they are:

a. no closer than 5 feet to any lot line;

b. no more than10 feet in width; and

c. combined with garden windows and other features included in subsection 23.45.518.H.2, make up no more than 30 percent of the area of the façade.

4. Unenclosed decks up to 18 inches above existing or finished grade, whichever is lower, may project into required setbacks or separations to the lot line.

5. Unenclosed porches or steps.

a. If setbacks are required pursuant to subsection A.1 of this Section 23.45.518, unenclosed porches or steps no higher than 4 feet above existing grade, or the grade at the street lot line closest to the porch, whichever is lower, may extend to within 4 feet of a street lot line, except that portions of entry stairs or stoops not more than 2.5 feet in height from existing or finished grade whichever is lower, excluding guard rails or hand rails, may extend to a street lot line. See Exhibit C for 23.45.518.

{/PICK;23-45-518-3;35p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;34p;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit C for 23.45.518: Setbacks for Unenclosed Porches {/GRAPH;23-45-518-3.tif;35p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

b. Permitted porches may be covered, provided that no portions of the cover-structure, including any supports, are closer than 3 feet to any lot line.

6. Fireplaces and chimneys may project up to 18 inches into required setbacks or separations.

I. Unenclosed decks and balconies may project a maximum of 4 feet into required setbacks if each one is:

1. no closer than 5 feet to any lot line;

2. no more than 20 feet wide; and

3. separated from other decks and balconies on the same façade of the structure by a distance equal to at least one-half the width of the projection.

J. Structures in required setbacks or separations.

1. Detached garages, carports or other accessory structures may be located in required separations and required rear or side setbacks, subject to the following requirements:

a. Any accessory structure located between a principal structure and a side lot line shall provide the setback required for the principal structure;

b. Any portion of an accessory structure located more than 25 feet from a rear lot line shall be set back at least 5 feet from the side lot line;

c. Accessory structures shall be set back at least 7 feet from any lot line that abuts a street; and

d. Accessory structures shall be separated by at least 3 feet from all principal structures, including the eaves, gutters, and other projecting features of the principal structure.

2. Ramps or other devices necessary for access for the disabled and elderly that meet the Seattle Residential Code, Section R322 or Seattle Building Code, Chapter 11-Accessibility, are permitted in any required setback or separation.

3. Uncovered, unenclosed pedestrian bridges, necessary for access and 5 feet or less in width, are permitted in any required setback or separation.

4. Underground structures are permitted in any required setback or separation.

5. Solar collectors may be permitted in required setbacks or separations, pursuant to the provisions of Section 23.45.545.

6. Freestanding structures, signs and similar structures 6 feet or less in height above existing or finished grade whichever is lower, may be erected in each required setback or separation, provided that signs meet the provisions of Chapter 23.55, Signs.

7. Fences.

a. Fences no greater than 6 feet in height are permitted in any required setback or separation, except that fences in the required front setback extended to side lot lines or in street side setbacks extended to the front and rear lot lines may not exceed 4 feet in height. Fences located on top of a bulkhead or retaining wall are also limited to 4 feet. If a fence is placed on top of a new bulkhead or retaining wall used to raise grade, the maximum combined height is limited to 9.5 feet.

b. Up to 2 feet of additional height for architectural features such as arbors or trellises on the top of a fence is permitted, if the architectural features are predominately open.

c. Fence height may be averaged along sloping grades for each 6 foot long segment of the fence, but in no case may any portion of the fence exceed 8 feet in height when the height permitted by subsection 23.45.518.J.7.a is 6 feet, or 6 feet in height when the height permitted by subsection 23.45.518.J.7.a is 4 feet.

8. Bulkheads and retaining walls.

a. Bulkheads and retaining walls used to raise grade may be placed in each required setback if they are limited to 6 feet in height, measured above existing grade. A guardrail no higher than 42 inches may be placed on top of a bulkhead or retaining wall existing as of January 3, 1997.

b. Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or 6 feet measured from the finished grade on the low side, whichever is greater. If the bulkhead is measured from the low side and it exceeds 6 feet, an open guardrail of no more than 42 inches meeting Seattle Residential Code or Seattle Building Code requirements may be placed on top of the bulkhead or retaining wall. Any fence shall be set back a minimum of 3 feet from such a bulkhead or retaining wall.

9. Arbors may be permitted in required setbacks or separation under the following conditions:

a. In each required setback or separation, an arbor may be erected with no more than a 40 square foot footprint, measured on a horizontal roof plane inclusive of eaves, to a maximum height of 8 feet. At least 50 percent of both the sides and the roof of the arbor shall be open, or, if latticework is used, there shall be a minimum opening of 2 inches between crosspieces.

b. In each required setback abutting a street, an arbor over a private pedestrian walkway with no more than a 30 square foot footprint, measured on the horizontal roof plane and inclusive of eaves, may be erected to a maximum height of 8 feet. At least 50 percent of the sides of the arbor shall open, or, if latticework is used, there shall be a minimum opening of 2 inches between crosspieces.

K. In all multifamily zones, certain additions to a single-family dwelling unit may extend into a required side setback if the structure is already nonconforming with respect to that setback, and if the presently nonconforming section is at least 60 percent of the total width of the respective facade of the structure prior to the addition. The line formed by the nonconforming wall of the structure shall be the limit to which any additions may be built, which may extend up to the height limit and may include basement additions (Exhibit D for 23.45.518), provided that additions shall be at least 3 feet from the side lot line.

Exhibit D for 23.45.518: Permitted Additions Into Required Setbacks for Existing Single-Family Dwelling Units

{/PICK;23-45-518-4;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-518-4.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123495, § 33, 2011; Ord. No. 123209, § 32, 2009.)

23.45.520 Highrise zone width & floor size limits

A. In HR zones, portions of structures above a height of 45 feet are limited to a maximum facade width of 110 feet. The width of the structure measured along the longest street lot line may be increased as follows, provided that if both street lot lines are of the same length, the increase in the width of the facade is only permitted along one street lot line:

1. A maximum facade width of 130 feet is permitted, provided that the average gross floor area of all stories above 45 feet in height does not exceed 10,000 square feet; or

2. If the applicant earns bonus residential floor area by providing all of the affordable housing within the project pursuant to Section 23.58A.014, the maximum facade width of the structure above 45 feet in height is 150 feet, provided that the average gross floor area of all stories above 45 feet in height does not exceed 12,000 square feet.

B. All portions of structures that reach the maximum facade width limit specified in subsection 23.45.520.A must be separated from any other portion of a structure on the lot above 45 feet at all points by the minimum horizontal distance shown on Table C for 23.45.518, except that projections permitted in required setbacks and separations pursuant to subsection 23.45.518.F are permitted.

(Ord. 123649, § 19, 2011; Ord. No. 123209, § 34, 2009)

23.45.522 Amenity area

A. Amount of amenity area required for rowhouse and townhouse developments and apartments in LR zones.

1. The required amount of amenity area for rowhouse and townhouse developments and apartments in LR zones is equal to 25 percent of the lot area.

2. A minimum of 50 percent of the required amenity area shall be provided at ground level, except that amenity area provided on the roof of a structure that meets the provisions of subsection 23.45.510.E.5 may be counted as amenity area provided at ground level.

3. For rowhouse and townhouse developments, amenity area required at ground level may be provided as either private or common space.

4. For apartments, amenity area required at ground level shall be provided as common space.

B. Amenity area requirements for cottage housing developments in all multifamily zones.

1. A minimum of 300 square feet of amenity area is required for each cottage.

2. A minimum of 150 square feet of amenity area is required for each carriage house.

3. The required quantity shall be allocated as follows:

a. Half of the amenity area required for each cottage, and all of the amenity area required for each carriage house, shall be provided as common amenity area; and

b. Half of the amenity area required for each cottage shall be provided as private amenity area for that unit.

4. The required common amenity area may be divided into no more than two separate areas, and shall:

a. have cottages or carriage houses abutting on at least two sides;

b. be in a location central to the cottage housing development; and

c. have no horizontal dimension of less than 10 feet.

5. Carriage houses shall have stairs that provide access to the common amenity area.

C. Amount of amenity area required in MR and HR zones. The required amount of amenity area in MR and HR zones is equal to 5 percent of the total gross floor area of a structure in residential use, except that cottage housing developments shall meet the standards in subsection B of this Section 23.45.522.

D. General requirements. Required amenity areas shall meet the following conditions:

1. All units shall have access to a common or private amenity area.

2. Enclosed amenity area.

a. In LR zones, an amenity area shall not be enclosed within a structure.

b. In MR and HR zones, except for cottage housing, no more than 50 percent of the amenity area may be enclosed, and this enclosed area shall be provided as common amenity area.

3. Projections into amenity areas. Structural projections that do not provide floor area, such as garden windows, may extend up to 2 feet into an amenity area if they are at least 8 feet above finished grade.

4. Private amenity area.

a. There is no minimum dimension for private amenity areas, except that if a private amenity area abuts a side lot line that is not a side street lot line, the minimum horizontal dimension measured from the side lot line is 10 feet.

b. An unenclosed porch that is a minimum of 60 square feet in size, and that faces a street or a common amenity area, may be counted as part of the private amenity area for the rowhouse, townhouse, or cottage to which it is attached.

5. Common amenity area for rowhouse and townhouse developments and apartments shall meet the following conditions:

a. No common amenity area shall be less than 250 square feet in area, and common amenity areas shall have a minimum horizontal dimension of 10 feet.

b. Common amenity area shall be improved as follows:

1) At least 50 percent of common amenity area provided at ground level shall be landscaped with grass, ground cover, bushes and/or trees.

2) Elements that enhance the usability and livability of the space for residents, such as seating, outdoor lighting, weather protection, art, or other similar features shall be provided.

c. The common amenity area required at ground level for apartments shall be accessible to all apartment units.

5. Parking areas, vehicular access easements, and driveways do not qualify as amenity areas, except that a woonerf may provide a maximum of 50 percent of the amenity area if the design of the woonerf is approved through a design review process pursuant to Chapter 23.41.

6. Swimming pools, spas, and hot tubs may be counted toward meeting the amenity area requirement.

7. Rooftop areas excluded because they are near minor communication utilities and accessory communication devices, pursuant to subsection 23.57.011.C.1, do not qualify as amenity areas.

E. No amenity area is required for a dwelling unit added to a single-family dwelling unit existing as of January 1, 1982, or to a multifamily residential use existing as of October 10, 2001.

(Ord. 123495, § 34, 2011; Ord. No. 123209, § 36, 2009.)

23.45.524 Landscaping standards

A. Landscaping requirements.

1. Standards. All landscaping provided to meet requirements under this Section 23.45.524 shall meet standards promulgated by the Director to provide for the long-term health, viability, and coverage of plantings. These standards may include, but are not limited to, the type and size of plants, number of plants, spacing of plants, depth and quality of soil, use of drought-tolerant plants, and access to light and air for plants.

2. Green Factor requirement.

a. Landscaping that achieves a Green Factor score of 0.6 or greater, determined as set forth in Section 23.86.019, is required for any lot with development containing more than one dwelling unit in Lowrise zones. Vegetated walls may not count towards more than 25 percent of a lot's Green Factor score.

b. Landscaping that achieves a Green Factor score of 0.5 or greater, determined as set forth in Section 23.86.019, is required for any lot with development containing more than one dwelling unit in Midrise and Highrise zones.

B. Street tree requirements.

1. Street trees are required if any type of development is proposed, except as provided in subsection 23.45.524.B.2 and B.3 below and Section 23.53.015. Existing street trees shall be retained unless the Director of the Seattle Department of Transportation approves their removal. The Director, in consultation with the Director of the Seattle Department of Transportation, shall determine the number, type, and placement of additional street trees to be provided in order to:

a. improve public safety;

b. promote compatibility with existing street trees;

c. match trees to the available space in the planting strip;

d. maintain and expand the urban forest canopy;

e. encourage healthy growth through appropriate spacing;

f. protect utilities; and

g. allow access to the street, buildings and lot.

2. Exceptions to street tree requirements.

a. If a lot borders an unopened right-of-way, the Director may reduce or waive the street tree requirement along that right-of-way as a Type I decision if, after consultation with the Director of the Seattle Department of Transportation, the Director determines that the right-of-way is unlikely to be opened or improved.

b. Street trees are not required for any of the following:

1) changing a use

2) expanding a structure by 1,000 square feet or less;

3) expanding surface parking by less than 10 percent in area and less than 10 percent in number of spaces; or

4) establishing a temporary or intermittent use pursuant to Section 23.42.040.

c. If an existing structure is proposed to be expanded by more than 1,000 square feet, one street tree is required for each 500 square feet over the first 1,000 square feet of additional structure, up to the maximum number of trees that would be required for new construction.

3. If it is not feasible to plant street trees in a right-of-way planting strip, a 5 foot setback shall be planted with street trees along the street lot line, or landscaping other than trees shall be provided in the planting strip, subject to approval by the Director of the Seattle Department of Transportation. If, according to the Director of the Department of Transportation, a 5 foot setback or landscaped planting strip is not feasible, the Director may reduce or waive this requirement as a Type I decision.

(Ord. 123495, § 35, 2011; Ord. No. 123209, § 38, 20090

23.45.526 LEED, Built Green, and Evergreen Sustainable Development Standards

A. Applicants for all new development gaining extra residential floor area, pursuant to this Chapter 23.45, or seeking to qualify for the higher FAR limit in Table A for 23.45.510, except additions and alterations, shall make a commitment that the structure will meet green building performance standards by earning a Leadership in Energy and Environmental Design (LEED) Silver rating or a Built Green 4-star rating of the Master Builders Association of King and Snohomish Counties, except that an applicant who is applying for funding from the Washington State Housing Trust Fund and/or the Seattle Office of Housing to develop new affordable housing, as defined in subsection 23.45.526.D, may elect to meet green building performance standards by meeting the Washington Evergreen Sustainable Development Standards (ESDS).

B. The Director may establish, by rule, procedures for determining whether an applicant has demonstrated that a new structure has earned a LEED Silver rating or a Built Green 4-star rating, or met the ESDS, provided that no rule may assign authority for making a final determination to any person other than an officer of the Department of Planning and Development or another City agency with regulatory authority and expertise in green building practices.

C. The applicant shall demonstrate to the Director the extent to which the applicant has complied with the commitment to meet the green building performance standards 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, pursuant to Section 23.90.018.D.

D. For purposes of this Section 23.45.526:

1. LEED Silver, Built Green 4-star or Evergreen Sustainable Development Standard rating means a level of performance for a structure that earns at least the minimum number of credits specified to achieve one of the following:

a. A silver certificate either for LEED for New Construction Version 2009 or for LEED for Homes Version 2008 with 2009 errata, at the election of the applicant, according to the criteria in the U.S. Green Building Council's LEED Green Building Rating System;

b. A 4-Star rating either for Built Green Multi-Family Version 2008 or Built Green Single-Family/Townhome New Construction Version 2007, at the election of the applicant, according to the criteria in the Master Builders Association of King and Snohomish Counties Rating System;

c. Evergreen Sustainable Development Standard Version 1.2 according to the State of Washington Department of Commerce Rating System;

2. Copies of the rating systems listed in subsection 23.45.526.D.1 are filed with the City Clerk in C.F. 310286, and incorporated by reference.

(Ord. 123495, § 36, 2011; Ord. No. 123209, § 39, 2009.)

23.45.527 Structure width and façade length limits in LR zones

A. Structure width in LR zones may not exceed the width indicated on Table A for 23.45.527.

Table A for 23.45.527: Maximum Structure Width in LR zones in feetZone
Width in feet by Category of Residential Use
Cottage Housing and Rowhouse DevelopmentsTownhouse DevelopmentsApartments
LR1No limit6045
LR2No limit9090
LR3 outside Urban Villages, Urban Centers or Station Area Overlay DistrictsNo limit120120
LR3 inside Urban Villages, Urban Centers or Station Area Overlay DistrictsNo limit150150

B. Maximum façade length in Lowrise zones.

1. The maximum combined length of all portions of façades within 15 feet of a lot line that is neither a rear lot line nor a street or alley lot line shall not exceed 65 percent of the length of that lot line, except as specified in subsection 23.45.527.B.2.

2. For a rowhouse development on a lot that abuts the side lot line of a lot in a single-family zone, the maximum combined length of all portions of façades within 15 feet of the abutting side lot line is 40 feet.

(Ord. 123495, § 37, 2011.)

23.45.528 Structure width and depth limits for lots in Midrise zones greater than 9,000 square feet in size

The width and depth limits of this Section 23.45.528 apply to lots in MR zones that are greater than 9,000 square feet in lot area.

A. The width of principal structures shall not exceed 150 feet.

B. Structure depth.

1. The depth of principal structures shall not exceed 75 percent of the depth of the lot, except as provided in subsection 23.45.528.B.2.

2. Exceptions to structure depth limit. To allow for front setback averaging and courtyards as provided in Section 23.45.518, structure depth may exceed the limit set in subsection 23.45.528.B.1 if the total lot coverage resulting from the increased structure depth does not exceed the lot coverage that would have otherwise been allowed without use of the courtyard or front setback averaging provisions.

(Ord. 123495, § 38, 2011; Ord. No. 123209, § 29, 2009.)

23.45.529 Design standards

A. Intent. The intent of the design standards in this Section 23.45.529 is to:

1. Enhance street-facing facades to provide visual interest, promote new development that contributes to an attractive streetscape, and avoid the appearance of blank walls along a street;

2. Foster a sense of community by integrating new pedestrian-oriented multifamily development with the neighborhood street environment and promoting designs that allow easy surveillance of the street by area residents;

3. Promote livability in multifamily areas by providing a sense of openness and access to light and air; and

4. Encourage the compatibility of a variety of housing types with the scale and character of neighborhoods where new multifamily development occurs.

B. Application of provisions. The provisions of this Section 23.45.529 apply to all residential uses that do not undergo any type of design review pursuant to Chapter 23.41, except single-family dwelling units.

C. Treatment of street-facing facades. For the purposes of this subsection 23.45.529.C, a street-facing facade includes all vertical surfaces enclosing interior space, including gables and dormers, as shown in Exhibit A for 23.45.529.

{/PICK;23-45-529-1;35p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;34p;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit A for 23.45.529: Measurement of Street-facing Facades {/GRAPH;23-45-529-1.tif;35p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

1. Façade openings.

a. At least 20 percent of the area of each street-facing façade shall consist of windows and/or doors.

b. Only transparent windows count toward the requirement for façade openings in this subsection 23.45.529.C.1. Windows composed of glass blocks or opaque glass, garage doors, and doors to utility and service areas, do not count.

2. Façade articulation.

a. If a street-facing facade or portion of a street-facing façade is not vertical, the Director shall determine whether the façade is substantially vertical and required to comply with this subsection 23.45.529.C.

b. If the street-facing façade of a structure exceeds 750 square feet in area, division of the façade into separate facade planes is required (see Exhibit B for 23.45.529).

c. In order to be considered a separate façade plane for the purposes of this subsection 23.45.529.C.2, a portion of the street-facing façade shall have a minimum area of 150 square feet and a maximum area of 500 square feet, and shall project or be recessed from abutting façade planes by a minimum depth of 18 inches.

d. Trim that is a minimum of 0.75 inches deep and 3.5 inches wide is required to mark roof lines, porches, windows and doors on all street-facing facades.

{/PICK;23-45-529-2;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit B for 23.45.529: Street-facing Facades {/GRAPH;23-45-529-2.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

e. The Director may allow exceptions to the façade articulation requirements in this subsection 23.45.529.C.2, if the Director determines that the street-facing façade will meet the intent of subsection 23.45.529.A.1, and the intent of subsections 23.45.529.D.2, E.3, and F.4 for cottage housing developments, rowhouse developments, and townhouse developments, respectively, through one or more of the following street-facing façade treatments:

1) Variations in building materials and/or color, or both, that reflect the stacking of stories or reinforce the articulation of the façade;

2) Incorporation of architectural features that add interest and dimension to the façade, such as porches, bay windows, chimneys, pilasters, columns, cornices, and/or balconies;

3) Special landscaping elements provided to meet Green Factor requirements pursuant to Section 23.45.524, such as trellises, that accommodate vegetated walls covering a minimum of 25 percent of the façade surface;

4) Special fenestration treatment, including an increase in the percentage of windows and doors to at least 25 percent of the street-facing façade(s).

D. Design standards for cottage housing developments.

1. Pedestrian entry. Each cottage with a street-facing façade that is located within 10 feet of the street lot line shall have a visually prominent pedestrian entry through the use of covered stoops, porches, or other architectural entry features. For cottages on corner lots that have more than one street-facing façade within 10 feet of the street lot line, a visually prominent pedestrian entry is required on only one of the street-facing facades. Access to these entrances may be through a required private amenity area that abuts the street.

2. Architectural expression. Cottage housing developments shall include architectural details that reduce the visual scale of the units. Each cottage shall employ one or more of the following design techniques to reduce visual scale of the units:

a. Attached covered porch

b. Roofline features such as dormers or clerestories

c. Bay windows

d. Variation in siding texture and materials

e. Other appropriate architectural techniques demonstrated by the applicant to reduce the visual scale of cottages.

E. Design standards for rowhouse developments.

1. Pedestrian entry. Each rowhouse unit shall have a pedestrian entry on the street-facing facade that is designed to be visually prominent through the use of covered stoops, porches, or other architectural entry features. For rowhouse units on corner lots, a visually prominent pedestrian entry is required on only one of the street-facing facades.

2. Front setback. Design elements to provide a transition between the street and the rowhouse units, such as landscaping, trees, fences, or other similar features, are required in the front setback.

3. Architectural expression. The street-facing façade of a rowhouse unit shall provide architectural detail or composition to visually identify each individual rowhouse unit as seen from the street. Design elements such as trim or molding, modulation, massing, color and material variation, or other similar features may be used to achieve visual identification of individual units. Rooftop features such as dormers or clerestories, or roofline variation may be used to visually identify individual rowhouse units.

F. Design Standards for townhouse developments.

1. Building orientation. Townhouse developments shall maximize the orientation of individual units to the street by complying with one of the following conditions:

a. At least 50 percent of the townhouse units shall be located so that there is no intervening principal structure between the unit and the street, unless the intervening principal structure was established under permit as of October 31, 2001, or was granted a permit on October 31, 2001 and the permit has not expired; or

b. All townhouse units shall have direct access to a common amenity area meeting the requirements of Section 23.45.522 that either abuts the street or is visible and accessible from the street by a clear pedestrian pathway.

2. A clear pedestrian pathway from the street to the entrance of each townhouse unit shall be provided. The pedestrian pathway may be part of a driveway, provided that the pathway is differentiated from the driveway by pavement color, texture, or similar technique. Signage identifying townhouse unit addresses and the directions to the unit entrance(s) from the street shall be provided.

3. Each townhouse unit, with a street-facing façade shall have a pedestrian entry on the street-facing facade that is designed to be visually prominent feature through the use of covered stoops, porches, or other architectural entry features. For townhouse units on corner lots, a visually prominent pedestrian entry is required on only one of the street-facing facades.

4. Architectural expression. Architectural detail or composition shall be provided to visually identify each individual townhouse unit, as seen from the public street. Design elements such as trim or molding, modulation, massing, color and material variation or other similar features may be used to achieve visual identification of individual units. Rooftop features such as dormers or clerestories, or roofline variation may be used to visually identify individual townhouse units.

G. Building entry orientation standards for apartments.

1. For each apartment structure, a principal shared pedestrian entrance is required that faces either a street or a common amenity area, such as a landscaped courtyard, that abuts and has direct access to the street. Additional pedestrian entrances to individual units are permitted.

2. If more than one apartment structure is located on a lot, each apartment structure separated from the street by another principal structure shall have a principal entrance that is accessible from a common amenity area with access to the street.

3. The shared entrance of each apartment structure shall have a pedestrian entry that is designed to be visually prominent, through the use of covered stoops, overhead weather protection, a recessed entry, or other architectural entry features.

(Ord. 123495, § 39, 2011)

23.45.531 Development standards for cottage housing developments and carriage house structures

A. Size limit for dwelling units.

1. The maximum gross floor area of each cottage in a cottage housing development is 950 square feet.

2. The maximum gross floor area of a carriage house is 600 square feet.

B. Size limit for garages. The maximum gross floor area for a shared garage structure in a cottage housing development is 1,200 square feet, and the garage shall contain no more than four parking spaces.

C. Carriage house structures. A carriage house structure is permitted in a cottage housing development subject to the following standards:

1. The maximum number of dwelling units permitted in carriage house structures is one-third of the total number of units in the cottage housing development on the lot.

2. The maximum gross floor area of the ground floor of a carriage house structure is 1,200 square feet.

D. Existing single-family dwelling units in a cottage housing development. Existing single-family dwelling units that are non-conforming with respect to the standards for a cottage housing development are permitted to remain, provided that the extent of the nonconformity shall not be increased.

(Ord. 123495, § 41, 2011)

23.45.532 Standards for ground floor commercial uses in MR and HR zones

A. All ground-floor commercial uses permitted pursuant to Section 23.45.504, except medical service uses permitted pursuant to Section 23.45.506, shall meet the following conditions:

1. The commercial use is permitted only on the ground floor of a structure. On sloping lots, the commercial use may be located at more than one level within the structure as long as the floor area in commercial use does not exceed the area of the structure's footprint. See Exhibit A for 23.45.532.

{/PICK;23-45-532;32p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-45-532.tif;32p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;31p;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit A for 23.45.532\.

2. The gross floor area of any one business establishment can be no greater than 4,000 square feet, except that the gross floor area of a multi-purpose retail sales establishment may be up to 10,000 square feet.

B. No loading berths are required for ground-floor commercial uses. If provided, loading berths shall be located so that access to residential parking is not blocked.

C. Identifying business signs are permitted pursuant to Chapter 23.55, Signs.

(Ord. No. 123209, § 40, 2009).

23.45.534 Light and glare standards

A. Exterior lighting shall be shielded and directed away from adjacent properties.

B. Interior lighting in parking garages shall be shielded to minimize nighttime glare on adjacent properties.

C. To prevent vehicle lights from affecting adjacent properties, driveways and parking areas for more than two vehicles shall be screened from abutting properties by a fence or wall between 5 feet and 6 feet in height, or a solid evergreen hedge or landscaped berm at least 5 feet in height. If the elevation of the lot line is different from the finished elevation of the driveway or parking surface, the difference in elevation may be measured as a portion of the required height of the screen so long as the screen itself is a minimum of 3 feet in height. The Director may waive the requirement for the screening if it is not needed due to changes in topography, agreements to maintain an existing fence, or the nature and location of adjacent uses.

(Ord. 123495, § 42, 2011; Ord. No. 123209, § 41, 2009.)

23.45.536 Parking location, access, and screening

A. Off-street parking spaces are required to the extent provided in Chapter 23.54, Quantity and design standards for access and off-street parking.

B. Location of parking.

1. If parking is required, it shall be located on the same lot as the use requiring the parking, except as otherwise provided in this subsection 23.45.536.B.

2. Except as otherwise provided in this subsection 23.45.536.B, surface parking may be located anywhere on a lot except:

a. between a principal structure and a street lot line;

b. in the required front setback or side street side setback; and

c. within 7 feet of any street lot line.

3. Parking in a structure. Parking may be located in a structure or under a structure, provided that no portion of a garage that is higher than 4 feet above existing or finished grade, whichever is lower, shall be closer to a street lot line than any part of the first floor of the structure in which it is located;

4. On a through lot, parking may be located between the structure and one front lot line. The front setback in which the parking may be located will be determined by the Director based on the prevailing character and setback patterns of the block.

5. On waterfront lots in the Shoreline District, parking may be located between the structure and the front lot line, if necessary to prevent blockage of view corridors or to keep parking away from the edge of the water, as required by Chapter 23.60, Shoreline District.

6. Parking accessory to a residential use may be located on a lot within 800 feet of the lot where the residential use that requires the parking is located, provided that:

a. the lot is not located in a single-family zone; and

b. the requirements of Section 23.54.025 are met.

C. Access to parking.

1. Alley access required. Except as otherwise expressly required or permitted in subsections C or D of this Section 23.45.536, access to parking shall be from the alley if the lot abuts an alley and one of the conditions in this subsection 23.45.536.C.1 is met.

a. The alley is improved to the standards of subsection 23.53.030.C;

b. The development gains additional FAR pursuant to Section 23.45.510.C; or

c. The Director determines that alley access is feasible and desirable to mitigate parking access impacts, improve public safety, and/or maintain on-street parking capacity.

2. Street access required. Access to parking shall be from the street if:

a. The lot does not abut an alley.

b. The lot abuts an alley, and the Director determines that the alley should not be used for access, for one or more of the following reasons:

1) Due to the relationship of the alley to the street system, use of the alley for parking access would create a significant safety hazard; or

2) Topography makes alley access infeasible.

3) The alley is on the uphill side of a steeply sloping lot, and the following conditions are met:

i. access from the street is to common parking garage in or under the structure, located a maximum of 4 feet above grade.

ii. the siting of development results in an increased Green Factor score, larger ground-level amenity areas, and/or reduced surface parking area than if alley access is used.

3. On corner lots, if street access is permitted pursuant to subsection 23.45.536.C.2, the applicant may determine the street from which access is taken, unless the Director determines that the use of the street chosen by the applicant would create a significant safety hazard.

4. On steeply sloping lots, the Director may permit the use of both an alley and a street for access, provided that the following conditions are met:

a. access from the street is to common parking garage in or under the structure, that is underground or extends no more than 4 feet above grade.

b. the siting of development results in an increased Green Factor score, larger ground-level amenity areas, and/or reduced surface parking area than if alley access alone is used.

c. In LR zones, if the project uses both the alley and street for access to parking other than required barrier-free parking spaces, the project does not qualify the higher FAR limit in Section 23.45.510.B.

5. Access to required barrier-free parking spaces that meet the standards in the Seattle Residential Code, Section R322, or the Seattle Building Code, Chapter 11, may be from either the street or alley, or both.

6. If the alley is used for access, the alley shall be improved according to the standards in subsections 23.53.030.E and F, except that if a development gains additional FAR pursuant to subsection 23.45.510.C, the alley shall be paved rather than improved with crushed rock, even for lots containing fewer than ten units.

7. If the lot does not abut an improved alley or street, access may be permitted from an easement that meets the provisions of Chapter 23.53, Requirements for Streets, Alleys, and Easements.

D. Screening of parking.

1. Parking shall be screened from direct street view by the street facing facade of a structure, by garage doors, or by a fence or wall.

2. Screening by a fence or wall. If screening is provided by a fence or wall, the fence or wall shall not be located within any required sight triangle, and shall meet the following conditions:

a. the fence or wall shall be at least 3 feet tall measured from the elevation of the curb, or from the elevation of the street if no curb is present. If the elevation of the ground at the base of the fence or wall is higher than the finished elevation of the parking surface, the difference in elevation may be measured as a portion of the required height of the screen, so long as the fence or wall is a minimum of 3 feet in height. If located in a setback, the fence or wall shall meet the requirements subsection 23.45.518.J.7.

b. the fence or wall shall be set back at least 3 feet from the lot line.

3. Screening by garage doors. If parking is provided in a garage in or attached to a principal structure, and garage door(s) face a street, the following standards apply:

a. Garage doors may be no more 75 square feet in area;

b. Garage doors facing the street shall be set back at least 15 feet from the street lot line, and shall be no closer to the street lot line than the street-facing façade of the structure.

(Ord. 123495, § 43, 2011; Ord. No. 123209, § 43, 2009)

23.45.545 Standards for certain accessory uses

A. Private, permanent swimming pools, hot tubs and other similar uses are permitted in any required setback, provided that:

1. No part of any swimming pools, hot tubs and other similar uses shall project more than 18 inches above existing grade in a required front setback; and

2. No swimming pool shall be placed closer than 5 feet to any front or side lot line.

3. Swimming pools shall be enclosed with a fence, or located within an area enclosed by a fence, not less than 4 feet in height and designed to resist the entrance of children.

B. Solar greenhouses, greenhouses and solariums.

1. Solar greenhouses, greenhouses and solariums, in each case that are attached to and integrated with the principal structure and no more than 12 feet in height are permitted in a required rear setback, subject to subsection 23.45.545.B.3, and may extend a maximum of 6 feet into required front and side setbacks, subject to subsection 23.45.545.B.2.

2. An attached solar greenhouse, greenhouse or solarium, in a required setback, shall be no closer than 3 feet from side lot lines and 8 feet from front lot lines.

3. A solar greenhouse, greenhouse or solarium allowed pursuant to subsection 23.45.545.B.1 shall not be closer than 5 feet to the rear lot line, except that it may abut an alley if it is no taller than 10 feet along the rear lot line, is of no greater average height than 12 feet for a depth of 15 feet from the rear lot line, and is no wider that 50 percent of lot width for a depth of 15 feet from the rear lot line.

C. Solar collectors.

1. Solar collectors that meet minimum written energy conservation standards administered by the Director are permitted in required setbacks, subject to the following:

a. Detached solar collectors are permitted in required rear setbacks, no closer than 5 feet to any other principal or accessory structure.

b. Detached solar collectors are permitted in required side setbacks, no closer than 5 feet to any other principal or accessory structure, and no closer than 3 feet to the side lot line.

2. Sunshades that provide shade for solar collectors that meet minimum written energy conservation standards administered by the Director may project into southern front or rear setbacks. Those that begin at 8 feet or more above finished grade may be no closer than 3 feet from the lot line. Sunshades that are between finished grade and 8 feet above finished grade may be no closer than 5 feet to the lot line.

3. Solar collectors on roofs. Solar collectors that meet minimum written energy conservation standards administered by the Director and that are located on a roof are permitted as follows:

a. In Lowrise zones up to 4 feet above the maximum height limit or 4 feet above the height of elevator penthouse(s); and

b. In MR and HR zones up to 10 feet above the maximum height limit or 10 feet above the height of elevator penthouse(s).

c. If the solar collectors would cause an existing structure to become nonconforming, or increase an existing nonconformity, the Director may permit the solar collectors as a special exception pursuant to Chapter 23.76. Such solar collectors may be permitted even if the structure exceeds the height limits established in this subsection 23.45.545.C.3, when the following conditions are met:

a. There is no feasible alternative solution to placing the collector(s) on the roof; and

b. Such collector(s) are located so as to minimize view blockage from surrounding properties and the shading of property to the north, while still providing adequate solar access for the solar collectors.

D. Solar Collectors on Roofs. Solar collectors that are located on a roof and meet minimum energy conservation standards administered by the Director are permitted as follows:

1. In Lowrise zones, up to 4 feet above the maximum height limit or 4 feet above the height of elevator penthouse(s), whichever is higher; and

2. In MR and HR zones, up to 10 feet above the applicable height limit or 10 feet above the height of elevator penthouse(s), whichever is higher.

E. Nonconforming Solar Collectors. The Director may permit the installation of solar collectors that meet minimum energy standards and that increase an existing nonconformity as a special exception pursuant to Chapter 23.76. Such an installation may be permitted even if it exceeds the height limits established in Sections 23.45.009 and 23.45.514 when the following conditions are met:

1. There is no feasible alternative solution to placing the collector(s) on the roof;

2. Such collector(s) are located so as to minimize view blockage from surrounding properties and the shading of property to the north, while still providing adequate solar access for the solar collectors.

F. Open wet moorage facilities for residential uses are permitted as an accessory use pursuant to Chapter 23.60, Shoreline District, if only one slip per residential unit is provided.

G. Bed and Breakfast Uses. A bed and breakfast use may be operated under the following conditions:

1. The bed and breakfast use has a business license issued by the Department of Finance;

2. The operation of a bed and breakfast use is conducted within a single dwelling unit;

3. The bed and breakfast use is operated within the principal structure and not in an accessory structure;

4. There shall be no evidence of a bed and breakfast use from the exterior of the structure other than a sign permitted by Section 23.55.022.D.1, so as to preserve the residential appearance of the structure;

5. No more than two people who are not residents of the dwelling may be employed in the operation of a bed and breakfast, whether or not compensated; and

6. Parking is required pursuant to Chapter 23.54. Interior and exterior alterations consistent with the development standards of the underlying zone are permitted.

H. Heat recovery incinerators, located on the same lot as the principal use, may be permitted by the Director as accessory administrative conditional uses, pursuant to Section 23.45.506.

I. In Lowrise zones, lots that include rowhouse and townhouse units may include accessory dwelling units as follows:

1. No more than one accessory dwelling unit shall be located on a lot.

2. The principal structure on the lot shall include one and only one dwelling unit other than the accessory dwelling unit, which other dwelling unit is referred to in this subsection 23.45.545.I as the "principal unit".

3. The owner of the lot shall comply with the owner occupancy requirements of subsection 23.44.041C.

4. Maximum gross floor area:

a. The maximum gross floor area of an accessory dwelling unit is 650 square feet;

b. The gross floor area of the accessory dwelling unit may not exceed 40 percent of the total gross floor area in residential use on the lot, exclusive of garages, storage sheds, and other nonhabitable spaces.

5. An accessory dwelling unit shall be located completely within the same structure as the principal unit or in an accessory structure located between the rowhouse or townhouse unit and the rear lot line.

6. The entrance to an accessory dwelling unit provided within the same structure as the principal unit shall be provided through one of the following configurations:

a. Through the primary entry to the principal unit; or

b. Through a secondary entry on a different façade than the primary entry to the principal unit; or

c. Through a secondary entry on the same façade as the primary entry to the principal unit that is smaller and less visually prominent than the entry to the principal unit, and does not have a prominent stoop, porch, portico or other entry feature.

7. Exterior stairs. Exterior stairs providing access to an accessory dwelling unit may not exceed 4 feet in height, except for exterior stairs providing access to an accessory dwelling unit located above a garage.

8. Parking. Parking is not required for an accessory dwelling unit.

J. An accessory dwelling unit within an established single-family dwelling unit or on the lot of an established single-family dwelling unit shall be considered an accessory use to the single-family dwelling unit, shall meet the standards listed for accessory dwelling units in Section 23.44.041, and shall not be considered a separate dwelling unit for any development standard purposes in multifamily zones.

(Ord. 123495, § 44, 2011; Ord. 123378, § 15, 2010; Ord. 123209, § 45, 2009.)

23.45.570 Institutions

A. General Provisions.

1. The establishment of new institutions, such as religious facilities, community centers, private schools, and child care centers in multifamily zones is permitted pursuant to Section 23.45.504.

2. Public schools are permitted as regulated in Chapter 23.51B.

3. If the expansion of an existing institution meets all development standards of this Section 23.45.570, it is permitted outright. Expansions not meeting development standards may be permitted as administrative conditional uses subject to the requirements of Section 23.45.506. Structural work that does not increase usable floor area or seating capacity and does not exceed the height limit is not considered expansion. Such work includes but is not limited to roof repair or replacement, and construction of uncovered decks and porches, bay windows, dormers, and eaves. The establishment of a child care center in a legally established institution devoted to the care or instruction of children that does not require expansion of the existing structure or violate any condition of approval of the existing institutional use is not considered an expansion of the use.

4. The provisions of this Chapter 23.45 apply to Major Institution uses as provided in Chapter 23.69, Major Institution Overlay District.

B. Institutions located in LR zones shall meet the development standards of this Section 23.45.570. Institutions located in MR and HR zones shall meet the development standards of the zone, and shall also meet the standards for parking, dispersion, and odors in subsections G, J, and H of this Section 23.45.570.

C. Height limits in Lowrise zones.

1. The height limit for institutions shall be the height limit for apartments in the applicable zone, except as provided in this subsection 23.45.570.C.

2. In LR1 and LR2 zones, for gymnasiums, auditoriums, and wood shops that are accessory to an institution, the maximum permitted height is 35 feet if all portions of the structure above the height limit of the zone are set back at least 20 feet from all lot lines. Pitched roofs on the auditorium, gymnasium or wood shop with a slope of not less than 4:12 may extend 10 feet above the 35-foot height limit. No portion of a shed roof on a gymnasium, auditorium or wood shop is permitted to extend beyond 35 feet.

3. In LR3 zones, pitched roofs on an auditorium, gymnasium, or wood shop with a slope of not less than 4:12 may extend 10 feet above the height limit, except that no portion of a shed roof is permitted to extend beyond the height limit.

D. Structure width in Lowrise zones.

1. The maximum permitted width for structures in institutional use in Lowrise zones is as shown in Table A for 23.45.570.

Table A for 23.45.570: Width Limits for Institutions in Lowrise zones
ZoneMaximum Width Without Green FactorMaximum Width With Green Factor
Lowrise 145 feet75 feet
Lowrise 245 feet90 feet
Lowrise 360 feet150 feet

2. In order to achieve the maximum width permitted in each zone, institutional structures are required to reduce the appearance of bulk by providing landscaping that achieves a Green Factor score of .5 or greater, pursuant to the standards set forth in Section 23.86.019.

E. Structure Depth in Lowrise zones. The maximum permitted depth of institutional structures is 65 percent of lot depth.

F. Setback Requirements in Lowrise zones.

1. Front Setback. The minimum depth of the required front setback is determined by the average of the setbacks of structures on adjoining lots, but is not required to exceed 20 feet. The setback shall not be reduced below an average of 10 feet, and no portion of the structure may be closer than 5 feet to a front lot line.

2. Rear Setback. The minimum rear setback is 10 feet.

3. Side Setback.

a. The minimum side setback is 10 feet from a side lot line that abuts any other residentially zoned lot. A 5 foot setback are required in all other cases, except that the minimum side street side setback is 10 feet.

b. When the depth of a structure exceeds 65 feet, an additional setback is required for that portion of the structure in excess of 65 feet. This additional setback may be averaged along the entire length of the wall. The side setback requirement for portions of walls subject to this provision shall be provided as shown in Table C for 23.45.570.

Table C for 23.45.570: Side Setback Requirements for Institutional Structures Greater than 65 Feet in Depth in Lowrise zones Structure Depth in feet
Side Setback Requirement in feet
Up to 20 in heightGreater than 20 up to 40 in heightGreater than 40 up to 60 in heightGreater than 60 up to 80 in heightGreater than 80 in height
Up to 7012141618
Greater than 70, up to 801315171921
Greater than 80, up to 901416182022
Greater than 90, up to 1001517192123
Greater than 1001618202224

4. Setbacks for Specific Items. The following shall be located at least 20 feet from any abutting residentially zoned lot:

a. Emergency entrances;

b. Main entrance door of the institutional structure;

c. Outdoor play equipment and game courts;

d. Operable window of gymnasium, assembly hall or sanctuary;

e. Garbage and trash disposal mechanism;

f. Kitchen ventilation;

g. Air-conditioning or heating mechanism;

h. Similar mechanisms and features causing noise and/or odors as determined by the Director.

5. Accessory structures and projections from principal structures are allowed in required setbacks on lots developed with institutional uses to the same extent that those accessory structures or projections would be allowed for apartments in the zone, except that no accessory structures other than freestanding walls, fences, bulkheads, or similar structures shall be closer than 10 feet to a side lot line abutting another lot in a residential zone.

G. Parking.

1. Parking Quantity. Parking and loading is required pursuant to Section 23.54.015.

2. Location of Parking. Parking areas and facilities may be located anywhere on the lot except in the required front setback or side street side setback.

3. Screening of Surface Parking Areas. Surface parking areas for more than five vehicles shall be screened in accordance with the following requirements and the provisions of Section 23.45.524.

a. Screening shall be provided on each side of the parking area which abuts, or faces across a street, alley or access easement, a lot in a residential zone.

b. Screening shall consist of a fence, solid evergreen hedge or wall between 4 and 6 feet in height. Sight triangles must be provided. Fences surrounding sports fields/recreation areas may be 8 feet high. The Director may permit higher fencing when necessary for sports fields.

c. The height of the visual barrier created by the screen required in subsection 23.45.570.G.3 shall be measured from street level. If the elevation of the lot line is different from the finished elevation of the parking surface, the difference in elevation may be measured as a portion of the required height of the screen, so long as the screen itself is a minimum of 3 feet in height.

5. Landscaping of Parking. Accessory parking areas for more than 20 vehicles shall be landscaped according to the following requirements:

a. One tree per every five parking spaces is required.

b. Each required tree shall be planted in a landscaped area and shall be 3 feet away from any curb of a landscaped area or edge of the parking area. Permanent curbs or structural barriers shall protect landscaping, but may include openings to allow movement of stormwater.

c. Hardy evergreen ground cover shall be planted to cover each landscaped area.

d. The trees and landscaped areas shall be located within the parking area to break up large expanses of pavement and cars.

H. Odors. The venting of odors, vapors, smoke, cinders, dust, gas and fumes shall be at least ten feet above finished sidewalk grade, and directed away to the extent possible from residential uses within 50 feet of the vent.

I. Light and Glare.

1. Exterior lighting for institutions shall be shielded or directed away from principal structures on adjacent residential lots.

2. Poles for freestanding exterior lighting are permitted up to a maximum height of 30 feet. Light poles for illumination of athletic fields on new and existing public school sites will be allowed to exceed 30 feet pursuant to Chapter 23.51B, Public schools.

J. Dispersion. The lot line of any new or expanding institution other than child care centers locating in legally established institutions shall be located 600 feet or more from any lot line of any other institution in a residential zone with the following exceptions:

1. An institution may expand even though it is within 600 feet of a public school if the public school is constructed on a new site subsequent to December 12, 1985.

2. A proposed institution may be located less than 600 feet from a lot line of another institution if the Director determines that the intent of dispersion is achieved due to the presence of physical elements such as bodies of water, large open spaces or topographical breaks or other elements such as arterials, freeways or nonresidential uses, that provide substantial separation from other institutions.

(Ord. 123495, § 45, 2011; Ord. No. 123209, § 48, 2009.)

23.45.574 Assisted living facilities

A. Assisted living facilities are subject to the development standards for apartments for the zone in which they are located except that density limits and amenity area requirements do not apply to assisted living facilities.

B. Other requirements.

1. Facility kitchen. An on-site kitchen that serves the entire assisted living facility is required.

2. Communal area. Communal areas (e.g., solariums, decks and porches, recreation rooms, dining rooms, living rooms, foyers and lobbies that are provided with comfortable seating, and gardens or other outdoor landscaped areas that are accessible to wheelchairs and walkers) with sufficient accommodations for socialization and meeting with friends and family shall be provided:

a. The total amount of communal area shall, at a minimum, equal 5 percent of the total floor area in assisted living units, or 25 percent of lot area, whichever is less. In calculating the total floor area in assisted living units, all of the area of each of the individual units shall be counted, including counters, closets and built-ins, but excluding the bathroom;

b. No service areas, including, but not limited to, the facility kitchen, laundry, hallways and corridors, supply closets, operations and maintenance areas, staff areas and offices, and rooms used only for counseling or medical services, shall be counted toward the communal area requirement; and

c. A minimum of 400 square feet of the required communal area shall be provided outdoors, with no dimension less than 10 feet. A departure from the required amount and/or dimension of outdoor communal space may be permitted as part of the design review process, pursuant to Section 23.41.012.A.

(Ord. 123495, § 46, 2011; Ord. No. 123209, § 49, 2009.)

23.45.578 Public or private parks and playgrounds

A. The establishment of new or expansion of existing public or private parks and playgrounds, including customary structures and activities, shall be permitted outright in all multifamily zones.

B. The following accessory uses shall be permitted in any park or playground if located within a structure or on a terrace abutting the structure. If located within 100 feet from any lot in a residential zone the use shall be completely enclosed.

1. The sale and consumption of beer during daylight hours;

2. The sale and consumption of alcoholic beverages under a Class H liquor license at municipal golf courses during established hours of operation.

C. Storage structures and areas and other structures and activities customarily associated with parks and playgrounds are subject to the following development standards in addition to the general development standards for accessory uses:

1. Any active play area shall be located 30 feet or more from any lot in a single-family zone.

2. Garages and service or storage areas shall be screened from view from abutting lots in residential zones.

(Ord. No. 123209, § 50, 2009.)

23.45.586 Keeping of animals

The keeping of animals is regulated by Section 23.42.052, Keeping of Animals.

(Ord. No. 123209, § 46, 2009.)

23.45.590 Home occupations

Home occupations are regulated by Section 23.42.050, Home Occupations.

(Ord. No. 123209, § 47, 2009.)

23.45.595 Transitional encampments accessory use

Transitional encampments accessory to religious facilities or to principal uses located on property owned or controlled by a religious organization are regulated by Section 23.42.054, Transitional Encampments Accessory to Religious Facilities.

(Ord. 123729, § 4, 2011.)

Chapter 23.46
RESIDENTIAL– COMMERCIAL

Sections:

23.46.002 Scope of provisions

Part 1 Use Provisions

23.46.004 Uses

23.46.006 Conditional uses.

Part 2 Development Standards for Commercial Uses

23.46.012 Location of commercial uses

23.46.014 Maximum size of commercial uses.

23.46.016 Noise standards.

23.46.018 Odor standards.

23.46.020 Light and glare standards.

23.46.022 Parking requirements.

23.46.024 Transportation concurrency level-of-service standards.

Savings: The amendment or repeal by the ordinance codified in this chapter of any section of the Land Use Code shall not affect any right or duty accrued or any proceeding commenced under the provisions of such amended or repealed sections prior to the effective date of the ordinance codified in this chapter.

(Ord. 112993 § 1 (part), 1986: Ord. 112777 § 59A (part), 1986.)

23.46.002 Scope of provisions

A. This chapter details those authorized commercial uses which are or may be permitted in Residential-Commercial (RC) zones.

B. All RC zones are assigned a residential zone classification on the Official Land Use Map. The development standards of the designated residential zone apply to all uses in the RC zone except commercial uses. The development standards of the designated residential zone shall apply to all structures in the RC zone, except that parking quantity is required as provided in Chapter 23.54. Commercial uses are subject to the FAR limits for apartments in Section 23.45.510.

C. The development standards of the RC zone shall apply to all commercial uses.

D. Methods for measurements are provided in Chapter 23.86. Standards for parking quantity access and design are provided in Chapter 23.54. Sign standards are provided in Chapter 23.55.

E. In addition to the provisions of this chapter, certain residential-commercial areas may be regulated by Overlay Districts, Chapter 23.59.

(Ord. 123495, § 46, 2011; Ord. 118414 § 29, 1996; Ord. 116795 § 7, 1993: Ord. 112777 § 24(part), 1986.)

Part 1 Use Provisions

23.46.004 Uses

A. All uses, except commercial uses and live-work units, which are permitted outright or by conditional use in the applicable residential zone shall be regulated by the residential zone provisions, including provisions relating to accessory uses.

B. Live-work units and the following commercial uses are permitted outright:

1. Sales and services, general;

2. Medical services;

3. Restaurants;

4. Business support services;

5. Offices;

6. Food processing and craft work; and

7. Retail sales, major durables.

C. Permitted commercial uses shall be allowed as either a principal use or as an accessory use.

D. Permitted commercial uses are allowed only in structures containing at least one dwelling unit or live-work unit, according to the development standards of Section 23.46.012.

E. Drive-in businesses shall be prohibited, either as principal or accessory uses.

F. Outdoor sales, outdoor display of rental equipment, and outdoor storage shall be prohibited, except for accessory recycling collection stations, and the accessory outdoor sales of fruits, vegetables and plants.

(Ord. 123046, § 27, 2009; Ord. 122311, § 42, 2006; Ord. 121828 § 1, 2005; Ord. 121196 § 2, 2003; Ord. 121145 § 2, 2003; Ord. 112777 § 24(part), 1986.)

23.46.006 Conditional uses.

A. Conditional use provisions of the applicable residential zone shall apply to all noncommercial conditional uses.

B. All conditional uses not regulated by subsection A shall meet the following criteria:

1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity, and the public interest. The Director shall deny the conditional use if it is determined that adverse impacts cannot be satisfactorily mitigated.

C. Parking at or below grade accessory to nonresidential uses or live-work units in adjacent commercial zones may be permitted as a conditional use.

1. The Director may authorize such parking if:

a. The proposed parking is necessary to meet parking requirements, or the proposed parking will be used as a shared parking facility;

b. The proposed parking is necessary to avoid increased parking congestion in the adjacent commercial area;

c. The proposed parking is necessary to avoid creation or worsening of excessive spillover parking in adjacent residential areas;

d. Other parking options such as shared parking have been considered and found to be unavailable in the adjacent commercial zone; and

e. The proposed parking does not encourage substantial traffic to pass through adjacent residential areas.

2. If the Director authorizes a surface parking area, the following standards shall be met:

a. A minimum of fifteen (15) percent of the surface parking area shall be landscaped. Specific landscaped areas required in this subsection shall count toward the fifteen (15) percent.

b. A landscaped setback of at least ten (10) feet shall be provided along the front property line. A landscaped setback of at least five (5) feet in depth shall be provided along all other street property lines.

c. When abutting a property in a residential zone (including RC zones), six (6) foot high screening and a five (5) foot deep landscaped area inside the screening shall be provided.

d. When across the street from a residential zone (including RC zones), three (3) foot high screening shall be provided between the parking area and the landscaped setback along all street property lines.

e. Whenever possible, access to parking shall be from the commercial area.

(Ord. 121196 § 3, 2003; Ord. 112777 § 24(part), 1986.)

Part 2 Development Standards for Commercial Uses

23.46.012 Location of commercial uses

A. Commercial uses are permitted only on or below the ground floor of a structure that contains at least one dwelling unit or live-work unit, except as provided in the Northgate Overlay District, Chapter 23.71, and except that if there is an existing established commercial use in a structure that does not contain a dwelling unit or live-work unit, the existing established commercial use may be converted to another permitted commercial use without providing a dwelling unit or live-work unit in the structure and without obtaining an administrative conditional use.

B. On sloping lots the commercial use may be located at more than one (1) level within the structure where the total commercial area does not exceed the area of the structure's footprint (Exhibit 23.46.012 A)

(Ord. 123046, § 28, 2009; Ord. 121196 § 4, 2003; Ord. 116795 § 8, 1993; Ord. 112777 § 24(part), 1986.)

{/PICK;23-46-012;38p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-46-012.tif;38p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.46.014 Maximum size of commercial uses.

A. The maximum size limit for individual business establishments shall be four thousand (4,000) square feet, except that in MR/RC and HR/RC zones, multi-purpose convenience stores shall be permitted up to a maximum size of ten thousand (10,000) square feet.

B. Maximum size shall be calculated by taking the gross floor area of a structure(s) or portion of a structure(s) occupied by a single business establishment.

C. Any area used for permitted outdoor sales shall be limited to one thousand (1,000) square feet, and shall be included in determining the maximum size of a business establishment.

D. Maximum Size of Combined Uses Within a Business Establishment. Business establishments which include more than one (1) type of use shall be permitted, provided each use is permitted, and:

1. The size of each use shall not exceed the size limit for the individual use; and

2. The total size of the business establishment does not exceed the maximum size allowed for the type of use with the largest size limit.

E. Split Zoned Lots.

1. The total size of a business establishment occupying portions of a lot in more than one (1) zone shall not exceed the maximum size allowed in the zone with the larger size limit.

2. The total size of that portion of a business establishment in each zone shall not exceed the maximum size allowed for that business establishment in that zone.

F. Accessory exterior recycling collection stations maintained in good condition shall be permitted in surface parking areas up to a maximum size of five hundred (500) square feet or five (5) percent of the parking area, whichever is less.

(Ord. 112777 § 24(part), 1986.)

23.46.016 Noise standards.

A. All fabricating uses, repairing, and refuse compacting activities shall be conducted wholly within an enclosed structure.

B. Major Noise Generators.

1. Exterior heat exchangers and other similar devices shall be considered major noise generators.

2. When a major noise generator is proposed, a report from an acoustical consultant shall be required to describe the measures to be taken by the applicant in order to meet noise standards for the area. Such measures may include, for example, the provision of buffers, reduction in hours of operation, relocation of mechanical equipment, increased setbacks, and use of specified construction techniques or building materials.

Measures to be used shall be specified on the plans. After a permit has been issued, any measures which were required by the permit to limit noise shall be maintained.

(Ord. 112777 § 24(part), 1986.)

23.46.018 Odor standards.

A. The venting of odors, fumes, vapors, smoke, cinders, dust and gas shall be at least ten (10) feet above finished sidewalk grade and directed away as much as possible from residential uses within fifty (50) feet of the vent.

B. Major Odor Sources. Uses which employ the following odor-emitting processes or activities shall be considered major odor sources except when the entire activity is provided on a retail or on-site customer-service basis:

1. Cooking of grains;

2. Smoking of food or food products;

3. Fish or fish meal processing;

4. Coffee or nut roasting;

5. Deep fat frying;

6. Dry cleaning; and

7. Other similar processes or activities.

C. When an application is made for a use which is determined to be a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), shall determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. The measures to be taken shall be indicated on plans submitted to the Director, and may be required as conditions for the issuance of any permit. After a permit has been issued, any measures which were required by the permit shall be maintained.

(Ord. 121477 § 10, 2004; Ord. 112777 § 24(part), 1986.)

23.46.020 Light and glare standards.

A. Exterior lighting shall be shielded and directed away from adjacent uses.

B. Interior lighting in parking garages shall be shielded, to minimize nighttime glare affecting nearby uses.

C. Exterior lighting on poles shall be permitted up to a maximum height of thirty (30) feet from finished grade. In MR/RC and HR/RC zones, exterior lighting on poles shall be permitted up to a height of forty (40) feet from finished grade, provided that ratio of watts to area is at least twenty (20) percent below the maximum exterior lighting level permitted by the Energy Code.1

(Ord. 112777 § 24(part), 1986.)

1. Editor's Note: The Energy Code is codified at Subtitle VII of Title 22 of this Code.

23.46.022 Parking requirements.

A. Parking Quantity. Each permitted commercial use shall provide a minimum number of off-street parking spaces according to the requirements of Section 23.54.015, Required parking.

B. Location of Parking. Parking for commercial uses may be located:

1. On the same lot, according to the locational requirements of the designated residential zone; or

2. Within eight hundred (800) feet of the lot on which the commercial use is located, when either:

a. The parking is located in a commercial zone; or

b. The parking is part of the joint use of existing parking in an RC zone.

3. When parking is provided on a lot other than the lot of the use to which it is accessory, the provisions of Section 23.54.025, Parking covenants, shall apply.

(Ord. 112777 § 24(part), 1986.)

23.46.024 Transportation concurrency level-of-service standards.

Proposed uses in residential-commercial zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

(Ord. 117383 § 5, 1994.)

Chapter 23.47A
COMMERCIAL

Sections:

23.47A.002 Scope of provisions

23.47A.004 Permitted and prohibited uses

23.47A.005 Street-level uses

23.47A.006 Conditional uses

23.47A.007 Major Phased Developments.

23.47A.008 Street-level development standards

23.47A.010 Maximum size of nonresidential use.

23.47A.011 Outdoor activities

23.47A.012 Structure height

23.47A.013 Floor area ratio

23.47A.014 Setback requirements

23.47A.015 View corridors.

23.47A.016 Landscaping and screening standards

23.47A.018 Noise standards

23.47A.020 Odor standards

23.47A.022 Light and glare standards.

23.47A.024 Amenity areas

23.47A.027 Landmark Districts and designated landmark structures

23.47A.028 Standards for drive-in businesses.

23.47A.030 Required parking and loading.

23.47A.032 Parking location and access

23.47A.033 Transportation concurrency level-of-service standards.

23.47A.035 Assisted living facilities development standards

23.47A.036 Transitional encampments accessory use

23.47A.037 Keeping of animals.

23.47A.038 Home occupations.

23.47A.039 Provisions for pet daycare centers.

23.47A.002 Scope of provisions

A. This chapter describes the authorized uses and development standards for the following zones:

Neighborhood Commercial 1 (NC1),

Neighborhood Commercial 2 (NC2),

Neighborhood Commercial 3 (NC3),

Commercial 1 (C1),

Commercial 2 (C2).

B. Some land in C zones and NC zones may be regulated by Subtitle III, Division 3, Overlay Districts.

C. Other regulations, including but not limited to, requirements for streets, alleys and easements (Chapter 23.53); standards for parking quantity, access and design (Chapter 23.54); standards for solid waste storage (Chapter 23.54); signs (Chapter 23.55); and methods for measurements (Chapter 23.86) may apply to development proposals. Communication utilities and accessory communication devices, except as exempted in Section 23.57.002, are subject to the regulations in this chapter and additional regulations in Chapter 23.57, Communications Regulations.

(Ord. 123495, § 48, 2011; Ord. 123046, § 29, 2009; Ord. 122311, § 44, 2006)

23.47A.004 Permitted and prohibited uses

A. All uses are permitted outright, prohibited, or permitted as a conditional use according to Table A for 23.47A.004 and this Section 23.47A.004, except as may be otherwise provided pursuant to Division 3 of this subtitle.

B. All permitted uses are allowed as a principal use or as an accessory use, unless otherwise indicated in Table A for 23.47A.004.

C. The Director may authorize a use not otherwise permitted in the zone in a landmark structure, subject to the following criteria:

1. The use will not require significant alteration of the structure;

2. The design of the structure makes uses permitted in the zone impractical in the structure, or the permitted uses do not provide sufficient financial return to make use of the landmark structure feasible; and

3. The physical impacts of the use will not be detrimental to other properties in the zone or vicinity or to the public interest.

D. Public Facilities.

1. Uses in public facilities that are most similar to uses permitted outright or permitted as a conditional use under this chapter are permitted outright or as a conditional use, respectively, subject to the same use regulations, development standards and conditional use criteria that govern the similar uses.

2. Permitted Uses in Public Facilities Requiring Council Approval. Unless specifically prohibited in Table A, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter, may be permitted by the City Council.

3. In all NC zones and C zones, uses in public facilities not meeting development standards may be permitted by the Council, and the Council may waive or grant departures from development standards, if the following criteria are satisfied:

a. The project provides unique services that are not provided to the community by the private sector, such as police and fire stations;

b. The proposed location is required to meet specific public service delivery needs;

c. The waiver of or departure from the development standards is necessary to meet specific public service delivery needs; and

d. The relationship of the project to the surrounding area has been considered in the design, siting, landscaping and screening of the facility.

4. The City Council's use approvals, and waivers of or grants of departures from applicable development standards or conditional use criteria, contemplated by subsections 2 and 3, are governed by the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions.

5. Expansion of Uses in Public Facilities.

a. Major Expansion. Major expansion of uses in public facilities allowed pursuant to subsections D1, D2, and D3 may be permitted according to the criteria and process in those subsections. A major expansion of a public facility use occurs when an expansion would not meet development standards or the area of the expansion would exceed either seven hundred fifty (750) square feet or ten (10) percent of the existing area of the use, whichever is greater. For the purposes of this subsection, area of use includes gross floor area and outdoor area devoted actively to that use, other than as parking.

b. Minor Expansion. An expansion of a use in a public facility that is not a major expansion is a minor expansion. Minor expansions to uses in public facilities allowed pursuant to subsections D1, D2, and D3 above may be permitted according to the provisions of Chapter 23.76, for a Type I Master Use Permit.

6. Essential Public Facilities. Permitted essential public facilities will be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

E. Changes from accessory to principal use parking. On a lot where principal use parking is permitted outright, legally established accessory parking may be converted to principal use parking without a use permit or approval when the use served by the accessory parking has been discontinued. Any lawfully existing nonconformities as to development standards may be maintained.

F. Use of accessory parking. Where principal use parking is permitted outright, legally established accessory parking may be made available to the general public as short-term parking without a separate use permit or approval.

G. Live-work units.

1. In all NC zones and C zones live-work units are permitted outright subject to the provisions of this title.

2. In pedestrian-designated zones, live-work units shall not occupy more than 20 percent of the street-level street-facing facade along designated principal pedestrian streets listed in subsection 23.47A.005.D.

3. In the Lake City and Bitter Lake Village Hub Urban Villages, live-work units shall not occupy more than 20 percent of the street-level street-facing facade.

4. Except where expressly treated as a residential use, live-work units shall be deemed a nonresidential use.

H. Adult Cabarets.

1. Any lot line of property containing any proposed new or expanding adult cabaret must be 800 feet or more from any lot line of property on which any of the following uses has been established by permit or otherwise recognized as a legally established use: community center; child care center; school, elementary or secondary; or public parks and open space use.

2. Any lot line of property containing any proposed new or expanding adult cabaret must be 600 feet or more from any lot line of property for which a permit has been issued for any other adult cabaret.

3. The dispersion analysis required by subsections 23.47A.004.H.1 and 2 shall be based on the facts that exist on the earlier of:

a) the date a complete application for a building permit for an adult cabaret for the property proposed to contain the new or expanding adult cabaret is made, or

b) the date of publication of notice of the Director's decision on the Master Use Permit application to establish or expand an adult cabaret use, if the decision can be appealed to the Hearing Examiner, or the date of the Director's decision if no Hearing Examiner appeal is available.

I. The terms of Table A are subject to any applicable exceptions or contrary provisions expressly set forth in this title.
Table A for 23.47A.004 Uses in Commercial Zones
PERMITTED AND PROHIBITED USES BY ZONE(1)
USESNC1NC2NC3C1C2
A. AGRICULTURAL USES
A.1. Animal HusbandryAAAAP
A.2. Aquaculture1025PPP
A.3. Community GardenPPPPP
A.4. Horticulture1025PPP
A.5. Urban FarmPPPPP
B. CEMETERIESXXXXX
C. COMMERCIAL USES
C.1. Animal Shelters and KennelsXXXXP
C.2. Eating and drinking establishments
C.2.a. Drinking establishmentsCU-10CU-25PPP
C.2.b. Restaurants1025PPP
C.3. Entertainment Uses
C.3.a. Cabarets, adult (15)XPPPP
C.3.b. Motion picture theaters, adultX25PPP
C.3.c. Panorams, adultXXXXX
C.3.d. Sports and recreation, indoor1025PPP
C.3.e. Sports and recreation, outdoorXXX(2)PP
C.3.f. Theaters and spectator sports facilitiesX25PPP
C.4. Food processing and craft work102525PP
C.5. Laboratories, Research and development1025PPP
C.6. Lodging usesX(3)CU-25(3)PPP
C.7. Medical services (4)1025PPP
C.8. Offices1025P35(5)35(5)
C.9. Sales and services, automotive
C.9.a. Retail sales and services, automotive10(6)25(6)P(6)PP
C.9.b. Sales and rental of motorized vehiclesX25PPP
C.9.c. Vehicle repair, major automotiveX25PPP
C.10. Sales and services, general
C.10.a. Retail sales and services, general1025PPP
C.10.b. Retail sales, multipurpose10(7)50PPP
C.11. Sales and Services, heavy
C.11.a. Commercial sales, heavyXX25PP
C.11.b. Commercial services, heavyXXXPP
C.11.c. Retail sales, major durables1025PPP
C.11.d. Retail sales and services, non-household1025PPP
C.11.e. Wholesale showroomsXX2525P
C.12. Sales and services, marine
C.12.a. Marine service stations1025PPP
C.12.b. Sales and rental of large boatsX25PPP
C.12.c. Sales and rental of small boats, boat parts and accessories1025PPP
C.12.d. Vessel repair, majorXXXSS
C.12.3. Vessel repair, minor1025PPP
D. HIGH-IMPACT USESXXXXX
E. INSTITUTIONS
E.1. Institutions not listed below1025PPP
E.2. Major institutions subject to the provisions of Chapter 23.69PPPPP
E.3. Religious FacilitiesPPPPP
E.4. Schools, Elementary or SecondaryPPPPP
F. LIVE-WORK UNITS(8)PPPPP
G. MANUFACTURING USES
G.1. Manufacturing, lightX1025PP
G.2. Manufacturing, generalXXXPP
G.3. Manufacturing, heavyXXXXX
H. PARKS AND OPEN SPACEPPPPP
I. PUBLIC FACILITIES
I.1. JailsXXXXX
I.2. Work-release centersCCU-10CCU-25CCUCCUCCU
J. RESIDENTIAL USES(9)
J.1. Residential uses not listed belowPPPPCU(10)
J.2. Caretaker's quartersPPPPP
K. STORAGE USES
K.1. Mini-warehousesXX2540P
K.2. Storage, outdoorXXX(11)PP
K.3. WarehousesXX2525P
L. TRANSPORTATION FACILITIES
L.1. Cargo terminalsXXXSP
L.2. Parking and moorage
L.2.a. Boat moorageSSSSS
L.2.b. Dry boat storageX25PPP
L.2.c. Parking, principal use, except as listed below(12)X25PPP
 L.2.c.i. Park and Pool Lots(12)P(13)PPPP
 L.2.c.ii. Park and Ride Lots(12)XXCUCUCU
L.2.d. Towing servicesXXXPP
L.3. Passenger terminalsXX25PP
L.4. Rail Transit FacilitiesPPPPP
L.5. Transportation facilities, air
L.5.a. Airports (land-based)XXXXX
L.5.b. Airports (water-based)XXXXS
L.5.c. HeliportsXXXXX
L.5.d. HelistopsXXCCUCCUCU
L.6. Vehicle storage and maintenance
L.6.a. Bus basesXXXCCUCCU
L.6.b. Railroad switchyardsXXXXX
L.6.c. Railroad switchyards with a mechanized humpXXXXX
L.6.d. Transportation services, personalXXPPP
M. UTILITY USES
M.1. Communication Utilities, major (14)XXXCCUCCU
M.2. Communication Utilities, minor (14)PPPPP
M.3. Power PlantsXXXXX
M.4. RecyclingXXXPP
M.5. Sewage Treatment PlantsXXXXX
M.6. Solid waste managementXXXXX
M.7. Utility Services Uses1025PPP

  KEY

A = Permitted as an accessory use only

CU = Administrative Conditional Use (business establishment limited to the multiple of 1,000 sq. ft. of any number following a hyphen, pursuant to Section 23.47A.010)

CCU = Council Conditional Use (business establishment limited to the multiple of 1,000 sq. ft. of any number following a hyphen, pursuant to Section 23.47A.010)

P = Permitted

S = Permitted in shoreline areas only

X = Prohibited

10 = Permitted, business establishments limited to 10,000 sq. ft., pursuant to Section 23.47A.010

20 = Permitted, business establishments limited to 20,000 sq. ft., pursuant to Section 23.47A.010

25 = Permitted, business establishments limited to 25,000 sq. ft., pursuant to Section 23.47A.010

35 = Permitted, business establishments limited to 35,000 sq. ft., pursuant to Section 23.47A.010

40 = Permitted, business establishments limited to 40,000 sq. ft., pursuant to Section 23.47A.010

50 = Permitted, business establishments limited to 50,000 sq. ft., pursuant to Section 23.47A.010

NOTES

(1) In pedestrian-designated zones, a portion of the street-level street-facing facade of a structure along a designated principal pedestrian street may be limited to certain uses as provided in section 23.47A.005.D. In pedestrian-designated zones, drive-in lanes are prohibited (Section 23.47A.028).

(2) Permitted at Seattle Center.

(3) Bed and Breakfasts in existing structures are permitted outright with no maximum size limit.

(4) Medical services over 10,000 sq. ft. within 2,500 feet of a medical Major Institution Overlay boundary require conditional use approval, unless they are included in a Major Institution Master Plan or dedicated to veterinary services.

(5) Office uses in C1 and C2 zones are permitted up to the greater of 1 FAR or 35,000 square feet as provided in subsection 23.47A.010 D. Office uses in C1 and C2 zones are permitted outright with no maximum size limit if they meet the standards identified in subsection 23.47A.010 D.

(6) Gas stations and other businesses with drive-in lanes are not permitted in pedestrian-designated zones (Section 23.47A.028). Elsewhere in NC zones, establishing a gas station may require a demonstration regarding impacts under Section 23.47A.028.

(7) Grocery stores meeting the conditions of subsection 23.47A.010 E are permitted up to 23,000 sq. ft. in size.

(8) Subject to subsection 23.47A.004 G.

(9) Residential uses may be limited to 20 percent of a street-level street-facing facade pursuant to subsection 23.47A.005.C.

(10) Residential uses are conditional uses in C2 zones under Section 23.47A.006 B3, except as otherwise provided above in Table A or in that section.

(11) Permitted at Seattle Center, see Section 23.47A.011.

(12) In pedestrian-designated zones, surface parking is prohibited adjacent to principal pedestrian streets pursuant to Section 23.47A.032.B.2.

(13) Permitted only on parking lots existing at least 5 years prior to the establishment of the park and pool lot.

(14) See Chapter 23.57, Communications Regulations, for regulation of communication utilities.

(15) Subject to subsection 23.47A.004.H.

(Ord. 123378, § 16, 2010; Ord. 123046, §§ 30, 65, 2009; Ord. 122935, § 2, 2009; Ord. 122411, §§ 2, 3, 2007; Ord. 122311, § 44, 2006)

23.47A.005 Street-level uses

A. The requirements of this Section 23.47A.005 apply in addition to the other applicable requirements of this Title 23.

B. Mini-warehouses, warehouses, or utility uses may not abut a street-level street-facing facade in a structure that contains more than one residential dwelling unit.

C. Residential uses at street level.

1. Residential uses are generally permitted anywhere in a structure in NC1, NC2, NC3 and C1 zones, except as provided in subsections 23.47A.005.C.2 and 23.47A.005.C.3.

2. Residential uses may not occupy, in the aggregate, more than 20 percent of the street-level street-facing facade in the following circumstances or locations:

a. In a pedestrian-designated zone, facing a designated principal pedestrian street;

b. Within the Bitter Lake Village Hub Urban Village; or

c. Within the Lake City Hub Urban Village, except as provided in subsection 23.47A.005.C.4.

3. Residential uses may not exceed, in the aggregate, 20 percent of the street-level street-facing facade if facing an arterial or within a zone that has a height limit of 85 feet or higher, except that there is no limit on residential uses in the following circumstances or locations:

a. Within a very low-income housing project existing as of May 1, 2006, or within a very low-income housing project replacing a very low-income housing project existing as of May 1, 2006 on the same site.

b. The residential use is an assisted living facility or nursing home and private living units are not located at street level.

c. Within the Station Area Overlay District, in which case Chapter 23.61 applies.

4. Residential uses may occupy 100 percent of the street-level street-facing facade in a structure if the structure:

a. Is developed and owned by the Seattle Housing Authority;

b. Is located on a lot zoned NC1 or NC3 that was owned by the Seattle Housing Authority as of January 1, 2009;

c. Is not located in a pedestrian-designated zone or a zone that has a height limit of 85 feet or higher; and

d. Does not face a designated principal pedestrian street.

5. Additions to, or on-site accessory structures for, existing single-family structures are permitted outright.

6. Where residential uses at street level are limited to 20 percent of the street-level street-facing facade, such limits do not apply to residential structures separated from the street lot line by an existing structure meeting the standards of this section and Section 23.47A.008, or by an existing structure legally nonconforming to those standards.

D. In pedestrian-designated zones the locations of uses are regulated as follows:

1. Along designated principal pedestrian streets, one or more of the following uses are required along 80 percent of the street-level street-facing facade in accordance with the standards provided in subsection 23.47A.008.C.

a. General sales and services;

b. Major durables retail sales;

c. Eating and drinking establishments;

d. Lodging uses;

e. Theaters and spectator sports facilities;

f. Indoor sports and recreation;

g. Medical services;

h. Rail transit facilities;

i. Museum;

j. Community clubs or centers;

k. Religious facility;

l. Library;

m. Elementary or secondary school;

n. Parks and open space.

o. Arts facility in the Pike/Pine Conservation Overlay District;

p. Automotive retail sales and service uses in the Pike/Pine Conservation Overlay District, if located within an existing structure.

The establishment of any such use is subject to the applicable use provisions of this title.

2. The following streets are principal pedestrian streets when located within a pedestrian-designated zone:

10th Avenue;

11th Avenue;

12th Avenue;

13th Avenue (between East Madison Street and East Pine Street);

15th Avenue East;

15th Avenue Northwest;

22nd Avenue Northwest;

23rd Avenue;

24th Avenue Northwest;

25th Avenue Northeast;

Beacon Avenue South;

Boren Avenue;

Boylston Avenue;

Broadway;

Broadway East;

California Avenue Southwest;

East Green Lake Drive North;

East Madison Street;

East Olive Way;

East Pike Street;

East Pine Street:

East Union Street;

East Union Street (from Broadway to East Madison Street only);

Eastlake Avenue East;

First Avenue North;

Fremont Avenue North;

Fremont Place North;

Greenwood Avenue North;

Lake City Way Northeast;

Madison Street;

Martin Luther King Jr. Way South;

Mercer Street;

North 45th Street

North 85th Street;

Northeast 43rd Street;

Northeast 45th Street;

Northeast 125th Street;

Northwest 85th Street;

Northwest Market Street;

Pike Street;

Pine Street;

Queen Anne Avenue North;

Rainier Avenue South;

Roosevelt Way Northeast;

Roy Street;

South Alaska Street;

South Henderson Street;

South Lander Street;

South McClellan Street;

South Othello Street;

Southwest Alaska Street;

Summit Avenue;

Terry Avenue;

University Way Northeast;

Wallingford Avenue North; and

Woodlawn Avenue Northeast.

(Ord. 123589, § 8, 2011; Ord. 123046, § 1, 2009; Ord. 123020, § 9, 2009; Ord. 122935, § 3, 2009; Ord. 122311, § 44, 2006)

23.47A.006 Conditional uses

A. The following uses, where identified as administrative conditional uses on Table A for Section 23.47A.004, or other uses identified in this Section 23.47A.006, may be permitted by the Director when the provisions of both Section 23.42.042 and this subsection 23.47A.006.A are met:

1. Drinking establishments. Drinking establishments in NC1 and NC2 zones may be permitted as a conditional use subject to the following:

a. The size of the drinking establishment, design of the structure, signing and illumination must be compatible with the character of the commercial area and other structures in the vicinity, particularly in areas where a distinct and definite pattern or style has been established.

b. The location, access and design of parking must be compatible with adjacent residential zones.

c. Special consideration will be given to the location and design of the doors and windows of drinking establishments to help ensure that noise standards will not be exceeded. The Director may require additional setbacks and/or restrict openings where the drinking establishment is located on a lot that abuts or is across from a residential zone.

d. Drinking establishments must not generate traffic that creates traffic congestion or further worsens spillover parking on residential streets.

2. Park and ride lots. Park-and-ride lots in NC3, C1 and C2 zones may be permitted as conditional uses subject to the following:

a. The park and ride lot shall have direct vehicular access to a designated arterial improved to City standards.

b. If the proposed park-and-ride lot is located on a lot containing accessory parking for other uses, there must be no substantial conflict in the principal operating hours of the park-and-ride lot and other uses on the lot.

c. The Director may require landscaping and screening in addition to that required for surface parking areas, noise mitigation, vehicular access control, signage restrictions, and other measures to provide comfort and safety for pedestrians and bicyclists and to ensure the compatibility of the park and ride lot with the surrounding area.

3. Residential Uses in C2 zones.

a. Residential uses may be permitted in C2 zones as a conditional use subject to the following criteria:

1) The residential use generally should not be located in an area with direct access to major transportation systems such as freeways, state routes and freight rail lines.

2) The residential use generally should not be located in close proximity to industrial areas and/or nonresidential uses or devices that have the potential to create a nuisance or adversely affect the desirability of the area for living purposes as indicated by one of the following:

i. The nonresidential use is prohibited in the NC3 zone;

ii. The nonresidential use or device is classified as a major noise generator; or

iii. The nonresidential use is classified as a major odor source.

3) In making a determination to permit or prohibit residential uses in C2 zones, the Director shall take the following factors into account:

i. The distance between the lot in question and major transportation systems and potential nuisances;

ii. The presence of physical buffers between the lot in question and major transportation systems and potential nuisance uses;

iii. The potential cumulative impacts of residential uses on the availability for nonresidential uses of land near major transportation systems; and

iv. The number, size and cumulative impacts of potential nuisances on the proposed residential uses.

b. Residential uses required to obtain a shoreline conditional use permit are not required to obtain an administrative conditional use permit.

c. Additions to, and accessory structures on the same lot as, existing residential structures are permitted outright.

4. Medical service uses. Medical service uses over 10,000 square feet, outside but within 2,500 feet of a medical Major Institution overlay district boundary, may be approved as administrative conditional uses, except that they are permitted outright if included in an adopted master plan or dedicated to veterinary services. In order to approve a medical service use under this subsection, the Director must determine that an adequate supply of commercially zoned land for businesses serving neighborhood residents will continue to exist. The following factors will be used in making this determination:

a. Whether the amount of medical service uses existing and proposed in the vicinity would result in an area containing a concentration of medical services with few other uses; and

b. Whether medical service uses would displace existing neighborhood-serving commercial uses at street level or disrupt a continuous commercial street front, particularly of general sales and services uses, or significantly detract from an area's overall neighborhood-serving commercial character.

5. Change of One Nonconforming Use to Another. A nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone based on the following factors:

a. New uses are limited to those permitted in the next more intensive zone;

b. The relative impacts of size, parking, traffic, light, glare, noise, odor and similar impacts of the two uses, and how these impacts could be mitigated; and

c. The Director must find that the new nonconforming use is no more detrimental to property in the zone and vicinity than the existing nonconforming use.

6. Lodging uses in NC2 zones are permitted up to 25,000 square feet, when all of the following conditions are met, except that bed and breakfasts in existing structures are permitted outright with no maximum size limit:

a. The lodging use contains no more than fifty units;

b. The design of the development, including but not limited to signing and illumination, is compatible with surrounding commercial areas; and

c. Auto access is via an arterial street.

B. The following uses, identified as Council Conditional Uses on Table A of Section 23.47A.004, may be permitted by the Council when the provisions of Section 23.42.042 are met, subject to the following additional provisions:

1. In C1 and C2 zones, new bus bases for 150 or fewer buses, and existing bus bases that are proposed to be expanded to accommodate additional buses, according to the following standards and criteria.

a. The bus base has vehicular access, suitable for use by buses, to a designated arterial improved to City standards; and

b. The lot includes adequate buffering from the surrounding area and the impacts created by the bus base have been effectively mitigated.

c. The Council may require mitigating measures, which may include, but are not limited to:

1) Noise mitigation,

2) An employee ridesharing program,

3) Landscaping and screening,

4) Odor mitigation,

5) Vehicular access controls, and

6) Other measures to ensure the compatibility of the bus base with the surrounding area.

2. Helistops in NC3, C1 and C2 zones as accessory uses, according to the following:

a. The helistop is used solely for the takeoff and landing of helicopters serving public safety, news gathering or emergency medical care functions; is a public facility that is part of a City and regional transportation plan approved by the City Council; or is part of a City and regional transportation plan approved by the City Council and is not within 2,000 feet of a residential zone.

b. The helistop is located so as to minimize impacts on surrounding areas.

c. The lot includes sufficient buffering of the operations of the helistop from the surrounding area.

d. Open areas and landing pads are hard-surfaced.

e. The helistop meets all federal requirements, including those for safety, glide angles and approach lanes.

3. Work-release centers in all NC zones and C zones, according to the following standards and criteria:

a. Maximum Number of Residents. No work-release center may house more than 50 persons, excluding resident staff.

b. Dispersion Criteria.

1) Each lot line of any new or expanding work-release center must be located 600 feet or more from any residential zone, any lot line of any assisted living facility, congregate residence, domestic violence shelter or nursing home, and any lot line of any school.

2) Each lot line of any new or expanding work-release center must be located one mile or more from any lot line of any other work-release center.

c. The Council's decision shall be based on the following criteria, after review by the Director and the Seattle Police Department:

1) The applicant must demonstrate the need for the new or expanding facility in the City;

2) The applicant must demonstrate that the facility can be made secure through a security plan to appropriately monitor and control residents, through a staffing plan for the facility, and through compliance with the security standards of the American Corrections Association;

3) Proposed lighting must be located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure that security is maintained;

4) The facility's landscape plan must meet the requirements of the zone while allowing visual supervision of the residents of the facility;

5) Appropriate measures must be taken to minimize noise impacts on surrounding properties;

6) The impacts of traffic and parking must be mitigated;

7) The facility must be well-served by public transportation or the facility must demonstrate a commitment to a program of encouraging the use of public or private mass transportation;

8) Verification from the Department of Corrections (DOC) must be provided that the proposed work-release center meets DOC standards for such facilities and that the facility will meet state laws and requirements.

(Ord. No. 123209, § 53, 2009; Ord. 123046, § 65, 2009; Ord. 122935, § 4, 2009; Ord. 122311, § 44, 2006)

23.47A.007 Major Phased Developments.

A. An applicant may seek approval of a Major Phased Development, as defined in Section 23.84A.025. A Major Phased Development proposal is subject to the provisions of the zone in which it is located and shall meet the following thresholds:

1. A minimum site size of five (5) acres, composed of contiguous parcels or parcels divided only by one or more rights-of-way.

2. The proposed project, which at time of application is a single, functionally interrelated campus, contains more than one building, with a minimum total gross floor area of two hundred thousand (200,000) square feet.

3. The first phase of the development consists of at least one hundred thousand (100,000) square feet in gross building floor area.

4. At the time of application, the project is consistent with the general character of development anticipated by Land Use Code regulations.

B. A Major Phased Development application shall be submitted, evaluated, and approved according to the following:

1. The application shall contain a level of detail that is sufficient to reasonably assess anticipated impacts, including those associated with a maximum build-out, within the timeframe requested for Master Use Permit extension.

2. A Major Phased Development component shall not be approved unless the Director concludes that anticipated environmental impacts, such as traffic, open space, shadows, construction impacts and air quality, are not significant or can be effectively monitored and conditions imposed to mitigate impacts over the extended life of the permit.

3. Expiration or renewal of a permit for the first phase of a Major Phased Development is subject to the provisions of Chapter 23.76, Master Use Permits and Council Land Use Decisions. The Director shall determine the expiration date of a permit for subsequent phases of the Major Phased Development through the analysis provided for above; such expiration shall be no later than fifteen (15) years from the date of issuance.

C. Changes to the approved Major Phased Development.

1. When an amendment to a Master Use Permit with a Major Phased Development component is requested, the Director shall determine whether the amendment is minor or not.

a. A minor amendment is one that meets the following criteria:

(1) Substantial compliance with the approved site plan and conditions imposed in the existing Master Use Permit with the Major Phased Development component with no substantial change in the mix of uses and no major departure from the bulk and scale of structures originally proposed; and

(2) Compliance with applicable requirements of this title in effect at the time of the original Master Use Permit approval; and

(3) No significantly greater impact would occur.

2. If the Director determines that the amendment is minor, the Director may approve a revised site plan as a Type I decision. The Master Use Permit expiration date of the original approval shall be retained.

3. If the Director determines that the amendment is not minor, the applicant may either continue under the existing MPD approval or may submit a revised MPD application. The revised application shall be the subject of a Type II decision. Only the portion of the site affected by the revision shall be subject to regulations in effect on the date of the revised MPD application, notwithstanding any provision of Chapter 23.76. The decision may retain or extend the existing expiration date on the portion of the site affected by the revision.

(Ord. 122311, § 44, 2006)

23.47A.008 Street-level development standards

A. Basic street-level requirements.

1. The provisions of this subsection apply to:

a. Structures in NC zones;

b. Structures that contain a residential use in C zones; and

c. Structures in C zones across the street from residential zones.

2. Blank facades.

a. For purposes of this section, facade segments are considered blank if they do not include at least one of the following:

1) Windows;

2) Entryways or doorways;

3) Stairs, stoops, or porticos;

4) Decks or balconies; or

5) Screening and landscaping on the facade itself.

b. Blank segments of the street-facing facade between 2 feet and 8 feet above the sidewalk may not exceed 20 feet in width.

c. The total of all blank facade segments may not exceed 40 percent of the width of the facade of the structure along the street.

3. Street-level street-facing facades shall be located within 10 feet of the street lot line, unless wider sidewalks, plazas, or other approved landscaped or open spaces are provided.

B. Nonresidential street level requirements.

1. The provisions of this subsection and subsection 23.47A.008.A apply to:

a. Structures with street-level nonresidential uses in NC zones;

b. Structures with street-level nonresidential uses that also contain residential uses in C zones; and

c. Structures with street-level nonresidential uses in C zones across the street from residential zones.

2. Transparency.

a. Sixty percent of the street-facing facade between 2 feet and 8 feet above the sidewalk shall be transparent.

b. Transparent areas of facades shall be designed and maintained to allow unobstructed views from the outside into the structure or, in the case of live-work units, into display windows that have a minimum 30-inch depth.

3. The following height and depth provisions apply to new structures or new additions to existing structures:

a. Nonresidential uses shall extend an average of at least 30 feet and a minimum of 15 feet in depth from the street-level street-facing facade. If the combination of the street-facing facade requirement of subsection 23.47A.008.D.1 and this depth requirement would result in a requirement that an area greater than 50 percent of the structure's footprint be dedicated to nonresidential use, the Director may modify the street-facing facade or depth requirements, or both, so that no more than 50 percent of the structure's footprint is required to be nonresidential.

b. Nonresidential uses at street level shall have a floor-to-floor height of at least 13 feet.

C. In pedestrian-designated zones, the provisions of subsections 23.47A008.A and 23.47A.008.B and the following apply:

1. A minimum of 80 percent of the width of a structure's street-level street-facing facade that faces a principal pedestrian street shall be occupied by uses listed in 23.47A.005.D.1. The remaining 20 percent of the street frontage may contain other permitted uses and/or pedestrian entrances (see Exhibit A for 23.47A.008).

{/PICK;23-47A-008A;comptd;29p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit A for 23.47A.008 {/GRAPH;23-47A-008A.tif;comptd;29p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

2. For purposes of calculating the 80 percent of a structure's street-level facade, the width of a driveway at street level, not to exceed 22 feet, may be subtracted from the width of the street-facing facade if the access cannot be provided from an alley or from a street that is not a designated principal pedestrian street.

3. If the street-facing facade and depth requirements would result in a requirement that an area greater than 50 percent of the structure's footprint be dedicated to the uses in subsection 23.47A.005.D.1, the Director may modify the street-facing facade or depth requirements, or both, so that no more than 50 percent of the structure's footprint is required to be dedicated to the uses in subsection 23.47A.005.D.1.

D. The provisions of this subsection apply to structures with residential uses located along a street-level street-facing facade:

1. Residential uses are limited to 20% of the street-level street-facing facade under section 23.47.005.D;

2. At least one of the street-level street-facing facades containing a residential use shall have a visually prominent pedestrian entry; and

3. The floor of a dwelling unit located along the street-level street-facing facade shall be at least 4 feet above or 4 feet below sidewalk grade or be set back at least 10 feet from the sidewalk.

E. When a live-work unit is located on a street-level street-facing facade, the provisions of subsections 23.47A.008.A and 23.47A.008.B apply, and the portion of each such live-work unit in which business is conducted must be located between the principal street and the residential portion of the live-work unit.

F. The Director may allow departures from street-level requirements of this section for projects that are not subject to the Design Review process, as a Type I decision, if the Director determines that the project will maintain the safety and aesthetics of the streetscape for pedestrians and will:

1. maintain pedestrian access to the structure;

2. maintain urban form consistent with adjacent structures;

3. maintain the visibility of nonresidential uses;

4. maintain the privacy of residential uses; or

5. allow the continued use of an existing structure without substantial renovation.

(Ord. 122935, § 5, 2009; Ord. 122311, § 44, 2006)

23.47A.010 Maximum size of nonresidential use.

A. Except as provided in subsection D of this section, size limits, where specified in Table A of Section 23.47A.004, apply to the total size of a business establishment, except that if a business establishment includes more than one principal use, size limits apply separately to the size of each principal use within the business establishment as determined under this section.

B. For the purposes of this section, size of use includes the gross floor area of a structure(s), or portion of a structure(s), occupied by a principal use and all uses accessory to that use, except that

1. In NC1 and NC2 zones, any area dedicated to outdoor display of goods or equipment for rent or for sale is also included, and

2. In all zones, any gross floor area used for accessory parking is exempted from the size calculation.

C. If a business establishment is located in more than one zone:

1. If the business establishment includes only one principal use, then:

a. the size of the portion of the business establishment that is located within each zone may not exceed the size limit for that principal use for that zone; and

b. the total size of the business establishment may not exceed the largest limit for that principal use that applies in any of the zones where any part of the business establishment is located.

2. If the business establishment includes more than one principal use, size limits apply to each principal use within the business establishment separately, as follows:

a. the size of the portions of each principal use and its accessory uses that are in one zone may not exceed the size limit for that principal use for that zone; and

b. the total size of each principal use and its accessory uses may not exceed the largest limit for that principal use that applies in any of the zones where any part of that use is located.

D. In C1 and C2 zones, office uses are limited one (1) FAR, or thirty-five thousand (35,000) square feet, whichever is greater. For purposes of this subsection, size limits apply to the total amount of all office uses on a lot. Office uses are exempt from this limit if the following NC3 zone standards are met:

1. Blank facades and setbacks, per Section 23.47A.008 A;

2. Transparency, per Section 23.47A.008 B2;

3. Outdoor storage areas, per Section 23.47A.011 D;

4. Screening of blank facades and gas stations, per Section 23.47A.016 C and D2;

5. Drive-in lanes, per Section 23.47A.028;

6. Access to parking, per Section 23.47A.032 A; and

7. Location of parking, per Section 23.47A.032 B.

E. Expansion or replacement of Grocery Stores in NC1 Zones. Grocery stores in NC1 zones are limited to 10,000 square feet. As a special exception, existing grocery stores may be expanded or replaced on-site or on abutting lots up to a maximum size of twenty-three thousand (23,000) sq. ft. when all of the following conditions are met:

1. The grocery store to be expanded or replaced is legally established as of, and has continued in operation since, August 1, 2005;

2. The store is located in a zone of contiguous NC1 zoned land that is at least three (3) acres in size and the zone is at least 1,500 feet away from any NC2, NC3, C1 or C2 zone;

3. The lot abuts an arterial street and the expansion or replacement of the store is not likely to result in significant increases in traffic on non-arterial streets;

4. The expanded or replaced store will be part of a development with at least 30% (thirty percent) of the gross floor area of the structure, not including parking, in residential use; and

5. Impacts to adjacent residential areas from loading activities are mitigated using screening, buffers, or other techniques; and

6. The Director finds that the expansion or replacement is compatible with the character and scale of the area in which it is located.

(Ord. 123046, § 65, 2009; Ord. 122311, § 44, 2006)

23.47A.011 Outdoor activities

A. Except as otherwise provided in this Section 23.47A.011, outdoor activities that are part of permitted commercial uses or permitted agricultural uses are permitted in NC zones or C zones, subject to any applicable standards.

B. Outdoor sales area is limited as follows, except for agricultural uses:

Table A for 23.47A.011 Size Limits for Outdoor Sales
ZoneMaximum Size Limit of Outdoor Sales Area
NC1 zones40% of lot area or 1,500 square feet, whichever is less
NC2 zones40% of lot area or 10,000 square feet, whichever is less
NC3, C1 and C2 zonesNo maximum size limit

 

C. Outdoor display areas for rental equipment are limited as follows:

Table B for 23.47A.011 Size Limits for Outdoor Display of Rental Equipment
ZoneMaximum Size Limit of Outdoor Display of Rental Equipment
NC1 zones10% of lot area or 500 square feet, whichever is less
NC2 and NC3 zones15% of lot area or 1,000 square feet, whichever is less
C1 and C2 zonesNo maximum size limit

 

D. Outdoor storage areas are limited as follows:

Table C for 23.47A.011 Size Limits for Outdoor Storage
ZoneMaximum Size Limit of Outdoor Storage Area
NC1 and NC2 zones, and NC3 zones, except at Seattle CenterProhibited
NC3 zones at Seattle Center1,000 square feet at any one location; and 10,000 square feet for the entire site.
C1 and C2 zonesNo maximum size limit

 

E. The following outdoor activities shall be located at least 50 feet from a lot in a residential zone, unless the elevation of the lot with the activity is at least 15 feet above the grade of the lot in the residential zone at the common lot line:

1. Outdoor sales and/or service of food or beverages, except products of an agricultural use on the lot;

2. Outdoor storage;

3. Outdoor sports and recreation;

4. Outdoor loading berths.

F. Outdoor activities shall be screened and landscaped according to the provisions of Section 23.47A.016.

(Ord. 123378, § 17, 2010; Ord. 122311, § 44, 2006)

23.47A.012 Structure height

A. The height limit for structures in NC zones or C zones is 30 feet, 40 feet, 65 feet, 85 feet, 125 feet, or 160 feet, as designated on the Official Land Use Map, Chapter 23.32. Structures may not exceed the applicable height limit, except as otherwise provided in this Section 23.47A.012. Within the South Lake Union Urban Center, any modifications or exceptions to maximum structure height are allowed solely according to the provisions of the Seattle Mixed Zone, subsections 23.48.010.B.1, 23.48.010.B.2, 23.48.010.B.3, 23.48.010.E and 23.48.010.F, and not according to the provisions of this Section 23.47A.012.

1. In zones with a 30 foot or 40 foot mapped height limit:

a. the height of a structure may exceed the otherwise applicable limit by up to 4 feet, subject to subsection 23.47A.012.A.1.c, provided the following conditions are met:

1) Either

a) A floor-to-floor height of 13 feet or more is provided for nonresidential uses at street level; or

b) A residential use is located on a street-level, street-facing facade, and the first floor of the structure at or above grade is at least 4 feet above sidewalk grade; and

2) The additional height allowed for the structure will not allow an additional story beyond the number that could be built under the otherwise applicable height limit.

b. The height of a structure may exceed the otherwise applicable limit by up to 7 feet, subject to subsection 23.47A.012.A.1.c, provided all of the following conditions are met:

1) Residential and multipurpose retail sales uses are located in the same structure;

2) The total gross floor area of at least one multi-purpose retail sales use exceeds 12,000 square feet;

3) A floor-to-floor height of 16 feet or more is provided for the multi-purpose retail sales use at street level;

4) The additional height allowed for the structure will not allow an additional story beyond the number that could be built under the otherwise applicable height limit if a 16 foot floor-to-floor height were not provided at street level; and

5) The structure is not allowed additional height under subsection 23.47A.012.A.1.a.

c. The Director shall reduce or deny the additional structure height permitted by this subsection 23.47A.012.A.1 if the additional height would significantly block views from neighboring residential structures of any of the following: Mount Rainier, the Olympic and Cascade Mountains, the downtown skyline, Green Lake, Puget Sound, Lake Washington, Lake Union, and the Ship Canal.

2. For any lot within the designated areas shown on Map A for 23.47A.012, the height limit in NC zones or C zones designated with a 40-foot height limit on the Official Land Use Map may be increased to 65 feet and may contain floor area as permitted for a 65 foot zone, pursuant to Section 23.47A.013, provided that all portions of the structure above 40 feet contain only residential uses, and provided that no additional height is allowed under subsection 23.47A.012.A.1.

{/PICK;23-47A-012A;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for 23.47A.012 {/GRAPH;23-47A-012A.tif;comptd;48p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

3. Within the South Lake Union Urban Center, maximum structure height shall be determined according to the provisions of the Seattle Mixed Zone, Section 23.48.010.

4. Within the Station Area Overlay District within the University District Northwest Urban Center Village, maximum structure height may be increased to 125 feet when all of the following are met:

a. The lot is within two blocks of a planned or existing light rail station;

b. The proposed use of the lot is functionally related to other office development, permitted prior to 1971, to have over 500,000 square feet of gross floor area to be occupied by a single entity;

c. A transportation management plan for the life of the use includes incentives for light rail and other transit use by the employees of the office use;

d. The development shall provide street level amenities for pedestrians and shall be designed to promote pedestrian interest, safety, and comfort through features such as landscaping, lighting and transparent facades, as determined by the Director; and

e. This subsection 23.47A.012.A.4 can be used only once per functionally related development.

5. On a lot containing a peat settlement-prone environmentally critical area, the height of a structure may exceed the otherwise applicable height limit and the other height allowances provided by this section 23.47A.012 by up to 3 feet. In addition, 3 more feet of height may be allowed for any wall of a structure on a sloped lot, provided that on the uphill side(s) of the structure, the maximum elevation of the structure height shall be no greater than the height allowed by the first sentence of this subsection 12.47A.012.A.5. The Director may apply the allowances in this subsection 12.47A.012.A.5 only if the following conditions are met:

a. The Director finds that locating a story of parking underground is infeasible due to physical site conditions such as a high water table;

b. The Director finds that the additional height allowed for the structure is necessary to accommodate parking located partially below grade that extends no more than 6 feet above existing or finished grade and no more than 3 feet above the highest existing or finished grade along the structure footprint, whichever is lower, as measured to the finished floor level above; and

c. Other than the additional story of parking allowed pursuant to subsection 23.47A.012.A.5, the additional height allowed for the structure by subsection 23.47A.012.A.5 shall not allow an additional story beyond the number of stories that could be built under the otherwise applicable height limit.

6. In zones with a 65 foot mapped height limit or with a 40 foot mapped height limit with provisions allowing for additional height up to 65 feet pursuant to subsection 23.47A.012.A.2 that are located within the Pike/Pine Conservation Overlay District, the provisions of Section 23.73.010 apply.

B. The ridge of a pitched roof, other than a shed roof or butterfly roof, may extend up to 5 feet above the otherwise applicable height limit in zones with height limits of 30 or 40 feet, if all parts of the roof above the otherwise applicable height limit are pitched at a rate of not less than 4:12 (Exhibit A for 23.47A.012).

{/PICK;23-47A-012B;38p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit A for 23.47A.012: Pitched Roof Height Exception {/GRAPH;23-47A-012B.tif;38p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

C. Rooftop Features.

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

2. Open railings, planters, skylights, clerestories, greenhouses, solariums, parapets and firewalls may extend as high as the highest ridge of a pitched roof permitted by subsection 23.47A.012.B or up to 4 feet above the otherwise applicable height limit, whichever is higher.

3. Solar Collectors.

a. In zones with mapped height limits of 30 or 40 feet, solar collectors may extend up to 4 feet above the otherwise applicable height limit, with unlimited rooftop coverage.

b. In zones with height limits of 65 feet or more, solar collectors may extend up to 7 feet above the otherwise applicable height limit, with unlimited rooftop coverage.

4. Except as provided below, the following rooftop features may extend up to 15 feet above the applicable height limit, as long as the combined total coverage of all features gaining additional height listed in this subsection 23.47A.012.C.4 does not exceed 20 percent of the roof area, or 25 percent of the roof area if the total includes stair or elevator penthouses or screened mechanical equipment:

a. Solar collectors;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing that encloses it, as long as the fencing is at least 15 feet from the roof edge;

d. Wind-driven power generators;

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

f. Stair and elevator penthouses may extend above the applicable height limit up to 16 feet. When additional height is needed to accommodate energy-efficient elevators in zones with height limits of 125 feet or greater, elevator penthouses may extend the minimum amount necessary to accommodate energy-efficient elevators, up to 25 feet above the applicable height limit. Energy-efficient elevators shall be defined by Director's Rule. When additional height is allowed for an energy-efficient elevator, stair penthouses may be granted the same additional height if they are co-located with the elevator penthouse.

5. Within the South Lake Union Urban Center, the combined total coverage of all features listed in subsection 23.47A.012.C.4 may be increased to 65 percent of the roof area, provided that the following are satisfied:

a. The additional rooftop coverage allowed by this subsection 23.47A.012.C.5 is used to accommodate mechanical equipment that is accessory to a research and development laboratory; and

b. All mechanical equipment is screened; and

c. No rooftop features other than wind-driven power generators are located closer than 10 feet from the roof edge.

6. Greenhouses that are dedicated to food production are permitted to extend 15 feet above the applicable height limit if the combined total coverage of all features gaining additional height listed in this subsection 23.47A.012.C does not exceed 50 percent of the roof area, and the greenhouse adheres to the setback requirements in subsection 23.47A.012.C.7.

7. The rooftop features listed in this subsection 23.47.A.012.C.7 shall be located at least 10 feet from the north edge of the roof unless a shadow diagram is provided that demonstrates that locating such features within 10 feet of the north edge of the roof would not shade property to the north on January 21st at noon more than would a structure built to maximum permitted height and FAR:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Greenhouses and solariums;

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

f. Non-firewall parapets;

g. Play equipment.

8. Structures existing prior to May 10, 1986 may add new or replace existing mechanical equipment up to 15 feet above the roof elevation of the structure and shall comply with the noise standards of Section 23.47A.018.

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

D. Solar Retrofits. The Director may permit the retrofitting of solar collectors on conforming or nonconforming structures existing on June 9, 1986 as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. Such a retrofit may be permitted to exceed established height limits, if the following conditions are met:

1. There is no feasible alternative solution to placing the collector(s) on the roof;

2. The positioning of such collector(s) minimizes view blockage and shading of property to the north, while still providing adequate solar access for the collectors; and

3. Such collector(s) meet minimum energy standards administered by the Director.

E. Height Exceptions for Public Schools.

1. For new public school construction on new public school sites, the maximum permitted height shall be the maximum height permitted in the zone.

2. For new public school construction on existing public school sites, the maximum permitted height shall be the maximum height permitted in the zone or 35 feet plus 15 feet for a pitched roof complying with subsection 23.47A.012.E.5, whichever is greater.

3. For additions to existing public schools on existing public school sites, the maximum height permitted shall be the maximum height permitted in the zone, the height of the existing school, or 35 feet plus 15 feet for a pitched roof complying with subsection 23.47A.012.E.5, whichever is greater.

4. Development standard departure for structure height may be granted pursuant to the procedures and criteria set forth in Chapter 23.79. For construction of new structures on new and existing public school sites to the extent not otherwise permitted outright, maximum height that may be granted as a development standard departure in zones with height limits of 30 or 40 feet shall be 35 feet plus 15 feet for a pitched roof complying with subsection 23.47A.012.E.5 for elementary schools and 60 feet plus 15 feet for a pitched roof complying with subsection 23.47A.012.E.5 for secondary schools. All height maximums may be waived by the Director when waiver would contribute to the demolition of fewer residential structures.

5. To qualify for additional height for a pitched roof under this subsection 23.47A.012.E, all parts of the roof above the height otherwise allowed must be pitched at a rate of not less than 3:12 and the roof must not be a shed roof or butterfly roof.

(Ord. 123649, § 20, 2011; Ord. 123564, § 7, 2011; Ord. 123378, § 18, 2010; Ord. 123020, § 10, 2009; Ord. 122935, § 6, 2009; Ord. 122738, § 2, 2008; Ord. 122311, § 44, 2006)

23.47A.013 Floor area ratio

A. Floor area ratio (FAR) limits apply to all structures and lots in all NC zones and C zones.

1. All gross floor area not exempt under subsection D of this Section is counted against the maximum gross floor area allowed by the permitted FAR.

2. When there are multiple structures on a lot, the highest FAR limit applicable to any structure on the lot applies to the combined non-exempt gross floor area of all structures on the lot, subject to subsection A4 of this section.

3. Above-grade parking within or covered by a structure or portion of a structure must be included in gross floor area calculations, except as provided in subsection D6.

4. When a lot is in more than one zone, the FAR limit for each zone applies to the portion of the lot located in that zone.

B. Except as provided in subsections C, D and E of this section, maximum FAR allowed in C zones and NC zones is shown in Table A for 23.47A.013.
Table A for 23.47A.013: Maximum Floor Area Ratio (FAR) Outside of the Station Area Overlay District
Height Limit
30÷40÷65÷85÷125÷160÷
Maximum FAR
1. Total permitted for a single-purpose structure containing only residential or non-residential use.2.2534.254.555
2. Total permitted for any single use within a mixed-use structuren/an/a4.254.555
3. Total permitted for all uses within a mixed- use structure containing residential and non-residential uses.2.53.254.75667

C. Maximum FAR allowed in NC zones or C zones within the Station Area Overlay District is shown in Table B for 23.47A.013.
Table B for 23.47A.013: Maximum Floor Area Ratio (FAR) in the Station Area Overlay District
Height Limit
30÷40÷65÷85÷125÷160÷
Maximum FAR345.75667

D. The following gross floor area is not counted toward FAR:

1. Gross floor area below grade;

2. Gross floor area of a transit station, including all floor area open to the general public during normal hours of station operation but excluding retail or service establishments to which public access is limited to customers or clients, even where such establishments are primarily intended to serve transit riders;

3. Within the South Lake Union Urban Center, gross floor area occupied by mechanical equipment located on the roof of a structure;

4. Within the South Lake Union Urban Center, mechanical equipment that is accessory to a research and development laboratory, up to 15 percent of the gross floor area of a structure. The allowance is calculated on the gross floor area of the structure after all space exempt under this subsection is deducted; and

5. Within the First Hill Urban Center Village, on lots zoned NC3, with a 160 foot height limit, all gross floor area occupied by a residential use.

6. On a lot containing a peat settlement-prone environmentally critical area, above-grade parking within or covered by a structure or portion of a structure where the Director finds that locating a story of parking below grade is infeasible due to physical site conditions such as a high water table, if either:

a. the above-grade parking extends no more that 6 feet above existing or finished grade and no more than 3 feet above the highest existing or finished grade along the structure footprint, whichever is lower, as measured to the finished floor level or roof above, pursuant to subsection 23.47A.012.A.6; or

b. all of the following conditions are met:

1) no above-grade parking is exempted by subsection 23.47A.013.D.6.a

2) the parking is accessory to a residential use on the lot;

3) total parking on the lot does not exceed 1 space for each residential dwelling unit plus the number of spaces required by this Code for non-residential uses; and

4) the amount of gross floor area exempted by this subsection 23.47A.013.D.6.b does not exceed 25 percent of the area of the lot in zones with a height limit less than 65 feet, or 50 percent of the area of the lot in zones with a height limit 65 feet or greater.

E. Within the Station Area Overlay District within the University District Northwest Urban Center Village, for office structures permitted prior to 1971, the area of the lot for purposes of calculating permitted FAR is the tax parcel created prior to the adoption of Ordinance 121846 on which the existing structure is located, provided the office structure is to be part of a functionally related development occupied by a single entity with over 500,000 square feet of area in office use. The floor area of above grade pedestrian access is exempt from the FAR calculations of this subsection, and the maximum permitted FAR is 8.

(Ord. 123564, § 8, 2011; Ord. 123046, § 65, 2009; Ord. 122935, § 7, 2009; Ord. 122738, § 3, 2008; Ord. 122311, § 44, 2006)

23.47A.014 Setback requirements

A. Definition. For the purposes of this Section 23.47A.014, "portions of structures" include those features listed in Section 23.47A.012.D, Rooftop Features.

B. Setback requirements for lots abutting or across the alley from residential zones.

1. A setback is required where a lot abuts the intersection of a side lot line and front lot line of a lot in a residential zone. The required setback forms a triangular area. Two sides of the triangle extend along the street lot line and side lot line 15 feet from the intersection of the residentially zoned lot's front lot line and the side lot line abutting the residentially zoned lot. The third side connects these two sides with a diagonal line across the commercially-zoned lot (Exhibit A for 23.47A.014).

{/PICK;23-47A-014A;comptd;35p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit A for 23.47A.014 {/GRAPH;23-47A-014A.tif;comptd;35p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

2. A setback is required along any rear or side lot line that abuts a lot in a residential zone, as follows:

a. Ten feet for portions of structures above 13 feet in height to a maximum of 65 feet; and

b. For each portion of a structure above 65 feet in height, additional setback at the rate of 1 foot of setback for every 10 feet by which the height of such portion exceeds 65 feet (Exhibit B for 23.47A.014).

{/PICK;23-47A-014B;comptd;29p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit B for 23.47A.014 {/GRAPH;23-47A-014B.tif;comptd;29p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

3. For a structure containing a residential use, a setback is required along any side or rear lot line that abuts a lot in a residential zone or that is across an alley from a lot in a residential zone, as follows:

a. Fifteen feet for portions of structures above 13 feet in height to a maximum of 40 feet; and

b. For each portion of a structure above 40 feet in height, additional setback at the rate of 2 feet of setback for every 10 feet by which the height of such portion exceeds 40 feet (Exhibit C for 23.47A.014).

{/PICK;23-47A-014C;19p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-47A-014C.tif;19p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;18p;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit C for 23.47A.014\.

4. One-half of the width of an abutting alley may be counted as part of the required setback. For the purpose of this Section 23.47A.014, the alley width and the location of the rear lot line shall be determined prior to any dedication that may be required for alley improvement purposes.

5. No entrance, window, or other opening is permitted closer than 5 feet to an abutting residentially-zoned lot.

C. A minimum five (5) foot landscaped setback may be required under certain conditions and for certain uses according to Section 23.47A.016, Screening and landscaping standards.

D. Mobile Home Parks. A minimum five (5) foot setback is required along all street lot lines of a mobile home park. The setback must be landscaped according to the provisions of Section 23.47A.016 D2.

E. Structures in Required Setbacks.

1. Decks and balconies.

a. Decks with open railings may extend into the required setback, but are not permitted within five (5) feet of a lot in a residential zone, except as provided in subsection E1b.

b. Decks that are accessory to residential uses and are no more than eighteen (18) inches above existing or finished grade, whichever is lower, are permitted within five (5) feet of a lot in a residential zone.

2. Eaves, cornices and gutters projecting no more than eighteen (18) inches from the structure facade are permitted in required setbacks.

3. Ramps or other devices necessary for access for the disabled and elderly, which meet Seattle Building Code, Chapter 11, are permitted in required setbacks.

4. Uncovered, unenclosed pedestrian bridges, necessary for access and less than five (5) feet in width, are permitted in required setbacks.

5. Fences, bulkheads, freestanding walls and other similar structures.

a. Fences, freestanding walls and other similar structures six (6) feet or less in height above existing or finished grade, whichever is lower, are permitted in required setbacks. The six (6) foot height may be averaged along sloping grade for each six (6) foot long segment of the fence, but in no case may any portion of the fence exceed eight (8) feet.

b. Bulkheads and retaining walls used to raise grade may be placed in any required setback when limited to six (6) feet in height, measured above existing grade. A guardrail no higher than forty-two (42) inches may be placed on top of a bulkhead or retaining wall existing as of the date of the ordinance codified in this section. If a fence is placed on top of a new bulkhead or retaining wall, the maximum combined height is limited to nine and one-half (9 1/2) feet.

c. Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or six (6) feet, whichever is greater. When the bulkhead is measured from the low side and it exceeds six (6) feet, an open guardrail of no more than forty-two (42) inches meeting Building Code requirements may be placed on top of the bulkhead or retaining wall. A fence must be set back a minimum of three (3) feet from such a bulkhead or retaining wall.

6. Setback requirements do not limit underground structures.

7. Detached solar collectors are permitted in required setbacks. Such collectors may be no closer than five (5) feet to any other principal or accessory structure, and no closer than three (3) feet to any lot line that abuts a residentially zoned lot.

8. Dumpsters and other trash receptacles, except for trash compactors, located outside of structures are not permitted within ten (10) feet of any lot line that abuts a residential zone and must be screened per the provisions of section 23.47A.016.

F. Setback requirement for loading adjacent to an alley. Where access to a loading berth is from the alley, and truck loading is parallel to the alley, a setback of 12 feet is required for the loading berth, measured from the centerline of the alley (Exhibit D for 23.47A.014. This setback must be maintained up to a height of 12 feet.

{/PICK;23-47A-014D;comptd;20p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mExhibit D for 23.47A.014 {/GRAPH;23-47A-014D.tif;comptd;20p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

G. A setback may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones, and Section 23.53.030, Alley improvements in all zones.

(Ord. 123649, § 21, 2011; Ord. 122935, § 8, 2009; Ord. 122311, § 44, 2006)

23.47A.015 View corridors.

A. On lots that are partially within the Shoreline District, a view corridor shall be required for the entire lot if the portion of the lot in the Shoreline District is required to provide a view corridor under the Seattle Shoreline Master Program.

B. Measurement and modification of the view corridor requirement must be according to the Shoreline District measurement regulations.

(Ord. 122311, § 44, 2006)

23.47A.016 Landscaping and screening standards

A. Landscaping requirements.

1. The Director shall promulgate rules to foster the long-term health, viability, and coverage of plantings. The rules shall address, at a minimum, the type and size of plants, spacing of plants, use of drought-tolerant plants, and access to light and air for plants. All landscaping provided to meet the requirements of this section shall comply with these rules.

2. Landscaping that achieves a Green Factor score of .30 or greater, pursuant to Section 23.86.019, is required for any lot with:

a. development containing more than four new dwelling units; or

b. development, either a new structure or an addition to an existing structure, containing more than 4,000 new square feet of nonresidential uses; or

c. any parking lot containing more than 20 new parking spaces for automobiles.

B. Street tree requirements.

1. Street trees are required when any development is proposed, except as provided in subsection 23.47A.016.B.2 and Section 23.53.015. Existing street trees shall be retained unless the Director of Transportation approves their removal. The Director, in consultation with the Director of Transportation, will determine the number, type and placement of street trees to be provided:

a. to improve public safety;

b. to promote compatibility with existing street trees;

c. to match trees to the available space in the planting strip;

d. to maintain and expand the urban forest canopy;

e. to encourage healthy growth through appropriate spacing;

f. to protect utilities; and

g. to allow access to the street, buildings and lot.

2. Exceptions to street tree requirements.

a. If a lot borders an unopened right-of-way, the Director may reduce or waive the street tree requirement along that street if, after consultation with the Director of Transportation, the Director determines that the street is unlikely to be opened or improved.

b. Street trees are not required for any of the following:

1) establishing, constructing or modifying single-family dwelling units; or

2) changing a use, or establishing a temporary use or intermittent use; or

3) expanding a structure by 1,000 square feet or less; or

4) expanding surface area parking by less than 10 percent in area and less than 10 percent in number of spaces.

3. When an existing structure is proposed to be expanded by more than 1,000 square feet, one street tree is required for each 500 square feet over the first 1,000 square feet of additional structure, up to the maximum number of trees that would be required for new construction.

4. If it is not feasible to plant street trees in a right-of-way planting strip, a 5-foot setback shall be planted with street trees along the street property line or landscaping other than trees shall be provided in the planting strip, subject to approval by the Director of Transportation. If, according to the Director of Transportation, a 5-foot setback or landscaped planting strip is not feasible, the Director of Planning and Development may reduce or waive this requirement.

C. General standards for screening and landscaping where required for specific uses.

1. Screening shall consist of fences, walls, hedges, or landscaped berms. Any type of screening shall be at least as tall as the height specified in subsection 23.47A.016.D.

2. Landscaped areas and berms required under subsection 23.47A.016.D must meet rules promulgated by the Director pursuant to subsection 23.47A.016.A.1. Decorative features such as decorative pavers, sculptures or fountains, or pedestrian access meeting the Seattle Building Code, Chapter 11, may cover a maximum of 30 percent of each landscaped area or berm used to satisfy requirements under subsection 23.47A.016.D.

D. Screening and landscaping requirements for specific uses. When there is more than one use that requires screening or landscaping, the requirement that results in the greater amount applies.

1. Surface parking areas.

a. Landscaping requirements for surface parking areas are summarized in Table C for 23.47A.016.

Table C for 23.47A.016
Number of Parking SpacesRequired Landscaped Area
20 to 5018 square feet/parking space
51 to 9925 square feet/parking space
100 or more35 square feet/parking space

1) Each landscaped area shall be no smaller than 100 square feet and must be enclosed by permanent curbs or structural barriers.

2) No part of a landscaped area shall be less than 4 feet in width or length except those parts of landscaped areas created by turning radii or angles of parking spaces.

3) No parking space shall be more than 60 feet from a required landscaped area.

b. Trees in surface parking areas.

1) One tree is required for every ten parking spaces.

2) Trees shall be selected in consultation with the Director of Transportation.

c. Screening of surface parking areas.

1) Three-foot-high screening is required along street lot lines.

2) Surface parking abutting or across an alley from a lot in a residential zone must have 6-foot-high screening along the abutting lot line and a 5-foot-deep landscaped area inside the screening (see Exhibit A for 23.47A.016.

{/PICK;23-47A-016A;comptd;26p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-47A-016A.tif;comptd;23p;center;bottom;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;3p;center;top;0;0;cw;0;0;0;0}\mExhibit A for 23.47A.016\.

d. The Director may waive or reduce the requirements of this subsection 23.47A.016.D.1:

1) to improve safety;

2) to provide adequate maneuvering room for service vehicles;

3) when it would not otherwise be feasible to provide the required number of spaces; or

4) when required parking can only be provided at the rear lot line and access to individual parking spaces can only be provided directly from the alley.

e. In deciding whether and to what extent to waive or reduce the landscaping and screening requirements, the Director shall consider whether:

1) the lot width and depth permit alternative workable site plans that would allow screening and landscaping;

2) the character of uses across the alley, such as a parking garage accessory to a multifamily structure, makes the screening and landscaping less necessary;

3) the lot is in a location where access to parking from the street is not permitted; and

4) a topographic break between the alley and the residential zone makes screening less necessary.

2. Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features. Any fence or free-standing wall for a utility services use must provide either:

a) A 5-foot-deep landscaped area between the wall or fence and the street lot line; or

b) Architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

3. Other uses or circumstances. Screening and landscaping is required according to Table D for 23.47A.016:
Table D for 23.47A.016
Use or CircumstanceMinimum Requirement
a. Drive-in businesses abutting or across an alley from a lot in a residential zone6-foot-high screening along the abutting or alley lot lines; and A 5-foot-deep landscaped area inside the screening, when a drive-in lane or queuing lane abuts a lot in a residential zone
b. Drive-in businesses, other than gas stations, in which the drive-in lane or queuing lanes are across the street from a lot in a residential zone3-foot-high screening
c. Garbage cans in NC1, NC2, or NC3 zones, or associated with a structure containing a residential use in C1 or C2 zones3-foot-high screening along areas where garbage cans are located
d. Garbage dumpsters in NC1, NC2, or NC3 zones, or associated with structures containing a residential use in C1 or C2 zones6-foot-high screening
e. Gas stations in NC1, NC2 and NC3 zones or, in C1 and C2 zones, across the street from a lot in a residential zone3-foot-high screening along street lot lines
f. Mobile home parks6-foot-high screening along all lot lines that are not street lot lines; and Along all street lot lines, a 5-foot-deep landscaped area or a 5-foot-deep planting strip with street trees
g. Outdoor sales and outdoor display of rental equipment, abutting or across an alley from a lot in a residential zone6-foot-high screening along the abutting or alley lot lines
h. Outdoor sales and outdoor display of rental equipment across the street from a lot in a residential zone3-foot-high screening along the street lot line
i. Outdoor storage in a C1 zone; or Outdoor dry boat storage in NC2, NC3 or C1 zones in the Shoreline DistrictScreened from all lot lines by the facade of the structure or by 6-foot- high screening; and 5-foot-deep landscaped area between all street lot lines and the 6-foot-high screening (Exhibit C for 23.47A.016)
j. Outdoor storage in a C2 zone abutting a lot in a residential zone; or Outdoor dry boat storage in a C2 zone in the Shoreline District, abutting a lot in a residential zone50-foot setback from the lot lines of the abutting lot in a residential zone and screened from those lot lines by the facade of the structure or by 6-foot-high screening (Exhibit D for 23.47A.016)
k. Outdoor storage in a C2 zone across the street from a lot in a residential zone; or Outdoor dry boat storage, in a C2 zone in the Shoreline District, across the street from a lot in a residential zoneScreened from the street by the facade of a structure, or by 6-foot-high screening
l. Parking garage occupying any portion of the street-level street-facing facade between 5 and 8 feet above sidewalk gradeA 5-foot-deep landscaped area along the street lot line; or Screening by the exterior wall of the structure; or 6-foot-high screening between the structure and the landscaped area (Exhibit B for 23.47A.016)
m. Unenclosed parking garage on lots abutting a lot in a residential zoneA 5-foot-deep landscaped area and 6- foot-high screening along each shared lot line
n. Parking garage that is 8 feet or more above grade3.5-foot screening along the perimeter of each floor of parking
o. Outdoor areas associated with pet daycare centersScreened from all property lines by the facade of the structure or by 6-foot-high screening between the outdoor area and all property lines

{/PICK;23-47A-016B;comptd;23p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-47A-016B.tif;comptd;20p;center;bottom;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;3p;center;top;0;0;cw;0;0;0;0}\mExhibit B for 23.47A.016 Screening of parking within or under a structure\.

{/PICK;23-47A-016C;comptd;23p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-47A-016C.tif;38p;comptd;center;bottom;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;37p;comptd;center;top;0;0;cw;0;0;0;0}\mExhibit C for 23.47A.016 Screening of open storage areas in C1 zones\.

{/PICK;23-47A-016D;comptd;25p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-47A-016D.tif;comptd;23p;center;bottom;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;2p;center;top;0;0;cw;0;0;0;0}\mExhibit D for 23.47A.016 - Screening of open storage areas in C2 zones\.

[4]3. On lots within the Shoreline District where view corridors are required, the Director may reduce the required height of screening and may modify the location and type of required landscaping so that views are not obstructed.

[5]4. When one of the specific uses listed in this subsection 23.47A.016.D is proposed for expansion, the applicable requirements for that use must be met. The Director may reduce or waive the requirements where they are physically infeasible due to the location of existing structures or required parking.

E. Breaks in required screening are permitted to provide pedestrian and vehicular access. Breaks in required screening for vehicular access shall not exceed the width of permitted curb cuts.

(Ord. 123649, § 22, 2011; Ord. 123547, § 4, 2011; Ord. 123046, § 65, 2009; Ord. 122935, § 9, 2009; Ord. 122311, § 44, 2006)

23.47A.018 Noise standards

A. In an NC1, NC2 or NC3 zone, all manufacturing, fabricating, repairing, refuse compacting and recycling activities shall be conducted wholly within an enclosed structure. In a C1 or C2 zone, location within an enclosed structure is required only when the structure is located within 50 feet of a residential zone, except when required as a condition for permitting a major noise generator according to subsection 23.47A.018.B. Doors on such a structure that are further than 50 feet from the residential zone and that face away from the residential zone may remain open.

B. Major Noise Generators.

1. The following uses are considered major noise generators:

a. Light and general manufacturing;

b. Major vessel repair;

c. Aircraft repair shops;

d. Major vehicle repair;

e. Cargo terminals;

f. Recycling;

g. Other similar uses.

2. Exterior heat exchangers and other similar devices (e.g., ventilation, air-conditioning, refrigeration) are considered major noise generators.

3. When a major noise generator is proposed, or when an existing major noise generator is proposed to be expanded, a report from an acoustical consultant shall be required to describe the measures to be taken by the applicant in order to meet noise standards for the area. Such measures may include, for example, the provision of buffers, reduction in hours of operation, relocation of mechanical equipment, increased setbacks and use of specified construction techniques or building materials. Measures to be used shall be specified on the plans. After a permit has been issued, any measures that were required by the permit to limit noise shall be maintained.

(Ord. 123046, § 32, 2009; Ord. 122311, § 44, 2006)

23.47A.020 Odor standards

A. The venting of odors, vapors, smoke, cinders, dust, gas and fumes shall be at least ten (10) feet above finished sidewalk grade, and directed away to the extent possible from residential uses within fifty (50) feet of the vent.

B. Major Odor Sources.

1. Uses that employ the following odor-emitting processes or activities are considered major odor sources:

a. Lithographic, rotogravure or flexographic printing;

b. Film burning;

c. Fiberglassing;

d. Selling of gasoline and/or storage of gasoline in tanks larger than 260 gallons;

e. Handling of heated tars and asphalts;

f. Incinerating (commercial);

g. Tire buffing;

h. Metal plating;

i. Vapor degreasing;

j. Wire reclamation;

k. Use of boilers (greater than 106 British Thermal Units per hour, 10,000 pounds steam per hour, or 30 boiler horsepower);

l. Animal food processing;

m. Other similar processes or activities.

2. Uses that employ the following processes are considered major odor sources, except when the entire activity is conducted as part of a commercial use other than food processing or heavy commercial services:

a. Cooking of grains;

b. Smoking of food or food products;

c. Fish or fishmeal processing;

d. Coffee or nut roasting;

e. Deep fat frying;

f. Dry cleaning.

C. When an application is made for a use that is a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), will determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. The measures to be taken must be indicated on plans submitted to the Director and may be required as conditions for the issuance of any permit. After a permit has been issued, any measures that were required by the permit must be maintained.

(Ord. 123046, § 33, 2009; Ord. 122311, § 44, 2006)

23.47A.022 Light and glare standards.

A. Exterior lighting must be shielded and directed away from adjacent uses.

B. Interior lighting in parking garages must be shielded to minimize nighttime glare affecting nearby uses.

C. To prevent vehicle lights from affecting adjacent properties, driveways and parking areas for more than two (2) vehicles shall be screened from adjacent properties by a fence or wall between five (5) feet and six (6) feet in height, or solid evergreen hedge or landscaped berm at least five (5) feet in height. If the elevation of the lot line is different from the finished elevation of the driveways or parking surface, the difference in elevation may substitute for a portion of the required height of the screen so long as the screen itself is a minimum of three (3) feet in height. The Director may waive the requirement for the screening if it is not needed due to changes in topography, agreements to maintain an existing fence, or the nature and location of adjacent uses.

D. Height.

1. Exterior lighting on poles is permitted up to a maximum height of thirty (30) feet from finished grade. In zones with a forty (40) foot or greater height limit, exterior lighting on poles is permitted up to a height of forty (40) feet from finished grade, provided that the ratio of watts to area is at least twenty (20) percent below the maximum exterior lighting level permitted by the Energy Code.

2. Athletic Fields.

a. Light poles for illumination of athletic fields on new and existing public school sites may exceed the maximum permitted height set forth in subsection D1, above, up to a maximum height of one hundred (100) feet, where determined by the Director to be necessary to ensure adequate illumination and where the Director determines that impacts from light and glare are minimized to the greatest extent practicable. The applicant must submit an engineer's report demonstrating that impacts from light and glare are minimized to the greatest extent practicable. When proposed light poles are reviewed as part of a project being reviewed pursuant to Chapter 25.05, Environmental Policies and Procedures, and requiring a SEPA determination, the applicant must demonstrate that the additional height contributes to a reduction in impacts from light and glare.

b. When proposed light poles are not included in a proposal being reviewed pursuant to Chapter 25.05, the Director may permit the additional height as a special exception subject to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

(1) When seeking a special exception for taller light standards, the applicant must submit an engineer's report demonstrating that the additional height contributes to a reduction in impacts from light and glare. When the proposal will result in extending the lighted area's duration of use, the applicant must address and mitigate potential impacts, including but not limited to, increased duration of noise, traffic, and parking demand. The applicant also must demonstrate it has conducted a public workshop for residents within ( 1/8) one-eighth of a mile of the affected school in order to solicit comments and suggestions on design as well as potential impacts.

(2) The Director may condition a special exception to address negative impacts from light and glare on surrounding areas, and may also impose conditions to address other impacts associated with increased field use due to the addition of lights, including, but not limited to, increased noise, traffic, and parking demand.

E. Glare diagrams that clearly identify potential adverse glare impacts on residential zones and on arterials shall be required when:

1. Any structure is proposed to have a facade of reflective coated glass or other highly reflective material, and/or new or expanded structures greater than sixty-five (65) feet in height are proposed to have more than thirty (30) percent of a facade composed of clear or tinted glass; and

2. The facade(s) surfaced or composed of materials referred to in subsection 1 above either:

a. Are oriented toward and are less than two hundred (200) feet from any residential zone, and/or

b. Are oriented toward and are less than four hundred (400) feet from a major arterial with more than fifteen thousand (15,000) vehicle trips per day, according to Seattle Department of Transportation data.

3. When glare diagrams are required, the Director may require modification of the plans to mitigate adverse impacts, using methods including but not limited to the following:

a. Minimizing the percentage of exterior facade that is composed of glass;

b. Using exterior glass of low reflectance;

c. Tilting glass areas to prevent glare that could affect arterials, pedestrians or surrounding structures;

d. Alternating glass and non-glass materials on the exterior facade; and

e. Changing the orientation of the structure.

(Ord. 122311, § 44, 2006)

23.47A.024 Amenity area

A. Amenity areas are required in an amount equal to 5 percent of the total gross floor area in residential use, except as otherwise specifically provided in this Chapter 23.47A. Gross floor area, for the purposes of this subsection, excludes areas used for mechanical equipment and accessory parking.

B. Required amenity areas shall meet the following standards, as applicable:

1. All residents shall have access to at least one common or private amenity area;

2. Amenity areas shall not be enclosed;

3. Parking areas, vehicular access easements, and driveways do not count as amenity areas, except that a woonerf may provide a maximum of 50 percent of the amenity area if the design of the woonerf is approved through a design review process pursuant to Chapter 23.41;

4. Common amenity areas shall have a minimum horizontal dimension of 10 feet, and no common amenity area shall be less than 250 square feet in size;

5. Private balconies and decks shall have a minimum area of 60 square feet, and no horizontal dimension shall be less than 6 feet.

6. Rooftop areas excluded because they are near minor communication utilities and accessory communication devices, pursuant to Section 23.57.012.C.1.d, do not qualify as amenity areas.

(Ord. 123495, § 49, 2011; Ord. 122311, § 44, 2006)

23.47A.027 Landmark Districts and designated landmark structures

A. The Director, in consultation with the Director of the Department of Neighborhoods, may waive or allow departures from standards for street level development, residential amenity areas, setbacks, floor area ratio limits and screening and landscaping for designated landmark structures or for development within a Landmark District pursuant to Seattle Municipal Code, Title 25 or within a Special Review District pursuant to Seattle Municipal Code, Chapter 23.66.

B. The Director's decision to waive or allow departures from development standards shall be consistent with adopted District design and development guidelines and shall be consistent with the recommendations of the Landmarks Preservation Board or the Director of Neighborhoods except when potential environmental impacts clearly require denial or granting lesser waivers or departures.

(Ord. 123495, § 50, 2011; Ord. 122935, § 10, 2009; Ord. 122311, § 44, 2006)

23.47A.028 Standards for drive-in businesses.

A. Number of Drive-in Lanes and Fuel Pumps Permitted.

1. Drive-in lanes are permitted, conditioned, or prohibited as follows:
NC1, except pedestrian-designatedNC2, except pedestrian-designatedNC3, except pedestrian-designatedPedestrian-designated zonesC1 and C2, except pedestrian-designated
Gas Stations4 lanes subject to conditions in subsections 2, 3 and 44 lanes subject to conditions in subsections 2, 3 and 44 lanes subject to conditions in subsections 2, 3 and 4ProhibitedPermitted
RestaurantsProhibitedProhibited4 lanes subject to conditions in subsection 4ProhibitedPermitted
Other Drive-in BusinessesProhibited2 lanes4 lanesProhibitedPermitted

2. In NC zones, gas stations may contain no more than four (4) fuel pumps capable of fueling no more than eight (8) automobiles simultaneously, except as may be allowed under subsection A3 of this section.

3. The Director shall permit one (1) additional lane and one (1) additional fuel pump provided that the additional lane serves, and the additional fuel pump dispenses, one or more of the following fuels: natural gas, bio-diesel, or hydrogen.

4. Gas stations in all NC zones, and restaurants with drive-in lanes in NC3 zones, are permitted subject to the following requirements:

a. The design, including architectural treatment, signage, landscaping and lighting, is compatible with other structures in the vicinity;

b. Appropriate litter-control measures are provided; and

c. The applicant, if required by the Director, prepares an analysis of traffic, circulation and parking impacts, and demonstrates that the drive-in lanes will not:

(1) Cause significant additional traffic to circulate through adjacent residential neighborhoods;

(2) Disrupt the pedestrian character of an area by significantly increasing the potential for pedestrian-vehicle conflicts;

(3) Create traffic or access problems that will require the expenditure of City funds to mitigate;

(4) Interfere with peak-hour transit operations, by causing auto traffic to cross a designated high-occupancy vehicle lane adjacent to the lot;

(5) Cause cars waiting to use the facility to queue across the sidewalk or onto the street; or

(6) Interrupt established retail or service frontage designed to serve pedestrians.

B. Drive-in businesses must provide queuing spaces according to the following:

1. Banks with drive-in facilities: a minimum of five (5) queuing spaces per lane when the number of lanes does not exceed two (2). When the number of drive-in lanes exceeds two (2) a minimum of three (3) queuing spaces per lane is required.

2. Car washes: a minimum of ten (10) queuing spaces.

C. If the drive-in bank or car wash is located along either a principal arterial or a minor arterial, or along a street with only one lane for moving traffic in each direction, the Director will determine as a Type I Master Use Permit decision, after consulting with the Director of Transportation, whether additional queuing spaces are necessary or whether access should be restricted. The Director may restrict access to the facility from that arterial or street, or may require additional queuing space up to a maximum of:

1. Banks with one (1) or two (2) drive-in lanes, eight (8) spaces per lane;

2. Banks with three (3) or more drive-in lanes, six (6) spaces per lane;

3. Car washes, twenty (20) spaces per lane.

D. The Director will determine the minimum number of queuing spaces needed for drive-in business uses not specifically identified in subsection B and C above.

E. Screening and landscaping of drive-in businesses is required in accordance with subsection 23.47A.016 D2.

(Ord. 122311, § 44, 2006)

23.47A.030 Required parking and loading.

A. Off-street parking spaces may be required as provided in Section 23.54.015, Required parking.

B. Loading berths are required for certain commercial uses according to the requirements of Section 23.54.035.

(Ord. 122311, § 44, 2006)

23.47A.032 Parking location and access

A. Access to parking.

1. NC zones. The following rules apply in NC zones, except as provided under subsections 23.47A.032.A.2 and 23.47A.032.D:

a. Access to parking shall be from the alley if the lot abuts an alley improved to the standards of Section 23.53.030.C, or if the Director determines that alley access is feasible and desirable to mitigate parking access impacts.

b. If access is not provided from an alley and the lot abuts only one street, access is permitted from the street, and limited to one two-way curb cut.

c. If access is not provided from an alley and the lot abuts two or more streets, access is permitted across one of the side street lot lines pursuant to subsection 23.47A.032.C, and curb cuts are permitted pursuant to subsection 23.54.030.F.2.a.1.

d. For each permitted curb cut, street-facing facades may contain one garage door, not to exceed the maximum width allowed for curb cuts.

2. In addition to the provisions governing NC zones in subsection 23.47A.032.A.1, the following rules apply in pedestrian-designated zones, except as may be permitted under subsection 23.47A.032.D:

a. If access is not provided from an alley and the lot abuts two or more streets, access to parking shall be from a street that is not a principal pedestrian street.

b. If access is not provided from an alley and the lot abuts only a principal pedestrian street or streets, access is permitted from the principal pedestrian street, and limited to one two-way curb cut.

3. In C1 and C2 zones, access to off-street parking may be from a street, alley, or both when the lot abuts an alley. However, structures in C zones with residential uses and structures in C zones across the street from residential zones shall meet the requirements for parking access for NC zones as provided in subsection 23.47A.032.A.1. If two or more structures are located on a single site, then a single curb cut shall be provided according to the standards in Sections 23.47A.032.A.1, .2, and 23.54.030.F.2.

4. In the event of conflict between the standards for curb cuts in this subsection 23.47A.032.A and the provisions of subsection 23.54.030.F, the standards in subsection 23.54.030.F shall control.

B. Location of parking.

1. The following rules apply in NC zones, except as provided in subsection 23.47A.032.D.

a. Parking shall not be located between a structure and a street lot line (Exhibit A for 23.47A.032).

{/PICK;23-47A-032A;full;comptd;block;cct;crt;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-47A-032A.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

b. Within a structure, street-level parking shall be separated from street-level, street-facing facades by another permitted use. This requirement does not apply to access to parking meeting the standards of subsection 23.47A.032.A.

c. Parking to the side of a structure shall not exceed 60 feet of street frontage (Exhibit B for 23.47A.032).

{/PICK;23-47A-032B;full;comptd;block;cct;crt;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-47A-032B.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

d. Required parking shall be located no farther than 800 feet from the lot with the use to which it is accessory, and shall comply with the provisions of Section 23.54.025, Parking Covenants.

2. In pedestrian designated zones, surface parking is prohibited abutting the street lot line along a principal pedestrian street.

3. Off-street parking may be located anywhere on a lot in C1 and C2 zones, except that structures with residential uses in C zones and structures in C zones across the street from residential zones shall meet the requirements for parking location for NC zones as provided in subsection 23.47A.032.B.1, except that if a lot in a C zone is bordered by streets on all sides, then parking may be provided between a street and a structure, but only on sides facing other commercially-zoned lots.

C. When a lot fronts on two or more streets, the Director will determine which of the streets will be considered the front lot line, for purposes of this section only. In making a determination, the Director will consider the following criteria:

1. The extent to which each street's pedestrian-oriented character or commercial continuity would be disrupted by curb cuts, driveways or parking adjacent to the street;

2. The potential for pedestrian and automobile conflicts; and

3. The relative traffic capacity of each street as an indicator of the street's role as a principal commercial street.

D. Exceptions to parking location and access requirements.

1. Access to off-street parking may be from a street if, due to the relationship of an alley to the street system, use of the alley for parking access would create a significant safety hazard as determined by the Director.

2. If a lot borders an unopened right-of-way, the Director may apply the parking access and location requirements as if that street did not border the lot if, after consultation with the Director of Transportation, the Director determines that the street is unlikely to be opened or improved.

3. On waterfront lots in the Shoreline District, parking may be located between the structure and the front lot line, if necessary to prevent blockage of view corridors or to keep parking away from the edge of the water as required by the Shoreline Master Program.

4. For fire and police stations, the Director shall determine the appropriate access to parking based upon needs of emergency and other vehicles and the configuration of the site.

E. When an existing building is proposed to be expanded, the Director shall determine the location of parking and access with the goal of minimizing the impact of parking and access along the front lot line.

F. Access to a loading berth shall be from the alley if the lot abuts an alley improved to the standards of subsection 23.53.030.C, or if the Director determines that alley access is feasible and desirable to mitigate right-of-way impacts.

G. Parking shall be screened according to the provisions of Section 23.47A.016.

H. Surface Parking.

1. Pedestrian access through surface parking areas. Where a pedestrian entrance to one or more general sales and service or major durables retail sales uses greater in the aggregate than 30,000 square feet is oriented to a parking lot, a 5-foot-wide pedestrian walkway through the parking lot to the pedestrian entrance shall be provided for each 50 spaces of parking provided.

2. Surface parking separating the building from the street. Where a pedestrian entrance to one or more general sales and service or major durables retail sales uses greater in the aggregate than 30,000 square feet is oriented to a surface parking area separating a building from a street, at least one 5-foot-wide pedestrian walkway from the street to the pedestrian entrance shall be provided.

(Ord. 123649, § 23, 2011; Ord. 123047, § 1, 2009; Ord. 122935, § 11, 2009; Ord. 122816, § 4, 2008; Ord. 122311, § 44, 2006)

23.47A.033 Transportation concurrency level-of-service standards.

Proposed uses in NC zones or C zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

(Ord. 122311, § 44, 2006)

23.47A.035 Assisted living facilities development standards

A. Assisted living facilities are subject to the development standards of the zone in which they are located except that the amenity area requirements of Section 23.47A.024 do not apply.

B. Other Requirements.

1. Minimum Unit Size. Assisted living units must be designed to meet the minimum square footage required by WAC 388-110-140.

2. Facility Kitchen. A kitchen that serves the entire assisted living facility must be provided on-site.

3. Communal Area. Communal areas (e.g., solariums, decks and porches, recreation rooms, dining rooms, living rooms, foyers and lobbies that are provided with comfortable seating, and gardens or other outdoor landscaped areas that are accessible to wheelchairs and walkers) with sufficient accommodations for socialization and meeting with friends and family must be provided.

a. The total amount of communal area must equal at least ten (10) percent of the total floor area in assisted living units. In calculating the total floor area in assisted living units, all of the area of each of the individual units is counted, including counters, closets and built-ins, but excluding the bathroom;

b. No service areas, including, but not limited to, the facility kitchen, laundry, hallways and corridors, supply closets, operations and maintenance areas, staff areas and offices, and rooms used only for counseling or medical services, may be counted toward the communal area requirement; and

c. A minimum of four hundred (400) square feet of the required communal area must be provided outdoors, with no dimension less than ten (10) feet.

(Ord. 123495, § 52, 2011; Ord. 122311, § 44, 2006)

23.47A.036 Transitional encampments accessory use

Transitional encampments accessory to religious facilities or to principal uses located on property owned or controlled by a religious organization are regulated by Section 23.42.054, Transitional Encampments Accessory to Religious Facilities.

(Ord. 123729, § 5, 2011.)

23.47A.037 Keeping of animals.

The keeping of animals is regulated by Section 23.42.052, Keeping of Animals.

(Ord. 122311, § 44, 2006)

23.47A.038 Home occupations.

Home occupations are regulated by Section 23.42.050, Home Occupations.

(Ord. 122311, § 44, 2006)

23.47A.039 Provisions for pet daycare centers.

In addition to the development standards of the zone, pet daycare centers are subject to the following:

A. Operating business establishments that have been providing pet daycare services as of July 31, 2006 may continue not withstanding nonconformities to applicable development standards, provided the provisions of this section are met.

B. The pet daycare center must be permitted by Public Health- Seattle & King County, as required by SMC 10.72.020.

C. Facilities for the boarding of animals may occupy no more than thirty (30) percent of the gross floor area of the pet daycare center.

D. Required loading pursuant to 23.54.015 may be provided in a public right of way if the applicant can demonstrate to the Director, in consultation with the Seattle transportation Department, that pedestrian circulation or vehicle traffic will not be significantly impacted.

E. Applicants must submit at the time of permit application, written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures, which are to be followed for the life of the business, must address the identification and correction of animal behavior that impacts surrounding uses, including excessive barking.

F. Violations of this Section.

1. Any violation in a pet daycare center of SMC 25.08.500, Public disturbance noises, shall be a violation of this title.

2. When a notice of violation is issued for animal noise, the Director may require a report from an acoustical consultant to describe measures to be taken by the applicant to mitigate adverse noise impacts. The Director may require measures, including but not limited to: development or modification of operating procedures; cessation of the use of outdoor area(s); closure of windows and doors; reduction in hours of operation; use of sound attenuating construction or building materials such as insulation and noise baffles.

(Ord. 122311, § 44, 2006)

Chapter 23.48
SEATTLE MIXED

Sections:

23.48.002 Scope of provisions

Subchapter I Uses Provisions

23.48.004 Permitted uses.

23.48.006 Prohibited uses.

23.48.008 Conditional uses.

Subchapter II Development Standards

23.48.010 General structure height

23.48.011 Affordable Housing Incentive Program.

23.48.012 Upper-level setback requirements.

23.48.014 General facade requirements.

23.48.016 Standards applicable to specific areas

23.48.017 Additional height in certain SM-zoned areas in the South Lake Union Urban Center

23.48.018 Transparency and blank facade requirements.

23.48.019 Street-level uses.

23.48.020 Amenity area

23.48.024 Screening and landscaping standards

23.48.026 Noise standards.

23.48.028 Odor standards.

23.48.030 Light and glare.

23.48.032 Required parking and loading.

23.48.034 Parking and loading location, access and curbcuts

23.48.035 Assisted living facilities use and development standards.

23.48.036 Pet Daycare Centers

Subchapter III Nonconforming Uses and Structures

23.48.038 Relocating landmark structures.

23.48.002 Scope of provisions

A. This chapter identifies uses that are or may be permitted in Seattle Mixed (SM) zones and establishes development standards. The SM zone boundaries are shown on the Official Land Use Map. The "D" suffix with a height limit range may be applied to SM-zoned land in the West Dravus area.

B. Other regulations, such as requirements for streets, alleys and easements (Chapter 23.53); standards for parking quantity, access and design (Chapter 23.54); standards for solid waste storage (Chapter 23.54); signs (Chapter 23.55); and methods for measurements (Chapter 23.86) may apply to development proposals. Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this chapter and additional regulations in Chapter 23.57.

(Ord. 123495, § 53, 2011; Ord. 122835, § 1, 2008; Ord. 121782 § 13, 2005; Ord. 120928 § 15, 2002; Ord. 119239 § 21, 1998; Ord. 118302 § 9 (part), 1996.)

Subchapter I
Use Provisions

23.48.004 Permitted uses.

A. All uses are permitted outright, either as principal or accessory uses, except those specifically prohibited by Section 23.48.006 and those permitted only as conditional uses by Section 23.48.008.

B. Adult cabarets must comply with the requirements of 23.47A.004 H.

(Ord. 122411, § 4, 2007; Ord. 118302 § 9 (part), 1996.)

23.48.006 Prohibited uses.

The following uses are prohibited as both principal and accessory uses, except as otherwise noted:

A. All high-impact uses;

B. All heavy manufacturing uses;

C. General manufacturing uses greater than twenty-five thousand (25,000) square feet of gross floor area for an individual business establishment;

D. Drive-in businesses, except gas stations;

E. Jails;

F. Adult motion picture theaters and adult panorams;

G. Outdoor storage, except for outdoor storage associated with florists and horticulture uses;

H. Principal use surface parking;

I. Animal shelters and kennels;

J. Animal husbandry;

K. Park and pool lots;

L. Park and ride lots;

M. Work release centers;

N. Recycling;

O. Solid waste management; and

P. Mobile home parks.

(Ord. 122311, § 45, 2006; Ord. 118302 § 9 (part), 1996.)

23.48.008 Conditional uses.

A. All conditional uses shall be subject to the procedures described in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, and shall meet the following criteria:

1. The use shall not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse impacts may be avoided or mitigated by imposing requirements or conditions. The Director shall deny or recommend denial of a conditional use if it is determined that the negative impacts cannot be mitigated satisfactorily.

B. The following uses may be permitted by the Director as administrative conditional uses when the provisions of this subsection and subsection A are met:

1. Mini-warehouses and Warehouses. The Director may authorize mini-warehouses or warehouses if:

a. The street level portion of a mini-warehouse or warehouse only fronts on an east/west oriented street, or an alley; and

b. Vehicular entrances, including those for loading operations, will not disrupt traffic or transit routes; and

c. The traffic generated will not disrupt the pedestrian character of an area by significantly increasing the potential for pedestrian-vehicle conflicts.

C. Any authorized conditional use which has been discontinued shall not be reestablished or recommended except pursuant to a new conditional use permit. The following shall constitute conclusive evidence that the conditional use has been discontinued:

1. A permit to change the use of the property has been issued and the new use has been established; or

2. The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months.

(Ord. 121782 § 14, 2005; Ord. 121145 § 8, 2003; Ord. 118302 § 9 (part), 1996.)

Subchapter II
Development Standards

23.48.010 General structure height

A. Maximum Height. Maximum structure height is 40 feet, 55 feet, 65 feet, 75 feet, 85 feet, or 125 feet as designated on the Official Land Use Map, Chapter 23.32, except as provided in this Section 23.48.010, in Section 23.48.016, or in Section 23.48.017.

B. Within the South Lake Union Urban Center, the maximum structure height in zones with 65 foot and 75 foot height limits may be increased to 85 feet; and the maximum structure height in zones with an 85 foot height limit may be increased to 105 feet, when:

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

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

3. The additional height permitted does not allow more than six floors in zones with a 65 foot height limit, or more than seven floors in zones with a 75 foot or 85 foot height limit; and

4. The height limit provisions of Section 23.48.016.A.1.b, Standards applicable to specific areas, are satisfied.

C. Additional Height Permitted. Within the area bounded by Valley and Mercer Streets and Westlake and Fairview Avenues North, maximum structure height may be increased from forty (40) feet to sixty-five (65) feet as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. In order to grant the special exception, the Director must find:

1. The lot is not located within the shoreline district. However, if a lot is located partially within the shoreline district, those portions of that lot which are not in the shoreline district may be eligible for the special exception.

2. In order to reduce potential height, bulk and scale and view impacts, enhance pedestrian connections across Valley and Mercer Streets, and provide greater opportunities for public open space:

a. A minimum of twenty (20) percent of the total development area must be provided as useable open space at street level. The useable open space must be directly accessible to the public during the hours of operation of South Lake Union Park, and no occupied portion of the structure may extend into the required useable open space.

(1) If the Director determines that greater public benefit will result, a portion of the required useable open space may be located above street level, provided:

i. A minimum of twenty-five (25) percent of the total development area is provided as useable open space;

ii. The useable open space is directly accessible to the public during the hours of operation of South Lake Union Park, and no occupied portion of the structure may extend into the required useable open space;

iii. The useable open space enhances visual and physical pedestrian connection(s) between South Lake Union Park and the development area; and

iv. The required useable open space is provided at heights less than forty (40) feet, measured from existing or finished grade, whichever is lower.

(2) If the Director determines that greater public benefit will result, a portion of the required useable open space may be located below street level, provided:

i. A minimum of twenty-five (25) percent of the total development area is provided as useable open space;

ii. The useable open space is directly accessible to the public during the hours of operation of South Lake Union Park, and no occupied portion of the structure may extend into the required useable open space;

iii. The useable open space enhances the pedestrian connection(s) between South Lake Union Park and the development area;

iv. The useable open space provides visual and physical connections from street level to the useable open space. Required useable open space allows for ease of access to pedestrians from street level and may include streetscape elements such as semitransparent fencing and low-level vegetation; and

v. The design and siting of the required useable open space provides adequate light and air exposure and encourages lively pedestrian activity.

vi. When useable open space is provided below street level, the height of facades that abut the open space shall be measured from existing grade.

b. All portions of a structure that exceed forty (40) feet in height are limited to a maximum lot coverage of sixty-four (64) percent. In addition, portions of a structure above forty (40) feet in height must be located at least fifteen (15) feet from the street property line along Valley Street and Westlake, Terry, Boren, and Fairview Avenues North.

c. Departures from development standards may be granted pursuant to Chapter 23.41. Part I, Design Review, except for open space quantity or upper level lot coverage requirements in this section.

3. For buildings constructed under permits applied for after February 21, 2001, all uses at street level, except for parking, must have a minimum floor to floor height of thirteen (13) feet. Along Terry Avenue North between Valley and Mercer Streets and along Valley Street between Westlake and Boren Avenues North, the following apply:

a. A minimum of eighty (80) percent of a structure's street front facade at street level must be occupied by uses other than parking. For purposes of calculating the eighty (80) percent, twenty-two (22) feet for the width of a driveway to access parking may be subtracted from the length of the street front facade if the Director determines that access to parking from Valley Street or Terry Avenue North is the best opportunity to avoid traffic problems or pedestrian conflicts.

b. A minimum depth of thirty (30) feet from the street front facade of the structure must be occupied by uses other than parking. The minimum required depth may be averaged, with no depth less than fifteen (15) feet.

c. If the street front facade and depth requirements result in a space greater than fifty (50) percent of the structure's footprint, the Director may modify the street front facade and depth requirements to reduce the space to fifty (50) percent of the structure's footprint.

D. Additional Height Permitted. In zones with a 65 foot height limit, additional height may be permitted pursuant to Section 23.48.017.

E. Pitched Roofs. The ridge of pitched roofs with a minimum slope of six to twelve may extend 10 feet above the height limit. The ridge of pitched roofs with a minimum slope of 4 to 12 may extend 5 feet above the height limit (Exhibit 23.48.010 A). No portion of a shed roof shall be permitted to extend beyond the height limit under this provision. {/PICK;23-48-010;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-010.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.48.010A\.

F. Rooftop Features

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

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

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

4. The following rooftop features may extend up to 15 feet above the maximum height limit, so long as the combined total coverage of all features listed in this subsection 23.48.010.F.4 does not exceed 20 percent of the roof area, or 25 percent of the roof area if the total includes stair or elevator penthouses or screened mechanical equipment:

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment;

d. Atriums, greenhouses, and solariums;

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

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

5. Greenhouses that are dedicated to food production are permitted to extend 15 feet above the applicable height limit, as long as the combined total coverage of all features gaining additional height listed in this subsection 23.48.010.F does not exceed 50 percent of the roof area.

6. At the applicant's option, the combined total coverage of all features listed in subsections 23.48.010.F.4 and 23.48.010.F.5 above may be increased to 65 percent of the roof area, provided that all of the following are satisfied:

a. All mechanical equipment is screened; and

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

7. In order to protect solar access for property to the north, the applicant shall either locate the rooftop features listed in this subsection 23.48.010.F.7 at least 10 feet from the north edge of the roof, or provide shadow diagrams to demonstrate that the proposed location of such rooftop features would shade property to the north on January 21st at noon no more than would a structure built to maximum permitted bulk:

a. Solar collectors;

b. Planters;

c. Clerestories;

d. Atriums, greenhouses and solariums;

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

f. Nonfirewall parapets;

g. Play equipment.

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

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

(Ord. 123649, § 24, 2011; Ord. 123378, § 19, 2010; Ord. 123215, § 2, 2010; Ord. 122835, § 2, 2008; Ord. 121782 § 15, 2005; Ord. 121359 § 3, 2003; Ord. 120928 § 16, 2002; Ord. 120117 § 26, 2000; Ord. 118302 § 9 (part), 1996.)

23.48.011 Affordable Housing Incentive Program.

A. Additional Height Conditioned on Low-income Housing. In the SM/D/40-85 zone additional building height may be obtained for mixed-use projects and single-purpose residential projects if the applicant provides low-income housing, or makes a payment in lieu thereof, under the terms of this section.

B. Finding; Definitions.

1. Pursuant to the authority of RCW 36.70A.540, the City finds that the higher income levels specified in this subsection B, rather than those stated in RCW 36.70A.540, are needed to address local housing market conditions in each of the areas and zones to which this section applies.

2. For purposes of this section, the following definitions apply:

a. "Affordable unit" means a unit of low-income housing provided as a condition to bonus development.

b. "Base height limit" means 40 feet above the "Grade Plane", as defined in Section 502 of the Seattle Building Code.

c. "Bonus development" means floor area allowed in stories wholly or in part above the base height limit on condition that low-income housing be provided, or that a payment in lieu thereof be made, under this section.

d. "Certificate of occupancy" means the first certificate of occupancy issued by the City for a project, whether temporary or permanent, unless otherwise specified.

e. In the case of rental units, "low-income housing" means housing affordable to and occupied by households with incomes no higher than the lesser of (1) eighty percent of median income, defined as annual median family income for the statistical area or division thereof including Seattle for which median family income is published from time to time by the U.S. Department of Housing and Urban Development, with adjustments according to household size in a manner determined by the Director of the Office of Housing, or (2) the maximum level permitted by RCW 36.70A.540 as in effect when the agreement for the units to serve as affordable units is executed, and "low-income household" means such a household.

f. In the case of owner occupancy housing units, "low-income housing" means housing affordable to and occupied by households with incomes no higher than the lesser of (1) median income, defined as annual median family income for the statistical area or division thereof including Seattle for which median family income is published from time to time by the U.S. Department of Housing and Urban Development, with adjustments according to household size in a manner determined by the Director of the Office of Housing, or (2) the maximum level permitted by RCW 36.70A.540 as in effect when the agreement for the units to serve as affordable units is executed, and "low-income household" means such a household.

C. Bonus Options. Bonus development may be allowed when low-income housing is developed (the "performance option") or when the applicant makes a payment to the City in lieu of providing low-income housing (the "payment option"), or when a combination of the performance and payment options is used, in accordance with this section.

1. Performance option.

a. The applicant shall provide low-income housing with a floor area equal to the greater of (i) 17.5 percent of 80 percent of the gross residential floor area of all stories on the lot that are wholly or in part above the base height limit, or (ii) 700 square feet.

b. Each affordable unit shall serve only low-income households for a minimum period of 50 years. For rental housing, rent shall be limited so that housing costs, including rent and basic utilities, shall not exceed 30 percent of the applicable income limit for the unit under this section, all as determined by the Housing Director, for a minimum period of 50 years. For owner-occupied housing, the initial sale price shall not exceed an amount determined by the Housing Director to be consistent with affordable housing for a low-income household with the average family size expected to occupy the unit based on the number of bedrooms, and the units shall be subject to recorded instruments satisfactory to the Housing Director providing for sales prices on any resale consistent with affordability on the same basis for at least 50 years. The Housing Director may promulgate rules specifying the method of determining affordability, including eligible monthly housing costs. The Housing Director may also promulgate rules for determining whether units satisfy the requirements of this section and any requirements relating to down-payment amount, design, quality, maintenance and condition of the low-income housing.

c. Affordable units each shall include at least 350 net square feet, and they shall be provided in a range of sizes consistent with RCW 36.70A.540. The affordable units shall comply with all other requirements of RCW 36.70A.540, as in effect on the date as of which the provisions of this title apply to the application for a use permit for the project using the bonus development. Affordable units that are developed as part of the project using bonus development shall be completed and ready for occupancy at or before the time when a certificate of occupancy is issued for any other units in that project, and as a condition to any right of the applicant to such a certificate of occupancy. The Housing Director may provide, by rule promulgated after the effective date of this ordinance, for terms and conditions on which an extension of time may be allowed due to delays that the applicant could not reasonably have avoided.

d. If the affordable units are not being developed within the project using the bonus development:

(i) The applicant must ensure that a certificate of occupancy for the affordable units is issued before or within two years after the date that the first building permit, other than for grading and shoring, is issued for the project using the bonus development, or such later date as the Housing Director may approve based on delays that the applicant or housing developer could not reasonably have avoided and conditioned on the security provided under subsection C1d(ii) of this section being extended and increased as may be necessary. To the extent the City receives payment through a letter of credit or other security in an amount determined under subsection C1d(ii) of this section, the obligation of the applicant to provide affordable units will be deemed satisfied.

(ii) The applicant shall provide to the City an irrevocable letter of credit, or other sufficient security approved by the Housing Director, prior to and as a condition of issuance of the first building permit, other than for grading and shoring, for the project using the bonus development, unless completion of the affordable units has already been documented to the satisfaction of the Housing Director and the affordable units are subject to recorded restrictions satisfactory to the Housing Director. The letter of credit or other security shall be in an amount and on terms so that at the end of the period specified in subsection C1d(i) of this section, or on any earlier date thirty (30) days before the letter of credit or other security will expire, if the housing does not qualify or is not provided in a sufficient amount to satisfy the terms of this section, the City shall receive a cash payment for housing in the amount determined pursuant to subsection C2 of this section, after credit for any affordable units then provided and accepted by the Housing Director, plus an amount equal to interest on such payment, at the rate equal to the prime rate quoted by Bank of America or its successor at the time the letter of credit or other security is provided, plus three percent per annum, from the date of issuance of the first building permit, other than for excavation and shoring, for the project using the bonus development. If and when the City becomes entitled to realize on any such security, the Housing Director shall take appropriate steps to do so, and the amounts realized, net of any costs to the City, shall be used in the same manner as cash payments for housing made under this section.

e. No subsidies for bonused housing; Exception.

(i) The Housing Director may require, as a condition of any bonus development under the performance option, that the owner of the lot upon which the affordable units are located agree not to seek or accept any subsidies, including without limitation those items referred to in subsection C1e(ii) of this section, related to housing. For the purpose of this subsection C1e, the qualification for and use of property tax exemptions pursuant to Chapter 5.73 SMC, or any other program implemented pursuant to Chapter 84.14 RCW, does not constitute a subsidy.

(ii) In general, and except as may be otherwise required by applicable federal or state law, no bonus development may be earned by providing housing if:

(a) Any person is receiving or will receive with respect to the housing any charitable contributions or public subsidies for housing development or operation, including, but not limited to, tax exempt bond financing, tax credits, federal loans or grants, City of Seattle housing loans or grants, county housing funds, or State of Washington housing funds; or

(b) The housing is or would be, independent of the requirements for the bonus development, subject to any restrictions on the income of occupants, rents or sale prices.

(iii) The Housing Director may allow the building or buildings in which the affordable units are located to be financed in part with subsidies based on the determination that (1) the public benefit of the affordable housing net of any subsidies, as measured through an economic analysis, exceeds the amount of the payment-in-lieu that would otherwise be paid; and (2) the subsidies being allowed would not be sufficient to leverage private funds for production of the affordable housing, under restrictions as required for the performance option, without additional City subsidy in an amount greater than the payment-in-lieu amount that would otherwise be paid.

f. If the Housing Director certifies to the Director that either

(i) the applicant has provided the City with a letter of credit or other sufficient security pursuant to subsection C1d(ii) of this section; or

(ii) there have been recorded one or more agreements or instruments satisfactory to the Housing Director providing for occupancy and affordability restrictions on affordable units with the minimum floor area determined under this section, all affordable units have been completed, and the affordable units are on a different lot from the bonus development or are in one or more condominium units separate from the bonus development under condominium documents acceptable to the Housing Director,

then any failure of the affordable units to satisfy the requirements of this subsection C shall not affect the right to maintain or occupy the bonus development. Unless and until the Housing Director shall certify as set forth in subsections C1f(i) or C1f(ii) of this section, it shall be a continuing permit condition, whether or not expressly stated, for each project obtaining bonus development based on the provision of housing under this subsection, that the affordable units shall be maintained in compliance with the terms of this section, as documented to the satisfaction of the Housing Director. The Housing Director may provide by rule for circumstances in which affordable units may be replaced if lost due to casualty or other causes, and for terms and conditions upon which a cash payment may be made in lieu of continuing to provide affordable units under the terms of this subsection C1.

g. The Housing Director is authorized to accept and execute agreements and instruments to implement this section. Issuance of the certificate of occupancy for the project using the bonus development may be conditioned on such agreements and instruments.

h. The housing owner, in the case of rental housing, shall provide annual reports and pay an annual monitoring fee to the Office of Housing of $65 for each affordable unit. In the case of affordable units for owner-occupancy, the recorded resale restrictions shall include a provision requiring payment to the City, on any sale or other transfer, of a fee of $500 for the review and processing of documents to determine compliance with income and affordability restrictions.

2. Payment option.

a. In lieu of all or part of the performance option, an applicant may pay to the City $18.94 per net square foot in stories wholly or in part above the base height limit. The amount of net square feet in a story is computed by multiplying the gross residential floor area in the story by an efficiency factor of 80 percent.

b. The Housing Director shall use cash payments and any earnings thereon to support the development of low-income housing in any manner now or hereafter permitted by RCW 36.70A.540, which may include support provided through loans or grants to public or private owners or developers of housing and through loans or grants to low-income households for home purchases, and the City's costs to administer projects, not to exceed 10% of payments made to the City.

c. Cash payments shall be made prior to issuance, and as a condition to issuance, of any building permit after the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued, unless the applicant elects in writing to defer payment. If the applicant elects to defer payment, then the issuance of any certificate of occupancy for the project shall be conditioned upon payment of the full amount of the cash payment determined under this section, plus an interest factor equal to that amount multiplied by the increase, if any, in the Consumer Price Index, All Urban Consumers, West Region, All Items, 1982-84=100, as published monthly, from the last month prior to the date when payment would have been required if deferred payment had not been elected, to the last month for which data are available at the time of payment. If the index specified in this subsection is not available for any reason, the Director shall select a substitute cost of living index. In no case shall the interest factor be less than zero.

3. The Director and the Housing Director are authorized jointly to adopt rules to interpret and implement the provisions of this subsection C, in addition to rules that may be adopted by the Housing Director independently as authorized in this section.

4. Nothing in this section shall be construed to confer on any owner or developer of housing any development rights or property interests. Because the availability and terms of the allowance of bonus development depend on the regulations in effect at the relevant time for the project proposing to use such bonus development, pursuant to SMC 23.76.026, any approvals or agreements by the Housing Director regarding the eligibility of actual or proposed housing as to satisfy conditions for bonus development do not grant any vested rights, nor guarantee that any bonus development will be permitted based on such housing.

(Ord. 122882, § 2, 2008; Ord. 122835, § 3, 2008.)

23.48.012 Upper-level setback requirements.

A. Upper-level Setbacks are required where shown on Map A, Upper-level setbacks, and as required in this Section.

1. Structures on lots in the SM/65', SM/75' and SM/85' zones must provide an upper-level setback for the facade facing applicable streets or parks, for any portion of the structure greater than forty-five (45) feet in height.

2. Structures on lots abutting an alley in the SM/R designated area shall provide an upper-level setback for the facade facing an alley, for any portion of the structure greater than twenty-five (25) feet in height.

3. Structures on lots in the SM/125 zone, must provide an upper level setback for the facade facing applicable streets or parks, for any portion of the structure greater than seventy-five (75) feet in height.

  {/PICK;23-48-012;full;comptd;block;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-012.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

B. Upper-level setbacks shall be provided as follows: Any portion of the structure shall be set back at least one (1) foot for every two (2) feet of height above twenty-five (25) feet, forty-five (45) feet, or seventy-five (75) feet whichever is applicable pursuant to subsection A of this section, up to a maximum required setback of fifteen (15) feet (Exhibit 23.48.012 A). {/PICK;23-48-012-1;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-012-1.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

  {/PICK;23-48-012-3;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-012-3.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

C. Structures in Required Upper-level Setbacks. The first four (4) feet of horizontal projection of decks, balconies with open railings, eaves, cornices, and gutters shall be permitted in required setbacks (Exhibit 23.48.012 B). {/PICK;23-48-012-4;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-012-4.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 121782 § 16, 2005; Ord. 118302 § 9 (part), 1996.)

23.48.014 General facade requirements.

A. A primary building entrance shall be required from the street or street-oriented courtyards and shall be no more than three (3) feet above or below the sidewalk grade.

B. Minimum Facade Height. Minimum facade heights shall not apply when all portions of the structure are lower than the elevation of the required minimum facade height listed below.

1. On Class 1 Pedestrian Streets, as shown on Map B, Pedestrian Street Classifications, located at the end of this Chapter, all facades shall have a minimum height of forty-five (45) feet.

2. On Class 2 Pedestrian Streets, as shown on Map B, all facades shall have a minimum height of twenty-five (25) feet.

3. On all other streets, all facades shall have a minimum height of fifteen (15) feet.

C. All facades on Class 1 Pedestrian Streets, as shown on Map B, shall be built to the street property line along a minimum of seventy (70) percent of the facade length (Exhibit 23.48.014 A). {/PICK;23-48-014-1;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-014-1.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

D. Street-level Setback. Except on Class 1 Pedestrian Streets, as shown on Map B, structures may be set back up to twelve (12) feet from the property line subject to the following (Exhibit 23.48.014 B):

1. The setback area shall be landscaped according to the provisions of Section 23.48.024.

2. Additional setbacks shall be permitted for up to thirty (30) percent of the length of the set-back street wall, provided that the additional setback is located a distance of twenty (20) feet or greater from any street corner. {/PICK;23-48-014-2;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-014-2.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 121782 § 17, 2005; Ord. 120117 § 27, 2000; Ord. 119239 § 22, 1998; Ord. 118302 § 9 (part), 1996.)

23.48.016 Standards applicable to specific areas

A. Seattle Mixed/Residential (SM/R).

1. Height Limit.

a. New single purpose nonresidential structures shall have a height limit of fifty-five (55) feet.

b. Single purpose residential structures and mixed-use structures with sixty (60) percent or more of the structure's gross floor area in residential use are permitted to a height of seventy-five (75) feet.

2. Scale of Development.

a. Single purpose, nonresidential development, except hotels with one hundred (100) rooms/suites or fewer, is limited to a lot area of twenty-one thousand six hundred (21,600) square feet or less.

b. Development on lots with areas greater than twenty-one thousand six hundred (21,600) square feet must include residential use in an amount of gross floor area equal to sixty (60) percent or more of the gross floor area in nonresidential use, except schools, elementary and secondary, and hotels with one hundred (100) rooms/suites or fewer.

c. Two (2) lots of up to twenty-one thousand six hundred (21,600) square feet each, separated by an alley and connected above grade by a skybridge or other similar means shall be considered two (2) separate lots for the purposes of this subsection A2. Such a connection above grade, across the alley may be allowed pursuant to the Council's approval of an aerial alley vacation or temporary use permit process.

d. Single purpose nonresidential structures on adjacent lots not separated by an alley, subject to this subsection, may not be internally connected.

3. Nonresidential uses existing prior to November 6, 1996 and that do not meet the requirements of this section shall be allowed to expand by an amount of gross floor area not to exceed twenty (20) percent of the existing gross floor area without meeting the requirements of this section. This provision may only be used once for an individual use.

4. Single purpose nonresidential exception. A single purpose, nonresidential structure may be permitted where a single purpose residential or mixed use structure would otherwise be required, subject to the following:

a. The proposal is comprised of two (2) or more lots within the same SM/R designated area; and

b. The amount of gross floor area in residential use in the structures on both lots is equal to at least sixty (60) percent of the total gross floor area of the total combined development on the lots included in the proposal; and

c. The nonresidential structure is subject to design review to ensure compatibility with the residential character of the surrounding area; and

d. The proposal meets one or more of the following:

(1) The project includes the rehabilitation of a landmark structure or incorporates structures or elements of structures of architectural or historical significance as identified in an adopted neighborhood plan or design guidelines, or

(2) The project includes general sales and service uses, eating and drinking establishments, major durables retail sales uses, entertainment uses, human service uses or child care centers at the street level in an amount equal to fifty (50) percent of the structure's footprint, or

(3) The lot accommodating the required residential use contributes: a minimum of ten (10) percent of all new housing units in the proposal to the supply of low income housing for a period of at least twenty (20) years, or a minimum of ten (10) percent of all new housing units in the proposal to be provided as townhouses.

B. Floor Area Ratios. In SM/85 and SM/125 zones, the following floor area ratios (FARs) apply:

1. In SM/85 zones, a FAR of four and one half (4.5) is the maximum chargeable floor area permitted.

2. In SM/125 zones, a FAR of five (5) is the maximum chargeable floor area permitted in structures greater than seventy-five (75) feet in height.

3. The following areas are exempt from FAR calculations:

a. All gross floor area below grade;

b. All gross floor area used for accessory parking located above grade.

c. All gross floor area in residential use.

4. Up to three and one-half (3 1/2) percent of the gross floor area of a structure shall not be counted in floor area calculations as an allowance for mechanical equipment. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection B3 has been deducted.

5. Within the South Lake Union Urban Center, gross floor area occupied by mechanical equipment, up to a maximum of fifteen (15) percent, is exempt from floor area calculations. The allowance is calculated on the gross floor area of the structure after all exempt space permitted under subsection B3 has been deducted. Subsection B4 does not apply. Mechanical equipment located on the roof of a structure is not calculated as part of the total gross floor area of a structure.

6. To the extent provided in Section 23.50.053, the transfer of TDR from a lot reduces the limits on chargeable floor area set forth in this Section. On a lot in an SM/125 zone from which TDR is transferred, the FAR limit in this Section, as so reduced, applies regardless of the height of any structure.

C. Seattle Mixed/D/40-85.

1. Base Height Limit. Structures in the SM/D/40-85 zone are subject to a height limit of 40 feet, except as otherwise provided in this subsection 23.48.016.C.

2. Additional Height for Certain Structures with Only Residential Uses Above 40 Feet. A structure in the SM/D/40-85 zone that has only residential uses above a height of 40 feet has a maximum height limit of 85 feet if the applicant satisfies the conditions to bonus development under Section 23.48.011.

3. Building Setbacks on W. Dravus Street. The portion of any structure above 45 feet in height shall be set back at least 50 feet from W. Dravus Street, except as provided in subsections 23.48.016.C.4 and C.5.

4. Projections Allowed in Setback. If a setback is required under subsection 23.48.016.C.3, the first 4 feet of horizontal projection of decks, balconies with open railings, eaves, cornices, and gutters is permitted in the required setback.

5. Exceptions and Rooftop Features. Height in addition to the limit applicable under subsection 23.48.016.C.1 or C.2, and in addition to the limit applicable in a required setback area under subsection 23.48.016.C.3, is allowed for pitched roofs and certain rooftop features as set forth in subsections 23.48.010.E and 23.48.010.F.

(Ord. 123649, § 25, 2011; Ord. 122882, § 3, 2008; Ord. 122835, § 4, 2008; Ord. 122611, § 2, 2007; Ord. 122311, § 46, 2006; Ord. 121782 § 18, 2005; Ord. 121196 § 12, 2003; Ord. 118302 § 9 (part), 1996.)

Editor's note: Ordinance 118302 was signed by the Mayor on October 7, 1996 and became effective November 7, 1996.

23.48.017 Additional height in certain SM-zoned areas in the South Lake Union Urban Center

A. Applicability and General Provisions. Structures designed for research and development laboratory use and administrative office associated with research and development laboratories, shall have a maximum height of 120 feet, provided the project complies with all the requirements of this Section 23.48.017. In order for buildings located on a block subject to this Section 23.48.017 to qualify for the height allowed in this subsection 23.48.017.A, at least one complete MUP application for a structure on the same block that uses the additional height allowed in this subsection 23.48.017.A must be filed within nine months of the effective date of this ordinance.

B. Location. A structure may be developed above a height of 65 feet as provided for in subsection 23.48.017.A provided that the structure is located on a block that: is designated SM-65, is bounded by arterial-designated streets on at least two sides, is greater than 60,000 square feet in size and does not exceed 100,000 square feet in size, and is not bisected by an alley or other public right-of-way.

C. Street-level uses. Structures with a street-facing façade along 8th Avenue or a designated green street shall have a minimum of ten percent of that street-facing facade occupied by general sales and service uses, eating and drinking establishments, or entertainment uses.

D. Maximum FAR and number of floors. The maximum FAR permitted is five. The maximum number of floors permitted above grade is eight. The following areas are exempt from FAR calculations:

1. All gross floor area below grade;

2. Floor areas occupied by mechanical equipment as provided for in subsection 23.48.016.B.5; and

3. All gross floor area at ground level that is a general sales and service or eating and drinking establishment use.

E. LEED Requirement. The applicant will strive to achieve a LEED Gold rating or better and at a minimum earn a LEED Silver rating or meet a substantially equivalent standard, and shall demonstrate compliance with that commitment, all in accordance with the provisions of Section 23.49.020.

F. Parking and Access. In addition to the parking and loading access requirements of Section 23.48.034, parking for each structure is subject to the following standards:

1. Parking is not permitted in floors above street level unless the parking is separated from the street by other uses.

2. Due to physical site conditions such as topographic or geologic conditions, parking is permitted in floors that are partially below street level and partially above street level without being separated from the street by other uses, if:

a. The street front portion of the parking (excluding garage and loading doors and permitted access to parking) that is at or above street level is screened from view at the street level; and

b. The street-facing facade is enhanced by architectural detailing, artwork, landscaping, or similar visual interest features.

G. Screening and Landscaping. Landscaping that achieves a Seattle Green Factor score of .30 or greater, pursuant to the procedures in Section 23.86.019, is required.

H. Open Space. A minimum of 20 percent of the lot area shall be useable open space. The purpose of the open space shall be to allow for public seating, passive recreation, and a mid-block pedestrian connection. For a multi-phase project, the open space requirement and the other requirements in this subsection 23.48.017.H shall be calculated and applied to the total project. The following standards apply to open space required under this subsection 23.48.017.H:

1. The open space shall be open during daylight hours and accessible to the general public, without charge, for a minimum of ten hours per day, except that access may be temporarily limited as required for public safety, security, scheduled events, or maintenance reasons. Members of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others, unless the space is closed to the general public consistent with this subsection 23.48.017.H.1. No parking, storage or other use may be established on or above the surface of the open space except as provided in this subsection 23.48.017.H. Use of the open space by motor vehicles is prohibited. The open space shall be clearly identified with signage placed at a visible location at each street entrance providing access to the open space. The signage shall indicate, in letters legible to passersby, the nature of the open space, its availability for general public access, and directional information as needed.

2. The open space shall contain at least one contiguous area with a minimum of 3,000 square feet and a minimum horizontal dimension of 10 feet.

3. A minimum of 35 percent of the open space shall be landscaped with grass, ground cover, bushes and/or trees.

4. Either permanent or movable seating in an amount equivalent to one lineal foot for every 200 square feet of open space shall be available during hours of public access.

5. The open space shall be located and configured to provide easy access from streets or other abutting public spaces and convenient pedestrian circulation through the open space. The open space shall have a minimum frontage of 30 feet at grade abutting a sidewalk, and be visible from sidewalks on at least one street.

6. The open space shall be provided at ground level, except that some separation of multiple levels may be allowed, provided they are physically and visually connected.

7. Up to 20 percent of the open space may be covered by features accessory to public use of the open space, including: permanent, freestanding structures, such as retail kiosks, pavilions, or pedestrian shelters; structural overhangs; overhead arcades or other forms of overhead weather protection; and any other features approved by the Director that contribute to pedestrian comfort and active use of the space. The following features within the open space area may count as open space: areas for temporary kiosks and pavilions, public art, water features, permanent seating that is not reserved for any commercial use, exterior stairs and mechanical assists that provide access to the open space and are available for public use, and any similar features approved by the Director. Seating or tables, or both, may be provided and reserved for customers of restaurants or other uses abutting the open space, however, the area reserved for customer seating shall not exceed 15 percent of the open space area or 500 square feet, whichever is less.

8. Public art shall be included in the public open space. The artwork may include but need not be limited to water features, or two or three-dimensional works in all media. The artwork shall be clearly visible to people using the open space, and, wherever possible, should be visible from the abutting streets. The property owner is responsible for maintaining all art features for the life of the buildings on the lot.

I. Transportation Management Program. The Master Use Permit application shall include a Transportation Management Program (TMP) consistent with requirements for TMPs in the applicable Director's Rule. The TMP shall be approved by the Director only if, after consulting with the Director of the Seattle Department of Transportation, the Director determines that no more than 40 percent of trips to and from the project will be made using single-occupant vehicles (SOVs).

1. For purposes of measuring attainment of SOV goals contained in the TMP, the number of SOV trips shall be calculated for the p.m. hour in which an applicant expects the largest number of vehicle trips to be made by employees at the site (the p.m. peak hour of the generator).

2. Compliance with this Section 23.48.017 does not affect the responsibility of any employer to comply with Seattle's Commute Trip Reduction (CTR) Ordinance.

J. Energy Management Plan. The Master Use Permit application shall include an energy management plan, approved by the Superintendent of Seattle City Light, containing specific energy conservation or alternative energy generation methods or on-site electrical systems that together can ensure that the existing electrical system can accommodate the projected loads from the project. The Director, after consulting with the Superintendent of Seattle City Light, may condition the approval of the Master Use Permit on the implementation of the energy management plan.

(Ord. 123215, § 2, 2010.)

Editor's note: Ord. 123215, § 3, reads as follows:

Section 23.48.017, which section is added by this Council Bill 116665, expires on December 31, 2018. The Council's intent is that the South Lake Union neighborhood plan implementation process that is currently underway may result in Land Use Code and/or Land Use Map amendments. Future development in the neighborhood would be guided by any new amendments.

23.48.018 Transparency and blank facade requirements.

Facade transparency and blank facade requirements shall apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk (Exhibit 23.48.018 A). {/PICK;23-48-018;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-018.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

A. Facade Transparency Requirements. Transparency requirements apply to all street level facades, except that transparency requirements do not apply to portions of structures in residential use.

1. Transparency shall be required as follows:

a. Class 1 and 2 Pedestrian Streets, shown on Map B, located at the end of this Chapter: A minimum of sixty (60) percent of the width of the street level facade must be transparent.

b. All other streets: A minimum of thirty (30) percent of the width of the street-level facade must be transparent.

c. When the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent, the required amount of transparency shall be reduced to forty-five (45) percent of the width of the street-level facade on Class 1 and 2 Pedestrian Streets, and twenty-two (22) percent of the width of the street-level facade on all other streets.

2. Only clear or lightly tinted glass in windows, doors, and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

B. Blank Facade Limits.

1. Any portion of the facade which is not transparent shall be considered to be a blank facade.

2. Blank Facade Limits for Class 1 and 2 Pedestrian Streets.

a. Blank facades shall be limited to segments fifteen (15) feet wide, except for garage doors which may be wider than fifteen (15) feet. Blank facade width may be increased to thirty (30) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or other similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b. Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c. The total of all blank facade segments, including garage doors, shall not exceed forty (40) percent of the street facade of the structure on each street frontage; or fifty-five (55) percent if the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent.

3. Blank Facade Limits for all other streets.

a. Blank facades shall be limited to segments thirty (30) feet wide, except for garage doors which may be wider than thirty (30) feet. Blank facade width may be increased to sixty (60) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or other similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b. Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c. The total of all blank facade segments, including garage doors, shall not exceed seventy (70) percent of the street facade of the structure on each street frontage; or seventy-eight (78) percent if the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent.

4. Blank facade limits shall not apply to portions of structures in residential use.

(Ord. 121782 § 19, 2005; Ord. 118302 § 9 (part), 1996.)

23.48.019 Street-level uses.

One or more of the uses listed in subsection A are required at street level on all lots abutting streets designated as Class 1 Pedestrian Streets shown on Map B, located at the end of this Chapter. Required street-level uses shall meet the standards of this Section.

A. The following uses qualify as required street level uses:

1. General sales and service uses;

2. Eating and drinking establishments;

3. Entertainment uses;

4. Public libraries; and

5. Public parks.

B. A minimum of seventy-five (75) percent of each street frontage at street level where street level uses are required must be occupied by uses listed in subsection A. The remaining twenty-five (25) percent of the street frontage at street level may contain other permitted uses and/or pedestrian or vehicular entrances. The frontage of any exterior outdoor common recreation area required for residential uses, shall not be counted in street frontage.

C. The space occupied by required street level uses must have a minimum floor to floor height of thirteen (13) feet and extend at least thirty (30) feet in depth at street level from the street front facade.

D. Required street level uses must be located within ten (10) feet of the street property line or abut an open space permitted in subsection B.

E. Pedestrian access to required street-level uses shall be provided directly from the street or permitted open space. Pedestrian entrances must be located no more than three (3) feet above or below sidewalk grade or at the same elevation as the abutting permitted open space.

(Ord. 122311, § 47, 2006; Ord. 121782 § 21, 2005.)

23.48.020 Amenity area

A. Quantity of amenity area. All new structures containing more than 20 dwelling units shall provide amenity area on the lot in an amount equivalent to 5 percent of the total gross floor area in residential use.

B. Standards for amenity area.

1. The amenity area shall be available to all residents and may be provided at or above ground level.

2. A maximum of 50 percent of the amenity area may be enclosed. Examples of enclosed amenity area include atriums, greenhouses and solariums.

3. The minimum horizontal dimension for residential amenity area is 15 feet, and no required amenity area shall be less than 225 square feet in size.

[4. Reserved.]

5. The exterior portion of required amenity area shall be landscaped and shall provide solar access and seating according to standards promulgated by the Director.

6. Parking areas, vehicular access easements, and driveways, do not qualify as amenity area, except that a woonerf may provide a maximum of 50 percent of the amenity area if the design of the woonerf is approved through a design review process pursuant to Chapter 23.41.

(Ord. 123495, § 54, 2011; Ord. 121782 § 20, 2005; Ord. 118302 § 9 (part), 1996.)

23.48.024 Screening and landscaping standards

A. The following types of screening and landscaping apply where screening or landscaping is required.

1. Three (3) foot High Screening on Street Property Lines. Three (3) foot high screening may be either:

a. A fence or wall at least three (3) feet in height; or

b. A hedge or landscaped berm at least three (3) feet in height.

2. Landscaping for Setback Areas and Berms. Each setback area or berm required shall be planted with trees, shrubs, and grass or evergreen groundcover. Features such as pedestrian access meeting the Washington State Rules and Regulations for Barrier-Free Design, decorative pavers, sculptures or fountains may cover a maximum of thirty (30) percent of each required landscaped area or berm. Landscaping shall be provided according to standards promulgated by the Director. Landscaping designed to provide treatment for storm water runoff qualifies as required landscaping.

B. Screening for Specific Uses.

1. Gas stations shall provide three (3) foot high screening along lot lines abutting all streets, except within required sight triangles.

2. Surface Parking Areas.

a. Surface Parking Areas Abutting Streets. Surface parking areas shall provide three (3) foot high screening along the lot lines abutting all streets, except within required sight triangles.

b. Surface Parking Areas Abutting Alleys. Surface parking areas shall provide three (3) foot high screening along the lot lines abutting an alley. The Director may reduce or waive the screening requirement for part or all of the lot line abutting the alley when required parking is provided at the rear lot line and the alley is necessary to provide aisle space.

3. Parking in Structures. Parking located at or above street-level in a garage shall be screened according to the following requirements.

a. On Class 1 and 2 Pedestrian Streets, shown on Map B, located at the end of this Chapter, parking is not be permitted at street level unless separated from the street by other uses, provided that garage doors need not be separated. The facade of the separating uses shall be subject to the transparency and blank facade standards in Section 23.48.018.

b. On all other streets, parking shall be permitted at street level when at least thirty (30) percent of the street frontage of the parking area, excluding that portion of the frontage occupied by garage doors, is separated from the street by other uses. The facade of the separating uses shall be subject to the transparency and blank wall standards in Section 23.48.018. The remaining parking shall be screened from view at street level and the street facade shall be enhanced by architectural detailing, artwork, landscaping, or similar visual interest features (Exhibit 23.48.024 A). {/PICK;23-48-024;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-024.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

c. The perimeter of each floor of parking garages above street level shall have an opaque screen at least three and one-half (3 1/2) feet high.

4. Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest. Any fence or free-standing wall for a utility services use must provide either:

a) A 5-foot-deep landscaped area between the wall or fence and the street lot line; or

b) Architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

C. Street Trees.

1. Street trees shall be provided in all planting strips. Existing street trees may count toward meeting the street tree requirement.

2. Exceptions to Street Tree Requirements.

a. Street trees shall not be required when a change of use is the only permit requested.

b. Street trees shall not be required for temporary use permits.

c. Street trees shall not be required when expanding an existing structure by less than one thousand (1,000) square feet. Generally, two (2) street trees shall be required for each additional one thousand (1,000) square feet of expansion. Rounding of fractions, per Section 23.86.002 B, shall not be permitted. The number of street trees shall be controlled by the Seattle Department of Transportation standard.

3. If it is not feasible to plant street trees according to City standards, either a five (5) foot deep landscaped setback shall be required along the street property line or landscaping other than trees may be located in the planting strip according to Department of Engineering standards. The street trees shall be planted in the landscaped area at least two (2) feet from the street lot line if they cannot be placed in the planting strip.

(Ord. 123547, § 5, 2011; Ord. 121782 § 22, 2005; Ord. 121420 § 6, 2004; Ord. 118302 § 9 (part), 1996.)

23.48.026 Noise standards.

All permitted uses are subject to the noise standards of Section 23.47A.018.

(Ord. 122311, § 48, 2006; Ord. 118302 § 9 (part), 1996.)

23.48.028 Odor standards.

All permitted uses are subject to the odor standards of Section 23.47A.020.

(Ord. 122311, § 49, 2006; Ord. 118302 § 9 (part), 1996.)

23.48.030 Light and glare.

All permitted uses are subject to the light and glare standards of Section 23.47A.022.

(Ord. 122311, § 50, 2006; Ord. 118302 § 9 (part), 1996.)

23.48.032 Required parking and loading.

A. Off-street parking spaces may be required according to the requirements of Section 23.54.015, Required parking.

B. Loading berths must be provided pursuant to Section 23.54.035, Loading berth requirements and space standards.

C. Where access to a loading berth is from the alley, and truck loading is parallel to the alley, a setback of twelve (12) feet is required for the loading berth, measured from the centerline of the alley (Exhibit 23.47A.014 D. This setback shall be maintained up to a height of sixteen (16) feet.

(Ord. 122311, § 51, 2006; Ord. 121782 § 24, 2005; Ord. 121476 § 9, 2004; Ord. 121477 § 14, 2004; Ord. 120611 § 9, 2001; Ord. 119715 § 1, 1999: Ord. 118302 § 9 (part), 1996.)

23.48.034 Parking and loading location, access and curbcuts

A. Parking accessory to nonresidential uses may be provided on-site and/or within 800 feet of the lot to which it is accessory, according to the provisions of Section 23.54.025, Parking covenants.

B. Accessory surface parking shall be permitted under the following conditions:

1. All accessory surface parking shall be located at the rear or to the side of the principal structure.

2. The amount of lot area allocated to accessory surface parking shall be limited to 30 percent of the total lot area.

C. Parking and Loading Access. When a lot abuts more than one right-of-way, the location of access for parking and loading shall be determined by the Director, depending on the classification of rights-of-way, as shown on Map B, located at the end of this Chapter, according to the following:

1. Access to parking and loading shall be from the alley when the lot abuts an alley improved to the standards of Section 23.53.030.C and use of the alley for parking and loading access would not create a significant safety hazard as determined by the Director.

2. If the lot fronts on an alley and an east/west-oriented street, parking and loading access may be from the east/west oriented street if the alley is not improved to the standards of Section 23.53.030.C or use of the alley for parking and loading access would create a significant safety hazard as determined by the Director.

3. If the lot does not abut an improved alley, parking and loading access may be permitted from the street. Such access shall be limited to one two-way curbcut. In the event the site is too small to permit one two-way curbcut, two one way curbcuts shall be permitted.

4. The Director shall also determine whether the location of the parking and loading access will expedite the movement of vehicles, facilitate a smooth flow of traffic, avoid the on-street queuing of vehicles, enhance vehicular safety and pedestrian comfort, and will not create a hazard.

5. Curbcut width and number of curbcuts shall satisfy the provisions of Section 23.54.030, Parking space standards, except as modified in this section.

(Ord. 123649, § 26, 2011; Ord. 121782 § 25, 2005; Ord. 118302 § 9(part), 1996.)

23.48.035 Assisted living facilities use and development standards.

A. Assisted living facilities shall be subject to the development standards of the zone in which they are located except as provided below:

1. Density. Density limits do not apply to assisted living facilities; and

2. Open Space. Open space requirements do not apply to assisted living facilities.

B. Other Requirements.

1. Minimum Unit Size. Assisted living units shall be designed to meet the minimum square footage required by WAC 388-110-140.

2. Facility Kitchen. There shall be provided a kitchen on-site which services the entire assisted living facility.

3. Communal Area. Communal areas (e.g., solariums, decks and porches, recreation rooms, dining rooms, living rooms, foyers and lobbies that are provided with comfortable seating, and gardens or other outdoor landscaped areas that are accessible to wheelchairs and walkers) with sufficient accommodations for socialization and meeting with friends and family shall be provided:

a. The total amount of communal area shall, at a minimum, equal twenty (20) percent of the total floor area in assisted living units. In calculating the total floor area in assisted living units, all of the area of each of the individual units shall be counted, including counters, closets and built-ins, but excluding the bathroom;

b. No service areas, including, but not limited to, the facility kitchen, laundry, hallways and corridors, supply closets, operations and maintenance areas, staff areas and offices, and rooms used only for counseling or medical services, shall be counted toward the communal area requirement; and

c. A minimum of four hundred (400) square feet of the required communal area shall be provided outdoors, with no dimension less than ten (10) feet. A departure from the required amount and/or dimension of outdoor communal space may be permitted as part of the design review process, pursuant to Section 23.41.012 A.

(Ord. 119238 § 5, 1998.)

23.48.036 Pet Daycare Centers

In addition to the development standards of the zone, pet daycare centers are subject to the following requirements:

A. Pet daycare centers that were established of record before July 31, 2006, may continue notwithstanding nonconformity with development standards, provided the provisions of this Section 23.48.036 are met.

B. The pet daycare center must be permitted by the Public Health– Seattle & King County, as required by SMC 10.72.020.

C. Facilities for the boarding of animals may occupy no more than 30 percent of the gross floor area of the pet daycare center.

D. Required loading pursuant to 23.54.015 may be provided in a public right of way if the applicant can demonstrate to the Director, in consultation with the Director of Transportation, that pedestrian circulation or vehicle traffic will not be significantly impacted.

E. Applicants must submit at the time of permit application, written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures shall be followed for the life of the business and shall prevent animal behavior that impacts surrounding uses, including excessive barking.

F. Violations of this Section.

1. The exemption in subsection 25.08.500.A of the Noise Control Ordinance to uses permitted under Chapter 10.72, provisions for pet kennels and similar uses, does not apply to pet daycare centers.

2. When a notice of violation is issued for animal noise, the Director may require the pet daycare center to submit a report from an acoustical consultant that describes potential measures to be taken by the pet daycare center to prevent or mitigate noise impacts. The Director may require measures, including but not limited to: development or modification of operating procedures; cessation of the use of outdoor area(s); closure of windows and doors; reduction in hours of operation; and use of sound attenuating construction or building materials such as insulation and noise baffles. The Director may order the pet daycare center to be closed on a temporary or permanent basis.

(Ord. 123668, § 1, 2011; Ord. 123649, § 27, 2011.)

Subchapter III.
Nonconforming Uses and Structures

23.48.038 Relocating landmark structures.

When an historic landmark structure is relocated, any nonconformities with respect to development standards shall transfer with the relocated structure.

(Ord. 120293 § 8, 2001: Ord. 118302 § 9(part), 1996.)

  {/PICK;23-48-038;full;comptd;block;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-48-038.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

Chapter 23.49
DOWNTOWN ZONING

Sections:

Subchapter I General Provisions

23.49.002 Scope of provisions.

23.49.006 Scope of general standards.

23.49.008 Structure height

23.49.009 Street-level use requirements.

23.49.010 General requirements for residential use.

23.49.011 Floor area ratio

23.49.012 Bonus floor area for voluntary agreements for housing and child care.

23.49.013 Bonus floor area for amenities

23.49.014 Transfer of development rights

23.49.015 Bonus residential floor area in DOC1, DOC2 and DMC zones outside South Downtown for voluntary agreements for low-income housing and moderate-income housing

23.49.016 Open space.

23.49.017 Open space TDR site eligibility

23.49.018 Overhead weather protection and lighting.

23.49.019 Parking quantity, location and access requirements, and screening and landscaping of surface parking areas.

23.49.020 Demonstration of LEED Silver rating

23.49.021 Transportation concurrency level-of-service standards.

23.49.022 Minimum sidewalk and alley width.

23.49.023. Extra residential floor area and hotel floor area in South Downtown; transferable development potential (TDP); limits on TDP sending sites

23.49.024 View corridor requirements.

23.49.025 Odor, noise, light/glare, and sold waste recyclable materials storage space standards

23.49.028 Keeping of animals and pet daycare centers.

23.49.029 Utility services uses

23.49.030 Adult Cabarets

23.49.031 Green Factor Landscaping in South Downtown

23.49.032 Additions of chargeable floor area to lots with existing structures.

23.49.034 Modification of plazas and other features bonused under Title 24.

23.49.035 Modified or discontinued public benefit features.

23.49.036 Planned community developments (PCDs).

23.49.038 Lots located in more than one (1) zone.

23.49.040 Termination of discontinued conditional uses.

23.49.041 Combined lot development.

Subchapter II Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial

23.49.042 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial permitted uses.

23.49.044 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial prohibited uses

23.49.045 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial principal and accessory parking.

23.49.046 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial conditional uses and Council decisions

23.49.056 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial street facade, landscaping, and street setback requirements

23.49.058 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial upper-level development standards

23.49.059 Downtown Mixed Commercial, standards for lots abutting green streets in South Downtown

23.49.060 Downtown Mixed Commercial, standards for facades along mid-block corridors

Subchapter III Downtown Retail Core

23.49.090 Downtown Retail Core, permitted uses.

23.49.092 Downtown Retail Core, prohibited uses.

23.49.094 Downtown Retail Core, principal and accessory parking.

23.49.096 Downtown Retail Core, conditional uses and Council decisions

23.49.106 Downtown Retail Core, street facade requirements.

23.49.108 Downtown Retail Core, upper-level development standards.

Subchapter IV Downtown Mixed Residential

23.49.140 General provisions.

23.49.142 Downtown Mixed Residential, permitted uses.

23.49.143 Downtown Mixed Residential, size of use limits in South Downtown

23.49.144 Downtown Mixed Residential, prohibited uses.

23.49.146 Downtown Mixed Residential, principal and accessory parking

23.49.148 Downtown Mixed Residential, conditional uses and Council decisions

23.49.156 Downtown Mixed Residential, minimum lot size

23.49.158 Downtown Mixed Residential, coverage and floor size limits

23.49.162 Downtown Mixed Residential, street facade requirements

23.49.163 Downtown Mixed Residential, standards for facades along mid-block corridors

23.49.164 Downtown Mixed Residential, maximum width, depth and separation requirements

23.49.165 Downtown Mixed Residential, Façade Modulation Requirement - South Downtown

23.49.166 Downtown Mixed Residential, side setback and green street setback requirements

Subchapter V Pioneer Square Mixed

23.49.168 General standards.

23.49.170 Pioneer Square Mixed, permitted uses.

23.49.178 Pioneer Square Mixed, structure height

23.49.180 Additional height in the Pioneer Square Mixed 85-120 zone

23.49.181 Bonus floor area for affordable housing in the PSM 85-120 zone

Subchapter VI International District Mixed

23.49.198 Chapter 23.66 provisions apply.

23.49.200 International District Mixed, permitted uses

23.49.208 International District Mixed, structure height

23.49.210 International District Mixed, street façade requirements

23.49.212 International District Mixed, upper level development standards

Subchapter VII International District Residential

23.49.220 International District Residential/Commercial

23.49.223 Chapter 23.66 provisions apply

23.49.226 International District Residential, permitted uses

23.49.236 International District Residential, structure height

23.49.242 International District Residential, development standards lot size

23.49.250 International District Residential, street façade requirements

Subchapter VIII Downtown Harborfront 1

23.49.300 Downtown Harborfront 1, uses.

23.49.302 Downtown Harborfront 1, general provisions.

23.49.306 Downtown Harborfront 1, parking.

Subchapter IX Downtown Harborfront 2

23.49.318 Downtown Harborfront 2, permitted uses.

23.49.320 Downtown Harborfront 2, prohibited uses.

23.49.322 Downtown Harborfront 2, principal and accessory parking.

23.49.324 Downtown Harborfront 2, conditional uses

23.49.326 Downtown Harborfront 2, general provisions.

23.49.332 Downtown Harborfront 2, street facade requirements.

Subchapter X Pike Place Market Mixed

23.49.336 Pike Market Mixed, permitted uses.

23.49.338 Pike Market Mixed, prohibited uses.

Subchapter I
General Provisions

23.49.002 Scope of provisions.

A. This chapter details those authorized uses and their development standards which are or may be permitted in downtown zones: Downtown Office Core 1 (DOC1), Downtown Office Core 2 (DOC2), Downtown Retail Core (DRC), Downtown Mixed Commercial (DMC), Downtown Mixed Residential (DMR), Pioneer Square Mixed (PSM), International District Mixed (IDM), International District Residential (IDR), Downtown Harborfront 1 (DH1), Downtown Harborfront 2 (DH2), and Pike Market Mixed (PMM).

B. Property in the following special districts: Pike Place Market Urban Renewal Area, Pike Place Market Historic District, Pioneer Square Preservation District, International Special Review District, and the Shoreline District, are subject to both the requirements of this chapter and the regulations of the district.

C. Standards and guidelines for amenity features are found in the Downtown Amenity Standards.

D. Requirements for alley improvements are provided in Chapter 23.53. Standards for design of parking are provided in Chapter 23.54. Signs shall be regulated by Chapter 23.55. Methods for measurements are provided in Chapter 23.86.

E. Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this chapter and additional regulations in Chapter 23.57.

(Ord. 122054 § 8, 2006; Ord. 120928 § 17, 2002; Ord. 116295 § 12, 1992; Ord. 115326 § 18, 1990; Ord. 112303 § 3(part), 1985.)

23.49.006 Scope of general standards.

Unless otherwise specified, the regulations of this subchapter shall apply to all downtown zones.

(Ord. 112303 § 3(part), 1985.)

23.49.008 Structure height

The following provisions regulating structure height apply to all property in Downtown zones except the DH1 zone. Structure height for PSM, IDM and IDR zones is regulated by this Section 23.49.008, and by Sections 23.49.178, 23.49.208, and 23.49.236.

A. Base and Maximum Height Limits.

1. Except as otherwise provided in this Section, maximum structure heights for Downtown zones are as designated on the Official Land Use Map.

In certain zones, as specified in this section, the maximum structure height may be allowed only for particular uses or only on specified conditions, or both. Where height limits are specified for portions of a structure that contain specified types of uses, the applicable height limit for the structure is the highest applicable height limit for the types of uses in the structure, unless otherwise specified.

2. Except in the PMM zone, the base height limit for a structure is the lowest of the maximum structure height or the lowest other height limit, if any, that applies pursuant to this Title 23 based upon the uses in the structure, before giving effect to any bonus for which the structure qualifies under this chapter and to any special exceptions or departures authorized under this chapter. In the PMM zone the base height limit is the maximum height permitted pursuant to urban renewal covenants.

3. In zones listed below in this subsection 23.49.008.A.3, the applicable height limit for portions of a structure that contain nonresidential and live-work uses is shown as the first figure after the zone designation (except that there is no such limit in DOC1), and the base height limit for portions of a structure in residential use is shown as the first figure following the "/". The third figure shown is the maximum residential height limit. Except as stated in subsection 23.49.008.D, the base residential height limit is the applicable height limit for portions of a structure in use if the structure does not use the bonus available under Section 23.49.015, and the maximum residential height limit is the height limit for portions of a structure in residential use if the structure uses the bonus available under Section 23.49.015:

DOC1 Unlimited/450 unlimited

DOC2 500/300-500

DMC 340/290-400

DMC 240/290-400.

4. A structure in a DMC 340/290-400 zone on a lot comprising a full block that abuts a DOC1 zone along at least one street frontage may gain additional structure height of 30 percent above the maximum residential height limit if the structure uses the bonus available under Section 23.49.015, or 35 percent above 340 feet if that bonus is not used, in either case on the following conditions:

a. Only one tower is permitted on the lot;

b. Any additional floor area above the maximum height limit for nonresidential or live-work use, as increased under this subsection 23.49.008.A.4, is occupied by residential use;

c. The average residential gross floor area and maximum residential floor area of any story in the portion of the tower permitted above the base residential height limit do not exceed the limits prescribed in subsection 23.49.058.D.1;

d. Any residential floor area allowed above the base residential height limit under this provision is gained through voluntary agreements to provide low-income or moderate-income housing according to Section 23.49.015;

e. At least 35 percent of the lot area, or a minimum of 25,000 square feet, whichever is greater, is in open space use substantially at street level meeting the following standards, and subject to the following allowances for coverage:

1) The location and configuration of the space shall enhance solar exposure, allow easy access to entrances to the tower serving all tenants and occupants from streets abutting the open space, and allow convenient pedestrian circulation through all portions of the open space. The open space shall be entirely contiguous and physically accessible. To offset the impact of the taller structure allowed, the open space must have frontage at grade abutting sidewalks, and be visible from sidewalks, on at least two streets. The elevation of the space may vary, especially on sloping lots where terracing the space facilitates connections to abutting streets, provided that grade changes are gradual and do not significantly disrupt the continuity of the space, and no part of the open space is significantly above the grade of the nearest abutting street. The Director may allow greater grade changes, as necessary, to facilitate access to transit tunnel stations.

2) Up to 20 percent of the area used to satisfy the open space condition to allowing additional height may be covered by the following features: permanent, freestanding structures, such as retail kiosks, pavilions, or pedestrian shelters; structural overhangs; overhead arcades or other forms of overhead weather protection; and any other features approved by the Director that contribute to pedestrian comfort and active use of the space. The following features within the open space area may count as open space and are not subject to the percentage coverage limit: temporary kiosks and pavilions, public art, permanent seating that is not reserved for any commercial use, exterior stairs and mechanical assists that provide access to public areas and are available for public use, and any similar features approved by the Director.

f. Open space used to satisfy the condition to allowing additional height in this section is not eligible for a bonus under Section 23.49.013.

g. Open space used to satisfy the condition to allowing additional height in this section may qualify as common recreation area to the extent permitted by subsection 23.49.011.B and may be used to satisfy open space requirements in subsection 23.49.016.C.1 if it satisfies the standards of that subsection.

h. No increase in height shall be granted to any proposed development that would result in significant alteration to any designated feature of a landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board.

5. In a DRC zone, the base height limit is 85 feet, except that, subject to the conditions in subsection 23.49.008.A.6:

a. The base height limit is 150 feet if any of the following conditions is satisfied:

1) all portions of a structure above 85 feet contain only residential use; or

2) at least 25 percent of the gross floor area of all structures on a lot is in residential use; or

3) a minimum of 1.5 FAR of retail sales and service or entertainment uses, or any combination thereof, is provided on the lot.

b. For residential floor area created by infill of a light well on a Landmark structure, the base height limit is the lesser of 150 feet or the highest level at which the light well is enclosed by the full length of walls of the structure on at least three sides. For the purpose of this subsection a light well is defined as an inward modulation on a non-street facing facade that is enclosed on at least three sides by walls of the same structure, and infill is defined as an addition to that structure within the light well.

6. Restrictions on Demolition and Alteration of Existing Structures.

a. Any structure in a DRC zone that would exceed the 85 foot base height limit shall incorporate the existing exterior street front facade(s) of each of the structures listed below, if any, located on the lot of that project. The City Council finds that these structures are significant to the architecture, history and character of downtown. The Director may permit changes to the exterior facade(s) to the extent that significant features are preserved and the visual integrity of the design is maintained. The degree of exterior preservation required will vary, depending upon the nature of the project and the characteristics of the affected structure(s).

b. The Director shall evaluate whether the manner in which the facade is proposed to be preserved meets the intent to preserve the architecture, character and history of the Retail Core. If a structure on the lot is a Landmark structure, approval by the Landmarks Preservation Board for any proposed modifications to controlled features is required prior to a decision by the Director to allow or condition additional height for the project. The Landmarks Preservation Board's decision shall be incorporated into the Director's decision. Inclusion of a structure on the list below is solely for the purpose of conditioning additional height under this subsection, and shall not be interpreted in any way to prejudge the structure's merit as a Landmark:
Sixth and Pine Building523 Pine Street
Decatur1513-6th Avenue
Coliseum Theater5th and Pike
Seaboard Building1506 Westlake Avenue
Fourth and Pike Building1424-4th Avenue
Pacific First Federal Savings1400-4th Avenue
Joshua Green Building1425-4th Avenue
Equitable Building1415-4th Avenue
Mann Building1411-3rd Avenue
Olympic Savings Tower217 Pine Street
Fischer Studio Building1519-3rd Avenue
Bon Marche (Macy's)3rd and Pine
Melbourne House1511 - 3rd Avenue
Former Woolworth's Building1512 - 3rd Avenue

c. The restrictions in this subsection 23.49.008.A.6 are in addition to, and not in substitution for, the requirements of the Landmarks Ordinance, Chapter 25.12.

7. The applicable height limit for a structure is the base height limit plus any height allowed as a bonus under this chapter and any additional height allowed by special exception or departure, or by subsection 23.49.008.A.4. The height of a structure shall not exceed the applicable height limit, except as provided in subsections 23.49.008.B, 23.49.008.C and 23.49.008.D.

8. The height of rooftop features, as provided in subsection 23.49.008.D, is allowed to exceed the applicable height limit.

9. On lots in the DMC 85/65-150 zone:

a. A height limit of 85 feet applies to the portions of a structure that contain nonresidential or live-work uses.

b. A base height limit of 65 feet applies to the portions of a structure that contain residential uses.

c. The applicable height limit for portions of a structure that contain residential uses is 85 feet if the applicant qualifies for extra floor area on the lot under Section 23.49.023 and Chapter 23.58A, the structure has no nonresidential or live-work use above 85 feet, and the structure does not qualify for a higher limit for residential uses under subsection 23.49.008.A.9.d.

d. The applicable height limit is 150 feet if the applicant qualifies for extra floor area on the lot under Section 23.49.023 and Chapter 23.58A; the structure has no nonresidential or live-work use above 85 feet; the lot is at least 40,000 square feet in size and includes all or part of a mid-block corridor that satisfies the conditions of subsection 23.58A.016.C.4.d, except to the extent any waiver of such conditions is granted by the Director; and the standards of Section 23.49.060 are satisfied.

B. Structures located in DMC 240/290-400 or DMC 340/290-400 zones may exceed the maximum height limit for residential use, or if applicable the maximum height limit for residential use as increased under subsection 23.49.008.A.4, by ten percent of that limit, as so increased if applicable, if:

1. the facades of the portion of the structure above the limit do not enclose an area greater than 9,000 square feet, and

2. the enclosed space is occupied only by those uses or features otherwise permitted in this Section 23.49.008 as an exception above the height limit. The exception in this subsection 23.49.008.B shall not be combined with any other height exception for screening or rooftop features to gain additional height.

C. Height in Downtown Mixed Residential (DMR) zones is regulated as follows:

1. A structure that contains only nonresidential or live-work uses may not exceed the lowest height limit established on the Official Land Use Map, except for rooftop features permitted by subsection 23.49.008.D.

2. In DMR zones for which only two height limits are established, only those portions of structures that contain only residential uses may exceed the lower height limit, and they may extend to the higher height limit established on the Official Land Use Map.

3. On lots in the DMR/C 65/65-150 zone, the base height limit is 65 feet, and it is the applicable height limit for all structures, except that:

a. The applicable height limit is 85 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A, the structure has no nonresidential or live-work use above 65 feet, and the structure does not qualify for a higher height limit under this subsection 23.49.008.C.3.

b. The applicable height limit is 150 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A; the structure has no nonresidential or live-work use above 65 feet; the lot includes all or part of a mid-block corridor that satisfies the conditions of subsection 23.58A.016.C.4.d, except to the extent any waiver of such conditions is granted by the Director; and the standards of subsection 23.49.156.B and Section 23.49.163 are satisfied.

4. On lots in the DMR/C 65/65-85 zone, the base height limit is 65 feet, and it is the applicable height limit for all structures, except that the applicable height limit is 85 feet if the applicant qualifies for extra floor area under Section 23.49.023 and Chapter 23.58A and the structure has no nonresidential or live-work use above 65 feet.

D. Rooftop Features.

1. The following rooftop features are permitted with unlimited rooftop coverage and may not exceed the height limits as indicated:

a. Open railings, planters, clerestories, skylights, play equipment, parapets and firewalls up to 4 feet above the applicable height limit;

b. Solar collectors up to 7 feet above the applicable height limit; and

c. The rooftop features listed below shall be located a minimum of 10 feet from all lot lines and may extend up to 50 feet above the roof of the structure on which they are located or 50 feet above the applicable height limit, whichever is less, except as regulated by Chapter 23.64, Airport Height Overlay District:

1) Religious symbols for religious institutions,

2) Smokestacks, and

3) Flagpoles.

2. The following rooftop features are permitted up to the heights indicated below, as long as the combined coverage of all rooftop features, whether or not listed in this subsection 23.49.008.D.2, does not exceed 55 percent of the roof area for structures that are subject to maximum floor area limits per story pursuant to Section 23.49.058, or 35 percent of the roof area for other structures.

a. The following rooftop features are permitted to extend up to 15 feet above the applicable height limit:

1) Solar collectors;

2) Stair penthouses;

3) Play equipment and open-mesh fencing, as long as the fencing is at least 15 feet from the roof edge;

4) Covered or enclosed common recreation area;

5) Mechanical equipment; and

6) Wind turbines.

b. Elevator penthouses as follows:

1) In the PMM zone, up to 15 feet above the applicable height limit;

2) Except in the PMM zone, up to 23 feet above the applicable height limit for a penthouse designed for an elevator cab up to 8 feet high;

3) Except in the PMM zone, up to 25 feet above the applicable height limit for a penthouse designed for an elevator cab more than 8 feet high;

4) Except in the PMM zone, if the elevator provides access to a rooftop designed to provide usable open space, an additional 10 feet above the amount permitted in subsections 23.49.008.D.2.b.2 and 23.49.008.D.2.b.3 shall be permitted.

c. Minor communication utilities and accessory communication devices, regulated according to Section 23.57.013, shall be included within the maximum permitted rooftop coverage.

d. Greenhouses that are dedicated to food production are permitted to extend 15 feet above the applicable height limit, as long as the combined total coverage of all features gaining additional height listed does not exceed 50 percent of the roof area.

e. Mechanical equipment, whether new or replacement, may be allowed up to 15 feet above the roof elevation of a structure existing prior to June 1, 1989.

3. Screening of Rooftop Features.

a. Measures may be taken to screen rooftop features from public view through the design review process or, if located within the Pike Place Market Historical District, by the Market Historical Commission.

b. Except in the PMM zone, the amount of roof area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of all rooftop features as provided in subsection 23.49.008.D.2.

c. Except in the PMM zone, in no circumstances shall the height of rooftop screening exceed ten percent of the applicable height limit, or 15 feet, whichever is greater. In the PMM zone, the height of the screening shall not exceed the height of the rooftop feature being screened, or such greater height necessary for effective screening as determined by the Pike Place Market Historical Commission.

4. Administrative Conditional Use for Rooftop Features. Except in the PMM zone, the rooftop features listed in subsection 23.49.008.D.1.c may exceed a height of 50 feet above the roof of the structure on which they are located if authorized by the Director through an administrative conditional use, Chapter 23.76. The request for additional height shall be evaluated on the basis of public benefits provided, the possible impacts of the additional height, consistency with the City's land use policies, and the following specific criteria:

a. The feature shall be compatible with and not adversely affect the downtown skyline.

b. The feature shall not have a substantial adverse effect upon the light, air, solar and visual access of properties within a 300 foot radius.

c. The feature, supporting structure and structure below shall be compatible in design elements such as bulk, profile, color and materials.

d. The increased size is necessary for the successful physical function of the feature, except for religious symbols.

5. Residential Penthouses Above Height Limit in a DRC Zone.

a. A residential penthouse exceeding the applicable height limit shall be permitted in a DRC zone only on a mixed-use, City-designated Landmark structure for which a certificate of approval by the Landmarks Preservation Board is required. A residential penthouse allowed under this section may cover a maximum of 50 percent of the total roof surface. Except as the Director may allow under subsection 23.49.008.D.5.b:

1) A residential penthouse allowed under this subsection shall be set back a minimum of 15 feet from the street lot line.

2) A residential penthouse may extend up to 8 feet above the roof, or 12 feet above the roof if set back a minimum of 30 feet from the street lot line.

b. If the Director determines, after a sight line review based upon adequate information submitted by the applicant, that a penthouse will be invisible or minimally visible from public streets and parks within 300 feet from the structure, the Director may allow one or both of the following in a Type I decision:

1) An increase of the penthouse height limit under subsection 23.49.008.D.5.a by an amount up to the average height of the structure's street-facing parapet; or

2) A reduction in the required setback for a residential penthouse.

c. The Director's decision to modify development standards pursuant to subsection 23.49.008.D.5.b shall be consistent with the certificate of approval from the Landmarks Preservation Board.

d. A residential penthouse allowed under this section shall not exceed the maximum structure height in the DRC zone under Section 23.49.008.

e. No rooftop features shall be permitted on a residential penthouse allowed under this subsection 23.49.008.D.5.

6. For height limits and exceptions for communication utilities and accessory communication devices, see Section 23.57.013.

(Ord. 123649, § 28, 2011; Ord. 123589, § 9, 2011; Ord. 123378, § 20, 2010; Ord. 122582, § 1, 2007; Ord. 122054 § 9, 2006; Ord. 121196 § 13, 2003; Ord. 120967 § 1, 2003; Ord. 120928 § 18, 2002; Ord. 120443 § 3, 2001; Ord. 120117 § 29, 2000; Ord. 119837 § 3, 2000; Ord. 119728 § 2, 1999; Ord. 119370 § 3, 1999; Ord. 118672 § 8, 1997: Ord. 116295 § 13, 1992; § 1 of Initiative 31, passed 5/16/89; Ord. 113279 § 1, 1987; Ord. 112303 § 3(part), 1985.)

23.49.009 Street-level use requirements.

One (1) or more of the uses listed in subsection A are required at street-level on all lots abutting streets designated on Map 1G. Required street-level uses shall meet the standards of this section.

A. Types of Uses. The following uses qualify as required street-level uses:

1. General sales and services;

2. Human service uses and childcare facilities;

3. Retail sales, major durables;

4. Entertainment uses;

5. Museums, and administrative offices within a museum expansion space meeting the requirement of subsection 23.49.011B1h;

6. Libraries;

7. Elementary and secondary schools;

8. Public atriums;

9. Eating and drinking establishments;

10. Sales and services, automotive;

11. Sales and services, marine; and

12. Animal shelters and kennels.

B. General Standards.

1. A minimum of seventy-five (75) percent of each street frontage at street-level where street level uses are required must be occupied by uses listed in subsection A. The remaining twenty-five (25) percent of the street frontage at street level may contain other permitted uses and/or pedestrian or vehicular entrances. The frontage of any exterior public open space that qualifies for a floor area bonus, whether it receives a bonus or not; any eligible lot area of an open space TDR site, any outdoor common recreation area required for residential uses, or any open space required for office uses, is not counted in street frontage.

2. In the DRC zone, a combined total of no more than twenty (20) percent of the total street frontage of the lot may be occupied by human service uses, childcare facilities, customer service offices, entertainment uses or museums.

3. Required street-level uses shall be located within ten (10) feet of the street property line or shall abut a public open space that meets the eligibility criteria of the Downtown Amenity Standards. When sidewalk widening is required by Section 23.49.022, the ten (10) feet shall be measured from the line established by the new sidewalk width.

4. Except for child care facilities, pedestrian access to required street-level uses shall be provided directly from the street, a bonused public open space, or other publicly accessible open space. Pedestrian entrances shall be located no more than three (3) feet above or below sidewalk grade or shall be at the same elevation as the abutting public open space.

(Ord. 122311, § 52, 2006; Ord. 122235, § 4, 2006; Ord. 122054 § 10, 2006)

23.49.010 General requirements for residential uses.

A. Reserved.

B. Common Recreation Area. Common recreation area is required for all new development with more than twenty (20) dwelling units. Required common recreation area shall meet the following standards:

1. An area equivalent to five (5) percent of the total gross floor area in residential use, excluding any floor area in residential use gained in a project through a voluntary agreement for housing under SMC Section 23.49.015, shall be provided as common recreation area. In no instance shall the amount of required common recreation area exceed the area of the lot. The common recreation area shall be available to all residents and may be provided at or above ground level.

2. A maximum of fifty (50) percent of the common recreation area may be enclosed.

3. The minimum horizontal dimension for required common recreation areas shall be fifteen (15) feet, except for open space provided as landscaped setback area at street level, which shall have a minimum horizontal dimension of ten (10) feet. No required common recreation area shall be less than two hundred twenty-five (225) square feet.

4. Common recreation area that is provided as open space at street level shall be counted as twice the actual area in determining the amount provided to meet the common recreation area requirement.

5. In mixed use projects, the Director may permit a bonused public open space to satisfy a portion of the common recreation area requirement, provided that the space meets the standards of this section, and the Director finds that its design, location, access and hours of operation meet the needs of building residents.

6. Parking areas, driveways 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.

7. In PSM zones, the Director of the Department of Neighborhoods, on recommendation of the Pioneer Square Preservation Board, may waive the requirement for common recreation area, pursuant to the criteria of Section 23.66.155, Waiver of common recreation area requirements.

8. In IDM and IDR zones, the Director of the Department of Neighborhoods, on recommendation of the International District Special Review District Board, may waive the requirement for common recreation area, pursuant to the criteria of Section 23.66.155, Waiver of common recreation area requirements.

9. For lots abutting designated green streets, up to fifty (50) percent of the common recreation area requirement may be met by contributing to the development of a green street. The Director may waive the requirement that the green street abut the lot and allow the improvement to be made to a green street located in the general vicinity of the project if such an improvement is determined to be beneficial to the residents of the project.

C. Assisted Living Facilities Use and Development Standards.

1. Assisted living facilities shall be subject to the development standards of the zone in which they are located except as provided below:

a. Density. Density limits do not apply to assisted living facilities; and

b. Open Space and Common Recreation Area. Open space and common recreation area requirements do not apply to assisted living facilities.

2. Other Requirements.

a. Minimum Unit Size. Assisted living units shall be designed to meet the minimum square footage required by WAC 388-110-140.

b. Facility Kitchen. There shall be provided a kitchen on-site which services the entire assisted living facility.

c. Communal Area. Communal areas (e.g., solariums, decks and porches, recreation rooms, dining rooms, living rooms, foyers and lobbies that are provided with comfortable seating, and gardens or other outdoor landscaped areas that are accessible to wheelchairs and walkers) with sufficient accommodations for socialization and meeting with friends and family shall be provided:

(1) The total amount of communal area shall, at a minimum, equal twenty (20) percent of the total floor area in assisted living units. In calculating the total floor area in assisted living units, all of the area of each of the individual units shall be counted, including counters, closets and built-ins, but excluding the bathroom;

(2) No service areas, including, but not limited to, the facility kitchen, laundry, hallways and corridors, supply closets, operations and maintenance areas, staff areas and offices, and rooms used only for counseling or medical services, shall be counted toward the communal area requirement; and

(3) A minimum of four hundred (400) square feet of the required communal area shall be provided outdoors, with no dimensions less than ten (10) feet. A departure from the required amount and/or dimension of outdoor communal space may be permitted as part of the design review process, pursuant to Section 23.41.012 A.

(Ord. 122054 § 12, 2006; Ord. 121196 § 16, 2003; Ord. 120443 § 14, 2001; Ord. 119728 § 3, 1999; Ord. 119238 § 6, 1998; Ord. 117202 § 8, 1994; Ord. 112303 § 3(part), 1985.)

23.49.011 Floor area ratio

A. General Standards.

1. The base and maximum floor area ratio (FAR) for each zone is provided in Table A for 23.49.011.

Table A for 23.49.011 Base and Maximum Floor Area Ratios (FARs)
Zone DesignationBase FARMaximum FAR
Downtown Office Core 1 (DOC1)620
Downtown Office Core 2 (DOC2)514
Downtown Retail Core (DRC)35
Downtown Mixed Commercial (DMC)4 in DMC 65 4.5 in DMC 85 5 in DMC 125, DMC 160, DMC 240/290-400, and DMC 340/290-400 3 in DMC 85/65-1504 in DMC 65 4.5 in DMC 85 7 in DMC 125, DMC 160, and DMC 240/290-400 10 in DMC 340/290-400 5 in DMC 85/65-150
Downtown Mixed Residential/Residential (DMR/R)1 in DMR/R 85/65 1 in DMR/R 125/65 1 in DMR/R 240/651 in DMR/R 85/65 2 in DMR/R 125/65 2 in DMR/R 240/65
Downtown Mixed Residential/Commercial (DMR/C)1 in DMR/C 85/65 1 in DMR/C 125/65 2 in DMR/C 240/125 2.5 in DMR/C 65/65-85 2.5 in DMR/C 65/65-1504 in DMR/C 85/65 4 in DMR/C 125/65 5 in DMR/C 240/125 4 in DMR/C 65/65-85 4 in DMR/C 65/65-150
Pioneer Square Mixed (PSM)N.A.N.A.
International District Mixed (IDM)3, except as stated below* 6 for hotels** in IDM 75-85 and IDM 75/85-1503, except as stated below 6 for hotels** in IDM 75-85 and IDM 75/85-150 6 in IDM 150/85-150
International District Residential (IDR)12 if 50% or more of the total gross floor area on the lot is in residential use
International District Residential/Commercial (IDR/C)3, except hotels 6 for hotels**3, except hotels 6 for hotels**
Downtown Harborfront 1 (DH1)N.A.N.A.
Downtown Harborfront 2 (DH2)2.5Development standards regulate maximum FAR
Pike Market Mixed (PMM)77
Footnotes: N.A. = Not Applicable. * In the IDM 150/85-150 zone, hotel uses are subject to the base FAR of 3 FAR. ** Hotel use may be combined with up to 3 FAR of other chargeable floor area, up to a total of 6 FAR.

2. Chargeable floor area shall not exceed the applicable base FAR except as expressly authorized pursuant to this chapter.

a. In DOC1, DOC2, and DMC zones that are located outside of South Downtown, if chargeable floor area above the base FAR is allowed on a lot for development that includes a new structure, the first increment of chargeable floor area above the base FAR, shown for each zone in Table B for 23.49.011, shall be gained by making a commitment satisfactory to the Director that the proposed development will earn a LEED Silver rating or meet a substantially equivalent standard approved by the Director as a Type I decision. In these zones outside of South Downtown, no chargeable floor area above the base FAR is allowed for a project that includes chargeable floor area in a new structure unless the applicant makes such a commitment. If such a commitment is made, Section 23.49.020 applies. This subsection 23.49.011.A.2.a shall expire on May 12, 2011.

Table B for 23.49.011
ZoneFirst increment of FAR above the base FAR achieved through LEED Silver Rating
All DOC1 zones1.0
All DOC2 zones0.75
DMC 340/290-4000.50
DMC 125, DMC 160, DMC 240/290-4000.25

b. In DOC1, DOC2, and DMC zones outside of South Downtown, additional chargeable floor area above the first increment of FAR that exceeds the base FAR may be obtained only by qualifying for floor area bonuses pursuant to Section 23.49.012 or 23.49.013, or by the transfer of development rights pursuant to Section 23.49.014, or both, except as otherwise expressly provided in this subsection 23.49.011.A.2. After the expiration of subsection 23.49.011.A.2.a, the first increment of floor area that exceeds the base FAR shall be zero.

c. In a DOC1 zone additional chargeable floor area over 17 FAR may be obtained only through the transfer of rural development credits, except as provided below in this subsection 23.49.011.A.2.c. No chargeable floor area shall be allowed under this subsection 23.49.011.A.2.c unless, at the time of the Master Use Permit application for the project proposing such floor area, an agreement is in effect between the City and King County, duly authorized by City ordinance, for the implementation of a Rural Development Credits Program. If no such agreement is in effect, the chargeable floor area above 17 FAR may be obtained according to subsection 23.49.011.A.2.f.

d. In no event shall the use of bonuses, TDR, or rural development credits, or any combination of them, be allowed to result in chargeable floor area in excess of the maximum as set forth in Table A for 23.49.011, except that a structure on a lot in a planned community development pursuant to Section 23.49.036 or a combined lot development pursuant to Section 23.49.041 may exceed the floor area ratio otherwise permitted on that lot, provided the chargeable floor area on all lots included in the planned community development or combined lot development as a whole does not exceed the combined total permitted chargeable floor area.

e. Except as otherwise provided in this subsection 23.49.011.A.2.e or subsections 23.49.011.A.2.g or 23.49.011.A.2.i, and except in South Downtown, not less than five percent of all floor area above the base FAR to be gained on any lot, excluding any floor area gained under subsections 23.49.011.A.2.a, 23.49.011.A.2.k, and 23.49.011.A.2.l, shall be gained through the transfer of Landmark TDR, to the extent that Landmark TDR are available. Landmark TDR shall be considered "available" only to the extent that, at the time of the Master Use Permit application to gain the additional floor area, the City of Seattle is offering Landmark TDR for sale, at a price per square foot no greater than the total bonus contribution under Section 23.49.012 for a project using the cash option for both housing and childcare facilities. An applicant may satisfy the minimum Landmark TDR requirement in this section by purchases from private parties, by transfer from an eligible sending lot owned by the applicant, by purchase from the City, or by any combination of the foregoing. This subsection 23.49.011.A.2.e does not apply to any lot in a DMR zone.

f. Except as otherwise permitted under subsections 23.49.011.A.2.h, 23.49.011.A.2.i, or 23.49.011.A.2.m, on any lot outside of South Downtown except a lot in a DMR zone, the total amount of chargeable floor area gained through bonuses under Section 23.49.012, together with any housing TDR and Landmark housing TDR used for the same project, shall equal 75 percent of the amount, if any, by which the total chargeable floor area to be permitted on the lot exceeds the sum of (i) the base FAR, as determined under this section and Section 23.49.032 if applicable, plus (ii) any chargeable floor area gained on the lot pursuant to subsections 23.49.011.A.2.a, 23.49.011.A.2.c, 23.49.011.A.2.h, 23.49.011.A.2.i, 23.49.011.A.2.k, and 23.49.011.A.2.l. Except in South Downtown, at least half of the remaining 25 percent shall be gained by using TDR from a sending lot with a major performing arts facility, to the extent available, and the balance of the 25 percent shall be gained through bonuses under Section 23.49.013 or through TDR other than housing TDR, or both, consistent with this Chapter 23.49. TDR from a sending lot with a major performing arts facility shall be considered "available" only to the extent that, at the time of the Master Use Permit application to gain the additional floor area, the City of Seattle is offering such TDR for sale, at a price per square foot not exceeding the prevailing market price for TDR other than housing TDR, as determined by the Director.

g. In order to gain chargeable floor area on any lot in a DMR zone outside of South Downtown, an applicant may (i) use any types of TDR eligible under this chapter in any proportions, or (ii) use bonuses under Section 23.49.012 or 23.49.013, or both, subject to the limits for particular types of bonus under Section 23.49.013, or (iii) combine such TDR and bonuses in any proportions.

h. On any lot in a DMC zone allowing a maximum FAR of seven, in addition to the provisions of subsection 23.49.011.A.2.f, an applicant may gain chargeable floor area above the first increment of FAR above the base FAR through use of DMC housing TDR, or any combination of DMC housing TDR with floor area gained through other TDR and bonuses as prescribed in subsection 23.49.011.A.2.f.

i. If the amount of bonus development sought in any permit application does not exceed 5,000 square feet of chargeable floor area, the Director may permit such floor area to be achieved solely through the bonus for housing and child care.

j. No chargeable floor area above the base FAR shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure, unless a certificate of approval for the alteration is granted by the Landmarks Preservation Board.

k. On a lot entirely in a DOC1 zone, additional chargeable floor area equal to 1.0 FAR may be permitted above the increment achieved through a commitment as prescribed in subsection 23.49.011.A.2.a, or above the base FAR after expiration of that subsection, on a lot that includes one or more qualifying Landmarks, subject to the following conditions:

1) the structure is rehabilitated to the extent necessary so that all features and characteristics controlled or designated by ordinance pursuant to SMC Chapter 25.12 or Ordinance 102229 are in good condition and consistent with the applicable ordinances and with any certificates of approval issued by the Landmarks Preservation Board, all as determined by the Director of Neighborhoods; and

2) a notice shall be recorded in the King County real estate records, in form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this chapter. For purposes of this Section 23.49.011, a "qualifying Landmark" is a structure that (i) has a gross floor area above grade of at least 5,000 square feet; (ii) is separate from the principal structure or structures existing or to be developed on the lot, except that it may abut and connect with one such structure along one exterior wall; (iii) is subject, in whole or in part, to a designating ordinance pursuant to SMC Chapter 25.12, or was designated pursuant to Ordinance 102229; and (iv) is on a lot on which no improvement, object, feature or characteristic has been altered or removed contrary to any provision of Chapter 25.12 or any designating ordinance. A qualifying Landmark for which a bonus is allowed under this subsection shall be considered a public benefit feature, but shall not be considered an amenity for purposes of Section 23.49.013. For so long as any of the chargeable floor area allowed under this subsection 23.49.011.A.2.k remains on the lot, each qualifying Landmark for which such bonus was granted shall remain designated as a Landmark under Chapter 25.12 and the owner shall maintain the exterior and interior of each qualifying Landmark in good condition and repair and in a manner that preserves the features and characteristics that are subject to designation or controls by ordinance, and that maintains compliance with all applicable requirements of federal, state and local laws, ordinances, regulations, and restrictions.

l. On a lot entirely in a DOC1 zone, as an incentive to maintain diversity in the scale of downtown development, additional floor area equal to 0.5 FAR may be granted above the increment achieved through a commitment as prescribed in subsection 23.49.011.A.2.a, or above the base FAR after expiration of that subsection, on a lot that includes one or more qualifying small structures, subject to the conditions in this subsection 23.49.011.A.2.l.

1) A "qualifying small structure" is one that satisfies all of the following standards:

a) the gross floor area of the structure above grade is a minimum of 5,000 square feet and does not exceed 50,000 square feet;

b) the height of the structure is 125 feet or less, not including rooftop features as specified in subsection 23.49.008.D;

c) the structure was not constructed or substantially structurally modified since July 13, 1982; and

d) the structure is not occupied by parking above the ground floor.

2) If the structure is removed from the lot or ceases to be a qualifying small structure, then any development on the portion of the lot previously occupied by the structure, defined by a rectangle enclosing the exterior walls of the structure as they exist at the time the bonus is granted and extended to the nearest street frontage, shall be limited to a maximum floor area of 50,000 square feet for all uses and a maximum height of 125 feet, excluding any rooftop features as specified in subsection 23.49.008.D.

3) A notice shall be recorded in the King County real estate records, in form satisfactory to the Director, regarding the bonus allowed and the effect thereof under the terms of this chapter.

4) Bonus floor area under this subsection 23.49.011.A.2.l may not be granted on the basis of a Landmark structure for which bonus floor area is allowed under subsection 23.49.011.A.2.k, but may be allowed on the basis of a different structure or structures that are on the same lot as a Landmark structure for which such bonus floor area is allowed.

m. Chargeable floor area in excess of the base FAR in the PSM 85-120 zone may be gained only in accordance with Section 23.49.180.

n. In IDM, DMR and DMC zones within South Downtown, chargeable floor area in excess of the base FAR may be obtained only by qualifying for floor area bonuses pursuant to Sections 23.58A.024 and 23.49.013, or by the transfer of development rights pursuant to Section 23.49.014, or both, and except as permitted in subsection 23.49.011.A.2.i, only if the conditions of this subsection 23.49.011.A.2.n also are satisfied:

1) For a new structure, the applicant makes a commitment, approved by the Director as a Type I decision, that the proposed development will earn a LEED Silver rating or meet a substantially equivalent standard. If such a commitment is made, Section 23.49.020 applies.

2) Seventy five percent of the chargeable floor area in excess of base FAR shall be gained through bonuses under Section 23.58A.024 or through use of Housing TDR from within South Downtown.

3) Twenty five percent of the chargeable floor area in excess of base FAR shall be gained by one or any combination of transferable development rights or public open space amenities, subject to the conditions and limits of this Section 23.49.011, Section 23.49.013 and Section 23.49.014:

a) TDR that may be used on a lot in South Downtown are limited to South Downtown Historic TDR, open space TDR from within South Downtown, or any combination of these consistent with this chapter.

b) Amenities eligible for a bonus on a lot in South Downtown are limited to public open space amenities pursuant to Section 23.49.013.

3. The Master Use Permit application to establish any bonus development under this section shall include a calculation of the amount of bonus development sought and shall identify the manner in which the conditions to such bonus development shall be satisfied. The Director shall, at the time of issuance of any Master Use Permit decision approving any such bonus development, issue a Type I decision as to the amount of bonus development to be allowed and the conditions to such bonus development, which decision may include alternative means to achieve bonus development, at the applicant's option, if each alternative would be consistent with this Section 23.49.011 and any other conditions of the permit, including Design Review if applicable.

B. Exemptions and Deductions from FAR Calculations.

1. The following are not included in chargeable floor area, except as specified below in this Section 23.49.011:

a. Retail sales and service uses and entertainment uses in a DRC zone, up to a maximum FAR of two for all such uses combined;

b. Street-level uses meeting the requirements of Section 23.49.009, Street-level use requirements, whether or not street-level use is required pursuant to Map 1G, if the uses and structure also satisfy the following standards:

1) The street level of the structure containing the exempt space must have a minimum floor to floor height of 13 feet;

2) The street level of the structure containing the exempt space must have a minimum depth of 15 feet; and

3) Overhead weather protection is provided satisfying Section 23.49.018.

c. Shopping atria in the DRC zone and adjacent areas shown on Map 1J, provided that:

1) The minimum area of the shopping atria is 4,000 square feet;

2) The eligibility conditions of the Downtown Amenity Standards are met; and

3) The maximum area eligible for a floor area exemption is 20,000 square feet;

d. Child care;

e. Human service use;

f. Residential use, except in the PMM and DH2 zones, and provided that allowable residential floor area is limited on lots from which TDP is transferred in accordance with Chapter 23.58A;

g. Live-work units, except in the PMM and DH2 zones;

h. Museums, provided that the eligibility conditions of the Downtown Amenity Standards are met;

i. The floor area identified as expansion space for a museum, where such expansion space satisfies the following:

1) The floor area to contain the museum expansion space is owned by the museum or a museum development authority; and

2) The museum expansion space will be occupied by a museum, existing as of October 31, 2002, on a downtown zoned lot; and

3) The museum expansion space is physically designed in conformance with the Seattle Building Code standards for museum use either at the time of original configuration or at such time as museum expansion is proposed;

j. Performing arts theaters;

k. Floor area below grade;

l. Floor area that is used only for short-term parking or parking accessory to residential uses, or both, subject to a limit on floor area used wholly or in part as parking accessory to residential uses of one parking space for each dwelling unit on the lot with the residential use served by the parking;

m. Floor area of a public benefit feature that would be eligible for a bonus on the lot where the feature is located, other than a Landmark structure eligible pursuant to subsection 23.49.011.A.2.k or a small structure eligible pursuant to subsection 23.49.011.A.2.l. The exemption applies regardless of whether a floor area bonus is obtained, and regardless of limits on the maximum area eligible for a bonus;

n. Public restrooms;

o. Major retail stores in the DRC zone and adjacent areas shown on Map 1J, provided that:

1) The minimum lot area for a major retail store development is 20,000 square feet;

2) The minimum area of the major retail store is 80,000 square feet;

3) The eligibility conditions of the Downtown Amenity Standards are met;

4) The maximum area eligible for a floor area exemption is 200,000 square feet; and

5) The floor area exemption applies to storage areas, store offices, and other support spaces necessary for the store's operation;

p. Shower facilities for bicycle commuters;

q. Floor area, excluding floor area otherwise exempt, up to a maximum of 25,000 square feet on any lot, within one or more Landmark structures for which a floor area bonus has been granted pursuant to subsection 23.49.011.A.2.k, or within one or more small structures for which a floor area bonus has been granted pursuant to subsection 23.49.011.A.2.l, or within any combination of such Landmark structures and such small structures, in each case only to the extent that the floor area satisfies the following criteria as determined by the Director:

1) The floor area is interior space of historic or architectural interest designed to accommodate the original function of the structure, and maintaining the integrity of this space prevents it from being fully utilized as commercial floor area;

2) The floor area is occupied by such uses as public assembly or performance space, human services, or indoor public amenities, including atrium or lobby area available for passive indoor recreation use or for the display of art or other objects of scientific, social, historic, cultural, educational or aesthetic interest; and

3) The floor area is open and accessible to the public without charge, on reasonable terms and conditions consistent with the nature of the space, during normal operating hours of the building;

r. Up to 40,000 square feet of a streetcar maintenance base; and

s. Up to 25,000 square feet of a community center in a DMR/C zone within South Downtown that is open to the general public for a minimum of six hours per day five days per week 42 weeks per year.

2. As an allowance for mechanical equipment, 3.5 percent shall be deducted in computing chargeable gross floor area. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection 23.49.011.B.1 has been deducted.

C. Rooftop mechanical equipment. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof and will not be counted in gross floor area calculations.

(Ord. 123589, § 10, 2011; Ord. 123046, § 65, 2009; Ord. 122524, § 1, 2007; Ord. 122054 § 13, 2006; Ord. 121874 § 1, 2005; Ord. 121828 § 6, 2005; Ord. 121278 § 3, 2003; Ord. 121196 § 14, 2003; Ord. 120967 § 3, 2003: Ord. 120443 §§ 5, 6, 2001.)

23.49.012 Bonus floor area for voluntary agreements for housing and child care.

A. General Provisions

1. The purpose of this section is to encourage development in addition to that authorized by basic zoning regulations ("bonus development"), provided that certain adverse impacts from the bonus development are mitigated. Two impacts from additional development are an increased need for low-income housing to house the families of downtown workers having lower-paid jobs and an increased need for child care for downtown workers.

2. If an applicant elects to seek approval of bonus development pursuant to this section, the applicant must execute a voluntary agreement with the City in which the applicant agrees to provide mitigation for the impacts identified in subsection 23.49.012.A.1. In the absence of a signed voluntary agreement, acceptance of a permit for any bonus development allowed under this section shall constitute a voluntary agreement on the terms set forth in this section. The mitigation may be provided by building the requisite low-income housing or child care facilities (the "performance option"), by making a contribution to be used by the City to build or provide the housing and child care facilities (the "payment option"), or by a combination of the performance and payment options.

B. Voluntary Agreements for Housing and Child Care. The voluntary agreement shall commit the developer to provide or contribute to the following facilities in the following amounts:

1. Housing.

a. Housing serving low-income households equal to at least 15.6 percent of each gross square foot of bonus floor area obtained through the performance option must be provided. A cash contribution for each gross square foot of bonus floor area obtained through the payment option, as an alternative to the performance option, for housing to serve low-income households must be provided. The alternative cash contribution is $18.75 per gross square foot of bonus floor area obtained through the payment option, subject to adjustment under this section. The Director of Housing may adjust the alternative cash contribution, no more frequently than annually, approximately in proportion to the change in the Consumer Price Index, All Urban Consumers, Seattle-Tacoma-Bremerton metropolitan area, All Items (1982 - 84=100), as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or successor index, or any other cost index that the Director of Housing may deem appropriate. The base year for the first adjustment shall be 2001. In the alternative, the Director of Housing may adjust the cash contribution amount based on changes to commercial and/or housing development costs estimated in a manner as the Director of Housing deems appropriate. Any adjustment to the cash contribution amount may be implemented through a rule-making process.

b. For the performance option, housing serving low-income households must be provided within the project using the bonus development unless the Director, after consultation with the Director of Housing, approves an alternate location, as a Type I decision. The alternate location must be in one of the following areas, prioritized in the following order: 1) within the Downtown Urban Center; 2) within an Urban Center adjacent to the Downtown Urban Center; 3) in the City within 0.5 mile of a light rail or bus rapid transit station on a route serving the Downtown Urban Center; 4) in the City within 0.25 mile of a bus or streetcar stop on a route serving the Downtown Urban Center. In determining whether to approve an alternate location, the Director shall consider the extent to which low-income housing at that location would mitigate the impact of the development on the need for low-income housing serving downtown workers. For purposes of this subsection 23.49.012.B.1, a housing unit serves low-income households only if either:

1) For a period of 50 years beginning upon the issuance of a final certificate of occupancy by the Department for the project using the bonus development, the housing unit is used as rental housing solely for low-income households, at rent limited so that annual housing costs, including rent and basic utilities, do not exceed 30 percent of 80 percent of median income, and the housing unit and the structure in which it is located are maintained in decent and habitable condition, including adequate basic appliances in the housing unit; or

2) The unit is sold for owner-occupancy to a low-income household at an initial sale price limited so that the annual housing costs, including mortgage principal and interest, real estate taxes, and insurance plus homeowner dues if applicable, are not expected to exceed 35 percent of 80 percent of median income, according to a calculation based on reasonable assumptions and approved by the Director of Housing, and the unit is subject to a recorded instrument satisfactory to the Director of Housing with a term of 50 years beginning upon the issuance of a final certificate of occupancy by the Department for the project using the bonus development, providing for sales prices on any resale consistent with affordability on the same basis as the initial sale, allowing resales only to low-income households, and requiring that upon any resale the housing unit be in decent and habitable condition, including adequate basic appliances, for such 50 year period.

c. For purposes of this section, housing may be considered to be provided by the applicant seeking bonus floor area if:

1) It is committed to serve low-income households pursuant to an agreement between the housing owner and the City executed and recorded prior to the issuance of the building permit for the housing, but no earlier than three years prior to the issuance of a master use permit for the project using the bonus floor area; and

2) The housing is newly constructed, is converted from nonresidential use, or is renovated; and:

i. The housing is owned by the applicant seeking to use the bonus; or

ii. The owner of the housing has signed, and there is in effect, a linkage agreement approved by the Director of Housing allowing the use of the housing bonus in return for necessary and adequate financial support to the development of the housing, and either the applicant has, by the terms of the linkage agreement, the exclusive privilege to use the housing to satisfy conditions for bonus floor area; or the applicant is the assignee of the privilege to use the housing to satisfy conditions for bonus floor area, pursuant to a full and exclusive assignment, approved by the Director of Housing, of the linkage agreement, and all provisions of this section respecting assignments are complied with. If housing is developed in advance of a linkage agreement, payments by the applicant used to retire or reduce interim financing may be considered necessary and adequate support for the development of the housing.

d. Housing that is not yet constructed, or is not ready for occupancy, at the time of the issuance of a building permit for the project intending to use bonus floor area, may be considered to be provided by the applicant if, within three years of the issuance of the first building permit for that project, the Department issues a final certificate of occupancy for such housing. Any applicant seeking to qualify for bonus floor area based on housing that is not ready for occupancy shall provide to the City, prior to the date when a contribution would be due for the cash option under subsection 23.49.012.C, an irrevocable bank letter of credit or other sufficient security approved by the Director of Housing, and a related voluntary agreement, so that at the end of the three year period, if the housing does not qualify or is not provided in a sufficient amount to satisfy the terms of this section, the City shall receive (i) a cash contribution for housing in the amount determined pursuant to this section after credit for any qualifying housing then provided, plus (ii) an amount equal to interest on the contribution, at the rate equal to the prime rate quoted from time to time by Bank of America, or its successor, plus three percent per annum, from the date of issuance of the first building permit for the project using the bonus. If and when the City becomes entitled to realize on any security, the Director of Housing shall take appropriate steps to do so, and the amounts realized, net of any costs to the City, shall be used in the same manner as cash contributions for housing made under this section. In the case of any project proposing to use bonus floor area for which no building permit is required, references to the building permit in this subsection 23.49.012.B.1 shall mean the master use permit allowing establishment or expansion of the use for which bonus floor area is sought.

e. Nothing in this chapter shall be construed to confer on any owner or developer of housing, any party to a linkage agreement, or any assignee, any development rights or property interests. Because the availability and terms of allowance of bonus floor area depend upon the regulations in effect at the relevant time for the project proposing to use the bonus floor area, pursuant to Section 23.76.026, any approvals or agreements by the Director of Housing regarding the eligibility of actual or proposed housing as to satisfy conditions of a bonus, and any approval of a linkage agreement and/or assignment, do not grant any vested rights, nor guarantee that any bonus floor area will be permitted based on the housing.

f. The Director of Housing shall review the design and proposed management plan for any housing proposed under the performance option to determine whether it will comply with the terms of this section.

g. The Director of Housing is authorized to accept a voluntary agreement for the provision of housing and related agreements and instruments consistent with this section.

h. Any provision of any Director's rule notwithstanding, it shall be a continuing permit condition, whether or not expressly stated, for each project obtaining bonus floor area based on the provision of rental housing under this subsection 23.49.012.B.1, that the housing units shall continue to satisfy the applicable requirements of this subsection 23.49.012.B.1 throughout the required 50 year period and that compliance shall be documented annually to the satisfaction of the Director of Housing, and the owner of any project using the bonus floor area shall be in violation of this title if any the housing unit does not satisfy applicable requirements, or if satisfactory documentation is not provided to the Director of the Office of Housing, at any time during that period. The Director of Housing may provide by rule for circumstances in which housing units maybe replaced if lost due to casualty or other causes, and for terms and conditions upon which a cash contribution may be made in lieu of continuing to provide housing units under the terms of this subsection 23.49.012.B.1. If housing is provided for owner occupancy pursuant to an agreement under subsection 23.49.012.B.1, the owner of any project using the bonus floor area shall be in violation of this title if the first sale or other transfer of a housing unit after it becomes subject to that agreement is not made to a low-income household or is not made on the terms and subject to the recorded instrument provided in subsection 23.49.012.B.1.b.2, which shall be a continuing violation until that unit or another unit accepted by the Director of Housing in substitution for it is sold to a low-income household on those terms, and subject to a recorded instrument as described in that subsection.

i. Housing units provided to qualify for a bonus, or produced with voluntary contributions made under this section, should include a range of unit sizes, including units suitable for families with children. The Director of Housing is authorized to prescribe by rule minimum requirements for the range of unit sizes, by numbers of bedrooms, in housing provided to qualify for a bonus. The Director of Housing shall take into account, in any such rule, estimated distributions of household sizes among low-income households. The Director of Housing is further authorized to adopt policies for distribution of unit sizes in housing developments funded by contributions received under this section.

2. Child Care.

a. For each square foot of bonus floor area allowed under this section, in addition to providing housing or an alternative cash contribution pursuant to subsection 23.49.012.B.1, the applicant shall provide fully improved child care facility space sufficient for 0.000127 of a child care slot, or a cash contribution to the City of $3.25, to be administered by the Human Services Department. The Director of the Human Services Department may adjust the alternative cash contribution, no more frequently than annually, approximately in proportion to the change in the Consumer Price Index, All Urban Consumers, Seattle-Tacoma metropolitan area, All Items (1982-84=100), as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or successor index, or any other cost index that such Director may deem appropriate. The base year for the first such adjustment shall be 2001. The minimum interior space in the child care facility for each child care slot shall comply with all applicable state and local regulations governing the operation of licensed childcare providers. Child care facility space shall be deemed provided only if the applicant causes the space to be newly constructed or newly placed in child care use after the submission of a permit application for the project intended to use the bonus floor area, except as provided in subsection 23.49.012.B.2.b.6. If any contribution or subsidy in any form is made by any public entity to the acquisition, development, financing or improvement of any child care facility, then any portion of the space in such facility determined by the Director of the Human Services Department to be attributable to such contribution or subsidy shall not be considered as provided by any applicant other than that public entity.

b. Child care space shall be provided on the same lot as the project using the bonus floor area or on another lot in a downtown zone and shall be contained in a child care facility satisfying the following standards:

1) The child care facility and accessory exterior space must be approved for licensing by the State of Washington Department of Social and Health Services and any other applicable state or local governmental agencies responsible for the regulation of licensed childcare providers.

2) At least 20 percent of the number of child care slots for which space is provided as a condition of bonus floor area must be reserved for, and affordable to, families with annual incomes at or below the U.S. Department of Housing and Urban Development Low Income Standard for Section 8 Housing based on family size (or, if such standard shall no longer be published, a standard established by the Human Services Director based generally on 80 percent of the median family income of the Metropolitan Statistical Area, or division thereof, that includes Seattle, adjusted for family size). Child care slots shall be deemed to meet these conditions if they serve, and are limited to, a) children receiving child care subsidy from the City of Seattle, King County or State Department of Social and Health Services, and/or b) children whose families have annual incomes no higher than the above standard who are charged according to a sliding fee scale such that the fees paid by any family do not exceed the amount it would be charged, exclusive of subsidy, if the family were enrolled in the City of Seattle Child Care Subsidy Program.

3) Child care space provided to satisfy bonus conditions shall be dedicated to child care use, consistent with the terms of this section, for 20 years. The dedication shall be established by a recorded covenant, running with the land, and enforceable by the City, signed by the owner of the lot where the child care facility is located and by the owner of the lot where the bonus floor area is used, if different from the lot of the child care facility. The child care facility shall be maintained in operation, with adequate staffing, at least 11 hours per day, five days per week, 50 weeks per year.

4) Exterior space for which a bonus is or has been allowed under any other section of this title or under former Title 24 shall not be eligible to satisfy the conditions of this section.

5) Unless the applicant is the owner of the child care space and is a duly licensed and experienced child care provider approved by the Director of the Human Services Department, the applicant shall provide to the Director a signed agreement, acceptable to such Director, with a duly licensed child care provider, under which the child care provider agrees to operate the child care facility consistent with the terms of this section and of the recorded covenant, and to provide reports and documentation to the City to demonstrate such compliance.

6) One child care facility may fulfill the conditions for a bonus for more than one project if it includes sufficient space, and provides sufficient slots affordable to limited income families, to satisfy the conditions for each such project without any space or child care slot being counted toward the conditions for more than one project. If the child care facility is located on the same lot as one of the projects using the bonus, then the owner of that lot shall be responsible for maintaining compliance with all the requirements applicable to the child care facility; otherwise responsibility for such requirements shall be allocated by agreement in such manner as the Director of the Human Services Department may approve. If a child care facility developed to qualify for bonus floor area by one applicant includes space exceeding the amount necessary for the bonus floor area used by that applicant, then to the extent that the voluntary agreement accepted by the Director of the Human Services Department from that applicant so provides, such excess space may be deemed provided by the applicant for a later project pursuant to a new voluntary agreement signed by both such applicants and by any other owner of the child care facility, and a modification of the recorded covenant, each in form and substance acceptable to such Director.

c. The Director of the Human Services Department shall review the design and proposed management plan for any child care facility proposed to qualify for bonus floor area to determine whether it will comply with the terms of this Section 23.49.012. The allowance of bonus floor area is conditioned upon approval of the design and proposed management plan by the Director. The child care facility shall be constructed consistent with the design approved by such Director and shall be operated for the minimum 20 year term consistent with the management plan approved by such Director, in each case with only such modifications as shall be approved by such Director. If the proposed management plan includes provisions for payment of rent or occupancy costs by the provider, the management plan must include a detailed operating budget, staffing ratios, and other information requested by the Director to assess whether the child care facility may be economically feasible and able to deliver quality services.

d. The Director of the Human Services Department is authorized to accept a voluntary agreement for the provision of a child care facility to satisfy bonus conditions and related agreements and instruments consistent with this Section 23.49.012. The voluntary agreement may provide, in case a child care facility is not maintained in continuous operation consistent with this subsection 23.49.012.B.2 at any time within the minimum 20 year period, for the City's right to receive payment of a prorated amount of the alternative cash contribution that then would be applicable to a new project seeking bonus floor area. Such Director may require security or evidence of adequate financial responsibility, or both, as a condition to acceptance of an agreement under this subsection 23.49.012.B.2.

C. Cash Option Payments. Cash payments under voluntary agreements for bonuses shall be made prior to issuance of any building permit after the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued, or if the bonus is for use of existing floor area, the cash payment shall be made prior to issuance of any permit or modification allowing for use of the space as chargeable floor area. The payments shall be deposited in special accounts established solely to fund expenditures for the development of low-income housing and childcare. Earnings on balances in the special accounts shall accrue to those accounts. Cash payments made in lieu of providing low-income housing and any earnings thereon shall be deposited in the Low Income Housing Fund and used by the Director of Housing to support development of low-income housing, including renter or owner housing, which support may include financing property purchase for the purpose of providing low-income housing. Payments in lieu of low-income housing also may be used for loans or grants to low-income households for home purchases. The Human Services Director shall use cash payments made in lieu of child care facilities and any earnings thereon to support development of child care facilities. Uses of funds to support housing and child care facilities may include the City's costs to administer projects, not to exceed ten percent of total payments under this section and of any earnings thereon, and support provided through loans or grants to owners or developers. The location of low-income housing and child care facilities funded wholly or in part with cash payments shall be prioritized in the following order: 1) within the Downtown Urban Center; 2) within an Urban Center adjacent to the Downtown Urban Center; 3) in the City within 0.5 mile of a light rail or bus rapid transit station on a route serving the Downtown Urban Center; 4) in the City within 0.25 mile of a bus or streetcar stop on a route serving the Downtown Urban Center. Housing units that are funded with cash contributions under this section shall be generally comparable in their average size and quality of construction to other housing units in the same structure, in the judgment of the Director of Housing.

D. No Subsidies for Bonused Housing: Exception.

1. Intent. Housing provided through the bonus system is intended to mitigate a portion of the additional housing needs resulting from increased density, beyond those needs that would otherwise exist, which the City and other governmental and charitable entities attempt to meet through various subsidy programs. Allowing bonus floor area under the performance option for housing that uses such subsidy programs therefore could undermine the intent of this section.

2. Agreement Concerning Subsidies. The Director of the Office of Housing may require, as a condition of any bonus floor area for housing under the performance option, that the owner of the lot upon which the housing is located agree not to seek or accept any subsidies, including without limitation those items referred to in subsection D3 of this section, related to the housing, except for any subsidies that may be allowed by the Director of the Office of Housing under that subsection. The Director may require that such agreement provide for the payment to the City, for deposit in the Downtown Housing Bonus Account, of the value of any subsidies received in excess of any amounts allowed by such agreement.

3. No Bonus for Subsidized or Restricted Housing. In general, no bonus may be earned by providing housing if:

a. Any person is receiving or will receive with respect to the housing any charitable contributions or public subsidies for housing development or operation, including, but not limited to, tax exempt bond financing, tax credits, federal loans or grants. City of Seattle housing loans or grants, county housing funds, State of Washington housing funds, or property tax exemptions or other special tax treatment; or

b. The housing is or would be, independent of the requirements for the bonus, subject to any restrictions on the use, occupancy or rents.

4. Exceptions by Rule. The Director of the Office of Housing may provide, by rule promulgated after the effective date of this ordinance, for terms and conditions on which exceptions to the restriction on subsidies in this subsection may be allowed. Such rule may provide that, as a condition to any exception, the Director of the Office of Housing shall increase the amount of housing floor area per bonus square foot, as set forth in subsection B1 of this section, to an amount that allows credit for only the Director's estimate of the incremental effect, in meeting the City's housing needs for the next fifty (50) years, of the net financial contribution that is being made by the applicant pursuant to the voluntary agreement and not funded or reimbursed, directly or indirectly, from any other source.

(Ord. 122990, § 1, 2009; Ord. 122054 § 14, 2006; Ord. 120443 §§ 7, 8, 2001)

23.49.013 Bonus floor area for amenities

A. An applicant may achieve a portion of the chargeable floor area to be established in addition to base FAR through bonuses for amenities, subject to the limits in this chapter. Amenities for which bonuses may be allowed are limited to:

1. Public open space amenities, including hillside terraces on sites shown as eligible for bonuses on Map 1J, urban plazas in DOC1, DOC2 and DMC 340/290-400 zones, parcel parks in DOC1, DOC2, DMC, DMR, and IDM zones, public atria in DOC1, DOC2, DMC 340/290-400, and DMC 85/65-150 zones, green street improvements and green street setbacks on designated green streets;

2. Hillclimb assists or shopping corridors on sites shown as eligible for these respective bonuses on Map 1J;

3. Human services uses as follows:

a. Information and referral for support services;

b. Health clinics;

c. Mental health counseling services;

d. Substance abuse prevention and treatment services;

e. Consumer credit counseling;

f. Day care services for adults;

g. Jobs skills training services;

4. Public restrooms;

5. For projects in a DOC1, DOC2, or DMC 340/290-400 zone, rehabilitation and preservation of Landmark performing arts theaters, provided that the following conditions are met:

a. the theater contains space that was designed for use primarily as, or is suitable for use as, a performing arts theater;

b. the theater is located in a DOC1, DOC2, DRC, or DMC zone;

c. the theater is a designated Landmark pursuant to Chapter 25.12;

d. the theater is subject to an ordinance establishing an incentive and controls, or the owner of the theater executes, prior to the approval of a floor area bonus under any agreement with respect to such theater, an incentives and controls agreement approved by the City Landmarks Preservation Board;

e. the theater has, or will have upon completion of a proposed plan or rehabilitation, a minimum floor area devoted to performing arts theater space and accessory uses of at least 20,000 square feet; and

f. The theater will be available, for the duration of any commitment made to qualify for a floor area bonus, for live theater performances no fewer than 180 days per year; and

6. Transit station access for fixed rail transit facilities.

B. Standards for Amenities

1. Location of Amenities. Amenities provided by the applicant by performance shall be located on the lot using the bonus, except as follows:

a. Green street improvements may be located within an abutting right-of-way subject to applicable Director's rules.

b. An open space amenity, other than green street improvements, may be on a lot other than the lot using the bonus, provided that it is within a Downtown zone and all of the following conditions are satisfied:

1) The open space must be open to the general public without charge, must meet the eligibility conditions of the Downtown Amenity Standards, and must be one of the open space features cited in subsection 23.49.013.A.1.

2) The open space must be within ¼ mile of the lot using the bonus, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4.

3) The open space must have a minimum contiguous area of 5,000 square feet, except as may be permitted pursuant to subsection 23.49.013.B.1.b.4.

4) Departures from standards for the minimum size of off-site open space and maximum distance from the project may be allowed by the Director as a Type I decision if the Director determines that if such departures are approved, the proposed open space will meet the additional need for open space caused by the project, and improve public access to the open space compared to provision of the open space on-site.

5) The owner of any lot on which off-site open space is provided to meet the requirements of this Section 23.49.013 shall execute and record an easement or other instrument in a form acceptable to the Director assuring compliance with the requirements of this Section 23.49.013, including applicable conditions of the Downtown Amenity Standards.

c. Public restrooms shall be on a ground floor; shall satisfy all codes and accessibility standards; shall be open to the general public during hours that the structure is open to the public, although access may be monitored by a person located at the restroom facility; shall be maintained by the owner of the structure for the life of the structure that includes the bonused space; and shall be designated by signs sufficient so that they are readily located by pedestrians on an abutting street or public open space. The Director is authorized to establish standards for the design, construction, operation and maintenance of public restrooms qualifying for a bonus, consistent with the intent of this subsection 23.49.013.B.1.c to encourage the provision of accessible, clean, safe and environmentally sound facilities.

2. Options for Provision of Amenities.

a. Amenities must be provided by performance except as expressly permitted in this Section 23.49.013. The Director may accept a cash payment for green street improvements and a related voluntary agreement from the applicant, subject to this Section 23.49.013, the Downtown Amenity Standards and the Green Street Director's Rule, DR 11-2007, if the Director determines that improvement of a green street abutting or in the vicinity of the lot within a reasonable time is feasible. The cash payment must be in an amount sufficient to improve fully 1 square foot of green street space for each 5 square feet of bonus floor area allowed for such payment. The cash payment shall be maintained in a restricted account and shall be used to improve a green street abutting or in the vicinity of the lot.

b. Rehabilitation and preservation of a Landmark performing arts theater may consist of financial assistance provided by the applicant for rehabilitation work on a Landmark performing arts theater, or for retirement of the cost of improvements made after February 5, 1993, if:

1) The assistance is provided pursuant to a linkage agreement between the applicant and the owner of the Landmark performing arts theater satisfactory to the Director, in which such owner agrees to use such financial assistance to complete such rehabilitation and agrees that the applicant is entitled to all or a portion of the bonus floor area that may be allowed therefor;

2) The owner of the Landmark performing arts theater executes and records covenants enforceable by the City, agreeing to maintain the structure and the performing arts theater use, consistent with the Downtown Amenity Standards; and

3) Prior to the issuance of any building permit after the first building permit for the project using the bonus, and in any event before any permit for any construction activity other than excavation and shoring issued for that project, unless the rehabilitation work has then been completed, the applicant posts security for completion of that work, consistent with the Downtown Amenity Standards.

3. Ratios and limits.

a. Amenities may be used to gain floor area according to the applicable ratios, and subject to the limits in Section 23.49.011 and in Table A for 23.49.013.

Table A for 23.49.013 Downtown AmenitiesAmenity
Zone Location of Lots Eligible to Use Bonus Bonus RatioMaximum square feet (SF) of floor area eligible for a bonus or maximum floor area gain
DOC1DOC2DMC 340/290-400DMC 125, DMC 160, DMC 85/65-150, and DMC 240/290-400DRCDMRIDM
Hillside TerraceOnly eligible for bonus at locations specified on Map 1J of Chapter 23.495:16,000 SF
Urban PlazaXXX5:115,000 SF
Commercial Parcel ParkXXXXX5:17,000 SF
Residential Parcel ParkXXXX5:112,000 SF
Green Street Parcel ParkEligible for bonus only on lots abutting a designated green street5:17,000 SF
Public AtriumXXX5:15,500 SF
Green Street ImprovementEligible for bonus only on lots abutting a designated green street5:1No limit
Green Street SetbackEligible for bonus only on lots abutting a designated green street that are not subject to property line street wall requirement1:110 times the length of lot's green street frontage
Hillclimb AssistOnly eligible for bonus at locations specified on Map 1J of Chapter 23.49Not applicableMaximum gain of 0.5 FAR
Shopping CorridorOnly eligible for bonus at locations specified on Map 1J of Chapter 23.495:17,200 SF
Transit Station AccessXXXXXXNot ApplicableMaximum gain of 1.0 FAR
Public RestroomXXXXXX7:1No limit
Human ServicesXXXXXX7:110,000 SF
Preservation of Landmark TheaterXXXVariable; maximum of 12:1Maximum gain of 1.0 FAR
"X" indicates that bonus is potentially available.

b. Any bonus for rehabilitation and preservation of a Landmark performing arts theater shall not exceed a maximum of one FAR. Such bonus may be allowed at a variable ratio, as described in the Downtown Amenity Standards, of up to 12 square feet of floor area granted per 1 square foot (12:1) of performing arts theater space rehabilitated by the applicant, or previously rehabilitated so as to have a useful life at the time the bonus is allowed of no less than 20 years, in each case consistent with any controls applicable to the Landmark performing arts theater and any certificates of approval issued by the Landmarks Preservation Board. For purposes of this subsection, performing arts theater space shall consist only of the following: stage; audience seating; theater lobby; backstage areas such as dressing and rehearsal space; the restrooms for audience, performers and staff; and areas reserved exclusively for theater storage. For any Landmark performing arts theater from which TDR has been transferred, or that has received any public funding or subsidy for rehabilitation or improvements, the bonus ratio shall be limited, pursuant to a subsidy review, to the lowest ratio, as determined by the Director of Housing, such that the benefits of the bonus, together with the value of any TDR and any public funding or subsidy, are no more than the amounts reasonably necessary to make economically feasible:

1) The rehabilitation and preservation of the Landmark performing arts theater; and

2) Any replacement by the owner of such theater of low-income housing that is reasonably required to be eliminated from the lot of the Landmark performing arts theater to make rehabilitation, preservation and operation of the performing arts theater economically feasible.

4. Downtown Amenity Standards.

a. The Director shall approve a feature for a bonus if the Director determines that the feature satisfies the eligibility conditions of the Downtown Amenity Standards, and that the feature carries out the intent of this Section 23.49.013 and the guidelines in the Downtown Amenity Standards.

b. The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, if the applicant can demonstrate that the amenity better achieves the intent of the amenity as described in this Chapter 23.49 and the Downtown Amenity Standards, and that the departure is consistent with any applicable criteria for allowing the particular type of departure in the Downtown Amenity Standards.

c. The Director may allow departures from the eligibility conditions in the Downtown Amenity Standards as a Type I decision, to allow floor area in a Landmark structure satisfying the standards of subsection 23.49.011.A.2.k or in a small structure satisfying the standards of subsection 23.49.011.A.2.l to qualify as floor area eligible for a bonus if adapted to serve as a hillclimb assist, museum, shopping corridor, or public atrium amenity.

d. The Director may condition the approval of a feature for a bonus as provided in the Downtown Amenity Standards.

5. Open Space Amenities. Open space amenities must be newly constructed on a lot in a Downtown zone in compliance with the applicable provisions of this chapter and the Downtown Amenity Standards.

6. Declaration. If amenities are to be provided on-site for purposes of obtaining bonus floor area, the owner shall execute and record a declaration in a form acceptable to the Director identifying the features and the fact that the right to develop and occupy a portion of the gross floor area on the site is based upon the long-term provision and maintenance of those amenities.

7. Duration; Alteration. All bonused amenities shall be provided and maintained in accordance with the applicable provisions of this Section 23.49.013 and the Downtown Amenity Standards for as long as the portion of the chargeable floor area gained by the amenities exists. A permit is required to alter or remove any bonused amenity.

(Ord. 123589, § 11, 2011; Ord. 123046, § 65, 2009; Ord. 122524, § 2, 2007; Ord. 122054 § 15, 2006; Ord. 120443 § 9, 2001.)

23.49.014 Transfer of development rights

A. General Standards.

1. The following types of TDR may be transferred to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this Chapter 23.49:

a. Housing TDR;

b. DMC housing TDR;

c. Landmark housing TDR;

d. Landmark TDR;

e. Open space TDR; and

f. South Downtown Historic TDR.

2. In addition to transfers permitted under subsection 23.49.014.A.1, TDR may be transferred from any lot to another lot on the same block, as within-block TDR, to the extent permitted in Table A for 23.49.014, subject to the limits and conditions in this chapter.

3. A lot's eligibility to be either a sending or receiving lot is regulated by Table A for 23.49.014.

4. Except as expressly permitted pursuant to this Chapter 23.49, development rights or potential floor area may not be transferred from one lot to another.

5. No permit after the first building permit, and in any event, no permit for any construction activity other than excavation and shoring or for occupancy of existing floor area by any use based upon TDR, will be issued for development that includes TDR until the applicant's possession of TDR is demonstrated according to rules promulgated by the Director to implement this section.

Table A for 23.49.014
TDR Transferable Within-blockTypes of TDR Transferable Within or Between Blocks
Zones1Transfer from any lot within the same Downtown blockHousing TDRDMC Housing TDRLandmark TDR and Landmark Housing TDROpen Space TDRSouth Downtown Historic TDR
DOC1 and DOC2S, RS, RXS, RS, RR
DRCS, R 2S, R 2XS, R 2S, R 2R
DMC zones with maximum 10 FARS, RS, RSS, RS, RR
DMC zones with maximum 7 FARS 3S, RS, RS, RS, RR
DMC 85XS, RXS, RS, RR
DMC 65 and DMC 85/65-150XSXSSR
DMRXS, R 4XS, R 4S, R 4R4
IDRXSXXSS
IDR/CXSXXS, R 5S
IDMXS, RXXS, R 5S, R
PSMXSXXS 5S, R
S = Eligible sending lot. R = Eligible receiving lot. X = Not permitted. NOTES 1 Development rights may not be transferred to or from lots in the following zones: PMM; DH1 or DH2. 2 Transfers to lots in a DRC zone are permitted only from lots that also are zoned DRC. 3 Transfers are permitted only from lots zoned DMC to lots zoned DOC1. 4 Transfers to lots in a DMR zone are permitted only from lots that also are zoned DMR except that transfer of TDR to a lot in a DMR zone located in South Downtown is permitted from any eligible sending lot in South Downtown. 5 Transfers of open space TDR to lots in South Downtown are permitted only from lots that are also located in South Downtown.

B. Standards for Sending Lots.

1. Maximum transferable floor area except from lots in South Downtown. This subsection 23.49.014.B.1 applies to sending lots that are not in South Downtown.

a. The maximum amount of floor area that may be transferred, except as open space TDR, Landmark TDR, or Landmark housing TDR, from an eligible sending lot, is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds the sum of any chargeable gross floor area existing or, if a DMC housing TDR site, to be developed on the sending lot, plus any TDR previously transferred from the sending lot.

b. The maximum amount of floor area that may be transferred from an eligible open space TDR site is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds the sum of (a) any existing chargeable gross floor area that is built on or over the portion of the sending lot that is not made ineligible by subsection 23.49.017.C, plus (b) the amount, if any, by which the total of any other chargeable floor area on the sending lot exceeds the product of the base FAR of the sending lot, as provided in Section 23.49.011, multiplied by the difference between the total lot area and the eligible lot area, plus (c) any TDR previously transferred from the sending lot.

c. The maximum amount of floor area that may be transferred from an eligible Landmark housing TDR site is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds TDR previously transferred from the sending lot, if any.

d. The maximum amount of floor area that may be transferred from an eligible Landmark TDR site, if the chargeable floor area of the landmark structure is less than or equal to the base FAR permitted in the zone, is equivalent to the base FAR of the sending lot, minus any TDR that have been previously transferred. For landmark structures having chargeable floor area greater than the base FAR of the zone, the amount of floor area that may be transferred is limited to an amount equivalent to the base FAR of the sending lot minus the sum of (a) any chargeable floor area of the landmark structure exceeding the base FAR and (b) any TDR that have been previously transferred.

e. For purposes of this subsection 23.49.014.B.1, the eligible lot area is the total area of the sending lot, reduced by the excess, if any, of the total of accessory surface parking over 1/4 of the total area of the footprints of all structures on the sending lot; and for an open space TDR site, further reduced by the area of any portion of the lot ineligible under subsection 23.49.017.C.

2. TDR from lots in South Downtown. This subsection 23.49.014.B.2 applies to sending lots in South Downtown.

a. If the sending lot is located in a PSM or IDM zone, then subject to any lower limit under this subsection 23.49.014.B.2, the gross floor area that may be transferred is six times the lot area, minus the sum of any existing chargeable floor area and further reduced by any TDR previously transferred from the sending lot.

b. If the sending lot is not located in a PSM or IDM zone, then subject to any lower limit under this subsection 23.49.014.B.2, the gross floor area that may be transferred is the amount by which the product of the eligible lot area times the base FAR of the sending lot, as provided in Section 23.49.011, exceeds the sum of any chargeable floor area existing on the sending lot, plus any TDR previously transferred from the sending lot.

c. The cumulative amount of housing TDR transferred from any lot in South Downtown shall not exceed three times the lot area.

d. The cumulative amount of open space TDR transferred from any lot in South Downtown shall not exceed three times the lot area.

e. The cumulative amount of South Downtown Historic TDR transferred from any lot shall not exceed three times the lot area.

f. The cumulative combined amount of TDR and TDP transferred from any lot in South Downtown shall not exceed six times the lot area.

g. For purposes of this subsection 23.49.014.B.2, the eligible lot area is the total area of the sending lot, reduced by the excess, if any, of the total of accessory surface parking over 1/4 of the total area of the footprints of all structures on the sending lot; and for an open space TDR site, further reduced by any portion of the lot ineligible under subsection 23.49.017.C.

3. Effect of transfer in zones with base FAR limits. If TDR are transferred from a sending lot in a zone with a base FAR limit, except an IDM zone, the amount of chargeable floor area that may then be established on the sending lot is equal to the amount by which the area of the lot, multiplied by the applicable base FAR limit set in Section 23.49.011, exceeds the total of:

a. The existing chargeable floor area on the lot; plus

b. The amount of gross floor area transferred from the lot.

4. Effect of transfer in PSM and IDM zones.

a. If TDR are transferred from a sending lot in a PSM zone, the amount of chargeable floor area that may then be established on the sending lot is equal to the amount by which the total gross floor area that could have been built on the sending lot consistent with applicable development standards as determined by the Director had no TDR been transferred exceeds the sum of:

1) The existing chargeable floor area on the lot; plus

2) The gross floor area of TDR transferred from the lot.

b. If TDR are transferred from a sending lot in an IDM zone, the amount of chargeable floor area that may then be established on the sending lot shall not exceed the amount by which the applicable base FAR limit in Section 23.49.011 multiplied by the lot area exceeds the sum of:

1) The existing chargeable floor area on the lot; plus

2) The gross floor area of TDR transferred from the lot.

5. TDR from lots with more than base FAR not allowed; exception. Gross floor area allowed above base FAR under any bonus provisions of this Title 23 or the former Title 24, or allowed under any exceptions or waivers of development standards, may not be transferred. TDR may be transferred from a lot that contains chargeable floor area exceeding the base FAR only if the TDR are from an eligible Landmark TDR site, consistent with subsection 23.49.014.B.1.c, or to the extent, if any, that:

a. TDR were previously transferred to such lot in compliance with the Land Use Code provisions and applicable rules then in effect;

b. Those TDR, together with the base FAR under Section 23.49.011, exceed the chargeable floor area on the lot and any additional chargeable floor area for which any permit has been issued or for which any permit application is pending; and

c. The excess amount of TDR previously transferred to such lot would have been eligible for transfer from the original sending lot under Section 23.49.014 at the time of their original transfer from that lot.

6. Rehabilitation of Landmark structures and contributing structures. Landmark structures on sending lots from which Landmark TDR or Landmark housing TDR are transferred shall be rehabilitated and maintained as required by the Landmarks Preservation Board. Contributing structures under Section 23.66.032 on sending lots from which South Downtown Historic TDR are transferred shall be rehabilitated and maintained as required by the Director of Neighborhoods upon recommendation by the International Special Review District Board or the Pioneer Square Preservation Board.

7. Rehabilitation of housing. Housing on lots from which housing TDR are transferred shall be rehabilitated to the extent required to provide decent, sanitary and habitable conditions, in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer, as approved by the Director of Housing. Landmark buildings on lots from which Landmark housing TDR are transferred shall be rehabilitated to the extent required to provide decent, sanitary and habitable housing, in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer, as approved by the Director of Housing and Director of Neighborhoods. If housing TDR or Landmark housing TDR are proposed to be transferred prior to the completion of work necessary to satisfy this subsection 23.49.014.B.7, the Director of Housing may require, as a condition to such transfer, that security be deposited with the City to ensure the completion of such work.

8. Low-income housing units. The housing units on a lot from which housing TDR, Landmark housing TDR, or DMC housing TDR are transferred, and that are committed to low-income housing use as a condition to eligibility of the lot as a TDR sending lot, shall be generally comparable in their average size and quality of construction to other housing units in the same structure, in the judgment of the Director of Housing, after completion of any rehabilitation or construction undertaken in order to qualify as a TDR sending lot.

9. Standards for eligibility as a South Downtown Historic TDR sending lot.

a. In order to be eligible to transfer South Downtown Historic TDR, a lot must contain a structure that includes at least 5,000 gross square feet in above-grade space and was finally determined to be a contributing structure under Section 23.66.032.

b. Contributing structures on a sending lot from which South Downtown Historic TDR are transferred shall be rehabilitated and maintained as required by the Director of Neighborhoods.

c. As a condition to finally allow the transfer of South Downtown Historic TDR from a lot, the applicant must certify that the contributing structure continues to meet any conditions identified by the Director of Neighborhoods pursuant to subsection 23.66.032.C within no more than three years prior to the recordation of the deed conveying the TDR from the sending lot.

d. South Downtown Historic TDR shall not be transferred from a lot from which South Downtown Historic TDP has been transferred or from a lot on which any extra floor area has been established based on the presence of a contributing structure.

C. Limit on within-block TDR. Any receiving lot is limited to a gain of 15 percent of the floor area above the first increment of FAR above the base FAR, as specified in subsection 23.49.011.A.2.a, from TDR from sending lots that are eligible to send TDR solely because they are on the same block as the receiving lot.

D. Transfer of Development Rights Deeds and Agreements.

1. The fee owners of the sending lot shall execute a deed with the written consent of all holders of encumbrances on the sending lot, unless (in the case of TDR from a housing TDR site, Landmark housing TDR site or DMC housing TDR site) such consent is waived by the Director of Housing for good cause, which deed shall be recorded in the King County real property records. If TDR are conveyed to the owner of a receiving lot described in the deed, then unless otherwise expressly stated in the deed or any subsequent instrument conveying such lot or the TDR, the TDR shall pass with the receiving lot whether or not a structure using such TDR shall have been permitted or built prior to any conveyance of the receiving lot. Any subsequent conveyance of TDR previously conveyed to a receiving lot shall require the written consent of all parties holding any interest in or lien on the receiving lot from which the conveyance is made. If the TDR are transferred other than directly from the sending lot to the receiving lot using the TDR, then after the initial transfer, all subsequent transfers also shall be by deed, duly executed, acknowledged and recorded, each referring by King County recording number to the prior deed. Any deed conveying any South Downtown Historic TDR from the sending lot shall include a sworn certification by the grantor to the effect that one or more structures on the sending lot have been finally determined to be contributing structures pursuant to Section 23.66.032, and that since the date of such determination there have been no material changes to any contributing structure on the sending lot, except pursuant to a certificate of approval specifically stating that the authorized change will not affect the status of the structure as a contributing structure. Any false certification by the grantor in a deed under this subsection 23.49.014.D.1 is a violation of this title.

2. Any person may purchase any TDR that are eligible for transfer by complying with the applicable provisions of this Section 23.49.014, whether or not the purchaser is then an applicant for a permit to develop downtown real property. Any purchaser of such TDR (including any successor or assignee) may use such TDR to obtain chargeable floor area above the applicable base on a receiving lot to the extent such use of TDR is permitted under the Land Use Code provisions in effect on the date of vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDR. The Director may require, as a condition of processing any permit application using TDR or for the release of any security posted in lieu of a deed for TDR to the receiving lot, that the owner of the receiving lot demonstrate that the TDR have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDR are not available for retransfer.

3. For transfers of housing TDR, Landmark housing TDR, or DMC housing TDR, the owner of the sending lot shall execute and record an agreement, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of Housing for good cause, to provide for the maintenance of the required housing on the sending lot for a minimum of 50 years. Such agreement shall commit to limits on rent and occupancy, consistent with the definition of housing TDR site, Landmark housing TDR site, or DMC housing TDR site, as applicable, and acceptable to the Director of Housing.

4. For transfers of Landmark TDR or Landmark housing TDR, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Landmarks Preservation Board providing for the rehabilitation and maintenance of the historically significant features of the structure or structures on the lot.

5. For transfers of South Downtown Historic TDR, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Director of Neighborhoods in consultation with the International Special Review District Board or the Pioneer Square Preservation Board providing for the rehabilitation and maintenance of historically or architecturally significant features of a contributing structure or structures on the lot.

6. A deed conveying TDR may require or permit the return of the TDR to the sending lot under specified conditions, but notwithstanding any such provisions:

a. The transfer of TDR to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and

b. The City shall not be required to recognize any return of TDR unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDR back to the sending lot and any lien holders have released any liens thereon.

7. Any agreement governing the use or development of the sending lot shall provide that its covenants or conditions shall run with the land and shall be specifically enforceable by The City of Seattle.

E. TDR Sales Before Base FAR Increases and Changes in Exemptions. Except for transfers of TDR from a sending lot with a major performing arts facility, transfers of TDR from any lot from which a TDR transfer was made prior to August 26, 2001 are limited to the amount of TDR available from such lot immediately prior to that date.

F. Projects Developed Under Prior Code Provisions.

1. Any project that is developed pursuant to a master use permit issued under the provisions of this title as in effect prior to August 26, 2001, which permit provides for the use of TDR, may use TDR that were transferred from the sending lot consistent with such prior provisions prior to August 26, 2001.

2. In addition or in the alternative, such a project may use TDR that are transferred from a sending lot on or after August 26, 2001.

3. The use of TDR by any such project must be consistent with the provisions of Title 23 applicable to the project, including any limits on the range of FAR in which a type of TDR may be used, except that open space TDR may be used by such a project in lieu of any other TDR or any bonus, or both, allowable under such provisions.

G. TDR Satisfying Conditions to Transfer Under Prior Code.

1. If the conditions to transfer Landmark TDR, as in effect immediately prior to August 26, 2001, were satisfied on or before December 31, 2001, such TDR may be transferred from the sending lot in the amounts eligible for transfer as determined under the provisions of this Title 23 in effect immediately prior to August 26, 2001. If the conditions to transfer housing TDR were satisfied prior to August 26, 2001 under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot in the amounts eligible for transfer immediately prior to that date. If the conditions to transfer TDR from a major performing arts facility were satisfied prior to August 26, 2001 under the provisions of this Title 23 then in effect, such TDR may be transferred from the sending lot after that date, for use on any receiving lots in zones where housing TDR may be used according to Table A for 23.49.014 or as provided in Section 23.50.053, in an amount as determined under subsection 23.49.014.B, provided that the cumulative amount of TDR that may be transferred after June 1, 2005 from any sending lot based on the presence of a major performing arts facility is limited to 150,000 square feet.

2. For purposes of this subsection, conditions to transfer include, without limitations, the execution by the owner of the sending lot, and recording in the King County real property records, of any agreement required by the provisions of this Title 23 or the Public Benefit Features Rule in effect immediately prior to August 26, 2001, but such conditions do not include any requirement for a master use permit application for a project intending to use TDR, or any action connected with a receiving lot. TDR transferable under this subsection 23.49.014.G are eligible either for use consistent with the terms of Section 23.49.011 or Section 23.50.051 or for use by projects developed pursuant to permits issued under the provisions of this Title 23 in effect prior to August 26, 2001. The use of TDR transferred under this subsection 23.49.014.G on the receiving lot shall be subject only to those conditions and limits that apply for purposes of the master use permit decision for the project using the TDR.

H. Time of Determination of TDR Eligible for Transfer. Except as stated in subsection 23.49.014.G, the eligibility of a sending lot to transfer TDR, and the amount transferable from a sending lot, shall be determined as of the date of transfer from the sending lot and shall not be affected by the date of any application, permit decision or other action for any project seeking to use such TDR.

I. Use of Previously Transferred TDR by New Projects. Any project using TDR according to applicable limits on types and amounts of TDR in Section 23.49.011 may use TDR that were transferred from the sending lot consistent with the provisions of this Title 23 in effect at the time of such transfer. For purposes of this subsection 23.49.014.I, the owner of TDR that were transferred based upon a housing commitment accepted by the City shall be entitled to have such TDR considered as housing TDR.

(Ord. 123589, § 12, 2011; Ord. 123046, §§ 34, 65, 2009; Ord. 122611, § 3, 2007; Ord. 122054 § 16, 2006; Ord. 121874 § 2, 2005; Ord. 120967 §§ 4,5, 2003; Ord. 120443 § 11, 2001.)

23.49.015 Bonus residential floor area in DOC1, DOC2 and DMC zones outside South Downtown for voluntary agreements for low-income housing and moderate-income housing

A. General Provisions.

1. The purpose of this Section 23.49.015 is to encourage residential development in addition to that authorized by basic zoning regulations ("bonus development"), provided that certain adverse impacts from the bonus development are mitigated. This Section 23.49.015 does not apply within South Downtown. "Basic zoning regulations" for purposes of this Section 23.49.015 are the provisions of Section 23.49.008 that determine base height limits for residential use in DOC1, DOC2 and DMC zones, and for DMC zones, the provisions of Section 23.49.058 that determine the maximum average floor area per story. The City has determined that one impact of high-rise residential development is an increased need for low-income housing and moderate-income housing to house the families of workers having lower paid jobs who serve the residents of such development. The City also finds that DOC1, DOC2, and DMC zones are areas in which increased residential development will assist in achieving local growth management and housing policies, and has determined that increased residential development capacity and height of residential structures can be achieved within these zones, subject to consideration of other regulatory controls on development. The City Council finds that in the case of affordable housing for rental occupancy, use of the income level for low-income housing rather than a lower level is necessary to address local housing market conditions, and that in the case of affordable housing for owner occupancy, higher income levels than those for low-income housing are needed to address local housing market conditions. The City hereby adopts the extension of the authority of RCW 36.70A.540, as amended, and enacts this Section 23.49.015 pursuant to such authority, in addition to the City's preexisting authority. To the extent that any provision of this Section 23.49.015 or the application thereof to any project for which a Master Use Permit application is considered under the Land Use Code as in effect after June 7, 2006 would conflict with any requirement of RCW 36.70A.540, as it may be amended, the terms of this Section 23.49.015 shall be deemed modified to conform to the applicable requirements of RCW 36.70A.540.

2. An applicant may elect to seek bonus development under this section only for a project in a DOC1, DOC2 or DMC zone that includes residential development. If an applicant elects to seek approval of bonus development under this section, the applicant must execute a voluntary agreement with the City in which the applicant agrees to provide mitigation for impacts described in subsection A1 of this section. The mitigation may be provided in the form of low-income housing or moderate-income housing, or both, either within or adjacent to the residential project using the bonus development (the "performance option"), by paying the City to build or provide the housing (the "payment option"), or by a combination of the performance and payment options.

3. No bonus development under this section shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure unless a Certificate of Approval for the alteration is granted by the Landmarks Preservation Board.

4. No bonus development under this section shall be granted for any housing in a new structure unless the applicant makes a commitment that the structure shall earn a LEED Silver rating. When such a commitment is made, the provisions of SMC Section 23.49.020 shall apply. This subsection 4 shall expire and be of no further effect five (5) years after the effective date of this ordinance.

5. The Master Use Permit application to establish any bonus development under this section shall include a calculation of the amount of bonus development sought and shall identify the manner in which the conditions to such bonus development shall be satisfied. The Director shall, at the time of issuance of any Master Use Permit decision approving any such bonus development, issue a Type I decision as to the amount of bonus development to be allowed and the conditions to such bonus development, which decision may include alternative means to achieve bonus development, at the applicant's option, if each alternative would be consistent with this section and any other conditions of the permit, including Design Review conditions if applicable.

B. Voluntary Agreements for Housing.

1. The voluntary agreement shall commit the applicant to provide or contribute to low-income housing or moderate-income housing, or both, in an amount as set forth in this subsection B. The quantities in this subsection are based on findings of an analysis that quantifies the linkages between new market-rate units in high-rise residential structures in DOC1, DOC2, and DMC zones and the demand that residents of such units generate for low-income housing and moderate-income housing. The amount of such housing and income levels served, and the amount of any cash payment, shall be determined as follows:

a. For the performance option, the applicant shall provide, as low-income housing or moderate-income housing, net rentable floor area equal to eleven (11) percent of the net residential floor area sought as bonus development, computed by multiplying the following sum by an efficiency factor of eighty (80) percent: (i) the total square footage of gross residential floor area to be developed on the lot above the base height limit for residential use under SMC Section 23.49.008, plus (ii) the excess, if any, in each tower to be developed on the lot, of (X) the total number of square feet of gross residential floor area between the height of eighty-five (85) feet and such base height limit, over (Y) the product of the "average residential gross floor area limit of stories above 85 feet if height does not exceed the base height limit for residential use" as provided in Table 23.49.058D1, column 2, multiplied by the number of stories with residential use in such tower above eighty-five (85) feet and below such base height limit. All low-income housing or moderate-income housing provided under the performance option shall be on the lot where the bonus development is used or an adjacent lot. The adjacent lot must be within the block where the bonus development is used and either abut the lot where bonus development is used, or be separated only by public right-of-way. All rental housing provided under the performance option shall be low-income housing.

b. For the payment option, the applicant shall pay the lesser of the following:

(1) an amount that equals the approximate cost of developing the same number and quality of housing units that would be developed under the performance option, as determined by the Director; or

(2) (i) in DMC zones, Ten Dollars ($10) per square foot of net residential floor area sought as bonus development between the height of eighty-five (85) feet and the base height limit for residential use under Section 23.49.008, Fifteen Dollars ($15) per square foot of the net residential floor area of the first four (4) stories above the base height limit for residential use, Twenty Dollars ($20) per square foot of net residential floor area of the next three (3) stories, and Twenty-five Dollars ($25) per square foot of net residential floor area of the higher stories, not to exceed an average of Eighteen Dollars and Ninety-four Cents ($18.94) per square foot of net residential floor area sought as bonus development; and

(ii) in DOC1 and DOC2 zones, Eighteen Dollars and Ninety-four Cents ($18.94) per square foot of net residential floor area sought as bonus development above the base height limit for residential use under Section 23.49.008. Net residential floor area shall be computed by multiplying the total gross floor area sought as bonus development by an efficiency factor of eighty (80) percent. The full amount must be paid to the City in cash, except that if the City shall approve by ordinance the acceptance of specific real property in lieu of all or part of the cash payment, the Housing Director may accept such real property.

2. Each low-income housing unit provided as a condition to the bonus allowed under this section shall serve only households with incomes at or below eighty (80) percent of median income at the time of their initial occupancy. Each moderate-income housing unit provided as a condition to the bonus allowed under this section shall serve only as owner-occupied housing for households with incomes no higher than median income at the time of their initial occupancy. For rental housing, housing costs, including rent and basic utilities, shall not exceed thirty (30) percent of eighty (80) percent of median income, adjusted for the average size of family expected to occupy the unit based on the number of bedrooms, all as determined by the Housing Director, for a minimum period of fifty (50) years. For owner-occupied housing, the initial sale price shall not exceed an amount determined by the Housing Director to be consistent with affordable housing for a moderate-income household with the average family size expected to occupy the unit based on the number of bedrooms, and the units shall be subject to recorded instruments satisfactory to the Housing Director providing for sales prices on any resale consistent with affordability on the same basis. The Housing Director may promulgate rules specifying the method of determining affordability, including eligible monthly housing costs. The Housing Director may also promulgate rules for determining whether units satisfy the requirements of this section and any requirements relating to down-payment amount, design, quality, maintenance and condition of the low-income housing or moderate-income housing.

3. For purposes of this section, housing may be considered to be provided by the applicant seeking bonus development under the performance option if the housing satisfies all of the following conditions:

(i) It is committed to serve an eligible income group, and for a time period, referred to in this section pursuant to an agreement between the housing owner and the City.

(ii) The agreement required by subsection (i) is executed and recorded prior to the issuance of the master use permit to establish the use for the project using the bonus development, but except when subsection (iii)(B) below applies, no earlier than one (1) year prior to issuance of that master use permit.

(iii) Either (A) the Certificate of Occupancy for the new low-income housing or moderate income housing, or both, must be issued within three (3) years of the date the Certificate of Occupancy is issued for the project using the bonus development, unless the Housing Director approves an extension based on delays that the applicant or housing developer could not reasonably have avoided, or (B) only in the case of low-income housing on a lot adjacent to the project using bonus development, which housing is subject to a regulatory agreement related to long-term City financing of low-income housing and was developed under a master use permit issued pursuant to a decision that considered the housing together with a project then proposed on that adjacent site, a final Certificate of Occupancy for the low-income housing was issued within five (5) years of the building permit issuance for the project proposed for bonus development on the adjacent lot.

(iv) If the low-income housing or moderate-income housing is not owned by the applicant, then the applicant made a financial contribution to the low-income housing or moderate-income housing, or promised such contribution and has provided to the City an irrevocable, unconditional letter of credit to ensure its payment, in form and content satisfactory to the Housing Director, in either case in an amount determined by the Housing Director to be, when reduced by the value of any expected benefits to be received for such contribution other than the bonus development, approximately equal to the cost of providing units within the project using the bonus development, and the owner of the low-income housing or moderate-income housing has entered into a linkage agreement with the applicant pursuant to which only the applicant has the right to claim such housing for purposes of bonus development under this section or any other bonus under this title.

4. Any applicant seeking to qualify for bonus floor area based on development of new housing shall provide to the City, prior to the date when a contribution would be due for the cash option under subsection C of this section, an irrevocable bank letter of credit or other sufficient security approved by the Director of the Office of Housing, and a related voluntary agreement, so that at the end of the three (3) year period specified in subsection B3 of this section, if the housing does not qualify or is not provided in a sufficient amount to satisfy the terms of this section, the City shall receive (i) a cash contribution for housing in the amount determined pursuant to this section after credit for any qualifying housing then provided, plus (ii) an amount equal to interest on such contribution, at the rate equal to the prime rate quoted from time to time by Bank of America, or its successor, plus three (3) percent per annum, from the date of issuance of the first building permit for the project using the bonus. If and when the City becomes entitled to realize on any such security, the Director of the Office of Housing shall take appropriate steps to do so, and the amounts realized, net of any costs to the City, shall be used in the same manner as cash contributions for housing made under this section. In the case of any project proposing to use bonus development for which no building permit is required, references to the building permit in this subsection shall mean the master use permit allowing establishment or expansion of the use for which bonus development is sought.

5. Nothing in this chapter shall be construed to confer on any owner or developer of housing, any party to a linkage agreement, or any assignee, any development rights or property interests. Because the availability and terms of allowance of bonus development depend upon the regulations in effect at the relevant time for the project proposing to use such bonus development, pursuant to SMC Section 23.76.026, any approvals or agreements by the Director of the Office of Housing regarding the eligibility of actual or proposed housing as to satisfy conditions of a bonus, and any approval of a linkage agreement and/or assignment, do not grant any vested rights, nor guarantee that any bonus development will be permitted based on such housing.

6. The Director of the Office of Housing is authorized to accept and execute agreements and instruments to implement this section. For the performance option, the voluntary agreement by the applicant or, if the applicant is not the housing owner, then a recorded agreement of the housing owner acceptable to the Housing Director, shall provide for an initial monitoring fee payable to the City of Five Hundred Dollars ($500) per unit of low-income housing or moderate-income housing provided, and in the case of rental housing, an annual monitoring fee payable to the City of Sixty-five Dollars ($65) for each such unit. For rental housing, such agreement also shall require the housing owner to submit to the City annual reports with such information as the Housing Director shall require for monitoring purposes. In the case of housing for owner-occupancy, the recorded resale restrictions also shall include a provision requiring payment to the City, on any sale or other transfer, of a fee of Five Hundred Dollars ($500) for the review and processing of transfer documents to determine compliance with income and affordability restrictions.

7. If the Housing Director shall certify to the Director that the Housing Director has accepted and there have been recorded one or more agreements or instruments satisfactory to the Housing Director providing for occupancy and affordability restrictions on housing provided for purposes of the performance option under this section, and that either all affordable housing has been completed or the applicant has provided the City with an irrevocable, unconditional letter of credit satisfactory to the Housing Director in the amount of the contribution to the affordable housing approved by the Housing Director, if applicable, then any failure of such housing to satisfy the requirements of this subsection B shall not affect the right to maintain or occupy the bonus development. Unless and until the Housing Director shall so certify, it shall be a continuing permit condition, whether or not expressly stated, for each project obtaining bonus floor area based on the provision of housing under this subsection, that the low-income or moderate-income housing units, or both, as applicable, shall continue to satisfy the requirements of this subsection throughout the term specified in this section and that such compliance shall be documented to the satisfaction of the Director of the Office of Housing. The Director of the Office of Housing may provide by rule for circumstances in which low-income or moderate-income housing units, or both, as applicable, may be replaced if lost due to casualty or other causes, and for terms and conditions upon which a cash contribution may be made in lieu of continuing to provide low-income housing or moderate-income housing, or both, under the terms of this subsection.

8. Housing units produced with voluntary contributions made under this section, shall include a range of unit sizes, including units suitable for families with children. Housing units provided to qualify for bonus development shall comply with the following: (i) they shall be provided in a range of sizes comparable to those available to other residents; (ii) to the extent practicable, the number of bedrooms in low-income units and moderate-income units must be in the same proportion as the number of bedrooms in units within the entire building; (iii) the low-income units and moderate-income units shall generally be distributed throughout the building, except that they may be provided in an adjacent building; and (iv) the low-income units and moderate-income units shall have substantially the same functionality as the other units in the building or buildings. The Housing Director is authorized to prescribe by rule standards and procedures for determining compliance with the requirements of this subsection 8. The Housing Director is further authorized to adopt policies for distribution of unit sizes in housing developments funded by contributions received under this section.

9. References in this subsection B to a Certificate of Occupancy for a project mean the first Certificate of Occupancy issued by the City for the project, whether temporary or permanent.

C. Cash Option Payments.

1. The Director of the Office of Housing may adjust the alternative cash contribution, no more frequently than annually, approximately in proportion to the change in the Consumer Price Index, All Urban Consumers, Seattle-Tacoma metropolitan area, All Items (1982-84 = 100), as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or successor index, or any other relevant and appropriate index that such Director may deem appropriate. Any such adjustment to the cash contribution amounts may be implemented through a rule-making process.

2. Cash payments under voluntary agreements for bonuses shall be made prior to issuance, and as a condition to issuance, of any building permit after the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued, unless the applicant elects in writing to defer payment. If the applicant elects to defer payment, then the issuance of any certificate of occupancy for the project shall be conditioned upon payment of the full amount of the cash payment determined under this Section, plus an interest factor equal to that amount multiplied by the increase, if any, in the Consumer Price Index, All Urban Consumers, West Region, All Items, 1962-64=100, as published monthly, from the last month prior to the date when payment would have been required if deferred payment had not been elected, to the last month for which data are available at the time of payment. If the index specified in this subsection is not available for any reason, the Director shall select a substitute cost of living index. In no case shall the interest factor be less than zero (0). All payments under this Section shall be deposited in special accounts established solely to fund capital expenditures for the affordable housing for low-income households.

D. No Subsidies for Bonused Housing: Exception.

1. Intent. Housing provided through the bonus system is intended to mitigate a portion of the additional low-income housing needs resulting from increased high-rise market rate housing development, beyond those needs that would otherwise exist, which the City and other governmental and charitable entities attempt to meet through various subsidy programs. Allowing bonus development under the performance option for housing that uses such subsidy programs therefore could undermine the intent of this section.

2. Agreement Concerning Subsidies. The Director of the Office of Housing may require, as a condition of any bonus floor area for housing under the performance option, that the owner of the lot upon which the low-income housing is located agree not to seek or accept any subsidies, including without limitation those items referred to in subsection D3 of this section, related to the housing, except for any subsidies that may be allowed by the Director of the Office of Housing under that subsection. The Housing Director may require that such agreement provide for the payment to the City, for deposit in an appropriate account to be used for Downtown low-income housing, of the value of any subsidies received in excess of any amounts allowed by such agreement.

3. No Bonus for Subsidized or Restricted Housing. In general, no bonus may be earned by providing housing if:

a. Any person is receiving or will receive with respect to the housing any charitable contributions or public subsidies for housing development or operation, including, but not limited to, tax exempt bond financing, tax credits, federal loans or grants, City of Seattle housing loans or grants, county housing funds, State of Washington housing funds, or property tax exemptions or other special tax treatment; or

b. The housing is or would be, independent of the requirements for the bonus, subject to any restrictions on the use, occupancy or rents.

4. Exceptions by Rule. The Director of the Office of Housing may provide, by rule promulgated after the effective date of this ordinance, for terms and conditions on which exceptions to the restriction on subsidies in this subsection may be allowed. Such rule may provide that, as a condition to any exception, the Director of the Office of Housing shall increase the amount of floor area of low-income housing or moderate-income housing per square foot of bonus development, otherwise determined pursuant to subsection B of this section, to an amount that allows credit for only the Director's estimate of the incremental effect, in meeting the City's housing needs for the next fifty (50) years, of the net financial contribution that is being made by the applicant pursuant to the voluntary agreement and not funded or reimbursed, directly or indirectly, from any other source.

(Ord. 123589, § 13, 2011; Ord. 123046, § 65, 2009; Ord. 122582, § 2, 2007; Ord. 122235, § 5, 2006; Ord. 122054 § 18, 2006.)

23.49.016 Open space.

A. Finding. The City Council finds that:

1. Office workers are the principal users of Downtown open space.

2. Additional major office projects Downtown will result in increased use of public open space.

3. If additional major office projects Downtown do not provide open space to offset the additional demands on public open space caused by such projects, the result will be overcrowding of public open space, adversely affecting the public health, safety and welfare.

4. The additional open space needed to accommodate office workers is at least twenty (20) square feet for each one thousand (1,000) square feet of office space.

5. Smaller office developments may encounter design problems in incorporating open space, and the sizes of open spaces provided for office projects under eighty-five thousand (85,000) square feet may make them less attractive and less likely to be used. Therefore, and in order not to discourage small scale office development, projects involving less than eighty-five thousand (85,000) square feet of new office space should be exempt from any open space requirement.

6. As indicated in the October 1994 report of the Department of Construction and land use, with the exception of certain projects, most major recent Downtown office projects have provided significant amounts of on-site open space. Therefore, requiring open space for future major projects will tend to ensure that existing projects do not bear the burdens caused by new development and will result in an average reciprocity of advantage.

B. Quantity of Open Space. Open space in the amount of twenty (20) square feet for each one thousand (1,000) square feet of gross office floor area shall be required of projects that include eighty-five thousand (85,000) or more square feet of gross office floor area in DOC1, DOC2, DMC, DMR/C and DH2 zones, except that the floor area of a museum expansion space, satisfying the provisions of Section 23.49.011 B1h, shall be excluded from the calculation of gross office floor area.

C. Standards for Open Space. To satisfy this requirement, open space may be provided on-site or off-site, as follows:

1. Private Open Space. Private open space on the project site or on an adjacent lot directly accessible from the project site may satisfy the requirement of this section. Such space shall not be eligible for bonuses. Private open space shall be open to the sky and shall be consistent with the general conditions related to landscaping; seating and furnishings contained in the Downtown Amenity Standards. Private open space satisfying this requirement must be accessible to all tenants of the building and their employees.

2. On-site Public Open Space.

a. Open space provided on the project site under this requirement shall be eligible for amenity feature bonuses, as allowed for each zone, provided the open space is open to the public without charge and meets the standards of Section 23.49.013 and the Downtown Amenity Standards for one (1) or more of the following:

• Parcel park;

• Green street setback and green street improvement on an abutting right-of-way;

• Hillside terrace;

• Harborfront open space; or

• Urban plaza.

b. On-site open space satisfying the requirement of subsection C2a of this section may achieve a bonus as an amenity feature not to exceed any limits pursuant to Section 23.49.013, subject to the conditions in this chapter, which bonus shall be counted against, and not increase, the total FAR bonus available from the provision of amenity features.

3. Off-site Public Open Space.

a. Open space satisfying the requirement of this section may be on a site other than the project site, provided that it is within a Downtown zone, within one-quarter ( 1/4) mile of the project site, open to the public without charge, and at least five thousand (5,000) square feet in contiguous area. The minimum size of off-site open space and maximum distance from the project may be increased or decreased for a project if the Director determines that such adjustments are reasonably necessary to provide for open space that will meet the additional need for open space caused by the project and enhance public access.

b. Public open space provided on a site other than the project site may qualify for a development bonus for the project if the open space meets the standards of Section 23.49.013 and is one of the open space features citied in subsection C2a of this section. Bonus ratios for off-site open space are prescribed in Section 23.49.013. This bonus is counted against, and may not increase, the total amount of bonus development allowed under Section 23.49.011 and Section 23.49.013.

4. Easement for Off-site Open Space. The owner of any lot on which off-site open space is provided to meet the requirements of this section shall execute and record an easement in a form acceptable to the Director assuring compliance with the requirements of this section, including applicable conditions of the Downtown Amenity Standards. The Director is authorized to accept such an easement, provided that the terms do not impose any costs or obligations on the City.

D. Payment in Lieu. In lieu of providing open space under this requirement, an owner may make a payment to the City if the Director determines that the payment will contribute to the improvement of a designated green street or to other public open space improvements abutting the lot or in the vicinity, in an amount sufficient to develop improvements that will meet the additional need for open space caused by the project, and that the improvement within a reasonable time is feasible. Any such payment shall be placed in a dedicated fund or account and used within five (5) years of receipt for the development of such improvements, unless the property owner and the City agree upon another use involving the acquisition or development of public open space that will mitigate the impact of the project. A bonus may be allowed for a payment in lieu of providing improvement made wholly or in part to satisfy the requirements of this section, pursuant to Section 23.49.013.

E. Limitations. Open space satisfying the requirement of this section for any project shall not be used to satisfy the open space requirement for any other project, nor shall any bonus be granted to any project for open space meeting the requirement of this section for any other project. When a transmitting antenna is sited or proposed to be sited on a rooftop where required open space is located, see Section 23.57.013. Open space on the site of any building for which a Master Use Permit decision was issued or a complete building permit application was filed prior to the effective date ordinance 117430, that is not required under the Land Use Code in effect when such permit decision was issued or such application filed but that would have been required for the same building by this section, shall not be used to satisfy the open space requirement or to gain an FAR bonus for any other project.

F. Authority. This section is adopted pursuant to the Growth Management Act, the City's Comprehensive Plan and the City's inherent police power authority. The City Council finds that the requirements of this section are necessary to protect and promote the public health, safety and welfare.

(Ord. 122054 § 20, 2006; Ord. 121477 § 14, 2004; Ord. 120967 § 2, 2003; Ord. 120928 § 19, 2002; Ord. 120443 § 4, 2001; Ord. 117430 § 60, 1994.)

23.49.017 Open space TDR Site Eligibility

A. Intent. The intent of open space TDR is to provide opportunities for establishing a variety of usable public open space generally distributed to serve all areas of downtown.

B. Application and Approval. The owner of a lot who wants to establish and convey open space TDR shall apply to the Director for approval of the lot as a sending lot for open space TDR. The application shall include a design for the open space in such detail as the Director shall require and a maintenance plan for the open space. The Director shall review the application pursuant to the provisions of this section, and shall approve, disapprove or conditionally approve the application to establish and convey open space TDR. Conditions may include, without limitation, assurance of funding for long-term maintenance of the open space and dates when approvals shall expire if the open space is not developed.

C. Area Eligible for Transfer. For purposes of calculating the amount of TDR transferable under Section 23.49.014, Transfer of Development Rights (TDR), eligible area does not include any portion of the lot occupied above grade by a structure or use unless the structure or use is accessory to the open space.

D. Basic requirements. In order to qualify as a sending lot for open space TDR, the sending lot must include open space that satisfies the basic requirements of this subsection, unless an exception is granted by the Director pursuant to subsection 23.49.017.H. A sending lot for open space TDR must:

1. Include a minimum area as follows:

a. Contiguous open space with a minimum area of 15,000 square feet; or

b. A network of adjacent open spaces, which may be separated by a street right-of-way, that are physically and visually connected with a minimum area of 30,000 square feet;

2. Be directly accessible from the sidewalk or another public open space, including access for persons with disabilities;

3. Be at ground level, except that in order to provide level open spaces on steep lots, some separation of multiple levels may be allowed, provided they are physically and visually connected;

4. Not have more than 20 percent of the lot area occupied by any above grade structures; and

5. Be located a minimum of 1/4 of a mile from the closest lot approved by the Director as a separate open space TDR site.

E. Open Space Guidelines. The Director shall consider the following guidelines, and may disapprove or condition an application based on one or more of them. If the Director determines that the design for the open space will substantially satisfy the intent of the guidelines as a whole, the Director need not require that every guideline be satisfied as a condition to approval. Open space should be designed to:

1. Be well integrated with Downtown's pedestrian and transit network;

2. Be oriented to promote access to sun and views and protection from wind, taking into account potential development on adjacent lots built to the maximum limits zoning allows;

3. Enhance user safety and security and ease of maintenance;

4. Be highly visible because of the relation to the street grid, topographic conditions, surrounding development pattern, or other factors, thereby enhancing public access and identification of the space as a significant component of the urban landscape;

5. Incorporate various features, such as seating and access to food service, that are appropriate to the type of area and that will enhance public use of the area as provided by the guidelines for an urban plaza in the Downtown Amenity Standards;

6. Provide such ingress and egress as will make the areas easily accessible to the general public along street perimeters;

7. Be aesthetically pleasing space that is well integrated with the surrounding area through landscaping and special elements, which should establish an identity for the space while providing for the comfort of those using it;

8. Increase activity and comfort while maintaining the overall open character of public outdoor space; and

9. Include artwork as an integral part of the design of the public space.

F. Public Access.

1. Recorded Documents. The open space must be subject to a recorded easement, or other instrument acceptable to the Director, to limit any future development on the lot and to ensure general public access and the preservation and maintenance of the open space, unless such requirement is waived by the Director for open space in public ownership. The Director is authorized to accept such an easement or instrument, so long as its terms do not impose obligations or costs on the City.

2. Hours of Operation. The open space must be open to the general public without charge for reasonable and predictable hours, such as those for a public park, for a minimum of ten (10) hours each day of every week. Within the open space, property owners, tenants and their agents shall allow individuals to engage in activities allowed in public parks of a similar nature. Free speech activities such as hand billing, signature gathering and holding signs, all without obstructing access to the open space, or adjacent buildings or features, and without unreasonably interfering with the enjoyment of the space by others, shall be allowed. While engaged in allowed activities members of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others.

3. Plaque Requirement. A plaque indicating the nature of the site and its availability for general public access must be placed in a visible location at the entrances to the site. The text on the plaque is subject to the approval of the Director.

G. Maintenance. The property owner and/or another responsible party who shall have assumed obligations for maintenance on terms approved by the Director, shall maintain all elements of the site, including but not limited to landscaping, parking, seating and lighting, in a safe and clean condition as provided for in a maintenance plan to be approved by the Director.

H. Special exception for Open Space TDR sites. The Director may authorize an exception to the requirements for open space TDR sites in subsection 23.49.017.D, as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permit and Council Land Use Decisions.

1. The provisions of this subsection 23.49.017.H will be used by the Director in determining whether to grant, grant with condition or deny a special exception. The Director may grant exceptions only to the extent such exceptions further the provisions of this subsection 23.49.017.H.

2. In order for the Director to grant, or grant with conditions, an exception to the requirements for open space TDR sites, the following must be satisfied:

a. The exception allows the design of the open space to take advantage of unusual site characteristics or conditions in the surrounding area, such as views and relationship to surroundings; and

b. The applicant demonstrates that the exceptions would result in an open space that better meets the intent of the provisions for open space TDR sites in subsection 23.49.017.D.

(Ord. 123046, § 35, 2009; Ord. 122054 § 21, 2006)

23.49.018 Overhead Weather Protection and Lighting.

A. Continuous overhead weather protection shall be required for new development along the entire street frontage of a lot except along those portions of the structure facade that:

1. are located farther than five (5) feet from the street property line or widened sidewalk on private property; or

2. abut a bonused open space amenity feature; or

3. are separated from the street property line or widened sidewalk on private property by a landscaped area at least two (2) feet in width; or

4. are driveways into structures or loading docks.

B. Overhead weather protection shall have a minimum dimension of eight (8) feet measured horizontally from the building wall or must extend to a line two (2) feet from the curb line, whichever is less.

C. The installation of overhead weather protection shall not result in any obstructions in the sidewalk area.

D. The lower edge of the overhead weather protection must be a minimum of ten (10) feet and a maximum of fifteen (15) feet above the sidewalk.

E. Adequate lighting for pedestrians shall be provided. The lighting may be located on the facade of the building or on the overhead weather protection.

(Ord. 122234, § 6, 2006; Ord. 122054 § 27, 2006.)

23.49.019 Parking quantity, location and access requirements, and screening and landscaping of surface parking areas.

The regulations in this section do not apply to the Pike Market Mixed zones.

A. Parking Quantity Requirements.

1. No parking, either long-term or short-term, is required for uses on lots in Downtown zones, except as follows:

a. In the International District Mixed and International District Residential zones, parking requirements for restaurants, motion picture theaters, and other entertainment uses are as prescribed by Section 23.66.342.

b. In the International District Mixed and International District Residential zones, the Director of the Department of Neighborhoods, upon the recommendation of the International District Special Review District Board may waive or reduce required parking according to the provisions of Section 23.66.342, Parking and access.

c. Bicycle parking is required as specified in E1 of this section.

2. Reduction or Elimination of Parking Required by Permits. A property owner may apply to the Director for the reduction or elimination of parking required by any permit issued under this title or Title 24, except for a condition contained in or required pursuant to any Council conditional use, contract rezone, planned community development or other Type IV decision. The Director may grant reduction or elimination of required parking as a Type I decision, either as part of a Master Use Permit for the establishment of any new use or structure, or as an independent application for reduction or elimination of parking required by permit. Parking for bicycles may not be reduced or eliminated under this subsection. Any Transportation Management Plan (TMP) required by permit for the development for which a parking reduction or elimination is proposed shall remain in effect, except that the Director may change the conditions of the TMP to reflect current conditions and to mitigate any parking and traffic impacts of the proposed changes. If any bonus floor area was granted for the parking, then reduction or elimination shall not be permitted except in compliance with applicable provisions regarding the elimination or reduction of bonus features. If any required parking that is allowed to be reduced or eliminated under this subsection is the subject of a recorded parking covenant, the Director may authorize modification or release of the covenant.

B. Parking Location within Structures.

1. Parking at street level.

a. On Class I pedestrian streets and designated green streets, parking is not permitted at street level unless separated from the street by other uses, provided that garage doors need not be separated.

b. On Class II pedestrian streets, parking may be permitted at street level if:

(1) at least thirty (30) percent of the street frontage of any street level parking area, excluding that portion of the frontage occupied by garage doors, is separated from the street by other uses;

(2) the facade of the separating uses satisfies the transparency and blank wall standards for Class I pedestrian streets for the zone in which the structure is located;

(3) the portion of the parking, excluding garage doors, that is not separated from the street by other uses is screened from view at street level; and

(4) the street facade is enhanced by architectural detailing, artwork, landscaping, or similar visual interest features.

2. Except as provided in subsection B1 above for parking at street level, parking within structures shall be located below street level or separated from the street by other uses, except as follows:

a. On lots that are less than thirty thousand (30,000) square feet in size or that are less than one hundred fifty (150) feet in depth measured from the lot line with the greatest street frontage, parking shall be permitted above the first story under the following conditions:

(1) One (1) story of parking shall be permitted above the first story of a structure for each story of parking provided below grade that is of at least equivalent capacity, up to a maximum of four (4) stories of parking above the first story.

(2) Parking above the third story of a structure shall be separated from the street by another use for a minimum of thirty (30) percent of each street frontage of the structure. For structures on lots located at street intersections, the separation by another use shall be provided at the corner portion(s) of the structure.

(3) The perimeter of each story of parking above the first story of the structure shall have an opaque screen at least three and one-half (3 1/2) feet high where the parking is not separated from the street by another use.

b. The Director may permit more than four (4) stories of parking above the first story of the structure, or may permit other exceptions to subsection B2a(1) as a Type I decision if the Director finds that locating parking below grade is infeasible due to physical site conditions such as a high water table or proximity to a tunnel. In such cases, the applicant shall place the maximum feasible amount of parking below grade before more than four stories of parking above the first story shall be permitted. Site size is not a basis for granting an exception under this subsection 2b.

C. Maximum Parking Limit for Nonresidential Uses.

1. Except as provided in subsections 23.49.019.C.2, 23.49.019.C.3, and 23.66.342.B, parking for nonresidential uses is limited to a maximum of one parking space per 1,000 square feet.

2. Parking for nonresidential uses in excess of the maximum quantities identified in subsections 23.49.019.C.1 and 23.49.019.C.3 may be permitted as a special exception pursuant to Chapter 23.76. When deciding whether to grant a special exception, the Director shall consider evidence of parking demand and alternative means of transportation, including but not limited to the following:

a. Whether the additional parking will substantially encourage the use of single occupancy vehicles;

b. Characteristics of the work force and employee hours, such as multiple shifts that end when transit service is not readily available;

c. Proximity of transit lines to the lot and headway times of those lines;

d. The need for a motor pool or large number of fleet vehicles at the site;

e. Proximity to existing long-term parking opportunities downtown which might eliminate the need for additional parking on the lot;

f. Whether the additional parking will adversely affect vehicular and pedestrian circulation in the area;

g. Potential for shared use of additional parking as residential or short-term parking;

h. The need for additional short-term parking to support shopping in the retail core or retail activity in other areas where short-term parking is limited;

i. Whether the area is located at the edge of the Downtown Urban Center where available short-term parking and transit service is limited.

3. In the area east of Interstate 5, parking for general sales and service uses and for eating and drinking establishments is limited to a maximum of 2 parking spaces per 1,000 square feet.

D. Ridesharing and transit incentive program requirements. The following requirements apply to all new structures containing more than ten thousand (10,000) square feet of new nonresidential use, and to structures where more than ten thousand (10,000) square feet of nonresidential use is proposed to be added.

1. The building owner shall establish and maintain a transportation coordinator position for the proposed structure and designate a person fill this position, or the building owner may contract with an area-wide transportation coordinator acceptable to the Department. The transportation coordinator shall devise and implement alternative means for employee commuting. The transportation coordinator shall be trained by the Seattle Department of Transportation or by an alternative organization with ridesharing experience, and shall work with the Seattle Department of Transportation and building tenants. The coordinator shall disseminate ridesharing information to building occupants to encourage use of public transit, carpools, vanpools and flextime; administer the in-house ridesharing program; and aid in evaluation and monitoring of the ridesharing program by the Seattle Department of Transportation. The transportation coordinator in addition shall survey all employees of building tenants once a year to determine commute mode percentages.

2. The Seattle Department of Transportation, in conjunction with the transportation coordinator, shall monitor the effectiveness of the ridesharing/transit incentive program on an annual basis. The building owner shall allow a designated Department of Transportation or rideshare representative to inspect the parking facility and review operation of the ridesharing program.

3. The building owner shall provide and maintain a transportation information center, which has transit information displays including transit route maps and schedules and Seattle ridesharing program information. The transportation display shall be located in the lobby or other location highly visible to employees within the structure, and shall be established prior to issuance of a certificate of occupancy.

E. Bicycle Parking.

1. The minimum number of off-street spaces for bicycle parking required for specific use categories is set forth in Table 23.49.019 A below. In the case of a use not shown on Table 23.49.019 A, there is no minimum bicycle parking requirement. After the first fifty (50) spaces for bicycles are provided for a use, additional spaces are required at one half ( 1/2) the ratio shown in Table 23.49.019 A. Spaces within dwelling units or on balconies do not count toward the bicycle parking requirement.
Table 23.49.019 A
UseBicycle Parking Required
Office1 space per 5,000 square feet of gross floor area of office use
Hotel.05 spaces per hotel room
Retail use over 10,000 square feet1 space per 5,000 square feet of gross floor area of retail use
square feetgross floor area of retail use
Residential1 space for every 2 dwelling units

 

2. Required bicycle parking shall be provided in a safe, accessible and convenient location. Bicycle parking hardware shall be installed according to its manufacturer's instructions, and the Seattle Department of Transportation design criteria, allowing adequate clearance for bicycles and their riders. Directional signage shall be installed when bike parking facilities are not clearly visible from the street or sidewalk. When any covered automobile parking is provided, all required long-term bicycle parking shall be covered. When located off-street, bicycle and automobile parking areas shall be separated by a barrier or painted lines.

3. Bicycle parking facilities for nonresidential uses shall be located on the lot or in a shared bicycle parking facility within one hundred (100) feet of the lot, except as provided in subsection 6 below.

4. Bicycle parking for residential uses shall be located on-site.

5. Co-location of bicycle parking facilities by more than one (1) use is encouraged.

6. For nonresidential uses, the applicant may make a payment to the City to fund public bicycle parking in the public right-of-way in lieu of providing required bicycle parking on- or off-site, if the Director determines that:

a. Safe, accessible and convenient bicycle parking accessory to a nonresidential use cannot be provided on-site or in a shared bicycle parking facility within one hundred (100) feet of the lot, without extraordinary physical or financial difficulty;

b. The payment is comparable to the cost of providing the equivalent bicycle parking on-site, and takes in consideration the cost of materials, equipment and labor for installation; and

c. The bicycle parking funded by the payment is located within sufficient proximity to serve the bicycle parking demand generated by the project.

d. Any such payment shall be placed in a dedicated fund or account and used within five (5) years of receipt to provide the bicycle parking.

F. Bicycle Commuter Shower Facilities. Structures containing two hundred fifty thousand (250,000) square feet or more of office gross floor area shall include shower facilities and clothing storage areas for bicycle commuters. One (1) shower per gender shall be required for every two hundred fifty thousand (250,000) square feet of office use. Such facilities shall be for the use of the employees and occupants of the building, and shall be located where they are easily accessible to parking facilities for bicycles.

G. Off-street Loading.

1. Off-street loading spaces shall be provided according to the standards of Section 23.54.030, Parking space standards.

2. In Pioneer Square Mixed zones, the Department of Neighborhoods Director, after review and recommendation by the Pioneer Square Preservation Board, may waive or reduce required loading spaces according to the provisions of Section 23.66.170, Parking and access.

3. In International District Mixed and International District Residential zones, the Department of Neighborhoods Director, after review and recommendation by the International District Special Review District Board, may waive or reduce required loading spaces according to the provisions of Section 23.66.342, Parking and access.

H. Standards for location of access to parking. This subsection does not apply to Pike Market Mixed, Pioneer Square Mixed, International District Mixed, and International District Residential zones except that subsection 23.49.019.H.1 applies to International District Mixed and International District Residential zones to the extent stated in subsection 23.66.342.D.

1. Curb cut Location.

a. If a lot abuts an alley, alley access is required, unless the Director otherwise determines under subsection 23.49.019.H.1.c.

b. If a lot does not abut an alley and abuts more than one right-of-way, the location of access is determined by the Director as a Type I decision after consulting with the Director of Transportation. Unless the Director otherwise determines under subsection 23.49.019.H.1.c, access is allowed only from a right-of-way in the category, determined by the classifications shown on Map 1B and Map 1F or another map identified in a note to Map 1F, that is most preferred among the categories of rights-of-way abutting the lot, according to the ranking set forth below, from most to least preferred (a portion of a street that is included in more than one category is considered as belonging only to the least preferred of the categories in which it is included):

1) Access street;

2) Class II pedestrian street-Minor arterial;

3) Class II pedestrian street-Principal arterial;

4) Class I pedestrian street-Minor arterial;

5) Class I pedestrian street-Principal arterial;

6) Principal transit street;

7) Designated green street.

c. The Director may allow or require access from a right-of-way other than one indicated by subsection 23.49.019.H.1.a or 23.49.019.H.1.b if, after consulting with the Director of Transportation on whether and to what extent alternative locations of access would enhance pedestrian safety and comfort, facilitate transit operations, facilitate the movement of vehicles, minimize the on-street queuing of vehicles, enhance vehicular safety, or minimize hazards, the Director finds that an exception to the general policy is warranted. Curb cut controls on designated green streets shall be evaluated on a case-by-case basis, but generally access from green streets is not allowed if access from any other right-of-way is possible.

2. Curb cut Width and Number. The width and number of curbcuts shall comply with Section 23.54.030, Parking space standards.

I. Screening and landscaping of surface parking areas.

1. Screening. Surface parking areas for more than five (5) vehicles shall be screened in accordance with the following requirements:

a. Screening is required along each street lot line.

b. Screening shall consist of a landscaped berm, or a view-obscuring fence or wall at least three (3) feet in height.

c. A landscaped strip on the street side of the fence or wall shall be provided when a fence or wall is used for screening. The strip shall be an average of three (3) feet from the property line, but at no point less than one and one-half (1 1/2) feet wide. Each landscaped strip shall be planted with sufficient shrubs, grass and/or evergreen groundcover so that the entire strip, excluding driveways, will be covered in three (3) years.

d. Sight triangles shall be provided in accordance with Section 23.54.030, Parking space standards.

2. Landscaping. Surface parking areas for twenty (20) or more vehicles, except temporary surface parking areas, shall be landscaped in accordance with the following requirements:

a. Amount of landscaped area required:
Total Number of Parking SpacesRequired Landscaped Area
20 to 50 spaces18 square feet per parking space
51 to 99 spaces25 square feet per parking space
100 or more spaces35 square feet per parking space

b. The minimum size of a required landscaped area is one hundred (100) square feet. Berms provided to meet the screening standards in subsection 12 of this section may be counted as part of a landscaped area. No part of a landscaped area shall be less than four (4) feet in any dimension except those dimensions reduced by turning radii or angles of parking spaces.

c. No parking stall shall be more than sixty (60) feet from a required landscaped area.

d. One (1) tree per every five (5) parking spaces is required.

e. Each tree shall be at least three (3) feet from any curb of a landscaped area or edge of the parking area.

f. Permanent curbs or structural barriers shall enclose landscaped areas.

g. Sufficient hardy evergreen groundcover shall be planted to cover each landscaped area completely within three (3) years. Trees shall be selected from Seattle Department of Transportation's list for parking area planting.

(Ord. 123589, § 14, 2011; Ord. 123046, § 65, 2009; Ord. 122311, § 53, 2006; Ord. 122235, § 7, 2006; Ord. 122054 § 28, 2006.)

23.49.020 Demonstration of LEED Silver rating

A. Applicability. This section applies if a commitment to earn a LEED Silver rating or substantially equivalent standard is a condition of a permit.

B. The Director is authorized to determine, as a Type I decision, whether the applicant has demonstrated that a new structure has earned a LEED Silver rating or met a substantially equivalent standard. The Director may establish by rule procedures for determining whether an applicant has demonstrated that a new structure has earned a LEED Silver rating or met any such substantially equivalent standard, provided that no rule shall assign authority for making a final determination to any person other than an officer of the Department of Planning and Development or another City agency with regulatory authority and expertise in green building practices.

C. Demonstration of Compliance; Penalties.

1. The applicant shall demonstrate to the Director the extent to which the applicant has complied with the commitment to earn a LEED Silver rating no later than 180 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, by submitting a report analyzing the extent credits were earned toward such rating from the U.S. Green Building Council or another independent entity approved by the Director. For purposes of this Section 23.49.020, if the Director has approved a substantially equivalent standard, the term "LEED Silver rating" shall mean such other standard.

2. Failure to submit a timely report regarding a LEED Silver rating from an approved independent entity by the date required is a violation of the Land Use Code. The penalty for such violation is $500 per day from the date that the report was due to the date it is submitted. The owner is subject to this fine regardless of whether the City provides the owner with notice that the report is overdue or that the fine is accruing.

3. Failure to demonstrate, through an independent report as provided in this subsection, full compliance with the applicant's commitment to earn a LEED Silver rating, is a violation of the Land Use Code. The penalty for each violation is an amount determined as follows:

P = [(LSM-CE)/LSM] × CV × 0.0075,

where:

P is the penalty;

LSM is the minimum number of credits to earn a LEED Silver rating;

CE is the number of credits earned as documented by the report; and

CV is the Construction Value as set forth on the building permit for the new structure.

Example:
Construction Value$200,000,000.00
Minimum LEED Credits for Silver rating33
Credits Earned32
Penalty = [(33-32)/33] × 200,000,000 × .0075 =$45,454.55

4. Failure to comply with the applicant's commitment to earn a LEED Silver rating 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 23.49.020.C.3, no additional penalty shall be imposed for the failure to comply with the commitment.

5. 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 earn a LEED Silver rating in accordance with this section, the Director may give notice of such determination, and of the calculation of the penalty due, to the applicant.

6. 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 23.49.020.C, 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 a LEED Silver rating, or to earn more credits toward such a rating, then the penalty owing shall be eliminated or recalculated accordingly. The amount of the penalty as so re-determined shall be final. If the applicant does not submit a supplemental report in accordance with this subsection 23.49.020.C by the date required under this subsection 23.49.020.C, then the amount of the penalty as set forth in the Director's original notice shall be final.

7. Any owner, other than the applicant, of any lot on which the bonus development was obtained or any part thereof, shall be jointly and severally responsible for compliance and liable for any penalty due under this subsection 23.49.020.C.

D. Use of Penalties. A subfund shall be established in the City's General Fund to receive revenue from penalties under subsection 23.49.020.C. 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. 123649, § 29, 2011; Ord. 123589, § 15, 2011; Ord. 122611, § 4, 2007; Ord. 122054 § 29, 2006.)

23.49.021 Transportation concurrency level-of-service standards.

Proposed uses in downtown zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

(Ord. 117383 § 7, 1994.)

23.49.022 Minimum sidewalk and alley width.

A. Minimum sidewalk widths are established for certain streets by Map 1C.

1. If a new structure is proposed on lots abutting these streets, sidewalks shall be widened, if necessary, to meet the minimum standard. The sidewalk may be widened into the right-of-way if approved by the Director of Transportation.

2. Sidewalk widths for certain streets within PMM, PSM, IDM, and IDR zones are addressed by Special Review or Historic District regulations. On a street within the International Special Review District for which a sidewalk width is designated on Map 1C, the minimum sidewalk width identified by Map 1C may be reduced if it is determined that a reduced sidewalk width would better meet the goals and objectives of the International Special Review District identified in Section 23.66.302. Final approval for the reduced sidewalk width will be made by the Director of Transportation upon recommendation by the Director of Neighborhoods.

B. A setback or dedication may be required in order to meet the provisions of Section 23.53.030, Alley improvements in all zones.

(Ord. 123589, § 16, 2011; Ord. 118409, § 185, 1996; Ord. 115326, § 19, 1990; Ord. 112303, § 3(part), 1985.)

1. Editor's Note: Map 1C is codified at the end of this chapter.

23.49.023. Extra residential floor area and hotel floor area in South Downtown; transferable development potential (TDP); limits on TDP sending sites

A. Zones where extra residential floor area may be allowed. In South Downtown, extra residential floor area, as defined in subsection 23.58A.004.B, is permitted in DMC, DMR, IDM, and IDR zones and in PSM zones except the PSM 100 and PSM 85-120 zones according to this Section 23.49.023 and Chapter 23.58A.

B. Means to achieve extra residential floor area. If the maximum height limit for residential use is 85 feet or lower, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve all extra residential floor area on the lot. If the maximum height limit for residential use is greater than 85 feet, the applicant shall use housing bonus residential floor area, as defined in subsection 23.58A.004.B, to achieve 60 percent of the total extra residential floor area on the lot. To the extent permitted under the provisions of the zone, the applicant shall achieve 40 percent of extra residential floor area through one or more of the following programs:

1. bonus residential floor area for amenities pursuant to Section 23.58A.016; and/or

2. transfer of residential development potential pursuant to Section 23.58A.018; and/or

3. bonus residential floor area for contributing structures pursuant to subsection 23.49.023.C.

C. Bonus floor area for contributing structures in IDM and IDR zones. On a lot that is located within an IDM or IDR zone and that includes one or more contributing structures under Section 23.66.032, an amount of floor area up to the equivalent gross floor area within the contributing structure or structures, including floor area below grade that is rehabilitated as part of the structure, but not to exceed 40 percent of the total extra residential floor area to be gained on the lot, is allowed as bonus floor area if all the following conditions are met:

1. No South Downtown Historic TDR or TDP has been previously transferred from the lot of the contributing structure.

2. The structure has been determined to be contributing within no more than three years prior to using the bonus residential floor area under this section 23.49.023.C.

3. As a condition to the using the bonus residential floor area under this section 23.49.023.C, except from a City-owned sending lot, the fee owner of the lot shall execute and record an agreement running with the land, in form and content acceptable to, and accepted in writing by, the Director of Neighborhoods, providing for the rehabilitation and maintenance of the historically significant structure or structures on the lot. The Director may require evidence that each holder of a lien has effectively subordinated the lien to the terms of the agreement, and that any holders of interests in the property have agreed to its terms. To the extent that the contributing structure requires restoration or rehabilitation for the long-term preservation of the structure or its historically or architecturally significant features, the Director of Neighborhoods may require, as a condition to acceptance of the necessary agreement, that the owner of the lot apply for and obtain a certificate of approval from the Director of Neighborhoods after review by the International Special Review District Board, as applicable, for the necessary work, or post security satisfactory to the Director of Neighborhoods for the completion of the restoration or rehabilitation, or both.

D. Transferable Development Potential (TDP).

1. Open space TDP may be transferred from a lot in any zone in South Downtown, subject to Section 23.58A.018, but only to a lot in South Downtown that is eligible to use TDP.

2. South Downtown Historic TDP may be transferred from a lot in any zone within the Pioneer Square Preservation District or the International Special Review District, subject to Section 23.58A.018, but only to a lot in South Downtown that is eligible to use TDP.

E. Limits on TDP Sending Sites.

1. Development on any lot from which TDP is transferred is limited pursuant to Section 23.58A.018, any other provision of this Title 23 notwithstanding.

2. Lot coverage on any lot from which open space TDP is transferred is limited pursuant to subsection 23.58A.018.E.3.

F. LEED Silver rating. For new structures in PSM, IDM, DMR and DMC zones within South Downtown that include extra residential floor area pursuant to Chapter 23.58A, the applicant shall make a commitment satisfactory to the Director that the proposed development shall earn a LEED Silver rating or meet a substantially equivalent standard approved by the Director as a Type I decision. If such commitment is made, Section 23.49.020 applies.

G. Extra floor area for hotel use in IDM 75/85-150. In a mixed use development that includes residential use and hotel use in an IDM 75/85-150 zone, extra floor area for hotel use above base height limits may be gained under this Section 23.49.023 on the same terms and conditions as extra residential floor area if the structure otherwise qualifies to exceed base height limits under subsection 23.49.208.E. If extra residential floor area is gained for the same development, it shall be combined with any such extra floor area in hotel use for all purposes under this Section 23.49.023 and under Chapter 23.58A.

(Ord. 123589, § 17, 2011.)

23.49.024 View corridor requirements.

A. Upper-level setbacks shall be required for the following view corridors, identified on Map 1D:

1. Broad, Clay, Vine, Wall, Battery and Bell Streets west of First Avenue; and

2. University, Seneca, Spring, Madison and Marion Streets west of Third Avenue.

B. Upper-level setbacks for view corridors listed in subsection A1 shall be provided as follows. (See Table for Section 23.49.024 B and Exhibits 23.49.024 A and 23.49.024 B.)

C. Upper-level setbacks for view corridors listed in subsection A2 shall be provided as follows. (See Table for Section 23.49.024 C and Exhibits 23.49.024 C and 23.49.024 D.)

(Ord. 122235, § 8, 2006; Ord. 113279 § 5, 1987; Ord. 112303 § 3(part), 1985.)

Editor's note: Map ID is codified at the end of this chapter.

{/PICK;23-49-024-1;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-024-1.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

{/PICK;23-49-024-2;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-024-2.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.49.025 Odor, noise, light/glare, and solid waste recyclable materials storage space standards

A. The venting of odors, fumes, vapors, smoke, cinders, dust, and gas shall be at least ten (10) feet above finished sidewalk grade, and directed away from residential uses within fifty (50) feet of the vent.

1. Major Odor Sources.

a. Uses that employ the following odor-emitting processes or activities are considered major odor sources:

Lithographic, rotogravure or flexographic printing;

Film burning;

Fiberglassing;

Selling of gasoline and/or storage of gasoline in tanks larger than two hundred sixty (260) gallons;

Handling of heated tars and asphalts;

Incinerating (commercial);

Metal plating;

Use of boilers (greater than one hundred six (106) British thermal units per hour, ten thousand (10,000) pounds steam per hour, or thirty (30) boiler horsepower);

Other similar uses.

b. Uses which employ the following processes are considered major odor sources except when the entire activity is conducted as part of a retail sales and service use:

Cooking of grains;

Smoking of food or food products;

Fish or fishmeal processing;

Coffee or nut roasting;

Deep fat frying;

Dry cleaning;

Other similar uses.

2. Review of Major Odor Sources. When an application is made for a use which is a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), shall determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. The measures to be taken shall be specified on plans submitted to the Director, and may be required as conditions for the issuance of any permit. After a permit has been issued, any measures that were required by the permit shall be maintained.

B. Noise standards.

1. All food processing for human consumption, custom and craft work involving the use of mechanical equipment, and light manufacturing activities shall be conducted wholly within an enclosed structure.

2. The following uses or devices are considered major noise generators:

a. Light manufacturing uses;

b. Auto body, boat and aircraft repair shops; and

c. Other similar uses.

3. When a major noise generator is proposed, a report from an acoustical consultant shall be required to describe the measures to be taken by the applicant in order to meet noise standards for the area. Such measures may include, for example, the provision of buffers, reduction in hours of operation, relocation of mechanical equipment, increased setbacks, and use of specified construction techniques or building materials. Measures to be taken shall be specified on the plans. After a permit has been issued, any measures that are required by the permit to limit noise shall be maintained.

C. Lighting and glare.

1. Exterior lighting shall be shielded and directed away from adjacent uses.

2. Interior lighting in parking garages shall be shielded, to minimize nighttime glare affecting nearby uses.

D. The standards of Section 23.54.040 for solid waste and recyclable materials storage space shall be met.

(Ord. 123495, § 55, 2011; Ord. 123046, § 65, 2009; Ord. 122054 § 31, 2006)

23.49.028 Keeping of animals and pet daycare centers.

A. Animals that are not being kept in connection with animal husbandry or animal service uses may be kept as an accessory use on any lot in a downtown zone according to the following:

1. Up to three (3) small animals per business establishment or dwelling unit may be kept in downtown zones.

2. That type of swine commonly known as the Vietnamese, Chinese, or Asian Potbelly Pig (Sus scrofa bittatus) shall be permitted as a small animal provided such swine is no greater than twenty-two (22) inches in height at the shoulder and no more than one hundred fifty (150) pounds in weight. No more than one (1) such swine may be kept per business establishment or dwelling unit.

B. In addition to the development standards of the zone, pet daycare centers are subject to the following:

1. Operating business establishments that have been providing pet daycare services as of July 31, 2006 may continue not withstanding nonconformities to applicable development standards, provided the provisions of this section are met.

2. The pet daycare center must be permitted by Public Health– Seattle & King County, as required by SMC 10.72.020.

3. Facilities for the boarding of animals may occupy no more than thirty (30) percent of the gross floor area of the pet daycare center.

4. Required loading pursuant to 23.54.015 may be provided in a public right of way if the applicant can demonstrate to the Director, in consultation with the Seattle transportation Department, that pedestrian circulation or vehicle traffic will not be significantly impacted.

5. Applicants must submit at the time of permit application, written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures, which are to be followed for the life of the business, must address the identification and correction of animal behavior that impacts surrounding uses, including excessive barking.

6. Violations of this Section.

a. The exemption in SMC 25.08.500A of the Noise Control Ordinance to uses permitted under SMC 10.72, provisions for pet kennels and similar uses, does not apply to pet daycare centers.

b. When a notice of violation is issued for animal noise, the Director may require a report from an acoustical consultant to describe measures to be taken by the applicant to mitigate adverse noise impacts. The Director may require measures, including but not limited to: development or modification of operating procedures; cessation of the use of outdoor area(s); closure of windows and doors; reduction in hours of operation; use of sound attenuating construction or building materials such as insulation and noise baffles.

(Ord. 122273, § 3, 2006)

23.49.029 Utility services uses

Utility services uses permitted as conditional use public facilities pursuant to this Chapter 23.49 are subject to the following additional standards.

A. Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest. Any fence or free-standing wall for a utility services use must provide either:

a) A 5-foot-deep landscaped area between the wall or fence and the street lot line; or

b) Architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

(Ord. 123547, § 6, 2011)

23.49.030 Adult Cabarets

A. Any lot line of property containing any proposed new or expanding adult cabaret must be 800 feet or more from any lot line of property on which any of the following uses has been established by permit or otherwise recognized as a legally established use: community center; child care center; school, elementary or secondary; or public parks and open space use.

B. Any lot line of property containing any proposed new or expanding adult cabaret must be 600 feet or more from any lot line of property for which a permit has been issued for any other adult cabaret, and must be 600 feet or more from any lot line of property for which a permit has been issued for any adult panoram or adult motion picture theater.

C. The analysis required by subsections 23.49.030.A and B shall be based on the facts that exist on the earlier of:

1) the date a complete application is made for a building permit for an adult cabaret for the property proposed to contain the new or expanding adult cabaret, or

2) the date of publication of notice of the Director's decision on the Master Use Permit application to establish or expand an adult cabaret use, if the decision can be appealed to the Hearing Examiner, or the date of the Director's decision if no Hearing Examiner appeal is available.

(Ord. 123046, § 36, 2009; Ord. 122411, § 5, 2007)

23.49.031 Green Factor Landscaping in South Downtown

In South Downtown, a lot on which there is new construction of 20,000 square feet or more in gross floor area shall meet a minimum Green Factor score of 0.30, calculated pursuant to Section 23.86.019, except that the Green Factor requirement may be modified by the Director, as a Type I decision, in consultation with the Director of Neighborhoods if the Director determines that the requirement would adversely affect historically or architecturally significant features of a contributing structure.

(Ord. 123589, § 18, 2011.)

23.49.032 Additions of chargeable floor area to lots with existing structures.

A. When development is proposed on a lot that will retain existing structures containing chargeable floor area in excess of the applicable base FAR, additional chargeable floor area may be added to the lot up to the maximum permitted FAR, by qualifying for bonuses or using TDR, or both, and by the use of rural development credits if permitted on such lot, subject to the general rules for FAR and use of bonuses, TDR, and rural development credits, SMC Sections 23.49.011 through 23.49.014. Solely for the purpose of determining the amounts and types of bonus and TDR, if any, that may be used to achieve the proposed increase in chargeable floor area, the legally established continuing chargeable floor area of the existing structures on the lot shall be considered as the base FAR.

B. When mechanical equipment or parking that was exempted from floor area calculation under the provisions of Title 24 is proposed to be changed to uses that are not exempt from floor area calculations under this chapter, and the chargeable floor area on the lot exceeds the base FAR for the zone in which it is located, the gross floor area proposed to be changed shall be achieved through qualifying for bonuses or transfer of development rights, according to the provisions of Sections 23.49.011 through 23.49.014 as applicable to the zone in which the structure is located.

C. When subsection A or B applies, any existing public benefit features for which increased floor area was granted under Title 24 shall, to the extent possible in the opinion of the Director, satisfy the requirements of Section 23.49.034, Modification of plazas and other features bonused under Title 24.

(Ord. 122054 § 33, 2006; Ord. 120443 § 16, 2001: Ord. 112303 § 3(part), 1985.)

23.49.034 Modification of plazas and other features bonused under Title 24.

A. The modification of plazas, shopping plazas, arcades, shopping arcades, and voluntary building setbacks that resulted in any increase in gross floor area under Title 24 of the Seattle Municipal Code, shall be encouraged in any Downtown zone if the change makes the plaza, arcade or setback more closely conform to the criteria for amenities or street level use and development standards in this chapter. The Director shall review proposed modifications to determine whether they provide greater public benefits and are consistent with the intent of the Downtown Amenity Standards, as specified in this section. The procedure for approval of proposed modifications shall be as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, except as provided in subsection G of this section.

B. Except as provided in subsections E2 and E3, no modification to a plaza or other feature listed in subsection A may be made under this section if it will increase the total floor area ratio (FAR) of the structure. Except as permitted in subsections E2 and E3, no reduction in the area of the bonused feature may be made for addition or expansion of any uses, except for the following uses, to the extent permitted:

1. general sales and services,

2. major durables retail sales,

3. eating and drinking establishments,

4. lodging,

5. entertainment,

6. automotive sales and services,

7. marine sales and services,

8. animal shelters and kennels,

9. medical services,

10. human service uses, or

11. child care centers,

unless the loss of area is offset by the conversion of existing floor area in the structure to uses exempt from chargeable floor area under Section 23.49.011.

C. Plazas and Shopping Plazas. Modifications to plazas and shopping plazas for which increased gross floor area was granted under Title 24 shall be permitted, based on the classification of the plaza on Map 1E.

1. Type I Plazas. Type I plazas shall continue to function as major downtown open spaces. Modification of these plazas and/or reductions in plaza size shall be permitted if the Director finds that the modified or remaining plaza is consistent with the intent of the Downtown Amenity Standards for urban plazas and parcel parks.

2. Type II Plazas. Type II plazas do not function as major downtown open spaces, but they shall continue to provide open space for the public. Modification of these plazas and/or reductions in plaza size shall be permitted if the Director finds that the modified or remaining plaza is consistent with the intent of the Downtown Amenity Standards for urban plazas, parcel parks, and hillside terraces.

D. Shopping Arcades.

1. Exterior Shopping Arcades. When street level uses are eligible for a floor area bonus in a zone in which an existing exterior shopping arcade is located, the existing shopping arcade or a portion of the existing shopping arcade may be converted to retail sales and service uses if the conversion will result in greater conformity with the street facade development standards of the zone, and if the minimum sidewalk widths established by Section 23.49.022 are met. No bonuses shall be given for any retail space created by conversion of a shopping arcade. New retail sales and service uses shall comply with the Downtown Amenity Standards for retail shopping bonuses.

2. Interior Shopping Arcades. Portions of existing interior shopping arcades may be modified and/or reduced in size, so long as any pathway which connects streets or other public open spaces is maintained at a width of at least fifteen (15) feet and it continues to allow comfortable and convenient pedestrian movement. The visual interest and the sense of space and light in the shopping arcade shall be also maintained and enhanced if possible. The Downtown Amenity Standards for shopping atriums and shopping corridors shall be used as a guideline in the review of proposed changes.

E. Arcades. The Director shall use the following standards to determine whether an arcade may be filled in, and to determine the uses that may be permitted in a former arcade.

1. Arcades that provide essential pedestrian connections, such as a connection to a bonused public open space or access to public parks, shall not be filled in.

2. Arcades that do not provide essential pedestrian connections may be filled in. In downtown areas where bonuses may be granted for shopping atriums and shopping corridors, an arcade may be filled in only with uses which qualify for a retail shopping bonus. In other areas, when the total floor area of the structure does not exceed the maximum permitted FAR, the arcade may be filled in with uses which qualify as required street-level uses except that arcades along alleys may be filled in with any permitted use. If the structure exceeds the maximum permitted FAR, arcades may only be filled in with uses which qualify for a retail shopping bonus.

3. If an arcade is filled in with a use which does not qualify for a retail shopping bonus pursuant to subsection E2, new public benefit features shall be required for any additional floor area.

4. Overhead weather protection shall be provided when an arcade on a street or public open space is filled in. No additional floor area shall be granted for the required overhead weather protection.

F. Voluntary Building Setbacks. Voluntary building setbacks may be filled in to provide retail sales and service uses, provided that the conversion maintains the minimum required sidewalk width established in Section 23.49.022, and will result in greater conformity with the standards for required street-level uses, if any, and street facade development standards for the zone.

G. Optional Public Access and Signage Standards. The owner of any lot with a plaza, arcade, shopping plaza, or exterior shopping arcade for which a bonus was granted under Title 24, and which feature has not become subject to standards for amenity features under Title 23, may elect to have the signage requirements and the terms of public access and use for that feature governed by the Downtown Amenity Standards as they apply to urban plazas, as modified by this subsection G. If the owner so elects, then the hours during which such feature must be open to the public without charge shall be as designated by the owner on signs identifying the feature, but in any event shall include the period from 7:00 AM to 11:00 PM every day, plus any other hours during which the principal structure on the lot is open. In order to make an election under this subsection G, the owner shall sign and record in the real property records a declaration in form approved by the Director. The owner then shall install and maintain signs identifying the feature as open to the public, consistent with the Downtown Amenity Standards. Such election, once made, may not be revoked or modified. The public access and signage requirements pursuant to this subsection shall be deemed conditions of any permit under which a bonus was allowed for the feature. The purpose of this subsection is to encourage public awareness and use of features bonused under Title 24, while providing for greater certainty and consistency in the rules applicable to such features. Until an election shall be made as to any such feature in compliance with this subsection G, nothing in this subsection G shall limit any obligation to allow public access or use of any such feature under the terms of any permit or Code provision.

(Ord. 122311, § 54, 2006; Ord. 122054 § 34, 2006; Ord. 112522 § 12(part), 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map IE is codified at the end of this chapter.

23.49.035 Modified or discontinued public benefit features.

A. All public benefit features, except (1) housing and (2) landmark performing arts theaters, shall remain for the life of the structure that includes the additional gross floor area except as otherwise specifically permitted pursuant to this section.

B. Unless the specified period for which a feature is to be maintained has expired in accordance with the terms of this chapter, or another provision of this chapter specifically otherwise provides, a public benefit feature may be diminished or discontinued only if:

1. the feature is not housing or child care; and

2. a. the additional gross floor area permitted in return for the specific feature is removed or converted to a use that is not counted as chargeable floor area; or

b. an amount of chargeable floor area equal to that obtained by the public benefit feature to be replaced is provided pursuant to provisions for granting floor area above the base FAR in this chapter.

C. The terms under which use as a Landmark performing arts theater may be discontinued or diminished, and the sanctions for failure to continue such use, shall be governed by the agreements and instruments executed by the City and owners of the properties on which such theaters are located. Any such change in use shall not affect any other structure for which additional FAR was granted in return for the provision of such public benefit features.

D. In addition to the provisions of subsections A and B, this subsection applies in Downtown zones when additional gross floor area or a floor area exemption is granted for any of the following public benefit features: Human service uses, child care centers, retail shopping, cinemas, performing arts theaters other than landmark performing arts theaters, major retail stores, and museums.

1. In the event that the occupant or operator of one (1) of the public benefit features listed in this subsection moves out of a structure, or notifies the owner of intent to move, the owner or owner's agent shall notify the Director within five (5) days of the date that notice of intent to move is given or that the occupant or operator moves out, whichever is earlier.

2. Starting from the fifth day after notice is given or that the occupant or operator moves out, whichever is first, the owner or owner's agent shall have a maximum of six (6) months to replace the use with another use that meets the provisions of Section 23.49.011 and the Downtown Amenity Standards.

3. When the public benefit feature is replaced, any portion of the gross floor area formerly occupied by that feature and not reoccupied by a replacement feature, may be either:

a. Changed to other uses that are exempt from FAR calculations in the zone in which the structure is located; or

b. Changed to uses that are not exempt from FAR calculations, provided that this would not cause the structure to exceed the maximum FAR limit for the zone in which it is located, and that gross floor area in an amount equivalent to the gross floor area proposed to be changed shall be achieved through provision of public benefit features, or transfer of development rights, according to the provisions of SMC Section 23.49.011.

4. As a condition to allowing the substitution of a feature, rather than an application to establish floor area de novo under the terms of this chapter, during the time that the space formerly constituting the amenity feature is vacant, it shall be made available to nonprofit community and charitable organizations for events at no charge.

E. Modifications of amenity features that do not result in the diminishment or discontinuation of the feature may be permitted by the Director as a Type I decision, provided that the Director finds that the feature as modified meets the eligibility conditions in the Downtown Amenity Standards.

F. A qualifying small structure for which a bonus is allowed pursuant to Section 23.49.011 shall be considered discontinued if it is removed or altered so that it is no longer a qualifying small structure within the meaning of that Section.

G. A qualifying Landmark for which a bonus is allowed pursuant to Section 23.49.011 shall be considered discontinued if it is demolished or removed, or it is altered so that it is no longer a qualifying Landmark within the meaning in that Section; or if any feature or characteristic that is controlled or designated by ordinance is removed or altered contrary to any provision of Chapter 25.12; or if the owner fails to maintain in good condition and repair any feature or characteristic of the structure that is designated or subject to controls under any ordinance; or if there is any revision or revocation of controls pursuant to Section 25.12.860 or successor provision.

(Ord. 122524, § 3, 2007; Ord. 122054 § 35, 2006; Ord. 119484 § 8, 1999; Ord. 117263 § 33, 1994; Ord. 116513 § 2, 1993: Ord. 112303 § 3(part), 1985.)

23.49.036 Planned community developments (PCDs).

A. Authority. Planned community developments may be permitted by the Director as a Type II Land Use Decision pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

B. Public Benefit Priorities. The Director shall determine public benefit priorities for the PCD. These priorities shall be prepared prior to application for a Master Use Permit. They shall include priorities for public benefits listed in subsection F and priorities for implementing the goals of the Comprehensive Plan, including adopted neighborhood plans for the area affected by the PCD, and a determination of whether the proposed PCD may use public right-of-way area to meet the minimum site size set forth in subsection E. Before the priorities are prepared, the Director shall cause a public meeting to be held to identify concerns about the site and to receive public input into priorities for public benefits identified in adopted neighborhood plans and subsection F. Notice for the meeting shall be provided pursuant to Section 23.76.011. The Director shall prepare priorities for the PCD taking into account comments made at the public meeting or in writing to the Director, and the criteria in this section. The Director shall distribute a copy of the priorities to all those who provided addresses for this purpose at the public meeting, to those who sent in comments or otherwise requested notification, and to the project proponent.

C. A PCD shall not be permitted if the Director determines it would be likely to result in a net loss of housing units or if it would result in significant alteration to any designated feature of a Landmark structure, unless a Certificate of Approval for the alteration is granted by the Landmarks Preservation Board.

D. Location.

1. Planned Community Developments may be permitted in all Downtown zones except the Pike Market Mixed zone and the Downtown Harborfront 1 zone.

2. A portion of a PCD may extend into any non-downtown zone(s) within the Downtown Urban Center and adjacent to a downtown zone subject to the following conditions:

a. The provisions of this title applicable in the non-downtown zone(s) regulate the density of non-residential use by floor area ratio; and

b. The portion of a PCD project located in non-downtown zone(s) shall be not more than twenty (20) percent of the total area of the PCD.

E. Minimum Size. A PCD shall include a minimum site size of one hundred thousand (100,000) square feet within one (1) or more of the Downtown zones where PCDs are permitted according to subsection D1. The total area of a PCD shall be contiguous. Public right-of-way shall not be considered a break in contiguity. At the Director's discretion, public right-of-way area may be included in the minimum area calculations if actions related to the PCD will result in significant enhancements to the streetscape of the public right-of-way, improved transit access and expanded transit facilities in the area, and/or significant improvement to local circulation, especially for transit and pedestrians.

F. Evaluation of PCDs. A proposed PCD shall be evaluated on the basis of public benefits provided, possible impacts of the project, and consistency with the standards contained in this subsection.

1. Public Benefits. A proposed PCD shall address the priorities for public benefits identified through the process outlined in subsection B. The PCD shall include three (3) or more of the following elements:

a. low-income housing,

b. townhouse development,

c. historic preservation,

d. public open space,

e. implementation of adopted neighborhood plans,

f. improvements in pedestrian circulation,

g. improvements in urban form,

h. improvements in transit facilities, and/or

i. other elements that further an adopted City policy and provide a demonstrable public benefit.

2. Potential Impacts. The Director shall evaluate the potential impacts of a proposed PCD including, but not necessarily limited to, the impacts on housing, particularly low-income housing, transportation systems, parking, energy, and public services, as well as environmental factors such as noise, air, light, glare, public views and water quality.

3. The Director may place conditions on the proposed PCD in order to make it compatible with areas adjacent to Downtown that could be affected by the PCD.

4. When the proposed PCD is located in the Pioneer Square Preservation District or International District Special Review District, the Board of the District(s) in which the PCD is located shall review the proposal and make a recommendation to the Department of Neighborhoods Director who shall make a recommendation to the Director prior to the Director's decision on the PCD.

G. Bonus Development in PCDs. All increases in floor area above the base FAR shall be consistent with provisions in Section 23.49.011, Floor area ratio, and the PCD process shall not result in any increase in the amount of chargeable floor area allowed without use of bonuses or TDR, considering all of the lots within the PCD boundaries as a single lot.

H. Exceptions to Standards.

1. Portions of a project may exceed the floor area ratio permitted in the zone or zones in which the PCD is located, but the maximum chargeable floor area allowed for the PCD as a whole shall meet the requirements of the zone or zones in which it is located.

2. Except as provided in subsection H3 of this section, any requirements of this chapter may be varied through the PCD process in order to provide public benefits identified in subsection F.

3. Exceptions to the following provisions are not permitted through the PCD process:

a. The following provisions of Subchapter I, General Standards:

(1) Applicable height limits,

(2) Light and glare standards,

(3) Noise standards,

(4) Odor standards,

(5) Minimum sidewalk widths,

(6) View corridor requirements,

(7) Nonconforming uses,

(8) Nonconforming structures, when the nonconformity is to one (1) of the standards listed in this subsection;

b. Use provisions except for provisions for principal and accessory parking;

c. Transfer of development rights regulations;

d. Bonus ratios and amounts assigned to public benefit features;

e. Development standards of adjacent zones outside the Downtown Urban Center in which a PCD may be partially located according to subsection D2 of this section.

f. Provisions for allowing increases in floor area above the base FAR and for allowing residential floor area above the base height limit.

(Ord. 122054 § 36, 2006; Ord. 120691 § 13, 2001; Ord. 119484 § 9, 1999; Ord. 117570 § 15, 1995; Ord. 116744 § 9, 1993; Ord. 114725 § 2, 1989; Ord. 113373 § 1, 1987; Ord. 113279 § 6, 1987; Ord. 112522 §§ 12(part) and 21(part), 1985; Ord. 112519 § 7, 1985; Ord. 112303 § 3(part), 1985.)

23.49.038 Lots located in more than one (1) zone.

When a lot is located in more than one (1) zone, the regulations for each zone shall apply to the portion of the lot located in that zone.

(Ord. 112303 § 3(part), 1985.)

23.49.040 Termination of discontinued conditional uses.

Any authorized conditional use which has been discontinued shall not be re-established or recommenced except pursuant to a new conditional use permit. The following shall constitute conclusive evidence that the conditional use has been discontinued:

A. A permit to change the use of the property has been issued and the new use has been established; or

B. The property has not been devoted to the authorized conditional use for more than twenty-four (24) consecutive months.

Property which is vacant, except for dead storage of materials or equipment of the conditional use, shall not be considered as being devoted to the authorized conditional use. The expiration of licenses necessary for the conditional use shall be evidence that the property is not being devoted to the conditional use. A conditional use in a multi-family structure or a multi-tenant commercial structure shall not be considered as discontinued unless all units are either vacant or devoted to another use.

(Ord. 113262 § 5, 1986.)

23.49.041 Combined lot development.

When authorized by the Director pursuant to this section, lots located on the same block in DOC1 or DOC2 zones, or in DMC zones with a maximum FAR of ten (10), or lots zoned DOC1 and DMC on the same block, may be combined, whether contiguous or not, solely for the purpose of allowing some or all of the capacity for chargeable floor area on one such lot under this chapter to be used on one (1) or more other lots, according to the following provisions:

A. Up to all of the capacity on one (1) lot, referred to in this section as the "sending lot," for chargeable floor area in addition to the base FAR, pursuant to Section 23.49.011 (referred to in this section as "bonus capacity"), may be used on one or more other lots, subject to compliance with all conditions to use of such bonus capacity, pursuant to Sections 23.49.011– .014, as modified in this section. For purposes of applying any conditions related to amenities or features provided on site under Section 23.49.013, only the lot or lots on which such bonus capacity shall be used are considered to be the lot or site using a bonus. Criteria for use of bonus that apply to the structure or structures shall be applied only to the structure(s) on the lots using the transferred bonus capacity.

B. Only if all of the bonus capacity on one (1) lot shall be used on other lots pursuant to this section, there may also be transferred from the sending lot, to one or more such other lots, up to all of the unused base FAR on the sending lot, without regard to limits on the transfer or on use of TDR in Section 23.49.014. Such transfer shall be treated as a transfer of TDR for purposes of determining remaining development capacity on the sending lot and TDR available to transfer under SMC 23.49.014, but shall be treated as additional base FAR on the other lots, and to the extent so treated shall not qualify such lots for bonus development. If less than all of the bonus capacity of the sending lot shall be used on such other lots, then unused base FAR on the sending lot still may be transferred to the extent permitted for within-block TDR under Section 23.49.014, and if the sending lot qualifies for transfer of TDR under any other category of sending lot in Table 23.49.014A, such unused base FAR may be transferred to the extent permitted for such category, but in each case only to satisfy in part the conditions to use of bonus capacity, not as additional base FAR.

C. To the extent permitted by the Director, the maximum chargeable floor area for any one (1) or more lots in the combined lot development may be increased up to the combined maximum chargeable floor area under Section 23.49.011 computed for all lots participating in the combined lot development. To the extent permitted by the Director, and subject to subsection B of this section, the base floor area for any one (1) or more lots in the combined lot development may be increased up to the combined maximum base chargeable floor area under Section 23.49.011 computed for all lots participating in the combined lot development.

D. The Director shall allow combined lot development only to the extent that the Director determines, in a Type I land use decision, that permitting more chargeable floor area than would otherwise be allowed on a lot shall result in a significant public benefit. In addition to features for which floor area bonuses are granted, the Director may also consider the following as public benefits that could satisfy this condition when provided for as a result of the lot combination:

1. preservation of a landmark structure located on the block or adjacent blocks;

2. uses serving the downtown residential community, such as a grocery store, at appropriate locations;

3. public facilities serving the Downtown population, including schools, parks, community centers, human service facilities, and clinics;

4. transportation facilities promoting pedestrian circulation and transit use, including through block pedestrian connections, transit stations and bus layover facilities;

5. Short-term parking on blocks within convenient walking distance of the retail core or other Downtown business areas where the amount of available short term parking is determined to be insufficient;

6. a significant amount of housing serving households with a range of income levels;

7. improved massing of development on the block that achieves a better relationship with surrounding conditions, including: better integration with adjacent development, greater compatibility with an established scale of development, especially relative to landmark structures, or improved conditions for adjacent public open spaces, designated green streets, or other special street environments;

8. public view protection within an area; and/or

9. arts and cultural facilities, including a museum or museum expansion space.

E. The fee owners of each of the combined lots shall execute an appropriate agreement or instrument, which shall include the legal descriptions of each lot and shall be recorded in the King County real property records. In the agreement or instrument, the owners shall acknowledge the extent to which development capacity on each sending lot is reduced by the use of such capacity on another lot or lots, at least for so long as the chargeable floor area for which such capacity is used remains on such other lot or lots. The deed or instrument shall also provide that its covenants and conditions shall run with the land and shall be specifically enforceable by the parties and by the City of Seattle.

F. Nothing in this Section shall allow the development on any lot in a combined lot development to exceed or deviate from height limits or other development standards.

(Ord. 123046, § 65, 2009; Ord. 122054 § 40, 2006)

Subchapter II
Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial

23.49.042 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial permitted uses.

The provisions of this section apply in DOC1, DOC2 and DMC zones.

A. All uses shall be permitted outright except those specifically prohibited by Section 23.49.044, those permitted only as conditional uses by Section 23.49.046, and parking, which shall be regulated by Section 23.49.045.

B. All uses not prohibited shall be permitted as either principal or accessory uses.

C. Public Facilities.

1. Except as provided in Section 23.49.046.D2, uses in public facilities that are most similar to uses permitted outright under this chapter shall also be permitted outright subject to the same use regulations and development standards that govern the similar uses.

2. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 122054 § 41, 2006; Ord. 118672 § 9, 1997; Ord. 117430 § 61, 1994; Ord. 112303 § 3(part), 1985.)

23.49.044 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial prohibited uses

The following uses are prohibited as both principal and accessory uses in DOC1, DOC2, and DMC zones, or where a single zone classification is specified, in zones with that classification only:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. All general and heavy manufacturing uses;

D. Solid waste management;

E. Recycling, except in DMC zones in South Downtown;

F. All high-impact uses;

G. In DMC zones, adult motion picture theaters and adult panorams; and

H. Principal use parking garages for long-term parking.

(Ord. 123589, § 19, 2011; Ord. 122311, § 55, 2006; Ord. 122054 § 42, 2006; Ord. 112777 § 26, 1986: Ord. 112303 § 3(part), 1985.)

23.49.045 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial principal and accessory parking

The provisions of this Section 23.49.045 apply in DOC1, DOC2, and DMC zones. DMC zoned areas within the International Special Review District are also subject to Chapter 23.66. If there is any conflict between this Section 23.49.045 and Chapter 23.66, Chapter 23.66 applies.

A. Principal Use Parking.

1. Principal use parking garages for short-term parking may be permitted as conditional uses, pursuant to Section 23.49.046.

2. In DOC1 zones, principal use long-term and short-term surface parking areas are prohibited. In DOC2 and DMC zones, principal use long-term and short-term surface parking areas may be permitted as administrative conditional uses in areas shown on Map 1I, pursuant to Section 23.49.046.

B. Accessory Parking.

1. Accessory parking garages for both long-term and short-term parking are permitted outright, up to the maximum parking limit established by Section 23.49.019.

2. Accessory surface parking areas are:

a. Permitted outright in areas shown on Map 1I if they contain a total of 20 or fewer parking spaces on the lot; and

b. Permitted outside South Downtown as administrative conditional uses pursuant to Section 23.49.046 if located in areas shown on Map 1I on a lot containing more than 20 parking spaces; and

c. Prohibited in areas not shown on Map 1I; and

d. Notwithstanding the maximum parking limit in Section 23.49.019, permitted outright for replacement of a short-term surface parking area with more than 20 parking spaces in existence on December 31, 2009, if the original location and new location are both located in a DMC zone in South Downtown, and if the existing and replacement parking are accessory to the same principal use.

3. Temporary principal and accessory surface parking areas may be permitted as conditional uses pursuant to Section 23.49.046.

(Ord. 123589, § 20, 2011; Ord. 122054 § 43, 2006; Ord. 120443 § 21, 2001; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map 1J is codified at the end of this chapter.

23.49.046 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial conditional uses and Council decisions

The provisions of this Section 23.49.046 apply in DOC1, DOC2 and DMC zones.

A. All conditional uses shall meet the following criteria:

1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements of conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use if it is determined that the negative impacts cannot be mitigated satisfactorily.

B. Principal use parking garages for short-term parking may be permitted as administrative conditional uses, if the Director finds that:

1. Traffic from the garage will not have substantial adverse effects on peak hour traffic flow to and from Interstate 5 or on traffic circulation in the area around the garage; and

2. The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and

3. The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation.

C. Temporary surface parking areas that were in existence prior to January 1, 1985 or are located on lots vacant on or before January 1, 1985, or on lots that become vacant as a result of a City-initiated abatement action, and surface parking areas meeting the requirements of Section 23.49.045, may be permitted as administrative conditional uses according to the following standards:

1. The standards stated for garages in subsection B of this section are met; and

2. The lot is screened and landscaped according to the provisions of Section 23.49.019 Parking quantity, access and screening/landscaping requirements; and

3. Permits for temporary surface parking areas may be issued for a maximum of two (2) years. Renewal of a permit for a temporary surface parking area is subject to the following:

a. Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985, or are located on lots vacant on or before January 1, 1985. A permit for temporary surface parking on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed, and

b. Renewal shall be for a maximum of two (2) years and shall be granted only if, through an administrative conditional use process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and

c. The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving, and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires; and

d. Signs at each entrance to the parking area stating the ending date of the permit shall be required.

D. Public Facilities.

1. Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2. The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3. Other Permitted Uses in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4. Expansion of Uses in Public Facilities.

a. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E. Rooftop features listed in subsection 23.49.008.D.1.c more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, according to the criteria of Section 23.49.008.

F. Helistops and heliports may be permitted as Council conditional uses according to the following criteria:

1. The helistop or heliport is for the takeoff and landing of helicopters that serve a public safety, news gathering or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone.

2. The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held, such as Safeco Field and Qwest Field, the Pike Place Market, and the Westlake Mall.

3. The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from other uses in the surrounding area.

4. Open areas and landing pads shall be hard-surfaced.

5. The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes.

G. Work-release centers may be permitted as Council conditional uses, except where prohibited in the International Special Review District, based on the following criteria:

1. Maximum Number of Residents. No work-release center shall house more than 50 persons, excluding resident staff.

2. Dispersion Criteria.

a. The lot line of any new or expanding work-release center shall be located 600 feet or more from any residential zone, any lot line of any special residence, and any lot line of any school.

b. The lot line of any new or expanding work-release center shall be located 1 mile or more from any lot line of any other work-release center.

c. The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.

3. The Council's decision shall be based on the following criteria:

a. The extent to which the applicant can demonstrate the need for the new or expanded facility in the City, including a statement describing the public interest in establishing or expanding the facility;

b. The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following:

1) Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and

2) Staff numbers, level of responsibilities, and scheduling, and

3) Compliance with the security standards of the American Corrections Association;

c. The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained;

d. The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility;

e. The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas;

f. The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking;

g. The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation;

h. Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities, and that the facility will meet State laws and requirements.

H. Jails may be permitted as Council conditional uses, except where prohibited within the International Special Review District. The Council's decision shall be based on the following criteria:

1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 123589, § 21, 2011; Ord. 123046, § 37, 2009; Ord. 122054 § 44, 2006; Ord. 120443 § 22, 2001; Ord. 119484 § 10, 1999; Ord. 118672 § 10, 1997; Ord. 116907 § 2, 1993; Ord. 116744 § 10, 1993; Ord. 116616 § 2, 1993; Ord. 116295 § 14, 1992; Ord. 114623 § 5, 1989; Ord. 114202 § 2, 1988; Ord. 113279 § 7, 1987; Ord. 112522 § 21(part), 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map 1J is codified at the end of this chapter.

23.49.056 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial street facade, landscaping, and street setback requirements

Standards are established in this section for DOC1, DOC2, and DMC zones, for the following elements:

Minimum facade heights;

Setback limits;

Facade transparency;

Blank facade limits;

Street trees; and

Setback and Landscaping Requirements in the Denny Triangle Urban Center Village.

These standards apply to each lot line that abuts a street designated on Map 1F or another map identified in a note to Map 1F as having a pedestrian classification, except lot lines of open space TDR sites, and apply along other lot lines and to circumstances as expressly stated in this Section 23.49.056. The standards for each street frontage shall vary according to the pedestrian classification of the street on Map 1F or another map identified in a note to Map 1F, and whether property line facades are required by Map 1H. Standards for street landscaping and setback requirements in subsection 23.49.056.F also apply along lot lines abutting streets in the Denny Triangle Urban Center Village, as shown on Exhibit F for 23.49.056.

A. Minimum Facade Height.

1. Minimum facade height(s) are prescribed in Table A for 23.49.056 and Exhibit A for 23.49.056, but minimum facade heights do not apply if all portions of the structure are lower than the elevation of the required minimum facade height.

Table A for 23.49.056: Minimum Façade Height
Street ClassificationMinimum Facade Height* within Designated Zone
Streets Requiring Property Line FacadesDOC1, DOC2, DMC: 35 feet
Class I Pedestrian StreetsDOC 1, DOC 2: 35 feet DMC: 25 feet
Class II Pedestrian StreetsDOC 1, DOC 2: 25 feet DMC: 15 feet
Designated Green StreetsDOC1, DOC2, DMC: 25 feet
*Except as provided in subsection 23.49.056.A.2 regarding view corridor requirements.

2. On designated view corridors specified in Section 23.49.024, the minimum facade height is the maximum height permitted in the required setback, if it is less than the minimum facade height required in subsection 23.49.056.A.1.

B. Facade Setback Limits.

1. Setback Limits for Property Line Facades. The following setback limits apply to all streets designated on Map 1H as requiring property line facades.

a. The facades of structures 15 feet or less in height shall be located within 2 feet of the street lot line.

b. Structures greater than 15 feet in height are governed by the following criteria:

1) No setback limits apply up to an elevation of 15 feet above sidewalk grade.

2) Between the elevations of 15 and 35 feet above sidewalk grade, the facade shall be located within 2 feet of the street lot line, except that:

a) Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, is not considered part of the setback.

b) Setbacks between the elevations of 15 and 35 feet above sidewalk grade at the street lot line are permitted according to the following standards, as depicted in Exhibit B for 23.49.056:

i. The maximum setback is 10 feet.

ii. The total area of a facade that is setback more than 2 feet from the street lot line shall not exceed 40 percent of the total facade area between the elevations of 15 and 35 feet.

iii. No setback deeper than 2 feet shall be wider than 20 feet, measured parallel to the street lot line.

iv. The facade of the structure shall return to within 2 feet of the street lot line between each setback area for a minimum of 10 feet. Balcony railings and other nonstructural features or walls are not considered the facade of the structure.

c. If sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street lot line.

2. General Setback Limits. The following setback limits apply on streets not requiring property line facades, as shown on Map 1H:

a. The portion of a structure subject to setback limits shall vary according to the structure height and required minimum facade height, as follows:

1) Except as provided in subsection 23.49.056.B.2.a.3, if the structure is greater than 15 feet in height, the setback limits apply to the facade between an elevation of 15 feet above sidewalk grade and the minimum facade height established in subsection 23.49.056.A and illustrated in Exhibit C for 23.49.056.

2) If the entire structure is 15 feet or less in height, the setback limits apply to the entire street-facing facade.

3) If the minimum facade height is 15 feet, the setback limits apply to the portion of the street-facing facade that is 15 feet or less in height.

b. The maximum area of all setbacks between the street lot line and facade along each street frontage of a lot shall not exceed the area derived by multiplying the averaging factor by the width of the street frontage of the structure along that street (see Exhibit D for 23.49.056). The averaging factor is five on Class I pedestrian streets and ten on Class II pedestrian streets and designated green streets.

c. The maximum width, measured along the street lot line, of any setback area exceeding a depth of 15 feet from the street lot line shall not exceed 80 feet, or 30 percent of the lot frontage on that street, whichever is less. (See Exhibit D for 23.49.056.)

d. The maximum setback of the facade from the street lot lines at intersections is 10 feet. The minimum distance the facade must conform to this limit is 20 feet along each street. (See Exhibit E for 23.49.056.)

e. Any exterior public open space that meets the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, is not considered part of a setback. (See Exhibit C for 23.49.056.)

f. If a sidewalk is widened into the lot as a condition to development, setback standards shall be measured to the line established by the new sidewalk width rather than the street lot line.

C. Facade Transparency Requirements.

1. Facade transparency requirements apply to the area of the facade between 2 feet and 8 feet above the sidewalk, except that if the slope along the street frontage of the facade exceeds 7.5 percent, the transparency requirements apply to the area of the facade between 4 feet and 8 feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2. Facade transparency requirements do not apply to portions of structures in residential use.

3. If the transparency requirements of this subsection 23.49.056.C are inconsistent with the glazing limits in the Energy Code, this subsection 23.49.056.C applies to the extent permitted by applicable law.

4. Transparency requirements are as follows:

a. Class I pedestrian streets and designated green streets: A minimum of 60 percent of the street level street-facing facade shall be transparent.

b. Class II pedestrian streets: A minimum of 30 percent of the street level street-facing facade shall be transparent.

c. Where the slope along the street frontage of the facade exceeds 7.5 percent, the required amount of transparency shall be reduced to 50 percent on Class I pedestrian streets and designated green streets and 25 percent on Class II pedestrian streets.

D. Blank Facade Limits.

1. General Provisions.

a. Blank facade limits apply to the area of the facade between 2 feet and 8 feet above the sidewalk, except that where the slope along the street frontage of the facade exceeds 7.5 percent, blank facade limits apply to the area of the facade between 4 feet and 8 feet above sidewalk grade.

b. Any portion of a facade that is not transparent shall be considered to be a blank facade.

c. Blank facade limits do not apply to portions of structures in residential use.

2. Blank Facade Limits for Class I Pedestrian Streets and Designated Green Streets.

a. Blank facades shall be no more than 15 feet wide except segments with garage doors may exceed a width of 15 feet and may be as wide as the driveway plus 5 feet. Blank facade segment width may be increased to 30 feet if the Director in a Type I decision determines that the facade segment is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

b. Any blank segments of the facade shall be separated by transparent areas at least 2 feet wide.

c. The total width of all blank facade segments, including garage doors, shall not exceed 40 percent of the street-facing facade of the structure on each street frontage, or 50 percent if the slope of the street frontage of the facade exceeds 7.5 percent.

3. Blank Facade Limits for Class II Pedestrian Streets.

a. Blank façade segments shall be no more than 30 feet wide, except for garage doors, which may exceed 30 feet. Blank facade segment width may be increased to 60 feet if the Director in a Type I decision determines that the facade segment is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus 5 feet.

b. Any blank segments of the facade shall be separated by transparent areas at least 2 feet wide.

c. The total of all blank facade segments, including garage doors, shall not exceed 70 percent of the street facade of the structure on each street frontage; or 75 percent if the slope of the street frontage of the facade exceeds 7.5 percent.

E. Street Tree Requirements. Street trees are required on all streets that have a pedestrian classification and abut a lot. If areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to street tree planting standards in the Right-of-Way Improvements Manual.

F. Setback and Landscaping Requirements for Lots Located Within the Denny Triangle Urban Center Village.

1. Landscaping in the Street Right-of-Way for All Streets Other Than Those With Green Street Plans Approved by Director's Rule. All new development in DMC zones in the Denny Triangle Urban Village, as shown on Exhibit F for 23.49.056, shall provide landscaping in the sidewalk area of the street right-of-way, except on streets with a green street plan approved by Director's Rule. The square footage of landscaped area provided shall be at least 1.5 times the length of the street lot line (in linear feet). The following standards apply to the required landscaped area:

a. The landscaped area shall be at least 18 inches wide and shall be located in the public right-of-way along the entire length of the street lot line, except for building entrances, vehicular access or other connections between the sidewalk and the lot, provided that the exceptions may not exceed 50 percent of the total length of the street lot line(s).

b. As an alternative to locating the landscaping at the street lot line, all or a portion of the required landscaped area may be provided in the sidewalk area within 5 feet of the curb line.

c. Landscaping provided within 5 feet of the curb line shall be located and designed in relation to the required street tree planting and be compatible with use of the curb lane for parking and loading.

d. All plant material shall be planted directly in the ground or in permanently installed planters where planting in the ground is not feasible. A minimum of 50 percent of the plant material shall be perennial.

2. Landscaping on a Designated Green Street. If required landscaping is on a designated green street with a green street plan approved by Director's Rule, the planting shall be consistent with designs identified in that green street plan.

3. Landscaping in Setbacks.

a. In the Denny Triangle Urban Center Village, as shown on Exhibit F for 23.49.056. at least 20 percent of the total square footage of all areas abutting the street lot line that are not covered by a structure, have a depth of 10 feet or more from the street lot line and are larger than 300 square feet, shall be landscaped. Any area under canopies or marquees is considered uncovered. Any setback provided to meet the minimum sidewalk widths established by Section 23.49.022 is exempt from the calculation of the area to be landscaped.

b. All plant material shall be planted directly in the ground or in permanently installed planters where planting in the ground is not feasible. A minimum of 50 percent of the plant material shall be perennial and shall include trees if a contiguous area, all or a portion of which is landscaped pursuant to subsection 23.49.056.F.1.a, exceeds 600 square feet.

4. Terry and 9th Avenues Green Street Setbacks.

a. In addition to the requirements of subsections 23.49.056.F.2 and 23.49.056.F.3, a 2 foot wide setback from the street lot line is required along the Terry and 9th Avenue Green Streets within the Denny Triangle Urban Center Village as shown on Exhibit F for 23.49.056. The Director may allow averaging of the setback requirement of this subsection 23.49.056.F.4.a to provide greater conformity with an approved green street plan.

b. Fifty percent of the setback area must be landscaped.

(Ord. 123649, § 30, 2011; Ord. 123589, § 22, 2011; Ord. 123046, § 65, 2009; Ord. 122054 § 45, 2006; Ord. 121477 § 17, 2004; Ord. 120443 § 27, 2001; Ord. 118409 § 186, 1996; Ord. 116744 § 11, 1993; Ord. 112303 § 3(part), 1985.)

{/PICK;23-49-056-1;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-056-1.tif;comptd;48p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibits A and B for 23.49.056\.

{/PICK;23-49-056-2;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-056-2.tif;comptd;48p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibits C, D, and E for 23.49.056\.

{/PICK;23-49-056-3;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-056-3.tif;comptd;48p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit F for 23.49.056\.

23.49.058 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial upper-level development standards

The provisions of this section apply in DOC 1, DOC 2, and DMC zones. For purposes of this section, a "tower" is a portion of a structure, not including rooftop features that would be permitted above the applicable height limit pursuant to Section 23.49.008, in which portion all gross floor area in each story is horizontally contiguous, and which portion is above (i) a height of eighty-five (85) feet in a structure that has any nonresidential use above a height of sixty-five (65) feet or does not have residential use above a height of one hundred sixty (160) feet; or (ii) in any structure not described in clause (i) a height determined as follows:

(1) For a structure on a lot that includes an entire block front or that is on a block front with no other structures, sixty-five (65) feet; or

(2) For a structure on any other lot, the height of the facade closest to the street property line of the existing structure on the same block front nearest to that lot, but if the nearest existing structures are equidistant from that lot, then the height of the higher such facade; but in no instance shall the height exceed eighty-five (85) feet or be required to be less than sixty-five (65) feet.

A. The requirements of subsections 23.49.058B and C apply to:

1. All structures one hundred sixty (160) feet in height or less in which any story above an elevation of eighty-five (85) feet above the adjacent sidewalk exceeds fifteen thousand (15,000) square feet. For structures with separate towers, the fifteen thousand (15,000) square foot threshold applies to each tower individually; and

2. Portions of structures in non-residential use above a height of one hundred sixty (160) feet in which any story above an elevation of eighty-five (85) feet exceeds fifteen thousand (15,000) square feet. For structures with separate towers, the fifteen thousand (15,000) square foot threshold applies to each tower individually.

B. Facade Modulation.

1. Facade modulation is required above a height of eighty-five (85) feet above the sidewalk for any portion of a structure located within fifteen (15) feet of a street property line. No modulation is required for portions of a facade set back fifteen (15) feet or more from a street property line.

2. The maximum length of a facade without modulation is prescribed in Table 23.49.058A. This maximum length shall be measured parallel to each street property line, and shall apply to any portion of a facade, including projections such as balconies, that is located within fifteen (15) feet of street property lines.
Table 23.49.058A
ElevationMaximum length of un-modulated facade within 15' of street property line
0 to 85 feetNo limit
86 to 160 feet155 feet
161 to 240 feet125 feet
241 to 500 feet100 feet
Above 500 feet80 feet

3. Any portion of a facade exceeding the maximum length of facade prescribed on Table 23.49.058A shall be set back a minimum of fifteen (15) feet from the street property line for a minimum distance of sixty (60) feet before any other portion may be within fifteen (15) feet of the street property line.

C. Upper-level width limit. On lots where the width and depth of the lot each exceed two hundred (200) feet, the maximum facade width for any portion of a building above two hundred forty (240) feet shall be one hundred forty-five (145) feet along the general north/south axis of a site (parallel to the Avenues), and this portion of the structure shall be separated horizontally from any other portion of a structure on the lot above two hundred forty (240) feet by at least eighty (80) feet at all points.

D. Tower floor area limits and tower width limits for portions of structures in residential use. The requirements of this subsection D apply only to structures that include portions in residential use above a height of one hundred sixty (160) feet.

1. Maximum limits on average residential gross floor area per story and maximum residential floor area per story of towers are prescribed in Table 23.49.058D1.

Table 23.49.058D1 Average residential gross floor area per story and maximum residential gross floor area per story of a tower*
(1) Zone(2) Average residential gross floor area limit per story of a tower if height does not exceed the base height limit for residential use(3) Average residential gross floor area limit per story of a tower when height exceeds the base height limit for residential use(4) Maximum residential floor area of any story in a tower
DMC 240/290-400 and DMC 340/290-40010,000 sq. ft.10,700 sq. ft.11,500 sq. ft.
DOC215,000 sq. ft.12,700 sq. ft.16,500 sq. ft.
DOC115,000 sq. ft.13,800 sq. ft.16,500 sq. ft.

*For the height at which a "tower" begins, see the definition at the beginning of this Section 23.49.058.

a. For structures that do not exceed the base height limit for residential use, each tower is subject to the average floor area per story limits specified in column (2) on Table 23.49.058D1.

b. For structures that exceed the base height limit for residential use (which requires that the applicant obtain bonus residential floor area pursuant to Section 23.49.015), the average residential gross floor area per story of each tower is subject to the applicable maximum limit specified in column (3) on Table 23.49.058D1.

c. In no instance shall the residential gross floor area of any story in a tower exceed the applicable maximum limit specified in column (4) on Table 23.49.058D1.

d. Unoccupied space provided for architectural interest pursuant to Section 23.49.008B shall not be included in the calculation of gross floor area.

2. Maximum Tower Width.

a. In DMC zones, the maximum facade width for portions of a building above eighty-five (85) feet along the general north/south axis of a site (parallel to the Avenues) shall be one hundred twenty (120) feet or eighty (80) percent of the width of the lot measured on the Avenue, which ever is less, except that:

(1) On a lot where the limiting factor is the eighty (80) percent width limit, the facade width is one hundred twenty (120) feet, when at all elevations above a height of eighty-five (85) feet, no more than fifty (50) percent of the area of the lot located within fifteen (15) feet of the street lot line(s) is occupied by the structure; and

(2) On lots smaller than ten thousand seven hundred (10,700) square feet that are bounded on all sides by street right-of-way, the maximum facade width shall be one hundred twenty (120) feet.

b. In DOC1 and DOC2 zones, the maximum facade width for portions of a building above eighty-five (85) feet along the general north/south axis of a site (parallel to the Avenues) shall be one hundred forty-five (145) feet.

c. The projection of unenclosed decks and balconies, and architectural features such as cornices, shall be disregarded in calculating the maximum width of a facade.

E. Tower spacing for all structures over one hundred sixty (160) feet in height in those DMC zoned areas specified below:

1. For the purposes of this section, no separation is required:

a. between structures on different blocks, except as may be required by view corridor or designated green street setbacks, or

b. from a structure on the same block that is not located in a DMC zone; or

c. from a structure allowed pursuant to the Land Use Code in effect prior to the effective date of Ordinance 122054.

2. Except as otherwise provided in this subsection E, in the DMC 240'/290-400' zone located between Stewart Street, Union Street, Third Avenue and First Avenue, if any part of a tower exceeds one hundred sixty (160) feet in height, then all portions of the tower that are above one hundred twenty-five (125) feet in height shall be separated by a minimum of two hundred (200) feet from any portion of any other existing tower above one hundred twenty-five (125) feet in height.

3. Except as otherwise provided in this subsection E, on DMC zoned sites with maximum height limits of more than one hundred sixty (160) feet located either in the Belltown Urban Center Village, as shown on Exhibit 23.49.058E, or south of Union Street, if any part of a tower exceeds one hundred sixty (160) feet in height, then all portions of the tower that are above one hundred twenty-five (125) feet in height must be separated by a minimum of eighty (80) feet from any portion of any other existing tower above one hundred twenty-five (125) feet in height.

4. Except as otherwise provided in this subsection E, on DMC zoned sites with maximum height limits of more than one hundred sixty (160) feet located in the Denny Triangle Urban Center Village, as shown on Exhibit 23.49.056F, if any part of a tower exceeds one hundred sixty (160) feet in height, then all portions of the tower that are above one hundred twenty-five (125) feet in height must be separated by a minimum of sixty (60) feet from any portion of any other existing tower above one hundred twenty-five (125) feet in height.

5. The projection of unenclosed decks and balconies, and architectural features such as cornices, shall be disregarded in calculating tower separation.

6. If the presence of an existing tower would preclude the addition of another tower proposed on the same block, as a special exception, the Director may waive or modify the tower spacing requirements of this section to allow a maximum of two (2) towers to be located on the same block that are not separated by at least the minimum spacing required in subsections E2, E3 and E4, other than towers described in subsection E1. The Director shall determine that issues raised in the design review process related to the presence of the additional tower have been adequately addressed before granting any exceptions to tower spacing standards. The Director shall consider the following factors in determining whether such an exception shall be granted:

a. potential impact of the additional tower on adjacent residential structures, located within the same block and on adjacent blocks, in terms of views, privacy, and shadows;

b. potential public benefits that offset the impact of the reduction in required separation between towers, including the provision of public open space, designated green street or other streetscape improvements, preservation of landmark structures, and provision of neighborhood commercial services, such as a grocery store, or community services, such as a community center or school;

c. potential impact on the public environment, including shadow and view impacts on nearby streets and public open spaces;

d. design characteristics of the additional tower in terms of overall bulk and massing, facade treatments and transparency, visual interest, and other features that may offset impacts related to the reduction in required separation between towers;

e. the City's goal of encouraging residential development downtown; and

f. the feasibility of developing the site without an exception from the tower spacing requirement.

7. For purposes of this section, an "existing" tower is either:

(a) a tower that is physically present, except as provided below in this subsection E6, or

(b) a proposed tower for which a Master Use Permit decision that includes approval of the Design Review element has been issued, unless and until either (i) the Master Use Permit issued pursuant to such decision expires or is cancelled, or the related application is withdrawn by the applicant, without the tower having been constructed; or (ii) a ruling by a hearing examiner or court of competent jurisdiction reversing or vacating such decision, or determining such decision or the Master Use Permit issued thereunder to be invalid, becomes final and no longer subject to judicial review.

A tower that is physically present shall not be considered "existing" if the owner of the lot where such tower is located shall have applied to the Director for a permit to demolish such tower and such application shall be pending or a permit issued for such demolition shall be in effect, but any permit decision or permit for any structure that would not be permitted under this section if such tower were considered "existing" may be conditioned upon the actual demolition of such tower.

F. Upper Level Setbacks.

1. When a lot in a DMC zone is across a street from the Pike Place Market Historical District as shown on Map 1K, a continuous upper-level setback of fifteen (15) feet shall be provided on all street frontages across from the Historical District above a height of sixty-five (65) feet.

2. When a lot in a DMC or DOC2 zone is located on a designated green street, a continuous upper-level setback of fifteen (15) feet shall be provided on the street frontage abutting the green street at a height of forty-five (45) feet.

G. Structure Separation Requirements for Mid-Block Corridors in a DMC Zone in South Downtown. On a lot in a DMC zone in South Downtown, the following standards apply:

1. At all levels above 45 feet and up to 85 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 45 feet, unless subsection 23.49.058.G.3 applies.

2. At all levels above 85 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 55 feet, unless subsection 23.49.058.G.3 applies.

3. If a mid-block corridor abuts a side lot line that is not a street lot line, at all levels above 45 feet structures on that lot must set back from that side lot line at all points by a minimum horizontal distance of 45 feet.

(Ord. 123589, § 23, 2011; Ord. 123046, § 65, 2009; Ord. 122235, § 9, 2006; Ord. 122054 § 46, 2006; Ord. 120967 § 7, 2003; Ord. 120443 § 28, 2001; Ord. 119728 § 5, 1999; Ord. 112519 § 10, 1985; Ord. 112303 § 3(part), 1985.)

{/PICK;23-49-058-3;38p;comptd;block;cct;def;ff;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-058-3.tif;38p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.49.059 Downtown Mixed Commercial, standards for lots abutting green streets in South Downtown

In South Downtown, lots zoned DMC abutting a designated green street are subject to the following standards:

A. Any grocery store use greater than 50,000 square feet and any other retail use greater than 25,000 square feet in size must be separated from the green street by another use for a minimum of 75 percent of the lot frontage abutting the green street.

B. For grocery stores greater than 50,000 square feet and other retail uses greater than 25,000 square feet, the following features are prohibited within 25 feet of the lot line abutting a green street except as provided in subsection 23.49.059.C:

1. loading facilities or access to loading facilities;

2. access to vehicle parking.

C. As a Type I decision, the Director may allow one or more of the features identified in subsection 23.49.059.B to be located within 25 feet of the lot line abutting a green street if the feature is within 300 feet of Rainier Avenue South and no feasible alternative location is available due to the slope of the lot, and the feature is designed to minimize impacts on pedestrian use of the green street.

(Ord. 123589, § 24, 2011.)

23.49.060 Downtown Mixed Commercial, standards for facades along mid-block corridors

In a DMC zone in South Downtown where a mid-block corridor is used to gain extra floor area or additional height, or both, a facade that faces the mid-block corridor is subject to the following standards:

A. The facade shall include at least one entrance to the predominant use in the structure or an entrance to a use listed in Section 23.49.009 for every 100 lineal feet of building façade facing the corridor. If the façade is less than 100 feet in width, then at least one entrance shall be provided.

B. Blank façade limits apply to the area of the façade facing the mid-block corridor between 2 feet and 8 feet above the grade of the corridor; except that where the slope along the corridor exceeds 7.5 percent measured at any segment of at least 20 feet, the blank façade limits apply to the area of the façade between 4 feet and 8 feet above grade within that segment. Where blank façade limits apply:

1. Blank façade segments are limited to segments of 30 feet or less in width, except that the width of a blank façade segment may be increased to up to 60 feet if the Director determines, as a Type I decision, that the façade is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

2. Any blank segments of the façade shall be separated by segments at least 2 feet wide.

3. The total width of all blank façade segments, including garage doors, shall not exceed 70 percent of the façade of the structure facing the mid-block corridor; or 75 percent if the slope of the corridor along the frontage of the façade exceeds 7.5 percent measured at any segment of at least 20 feet.

(Ord. 123589, § 25, 2011.)

Subchapter III
Downtown Retail Core

23.49.090 Downtown Retail Core, permitted uses.

A. All uses shall be permitted outright except those which are specifically prohibited by Section 23.49.092, those which are permitted only as conditional uses by Section 23.49.096, and parking, which shall be regulated by Section 23.49.094.

B. All uses not prohibited shall be permitted as either principal or accessory uses.

C. Public Facilities.

1. Except as provided in Section 23.49.096, uses in public facilities that are most similar to uses permitted outright under this chapter shall also be permitted outright subject to the same use regulations and development standards that govern the similar uses.

2. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 120443 § 37, 2001; Ord. 118672 § 13, 1997; Ord. 117430 § 65, 1994; Ord. 112303 § 3(part), 1985.)

23.49.092 Downtown Retail Core, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. All general and heavy manufacturing uses;

D. Solid waste management;

E. Recycling; and

F. All high-impact uses.

(Ord. 122311, § 56, 2006; Ord. 112777 § 28, 1986: Ord. 112303 § 3(part), 1985.)

23.49.094 Downtown Retail Core, principal and accessory parking.

A. Principal Use Parking.

1. Principal use parking garages for long-term parking are prohibited.

2. Principal use parking garages for short-term parking may be permitted as administrative conditional uses pursuant to Section 23.49.096.

3. Principal use surface parking areas for both long and short term parking are prohibited, except that temporary principal use surface parking areas may be permitted as conditional uses pursuant to Section 23.49.096.

B. Accessory Parking.

1. Accessory parking garages for both long-term and short-term parking are permitted outright, up to the maximum parking limit established by Section 23.49.019, Parking quantity, access and screening/landscaping requirements.

2. Accessory surface parking areas are prohibited, except that temporary accessory surface parking may be permitted as administrative conditional uses pursuant to Section 23.49.096.

(Ord. 122054 § 53, 2006; Ord. 112519 § 14, 1985; Ord. 112303 § 3(part), 1985.)

23.49.096 Downtown Retail Core, conditional uses and Council decisions

A. All conditional uses shall meet the following criteria:

1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacts cannot be mitigated satisfactorily.

B. Reserved.

C. Principal use parking garages for short-term parking may be permitted as conditional uses, if the Director finds that:

1. Traffic from the garage will not have substantial adverse effects on peak hour traffic flow to and from Interstate 5, or traffic circulation in the area around the garage; and

2. The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and

3. The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation.

D. Temporary surface parking areas that were in existence prior to January 1, 1985, or are located on lots vacant on or before January 1, 1985, or that are located on lots that become vacant as a result of a City-initiated abatement action, may be permitted as administrative conditional uses according to the following standards:

1. The standards stated for garages in subsection C of this section are met; and

2. The lot is screened and landscaped according to the provisions of Section 23.49.019, Parking quantity, access and screening/landscaping requirements; and

3. Permits for temporary surface parking areas may be issued for a maximum of two (2) years. Renewal of a permit for a temporary surface parking area is subject to the following:

a. Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985 or are located on lots vacant on or before January 1, 1985. A permit for a temporary surface parking area on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed; and

b. Renewal shall be for a maximum of two (2) years and shall be granted only if, through an administrative conditional use approval process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and

c. The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires; and

4. Signs at each entrance to the parking area stating the ending date of the permit shall be required.

E. Public Facilities.

1. Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2. The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4. Expansion of Uses in Public Facilities.

a. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections E1, E2 and E3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred-fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections E1, E2 and E3 above according to the provisions of Chapter 23.76. Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

F. Rooftop features listed in subsection 23.49.008.D.1.c more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, according to the criteria of Section 23.49.008.

G. Helistops and heliports may be permitted as Council conditional uses according to the following criteria:

1. The helistop or heliport is for the takeoff and landing of helicopters that serve a public safety, news gathering or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan adopted by the City Council and is not within two thousand (2,000) feet of a residential zone.

2. The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held, such as Safeco Field and Qwest Field, the Pike Place Market, and the Westlake Mall.

3. The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from other uses in the surrounding area.

4. Open areas and landing pads shall be hard-surfaced.

5. The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes.

H. Work-release centers may be permitted as Council conditional uses, based on the following criteria:

1. Maximum Number of Residents. No work-release center shall house more than fifty (50) persons, excluding resident staff.

2. Dispersion Criteria.

a. The lot line of any new or expanding work-release center shall be located six hundred (600) feet or more from any residential zone, any lot line of any special residence, and any lot line of any school.

b. The lot line of any new or expanding work-release center shall be located one (1) mile or more from any lot line of any other work-release center.

c. The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application.

3. The Council's decision shall be based on the following criteria:

a. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

b. The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following:

i. Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and

ii. Staff numbers, level of responsibilities, and scheduling, and

iii. Compliance with the security standards of the American Corrections Association;

c. The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained;

d. The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility;

e. The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas;

f. The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking;

g. The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation;

h. Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities and that the facility will meet State laws and requirements.

I. Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:

1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 123046, § 38, 2009; Ord. 122054 § 54, 2006; Ord. 120443 § 38, 2001; Ord. 119484 § 18, 1999; Ord. 118672 § 14, 1997; Ord. 116907 § 4, 1993; Ord. 116744 § 14, 1993; Ord. 116616 § 4, 1993; Ord. 116295 § 16, 1992; Ord. 114623 § 7, 1989; § 5 of Initiative 31, passed 5/16/89; Ord. 114202 § 4, 1988; Ord. 113279 § 11, 1987; Ord. 112522 § 21(part), 1985; Ord. 112519 § 15, 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map IVB is codified at the end of this chapter.

23.49.106 Downtown Retail Core, street facade requirements.

Standards for the street facades of structures are established for the following elements:

Minimum and maximum facade heights

Setback limits

Facade transparency

Blank facade limits

Screening of parking

Street trees.

These standards shall apply to each lot line of a lot that abuts a street.

A. Minimum Facade Height. Minimum facade height shall be thirty-five (35) feet except that this requirement shall not apply when all portions of the structure are lower than an elevation of thirty-five (35) feet.

B. Facade Setback Limits.

1. The facades of structures less than or equal to fifteen (15) feet in height shall be located within two (2) feet of the street property line.

2. Structures greater than fifteen (15) feet in height shall be governed by the following criteria:

a. No setback limits shall apply up to an elevation of fifteen (15) feet above sidewalk grade.

b. Between the elevations of fifteen (15) and thirty-five (35) feet above sidewalk grade, the facade shall be located within two (2) feet of the street property line, except that setbacks between the elevations of fifteen (15) and thirty-five (35) feet above sidewalk grade at the property line shall be permitted according to the following standards (see Exhibit 23.49.106 A):

(1) The maximum setback shall be ten (10) feet.

(2) The total area of the portion of the facade between the elevations of fifteen (15) feet and thirty-five (35) feet above sidewalk grade at the street property line that is set back more than two (2) feet from the street property line shall not exceed forty (40) percent of the total facade area between the elevations of fifteen (15) feet and thirty-five (35) feet.

(3) No setback deeper than two (2) feet shall be wider than twenty (20) feet, measured parallel to the street property line.

(4) The facade of the structure shall return to within two (2) feet of the street property line between each setback area for a minimum of ten (10) feet. Balcony railings and other nonstructural features or walls shall not be considered the facade of the structure.

3. When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

C. Facade Transparency Requirements.

1. Facade transparency requirements shall apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk. Only clear or lightly tinted glass in windows, doors and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2. When the transparency requirements of this subsection are inconsistent with the glazing limits in the Energy Code1, this subsection shall apply.

3. On all streets, a minimum of sixty (60) percent of the street level facade shall be transparent.

D. Blank Facade Limits.

1. Blank facade limits shall apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk.

2. Any portion of the facade which is not transparent shall be considered to be a blank facade.

3. Blank facades shall be limited to segments fifteen (15) feet wide, except for garage doors which may be wider than fifteen (15) feet. Blank facade width may be increased to thirty (30) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

4. Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

5. The total of all blank facade segments, including garage doors, shall not exceed forty (40) percent of the street facade of the structure on each street frontage.

E. Reserved.

F. Street Tree Requirements. Street trees shall be required on all streets abutting a lot. When areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to Seattle Department of Transportation Tree Planting Standards.

(Ord. 122054 § 55, 2006; Ord. 121477 § 19, 2004; Ord. 120443 § 43, 2001; Ord. 118409 § 188, 1996: Ord. 116744 § 15, 1993; Ord. 112519 § 18, 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: The Energy Code is codified at Subtitle VII of Title 22 of this Code. {/PICK;23-49-106-1;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-106-1.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.49.106A\. {/PICK;23-49-106-2;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-106-2.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.49.106A (Old)\. {/PICK;23-49-106-3;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-106-3.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.49.106B\. {/PICK;23-49-106-4;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-106-4.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.49.106C\.

23.49.108 Downtown Retail Core, upper-level development standards.

A. Structure setbacks of fifteen (15) feet from the street property line are required for all portions of a building at or above a height of eighty-five (85) feet above the adjacent sidewalk. (See Exhibit 23.49.108A.)

(Ord. 122054 § 56, 2006; Ord. 120443 § 44, 2001.) {/PICK;23-49-108;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-108.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibits 23.49.108A, 23.49.108B\.

Subchapter IV
Downtown Mixed Residential

23.49.140 General provisions.

All property zoned Downtown Mixed Residential (DMR) shall be designated as either Downtown Mixed Residential/Residential (DMR/R) or Downtown Mixed Residential/Commercial (DMR/C) on the Official Land Use Map, Chapter 23.32.

(Ord. 112303 § 3(part), 1985.)

23.49.142 Downtown Mixed Residential, permitted uses.

A. All uses shall be permitted outright except those specifically prohibited by Section 23.49.144, and those permitted only as conditional uses by Section 23.49.148, and parking, which shall be regulated by Section 23.49.146.

B. All uses not prohibited shall be permitted as either principal or accessory uses.

C. Public Facilities.

1. Except as provided in Section 23.49.148 D2, uses in public facilities that are most similar to uses permitted outright under this chapter shall also be permitted outright subject to the same use regulations and development standards that govern the similar uses.

2. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118672 § 17, 1997; Ord. 117430 § 68, 1994; Ord. 112303 § 3(part), 1985.)

23.49.143 Downtown Mixed Residential, size of use limits in South Downtown

In a DMR zone in South Downtown, each general sales and services business establishment and eating and drinking establishment is limited to a maximum size of 25,000 square feet, except that the size limit for a grocery store is 50,000 square feet.

(Ord. 123589, § 26, 2011.)

23.49.144 Downtown Mixed Residential, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage;

C. Helistops and heliports;

D. Adult motion picture theaters and adult panorams;

E. Light manufacturing uses in DMR/R areas;

F. All general and heavy manufacturing uses;

G. Solid waste management;

H. Recycling;

I. All high-impact uses; and

J. Work-release centers.

(Ord. 122311, § 57, 2006; Ord. 114623 § 9, 1989: Ord. 113279 § 15, 1987: Ord. 112777 § 30, 1986: Ord. 112303 § 3(part), 1985.)

23.49.146 Downtown Mixed Residential, principal and accessory parking

A. Principal Use Parking.

1. Principal use parking garages for long-term and short-term parking are prohibited in a DMR zone except that principal use parking garages for short-term parking may be permitted either as an administrative conditional use in South Downtown outside the International Special Review District pursuant to Section 23.49.148, or within the International Special Review District pursuant to Section 23.66.324.

2. Principal use surface parking areas are prohibited, except that temporary principal use surface parking areas in DMR/C areas may be permitted as conditional uses pursuant to Section 23.49.148.

B. Accessory Parking.

1. Accessory parking garages for both long-term and short-term parking are permitted outright, if located on the same lot as the use that they serve, up to the maximum parking limit established by Section 23.49.019. Parking garages providing accessory parking for residential uses, which include the residential portion of live-work units, located on another lot may be permitted as conditional uses pursuant to Section 23.49.148. Parking garages providing accessory parking for nonresidential uses located on another lot are prohibited.

2. Accessory surface parking areas are:

a. Prohibited in DMR/R areas;

b. Permitted in DMR/C areas outside the International Special Review District if they contain 20 or fewer parking spaces; or

c. Permitted as a conditional use in DMR/C areas outside the International Special Review District if they contain more than 20 parking spaces, pursuant to Section 23.49.148; or

d. Permitted in a DMR/C zone in the International Special Review District, pursuant to Section 23.66.324.

(Ord. 123589, § 27, 2011; Ord. 122054 § 65, 2006; Ord. 121196 § 17, 2003; Ord. 113279 § 16, 1987: Ord. 112519 § 23, 1985; Ord. 112303 § 3(part), 1985.)

23.49.148 Downtown Mixed Residential, conditional uses and Council decisions

A. All conditional uses shall meet the following criteria:

1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacts cannot be mitigated satisfactorily.

B. Parking garages providing accessory parking for residential uses located on another lot, and principal use parking garages providing short-term parking in South Downtown outside of the International Special Review District, may be permitted as conditional uses, if the Director finds that:

1. Unserved parking demand associated with existing or forecast future development within 1,000 feet of the proposed parking facility is sufficient to warrant construction of the facility; and

2. The garage will be operated in a manner such that substantial traffic associated with uses not located within the DMR zone will not be generated; and

3. The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and

4. The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation.

C. Accessory surface parking areas, where permitted as an administrative conditional use by Section 23.49.146, and temporary principal surface parking areas that were in existence prior to January 1, 1985, or are located on lots vacant on or before January 1, 1985, or on lots that become vacant as a result of a City-initiated abatement action, may be permitted as conditional uses in DMR/C areas if the Director finds that:

1. Traffic from the parking area will not have substantial adverse effects on traffic circulation in the surrounding areas; and

2. The vehicular entrances to the parking area are located so that they will not disrupt traffic or transit routes; and

3. The traffic generated by the parking area will not have substantial adverse effects on pedestrian circulation; and

4. The parking area is screened and landscaped according to the provisions of Section 23.49.019, Parking quantity, access and screening/landscaping requirements; and

For temporary principal surface parking areas, permits may be issued for a maximum of two (2) years.

Renewal of a permit for a temporary surface parking area shall be subject to the following:

a. Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985, or located on lots vacant on or before January 1, 1985. A permit for temporary surface parking on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed; and

b. Renewal shall be for a maximum of two (2) years and shall be granted only if, through an administrative conditional use process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and

c. The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving, and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires, and

d. Signs at each entrance to the parking area stating the ending date of the permit shall be required.

D. Public Facilities.

1. Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2. The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3. Other Uses Permitted Uses in Public Facilities. Unless specifically prohibited, public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4. Expansion of Uses in Public Facilities.

a. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E. Rooftop features listed in subsection 23.49.008.D.1.c more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, according to the criteria of Section 23.49.008.

F. Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:

1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 123589, § 28, 2011; Ord. 123046, § 39, 2009; Ord. 122054 § 66, 2006; Ord. 119484 § 25, 1999; Ord. 118672 § 18, 1997; Ord. 116295 § 18, 1992; Ord. 114623 § 10, 1989; Ord. 114202 § 6, 1988; Ord. 113279 § 17, 1987; Ord. 112522 § 21(part), 1985; Ord. 112519 § 24, 1985; Ord. 112303 § 3(part), 1985.)

23.49.156 Downtown Mixed Residential, minimum lot size

A. This subsection 23.49.156.A applies to DMR zones outside of South Downtown.

1. The minimum lot size is 19,000 square feet for any structure over 125 feet high.

2. To meet the minimum lot size requirement, a lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that:

a. The total area of the combined lots meets the minimum lot size requirement;

b. All lots have frontage on the same avenue;

c. Any existing structure does not exceed a height of 125 feet;

d. The lot coverage of both the proposed and any existing structures does not exceed applicable lot coverage limits in Section 23.49.158; and

e. The fee owners of the abutting lot(s) execute a deed or other agreement, recorded with the County Recorder as an encumbrance on the abutting lot(s), that restricts future development of the abutting lot(s) to a maximum height of 125 feet for the life of the proposed structure, and that precludes the use of the abutting lot(s) in combination with any other abutting lots for purposes of meeting the minimum lot size requirements for any other lot.

B. This subsection 23.49.156.B applies within DMR zones in South Downtown.

1. The minimum lot size for any structure greater than 85 feet in height is 40,000 square feet.

2. To meet the minimum lot size requirement, a lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that the total area of the combined lots meets the minimum lot size requirement and the lot coverage of the proposed and any existing structures does not exceed the applicable lot coverage limits in Section 23.49.158.

(Ord. 123589, § 29, 2011; Ord. 112303 § 3(part), 1985.)

23.49.158 Downtown Mixed Residential, coverage and floor size limits

A. Coverage.

1. Except on lots located in DMR/R 85/65 zones, and except as provided in subsection 23.49.158.C, portions of structures above 65 feet shall not exceed the coverage limits in Table A for 23.49.158:

Table A for 23.49.158 Percent Coverage Permitted by Lot Size
Elevation of Portion of Structure (in feet)0– 19,000 Square Feet19,001– 25,000 Square Feet25,001– 38,000 Square FeetGreater Than 38,000 Square Feet
65 feet or less100%100%100%100%
Greater than 65 feet up to 85 feet75%65%55%45%
Greater than 85 feet up to 125 feet65%55%50%40%
Greater than 125 feet up to 240 feetNot applicable45%40%35%

2. In order to meet the coverage limits, a lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that:

a. The coverage of all structures on the lots does not exceed any of the applicable limits set in this subsection 23.49.158.A; and

b. The fee owners of the abutting lot(s) execute a deed or other agreement, recorded with the King County Recorder as an encumbrance on the lots, that restricts future development so that in combination with the other lots, the coverage limits will not be exceeded.

B. Story Size. Each story in portions of structures above 125 feet shall have a maximum gross floor area of 8,000 square feet.

C. In South Downtown, the following coverage limits apply:

1. For structures up to 85 feet in height, coverage limits are shown in Table B for 23.49.158:

Table B for 23.49.158 Percent Coverage Permitted by Height Range For Structures Up To 85 Feet in Height in South Downtown
Height of portion of structurePercent of lot coverage permitted
65 feet or lessNo limit
Greater than 65 feet up to 85 feet75%

2. For buildings greater than 85 feet in height, portions of structures above 65 feet in height are limited to 50 percent lot coverage.

B. Floor Size. Each floor in portions of structures above an elevation of one hundred twenty-five (125) feet shall have a maximum gross floor area of eight thousand (8,000) square feet.

(Ord. 123589, § 31, 2011; Ord. 112303 § 3(part), 1985.)

23.49.162 Downtown Mixed Residential, street facade requirements

Standards for the facades of structures are established for the following elements:

Minimum facade heights;

Setback limits;

Facade transparency;

Blank facade limits; and

Landscaping.

These standards shall apply to each lot line that abuts a street designated on Map 1F or another map identified in a note to Map 1F as having a pedestrian classification, except lot lines of open space TDR sites. The standards on each street frontage shall vary according to the pedestrian classification of the street on Map 1F or another map identified in a note to Map 1F, and whether property line facades are required by Map 1H.

A. Minimum Facade Height.

1. Minimum facade height shall be as described in the table below (and see Exhibit 23.49.162 A), but minimum facade heights shall not apply when all portions of the structure are lower than the elevation of the required minimum facade height listed below.
All Streets Where Property Line Facades Are Required Minimum Facade* HeightClass I Pedestrian Streets and Green Streets Minimum Facade* HeightClass II Pedestrian Streets Minimum Facade* Height
35 feet25 feet15 feet

* Except as modified by view corridor requirements.

2. On designated view corridors, Section 23.49.024, the minimum facade height shall be the required elevation of the setback, when it is less than the minimum facade height required in subsection A1.

B. Facade Setback Limits.

1. Setback Limits for Property Line Facades. The following setback limits shall apply to all streets designated on Map 1H as requiring property line facades:

a. The facades of structures fifteen (15) feet or less in height shall be located within two (2) feet of the street property line.

b. Structures greater than fifteen (15) feet in height shall be governed by the following standards:

(1) No setback limits shall apply up to an elevation of fifteen (15) feet above sidewalk grade.

(2) Between the elevations of fifteen (15) and thirty-five (35) feet above sidewalk grade, the facade shall be located within two (2) feet of the street property line, except that:

i. Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, shall not be considered part of a setback.

ii. Setbacks between the elevations of fifteen (15) and thirty-five (35) feet above sidewalk grade at the property line shall be permitted according to the following standards (See Exhibit 23.49.162 B.):

(a) The maximum setback shall be ten (10) feet.

(b) The total area of a facade that is set back more than two (2) feet from the street property line shall not exceed forty (40) percent of the total facade area between the elevations of fifteen (15) and thirty-five (35) feet.

(c) No setback deeper than two (2) feet shall be wider than twenty (20) feet, measured parallel to the street property line.

(d) The facade of the structure shall return to within two (2) feet of the street property line between each setback area for a minimum of ten (10) feet. Balcony railings and other nonstructural features or walls shall not be considered the facade of the structure.

c. When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

2. General Setback Limits. The following setback limits shall apply on streets not requiring property line facades as shown on Map 1H. Except when the entire structure is fifteen (15) feet or less in height, or when the minimum facade height established in subsection A of this section is fifteen (15) feet, the setback limits shall apply to the facade between an elevation of fifteen (15) feet above sidewalk grade and the minimum facade height established in subsection A of this section (see Exhibit 23.49.162 C). When the structure is fifteen (15) feet or less in height, the setback limits shall apply to the entire street facade. When the minimum facade height is fifteen (15) feet, the setback limits shall apply to the portion of the street facade that is fifteen (15) feet or less in height.

a. The maximum area of all setbacks between the lot line and facade shall be limited according to an averaging technique. The maximum area of all setbacks along each street frontage of a lot shall not exceed the area determined by multiplying the averaging factor by the width of the street frontage of the structure along the street. (See Exhibit 23.49.162 D.) The averaging factor shall be five (5) on Class I pedestrian streets, twenty (20) on Class II pedestrian streets, and thirty (30) on designated green streets. Parking shall not be located between the facade and the street lot line.

b. The maximum width, measured along the street property line, of any setback area exceeding a depth of fifteen (15) feet from the street property line shall not exceed eighty (80) feet, or thirty (30) percent of the lot frontage on that street, whichever is less. (See Exhibit 23.49.162D.)

c. The maximum setback of the facade from the street property line at intersections is ten (10) feet. The minimum distance the facade must conform to under this limit is twenty (20) feet along each street. (See Exhibit 23.49.162E.)

d. Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, shall not be considered part of a setback. (See Exhibit 23.49.162C.)

e. When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

C. Facade Transparency Requirements.

1. Facade transparency requirements apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except that where the slope along the street frontage of the facade exceeds seven and one-half (7 1/2) percent, the facade transparency requirements apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2. Facade transparency requirements do not apply to portions of structures in residential use.

3. When the transparency requirements of this subsection are inconsistent with the glazing limits in the Energy Code, this subsection applies.

4. Transparency requirements are as follows:

a. Class I pedestrian streets: A minimum of sixty (60) percent of the street-level facade shall be transparent.

b. Class II pedestrian streets and designated green streets: A minimum of thirty (30) percent of the street-level facade shall be transparent.

c. When the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent, the required amount of transparency shall be reduced to fifty (50) percent on Class I pedestrian streets and twenty-five (25) percent on Class II pedestrian streets and designated green streets.

D. Blank Facade Limits.

1. General Provisions.

a. Blank facade limits apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except where the slope along the street frontage of the facade exceeds seven and one-half (7 1/2) percent, in which case the blank facade limits apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade.

b. Any portion of a facade that is not transparent is considered to be a blank facade.

c. Blank facade limits do not apply to portions of structures in residential use.

2. Blank Facade Limits for Class I Pedestrian Streets.

a. Blank facades shall be limited to segments fifteen (15) feet wide, except for garage doors which may exceed fifteen (15) feet. Blank facade width may be increased to thirty (30) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b. Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c. The total of all blank facade segments, including garage doors, shall not exceed forty (40) percent of the street facade of the structure on each street frontage; or fifty (50) percent if the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent.

3. Blank Facade Limits for Class II Pedestrian Streets and Designated Green Streets.

a. Blank facades shall be limited to segments thirty (30) feet wide, except for garage doors which may exceed thirty (30) feet. Blank facade width may be increased to sixty (60) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b. Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c. The total of all blank facade segments, including garage doors, shall not exceed seventy (70) percent of the street facade of the structure on each street frontage; or seventy-five (75) percent if the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent.

E. Reserved.

F. Landscaping Requirements.

1. Street Tree Requirements. Street trees are required on all streets that have a pedestrian classification and abut a lot. If areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to street tree planting standards in the Right-of-Way Improvements Manual.

2. Landscaping in the Street Right-of-way if Green Factor standards do not apply. New development that is not required to achieve a Green Factor score shall provide landscaping in the sidewalk area of the street right-of-way. The square feet of landscaped area provided shall be at least 1.5 times the length of the street lot line. The following standards apply to the required landscaped area:

a. The landscaped area shall be at least 18 inches wide and shall be located in the public right-of-way along the entire length of the street lot line.

b. Exceptions shall be allowed for building entrances, vehicular access or other connections between the sidewalk and the lot, but exceptions shall not exceed 50 percent of the total length of the street lot line(s).

c. As an alternative to locating the landscaping at the street lot line, all or a portion of the required landscaped area may be provided within 5 feet of the curb line.

d. Landscaping provided within 5 feet of the curb line shall be located and designed in relation to the required street tree planting and take into consideration use of the curb lane for parking and loading.

e. Landscaping shall not reduce unobstructed sidewalk width to less than 5 feet on east/west streets or less than 8 feet on avenues, except that in South Downtown, landscaping shall not reduce unobstructed sidewalk width to less than 8 feet on east/west streets or less than 5 feet on avenues.

f. All plant material shall be planted directly in the ground. A minimum of 50 percent of the plant material shall be perennial.

g. Landscaping shall be consistent with applicable landscaping guidelines for designated green streets or approved street design concept plans identified in the Right-of-Way Improvements Manual.

3. Landscaping in Setbacks if Green Factor standards do not apply. This subsection 23.49.162.F.3 applies to development that is not required to achieve a Green Factor score.

a. At least 20 percent of areas on the street lot line that are not covered by a structure, have a depth of 10 feet or more from the street lot line, and are larger than 300 square feet, shall be landscaped. Any area under canopies or marquees is considered uncovered. Any setback provided to meet the minimum sidewalk widths established by Section 23.49.022 is exempt from the calculation of the area to be landscaped.

b. All plant material shall be planted directly in the ground or in permanently installed planters. A minimum of 50 percent of the plant material shall be perennial and shall include trees if the setback area exceeds 600 square feet.

(Ord. 123589, § 31, 2011; Ord. 123046, § 65, 2009; Ord. 122054 § 67, 2006; Ord. 121477 § 21, 2004; Ord. 120443 § 57, 2001; Ord. 118409 § 190, 1996: Ord. 117263 § 44, 1994: Ord. 116744 § 18, 1993; Ord. 112519 § 26, 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Maps 1I and 1G are codified at the end of this chapter.

2. Editor's Note: The Energy Code is codified at Subtitle VII of Title 22 of this code.

{/PICK;23-49-162-1;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-162-1.tif;comptd;48p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibits 23.49.162A, 23.49.162B\.

{/PICK;23-49-162-2;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-162-2.tif;comptd;48p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibits 23.49.162C, 23.49.162D, 23.49.162E\.

23.49.163 Downtown Mixed Residential, standards for facades along mid-block corridors

On a lot where a mid-block corridor is used to gain extra floor area or additional height, or both, a facade that faces the mid-block corridor is subject to the following standards:

A. The facade shall include at least one entrance to the predominant use in the structure or an entrance to a use listed in Section 23.49.009 for every 100 lineal feet of building façade facing the corridor. If the façade is less than 100 feet in width, then at least one entrance shall be provided.

B. Blank façade limits apply to the area of the façade facing the mid-block corridor between 2 feet and 8 feet above the grade of the corridor; except that where the slope along the corridor exceeds 7.5 percent measured at any segment of at least 20 feet, the blank façade limits apply to the area of the façade between 4 feet and 8 feet above grade within that segment. Where blank façade limits apply:

1. Blank façade segments are limited to segments of 30 feet or less in width, except that the width of a blank façade segment may be increased to up to 60 feet if the Director determines, as a Type I decision, that the façade is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

2. Any blank segments of the façade shall be separated by segments at least 2 feet wide.

3. The total width of all blank façade segments, including garage doors, shall not exceed 70 percent of the façade of the structure facing the mid-block corridor; or 75 percent if the slope of the corridor along the frontage of the façade exceeds 7.5 percent measured at any segment of at least 20 feet.

(Ord. 123589, § 32, 2011.)

23.49.164 Downtown Mixed Residential, maximum width, depth and separation requirements

A. Width and Depth Limits. Except as provided in subsections 23.49.164.B, 23.49.164.C, and 23.49.164.D, a maximum width and depth for the portion of a structure above 65 feet in height is established in Table A for 23.49.164, and this portion of the structure shall be separated horizontally from any other portion of a structure on the lot above 65 feet in height by at least 20 feet at all points. The maximum applies to the width and depth of portions of structures as measured parallel to any street lot line.

Table A for 23.49.164 Maximum Width and Depth by Lot Size
Height of Portion of Structure (in feet)0– 19,000 Square FeetGreater Than 19,000 Square Feet
Greater than 65 up to 12590 feet on avenues 120 feet on east/west streets120 feet
Greater than 125 up to 240Not applicable100 feet

B. In a DMR/R 85/65 zone, width of portions of structures above a height of 65 feet is not limited.

C. Housing Option.

1. On lots with structures that contained low-income housing on or before September 11, 1988, and that meet the requirements of subsection 23.49.164.C.4, the width above a height of 65 feet of portions of structures that are located less than 20 feet from a street lot line shall not exceed 120 feet per block front. This maximum applies to the width as measured parallel to the street lot line. Portions of structures, measured parallel to the street lot line, that are located 20 feet or more from the street lot line, have no maximum limit.

2. If the housing option is used, no portions of the structure may be located in the area within 20 feet of the intersection of street lot lines between heights of 65 feet and 125 feet.

3. If the housing option is used, each story in portions of structures between heights of 65 feet and 125 feet shall have a maximum gross floor area of 25,000 square feet or the lot coverage limitation, whichever is less. The 25,000 square foot limit shall apply separately to portions of the same structure that are not connected above 65 feet.

4. In order to use the housing option, housing on the lot shall be subject to an agreement with the City that contains the following conditions and any other provisions necessary to ensure compliance:

a. The demolition or change of use of the housing shall be prohibited for not less than 50 years from the date a final certificate of occupancy is issued for the commercial development on the lot; and

b. If the housing is or was rental housing on or before September 11, 1988, it shall be used as rental housing for not less than 50 years from the date a final certificate of occupancy is issued for the commercial development of the lot; and

c. The structure will be brought up to and maintained in conformance with the Housing and Building Maintenance Code; and

d. Housing that is or was low-income housing on or before September 11, 1988, shall be maintained as low-income housing for not less than 50 years from the date a final certificate of occupancy is issued for the commercial development on the lot.

5. Housing that is preserved according to this Section 23.49.164 does not qualify for a downtown housing bonus or for transfer of development rights.

D. Façade Width Limits and Separation Requirements in South Downtown. On a lot in a DMR/C zone in South Downtown, the following standards apply:

1. For the portion of a structure 65 feet in height or less, the maximum width of a street-facing facade is 250 feet.

2. For the portion of a structure above 65 feet in height, the maximum width of a street-facing facade is 120 feet.

3. At all levels above 65 feet in height, separate structures on a lot and separate portions of the same structure must be separated at all points by a minimum horizontal distance of 20 feet, or as specified in subsections 23.49.164.D.4 and 23.49.164.D.5 for structures separated by a mid-block corridor.

4. At all levels above 45 feet and up to 85 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 45 feet, unless subsection 23.49.164.D.6 applies.

5. At all levels above 85 feet in height, structures separated by a mid-block corridor must be separated at all points by a minimum horizontal distance of 55 feet, unless subsection 23.49.164.D.6 applies.

6. If a mid-block corridor abuts a side lot line that is not a street lot line, at all levels above 45 feet structures on that lot must set back from that side lot line at all points by a minimum horizontal distance of 45 feet.

(Ord. 123589, § 33, 2011; Ord. 122054 § 68, 2006; Ord. 114079 § 2, 1988: Ord. 113279 § 20, 1987: Ord. 112519 § 27, 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Ordinance 114079 was passed by the Council on August 8, 1988.

2. Editor's Note: The Housing and Building Maintenance Code is codified at Chapters 22.200 through 22.208 of this Code.

23.49.165 Downtown Mixed Residential, Façade Modulation Requirement - South Downtown

This Section 23.49.165 applies only in DMR zones in South Downtown. For a structure that exceeds 85 feet in height, façade modulation is required for the portion of a street-facing facade above 45 feet in height if any part of the façade above that height is located less than 10 feet from street lot lines and the façade above that height exceeds a length of 110 feet measured parallel to street lot lines. Projections from the street-facing façade or any other façade, such as balconies, within 10 feet of street lot lines or their projection, are included in this measurement of length. If façade modulation is required, a portion of the façade with a minimum length of 30 feet must be set back a minimum of 10 feet from street lot lines at all levels above 45 feet.

(Ord. 123589, § 34, 2011.)

23.49.166 Downtown Mixed Residential, side setback and green street setback requirements

A. Side Setbacks.

1. In DMR zones outside South Downtown, except in DMR/R 85/65 zones, setbacks are required from side lot lines that are not street lot lines as established in Table A for 23.49.166. The setback requirement applies to all portions of the structure above a height of 65 feet. The amount of the setback requirement is determined by the length of the frontage of the lot on an avenue:

Table A for 23.49.166 Required Side Setbacks Above 65 Feet, DMR Zones Outside South Downtown Except DMR/R 85/65 Zones
Frontage on AvenueRequired Setback Above 65 Feet
120 feet or lessNot required
Greater than 120 feet up to 180 feet20 feet
Greater than 180 feet40 feet

2. In DMR zones within South Downtown, setbacks of 10 feet are required from side lot lines that are not street lot lines, for portions of structures above a height of 65 feet.

B. Green Street Setbacks. In DMR zones outside South Downtown, except in DMR/R 85/65 zones, a setback is required from the street lot line abutting a green street designated on Map 1B. The setback shall be as follows:

1. Ten feet for portions of structures above 65 feet in height to a maximum of 85 feet; and

2. For each portion of a structure above 85 feet in height, an additional setback is required at a rate of one foot of setback for every five feet that the height of such portion exceeds 85 feet.

C. Green Street Setbacks in South Downtown. In DMR zones in South Downtown, a setback from the street lot line is required on designated green streets for buildings greater than 65 feet in height. The required setback is determined by Table C for 23.49.166:

Table C for 23.49.166 Required Setbacks on Designated Green Streets For Buildings Greater Than 65 Feet in Height in DMR Zones in South Downtown
Height of Portion of StructureRequired Setback in Feet
Greater than 45 feet up to 85 feet10
Greater than 85 feet up to 150 feet15

(Ord. 123589, § 35, 2011; Ord. 120443 § 58, 2001; Ord. 117263 § 45, 1994; Ord. 114202 § 1, 1988; Ord. 113279 § 21, 1987; Ord. 112519 § 28, 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map 1G is codified at the end of this chapter.

Subchapter V
Pioneer Square Mixed

23.49.168 General standards.

All property located within the Pioneer Square Mixed (PSM) zone shall be subject to the use and development standards of the Pioneer Square Preservation District, Chapter 23.66, in addition to the use and development standards contained in this chapter. In the event that there is a conflict between the use and development standards of this chapter and the provisions of the Pioneer Square Preservation District, Chapter 23.66, Subchapter II, the provisions of Chapter 23.66 shall apply.

(Ord. 112303 § 3(part), 1985.)

23.49.170 Pioneer Square Mixed, permitted uses.

The Overlay District regulations of the Pioneer Square Preservation District, Chapter 23.66, contain the use provisions for the PSM zone.

(Ord. 112303 § 3(part), 1985.)

23.49.178 Pioneer Square Mixed, structure height

A. Maximum structure height is the applicable height limit designated on the Official Land Use Map, Chapter 23.32, except as provided in this Section 23.49.178.

B. Rooftop features and certain additions to structures are allowed to exceed the applicable height limit according to subsection 23.66.140.C.

C. In the PSM 100/100-120 zone, a structure within which a streetcar maintenance base has been established may attain a maximum height of 130 feet if the structure has, in residential or hotel use, gross floor area equal to the gross floor area in the structure above 100 feet.

D. In the PSM 100/100-120, PSM 100/100-130, and PSM 100/120-150 zones, except as provided in subsection 23.49.178.C, the applicable height limit is determined as set forth in this subsection 23.49.178.D. The base height limit for nonresidential or live-work uses is the first figure after the "PSM" designation, and is the height limit for all portions of a structure that contain those uses unless all of the conditions of subsections 23.49.178.D.1-5 are satisfied. The base height limit for residential use, shown as the first figure following the "/", is the applicable height limit for a structure that contains residential uses and does not satisfy the conditions to exceed the base height limit under this subsection 23.49.178.D. Subject to any limit imposed under Section 23.66.140, the third figure shown is the applicable height limit for a structure if all of the conditions to exceeding base height limits under this subsection 23.49.178.D are satisfied. A structure may exceed the base height limits only if:

1. Construction does not involve the demolition or removal of any building or structure except as approved pursuant to Section 23.66.115;

2. No building or structure has been demolished or removed from the lot within the ten years immediately preceding application for a building permit for the structure or addition that would exceed an applicable base height limit unless the Director of Neighborhoods determines that the demolished or removed building or structure did not contribute to the architectural or historic character of the Pioneer Square Preservation District;

3. No portion of the structure has been determined to be "contributing" pursuant to Section 23.66.032, except that additional height for contributing structures is permitted if the applicant can demonstrate, to the satisfaction of the Director of Neighborhoods, that the proposed height is no greater than the maximum height to which the contributing structure was built.

4. The gross floor area of the portion of the structure in residential use will equal or exceed the gross floor area in the portion of the structure above 100 feet;

5. The structure will use extra residential floor area available under Section 23.49.023 to gain all additional floor area above the base height limit for residential uses; and

6. The lot area is at least 7,200 square feet.

E. In the PSM 85-120 zone:

1. The applicable height limit is 85 feet except as provided in subsections 23.49.178.E.2 and 23.49.178.E.3.

2. The applicable height limit is 120 feet if a minimum of 75 percent of the gross floor area of the structure is in residential use, except as provided in subsection 23.49.178.E.3.

3. The applicable height limit is 240 feet for structures located within the area identified on Map A for 23.49.180 if the structures comply with the provisions of Section 23.49.180.

(Ord. 123589, § 36, 2011; Ord. 123034, § 3, 2009; Ord. 122435, § 1, 2007; Ord. 122330, § 1, 2007; Ord. 112519, § 29, 1985; Ord. 112303, § 3, 1985.)

23.49.180 Additional height in the Pioneer Square Mixed 85-120 zone

A. General Intent. This section applies to the area identified on Map A for 23.49.180 within the Pioneer Square Preservation District if an applicant elects to develop a project using the height limits in Section 23.49.178.E.3. The purpose of this section is to provide added flexibility through an increase in the maximum height limit to promote a high density, mixed use, and mixed income development that can contribute to the vitality of Pioneer Square.

{/PICK;23-49-180;38p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-49-180.tif;38p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

B. Structure height.

1. The maximum structure height is 240 feet for a proposed development for which all the following is true:

a. An amount of floor area in residential use equal to or greater than 2 FAR is to be provided on the lot upon completion of the project. The project applicant shall have entered into an agreement with the City that is recorded against the property prior to issuance of the MUP, in which the owner agrees to provide the amount of residential floor area on the lot specified in Subsection 23.49.180.B.1.a, and agrees that failure to provide the amount of residential floor area before the expiration of the MUP will result in the loss of the ability to use any floor area built above the otherwise applicable height limit.

b. Provision is made for pedestrian circulation and for mitigation of scale and bulk impacts from the increased height through:

1) Pedestrian routes providing connections between the Weller Street pedestrian bridge and:

a) Occidental Avenue S., and

b) S. King Street; and

2) An open area extending through the lot aligned with the 2nd Avenue S. right-of-way and meeting the standards of subsection 23.49.180.G.6.c.

c. The proposed development complies with the standards of subsections 23.49.180.C through 23.49.180.I.

2. Rooftop features. Rooftop features are allowed to exceed the maximum structure height pursuant to subsection 23.49.008.D.

C. Lot area. If the applicant uses the height provisions of subsection 23.49.180.B to gain additional height above the otherwise applicable height limit, the entire area identified on Map A for 23.49.180, including any areas provided as open area or setbacks, or dedicated as street right of way, shall be used to determine compliance with applicable provisions of this section and Section 23.49.181.

D. Location of uses. If the applicant uses the height provisions of subsection 23.49.180.B to gain additional height above the otherwise applicable height limit, uses on the lot with a development using these height provisions are to be located on the lot as follows:

1. Commercial uses. Commercial uses are to be concentrated in the area with the most direct access to regional transit and where commercial development can buffer residential uses from rail operations at King Street Station.

2. Residential uses. Residential uses are to be concentrated close to existing housing on adjacent blocks and to contribute to a corridor of housing and amenities along Occidental Ave. S.

3. Street-level uses. Street-level uses are to be provided along street frontages and the edges of open areas aligned with adjacent street right-of-way.

E. Floor area ratio (FAR).

1. Base and Maximum FAR. The base FAR for all uses on a lot, except for those uses expressly exempted, is 4. The maximum FAR for all uses on a lot, except for those uses expressly exempted, is 8.

2. Limit on non-residential FAR. Non-residential chargeable floor area on a lot may not exceed a FAR of 4.

3. Affordable housing incentive program. Development that includes residential use may exceed the base FAR to the extent the applicant qualifies for bonus floor area by providing affordable housing according to Section 23.49.181, subject to the FAR limit in subsection 23.49.180.E.1.

4. Exemptions and deductions from FAR calculations

a. The exemptions and deductions from FAR calculations specified in subsection 23.49.011.B apply, except that residential use is not exempt and is considered chargeable floor area.

b. In addition to the exemptions from floor area calculations for parking in subsection 23.49.011.B.1.l, enclosed parking provided at or above grade as accessory parking for non-residential uses or as principal use parking replacing the surface spaces existing on the lot on June 25, 1998 is exempt from FAR calculations if it is separated from all streets abutting the lot by another use or is screened according to the provisions of subsection 23.49.180.G.9.

c. Street-level uses other than residential lobbies are exempt if they meet the requirements of subsection 23.49.180.F.

F. Street-level use requirements.

1. One or more of the following uses are required at street-level on all street-facing façades and street-level façades facing the open area provided in accordance with the provisions of subsection 23.49.180.G.6.c:

a. General sales and services;

b. Human service uses and childcare facilities;

c. Retail sales, major durables;

d. Entertainment uses;

e. Eating and drinking establishments; and

f. On each street-facing façade or façade facing an open area, up to 20 feet of a residential lobby that provides principal access to residential uses in a structure may be counted as a required street-level use.

2. General standards

a. A minimum of 75 percent of each street-facing façade at street-level where street-level uses are required shall be occupied by uses listed in subsection 23.49.180.F.1. The remaining 25 percent of the street-facing façade at street-level may contain other permitted uses and/or pedestrian or vehicular entrances.

b. Required street-level uses shall be located within 2 feet of the required street-facing façade or the street-level façade facing an open area, in accordance with subsection 23.49.180.G.4.

c. Except for child care facilities, pedestrian access to street-level uses shall be provided directly from the street or other open area with access to a street. Pedestrian entrances shall be located no more than 3 feet above or below sidewalk grade or at the same elevation as any abutting open area.

d. Required street-level uses shall be located in a space with a minimum floor-to-floor height of 13 feet.

e. Required street-level uses shall be located in a space with a minimum depth of 15 feet.

f. For street-level uses on a street-facing façade, the average width of a business establishment shall be 60 feet or less, and the maximum width of any single business establishment shall be 100 feet. Portions of a business that are separated from the street by another business are not limited in width.

g. The gross floor area at street-level of any business establishment shall not exceed 10,000 square feet, except that if the business establishment includes a grocery store, the gross floor area at street level shall not exceed 25,000 square feet.

G. Development standards.

1. Street-level setbacks.

a. Locations

1) A street-level setback with an average depth of 10 feet and a minimum depth of 6 feet shall be provided from property lines that do not abut a street.

2) A street-level setback of at least 9 feet and no more than 12 feet shall be provided from the street property line along Occidental Avenue S.

b. To qualify as a street-level setback, all portions of a structure must set back at street-level the required distance.

c. Setback areas may be used for pedestrian routes, vehicular driveways, and to provide landscaping to meet green factor requirements pursuant to subsection 23.49.180.I.

2. Upper-level setbacks.

a. The following upper-level setbacks shall be provided:

1) A minimum setback of 10 feet shall be provided from S. King Street for all portions of a structure above a height of 85 feet for a distance of at least 120 feet measured along S. King Street from the point where the street lot line intersects the eastern lot line of the lot.

2) A minimum setback of 10 feet shall be provided from S. King Street for all portions of structures above 85 feet in height for a distance of at least 330 feet along S. King Street measured from the intersection with Occidental Avenue S.

3) An average setback of 50 feet shall be provided from the eastern lot line of the lot for all portions of structures above a height of 85 feet. For the purposes of averaging, only 100 feet in depth of any setback shall be counted.

4) A minimum setback of 15 feet is provided from Occidental Avenue S. for all portions of structures above 85 feet in height.

5) A minimum setback of 30 feet is provided from Occidental Avenue S. for portions of structures above 120 feet in height.

3. Upper-level coverage limits, measured as a percentage of the total area of the lot, apply to portions of structures exceeding specified heights, in accordance with Table A for 23.49.180.
Table A for 23.49.180 Upper Level Coverage Limits
The maximum permitted lot coverage for all portions of structures within specified height ranges
Height rangeMaximum permitted lot coverage for all portions of structures located at the same height within specified height range
0 - 85 feetNo limit, except as required to provide open area pursuant to subsection 23.49.180.G.6
85 - 120 feet65%
120 - 200 feet50%
Greater than 200 feet30%

4. Street façades. Street-facing façades shall be provided on all street frontages. For purposes of this requirement, the street frontage includes the entire length of a street lot line, less any part of the street lot line where open area provided pursuant to subsection 23.49.180.G.6.c abuts the street.

a. Street-facing façade height. The street-facing façades of structures shall have a minimum height of 50 feet for 75 percent of each street frontage. The minimum street-facing façade height for the remaining 25 percent of each street frontage is 35 feet.

b. Street façade setbacks.

1) For each street frontage, the street-facing façade shall be built to the street lot line for a minimum of 75 percent of the street frontage. For the remaining street frontage, the street-facing façade may set back from the street lot line to provide for the following:

a) street-level open area at the intersection of S. King Street and Occidental Avenue S. meeting the standards of subsection 23.49.180.G.6.a; and

b) architectural treatment of the street-facing façade, including setbacks of portions of the street-facing façade up to a maximum depth of 15 feet, for principal building entrances or for architectural detailing and features of a structure that reflect the surrounding development pattern, such as the sequence of streets and alleys or the massing and articulation of historic structures on opposing block fronts.

2) Where set back, the street-facing façade is measured from a location other than the street lot line in the following instances:

a) If a utility easement abutting a street lot line prevents a structure from extending to the street lot line, a street-facing façade setback shall be measured from the abutting utility easement rather than the street lot line.

b) On Occidental Avenue S., a street-facing façade setback shall be measured from the setback line provided pursuant to subsection 23.49.180.G.1.a.2 rather than the street lot line.

3) The maximum length of any setback area, as measured along the street lot line, shall not exceed 60 feet.

4) Except as needed to accommodate required access to utility easements, no setback of a street-facing façade is permitted along S. King Street for 60 feet on either side of the intersection with the open area aligned with 2nd Avenue S. provided pursuant to subsection 23.49.180.G.6.c.

5. Façade modulation. For portions of structures exceeding a height of 85 feet, any street-facing façade located within 30 feet of a street lot line that exceeds a length of 120 feet shall be modulated. For the street-facing façade to exceed 120 feet, a portion of the façade shall either project forward of or set back from any other portion of the street facing façade a minimum of 10 feet measured perpendicular to the street property line for a minimum distance of 20 feet measured parallel to the street lot line. Balconies and decks are permitted within the modulated area. Modulated façades are not permitted to extend into required setbacks.

6. Open area. Open area at ground level shall be provided as follows:

a. To qualify as open area at ground level, the open area shall be located and configured to allow easy pedestrian access to project occupants from streets or other abutting public spaces, including access for persons with disabilities. The open area shall be open to the sky, except as provided in this subsection 23.49.180G.6.a, and have a minimum horizontal dimension of 15 feet and a minimum area of 600 feet. The following features are exempt from the requirement that the open area be open to the sky:

1) Features in a surface parking area;

2) Temporary kiosks and pavilions;

3) Overhead weather protection attached to abutting façades;

4) Art;

5) Seating and tables;

6) Landscaping; and

7) Any similar features approved by the Director that contribute to the comfort and use of the space.

b. Open area at ground level shall be provided at the following locations:

1) The intersection of Occidental Avenue S. and S. King Street, in the northwestern corner of the lot; and

2) The intersection of the lot's eastern and southern lot lines, on the southeastern corner of the lot, unless a structure with a street level use is located there.

c. An open area at ground level with boundaries referred to as "edges" shall be provided in the area established by extending the street lot lines of 2nd Avenue S. through the lot from S. King Street to the southern lot line. The open area and façades abutting it shall meet the following:

1) For a minimum depth of 20 feet measured from each edge into the open area, the open area must be open for use by pedestrians and for landscaping.

2) The façades of structures abutting the open area shall have a minimum height of 35 feet and shall not set back more than five feet from the edges of the open area;

3) For a minimum distance of 120 feet along each edge of the open area, as measured from the S. King Street lot line, an upper level setback with a minimum depth of 15 feet is required for the portion of a structure that exceeds 85 feet in height.

4) Street-level uses listed in and meeting the standards of subsection 23.49.180.F are required for a minimum of 50 percent of the combined street-level façades facing the open area edges aligned with 2nd Avenue S. Street-level uses listed in and meeting the standards of subsection 23.49.180.F are required for a minimum of 25 percent of the street-level façades facing either edge of the open area.

d. Open area used to satisfy this section may qualify as common recreation area to the extent permitted by subsection 23.49.010.B.

7. Façade Transparency Requirements.

a. For street-facing façades abutting South King Street and Occidental Avenue South and for façades facing the open area provided pursuant to subsection 23.49.180.G.6.c, a minimum of 60 percent of the street level façade shall be transparent.

b. For all other street-level façades, a minimum of 20 percent of the street level façade shall be transparent, except that transparency is not required if the street level use is parking.

c. To be considered transparent, only clear, non-reflective, non-tinted glass may be used in windows, doors and display windows in that portion of the façade between 2 feet and 8 feet above the sidewalk, and in that portion of the façade, one must be able to view into the structure or into display windows from outside.

8. Blank Façade Limits.

a. For all façades abutting South King Street, Occidental Avenue South, and the open area provided pursuant to subsection 23.49.180.G.6.c, blank façades shall not exceed 15 feet in width, except that

1) a blank façade may be increased to 30 feet in width if the Director determines that the façade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest; and

2) the width of a blank façade that includes a garage door may exceed 15 feet but is limited to the width of the driveway plus 5 feet.

The total of all blank façade segments, including garage doors, shall not exceed 40 percent of the total width of all façades abutting South King Street, Occidental Avenue South, and the open area provided pursuant to subsection 23.49.180.G.6.c.

b. For all façades other than those specified in subsection 23.49.180.G.8.a, if the street level is occupied by uses other than parking, blank façades shall be limited to segments no more than 30 feet in width. Blank façade width may be increased to 60 feet if the Director determines that the façade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of a blank façade that includes a garage door may exceed 30 feet but is limited to the width of the driveway plus 5 feet. If the street level is occupied by parking, the provisions for screening parking at street level in subsection 23.49.180.G.9.a apply.

c. Any blank façade shall be separated by transparent areas at least 2 feet wide. Only clear, non-reflective, non-tinted glass is considered to be transparent.

9. Screening and location of parking. All parking permitted on the lot shall be enclosed within a structure, except that within the open area provided pursuant to subsection 23.49.180.G.6.c, surface parking serving abutting structures is permitted.

a. Parking at street level.

1) Parking is not permitted at street level within a structure along street frontages and along the open area edges provided pursuant to subsection 23.49.180.G.6.c unless separated from the street or open area by other uses, except that garage and loading doors and access to parking need not be separated.

2) Parking is permitted at street level within a structure along lot lines that do not abut a street, subject to the following requirements:

a) Parking abutting a lot line shall be screened from view at street-level except that garage and loading doors and permitted access to parking need not be screened.

b) The façade facing the lot line shall be enhanced by architectural detailing, artwork, landscaping, or similar visual interest features.

c) If parking is located within a structure at the intersection of the eastern and southern lot lines, separation by another use is required for a minimum distance of 20 feet along one of the intersecting lot lines.

b. Parking above street level.

1) On the portion of the lot west of the open area provided pursuant to subsection 23.49.180.G.6.c, parking is not permitted above street level along street frontages and along the western edge of the open area unless separated from the street or open area by another use. Parking is permitted above street level along other lot lines for a maximum of four stories.

2) On the portion of the lot east of the open area provided pursuant to subsection 23.49.180.G.6.c, parking is permitted in portions of a structure above 20 feet in height along S. King Street and in portions of a structure above the first story along other frontages for a maximum of four stories.

3) For all parking located on stories above street level that is not separated from the street by another use, screening of the parking through materials, fenestration, and other architectural treatments is required. The screening shall be designed as an extension of the primary façade of the structure and to provide visual interest.

H. LEED requirement. The applicant shall strive to achieve a LEED Gold rating or better, make a commitment acceptable to the Director that the proposed development will earn at least a LEED Silver rating or meet a substantially equivalent standard, and demonstrate compliance with that commitment, all in accordance with the provisions of Section 23.49.020.

I. Green Factor Requirement. The project shall achieve a green factor score of .30 or greater in accordance with the provisions of Section 23.86.019.

J. Development standard departures. As a special exception pursuant to Section 23.76.004, the Director may waive or modify those development standards in Section 23.49.180 that would be eligible for departures through the design review process pursuant to Section 23.41.012, if they were applicable to a project subject to that process. The Director shall consult with the Pioneer Square Preservation Board and the Director of the Department of Neighborhoods prior to making a decision on a requested modification or waiver. The Director may grant a waiver or modification only if the Director determines that it will cause the project to better meet the intent of this Section 23.49.180 and the Design Guidelines for New Construction on the North Lot in Pioneer Square, as adopted by the Pioneer Square Preservation Board.

(Ord. 123034, § 4, 2009)

23.49.181 Bonus floor area for affordable housing in the PSM 85-120 zone

A. Purpose; Scope of provisions; State law controlling. This Section 23.49.181 establishes an affordable housing incentive program for development on lots zoned PSM 85-120 that are subject to FAR limits pursuant to the provisions of Section 23.49.180. Chargeable floor area in addition to the base FAR is allowed for development that includes residential use, to the extent that the applicant qualifies by providing low-income housing, in accordance with this Section 23.49.181 and subject to the provisions of Section 23.49.180. In case of any irreconcilable conflict between the terms of this Section 23.49.181 and the authority granted in RCW 36.70A.540, as it may be amended, the provisions of RCW 36.70A.540, as it may be amended, shall supersede and control. Unless the context otherwise clearly requires, references to RCW 36.70A.540 in this Section 23.49.181 mean that section in effect on the date as of which the provisions of this Title 23 apply to the application for a use permit for the project using the bonus floor area.

B. Permitting Conditions

1. Master Use Permit. The Master Use Permit application to establish any bonus floor area under this Section 23.49.181 shall include a calculation of the total amount of bonus floor area sought and shall identify the quantity and type of affordable housing to be provided to satisfy the conditions to such bonus floor area. The application shall include the proposed location of the affordable housing. If any of the affordable housing is proposed to be within the area defined on Map A for Section 23.49.180 where additional height is permitted, the application shall include the location of the affordable housing within that area and its distribution within the proposed building(s). If any of the affordable housing is not to be provided within the area defined on Map A for Section 23.49.180 where additional height is permitted, the application shall include the address, legal description, dimensions and ownership of the other lot(s), and the approval of the Director of Housing for the affordable housing to be provided on the other lot(s), pursuant to subsection 23.49.181.E.3. The Director shall, at the time of issuance of any Master Use Permit decision approving any bonus floor area, issue a Type I decision as to the amount of bonus floor area to be allowed and the conditions to such bonus floor area. A declaration signed by the applicant and any other owners of the lot(s) on which the project using the bonus floor area is to be built and any other owners of the lot(s) where the affordable housing will be located, on a form approved by the Director, specifying the amount of bonus floor area, the legal descriptions of the lot where the bonus floor area will be used and each other lot where affordable housing will be located, and the conditions, must be executed and recorded as a condition to issuance of the Master Use Permit for a development to include bonus floor area. If a change in the total bonus floor area to be developed, or a change in the location of the affordable housing approved by the Director of Housing pursuant to subsection 23.49.181.E.3, results in adjustment to one or more conditions, the declaration and any related conditions of the Master Use Permit may be amended, with the written approval of the Director, as a Type I decision. In requesting amendment of a declaration under this subsection 23.49.181.B and any related conditions of the Master Use Permit, the applicant may elect, consistent with subsection 23.76.026.F, that the provisions of this Section 23.49.181 as in effect on the date of the Director's action on that request, rather than any earlier date applicable under Section 23.76.026, apply for purposes of the amendment to the Master Use Permit.

2. First Building Permit.

a. Prior to issuance, and as a condition to issuance, of the first building permit for a structure using bonus floor area, the owner of each lot that will include the affordable housing for that bonus floor area shall execute and record an agreement in a form acceptable to the Director of Housing that shall commit to provide that affordable housing, and shall run with the land to bind successors. The applicant shall submit an acceptable agreement, fully signed, as part of the building permit application, and if there is any change in ownership or if the location at which any affordable housing is to be provided is modified pursuant to subsection 23.49.181.B.1 prior to the issuance of the building permit, the new owners or any other owners of the lot(s) where the affordable housing is to be provided, or both, as applicable, shall execute the agreement or an addendum, substitute or separate agreement, acceptable to the Director of Housing.

b. If the affordable housing is to be located on any lot(s) not owned by the applicant, then the applicant shall demonstrate that the applicant is providing the affordable housing on the other lot(s) in connection with the applicant's project, as set forth below in this subsection 23.49.181.B.2.b. Prior to issuance, and as a condition to issuance, of the first building permit for a structure using bonus floor area, the applicant shall provide to the Director of Housing a copy of a signed and binding linkage agreement with the owner(s) of those lots, acceptable to the Director of Housing, pursuant to which only the applicant has the right to claim such housing for purposes of bonus development under this Section 23.49.181 or any other bonus or benefit under this Title 23, and shall demonstrate that the applicant has made a financial contribution to the affordable housing, or has promised such contribution in that linkage agreement and has provided to the City an irrevocable, unconditional letter of credit to ensure its payment, in form and content satisfactory to the Director of Housing, in either case in an amount determined by the Director of Housing to be, when reduced by the value of any expected benefits to be received for such contribution other than the bonus development, approximately equal to the subsidy gap for construction in South Downtown of at least the minimum amount of affordable housing determined under this Section 23.49.181 for the amount of bonus floor area sought by the applicant. The Director of Housing may require that one or more parties to a linkage agreement enter into an agreement with the City to establish performance criteria to be met in the development of the affordable housing, to provide for control of the financial contribution from the applicant to ensure its use for the affordable housing, and to provide for its use for alternative affordable housing if performance criteria are not met.

3. Effect of Certification by Director of Housing. If the Director of Housing certifies to the Director that either (a) the applicant has provided the City with (i) a satisfactory linkage agreement; (ii) evidence of a sufficient financial contribution, a letter of credit, or other sufficient security pursuant to subsection 23.49.181.B.2.b; and (iii) such other agreements as the Director of Housing requires pursuant to subsection 23.49.181.B.2.b, all sufficient for purposes of providing a specified amount of affordable housing consistent with this Section 23.49.181; or (b) there have been recorded one or more agreements or instruments satisfactory to the Director of Housing providing for occupancy and affordability restrictions on affordable housing with the minimum floor area determined under this Section 23.49.181 for the amount of bonus floor area sought by the applicant, all affordable housing has been completed, and the affordable housing either is on a different lot from the bonus floor area or is located in one or more condominium units separate from the bonus floor area under condominium documents acceptable to the Director of Housing; then any failure of the affordable housing to be completed or to satisfy the requirements of subsection 23.49.181.E shall not affect the right to maintain or occupy the bonus floor area and shall not cause the applicant or owner of the lot with the bonus floor area to be in violation of this Title 23.

C. Findings. Pursuant to the authority of RCW 36.70A.540, the City finds that the higher income levels specified in the definition of "income-eligible households" in this Section 23.49.181, rather than those stated in the definition of "low-income households" in RCW 36.70A.540, are needed to address local housing market conditions in the area to which this Section 23.49.181 applies.

D. Defined Terms. For purposes of this Section 23.49.181:

1. "Affordable housing" means a unit or units of low-income housing provided as a condition to bonus floor area.

2. "Base FAR" or "base floor area ratio" means a FAR of 4.

3. "Bonus floor area" means all chargeable floor area allowed in addition to the base FAR.

4. "Income-eligible households" means:

a. In the case of rental housing, households with incomes no higher than 80 percent of median income as defined in Section 23.84A.025.

b. In the case of owner occupancy housing units, households with incomes no higher than the median income as defined in Section 23.84A.025.

5. "Low-income housing" means housing that serves income-eligible households as determined in subsection 23.49.181.E.

6. "Net bonus floor area" means gross square footage of bonus floor area, multiplied by an efficiency factor of 80 percent.

E. Affordable Housing

1. Amount. An applicant using bonus floor area shall provide an amount of net rentable floor area of low-income housing, applicable to units for sale or rent, equal to at least 17.5 percent of the net bonus floor area obtained.

2. Serving income-eligible households. For the purposes of this Section 23.49.181, a housing unit serves income-eligible households only if either:

a. For a period of 50 years beginning upon the issuance of a final certificate of occupancy by the Department of Planning and Development for a structure using the bonus floor area for which that affordable housing is provided, the housing is used as rental housing solely for income-eligible households at rent limited so that annual housing costs, including rent and basic utilities, do not exceed 30 percent of 80 percent of median income, and the housing unit and the structure in which it is located are maintained in decent and habitable condition, including basic appliances in the housing unit; or

b. The unit is sold for owner-occupancy to an income-eligible household at an initial sale price limited so that the annual housing costs, including mortgage principal and interest, real estate taxes, insurance, plus homeowner dues if applicable, are not expected to exceed 35 percent of median income, according to a calculation based on reasonable assumptions and approved by the Director of Housing, and the unit is subject to a recorded instrument satisfactory to the Director of Housing with a term extending until 50 years after the issuance of a final certificate of occupancy by the Department of Planning and Development for the structure using the bonus floor area for which that affordable housing is provided, providing for sales prices on any resale consistent with affordability on the same basis as the initial sale, allowing resales only to income-eligible households, and requiring that upon any resale, the housing unit be in decent and habitable condition, including adequate basic appliances in the housing unit.

3. Location, size and other requirements. Affordable housing may be provided within the area defined on Map A for Section 23.49.180 where additional height is permitted. Alternatively, affordable housing may be provided on one or more different lots within South Downtown, subject to approval by the Director of Housing under the criteria in this subsection 23.49.181.E and to the conditions in subsection 23.49.181.B.2. Approval requires a determination by the Director of Housing that the affordable housing will (a) provide a public benefit; and (b) be more affordable than market rents or sale prices, as applicable, for housing in South Downtown. The affordable housing shall be provided in a range of unit sizes consistent with RCW 36.70A.540 and comply with all requirements of RCW 36.70A.540.

4. Time of completion. Unless affordable housing is to be provided on a lot other than that of the project using the bonus and the Director of Housing has made all approvals described in subsection 23.49.181.B.2 and 23.49.181.E.3, the affordable housing shall be completed and ready for occupancy at or before the time when a certificate of occupancy is issued for any bonus floor area that is based on the affordable housing and as a condition to any right of the applicant to such a certificate of occupancy.

5. No Subsidies for affordable housing; exceptions.

a. In general, and except as may be otherwise required by applicable federal or state law, no bonus floor area may be earned by providing affordable housing if:

1) Any person is receiving or will receive with respect to the housing any charitable contributions or public subsidies for housing development or operation, including, but not limited to, tax exempt bond financing, low-income housing tax credits, federal loans or grants, City of Seattle housing loans or grants, county housing funds, and State of Washington housing funds; or

2) The housing is or would be, independent of the requirements for the bonus floor area, subject to any restrictions on the income of occupants, rents or sale prices.

b. As exceptions to the general rule in subsection 23.49.181.E.5.a:

1) All affordable housing provided as a condition to bonus floor area within the area defined on Map A for Section 23.49.180 where additional height is permitted may consist wholly or in part of the same units used to satisfy terms under which the lot or a portion thereof was transferred by a public body, and up to seventy units of affordable housing provided as a condition to bonus floor area on a lot outside the area defined on Map A for Section 23.49.180 where additional height is permitted, may consist wholly or in part of the same units used to satisfy terms under which the lot or a portion thereof was transferred by a public body;

2) The improvements on the lot may qualify for, and affordable housing provided as a condition to bonus floor area may consist wholly or in part of the same units used to satisfy conditions of, property tax exemptions pursuant to Chapter 5.73 SMC; and

3) The prohibition on public subsidies for affordable housing does not include Internal Revenue Code Section 45D, New Markets Tax Credits.

c. The Director of Housing may require, as a condition of any bonus floor area, that the owner of the lot upon which the affordable housing is located agree not to seek or accept any subsidies, other than as described in subsection 23.49.181.E.5.b, related to housing. The Director of Housing may require that such agreement provide for the payment to the City, for deposit in an appropriate sub-fund or account, of the value of any subsidies received in excess of any amounts allowed by such agreement.

d. As an exception to the restriction on subsidies, the Director of Housing may allow the building or buildings in which the affordable housing is located to be financed in part with subsidies based on determinations that:

1) the total amount of affordable housing is at least 300 net residential square feet greater than the minimum amount of affordable housing that would be needed to satisfy the conditions of this Section 23.49.181;

2) the public benefit of the affordable housing net of those subsidies, as measured through an economic analysis, exceeds the public benefit from the minimum amount of affordable housing; and

3) the subsidies being allowed would not be sufficient to leverage private funds for production of the affordable housing, under restrictions required in this Section 23.49.181, without additional City subsidy.

6. Agreements and approvals. The Director of Housing is authorized to accept and execute agreements and instruments to implement this Section 23.49.181. Issuance of the Master Use Permit, building permit, or certificate of occupancy for the project using the bonus floor area may be conditioned on satisfactory agreements and instruments signed by applicants and other owners. An applicant or prospective applicant may request, and the Director of Housing may provide, a determination that a linkage agreement or security arrangement, or both, would satisfy specific provisions of this Section 23.49.181, whether or not an applicant has proposed a specific development to use bonus floor area, but no such approval or agreement shall affect the determination, under Chapter 23.76 or other applicable law, of the date as of which any development regulations apply to a permit application.

7. Reports and fees. The housing owner shall provide annual reports and pay an annual monitoring fee to the Office of Housing for each affordable housing unit, as specified under Chapter 22.900G.

F. Identification of bonus floor area. The floor area that constitutes bonus floor area under this Section 23.49.181 shall be determined according to the order in which Master Use Permits are issued to establish the chargeable floor area, with the base FAR allocable to the earlier Master Use Permits. Within a structure or structures developed under a single Master Use Permit that involves both base floor area and bonus floor area:

1. If the complete applications for building permits for construction, not including any permits limited to excavation and shoring, are submitted at different times, then unless otherwise specifically identified in the Master Use Permit application and approved by the Director, the base floor area shall be allocated first to the structure or structures for which the earlier complete building permit applications are submitted; and

2. If the complete applications for building permits for construction, not including any permits limited to excavation and shoring, are submitted at the same time, then unless otherwise specifically identified in the Master Use Permit application and approved by the Director, the bonus floor area shall be the chargeable floor area, excluding any affordable housing, in the highest stories in the structure or structures, and if only a portion of a story consists of bonus floor area, it shall be allocated to each portion of that story in proportion to its chargeable floor area, excluding any affordable housing, within that story.

G. Obligation of Owners.

1. Except as otherwise expressly provided in subsection 23.49.181.B.3, any owner of bonus floor area shall be in violation of this Title 23 if:

a. any housing units to be provided as affordable housing for that bonus floor area are not timely completed and ready for occupancy, or are not subject to a recorded instrument binding on the owner thereof as provided in this Section 23.49.181; or

b. at any time during the period specified in subsection 23.49.180.E.2, any rental housing unit provided or to be provided under this Section 23.49.181 for that bonus floor area does not serve income-eligible households; or

c. any housing unit provided or to be provided as affordable housing for owner occupancy for that bonus floor area under subsection 23.49.181.E.2.b is initially transferred other than in a sale to an income-eligible household, and subject to a recorded instrument, consistent with that subsection 23.49.181.E.2.b.

2. Any owner of a housing unit provided or to be provided as affordable housing in accordance with this Section 23.49.181 shall be in violation of this Title 23 if either:

a. for a rental housing unit, at any time during the period specified in subsection 23.49.181.E.2 it does not serve income-eligible households within the meaning of that subsection 23.49.181.E.2; or

b. in the case of a unit provided or to be provided for owner occupancy, the owner causes or permits the transfer of the unit, or of the right to occupy the unit, or any offer for any transfer, contrary to the terms of a recorded instrument then in effect pursuant to this Section 23.49.181.

H. Rules. The Director, in consultation with the Director of Housing, is authorized to adopt rules to interpret and implement provisions of this Section 23.49.181.

(Ord. 123589, § 38, 2011; Ord. 123034, § 5, 2009)

Subchapter VI
International District Mixed

23.49.198 Chapter 23.66 provisions apply

All property located in International District Mixed (IDM) zones is subject to the use and development standards of the International Special Review District, Chapter 23.66, in addition to the use and development standards contained in this Chapter 23.49. If there is a conflict between the use and development standards of this Chapter 23.49 and the provisions of the International Special Review District, the provisions of Chapter 23.66 apply.

(Ord. 123589, § 39, 2011; Ord. 112303 § 3(part), 1985.)

23.49.200 International District Mixed, permitted uses

The Overlay District regulations of the International Special Review District, Chapter 23.66, contain the use provisions for the IDM zones.

(Ord. 123589, § 40, 2011; Ord. 112303 § 3(part), 1985.)

23.49.208 International District Mixed, structure height

A. Height limits in the International District Mixed (IDM) zones are designated on the Official Land Use Map, Chapter 23.32.

B. Rooftop features are permitted to exceed the applicable height limit according to Section 23.66.332.

C. Except as otherwise expressly provided in this Section 23.49.208, the applicable height limit in an IDM zone is determined as set forth in this subsection 23.49.208.C. The base height limit for nonresidential and live-work uses is the first figure after the "IDM" designation. The base height limit for residential uses, shown as the first figure following the "/", is the applicable height limit for a structure that contains residential uses and does not qualify for extra floor area under Section 23.49.023. The third figure shown, if any, is the applicable height limit for a structure that qualifies for extra residential floor area under Section 23.49.023 or for a structure that includes hotel use in a mixed use development consistent with subsection 23.49.208.E.

D. In the IDM 75-85 zone, structures in excess of 75 feet in height, to a maximum of 85 feet, are permitted only if 50 percent or more of the gross floor area on the lot, excluding parking and street-level retail uses meeting the standards of Section 23.66.326, is in residential use.

E. In an IDM 75/85-150 zone, the applicable height limit is 75 feet unless:

1. all floor area above a height of 75 feet is in residential use; or

2. in a mixed-use development that includes hotel use, the following conditions are met:

a. the mixed-use development is on a lot with at least 40,000 square feet of the lot area located in an IDM 75/85-150 zone;

b. fifty percent or more of the gross floor area on the lot, excluding parking, is in residential use; and

c. hotel use is the only type of non-residential use located above 75 feet.

F. In the IDM 65-120 zone, structures in excess of 65 feet, to a maximum of 120 feet, may be permitted only as a part of a planned community development, pursuant to Section 23.49.036, Planned community developments.

(Ord. 123589, § 41, 2011; Ord. 120928 § 20, 2002; Ord. 113279 § 23, 1987; Ord. 112519 § 30, 1985; Ord. 112303 § 3(part), 1985.)

23.49.210 International District Mixed, street façade requirements

A. Façade transparency requirements, blank façade limits and landscaping standards set forth in this Section 23.49.210 apply to the street-facing facades that face Class I and Class II Pedestrian Streets and designated green streets in IDM zones, as shown on Map B for 23.66.326, on lots abutting those streets, unless waived or modified pursuant to subsection 23.49.210.B.

B. Waiver or modification of requirements, limits and standards. The Director may waive or modify the requirements, limits and standards referred to in subsection 23.49.210.A as a Type I decision if, upon consultation with the Director of Neighborhoods, the Director determines that waiving or modifying a requirement, limit or standard will better meet the goals and objectives of Section 23.66.302 and Section 23.66.304.

C. If there is a conflict between the requirements, limits and standards of Chapter 23.66 and subsection 23.49.210.A, Chapter 23.66 applies.

D. Façade transparency requirements.

1. Façade transparency requirements apply to the area of the façade between 2 feet and 8 feet above the sidewalk, except that where the average slope along the entire street frontage of a façade exceeds 7.5 percent, the façade transparency requirements apply to the area of the façade between 4 feet and 8 feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2. Façade transparency requirements do not apply to portions of structures in residential use.

3. If the transparency requirements of this subsection 23.49.210.D are inconsistent with the glazing limits in the Energy Code, this subsection 23.49.210.D applies to the extent permitted by applicable law.

4. Transparency requirements are as follows:

a. Class I pedestrian streets: A minimum of 60 percent of the street-level façade shall be transparent.

b. Class II pedestrian streets and designated green streets: A minimum of 30 percent of the street-level façade shall be transparent.

c. If the slope of the street frontage of the façade exceeds 7.5 percent, the required amount of transparency is reduced to 50 percent on Class I pedestrian streets and 25 percent on Class II pedestrian streets and designated green streets.

E. Blank Façade Limits.

1. General provisions.

a. Blank façade limits apply to the area of the façade between 2 feet and 8 feet above the sidewalk, except where the slope along the street frontage of the façade exceeds 7.5 percent, in which case the blank façade limits apply to the area of the façade between 4 feet and 8 feet above sidewalk grade.

b. Any portion of a façade that is not transparent is considered to be a blank façade.

c. Blank façade limits do not apply to portions of structures in residential use.

2. Blank Façade Limits for Class I Pedestrian Streets.

a. Blank façade segments are limited to 15 feet in width, except for segments with garage doors, which may exceed a width of 15 feet and may be as wide as the driveway plus 5 feet. Blank façade segment width may be increased to 30 feet if the Director determines that the façade segment is enhanced by features with visual interest such as architectural detailing, artwork, landscaping, or similar features.

b. Any blank segments of the façade shall be separated by transparent areas at least 2 feet wide.

c. The total width of all blank façade segments, including garage doors, shall not exceed 40 percent of the width of the street-facing façade of the structure on each street frontage; or 50 percent of the width if the slope of the street frontage of the façade exceeds 7.5 percent.

3. Blank Façade Limits for Class II Pedestrian Streets and Designated Green Streets.

a. Blank façade segments are limited to 30 feet in width, except for garage doors which may exceed 30 feet. Blank façade segment width may be increased to 60 feet if the Director determines that the façade segment is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors is limited to the width of the driveway plus 5 feet.

b. Any blank segments of the façade shall be separated by transparent areas at least 2 feet wide.

c. The total width of all blank façade segments, including garage doors, shall not exceed 70 percent of the width of the street-facing façade of the structure on each street frontage; or 75 percent of the width if the slope of the street frontage of the façade exceeds 7.5 percent.

F. Landscaping Standards.

1. Street Tree Requirements. Street trees are required on all streets that have a pedestrian classification and abut a lot. If areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to street tree planting standards in the Right-of-Way Improvements Manual.

2. Landscaping in the Street Right-of-way if Green Factor Standards Do Not Apply. New development that is not required to achieve a Green Factor score shall provide landscaping in the street right-of-way. The square feet of landscaped area provided shall be at least 1.5 times the length of the street lot line. The following standards apply to the required landscaped area:

a. The landscaped area shall be at least 18 inches wide and shall be located in the public right-of-way abutting the entire length of the street lot line.

b. Exceptions shall be allowed for building entrances, vehicular access or other connections between the sidewalk and the lot, but exceptions shall not exceed 50 percent of the total length of the street lot line(s).

c. As an alternative to locating the landscaping abutting the street lot line, all or a portion of the required landscaped area may be provided within 5 feet of the curb line.

d. Landscaping provided within 5 feet of the curb line shall be located and designed in relation to the required street tree planting and take into consideration use of the curb lane for parking and loading.

e. Landscaping shall not reduce unobstructed sidewalk width to less than 5 feet on east/west streets or less than 8 feet on avenues.

f. All plant material shall be planted directly in the ground. A minimum of 50 percent of the plant material shall be perennial.

g. Landscaping shall be consistent with applicable landscaping guidelines for designated green streets or approved street design concept plans identified in the Right-of-Way Improvements Manual.

3. Landscaping in Setbacks if Green Factor Standards Do Not Apply. This subsection 23.49.210.F.3 applies to development that is not required to achieve a Green Factor score.

a. At least 20 percent of areas on the street lot line that are not covered by a structure, that have a depth of 10 feet or more from the street lot line, and are larger than 300 square feet, shall be landscaped. Any area under canopies or marquees is considered uncovered. Any setback provided to meet the minimum sidewalk widths established by Section 23.49.022 is exempt from the calculation of the area to be landscaped.

b. All plant material shall be planted directly in the ground or in permanently installed planters. A minimum of 50 percent of the plant material shall be perennial. Plants shall include trees if the setback area exceeds 600 square feet.

(Ord. 123589, § 42, 2011.)

23.49.212 International District Mixed, upper level development standards

A. In an IDM 75/85-150 zone, upper level development standards include upper level setbacks and façade modulation.

1. Upper level setbacks south of S. Weller Street. For structures south of S. Weller Street exceeding a height of 85 feet, an upper level setback with an average depth of at least 15 feet from abutting street lot lines along the entire street frontage of the structure is required above a height of 45 feet. The minimum depth permitted for any portion of a setback required under this subsection 23.49.212.A.1 is 10 feet. The maximum depth of a setback that can be used for calculating the average setback is 30 feet.

2. Upper level setbacks north of S. Weller Street. North of S. Weller St., a continuous setback of at least 15 feet from abutting street lot lines is required for portions of a structure above 85 feet in height, except that no setback is required from street lot lines abutting S. Weller Street.

3. Green street upper level setback. If a lot abuts a designated green street, a continuous upper level setback of at least 20 feet is required for all portions of structures above a height of 45 feet along the green street lot line.

4. Façade modulation. For a structure that exceeds 85 feet in height, modulation is required for the portion of a street-facing façade above 45 feet in height if any part of the façade above that height is located less than 15 feet from street lot lines and the façade above that height exceeds a length of 110 feet measured parallel to the street lot line. Projections from the street-facing façade or any other facade, such as balconies, within 15 feet of street lot lines or their projection, are included in this measurement of length. If façade modulation is required, a portion of the façade with a minimum length of 30 feet must be set back a minimum depth of 15 feet from street lot lines at all levels above 45 feet.

B. In the IDM 150/85-150 zone, upper level development standards include upper level setbacks and façade modulation.

1. Upper level setback. For lots abutting Maynard Avenue S., a continuous upper-level setback of at least 15 feet from the lot line abutting Maynard Avenue S. is required for portions of a structure above 45 feet in height.

2. Façade modulation. For structures exceeding 85 feet in height, modulation is required for portions of the street-facing facade exceeding 65 feet in height and located less than 10 feet from a street lot line. The maximum length of a street-facing façade without modulation is 110 feet, measured parallel to the street lot line. Projections from the street-facing façade, such as balconies, are included in the measurement of length. Where façade modulation is required, a portion of the façade must set back a minimum depth of 10 feet from street lot lines for a minimum length of 30 feet.

(Ord. 123589, § 43, 2011.)

Subchapter VII
International District Residential

23.49.220 International District Residential/Commercial

Property zoned International District Residential (IDR) may be further designated with a "C" suffix, as International District Residential/Commercial (IDR/C), on the Official Land Use Map, Chapter 23.32.

(Ord. 123589, § 44, 2011.)

23.49.223 Chapter 23.66 provisions apply

All property located in an IDR or IDR/C zone is subject to the use and development standards of the International Special Review District, Chapter 23.66, in addition to the use and development standards contained in this Chapter 23.49. If there is a conflict between the use and development standards of this Chapter 23.49 and the provisions of the International Special Review District, the provisions of Chapter 23.66 apply.

(Ord. 123589, § 45, 2011; Ord. 112303 § 3(part), 1985.)

23.49.226 International District Residential, permitted uses

The Overlay District regulations of Subchapter III of Chapter 23.66, the International Special Review District, contain use provisions for IDR zones.

(Ord. 123589, § 46, 2011; Ord. 112303 § 3(part), 1985.)

23.49.236 International District Residential, structure height

A. Height limits in International District Residential (IDR) zones are designated on the Official Land Use Map, Chapter 23.32.

B. Except as otherwise expressly provided in this Section 23.49.236, the applicable height limits in an IDR zone are determined as set forth in this subsection 23.49.236.B:

1. Where there are multiple height limits listed, the applicable height limit for structures containing only nonresidential and live-work uses is the first figure after the "IDR" designation, and is the height limit for all portions of a structure that contain those uses. The base height limit for portions of a structure that contain residential use, shown as the first figure following the "/", is the applicable residential height limit for portions of a structure that contain residential uses if the structure does not qualify for extra floor area under Section 23.49.023. The third figure shown, if any, is the applicable height limit for portions of a structure that contain residential uses if the structure qualifies for extra residential floor area under Section 23.49.023.

2. Where only one height limit is listed, the limit applies to all uses.

C. Rooftop features and certain additions to structures are allowed to exceed the applicable height limit according to subsection 23.66.332.B.

(Ord. 123589, § 47, 2011; Ord. 112303 § 3(part), 1985.)

23.49.242 International District Residential, development standards

A. Scope: application to mixed-use structures. The provisions of this Section 23.49.242 apply in IDR and IDR/C zones. If residential and non-residential uses are combined in the same structure, the standards specified for the respective categories of use apply to that portion of the structure occupied by those uses. If uses subject to different standards are combined on the same story of a structure, the standards for the predominant use in the story apply. For purposes of this Section 23.49.242, live/work uses are considered entirely nonresidential.

B. Minimum lot size requirement. The minimum lot size is 21,000 square feet for any structure exceeding a height of 150 feet excluding rooftop features.

C. Coverage limits.

1. Upper level coverage limits do not apply to structures 85 feet in height or less excluding rooftop features on lots of 8,000 square feet or less in IDR zones, or to structures 125 feet in height or less excluding rooftop features on lots of any size in IDR/C zones, or to rooftop features that are identified in Section 23.66.332.

2. For structures 150 feet in height or less, coverage limits are shown in Table A for 23.49.242.

Table A for 23.49.242 Coverage Limits Per Story for Structures 150 Feet in Height or LessHeight of story1
Floor area permitted per story
Stories with residential uses as the predominant useStories with non-residential/live-work uses as the predominant use
65 feet or lessNo limitNo limit
Greater than 65 feet up to 125 feet75% of lot areaNo limit
Greater than 125 feet up to 150 feet65% of lot areaNot applicable
1 If any part of a story is above a given height, the limit applies as if the entire story were above that height.

3. For structures exceeding 150 feet in height excluding rooftop features that include non-residential uses as the predominant use on any story wholly or in part above 45 feet in height, coverage limits are shown in Table B for 23.49.242.

Table B for 23.49.242 Coverage Limits Per Story for Structures Exceeding 150 Feet in Height With Stories in Predominantly Non-Residential/Live-Work Use Above 45 feet in Height
Height of story1Floor area permitted per story
45 feet or lessNo limit
Greater than 45 feet up to 125 feetFor stories with nonresidential uses as the predominant use: no limit For stories predominantly in residential use: 35% of lot area, or an average gross floor area of 9,000 square feet, whichever is greater, provided that no single story exceeds a gross floor area of 11,500 square feet2
Greater than 125 feet up to 240 feet35% of lot area or an average gross floor area per story of 9,000 square feet, whichever is greater, provided that no single story exceeds a gross floor area of 11,500 square feet 2
1 If any part of a story is above a given height, the limit applies as if the entire story were above that height. 2 The stories eligible for coverage limit averaging are all of those that have floor areas predominantly in residential use. Averaging rules and further restrictions are in subsection 23.49.242.C.5

4. For structures exceeding 150 feet in height excluding rooftop features that include residential uses as the predominant use on every story wholly or in part above 45 feet in height, coverage limits are shown in Table C for 23.49.242:

Table C for 23.49.242 Coverage Limits Per Story for Structures Exceeding 150 Feet in Height With All Stories in Residential Use Above 45 feet in Height
Height of story1Floor area permitted per story
45 feet or lessNo limit
Greater than 45 feet up to 85 feet75% of lot area
Greater than 85 feet up to 240 feet35% of lot area, or an average gross floor area of 9,000 square feet per story, whichever is greater, provided that no single story exceeds a gross floor area of 11,500 square feet 2
1 If any part of a story is above a given height, the limit applies as if the entire story were above that height. 2 The stories eligible for coverage limit averaging are those that are above 85 feet. Averaging rules and further restrictions are in subsection 23.49.242.C.5

5. For any structure greater than 150 feet in height excluding rooftop features, gross floor area of any story that is eligible for coverage limit averaging under Table B for 23.49.242 or Table C for 23.49.242 shall not exceed 35 percent of the lot area, unless the average gross floor area of all stories eligible for averaging is no more than 9,000 square feet per story; and in any case no single story above a height of 85 feet shall exceed a gross floor area of 11,500 square feet. For purposes of this subsection 23.49.242.C.5, gross floor area for any story of less than 4,000 square feet is assigned a value of 4,000 square feet for the purpose of calculating average floor area.

D. Setbacks.

1. The following minimum setbacks are required for structures on lots abutting a green street designated on Map 1F or another map identified in a note to Map 1F:

a. In an IDR zone, a continuous upper-level setback of 15 feet is required from the green street lot line for all portions of the structure above 45 feet in height. This setback is not required if a structure is 65 feet in height or less, except on Maynard Avenue S. b. In an IDR/C zone, a continuous setback of 6 feet is required at street level from the green street lot line. For a structure exceeding 85 feet in height, a continuous upper-level setback of 16 feet is required from the green street lot line for all portions of the structure above a height of 65 feet.

2. For a structure exceeding 85 feet in height, a continuous upper-level setback of 15 feet is required from each side lot line that is not a street or alley lot line for all portions of the structure above a height of 65 feet.

E. Façade modulation.

1. For structures 150 feet or less in height excluding rooftop features, modulation is required for the portion of a street-facing facade above 65 feet in height and located less than 15 feet from street lot lines. No modulation is required for portions of a façade set back 15 feet or more from street lot lines.

2. For structures exceeding 150 feet in height, modulation is required for the portion of a street-facing facade in non-residential use between 65 feet and 125 feet in height and located less than 15 feet from street lot lines. No modulation is required for portions of a façade set back 15 feet or more from street lot lines.

3. For portions of structures subject to the modulation requirements of this subsection 23.49.242.E, the maximum length of a street-facing façade without modulation is prescribed in Table D for 23.49.242. For purposes of this subsection 23.49.242.E, length is measured parallel to each street lot line and includes projections from the street-facing façade, such as balconies.

Table D for 23.49.242: Façade Modulation
Height of portion of structureMaximum length of un-modulated facade if less than 15 feet from street lot line
65 feet in height or lessNo limit
Greater than 65 feet up to 125 feet155 feet
Greater than 125 up to 150 feet1125 feet
1 Applies only to structures 150 feet in height or less

4. Any portion of a facade subject to modulation under subsection 23.49.242.E.1 or 2 that exceeds the maximum length of façade prescribed in Table D for 23.49.242 must include a portion set back a minimum depth of 15 feet from street lot lines for a minimum length of 30 feet.

F. Maximum Width. For any story predominantly in residential use above 85 feet in height in a structure that exceeds 150 feet in height not including rooftop features, the maximum width along the general north/south axis of a lot (parallel to the avenues) is 100 feet. The projection of unenclosed decks and balconies, and architectural features such as cornices, is disregarded in calculating maximum width.

(Ord. 123589, § 48, 2011; Ord. 112303 § 3(part), 1985.)

23.49.250 International District Residential, street façade requirements

A. Street façade requirements, limits and standards. Street façade requirements, limits and standards in Section 23.49.210 for International District Mixed zones also apply to the street-facing facades that face Class I and Class II Pedestrian Streets and designated green streets in IDR zones, as shown on Map B for 23.66.326, on lots abutting those streets, unless waived or modified pursuant to subsection 23.49.250.B.

B. Waiver or modification of requirements, limits and standards. The Director may waive or modify the requirements, limits and standards referred to in subsection 23.49.210.A as a Type I decision if, upon consultation with the Director of Neighborhoods, the Director determines that waiving or modifying a Section 23.66.302 and Section 23.66.306.

(Ord. 123589, § 52, 2011.)

Subchapter VIII
Downtown Harborfront 1

23.49.300 Downtown Harborfront 1, uses.

A. Uses that shall be permitted or prohibited in Downtown Harborfront 1 are determined by the Seattle Shoreline Master Program.

B. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 117430, § 70, 1994; Ord. 112303, § 3(part), 1985.)

23.49.302 Downtown Harborfront 1, general provisions.

All uses shall meet the development standards of the Seattle Shoreline Master Program.

(Ord. 112303 § 3(part), 1985.)

23.49.306 Downtown Harborfront 1, parking.

Parking located at or above grade shall be screened according to the following requirements:

A. Parking where permitted on dry land at street level shall be screened according to the provisions of Section 23.49.019, Parking quantity, access and screening/landscaping requirements.

B. The perimeter of each floor of parking garages above street level shall have an opaque screen at least three and one-half (3 1/2) feet high.

(Ord. 122054 § 69, 2006; Ord. 112303 § 3(part), 1985.)

Subchapter IX
Downtown Harborfront 2

23.49.318 Downtown Harborfront 2, permitted uses.

A. All uses shall be permitted outright except those which are specifically prohibited in Section 23.49.320, those which are permitted only as conditional uses by Section 23.49.324, and parking, which shall be regulated by Section 23.49.322. Additionally, uses may be further restricted by the Seattle Shoreline Master Program.

B. All uses not specifically prohibited shall be permitted as either principal or accessory uses.

C. Public Facilities.

1. Except as provided in Section 23.49.324 D2, uses in public facilities that are most similar to uses permitted outright under this chapter shall also be permitted outright subject to the same use regulations and development standards that govern the similar uses.

2. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118672 § 19, 1997; Ord. 117430 § 71, 1994; Ord. 112303 § 3(part), 1985.)

23.49.320 Downtown Harborfront 2, prohibited uses.

The following uses shall be prohibited as both principal and accessory uses:

A. Drive-in businesses, except gas stations located in parking garages;

B. Outdoor storage, except when accessory to water-dependent or water-related uses located in Downtown Harborfront 1 or Downtown Harborfront 2;

C. Adult motion picture theaters and adult panorams;

D. All general and heavy manufacturing uses;

E. Solid waste management;

F. Recycling;

G. All high-impact uses; and

H. Work-release centers.

(Ord. 122311, § 58, 2006; Ord. 114623 § 11, 1989: Ord. 112777 § 31, 1986: Ord. 112303 § 3(part), 1985.)

23.49.322 Downtown Harborfront 2, principal and accessory parking.

A. Principal Use Parking.

1. Principal use parking garages for both long-term and short-term parking shall be conditional uses, according to Section 23.49.324.

2. Principal use surface parking areas shall be conditional uses in areas shown on Map 1I, and shall be prohibited in other locations, except that temporary principal use surface parking areas may be permitted as conditional uses pursuant to Section 23.49.324.

B. Accessory Parking.

1. Accessory parking garages for both long-term and short-term parking shall be permitted outright.

2. Accessory surface parking areas shall be:

a. Permitted outright when located in areas shown on Map 1I and containing twenty (20) or fewer parking spaces; or

b. Permitted as a conditional use when located in areas shown on Map 1I and containing more than twenty (20) spaces; or

c. Prohibited in areas not shown on Map 1I, except that temporary accessory surface parking areas may be permitted as a conditional use pursuant to Section 23.49.324.

(Ord. 122235, § 11, 2006; Ord. 120443 § 67, 2001: Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map 1J is codified at the end of this chapter.

23.49.324 Downtown Harborfront 2, conditional uses

A. All conditional uses shall meet the following criteria:

1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacts cannot be mitigated satisfactorily.

B. Principal use parking garages for long-term or short-term parking may be permitted as conditional uses, if the Director finds that:

1. Traffic from the garage will not have substantial adverse effects on traffic circulation in the area around the garage; and

2. The entrances to the garages are located so that they will not disrupt traffic or transit routes; and

3. The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation.

C. Surface parking areas where permitted as an administrative conditional use by Section 23.49.322, and temporary surface parking areas located on lots vacant on or before January 1, 1985, or on lots which become vacant as a result of City-initiated abatement action, may be permitted as conditional uses according to the following standards:

1. The standards stated for garages in subsection B of this section are met; and

2. The lot is screened and landscaped according to the provisions of Section 23.49.019, Parking quantity, access and screening/landscaping requirements; and

3. For temporary surface parking areas:

a. At least twenty (20) percent of the long-term spaces shall be set aside for carpools, according to the provisions of Section 23.49.046 C3; and

b. The permit may be issued for a maximum of two (2) years.

c. Renewal of a permit for a temporary surface parking area shall be subject to the following:

(1) Renewals shall be permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985 or located on lots vacant on or before January 1, 1985. A permit for a temporary surface parking area on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed; and

(2) Renewal shall be for a maximum of two (2) years and shall be subject to conditional use approval. The Director must find that the temporary surface parking area continues to meet applicable criteria; and

d. The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area such as curb cuts, paving and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires; and

e. Signs at each entrance to the parking area stating the ending date of the permit shall be required.

D. Public Facilities.

1. Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses.

2. When uses in public facilities meet the development standards of the Shoreline Master Program, where applicable, the City Council may waive or modify applicable development standards of the underlying zone or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3. Other Uses Permitted in Public Facilities. When uses in public facilities meet the development standards of the Shoreline Master Program, where applicable, and unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4. Expansion of Uses in Public Facilities.

a. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

b. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

E. Rooftop features listed in subsection 23.49.008.D.1.c more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, according to the criteria of Section 23.49.008.

F. Helistops and heliports may be permitted as Council conditional uses according to the following criteria:

1. The helistop or heliport is for takeoff and landing of helicopters which serve a public safety, news gathering or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone.

2. The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held, such as Safeco Field and Qwest Field, the Pike Place Market, and the Westlake Mall.

3. The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from other uses in the surrounding area.

4. Open areas and landing pads shall be hard-surfaced.

5. The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes.

G. Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:

1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;

2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;

3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.

(Ord. 123046, § 40, 2009; Ord. 122054 § 70, 2006; Ord. 119484 § 32, 1999; Ord. 118672 § 20, 1997; Ord. 116907 § 6, 1993; Ord. 116616 § 6, 1993; Ord. 114623 § 12, 1989; Ord. 114202 § 7, 1988; Ord. 113279 § 29, 1987; Ord. 112522 § 21(part), 1985; Ord. 112519 § 36, 1985; Ord. 112303 § 3(part), 1985.)

23.49.326 Downtown Harborfront 2, general provisions.

When a lot is in the Shoreline District, maximum height and lot coverage shall be regulated by the Seattle Shoreline Master Program, but may be reduced by the standards below.

(Ord. 112303 § 3(part), 1985.)

23.49.332 Downtown Harborfront 2, street facade requirements.

Standards for the facades of structures at street level are established for the following elements:

Minimum facade heights;

Setback limits;

Facade transparency;

Blank facade limits; and

Street trees.

These standards shall apply to each lot line that abuts a street designated on Map 1F as having a pedestrian classification. The standards for each street frontage shall vary according to the pedestrian classification of the street on Map 1F.

A. Minimum Facade Height.

1. Minimum facade height shall be as described in the table below, and as shown in Exhibit 23.49.332 A, but the minimum facade heights shall not apply when all portions of the structure are lower than the elevation of the required minimum facade height listed below.
Green Streets Minimum Facade* HeightClass II Pedestrian Streets Minimum Facade* Height
25 feet15 feet

* Except as modified by view corridor requirements.

2. On designated view corridors described in Section 23.49.024, the minimum facade height shall be the required elevation of the setback when it is less than the minimum facade height required in subsection A1.

B. Facade Setback Limits.

1. Except when the entire structure is less than or equal to fifteen (15) feet in height, or when the minimum facade height established in subsection A of this section is fifteen (15) feet, the setback limits shall apply to the facade between an elevation of fifteen (15) feet above sidewalk grade and the minimum facade height established in subsection A of this section (and see Exhibit 23.49.332B). When the structure is less than or equal to fifteen (15) feet in height, the setback limits shall apply to the entire street facade. When the minimum facade height is fifteen (15) feet, the setback limits shall apply to the portion of the street facade that is fifteen (15) feet or less in height.

2. The maximum area of all setbacks between the lot line and facade along each street frontage of a lot shall not exceed the area determined by multiplying the averaging factor times the width of the street frontage of the lot along that street (see Exhibit 23.49.332C). The averaging factor shall be thirty (30) on both Class II pedestrian streets and designated green streets. Parking shall not be located between the facade and the street property line.

3. The maximum width, measured along the street property line, of any setback area exceeding a depth of fifteen (15) feet from the street property line shall not exceed eighty (80) feet, or thirty (30) percent of the lot frontage on that street, whichever is less. (See Exhibit 23.49.332 C.)

4. The maximum setback of the facade from the street property line at intersections shall be ten (10) feet. The minimum distance the facade must conform to this limit shall be twenty (20) feet along each street. (See Exhibit 23.49.332 D.)

5. Any exterior public open space that satisfies the Downtown Amenity Standards, whether it receives a bonus or not, and any outdoor common recreation area required for residential uses, shall not be considered part of a setback. (See Exhibit 23.49.332 B.)

6. When sidewalk widening is required by Section 23.49.022, setback standards shall be measured to the line established by the new sidewalk width rather than the street property line.

C. Facade Transparency Requirements.

1. Facade transparency requirements apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except that where the slope along the street frontage of the facade exceeds seven and one-half (7 1/2) percent, the facade transparency requirements apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

2. Facade transparency requirements do not apply to portions of structures in residential use.

3. When the transparency requirements of this subsection are inconsistent with the glazing limits in the Energy Code, this subsection shall apply.

4. Transparency requirements are as follows:

a. Class I pedestrian streets: A minimum of sixty (60) percent of the street-level facade shall be transparent.

b. Class II pedestrian streets and Designated Green Streets: A minimum of thirty (30) percent of the street-level facade shall be transparent.

c. When the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent, the required amount of transparency is reduced to fifty (50) percent on Class I pedestrian streets and twenty-five (25) percent on Class II pedestrian streets and designated green streets.

D. Blank Facade Limits.

1. General Provisions.

a. Blank facade limits apply to the area of the facade between two (2) feet and eight (8) feet above the sidewalk, except where the slope along the street frontage of the facade exceeds seven and one-half (7 1/2) percent, in which case the blank facade limits apply to the area of the facade between four (4) feet and eight (8) feet above sidewalk grade.

b. Any portion of a facade that is not transparent shall be considered to be a blank facade.

c. Blank facade limits shall not apply to portions of structures in residential use.

2. Blank Facade Limits for Class I Pedestrian Streets.

a. Blank facades are limited to segments fifteen (15) feet wide, except for garage doors which may exceed fifteen (15) feet. Blank facade width may be increased to thirty (30) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors may not exceed the width of the driveway plus five (5) feet.

b. Any blank segments of the facade shall be separated from other blank segments by transparent areas at least two (2) feet wide.

c. The total of all blank facade segments, including garage doors, shall not exceed forty (40) percent of the street facade of the structure on each street frontage; or fifty (50) percent if the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent.

3. Blank Facade Limits for Class II Pedestrian Streets and Designated Green Streets.

a. Blank facades shall be limited to segments thirty (30) feet wide, except for garage doors which may exceed thirty (30) feet. Blank facade width may be increased to sixty (60) feet if the Director determines that the facade is enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest. The width of garage doors shall be limited to the width of the driveway plus five (5) feet.

b. Any blank segments of the facade shall be separated by transparent areas at least two (2) feet wide.

c. The total of all blank facade segments, including garage doors, shall not exceed seventy (70) percent of the street facade of the structure on each street frontage; or seventy-five (75) percent if the slope of the street frontage of the facade exceeds seven and one-half (7 1/2) percent.

E. Reserved.

F. Street Tree Requirements. Street trees shall be required on all streets abutting a lot. When areaways are located beneath the sidewalk, the street trees shall be planted in below-grade containers with provisions for watering the trees. Street trees shall be planted according to Seattle Department of Transportation Tree Planting Standards.

(Ord. 123046, § 65, 2009; Ord. 122054 § 71, 2006; Ord. 121477 § 22, 2004; Ord. 120611 § 12, 2001; Ord. 120443 § 71, 2001; Ord. 118409 § 191, 1996: Ord. 116744 § 23, 1993; Ord. 112519 § 37, 1985; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map 1J is codified at the end of this chapter.

2. Editor's Note: The Energy Code is codified at Subtitle VII of Title 22 of this Code. {/PICK;23-49-332-1;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-332-1.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.49.332A\. {/PICK;23-49-332-2;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-49-332-2.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.49.332B\.

Subchapter X
Pike Place Market Mixed

23.49.336 Pike Market Mixed, permitted uses.

A. Permitted uses within the Pike Place Market Historical District, shown on Map 1K, shall be determined by the Pike Place Market Historical Commission pursuant to the Pike Place Market Historical District Ordinance, Chapter 25.24, Seattle Municipal Code.

B. In areas outside of the Pike Place Market Historical District in the Pike Market Mixed (PMM) zone, as shown on Map 1K, all uses are permitted outright except those specifically prohibited by Section 23.49.338.

C. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 122235, § 12, 2006; Ord. 120443 § 72, 2001; Ord. 118672 § 21, 1997; Ord. 117430 § 73, 1994; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map 1K is codified at the end of this chapter and is up to date through changes made by Ordinance 114863, passed by the Council on December 11, 1989.

23.49.338 Pike Market Mixed, prohibited uses.

A. The following uses are prohibited as both principal and accessory uses in areas outside of the Pike Place Market Historical District, Map 1K:1

1. Drive-in businesses, except gas stations located in parking garages;

2. Outdoor storage;

3. Adult motion picture theaters and adult panorams;

4. Transportation facilities, except principal use parking;

5. Major communication utilities;

6. All general manufacturing uses;

7. Solid waste management;

8. Recycling;

9. All industrial uses;

10. Jails; and

11. Work-release centers.

B. Within the Pike Place Market Historical District, Map 1K, uses may be prohibited by the Pike Market Historical Commission pursuant to the Pike Place Market Historical District Ordinance.

(Ord. 122311, § 59, 2006; Ord. 122054 § 72, 2006; Ord. 120928 § 21, 2002; Ord. 120443 § 73, 2001; Ord. 116295 § 19, 1992; Ord. 114623 § 13, 1989; Ord. 112303 § 3(part), 1985.)

1. Editor's Note: Map 1K is codified at the end of this chapter.

2. Editor's Note: The Pike Place Market Historical District Ordinance is codified in Chapter 25.24 of this Code.

{/PICK;23-49-338-1;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1A Downtown Zones and South Downtown Boundary {/GRAPH;23-49-338-1.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-2;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1B Street Classifications {/GRAPH;23-49-338-2.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-3;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1C Sidewalk Widths {/GRAPH;23-49-338-3.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-4;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1D View Corridors {/GRAPH;23-49-338-4.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-5;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1E Existing Public Benefit Features Under Title 24 {/GRAPH;23-49-338-5.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-6;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1F Pedestrian Street Classifications {/GRAPH;23-49-338-6.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-7;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1G Street Level Uses Required {/GRAPH;23-49-338-7.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-8;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1H Property Line Facades {/GRAPH;23-49-338-8.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-9;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1I Parking Uses Permitted {/GRAPH;23-49-338-9.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-10;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1J Public Amenity Features {/GRAPH;23-49-338-10.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

{/PICK;23-49-338-11;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap 1K Pike Place Market {/GRAPH;23-49-338-11.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 53, 2011.)

Chapter 23.50
INDUSTRIAL

Sections:

23.50.002 Scope of provisions.

Subchapter I General Provisions

23.50.004 Scope of general provisions.

23.50.006 Water quality-Best management practices.

Subchapter II Uses in All Industrial Zones

23.50.012 Permitted and Prohibited Uses

23.50.014 Conditional uses.

Subchapter III Development Standards in All Zones

23.50.015 Major Phased Development.

23.50.016 Landscaping standards on designated streets

23.50.018 View corridors.

23.50.020 Structure height exceptions and additional restrictions

23.50.022 General Industrial 1 and 2– Structure height

23.50.024 Industrial Buffer– Structure height

23.50.026 Structure height in IC zones

23.50.027 Maximum Size of Nonindustrial Use

23.50.028 Floor area limits

23.50.029 General Industrial 1 and 2– Setback requirements.

23.50.030 Industrial Buffer– Setback requirements.

23.50.032 Industrial Commercial– Setback requirements.

23.50.033 Conditions for extra floor area in an IC 85-160 zone

23.50.034 Screening and landscaping

23.50.036 Industrial Buffer– Screening and landscaping

23.50.038 Industrial Commercial– Screening and Landscaping

23.50.039 Street-level use requirements in an IC 85-160 zone

23.50.040 Industrial General– Screening and landscaping for specific uses

23.50.042 All Industrial zones– Venting standards.

23.50.044 Industrial Buffer and Industrial Commercial zones– Standards for major odor sources.

23.50.046 Industrial Buffer and Industrial Commercial– Light and glare standards.

23.50.048 Industrial Buffer– Access to parking and loading areas.

23.50.049 Pet daycare centers.

23.50.050 Transportation concurrency level-of-service standards.

23.50.051 Additional floor area in certain IC-zoned areas in the South Lake Union Urban Center

23.50.052 Bonus floor area for housing and child care.

23.50.053 Transfer of development rights within the South Lake Union Urban Center and within an IC 85-160 zone

23.50.055 Street-facing façade requirements and upper level development standards in an IC 85-160 zone

23.50.002 Scope of provisions.

A. There shall be four (4) industrial classifications: General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB), and Industrial Commercial (IC). This chapter describes the authorized uses and development standards for the Industrial zones.

B. In addition to the regulations in this chapter, certain industrial areas may be regulated by other chapters or titles of the Seattle Municipal Code, including but not limited to: Special Review Districts, Chapter 23.66; Landmark Districts, Chapter 25.12; or the Seattle Shoreline District, Chapter 23.60.

C. Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this chapter and additional regulations in Chapter 23.57. Requirements for streets, alleys and easements are provided in Chapter 23.53. Standards for parking access and design are provided in Chapter 23.54. Signs are regulated by Chapter 23.55. Methods for measurements are provided in Chapter 23.86. Definitions are in Chapter 23.84A.

D. For the purposes of this chapter, the terms "existing structures or uses" mean those structures or uses which were established under permit, or for which a permit has been granted and has not expired, or are substantially underway in accordance with Section 23.04.010 D, on the effective date of the ordinance codified in this chapter.1

(Ord. 122311, § 60, 2006; Ord. 120928 § 22, 2002; Ord. 120611 § 13, 2001; Ord. 116295 § 20, 1992; Ord. 115326 § 20, 1990; Ord. 113658 § 4(part), 1987.)

1. Editor's Note: Ordinance 113658 was adopted by the City Council on October 5, 1987.

Subchapter I
General Provisions

23.50.004 Scope of general provisions.

Unless otherwise specified, the regulations of this subchapter shall apply to all industrial zones.

(Ord. 113658 § 4(part), 1987.)

23.50.006 Water quality-Best management practices.

A. The location, design, construction and management of all developments and uses shall protect the quality and quantity of surface and groundwater, and shall adhere to the guidelines, policies, standards and regulations of applicable water quality management programs and regulatory agencies. Best management practices such as paving and berming of drum storage areas, fugitive dust controls and other good housekeeping measures to prevent contamination of land or water may be required.

B. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water or be discharged onto the land.

(Ord. 113658 § 4(part), 1987.)

Subchapter II
Uses in All Industrial Zones

23.50.012 Permitted and Prohibited Uses

A. All uses are permitted outright, prohibited or permitted as a conditional use, according to Table A for 23.50.012 and this Section 23.50.012.

B. All permitted uses are allowed as either a principal use or an accessory use, unless otherwise indicated in Table A for 23.50.012.

C. Public Facilities.

1. Similar Uses Permitted. Except as provided in subsections 23.50.012.C.2 and 23.50.012.C.3 and in Section 23.50.027, uses in public facilities that are most similar to uses permitted outright or permitted by conditional use in this chapter are also permitted outright or by conditional use, subject to the same use regulations, development standards and administrative conditional use criteria that govern the similar uses.

2. Waivers or Modification by City Council for Similar Uses. The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted by conditional use according to Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

3. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted by a conditional use or special exception under this Chapter 23.50 may be permitted by the City Council. City Council may waive or modify development standards or conditional use criteria according to Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

4. Uses in public facilities not meeting development standards. In all industrial zones, uses in public facilities not meeting development standards may be permitted by the Council if the following criteria are satisfied:

a. The project provides unique services that are not provided to the community by the private sector, such as police and fire stations; and

b. The proposed location is required to meet specific public service delivery needs; and

c. The waiver or modification to the development standards is necessary to meet specific public service delivery needs; and

d. The relationship of the project to the surrounding area has been considered in the design, siting, landscaping and screening of the facility.

5. Expansion of Uses in Public Facilities.

a. Major Expansion. Major expansions may be permitted to uses in public facilities allowed pursuant to subsections 23.50.012.C.1, 23.50.012.C.2 and 23.50.012.C.3 according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use is one that would not meet development standards, or one that would exceed the greater of 750 square feet or ten percent of its existing area, including gross floor area and areas devoted to active outdoor uses other than parking.

b. Minor Expansion. An expansion that is not a major expansion is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed pursuant to subsections 23.50.012.C.1, 23.50.012.C.2 and 23.50.012.C.3 according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit if the development standards of the zone in which the public facility is located are met.

6. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to Chapter 23.80, Essential Public Facilities.

D. Rooftop Recreational Space in IG1 and IG2 Zones. Recreational space may be located on the rooftop of a building (including the rooftop of an attached parking structure) existing as of December 31, 1998. Rooftop recreational space shall be used only for the purposes of active recreational uses and/or passive open spaces accessory to office uses of at least 100,000 square feet that are located in the same building or within an attached structure(s) and that are established on or before December 31, 1998. If any portion of the rooftop recreational space is covered by a structure, the following standards apply:

1. The height of the structure shall not exceed 30 feet as measured from the existing rooftop elevation and be limited to only one story;

2. The height shall not exceed the height of the highest portion or feature of the building or attached structure(s);

3. The footprint of the structure shall not exceed 30 percent of the total roof area on which the structure is located; and

4. The structure shall be designed to include a minimum of 30 percent transparent and/or translucent exterior building materials.

5. The rooftop recreational space permitted under this subsection 23.50.012.D shall be used only for active recreational uses and/or passive open spaces accessory to office uses and cannot be used for or converted to other uses. Section 23.50.012.D does not preclude the use of rooftop decks for passive open space use if the deck is on a structure otherwise permitted, including a structure constructed after December 31, 1998, or if the deck is associated with an otherwise permitted use.

E. Adult Cabarets.

1. Any lot line of property containing any proposed new or expanding adult cabaret must be 800 feet or more from any lot line of property on which any of the following uses has been established by permit or otherwise recognized as legally established: community center; child care center; school, elementary or secondary; or public parks and open space use.

2. Any lot line of property containing any proposed new or expanding adult cabaret must be 600 feet or more from any lot line of property for which a permit has been issued for any other adult cabaret.

3. The analysis required by subsections 23.50.012.E.1 and E.2 shall be based on the facts that exist on the earlier of:

a. the date a complete application is made for a building permit for an adult cabaret for the property proposed to contain the new or expanding adult cabaret, or

b. the date of publication of notice of the Director's decision on the Master Use Permit application to establish or expand an adult cabaret use, if the decision can be appealed to the Hearing Examiner, or the date of the Director's decision if no Hearing Examiner appeal is available.
Table A for 23.50.012 Uses in Industrial Zones
PERMITTED AND PROHIBITED USES BY ZONE
USESIBICIG1 and IG2 (general)IG1 in the Duwamish M/I CenterIG2 in the Duwamish M/I Center
A. AGRICULTURAL USES
A.1. Animal HusbandryXXXXX
A.2. AquaculturePPPPP
A.3. Community GardenP(14)P(14)P(14)P(14)P(14)
A.4. HorticultureXXXXX
A.5. Urban FarmP(14)P(14)P(14)P(14)P(14)
B. CEMETERIESXXXXX
C. COMMERCIAL USES
C.1. Animal Shelters and KennelsX(1)PPPP
C.2. Eating and drinking establishmentsPPPPP
C.3. Entertainment Uses
C.3.a. Cabarets, adultP(13)P(13)XXX
C.3.b. Motion picture theaters, adultXXXXX
C.3.c. Panorams, adultXXXXX
C.3.d. Sports and recreation, indoorPPPXP
C.3.e. Sports and recreation, outdoorPPPXP
C.3.f. Theaters and spectator sports facilities
C.3.f.i. Lecture and meeting hallsPPPPP
C.3.f.ii. Motion picture theatersPPPXX
C.3.f.iii. Performing arts theatersPPPXX
C.3.f.iv. Spectator sports facilitiesPPPX(2)X(2)
C.4. Food processing and craft workPPPPP
C.5. Laboratories, Research and developmentPPPPP
C.6. Lodging usesCUCUCUXX
C.7. Medical services (3)PPPPP
C.8. OfficesPPPPP
C.9. Sales and services, automotivePPPPP
C.10. Sales and services, generalPPPPP
C.11. Sales and services, heavyPPPPP
C.12. Sales and services, marinePPPPP
D. HIGH-IMPACT USESXX or CU(4)X or CU(5)X or CU(5)X or CU(5)
E. INSTITUTIONS
E.1. Adult care centersXXXXX
E.2. Child care centersPPPPP
E.3. CollegesEBEBEBX(6)X(6)
E.4. Community centers and Family support centersEBEBEBPP
E.5. Community clubsEBEBEBXP
E.6. HospitalsEBEBCU(7)PP
E.7. Institutes for advanced studyPPPXX
E.8. LibrariesXXXXX
E.9. Major institutions subject to the provisions of Chapter 23.69EBEBEBEBEB
E.10. MuseumsEBEB(9)EBX(8)X(8)
E.11. Private ClubsEBEBEBXX
E.12. Religious facilitiesP(16)P(16)P(16)P(16)P(16)
E.13. Schools, elementary or secondaryEBEBEBXX
E.14. Vocational or fine arts schoolsPPPPP
F. LIVE-WORK UNITSXXXXX
G. MANUFACTURING USES
G.1. Manufacturing, lightPPPPP
G.2. Manufacturing, generalPPPPP
G.3. Manufacturing, heavyCUX or CU(10)P or CU(11)PP
H. PARKS AND OPEN SPACEPPPPP
I. PUBLIC FACILITIES
I.1. JailsXXXXX
I.2. Work-release centersXXXXX
I.3. Other public facilitiesCCUCCUCCUCCUCCU
J. RESIDENTIAL USES
J.1. Residential uses not listed belowXXXXX
J.2. Artist's studio/dwellingsEB/CUEB/CUEB/CUEB/CUEB/CU
J.3. Caretaker's quartersPPPPP
J.4. Residential use, except artist's studio/dwellings and caretaker's quarters, in a landmark structure or landmark districtCUCUCUCUCU
K. STORAGE USES
K.1. Mini-warehousesPPPXP
K.2. Storage, outdoorPPPPP
K.3. WarehousesPPPPP
L. TRANSPORTATION FACILITIES
L.1. Cargo terminalsPPPPP
L.2. Parking and moorage
L.2.a. Boat mooragePPPPP
L.2.b. Dry boat storagePPPPP
L.2.c. Parking, principal use, except as listed belowPP or X(15)PX(2)X(2)
L.2.c.i. Park and Pool LotsP(12)P(12)P(12)CUCU
L.2.c.ii. Park and Ride LotsCUCUCUCUCU
L.2.d. Towing servicesPPPPP
L.3. Passenger terminalsPPPPP
L.4. Rail Transit FacilitiesPPPPP
L.5. Transportation facilities, air
L.5.a. Airports (land-based)XCCUCCUCCUCCU
L.5.b. Airports (water-based)XCCUCCUCCUCCU
L.5.c. HeliportsXCCUCCUCCUCCU
L.5.d. HelistopsCCUCCUCCUCCUCCU
L.6. Vehicle storage and maintenance
L.6.a. Bus basesCUCUCUCUCU
L.6.b. Railroad switchyardsPPPPP
L.6.c. Railroad switchyards with a mechanized humpXXCUCUCU
L.6.d. Transportation services, personalPPPPP
M. UTILITY USES
M.1. Communication Utilities, majorCUCUCUCUCU
M.2. Communication Utilities, minorPPPPP
M.3. Power PlantsXCCUPPP
M.4. RecyclingPPPPP
M.5. Sewage Treatment PlantsXCCUCCUCCUCCU
M.6. Solid waste management
M.6.a. Salvage yardsXXPPP
M.6.b. Solid waste transfer stationsXCUCUCUCU
M.6.c. Solid waste incineration facilitiesXCCUCCUCCUCCU
M.6.d. Solid waste landfillsXXXXX
M.7. Utility Services UsesPPPPP

KEY

CU = Administrative conditional use

CCU = Council conditional use

EB = Permitted only in a building existing on October 5, 1987.

EB/CU = Administrative conditional use permitted only in a building existing on October 5, 1987.

P = Permitted

X = Prohibited

Notes

(1) Animal shelters and kennels maintained and operated for the impounding, holding and/or disposal of lost, stray, unwanted, dead or injured animals are permitted.

(2) Parking required for a spectator sports facility or exhibition hall is allowed and shall be permitted to be used for general parking purposes or shared with another such facility to meet its required parking. A spectator sports facility or exhibition hall within the Stadium Transition Area Overlay District may reserve parking. Such reserved non-required parking shall be permitted to be used for general parking purposes and is exempt from the one space per 650 square feet ratio under the following circumstances:

(a) The parking is owned and operated by the owner of the spectator sports facility or exhibition hall, and

(b) The parking is reserved for events in the spectator sports facility or exhibition hall, and

(c) The reserved parking is outside of the Stadium Transition Area Overlay District, and south of South Royal Brougham Way, west of 6th Avenue South and north of South Atlantic Street. Parking that is covenanted to meet required parking will not be considered reserved parking.

(3) Medical service uses over 10,000 square feet, within 2,500 feet of a medical Major Institution Overlay District boundary, require administrative conditional use approval, unless included in an adopted major institution master plan. See Section 23.50.014.

(4) The high-impact uses listed in subsection 23.50.014.B.10 may be permitted as conditional uses.

(5) High-impact uses may be permitted as conditional uses as provided in subsection 23.50.014.B.5.

(6) A college or university offering a primarily vocational curriculum within the zone is permitted.

(7) Hospitals may be permitted as a conditional use where accessory to a research and development laboratory or an institute for advanced study pursuant to subsection 23.50.014.B.14.

(8) Museums are prohibited except in buildings or structures that are designated City of Seattle landmarks.

(9) On IC zoned parcels within the Ballard Hub Urban Village and abutting Market Street, museums are allowed in new buildings or structures.

(10) The heavy manufacturing uses listed in subsection 23.50.014.B.9 may be permitted as a conditional use. All other heavy manufacturing uses are prohibited.

(11) Heavy manufacturing uses may be permitted as a conditional use within the Queen Anne Interbay area as provided in subsection 23.50.014.C.

(12) Park and pool lots are not permitted within 3,000 feet of the Downtown Urban Center.

(13) Subject to subsection 23.50.012.E.

(14) Except within designated manufacturing and industrial centers, where they are permitted only on rooftops and/or as vertical farming.

(15) Prohibited in an IC 85-160 zone for development that exceeds the base FAR limit.

(16) Transitional encampments accessory to religious facilities or to principal uses located on property owned or controlled by a religious organization are regulated by Section 23.42.054.

(Ord. 123729, § 6, 2011; Ord. 123649, § 31, 2011; Ord. 123589, § 54, 2011; Ord. 123378, § 21, 2010; Ord. 123282, § 4, 2010; Ord. 123046, §§ 41, 65, 2009; Ord. 122935, § 12, 2009; Ord. 122925, § 1, 2009; Ord. 122411, §§ 6, 7, 2007; Ord. 122311, § 61, 2006; Ord. 121476 § 11, 2004; Ord. 121196§ 18, 2003; Ord. 120155 § 1, 2000; Ord. 120117 § 38, 2000; Ord. 119972 § 5, 2000; Ord. 119370 § 12, 1999; Ord. 119238 § 7, 1998; Ord. 118794 § 38, 1997; Ord. 118672 § 22, 1997; Ord. 117430 § 76, 1994; Ord. 117263 § 48, 1994; Ord. 117202 § 9, 1994; Ord. 116907 § 7, 1993; Ord. 116596 § 3, 1993; Ord. 116295 § 21, 1992; Ord. 115043 § 11, 1990; Ord. 115002 § 10, 1990; Ord. 114875 § 12, 1989; Ord. 114623 § 14, 1989; Ord. 113658 § 4(part), 1987.)

23.50.014 Conditional uses.

A. Criteria For All Conditional Uses. All conditional uses shall be subject to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, and shall meet the following criteria:

1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. The benefits to the public that would be provided by the use shall outweigh the negative impacts of the use.

3. Landscaping and screening, vehicular access controls and other measures shall insure the compatibility of the use with the surrounding area and mitigate adverse impacts.

4. The conditional use shall be denied if it is determined that the negative impacts cannot be mitigated satisfactorily. However, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest.

5. In areas covered by Council-adopted Neighborhood Plans which were adopted after 1983, uses shall be consistent with the recommendations of the plans.

B. Administrative Conditional Uses. The following uses, identified as administrative conditional uses in Table A, may be permitted by the Director when the provisions of this subsection and subsection A of this section are met.

1. Artist's studio/dwellings in an existing structure may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones, except as provided in the Shoreline District, Chapter 23.60, upon showing that the occupant is a bona fide working artist, and subject to the following criteria:

a. Artist's studio/dwellings shall generally be discouraged along arterials such as freeways, state routes and freight lines;

b. Artist's studio/dwellings shall not be allowed in areas where existing industrial uses may cause environmental or safety problems;

c. Artist's studio/dwellings shall not be located where they may restrict or disrupt industrial activity;

d. The nature of the artist's work shall be such that there is a genuine need for the space; and

e. The owner(s) of a building seeking a conditional use for artist's studio/dwellings must sign and record a covenant and equitable servitude, on a form acceptable to the Director, that acknowledges that the owner(s) and occupants of the building accept the industrial character of the neighborhood and agree that existing or permitted industrial uses do not constitute a nuisance or other inappropriate or unlawful use of land. Such covenant and equitable servitude must state that it is binding on the owner(s)' successors, heirs, and assigns, including any lessees of the artist's studio/dwellings.

2. Park-and-pool lots in IG1 and IG2 zones in the Duwamish Manufacturing/Industrial Center, and park-and-ride lots in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones may be permitted as a conditional use according to the following criteria:

a. The park-and-pool lot shall not create conflict with industrial activity by causing significant additional traffic to circulate through the area;

b. The park-and-pool lot has direct vehicular access to a designated arterial improved to City standards;

c. The park-and-pool lot shall be located on an existing parking area unless no reasonable alternative exists;

d. If the proposed park-and-pool lot is located on a lot containing accessory parking for other uses, there shall be no substantial conflict in the principal operating hours of the lot and the other uses; and

e. The park-and-pool lot is not located within three thousand (3,000) feet of downtown.

3. Except in the Duwamish Manufacturing/Industrial Center, lodging uses may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones according to the following criteria:

a. The use is designed primarily to serve users in the industrial area; and

b. The use is designed and located to minimize conflicts with industrial uses in the area.

4. A residential use not otherwise permitted in the zone may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones within a structure designated as a Landmark, pursuant to the Seattle Municipal Code, Chapter 25.12, Landmarks Preservation, or within a structure in a Landmark District, pursuant to the Seattle Municipal Code, Chapters 25.16, Ballard Avenue Landmark District, or Chapter 25.28, Pioneer Square Historical District, subject to the following criteria:

a. The use shall be compatible with the historic or landmark character of the structure. The Director shall request a determination regarding compatibility by the respective Board having jurisdiction over the structure or lot;

b. The residential use shall not restrict or disrupt industrial activity in the zone, and

c. The surrounding uses would not be detrimental to occupants of the Landmark structure.

5. High-impact uses may be permitted as a conditional use in General Industrial 1 (IG1), and General Industrial 2 (IG2) zones, according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation and other factors may be required.

6. A new railroad switchyard with a mechanized hump, or the expansion of such a use beyond the lot occupied as of October 5, 1987 may be permitted as a conditional use in General Industrial 1 (IG1) and General Industrial 2 (IG2) zones, according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. Measures to minimize the impacts of noise, light and glare, and other measures to ensure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

7. Solid waste transfer stations may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2) and Industrial Commercial (IC) zones according to the following criteria:

a. Measures to minimize potential odor emissions and airborne pollutants shall be determined in consultation with the Puget Sound Clean Air Agency (PSCAA). These measures shall be incorporated into the design and operation of the facility;

b. Measures to maximize control of rodents, birds and other vectors shall be determined in consultation with the Seattle/King County Department of Public Health. These measures shall be incorporated into the design and operation of the facility;

c. The Director may require a transportation plan. The Director shall determine the level of detail to be disclosed in the plan such as estimated trip generation, access routes and surrounding area traffic counts, based on the probable impacts and/or scale of the proposed facility; and

d. Measures to minimize other impacts are incorporated into the design and operation of the facility.

8. Heavy Manufacturing uses may be permitted in the Industrial Buffer (IB) zone as a conditional use according to the following criteria:

a. The use shall be located within an enclosed building except for shipbuilding;

b. The hours of operation for all processes creating any adverse impacts on residentially or commercially zoned land may be limited;

c. Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones;

d. The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use; and

e. The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones.

9. The heavy manufacturing uses listed in subsection B9a of this section may be permitted in the Industrial Commercial (IC) zone as a conditional use according to criteria contained in subsection B9b.

a. Uses.

(1) Mass production of commercial or recreational vessels of any size and the production of vessels up to one hundred and twenty (120) feet in length, constructed to individual specifications; and

(2) Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating; and

(3) Production of industrial organic and inorganic chemicals, and soaps and detergents.

b. Criteria.

(1) Except for shipbuilding, the use shall be located within an enclosed building;

(2) The hours of operation for all processes creating any impacts on residentially or commercially zoned land may be limited;

(3) Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones;

(4) The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use;

(5) The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones;

(6) The finished product as packaged for sale or distribution shall be in such a form that product handling and shipment does not constitute a significant public health risk; and

(7) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety.

10. The high-impact uses listed in subsection B10a of this section may be permitted as conditional uses in the Industrial Commercial (IC) zone according to the criteria contained in subsection B10b of this section.

a. Uses.

(1) The manufacture of Group A hazardous materials, except Class A or B explosives; and

(2) The manufacture of Group B hazardous materials, when the hazardous materials are present in quantities greater than two thousand five hundred (2,500) pounds of solids, two hundred seventy-five (275) gallons of liquids, or one thousand (1,000) cubic feet of gas at any time.

b. Criteria.

(1) The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

(2) A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation and other factors may be required;

(3) The finished product as packaged for sale or distribution shall be in such a form that product handling and shipment does not constitute a significant public health risk; and

(4) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety.

11. Bus bases may be permitted as a conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) zones according to the following criteria:

a. The amount of industrial land occupied by the facility shall be minimized. To avoid disruption of the industrial function of the area, the presence of the facility shall not obstruct the operation or likely expansion of existing industrial uses;

b. The location of the facility shall not result in significant displacement of viable industrial uses or support activities;

c. The amount of land occupied by the facility that has access to industrial shorelines or major rail facilities shall be minimized; and

d. A transportation plan may be required to prevent conflicts with nearby industrial uses. The Director shall determine the level of detail to be disclosed in the plan based on the probable impacts and/or scale of the proposed facility.

12. Development of a medical service use over ten thousand (10,000) square feet, outside but within two thousand five hundred (2,500) feet of a medical Major Institution overlay district boundary, shall be subject to administrative conditional use approval, unless included in an adopted master plan. In making a determination whether to approve or deny medical service use, the Director shall determine whether an adequate supply of industrially zoned land will continue to exist. The following factors shall be used in making this determination:

a. Whether the amount of medical service use development existing and proposed in the vicinity would reduce the current viability or significantly impact the longer-term potential of the manufacturing or heavy commercial character of the industrial area; and

b. Whether medical service use development would displace existing manufacturing or heavy commercial uses or usurp vacant land, in areas with parcels particularly suited for manufacturing or heavy commercial uses.

13. A nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone based on the following factors:

a. New uses shall be limited to those first permitted in the next more intensive zone;

b. The Director shall evaluate the relative impacts of size, parking, traffic, light, glare, noise, odor and similar impacts of the two (2) uses, and how these impacts could be mitigated;

c. The Director must find that the new nonconforming use is no more detrimental to property in the zone and vicinity than the existing nonconforming use.

14. An accessory hospital facility may be permitted as a conditional use according to the following criteria:

a. The hospital facility is an integral element of a research and development laboratory or an institute for advanced study to which it is accessory; and

b. The hospital use shall not be allowed in areas where industrial activity may adversely affect hospital activity.

C. Administrative Conditional Uses/Queen Anne Interbay Area. Within the area shown on Exhibit 23.50.014 A, the uses listed in subsection C1 and C2 of this section shall be administrative conditional uses and may be permitted by the Director when the provisions of this section and subsection A of Section 23.50.014 are met (See Exhibit 23.50.014 A):

1. Heavy Manufacturing uses may be permitted as a conditional use according to the following criteria:

a. Except shipbuilding, the use shall be located within an enclosed building;

b. The hours of operation for all process creating any adverse impacts on residentially or commercially zoned land shall be limited;

c. Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones;

d. The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use; and

e. The use shall not produce sustained or recurrent vibrations exceeding 0.002 g acceleration as measured on lots in nonindustrial zones.

2. Power plants may be permitted as a conditional use according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. A facility management and transportation plan may be required. The level and kind of detail to be disclosed in the plan shall be based on the probable impacts and/or scale of the proposed facility, and may include discussion of transportation, noise control, and hours of operation;

c. Measures to minimize potential odor emission and airborne pollution shall meet standards of and be consistent with the Puget Sound Clean Air Agency (PSCAA), and shall be incorporated into the design and operation of the facility; and

d. Landscaping and screening, separation from less-intensive zones, noise, light and glare controls, and other measures to insure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

D. Council Conditional Uses. The following uses are identified as Council conditional uses on Table A of Section 23.50.012 and may be permitted by the Council when provisions of this subsection and subsection A are met:

1. Sewage treatment plants may be permitted as a Council conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2) and Industrial Commercial (IC) zones according to the following criteria:

a. The plant shall be located so that adverse impacts would not affect large concentrations of people, particularly in residential and commercial areas;

b. The negative impacts of the use can be satisfactorily mitigated by imposing conditions to protect other property in the zone or vicinity and to protect the environment. Appropriate mitigation measures shall include but are not limited to:

(1) A facility management and transportation plan shall be required. The level and kind of detail to be disclosed in the plan shall be based on the probable impacts and/or scale of the proposed facility, and shall at a minimum include discussion of sludge transportation, noise control and hours of operation, and shall be incorporated into the design and operation of the facility;

(2) Measures to minimize potential odor emission and airborne pollutants including methane shall meet standards of and be consistent with best available technology as determined in consultation with the Puget Sound Clean Air Agency (PSCAA), and shall be incorporated into the design and operation of the facility;

(3) Methods of storing and transporting chlorine and other hazardous and potentially hazardous chemicals shall be determined in consultation with the Seattle Fire Department and incorporated into the design and operation of the facility;

(4) Vehicular access suitable for trucks shall be available or provided from the plant to a designated arterial improved to City standards; and

(5) Landscaping and screening, separation from less-intensive zones, noise, light and glare controls, and other measures to insure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

2. Heliports may be permitted as a Council conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2) and Industrial Commercial (IC) Zones according to the following criteria:

a. The heliport is to be used for the takeoff and landing and servicing of helicopters which serve a public safety, news gathering or emergency medical care function; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone;

b. A need shall be determined for the facility at the proposed location;

c. The heliport is located to minimize impacts, such as noise and dust impacts, on lots in the surrounding area;

d. The lot is of sufficient size that the operations of the heliport and the flight paths of helicopters are buffered from the surrounding area;

e. Open areas and landing pads are hard-surfaced; and

f. The heliport meets all federal requirements including those for safety, glide angles and approach lanes.

3. Airports may be permitted as a Council conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2) and Industrial Commercial (IC) zones according to the following criteria:

a. A need shall be determined for the facility at the proposed location;

b. The impacts of the proposal shall be evaluated so that the negative impacts can be satisfactorily mitigated by imposing conditions to protect other property in the zone or vicinity and to protect the environment. Appropriate mitigation measures shall include, but are not limited to:

(1) The site shall be located so that adverse impacts associated with landing and takeoff activities, including noise levels and safety conditions, will not affect large numbers of people in the immediate vicinity as well as in the general landing path of the flight pattern;

(2) A facility management and transportation plan shall be required. At a minimum, the facility management and transportation plan shall demonstrate noise control, vehicle and service access, and hours of operation, and shall be incorporated into the design and operation of the facility; and

(3) Landscaping and screening, separation from less-intensive zones, noise, light and glare controls, and other measures to insure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

4. Solid waste incineration facilities may be permitted as a Council conditional use in the General Industrial 1 (IG1) and General Industrial 2 (IG2) zones according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. Measures to minimize odor emission and airborne pollutants shall be determined in consultation with the Puget Sound Clean Air Agency (PSCAA). These measures shall be incorporated into the design and operation of the facility;

c. A transportation plan may be required. The Director shall determine the level of detail to be disclosed in the plan based on the probable impacts and/or scale of the proposed facility.

5. Power plants may be permitted as a Council conditional use in the Industrial Commercial (IC) zone according to the following criteria:

a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts;

b. A facility management and transportation plan may be required. The level and kind of detail to be disclosed in the plan shall be based on the probable impacts and/or scale of the proposed facility, and may include discussion of transportation, noise control, and hours of operation;

c. Measures to minimize potential odor emission and airborne pollution shall meet standards of the Puget Sound Clean Air Agency (PSCAA), and shall be incorporated into the design and operation of the facility; and

d. Landscaping and screening, separation from less-intensive zones, noise, light and glare controls, and other measures to insure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

6. Helistops may be permitted as a Council conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB), and Industrial Commercial (IC) zones according to the following criteria:

a. The helistop is not within one thousand two hundred (1,200) feet of a residential zone;

b. The helistop is located to minimize impacts, such as noise and dust impacts, on lots in residential zones;

c. The lot is of sufficient size that the operations of the helistop and the flight paths of the helicopter are buffered from the surrounding area;

d. Open areas and landing pads are hard-surfaced; and

e. The helistop meets all federal requirements, including those for safety, glide angles and approach lanes.

(Ord. 123046, § 65, 2009; Ord. 122311, § 62, 2006; Ord. 121477 § 23, 2004; Ord. 121145 § 9, 2003; Ord. 120117 § 39, 2000; Ord. 119972 § 6, 2000; Ord. 118794 §§ 39, 40, 1997; Ord. 116907 § 8, 1993; Ord. 116616 § 7, 1993; Ord. 116232 § 1, 1992; Ord. 115135 § 1, 1990; Ord. 115002 § 11, 1990; Ord. 113658 § 4(part), 1987.)

  {/PICK;23-50-014;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-50-014.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

Subchapter III
Development Standards in All Zones

23.50.015 Major Phased Development.

A. An applicant may seek approval of a Major Phased Development, as defined in Section 23.84A.025. A Major Phased Development proposal is subject to the provisions of the zone in which it is located and shall meet the following thresholds:

1. A minimum site size of five (5) acres, where the site is composed of contiguous parcels or contains a right-of-way within;

2. The project, which at time of application shall be a single, functionally interrelated campus, contains more than one building, with a minimum total gross floor area of two hundred thousand (200,000) square feet;

3. The first phase of the development consists of at least one hundred thousand (100,000) square feet in gross building floor area; and

4. At the time of application, the project is consistent with the general character of development anticipated by Land Use Code regulations.

B. A Major Phased Development application shall contain and be submitted, evaluated, and approved according to the following:

1. The application shall contain a level of detail which is sufficient to reasonably assess anticipated impacts, including those associated with a maximum buildout, within the timeframe requested for Master Use Permit extension.

2. A Major Phased Development component shall not be approved unless the Director concludes that anticipated environmental impacts, such as traffic, open space, shadows, construction impacts and air quality, are not significant or can be effectively monitored and conditions imposed to mitigate impacts over the extended life of the permit.

3. Expiration or renewal of a permit for the first phase of a Major Phased Development is subject to the provisions of Chapter 23.76, Master Use Permits and Council Land Use Decisions. The Director shall determine the expiration date of a permit for subsequent phases of the Major Phased Development through the analysis provided for above; such expiration shall be no later than fifteen (15) years from the date of issuance.

C. Changes to the Approved Major Phased Development. When an amendment to an approved project is requested, the Director shall determine whether or not the amendment is minor.

1. A minor amendment meets the following criteria:

a. Substantial compliance with the approved site plan and conditions imposed in the existing Master Use Permit with the Major Phased Development component with no substantial change in the mix of uses and no major departure from the bulk and scale of structures originally proposed; and

b. Compliance with the requirements of the zone in effect at the time of the original Master Use Permit approval; and

c. No significantly greater impact would occur.

2. If the amendment is determined by the Director to be minor, the site plan may be revised and approved as a Type I Master Use Permit. The Master Use Permit expiration date of the original approval shall be retained, and shall not be extended through a minor revision.

3. If the Director determines that the amendment is not minor, the applicant may either continue under the existing MPD approval or may submit a revised MPD application. The revised application shall be a Type II decision. Only the portion of the site affected by the revision shall be subject to regulations in effect on the date of the revised MPD application. The decision may retain or may extend the existing expiration date on the portion of the site affected by the revision.

(Ord. 122311, § 63, 2006; Ord. 120691 § 15, 2001; Ord. 117598 § 2, 1995.)

23.50.016 Landscaping standards on designated streets

Uses located on streets that have been designated on the Industrial Streets Landscaping Plan Map (Map A for 23.50.016), shall provide landscaping as outlined in subsections 23.50.016.A and 23.50.016.B.

A. Street Trees. Street trees are required along designated street frontages. Street trees shall be provided in the planting strip according to Seattle Department of Transportation Tree Planting Standards.

B. Exceptions to Street Tree Requirements.

1. Street trees required by subsection A of this section may be located on the lot at least two feet (2') from the street lot line instead of in the planting strip when:

a. Existing trees and/or landscaping on the lot provide improvements substantially equivalent to those required in this section.

b. It is not feasible to plant street trees according to City standards. A five-foot (5') deep landscaped setback area shall be required along the street property lines and trees shall be planted there. If an on-site landscaped area is already required, the trees shall be planted there if they cannot be placed in the planting strip.

c. Continuity of landscaping on adjacent properties along the street front is desirable.

2. Street trees shall not be required for an expansion of less than two thousand five hundred (2,500) square feet. Two (2) street trees shall be required for each additional one thousand (1,000) square feet of expansion. The maximum number of street trees shall be controlled by Seattle Department of Transportation standard. Rounding, per Section 23.86.002 B, shall not be permitted.

3. Street trees shall not be required when a change of use is the only permit requested.

4. Street trees shall not be required for an expansion of a surface parking area of less than twenty percent (20%) of parking area or number of parking spaces.

C. Screening. All outdoor storage areas used for storage for recyclable materials, and outdoor manufacturing, repairing, refuse compacting or recycling activities, shall provide view-obscuring screening along street lot lines unless the outdoor storage or outdoor activities are located at least 15 feet above or below the elevation of the street lot line. If other provisions applicable to the lot require more extensive landscaping or screening provisions, the more extensive provisions apply.

(Ord. 123589, § 55, 2011; Ord. 121477 § 24, 2004; Ord. 118409 § 192, 1996: Ord. 116744 § 24, 1993; Ord. 115326 § 21, 1990; Ord. 115164 § 3, 1990; Ord. 113658 § 4(part), 1987.)

{/PICK;23-50-016-1;34p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;33p;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for Section 23.50.016 Industrial Streets Landscaping Plan {/GRAPH;23-50-016-1.tif;34p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.50.018 View corridors.

A. On lots which are partially within the Shoreline District, except those on the Duwamish Waterway, a view corridor shall be required for the nonshoreline portion, if the portion of the lot in the Shoreline District is required to provide a view corridor under the Seattle Shoreline Master Program.1

B. The required width of the view corridor or corridors shall be not more than one-half ( 1/2) of the required width of the view corridor required in the adjacent Shoreline District.

C. Measurement, modification or waiving of the view corridor requirement shall be according to the Shoreline District measurement regulations, Chapter 23.60.

(Ord. 113658 § 4(part), 1987.)

1. Editor's Note: Shoreline district provisions are set out at Chapter 23.60 of this Code.

23.50.020 Structure height exceptions and additional restrictions

A. Rooftop Features. Where a height limit applies to a structure, except as provided in subsections 23.50.024.C.4, 23.50.024.D.4, 23.50.024.E.4 and 23.50.024.F.3, the provisions in this subsection 23.50.020.A apply to rooftop features:

1. In all industrial zones, smokestacks, chimneys and flagpoles, and religious symbols for religious institutions are exempt from height limits, except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are a minimum of 10 feet from any side or rear lot line.

2. In all industrial zones, open railings, planters, skylights, clerestories, greenhouses, solariums, parapets and firewalls may extend 4 feet above the applicable height limit with unlimited rooftop coverage.

3. In all industrial zones, solar collectors may extend up to 7 feet above the applicable height limit, with unlimited rooftop coverage.

4. Additional height is permitted for specified rooftop features according to this subsection 23.50.020.A.4.

a. The following rooftop features may extend up to 15 feet above the applicable height limit in all industrial zones, subject to subsection 23.50.020.A.4.c:

1) Solar collectors;

2) Stair and elevator penthouses, except as provided in subsection 23.50.020.A.4.b;

3) Mechanical equipment; and

4) Minor communication utilities and accessory communication devices, except that height is regulated according to Section 23.57.015.

b. In an IC 85-160 zone, elevator penthouses may extend up to 25 feet above the applicable height limit, subject to subsection 23.50.020.A.4.c.

c. The combined total coverage of all features listed in subsections 23.50.020.A.4.a and 23.50.020.A.4.b is limited to 20 percent of the roof area, or 25 percent of the roof area if the total includes screened mechanical equipment.

5. Greenhouses that are dedicated to food production are permitted to extend 15 feet above the applicable height limit if the combined total coverage of all features gaining additional height does not exceed 50 percent of the roof area. Greenhouses allowed under this subsection 23.50.020.A.5 shall be located at least 10 feet from the north edge of the roof unless a shadow diagram is provided that demonstrates that locating such features within 10 feet of the north edge of the roof would not shade property to the north on January 21st at noon more than would a structure built to maximum permitted height and FAR.

6. Within the South Lake Union Urban Center, at the applicant's option, the combined total coverage of all features listed in subsections 23.50.020.A.4 and 23.50.020.A.5 may be increased to 65 percent of the roof area, provided that all of the following are satisfied:

a. All mechanical equipment is screened; and

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

7. Within an IC 85-160 zone, solar collectors and wind-driven power generators may extend up to 15 feet above the applicable height limit, with unlimited rooftop coverage, and are not subject to a coverage limit under subsection 23.50.020.A.4.c.

B. Additional Height Restrictions for Certain Structures in 45 Foot Height Limit Areas. In zones with a 45 foot height limit, except as provided for IC zones in Section 23.50.028, structures with no story at least 15 feet in height are limited to a maximum height of 40 feet.

C. Structures existing prior to October 8, 1987 that exceed the height limit of the zone may add the rooftop features listed as conditioned in subsection 23.50.020.A of this section. The existing roof elevation of the structure is considered the applicable height limit for the purpose of adding rooftop features.

(Ord. 123589, § 56, 2011; Ord. 123378, § 22, 2010; Ord. 122611, § 5, 2007; Ord. 121359 § 4, 2003; Ord. 120928 § 23, 2002; Ord. 120117 § 40, 2000; Ord. 119370 § 13, 1999; Ord. 116596 § 4, 1993; Ord. 116295 § 22, 1992; Ord. 113658 § 4(part), 1987.)

23.50.022 General Industrial 1 and 2– Structure height

A. There shall be no maximum height limit in the General Industrial 1 (IG1) and General Industrial 2 (IG2) zones except for those specific uses listed in subsection B below and except as regulated in the Airport Height Overlay District regulations at Chapter 23.64.

B. Except for the provisions of Section 23.50.020 and of subsection 23.50.022.C, the maximum structure height for any portion of a structure that contains commercial uses other than spectator sports facilities and food processing and craft work uses, whether they are principal or accessory, is 30 feet, 45 feet, 65 feet, or 85 feet, as designated on the Official Land Use Map, Chapter 23.32. (also see Exhibit A for 23.50.022)

C. Covered rooftop recreational space of a building existing as of December 31, 1998, when complying with the provisions of Section 23.50.012 D, shall not be subject to the limits on maximum structure heights contained in subsection B above.

(Ord. 123046, § 42, 2009; Ord. 122311, § 64, 2006; Ord. 119370 § 14, 1999; Ord. 113658 § 4(part), 1987.)

{/PICK;23-50-022;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-50-022.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.50.024 Industrial Buffer– Structure height

A. Except as regulated in Chapter 23.64, Airport Height Overlay District, there is no maximum height limit in the Industrial Buffer (IB) zone other than for those specific uses listed in subsection 23.50.024.B and for those circumstances outlined in subsections 23.50.024.C, 23.50.024.D, 23.50.024.E and 23.50.024.F.

B. Except for the provisions of Section 23.50.020, and except for structures on lots subject to the provisions of subsections C, D, E and F below, the maximum height for any portion of a structure that contains commercial uses other than spectator sports facilities and food processing and craft work uses, whether principal or accessory, shall be thirty (30) feet, forty-five (45) feet, sixty-five (65) feet or eighty-five (85) feet, as designated on the Official Land Use Map, Chapter 23.32.

C. The following height limits shall apply to all uses, in addition to the maximum permitted heights for uses listed in subsection B, on lots directly across a street right-of-way eighty (80) feet or less in width from lots in a Single-family, Lowrise 1, Lowrise 2, or Lowrise 3 zone:

1. All structures shall be set back five (5) feet from the street lot line opposite lots zoned Single-family, Lowrise 1, Lowrise 2, or Lowrise 3. A maximum height of twenty-six (26) feet shall be permitted at the setback line.

2. Beginning at the five (5) foot setback line and continuing for thirty-five (35) feet, permitted height shall increase at a forty-five (45) degree angle from the twenty-six (26) foot height allowed at the setback line. (See Exhibit 23.50.024 A.)

3. The height permitted beyond forty (40) feet from the street lot line shall be the same as the maximum height designated on the Official Land Use Map.

4. Exceptions for rooftop features, Section 23.50.020 A, shall not apply in the area within forty (40) feet of the street lot line.

D. The following height limits shall apply to all lots directly across an alley from lots in a Single-family, Lowrise 1, Lowrise 2, or Lowrise 3 zone:

1. A maximum height of twenty-six (26) feet shall be permitted on alley lot lines.

2. For the area within forty (40) feet of the lot line, permitted height shall increase at a forty-five (45) degree angle from the twenty-six (26) foot height allowed at the alley lot line. (See Exhibit 23.50.024 B.)

3. The height permitted beyond forty (40) feet from the alley lot line shall be the same as the maximum height designated on the Official Land Use Map.

4. Exceptions for rooftop features, Section 23.50.020 A, shall not apply for the area within forty (40) feet of the alley lot line.

E. The following height limits shall apply to all lots abutting a lot in a Single-family, Lowrise 1, Lowrise 2, or Lowrise 3 zone:

1. A maximum height of eighteen (18) feet shall be permitted on abutting lot lines.

2. For the area within forty (40) feet of the lot line, permitted height shall increase at a forty-five (45) degree angle from the eighteen (18) foot height allowed at the abutting lot line. (See Exhibit 23.50.024 C.)

3. The height permitted beyond forty (40) feet from the abutting lot line shall be the same as the maximum height designated on the Official Land Use Map.

4. Exceptions for rooftop features, Section 23.50.020 A, shall not apply in the area within forty (40) feet of the abutting lot line.

F. The following height limit shall apply to lots which abut a lot in a Midrise, Highrise, or Commercial zone:

1. A maximum height of forty (40) feet shall apply for a depth of twenty (20) feet along the abutting lot lines. (See Exhibit 23.50.024 D.)

2. The height permitted beyond twenty (20) feet from the abutting lot lines shall be the same as the maximum height designated on the Official Land Use Map.

3. Exceptions for rooftop features, Section 23.50.020 A, shall not apply in the area within twenty (20) feet of the abutting lot line.

(Ord. 123649, § 32, 2011; Ord. 122311, § 65, 2006; Ord. 121278 § 4, 2003; Ord. 113658 § 4(part), 1987.) {/PICK;23-50-024-1;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-50-024-1.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior}\. {/PICK;23-50-024-2;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-50-024-2.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.50.024B\. {/PICK;23-50-024-3;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-50-024-3.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.50.024C\. {/PICK;23-50-024-4;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-50-024-4.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.50.024D\.

23.50.026 Structure height in IC zones

A. Except as may be otherwise provided in this Title 23, the maximum structure height in IC zones for all uses is as designated on the Official Land Use Map, Chapter 23.32. Maximum structure height may be increased or reduced as provided in this Section 23.50.026 or Section 23.50.020. An overlay district may increase or reduce the maximum structure height.

B. Water-dependent uses within the Shoreline District are subject to only the height limits of the applicable shoreline environment, Chapter 23.60.

C. Within the area shown on Exhibit 23.50.026 A, areas zoned IC 45 are subject to the following height regulations (See Exhibit 23.50.026 A):

1. Except as provided in subsection 23.50.026.C.2.c, structures with no story at least 15 feet in height are limited to a maximum height of 40 feet.

2. A 65 foot structure height is permitted as a special exception provided that:

a. Provision is made for view corridor(s) looking from Elliott Avenue toward Puget Sound;

1) The location of the view corridor(s) shall be determined by the Director upon consideration of such factors as existing view corridors, the location of street rights-of-way, and the configuration of the lot,

2) The view corridor(s) shall have a width not less than 35 percent of the width of the lot,

3) The minimum width of each required view corridor shall be 30 feet measured at Elliott Avenue West,

4) Measurement, modification or waiver of the view corridor(s) shall be according to the Seattle Shoreline Master Program measurement regulations, Chapter 23.60. Where a waiver under these provisions is granted by the Director, the 65 foot structure height shall still be permitted,

5) Parking for motor vehicles shall not be located in the view corridor unless the area of the lot where the parking would be located is 4 or more feet below the level of Elliott Avenue West;

b. Development shall be located so as to maximize opportunities for views of Puget Sound for residents and the general public; and

c. The structure contains at least two stories at least 15 feet in height; with the exception that no story in an accessory parking structure is required to be at least 15 feet in height.

D. Within the South Lake Union Urban Center:

1. The maximum structure height in IC zones with 65 foot and 85 foot height limits may be increased to 85 feet and 105 feet, respectively, provided that:

a. A minimum of two stories in the structure have a floor to floor height of at least 14 feet; and

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

c. The additional height permitted does not allow more than six stories in IC zones with a 65 foot height limit, or more than seven stories in IC zones with an 85 foot height limit.

2. The maximum structure height of structures qualifying for additional floor area under Section 23.50.051 is 160 feet.

E. Within an IC 85-160 zone, the first figure shown in the zone designation is the base height limit, which is the height limit for all uses, except for a structure that complies with the conditions to extra floor area specified in subsections 23.50.028 and 23.50.033 on a lot that includes extra floor area. Extra floor area means non-residential chargeable floor area allowed in addition to the base FAR under Chapter 23.58A. The second figure is the applicable height limit for all uses, on a lot that includes extra floor area, for a structure that complies with the conditions to extra floor area specified in subsections 23.50.028 and 23.50.033.

(Ord. 123589, § 57, 2011; Ord. 122611, § 6, 2007; Ord. 121359 § 5, 2003; Ord. 121278 § 5, 2003; Ord. 120609 § 12, 2001; Ord. 119972 § 7, 2000; Ord. 113658 § 4(part), 1987.)

  {/PICK;23-50-026;full;comptd;block;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-50-026.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;none;prior}\.

23.50.027 Maximum Size of Nonindustrial Use

A. Applicability.

1. Except as otherwise provided in this Section 23.50.027, the maximum size of use limits on gross floor area specified in Table A for 23.50.027 apply to principal uses on a lot, and apply separately to the categories of uses. The total gross floor area occupied by uses limited under Table A for 23.50.027 shall not exceed 2.5 times the area of the lot in an IG1, IG2, IB or IC zone, or three times the lot area in IC zones with 65-foot or 85-foot height limits in the South Lake Union Urban Center.

2. The combined square footage of any one business establishment located on more than one lot is subject to the size limitations on non-industrial uses specified on Table A for 23.50.027.

3. The maximum size of use limits in Table A for 23.50.027 do not apply to the area identified in Exhibit 23.50.027A. In that area no single non-office use listed in Table A for 23.50.027 may exceed 50,000 square feet in size.

4. There is no limit under this Section 23.50.027 on the size of uses in projects that qualify for additional floor area under Section 23.50.051.

Table A for 23.50.027 Size of Use Limits in Industrial Zones
Uses Subject to Size LimitsIG1IG2IBIC Outside the Duwamish MICIC Within the Duwamish MIC
Animal Shelters and Kennels*10,000 sq. ft.10,000 sq. ft.75,000 sq. ft.75,000 sq. ft.N.S.L., except 75,000 sq. ft. in IC 85-160 zone
Drinking establishments**3,000 sq. ft.3,000 sq. ft.N.S.L.N.S.L.N.S.L.
Entertainment*10,000 sq. ft.10,000 sq. ft.75,000 sq. ft.75,000 sq. ft.N.S.L., except 75,000 sq. ft. in IC 85-160 zone
Lodging Uses*10,000 sq. ft.10,000 sq. ft.75,000 sq. ft.75,000 sq. ft.N.S.L., except 75,000 sq. ft. in IC 85-160 zone
Medical Services*10,000 sq. ft.10,000 sq. ft.75,000 sq. ft.75,000 sq. ft.N.S.L., except 75,000 sq. ft. in IC 85-160 zone
Office10,000 sq. ft.25,000 sq. ft.100,000 sq. ft.N.S.L.N.S.L.
Restaurants5,000 sq. ft.5,000 sq. ft.N.S.L.N.S.L.N.S.L.
Retail Sales, Major Durables10,000 sq. ft.25,000 sq. ft.75,000 sq. ft.75,000 sq. ft.N.S.L., except 30,000 sq. ft. in IC 85-160 zone
Sales and Services, Automotive10,000 sq. ft.25,000 sq. ft.75,000 sq. ft.75,000 sq. ft.N.S.L.
Sales and Services, General10,000 sq. ft.25,000 sq. ft.75,000 sq. ft.75,000 sq. ft.N.S.L., except 30,000 sq. ft. in IC 85-160 zone
Key for Table A for 23.50.027 N.S.L. = No Size Limit * Where permitted under Table A for 23.50.012. ** The size limit for brew pubs applies to that portion of the pub that is not used for brewing purposes.

B. The following exceptions to the size limitations in Table A for 23.50.027 are allowed for a structure existing as of September 26, 2007:

1. A use legally established as of September 26, 2007 that already exceeds the size limitations listed in Table A for 23.50.027 may continue.

2. Subject to the limitations in subsection 23.50.027.E, the gross floor area of a use listed in Table A for 23.50.027 and legally established as of September 26, 2007 may be converted to another category of use listed in Table A for 23.50.027 provided that the combined gross floor area devoted to uses listed in Table A for 23.50.027 does not exceed the total gross floor area of such uses legally established as of September 26, 2007.

3. If 50 percent or more of the gross floor area of the structure has been legally established as of September 26, 2007 with a use or uses listed in Table A for 23.50.027, those categories of uses may exceed the size of use limits as follows:

a. Uses listed in Table A for 23.50.027 may expand within and occupy the entire structure.

b. The structure may be expanded by up to the following amounts and the use or uses may be permitted to expand within and occupy the entire structure:

1) IG1 and IG2 Zones: 20 percent of the existing structure's gross floor area or 10,000 square feet, whichever is less;

2) IB and IC Zones: 20 percent of the existing structure's gross floor area or 20,000 square feet, whichever is less.

C. Special Exceptions for Office Use.

1. Office Uses that are not Public Facilities Operated for Public Purposes by Units or Instrumentalities of Special or General Purpose Government or the City.

a. The Director may permit an office use to exceed the size of use limits as a special exception pursuant to Chapter 23.76, Master Use Permits and Council Land Use Decisions, provided that the total gross floor area devoted to the uses limited in Table A for 23.50.027 shall not exceed an area equal to the area of the lot in an IG1 zone or 2.5 times the area of the lot in an IG2 or IB zone, and either the office is on the same lot as, and accessory to, a permitted use not listed in Table A for 23.50.027; or the office is a principal use on the same or another lot within 1 mile distance of a permitted use not listed in Table A for 23.50.027 and is directly related to and supportive of that use.

b. The Director shall use the following characteristics to determine whether to approve, approve with conditions or deny a special exception:

1) Characteristics that make a lot more appropriate for office uses are:

a) The presence of well-defined boundaries, buffers, edge conditions or circulation patterns that separate office uses from industrial activity;

b) The likelihood that the proposed use will provide or encourage improvements that will directly support industrial activity in the area;

c) The likelihood that the proposed use, because of its type, size and location, will operate without substantial conflicts with the industrial function of the area;

d) A sufficiently large industrial area such that the proposed use would not undermine the area's industrial character.

2) Characteristics that make a lot less appropriate for office uses are:

a) The presence of heavy industrial uses that would conflict with office use;

b) The presence of any special features, such as access to the water, rail and the regional highway systems, that make the land especially well-suited to industrial use.

2. Office Uses in Public Facilities Operated for Public Purposes by Units or Instrumentalities of Special or General Purpose Government or the City in IG1 Zones. The Director may permit office uses in existing vacant structures that were and are to be used as public facilities operated for public purposes by units or instrumentalities of special or general purpose government or the City on lots zoned IG1 to exceed the size limits referenced in Table A for 23.50.027 as a special exception pursuant to Chapter 23.76, Master Use Permits and Council Land Use Decisions, under the following circumstances:

a. Eligible Sites. To be eligible to apply for this exception the lot must meet the following criteria:

1) The lot and its structures are owned by a unit or instrumentality of special or general purpose government or the City and must have been owned by a unit or instrumentality of special or general purpose government or the City on January 1, 2000;

2) The lot is at least 500,000 square feet;

3) The lot contains existing structures with a total gross floor area of at least 300,000 square feet that were at least 50 percent vacant continuously since September 1, 1997; and

4) The lot and the existing structures on the lot must have functioned most recently as a public facility operated for a public purpose by a unit or instrumentality of special or general purpose government or the City, and

a) The previous public facility must have had at least ten percent of its gross floor area functioning as accessory or principal offices; and

b) The previous public facility must have had at least 25 percent of its gross floor area functioning as one or more of the following uses or categories of uses:

i. Warehouse,

ii. Light, general or heavy manufacturing,

iii. Food processing or craft work,

iv. Transportation facilities,

v. Salvage and recycling, or

vi. Utilities other than solid waste landfills.

b. Development Standards. The proposed public facility must meet the following development standards in order for a special exception to be approved:

1) The existing structure or structures will remain on the lot and will be reused for the proposed public facility, except that demolition of up to 20 percent of the gross floor area of the existing structures and/or an addition of up to 20 percent of the gross floor area of the existing structures is allowed;

2) The total gross floor area to be devoted to office use in the proposed public facility will not exceed the lesser of 55 percent of the gross floor area of the existing structures on the lot or an area equal to the area of the lot; and

3) At least 25 percent of the gross floor area of the structures in the proposed public facility must include one or more of the following uses or categories of uses:

a) Warehouse;

b) Light, general or heavy manufacturing;

c) Food processing or craft work;

d) Transportation facilities;

e) Salvage or recycling; or

f) Utilities other than solid waste landfills.

D. Covered rooftop recreational space of a building existing as of December 31, 1998, if complying with subsection 23.50.012.D, is not subject to the limits on maximum size of nonindustrial uses contained in subsection 23.50.027.A.

E. Special Exception to Maximum Sizes for General Sales and Service Use.

1. Subject to the procedures set forth in Chapter 23.76, Master Use Permits and Council Land Use Decisions, a general sales and service use within the Duwamish Manufacturing/Industrial Center that satisfies the criteria in this subsection 23.50.027.E may obtain a special exception to expand its gross floor area by a maximum of 30 percent above the gross floor area being used for general sales and service use as of October 1, 2003. The expansion in gross floor area may occur one time only, either by addition to the existing building or by construction of a replacement building, in which case the gross floor area of the portion of the replacement building to be used for general sales and service use must not exceed the gross floor area of the old building that was used for general sales and service use as of October 1, 2003, plus 30 percent of that gross floor area.

2. To be eligible for this special exception an applicant must demonstrate to the Director's satisfaction that:

a. The general sales and service use was established on a lot on or before January 1, 1985, the use has continued as an established general sales and service use since that date without interruption, and it exceeded the size of use limits in Table A for 23.50.027 as of September 12, 2007;

b. At least 50 percent of the gross sales of the general sales and service use are to businesses or business representatives; and

c. The use has not previously converted any use listed in Table A for 23.50.027 to general sales and service pursuant to subsection 23.50.027.B.2 or expanded the gross floor area of the general sales and service use pursuant to subsections 23.50.027.B.3.a or 23.50.027.B.3.b.

3. The Director shall consider the following and may impose conditions to assure that these criteria are met:

a. That well-defined boundaries, buffers, edge conditions or circulation patterns will separate the use, if the gross floor area of the general sales and service use is expanded, from surrounding industrial activity;

b. That adverse impacts on nearby industrial uses are minimized; and

c. That the proposed expansion of the gross floor area of the general sales and service use will increase the capacity of the existing use to support other businesses by providing goods and services that are used by such businesses as well as by individual consumers in the Duwamish Manufacturing/Industrial Center.

4. To be eligible for expansion onto a contiguous lot that is not separated by a street, alley or other right-of-way, the applicant also must demonstrate that:

a. The established use on the contiguous lot is a use that is permitted in commercial as well as industrial zones, and that use has been established for at least ten years prior to the date of application; and

b. The most recent business establishment on the contiguous lot has ceased operations or moved to another location for reasons unrelated to the proposed expansion of the general sales and service use that is applying for the special exception.

5. Any general sales and service use that has expanded its gross floor area pursuant to a special exception granted pursuant to this Section 23.50.027 may not thereafter convert any use listed in Table A for 23.50.027 to retail pursuant to subsection 23.50.027.B.2 or expand the gross floor area of the general sales and service use pursuant to subsections 23.50.027.B.3.a or 23.50.027.B.3.b.

F. Special Exception to Size-of-Use Limits for Reuse of Certain Buildings.

1. Special Exception to Size-of-Use Limits. If a building meets all of the conditions in subsection 23.50.027.F.2, then pursuant to the procedures in Chapter 23.76, the Director may grant a special exception to the size limits in Table A for 23.50.027 for one or more uses in that building and any other buildings on the lot, based upon the criteria in subsection 23.50.027.F.3.

2. Eligible Buildings. To be eligible for the special exception, the building shall meet the following conditions:

a. The building is located within the following boundaries: north of Lander St., west of Interstate 5, south of Royal Brougham Way, and east of State Route 99;

b. The building has a minimum of five stories that are entirely or partially above grade;

c. The building was built and occupied prior to January 1, 2009; and

d. The lot on which the building is located is at least 0.5 mile from any other lot where a special exception under this subsection 23.50.027.F has been granted.

3. Special Exception Criteria. The Director may grant the special exception when all of the following are met:

a. At least 75 percent of the building that is eligible under subsection 23.50.027.F.2, existing as of January 1, 2009, remains intact after reuse, except to the extent structural alterations are necessary to comply with other applicable codes;

b. The proposed use will not directly or indirectly lead to changes in traffic volumes, traffic patterns or right-of-way improvements that would interfere with adjacent industrial uses, such as by impeding freight access and freight movement; and

c. The proposed use will not contribute to a pattern or density of non-industrial uses to an extent that will conflict with the viability of industrial uses or development on adjacent industrially zoned property.

4. Exception in Addition to Size of Use Limits. Unless the Director expressly specifies otherwise, any space allowed to be occupied under this special exception is in addition to the amounts allowed by the size of use limits in Table A for 23.50.027 that otherwise apply to a lot or business establishment.

5. Conditioning Authority. The Director may impose conditions to assure that criteria for the special exception are satisfied and to mitigate any impacts that may result from granting the special exception.

G. Rooftop Recreational Space in IG1 and IG2 Zones. Rooftop recreational space in IG1 and IG2 zones accessory to office use and meeting the standards of subsection 23.50.012.D is not subject to the limits on maximum size of nonindustrial uses.

(Ord. 123589, § 58, 2011; Ord. 123266, § 1, 2010; Ord. 123046, § 65, 2009; Ord. 122714, § 1, 2008; Ord. 122611, §§ 7, 17, 2007; Ord. 122601, § 1, 2007; Ord. 121281 § 1, 2003; Ord. 121145 § 10, 2003; Ord. 120155 § 2, 2000; Ord. 119972 § 8, 2000: Ord. 119370 § 15, 1999; Ord. 117570 § 17, 1995; Ord. 117430 § 77, 1994.)

{/PICK;23-50-027;37p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-50-027.tif;37p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.50.028 Floor area limits

The applicable floor area ratio (FAR), as provided below, determines the permitted chargeable floor area on a lot, except as expressly otherwise provided.

A. General Industrial 1 and General Industrial 2, Floor Area Ratio. The maximum FAR in IG1 and IG2 zones is 2.5.

B. Industrial Buffer, Floor Area Ratio. The maximum FAR in IB zones is 2.5.

C. Industrial Commercial, Floor Area Ratio. The base and maximum FARs in IC zones are set forth on Table A for 23.50.028

Table A for 23.50.028 Floor Area Ratios
Zone DesignationBase FARMaximum FAR
All IC zones except as otherwise stated in this table2.52.5
IC 65 and IC 85 zones within the South Lake Union Urban Center, except in the area designated in Exhibit 23.50.051A33
IC 65 and IC 85 zones within the portion of the South Lake Union Urban Center designated in Exhibit 23.50.051A371
IC 65 and IC 85 zones within the Stadium Transition Area Overlay District33
IC 85-160 zone2.5 FAR for all permitted uses, except that the combined chargeable floor area of the following uses is limited to 1 FAR or 50,000 square feet, whichever is greater: entertainment uses; lodging uses; medical services; office; restaurant; major durables retail sales; automotive sales and services; religious facilities; and general sales and services3.51 except that if the total chargeable floor area of uses identified in the base FAR column is greater than 3.5 FAR, that amount of floor area, not to exceed 50,000 square feet, is the maximum FAR.
Footnotes to Table A for 23.50.028 1 Additional floor area above the base FAR allowed according to subsection 23.50.028.D

D. Extra floor area.

1. Within a portion of the South Lake Union Urban Center designated in Exhibit 23.50.051A, extra floor area above 3 FAR is allowed pursuant to Section 23.50.051.

2. In an IC 85-160 zone, extra nonresidential floor area as defined in Section 23.58A.004 may be added above the base FAR up to the maximum FAR allowed by Table A for 23.50.028 for development that satisfies all applicable conditions of Section 23.50.028, Section 23.50.033 and Chapter 23.58A.

a. Twenty-five percent of any extra nonresidential floor area shall be gained through the transfer of development rights pursuant to subsection 23.50.053.

b. Seventy-five percent of any extra nonresidential floor area shall be gained as bonus nonresidential floor area pursuant to Section 23.58A.024, or through the transfer of housing TDR under Section 23.50.053, or both.

3. In an IC 85-160 zone in addition to satisfying the conditions of subsection 23.50.028.D.2, for development to exceed the base FAR on a lot that has an area of 50,000 square feet or more, the Director shall make an individual determination of project impacts on the need for pedestrian facilities and complete a voluntary agreement between the property owner and the City to mitigate identified impacts, if any. The Director may consider the following as impact mitigation:

a. Pedestrian walkways on a lot, including through-block connections on through lots, where appropriate, to facilitate pedestrian circulation by connecting structures to each other and abutting streets;

b. Sidewalk improvements, including sidewalk widening, to accommodate increased pedestrian volumes and streetscape improvements that will enhance pedestrian comfort and safety; and

c. Measures that will contribute to the improvement of pedestrian facilities, such as the following improvements applicable to the vicinity north of South Royal Brougham Way and south of South Charles Street east of 4th Avenue South:

1) Improvements to 6th Avenue South as the primary pedestrian and bicycle corridor connecting new development to the surrounding area and transit facilities;

2) Improvements to facilitate pedestrian wayfinding to and from the Stadium Light Rail Station;

3) Improvements to enhance the pedestrian environment, such as providing overhead weather protection, landscaping, and other streetscape improvements; and

4) Improved pedestrian and bicycle crossing of Airport Way South at 6th Avenue South.

4. In an IC 85-160 zone, in addition to satisfying the conditions of subsections 23.50.028.D.2, and 23.50.028.D.3 if applicable, for development to exceed the base FAR and include 85,000 or more square feet of gross office floor area, the Director shall make an individual determination of project impacts on the need for open space resources. The Director may limit floor area or allow floor area subject to conditions, which may include a voluntary agreement between the property owner and the City to mitigate identified impacts, if any. The Director shall take into account the findings of subsection 23.49.016.A in assessing the demand for open space generated by a typical office project in an area permitting high employment densities.

a. The Director may consider the following as mitigation for open space impacts:

1) Open space provided on-site or off-site, consistent with the provisions in subsection 23.49.016.C, or provided through payment in lieu, consistent with subsection 23.49.016.D, except that in all cases the open space shall be located on a lot in an IC 85-160 zone that is accessible to the project occupants, and

2) Additional pedestrian space through on-site improvements or streetscape improvements provided as mitigation for project impacts on pedestrian facilities pursuant to subsection 23.50.028.D.3.

b. The Director may determine that open space meeting standards differing from those contained or referred to in subsection 23.49.016.C will mitigate project impacts, based on consideration of relevant factors, including the following:

1) the density or other characteristics of the workers anticipated to occupy the project compared to the presumed office employment population providing the basis for the open space standards applicable under Section 23.49.016; and/or

2) characteristics or features of the project that mitigate the anticipated open space impacts of workers or others using or occupying the project.

E. Exemptions from FAR Calculations.

1. The following areas are exempt from FAR calculations in all industrial zones:

a. All gross floor area below grade;

b. All gross floor area used for accessory parking, except as provided in subsection 23.50.028.F;

c. All gross floor area located on the rooftop of a structure and used for any of the following: mechanical equipment, stair and elevator penthouses, and communication equipment and antennas; and

d. All gross floor area used for covered rooftop recreational space of a building existing as of December 31, 1998 in an IG1 or IG2 zone, if complying with subsection 23.50.012.D.

2. In addition to areas exempt from FAR calculations in subsection 23.50.028.E.1, within the South Lake Union Urban Center, the following areas are also exempt from FAR calculations:

a. Gross floor area occupied by mechanical equipment, up to a maximum of 15 percent of the floor area on the lot. The maximum is calculated on the gross floor area of the structure after all other exempt space permitted under this subsection 23.50.028.E is deducted.

b. The following uses located at street level:

1) General sales and service uses;

2) Eating and drinking establishments;

3) Entertainment uses;

4) Public libraries; and

5) Religious facilities.

3. In addition to areas exempt from FAR calculations in subsection 23.50.028.E.1, within an IC 85-160 zone, the following exemptions from FAR calculations apply:

a. Three and one-half percent of the total chargeable gross floor area in a structure, as an allowance for mechanical equipment. Calculation of the allowance is based on the remaining gross floor area after all other exempt space permitted in subsection 23.50.028.E is deducted.

b. For structures built prior to the effective date of this ordinance (introduced as Council Bill 117140), the area covered by new or replacement mechanical equipment placed on the roof.

c. All gross floor area for solar collectors and wind-driven power generators.

d. The gross floor area of the following uses located at street level, provided that the conditions of Section 23.50.039 are satisfied:

1) General sales and service uses;

2) Eating and drinking establishments;

3) Entertainment use;

4) Public libraries;

5) Childcare facilities;

6) Religious facilities; and

7) Automotive sales and service.

4. In addition to areas exempt from FAR calculations in subsection 23.50.028.E.1, within IG1 and IG2 zones, the gross floor area of rooftop recreational space accessory to office use meeting the standards of subsection 23.50.012.D is exempt from FAR calculations.

F. Within the South Lake Union Urban Center and IC 85-160 zones, gross floor area used for accessory parking within stories that are completely above finished grade is not exempt, except that in an IC 85-160 zone, if the Director finds, as a Type I decision, that locating all parking below grade is infeasible due to physical site conditions such as a high water table, contaminated soils conditions, or proximity to a tunnel, and that the applicant has placed or will place the maximum feasible amount of parking below or partially below grade, the Director may exempt all or a portion of accessory parking that is above finished grade. If any exemption is allowed under this subsection 23.50.028.F, all parking provided above grade shall be subject to the screening requirements of subsection 23.50.038.B.6.

G. Election for Certain Projects. Anything in Section 23.76.026 notwithstanding, the applicant for a Master Use Permit for a project in the South Lake Union Urban Center to which the Land Use Code in effect prior to January 20, 2008 applies may, by written election, use the exemptions in subsection 23.50.028.E.2.b, provided that subsection 23.50.028.F also applies.

H. Mechanical Equipment. Area covered by mechanical equipment located on the roof of a structure, whether enclosed or not, is included as part of the calculation of floor area, unless expressly exempted by an applicable provision of this Section 23.50.028.

(Ord. 123589, § 59, 2011; Ord. 122611, §§ 8, 18, 2007; Ord. 122601, § 2, 2007; Ord. 121828 § 7, 2005; Ord. 121359 § 6, 2003; Ord. 121278 § 6, 2003; Ord. 119370 § 16, 1999; Ord. 117430 § 78, 1994; Ord. 113658 § 4(part), 1987.)

23.50.029 General Industrial 1 and 2– Setback requirements.

A setback may be required in order to meet the provisions of Section 23.53.020, Improvement requirements for existing streets in industrial zones, and Section 23.53.030, Alley improvements in all zones.

(Ord. 121476 § 12, 2004; Ord. 115326 § 22, 1990.)

23.50.030 Industrial Buffer– Setback requirements.

A. Setbacks shall be required in the Industrial Buffer (IB) zone according to the provisions of subsections B, C and D of this section. All required setbacks shall be landscaped according to the provisions of Section 23.50.036.

B. A five (5) foot setback shall be required from all street lot lines which are across a street right-of-way eighty (80) feet or less in width from a lot in a Single-family, Lowrise 1, Lowrise 2 or Lowrise 3 zone.

C. When across a street right-of-way eighty (80) feet or less in width from a lot in a Midrise, Highrise or Residential Commercial zone, or across an alley from a lot in any residential zone, the following uses shall be required to provide a five (5) foot setback from the street or alley lot line:

1. Surface parking areas for more than five (5) vehicles;

2. Parking structures unless enclosed by a solid wall;

3. Outdoor loading berths;

4. Outdoor recycling collection stations; and

5. Outdoor storage, except when the elevation of the outdoor storage area is at least fifteen (15) feet above the residential property.

D. The following uses or structures shall be set back five (5) feet from any lot line abutting a residentially zoned lot:

1. Surface parking areas for more than five (5) vehicles;

2. Parking structures unless enclosed by a solid wall; and

3. Drive-in businesses.

E. The following outdoor activities shall be set back fifteen (15) feet from all lot lines abutting a residentially zoned lot:

1. Outdoor recycling collection stations;

2. Outdoor loading berths; and

3. Outdoor storage.

F. Any outdoor manufacturing, repairing, refuse compacting or recycling activity shall be set back fifty (50) feet from any lot in a residential zone.

G. No entrance, window, or other opening shall be closer than five (5) feet to any abutting residentially zoned lot, except when:

1. Windows are of translucent glass; or

2. Windows are perpendicular to the lot line; or

3. View-obscuring screening is provided between the window and abutting residentially zoned lot.

H. A setback may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones, and Section 23.53.030, Alley improvements in all zones.

(Ord. 115326 § 23, 1990; Ord. 113658 § 4(part), 1987.)

23.50.032 Industrial Commercial– Setback requirements.

A. Setbacks From Residential Zones.

1. A setback shall be required on lots which abut the intersection of a side and front lot line of a residentially zoned lot. The required setback shall be a triangular area. Two (2) sides of the triangle shall extend fifteen (15) feet from the intersection of the street property line and the property line abutting the residentially zoned lot. The third side shall connect these two (2) sides with a diagonal line across the lot. (See Exhibits 23.50.032 A and 23.50.032 B).

2. A setback shall be required along any lot line which abuts a side or rear lot line of a residentially zoned lot, or which is across an alley from a residentially zoned lot as follows:

a. Zero (0) feet for portions of structures twelve (12) feet in height or lower; and

b. Ten (10) feet for portions of structures above twelve (12) feet in height to a maximum of sixty-five (65) feet; and

c. For portions of structures above sixty-five (65) feet in height, an additional one (1) foot of setback shall be required for every ten (10) feet in excess of sixty-five (65) feet, (see Exhibit 23.50.032 B).

3. Half ( 1/2) of an alley width may be counted as part of the required setback.

B. No entrance, window or other opening shall be permitted closer than five (5) feet to a residentially zoned lot.

C. A five (5) foot setback shall be required from all street property lines where street trees are required and it is not feasible to plant them in accordance with City standards. The setback shall be landscaped according to Section 23.50.038, Screening and landscaping standards.

D. A setback may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones, and Section 23.53.030, Alley improvements in all zones.

(Ord. 121476 § 13, 2004; Ord. 115326 § 24, 1990; Ord. 113658 § 4(part), 1987.) {/PICK;23-50-032;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-50-032.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibits 23.50.032A, 23.50.032B\.

23.50.033 Conditions for extra floor area in an IC 85-160 zone

A. General. Projects in an IC 85-160 zone may add chargeable floor area above the base FAR up to the applicable maximum FAR in Section 23.50.028 if Sections 23.58A.022 and 23.58A.024 for extra nonresidential floor area and all the applicable conditions of this Chapter 23.50 are satisfied. The provisions of this Section 23.50.033 apply to lots in an IC 85-160 zone, and only to development exceeding the base FAR.

B. LEED requirement. The applicant shall make a commitment acceptable to the Director that the proposed development will earn a LEED Silver rating or meet a substantially equivalent standard, and shall demonstrate compliance with that commitment, all in accordance with Section 23.49.020.

C. Quantity of parking, ridesharing and transit incentive program requirements. Maximum parking limits, ridesharing and transit incentive program requirements for nonresidential uses established for Downtown zones in subsections 23.49.019.C and 23.49.019.D apply, and requirements for bicycle parking established in subsection 23.49.019.E apply.

D. Seattle Green Factor Landscaping Requirement. Development shall achieve a minimum Green Factor score of .30, calculated pursuant to Section 23.86.019.

(Ord. 123589, § 60, 2011.)

23.50.034 Screening and landscaping

The following types of screening and landscaping may be required according to the provisions of Sections 23.50.036, 23.50.038, and 23.50.040:

A. Three-foot (3') High Screening. Three-foot (3') high screening may be either:

1. A fence or wall at least three feet (3') in height; or

2. A hedge or landscaped berm at least three feet (3') in height.

B. View-obscuring Screening. View-obscuring screening may be either:

1. A fence or wall six feet (6') in height; or

2. A landscaped berm at least five feet (5') in height; or

3. A hedge which would achieve a height of at least five feet (5') within three (3) years of planting; or

4. Any combination of the features listed above which achieves a height of at least five feet (5') within three (3) years of planting.

C. Landscaped Areas and Berms. Each area or berm required to be landscaped shall be planted with trees, shrubs and grass, or evergreen ground cover, in a manner that the total required setback, excluding driveways, will be covered in three (3) years. Features such as walkways, decorative paving, sculptures, or fountains may cover a maximum of thirty percent (30%) of each required landscaped area or berm.

D. Street Trees. When required by this Code, street trees shall be provided in the planting strip according to Seattle Department of Transportation Tree Planting Standards. If it is not feasible to plant street trees in the planting strip according to City standards, they shall be planted in the five-foot (5') deep landscaped setback area along the street property line. Trees planted in this setback area shall be at least two feet (2') from the street lot line.

E. Combinations of Screening and Landscaping Requirements.

1. When there is more than one (1) type of use which requires screening or landscaping, the requirement which results in the greater amount of screening and landscaping shall be followed.

2. Different types of screening or landscaping may be combined on one (1) lot.

F. Landscaping meeting Seattle Green Factor standards, pursuant to Section 23.86.019.

(Ord. 123547, § 7, 2011; Ord. 121477 § 25, 2004; Ord. 118409 § 193, 1996: Ord. 117644 § 25, 1993; Ord. 113658 § 4(part), 1987.)

23.50.036 Industrial Buffer– Screening and landscaping

A. Screening and Landscaping Requirements for All Uses.

1. Street Trees.

a. All uses which are directly across a street eighty feet (80') or less in width from a lot in a residential or commercial zone shall provide street trees.

b. If it is not feasible to plant street trees in the planting strip, then they shall be provided in the required five-foot (5') deep landscaped area along the street property line.

2. Rooftop Screening.

a. Heating, ventilating, air conditioning or other wall or rooftop mechanical equipment shall be located and directed away from adjacent residential property.

b. Screening shall be provided and shall be of a design and material which is compatible with the structure and shall be as high as the equipment to be screened and shall completely surround the equipment.

B. Screening and Landscaping Requirements for Uses Abutting or Across an Alley From a Lot in a Residential Zone.

1. Surface parking areas, off-street loading areas, parking structures, drive-in businesses, gas stations, outdoor sales or storage and outdoor activities, shall provide screening and landscaping as provided in subsection D of this section, screening and landscaping requirements for specific uses.

2. Uses which abut or are across an alley from a lot in a residential zone shall provide view-obscuring screening along the abutting or alley lot line, except as modified by subsection B3 below.

3. When the structure facade is located five feet (5') or less from the lot line, landscaping may be provided in the area between the facade and the lot line as an alternative to view-obscuring screening. This landscaping shall be either:

a. Trellises and vining plants attached to the facade up to a minimum height of ten feet (10'); or

b. A landscaped area meeting the provisions of subsection C of Section 23.50.034.

C. Screening and Landscaping Requirements for Uses Directly Across a Street Eighty Feet (80') or Less in Width From Lots in a Residential Zone.

1. A view-obscuring fence or solid wall screen greater than six feet (6') in height and less than three feet (3') from the lot line shall be screened by trellises and vining plants attached to the wall up to a minimum height of ten feet (10').

2. Some specific uses are required to provide additional screening, landscaping and setbacks as regulated in subsection D of this section.

D. Screening, Landscaping and Setback Requirements for Specific Uses.

1. Surface parking areas for more than five (5) vehicles.

a. When a surface parking area abuts a lot in an NC1, NC2, NC3 or C1 zone, view-obscuring screening along the abutting lot lines shall be provided.

b. When a surface parking area is across an alley from a lot in a residential zone, view-obscuring screening shall be required. A five-foot (5') deep landscaped area shall be required inside the screening. The Director may reduce or waive the screening and landscaping requirement for all or a part of the lot abutting the alley, or may waive only the landscaping requirement, when required parking can only be provided at the rear lot line and the alley is necessary to provide aisle space. In making the determination to waive or reduce the landscaping and screening requirements, the Director shall consider the following criteria:

(1) Whether the lot width and depth permits a workable plan for the building and parking which would preserve the screening and landscaping;

(2) Whether the character of use across the alley, such as multifamily parking structures or single-family garages, make the screening and landscaping less necessary; and

(3) Whether a topographic break between the alley and the residential zone makes screening less necessary.

c. When a surface parking area or off-street loading area is directly across a street right-of-way eighty feet (80') or less in width from a lot in a residential zone, a five-foot (5') deep landscaped setback area from the street lot line shall be provided. Three-foot (3') high screening and a five-foot (5') landscaped area, with the landscaping on the street side of the screening, shall be provided along the edge of the setback.

d. When a surface parking area is directly across a street right-of-way wider than eighty feet (80') in width from a lot in a residential zone, street trees shall be provided.

e. When a surface parking area abuts a lot in a residential zone, view-obscuring screening and a five-foot (5') deep landscaped setback area on the inside of the screening shall be provided.

f. When a surface parking area is directly across a street right-of-way eighty feet (80') or less in width from a lot in a commercial zone, street trees shall be provided.

2. Parking Structures.

a. When a parking structure is directly across a street right-of-way eighty feet (80') or less in width from a lot in a residential zone, a five-foot (5') deep landscaped setback area from the street lot line, including street trees, shall be provided. The street facade of each floor of parking shall have an opaque screen at least three and one-half feet (3 1/2') high.

b. When a parking structure abuts a lot in a residential zone, a five-foot (5') deep landscaped setback area from the abutting lot line shall be provided, unless the parking structure is completely enclosed except for driveway areas. In addition to the landscaped setback, view-obscuring screening shall be provided along abutting property line(s). When the parking structure is enclosed by a solid wall, any setback area provided within five feet (5') of the abutting lot line(s) shall be landscaped. The abutting facade of each floor of parking not enclosed by a solid wall shall have an opaque screen at least three and one-half feet (3 1/2') high.

c. When a parking structure is across an alley from a lot in a residential zone, a five-foot (5') deep landscaped setback area from the alley lot line shall be provided, unless the parking structure is completely enclosed except for driveway areas. Three-foot (3') high screening along the facade facing the alley with the landscaping on the alley side of the screening shall be provided. When the parking structure is enclosed by a solid wall, any setback area provided within five feet (5') of the alley lot line shall be landscaped. The abutting or alley facade of each floor of parking shall have an opaque screen at least three and one-half feet (3 1/2') high.

d. When a parking structure is directly across a street right-of-way more than eighty feet (80') in width from a lot in a residential zone, street trees shall be provided.

e. When a parking structure is directly across a street right-of-way eighty feet (80') or less in width from a lot in a commercial zone, street trees shall be provided.

3. Outdoor Sales and Outdoor Display of Rental Equipment.

a. When an outdoor sales area or outdoor display of rental equipment is across an alley from a lot in a residential zone, or abutting a lot in a residential or commercial zone, view-obscuring screening shall be provided along the abutting or alley lot lines.

b. When an outdoor sales area or outdoor display of rental equipment is directly across the street from a lot in a residential zone, street trees and three-foot (3') high screening along the street front shall be provided.

4. Drive-in Businesses Including Gas Stations.

a. Drive-in businesses abutting or across an alley from a lot in a residential zone shall provide view-obscuring screening along the abutting alley lot lines. When the drive-in portion of the business or its access area abuts a lot in a residential zone a five-foot (5') landscaped area shall be required on the inside of the screening.

b. Drive-in businesses in which the drive-in portion of the business is directly across a street right-of-way eighty feet (80') or less in width from a lot in a residential zone shall provide three-foot (3') high screening for the drive-in portion and street trees.

c. When a drive-in business is directly across a street right-of-way wider than eighty feet (80') in width from a lot in a residential zone, street trees shall be provided.

d. Drive-in businesses directly across a street right-of-way eighty feet (80') or less in width from a lot in a commercial zone shall provide street trees.

5. Outdoor Storage, and Outdoor Loading Berths.

a. Outdoor storage and outdoor loading berths directly across a street right-of-way eighty feet (80') or less in width from a lot in an NC1, NC2, NC3 or C1 zone shall provide view-obscuring screening along the street lot lines and shall also provide street trees.

b. When the outdoor storage or outdoor loading berth is directly across a street right-of-way eighty feet (80') or less in width from a lot in a residential zone, view-obscuring screening shall be provided. A five-foot (5') deep landscaped area including street trees shall be provided between the lot line and the view-obscuring screening.

c. When outdoor storage or an outdoor loading berth is directly across a street right-of-way wider than eighty feet (80') in width from a lot in a residential zone, view-obscuring screening and street trees shall be provided.

d. When outdoor storage or an outdoor loading berth is across an alley from a lot in a residential zone, view-obscuring screening shall be provided. A five-foot (5') deep landscaped area shall be provided between the lot and the view-obscuring screening, except when the industrial lot is at least fifteen feet (15') above the elevation of the residential lot or when the screen is a solid wall.

e. When the outdoor storage or outdoor loading berth abuts a lot in a residential zone, view-obscuring screening and a fifteen-foot (15') deep landscaped area inside the screening shall be provided along the abutting lot line.

6. Outdoor Manufacturing, Repairing, Refuse Compacting or Recycling Activities.

a. An outdoor manufacturing, repairing, refuse compacting or recycling activity must be set back fifty feet (50') from a lot in a residential zone.

b. An outdoor manufacturing, repairing, refuse compacting or recycling activity abutting a lot in a residential zone or directly across a street eighty feet (80') or less in width or an alley across from a lot in a residential zone shall provide view-obscuring screening.

c. An outdoor manufacturing, repairing, refuse compacting or recycling activity directly across a street greater than eighty feet (80') in width from a lot in a residential or commercial zone shall provide street trees and view-obscuring screening on the street lot line.

d. An outdoor manufacturing, repairing, refuse compacting or recycling activity abutting or across an alley from a lot in a commercial zone shall provide view-obscuring screening along the abutting or alley lot lines.

7. Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through changes in the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features. Any fence or free-standing wall for a utility services use must provide either:

a) A 5-foot-deep landscaped area between the wall or fence and the street lot line; or

b) Architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

(Ord. 123547, § 8, 2011; Ord. 113658 § 4(part), 1987.)

23.50.038 Industrial Commercial– Screening and Landscaping

A. Screening and landscaping requirements for all uses.

1. All property zoned Industrial Commercial (IC) and within a designated urban village or urban center shall achieve a Green Factor score of .30 or greater, pursuant to Section 23.86.019.

2. Standards. All landscaping provided to meet requirements under this Section 23.50.038 must meet standards promulgated by the Director to provide for the long-term health, viability and coverage of plantings. The standards may include, but are not limited to, the type and size of plants, number of plants, concentration of plants, depths of soil, use of low water use plants and access to light and air for plants.

3. All uses shall provide street trees, unless it is determined by the Director to be infeasible. If it is not feasible to plant street trees in the planting strip, then they shall be provided in the required 5-foot deep landscaped area along street lot lines.

B. Treatment of blank facades.

1. Blank facade limits apply to the area of the facade between 2 and 8 feet above the sidewalk.

a. Any portion of a facade that is not transparent shall be considered to be a blank facade. Clear or lightly tinted glass in windows, doors and display windows shall be considered transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

b. Portions of a facade of a structure that are separated by transparent areas of at least 2 feet in width shall be considered separate facade segments for the purposes of this subsection 23.50.038.B.

c. Except as provided for in subsection 23.50.038.C.6, blank segments of facades that are 60 feet wide and greater, and within 20 feet of the street lot line shall be screened by one of the following:

1) A hedge that will achieve a height of at least 5 feet within 3 years of planting and a height of at least 10 feet at full maturity; or

2) Trellises and vining plants attached to the wall up to a minimum height of 10 feet; or

3) A landscaped area meeting subsection 23.50.034.C, landscaped areas or berms.

d. The following limits on blank façade segments apply to lots in an IC 85-160 zone:

1) For facades facing streets that bound the Downtown Urban Center or streets shown on Map A for Section 23.50.016, blank facade segments shall not exceed 15 feet in width, except that:

a) the width of a blank façade segment that includes a garage door may exceed 15 feet but is limited to the width of the driveway plus 5 feet; and

b) the width of a blank facade segment may be increased to up to 30 feet if the Director determines, as a Type I decision, that the facade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest.

2) For all other street-level street-facing facades, if the street level is occupied by uses other than parking, blank facade segments are limited to a width of 30 feet, except that:

a) the width of a blank façade segment that includes a garage door may exceed 30 feet but is limited to the width of the driveway plus 5 feet; and

b) the width of a blank façade segment may be increased to up to 60 feet if the Director determines, as a Type I decision, that the facade is sufficiently enhanced by architectural detailing, artwork, landscaping, or similar features that have visual interest.

3) If the street level of the street-facing façade is occupied by parking, subsection 23.50.038.C.6 applies.

C. Additional Screening and Landscaping Requirements for Specific Uses.

1. Surface Parking Areas for More Than Five Vehicles.

a. If a surface parking area abuts a lot in an NC1, NC2, NC3 or C1 zone, view-obscuring screening along the abutting lot lines shall be provided.

b. If a surface parking area is across an alley from a lot in a residential zone, view obscuring screening shall be required. A 5 foot deep landscaped area shall be required inside the screening. The Director may reduce or waive the screening and landscaping requirement for all or a part of the lot abutting the alley, or may waive only the landscaping requirement, if required parking can only be provided at the rear lot line and the alley is necessary to provide aisle space. In making the determination to waive or reduce the landscaping and screening requirements, the Director shall consider the following criteria:

1) Whether the lot width and depth permits a workable plan for the building and parking which would preserve the screening and landscaping; and

2) Whether the character of use across the alley, such as multi-family parking structures or single-family garages, make the screening and landscaping less necessary; and

3) Whether a topographic break between the alley and the residential zone makes screening less necessary.

c. If a surface parking area or off-street loading area is directly across a street 80 feet or less in width from a lot in a residential zone, a 5 foot deep landscaped setback area from the street lot line, including street trees, shall be provided. Three-foot high screening along the edge of the setback, with the landscaping on the street side of the screening, shall be provided.

d. If a surface parking area or off-street loading area abuts a lot in a residential zone, view-obscuring screening and a 5 foot deep landscaped setback area on the inside of the screening shall be provided.

e. Surface parking areas for ten or fewer cars shall be screened by 3 foot high screening along the street lot line.

f. Surface parking areas for more than ten cars shall be screened by 3 foot high screening and street trees along the street lot lines.

g. Surface parking areas for more than 50 cars shall provide 3 foot high screening and street trees along the street lot lines, as well as interior landscaping.

2. Parking Structures.

a. If a parking structure is directly across a street 80 feet or less in width from a lot in a residential zone, a 5 foot deep landscaped setback area from the street lot line, including street trees, shall be provided. The street-facing facade of each floor of parking shall have an opaque screen at least 3.5 feet high.

b. If a parking structure abuts a lot in a residential zone, a 5 foot deep landscaped setback area from the lot line shall be provided unless the parking structure is completely enclosed except for driveway areas. In addition to the landscaped setback, view-obscuring screening shall be provided along abutting lot line(s). If the parking structure is enclosed by a solid wall, any setback area provided within 5 feet of the abutting lot lines shall be landscaped. The abutting facade of each floor of parking not enclosed by a solid wall shall have an opaque screen at least 3.5 feet high.

c. If a parking structure is across an alley from a lot in a residential zone, a 5 foot deep landscaped setback area from the alley lot line shall be provided, unless the parking structure is completely enclosed, except for driveway areas. Three-foot high screening along the facade facing the alley with the landscaping on the alley side of the screening shall be provided. If the parking structure is enclosed by a solid wall, any setback area provided within 5 feet of the alley lot line shall be landscaped. The abutting or alley facade of each floor of parking shall have an opaque screen at least 3.5 feet high.

d. If a parking structure is directly across a street wider than 80 feet from a lot in a residential zone, street trees shall be provided.

e. If a parking structure is directly across a street 80 feet or less in width from a lot in a commercial zone, street trees shall be provided.

3. Outdoor Sales and Outdoor Display of Rental Equipment.

a. If an outdoor sales area or outdoor display of rental equipment is across an alley from a lot in a residential zone, or abutting a lot in a residential or commercial zone, view-obscuring screening shall be provided along the abutting or alley lot lines.

b. If an outdoor sales area or outdoor display of rental equipment is directly across the street from a lot in a residential or commercial zone, street trees and 3 foot high screening along the street front shall be provided.

4. Drive-in Businesses Including Gas Stations.

a. Drive-in businesses across an alley from a lot in a residential zone shall provide view-obscuring screening along the alley lot lines.

b. Drive-in businesses in which the drive-in portion of the business is directly across a street 80 feet or less in width from a lot in a residential zone shall provide 3 foot high screening for the drive-in portion and street trees.

c. If a drive-in business is directly across a street wider than 80 feet from a lot in a residential zone, street trees shall be provided.

d. Drive-in businesses abutting a lot in a residential zone shall provide view-obscuring screening and a 5 foot deep landscaped setback area inside the screening.

5. Outdoor Storage and Outdoor Loading Berths.

a. Outdoor storage and outdoor loading berths directly across a street 80 feet or less in width from a lot in an NC1, NC2, NC3 or C1 zone shall provide view-obscuring screening along the street lot lines and street trees.

b. If the outdoor storage or outdoor loading berth is directly across a street 80 feet or less in width from a lot in a residential zone, view-obscuring screening shall be provided. A 5 foot deep landscaped area including street trees shall be provided between the lot line and the view-obscuring screening.

c. If outdoor storage or an outdoor loading berth is directly across a street wider than 80 feet from a lot in a residential zone, view-obscuring screening and street trees shall be provided.

d. If outdoor storage or an outdoor loading berth is across an alley from a lot in a residential zone, view-obscuring screening shall be provided. A 5 foot deep landscaped area shall be provided between the lot line and the view-obscuring screening, unless the industrial lot is at least 15 feet above the elevation of the residential lot or the screen is a solid wall.

e. If the outdoor storage or outdoor loading berth abuts a lot in a residential zone, view-obscuring screening and a 15 foot deep landscaped area inside the screening shall be provided along the abutting lot line.

6. Solid waste transfer stations.

a. All solid waste transfer stations shall provide landscaping meeting a minimum Green Factor score of 0.40, pursuant to Section 23.86.019. If the transfer station is part of a development located on separate parcels within 200 feet of each other, Green Factor scoring may be calculated for the multiple parcels considered as a whole. If the parcels are in zones having different Green Factor minimum scores, the development considered as a whole shall meet the highest applicable, minimum Green Factor score.

b. Solid waste transfer stations abutting or across the street from a lot in a commercial or residential zone, shall provide screening pursuant to Section 23.50.034.B.

7. Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features. If abutting or across the street from a lot in a residential, commercial, or downtown zone, fences or free-standing walls for a utility services use must provide either:

a. A 5-foot-deep landscaped area between the wall or fence and the street lot line; or

b. Architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

8. Screening and location of parking in an IC 85-160 zone. Those developments that gain extra floor area above the base FAR in an IC 85-160 zone are subject to the following, in addition to any other applicable parking screening requirements in this subsection 23.50.038.C.

a. All parking permitted on the lot shall be provided below grade or enclosed within a structure.

b. Parking at street level.

1) Parking is not permitted at street level within a structure along a lot line abutting a street bounding the Downtown Urban Center or a street shown on Map A for 23.50.016, Industrial Streets Landscaping Plan, unless separated from the street by other uses, except that garage and loading doors and access to parking need not be separated.

2) Parking is permitted at street level within a structure along a street lot line abutting a street not specified in subsection 23.50.038.C.6.b.1 subject to the following requirements:

a) Any parking not separated from the street lot line by another use is screened from view at the street level, except that garage and loading doors and access to parking need not be screened.

b) The facade facing the street lot line is enhanced by architectural detailing, artwork, landscaping, or similar visual interest features.

c. Parking above street level. Parking is not permitted above street level unless it is separated from abutting street lot lines by another use, except that for structures located on a lot that is less than 150 feet in depth, as measured from the lot line with the greatest street frontage, parking is permitted above the first story under the following conditions:

1) One story of parking shall be permitted above the first story of a structure for each story of parking provided below grade that is of at least equivalent capacity, up to a maximum of two stories of parking above the first story.

2) Above the first story of a structure, parking is permitted up to a maximum of 70 percent of the length of each street-facing façade. Any additional parking must be separated from the street by another use. For structures located on corner lots, separation by another use shall be provided at the corner portion(s) of the structure for a minimum of 15 percent of the length of each street-facing façade.

3) For all parking located on stories above street level that is not separated from the street by another use, the parking shall be screened from view at street level, and, through the use of materials, fenestration, or other architectural treatment, the screening shall be designed to provide visual interest and to integrate the screened portions of the building façade with the overall design of the structure's street-facing facades.

4) The Director may permit, as a Type I decision, exceptions to subsection 23.50.038.C.6.c to permit more parking above street level than otherwise allowed, if the Director finds that locating permitted parking below grade is infeasible due to physical site conditions such as a high water table, contaminated soil conditions, or proximity to a tunnel. In such cases, the Director shall determine the maximum feasible amount of parking that can be provided below grade, if any, and the amount of additional parking to be permitted above street level.

(Ord. 123589, § 61, 2011; Ord. 23.50.038, § 9, 2011; Ord. 123282, § 5, 2010; Ord. 113658 § 4(part), 1987.)

23.50.039 Street-level use requirements in an IC 85-160 zone

A. In an IC 85-160 zone, on lots that abut 4th Avenue South or 6th Avenue South between Airport Way South and South Royal Brougham Way, one or more of the following street-level uses are required, consistent with the standards in subsection 23.50.039.B:

1. General sales and service uses;

2. Automotive sales and service

3. Eating and drinking establishments;

4. Entertainment uses;

5. Child care facilities;

6. Public libraries;

7. Public parks; and

8. Religious facilities.

B. Street-level uses shall be provided consistent with the following standards:

1. Along streets requiring street-level uses, a minimum of 75 percent of the street level of each street-facing façade shall be occupied by street-level uses listed in subsection 23.50.039.A. The remaining portion of the street level of the street-facing facade may contain other permitted uses and/or pedestrian or vehicular entrances.

2. Required street-level uses shall be located in a space with a minimum floor to floor height of 13 feet and a minimum depth of 15 feet measured from the street-facing facade.

3. Required street-level uses shall be located within 10 feet of the street lot line.

4. Except for child care facilities, pedestrian access to required street-level uses shall be provided directly from the street or other open area with access to a street. Pedestrian entrances shall be located no more than 3 feet above or below sidewalk grade or at the same elevation as any abutting open area.

(Ord. 123589, § 62, 2011.)

23.50.040 Industrial General– Screening and landscaping for specific uses

A. Solid waste transfer stations.

1. All solid waste transfer stations shall provide landscaping meeting a minimum Green Factor score of 0.40, pursuant to Section 23.86.019. If the transfer station is part of a development located on separate parcels within 200 feet of each other, Green Factor scoring may be calculated for the multiple parcels considered as a whole. If the parcels are in zones having different Green Factor minimum scores, the development considered as a whole shall meet the highest applicable, minimum Green Factor score.

2. When a solid waste transfer station is abutting or across the street from a lot in a commercial or residential zone, screening is required pursuant to subsection 23.50.034.B.

B. Fences or free-standing walls associated with utility services uses may obstruct or allow views to the interior of a site. Where site dimensions and site conditions allow, applicants are encouraged to provide both a landscaped setback between the fence or wall and the right-of-way, and a fence or wall that provides visual interest facing the street lot line, through the height, design or construction of the fence or wall, including the use of materials, architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features. If abutting or across the street from a lot in a residential, commercial, or downtown zone, fences or free-standing walls for a utility services use must provide either:

a) A 5-foot-deep landscaped area between the wall or fence and the street lot line; or

b) Architectural detailing, artwork, vegetated trellises, decorative fencing, or similar features to provide visual interest facing the street lot line, as approved by the Director.

(Ord. 123547, § 10, 2011)

23.50.042 All Industrial zones– Venting standards.

A. The venting of odors, vapors, smoke, cinders, dust, gas, and fumes shall be at least ten (10) feet above finished grade, and directed away from residential uses within fifty (50) feet of the vent.

(Ord. 113658 § 4(part), 1987.)

23.50.044 Industrial Buffer and Industrial Commercial zones– Standards for major odor sources.

A. Major Odor Sources.

1. Uses which involve the following odor-emitting processes or activities shall be considered major odor sources:

– Lithographic, rotogravure or flexographic printing;

– Film burning;

– Fiberglassing;

– Selling of gasoline and/or storage of gasoline in tanks larger than two hundred sixty (260) gallons;

– Handling of heated tars and asphalts;

– Incinerating (commercial);

– Metal plating;

– Tire buffing;

– Vapor degreasing;

– Wire reclamation;

– Use of boilers (greater than one hundred six (106) British Thermal Units per hour, ten thousand (10,000) lbs. steam per hour, or thirty (30) boiler horsepower);

– Other uses creating similar odor impacts.

2. Uses which employ the following processes shall be considered major odor sources, except when the entire activity is conducted as part of a retail sales and service use:

– Cooking of grains;

– Smoking of food or food products;

– Fish or fishmeal processing;

– Coffee or nut roasting;

– Deep-fat frying;

– Dry cleaning;

– Animal food processing;

– Other uses creating similar odor impacts.

B. When an application is made in the Industrial Buffer (IB) or Industrial Commercial (IC) zone for a use which is determined to be a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), shall determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. Measures to be taken shall be indicated on plans submitted to the Director, and may be required as conditions for the issuance of any permit. Once a permit has been issued, any measures which were required by the permit shall be maintained.

(Ord. 121477 § 26, 2004; Ord. 113658 § 4(part), 1987.)

23.50.046 Industrial Buffer and Industrial Commercial– Light and glare standards.

A. Exterior lighting shall be shielded and directed away from lots in adjacent residential zones.

B. Interior lighting in parking structures shall be shielded, to minimize nighttime glare affecting lots in adjacent residential zones.

C. When nonconforming exterior lighting in an Industrial Buffer (IB) or Industrial Commercial (IC) zone is replaced, new lighting shall conform to the requirements of this section.

D. Glare diagrams which clearly identify potential adverse glare impacts on residential zones and on arterials shall be required when:

1. Any structure is proposed to have facades of reflective coated glass or other highly reflective material, and/or a new structure or expansion of an existing structure greater than sixty-five (65) feet in height is proposed to have more than thirty (30) percent of the facades comprised of clear or tinted glass; and

2. The facade(s) surfaced or comprised of such materials either:

a. Are oriented towards and are less than two hundred (200) feet from any residential zone, and/or

b. Are oriented towards and are less than four hundred (400) feet from a major arterial with more than fifteen thousand (15,000) vehicle trips per day, according to Seattle Department of Transportation data.

E. When glare diagrams are required, the Director may require modification of the plans to mitigate adverse impacts, using methods including but not limited to the following:

1. Minimizing the percentage of exterior facade that is composed of glass;

2. Using exterior glass of low reflectance;

3. Tilting glass areas to prevent glare which could affect arterials, pedestrians or surrounding structures;

4. Alternating glass and nonglass materials on the exterior facade; and

5. Changing the orientation of the structure.

(Ord. 121477 § 27, 2004; Ord. 118409 § 194, 1996: Ord. 113658 § 4(part), 1987.)

23.50.048 Industrial Buffer– Access to parking and loading areas.

A. Location of Parking and Loading Areas. There shall be no restrictions on the location of parking and loading areas on lots in the Industrial Buffer (IB) zone, except as specified in Section 23.50.030, Industrial Buffer-Setback requirements.

B. Access to off-street parking and loading areas. Access to off-street parking or loading areas shall be prohibited from street or alley frontages opposite residentially zoned lots. This prohibition shall not apply under the following conditions:

1. There is no access to the lot from another street or alley within an industrial zone.

2. The Director has determined that the lot width and depth prevents a workable plan for the building, parking and loading if access is not allowed from a street or alley across from a residentially zoned lot.

(Ord. 113658 § 4(part), 1987.)

23.50.049 Pet daycare centers.

In addition to the development standards of the zone, pet daycare centers are subject to the following:

A. Operating business establishments that have been providing pet daycare services as of July 31, 2006 may continue not withstanding nonconformities to applicable development standards, provided the provisions of this section are met.

B. The pet daycare center must be permitted by Public Health– Seattle & King County, as required by SMC 10.72.020.

C. Facilities for the boarding of animals may occupy no more than thirty (30) percent of the gross floor area of the pet daycare center.

D. Required loading pursuant to 23.54.015 may be provided in a public right of way if the applicant can demonstrate to the Director, in consultation with the Seattle transportation Department, that pedestrian circulation or vehicle traffic will not be significantly impacted.

E. Applicants must submit at the time of permit application, written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures, which are to be followed for the life of the business, must address the identification and correction of animal behavior that impacts surrounding uses, including excessive barking.

F. Violations of this Section.

1. The exemption in SMC 25.08.500A of the Noise Control Ordinance to uses permitted under SMC 10.72, provisions for pet kennels and similar uses, does not apply to pet daycare centers.

2. When a notice of violation is issued for animal noise, the Director may require a report from an acoustical consultant to describe measures to be taken by the applicant to mitigate adverse noise impacts. The Director may require measures, including but not limited to: development or modification of operating procedures; cessation of the use of outdoor area(s); closure of windows and doors; reduction in hours of operation; use of sound attenuating construction or building materials such as insulation and noise baffles.

(Ord. 122273, § 4, 2006)

23.50.050 Transportation concurrency level-of-service standards.

Proposed uses in industrial zones shall meet the transportation concurrency level-of-service standards prescribed in Chapter 23.52.

(Ord. 117383 § 8, 1994.)

23.50.051 Additional floor area in certain IC-zoned areas in the South Lake Union Urban Center

A. Applicability; General Rules. This Section 23.50.051 applies only to IC zones in the area shown on Exhibit 23.50.051 A. In IC zones in that area, floor area in addition to the base FAR up to the applicable maximum FAR shown in Table A for 23.50.028 is permitted for projects that satisfy all the conditions in this Section 23.50.051. For purposes of applying any section of Chapter 23.48 referred to in this Section 23.50.051, Class 2 Pedestrian Streets are as designated on Exhibit 23.50.051A. As a condition to any floor area above the base FAR, a project must conform to all the provisions of subsections 23.50.051.C through 23.50.051.M of this section, inclusive. As a further condition, any floor area above 4.5 FAR is allowed only to the extent gained in accordance with the bonus and TDR provisions of subsection 23.50.051.N.

B. Maximum FAR. The maximum chargeable floor area permitted on a lot pursuant to this Section 23.50.051 is 7 FAR.

C. Alteration of Landmark. No floor area above the base FAR shall be granted to any proposed development that would result in a significant alteration to any designated feature of a Landmark structure, unless a Certificate of Approval for the alteration is granted by the Landmarks Preservation Board.

{/PICK;23-50-051-1;comptd;44p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-50-051-1.tif;comptd;44p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

D. LEED requirement. The applicant will strive to achieve a LEED Gold rating or better and make a commitment acceptable to the Director that the proposed development will earn at least a LEED Silver rating or meet a substantially equivalent standard, and shall demonstrate compliance with that commitment, all in accordance with the provisions of Section 23.49.020.

E. Upper Level Setback. An upper level setback consistent with subsections B and C of Section 23.48.012 is provided along Thomas Street and Harrison Street for any portion of the structure above forty-five (45) feet in height.

F. Facades. Each structure satisfies the general facade requirements of Section 23.48.014.

G. Transparency. Each structure satisfies the transparency and blank facade requirements of Section 23.48.018.

H. Solid waste and recycling. Each structure satisfies the solid waste and recyclable materials storage space requirements of Section 23.54.040.

I. Parking and access. Each structure satisfies the parking and loading access requirements of Section 23.48.034. Parking for each structure is subject to the following limitations and requirements:

(1) Parking is not permitted in stories that are completely above street level unless the parking is separated from the street by other uses:

(2) Due to physical site conditions such as topographic or geologic conditions, parking is permitted in stories that are partially below street level and partially above street level without being separated from the street by other uses, if:

a. the street front portion of the parking (excluding garage and loading doors and permitted access to parking) that is at or above street level is screened from view at the street level; and

b. the street facade is enhanced by architectural detailing, artwork, landscaping, or similar visual interest features.

J. Screening and Landscaping. Each structure satisfies the NC3 zone screening and landscaping requirements of Section 23.47A.016.

K. Transportation Management Program. The Master Use Permit application shall include a Transportation Management Program (TMP) consistent with requirements for TMPs in Director's Rule 14-2002. The TMP shall be approved by the Director only if, after consulting with Seattle Department of Transportation, the Director determines that no more than forty (40) percent of trips to and from the project will be made using single-occupant vehicles (SOV).

1. For purposes of measuring attainment of single-occupant vehicle (SOV) goals contained in the TMP, the number of SOV trips shall be calculated for the p.m. hour in which an applicant expects the largest number of vehicle trips to be made by employees at the site (the p.m. peak hour of the generator).

2. Compliance with this section does not affect the responsibility of any employer to comply with Seattle's Commute Trip Reduction (CTR) Ordinance.

L. Energy Management Plan. The Master Use Permit application shall include an energy management plan, approved by the Superintendent of Seattle City Light, containing specific energy conservation or alternative energy generation methods or on-site electrical systems that together can ensure that the existing electrical system can accommodate the projected loads from the project. The Director, after consulting with the Superintendent of Seattle City Light, may condition the approval of the Master Use Permit on the implementation of the energy management plan.

M. Parking Quantity. For development permitted according to Sec. 23.50.051, the Director shall set a maximum number of parking spaces based on the expected number of employees in the project and the TMP goals for single-occupant vehicle use, with an allowance for additional short-term parking spaces to serve retail uses and visitors.

N. Bonus floor area and TDR. A minimum of 75 percent of floor area above 4.5 FAR may be gained only through bonuses under Section 23.50.052. The remaining 25 percent may be gained either through TDR consistent with Section 23.50.053 or bonuses under Section 23.50.052, provided that the condition in subsection 23.50.051.N is satisfied if applicable. The Master Use Permit application to establish any floor area above 4.5 FAR under this section shall include a calculation of the amount of floor area and shall identify the manner in which the conditions to added floor area will be satisfied.

O. Landmark TDR. If Landmark TDR is available, not less than 5 percent of floor area on a lot above 4.5 FAR shall be gained through the transfer of Landmark TDR. Landmark TDR shall be considered "available" if, at the time of the Master Use Permit application to gain the additional floor area, the City of Seattle is offering Landmark TDR eligible for use on the lot for sale at a price per square foot no greater than the total bonus contribution under Section 23.50.052 for a project using the cash option for both housing and childcare facilities. An applicant may satisfy the condition in this section by purchases of Landmark TDR from private parties, by transfer of Landmark TDR from an eligible sending lot owned by the applicant, by purchase of Landmark TDR from the City, or by any combination of the foregoing.

(Ord. 123589, § 63, 2011; Ord. 123495, § 56, 2011; Ord. 123046, § 43, 2009; Ord. 122611, § 9, 2007.)

23.50.052 Bonus floor area for housing and child care.

A. General Provisions

1. This Section applies only to projects seeking floor area above four and a half (4.5) FAR pursuant to Section 23.50.051. The purpose of this section is to encourage development in addition to that authorized by basic zoning regulations, provided that portions of certain adverse impacts from the additional development are mitigated. Two (2) impacts from such development are an increased need for housing in the South Lake Union Urban Center to house the families of workers having lower-paid jobs, and an increased need for child care for workers in the South Lake Union Urban Center.

2. The mitigation may be provided by building the requisite housing or child care facilities (the "performance option"), by making a contribution to be used by the City to build or provide the housing and child care facilities (the "payment option"), or by a combination of the performance and payment options.

3. For the purposes of this section, chargeable floor area that is earned under the provisions of this section is called "bonus floor area."

B. Housing and Child Care Bonus. For each square foot of bonus floor area, the applicant shall provide or make payments for both housing and child care in amounts determined as follows:

1. Housing.

a. For each square foot of bonus floor area, either 0.15575807 square feet of housing affordable to and serving households with incomes up to 80% of median King County household income based on household size (referred to as the "income limit" in this section), or an alternative voluntary cash contribution of $18.75 for such housing. The Housing Director may adjust the cash contribution alternative, no more frequently than annually, approximately in proportion to the change in the Consumer Price Index, All Urban Consumers, Seattle-Tacoma metropolitan area, All Items (1982 - 84 = 100), as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or successor index, or any other cost index that such Director may deem appropriate. The base year for the first such adjustment shall be 2007. Any such adjustment to the cash contribution amounts may be implemented through a rule-making process.

b. For purposes of this subsection, a housing unit serves households with incomes up to 80% of median King County household income only if all of the following are satisfied for a period of fifty (50) years beginning upon the issuance of a final certificate of occupancy for the housing unit by the Department of Planning and Development:

(1) For rental units:

i. The housing unit is used as rental housing solely for households with incomes, at the time of each household's initial occupancy, not exceeding the income limit; and

ii. The monthly rent charged for the housing unit, together with a reasonable allowance for any basic utilities that are not included in the rent, does not exceed one-twelfth ( 1/12) of thirty (30) percent of the income limit for the estimated average size of household corresponding to the size of unit, as determined by the Housing Director;

iii. There are no charges for occupancy other than rent; and

iv. The housing unit and the structure in which it is located are maintained in decent and habitable condition, including adequate basic appliances, for such fifty (50) year period.

(2) For homeownership units:

i. The housing unit is used as homeownership housing solely for households with incomes at the time of each household's initial occupancy, not exceeding the income limit;

ii. The sales price is restricted so that estimated monthly housing costs, according to a method prescribed or approved by the Housing Director, including mortgage payment, taxes, insurance, and condominium dues, do not exceed 40% of household monthly income at the income limit for the estimated average size of household corresponding to the size of unit as determined by the Housing Director; and

iii. The housing unit is subject to recorded instruments satisfactory to the Housing Director providing for sales prices on any resale consistent with affordability on the same basis, for such fifty (50) year period.

c. If housing provided under the performance option is not yet constructed, or is not ready for occupancy, at the time when a cash contribution would be due pursuant to subsection C of this Section if the applicant had elected the cash option, the applicant may commit to complete such housing on terms acceptable to the Housing Director, which terms shall require that within three (3) years of the issuance of the first building permit for the project using the bonus floor area, the applicant shall obtain a final certificate of occupancy for such housing. Any applicant seeking to qualify for bonus floor area based on such housing shall provide to the City, prior to the date when a contribution would be due for the cash option under subsection C of this section, an irrevocable bank letter of credit or other sufficient security approved by the Housing Director, and a related voluntary agreement, so that at the end of the three (3) year period, if the housing does not qualify or is not provided in a sufficient amount to satisfy the terms of this section, the City shall receive (i) a cash contribution for housing in the amount determined pursuant to this section after credit for any qualifying housing then provided, plus (ii) an amount equal to interest on such contribution, at the rate equal to the prime rate quoted from time to time by Bank of America, or its successor, plus three (3) percent per annum, from the date of issuance of the first building permit for the project using the bonus. If and when the City becomes entitled to realize on any such security, the Housing Director shall take appropriate steps to do so, and the amounts realized, net of any costs to the City, shall be used in the same manner as cash contributions for housing made under this section. In the case of any project proposing to use bonus floor area for which no building permit is required, references to the building permit in this subsection shall mean the master use permit allowing establishment or expansion of the use for which bonus floor area is sought.

d. The Housing Director shall review the design and proposed management plan for any housing proposed under the performance option to determine whether it will comply with the terms of this section.

e. The Housing Director is authorized to accept a voluntary agreement for the provision of housing and related agreements and instruments consistent with this section.

f. It shall be a continuing permit condition, whether or not expressly stated, for each project obtaining bonus floor area based on the provision of housing under this subsection, that the housing units shall continue to satisfy the requirements of this subsection throughout the required fifty (50) year period and that such compliance shall be documented annually to the satisfaction of the Housing Director, and the owner of any project using such bonus floor area shall be in violation of this title if any such housing unit does not satisfy such requirements, or if satisfactory documentation is not provided to the Housing Director, at any time during such period. The Housing Director may provide by rule for circumstances in which housing units maybe replaced if lost due to casualty or other causes, and for terms and conditions upon which a cash contribution may be made in lieu of continuing to provide housing units under the terms of this subsection.

g. Housing units provided to qualify for a bonus should include a range of unit sizes, including units suitable for families with children. The Housing Director is authorized to prescribe by rule minimum requirements for the range of unit sizes, by numbers of bedrooms, in housing provided to qualify for a bonus. The Housing Director shall take into account, in any such rule, estimated distributions of household sizes among households with incomes up to 80% of median King County household income.

h. Housing units provided to qualify for a bonus shall be located within the South Lake Union Urban Center, except that if the Director, after consultation with the Housing Director, finds that it would be impracticable to provide the housing in the South Lake Union Urban Center within the time specified in this Section, the Director may allow the housing to be provided at one or more other locations within the City from which workers can easily commute by public transit to and from the lot using the bonus floor area.

i. Housing units provided to qualify for a bonus shall be newly constructed, converted from nonresidential use, or renovated in a residential building that was vacant as of December 1, 2007.

j. For purposes of this section, "median King County household income" for any household size means the estimated median income among households of that size in King County as most recently published or reported by a source considered reliable by the Housing Director. If such data are not published or reported for a household size, the Housing Director may estimate the median King County household income for that household size by adjusting available data in such manner as the Housing Director shall determine. For purposes of maximum rents or sale prices, if the estimated average household size corresponding to a unit size includes a fraction, the Housing Director shall estimate the median King County household income for that household size by interpolation using the next higher and lower integral household sizes.

2. Child Care.

a. For each square foot of bonus floor area allowed under this section, in addition to providing housing or an alternative cash contribution pursuant to subsection B1, the applicant shall provide fully improved child care facility space sufficient for 0.000127 of a child care slot, or a cash contribution to the City of Three Dollars and Twenty-five Cents ($3.25), to be administered by the Human Services Department. The Director of the Human Services Department may adjust the alternative cash contribution, no more frequently than annually, approximately in proportion to the change in the Consumer Price Index, All Urban Consumers, Seattle-Tacoma metropolitan area, All Items (1982-84=100), as determined by the U.S. Department of Labor, Bureau of Labor Statistics, or successor index, or any other cost index that such Director may deem appropriate. The base year for the first such adjustment is 2007. The minimum interior space in the child care facility for each child care slot shall comply with all applicable state and local regulations governing the operation of licensed childcare providers. Child care facility space shall be deemed provided only if the applicant causes the space to be newly constructed or newly placed in child care use after the submission of a permit application for the project intended to use the bonus floor area, except as provided in subsection B2b(6). If any contribution or subsidy in any form is made by any public entity to the acquisition, development, financing or improvement of any child care facility, then any portion of the space in such facility determined by the Director of the Human Services Department to be attributable to such contribution or subsidy shall not be considered as provided by any applicant other than that public entity.

b. Child care space shall be provided on the same lot as the project using the bonus floor area or on another lot in the South Lake Union Urban Center and shall be contained in a child care facility satisfying the following standards:

(1) The child care facility and accessory exterior space must be approved for licensing by the State of Washington Department of Social and Health Services and any other applicable state or local governmental agencies responsible for the regulation of licensed childcare providers.

(2) At least twenty (20) percent of the number of child care slots for which space is provided as a condition of bonus floor area must be reserved for, and affordable to, families with annual incomes at or below the U.S. Department of Housing and Urban Development Low Income Standard for Section 8 Housing based on family size (or, if such standard shall no longer be published, a standard established by the Human Services Director based generally on eighty (80) percent of the median family income of the Metropolitan Statistical Area, or division thereof, that includes Seattle, adjusted for family size). Child care slots shall be deemed to meet these conditions if they serve, and are limited to, (a) children receiving child care subsidy from the City of Seattle, King County or State Department of Social and Health Services, and/or (b) children whose families have annual incomes no higher than the above standard who are charged according to a sliding fee scale such that the fees paid by any family do not exceed the amount it would be charged, exclusive of subsidy, if the family were enrolled in the City of Seattle Child Care Subsidy Program.

(3) Child care space provided to satisfy bonus conditions shall be dedicated to child care use, consistent with the terms of this section, for twenty (20) years. The dedication shall be established by a recorded covenant, running with the land, and enforceable by the City, signed by the owner of the lot where the child care facility is located and by the owner of the lot where the bonus floor area is used, if different from the lot of the child care facility. The child care facility shall be maintained in operation, with adequate staffing, at least eleven (11) hours per day, five (5) days per week, fifty (50) weeks per year.

(4) Exterior space for which a bonus is or has been allowed under any other section of this title or under former Title 24 shall not be eligible to satisfy the conditions of this section.

(5) Unless the applicant is the owner of the child care space and is a duly licensed and experienced child care provider approved by the Director of the Human Services Department, the applicant shall provide to the Director a signed agreement, acceptable to such Director, with a duly licensed child care provider, under which the child care provider agrees to operate the child care facility consistent with the terms of this section and of the recorded covenant, and to provide reports and documentation to the City to demonstrate such compliance.

(6) One (1) child care facility may fulfill the conditions for a bonus for more than one (1) project if it includes sufficient space, and provides sufficient slots affordable to limited income families, to satisfy the conditions for each such project without any space or child care slot being counted toward the conditions for more than one (1) project. If the child care facility is located on the same lot as one of the projects using the bonus, then the owner of that lot shall be responsible for maintaining compliance with all the requirements applicable to the child care facility; otherwise responsibility for such requirements shall be allocated by agreement in such manner as the Director of the Human Services Department may approve. If a child care facility developed to qualify for bonus floor area by one applicant includes space exceeding the amount necessary for the bonus floor area used by that applicant, then to the extent that the voluntary agreement accepted by the Director of the Human Services Department from that applicant so provides, such excess space may be deemed provided by the applicant for a later project pursuant to a new voluntary agreement signed by both such applicants and by any other owner of the child care facility, and a modification of the recorded covenant, each in form and substance acceptable to such Director.

c. The Director of the Human Services Department shall review the design and proposed management plan for any child care facility proposed to qualify for bonus floor area to determine whether it will comply with the terms of this section. The allowance of bonus floor area is conditioned upon approval of the design and proposed management plan by the Director. The child care facility shall be constructed consistent with the design approved by such Director and shall be operated for the minimum twenty (20) year term consistent with the management plan approved by such Director, in each case with only such modifications as shall be approved by such Director. If the proposed management plan includes provisions for payment of rent or occupancy costs by the provider, the management plan must include a detailed operating budget, staffing ratios, and other information requested by the Director to assess whether the child care facility may be economically feasible and able to deliver quality services.

d. The Director of the Human Services Department is authorized to accept a voluntary agreement for the provision of a child care facility to satisfy bonus conditions and related agreements and instruments consistent with this section. The voluntary agreement may provide, in case a child care facility is not maintained in continuous operation consistent with this subsection B2 at any time within the minimum twenty (20) year period, for the City's right to receive payment of a prorated amount of the alternative cash contribution that then would be applicable to a new project seeking bonus floor area. Such Director may require security or evidence of adequate financial responsibility, or both, as a condition to acceptance of an agreement under this subsection.

C. Cash Option Payments.

1. Cash payments under voluntary agreements for bonuses shall be made prior to issuance of any building permit after the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued, or if the bonus is for use of existing floor area, the cash payment shall be made prior to issuance of any permit or modification allowing for use of such space as bonus floor area.

2. Such payments shall be deposited in special accounts established solely to fund capital expenditures for child care facilities and housing as set forth in this section, including the City's costs to administer projects, not to exceed 10% of the contributions.

3. Housing that is funded with cash contributions shall be located within the South Lake Union Urban Center, except that if the Housing Director finds that it would be impracticable to provide the housing in the South Lake Union Urban Center within the time specified for the performance option under this Section or any time limit under applicable law, then the housing may be located at one or more other locations within the City from which workers can easily commute by public transit to and from the lot using the bonus floor area.

4. The Housing Director may allow contributions of property in lieu of cash payments if the Director finds that the value of the property equals or exceeds cash payment that otherwise would be made, subject to acceptance of any real property by ordinance.

D. No Subsidies for Bonused Housing: Exception.

1. Intent. Housing provided through the bonus system is intended to mitigate a portion of the additional housing needs resulting from increased density, beyond those needs that would otherwise exist, which the City and other governmental and charitable entities attempt to meet through various subsidy programs. Allowing bonus floor area under the performance option for housing that uses such subsidy programs therefore could undermine the intent of this section.

2. Agreement Concerning Subsidies. The Housing Director may require, as a condition of any bonus floor area for housing under the performance option, that the owner of the lot upon which the housing is located agree not to seek or accept any subsidies, including without limitation those items referred to in subsection D3 of this section, related to the housing, except for any subsidies that may be allowed by the Housing Director under that subsection. The Director may require that such agreement provide for the payment to the City of the value of any subsidies received in excess of any amounts allowed by such agreement.

3. No Bonus for Subsidized or Restricted Housing. In general, no bonus may be earned by providing housing if:

a. Any person is receiving or will receive with respect to the housing any charitable contributions or public subsidies for housing development or operation, including, but not limited to, tax exempt bond financing, tax credits, federal loans or grants, City of Seattle housing loans or grants, county housing funds, State of Washington housing funds, or property tax exemptions except as allowed pursuant to RCW Chapter 84.14, or other special tax treatment; or

b. Independent of the requirements for the bonus, the housing is or would be subject to any restrictions on the use, occupancy or rents; or

c. The housing was required to be built by the City of Seattle as a requirement of the purchase and sale of property or for any other purpose.

4. Exceptions by Rule. The Housing Director of may provide, by rule promulgated after December 31, 2007, for terms and conditions on which exceptions to the restriction on subsidies in this subsection may be allowed. Such rule may provide that, as a condition to any exception, the Housing Director shall increase the amount of housing floor area per bonus square foot, as set forth in subsection B1 of this section, to an amount that allows credit for only the Director's estimate of the incremental effect, in meeting the City's housing needs for the next fifty (50) years, of the net financial contribution that is being made by the applicant pursuant to the voluntary agreement and not funded or reimbursed, directly or indirectly, from any other source.

(Ord. 122611, § 10, 2007.)

23.50.053 Transfer of development rights within the South Lake Union Urban Center and within an IC 85-160 zone

A. General Standards for the transfer of development rights to lots in the South Lake Union Urban Center.

1. In order to achieve a portion of the floor area above five FAR that may be allowed in an IC zone within the South Lake Union Urban Center pursuant to Section 23.50.051, an applicant may use transferable development rights to the extent permitted in Table A for 23.50.053, subject to the limits and conditions in this Chapter 23.50:

Table A for 23.50.053 Eligibility for TDR Sending and Receiving in IC and SM ZonesZones
Types of TDR
Within-block TDRLandmark TDRArts Facility TDRHousing TDR
ICS, RS, RS, RS, R
SM with a mapped height limit lower than 85 feetXXXX
SM/RXXXX
SM/85SSSS
SM/125SSSS
Key for Table A for 23.50.053 S = Eligible sending lot, if in the South Lake Union Urban Center. R = Eligible receiving lot, if in the area eligible for added floor area under Section 23.50.051. X = Not permitted.

2. TDR may be transferred as within-block TDR only from a lot to another lot on the same block that is eligible for added floor area under Section 23.50.051, to the extent permitted in Table A for 23.50.053, subject to limits and conditions in this Chapter 23.50.

3. The eligibility of a lot in the South Lake Union Urban Center to be either a sending or receiving lot is regulated by Table A for 23.50.053.

4. TDR eligible to be transferred from a major performing arts facility under subsection 23.49.014.G may be transferred from a Downtown zone to a lot eligible as a receiving site for arts facility TDR under Table A for 23.50.053. No other TDR from a Downtown zone may be used in the South Lake Union Urban Center under this Section 23.50.053.

5. Except as expressly permitted pursuant to this Chapter 23.50, development rights or potential floor area may not be transferred from one lot to another.

6. No permit after the first building permit, and in any event, no permit for any construction activity other than excavation and shoring or for occupancy of existing floor area by any use based upon TDR, will be issued for development that includes TDR until the applicant's possession of TDR is demonstrated to the satisfaction of the Director.

7. For purposes of this Section 23.50.053, the base FAR and maximum FAR are as identified in Table A for 23.50.028, or pursuant to Chapter 23.48, as applicable to the sending lot, in each case not including any additional FAR that may be permitted pursuant to any exception, departure or waiver.

8. The Director may promulgate rules to implement this section.

B. Standards for Sending Lots in the South Lake Union Urban Center.

1. This subsection 23.50.053.B applies to sending lots in the South Lake Union Urban Center. Eligibility as a sending lot for a type of TDR is specified by zone in Table A for 23.50.053.

a. The maximum amount of floor area that may be transferred from a sending lot in the South Lake Union Urban Center is the amount by which the product of the eligible lot area times the base FAR of the sending lot exceeds the sum of any chargeable floor area on the lot plus any TDR previously transferred from the sending lot.

b. For purposes of this subsection 23.50.053.B.1, the eligible lot area is the total area of the sending lot, reduced by the excess, if any, of the total of accessory surface parking over one-quarter of the total area of the footprints of all structures on the sending lot.

2. If TDR are transferred from a sending lot in a zone with a FAR limit that applies to nonresidential uses, the amount of chargeable floor area that may then be built on the sending lot shall be equal to the area of the lot multiplied by the base FAR, minus the total of:

a. The chargeable floor area on the lot; plus

b. The amount of chargeable floor area transferred from the lot.

3. Chargeable floor area allowed above the base FAR under any provisions of this Title 23, or allowed under any exceptions or waivers of development standards, may not be transferred. TDR may be transferred from a lot that contains chargeable floor area exceeding the base FAR only to the extent, if any, that:

a. TDR were previously transferred to such lot in compliance with the Land Use Code provisions and applicable rules then in effect;

b. Those TDR, together with the base FAR set forth in subsection 23.48.016.B or in Section 23.50.028, exceed the chargeable floor area on the lot and any additional chargeable floor area for which any permit has been issued or for which any permit application is pending; and

c. The excess amount of TDR previously transferred to such lot would have been eligible for transfer from the original sending lot under this Section 23.50.053 at the time of their original transfer from that lot.

4. Landmark structures on sending lots from which Landmark TDR are transferred shall be restored and maintained as required by the Landmarks Preservation Board.

5. Housing on lots from which housing TDR are transferred shall be rehabilitated to the extent required to provide decent, sanitary and habitable conditions, in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer, as approved by the Director of Housing. If housing TDR are proposed to be transferred prior to the completion of work necessary to satisfy this subsection 23.50.053.B.5, the Director of Housing may require, as a condition to such transfer, that security be deposited with the City to ensure the completion of such work.

6. The housing units on a lot from which housing TDR are transferred, and that are committed to low-income housing as a condition to eligibility of the lot as a TDR sending site, shall be generally comparable in their average size and quality of construction to other housing units in the same structure, in the judgment of the Director of Housing, after completion of any rehabilitation or construction undertaken in order to qualify as a TDR sending lot.

7. Structures on an arts facility TDR site shall be built or rehabilitated to the extent required to be in compliance with applicable codes, and so as to have an estimated minimum useful life of at least 50 years from the time of the TDR transfer.

C. General standards for the transfer of development rights to lots in an IC 85-160 zone outside the South Lake Union Urban Center.

1. To achieve extra nonresidential floor area above the base FAR that may be allowed in an IC 85-160 zone pursuant to subsection 23.50.028.D, an applicant may use TDR to the extent permitted under this subsection 23.50.053.C.

2. South Downtown Historic TDR, open space TDR from zones within South Downtown, and housing TDR eligible to be transferred from a lot under Section 23.49.014 may be transferred from a Downtown zone to a lot eligible as a receiving site in an IC 85-160 zone. No other TDR may be used in an IC 85-160 zone under this Section 23.50.053.

3. Except as expressly permitted pursuant to subsection 23.50.053.C, development rights or potential floor area may not be transferred to a lot in an IC 85-160 zone.

4. No permit after the first building permit, and in any event, no permit for any construction activity other than excavation and shoring or for occupancy of existing floor area by any use based upon TDR, will be issued for development that includes TDR until the applicant's possession of TDR is demonstrated to the satisfaction of the Director.

D. Limit on within-block TDR. Any receiving lot may use TDR from sending lots that are eligible to send TDR solely because they are on the same block as the receiving lot for a maximum of 15 percent of all floor area gained through bonus and TDR on the receiving lot.

E. Transfer of Development Rights Deeds and Agreements. This subsection 23.50.053.E applies to sending lots in IC zones, and to the use of TDR on receiving lots in IC zones regardless of whether the TDR are from a sending lot in an IC zone. If TDR from other zones are used on a receiving lot in an IC zone, then the provisions applicable to sending lots in the chapter(s) of this Title 23 for the zone(s) in which the sending lots are located apply.

1. The fee owners of the sending lot shall execute a deed, and shall obtain the release of the TDR from all liens of record and the written consent of all holders of encumbrances on the sending lot other than easements and restrictions, unless such release or consent is waived by the Director for good cause. The deed shall be recorded in the King County real property records. If TDR are conveyed to the owner of a receiving lot described in the deed, then unless otherwise expressly stated in the deed or any subsequent instrument conveying such lot or the TDR, the TDR shall pass with the receiving lot whether or not a structure using such TDR shall have been permitted or built prior to any conveyance of the receiving lot. Any subsequent conveyance of TDR previously conveyed to a receiving lot shall require the written consent of all parties holding any interest in or lien on the receiving lot from which the conveyance is made. If the TDR are transferred other than directly from the sending lot to the receiving lot using the TDR, then after the initial transfer, all subsequent transfers also shall be by deed, duly executed, acknowledged and recorded, each referring by King County recording number to the prior deed.

2. Any person may purchase any TDR that are eligible for transfer by complying with the applicable provisions of this Section 23.50.053, whether or not the purchaser is then an applicant for a permit to develop real property. Any purchaser of such TDR (including any successor or assignee) may use such TDR to obtain floor area above the applicable base on a receiving lot to the extent such use of TDR is permitted under the Land Use Code provisions in effect on the date of vesting, under applicable law, of such person's rights with respect to the issuance of permits for development of the project intended to use such TDR. The Director may require, as a condition of processing any permit application using TDR or for the release of any security posted in lieu of a deed for TDR to the receiving lot, that the owner of the receiving lot demonstrate that the TDR have been validly transferred of record to the receiving lot, and that such owner has recorded in the real estate records a notice of the filing of such permit application, stating that such TDR are not available for retransfer.

3. For transfers of Landmark TDR, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Landmarks Preservation Board providing for the restoration and maintenance of the historically significant features of the structure or structures on the lot.

4. For transfers of arts facility TDR from an arts facility TDR site, the owner of the sending lot shall execute and record an agreement in form and content acceptable to the Director of the Office of Arts and Cultural Affairs providing for the construction, improvement and/or maintenance of structure(s) on the lot and the use of the arts facility sending site for at least 50 years by one or more non-profit organizations dedicated to the creation, display, performance or screening of art by or for members of the general public. Such agreements shall commit to improvements, maintenance, limits on occupancy and other measures to maintain the long-term use of the structure(s) for artistic activities consistent with the definition of arts facility TDR site and acceptable to the Director of the Office of Arts and Cultural Affairs.

5. For transfers of housing TDR, the owner of the sending lot shall execute and record an agreement, with the written consent of all holders of encumbrances on the sending lot, unless such consent is waived by the Director of the Office of Housing for good cause, to provide for the maintenance of the required housing on the sending lot for a minimum of 50 years. Such agreement shall commit to limits on rent and occupancy consistent with the definition of housing TDR site and acceptable to the Director of Housing.

6. A deed conveying TDR may require or permit the return of the TDR to the sending lot under specified conditions, but notwithstanding any such provisions:

a. The transfer of TDR to a receiving lot shall remain effective so long as any portion of any structure for which a permit was issued based upon such transfer remains on the receiving lot; and

b. The City shall not be required to recognize any return of TDR unless it is demonstrated that all parties in the chain of title have executed, acknowledged and recorded instruments conveying any interest in the TDR back to the sending lot and any lien holders have released any liens thereon.

7. Any agreement governing the use or development of the sending lot shall provide that its covenants or conditions shall run with the land and shall be specifically enforceable by The City of Seattle.

F. Time of Determination of TDR Eligible for Transfer. The eligibility of a sending lot to transfer TDR, and the amount transferable from a sending lot, shall be determined as of the date of transfer from the sending lot and shall not be affected by the date of any application, permit decision or other action for any project seeking to use such TDR.

G. Use of Previously Transferred TDR by New Projects. Any project using TDR according to applicable limits on TDR in Sections 23.50.051 and 23.50.053 may use TDR that were transferred from the sending lot consistent with the provisions of this Title 23 in effect at the time of such transfer.

H. Rules. The Director may promulgate rules to implement this Section 23.50.053.

(Ord. 123589, § 64, 2011; Ord. 123046, § 65, 2009; Ord. 122611, § 11, 2007.)

23.50.055 Street-facing façade requirements and upper level development standards in an IC 85-160 zone

The following development standards apply to all lots within an IC 85-160 zone.

A. Street-facing facade requirements. For purposes of this Section 23.50.055, balcony railings and other non-structural features or non-structural walls are not considered parts of the facade.

1. Minimum façade height. A minimum façade height of 25 feet is required for facades that face streets shown on Map A for 23.50.016, Industrial Streets Landscaping Plan. The minimum façade height for facades facing other streets is 15 feet. A minimum façade height does not apply if all portions of a structure are lower than the applicable minimum façade height.

2. Façade setback limits. The total area of street-level setbacks between the street lot line and the street-facing façade is limited to the area determined by multiplying the averaging factor by the width of the structure measured parallel to the abutting street.

a. The averaging factor is five for facades that face streets shown on Map A for 23.50.016.

b. For all other street-facing facades, the averaging factor is ten.

c. The maximum width, measured along the street lot line, of any setback area exceeding a depth of 15 feet from the street lot line is 80 feet, or 30 percent of the lot frontage on that street, whichever is less.

d. For all lots subject to façade setback limits, the following conditions apply:

1) Parking is prohibited between the facade and the street lot line.

2) The maximum setback of the facade from street lot lines within 20 feet of an intersection is 10 feet.

e. If the presence of a utility easement or other condition requires the street-facing façade to set back from the street lot line, the Director may, as a Type I decision, select another line to apply the standards of subsection 23.50.055.A.2. If sidewalk widening into the lot is required as mitigation pursuant to subsection 23.50.028.D, the setback area permitted by the applicable averaging factor shall be measured from the new edge of the sidewalk within the lot rather than the street lot line.

3. Principal pedestrian entrances. A principal pedestrian entrance to a structure is required on façades facing streets shown on Map A for 23.50.016, Industrial Streets Landscaping Plan.

4. Facade transparency requirements. Facade transparency requirements apply to the area of the façade between 2 feet and 8 feet above the sidewalk. Only clear or lightly tinted glass in windows, doors, and display windows is considered to be transparent. Transparent areas shall allow views into the structure or into display windows from the outside.

a. For facades facing a street shown on Map A for 23.50.016, Industrial Streets Landscaping Plan, a minimum of 60 percent of a street-facing facade shall be transparent.

b. For facades facing all other streets, a minimum of 40 percent of the street-facing facade shall be transparent.

B. Upper Level Development Standards.

1. Facade Modulation.

a. For structures exceeding 85 feet in height, modulation is required for the portion of a street-facing facade above 65 feet in height if any part of the façade above that height is located less than 15 feet from street lot lines. No modulation is required for portions of a facade set back 15 feet or more from street lot lines.

b. For portions of structures subject to the modulation requirements of subsection 23.50.055.B, the maximum length of a street-facing facade without modulation is prescribed in Table A for 23.50.055. For purposes of this subsection 23.50.055.B, length is measured parallel to each street lot line, and includes projections from the street-facing façade, such as balconies, within 15 feet of street lot lines or their projection.

Table A for 23.50.055 Façade Modulation in an IC 85-160 Zone for Structures Exceeding 85 Feet in Height
Height of portion of structureMaximum length of un-modulated façade if less than 15 feet from street lot line
65 feet or lessNo limit
Greater than 65 feet up to 125 feet155 feet
Greater than 125 feet125 feet

c. Any portion of a facade subject to modulation under subsection 23.50.055.B.1.a that exceeds the maximum length of façade prescribed in Table A for 23.50.055 must include a portion set back a minimum depth of 15 feet from street lot lines for a minimum length of 60 feet.

2. Floor area limit. The maximum floor area for any story wholly or in part above 85 feet in height is 25,000 square feet.

3. Minimum separation. At all levels above a height of 85 feet, separate structures on a lot and separate portions of the same structure must be separated at all points by a minimum horizontal distance of 60 feet.

(Ord. 123589, § 65, 2011.)

Chapter 23.51A
PUBLIC FACILITIES IN RESIDENTIAL ZONES

Sections:

23.51A.002 Public facilities in single family zones

23.51A.004 Public facilities in multifamily zones

23.51A.002 Public facilities in single family zones

A. Except as provided in subsections B, D and E of this Section 23.51A.002, uses in public facilities that are most similar to uses permitted outright or permitted as an administrative conditional use under Chapter 23.44 are also permitted outright or as an administrative conditional use, subject to the same use regulations, development standards and administrative conditional use criteria that govern the similar use. The City Council may waive or modify applicable development standards or administrative conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

B. Permitted Uses in Public Facilities Requiring City Council Approval. The following uses in public facilities in single-family zones may be permitted by the City Council, according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions:

1. Police precinct station;

2. Fire station;

3. Public boat moorage;

4. Utility services use; and

5. Other similar use.

The proponent of any such use shall demonstrate the existence of a public necessity for the public facility use in a single-family zone. The public facility use shall be developed according to the development standards for institutions (Section 23.44.022), unless the City Council makes a determination to waive or modify applicable development standards according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections 23.51A.002.A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the proposed expansion would not meet development standards or would exceed either 750 square feet or 10 percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections 23.51A.002.A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Sewage Treatment Plants. The expansion or reconfiguration (which term shall include reconstruction, redevelopment, relocation on the site, or intensification of treatment capacity) of existing sewage treatment plants in single-family zones may be permitted if there is no feasible alternative location in a zone where the use is permitted and the conditions imposed under subsections 23.51A.002.D.3 and D4 are met.

1. Applicable Procedures. The decision on an application for the expansion or reconfiguration of a sewage treatment plant is a Type IV Council land use decision. If an application for an early determination of feasibility is required to be filed pursuant to subsection D2 of this section 23.51A.002, the early determination of feasibility will also be a Council land use decision subject to Sections 23.76.038 through 23.76.056.

2. Need for Feasible Alternative Determination. The proponent shall demonstrate that there is no feasible alternative location in a zone where establishment of the use is permitted.

a. The Council's decision as to the feasibility of alternative location(s) shall be based upon a full consideration of the environmental, social and economic impacts on the community, and the intent to preserve and to protect the physical character of single-family areas, and to protect single-family areas from intrusions of non-single- family uses.

b. The determination of feasibility may be the subject of a separate application for a Council land use decision prior to submission of an application for a project-specific approval if the Director determines that the expansion or reconfiguration proposal is complex, involves the phasing of programmatic and project-specific decisions or affects more than one site in a single-family zone.

c. Application for an early determination of feasibility shall include:

1) The scope and intent of the proposed project in the single-family zone and appropriate alternative(s) in zones where establishment of the use is permitted, identified by the applicant or the Director;

2) The necessary environmental documentation as determined by the Director, including an assessment of the impacts of the proposed project and of the permitted-zone alternative(s), according to the state and local SEPA guidelines;

3) Information on the overall sewage treatment system that outlines the interrelationship of facilities in single-family zones and in zones where establishment of the use is permitted;

4) Schematic plans outlining dimensions, elevations, locations on site and similar specifications for the proposed project and for the alternative(s).

d. If a proposal or any portion of a proposal is also subject to a feasible or reasonable alternative location determination under Section 23.60.066, the Plan Shoreline Permit application and the early determination application will be considered in one determination process.

3. Conditions for Approval of Proposal.

a. The project is located so that adverse impacts on residential areas are minimized;

b. The expansion of a facility does not result in a concentration of institutions or facilities that would create or appreciably aggravate impacts that are incompatible with single- family residences.

c. A facility management and transportation plan is required. The level and kind of detail to be disclosed in the plan shall be based on the probable impacts and/or scale of the proposed facility, and shall at a minimum include discussion of sludge transportation, noise control, and hours of operation. Increased traffic and parking expected to occur with use of the facility shall not create a serious safety problem or a blighting influence on the neighborhood;

d. Measures to minimize potential odor emission and airborne pollutants including methane shall meet standards of and be consistent with best available technology as determined in consultation with the Puget Sound Clean Air Agency (PSCAA), and shall be incorporated into the design and operation of the facility;

e. Methods of storing and transporting chlorine and other hazardous and potentially hazardous chemicals shall be determined in consultation with the Seattle Fire Department and incorporated into the design and operation of the facility;

f. Vehicular access suitable for trucks is available or provided from the plant to a designated arterial improved to City standards;

g. The bulk of facilities shall be compatible with the surrounding community. Public facilities that do not meet bulk requirements may be located in single-family residential areas if there is a public necessity for their location there;

h. Landscaping and screening, separation from less intensive zones, noise, light and glare controls and other measures to ensure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility.

i. No residential structures, including those modified for nonresidential use, are demolished for facility expansion unless a need has been demonstrated for the services of the institution or facility in the surrounding community.

4. Substantial Conformance. If the application for a project-specific proposal is submitted after an early determination that location of the sewage treatment plant is not feasible in a zone where establishment of the use is permitted, the proposed project must be in substantial conformance with the feasibility determination. Substantial conformance shall include, but not be limited to, a determination that:

a. There is no net substantial increase in the environmental impacts of the project-specific proposal as compared to the impacts of the proposal as approved in the feasibility determination.

b. Conditions included in the feasibility determination are met.

E. Prohibited Uses. The following public facilities are prohibited in single-family zones:

1. Jails;

2. Metro operating bases;

3. Park and ride lots;

4. Establishment of new sewage treatment plants;

5. Solid waste transfer stations;

6. Animal control shelters;

7. Post Office distribution centers; and

8. Work-release centers.

F. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. No. 123209, § 10, 2009.)

23.51A.004 Public facilities in multifamily zones

A. Except as provided in subsection D of this Section 23.51A.004, uses in public facilities that are most similar to uses permitted outright or permitted as an administrative conditional use under the applicable zoning are also permitted outright or as an administrative conditional use, subject to the same use regulations, development standards and administrative conditional use criteria that govern the similar use.

B. The following uses in public facilities are permitted outright in all multifamily zones if the development standards for institutions in Sections 23.45.570, other than dispersion requirements, are met:

1. Police precinct stations;

2. Fire stations;

3. Public boat moorages;

4. Utility service uses; and

5. Other uses similar to any of the uses listed in this subsection 23.51A.004.B.

C. Unless specifically prohibited in subsection D of this Section 23.51A. 004, new public facilities not specifically listed in subsection A or B of this Section 23.51A.004, or that are listed in subsection A or B of this Section 23.51A.004 but do not meet applicable development standards or administrative conditional use criteria, may be permitted by the City Council according to the provisions of Chapter 23.76, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. In making the decision, the Council may waive or grant departures from development standards or administrative conditional use criteria for public facilities, if the following criteria are satisfied:

1. The location of the public facility addresses public service needs, and any waiver or departure from development standards or administrative conditional use criteria is necessitated by those public service delivery needs; and

2. The impact of the public facility on surrounding properties has been addressed in the design, siting, landscaping and screening of the facility.

D. The following public facilities are prohibited in all multifamily zones:

1. Jails;

2. Work-release centers;

3. Bus bases;

4. Park and ride lots;

5. Sewage treatment plants;

6. Animal control shelters; and

7. Post office distribution centers.

E. Expansion of uses in public facilities.

1. Major expansion. Major expansion of public facilities that are permitted by subsection C of this Section 23.51A.004 may be approved by the City Council, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as a Type V land use decisions, subject to the criteria of subsections C.1 and C.2 of this Section 23.51A.004. A major expansion of a public facility occurs if an expansion would not meet development standards or, except for expansion of the Washington State Convention and Trade Center, the area of the expansion would exceed either 750 square feet or 10 percent of the existing area of the use, whichever is greater. A major expansion of the Washington State Convention and Trade Center is one that is 12,000 square feet or more in size. For the purposes of this subsection 23.51A.004.E.1, "area of the use" includes gross floor area and outdoor area devoted actively to that use, excluding parking.

2. Minor expansion. An expansion of a public facility that is not a major expansion is a minor expansion. Minor expansions to uses in public facilities that are permitted by subsections A, B, or C of this Section 23.51A.004 are permitted outright.

F. Essential public facilities will be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

G. Uses in existing or former public schools:

1. Child care centers, preschools, public or private schools, educational and vocational training for the disabled, adult evening education classes, nonprofit libraries, community centers, community programs for the elderly and similar uses are permitted in existing or former public schools.

2. Other non-school uses are permitted in existing or former public schools pursuant to procedures established in Chapter 23.78, Establishment of Criteria for Joint Use or Reuse of Schools.

(Ord. 123495, § 57, 2011; Ord. No. 123209, § 12, 2009.)

Chapter 23.51B
PUBLIC SCHOOLS IN RESIDENTIAL ZONES

Sections:

23.51B.002 Public schools in residential zones

23.51B.002 Public schools in residential zones

Public schools in all single family and multifamily zones are subject to the following development standards unless otherwise indicated:

A. New public schools or additions to existing public schools and accessory uses including child care centers that meet the applicable development standards of this Chapter 23.51B are permitted outright.

B. Departures from development standards may be permitted or required pursuant to procedures and criteria established in Chapter 23.79, Establishment of Development Standard Departure for Public Schools.

C. Lot Coverage in Single Family Zones

1. For new public school construction on new public school sites the maximum lot coverage permitted for all structures is 45 percent of the lot area for one story structures or 35 percent of the lot area if any structure or portion of a structure has more than one story.

2. For new public school construction and additions to existing public school structures on existing public school sites, the maximum lot coverage permitted is the greater of the following:

a. The lot coverage permitted in subsection 23.51B.002.C.1; or

b. The lot coverage of the former school structures on the site, provided that the height of the new structure or portion of structure is no greater than that of the former structures when measured according to Section 23.86.006.F, and at least 50 percent of the footprint of the new principal structure is constructed on a portion of the lot formerly occupied by the footprint of the former principal structure.

3. Departures from lot coverage limits may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79. Up to 55 percent lot coverage may be allowed for single-story structures, and up to 45 percent lot coverage for structures of more than one story. Lot coverage restrictions may be waived by the Director as a Type I decision when waiver would contribute to reduced demolition of residential structures.

4. The exceptions to lot coverage set forth in subsection 23.44.010.D apply.

D. Height

1. Single Family and Lowrise Zones

a. For new public school construction on new public school sites, the maximum permitted height is 30 feet plus 5 feet for a pitched roof. For gymnasiums and auditoriums that are accessory to the public school, the maximum permitted height is 35 feet plus 10 feet for a pitched roof if all portions of the structure above 30 feet are set back at least 20 feet from all lot lines. All parts of a pitched roof above the height limit must be pitched at a rate of not less than 4:12. No portion of a shed roof on a gymnasium or auditorium is permitted to extend above the 35 foot height limit under this provision.

b. For new public school construction on existing public school sites, the maximum permitted height is 35 feet plus 15 feet for a pitched roof. All parts of the roof above the height limit must be pitched at a rate of not less than 4:12. No portion of a shed roof is permitted to extend beyond the 35 foot height limit under this provision.

c. For additions to existing public schools on existing public school sites, the maximum height permitted is the height of the existing school or 35 feet plus 15 feet for a pitched roof, whichever is greater. When the height limit is 35 feet, the ridge of the pitched roof on a principal structure may extend up to 15 feet above the height limit, and all parts of the roof above the height limit must be pitched at a rate of not less than 4:12. No portion of a shed roof is permitted to extend beyond the 35 foot limit under this provision.

2. Midrise and Highrise Zones. The maximum permitted height for any public school located in a MR or HR zone is the base height permitted in that zone for multifamily structures.

3. In Lowrise zones, departures from height limits may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79. For construction of new structures on new and existing public school sites to the extent not otherwise permitted outright, the maximum height that may be granted as a development standard departure is 35 feet plus 15 feet for a roof pitched at a rate of not less than 4:12 for elementary schools and 60 feet plus 15 feet for a roof pitched at a rate of not less than 4:12 for secondary schools. No departures may be granted for a portion of a shed roof to extend beyond 35 feet in height under this provision.

4. Height maximums in all residential zones may be waived by the Director as a Type I decision when the waiver would contribute to reduced demolition of residential structures.

5. The provisions of subsection B of Section 23.44.012 and the exemptions of subsection C of Section 23.44.012 apply.

6. Light Standards

a. Light standards for illumination of athletic fields on new and existing public school sites may be allowed to exceed the maximum permitted height, up to a maximum height of 100 feet, if the Director determines that the additional height is necessary to ensure adequate illumination and that impacts from light and glare are minimized to the greatest extent practicable. The applicant must submit an engineer's report demonstrating that impacts from light and glare are minimized to the greatest extent practicable. When proposed light standards are reviewed as part of a project being reviewed pursuant to Chapter 25.05, Environmental Policies and Procedures, and requiring a SEPA determination, the applicant must demonstrate that the additional height contributes to a reduction in impacts from light and glare.

b. When proposed light standards are not included in a proposal being reviewed pursuant to Chapter 25.05, the Director may permit the additional height as a special exception subject to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

1) When seeking a special exception for taller light standards, the applicant must submit an engineer's report demonstrating that the additional height contributes to a reduction in impacts from light and glare. When the proposal will result in extending the lighted area's duration of use, the applicant must address and mitigate potential impacts, including but not limited to, increased duration of noise, traffic, and parking demand. The applicant also shall conduct a public workshop for residents within 1/8 of a mile of the affected school in order to solicit comments and suggestions on design as well as potential impacts.

2) The Director may condition a special exception to address negative impacts from light and glare on surrounding areas, and conditions may also be imposed to address other impacts associated with increased field use due to the addition of lights, including, but not limited to, increased noise, traffic, and parking demand.

E. Setbacks

1. General Requirements

a. No setbacks are required for new public school construction or for additions to existing public school structures for that portion of the site across a street or an alley or abutting a lot in a nonresidential zone. If any portion of the site is across a street or an alley from or abuts a lot in a residential zone, setbacks are required for areas facing or abutting residential zones, as provided in subsections E.2 through E.5 of this Section 23.51B.002. Setbacks for sites across a street or alley from or abutting lots in Residential-Commercial (RC) zones are based upon the residential zone classification of the RC lot.

b. The minimum setback requirement may be averaged along the structure facade with absolute minimums for areas abutting lots in residential zones as provided in subsections E.2.b, E.3.b and E.4.b of this Section 23.51B.002.

c. Trash disposals, operable windows in a gymnasium, main entrances, play equipment, kitchen ventilators or other similar items shall be located at least 30 feet from any single-family zoned lot and 20 feet from any multi-family zoned lot.

d. The exceptions of subsections 23.44.014.D.5, D.6, D.7, D.8, D.9, D.10, D.11 and D.12 apply.

2. New public school construction on new public school sites.

a. New public school construction on new public school sites across a street or alley from lots in residential zones shall provide minimum setbacks according to the height of the school and the designation of the facing residential zone, as shown in Table A for 23.51B.002:

Table A for 23.51B.002: Minimum Setbacks for a New Public School Site Located Across a Street or Alley from a Residential Zone
Minimum Setbacks Across a Street or Alley from the Following Zones (in feet):
HeightSF/L1LR2/LR3MRHR
Average
20 or less151050
Greater than 20 up to 35151050
Greater than 35 up to 50201550
Greater than 503520100

b. New public school construction on new public school sites abutting lots in residential zones shall provide minimum setbacks according to the height of the school and the designation of the abutting residential zone, as shown in Table B for 23.51B.002:

Table B for 23.51B.002: Minimum Setbacks for a New Public School Site Abutting a Residential Zone
Minimum Setbacks Abutting the Following Zones (in feet):
HeightSF/LR1LR2/LR3MRHR
Average (minimum)
20 or less20 (10)15(10)10(5)0
Greater than 20 up to 3525(10)15(10)10(5)0
Greater than 35 up to 5025(10)20(10)10(5)0
Greater than 5030(15)25(10)15(5)0

3. New public school construction on existing public school sites.

a. New public school construction on existing public school sites across a street or alley from lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the I height of the school and the designation of the facing residential zone as shown in Table C for 23.51B.002, whichever is less:

Table C for 23.51B.002: Minimum Setbacks for New Construction on an Existing Public School Site Located Across a Street or Alley from a Residential Zone
Minimum Setbacks If Across a Street or Alley from the Following Zones (in feet):
Façade HeightSF/LR1LR2/LR3MRHR
Average
20 or less10550
Greater than 20 up to 3510550
Greater than 35 up to 50151050
Greater than 502015100

b. New public school construction on existing public school sites abutting lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the height of the school and the designation of the abutting residential zone, as shown in Table D for 23.51B.002, whichever is less:

Table D for 23.51B.002: Minimum Setbacks for New Construction on an Existing Public School Site Abutting a Residential Zone
Minimum Setbacks Abutting the Following Zones (in feet):
Façade HeightSF/LR1LR2/LR3MRHR
Average (minimum)
20 or less15(10)10(5)10(5)0(0)
Greater than 20 up to 3520(10)15(10)10(5)0(0)
Greater than 35 up to 5025(10)20(10)10(5)0(0)
Greater than 5030(15)25(10)15(5)0(0)

4. Additions to Existing Public School Structures on Existing Public School Sites.

a. Additions to existing public school structures on existing public school sites across a street or alley from lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the height of the school and the designation of the facing residential zone as shown in Table E for 23.51B.002, whichever is less:

Table E for 23.51B.002: Minimum Setbacks for Additions on an Existing Public School Site Located Across a Street or Alley
Minimum Setbacks (in feet) If Located Across a Street or Alley from:
Façade HeightSF/LR1LR2/LR3MRHR
Average
20 or less5550
Greater than 20 up to 3510550
Greater than 35 up to 50151050
Greater than 502015100

b. Additions to public schools on existing public school sites abutting lots in residential zones shall provide either the setback of the previous structure on the site or minimum setbacks according to the height of the school and the designation of the abutting residential zone as shown in Table F for 23.51B.002, whichever is less:

Table F for 23.51B.002: Minimum Setbacks for Additions on an Existing Public School Site Abutting a Residential Zone
Minimum Setbacks by Abutting Zone (in feet):
Façade HeightSF/LR1LR2/LR3MRHR
Average (minimum)
20 or less10(5)10(5)10(5)0(0)
Greater than 20 up to 3515(5)10(5)10(5)0(0)
Greater than 35 up to 5020(10)20(10)10(5)0(0)
Greater than 5025(10)25(10)15(5)0(0)

5. Departures from setback requirements may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 as follows:

a. The minimum average setback may be reduced to 10 feet and the minimum setback to 5 feet for structures or portions of structures across a street or alley from lots in residential zones.

b. The minimum average setback may be reduced to 15 feet and the minimum setback to 5 feet for structures or portions of structures abutting lots in residential zones.

c. The limits in subsections E.5.a and E.5.b of this Section 23.51B.002 may be waived by the Director if a waiver would contribute to reduced demolition of residential structures.

F. Structure Width.

1. When a new public school structure is built on a new public school site or on an existing public school site, the maximum width of a structure is 66 feet unless either the modulation option in subsection F.1.a below or the landscape option in subsection 23.51B.002.F.1.b below is met.

a. Modulation Option. Facades shall be modulated according to the following provisions:

1) The minimum depth of modulation is 4 feet.

2) The minimum width of modulation is 20 percent of the total structure width or 10 feet, whichever is greater.

b. Landscape Option. The yards provided by the required setbacks shall be landscaped as follows:

1) One tree and three shrubs are required for each 300 square feet of required yard.

2) Trees and shrubs that already exist in the required planting area or have their trunk or center within 10 feet of the area may be substituted for required plantings on a one-tree-to-one-tree or one-shrub- to-one-shrub basis. In order to qualify, a tree must be 6 inches or greater in diameter, measured 4.5 feet above the ground.

3) The planting of street trees may be substituted for required trees on a one-to-one basis. All street trees shall be planted according to City of Seattle tree planting standards.

4) Each setback required to be landscaped shall be planted with shrubs, grass, and/or evergreen ground cover.

5) Landscape features such as decorative paving are permitted to a maximum of 25 percent of each required landscaped area.

6) A plan shall be filed showing the layout of the required landscaping.

7) The School District shall maintain all landscape material and replace any dead or dying plants.

2. There is no maximum width limit for additions to existing public school structures on existing public school sites. The Director may require landscaping to reduce the appearance of bulk.

3. Departures from the modulation and landscaping standards may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to permit other techniques to reduce the appearance of bulk. Techniques to reduce the appearance of bulk may be waived by the Director as a Type I decision when the waiver would contribute to reduced demolition of residential structures.

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

H. Parking Location. Parking may be located:

1. Within the principal structure; or

2. On any portion of the lot except the front setback, provided that the parking is separated from streets and from abutting lots in residential zones by an area with a minimum depth of 5 feet that is landscaped with trees and ground cover determined by the Director, as a Type I decision, as adequate to soften the view of the parking from adjacent properties. In the case of a through lot, parking may also be located in one front setback when landscaped as described in this subsection;

3. Departures may be granted or required pursuant to the procedures set forth in Chapter 23.79 to permit parking location anywhere on the lot and to reduce required landscaping. Landscaping may be waived in whole or in part if the topography of the site or other circumstances result in the purposes of landscaping being served, as, for example, when a steep slope shields parking from the view of abutting properties. This test may be waived by the Director, as a Type I decision, when waiver would contribute to reduced demolition of residential structures.

I. Bus and Truck Loading and Unloading.

1. Unless subsection I.4 of this section 23.51B.002 applies, an off-street bus loading and unloading area of a size reasonable to meet the needs of the school shall be provided and may be located in any required yard. The bus loading and unloading area may be permitted in landscaped areas provided under subsection 23.51B.002.F.1.b if the Director determines that landscaping around the loading and unloading area softens the impacts of its appearance on abutting properties.

2. One off-street truck loading berth that is 13 feet wide and 40 feet long is required for new public school construction.

3. Departures from the requirements and standards for bus and truck loading and unloading areas and berths may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 only when departure would contribute to reduced demolition of residential structures.

4. When a public school is remodeled or rebuilt at the same site, an existing on-street bus loading area is allowed if the following conditions are met:

a. The school site is not proposed to be expanded;

b. The student capacity of the school is not being expanded by more than 25 percent; and

c. The location of the current on-street bus loading remains the same.

J. Noise, Odor, Light and Glare. The development standards for small institutions set forth in Section 23.45.570 apply. Departures from these standards may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 only when departure would contribute to reduced demolition of residential structures.

(Ord. 123495, § 58, 2011; Ord. No. 123209, § 8, 2009.)

Chapter 23.52
TRANSPORTATION CONCURRENCY PROJECT REVIEW SYSTEM

Sections:

23.52.002 Categorical exemptions.

23.52.004 Requirement to meet transportation concurrency level-of-service standards.

23.52.006 Effect of not meeting transportation concurrency LOS standards.

23.52.002 Categorical exemptions.

Construction of a new structure and/or parking lot, expansion of existing structure and/or parking lot, and/or changes of use that are categorically exempt from SEPA review under Chapter 25.05 are exempt from this chapter. Projects that are categorically exempt from SEPA review but are otherwise subject to SEPA due to their location within an environmentally critical area are exempt from this chapter.

(Ord. 117383 § 9 (part), 1994.)

23.52.004 Requirement to meet transportation concurrency level-of-service standards.

Unless exempt under Section 23.52.002, a proposed use or development must demonstrate that the traffic forecasted to be generated by the use or development will not cause the transportation concurrency level-of-service (LOS) at an applicable screenline, measured as the volume-to-capacity ratio (v/c), to exceed the LOS standard for that screenline. Screenlines are shown in Exhibit 23.52.004 A. LOS standards for those screenlines are shown in Exhibit 23.52.004 B. "Applicable screenlines" means up to four (4) of the screenlines shown in Exhibit 23.52.004 A as specified for a particular proposed use or development by the Director.

(Ord. 117383 § 9 (part), 1994.)

{/PICK;23-52-004-1;38p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-52-004-1.tif;38p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.
Exhibit 23.52.004 B Transportation Level-of-Service (LOS) Standards
Screenline NumberScreenline LocationSegmentDirection1990 V/C RatioLOS Standard
1.11North City Limit3rd Ave. NW toNB0.881.20
Aurora Ave. NSB0.47
1.12North City LimitMeridian Ave. N toNB0.761.20
15th Ave. NESB0.31
1.13North City Limit30th Ave. NE toNB0.991.20
Lake City Way NESB0.50
2MagnoliaEB0.491.00
WB0.66
3.11Duwamish RiverWest Seattle Fwy.EB0.511.20
and Spokane St.WB0.97
3.12Duwamish River1st Ave. S andNB0.951.20
16th Ave. SSB1.01
4.11South City LimitM.L. King Jr. WayNB0.291.00
to Rainier Ave. SSB0.53
4.12South City LimitMarine Dr. SW toNB0.241.00
Meyers Way SSB0.31
4.13South City LimitSR 99 toNB0.411.00
Airport Way SSB0.54
5.11Ship CanalBallard BridgeNB1.061.20
SB0.58
5.12Ship CanalFremont BridgeNB0.971.20
SB0.58
5.13Ship CanalAurora Ave. NNB0.961.20
SB0.58
5.16Ship CanalUniversity andNB0.971.20
Montlake BridgesSB0.83
6.11South of NW 80th St.Seaview Ave. NWNB0.411.00
to 15th Ave. NWSB0.29
6.12South of N(W) 80th St.8th Ave. NW toNB0.411.00
Greenwood Ave. NSB0.20
6.13South of N(E) 80th St.Linden Ave. N toNB0.511.00
1st Ave. NESB0.39
6.14South of NE 80th St.5th Ave. NE toNB0.751.00
15th Ave. NESB0.60
6.15South of NE 80th St.20th Ave. NE toNB0.491.00
Sand Point Way NESB0.26
7.11West of Aurora Ave.Fremont Pl. N toEB0.391.00
N 65th St.WB0.56
7.12West of Aurora Ave.N 80th St. toEB0.411.00
N 145th StWB0.51
8South of Lake UnionEB0.961.20
WB0.97
9.11South of Spokane St.Beach Dr. SW toNB0.371.00
W Marginal Way SWSB0.58
9.12South of Spokane St.E Marginal Way S toNB0.341.00
Airport Way SSB0.71
9.13South of Spokane St.15th Ave. S toNB0.341.00
Rainier Ave. SSB0.71
10.11South of S Jackson St.Alaskan Way S toNB0.621.00
4th Ave. SSB0.83
10.12South of S Jackson St.12th Ave. S toNB0.371.00
Lakeside Ave. SSB0.71
12.12East of CBDEB0.631.20
WB0.83
13.11East of 1-5NE Notthgate Way toEB0.721.00
NE 145th StWB0.53
13.12East of 1-5NE 65th St. toEB0.441.00
NE 80th St.WB0.47
13.13East of 1-5NE Pacific St. toEB0.621.00
NE Ravena Blvd.WB0.76

23.52.006 Effect of not meeting transportation concurrency LOS standards.

If a proposed use or development does not meet the LOS standards at one (1) or more applicable screenline(s), the proposed use or development may be approved if the Director concludes that an improvement(s) will be completed and/or a strategy(ies) will be implemented that will result in the proposed use or development meeting the LOS standard(s) at all applicable screenline(s) at the time of development, or that a financial commitment is in place to complete the improvement(s) and/or implement the strategy(ies) within six (6) years. Eligible improvements or strategies may be funded by the City, by other government agencies, by the applicant, or by another person or entity.

(Ord. 117383 § 9 (part), 1994.)

Chapter 23.53
REQUIREMENTS FOR STREETS, ALLEYS, AND EASEMENTS

Sections:

23.53.004 Requirements and design criteria.

23.53.005 Access to lots

23.53.006 Pedestrian access and circulation

23.53.010 Improvement requirements for new streets in all zones

23.53.015 Improvement requirements for existing streets in residential and commercial zones

23.53.020 Improvement requirements for existing streets in industrial zones

23.53.025 Access easement standards

23.53.030 Alley improvements in all zones

23.53.035 Structural building overhangs.

23.53.004 Requirements and design criteria.

Where, because of specific site conditions, the requirements of this chapter do not protect public health, safety and welfare, the Director of Transportation and the Director of Planning and Development together may impose different or additional right-of-way improvement requirements consistent with the Right-of-Way Improvements Manual.

(Ord. 122205, § 6, 2006.)

23.53.005 Access to lots

A. Street or Private Easement Abutment Required.

1. For residential uses, at least 10 feet of a lot line shall abut on a street or on a private permanent vehicle access easement meeting the standards of Section 23.53.025; or the provisions of subsection 23.53.025.F for pedestrian access easements shall be met.

2. For nonresidential uses that do not provide parking, at least 5 feet of a lot line shall abut on a street or on a private permanent vehicle access easement meeting the standards of Section 23.53.025, or the provisions of Section 23.53.025.F for pedestrian access easements to residential uses shall be met.

3. For nonresidential uses and live-work units that provide parking, an amount of lot line sufficient to provide the required driveway width shall abut on a street, or on an alley improved to the standards of Section 23.53.030, or on a private permanent vehicle access easement to a street meeting the standards of Section 23.53.025. If no vehicular access is required or provided, then pedestrian access meeting the provisions of Section 23.53.025.F for pedestrian access easements to residential uses shall be met.

B. New Easements. When a new private easement is proposed for vehicular access to a lot, the Director may instead require access by a street when one (1) or more of the following conditions exist:

1. Where access by easement would compromise the goals of the Land Use Code to provide for adequate light, air and usable open space between structures;

2. If the improvement of a dedicated street is necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage;

3. If improvement of a dedicated street is necessary or desirable in order to provide on-street parking for overflow conditions;

4. Where it is demonstrated that potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines;

5. If the dedication and improvement of a street would provide better and/or more identifiable access for the public or for emergency vehicles; or

6. Where a potential exists for extending the street system.

(Ord. 123649, § 33, 2011; Ord. 121196 § 19, 2003; Ord. 115568 § 4, 1991; Ord. 115326 § 26(part), 1990.)

23.53.006 Pedestrian access and circulation

A. General Requirements. Pedestrian access and circulation are required on all streets in all zones as set forth in this Section. Pedestrian access and circulation improvements shall meet the standards in the Right-of-Way Improvements Manual for sidewalks and pedestrian walkways. The regulations in this section are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.

B. Dedication of New Streets. Sidewalks and curbs are required when new streets are dedicated.

C. Within Urban Centers and Urban Villages. Within Urban Centers and Urban Villages, sidewalks are required whenever new lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, and whenever development is proposed that abuts any existing street without a sidewalk, in any zone, except as specified in subsection 23.53.006.F.

D. Outside Urban Centers and Urban Villages. Outside of Urban Centers and Urban Villages, sidewalks are required on an existing street in any of the following circumstances, except as provided in subsection 23.53.006.F

1. In any zone with a pedestrian designation, sidewalks are required if new lots are created through the platting process including full and short subdivisions and unit lot subdivisions, and if development is proposed.

2. On streets designated on Map A for 23.50.016, sidewalks are required if new lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, and if development is proposed. Sidewalks are required only for the portion of the lot that abuts the designated street.

3. On arterials, except in IG1 and IG2 zones and on lots in IB zones that are not directly across the street from or abutting a lot in a residential or commercial zone, sidewalks are required if new lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, and if development is proposed. Sidewalks are required only for the portion of the lot that abuts the arterial.

4. In SF and LR1 zones, sidewalks are required if ten or more lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, or if ten or more dwelling units are developed.

5. Outside of SF and LR1 zones, except in IG1 and IG2 zones and on lots in IB zones that are not directly across the street from or abutting lot in a residential or commercial zone, sidewalks are required if six or more lots are created through the platting process, including full and short subdivisions and unit lot subdivisions, or if six or more dwelling units are developed.

6. In all zones, except IG1 and IG2 zones and on lots in IB zones that are not directly across the street from or abutting a lot in a residential or commercial zone, sidewalks are required if the following nonresidential uses are developed:

a. 750 square feet or more of gross floor area of major and minor vehicle repair uses and multipurpose retail sales; or

b. 4,000 square feet or more of nonresidential uses not listed in subsection 23.53.006.D.6.a.

E. Requirements for Pedestrian Walkways in Certain Industrial Zones. In IG1 and IG2 zones, and on lots in IB zones that are not directly across the street from or abutting lot in a residential or commercial zone, whenever development is proposed on existing streets that do not have curbs, a pedestrian walkway is required, except as provided in subsection 23.53.006.F.

F. Exceptions. The following exceptions to pedestrian access and circulation requirements and standards apply:

1. Projects Exempt from Requirements. Pedestrian access and circulation improvements are not required for the following types of projects:

a. changes of use;

b. alterations to existing structures;

c. additions to existing structures that are exempt from environmental review;

d. construction of a detached structure accessory to a single-family dwelling unit located in any zone, if the property owner enters into a no-protest agreement, as authorized by RCW Chapter 35.43, to future pedestrian access and circulation improvements and that agreement is recorded with the King County Department of Records and Elections;

e. construction of a single-family dwelling unit on a lot in any zone, if the property owner enters into a no-protest agreement, as authorized by RCW Chapter 35.43, to future pedestrian access and circulation improvements and that agreement is recorded with the King County Department of Records and Elections, and if at least one of the following conditions is met:

1) the lot is located on a block front where there are no existing pedestrian access and circulation improvements within 100 feet of the lot; or

2) construction of pedestrian access and circulation improvements is not necessary because, for example, the existing right-of-way has suitable width and surface treatment for pedestrian use; or the existing right-of-way has a limited amount of existing and potential vehicular traffic; or the Director anticipates limited, if any, additional development near the lot because the development near the lot is at or near zoned capacity under current zoning designations.

f. expansions of surface parking, outdoor storage, outdoor sales and outdoor display of rental equipment of less than 20 percent of the parking, storage, sales or display area, or number of parking spaces; and

g. in IG1 and IG2 zones, and on lots in IB zones that are not directly across the street from or abutting a lot in a residential or commercial zone, the addition of:

1) fewer than ten artist's studio dwellings;

2) less than 750 square feet of gross floor area of major and minor vehicle repair uses and multipurpose retail sales; and

3) Less than 4,000 square feet of gross floor area of nonresidential uses not listed in subsection 23.53.006.F.1.g.2.

2. Waiver or Modification of Pedestrian Access and Circulation Requirements.

a. The Director, in consultation with the Director of Transportation, may waive or modify pedestrian access and circulation requirements when one or more of the following conditions are met. The waiver or modification shall provide the minimum relief necessary to accommodate site conditions while maximizing pedestrian access and circulation.

1) Location in an environmentally critical area or buffer makes installation of a sidewalk impractical or undesirable;

2) The existence of a bridge, viaduct or structure such as a substantial retaining wall in proximity to the project site makes installation of a sidewalk impractical or undesirable;

3) Sidewalk construction would result in undesirable disruption of existing drainage patterns, or disturbance to or removal of natural features such as significant trees or other valuable and character-defining mature vegetation; or

4) Sidewalk construction would preclude vehicular access to the lot, for example on project sites where topography would render driveway access in excess of the maximum 20 percent slope.

3. Deviation from Sidewalk Standards. The Director of Transportation may grant a deviation from sidewalk standards specified in the Right-of-Way Improvements Manual through the Deviation Request Process in order to address environmental and sustainability issues through the use of an alternative sidewalk design and/or materials.

4. Notwithstanding any provision of Section 23.76.026, the applicant for a Master Use Permit or a building permit to which the Land Use Code in effect prior to the effective date of the ordinance enacting this subsection F.4 applies may, by written election, use the exemptions in subsections 23.53.006.F.1, F.2, and F.3.

(Ord. 123589, § 66, 2011; Ord. 123495, § 59, 2011; Ord. 123104, § 1, 2009; Ord. 122615, § 7, 2007.)

23.53.010 Improvement requirements for new streets in all zones

A. General Requirements. New streets created through the platting process or otherwise dedicated shall meet the requirements of this chapter and the Right-of-Way Improvements Manual.

B. Required right-of-way widths for new streets.

1. Arterial and downtown streets. New streets located in downtown zones, and new arterials, shall be designed according to the Right-of-Way Improvements Manual.

2. Nonarterials not in downtown zones.

a. The required right-of-way widths for new nonarterial streets not located in downtown zones shall be as shown on Table A for Section 23.53.010:

Table A for Section 23.53.010
Zone CategoryRequired Right-of-Way Width
1. SF, LR1, NC150 feet
2. LR2, LR3, NC256 feet
3. MR, HR, NC3, C1, C2, SCM, IB, IC60 feet
4. IG1, IG266 feet

b. If a block is split into more than one zone, the required right-of-way width is determined based on the requirement in Table A for Section 23.53.010 for the zone category with the most frontage. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum right-of-way width.

3. Exceptions to required right-of-way widths. The Director, after consulting with the Director of Transportation, may reduce the required right-of-way width for a new street if its location in an environmentally critical area or buffer, disruption of existing drainage patterns, or the presence of natural features such as significant trees makes the required right-of-way width impractical or undesirable.

(Ord. 123495, § 60, 2011; Ord. 123046, § 65, 2009; Ord. 122205, § 7, 2006; Ord. 122050 § 11, 2006; Ord. 121782 § 26, 2005; Ord. 118409 § 195, 1996: Ord. 118302 § 10, 1996; Ord. 116262 § 14, 1992; Ord. 115326 § 26(part), 1990.)

23.53.015 Improvement requirements for existing streets in residential and commercial zones

A. General requirements.

1. If new lots are proposed to be created, or if any type of development is proposed in residential or commercial zones, existing streets abutting the lot(s) are required to be improved in accordance with this Section 23.53.015 and Section 23.53.006, Pedestrian access and circulation. A setback from the lot line, or dedication of right-of-way, may be required to accommodate the improvements. One or more of the following types of improvements may be required under this Section 23.53.015:

a. Pavement;

b. Curb installation;

c. Drainage;

d. Grading to future right-of-way grade;

e. Design of structures to accommodate future right-of-way grade;

f. No-protest agreements; and

g. Planting of street trees and other landscaping.

2. Subsection 23.53.015.D contains exceptions from the standard requirements for street improvements, including exceptions for streets that already have curbs, projects that are smaller than a certain size, and for special circumstances, such as location in an environmentally critical area or buffer.

3. Off-site improvements, such as provision of drainage systems or fire access roads, shall be required pursuant to the authority of this Code or other ordinances to mitigate the impacts of development.

4. Detailed requirements for street improvements are located in the Right-of-Way Improvements Manual.

5. The regulations in this Section 23.53.015 are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.

6. Minimum right-of-way widths.

a. Arterials. The minimum right-of-way widths for arterials designated on the Arterial street map, Section 11.18.010, are as specified in the Right-of-Way Improvements Manual.

b. Nonarterial streets.

1) The minimum right-of-way width for an existing street that is not an arterial designated on the Arterial street map, Section 11.18.010, is as shown on Table A for 23.53.015.

Table A for 23.53.015: Minimum Right-of-Way Widths for Existing Nonarterial Streets
Zone CategoryRequired Right-of-Way Width
1.SF, LR1, LR2 and NC1 zones; and NC2 zones with a maximum height limit of 40 feet or less40 feet
2.LR3, MR, HR, NC2 zones with height limits of more than 40 feet, NC3, C1, C2 and SM zones52 feet

2) If a block is split into more than one zone, the required right-of-way width shall be determined based on the requirements in Table A for 23.53.015 for the zone category with the most frontage. If the zone categories have equal frontage, the minimum right-of-way width is 52 feet.

B. Improvements to Arterial Streets. Except as provided in Subsection 23.53.015.D, arterials shall be improved according to the following requirements:

1. If a street is designated as an arterial on the Arterial street map, Section 11.18.010, a paved roadway with a curb and pedestrian access and circulation as required by Section 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

2. If necessary to accommodate the right-of-way and roadway widths specified in the Right-of-Way Improvements Manual, dedication of right-of-way is required.

C. Improvements to Non-arterial Streets. Except as provided in subsection D of this section, non-arterial streets shall be improved according to the following requirements:

1. Non-arterial Streets With Right-of-Way Greater Than or Equal to the Minimum Right-of-Way Width.

a. Improvement requirements. When an existing non-arterial street right-of-way is greater than or equal to the minimum right-of-way width established in subsection A6, a paved roadway with pedestrian access and circulation as required by 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided, as specified in the Right-of-Way Improvements Manual.

b. Fire Access. If the lot does not have vehicular access from a street or private easement that meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code,1 such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative that provides adequate emergency vehicle access.

c. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Right-of-Way Improvements Manual. The Director, in consultation with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

2. Non-arterial Streets With Less Than the Minimum Right-of-Way Width.

a. Dedication Requirement. When an existing nonarterial street has less than the minimum right-of-way width established in subsection A6 of this section, dedication of additional right-of-way equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section is required; provided, however, that if right-of-way has been dedicated since 1982, other lots on the block shall not be required to dedicate more than that amount of right-of-way.

b. Improvement Requirement. A paved roadway with pedestrian access and circulation as required by 23.53.006, drainage facilities and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

c. Fire Access. If the lot does not have vehicular access from a street or private easement that meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative that provides adequate emergency vehicle access.

d. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround as specified in the Right-of-Way Improvements Manual. The Director, in consultation with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

D. Exceptions.

1. Streets with existing curbs.

a. Streets with right-of-way greater than or equal to the minimum right-of-way width. If a street with existing curbs abuts a lot and the existing right-of-way is greater than or equal to the minimum width established in subsection 23.53.015.A.6, but the roadway width is less than the minimum established in the Right-of-Way Improvements Manual, the following requirements shall be met:

1) All structures on the lot shall be designed and built to accommodate the grade of the future street improvements.

2) A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Recorder.

3) Pedestrian access and circulation is required as specified in 23.53.006.

b. Streets with less than the minimum right-of-way width. If a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection 23.53.015.A.6, the following requirements shall be met:

1) Setback Requirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection 23.53.015.A.6 is required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. In all residential zones except Highrise zones, an additional 3 foot setback is also required. The area of the setback may be used to meet any development standard, except that required parking may not be located in the setback. Underground structures that would not prevent the future widening and improvement of the right-of-way may be permitted in the required setback by the Director after consulting with the Director of Transportation.

2) Grading requirement. If a setback is required, all structures on the lot shall be designed and built to accommodate the grade of the future street, as specified in the Right-of-Way Improvements Manual.

3) No-protest agreement requirement. A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Recorder.

4) Pedestrian access and circulation is required as specified in 23.53.006.

2. Projects with reduced improvement requirements.

a. One or two dwelling units. If no more than two new dwelling units are proposed to be constructed, or no more than two new single-family zoned lots are proposed to be created, the following requirements shall be met:

1) If there is no existing hard-surfaced roadway, a crushed-rock roadway at least 16 feet in width is required, as specified in Director's Rule 22-2005, Right-of-Way Improvements Manual.

2) All structures on the lot(s) shall be designed and built to accommodate the grade of the future street improvements.

3) A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Recorder.

4) Pedestrian access and circulation is required as specified in by Section 23.53.006.

b. Other projects with reduced requirements. The types of projects listed in this subsection 23.53.015.D.2.b are exempt from right-of-way dedication requirements and are subject to the street improvement requirements of this subsection 23.53.015.D.2.b, except as waived or modified pursuant to subsection 23.53.015.D.3:

1) Types of projects.

a) Proposed developments that contain more than two but fewer than ten units in SF, RSL, and LR1 zones, or fewer than six residential units in all other zones, or proposed short plats in which no more than two additional lots are proposed to be created, except as provided in Section 23.53.015.D.2.a;

b) The following uses if they are smaller than 750 square feet of gross floor area: major and minor vehicle repair uses, and multipurpose retail sales uses;

c) Non-residential structures that have less than 4,000 square feet of gross floor area and that do not contain uses listed in subsection 23.53.015.D.2.b.1.b that are larger than 750 square feet;

d) Structures containing a mix of residential uses and either nonresidential uses or live-work units, if there are fewer than ten units in SF, RSL, and LR1 zones, or fewer than six residential units in all other zones, and the square footage of nonresidential use is less than specified in subsections 23.53.D.2.b.1).b) and D.2.b.1).c);

e) Remodeling and use changes within existing structures;

f) Additions to existing structures that are exempt from environmental review; and

g) Expansions of surface parking, outdoor storage, outdoor sales or outdoor display of rental equipment of less than 20 percent of the parking, storage, sales or display area or number of parking spaces.

2) Paving requirement. For the types of projects listed in subsection 23.53.015.D.2.b.1, the streets abutting the lot shall have a hard-surfaced roadway at least 18 feet wide. If there is not an 18 foot wide hard-surfaced roadway, the roadway shall be paved to a width of at least 20 feet from the lot to the nearest hard-surfaced street meeting this requirement, or 100 feet, whichever is less. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround as specified in the Right-of-Way Improvements Manual. As a Type 1 decision, the Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

3) Other requirements. The requirements of subsection 23.53.015.D.1.b shall also be met.

3. Exceptions from required street improvements. As a Type 1 decision, the Director, in consultation with the Director of Transportation, may waive or modify the requirements for paving and drainage, dedication, setbacks, grading, no-protest agreements, landscaping, and curb installation if one or more of the following conditions are met. The waiver or modification shall provide the minimum relief necessary to accommodate site conditions while maximizing access and circulation.

a. Location in an environmentally critical area or buffer, disruption of existing drainage patterns, or removal of natural features such as significant trees or other valuable and character-defining mature vegetation makes widening and/or improving the right-of-way impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall in proximity to the project site makes widening and/or improving the right-of-way impractical or undesirable.

c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for green streets, boulevards, or other special rights-of-way, or would otherwise conflict with the stated goals of such a plan.

d. Widening and/or improving the right-of-way would preclude vehicular access to an existing lot.

e. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.

f. One or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely.

g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example due to an inability to meet the required 20 percent maximum driveway slope.

h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.

(Ord. 123649, § 34, 2011; Ord. 123495, § 62, 2011; Ord. 123046, § 44, 2009; Ord. 122615, § 8, 2007; Ord. 122311, § 66, 2006; Ord. 122205, § 8, 2006; Ord. 122050 § 12, 2006; Ord. 121828 § 8, 2005; Ord. 121782 § 27, 2005; Ord. 121276 § 37, 2003; Ord. 121196 § 20, 2003; Ord. 121145 § 11, 2003; Ord. 119239 § 28, 1998; Ord. 118414 § 37, 1996; Ord. 118409 § 196, 1996: Ord. 118302 § 11, 1996; Ord. 117432 § 36, 1994; Ord. 116262 § 15, 1992; Ord. 115568 § 5, 1991; Ord. 115326 § 26(part), 1990.)

1. Editor's Note: The Seattle Fire Code is set out in Subtitle VI of Title 22 of this Code.

23.53.020 Improvement requirements for existing streets in industrial zones

A. General Requirements.

1. If new lots are created or any type of development is proposed in an industrial zone, existing streets abutting the lot(s) are required to be improved in accordance with Section 23.53.020 and Section 23.53.006, Pedestrian access and circulation. One or more of the following types of improvements may be required by this section:

a. Pavement;

b. Curb installation;

c. Drainage;

d. Grading to future right-of-way grade;

e. Design of structures to accommodate future right-of-way grade;

f. No-protest agreements; and

g. Planting of street trees and other landscaping.

A setback from the property line, or dedication of right-of-way, may be required to accommodate the improvements.

2. Subsection 23.53.020.E of this section contains exceptions from the standard requirements for street improvements, including exceptions for streets that already have curbs, projects that are smaller than a certain size, and for special circumstances, such as location in an environmentally critical area.

3. Off-site improvements such as provision of drainage systems or fire access roads, shall be required pursuant to the authority of this Code or other ordinances to mitigate the impacts of development.

4. Detailed requirements for street improvements are located in the Right-of-Way Improvements Manual.

5. The regulations in this Section 23.53.020 are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.

6. Minimum Right-of-way Widths.

a. Arterials. The minimum right-of-way widths for arterials designated on the Arterial street map, Section 11.18.010, are as specified in the Right-of-Way Improvements Manual.

b. Non-arterials.

1) The minimum right-of-way width for an existing street that is not an arterial designated on the Arterial street map, Section 11.18.010, is as shown on Table A for 23.53.020.

Table A for 23.53.020

Minimum Right-of-way Widths for Existing Nonarterial Streets
Zone CategoryRight-of-Way Widths
1. IB, IC52 feet
2. IG1, IG256 feet

2) If a block is split into more than one zone, the zone category with the most frontage shall determine the minimum width on Table A for 23.53.020. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum right-of-way width.

B. Improvements on Designated Streets in All Industrial Zones. In all industrial zones, except as provided in subsection 23.53.020.E, if a lot abuts a street designated on the Industrial Streets Landscaping Map, Map A for 23.50.016, the following on-site improvements shall be provided:

1. Dedication Requirement. If the street right-of-way is less than the minimum width established in subsection 23.53.020.A.6, dedication of additional right-of-way equal to half the difference between the current right-of-way and the minimum right-of-way width established in subsection 23.53.020.A.6 is required; provided, however, that if right-of-way has been dedicated since 1982, other lots on the block are not required to dedicate more than that amount of right-of-way.

2. Improvement Requirements. A paved roadway with a concrete curb, pedestrian access and circulation as required by Section 23.53.006 and drainage facilities shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

3. Street Trees.

a. Street trees shall be provided along designated street frontages. Street trees shall be provided in the planting strip as specified in City Tree Planting Standards.

b. Exceptions to Street Tree Requirements.

1) Street trees required by subsection 23.53.020.B.3.a may be located on the lot at least 2 feet from the street lot line instead of in the planting strip if:

a) Existing trees and/or landscaping on the lot provide improvements substantially equivalent to those required in this Section 23.53.020;

b) It is not feasible to plant street trees according to City standards. A 5 foot deep landscaped setback area is required along the street property lines and trees shall be planted there. If an on-site landscaped area is already required, the trees shall be planted there if they cannot be placed in the planting strip.

C. General Industrial 1 and 2 (IG1 and IG2) Zones. Except as provided in subsection E of this section, the following improvements shall be required in IG1 and IG2 zones, in addition to the pedestrian access and circulation requirements of Section 23.53.006. Further improvements may be required on streets designated in subsection B of this section.

1. Setback Requirement. When the right-of-way abutting a lot has less than the minimum width established in subsection A6 of this section, a setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section is required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. The area of the setback may be used to meet any development standard, except that required parking may not be located in the setback. Underground structures that would not prevent the future widening and improvement of the right-of-way may be permitted in the required setback by the Director after consulting with the Director of Transportation.

2. Grading Requirement. When an existing street abutting a lot is less than the width established in subsection A6 of this section, all structures shall be designed and built to accommodate the grade of the future street improvements.

3. Fire Access. If the lot does not have vehicular access from a street or private easement that meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative that provides adequate emergency vehicle access.

4. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround as specified in the Right-of-Way Improvements Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

5. No-protest Agreement Requirement. When a setback is required by subsection C1, or a pedestrian walkway is required as specified in Section 23.53.006, a no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

D. Industrial Buffer (IB) and Industrial Commercial (IC) Zones. Except as provided in subsection E of this section, the following improvements are required in IB and IC zones, in addition to the pedestrian access and circulation requirements of Section 23.53.006. Further improvements may be required on streets designated in subsection B of this section.

1. The requirements of this subsection D1 shall apply when projects are proposed on lots in IB zones that are directly across a street from, or that abut, a lot in a residential or commercial zone, and to all projects in IC zones:

a. Improvements to Arterials.

(1) When a street is designated as an arterial on Exhibit 23.53.015 A, a paved roadway with a curb, pedestrian access and circulation as required by Section 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

(2) If necessary to accommodate the right-of-way widths specified in the Right-of-Way Improvements Manual, dedication of right-of-way shall be required.

b. Improvements to Nonarterial Streets.

(1) Non-arterial Streets With Right-of-way Greater Than or Equal to the Minimum Right-of-Way Width.

i. Improvement Requirements. When an existing non-arterial street right-of-way is greater than or equal to the minimum right-of-way width established in subsection A6 of this section, a paved roadway with pedestrian access and circulation as required by Section 23.53.006,, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

ii. Fire Access. If the lot does not have vehicular access from a street or private easement that meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative that provides adequate emergency vehicle access.

iii. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround as specified in the Right-of-Way Improvements Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

(2) Non-arterial Streets With Less Than the Minimum Right-of-Way Width.

i. Dedication Requirement. When an existing non-arterial street has less than the minimum right-of-way established in subsection A6 of this section, dedication of additional right-of-way equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section is required; provided, however, that if right-of-way has been dedicated since 1982, other lots on the block shall not be required to dedicate more than that amount of right-of-way.

ii. Improvement Requirement. A paved roadway with pedestrian access and circulation as required by Section 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

iii. Fire Access. If the lot does not have vehicular access from a street or private easement that meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative that provides adequate emergency vehicle access.

iv. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround as specified in the Right-of-Way Improvements Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

2. When projects are proposed on lots in IB zones that are not directly across a street from, and do not abut, a lot in a residential or commercial zone, the requirements of subsection C of this section shall be met.

E. Exceptions.

1. Streets With Existing Curbs.

a. Streets With Right-of-way Greater Than or Equal to the Minimum Right-of-way Width. When a street with existing curbs abuts a lot, and improvements would be required by subsections B or D of this section, and the existing right-of-way is greater than or equal to the minimum width established in subsection A6 of this section, but the roadway width is less than the minimum established in the Right-of-Way Improvements Manual, the following requirements shall be met:

(1) All structures on the lot shall be designed and built to accommodate the grade of the future street improvements.

(2) A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the title to the property with the King County Department of Records and Elections.

(3) If there is no sidewalk, a sidewalk shall be constructed, except when an exception set forth in Section 23.53.006 is applicable.

b. Streets With Less Than the Minimum Right-of-way Width. When a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection A6 of this section, the following requirements shall be met:

(1) Setback Requirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section is required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. The area of the setback may be used to meet any development standard, except that required parking may not be located in the setback. Underground structures that would not prevent the future widening and improvements of the right-of-way may be permitted in the required setback by the Director after consulting with the Director of Transportation.

(2) Grading Requirement. When a setback is required, all structures on the lot shall be designed and built to accommodate the grade of the future street, as specified in the Right-of-Way Improvements Manual.

(3) A no-protest agreement to future street improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the title to the property with the King County Department of Records and Elections.

(4) If there is no sidewalk, a sidewalk shall be constructed except when an exception set forth in Section 23.53.006 is applicable.

2. Projects with Reduced Improvement Requirements. The following types of projects are exempt from all dedication and improvement requirements of subsections 23.53.020.B, 23.53.020.C and 23.53.020.D, but shall meet the pedestrian access and circulation requirements specified in Section 23.53.006 and the requirements of subsection 23.53.020.E.1.b if the street right-of-way abutting the lot has less than the minimum right-of-way width established in subsection 23.53.020.A or does not meet the grade of future street improvements.

a. Structures with fewer than ten artist's studio dwellings;

b. The following uses when they are smaller than 750 square feet of gross floor area: major and minor vehicle repair uses, and multipurpose retail sales uses;

c. Nonresidential structures that have less than 4,000 square feet of gross floor area and that do not contain uses listed in subsection 23.53.020.E.2.b that are larger than 750 square feet;

d. Structures containing a mix of artist's studio dwellings and nonresidential uses, if there are fewer than ten artist's studio dwellings, and the square footage of nonresidential use is less than specified in subsections 23.53.020.E.2.b and 23.53.020.E.2.c;

e. Remodeling and use changes within existing structures;

f. Additions to existing structures that are exempt from environmental review; and

g. Expansions of surface parking, outdoor storage, outdoor sales or outdoor display of rental equipment of less than 20 percent of the parking, storage, sales or display area, or number of parking spaces.

3. Exceptions from Street Improvement Requirements. The Director, in consultation with the Director of Transportation, may waive or modify the requirements for paving, dedication, setbacks, grading, no-protest agreements, landscaping, and curb installation when it is determined that one (1) or more of the following conditions are met. The waiver or modification shall provide the minimum relief necessary to accommodate site conditions while maximizing access and circulation.

a. Location in an environmentally critical area or buffer, disruption of existing drainage patterns, or removal of natural features such as significant trees or other valuable and character-defining mature vegetation makes widening and/or improving the right-of-way impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall in proximity to the project site makes widening and/or improving the right-of-way impractical or undesirable.

c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for Green Streets, boulevards, or other special right-of-way, or would otherwise conflict with the stated goals of such a plan.

d. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.

e. Widening and/or improving the right-of-way would preclude vehicular access to an existing lot.

f. One (1) or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely.

g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example due to an inability to meet the required twenty (20) percent maximum driveway slope.

h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.

(Ord. 123649, § 35, 2011; Ord. 123589, § 67, 2011; Ord. 123046, § 45, 2009; Ord. 122615, § 9, 2007; Ord. 122205, § 9, 2006; Ord. 122050 § 13, 2006; Ord. 121477 § 28, 2004; Ord. 121145 § 12, 2003; Ord. 120611 § 14, 2001; Ord. 120117 § 41, 2000; Ord. 119096 § 3, 1998: Ord. 118409 § 197, 1996: Ord. 117432 § 37, 1994; Ord. 116744 § 26, 1993; Ord. 116262 § 16, 1992; Ord. 115568 §§ 6, 7, 1991; Ord. 115326 § 26(part), 1990.)

1. Editor's Note: The Seattle Fire Code is set out in Subtitle VI of Title 22 of this Code.

23.53.025 Access easement standards

If access by easement has been approved by the Director, the easement shall meet the following standards. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Right-of-Way Improvements Manual.

A. Vehicle access easements serving one or two single-family dwelling units or one multifamily residential use with a maximum of two units shall meet the following standards:

1. Easement width shall be a minimum of 10 feet, or 12 feet if required by the Fire Chief due to distance of the structure from the easement, or a minimum width as needed to meet the driveway standards of subsection 23.54.030.D.1.

2. No maximum easement length shall be set. If easement length is more than 150 feet, a vehicle turnaround shall be provided.

3. Curbcut width from the easement to the street shall be the minimum necessary for safety and access.

B. Vehicle Access Easements Serving at Least Three (3) but Fewer Than Five (5) Single-Family Dwelling Units.

1. Easement width shall be a minimum of twenty (20) feet;

2. The easement shall provide a hard-surfaced roadway at least twenty (20) feet wide;

3. No maximum easement length shall be set. If the easement is over six hundred (600) feet long, a fire hydrant may be required by the Director;

4. A turnaround shall be provided unless the easement extends from street to street;

5. Curbcut width from the easement to the street shall be the minimum necessary for safety and access.

C. Vehicle Access Easements Serving at Least Five but Fewer Than Ten Single-Family Dwelling Units, or at Least Three but Fewer than Ten Multifamily Dwelling Units.

1. Easement width, surfaced width, length, turn around and curbcut width shall be as required in subsection 23.53.025.B;

2. No single-family structure shall be closer than 5 feet to the easement, except that structural features allowed to extend into required yards under Section 23.44.014.D.6 are also allowed to extend into the five-foot setback from an easement.

D. Vehicle Access Easements Serving Ten (10) or more Residential Units.

1. Easement width shall be a minimum of thirty-two (32) feet;

2. The easement shall provide a surfaced roadway at least twenty-four (24) feet wide;

3. No maximum length shall be set. If the easement is over six hundred (600) feet long, a fire hydrant may be required by the Director;

4. A turnaround shall be provided unless the easement extends from street to street;

5. Curbcut width from the easement to the street shall be the minimum necessary for safety access;

6. No single-family structure shall be located closer than ten (10) feet to an easement;

7. One (1) pedestrian walkway shall be provided, extending the length of the easement.

E. Vehicle Access Easements Serving Nonresidential or Live-work Uses.

1. For nonresidential or live-work uses providing fewer than ten (10) parking spaces, the easement shall meet the requirements of subsection C.

2. For nonresidential or live-work uses providing ten (10) or more parking spaces, the easement shall meet the requirements of subsection D.

F. Pedestrian Access Easements. Where a lot proposed for a residential use abuts an alley but does not abut a street and the provisions of the zone require access by vehicles from the alley, or where the alley access is an exercised option, an easement providing pedestrian access to a street from the lot shall be provided meeting the following standards:

1. Easement width shall be a minimum of five (5) feet;

2. Easements serving one (1) or two (2) dwelling units shall provide a paved pedestrian walkway at least three (3) feet wide;

3. Easements serving three (3) or more dwelling units shall provide a paved pedestrian walkway at least five (5) feet wide;

4. Easements over one hundred (100) feet in length shall provide lighting at intervals not to exceed fifty (50) feet. Lighting placement shall not exceed fifteen (15) feet in height;

5. Pedestrian access easements shall not exceed two hundred (200) feet in length.

G. Vertical Clearance Above Easements. When an easement serves fewer than ten (10) residential units and crosses a residentially zoned lot, portions of structures may be built over the easement provided that a minimum vertical clearance of sixteen and one-half (16 1/2) feet is maintained above the surface of the easement roadway and a minimum turning path radius in accordance with Section 23.54.030 C is maintained. (See Exhibit 23.53.025 A.)

H. Exceptions From Access Easement Standards. The Director, in consultation with the Fire Chief, may modify the requirements for easement width and surfacing for properties located in environmentally critical areas or their buffers when it is determined that:

1. Such modification(s) would reduce adverse effects to identified environmentally critical areas or buffers; and

2. Adequate access and provisions for fire protection can be provided for structures served by the easement.

(Ord. 123649, § 36, 2011; Ord. 123495, § 62, 2011; Ord. 122205, § 10, 2006; Ord. 122050 § 14, 2006; Ord. 121196 § 21, 2003; Ord. 118414 § 38, 1996; Ord. 117263 § 49, 1994; Ord. 115568 § 8, 1991; Ord. 115326 § 26(part), 1990.)

{/PICK;23-53-025;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-53-025.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.53.030 Alley improvements in all zones

A. General requirements.

1. The regulations in this Section 23.53.030 are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.

2. Subsection 23.53.030.G contains exceptions from the standards requirements for alley improvements, including exceptions for projects that are smaller than a certain size and for special circumstances, such as location in an environmentally critical area.

3. Detailed requirements for alley improvements are located in the Right-of-Way Improvements Manual, which is adopted by joint rule of the Director and the Director of Transportation.

B. New Alleys.

1. New alleys created through the platting process shall meet the requirements of Subtitle III of this title, Platting Requirements.

2. The required right-of-way widths for new alleys shall be as shown on Table A for Section 23.53.030.

Table A for Section 23.53.030: Width of New Alley Rights-of-Way
Zone CategoryRight-of-Way Width
1. SF, LR1, NC112 feet
2. LR2, LR3, NC216 feet
3. MR, HR, NC3, C1, C2, SM and all Industrial and Downtown zones20 feet

3. If an alley abuts lots in more than one zone category, the minimum alley width shall be determined based on the requirements in Table A for Section 23.53.030 for the zone category with the most frontage excluding Zone Category 1. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum alley width.

C. Definition of improved alley. In certain zones, alley access is required if the alley is improved. For the purpose of determining if access is required, the alley will be considered improved if it meets the standards of this subsection 23.53.030.C.

1. Right-of-way width

a. The minimum width for an alley to be considered to be improved shall be as shown on Table B for Section 23.53.030.

Table B for Section 23.53.030: Right-of-Way Width for Alleys Considered to be Improved
Zone CategoryRight-of-Way Width
1. SF, LR1, LR2, LR3, NC110 feet
2. MR, HR, NC212 feet
3. NC3, C1, C2 and SM16 feet

b. If an alley abuts lots in more than one zone category, the minimum alley width shall be determined based on the requirements in Table B for the zone category with the most frontage excluding Zone Category 1. If Zone Categories 2 and 3 have equal frontage, the minimum alley width shall be 16 feet.

2. Paving. To be considered improved, the alley shall be paved.

D. Minimum widths established.

1. The minimum required width for an existing alley right-of-way shall be as shown on Table C for Section 23.53.030.

Table C for Section 23.53.030: Required Minimum Right-of-Way Widths for Existing Alleys
Zone CategoryRight-of-Way Width
1. SF and LR1No minimum width
2. LR2, NC112 feet
3. LR3, MR, HR, NC216 feet
4. NC3, C1, C2, SM, all downtown zones20 feet
5. All industrial zones20 feet

2. If an alley abuts lots in more than one zone category, the minimum alley width shall be determined based on the requirements in Table C for Section 23.53.030 for the zone category with the most frontage excluding Zone Category 1. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum alley width.

E. Existing Alleys That Meet Minimum Width. Except as provided in subsection 23.53.030.G and except for one and two dwelling unit developments that abut an alley that is not improved but is in common usage, if an existing alley meets the minimum right-of-way width established in subsection 23.53.030.D, the following requirements shall be met:

1. If the alley is used for access to parking spaces, open storage, or loading berths on a lot, the following improvements shall be provided:

a. For the following types of projects, the entire width of the portion of the alley abutting the lot, and the portion of the alley between the lot and a connecting street, shall be improved to at least the equivalent of a crushed rock surface, according to Director's Rule 22-2005, Right-of-Way Improvements Manual. The applicant may choose the street to which the improvements will be installed. If the alley does not extend from street to street, and the connecting street is an arterial designated on the Arterial street map, Section 11.18.010, either the remainder of the alley shall be improved so that it is passable to a passenger vehicle, or a turnaround shall be provided. The turnaround may be provided by easement.

1) Residential structures with fewer than ten units;

2) The following uses if they are smaller than 750 square feet of gross floor area: major and minor vehicle repair uses, and multipurpose retail sales;

3) Nonresidential structures or structures with one or more live-work units that: (a) have less than 4,000 square feet of gross floor area; and (b) do not contain uses listed in subsection 23.53.030.E.1.a.2 that are larger than 750 square feet;

4) Structures containing a mix of residential and either nonresidential uses or live-work units, if the residential use is less than ten units, and the total square footage of nonresidential uses and live-work units is less than specified in subsections 23.53.030.E.1.a.2 and E.1.a.3;

5) Remodeling and use changes within existing structures, if remodeling and use changes require increases to parking spaces, open storage, or loading berths on a lot;

6) Additions to existing structures that are exempt from environmental review; and

7) Expansions of a surface parking area or open storage area of less than 20 percent of the parking area, storage area or number of parking spaces.

b. For projects not listed in subsection 23.53.030.E.1.a, the entire width of the portion of the alley abutting the lot, and the portion of the alley between the lot and a connecting street, shall be paved. The applicant may choose the street to which the pavement will be installed. If the alley does not extend from street to street, and the connecting street is an arterial designated on the Arterial street map, Section 11.18.010, either the remainder of the alley shall be improved so that it is passable to a passenger vehicle, or a turnaround shall be provided. The turnaround may be provided by easement.

2. If the alley is not used for access, if the alley is not fully improved, all structures shall be designed to accommodate the grade of the future alley improvements, and a no-protest agreement to future alley improvements is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Recorder.

F. Existing Alleys Which Do Not Meet the Minimum Width.

1. When an existing alley is used for access to parking spaces, open storage, or loading berths on a lot, and the alley does not meet the minimum width established in subsection D of this section, except as provided in subsection G of this section, a dedication equal to half the difference between the current alley right-of-way width and minimum right-of-way width established in subsection D of this section shall be required; provided, however, that if right-of-way has been dedicated since 1982, other lots on the block shall not be required to dedicate more than that amount of right-of-way. Underground and overhead portions of structures that would not interfere with the functioning of the alley may be allowed by the Director of Director of the Department of Planning and Development after consulting with the Director of Transportation. When existing structures are located in the portion of the lot to be dedicated, that portion of the lot shall be exempt from dedication requirements. The improvements required under subsection E1 of this section shall then be installed, depending on the type of project.

2. When an existing alley is not used for access to parking spaces or loading berths on an abutting lot, but the alley does not meet the minimum width established in subsection D of this section, except as provided in subsection G of this section, the following requirements shall be met:

a. A setback equal to half the distance between the current alley right-of-way width and the minimum right-of-way width established in subsection D shall be required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. The area of the setback may be used to meet any development standards, except that required parking may not be located in the setback. Underground and overhead structures which would not prevent the future widening and improvement of the right-of-way may be permitted in the required setback by the Director of the Department of Planning and Development after consulting with the Director of Transportation.

b. All structures shall be designed to accommodate the grade of the future alley right-of-way.

c. A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the title to the property with the King County Department of Records and Elections.

G. Exceptions. The Director, after consulting with the Director of the Department of Transportation, may modify or waive the requirements for dedication, paving and drainage, setbacks, grading and no-protest agreements, if it is determined that one (1) or more of the following conditions are met. The Director may require access to be from a street if alley improvements are also waived.

1. Location in an environmentally critical area or buffer, disruption of existing drainage patterns, or removal of natural features such as significant trees makes widening and/or improving the right-of-way impractical or undesirable;

2. Widening and/or improving the right-of-way would make a building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met;

3. Widening and/or improving the right-of-way would eliminate alley access to an existing lot;

4. Widening and/or improving the right-of-way is impractical because topography precludes the use of the alley for vehicular access to the lot;

5. The alley is in a historic district or special review district, and the Department of Neighborhoods Director finds, after review and recommendation by the appropriate review board, that the widening and/or improvement would be detrimental to the character and goals of the district;

6. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes widening the right-of-way impractical or undesirable;

7. Widening the right-of-way would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for green streets, boulevard, or other special right-of-way, or would otherwise conflict with the stated goals of such a plan;

8. One (1) or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely;

9. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential pedestrian and vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the right-of-way is at zoned capacity.

(Ord. 123649, § 37, 2011; Ord. 123495, § 63, 2011; Ord. 123046, §§ 46, 65, 2009; Ord. 122311, § 67, 2006; Ord. 122205, § 11, 2006; Ord. 122050 § 15, 2006; Ord. 121828 § 9, 2005; Ord. 121782 § 28, 2005; Ord. 121276 § 37, 2003; Ord. 121196 § 22, 2003; Ord. 121145 § 13, 2003; Ord. 118414 § 39, 1996; Ord. 118409 § 198, 1996: Ord. 118302 § 12, 1996; Ord. 117570 § 18, 1995; Ord. 117432 § 38, 1994; Ord. 117263 § 50, 1994; Ord. 116262 § 17, 1992; Ord. 115568 § 8, 1991; Ord. 115326 § 26(part), 1990.)

23.53.035 Structural building overhangs.

A. Structural building overhangs are encroachments into public property that include cornices, eaves, sills, belt courses, bay windows, balconies, facade treatment and other architectural features. They shall be designed in accordance with the standards set forth in this section and rules promulgated by the Director. Structural building overhangs, when approved, shall meet the following requirements:

1. Vertical clearance shall be a minimum of eight (8) feet from the sidewalk or twenty-six (26) feet from an alley, or greater when required by other regulations.

2. Overhead horizontal projections of a purely architectural or decorative character such as cornices, eaves, sills, and belt courses shall be limited to a maximum horizontal extension of one (1) foot and maximum vertical dimension of two (2) feet six (6) inches, and shall not increase the floor area or the volume of space enclosed by the building. At roof level, the projections may extend not more than three (3) feet horizontally. The vertical dimension of the overhead horizontal projection at the roof level may be increased if the roof level is one hundred (100) feet or higher above the street elevation. The total area of these projections shall not exceed thirty (30) percent of the area of any one (1) facade (see Exhibit 23.53.035-A).

{/PICK;23-53-035-1;comptd;28p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-53-035-1.tif;comptd;28p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

3. Exception to the standards in this section may be authorized for historic or rehabilitated buildings, when they are consistent with the scope and intent of these standards.

4. Vertical bay (projecting) windows, balconies (other than balconies used for primary access), and similar features that increase either the floor area of the building or the volume of space enclosed by the building above grade, shall be limited as follows:

a. The maximum horizontal projection shall be three (3) feet and the projection shall be in no case be closer than eight (8) feet to the centerline of any alley (see Exhibit 23.53.035-B).

b. The glass areas of each bay window, and the open portions of each balcony, shall not be less than fifty (50) percent of the sum of the areas of the vertical surfaces of such bay window or balcony above the required open area. At least one-third of such required glass area of such bay window, and open portions of such balcony, shall be on one (1) or more vertical surfaces situated at an angle of not less than thirty (30) degrees to the line establishing the required open area. In addition, at least one-third of such required glass area or open portions shall be on the vertical surface parallel to, or most nearly parallel to, the line establishing each open area over which the bay window or balcony projects.

{/PICK;23-53-035-2;comptd;26p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-53-035-2.tif;comptd;26p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

c. The maximum length of each bay window or balcony shall be fifteen (15) feet at the line establishing the required open area, and shall be reduced in proportion to the distance from such line by means of forty-five (45) degree angles drawn inward from the ends of such fifteen (15) foot dimension, reaching a maximum of nine (9) feet along a line parallel to and at a distance of three (3) feet from the line establishing the open area (see Exhibit 23.53.035-C).

{/PICK;23-53-035-3;comptd;13p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-53-035-3.tif;comptd;13p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

d. Where a bay window and a balcony are located immediately adjacent to one another, and the floor of such balcony in its entirety has a minimum horizontal dimension of six (6) feet, the limit set in subsection A4c above, shall be increased to a maximum length of eighteen (18) feet at the line establishing the required open area, and a maximum of twelve (12) feet along a line parallel to and at a distance of three (3) feet from the line establishing the required open area (see Exhibit 23.53.035-D).

{/PICK;23-53-035-4;comptd;18p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-53-035-4.tif;comptd;18p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

e. The minimum horizontal separation between bay windows, between balconies, and between bay windows and balconies (except where a bay window and a balcony are located immediately adjacent to one another, as provided for in subsection A4d above), shall be two (2) feet at the line establishing the required open area, and shall be increased in proportion to the distance from such line by means of one hundred thirty-five (135) degree angles drawn outward from the ends of such two (2) foot dimension, reaching a minimum of eight (8) feet along a line parallel to and at a distance of three (3) feet from the line establishing the required open area (see Exhibits 23.53.035-E).

{/PICK;23-53-035-5;comptd;14p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-53-035-5.tif;comptd;14p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

f. Each bay window or balcony over a street or alley shall also be horizontally separated from interior lot lines (except where the wall or a building on the adjoining lot is flush to the interior lot line immediately adjacent to the projecting portions of such bay window or balcony) by not less than one (1) foot at the line establishing the required open area, with such separation increased in proportion to the distance from such line by means of a one hundred thirty-five (135) degree angle drawn outward from such one (1) foot dimension, reaching a minimum of four (4) feet along a line parallel to and at a distance of three (3) feet from the line establishing the required open area (see Exhibit 23.53.035-F).

{/PICK;23-53-035-6;comptd;13p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-53-035-6.tif;comptd;13p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

B. Submittal Requirements.

1. An application for a structure containing features overhanging the public right-of-way must show the following:

a. Dimensions on the site plan for canopies that overhang no closer than six (6) feet to the curb;

b. Windows in any bays;

c. Where the SDOT landscape architect indicates that retention of the street trees would be unfeasible, indicate planting of new street trees of at least four (4) inch caliper.

(Ord. 121477 § 29, 2004; Ord. 119618 § 6, 1999.)

Chapter 23.54
QUANTITY AND DESIGN STANDARDS FOR ACCESS, OFF-STREET PARKING, AND SOLID WASTE STORAGE*

------------

Editor's note: Ord. 123495, § 68, of 2011 amended the title of Ch. 23.54.

------------

Sections:

23.54.015 Required parking

23.54.016 Major Institutions– Parking and transportation.

23.54.020 Parking quantity exceptions

23.54.025 Off-site parking

23.54.030 Parking space standards

23.54.035 Loading berth requirements and space standards

23.54.040 Solid waste and recyclable materials storage and access

23.54.015 Required parking

A. Minimum parking requirements. The minimum number of off-street motor vehicle parking spaces required for specific uses is set forth in Table A for nonresidential uses other than institutional uses, Table B for residential uses, and Table C for institutional uses, except as otherwise provided in this Section and Section 23.54.020. The minimum parking requirements are based upon gross floor area of a use within a structure and the square footage of a use when located outside of an enclosed structure, or as otherwise specified. Exceptions to the parking requirements set forth in this section are provided in subsection B and in Section 23.54.020, Parking quantity exceptions, unless otherwise specified. This chapter does not apply to parking for construction activity, which is regulated by SMC 23.42.044.

B. Parking requirements for specific zones.

1. Parking in downtown zones is regulated by Section 23.49.019 and not by this Section 23.54.015.

2. Parking for major institution uses in the Major Institution Overlay District is regulated by Section 23.54.016 and not by this Section 23.54.015.

3. Parking in the Northgate Overlay District is regulated by Chapter 23.54 except as modified by Section 23.71.016.

4. No parking is required for single-family residential uses in single-family zones on lots less than 3,000 square feet in size or 30 feet in width where access to parking is permitted through a required yard abutting a street according to the standards of subsection 23.44.016.B.2.

5. No parking is required for urban farms or community gardens in residential zones.

C. Maximum parking limits.

1. In the Stadium Transition Area Overlay District certain uses are subject to a maximum parking ratio pursuant to subsection 23.74.010A1b. When there are multiple uses on a lot, the total parking requirement for all uses subject to a maximum ratio cannot exceed the aggregate maximum for those uses under Section 23.74.010.

2. In all commercial zones, except C2 zones outside of urban villages, no more than one hundred forty-five (145) spaces per lot may be provided as surface parking.

3. In all multifamily zones, no more than ten (10) parking spaces may be provided per business establishment.

D. Parking waivers for nonresidential uses.

1. In pedestrian-designated zones, parking is waived for uses listed on Table D for 23.54.015. The parking waivers permitted in Table D for 23.54.015 apply to each business establishment on a lot.

a. Additional parking waivers beyond those in Table D for 23.54.015 may be permitted as a special exception for the following uses:

1) Eating and drinking establishments, up to a maximum waiver of 5,000 square feet; and

2) Motion picture theaters and performing arts theaters, up to a maximum waiver of 300 seats.

b. The following factors shall be considered by the Director in determining whether to permit additional parking waivers:

1) Anticipated parking demand for the proposed use;

2) The extent to which an additional parking waiver is likely to create or add significantly to spillover parking in adjacent residential areas;

3) The availability of shared parking within 800 feet of the business; and

4) Whether land is available for parking without demolishing an existing commercial structure, displacing a commercial use, or rezoning property to commercial.

2. In all other commercial zones and in pedestrian designated zones for uses not listed in Table D for 23.54.015, no parking is required for the first 1,500 square feet of each business establishment or the first 15 fixed seats for motion picture and performing arts theaters.

3. In all other zones, no parking is required for the first 2,500 square feet of gross floor area of nonresidential uses in a structure, except for the following:

a. structures or portions of structures occupied by restaurants with drive-in lanes,

b. motion picture theaters,

c. offices, or

d. institution uses, including Major Institution uses.

When two or more uses with different parking ratios occupy a structure, the 2,500 square foot waiver is prorated based on the area occupied by the nonresidential uses for which the parking waiver is permitted.

E. Fleet vehicles. Notwithstanding any other provisions of this section, off-street parking shall be provided for all fleet vehicles and those parking spaces will not be counted toward the parking requirements of Table A, Table B, or Table C.

F. Use and reuse of schools. For non-school uses permitted to locate in a former or existing public school, parking requirements will be determined by school use pursuant to criteria adopted according to Chapter 23.78, Establishment of Criteria for Joint Use or Reuse of Schools.

G. New nonresidential uses in existing structures in commercial and industrial zones. Up to 20 required parking spaces are waived for a new nonresidential use established in an existing structure or the expansion of an existing nonresidential use entirely within an existing structure. Existing required parking shall remain. For purposes of this section, "existing structure" means a structure that was established under permit, or for which a building permit has been granted and has not expired, at least two years prior to the application to establish the new use or expand the use.

H. Uses not shown on parking tables. In the case of a use not shown on Table A, Table B, or Table C, the requirements for off-street parking will be determined by the Director based on the requirements for the most comparable use. Where, in the judgment of the Director, none of the uses on Table A, Table B, and Table C are comparable to a proposed use, the Director may base his or her determination as to the amount of parking required for the proposed use on detailed information provided by the applicant. The information required may include, but not be limited to, a description of the physical structure(s), identification of potential users, and analysis of likely parking demand.

I. Uses in multiple parking table categories. If an entire use or structure, or the same portion of a use or structure, falls under more than one category in Table A, Table B or Table C then, unless otherwise specified, the category requiring the smallest number of parking spaces applies except as expressly set forth on such tables.

J. Existing parking deficits. Existing legal parking deficits of legally established uses are allowed to continue even if a change of use occurs. This subsection will not be construed to permit a parking deficit caused by the failure to satisfy conditions of a reduced parking requirement for any use or structure.

K. Bicycle parking. The minimum number of off-street parking spaces for bicycles required for specified uses is set forth in Table E. In the case of a use not shown on Table E, there is no minimum bicycle parking requirement. The minimum requirements are based upon gross floor area of the use in a structure, or the square footage of the use when located outside of an enclosed structure, or as otherwise specified.

1. After the first fifty (50) spaces for bicycles are provided, additional spaces are required at one half ( 1/2) the ratio shown in Table E, except for rail transit facilities; passenger terminals; and park and ride lots. Spaces within dwelling units or on balconies do not count toward the bicycle parking requirement.

2. Required bicycle parking shall be provided in a safe, accessible and convenient location. Bicycle parking hardware shall be installed so that it can perform to its manufacturer's specifications and any design criteria promulgated by the Director of Transportation, allowing adequate clearance for bicycles and their riders. Directional signage shall be installed when bike parking facilities are not clearly visible from the street or sidewalk. When any covered automobile parking is provided, all required long-term bicycle parking shall be covered. When located off-street, bicycle and automobile parking areas must be separated by a barrier or painted lines.

3. Long-term parking for bicycles shall be for bicycles parked four (4) hours or more. Short-term parking for bicycles shall be for bicycles parked less than four (4) hours.

4. Bicycle parking required for residential uses must be located on-site.

5. Bicycle parking facilities shared by more than one use are encouraged.

6. Bicycle parking facilities required for nonresidential uses shall be located on the lot or in a shared bicycle parking facility within one hundred (100) feet of the lot, except as provided in subsection 7 below.

7. Bicycle parking may be located in a facility within one hundred (100) feet of the lot that is not a shared bicycle parking facility, or the applicant may make a payment to the City to fund public bicycle parking in lieu of providing required on-site bicycle parking, if the Director determines that:

a. Safe, accessible and convenient bicycle parking accessory to a nonresidential use cannot be provided on-site or in a shared bicycle parking facility within one-hundred (100) feet of the lot, without extraordinary physical or financial difficulty;

b. The payment is comparable to the cost of providing the equivalent bicycle parking on-site, and takes into consideration the cost of materials, equipment and labor for installation;

c. The bicycle parking funded by the payment is located within sufficient proximity to serve the bicycle parking demand generated by the project; and

d. Construction of the bicycle parking funded by the payment is assured before issuance of a certificate of occupancy for the development.
Table A for Section 23.54.015
PARKING FOR NONRESIDENTIAL USES OTHER THAN INSTITUTIONS
UseMinimum parking required
I. General Nonresidential Uses (other than institutions)
A.AGRICULTURAL USES1 space for each 2,000 square feet
B.COMMERCIAL USES
B.1.Animal shelters and kennels1 space for each 2,000 square feet
B.2.Eating and drinking establishments1 space for each 250 square feet
B.3.Entertainment Uses, general, except as noted below (1)For public assembly areas: 1 space for each 8 fixed seats, or 1 space for each 100 square feet of public assembly area not containing fixed seats
B.3.aAdult cabarets1 space for each 250 square feet
B.3.bSports and recreation uses1 space for each 500 square feet
B.4.Food processing and craft work1 space for each 2,000 square feet
B.5.Laboratories, research and development1 space for each 1,500 square feet
B.6.Lodging uses1 space for each 4 rooms; For bed and breakfast facilities in single family and multifamily zones, 1 space for each dwelling unit, plus 1 space for each 2 guest rooms
B.7.Medical services1 space for each 500 square feet
B.8.Offices1 space for each 1,000 square feet
B.9.Sales and services, automotive1 space for each 2,000 square feet
B.10.Sales and services, general, except as noted below1 space for each 500 square feet
B.10.a.Pet Daycare Centers (2)1 space for each 10 animals or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 animals.
B.11.Sales and services, heavy1 space for each 2,000 square feet
B.12.Sales and services, marine1 space for each 2,000 square feet
C.HIGH IMPACT USES1 space for each 2,000 square feet
D.LIVE-WORK UNITS0 spaces for units with 1,500 square feet or less; 1 space for each unit greater than 1,500 square feet; 1 space for each unit greater than 2,500 square feet, plus the parking that would be required for any nonresidential activity classified as a principal use
E.MANUFACTURING USES1 space for each 2,000 square feet
F.STORAGE USES1 space for each 2,000 square feet
G.TRANSPORTATION FACILITIES
G.1.Cargo terminals1 space for each 2,000 square feet
G.2.Parking and moorage
G.2.a.Principal use parkingNone
G.2.b.Towing servicesNone
G.2.c.Boat moorage1 space for each 2 berths
G.2.d.Dry storage of boats1 space for each 2,000 square feet
G.3.Passenger terminals1 space for each 100 square feet of waiting area
G.4.Rail transit facilitiesNone
G.5.Transportation facilities, air1 space for each 100 square feet of waiting area
G.6.Vehicle storage and maintenance uses1 space for each 2,000 square feet
H.UTILITIES1 space for each 2,000 square feet
II. Nonresidential Use Requirements with Locational Criteria
I.Nonresidential uses (other than institutions) in urban centers or the Station Area Overlay District (3)No minimum requirement
J.Nonresidential uses (other than institutions) permitted in on the ground floor in MR and HR zones pursuant to Section 23.45.504.No minimum requirement

Footnotes for Table A for Section 23.54.015

(1) Required parking for spectator sports facilities or exhibition halls must be available when the facility or exhibition hall is in use. A facility shall be considered to be "in use" during the period beginning three hours before an event is scheduled to begin and ending one hour after a scheduled event is expected to end. For sports events of variable or uncertain duration, the expected event length shall be the average length of the events of the same type for which the most recent data are available, provided it is within the past five years. During an inaugural season, or for nonrecurring events, the best available good faith estimate of event duration will be used. A facility will not be deemed to be "in use" by virtue of the fact that administrative or maintenance personnel are present. The Director may reduce the required parking for any event when projected attendance for a spectator sports facility is certified to be 50 percent or less of the facility's seating capacity, to an amount not less than that required for the certified projected attendance, at the rate of one space for each ten fixed seats of certified projected attendance. An application for reduction and the certification shall be submitted to the Director at least 15 days prior to the event. When the event is one of a series of similar events, such certification may be submitted for the entire series 15 days prior to the first event in the series. If the Director finds that a certification of projected attendance of 50 percent or less of the seating capacity is based on satisfactory evidence such as past attendance at similar events or advance ticket sales, the Director shall, within 15 days of such submittal, notify the facility operator that a reduced parking requirement has been approved, with any conditions deemed appropriate by the Director to ensure adequacy of parking if expected attendance should change. The parking requirement reduction may be applied for only if the goals of the facility's Transportation Management Plan are otherwise being met. The Director may revoke or modify a parking requirement reduction approval during a series, if projected attendance is exceeded.

(2) The amount of required parking is calculated based on the maximum number of staff or animals the center is designed to accommodate.

(3) The general requirements of lines A through H of Table A for Section 23.54.015 is superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement (which may include no requirement) under any other provision. To the extent that a nonresidential use fits within more than one line in Table A for Section 23.54.015, the least of the applicable parking requirements applies. The different parking requirements listed for certain categories of nonresidential uses shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title 23.
Table B for 23.54.015: PARKING FOR RESIDENTIAL USES
UseMinimum parking required
I. General Residential Uses
A.Adult family homes1 space for each dwelling unit
B.Artist's studio/dwellings1 space for each dwelling unit
C.Assisted living facilities1 space for each 4 assisted living units; plus 1 space for each 2 staff members on-site at peak staffing time; plus 1 barrier-free passenger loading and unloading space
D.Caretaker's quarters1 space for each dwelling unit
E.Congregate residences1 space for each 4 residents
F.Cottage housing developments1 space for each dwelling unit
G.Floating homes1 space for each dwelling unit
H.Mobile home parks1 space for each mobile home lot as defined in Chapter 22.904
I.Multifamily residential uses, except as provided in Sections B or C of this Table B for 23.54.015.(1)1 space per dwelling unit.
J.Nursing homes(2)1 space for each 2 staff doctors; plus 1 additional space for each 3 employees; plus 1 space for each 6 beds
K.Single-family dwelling units1 space for each dwelling unit
II. Residential Use Requirements with Location Criteria
L.Residential uses in commercial and multifamily zones within urban centers or within the Station Area Overlay District(1)No minimum requirement
M.Residential uses in commercial and multifamily zones within urban villages that are not within urban center or the Station Area Overlay District, if the residential use is located within 1,320 feet of a street with frequent transit service, measured as the walking distance from the nearest transit stop to the lot line of the lot containing the residential use.(1)No minimum requirement
N.Multifamily residential uses within the University of Washington parking impact area shown on Map A for 23.54.015(1)1 space per dwelling unit for dwelling units with fewer than two bedrooms; plus 1.5 spaces per dwelling units with 2 or more bedrooms; plus .25 spaces per bedroom for dwelling units with 3 or more bedrooms
O.Multifamily dwelling units, within the Alki area shown on Map B for Section 23.54.015(1)1.5 spaces for each dwelling unit
III. Multifamily Residential Use Requirements with Income Criteria
P.Multifamily residential uses: for each dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 30 percent of the median income(3), for the life of the building(1)0.33 space for each dwelling unit with 2 or fewer bedrooms, and 1 space for each dwelling unit with 3 or more bedrooms
Q.Multifamily residential uses: for each dwelling unit rented to and occupied by a household with an income at time of its initial occupancy of between 30 and 50 percent of the median income(3), for the life of the building(1)0.75 spaces for each dwelling unit with 2 or fewer bedrooms, and 1 space for each dwelling unit with 3 or more bedrooms
R.Low-income disabled multifamily residential uses(1) (3)1 space for each 4 dwelling units
S.Low-income elderly/low-income disabled multifamily residential uses (1) (4)1 space for each 5 dwelling units

Footnotes for Table B for Section 23.54.015

(1) The general requirement of line I of Table B for Section 23.54.015 for multifamily residential uses is superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement (which may include no requirement) under any other provision. To the extent that a multifamily residential use fits within more than one line in Table B for Section 23.54.015, the least of the applicable parking requirements applies, except that if an applicable parking requirement in section B of Table B for Section 23.54.015 requires more parking than line I, the parking requirement in line I does not apply. The different parking requirements listed for certain categories of multifamily residential uses shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title 23.

(2) For development within single-family zones the Director may waive some or all of the parking requirements according to Section 23.44.015 as a special or reasonable accommodation. In other zones, if the applicant can demonstrate that less parking is needed to provide a special or reasonable accommodation, the Director may reduce the requirement. The Director shall specify the parking required and link the parking reduction to the features of the program that allow such reduction. The parking reductions shall be valid only under the conditions specified, and if the conditions change, the standard requirements shall be met.

(3) Notice of Income Restrictions. Prior to issuance of any permit to establish, construct or modify any use or structure, or to reduce any parking accessory to a multifamily residential use, if the applicant relies upon these reduced parking requirements, the applicant shall record in the King County Recorder a declaration signed and acknowledged by the owner(s), in a form prescribed by the Director, which shall identify the subject property by legal description, and shall acknowledge and provide notice to any prospective purchasers that specific income limits are a condition for maintaining the reduced parking requirement.

{/PICK;23-54-015-1;38p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;37p;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for 23.54.015: University District Parking Impact Area {/GRAPH;23-54-015-1.tif;38p;comptd;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

{/PICK;23-54-015-2;comptd;25p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap B for 23.54.015: Alki Area Parking Overlay {/GRAPH;23-54-015-2.tif;comptd;23p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.
Table C for 23.54.015 PARKING FOR PUBLIC USES AND INSTITUTIONS
UseMinimum parking required
I. General Public Uses and Institutions
A.Adult care centers (1), (2)1 space for each 10 adults (clients) or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 adults (clients)
B.Child care centers (1), (2), (3)1 space for each 10 children or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 children
C.CollegesA number of spaces equal to 15 percent of the maximum number of students that the facility is designed to accommodate; plus 30 percent of the number of employees the facility is designed to accommodate; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities
D.Community centers owned and operated by the Seattle Department of Parks and Recreation (DOPAR) (1), (4)1 space for each 555 square feet; or for family support centers, 1 space for each 100 square feet
E.Community clubs, and community centers not owned and operated by DOPAR (1), (5)1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; plus 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts
F.Hospitals1 space for each 2 staff doctors; plus 1 additional space for each 5 employees other than staff doctors; plus 1 space for each 6 beds
G.Institutes for advanced study, except as provided in line H below1 space for each 1,000 square feet of offices and similar spaces; plus 1 space for each 10 fixed seats in all auditoria and public assembly rooms; or 1 space for each 100 square feet of public assembly area not containing fixed seats
H.Institutes for advanced study in single family zones (existing) (1)3.5 spaces for each 1,000 square feet of office space; plus 10 spaces for each 1,000 square feet of additional building footprint to house and support conference center activities; or 37 spaces for each 1,000 square feet of conference room space, whichever is greater
I.Libraries (1) (6)1 space for each 80 square feet of floor area of all auditoria and public meeting rooms; plus 1 space for each 500 square feet of floor area, excluding auditoria and public meeting rooms
J.Museums1 space for each 80 square feet of all auditoria and public assembly rooms, not containing fixed seats; plus 1 space for every 10 fixed seats for floor area containing fixed seats; plus 1 space for each 250 square feet of other gross floor area open to the public
K.Private clubs1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts
L.Religious facilities (1)1 space for each 80 square feet of all auditoria and public assembly rooms
M.Schools, private elementary and secondary (1)1 space for each 80 square feet of all auditoria and public assembly rooms, or if no auditorium or assembly room, 1 space for each staff member
N.Schools, public elementary and secondary (7) (8)1 space for each 80 square feet of all auditoria or public assembly rooms, or 1 space for every 8 fixed seats in auditoria or public assembly rooms containing fixed seats, for new public schools on a new or existing public school site
O.Vocational or fine arts schools1 space for each 2 faculty that the facility is designed to accommodate; plus 1 space for each 2 full-time employees other than faculty that the facility is designed to accommodate; plus 1 space for each 5 students, based on the maximum number of students that the school is designed to accommodate
II. General Public Uses and Institutions with Locational Criteria
P.General public uses and institutions in urban centers or the Station Area Overlay District (9)No minimum requirement

Footnotes for Table C for Section 23.54.015:

(1) When this use is permitted in a single-family zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when the use is permitted in a multifamily zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.570. The Director, in consultation with the Director of Transportation, may allow adult care and child care centers locating in existing structures to provide loading and unloading spaces on-street when no other alternative exists.

(2) The amount of required parking is calculated based on the maximum number of staff, children, or clients that the center is designed to accommodate on site at any one time.

(3) A child care facility, when co-located with an assisted living facility, may count the passenger load/unload space required for the assisted living facility toward its required passenger load/unload spaces.

(4) When family support centers are located within community centers owned and operated by the Department of Parks and Recreation, the Director may lower the combined parking requirement by up to a maximum of 15 percent, pursuant to Section 23.54.020.I.

(5) Indoor gymnasiums are not considered ball courts, nor are they considered auditoria or public assembly rooms unless they contain bleachers (fixed seats). If the gymnasium contains bleachers, the parking requirement for the gymnasium is one parking space for every eight fixed seats. Each 20 inches of width of bleachers is counted as one fixed seat for the purposes of determining parking requirements. If the gymnasium does not contain bleachers and is in a school, there is no parking requirement for the gymnasium. If the gymnasium does not contain bleachers and is in a community center, the parking requirement is one space for each 350 square feet.

(6) When a library is permitted in a single-family zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when a library is permitted in a multifamily zone as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122; and when a library is permitted in a commercial zone, the Director may modify the parking requirements pursuant to Section 23.44.022.L.

(7) For public schools, when an auditorium or other place of assembly is demolished and a new one built in its place, parking requirements are determined based on the new construction. When an existing public school on an existing public school site is remodeled, additional parking is required if any auditorium or other place of assembly is expanded or additional fixed seats are added. Additional parking is required as shown on Table C for 23.54.015 for the increase in floor area or increase in number of seats only. If the parking requirement for the increased area or seating is 10 percent or less than that for the existing auditorium or other place of assembly, then no additional parking is required.

(8) Development standard departures may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to reduce the required or permitted number of parking spaces.

(9) The general requirement of lines A through O of Table C for Section 23.54.015 for general public uses and institutions, is superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement (which may include no requirement) under any other provision. To the extent that a general public use or institution fits within more than one line in Table C for Section 23.54.015, the least of the applicable parking requirements applies. The different parking requirements listed for certain categories of general public uses or institutions shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this Title 23.
Table D for 23.54.015 PARKING WAIVERS FOR PEDESTRIAN-DESIGNATED ZONES
UseParking waivers (1)
A.General sales and service uses; Medical service uses; Lodging uses; and Entertainment uses, except motion picture theaters and performing arts theatersNC1 zones – Parking waived for first 4,000 square feet of each business establishment NC2 and NC3 zones – Parking waived for first 5,000 square feet of each business establishment
B.Motion picture theaters; and performing arts theatersParking waived for first 150 seats
C.Eating and drinking establishmentsNC1, NC2 and NC3 – Parking waived for first 2,500 square feet of each business establishment

(1) Additional parking waiver up to the limits in subsection 23.54.015.D.1.a may be permitted as a special exception according to criteria of subsection 23.54.015.D.1.b.
Table E for Section 23.54.015 PARKING FOR BICYCLES (1)
Bike Parking Requirements
UseLong-termShort-term
A. COMMERCIAL USES
1.Eating and drinking establishments1 per 12,000 sq ft1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO (2)
2.Entertainment Uses1 per 12,000 sq ft1 per 40 seats and 1 per 1000 sq ft of non-seat area; 1 per 20 seats and 1 per 1,000 sq ft of non-seat area in UC/SAO(2)
3.Lodging Uses1 per 20 rentable rooms2
4.Medical services1 per 12,000 sq ft1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO (2)
5.Offices and Laboratories, research and Development1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO (2)1 per 40,000 sq ft.
6.Sales and services, general1 per 12,000 sq ft1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO (2)
7.Sales and services, heavy1 per 4,000 sq ft1 per 40,000 sq ft.
B. INSTITUTIONS
B.1.Institutions not listed below1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO (2)1 per 40,000 sq ft.
B.2.Child care centers1 per 4,000 sq ft1 per 40,000 sq ft.
B.3.CollegesA number of spaces equal to ten (10) percent of the maximum students present at peak hour plus five (5) percent of employees.None
B.4.Community clubs or centers1 per 4,000 sq ft.1 per 4,000 sq ft
B.5.Hospitals1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO (2)1 per 40,000 sq ft.
B.6.Libraries1 per 4,000 sq ft1 per 4,000 sq ft; 1 per 2,000 sq ft in UC/SAO (2)
B.7.Museums1 per 4,000 sq ft1 per 4,000 sq ft
B.8.Religious facilities1 per 12,000 sq ft1 per 40 seats or 1 per 1000 sq ft of non-seat area
B.9.Schools, elementary1 per classroomNone
B.10.Schools, secondary (middle and high)2 per classroomNone
B.11.Vocational or fine arts schoolsA number of spaces equal to ten (10) percent of the maximum students present at peak hour plus five (5) percent of employees.None
C. MANUFACTURING USES1 per 4,000 sq ftNone
D. RESIDENTIAL USES
D.1.Congregate residences1 per 20 residentsNone
D.2.Multi-family structures1 per 4 unitsNone
E. TRANSPORTATION FACILITIES
E.1.Park and ride lotsAt least 20 (3)None
E.2.Principal use parking except Park and ride lots1 per 20 auto spacesNone
E.3.Rail transit facilities and Passenger terminalsAt least 20 (3)None

(1) If a use is not shown on this Table E, there is no minimum bicycle parking requirement.

(2) For the purposes of this table, UC/SAO means urban centers or the Station Area Overlay District.

(3) The Director in consultation with the Director of Transportation may require more bicycle parking spaces based on the following factors: Area topography; pattern and volume of expected bicycle users; nearby residential and employment density; proximity to Urban Trails system and other existing and planned bicycle facilities; projected transit ridership and expected access to transit by bicycle; and, other relevant transportation and land use information.

(Ord. 123649, § 38, 2011; Ord. 123495, § 64, 2011; Ord. 123378, § 23, 2010; Ord. 123209, § 54, 2009; Ord. 123046, § 65, 2009; Ord. 122935, § 13, 2009; Ord. 122823, § 10, 2008; Ord. 122670, § 3, 2008; Ord. 122411, § 8, 2007; Ord. 122311, § 68, 2006; Ord. 122273, § 5, 2006; Ord. 122208, § 3, 2006; Ord. 122054 § 73, 2006; Ord. 121792 § 1, 2005; Ord. 121828 §§ 10, 11, 2005; Ord. 121782 §§ 30, 31, 2005; Ord. 121477 § 30, 2004; Ord. 121476 § 14, 2004; Ord. 121359 § 7, 2003; Ord. 121196 §§ 23, 24, 2003; Ord. 121145 § 14, 2003; Ord. 120953 § 1, 2002; Ord. 120609 § 13, 2001; Ord. 120541 § 1, 2001; Ord. 120004 § 4, 2000; Ord. 119972 § 9, 2000; Ord. 119969 § 1, 2000; Ord. 119715 § 2, 1999; Ord. 119239 § 29, 1998; Ord. 119238 § 8, 1998; Ord. 118624 § 2, 1997; Ord. 118414 § 40, 1996; Ord. 118409 § 199, 1996: Ord. 118302 § 13, 1996; Ord. 117869 § 1, 1995; Ord. 117202 § 10, 1994; Ord. 116168 § 1, 1992; Ord. 116146 § 2, 1992; Ord. 115719 § 1, 1991; Ord. 115043 § 12, 1990; Ord. 115002 § 13(part), 1990; Ord. 114875 §§ 13, 14, 1989; Ord. 114623 § 15, 1989; Ord. 113710 § 1(part), 1987; Ord. 113658 § 7(part), 1987; Ord. 113464 § 2(part), 1987; Ord. 113263 § 26(part), 1986: Ord. 112777 § 32(part), 1986.)

23.54.016 Major Institutions– Parking and transportation.

Major Institution uses are subject to the following transportation and parking requirements:

A. General Provisions.

1. Minimum requirements for parking quantity are established in subsection B of this section.

2. The maximum number of spaces provided for the Major Institution use shall not exceed one hundred thirty-five (135) percent of the minimum requirement, except through administrative or Council review as provided in subsection C of this section.

3. Parking requirements for Major Institutions with more than one (1) type of institutional use (for example, a hospital and a university), shall be calculated for each use separately, and then added together to derive the total number of required spaces.

4. When a permit application is made for new development at an existing Major Institution, parking requirements shall be calculated both for the entire Major Institution and for the proposed new development. If there is a parking deficit for the entire institution, the institution shall make up a portion of the deficit in addition to the quantity required for the new development, according to the provisions of subsection B5 of this section. If there is a parking surplus, above the maximum allowed number of spaces, for the institution as a whole, requirements for new development will first be applied to the surplus in the required ratio of long-term and short-term spaces. Additional parking shall be permitted only when no surplus remains.

5. When determining parking requirements, individuals fitting into more than one (1) category (for example, a student who is also an employee or a faculty member who is also a doctor) shall not be counted twice. The category requiring the greater number of parking spaces shall be used.

B. Parking Quantity Required. The minimum number of parking spaces required for a Major Institution shall be as follows:

1. Long-term Parking.

a. Medical Institutions. A number of spaces equal to eighty (80) percent of hospital-based doctors; plus twenty-five (25) percent of staff doctors; plus thirty (30) percent of all other employees present at peak hour;

b. Educational Institutions. A number of spaces equal to fifteen (15) percent of the maximum students present at peak hour, excluding resident students; plus thirty (30) percent of employees present at peak hour; plus twenty-five (25) percent of the resident unmarried students; plus one (1) space for each married student apartment unit.

2. Short-term Parking.

a. Medical Institutions. A number of spaces equal to one (1) space per six (6) beds; plus one (1) space per five (5) average daily outpatients;

b. Educational Institutions. A number of spaces equal to five (5) percent of the maximum students present at peak hour excluding resident students.

3. Additional Short-term Parking Requirements. When one (1) of the following uses is a Major Institution use, the following additional short-term parking requirements shall be met. Such requirements may be met by joint use of parking areas and facilities if the Director determines that the uses have different hours of operation according to Section 23.54.020 G:

a. Museum. One (1) space for each two hundred fifty (250) square feet of public floor area;

b. Theater, Auditorium, or Assembly Hall. One (1) space for each two hundred (200) square feet of audience assembly area not containing fixed seats, and one (1) space for every ten (10) seats for floor area containing fixed seats;

c. Spectator Sports Facility Containing Fewer than Twenty Thousand (20,000) Seats. One (1) space for each ten (10) permanent seats and one (1) space for each one hundred (100) square feet of spectator assembly area not containing fixed seats;

d. Spectator Sports Facility Containing Twenty Thousand (20,000) or More Seats. One (1) space for each ten (10) permanent seats and one (1) bus space for each three hundred (300) permanent seats.

4. Bicycle Parking. Bicycle parking meeting the development standards of subsections 23.54.015 K2– 6 and subsection D2 of this section shall be provided in the following quantities:

a. Medical Institutions. A number of spaces equal to two (2) percent of employees, including doctors, present at peak hour;

b. Educational Institutions. A number of spaces equal to ten (10) percent of the maximum students present at peak hour plus five (5) percent of employees.

If at the time of application for a master use permit, the applicant can demonstrate that the bicycle parking requirement is inappropriate for a particular institution because of topography, location, nature of the users of the institution or other reasons, the Director may modify the bicycle parking requirement.

5. Parking Deficits. In addition to providing the minimum required parking for a new structure, five (5) percent of any vehicular or bicycle parking deficit as determined by the minimum requirements of this subsection, existing on the effective date of the ordinance codified in this section,1 shall be supplied before issuance of a certificate of occupancy.

C. Requirement for a Transportation Management Program.

1. When a Major Institution proposes parking in excess of one hundred thirty-five (135) percent of the minimum requirement for short-term parking spaces, or when a Major Institution prepares a master plan or applies for a master use permit for development that would require twenty (20) or more parking spaces or increase the Major Institution's number of parking spaces by twenty (20) or more above the level existing on May 2, 1990, a transportation management program shall be required or an existing transportation management program shall be reviewed and updated. The Director shall assess the traffic and parking impacts of the proposed development against the general goal of reducing the percentage of the Major Institution's employees, staff and/or students who commute in single-occupancy vehicles (SOV) during the peak period to fifty (50) percent or less, excluding those employees or staff whose work regularly requires the use of a private vehicle during working hours.

2. Transportation management programs shall be prepared and implemented in accordance with the Director's Rule governing Transportation Management Programs. The Transportation Management Program shall be in effect upon Council adoption of the Major Institution master plan.

3. If an institution has previously prepared a transportation management program, the Director, in consultation with the Director of Transportation shall review the Major Institution's progress toward meeting stated goals. The Director shall then determine:

a. That the existing program should be revised to correct deficiencies and/or address new or cumulative impacts; or

b. That the application will not be approved until the Major Institution makes substantial progress toward meeting the goals of its existing program; or

c. That a new program should be developed to address impacts associated with the application; or

d. That the existing program does not need to be revised.

4. Through the process of reviewing a new or updated transportation management program in conjunction with reviewing a master plan, the Council may approve in excess of one hundred thirty-five (135) percent of the minimum requirements for long-term parking spaces, or may increase or decrease the required fifty (50) percent SOV goal, based upon the Major Institution's impacts on traffic and opportunities for alternative means of transportation. Factors to be considered shall include, but not be limited to:

a. Proximity to a street with fifteen (15) minute transit service headway in each direction;

b. Air quality conditions in the vicinity of the Major Institution;

c. The absence of other nearby traffic generators and the level of existing and future traffic volumes in and through the surrounding area;

d. The patterns and peaks of traffic generated by Major Institution uses and the availability or lack of on-street parking opportunities in the surrounding area;

e. The impact of additional parking on the Major Institution site;

f. The extent to which the scheduling of classes or work shifts reduces the transportation alternatives available to employees and/or students or the presence of limited carpool opportunities due to the small number of employees; and

g. The extent to which the Major Institution has demonstrated a commitment to SOV alternatives.

5. The provision of short-term parking spaces in excess of one hundred thirty-five (135) percent of the minimum requirements established in subsection B2 of this section may be permitted by the Director through preparation or update of a Transportation Management Program. In evaluating whether to allow more than one hundred thirty-five (135) percent of the minimum, the Director, in consultation with Seattle Department of Transportation and Metropolitan King County, shall consider evidence of parking demand and opportunities for alternative means of transportation. Factors to be considered shall include but are not necessarily limited to the criteria contained in subsection D of this section and the following:

a. The nature of services provided by Major Institution uses which generate short-term parking demand; and

b. The extent to which the Major Institution manages short-term parking to ensure its availability to meet short-term parking needs.

Based on this review, the Director shall determine the amount of additional short-term parking to be permitted, if any.

6. When an institution applies for a permit for development included in its master plan, it shall present evidence that it has made substantial progress toward the goals of its transportation management program as approved with a master plan, including the SOV goal. If substantial progress is not being made, as determined by the Director in consultation with the Seattle Department of Transportation and metropolitan King County, the Director may:

a. Require the institution to take additional steps to comply with the transportation management program; and/or

b. Require measures in addition to those in the transportation management program which encourage alternative means of transportation for the travel generated by the proposed new development; and/or

c. Deny the permit if previous efforts have not resulted in sufficient progress toward meeting the SOV goals of the institution.

D. Development Standards for Parking.

1. Long-term Parking.

a. Carpools and vanpools shall be given guaranteed spaces in a more convenient location to the Major Institution uses they serve than SOV spaces, and shall be charged substantially less than the prevailing parking rates for SOVs.

b. There shall be a charge for all noncarpool/vanpool long-term parking spaces.

2. Bicycle Parking.

a. Required bicycle parking shall be in a convenient location, covered in the same proportion as auto parking spaces and provided free of charge.

b. Bicycle rack designs shall accommodate locking of the bicycle frame and both wheels with chains, cables, or U-shaped bicycle locks to an immovable rack or stall.

3. Joint use or shared use of parking areas and facilities shall be encouraged if approved by the Director according to the standards of Section 23.54.020 G.

4. The location and design of off-street parking and access to off-street parking shall be regulated according to the general standards of Chapter 23.54 and the specific standards of the underlying zone in which the parking is located.

(Ord. 122311, § 69, 2006; Ord. 121477 § 31, 2004; Ord. 118409 § 200, 1996: Ord. 118362 § 8, 1996; Ord. 115165 § 1(part), 1990: Ord. 115002 § 13(part), 1990; Ord. 113710 § 1(part), 1987; Ord. 113658 § 7(part), 1987; Ord. 113464 § 2(part), 1987; Ord. 113263 § 26(part), 1986: Ord. 112777 § 32(part), 1986.)

1. Editor's Note: Ordinance 115002, which originally added Section 23.54.016 as subsection K of Section 23.54.015, on Major Institutions, was passed by the City Council on March 26, 1990. Ordinance 115165, which created Section 23.54.016 from Section 23.54.015 K, was passed by the Council on June 25, 1990.

23.54.020 Parking quantity exceptions

The parking quantity exceptions set forth in this section apply in all zones except downtown zones, which are regulated by Section 23.49.019, and Major Institution zones, which are regulated by Section 23.54.016.

A. Adding Units to Existing Structures in Multifamily and Commercial Zones.

1. For the purposes of this Section 23.54.020, "existing structures" means those structures that were established under permit, or for which a permit has been granted and has not expired as of the applicable date, as follows:

a. In multifamily zones, August 10, 1982;

b. In commercial zones, June 9, 1986.

2. In locations in a multifamily or commercial zone where there is a minimum parking requirement, one dwelling unit may either be added to an existing structure or may be built on a lot that contains an existing structure without additional parking if both of the following requirements are met:

a. Either the existing parking provided on the lot meets development standards, or the lot area is not increased and existing parking is screened and landscaped to the greatest extent practical; and

b. Any additional parking shall meet all development standards for the zone.

3. In locations in a multifamily or commercial zone where there is a minimum parking requirement, the Director may authorize a reduction or waiver of the parking requirement as a Type I decision when dwelling units are proposed to be added either to an existing structure or on a lot that contains an existing structure, in addition to the exception permitted in subsection 23.54.020.A.2, if the conditions in subsections 23.54.020.A.3.a and b below are met, and either of the conditions in subsections 23.54.020.A.3.c or d below are met:

a. The only use of the structure will be residential; and

b. The lot is not located in either the University District Parking Overlay Area (Map A for 23.54.015) or the Alki Area Parking Overlay (Map B for 23.54.015); and

c. The topography of the lot or location of existing structures makes provision of an off-street parking space physically infeasible in a conforming location; or

d. The lot is located in a residential parking zone (RPZ) and a current parking study is submitted showing a utilization rate of less than 75 percent for on-street parking within 400 feet of all lot lines.

B. Tandem Parking in Multifamily Structures.

1. Off-street parking required for multifamily structures may be provided as tandem parking, as defined in Section 23.54.030. A tandem parking space counts as one and one-half (1 1/2) parking spaces, except as provided in subsection B2 below, and must meet the minimum size requirements of subsection A of Section 23.54.030.

2. When a minimum of at least one (1) parking space per dwelling unit in a multifamily structure is required, the total number of parking spaces provided, counting each tandem parking space as one space, may not be less than the total number of dwelling units.

C. Parking Exception for Landmark Structures. The Director may reduce or waive the minimum accessory off-street parking requirements for a use permitted in a Landmark structure, or when a Landmark structure is completely converted to residential use according to Sections 23.42.108 or 23.45.506, or for a use in a Landmark district that is located in a commercial zone, as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

1. In making any such reduction or waiver, the Director will assess area parking needs. The Director may require a survey of on- and off-street parking availability. The Director may take into account the level of transit service in the immediate area; the probable relative importance of walk-in traffic; proposals by the applicant to encourage carpooling or transit use by employees; hours of operation; and any other factor or factors considered relevant in determining parking impact.

2. The Director may also consider the types and scale of uses proposed or practical in the Landmark structure, and the controls imposed by the Landmark designation.

3. Such a reduction or waiver may be allowed, for conversion of structures to residential use, only if the Director also determine that there is no feasible way to meet parking requirements on the lot.

D. Expansion of Existing Nonresidential Uses in Commercial Zones. In commercial zones additional parking spaces for nonresidential uses are not required for the expansion of existing structures if the minimum parking requirement would not be increased by more than ten (10) percent. If the minimum parking requirement would be increased by more than ten (10) percent, the parking spaces required for the entire expansion shall be provided. This exception may be used only once for any individual structure.

E. Reductions to required parking in pedestrian-designated zones are permitted according to the provisions of Section 23.54.015 Table D.

F. Reductions to minimum parking requirements.

1. Reductions to minimum parking requirements permitted by this subsection will be calculated from the minimum parking requirements in Section 23.54.015. Total reductions to required parking as provided in this subsection may not exceed 40 percent.

2. Transit reduction.

a. In multifamily and commercial zones, the minimum parking requirement for all uses is reduced by 20 percent if the use is located within 1,320 feet of a street with frequent transit service. This distance will be the walking distance measured from the nearest transit stop to the lot line of the lot containing the use.

b. In industrial zones, the minimum parking requirement for a nonresidential use is reduced by 15 percent if the use is located within 1,320 feet of a street with peak transit service headways of 15 minutes or less. This distance will be the walking distance measured from the nearest transit stop to the lot line of the lot containing the use.

3. For new or expanding offices or manufacturing uses that require 40 or more parking spaces, the minimum parking requirement may be reduced by up to a maximum of 40 percent by the substitution of alternative transportation programs, according to the following provisions:

a. For every certified carpool space accompanied by a cash fee, performance bond or alternative guarantee acceptable to the Director, the total parking requirement will be reduced by 1.9 spaces, up to a maximum of 40 percent of the parking requirement. The Director will consult with the Director of the Seattle Department of Transportation in certifying carpool spaces and the location of carpool parking.

b. For every certified vanpool purchased or leased by the applicant for employee use, or equivalent cash fee for purchase of a van by the public ridesharing agency, the total parking requirement will be reduced by six spaces, up to a maximum of 20 percent of the parking requirement. Before a certificate of occupancy may be issued, details of the vanpool program shall be specified in a Memorandum of Agreement executed between the proponent, the Director, and the Director of the Seattle Department of Transportation.

c. If transit or transportation passes are provided with a 50 percent or greater cost reduction to all employees in a proposed structure for the duration of the business establishment(s) within it, or five years, whichever is less, and if transit service is located within 800 feet, the parking requirement shall be reduced by 10 percent. With a 25 percent to 49 percent cost reduction, and if transit service is located within 800 feet, the parking requirement shall be reduced by 5 percent.

d. For every four covered bicycle parking spaces provided, the total parking requirement shall be reduced by one space, up to a maximum of 5 percent of the parking requirement, provided that there is access to an arterial over improved streets.

G. Shared Parking.

1. Shared Parking, General Provisions.

a. Shared parking is allowed between two (2) or more uses to satisfy all or a portion of the minimum off-street parking requirement of those uses as provided in subsections G2 and G3.

b. Shared parking is allowed between different categories of uses or between uses with different hours of operation, but not both.

c. A use for which an application is being made for shared parking must be located within eight hundred (800) feet of the parking.

d. No reduction to the parking requirement may be made if the proposed uses have already received a reduction through the provisions for cooperative parking, subsection H.

e. Reductions to parking permitted through shared use of parking will be determined as a percentage of the minimum parking requirement as modified by the reductions permitted in subsections A though F.

f. An agreement providing for the shared use of parking, executed by the parties involved, must be filed with the Director. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, then parking must be provided as otherwise required by this chapter.

2. Shared Parking for Different Categories of Uses.

a. A business establishment may share parking according to only one of the subsections G2b, G2c or G2d.

b. If an office use shares parking with one of the following uses:

(1) general sales and services.

(2) heavy sales and services uses.

(3) eating and drinking establishments.

(4) lodging uses.

(5) entertainment.

(6) medical services.

(7) animal shelters and kennels.

(8) automotive sales and services, or

(9) maritime sales and services;

the parking requirement for the non-office use may be reduced by twenty (20) percent, provided that the reduction will not exceed the minimum parking requirement for the office use.

c. If a residential use shares parking with one of the following uses:

(1) general sales and services,

(2) heavy sales and services uses,

(3) medical services,

(4) animal shelters and kennels,

(5) automotive sales and services, or

(6) maritime sales and services;

the parking requirement for the residential use may be reduced by thirty (30) percent, provided that the reduction does not exceed the minimum parking requirement for the nonresidential use.

d. If an office and a residential use share off-street parking, the parking requirement for the residential use may be reduced by fifty (50) percent, provided that the reduction does not exceed the minimum parking requirement for the office use.

3. Shared Parking for Uses With Different Hours of Operation.

a. For the purposes of this section, the following uses will be considered daytime uses:

(1) Commercial uses, except eating and drinking establishments, lodging uses, and entertainment uses;

(2) Storage uses;

(3) Manufacturing uses; and

(4) Other similar primarily daytime uses, when authorized by the Director.

b. For the purposes of this section, the following uses will be considered nighttime or Sunday uses:

(1) Auditoriums accessory to public or private schools;

(2) Religious facilities;

(3) Entertainment uses, such as theaters, bowling alleys, and dance halls;

(4) Eating and drinking establishments; and

(5) Other similar primarily nighttime or Sunday uses, when authorized by the Director.

c. Up to ninety (90) percent of the parking required for a daytime use may be supplied by the off-street parking provided by a nighttime or Sunday use and vice-versa, when authorized by the Director, except that this may be increased to one hundred (100) percent when the nighttime or Sunday use is a religious facility.

d. The applicant must show that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.

e. The establishment of park-and-pool lots is permitted, provided that the park-and-pool lot will not use spaces required by another use if there is a substantial conflict in the principal operating hours of the park-and-pool lot and the use.

H. Cooperative Parking.

1. Cooperative parking is permitted between two (2) or more business establishments that are commercial uses according to the provisions of this subsection.

2. Up to a twenty (20) percent reduction in the total number of required parking spaces for four (4) or more separate business establishments, fifteen (15) percent reduction for three (3) business establishments, and ten (10) percent reduction for two (2) commercial uses may be authorized by the Director under the following conditions:

a. No reductions to the parking requirement may be made if the proposed business establishments have already received a reduction through the provisions for shared parking, subsection G of this section.

b. Each business establishment for which the application is being made for cooperative parking is located within eight hundred (800) feet of the parking, and the parking is located in a commercial or residential-commercial zone or the Seattle Mixed (SM) zone.

c. The reductions to parking permitted through cooperative parking will be determined as a percentage of the minimum parking requirement as modified by the reductions permitted in subsections A through F of this section.

d. An agreement providing for the cooperative use of parking must be filed with the Director when the facility or area is established as cooperative parking. Cooperative parking privileges will continue in effect only as long as the agreement to use the cooperative parking remains in force. If the agreement is no longer in force, then parking must be provided as otherwise required by this chapter. New business establishments seeking to meet parking requirements by becoming part of an existing cooperative arrangement must provide the Director with an amendment to the agreement stating their inclusion in the cooperative parking facility or area.

I. Reductions to Minimum Parking Requirements for Department of Parks and Recreation (DOPAR) Community Centers.

1. When family support centers are located within DOPAR community centers, the Director may, upon request by DOPAR, lower the combined parking requirement for the community center and the family support center up to a maximum of fifteen (15) percent.

2. The parking requirement may be reduced only if the reduction is supported by a recommendation of the Project Advisory Committee formed to review the DOPAR community center, and the Director determines and makes written findings that:

a. The lower parking requirement is necessary to preserve existing natural features or recreational facilities deemed significant by DOPAR and the Project Advisory Committee formed to review the DOPAR community center, and the reduction is the minimum necessary to preserve such features and/or facilities; and

b. The surrounding streets can accommodate overflow parking from the combined community center and family support center or, alternatively, any adverse parking impacts on the neighborhood from the combined community center and family support center will be mitigated.

J. Parking for City-recognized Car-sharing Programs.

1. For any development, one (1) space or up to five (5) percent of the total number of required spaces, whichever is greater, may be used to provide parking for vehicles operated by a car-sharing program. The number of required parking spaces will be reduced by one (1) space for every parking space leased by a car-sharing program.

2. For any development requiring twenty (20) or more parking spaces under Section 23.54.015 that provides a space for vehicles operated by a car-sharing program, the number of required parking spaces may be reduced by the lesser of three (3) required parking spaces for each car-sharing space or fifteen (15) percent of the total number of required spaces. In order to gain this exception, an agreement between the property owner and a car-sharing program must be approved by the Director and the agreement, along with a notice that the agreement is the basis for this exception to the parking requirement, must be recorded with the title to the property before a Master Use Permit is issued.

K. Peat Settlement-prone Environmentally Critical Areas. Except in Single-family, Residential Small Lot, and Lowrise zones, the Director may reduce or waive the minimum accessory off-street parking requirements to the minimum extent necessary to offset underground parking potential lost to limitations set forth in Section 25.09.110 on development below the annual high static groundwater level in peat settlement-prone areas. In making any such reduction or waiver, the Director will assess area parking needs. The Director may require a survey of on- and off-street parking availability. The Director may take into account the level of transit service in the immediate area; the probable relative importance of walk-in traffic; proposals by the applicant to encourage carpooling or transit use by employees; hours of operation; and any other factor or factors considered relevant in determining parking impact.

L. SM/D/40-85 zone. As a Type I decision pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, the Director may reduce required parking for any proposed uses in the SM/D/40-85 zone to a level not less than the amount needed to serve parking demand to be generated by those uses as demonstrated to the satisfaction of the Director by a parking demand study performed by a licensed professional engineer and submitted by the applicant.

M. In urban centers or the Station Area Overlay District, no parking for motor vehicles is required for uses in commercial and multifamily zones, except that parking for fleet vehicles is required pursuant to Section 23.54.035.

N. No parking is required for commercial uses permitted in multifamily zones pursuant to subsection 23.45.504.E.

(Ord. 123495, § 65, 2011; Ord. No. 123209, § 55, 2009; Ord. 123046, § 65, 2009; Ord. 122935, § 14, 2009; Ord. 122835, § 5, 2008; Ord. 122738, § 4, 2008; Ord. 122311, § 70, 2006; Ord. 122054 § 74, 2006; Ord. 121782 § 32, 2005; Ord. 120691 § 16, 2001; Ord. 120535 § 1, 2001; Ord. 120293 § 9, 2001; Ord. 119239 § 30, 1998; Ord. 118794 § 41, 1997; Ord. 118362 § 9, 1996; Ord. 118302 § 14, 1996; Ord. 117869 § 2, 1995; Ord. 117263 § 51, 1994; Ord. 114196 § 17, 1988; Ord. 113710 § 2, 1987; Ord. 113658 § 8, 1987; Ord. 113263 § 27, 1986; Ord. 112777 § 32(part), 1986.)

23.54.025 Off-site parking

A. Where allowed. Off-site parking may be established by permit on a lot where the type of parking proposed is allowed by the provisions of this Title 23, if the lot's location is an eligible for parking accessory to the use for which the parking is required. If parking and parking access, including the proposed off-site parking, are or will be the sole uses of a lot, or if surface parking outside of structures will comprise more than half of the lot area, or if parking will occupy more than half of the gross floor area of all structures on a lot, then a permit to establish off-site parking may be granted only if principal use parking is a permitted use for such lot.

B. Development standards.

1. Off-site parking shall satisfy the screening and landscaping requirements and other development standards applicable where it is located, except to the extent that it is legally nonconforming to development standards prior to establishment of the off-site parking use. Unless otherwise provided, development standards regarding the relation of parking to structures apply to off-site parking in the same manner as they apply to parking accessory to the uses in such structures.

2. Parking allowed only as temporary surface parking does not qualify as off-site parking.

3. Parking shall not be established as off-site parking for more than one use unless authorized to be shared according to the shared parking provisions of this Chapter 23.54.

4. If maximum parking limits apply to a use, off-site parking permitted for that use shall count against the maximum limit unless otherwise expressly stated in the provisions of this Title 23 applicable to the lot where the use requiring parking is located.

C. Permit requirements.

1. When all or part of the required parking for a use is to be provided on a lot other than the lot on which the use requiring parking is located, a permit must be obtained to establish off-site parking for the use requiring parking as a use on the off-site parking lot.

2. The permit application must be submitted by or on behalf of the owner of the off-site parking lot along with written consent of the owner of the lot on which the use requiring parking is located, or such owner's authorized representative.

3. The permit may be issued only after the applicant has demonstrated that the off-site parking complies with all applicable requirements of this Title 23. An application to establish off-site parking, or to change the use for which off-site parking is provided, may be considered as part of the application to establish, expand or change the use requiring off-site parking.

D. Required notice.

1. When off-site parking is required parking for a use on any lot, notice of this off-site parking arrangement shall be recorded with the King County Recorder for both lots. The notice shall:

a. include legal descriptions of both the lots on which the use requiring parking is located and the off-site parking lot; and

b. identify by an attached drawing the number and location of spaces established as off-site parking for the use requiring parking;

2. A copy of the notice, with attached drawing, shall be submitted as part of any permit application for any use for which the off-site parking is to be used to satisfy all or part of the parking requirement. Once the permit application is complete in every other respect, a copy of the notice, with attached drawing and a recording number assigned by the King County Recorder, shall be submitted prior to issuance of the permit.

E. Termination, change, or suspension of off-site parking use.

1. Except as otherwise provided in subsection F of this Section 23.54.025, in order to terminate any off-site parking use, or to establish a new use for which off-site parking will be provided on the off-site parking lot, a change of use permit is required. Such a change of use permit shall not be issued unless:

a. the owner of the lot on which the use requiring parking is located has been notified in writing of the change of use; and

b. the off-site parking is not required for any reason, which may include one or more of the following:

1) the use requiring parking has been discontinued or reduced in size;

2) the parking is no longer required by this Title 23;

3) other parking meeting the requirements of Title 23 has been provided for the use requiring parking and, if it is off-site parking, established by permit;

4) a variance allowing the use requiring parking to continue without all or part of such off-site parking has been granted.

2. If the owner of a lot where off-site parking is established plans to improve the lot and continue to provide off-site parking for the use requiring parking after completion of the improvements, the owners of such lot and the lot on which the use requiring parking is located, or such owners' authorized representatives, may apply for a temporary suspension of the off-site parking use, by submitting to the Director:

a. a plan, with attached drawings showing the number and location of parking spaces, for providing interim parking for the use requiring parking, satisfying all applicable requirements of this title, until improvements to the off-site parking lot are completed;

b. a plan, with attached drawings showing the number and location of parking spaces, for the provision of permanent parking for the use requiring parking, satisfying all applicable requirements of this title, when the improvements are completed; and

c. such other materials as the Director may require to evaluate the proposal.

3. If the Director approves the plans for purposes of subsection 23.54.025.E.2, then the Director may authorize the suspension of the off-site parking use pending the completion of the proposed improvements, conditioned upon issuance of a building permit for the proposed improvements, issuance of any permits necessary to establish the interim parking use, and the actual provision of the other off-site parking in accordance with applicable development standards.

4. If a use requiring off-site parking is suspended as a result of fire, act of nature, or other causes beyond the control of the owners, or for substantial renovation or reconstruction, then subject to the applicable provisions in the zone or district where the off-site parking is located, the Director may approve the temporary use of the off-site parking to serve one or more other uses, or as general purpose parking, for a period not to exceed 180 days, subject to extensions for not more than 180 days if at the end of the initial period or any extension the use requiring parking has not recommenced.

5. No permit for the demolition of a structure including off-site parking, established under this Section 24.54.025 or of any portion thereof necessary for such off-site parking, shall be issued, except in case of emergency, unless the off-site parking use has been terminated or temporarily suspended pursuant to this Section 23.54.025.E. If any such structure, or such portion thereof, is destroyed as a result of fire, act of nature, or other causes beyond the control of the owners, then the owner of the off-site parking lot may obtain a change of use permit. Upon such destruction of off-site parking, the lot on which the use requiring parking will be subject to Section 23.54.025.G.

F. Off-site parking established by covenant.

1. Off-site parking established by a covenant or other document approved by the Director and recorded in the King County real property records consistent with this Section 23.54.025 as in effect immediately prior to the effective date of this ordinance, if that date is after either the date of vesting under Section 23.76.026 of the Master Use Permit application with which the covenant was submitted or the date when such covenant or other document was approved, may be used as required parking for the use(s) identified in such covenant to the extent to consistent with the Master Use Permit and any other conditions of the Director's approval, without compliance with subsections 23.54.025.C and D, so long as such off-site parking use is not discontinued for a period of 90 days, and subject to compliance with any applicable development standards. The owner of any such off-site parking spaces and the owner of the use requiring parking each are responsible for notifying the Director should the use of any or all of those spaces as off-site parking for the use requiring parking cease.

2. When maximum parking limits apply to a use requiring off-site parking, off-site parking permitted for that use under this subsection 23.54.025.F shall count against the maximum limit unless otherwise expressly stated in the provisions of this title that apply to the lot where the use requiring parking is located.

3. Off-site parking established by covenant or other document approved by the Director, and not by permit establishing off-site parking use, is not subject to the requirements of subsection E of this section 23.54.025.

4. Any replacement off-site parking established by covenant in compliance with subsection 23.54.025.G.5 shall be considered to have been established as described in subsection 23.54.025. F.1.

G. Effect of loss of required off-site parking.

1. If, for any reason, any off-site parking used to satisfy the minimum required parking for any use requiring parking is not available for off-site parking for such use in conformity with the applicable use permit, then it shall be unlawful to continue the use requiring parking unless:

a. other parking meeting the requirements of this Title 23 is provided on the same lot as the use requiring parking within 30 days;

b. other off-site parking is secured, a permit is applied for to establish the off-site parking use within 30 days, such permit is obtained within 180 days, and the other off-site parking is completed in accordance with all applicable requirements and is in use within 180 days unless the Director, upon finding that substantial progress toward completion has been made and that the public will not be adversely affected by the extension, grants an extension in writing;

c. the loss of off-site parking is caused by damage to or destruction of a structure, and either

1) the owners of the off-site parking and of the lot of the use requiring parking apply for a permit to establish other existing spaces on the off-site parking lot as parking for such use within 90 days, and such permit is granted within 180 days; or

2) the owner of the off-site parking lot applies for any permit necessary to repair or rebuild the structure so as to provide the off-site parking within 90 days, the off-site parking is completed in accordance with all applicable requirements within 180 days, unless the Director, upon finding that substantial progress toward completion has been made and that the public will not be adversely affected by the extension, grants an extension in writing, and if the location on the lot of the off-site parking is modified, the owner executes and records within 180 days an amendment to the notice identifying the location of the off-site parking in the rebuilt or repaired structure; or

d. a variance is applied for within 30 days and subsequently granted; or

e. the off-site parking was exempt, under subsection 23.54.025.F, from the requirements of subsections C, D, and E of this section 23.54.025, and within 30 days substitute off-site parking, on a lot where such parking is permitted by the provisions of this Title 23 and consistent with all applicable development standards, is provided and established by recorded covenant consistent with the terms of this Section 23.54.025 as in effect immediately prior to the effective date of this ordinance.

2. Unless a variance is applied for within such 30 day period and not denied, upon the expiration of any applicable period in subsections 23.54.025.G.1.a, G.1.b or G.1.c without the completion of the action or actions required, the use requiring parking shall be discontinued to the extent necessary so that the remaining parking for that use satisfies the applicable minimum parking requirement. Upon the denial of a variance from parking requirements the use requiring parking must be discontinued to that extent, unless the conditions of subsection 23.54.025.G.1.a, G.1.b, G.1.c or G.1.e are then satisfied. Each period stated in this subsection 23.54.025.G runs from the first date upon which spaces established as off-site parking are not available for use as off-site parking.

H. Signage. Signage for off-site parking is required, subject to the applicable restrictions in the zone or district, both on the same lot as the use requiring parking and on the off-site parking lot, as follows:

1. One or more signs, each of a size and at a location to be approved by the Director, must be placed on the same lot as the use requiring parking indicating the address of the off-site parking and that it is available to one or more user groups (e.g., customers, employees, residents).

2. One or more signs, each of a size and at a location to be approved by the Director, must be placed on the off-site parking lot identifying the use(s) served by the parking spaces, and sufficient signage shall be provided to clearly specify the spaces that are reserved for each use requiring parking and, if applicable, the days and times when the spaces are so reserved.

3. The Director may allow the use of temporary signage for off-site parking serving spectator sports facilities.

I. Management and operation of off-site parking. If a party other than the owner of the off-site parking lot is responsible for its management and operation, the Director may require verification from the owner of the off-site parking lot that the party responsible for its management and operation has been apprised of the requirements of this section 23.54.025 and any applicable permits.

(Ord. 123495, § 66, 2011; Ord. 112777 § 32(part), 1986.)

23.54.030 Parking space standards

Parking spaces required by Section 23.54.015, and required barrier-free parking, shall meet the standards of this Section 23.54.030. Parking for residential uses provided in excess of the quantity required by Section 23.54.015 is exempt from the requirements of subsections 23.54.030.A and 23.54.030.B.

A. Parking Space Dimensions.

1. "Large vehicle" means the minimum size of a large vehicle parking space shall be 8.5 feet in width and 19 feet in length.

2. "Medium vehicle" means the minimum size of a medium vehicle parking space shall be 8 feet in width and 16 feet in length.

3. "Small vehicle" means the minimum size of a small vehicle parking space shall be 7.5 feet in width and 15 feet in length.

4. "Barrier-free parking" means a parking space meeting the following standards:

a. Parking spaces shall not be less than 8 feet in width and shall have an adjacent access aisle not less than 5 feet in width. Van-accessible parking spaces shall have an adjacent access aisle not less than 8 feet in width. Where two adjacent spaces are provided, the access aisle may be shared between the two spaces. Boundaries of access aisles shall be marked so that aisles will not be used as parking space.

b. A minimum length of 19 feet or when more than one barrier-free parking space is provided, at least one shall have a minimum length of 19 feet, and other spaces may be the lengths of small, medium or large spaces in approximate proportion to the number of each size space provided on the lot.

5. "Tandem parking" means a parking space equal to the width and 2 times the length of the vehicle size standards in subsections 23.54.030.A.1, A.2, and A.3 for the size of the vehicle to be accommodated.

6. Columns or other structural elements may encroach into the parking space a maximum of 6 inches on a side, except in the area for car door opening, 5 feet from the longitudinal centerline or 4 feet from the transverse centerline of a parking space (see Exhibit A for 23.54.030). No wall, post, guardrail, or other obstruction, or lot line, is permitted within the area for car door opening.

7. If the parking space is next to a lot line and the parking space is parallel to the lot line, the minimum width of the space is 9 feet.

B. Parking space requirements. The required size of parking spaces shall be determined by whether the parking is for a residential, nonresidential or live-work use. In structures containing both residential and either nonresidential uses or live-work units, parking that is clearly set aside and reserved for residential use shall meet the standards of subsection 23.54.030.B.1; otherwise, all parking for the structure shall meet the standards of subsection 23.54.030.B.2. All uses shall provide barrier-free accessible parking if required by the Building Code, Subtitle 1 of Title 22, or the Residential Code, Subtitle 1a of Title 22.

1. Residential uses.

a. When five or fewer parking spaces are provided, the minimum required size of a parking space shall be for a medium car, as described in subsection A.2 of this Section 23.54.030, except as provided in subsection 23.54.030.B.1.d.

b. When more than five parking spaces are provided, a minimum of 60 percent of the parking spaces shall be striped for medium vehicles. The minimum size for a medium parking space shall also be the maximum size. Forty percent of the parking spaces may be striped for any size, provided that when parking spaces are striped for large vehicles, the minimum required aisle width shall be as shown for medium vehicles.

c. Assisted living facilities. Parking spaces shall be provided as in subsections 23.54.030.B.1.a and B.1.b above, except that a minimum of two spaces shall be striped for a large vehicle.

d. Townhouse units. For an individual garage serving a townhouse unit, the minimum required size of a parking space shall be for a large car, as described in subsection 23.54.030.A.

2. Nonresidential uses and live-work units.

a. When ten or fewer parking spaces are provided, a maximum of 25 percent of the parking spaces may be striped for small vehicles. A minimum of 75 percent of the spaces shall be striped for large vehicles.

b. When between 11 and 19 parking spaces are provided, a minimum of 25 percent of the parking spaces shall be striped for small vehicles. The minimum required size for these small parking spaces shall also be the maximum size. A maximum of 65 percent of the parking spaces may be striped for small vehicles. A minimum of 35 percent of the spaces shall be striped for large vehicles.

c. When 20 or more parking spaces are provided, a minimum of 35 percent of the parking spaces shall be striped for small vehicles. The minimum required size for small parking spaces shall also be the maximum size. A maximum of 65 percent of the parking spaces may be striped for small vehicles. A minimum of 35 percent of the spaces shall be striped for large vehicles.

d. The minimum vehicle clearance shall be at least 6 feet 9 inches on at least one floor, and there shall be at least one direct entrance from the street that is at least 6 feet 9 inches in height for all parking garages accessory to nonresidential uses and live-work units and for all principal use parking garages.

C. Backing Distances and Moving Other Vehicles.

1. Adequate ingress to and egress from all parking spaces shall be provided without having to move another vehicle, except in the case of multiple spaces provided for a single-family dwelling or an accessory dwelling unit associated with a single-family dwelling, or in the case of tandem parking authorized under Section 23.54.020.B.

2. Except for lots with fewer than three parking spaces, ingress to and egress from all parking spaces shall be provided without requiring backing more than 50 feet.

D. Driveways. Driveway requirements for residential and nonresidential uses are described below. When a driveway is used for both residential and nonresidential parking, it shall meet the standards for nonresidential uses described in subsection 23.54.030.D.2.

1. Residential uses.

a. Driveway width. Driveways less than 100 feet in length that serve 30 or fewer parking spaces shall be a minimum of 10 feet in width for one-way or two-way traffic.

b. Except for driveways serving one single-family dwelling unit, driveways more than 100 feet in length that serve 30 or fewer parking spaces shall either:

1) be a minimum of 16 feet wide, tapered over a 20 foot distance to a 10 foot opening at the lot line; or

2) be a minimum of 10 feet wide and provide a passing area at least 20 feet wide and 20 feet long. The passing area shall begin 20 feet from the lot line, with an appropriate taper to meet the 10 foot opening at the lot line. If a taper is provided at the other end of the passing area, it shall have a minimum length of 20 feet.

c. Driveways of any length that serve more than 30 parking spaces shall be at least 10 feet wide for one-way traffic and at least 20 feet wide for two-way traffic.

d. Driveways for two attached rowhouse or townhouse units may be paired so that there is a single curb cut providing access. The maximum width of the paired driveway is 18 feet.

e. Driveways with a turning radius of more than 35 degrees shall conform to the minimum turning path radius shown in Exhibit B for 23.54.030.

{/PICK;23-54-030-2;19p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-54-030-2.tif;19p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;18p;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit B for 23.54.030: Turning Path Radius\.

f. Vehicles may back onto a street from a parking area serving five or fewer vehicles, provided that either:

1) The street is not an arterial as defined in Section 11.18.010; or

2) For one single-family dwelling unit, the Director may permit backing onto an arterial based on a safety analysis that addresses visibility, traffic volume, and other relevant issues.

g. Nonconforming driveways. The number of parking spaces served by an existing driveway that does not meet the standards of this subsection 23.54.030.D.1 shall not be increased. This prohibition may be waived by the Director after consulting with the Director of the Seattle Department of Transportation, based on a safety analysis.

2. Nonresidential Uses.

a. Driveway Widths.

1) The minimum width of driveways for one way traffic shall be 12 feet and the maximum width shall be 15 feet.

2) The minimum width of driveways for two way traffic shall be 22 feet and the maximum width shall be 25 feet.

b. Driveways shall conform to the minimum turning path radius shown in Exhibit B for 23.54.030.

3. Driveway slope for all uses. No portion of a driveway, whether located on a lot or on a right-of- way, shall exceed a slope of 15 percent, except as provided in this subsection 23.54.030.D.3. The maximum 15 percent slope shall apply in relation to both the current grade of the right-of-way to which the driveway connects, and to the proposed finished grade of the right-of-way if it is different from the current grade. The ends of a driveway shall be adjusted to accommodate an appropriate crest and sag. The Director may permit a driveway slope of more than 15 percent if it is found that:

a. The topography or other special characteristic of the lot makes a 15 percent maximum driveway slope infeasible;

b. The additional amount of slope permitted is the least amount necessary to accommodate the conditions of the lot; and

c. The driveway is still useable as access to the lot.

E. Parking Aisles.

1. Parking aisles shall be provided according to the requirements of Exhibit C for 23.54.030.

{/PICK;23-54-030-3;comptd;45p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-54-030-3.tif;comptd;45p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior} {/CAPT;comptd;comptd;left;stack;1p;0;cw;0;0;0;0}\mExhibit C for 23.54.030: Parking Aisle Dimensions\.

2. Minimum aisle widths shall be provided for the largest vehicles served by the aisle.

3. Turning and maneuvering areas shall be located on private property, except that alleys may be credited as aisle space.

4. Aisle slope shall not exceed 17 percent provided that the Director may permit a greater slope if the criteria in subsections D.4.a, D.4.b, and D.4.c of this Section 23.54.030 are met.

F. Curb cuts. The number of permitted curb cuts is determined by whether the parking served by the curb cut is for residential or nonresidential use, and by the zone in which the use is located. If a curb cut is used for more than one use or for one or more live-work units, the requirements for the use with the largest curb cut requirements shall apply.

1. Residential uses.

a. Number of curb cuts.

1) For lots not located on a principal arterial designated on the Arterial street map, Section 11.18.010, curb cuts are permitted according to Table A for 23.54.030:

Table A for 23.54.030: Curb Cuts for Non-Arterial Street or Easement Frontage
Street or Easement Frontage of the LotNumber of Curb Cuts Permitted
80 feet or less1
Greater than 80 feet up to 160 feet2
Greater than 160 feet up to 240 feet3
Greater than 240 feet up to 320 feet4
For lots with frontage in excess of 320 feet, the pattern established above continues.

2) For lots on principal arterials designated on the Arterial street map, Section 11.18.010, curb cuts are permitted according to Table B for 23.54.030:

Table B for 23.54.030: Curb Cuts for Principal Arterial Street Frontage
Street or Easement Frontage of the LotNumber of Curb Cuts Permitted
160 feet or less1
Greater than 160 feet up to 320 feet2
Greater than 320 feet up to 4803
For lots with street frontage in excess of 480 feet, the pattern established above continues.

3) On a lot that has both principal arterial and non-principal arterial street frontage, the total number of curb cuts on the principal arterial is calculated using only the length of the street lot line on the principal arterial.

4) If two adjoining lots share a common driveway, the combined frontage of the two lots will be considered as one in determining the maximum number of permitted curb cuts.

b. Curb cut width. Curb cuts shall not exceed a maximum width of 10 feet except that:

1) For lots on principal arterials designated on the Arterial street map, Section 11.18.010, the maximum curb cut width is 23 feet;

2) One curb cut greater than 10 feet but in no case greater than 20 feet in width may be substituted for each two curb cuts permitted by subsection 23.54.030.F.1.a;

3) A greater width may be specifically permitted by the development standards in a zone;

4) If subsection D of this Section 23.54.030 requires a driveway greater than 10 feet in width, the curb cut may be as wide as the required width of the driveway; and

5) A curb cut may be less than the maximum width permitted but shall be at least as wide as the minimum required width of the driveway it serves.

c. Distance between curb cuts.

1) The minimum distance between any two curb cuts located on a lot is 30 feet.

2) For rowhouse and townhouse developments located on more than one lot, the minimum distance between curb cuts is 18 feet (See Exhibit D for 23.54.030).

{/PICK;23-54-030-4;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-54-030-4.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

2. Nonresidential uses in all zones except industrial zones.

a. Number of Curb cuts.

1) In all residential zones, RC zones, and within the Major Institution Overlay District, two-way curb cuts are permitted according to Table C for 23.54.030:

Table C for 23.54.030: Number of Curb Cuts in residential zones, RC Zones and the Major Institution Overlay District
Street Frontage of the LotNumber of Curb cuts Permitted
80 feet or less1
Greater than 80 feet up to 240 feet2
Greater than 240 feet up to 360 feet3
Greater than 360 feet up to 480 feet4
For lots with frontage in excess of 480 feet, one curb cut is permitted for every 120 feet of street frontage.

2) The Director may allow two one-way curb cuts to be substituted for one two-way curb cut, after determining, as a Type I decision, that there would not be a significant conflict with pedestrian traffic.

3) The Director shall, as a Type I decision, determine the number and location of curb cuts in C1, C2 and SM zones.

4) In downtown zones, a maximum of two curb cuts for one way traffic at least 40 feet apart, or one curb cut for two way traffic, are permitted on each street front where access is permitted by subsection 23.49.019.H. No curb cut shall be located within 40 feet of an intersection. These standards may be modified by the Director as a Type I decision on lots with steep slopes or other special conditions, to the minimum extent necessary to provide vehicular and pedestrian safety and facilitate a smooth flow of traffic.

5) For public schools, the Director shall permit, as a Type I decision, the minimum number of curb cuts that the Director determines is necessary.

6) In NC zones, curb cuts shall be provided according to subsection 23.47A.032.A, or, when 23.47A.032.A does not specify the maximum number of curb cuts, according to subsection 23.54.030F.2.a.1.

7) For police and fire stations the Director shall permit the minimum number of curb cuts that the Director determines is necessary to provide adequate maneuverability for emergency vehicles and access to the lot for passenger vehicles.

b. Curb cut widths.

1) For one way traffic, the minimum width of curb cuts is 12 feet, and the maximum width is 15 feet.

2) For two way traffic, the minimum width of curb cuts is 22 feet, and the maximum width is 25 feet, except that the maximum width may be increased to 30 feet if truck and auto access are combined.

3) For public schools, the maximum width of a curb cut is 25 feet. Development standard departures may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79.

4) For fire and police stations, the Director may allow curb cuts up to, and no wider than, the minimum width necessary to provide access for official emergency vehicles that have limited maneuverability and that must rapidly respond to emergencies. Curb cuts for fire and police stations are considered curb cuts for two-way traffic.

5) If one of the following conditions applies, the Director may require a curb cut of up to 30 feet in width, if it is found that a wider curb cut is necessary for safe access:

i. The abutting street has a single lane on the side that abuts the lot; or

ii. The curb lane abutting the lot is less than 11 feet wide; or

iii. The proposed development is located on an arterial with an average daily traffic volume of over 7,000 vehicles; or

iv. Off-street loading berths are required according to subsection G of Section 23.54.035.

c. The entrances to all garages accessory to nonresidential uses or live-work units and the entrances to all principal use parking garages shall be at least 6 feet 9 inches high.

3. All uses in industrial zones.

a. Number and location of curb cuts. The number and location of curb cuts will be determined by the Director.

b. Curb cut width. Curb cut width in Industrial zones shall be as follows:

1) If the curb cut provides access to a parking area or structure, it must be a minimum of 15 feet wide and a maximum of 30 feet wide.

2) If the curb cut provides access to a loading berth, the maximum width may be increased to 50 feet.

3) Within the minimum and maximum widths established by this subsection 23.54.030.F.3, the Director shall determine the size of the curb cuts.

4. Curb cuts for access easements.

a. If a lot is crossed by an access easement serving other lots, the curb cut serving the easement may be as wide as the easement roadway.

b. The curb cut serving an access easement shall not be counted against the number or amount of curb cuts permitted to a lot if the lot is not itself served by the easement.

5. Curb cut flare. A flare with a maximum width of 2.5 feet is permitted on either side of curb cuts in any zone.

6. Replacement of unused curb cuts. When a curb cut is no longer needed to provide access to a lot, the curb and any planting strip must be replaced.

G. Sight Triangle.

1. For exit-only driveways and easements, and two way driveways and easements less than 22 feet wide, a sight triangle on both sides of the driveway or easement shall be provided, and shall be kept clear of any obstruction for a distance of 10 feet from the intersection of the driveway or easement with a driveway, easement, sidewalk or curb intersection if there is no sidewalk, as depicted in Exhibit E for 23.54.030.

{/PICK;23-54-030-5;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-54-030-5.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

2. For two way driveways or easements 22 feet wide or more, a sight triangle on the side of the driveway used as an exit shall be provided, and shall be kept clear of any obstruction for a distance of 10 feet from the intersection of the driveway or easement with a driveway, easement, sidewalk, or curb intersection if there is no sidewalk. The entrance and exit lanes shall be clearly identified.

3. The sight triangle shall also be kept clear of obstructions in the vertical spaces between 32 inches and 82 inches from the ground.

4. When the driveway or easement is less than 10 feet from the lot line, the sight triangle may be provided as follows:

a. An easement may be provided sufficient to maintain the sight triangle. The easement shall be recorded with the King County Recorder; or

b. The driveway may be shared with a driveway on the neighboring lot; or

c. The driveway or easement may begin 5 feet from the lot line, as depicted in Exhibit F for 23.54.030.

{/PICK;23-54-030-6;18p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-54-030-6.tif;18p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

5. An exception to the sight triangle requirement may be made for driveways serving lots containing only residential uses and fewer than three parking spaces, when providing the sight triangle would be impractical.

6. In all Downtown, Industrial, Commercial 1, and Commercial 2 zones, the sight triangle at a garage exit may be provided by mirrors and/or other approved safety measures.

7. Sight triangles are not required for one-way entrances into a parking garage or surface parking area.

H. Attendant Parking. In downtown zones, any off-street parking area or structure providing more than 5 parking spaces where automobiles are parked solely by attendants employed for that purpose shall have parking spaces at least 8 feet in width, and 15 feet in length. Subsections A, B, C, D and E of this Section 23.54.030 shall not apply, except that the grade curvature of any area used for automobile travel or storage shall not exceed that specified in subsection 23.54.030.D.3. Should attendant operation be discontinued, the provisions of subsections 23.54.030 A, B, C, D and E shall apply to the parking.

I. Off-street Bus Parking. Bus parking spaces, when required, shall be 13 feet in width and 40 feet in length. Buses parked en masse shall not be required to have adequate ingress and egress from each parking space.

J. The Director may, as a Type I decision, reduce any required dimension for nonresidential uses and live-work units up to 3 percent to allow more efficient use of a surface parking area or parking garage, except for the dimensions of parking spaces and aisles for small vehicles.

(Ord. 123649, § 39, 2011; Ord. 123495, § 67, 2011; Ord. No. 123209, § 56, 2009; Ord. 123047, § 2, 2009; Ord. 122935, § 15, 2009; Ord. 122816, § 5, 2008; Ord. 122311, § 71, 2006; Ord. 122054, § 75, 2006; Ord. 121782, § 33, 2005; Ord. 121477, § 32, 2004; Ord. 121476, § 15, 2004; Ord. 121196, § 25, 2003; Ord. 120691, § 17, 2001; Ord. 119238, § 9, 1998; Ord. 118414, § 41, 1996; Ord. 118409, § 201, 1996: Ord. 118302, § 15, 1996; Ord. 117432, § 39, 1994; Ord. 117263, § 52, 1994; Ord. 115568, § 9, 1991; Ord. 115326, § 28, 1990; Ord. 113710, § 3, 1987; Ord. 113658, § 9, 1987: Ord. 113279, § 30, 1987; Ord. 113263, § 28, 1986; Ord. 112777, § 32(part), 1986.)

23.54.035 Loading berth requirements and space standards

A. Quantity of Loading Spaces.

1. The minimum number of off-street loading berths required for specific uses shall be set forth in Table A. (See Table A for Section 23.54.035.)

2. For uses not listed on Table A the Director shall determine the loading berth requirements. Loading demand and loading requirements for similar uses shall be considered in determining such requirements.

3. Existing deficits in the number of required loading berths shall be allowed to continue if a change of use occurs.

4. Uses shall be considered low-demand uses, medium-demand uses and high-demand uses, as follows. (See Table for 23.54.035 A.)

5. When a lot contains more than one (1) business establishment within the same category of low-, medium- or high-demand use, the square footage of the business establishments within the same category shall be added together in order to determine the number of required loading berths.

B. Exception to Loading Requirements.

1. For uses with less than 16,000 square feet of gross floor area that provide a loading space on a street or alley, the loading berth requirements may be waived by the Director if, after review, the Director of Transportation finds that the street or alley berth is adequate.

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

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

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

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

C. Standards for Loading Berths.

1. Width and Clearance. Each loading berth shall be not less than ten (10) feet in width and shall provide not less than fourteen (14) feet vertical clearance.

2. Length.

a. High-demand Uses. Each loading berth for a high-demand use shall be a minimum of fifty-five (55) feet in length unless reduced by determination of the Director as provided at subsection C2c.

b. Low- and Medium-demand Uses. Each loading berth for low- and medium-demand uses, except those uses identified in subsection C2d, shall be a minimum of thirty-five (35) feet in length unless reduced by determination of the Director as provided at subsection C2c.

c. Exceptions to Loading Berth Length. Where the Director finds, after consulting with the property user, that site design and use of the property will not result in vehicles extending beyond the property line, loading berth lengths may be reduced to not less than the following:

(i) High-demand Uses. Thirty-five (35) feet when access is from a collector arterial or local access street; and forty-five (45) feet when access is from a principal or minor arterial street;

(ii) Low- and Medium-demand Uses. Twenty-five (25) feet.

d. Multipurpose convenience stores, sales, service and rental of major durables, and specialty food stores may be required by the Director to increase the length of required loading berths; however, these uses shall not be required to provide loading berths in excess of fifty-five (55) feet. The review of loading berth length requirements for these uses shall focus on the size of vehicles that frequently serve the business and the frequency of loading activity that will extend beyond the lot line during daytime hours (six (6:00) a.m. to six (6:00) p.m.). Large-truck loading occurring on a daily basis shall generally require longer loading berths; when such activity occurs on at least a weekly basis, it will be evaluated regarding the amount of traffic disruption and safety problems potentially created; such activity occurring on less than a weekly basis shall generally not require longer loading berths.

3. For uses not listed in Table A, the Director shall determine the loading berth length requirements. Loading demand and loading requirements for similar uses shall be considered.

4. Maneuvering Space for Loading Berths. In addition to the length of the loading berth, additional maneuvering space may be required by the Director in the following cases:

a. For any uses with over ten thousand (10,000) square feet of gross floor area with loading berth access from a principal or minor arterial street;

b. For high-demand uses with over ten thousand (10,000) square feet of gross floor area with loading berth access from a collector arterial or local access street, especially if located across the street from another high-demand use. When required, the additional maneuvering space shall be designed and arranged to allow the most efficient use of all required loading berths by motor vehicles of the types typically employed by the activities served.

(Ord. 123649, § 40, 2011; Ord. 123046, § 65, 2009; Ord. 121477 § 33, 2004; Ord. 121359 § 8, 2003; Ord. 119238 § 10, 1998; Ord. 118409 § 202, 1996: Ord. 117432 § 40, 1994; Ord. 113658 § 10, 1987.)

{/PICK;23-54-035-1;40p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-54-035-1.tif;40p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

{/PICK;23-54-035-2;40p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-54-035-2.tif;40p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.54.040 Solid waste and recyclable materials storage and access

A. Except as provided in subsection I of this Section 23.54.040, in downtown, multifamily, and commercial zones, storage space for solid waste and recyclable materials containers shall be provided as shown in Table A for 23.54.040 for all new structures, and for existing structures to which two or more dwelling units are added.

1. Residential uses proposed to be located on separate platted lots, for which each dwelling unit will be billed separately for utilities, shall provide one storage area per dwelling unit that has minimum dimensions of 2 feet by 6 feet.

2. Residential development for which a home ownership association or other single entity exists or will exist as a sole source for utility billing may meet the requirement in subsection 23.54.040.A.1, or the requirement in Table A for 23.54.040.

3. Nonresidential development shall meet the requirement in Table A for 23.54.040.

Table A for 23.54.040: Shared Storage Space for Solid Waste Containers
Residential DevelopmentMinimum Area for Shared Storage Space
2-8 dwelling units84 square feet
9-15 dwelling units150 square feet
16-25 dwelling units225 square feet
26-50 dwelling units375 square feet
51-100 dwelling units375 square feet plus 4 square feet for each additional unit above 50
More than 100 dwelling units575 square feet plus 4 square feet for each additional unit above 100, except as permitted in subsection 23.54.040.C
Nonresidential Development (Based on gross floor area of all structures on the lot)Minimum Area for Shared Storage Space
0– 5,000 square feet82 square feet
5,001– 15,000 square feet125 square feet
15,001– 50,000 square feet175 square feet
50,001– 100,000 square feet 225 square feet
100,001– 200,000 square feet275 square feet
200,001 plus square feet500 square feet
Mixed use development that contains both residential and nonresidential uses, shall meet the requirements of subsection 23.54.040.B.

B. Mixed use development that contains both residential and nonresidential uses shall meet the storage space requirements shown in Table A for 23.54.040 for residential development, plus 50 percent of the requirement for nonresidential development. In mixed use developments, storage space for garbage may be shared between residential and nonresidential uses, but separate spaces for recycling shall be provided.

C. For development with more than 100 dwelling units, the required minimum area for storage space may be reduced by 15 percent, if the area provided as storage space has a minimum horizontal dimension of 20 feet.

D. The storage space required by Table A for 23.54.040 shall meet the following requirements:

1. For developments with 8 or fewer dwelling units, the minimum horizontal dimension (width and depth) for required storage space is 7 feet. For developments with 9 dwelling units or more, the minimum horizontal dimension of required storage space is 12 feet;

2. The floor of the storage space shall be level and hard-surfaced, and the floor beneath garbage or recycling compactors shall be made of concrete; and

3. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.

E. The location of all storage spaces shall meet the following requirements:

1. The storage space shall be located on the lot of the structure it serves and, if located outdoors, shall not be located between a street-facing facade of the structure and the street;

2. The storage space shall not be located in any required driveways, parking aisles, or parking spaces;

3. The storage space shall not block or impede any fire exits, any public rights-of-way, or any pedestrian or vehicular access;

4. The storage space shall be located to minimize noise and odor impacts on building occupants and beyond the lot lines of the lot;

5. The storage space shall meet the contractor safety standards promulgated by the Director of Seattle Public Utilities; and

6. The storage space shall not be used for purposes other than solid waste and recyclable materials storage and access.

F. Access for service providers to the storage space from the collection location shall meet the following requirements:

1. For containers 2 cubic yards or smaller:

a. Containers to be manually pulled shall be placed no more than 50 feet from a curb cut or collection location;

b. Collection location shall not be within a bus stop or within the right-of-way area abutting a vehicular lane designated as a sole travel lane for a bus;

c. Access ramps to the storage space shall not exceed a grade of 6 percent; and

d. Any gates or access routes for trucks shall be a minimum of 10 feet wide.

2. For containers larger than 2 cubic yards and all compacted refuse containers:

a. Direct access shall be provided from the alley or street to the containers;

b. Any gates or access routes for trucks shall be a minimum of 10 feet wide;

c. Collection location shall not be within a bus stop or within the street right-of-way area abutting a vehicular lane designated as a sole travel lane for a bus;

d. If accessed directly by a collection vehicle, whether into a structure or otherwise, a 21 foot overhead clearance shall be provided.

G. Access for occupants to the storage space from the collection location shall meet the following requirements:

1. Direct access shall be provided from the alley or street to the containers;

2. A pick-up location within 50 feet of a curb cut or collection location shall be designated that minimizes any blockage of pedestrian movement along a sidewalk or other right-of-way;

3. If a planting strip is designated as a pick-up location, any required landscaping shall be designed to accommodate the solid waste and recyclable containers within this area.

H. The solid waste and recyclable materials storage space, access and pick-up specifications required in this Section 23.54.040, including the number and sizes of containers, shall be included on the plans submitted with the permit application for any development subject to the requirements of this Section 23.54.040.

I. The Director, in consultation with the Director of Seattle Public Utilities, has the discretion to grant departures from the requirements of this Section 23.54.040 if the applicant proposes alternative, workable measures that meet the intent of this Section 23.54.040 and if either:

1. The applicant can demonstrate difficulty in meeting any of the requirements of this Section 23.54.040; or

2. The applicant proposes to construct or expand a structure, and the requirements of this Section 23.54.040 conflict with opportunities to increase residential densities and/or retain ground-level retail uses.

(Ord. 123495, § 69, 2011.)

Chapter 23.55
SIGNS

Sections:

Part 1 General Standards for All Zones

23.55.001 Intent.

23.55.002 Scope of provisions.

23.55.003 Signs prohibited in all zones.

23.55.004 Signs projecting over public rights-of-way.

23.55.005 Video display methods.

23.55.008 Signs near intersections or driveways.

23.55.012 Temporary signs permitted in all zones.

23.55.014 Off-premises signs.

23.55.015 Sign kiosks and community bulletin boards.

23.55.016 Light and glare from signs.

Part 2 Standards for Specific Zones

23.55.020 Signs in single-family zones

23.55.022 Signs in multi-family zones

23.55.024 Signs in residential commercial (RC) zones.

23.55.028 Signs in NC1 and NC2 zones

23.55.030 Signs in NC3, C1, C2 and SM zones

23.55.032 Signs in the Sand Point Overlay District.

23.55.034 Signs in downtown zones

23.55.036 Signs in IB, IC, IG1 and IG2 zones

23.55.040 Special exception for signs in commercial and downtown zones.

23.55.042 Off-premises and business signs adjacent to certain public highways.

Part 3 Appeals

23.55.050 Appeals to Municipal Court.

Part 1 General Standards for All Zones

23.55.001 Intent.

The intent of the standards in this chapter is:

A. To encourage the design of signs that attract and invite rather than demand the public's attention, and to curb the proliferation of signs;

B. To encourage the use of signs that enhance the visual environment of the city;

C. To promote the enhancement of business and residential properties and neighborhoods by fostering the erection of signs complementary to the buildings and uses to which they relate and which are harmonious with their surroundings;

D. To protect the public interest and safety;

E. To protect the right of business to identify its premises and advertise its products through the use of signs without undue hindrance or obstruction; and

F. To provide opportunities for communicating information of community interest.

(Ord. 120388 § 3, 2001; Ord. 112830 § 10(part), 1986.)

23.55.002 Scope of provisions.

A. The provisions of this chapter shall apply to signs in all zones, except those zones regulated by Chapter 23.66, Special Review Districts.

B. Signs located in the Shoreline District shall meet the requirements of the Seattle Shoreline Master Program in addition to the provisions of this chapter. In the event that there is a conflict between the provisions of this chapter and the regulations of the Shoreline Master Program, the provisions of the Shoreline Master Program shall apply.

C. Signs are also regulated by the provisions of Chapter 32 of the Building Code, Title 22 of the Seattle Municipal Code, including the permit requirements of that title.

D. Signs located completely within public rights-of-way shall be regulated by the Street Use Ordinance, Title 15 of the Seattle Municipal Code. Signs projecting from private property over public rights-of-way are also regulated by the Street Use Ordinance, as well as the provisions of this chapter.

E. Signs adjacent to certain public highways and designated scenic routes shall meet the provisions of Section 23.55.042 of this chapter. Signs adjacent to state highways may also be regulated by state law or regulations.

F. Variances may be permitted from the provisions of this chapter, except that variances shall not be permitted from subsection A of Section 23.55.014, and variances from Section 23.55.042, Off-premises and business signs adjacent to certain public highways, shall be limited by the provisions of subsection E of Section 23.55.042.

G. Measurements provisions for signs are located in Chapter 23.86, Measurements.

(Ord. 119239 § 31, 1998; Ord. 112830 § 10(part), 1986.)

23.55.003 Signs prohibited in all zones.

A. The following signs shall be prohibited in all zones:

1. Flashing signs;

2. Signs which rotate or have a rotating or moving part or parts that revolve at a speed in excess of seven (7) revolutions per minute;

3. Signs attached to or located on stationary motor vehicles, equipment, trailers, and related devices, except for signs not exceeding five (5) square feet in area and relating to the sale, lease or rent of a motor vehicle to which the signs are attached;

4. Portable signs other than readily detachable signs having a fixed base or mounting for the placement and intermittent use of such signs;

5. Banners, streamers, strings of pennants, fabric signs, festoons of lights, clusters of flags, wind-animated objects, balloons, searchlights, and similar devices, except where the principal use or activity on the lot is outdoor retail sales in NC3, C1, C2 and downtown zones, and except where permitted as temporary signs under Section 23.55.012.

6. Signs that attempt or appear to attempt to direct the movement of traffic or that interfere with, imitate or resemble any official traffic sign, signal or device.

7. Signs using a video display method, except as provided in section 23.55.005, Video display methods.

(Ord. 120466 § 1, 2001; Ord. 112830 § 10(part), 1986.)

23.55.004 Signs projecting over public rights-of-way.

A. Signs projecting into any public right-of-way, except alleys, shall have a minimum clearance of eight (8) feet over the adjacent sidewalk or other grade.

B. Signs projecting into any public alley shall have a minimum clearance of sixteen (16) feet above grade, and shall not project more than twenty-four (24) inches beyond the property line.

C. No permanent sign shall extend into any public right-of-way to within less than two (2) feet of the curbline, or more than six (6) feet beyond the property line, except that at street intersections, signs which project from intersecting street property lines may extend to the intersection of the six (6) foot projection margins on each street (Exhibit 23.55.004 A).

D. No barberpole, including the brackets and fastenings for the barberpole, shall extend more than one (1) foot into any public right-of-way.

E. No temporary sign made of rigid material shall extend more than four (4) inches into the public right-of-way.

F. Marquee signs may be permitted in conjunction with any lawful marquee, provided that they shall not project more than twelve (12) inches beyond the front of the marquee, nor closer than two (2) feet to the curbline. Marquee signs may not exceed thirty (30) inches in height above the top of the marquee, and total vertical dimension may not exceed five (5) feet. Only one (1) sign may be placed on or attached to an end face of a marquee.

G. Roof signs shall not project into any public right-of-way.

(Ord. 112830 § 10(part), 1986.) {/PICK;23-55-004;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-55-004.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.55.004A\.

23.55.005 Video display methods

A. Development standards. Video display may be used on a sign when the sign meets all of the following development standards:

1. The sign is an on-premises sign;

2. The sign is not located in a residential, NC1 or NC2 zone, Special Review District, Historical District, Preservation District or shoreline environment;

3. The sign meets one of the following criteria:

i. The sign face is not visible from a street, driveway or surface parking area, and also is not visible from a lot that is owned by a different person, in which case the size of the sign is not limited by this subsection, and the standards for duration or pause periods and subsection A5 shall not apply; or

ii. The sign area is less than or equal to one thousand (1000) square inches and no single dimension of the sign exceeds three (3) feet; or

iii. The sign meets the standards set out in subsection B, in addition to meeting all other standards of this subsection A.

4. The maximum height for any sign using a video display method shall be fifteen (15) feet above existing grade. Pole signs using a video display method shall be at least ten (10) feet above the ground;

5. The sign is at least thirty-five (35) linear feet in any direction from any other sign that uses a video display method;

6. When located within fifty (50) feet of a lot in a residential zone, any part of the sign using a video display method is oriented so that no portion of the sign face is visible from an existing or permitted principal structure on that lot;

7. Duration: Any portion of the message that uses a video display method shall have a minimum duration of two (2) seconds and a maximum duration of five (5) seconds. Calculation of the duration shall not include the number of frames per second used in a video display method. Calculation of the maximum duration shall include the time used for any other display methods incorporated within that portion of the message displayed using a video display method;

8. Pause Between Video Portions of Message. There shall be twenty (20) seconds of still image or blank screen following every message using a video display method;

9. Audio speakers shall be prohibited in association with a sign using a video method of display;

10. Between dusk and dawn the video display shall be limited in brightness to no more than five hundred (500) units when measured from the sign's face at its maximum brightness; and

11. Signs using a video display method may be used after dusk only until 11:00 p.m. or, if the advertising is an on-premises message about an event at the site where the sign is located, for up to one (1) hour after said event.

B. In lieu of complying with subsection A3 above, the Director of DPD shall allow video display methods on a sign if the sign meets all of the following additional development standards:

1. The sign is within the area shown on the map attached as Exhibit 23.55.005 A and not within a Special Review District, Historic District, Preservation District, residential zone or shoreline environment;

2. The sign is a minimum distance of fifteen (15) feet from the curb; and

3. The maximum size of the sign is twenty (20) square feet as independently applied to each sign face, including framework and border.

C. Video Signs Previously Erected. On-premises signs using the video method of display, that have permits authorizing use of that method of display issued prior to August 1, 2001, may continue to use the video method of display authorized in the permit provided that they meet the standards of 23.55.005A6-11 above within one hundred eighty (180) days from the effective date of the ordinance codified in this section. Previously erected and permitted signs that use a video method of display located within the area shown on the map attached as Exhibit A shall not be subject to the foregoing standards of this section except 23.55.005Al. If the video method of display is terminated for one hundred eighty (180) days or the sign is relocated or reconstructed, then the video method of display cannot be used except in conformance with the development standards of this section.

(Ord. 121477 § 34, 2004; Ord. 120466 § 2, 2001.) {/PICK;23-55-005;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-55-005.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit A\.

23.55.008 Signs near intersections or driveways.

Signs which are ten (10) feet or less in height as measured from street or driveway grade and which obscure the vision of motorists shall be located at least twenty (20) feet from intersections and driveways.

(Ord. 112830 § 10(part), 1986.)

23.55.012 Temporary signs permitted in all zones.

A. Real estate "for sale," "for rent" and "open house" temporary signs, temporary signs identifying the architect, engineer or contractor for work currently under construction, and temporary noncommercial messages displayed on fabric signs, flags or rigid signs shall be permitted in all zones at all times, provided they are not painted with light-reflecting paint or illuminated. The total area for these types of temporary signs in the aggregate shall not exceed eight (8) square feet per building lot in single-family zones, and twenty-four (24) square feet per building lot in all other zones, except as follows: the total area allowed for noncommercial messages may increase to a maximum of eight (8) square feet per dwelling unit for use by the occupant of that dwelling unit; and in buildings where there are eight (8) dwelling units or more, a real estate banner not exceeding thirty-six (36) square feet may be permitted for one (1) nine (9) month period starting from the date of the issuance of the certificate of occupancy.

B. In addition to the signs described in subsection A of this section above, commercial or noncommercial messages may be displayed for a total of four (4) fourteen (14) consecutive day periods a calendar year; these additional four (4) periods are the maximum, whether the message is the same message or a different message. These messages may be displayed on banners, streamers, strings of pennants, fabric signs, festoons of lights, flags, wind-animated objects, rigid signs, balloons, searchlights, portable signs attached to vehicles, or devices of a carnival nature, and shall be allowed as temporary signs in all zones. The total area for all temporary signs per fourteen (14) day period, when combined with those signs authorized under subsection A of this section, in the aggregate shall not exceed thirty-two (32) square feet per building lot for signs made of rigid material, with no dimension greater than eight (8) feet, and one hundred (100) square feet per building lot for temporary signs not made of rigid material; provided that the total area allowed for noncommercial messages may increase to a maximum of thirty-two (32) square feet per dwelling unit, with no dimension greater than eight (8) feet, for signs made of rigid material, and one hundred (100) square feet per dwelling unit for temporary signs not made of rigid material, all for use by the occupant of that dwelling unit. No individual sign made of nonrigid material may exceed thirty-six (36) square feet.

C. All signs authorized by this section are subject to the following regulations:

1. No sign may be placed on public property or on the planting strips that abut public property, including planting strips forming a median in a public street, except as provided in subsection C3 below and except for portable signs attached to vehicles that are using the public streets.

2. All signs must be erected with the consent of the occupant of the property on which the sign is located, except as provided in subsection C3 below.

3. Temporary Signs on Public Property or in Planting Strips.

a. Temporary signs with commercial or noncommercial messages may be located on public rights-of-way or in planting strips in business districts, subject to the requirements of City of Seattle Public Works Rules Chapter 4.60 or its successor Rule.

b. Temporary signs with noncommercial messages, other than in subsection C3a above, may be located in the planting strip in front of private property with the consent of the occupant of that property and may not exceed eight (8) square feet or be supported by stakes that are more than one (1) foot into the ground. Signs in the planting strip shall be no more than twenty-four (24) inches in height as measured from street or driveway grade when located within thirty (30) feet from the curbline of intersections. Signs shall be no more than thirty-six inches (36") in height as measured from street or driveway grade when located thirty feet (30') or more from the curbline of intersections.

c. In addition to commercial signs in business districts allowed in subsection C3a above, only temporary commercial "open house" signs may be placed in planting strips. One (1) "open house" temporary sign per street frontage of a lot may be located with the consent of the occupant and provided the occupant or seller is on the premises. The "open house" signs may not exceed eight (8) square feet per lot or be supported by stakes that are more than one foot (1') into the ground. The "open house" signs shall be no more than twenty-four inches (24") in height as measured from street or driveway grade when located within thirty feet (30') from the curbline of intersections, and shall be no more than thirty-six inches (36") in height as measured from street or driveway grade when located thirty feet (30') or more from the curbline of intersections.

d. No sign placed in a planting strip may be displayed on banners, streamers, strings of pennants, festoons of lights, flags, wind-animated objects or balloons.

e. The requirements of this subsection C3 shall be enforced by the Director of Seattle Department of Transportation pursuant to the enforcement provisions of that Department.

4. No sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture, or otherwise create a hazard, including a tripping hazard.

5. Signs shall be designed to be stable under all weather conditions, including high winds.

6. A temporary sign shall conform to the standards for roof signs, flashing, changing image or message board signs, for moving signs, and for lighting and height regulations for the zone or special review district in which the temporary sign is located, provided that balloons may exceed height regulations.

7. The entire visible surface of the sign, exclusive of support devices, shall be included in area calculations.

(Ord. 121477 § 35, 2004; Ord. 118409 § 203, 1996: Ord. 117555 § 2, 1995: Ord. 112830 § 10(part), 1986.)

23.55.014 Off-premises signs.

A. Advertising Signs.

1. No advertising sign shall be erected, or constructed, unless an existing advertising sign is relocated or reconstructed at a new location. An advertising sign may be relocated or reconstructed if:

a. The existing advertising sign was lawfully erected and after the effective date of the ordinances codified in this section,1 is registered to pursuant to subsection F of this section;

b. The advertising sign is located on a site or in a zone where it is not permitted, except as provided in subsection A.1.c of this Section 23.55.014;

c. In each calendar year one advertising sign which is located on a site or in a zone where it is permitted may be relocated or reconstructed if a citizen submits a written request for relocation to the Director;

d. The reconstructed or relocated advertising sign will be a permitted use and will conform with all ordinances of the City at its new location;

e. The construction permit for the relocated or reconstructed advertising sign is issued during the pendency of the demolition permit for the existing sign;

f. The advertising sign face does not increase in size; and

g. The advertising sign is relocated to an area with the same or more intensive zoning. Areas in which advertising signs are allowed are listed below from least intense to most intense zoning, and zones listed on the same line are considered of the same intensity. Zones which do not allow advertising signs shall be considered less intense zones for the purpose of relocation. This list is for purposes of this criterion only.
Downtown Mixed Residential/Commercial (DMR/C)Least intense
Commercial 1 and 2 (C1 and C2)
Downtown Zones (Except DMR/R and DMR/C
Industrial Zones (I)Most intense

h. The number of relocated advertising signs does not exceed 12 structure locations per year or 24 sign face locations per year, excluding relocations pursuant to subsection G of this Section 23.55.014.

2. For purposes of relocation, sign owners maintain the right to relocation.

3. Wall signs cannot be relocated.

4. Maximum Sign Face Area. The maximum total area of any advertising sign in Commercial 1 and 2, Industrial and Downtown (except Downtown Mixed Residential/Commercial) zones shall be 672 square feet, with a maximum vertical dimension of 25 feet and a maximum horizontal dimension of 50 feet, provided that cutouts and extensions may add up to 20 percent of additional sign area. The maximum total area of any advertising sign in Downtown Mixed Residential/Commercial (DMR/C) zones shall be 300 square feet, except for visually blocked signs which may be a maximum of 672 square feet.

5. All advertising signs shall be located at least 50 feet from any lot in a residential zone, and at least 500 feet from any public school grounds, public park, or public playground, or community center, except for off-premises signs allowed under Section 23.55.032.G. For purposes of this section, a public park or public playground means a park or playground at least one acre in size and a community center must be publicly owned.

6. No variances shall be permitted from the provisions of this subsection A.

B. Off-premises Directional Signs. The maximum area of any off-premises directional sign shall be 100 square feet, with a maximum vertical dimension of 10 feet and a maximum horizontal dimension of 20 feet, except for off-premises signs allowed under Section 23.55.032.G.

C. The maximum area for each sign face for business district identification signs shall be that permitted for pole signs in the zone.

D. The maximum area for each sign face for residential district identification signs shall be fifty (50) square feet.

E. Development Standards Applicable to All Off-premises Signs.

1. Dispersion Standard.

a. Directional Sign Faces and Business District Identification Signs. Not more than a total of four (4) off-premises directional sign faces, plus two (2) identification signs for a business district, shall be permitted on both sides of a street within a space of six hundred sixty feet (660'). There shall be a minimum distance of one hundred feet (100') between sign structures.

b. Advertising Signs.

(1) Not more than a total of five (5) advertising sign structures shall be permitted when counting both sides of a street within a linear distance of two thousand six hundred forty feet (2640÷), one-half ( 1/2) mile).

(2) There shall be a minimum distance of three hundred linear feet (300') between advertising sign structures on the same side of the street; a maximum of two (2) advertising sign structures within three hundred linear feet (300') when counting both sides of the street; and, a minimum distance of one hundred radial (100') between advertising sign structures.

(3) Visually blocked advertising signs shall count as one-half ( 1/2) a structure, and may be within any distance from each other on the same side of the street as long as they are oriented in opposite directions. Visually blocked advertising signs oriented in the same direction or on opposite sides of the street are subject to the spacing criteria under subsection E1b(2) of this section.

(4) There shall be a maximum of two (2) sign faces per advertising sign structure and a maximum of one (1) sign face per side of the advertising sign structure.

2. Off-premises signs shall not be roof signs.

3. Lighting. No off-premises sign shall be incandescently illuminated by more than one and one-quarter (1 1/4) watts of electrical power per square foot of sign area, or be fluorescently or otherwise illuminated by more than one (1) watt of electrical power per square foot of sign area. Off-premises signs that include lights as part of the message or content of the sign (chasing and message board advertising signs) are prohibited.

4. Sign Height. The maximum height limit for any portion of an off-premises sign (except in Industrial zones) is forty (40) feet or the height limit of the zone, whichever is less. The maximum height limit for any portion of an off-premises sign in an Industrial zone is sixty-five (65) feet or the height limit of the zone, whichever is less.

F. Registration of Advertising Signs. Each owner of an off-premises advertising sign shall file a written report with the Director on or before July 1st of each year. The report shall be submitted on a form supplied by the Director. The owner shall identify the number and location of advertising signs maintained by the owner in the City at any time during the previous year, and provide such other information as the Director deems necessary for the inspection of signs and for the administration and enforcement of this section. The owner shall pay a fee to the Director at the time the written report is filed. The amount of the fee is Forty Dollars ($40) for each sign face identified in the report. DPD shall assign a registration number to each sign face, and the sign number shall be displayed on the face of the billboard frame in figures which are a minimum of eight (8) inches tall. It is unlawful to maintain a sign face which has not been registered as required by this section. Notwithstanding any other provision of this code, any person who maintains an unregistered sign face is subject to an annual civil penalty of Five Thousand Dollars ($5,000) for each unregistered sign face.

G. Side-by-Side Advertising Signs. One (1) of the two (2) sign faces that comprise side-by-side advertising signs shall be removed within three (3) years of the effective date of the ordinance codified in this section.1 The sign face may be relocated if the sign will meet the requirements of subsections A1e, A1f and A1g of this section, provided that in lieu of relocation the two (2) side-by-side advertising signs may be replaced by one (1) six hundred seventy-two (672) square foot advertising sign at the same location.

H. The provisions of this section do not apply to sign kiosks, except subsection A5, prohibiting advertising signs within five hundred (500) feet from any public school grounds.

(Ord. 123543, § 1, 2011; Ord. 121477 § 36, 2004; Ord. 120388 § 4, 2001; Ord. 116780 § 1, 1993; Ord. 112830 § 10(part), 1986.)

1. Editor's Note: Ordinance 116780 was passed by the City Council on July 19, 1993.

23.55.015 Sign kiosks and community bulletin boards.

A. Sign Kiosks. Sign kiosks are permitted in all zones, except single-family residential zones and multifamily residential zones, provided that a sign kiosk may abut a park or playground at least one acre in size, or publicly owned community center in all zones. Sign kiosks are not permitted within fifty (50) feet of a single-family residential zone or multifamily residential zone.

B. Sign Kiosks in the Public Right-of-way. Sign kiosks that are located in the public right-of-way must obtain a street use permit from Seattle Department of Transportation and are subject to the requirements, conditions and procedures set out in SMC Title 15. Seattle Department of Transportation shall review an application for a sign kiosk in the public right-of-way for compliance with the provisions of this chapter. The street use permit issued by Seattle Department of Transportation shall serve as the required sign permit.

C. Development Standards for Sign Kiosks.

1. Design and Construction.

a. The design of any sign kiosk shall comply with the design principles for sign kiosks approved by the Seattle Design Commission, or shall be reviewed and recommended by the Commission.

b. The design of any sign kiosk adjacent to a park, playground or publicly owned community center shall also be reviewed and must be approved by the Seattle Department of Parks and Recreation for aesthetic compatibility with existing signs and the design of the park, playground or community center.

c. The design of any sign kiosk in a special review district established in SMC Chapters 23.66, 25.16, 25.20, 25.22, and 25.24 shall also be reviewed and must be approved by the board for that district for compliance with the standards of that district.

d. The sign kiosk shall be in sections with maximum dimensions of seven (7) feet high, three (3) feet wide measuring from the centers of the supporting posts on either side of the sections, and six (6) inches deep, with a maximum of four (4) sections. No more than two (2) feet of additional height will be allowed for artistic decoration on top of the kiosk, with additional width not to exceed the width of the kiosk structure. The Seattle Design Commission may approve a different style or different dimensions, which shall not exceed the maximum height dimension and the maximum overall size set out above.

e. Lights, changing image signs, and message board signs shall not be placed on any part of a sign kiosk that is visible from the street. Flashing signs and chasing signs are prohibited on any part of a kiosk. Any lighting fixtures used within kiosks or used externally to illuminate kiosks shall be fully shielded. The maximum illumination level at the kiosk shall be five (5) foot-candles (fc) maintained at ground level.

f. Materials used in constructing sign kiosks shall minimize reflective glare from natural or artificial illumination.

g. The design of any kiosk structure shall not be likely to be mistaken for any traffic control device and shall comply with SMC Sections 11.50.500 through 11.50.560.

h. All sign kiosks shall be designed, constructed and maintained in accordance with SMC Chapter 22, Section 3204, the Seattle Building Code provisions governing signs.

2. Location.

a. The location of any sign kiosk shall comply with the location standards set out in the rules of Seattle Department of Transportation, including without limitation rules for line of sight at intersections, compatibility with traffic control signs and other right-of-way uses, parking and pedestrian safety, and access to adjacent and abutting property.

b. The location of any sign kiosk adjacent to a park, playground or publicly owned community center shall also be reviewed and must be approved by the Seattle Department of Parks and Recreation as not conflicting with or distracting from existing signs of the park, playground or community center.

c. The location of any sign kiosk in a special review district established in SMC Chapters 23.66, 25.16, 25.20, 25.22, and 25.24 shall also be reviewed by and must be approved by the board for that district for compliance with the standards of that district.

d. Sign kiosks shall be located in compliance with SMC Section 23.55.042 and Chapter 23.60.

e. Sign kiosks that are not located in the public right-of-way shall be located so that they are accessible for posting and reading by the public at all times.

3. Dispersion.

a. Not more than a total of five (5) sign kiosks are permitted when counting both sides of street within a linear distance of two thousand six hundred forty (2640) feet (one-half ( 1/2) mile).

b. There shall be a minimum distance of three hundred (300) linear feet between sign kiosks on the same side of the street; a maximum of two (2) sign kiosks within three hundred (300) linear feet when counting both sides of the street; and a minimum distance of one hundred (100) radial feet between sign kiosks.

D. Standards for Posting Signs on Sign Kiosks.

1. All members of the public may post signs on sign kiosks. Each person may post, or have posted on his/her behalf, two signs with noncommercial messages and one sign with a commercial message on each sign kiosk.

2. Graffiti is prohibited on sign kiosks.

3. All signs posted on sign kiosks shall comply with the following standards:

a. The maximum size of any sign shall be eight and one-half (8 1/2) inches by fourteen (14) inches.

b. Signs shall not be posted in a manner that creates the appearance of a sign larger than eight and one-half (8 1/2) inches by fourteen (14) inches.

c. The design of any posting shall not be likely to be mistaken for any traffic control device and shall comply with SMC Sections 11.50.500 through 11.50.560.

4. Signs shall show the date they are posted and shall be removed within thirty (30) days of posting or the day after the event announced, whichever is first. Signs with commercial messages must also include the name of the person posting the sign or causing the sign to be posted.

5. The sign posting standards set out in subsections D1, 2, 3 and 4 shall be affixed to the kiosk. These standards are in addition to any standards set out in City ordinances or rules, in policies adopted by City departments and posted on the sign kiosk, and in contracts with The City of Seattle for sign kiosks.

6. The sign kiosk permit holder shall clearly designate and maintain one quarter of the total posting area and may designate and maintain up to three-quarters of the total posting area of a sign kiosk for posting only noncommercial signs.

7. The City of Seattle may post a map of the area and historical information on any kiosk in addition to the area reserved for noncommercial speech.

8. No one may (1) sell, (2) rent, or (3) reserve or transfer for consideration posting space on a sign kiosk. Posting a sign on sign kiosk does not create a transferable right.

E. Sign Kiosks Previously Erected. The Council finds that the sign kiosks erected or planned for before the effective date of Ordinance 1203881 that are listed on Attachment 1 of the ordinance amending this section, which is filed with the City Clerk in C.F. 305387, are consistent with the policies for allowing sign kiosks and reasonably further the objectives of promoting traffic safety, aesthetics, and community communication. As a result, they are lawful signs. All postings on these sign kiosks shall comply with the requirements of this section. Any alteration of these sign kiosks or their location shall comply with the requirements of this section.

(Ord. 121477 § 37, 2004; Ord. 120924 § 1, 2002; Ord. 120388 § 5, 2001.)

1. Editor's Note: Ordinance 120388 was passed by the City Council on May 29, 2001.

23.55.016 Light and glare from signs.

A. The source of light for externally illuminated signs shall be shielded so that direct rays from the light are visible only on the lot where the sign is located.

B. The light source for externally illuminated signs, except advertising signs, shall be no farther away from the sign than the height of the sign.

(Ord. 112830 § 10(part), 1986.)

Part 2 Standards for Specific Zones

23.55.020 Signs in single-family zones

A. Signs shall be stationary and shall not rotate.

B. No flashing, changing-image or message board signs shall be permitted.

C. No roof signs shall be permitted.

D. The following signs are permitted in all single-family zones:

1. Electric, externally illuminated or nonilluminated signs bearing the name of the occupant of a dwelling unit, not exceeding 64 square inches in area;

2. Memorial signs or tables, and the name of buildings and dates of building erection if cut into a masonry surface or constructed of bronze or other noncombustible materials;

3. Signs for public facilities indicating danger and/or providing service or safety information;

4. National, state and institutional flags;

5. For any nonresidential use allowed in the zone except for elementary or secondary schools, one electric or nonilluminated double-faced identifying wall or ground sign not to exceed 15 square feet of area per sign face on each street frontage;

6. On-premises directional signs not exceeding 8 square feet in area. One such sign is permitted for each entrance or exit to a surface parking area or parking garage;

7. For elementary or secondary schools, one electric or nonilluminated double-faced identifying sign, not to exceed 30 square feet of area per sign face on each street frontage, provided that the signs shall be located and landscaped so that light and glare impacts on surrounding properties are reduced, and so that any illumination is controlled by a timer set to turn off by 10 p.m.

E. Existing business signs for nonconforming business establishments may be replaced, provided that:

1. Maximum total area of sign faces shall be one hundred seventy (170) square feet, and the maximum area of the face of any single sign face shall be eighty-five (85) square feet.

2. The replacement sign shall not be a roof sign.

3. Replacement signs may be located in the same place as the original sign except that maximum height of any portion of the replacement sign shall be twenty-five (25) feet.

4. Replacement signs may be electric or nonilluminated.

5. The number of business signs shall not be increased.

F. No sign shall be maintained in a surface parking area or on a parking garage which faces a residential lot other than one (1) designating an entrance, exit, or condition of use.

G. Off-premises signs shall not be permitted, except that:

1. When accessory parking is provided on a lot other than the lot where the principal use is located, off-premises directional signs five (5) square feet or less in area identifying the accessory parking shall be permitted;

2. One (1) residential district identification wall or ground sign per entrance meeting the standards of Section 23.55.014 shall be permitted.

3. Sign kiosks are not permitted, except when the sign kiosk abuts a park or playground at least one (1) acre in size, or publicly owned community center and complies with Section 23.55.015.

(Ord. 123046, § 47, 2009; Ord. 121429 § 2, 2004; Ord. 120609 § 14, 2001; Ord. 120388 § 6, 2001; Ord. 112830 § 10(part), 1986.)

23.55.022 Signs in multifamily zones

A. Signs shall be stationary and shall not rotate.

B. No flashing, changing-image or message board signs shall be permitted.

C. No roof signs shall be permitted.

D. The following signs are permitted in all multifamily zones:

1. Electric, externally illuminated or nonilluminated signs bearing the name of the occupant of a dwelling unit, not exceeding 64 square inches in area;

2. Memorial signs or tablets, and the names of buildings and dates of building erection if cut into a masonry surface or constructed of bronze or other noncombustible materials;

3. Signs for public facilities indicating danger and/or providing service or safety information;

4. National, state and institutional flags;

5. One electric, externally illuminated or nonilluminated sign bearing the name of a home occupation not exceeding 64 square inches in area;

6. One nonilluminated wall or ground identification sign for multifamily structures on each street or alley frontage in addition to signs permitted by subsection 23.55.022.D.2. For structures of 16 units or less, the maximum area of each sign face is 16 square feet. One square foot of sign area is permitted for each additional unit over 16, to a maximum area of 50 square feet per sign face;

7. For institutions other than elementary and secondary schools, one electric or nonilluminated double-faced identifying wall or ground sign on each street frontage, not to exceed 24 square feet of area per sign face;

8. One electric, externally illuminated or nonilluminated sign bearing the name of a bed and breakfast, not exceeding 64 square inches in area;

9. For elementary or secondary schools, one electric or nonilluminated double-faced identifying sign, not to exceed 30 square feet of area per sign face on each street frontage, provided that the signs shall be located and landscaped so that light and glare impacts on surrounding properties are reduced, and that any illumination is controlled by a timer set to turn off by 10 p.m.

E. In Midrise and Highrise zones which are not designated Residential-Commercial, permitted ground-floor business establishments in multifamily structures may have one (1) electric or nonilluminated sign per street frontage. The sign may be a wall or projecting sign. The maximum area of each sign face shall be twenty-four (24) square feet. The maximum height of any portion of the sign shall be fifteen (15) feet.

F. Existing business signs for nonconforming uses may be replaced, provided that:

1. Maximum total area of sign faces shall be one hundred seventy (170) square feet, and the maximum area of any single sign face shall be eighty-five (85) square feet;

2. The replacement sign shall not be a roof sign;

3. Replacement signs may be located in the same place as the original signs, except that the maximum height of any portion of the replacement sign shall be thirty (30) feet;

4. Replacement signs may be electric or nonilluminated;

5. The number of business signs shall not be increased.

G. On-premises directional signs shall be permitted. Maximum sign area shall be eight (8) square feet. One (1) such sign shall be permitted for each entrance or exit to a surface parking area or parking garage.

H. No sign shall be maintained in a surface parking area or on a parking garage which faces a residential lot other than one (1) designating an entrance, exit, or condition of use.

I. Off-premises signs shall not be permitted, except that:

1. When accessory parking is provided on a lot other than the lot where the principal use is located, off-premises directional signs five (5) square feet or less in area identifying the accessory parking shall be permitted;

2. One (1) residential district identification, wall or ground sign per entrance meeting the standards of Section 23.55.014 shall be permitted.

3. Sign kiosks are not permitted, except when the sign kiosk abuts a park or playground at least one (1) acre in size, or publicly owned community center and complies with Section 23.55.015.

(Ord. 123046, § 48, 2009; Ord. 121429 § 3, 2004; Ord. 120388 § 7, 2001; Ord. 113464 § 3, 1987; Ord. 112830 § 10(part), 1986.)

23.55.024 Signs in residential commercial (RC) zones.

A. The standards of this section shall apply only to signs for business establishments permitted on the ground floor or below in RC zones. The standards for multi-family zones, Section 23.55.022, shall apply to all other signs in RC zones.

B. Ground-floor business establishments may have one (1) electric or nonilluminated wall sign per street frontage, located on the commercial portion of the structure.

C. Maximum total area of sign faces per business establishment shall be one hundred seventy (170) square feet, and the maximum area of any single sign face shall be eighty-five (85) square feet.

D. The maximum height of any portion of a sign for a business establishment shall be fifteen (15) feet.

E. Sign kiosks as provided in Section 23.55.015 are permitted.

(Ord. 120388 § 8, 2001: Ord. 112830 § 10(part), 1986.)

23.55.028 Signs in NC1 and NC2 zones

A. Signs shall be stationary and shall not rotate, except for barberpoles.

B. Signs may be electric, externally illuminated, or non-illuminated.

C. No flashing, changing-image or chasing signs are permitted, except that chasing signs for motion picture and performing arts theaters are permitted in NC2 zones.

D. On-premises Signs.

1. The following signs are permitted in addition to the signs permitted by subsections 23.55.028.D.2, D.3 and D.4:

a. Electric, externally illuminated or nonilluminated signs bearing the name of the occupant of a dwelling unit, not exceeding 64 square inches in area;

b. Memorial signs or tablets, and the names of buildings and dates of building erection if cut into a masonry surface or constructed of bronze or other noncombustible materials;

c. Signs for public facilities indicating danger and/or providing service or safety information;

d. National, state and institutional flags;

e. One under-marquee sign that does not exceed 10 square feet in area;

f. One electric, externally illuminated or non-illuminated sign bearing the name of a home occupation, not exceeding 64 square inches in area.

2. Number and Type of Signs Allowed for Business Establishments.

a. Each business establishment may have one ground, roof, projecting or combination sign (Type A sign) for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

b. In addition to the signs permitted by subsection 23.55.028.D.2.a, each business establishment may have one wall, awning, canopy, marquee, or under-marquee sign (Type B sign) for each 30 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

c. In addition to the signs permitted by subsections 23.55.028.D.2.a and D.2.b, each multiple business center and drive-in business may have one pole sign for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys. Such pole signs may be for a drive-in business or for an individual business establishment located in a multiple business center, or may identify a multiple business center.

d. Individual businesses that are not drive-in businesses and that are not located in a multiple business center may have one pole sign in lieu of a Type A sign permitted by Section 23.55.028.D.2.a for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

3. Maximum Area of Signs for Nonresidential Uses and Live-work Units. The maximum area of all signs for each business establishment permitted in subsection 23.55.028.D.2 is 185 square feet, and the maximum area of any one Type A sign is 72 square feet, provided that the maximum area of pole signs for gas stations that identify the price of motor fuel being offered by numerals of equal size is 96 square feet.

4. Identification Signs for Multifamily Structures.

a. One identification sign bearing the name of a multifamily structure is permitted on each street or alley frontage of a residential use in addition to the signs permitted by subsection 23.55.028.D.1.

b. Identification signs may be wall, ground, awning, canopy, marquee, under-marquee, or projecting signs.

c. For structures of 24 units or less, the maximum area of each sign face is 24 square feet. One square foot of sign area is permitted for each additional unit over 24, to a maximum of 50 square feet per sign face.

5. Sign Height.

a. The maximum height for any portion of a pole, projecting or combination sign is 25 feet.

b. The maximum height for any portion of a wall or under-marquee sign is 20 feet or the height of the cornice of the structure to which the sign is attached, whichever is greater.

c. Marquee signs may not exceed a height of 30 inches above the top of the marquee, and total vertical dimension shall not exceed 5 feet.

d. No portion of a roof sign shall exceed a height of 25 feet above grade.

E. Off-premises Signs. Off-premises signs shall not be permitted, except that:

1. Each business district may have two (2) identifying ground, pole, wall or projecting signs which may list businesses located in the district. The identifying signs shall not be located in a residential zone, and shall meet the standards of Section 23.55.014, Off-premises signs.

2. One (1) residential district identification wall or ground sign per entrance, meeting the standards of Section 23.55.014, shall be permitted.

3. When accessory parking is provided on a lot other than the lot where the principal use is located, off-premises directional signs five (5) square feet or less in area identifying the accessory parking shall be permitted. Off-premises directional signs five (5) square feet or less in area shall not be counted in sign size or number limits.

4. Sign kiosks as provided in Section 23.55.015 are permitted.

F. Signs Near Residential Zones. When located within fifty (50) feet of an abutting lot in a residential zone, electric and externally illuminated signs shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on the abutting lot.

(Ord. 123649, § 41, 2011; Ord. 123046, § 49, 2009; Ord. 121196 § 26, 2003; Ord. 120388 § 9, 2001; Ord. 113387 § 5, 1987; Ord. 112830 § 10(part), 1986.)

23.55.030 Signs in NC3, C1, C2 and SM zones

A. No sign shall have rotating or moving parts that revolve at a speed in excess of seven revolutions per minute.

B. Signs may be electric, externally illuminated, non-illuminated or may use video display methods when the sign meets the development standards in Section 23.55.005, Video display methods.

C. Flashing signs are prohibited.

D. In the Pike/Pine Conservation Overlay District, internally-illuminated cabinet signs larger than 3 square feet in size and backlit awning signs are prohibited.

E. On-Premises Signs.

1. The following signs are permitted in addition to the signs permitted by subsections 23.55.030.E.2 and 23.55.030.E.3:

a. Electric, externally illuminated or non-illuminated signs bearing the name of the occupant of a dwelling unit, not exceeding 64 square inches in area;

b. Memorial signs or tablets, and the names of buildings and dates of building erection if cut into a masonry surface or constructed of bronze or other noncombustible materials;

c. Signs for public facilities indicating danger and/or providing service or safety information;

d. National, state and institutional flags;

e. One under-marquee sign that does not exceed 10 square feet in area;

f. One electric, externally illuminated or non-illuminated sign bearing the name of a home occupation, not to exceed 64 square inches in area.

2. Number and Type of Signs Allowed for Business Establishments.

a. Each business establishment may have one ground, roof, projecting or combination sign (Type A sign) for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

b. In addition to the signs permitted by subsection 23.55.030.E.2.a, each business establishment may have one wall, awning, canopy, marquee or under- marquee sign (Type B sign) for each 30 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

c. In addition to the signs permitted by subsections 23.55.030.E.2.a and 23.55.030.E.2.b, each multiple business center and drive-in business may have one pole sign for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys. Such pole signs may be for a drive-in business or for an individual business establishment located in a multiple business center, or may identify a multiple business center.

d. Individual businesses that are not drive-in businesses and that are not located in multiple business centers may have one pole sign in lieu of a Type A sign permitted by subsection 23.55.030.E.2.a for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

e. If the principal use or activity on the lot is outdoor retail sales, banners and strings of pennants maintained in good condition are permitted in addition to the signs permitted by subsections 23.55.030.E.2.a, 23.55.030.E.2.b and 23.55.030.E.2.c.

3. Maximum Area.

a. NC3 Zones and the SM zone.

1) The maximum area of each face of a pole, ground, roof, projecting or combination sign is 72 square feet plus 2 square feet for each foot of frontage over 36 feet on public rights-of-way, except alleys, to a maximum area of 300 square feet, provided that:

i. The maximum area for signs for multiple business centers, and signs for business establishments located within 100 feet of a state route right-of-way that is not designated in Section 23.55.042 as a landscaped or scenic view section, is 600 square feet; and

ii. The maximum area for pole signs for gas stations that identify the price of motor fuel being offered by numerals of equal size is 96 square feet.

2) There is no maximum area limit for wall, awning, canopy, marquee or under-marquee signs.

b. C1 and C2 Zones. There is no maximum area limit for on-premises signs for business establishments in C1 and C2 zones.

4. Identification Signs for Multifamily Structures.

a. One identification sign is permitted on each street or alley frontage of a multifamily structure.

b. Identification signs may be wall, ground, awning, canopy, marquee, under-marquee, or projecting signs.

c. The maximum area of each sign is 72 square feet.

5. Sign Height.

a. The maximum height for any portion of a projecting or combination sign is 65 feet above existing grade, or the maximum height limit of the zone, whichever is less.

b. The maximum height limit for any portion of a pole sign is 30 feet; except for pole signs for multiple business centers and for business establishments located within 100 feet of a state route right-of-way that is not designated in Section 23.55.042 as a landscaped or scenic view section, for which a maximum height of 40 feet is permitted.

c. The maximum height for any portion of a wall, marquee, under-marquee or canopy sign is 20 feet or the height of the cornice of the structure to which the sign is attached, whichever is greater.

d. No portion of a roof sign shall:

1) Extend beyond the height limit of the zone;

2) Exceed a height above the roof in excess of the height of the structure on which the sign is located; or

3) Exceed a height of 30 feet above the roof, measured from a point on the roof line directly below the sign or from the nearest adjacent parapet.

F. Off-Premises Signs.

1. Identifying Signs for Business Districts. Each business district may have up to two identifying ground, pole, wall or projecting signs which may list businesses located in the district. The identifying signs shall not be located in a residential zone, and shall meet the standard of Section 23.55.014, Off-premises signs.

2. One residential district identification wall or ground sign per entrance, meeting the standards of Section 23.55.014, is permitted.

3. When accessory parking is provided on a lot other than the lot where the principal use is located, off-premises directional signs 5 square feet or less in area identifying the accessory parking are permitted.

4. Off-premises directional signs and advertising signs, in addition to those permitted by subsections 23.55.030.F.1, 23.55.030.F.2 and 23.55.030.F.3, are permitted according to Section 23.55.014, Off-premises signs.

5. Advertising signs are prohibited in Neighborhood Commercial 3 zones and in the Seattle Mixed (SM) zone.

6. Sign kiosks as provided in Section 23.55.015 are permitted.

G. Signs Near Residential Zones. When located within 50 feet of an abutting lot in a residential zone, electrical and externally illuminated signs shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on the abutting lot.

(Ord. 123649, § 42, 2011; Ord. 123392, § 4, 2010; Ord. 123046, § 50, 2009; Ord. 123020, § 13, 2009; Ord. 121782 § 34, 2005; Ord. 120466 § 3, 2001; Ord. 120388 § 10, 2001; Ord. 118302 § 16, 1996; Ord. 116780 § 2, 1993; Ord. 113387 § 6, 1987; Ord. 112830 § 10(part), 1986.)

23.55.032 Signs in the Sand Point Overlay District.

A. Sign regulations within this section apply to subareas B and C in the Sand Point Overlay District, as described in Section 23.72.004 and depicted on Map A for Section 23.72.004. Sign regulations in the underlying zones continue to apply to all uses in subarea A. The regulations in this Section 23.55.032 supersede the sign regulations for the underlying zone in subareas B and C, except when a residential use is allowed in subarea B the sign regulations for the underlying zone in that subarea shall apply.

B. Signs in the Sand Point Historic District portion of the Sand Point Overlay District subareas B and C, as depicted in Map B for Section 23.72.004, are permitted when consistent with the provisions of this section and undertaken in a manner consistent with the Sand Point Historic Properties Reuse and Protection Plan, dated April 1998, or successor plans, as documented by a letter of approval from the Sand Point Historic Preservation Coordinator, or any successor agency decision maker, certifying that the erection of the proposed sign is consistent with the plan.

C. Signs shall be stationary and shall not rotate.

D. The following types of signs are prohibited:

1. Flashing image signs;

2. Signs with changing-images;

3. Message board signs; or

4. Off-premises signs, except as provided in subsection 23.55.032.G.

E. Signs may be externally illuminated, or non-illuminated, except as provided in subsection 23.55.032.G. Electric signs that include individually cut letters, numbers, or figures are permitted when affixed to a building or structure, except as provided in subsection 23.55.032.G. For any use located on a lot in subarea B, when located within 50 feet of an abutting lot in subareas A or C, permitted electrical or externally illuminated signs are required to be oriented so that no portion of the sign face is visible from:

1. an existing or permitted principal structure on the abutting lot in subarea A; or

2. an existing or permitted principal structure on the abutting lot in subarea C, unless the use of the structure is a non-conforming use at the time of the effective date of this ordinance.

F. On-Premises Signs.

1. The following on-premises signs are permitted in addition to the signs permitted by subsections 23.55.032.F.2 and F.3:

a. Memorial signs or tablets, and the names of buildings and dates of building erection when cut into a masonry surface or constructed of bronze or other noncombustible materials, up to a maximum of 5 square feet;

b. Signs for public facilities indicating danger and/or providing service or safety information;

c. National, state, county, city and institutional flags. In addition, flags are permitted for a non-profit organization not meeting the definition of an Institution in Seattle Municipal Code Section 23.84.

2. The number and type of on-premises signs allowed for business establishments in subarea B and subarea C of the Sand Point Overlay District are as follows:

a. Each individual business establishment is permitted one projecting sign oriented to pedestrians on each building facade occupied by that business on public rights-of-way and publicly-owned roadways. The maximum area of this sign is 16 square feet.

b. Each individual business establishment is permitted one of the following types of signs for each 300 linear feet, or portion thereof, of building facade occupied by that business establishment on public rights-of-way and publicly-owned roadways. These signs are:

i. wall;

ii. ground;

iii. projecting;

iv. awning;

v. canopy;

vi. marquee, or

vii. under-marquee.

The maximum area for any of these signs is 48 square feet each. The sign shall be located on the portion of the structure that is on the public right-of-way or publicly owned roadway and occupied by the business establishment.

c. A business establishment with more than 300 linear feet of a building facade on a public right-of-way or publicly owned roadway is permitted to have one additional sign of the type permitted under subsection 23.55.032.F.2.b. A business establishment that is permitted to have two signs under this subsection 23.55.032.F.2.c may combine the two signs into one of the type of signs permitted under subsection 23.55 032.F.2.b, up to a maximum total combined area of 96 square feet.

d. Sign Height.

(1) The maximum height for any portion of a pedestrian oriented projecting sign permitted under subsection 23.55.032F.2.a is 10 feet above existing grade.

(2) The maximum height for any portion of a projecting sign that is not a pedestrian oriented sign permitted under subsection 23.55.032.F.2.a is 50 feet above existing grade, or the height of the top of the wall, excluding any cornice, of the structure to which the sign is attached, whichever is less.

(3) The maximum height for any portion of a wall, awning, canopy, marquee, or under-marquee sign is 20 feet or the height of the top of the wall, excluding any cornice of the structure to which the sign is attached, whichever is greater.

3. Multifamily structures in subarea C of the Sand Point Overlay District are allowed to have identification signs as follows:

a. One identification sign is permitted on each facade of a building containing a multifamily use on public rights-of-way and publicly-owned roadways. Such signs may not be located within 50 feet of each other.

b. Identification signs may be wall, ground, projecting, awning, canopy, marquee, or under-marquee.

c. The maximum area of each identification sign is 24 square feet.

d. The maximum height for any portion of a wall, projecting, awning, canopy, marquee, or under-marquee identification sign is 20 feet or the height of the top of the wall, excluding any cornice, whichever is greater.

G. Off-Premises Signs. Two types of off-premises signs are allowed in the Sand Point Overlay District: "Off-premises directional signs", and "Sand Point District signs."

1. "Off-premises directional signs" are allowed, subject to the provisions in subsection 23.55.032.G.3. The maximum area for each off-premises directional sign face is 24 square feet per sign face. Only Sand Point Overlay District property owners may install off-premises directional signs.

2. "Sand Point District signs" are signs installed by Sand Point Overlay District property owners listing the names of buildings or subareas and the organizations and businesses located within those buildings or subareas. Sand Point District signs are allowed in lieu of business district identification signs, which are prohibited. The maximum area for each off-premises Sand Point District sign is 48 square feet per sign face. The maximum area for any portion of a Sand Point District sign that lists an individual business or other nonresidential use is 16 square feet per sign face.

3. Off-premises directional signs and Sand Point District signs are allowed as follows:

a. Signs permitted under this subsection 23.55.032.G shall be ground signs;

b. The provisions of subsection 23.55.014.B do not apply; and

c. If a Sand Point District sign lists more than one individual business or other nonresidential use, the overall area devoted to such messages shall be at least 8 square feet smaller than the part of the sign identifying the name of the building or the subarea;

d. The signs shall comply with subsections 23.55.014 E.1.a, dispersion standards for directional sign faces and business district identification signs, 23.55.014 E.2, no roof signs, 23.55.014 E.3, lighting, and 23.55.014 E.4, height. Subsection 23.55.014 E.1.b does not apply.

I. Sign kiosks are allowed as provided in subsections 23.55.015 B, C, D and E.

J. Signs shall conform to Section 23.55.016, Light and glare from signs.

(Ord. 123543, § 2, 2011.)

23.55.034 Signs in downtown zones

A. The provisions of this section shall apply to all downtown zones except PSM, IDR and IDM zones, and portions of PMM zones located in a Historic District. In areas of PMM zones not located in a Historic District, these regulations may be modified by the provisions of the Pike Place Urban Renewal Plan. Signs in the PSM, IDR and IDM zones are regulated by the provisions of Chapter 23.66, Special Review Districts.

B. The following signs are permitted in all downtown zones regulated by this section:

1. Electric, externally illuminated or nonilluminated signs bearing the name of the occupant of a dwelling unit, not exceeding 64 square inches in area;

2. Memorial signs or tablets, and the names of buildings and dates of building erection if cut into a masonry surface or constructed of bronze or other noncombustible materials;

3. Signs for public facilities indicating danger and/or providing service or safety information;

4. National, state and institutional flags.

C. General Standards for All Signs.

1. Signs may be electrical, externally illuminated, nonilluminated or may use video display methods when the sign meets the development standards in Section 23.55.005, Video display methods.

2. No sign shall have rotating or moving parts that revolve at a speed in excess of seven (7) revolutions per minute.

3. No flashing signs shall be permitted.

4. Roof signs shall not be permitted.

5. No portion of any on-premises or off-premises sign shall be located more than sixty-five (65) feet above the elevation of the sidewalk at the street property line closest to the sign, other than for on-premises signs that only identify hotels and public buildings and where such a sign shall have no rotating or moving parts and shall meet the other requirements of this section.

D. On-premises Signs.

1. Number and Type of Permitted Signs.

a. Each use may have one (1) pole, ground, projecting or combination sign for each three hundred (300) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

b. In addition to the signs permitted by subsection D1a, each use may have one (1) wall, awning, canopy, marquee, or under-marquee sign for each thirty (30) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

c. In addition to the signs permitted by subsections D1a and D1b, each multiple business center may have one (1) wall, marquee, under-marquee, projecting or combination sign for each three hundred (300) lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

d. Among the number and type of permitted signs in subsections D1a, D1b and D1c, a maximum of four (4) of these signs identifying hotels or public buildings may be located sixty-five (65) feet or more above the elevation of the sidewalk.

e. Where the principal use or activity on the lot is outdoor retail sales, banner and strings of pennants maintained in good condition shall be allowed in addition to the signs permitted by subsections D1a, D1b and D1c.

2. There shall be no maximum area limits for on-premises signs, except for signs identifying hotels and public buildings sixty-five (65) feet or more above the elevation of the sidewalk, which shall not exceed eighteen (18) feet in length, height or any other direction.

E. Off-premises Signs.

1. When accessory parking is provided on a lot other than the lot where the principal use is located, off-premises directional signs five (5) square feet or less in area identifying the accessory parking shall be permitted.

2. Off-premises directional signs and advertising signs, in addition to those permitted by subsection E1, shall be permitted according to Section 23.55.014.

3. Advertising signs are prohibited in Downtown Mixed Residential/Residential (DMR/R) zones.

4. Sign kiosks as provided in Section 23.55.015 are allowed in downtown zones.

(Ord. 123046, § 51, 2009; Ord. 120466 § 4, 2001; Ord. 120388 § 11, 2001; Ord. 119239 § 32, 1998; Ord. 118414 § 42, 1996; Ord. 116780 § 3, 1993; Ord. 112830 § 10(part), 1986.)

23.55.036 Signs in IB, IC, IG1 and IG2 zones

A. No sign shall have rotating or moving parts that revolve at a speed in excess of seven revolutions per minute.

B. Signs may be electric, externally illuminated, or nonilluminated or may use video display methods when the sign meet the development standards in Section 23.55.005, Video display methods.

C. Flashing signs are prohibited.

D. On-premises Signs.

1. The following signs are permitted in addition to the signs permitted by subsections 23.55.036.D.2, .3, and .4:

a. Electric, externally illuminated or non-illuminated signs bearing the name of the occupant of a dwelling unit, not exceeding 64 square inches in area;

b. Memorial signs or tablets, and the names of buildings and dates of building erection if cut into a masonry surface or constructed of bronze or other noncombustible materials;

c. Signs for public facilities indicating danger and/or providing service or safety information;

d. National, state and institutional flags;

e. One under-marquee sign not exceeding 10 square feet in area;

f. One electric, externally illuminated or non-illuminated sign bearing the name of a home occupation, not exceeding 64 square inches in area.

2. Number and Type of Signs Allowed for Business Establishments.

a. Except as further restricted in subsection 23.55.036.D.5, each business establishment may have one ground, roof, projecting or combination sign (Type A sign) for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

b. In addition to the signs allowed by subsection 23.55.036.D.2.a, each business establishment may have one wall, awning, canopy, marquee, or under-marquee sign (Type B sign) for each 30 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

c. Multiple business centers may have one pole, ground, wall, marquee, under-marquee, projecting or combination sign for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys..

d. Individual businesses that are not drive-in businesses and that are not located in multiple business centers may have one pole sign in lieu of a Type A sign permitted by subsection 23.55.036.D.2.a for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

e. In addition to the signs allowed by subsections 23.55.036.d.2.a and 23.55.036.D.2.b, drive-in business establishments may have one pole sign for each 300 lineal feet, or portion thereof, of frontage on public rights-of-way, except alleys.

f. Where the principal use or activity on the lot is outdoor retail sales, banners and strings of pennants maintained in good condition shall be permitted in addition to the signs permitted by subsections 23.55.036.D.2.a and .b.

3. Maximum Area. Except as provided in sub section D5, there shall be no maximum area limits for on-premises signs for business establishments.

4. Identification Signs for Multifamily Structures.

a. One (1) identification sign shall be permitted on each street or alley frontage of a multifamily structure.

b. Identification signs may be wall, ground, awning, canopy, marquee, under-marquee, or projecting signs.

c. The maximum area of each sign shall be seventy-two (72) square feet.

5. Sign Height.

a. The maximum height for any portion of a projecting or combination sign shall be sixty-five (65) feet above existing grade, or the maximum height limit of the zone, whichever is less.

b. The maximum height limit for any portion of a pole sign shall be thirty (30) feet; except for pole signs for multiple business centers and for business establishments located within one hundred (100) feet of a state route right-of-way which is not designated in Section 23.55.042 as a landscaped or scenic view section, which shall have a maximum height of forty (40) feet.

c. The maximum height for any portion of a wall, marquee, under-marquee, or canopy sign shall be twenty (20) feet or the height of the cornice of the structure to which the sign is attached, whichever is greater.

d. No portion of a roof sign shall:

(1) Extend beyond the height limit of the zone for office uses, except that spectator sports facilities with a seating capacity of forty thousand (40,000) or greater and more than one (1) roof level may have up to two (2) identification signs, with the vertical dimension of lettering or characters limited to twelve (12) feet and a maximum total area for both signs limited to three thousand (3,000) square feet; provided, the sign height does not exceed the highest roof level. One (1) additional identification sign may be applied to each surface of the highest roof level, provided it does not exceed the height of that roof level.

(2) Exceed a height above the roof in excess of the height of the structure on which the sign is located; or

(3) Exceed a height of thirty (30) feet above the roof measured from a point on the roof line directly below the sign or from the nearest adjacent parapet.

E. Off-premises Signs.

1. Identifying Signs for Business Districts. Each business district may have up to two (2) identifying ground, pole, wall, or projecting signs which may list businesses located in the district. The identifying signs shall not be located in a residential zone, and shall meet the standard of Section 23.55.014, Off-premises signs.

2. When accessory parking is provided on a lot other than the lot where the principal use is located, off-premises directional signs five (5) square feet or less in area identifying the accessory parking shall be permitted.

3. Off-premises directional signs and advertising signs in addition to those permitted by subsections E1, E2, and E3 shall be permitted according to Section 23.55.014, Off-premises signs.

4. Sign kiosks as provided in Section 23.55.015 are permitted.

F. Signs Near Residential Zones. When located within fifty (50) feet of an abutting lot in a residential zone, electrical and externally illuminated signs shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on the abutting lot.

(Ord. 123649, § 43, 2011; Ord. 120611 § 15, 2001; Ord. 120466 § 5, 2001; Ord. 120388 § 12, 2001; Ord. 119391 § 1, 1999; Ord. 113658 § 11, 1987.)

23.55.040 Special exception for signs in commercial and downtown zones.

The Director may authorize exceptions to the regulations for the size, number, type, height and depth of projection of on-premises signs in neighborhood commercial, commercial, downtown office core, downtown retail core, downtown mixed commercial and downtown harborfront zones as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permit and Council Land Use Decisions, except that no special exception may be authorized for a sign using video display methods. When one (1) or more of the conditions in subsection A of this section have been met, the characteristics described in subsection B of this section shall be used to evaluate the merits of the proposal. Proposals must also meet the intent of the Sign Code as specified in Section 23.55.001, Intent. An exception shall not be granted for roof signs or signs prohibited in Section 23.55.003. In downtown zones, the Director shall consult with the Seattle Design Commission before issuance of the special exception decision.

A. Conditions. One (1) or more of the following conditions shall be met:

1. The proposed sign plan shows an exceptional effort toward creating visual harmony among signs, desirable streetscape features, building facades and other architectural elements of the building structure through the use of a consistent design theme;

2. The proposed sign plan will preserve a desirable existing design or siting pattern for signs in an area;

3. The proposed sign plan will reduce views of historic landmarks designated by the Landmarks Preservation Board no more than would be permitted by a sign permitted outright without a special exception.

B. Desired Characteristics. All the following desired characteristics shall be used to evaluate applications for a special exception, and at least one (1) must be met. The proposed sign(s):

1. Unifies the project as a whole or contributes positively to a comprehensive building and tenant signage plan;

2. Is compatible with the building facade and scale of building in terms of size, height and location;

3. Adds interest to the street level environment, while also identifying upper level businesses;

4. Helps orient pedestrians and motorists at street-level in the vicinity of the subject building;

5. Integrates support fixtures, conduits, wiring, switches and other mounting apparatus into the building architecture to the extent feasible.

C. Submittal Requirements. As part of any application for a special sign exception, the following information shall be submitted:

1. A narrative describing how the proposal is consistent with the conditions and desired characteristics listed in subsection A and B of this section, and why the desired results cannot be achieved without a special exception;

2. A colored rendering showing the proposed signs and how they relate to development in the area and on the subject property.

(Ord. 120466 § 6, 2001; Ord. 118888 § 2, 1998: Ord. 112830 § 10(part), 1986.)

23.55.042 Off-premises and business signs adjacent to certain public highways.

A. Intent. The purpose of this section is to implement the purpose and policy expressed by the Highway Advertising Control Act of the State of Washington in the regulation of outdoor off-premises signs adjacent to certain public highways, and this section is declared to be an exercise of the police power of the City to protect the public health, safety, convenience and the enjoyment of public travel, to attract visitors to the City and to conserve the beauty of the natural and built environment by regulating the size and location of certain signs adjacent to certain designated freeways, expressways, parkways and scenic routes within the City. This section shall be liberally construed for the accomplishment of these purposes and is intended to be additional and supplemental to other laws regulating the size and location of signs.

B. Off-premises and Business Signs Prohibited Near Certain Areas. No off-premises sign or business sign shall be erected within six hundred sixty (660) feet outgoing from the nearest edge of the main traveled way of any landscaped and/or scenic view section of a freeway, expressway, parkway or scenic route designated by this subsection and shown on Exhibit 23.55.042 A (Type A sections), and no off-premises sign shall be erected within two hundred (200) feet in any direction from the main traveled way of the exit and entrance ramps thereto, if any part of the advertising matter or informative content of the sign is visible from any place on the traveled way of the landscaped and/or scenic view section or ramp, except as provided in subsections C and D:

1. West Seattle Freeway from Harbor Avenue S.W. to 35th Avenue S.W.;

2. The west side of the Alaskan Freeway from South Connecticut Street to the west portal of the Battery Street Tunnel. The east side of the Alaskan Freeway from South Connecticut Street to the west portal of the Battery Street Tunnel;

3. Interstate Highway No. 5 from the north City limits to the south City limits;

4. Interstate Highway No. 90 from the east City limits to Interstate Highway No. 5;

5. State Route 520 (Evergreen Point Bridge) to Interstate Highway No. 5.

C. Business Signs Permitted on Type A Landscaped and Scenic View Sections. The following business signs shall be permitted outright on Type I landscaped and scenic view sections:

1. Stationary, nonflashing business signs on the face of a structure, the total area of which shall not exceed ten (10) percent of the face of the structure or two hundred fifty (250) square feet, whichever is less;

2. Stationary, nonflashing freestanding business signs, of which the total area visible from any place on the traveled way of the landscaped and/or scenic view section does not exceed seventy-five (75) square feet, and not exceeding thirty (30) feet in height including structures and component parts as measured from the grade immediately below the sign;

3. Real estate "for sale" or "for rent" signs, provided the total area of all such signs on any lot shall not exceed fifty (50) square feet;

4. Stationary, nonflashing business signs for gas stations, the area of a single face of which shall not exceed one hundred fifty (150) square feet and the total combined area of which shall not exceed two hundred fifty (250) square feet, which may be apportioned among freestanding business signs not exceeding thirty (30) feet in height and business signs on the face of a structure.

D. Discretionary Exceptions.

1. Discretionary exceptions from the provisions of subsection B may be issued for the types of signs listed in subsection D2 as a Type I decision under Chapter 23.76, Master Use Permits and Council Land Use Decisions, when the Director finds that the following criteria are met:

a. The exception will not make difficult the viewing and comprehending by motorists and pedestrians of official or conforming signs; and

b. The exception will not increase the density of signs along a designated landscaped and/or scenic view section to an extent tending to constitute a hazard to traffic safety or a detriment to the appearance of the neighborhood; and

c. The exception will not allow a sign to impinge upon a view of scenic interest.

2. Discretionary exemptions may be permitted for the following types of signs:

a. Business signs composed of letters, numbers or designs individually painted or mounted directly on a structure;

b. Business signs on a structure which extend not more than twelve (12) feet in height above the face of the structure, provided that the maximum permitted area of such signs, except for gas station signs, shall be reduced by fifty (50) percent;

c. Time, temperature and/or stock index recording devices as part of a business sign;

d. Business signs on a structure face of five thousand (5,000) square feet or more, the area of which exceeds two hundred fifty (250) square feet but which in no case exceeds five (5) percent of the area of the face of the structure;

e. Except signs for gas stations, freestanding business signs on the same premises with business signs on the face of a structure.

E. Off-premises Signs Prohibited Near Certain Areas. No off-premises sign shall be erected within six hundred sixty (660) feet outgoing from the nearest edge of the main traveled way of any landscaped and/or scenic view section designated by this subsection (Type B section) and shown on Exhibit 23.55.042 A, and no off-premises signs shall be erected within two hundred (200) feet in any direction from the main traveled way of the exit or entrance ramps thereto, if any part of the advertising matter or informative content of the off-premises sign is visible from any place on the traveled way of the landscaped and/or scenic view section or ramp.

1. The east side of Aurora Avenue North from the George Washington Memorial Bridge (Raye Street) to Prospect Street;

2. The east side of Dexter Avenue North from Westlake Avenue North to Aloha Street;

3. The east side of Westlake Avenue North from the Fremont Bridge to Valley Street;

4. The west side of Fairview Avenue North and Fairview Avenue East from Valley Street to the Lake Union Ship Canal;

5. The north side of Valley Street from Westlake Avenue North to Fairview Avenue North;

6. The south side of North 34th Street from the Fremont Bridge to North Pacific Street;

7. The south side of North Northlake Way and Northeast Northlake Way from the George Washington Memorial Bridge to Tenth Avenue Northeast;

8. The east side of Harbor Avenue Southwest from Southwest Florida Street to Duwamish Head;

9. The northwesterly side of Alki Avenue Southwest from Duwamish Head to Alki Point;

10. Lake Washington Boulevard and Lake Washington Boulevard South from Interstate 90 to Denny Blaine Park;

11. The perimeter streets of Green Lake, consisting of Aurora Avenue North from West Green Lake Way North to West Green Lake Drive North; West Green Lake Drive North; East Green Lake Way North; and West Green Lake Way North;

12. Northwest 54th Street and Seaview Avenue Northwest from the Hiram Chittenden Locks to Golden Gardens Park;

13. All streets forming the perimeter of Seattle Center, as follows:

Mercer Street from Warren Avenue North to Fifth Avenue North; Fifth Avenue North from Mercer Street to Broad Street; Broad Street from Fifth Avenue North to Denny Way; Denny Way from Broad Street to Second Avenue North; Second Avenue North from Denny Way to Thomas Street; Thomas Street from Second Avenue North to First Avenue North; First Avenue North from Thomas Street to Republican Street; Republican Street from First Avenue North to Warren Avenue; Warren Avenue from Republican Street to Mercer Street;

14. The south side of North Pacific Street and Northeast Pacific Street from 34th Street North to Latona Avenue Northeast;

15. Fourth Avenue South from Airport Way South to South Royal Brougham and South Royal Brougham Way from Fourth Avenue South to Occidental Avenue South.

(Ord. 119239 § 33, 1998; Ord. 116780 § 4, 1993; Ord. 112830 § 10(part), 1986.) {/PICK;23-55-042;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-55-042.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.55.042A\.

Part 3 Appeals

23.55.050 Appeals to Municipal Court.

If a person asserts a noncommercial speech right protected by the First Amendment of the United States Constitution and/or Article I, Sections 3, 4, and 5 of the Washington Constitution, and is aggrieved by an action of the City in denying or enforcing a permit or in removing a sign, and time be of the essence, the person may petition the presiding judge of the Seattle Municipal Court for a prompt review thereof. The matter shall be granted priority as a case involving constitutional liberties and shall be heard in the manner provided by the Municipal Court by rule, and the decision of the Municipal Court shall be final subject only to judicial review.

(Ord. 120388 § 13, 2001.)

Chapter 23.57
COMMUNICATIONS REGULATIONS

Sections:

Subchapter I General Provisions

23.57.001 Intent and objectives.

23.57.002 Scope and applicability of provisions

23.57.003 Nonconforming uses and structures.

23.57.004 Removal of unused facilities.

Subchapter II Major Communication Utilities

23.57.005 Permitted and prohibited locations.

23.57.006 Council conditional use criteria.

23.57.007 Administrative conditional use criteria.

23.57.008 Development standards.

Subchapter III Minor Communication Utilities and Accessory Communication Devices

23.57.009 Permitted and prohibited locations for all minor communication utilities, and development for minor communication utilities with freestanding transmission towers in all zones.

23.57.010 Single Family and Residential Small Lot zones

23.57.011 Lowrise, midrise and highrise zones

23.57.012 Commercial zones

23.57.013 Downtown zones

23.57.014 Special review, historic and landmark districts.

23.57.015 Industrial zones.

23.57.016 Visual impacts and design standards.

Subchapter I
General Provisions

23.57.001 Intent and objectives.

This chapter provides regulations and development standards for major and minor communication utilities and accessory communication devices. The regulations and development standards contained in this chapter are imposed to minimize the health, safety and visual impact of telecommunication utilities on nearby areas. Development of communication utilities and accessory devices may also be subject to other regulations, including but not limited to Chapter 25.05, SEPA Policies and Procedures and Chapter 25.10, Radiofrequency Radiation, in addition to the Land Use Code.

(Ord. 120928 § 24, 2002: Ord. 118414 § 44, 1996: Ord. 116295 § 25(part), 1992.)

23.57.002 Scope and applicability of provisions

A. The provisions of this chapter apply to communication utilities and accessory communication devices in all zones where permitted.

1. Direct broadcast satellite service, video programming service, or fixed wireless service antennas, as defined in applicable federal regulations, that measure 1 meter (3.28 feet) or less in diameter or diagonal measurement are exempt from the provisions of this chapter, except in special review, historic and landmark districts and on buildings designated by the Seattle Landmarks Preservation Board.

2. Special Rule for Satellite Dish Antennas. Satellite dish antennas are exempt from the provisions of this chapter when:

a. The antenna measures 1 meter (3.28 feet) or less in diameter in residential zones; or

b. The antenna measures 2 meters (6.56 feet) or less in diameter in non-residential zones.

B. The provisions of this chapter do not apply to Citizen Band radios, equipment designed and marketed as consumer products such as computers (including internet linkage), telephones, microwave ovens and remote control toys, and to television broadcast and radio receive-only antennas except satellite dishes not exempted in subsection 23.57.002.A.

C. Lots located in the Shoreline District shall meet the requirements of Chapter 23.60, the Seattle Shoreline Master Program, in addition to the provisions of this chapter. If there is a conflict between the regulations of the Shoreline Master Program and this chapter, the provisions of Chapter 23.60 apply.

D. Communication Utilities and Accessory Communication Devices Located in the Major Institution Overlay District. Communication Utilities located in the Major Institution Overlay District (Chapter 23.69) are subject to the use provisions and development standards of Chapter 23.57. Communication devices accessory to major institution uses located in the Major Institution Overlay District are subject to the use provisions and development standards of Chapter 23.57 unless such devices are addressed in a master plan adopted pursuant to Subchapter VI of Chapter 23.69. Accessory Communication Devices associated with the University of Washington are subject to Section 23.69.006.B.

(Ord. 123649, § 44, 2011; Ord. 120928 § 25, 2002: Ord. 116295 § 25(part), 1992.)

23.57.003 Nonconforming uses and structures.

A. Existing communication utilities and accessory communication devices which are nonconforming uses may remain in use subject to the provisions of this chapter.

B. The following activities shall be permitted outright for existing major and minor communication utilities and accessory communication devices which are nonconforming structures: structural alteration to meet safety requirements, replacement on-site, maintenance, renovation or repair. The addition of new telecommunication devices to an existing major communication utility transmission tower shall be permitted outright, except as follows: No more than a total of fifteen (15) horn and dish antennas which are over four (4) feet in any dimension may be located on an existing tower, unless the applicant submits copies of Federal Communications Commission licenses, as provided in Section 23.57.008 G, showing that all of the existing fifteen (15) horn and dish antennas over four (4) feet in any dimension, plus any proposed additional such horn or dish antenna, are accessory to the communication utility. Physical expansion shall be prohibited, except as may be permitted by the provisions in each zone.

(Ord. 120928 § 26, 2002; Ord. 116295 § 25(part), 1992.)

23.57.004 Removal of unused facilities.

There shall be a rebuttable presumption that any major or minor communication utility or accessory communication device that is regulated by this chapter and that is not operated for a period of twelve (12) months shall be considered abandoned. This presumption may be rebutted by a showing that such utility or device is an auxiliary, back-up, or emergency utility or device not subject to regular use or that the facility is otherwise not abandoned. For those utilities deemed abandoned, all equipment, including but not limited to antennas, poles, towers, and equipment shelters associated with the utility or accessory communication device shall be removed within twelve (12) months of the cessation of operation. Irrespective of any agreement among them to the contrary, the owner or operator of such unused facility, or the owner of a building or land upon which the utility is located, shall be jointly and severally responsible for the removal of abandoned utilities or devices (Ord. 120928 § 27, 2002.)

Subchapter II
Major Communication Utilities

23.57.005 Permitted and prohibited locations.

A. Single Family, Residential Small Lot, Lowrise, Midrise, Highrise, Neighborhood Commercial 1, 2 and 3, and the Seattle Cascade Mixed zones.

1. New major communication utilities shall be prohibited.

2. Physical expansion of existing major communication utilities may be permitted by Council Conditional Use under the criteria listed in Section 23.57.006 and according to development standards in Section 23.57.008.

3. The following activities shall be permitted outright for existing communication utilities and accessory communication devices: structural alteration to meet safety requirements, replacement on-site, maintenance, renovation, or repair. The addition of new accessory communication devices or new minor communication utilities to an existing tower shall be permitted outright, except as follows: No more than a total of fifteen (15) horn and dish antennas which are over four (4) feet in any dimension may be located on an existing tower, unless the applicant submits copies of Federal Communications Commission licenses, as provided in Section 23.57.008 G, showing that all of the existing fifteen (15) horn and dish antennas over four (4) feet in any dimension, plus any proposed additional such horn or dish antennas, are accessory to the communication utility.

B. Commercial 1 and 2 Zones.

1. New Major Communication Utilities.

a. Single-occupant major communication utilities may be permitted by Council Conditional Use under the criteria listed in Section 23.57.006 and according to the development standards in Section 23.57.008.

b. Shared-use major communication utilities may be permitted by Administrative Conditional Use under the criteria listed in Section 23.57.007 and according to development standards in Section 23.57.008.

2. Physical expansion of existing major communication utilities may be permitted by Council Conditional Use under the criteria listed in Section 23.57.006 and according to development standards in Section 23.57.008.

3. The following activities shall be permitted outright for existing communication utilities and accessory communication devices: structural alteration to meet safety requirements, replacement on-site, maintenance, renovation, or repair. The addition of new accessory communication devices or new minor communication utilities to an existing tower shall be permitted outright, except as follows: No more than a total of fifteen (15) horn and dish antennas which are over four (4) feet in any dimension may be located on an existing tower, unless the applicant submits copies of Federal Communications Commission licenses, as provided in Section 23.57.008 G, showing that all of the existing fifteen (15) horn and dish antennas over four (4) feet in any dimension, plus any proposed additional such horn or dish antennas, are accessory to the communication utility.

C. Downtown Zones.

1. In Pioneer Square Mixed, International District Mixed, International District Residential and Pike Market Mixed Zones, new major communication utilities shall be prohibited.

2. In all other downtown zones, establishment or physical expansion of major communication utilities may be permitted, whether single-occupant or shared, by Administrative Conditional Use under the evaluation criteria listed in Section 23.57.007 and according to development standards in Section 23.57.008.

3. The following activities shall be permitted outright for existing communication utilities and accessory communication devices: structural alteration to meet safety requirements, replacement on-site, maintenance, renovation, or repair. The addition of new accessory communication devices or new minor communication utilities to an existing tower shall be permitted outright, except as follows: No more than a total of fifteen (15) horn and dish antennas which are over four (4) feet in any dimension may be located on an existing tower, unless the applicant submits copies of Federal Communications Commission licenses, as provided in Section 23.57.008 G, showing that all of the existing fifteen (15) horn and dish antennas over four (4) feet in any dimension, plus any proposed additional such horn or dish antennas, are accessory to the communication utility.

D. Industrial Zones.

Establishment or physical expansion of major communication utilities, whether single-occupant or shared, may be permitted by Administrative Conditional Use under the criteria listed in Section 23.57.007 and the development standards in Section 23.57.008. The following activities shall be permitted outright for existing communication utilities and accessory communication devices: structural alteration to meet safety requirements, replacement on-site, maintenance, renovation, or repair. The addition of new accessory communication devices or new minor communication utilities to an existing tower shall be permitted outright, except as follows: No more than a total of fifteen (15) horn and dish antennas which are over four (4) feet in any dimension may be located on an existing tower, unless the applicant submits copies of Federal Communications Commission licenses, as provided in Section 23.57.008 G, showing that all of the existing fifteen (15) horn and dish antennas over four (4) feet in any dimension, plus any proposed additional such horn or dish antennas, are accessory to the communication utility.

(Ord. 120928 § 28, 2002: Ord. 116295 § 25(part), 1992.)

23.57.006 Council conditional use criteria.

When evaluating an application for a new or expanded major communication utility, the Council shall weigh the potential benefits to the general public of improved broadcast communications against potential negative impacts. The following criteria shall be weighed and balanced to make this determination:

A. Whether the proposed major communication utility will be substantially detrimental to the pedestrian or retail character of the surrounding commercial area or the residential character of nearby residentially zoned areas. Detriment may include diminished street-level activity. The impacts considered shall include, but not be limited to, visual, noise, land use, safety and traffic impacts;

B. Whether the location provides topographic conditions which maximize the opportunity for the use and operation of the major communication utility;

C. If a single-occupant major communication utility is proposed, whether reasonable efforts have been made and the applicant has demonstrated that it is not practical to locate the proposed antenna(s) on an existing communication utility, determined in part by the ability to achieve equivalent broadcast performance, and that locations other than in Residential, Neighborhood Commercial or Commercial zones have been considered in good faith;

D. Whether the proposed new, expanded or replaced communication utility provides the opportunity for sharing of facilities, so that the demand for major communication utilities elsewhere is minimized;

E. The Federal Aviation Administration advises the City that the proposed major communication utility does not create a hazard to aviation.

(Ord. 116295 § 25(part), 1992.)

23.57.007 Administrative conditional use criteria.

When evaluating an application for the establishment of a proposed major communication utility or its physical expansion, the Director shall consider the following criteria:

A. Whether the public benefit is outweighed by the adverse impacts, which cannot otherwise be mitigated;

B. Whether the project will have substantial adverse impacts on residential development in the vicinity, including demolition of housing.

(Ord. 116295 § 25(part), 1992.)

23.57.008 Development standards.

A. In Single Family, Residential Small Lot, Lowrise, Midrise, Highrise, Neighborhood Commercial, and Seattle Cascade Mixed zones, physical expansion of a major communication utility may be permitted only when:

1. The expanded facility will be a shared-use utility, and another broadcaster has contracted to relocate its transmitter to the expanded facility; and

2. A different existing tower of similar size in the immediate vicinity will be removed within six (6) months of issuance of the certificate of occupancy.

B. Access to sites containing major communication utilities shall be restricted to authorized personnel by fencing or other means of security. This fencing or other barrier shall be incorporated into the landscaping and/or screening to reduce visual impact of the facility.

C. Setbacks and Landscaping.

1. Major communication utility structures, including accessory structures, shall be set back at least twenty (20) feet from all lot lines.

2. Landscaping in the required setback:

a. A five (5)-foot deep setback measured perpendicular to the property lines shall be planted with ground cover.

b. The area between five (5) feet and ten (10) feet in from all lot lines shall be planted with continuous vegetation consisting of bushes.

c. The area between ten (10) feet and twenty (20) feet in from all lot lines shall be planted with view-obscuring vegetation consisting of evergreen hedges, and evergreen trees which are a minimum of ten (10) feet tall at time of planting and are expected to reach at least thirty (30) feet at maturity.

d. All landscaping shall conform to the Director's Rule on Landscape Standards.

3. Exceptions to Landscaping and Setback Requirements.

a. The setback requirement of subsection C1 may be reduced for any particular frontage of the utility site which is adjacent to, or across a street or alley from, a commercially zoned lot and the Director finds that an alternate plan for screening and landscaping would result in the same screening and mitigation of visual impacts as would result from the provision of the requirements of subsections C1 and C2, and would result in an appearance compatible with the commercial area. Alternative screening devices could include decorative walls, fences or murals. The screening may be provided by a structure if the appearance is compatible with the commercial area and if it results in the screening of the base of the transmission tower from adjacent uses.

b. The setback and landscaping requirements of subsection C shall not apply when the lot is adjacent to, or across a street or alley from, an industrially zoned lot.

c. Landscaping requirements of subsection C2 may be waived or reduced if the distance from the property line to the structure is far enough to substantially diminish the impact of the height of the structure or if the topography or existing vegetation provides a visual barrier comparable to the requirements of subsection C2.

D. The maximum height limit for all major communication utilities shall be one thousand one hundred (1,100) feet above mean sea level. These structures are also subject to Chapter 23.64, Airport Height District. Accessory structures are subject to the height limits of the zone.

E. The applicant shall use material, shape, color and lighting to minimize to the greatest extent practicable the visual impact, as long as these measures are not inconsistent with the requirements of the Federal Aviation Administration.

F. The applicant shall submit and follow a construction and maintenance plan to control or eliminate off-site impacts from construction or maintenance debris and icefall. This plan shall include a requirement to notify residents and business owners on properties immediately adjacent to or across a street or alley from the site when maintenance work such as sandblasting or painting is to occur.

G. When a horn or dish antenna over four (4) feet in any dimension is proposed to be added to an existing tower which already contains fifteen (15) such antennas, per Section 23.57.003 or 23.57.005, the applicant must submit copies of Federal Communications Commission licenses for auxiliary broadcast service, showing that all of the existing fifteen (15) horn and dish antennas which are over four (4) feet in any dimension, plus any proposed additional such horn or dish antenna, are accessory to the communication utility.

H. Equipment shelters and other accessory structures shall comply with the development standards of this section whether or not physical expansion, as defined in Section 23.84A.006, is proposed.

(Ord. 122311, § 72, 2006; Ord. 120928 § 29, 2002; Ord. 116295 § 25(part), 1992.)

Subchapter III
Minor Communication Utilities and Accessory Communication Devices

23.57.009 Permitted and prohibited locations for all minor communication utilities, and development standards for minor communication utilities with freestanding transmission towers in all zones.

A. Permitted and Prohibited Locations for All Minor Communication Utilities. New minor communication utilities and accessory communication devices shall be regulated as provided in Sections 23.57.010, 23.57.011, 23.57.012, 23.57.013, 23.57.014, and 23.57.015. However, minor communication utilities shall be permitted at any location if the applicant can demonstrate by technical studies that 1) the facility is for commercial mobile service, unlicensed wireless services, fixed wireless service, or common carrier wireless exchange access service as defined by applicable federal statutes or regulations; and 2) a facility at the site proposed is necessary to close an existing significant gap or gaps in the availability of a wireless carrier's communication service or to provide additional call capacity and that, absent the proposed facility, remote users of a wireless carrier's service are unable to connect with the land-based national telephone network, or to maintain a connection capable of supporting a reasonably uninterrupted communication; and 3) that the facility and the location proposed is the least intrusive facility at the least intrusive location consistent with effectively closing the service gap. In considering the degree of intrusiveness, the impacts considered shall include but not be limited to visual, noise, compatibility with uses allowed in the zone, traffic and the displacement of residential dwelling units in a residential zone.

B. Interior Locations. Minor communication utilities located entirely within the interior of a structure shall be permitted outright on lots developed with non-single family principal uses in single family zones, and on all lots in all other zones. The installation of the utility shall not result in the removal of a dwelling unit in a residential zone.

C. Minor communication utilities with freestanding transmission towers shall be subject to the access, setback, screening and landscaping requirements for major communication utilities in subsections B, C, E and H of Section 23.57.008 in addition to the standards of each zone as described in this chapter.

(Ord. 120928 § 30, 2002: Ord. 116295 § 25(part), 1992.)

23.57.010 Single Family and Residential Small Lot zones

A. Uses Permitted Outright.

1. Amateur radio devices accessory to a residential use that meet the development standards of subsection 23.57.010.E are permitted outright.

2. Minor communication utilities are permitted outright on existing freestanding major or minor telecommunication utility towers. Minor communication utilities locating on major communication utility towers are subject to the limitations of Sections 23.57.003 and 23.57.005.

B. Accessory Communication Devices.

1. Communication devices, regulated by this chapter pursuant to Section 23.57.002, that are accessory to residential uses and meet the development standards of subsection 23.57.010.E are permitted outright;

2. Communication devices on the same lot as and accessory to institutions, public facilities, public utilities, major institutions and nonconforming residential uses, that meet the development standards of subsection 23.57.010.E are permitted outright.

C. Uses Permitted by Administrative Conditional Use.

1. The following may be permitted by Administrative Conditional Use, pursuant to criteria listed in subsection 23.57.010.C.2, as applicable:

a. The establishment or expansion of a minor communication utility, unless the minor communication utility is permitted outright on an existing freestanding major or minor communication tower, except on lots zoned single -family or Residential Small Lot and containing a single family dwelling or no use.

b. Mechanical equipment associated with minor communication utilities whose antennas are located on another site or in the right-of-way, where the equipment is completely enclosed within a structure that meets the development standards of the zone. The equipment shall not emit radiofrequency radiation, and shall not result in the loss of a dwelling unit. Antennas attached to City-owned poles in the right-of-way shall follow the terms and conditions contained in Section 15.32.300.

2. Administrative Conditional Use Criteria.

a. The proposal shall not be significantly detrimental to the residential character of the surrounding residentially zoned area, and the facility and the location proposed shall be the least intrusive facility at the least intrusive location consistent with effectively providing service. In considering detrimental impacts and the degree of intrusiveness, the impacts considered shall include but not be limited to visual, noise, compatibility with uses allowed in the zone, traffic, and the displacement of residential dwelling units.

b. The visual impacts that are addressed in Section 23.57.016 shall be mitigated to the greatest extent practicable.

c. Within a Major Institution Overlay District, a Major Institution may locate a minor communication utility or an accessory communication device, either of which may be larger than permitted by the underlying zone, when:

1) The antenna is at least 100 feet from a Major Institution Overlay District boundary, and

2) The antenna is substantially screened from the surrounding neighborhood's view.

d. If the proposed minor communication utility is proposed to exceed the permitted height of the zone, the applicant shall demonstrate the following:

1) The requested height is the minimum necessary for the effective functioning of the minor communication utility, and

2) Construction of a network of minor communication utilities that consists of a greater number of smaller less obtrusive utilities is not technically feasible.

e. If the proposed minor communication utility is proposed to be a new freestanding transmission tower, the applicant shall demonstrate that it is not technically feasible for the proposed facility to be on another existing transmission tower or on an existing building in a manner that meets the applicable development standards. The location of a facility on a building on an alternative site or sites, including construction of a network that consists of a greater number of smaller less obtrusive utilities, shall be considered.

f. If the proposed minor communication utility is for a personal wireless facility and it would be the third separate utility, or any subsequent separate utility after the third utility, on the same lot, the applicant shall demonstrate that it meets the criteria contained in subsection 23.57.009.A, except for minor communication utilities located on a freestanding water tower or similar facility.

D. Uses Permitted by Council Conditional Use. The establishment or expansion of a minor communication utility other than as described in subsection 23.57.010.C, may be permitted as a Council Conditional Use, pursuant to the following criteria, as applicable:

1. The proposal is for a personal wireless facility that meets the criteria contained in subsection 23.57.009.A;

2. If located on a lot developed with a single family dwelling, the proposed minor communication utility is clearly incidental to the use of the property as a dwelling;

3. If the proposed minor communication utility is proposed to exceed the permitted height of the zone, the applicant shall demonstrate that the requested height is the minimum necessary for the effective functioning of the minor communication utility.

E. Development Standards.

1. Location. Minor communication utilities and accessory communication devices regulated pursuant to Section 23.57.002 and amateur radio towers:

a. Are prohibited in the required front yard, and amateur radio towers are additionally prohibited in side yards.

b. When ground-mounted, shall be included in lot coverage and rear yard coverage calculations. For dish antennas, lot coverage shall be calculated with the dish in a horizontal position.

c. May be located on rooftops of non-residential buildings, but shall not be located on rooftops of principal or accessory structures containing residential uses, except as provided in subsection 23.57.010.E.5.

2. Height and Size.

a. The height limit of the zone applies to minor communication utilities and accessory communication devices. Exceptions to the height limit may be authorized through the approval of an Administrative Conditional Use pursuant to subsection 23.57.010.C or a Council Conditional Use pursuant to subsection 23.57.010.D.

b. The maximum diameter of dish antennas is 6 feet, except for major institutions within a Major Institution Overlay District, when regulated as an administrative conditional use pursuant to subsection 23.57.010.C.

c. The maximum height of an accessory amateur radio tower is no more than 50 feet above existing grade. Cages and antennas may extend to a maximum additional 15 feet. The base of the tower shall be setback from any lot line a distance at least equivalent to one-half the height of the total structure, including tower or other support, cage and antennas.

3. Visual Impacts. All minor communication utilities and accessory communication devices, except for facilities located on buildings designated by the Seattle Landmarks Preservation Board, facilities governed by Section 23.57.014, and amateur radio towers, shall meet the standards set forth in Section 23.57.016.

4. Access and Signage. Access to transmitting accessory communication devices and to minor communication utilities shall be restricted to authorized personnel by fencing or other means of security. If located on a residential structure or on a public utility, warning signs at every point of access to the transmitting antenna shall be posted with information on the existence of radiofrequency radiation.

5. Reception Window Obstruction. If, in the case of an accessory communications device or minor communications utility that would otherwise comply with this Section 23.57.010, the strict adherence to all development standards would result in reception window obstruction in all permissible locations on the subject lot, the Director may grant a waiver from development standards of subsection 23.57.010.E.1.c and the screening requirements of Section 23.57.016. The first waiver to be considered will be reduction, then waiver from screening. Only if these waived regulations would still result in obstruction shall rooftop location be considered. Approval of a waiver is subject to the following criteria:

a. The applicant shall demonstrate that the obstruction is a result of factors beyond the property owner's control, taking into consideration potential permitted development on adjacent and neighboring lots with regard to future reception-window obstruction.

b. The applicant is required to use material, shape and color to minimize visual impact.

c. If a waiver is sought per this subsection 23.57.005.E.5.c to permit a rooftop location, the maximum permitted height of the device is 4 feet above the existing roofline or 4 feet above the zone height limit, whichever is higher.

(Ord. 123649, § 45, 2011; Ord. 120928 § 31, 2002: Ord. 116295 § 25(part), 1992.)

23.57.011 Lowrise, Midrise and Highrise zones

A. Uses Permitted Outright.

1. Amateur radio devices accessory to a residential use that meet the development standards of subsection C are permitted outright.

2. Communication devices accessory to residential, public facility, public utility, major institution or institutional use are permitted outright when they meet the development standards of subsection C.

3. Mechanical equipment, associated with minor communication utilities whose antennas are located on another site or in the right-of-way, is permitted outright where the equipment is completely enclosed within a structure that meets the development standards of the zone. The equipment shall not emit radiofrequency radiation, and shall not result in the loss of a dwelling unit. Antennas attached to City-owned poles in the right-of-way shall follow the terms and conditions contained in Section 15.32.300.

4. Minor communication utilities are permitted outright on existing freestanding major or minor telecommunication utility towers. Minor communication utilities locating on major communication utility towers are subject to the limitations of Sections 23.57.003 and 23.57.005.

B. Uses Permitted by Administrative Conditional Use. The establishment or expansion of a minor communication utility regulated pursuant to Section 23.57.002, may be permitted as an Administrative Conditional Use when they meet the development standards of subsection C and the following criteria, as applicable:

1. The project shall not be substantially detrimental to the residential character of nearby residentially zoned areas, and the facility and the location proposed shall be the least intrusive facility at the least intrusive location consistent with effectively providing service. In considering detrimental impacts and the degree of intrusiveness, the impacts considered shall include but not be limited to visual, noise, compatibility with uses allowed in the zone, traffic, and the displacement of residential dwelling units.

2. The visual impacts that are addressed in Section 23.57.016 shall be mitigated to the greatest extent practicable.

3. Within a Major Institution Overlay District, a Major Institution may locate a minor communication utility or an accessory communication device, either of which may be larger than permitted by the underlying zone, when:

a. The antenna is at least one hundred (100) feet from a MIO boundary, and

b. The antenna is substantially screened from the surrounding neighborhood's view.

4. If the minor communication utility is proposed to exceed the zone height limit, the applicant shall demonstrate that the requested height is the minimum necessary for the effective functioning of the minor communication utility.

5. If the proposed minor communication utility is proposed to be a new freestanding transmission tower, the applicant shall demonstrate that it is not technically feasible for the proposed facility to be on another existing transmission tower or on an existing building in a manner that meets the applicable development standards. The location of a facility on a building on an alternative site or sites, including construction of a network that consists of a greater number of smaller less obtrusive utilities, shall be considered.

C. Development standards.

1. Location. Minor communication utilities and accessory communication devices regulated pursuant to Section 23.57.002 and amateur radio towers:

a. Are prohibited in a required front or side setback.

b. May be located in a required rear setback, except for transmission towers.

c. In all Lowrise, Midrise and Highrise zones, minor communication utilities and accessory communication devices may be located on rooftops of buildings, including sides of parapets and penthouses above the roofline. Rooftop space within the following parameters shall not count toward meeting open space or amenity area requirements: the area 8 feet from and in front of a directional antenna and at least 2 feet from the back of a directional antenna, or, for an omnidirectional antenna, 8 feet away from the antenna in all directions. Public Health– Seattle & King County may require a greater distance for paging facilities after review of the Non-Ionizing Electromagnetic Radiation (NIER) report.

2. Height and Size.

a. The height limit of the zone shall apply to minor communication utilities and accessory communication devices, except as may be permitted in this subsection 23.57.011.C.

b. The maximum diameter of dish antennas shall be 6 feet, except for major institutions within the Major Institution Overlay District, regulated through an administrative conditional use in subsection 23.57.011.B above.

c. The maximum height of an amateur radio tower shall be no more than 50 feet above existing grade. Cages and antennas may extend to a maximum additional 15 feet. The base of the tower shall be setback from any lot line a distance at least equivalent to one-half the height of the total structure, including tower or other support, cage and antennas.

3. Visual Impacts. All minor communication utilities and accessory communication devices, except for facilities located on buildings designated by the Seattle Landmarks Preservation Board, facilities governed by Section 23.57.014, and amateur radio towers, shall meet the standards set forth in Section 23.57.016.

4. Access and Signage. Access to transmitting minor communication utilities and to accessory communication devices shall be restricted to authorized personnel by fencing or other means of security. Warning signs at every point of access to the rooftop or common area shall be posted with information on the existence of radio frequency radiation.

5. Reception Window Obstruction. When, in the case of an accessory communications device or minor communications utility that would otherwise comply with this section, the strict adherence to all development standards would result in reception window obstruction in all permissible locations on the subject lot, the Director may grant a waiver from the screening requirements of Section 23.57.016. Approval of a waiver shall be subject to the following criteria:

a. The applicant shall demonstrate that the obstruction is due to factors beyond the control of the property owner, taking into consideration potential permitted development on adjacent and neighboring lots with regard to future reception-window obstruction.

b. The applicant shall use material, shape and color to minimize visual impact.

(Ord. 123668, § 1, 2011; Ord. 123495, § 70, 2011; Ord. No. 123209, § 57, 2009; Ord. 120928 § 32, 2002: Ord. 116295 § 25(part), 1992.)

23.57.012 Commercial zones

A. Uses Permitted Outright.

1. In Neighborhood Commercial, Commercial, and the Seattle Cascade Mixed zones, minor communication utilities other than freestanding transmission towers and accessory communication devices shall be permitted outright when meeting the height limit of the zone as modified by subsection C of this section.

2. Minor communication utilities that do not meet the height limit of the zone are permitted outright on existing freestanding major or minor telecommunication utility towers. Minor communication utilities locating on major communication utility towers are subject to the limitations of Sections 23.57.003 and 23.57.005.

B. Uses Permitted by Administrative Conditional Use. In Neighborhood Commercial, Commercial, and the Seattle Cascade Mixed zones, an Administrative Conditional Use shall be required for the establishment or expansion of a free standing transmission tower, regardless of height, and for minor communication utilities and accessory communication devices that exceed the height limit of the underlying zone as modified by subsection C of this section. Approval shall be pursuant to the following criteria, as applicable:

1. The proposal shall not result in a significant change in the pedestrian or retail character of the commercial area.

2. If the minor communication utility is proposed to exceed the zone height limit as modified by subsection C of this section, the applicant shall demonstrate that the requested height is the minimum necessary for the effective functioning of the minor communication utility.

3. If the proposed minor communication utility is proposed to be a new freestanding transmission tower, the applicant shall demonstrate that it is not technically feasible for the proposed facility to be on another existing transmission tower or on an existing building in a manner that meets the applicable development standards. The location of a facility on a building on an alternative site or sites, including construction of a network that consists of a greater number of smaller less obtrusive utilities, shall be considered.

C. Development standards.

1. Location and height. Facilities in special review, historic, and landmark districts are subject to the standards of Section 23.57.014. On sites that are not in special review, historic, or landmark districts, antennas may be located on the rooftops of buildings, including sides of parapets and equipment penthouses above the roofline, subject to the height limits in subsections 23.57.012.C.1.a and C.1.b, as limited by subsection 23.57.012.C.1.c. below:

a. Utilities and devices located on a rooftop of a building nonconforming as to height may extend up to 15 feet above the height of the building legally existing as of the effective date of Ordinance 120928.1

b. Utilities and devices located on a rooftop of a building that conforms to the height limit may extend up to 15 feet above the zone height limit or above the highest portion of a building, whichever is less.

c. Any height above the underlying zone height limit permitted under subsections 23.57.012.C.1.a and C.1.b, shall be allowed only if the combined total coverage by communication utilities and accessory communication devices, in addition to the roof area occupied by rooftop features listed in Section 23.47A.012.C.4, does not exceed 20 percent of the total rooftop area, or 25 percent of the rooftop area if mechanical equipment is screened.

d. The following rooftop areas shall not be counted towards amenity area requirements:

1) The area 8 feet from and in front of a directional antenna and the area 2 feet from and in back of a directional antenna.

2) The area within 8 feet in any direction from an omnidirectional antenna.

3) Such other areas in the vicinity of paging facilities as determined by the Seattle-King County Health Department after review of the Non-Ionizing Electromagnetic Radiation (NIER) report.

2. Access and Signage. Access to minor communication utilities and transmitting accessory communication devices shall be restricted to authorized personnel by fencing or other means of security. Warning signs at every point of access to the rooftop or common area shall be posted with information on the existence of radiofrequency radiation.

3. Height of Amateur Radio Tower. The maximum height of an amateur radio tower shall be no more than 50 feet above grade in zones where the maximum height limit is 50 feet or less. Cages and antennas may extend to a maximum additional 15 feet. In zones with a maximum permitted height over 50 feet, the height above grade of the amateur radio tower shall not exceed the maximum height limit of the zone.

4. Visual Impacts. All minor communication utilities and accessory communication devices, except for facilities located on buildings designated by the Seattle Landmarks Preservation Board, facilities governed by Section 23.57.014, and amateur radio towers, shall meet the standards set forth in Section 23.57.016.

5. Reception Window Obstruction. When, in the case of an accessory communications device or minor communications utility that would otherwise comply with this section 23.57.012, the strict adherence to all development standards would result in reception window obstruction in all permissible locations on the subject lot, the Director may grant a waiver from the development standards of this section 23.57.012 and Section 23.57.016, subject to the following criteria:

a. The applicant shall demonstrate that obstruction of the reception window is due to factors beyond the control of the property owner, taking into account potential permitted development on adjacent and neighboring lots with regard to reception window obstruction.

b. The applicant shall use material, shape and color to minimize visual impact.

(Ord. 123564, § 9, 2011; Ord. 123495, § 71, 2011; Ord. 122311, § 73, 2006; Ord. 120928 § 33, 2002: Ord. 116295 § 25(part), 1992.)

23.57.013 Downtown zones

A. Permitted Uses. Minor communication utilities and accessory communication devices are permitted outright when meeting development standards of the zone in which the site is located, except for height limits, and subsection 23.57.013.B.

B. Development Standards.

1. Access to transmitting minor communication utilities and accessory communication devices shall be restricted to authorized personnel when located on rooftops or other common areas. Warning signs at every point of access to the rooftop or common area shall be posted with information on the existence of radiofrequency radiation.

2. Height.

a. Except for special review, historic and landmark districts (see Section 23.57.014), minor communication utilities and accessory communication devices may be located on rooftops of buildings, including sides of parapets and equipment penthouses above the roofline, as follows:

1) Those utilities and devices located on a rooftop of a building nonconforming as to height may extend up to 15 feet above the height of the building existing as of November 1, 2002;

2) Those utilities and devices located on a rooftop may extend up to 15 feet above the applicable height limit or above the highest portion of the building, whichever is less.

The additional height permitted in 23.57.013.B.2.a.(1) and (2) is permitted if the combined total of communication utilities and accessory communication devices in addition to the roof area occupied by rooftop features listed in Section 23.49.008.D.2, does not exceed 35 percent of the total rooftop area.

b. The height of minor communications utilities and accompanying screening may be further increased through the design review process, not to exceed 10 percent of the applicable height limit for the structure. For new buildings this increase in height may be granted through the design review process provided for in Section 23.41.014. For minor communication utilities on existing buildings this increase in height may be granted through administrative design review provided for in Section 23.41.016.

3. Visual Impacts. All minor communication utilities and accessory communication devices, except for facilities located on buildings designated by the Seattle Landmarks Preservation Board, facilities governed by Section 23.57.014, and amateur radio towers, shall meet the standards set forth in Section 23.57.016.

4. Antennas may be located on rooftops of buildings, including sides of parapets above the roofline. Rooftop space within the following parameters do not count toward meeting open space requirements: the area 8 feet away from and in front of a directional antenna and at least 2 feet from the back of a directional antenna, or, for an omnidirectional antenna, 8 feet away from the antenna in all directions. Public Health– Seattle & King County may require a greater distance for paging facilities after review of the Non-Ionizing Electromagnetic Radiation (NIER) report.

C. Reception Window Obstruction. When, in the case of an accessory communications device or minor communications utility that would otherwise comply with this section, the strict adherence to all development standards would result in reception window obstruction in all permissible locations on the subject lot, the Director may grant a waiver from the development standards of this section and Section 23.57.016, subject to the following criteria:

1. The applicant shall demonstrate that the obstruction is due to factors beyond the control of the property owner, taking into account potential permitted development on adjacent and neighboring lots with regard to future reception-window obstruction.

2. The applicant shall use material, shape and color to minimize visual impact.

(Ord. 123668, § 1, 2011; Ord. 123649, § 46, 2011; Ord. 122054 § 79, 2006; Ord. 120928 § 34, 2002; Ord. 116295 § 25(part), 1992.)

23.57.014 Special review, historic and landmark districts.

Communication utilities and accessory communication devices for which a Certificate of Approval may be required in IDR, PSM, IDM, PMM (see SMC Chapter 25.24) zones, the International Special Review District, the Pioneer Square Preservation District, and the Ballard Avenue (SMC Chapter 25.16), Columbia City (SMC Chapter 25.20) and Harvard-Belmont (SMC Chapter 25.22) Landmark Districts shall be sited in a manner that minimizes visibility from public streets and parks and may be permitted as follows:

A. Minor communication utilities and accessory communication devices may be permitted subject to the use provisions and development standards of the underlying zone and this chapter, with the following additional height allowance: communication utilities and devices may extend up to four (4) feet above a roof of the structure, regardless of zone height limit.

B. An Administrative Conditional Use approval shall be required for communication utilities and accessory devices regulated per Section 23.57.002, and which do not meet the requirements of subsection A above. Any action under this section shall be subject to the Pioneer Square Preservation District and the International Special Review District review and approval and the Department of Neighborhoods Director; in the Ballard Avenue Landmark District by the Ballard Avenue Landmark District Board and the Department of Neighborhoods Director; in the Pike Place Market Historical District by the Pike Place Market Historical Commission, and in the Columbia City Landmark District and the Harvard-Belmont Landmark District by the Landmarks Preservation Board, according to the following criteria:

1. Location on rooftops is preferred, set back toward the center of the roof as far as possible. If a rooftop location is not feasible, communication utilities and accessory communication devices may be mounted on secondary building facades. Siting on primary building facades may be permitted only if the applicant shows it is impossible to site the devices on the roof or secondary facade. Determination of primary and secondary building facades will be made by the appropriate board or commission.

2. Communication utilities and accessory communication devices shall be installed in a manner that does not hide, damage or obscure architectural elements of the building or structure.

3. Visibility shall be further minimized by painting, screening, or other appropriate means, whichever is less obtrusive. Creation of false architectural features to obscure the device is discouraged.

(Ord. 120928 § 35, 2002: Ord. 116295 § 25(part), 1992.)

23.57.015 Industrial zones.

A. Permitted Uses. Minor communication utilities and accessory communication devices shall be permitted outright when meeting the standards of the zone in which the site is located, except for height limits, and subsection B of this section.

B. Development Standards.

1. Height limits of the zone shall not apply to antennas or their support structures.

2. Access to transmitting minor communication utilities and accessory communication devices shall be restricted to authorized personnel when located on rooftops or other common areas. Warning signs at every point of access to the rooftop or common area shall be posted with information on the existence of radiofrequency radiation.

3. Visual Impacts. All minor communication utilities and accessory communication devices, except for facilities located on buildings designated by the Seattle Landmarks Preservation Board, facilities governed by Section 23.57.014, and amateur radio towers, shall meet the standards set forth in Section 23.57.016.

C. Reception Window Obstruction. When, in the case of an accessory communications device or minor communications utility that would otherwise comply with this section, the strict adherence to all development standards would result in reception-window obstruction in all permissible locations on the subject lot, the Director may grant a waiver from the development standards of this section and Section 23.57.016, subject to the following criteria:

1. The applicant shall demonstrate that the obstruction is due to factors beyond the control of the property owner, taking into account potential permitted development on adjacent and neighboring lots with regard to future reception-window obstruction.

2. The applicant shall use material, shape and color to minimize visual impact.

(Ord. 120928 § 36, 2002: Ord. 116295 § 25(part), 1992.)

23.57.016 Visual impacts and design standards.

A. Telecommunication facilities shall be integrated with the design of the building to provide an appearance as compatible as possible with the structure. Telecommunication facilities, or methods to screen or conceal facilities, shall result in a cohesive relationship with the key architectural elements of the building.

B. If mounted on a pitched roof, facilities shall be screened by materials that maintain the pitch of the roof, matching color and texture as closely as possible, or integrated with and enclosed within structures such as dormers or gables compatible with the roof design. See exhibit 23.57.016 B.

C. If mounted on a flat roof, screening shall extend to the top of communication facilities except that whip antennas may extend above the screen as long as mounting structures are screened. Screening for satellite dishes is addressed in subsection E, below. Said screening shall be integrated with architectural design, material, shape and color. Facilities in a separate screened enclosure shall be located near the center of the roof, if technically feasible. Facilities not in a separate screened enclosure shall be mounted fiat against existing stair and elevator penthouses or mechanical equipment enclosures and shall be no taller than such structures.

D. Facilities that are side-mounted on buildings shall be integrated with architectural elements such as window design or building decorative features, or screened by siding or other materials matching the building exterior, or otherwise be integrated with design, material, shape, and color so as to not be visibly distinctive. In general, antennas shall be as unobtrusive as practicable, including the use of non-reflective materials. Installations on the primary building facade shall be allowed only if roof, ground-mounted, or secondary facade mounted installation is technically unfeasible.

E. Satellite dishes that are not located on freestanding transmission towers shall be screened to the top of the dish on at last three (3) sides and shall be enclosed in the direction of the signal to the elevation allowed by the azimuth of the antenna. If screening on the remaining side is not to the top of the antenna, the antenna and the inside and outside of the screen shall be painted the same color to minimize visibility and mask the contrasting shape of the dish with building or landscape elements.

F. New antennas shall be consolidated with existing antennas and mechanical equipment unless the new antennas can be better obscured or integrated with the design of other parts of the building.

G. Antennas mounted on a permitted accessory structure, such as a free standing sign, shall be integrated with design, material, shape and color and shall not be visibly distinctive from the structure.

H. A screen for a ground-mounted dish antenna shall be a minimum six (6) feet tall and shall extend to the top of the dish. The screen may be in the form of a view-obscuring fence, wall or hedge that shall be maintained in good condition. Chain link, plastic or vinyl fencing/screening is prohibited.

I. Antennas attached to a public facility, such as a water tank, shall be integrated with the design, material, shape and color of, and shall not be visibly distinctive from, the public facility. Antennas attached to City-owned poles shall follow the terms and conditions contained in Section 15.32.300.

J. Freestanding transmission towers shall minimize external projections from the support structure to reduce visual impacts and to the extent feasible shall integrate antennas in a screening structure with the same dimensions as external dimensions of the support structure, or shall mount antennas with as little projection from the structure as feasible. External conduits, climbing structures, fittings, and other projections from the external face of the support structure shall be minimized to the extent feasible.

K. The standards set forth in this Section 23.57.016 may be varied as follows:

1. For new buildings these standards may be varied through the design review process provided for in Section 23.41.014.

2. For existing buildings that have previously gone through the design review process these standards may be varied by the Director if the Director determines that the new minor communication facilities would be consistent with the Director's design review decision on the original building; otherwise, these standards may be varied through the administrative design review process provided for in Section 23.41.016.

3. For existing buildings that have not previously gone through the design review process these standards may be varied through the administrative design review process provided for in Section 23.41.016.

(Ord. 120928 § 37, 2002.)

{/PICK;23-57-016;36p;comptd;block;cct;def;ff;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-57-016.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

Chapter 23.58A
INCENTIVE PROVISIONS.

Subchapter I General Provisions

23.58A.002 Scope of chapter; general rules

23.58A.004 Definitions

23.58A.006 Permitting conditions– Incentive Plans.

23.58A.008 Limits on use of incentives

Subchapter II: Extra Residential Floor Area

23.58A.010 Scope of subchapter.

23.58A.012 Methods to achieve extra residential floor area

23.58A.013 Affordable housing incentive programs: purpose and findings.

23.58A.014 Bonus residential floor area for affordable housing.

23.58A.016 Bonus residential floor area for amenities

23.58A.018 Transfer of residential development potential

Subchapter III Extra Nonresidential Floor Area

23.58A.020 Scope of subchapter

23.58A.022 Methods to achieve extra nonresidential floor area

23.58A.023 Affordable housing incentive programs: purpose and findings

23.58A.024 Bonus nonresidential floor area for low-income housing and child care

Subchapter I
General provisions

23.58A.002 Scope of chapter; general rules

A. This chapter contains rules for workforce housing and other incentive programs in areas for which the provisions of the zone specifically refer to this chapter. This chapter does not apply to Downtown zones, except in South Downtown. The provisions in this chapter specify conditions under which extra floor area may be allowed, as exceptions to the otherwise applicable floor area or base height limit, or both, subject to the maximum limits stated in the provisions of the zone and to all other applicable requirements and approvals. Nothing in this chapter authorizes allowance of extra floor area, or the construction or use of any structure, contrary to any other provisions of this Title 23 or Title 25. Projects for which extra floor area is sought may be subject to conditions under other chapters and titles of this Code, including without limitation conditions imposed pursuant to Chapter 25.05, Environmental Policies and Procedures.

B. The provisions of this subchapter apply generally to projects using any of the incentive provisions in this chapter, unless otherwise expressly provided in the applicable subchapter of this chapter or in the provisions of the zone.

C. Nothing in this chapter shall be construed to confer on any owner or developer any development rights or property interests. The availability and terms of any allowance of extra floor area depend on the regulations in effect on the relevant date for consideration of a permit application for the project proposing to use such extra floor area, pursuant to Section 23.76.026, notwithstanding any prior approvals, interpretations or agreements by the Director, Housing Director or other official regarding the eligibility of any actual or proposed facility or feature to satisfy conditions for extra floor area.

(Ord. 123589, § 68, 2011; Ord. 122882, § 1, 2008.)

23.58A.004 Definitions

A. Scope and Applicability.

1. General Rule. The terms set forth in quotations in this section, when used in this chapter, have the meanings set forth in this section unless the context otherwise requires.

2. Definitions in Chapter 23.84A. Definitions in this chapter or in the applicable provisions of the zone supersede any definitions of the same terms in Chapter 23.84A for purposes of the provisions of this chapter, unless specified otherwise in this chapter.

B. Defined Terms - General.

"Affordable housing" means a unit or units of low-income housing provided as a condition to bonus floor area.

"Base FAR" or "Base floor area ratio" means the nonresidential floor area that may be allowed under the provisions of the zone limiting floor area, expressed as a multiple of the lot area, without use of any bonuses, transfer of development capacity, other incentive provisions, or any departures, waivers, variances or special exceptions.

"Base residential floor area" means:

1. For a lot in South Downtown in a PSM, IDM, IDR, DMR or DMC zone from which TDP is transferred, six times the lot area; and

2. For all other lots, the amount of residential floor area allowable on the lot under the provisions of the zone that expressly limit floor area, excluding any floor area exempted from the limits, without use of any bonuses, transfer of development capacity, other incentive provisions, or any departures, waivers, variances or special exceptions, and before giving effect to any transfer of residential development potential to another lot.

"Base height limit" means the height limit that would apply under the provisions of the zone based upon the proposed uses in a structure, if the applicant did not qualify for any additional height dependent on the provisions of this Chapter 23.58A, after giving effect to any additional height that is actually allowed for the pitched roof of a structure and any additional height that is or would be allowed under the provisions of the zone because of the slope of the lot, but before giving effect to any allowance for rooftop features or any departure, waiver, variance or special exception.

"Bonus floor area" means bonus residential floor area or bonus nonresidential floor area.

"Bonus nonresidential floor area" means extra nonresidential floor area allowed pursuant to any bonus provisions in subchapter III of this Chapter 23.58A. It does not include extra floor area gained through TDR.

"Bonus residential floor area" means extra residential floor area allowed pursuant to the bonus provisions in subchapter II of this Chapter 23.58A. It includes, without limitation, housing bonus residential floor area. It does not include extra floor area gained through TDP.

"Certificate of occupancy" means the first certificate of occupancy issued by the City for a project, whether temporary or permanent, unless otherwise specified.

"Extra floor area" means extra residential floor area or extra nonresidential floor area.

"Extra residential floor area" means the gross floor area of all residential development allowed in addition to a base height limit or base floor area limit, or both, under the provisions of this Chapter 23.58A or under any other provisions of this Title 23 referring to this Chapter 23.58A that allow a bonus or a transfer of development rights or development capacity. It includes, without limitation, gross floor area in residential use in all stories wholly or in part above the base height limit, and all bonus residential floor area. In the IDM 75/85-150 zone, hotel use in a mixed use project may be counted as extra residential floor area subject to subsection 23.49.023.A and subsection 23.49.208.E.

"Extra nonresidential floor area" means the nonresidential floor area of all nonresidential development allowed in addition to base FAR or to a base height limit for nonresidential use, or both, under the provisions of this Chapter 23.58A or under any other provisions of this Title 23 referring to this Chapter 23.58A that allow a bonus or a transfer of development rights or development capacity. It includes, without limitation, gross floor area in nonresidential use in all stories wholly or in part above the base height limit for nonresidential use, and all bonus nonresidential floor area.

"Housing bonus residential floor area" means extra residential floor area allowed on condition that low-income housing be provided, or that a payment in lieu thereof be made, under subchapter II of this Chapter 23.58A.

"Housing and child care bonus nonresidential floor area" means extra nonresidential floor area allowed under subchapter III of this Chapter 23.58A on condition that low-income housing be provided or a payment in lieu of low-income housing be made and that a child care facility be provided or a payment in lieu of a child care facility be made.

"Income-eligible households" means:

1. In the case of rental housing units, households with incomes no higher than the lower of (a) 80 percent of median income as defined in Section 23.84A.025; or (b) the maximum level permitted for rental housing by RCW 36.70A.540 as in effect when the agreement for the housing to serve as low-income housing is executed.

2. In the case of owner occupancy housing units, households with incomes no higher than the lesser of (a) median income, as defined in Section 23.84A.025, or (b) the maximum level permitted for owner-occupied housing by RCW 36.70A.540 as in effect when the agreement for the housing to serve as low-income housing is executed.

"Landmark TDP" means TDP transferred from, or transferable from, a Landmark TDP site.

"Landmark TDP site" means a lot, in an area where the applicable provisions of the zone permit Landmark TDP to be transferred from a lot, that includes one or more structures designated wholly or in part as a landmark under Chapter 25.12 or its predecessor ordinance, if the owner of the landmark has executed and recorded an agreement acceptable in form and content to the Landmarks Preservation Board, providing for the restoration and maintenance of the historically significant features of the structure, and which lot includes no other structure that is not accessory to one or more of such structures.

Low-income housing" means a unit or units of housing affordable to and occupied by "income-eligible households," provided as a condition to bonus floor area.

"Net bonus residential floor area" means gross square footage of "housing bonus residential floor area," multiplied by an efficiency factor of 80 percent.

"Open space TDP" means TDP transferred from, or transferable from, a lot based on its status as an open space TDP site.

"Open space TDP site" means a lot, in an area where the provisions of the zone permit open space TDP to be transferred from a lot, that satisfies the applicable standards for an open space TDP site in this Chapter 23.58A and the provisions of the zone to the extent that an exception from those standards has not been granted.

"Payment option" means making a payment to the City in lieu of providing low-income housing, child care, or any amenity or feature, in order to qualify for bonus floor area.

"Performance option" means providing or committing to provide a physical facility, or a portion or feature of a project, such as low-income housing, in order to qualify for bonus floor area.

"Provisions of the zone" means one or more provisions of another chapter of this Title 23 relating to allowable floor area or height, or to the allowance of extra floor area or additional height, or to the transfer of development capacity, for the area in which the lot on which extra floor area is used or proposed is located or the location from which TDR or TDP may be transferred.

"TDP" or "transferable development potential" means base residential floor area that may be transferred from one lot to another pursuant to provisions of the zone that refer to this Chapter 23.58A, measured in square feet.

"TDP, South Downtown Historic" means TDP transferred from, or transferable from, a lot based on its status as a South Downtown Historic TDP site.

"TDP Site, South Downtown Historic" means a lot within the Pioneer Square Preservation District or the International Special Review District that satisfies the conditions to be a sending lot for South Downtown Historic TDP under Section 23.58A.018.

(Ord. 123589, § 69, 2011; Ord. No. 123209, § 58, 2009; Ord. 122882, § 1, 2008.)

23.58A.006 Permitting conditions– Incentive Plans.

A. Master Use Permit. The Master Use Permit application to establish any extra floor area under this chapter shall include a calculation of the total amount of extra floor area sought and shall identify the manner in which the conditions to such extra floor area shall be satisfied. If the applicant seeks bonus floor area under any provisions allowing the option of performance or a payment in lieu thereof, the applicant shall indicate whether it intends to pursue the payment option or the performance option, or what combination of the two options. If any performance option is to be used, the application shall include the proposed location of the affordable housing or other facilities, including the proposed location or distribution within the proposed building(s), and if not to be provided on the same lot as the development using the extra floor area, the address, legal description, dimensions and ownership of the other lot(s). The Director shall, at the time of issuance of any Master Use Permit decision approving any such extra floor area, issue a Type I decision as to the amount of extra floor area to be allowed and the conditions to such extra floor area, which decision may include alternative means to achieve extra floor area, at the applicant's option, if each alternative would be consistent with the provisions of this chapter, the applicable provisions of the zone, and any other conditions of the permit, including Design Review conditions if applicable.

B. First Building Permit. Prior to issuance, and as a condition to issuance, of the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued, the applicant shall execute and record a declaration in a form acceptable to the Director that shall commit the applicant to satisfy the conditions to establishing extra floor area as approved by the Director at the time of the Master Use Permit decision.

(Ord. 122882, § 1, 2008.)

23.58A.008 Limits on use of incentives

No extra floor area under this Chapter 23.58A shall be granted to any proposed development that would result in significant alteration to any designated feature of a Landmark structure or significant alteration to a contributing structure, as defined in Section 23.66.032, unless a Certificate of Approval for the alteration is granted by the Landmarks Preservation Board in the case of a Landmark structure, or by the Director of Neighborhoods in the case of a contributing structure.

(Ord. 123589, § 70, 2011; Ord. 122882, § 1, 2008.)

Subchapter II:
Extra residential floor area

23.58A.010 Scope of subchapter.

This subchapter II includes provisions under which applicants may gain extra residential floor area in development for which the applicable provisions of the zone expressly refer to this chapter.

(Ord. 122882, § 1, 2008.)

23.58A.012 Methods to achieve extra residential floor area

All or a percentage of the extra residential floor area on a lot shall be housing bonus residential floor area pursuant to Section 23.58A.014. Unless otherwise expressly provided in the provisions of the zone:

A. If the maximum height limit for residential use is 85 feet or lower, all extra residential floor area shall be housing bonus residential floor area.

B. If the maximum height limit for residential use is higher than 85 feet, the applicant shall use housing bonus residential floor area to achieve at least 60 percent of the total extra residential floor area on the lot, and, to the extent permitted under the provisions of the zone or this subchapter II of Chapter 23.58A, may use other bonus residential floor area pursuant to Section 23.58A.016 or transfer of residential development potential pursuant to Section 23.58A.018, or both, for the balance of the extra residential floor area.

(Ord. 123589, § 71, 2011; Ord. 122882, § 1, 2008.)

23.58A.013 Affordable housing incentive programs: purpose and findings.

A. Purpose; Scope of provisions; State Law Controlling. The provisions of this subchapter 23.58A related to housing bonus residential floor area are intended to implement affordable housing incentive programs authorized by RCW 36.70A.540, as it may be amended. In case of any irreconcilable conflict between the terms of this subchapter 23.58A related to housing bonus residential floor area and the authority granted in RCW 36.70A.540, as it may be amended, the provisions of RCW 36.70A.540, as it may be amended, shall supersede and control. Unless the context otherwise clearly requires, references to RCW 36.70A.540 in this subchapter 23.58A mean that section as in effect on the date as of which the provisions of this title apply to the application for a use permit for the project using the bonus floor area.

B. Findings. Pursuant to the authority of RCW 36.70A.540, the City finds that the higher income levels specified in the definition of "income-eligible households" in Section 23.58A.004, rather than those stated in the definition of "low-income households" in RCW 36.70A.540, are needed to address local housing market conditions throughout the City.

(Ord. No. 123209, § 59, 2009; Ord. 122882, § 1, 2008.)

23.58A.014 Bonus residential floor area for affordable housing.

A. Scope; General Rule. This section applies to bonus residential floor area allowed on lots for which applicable sections of this title expressly refer to this chapter. Bonus residential floor area may be allowed when the applicant qualifies by using the performance option, the payment option, or a combination of these options, in accordance with this section and subject to the provisions of the zone. However, where the maximum allowable height under the applicable provisions of the zone is 85 feet or less, the applicant may only use the performance option.

B. Performance option.

1. An applicant using the performance option shall provide low-income housing with a gross floor area at least equal to the greatest of (a) 17.5 percent of the net bonus residential floor area obtained through the performance option, except that an applicant may elect to provide low-income housing equal to 10 percent of the net bonus residential floor area obtained through the performance option if the housing is affordable to, and restricted to occupancy by, households with incomes no higher than 50% of median income as defined by Section 23.84A.025; or (b) 300 net residential square feet; or (c) any minimum floor area specified in the provisions of the zone. The percentage of net bonus residential floor area obtained through the performance option to be provided as low-income housing may be reduced by the Council below 17.5 percent of the net bonus residential floor area to no less than 15 percent of the net bonus residential floor area as a Type V decision on an official land use map amendment or text amendment when the Council determines that the reduction is needed to accomplish Comprehensive Plan goals and policies or to reflect economic conditions of the area. Applicants may provide low-income housing as part of the project using extra floor area, or by providing or contributing to a low-income housing project at another location, subject to requirements in subsection 23.58A.014.B.5 of this section and approval in writing by the Director of Housing prior to issuance of the first building permit for the development using the bonus floor area.

2. Affordable housing shall serve only income-eligible households for a minimum period of 50 years from the later of the date when the agreement between the housing owner and the City, as referenced in subsection 23.58A.014.B.5, is recorded, or the date when the affordable housing becomes available for occupancy as determined by the City. For rental housing, rent shall be limited so that housing costs, including rent and basic utilities, shall not exceed 30 percent of the income limit for the unit under this section, all as determined by the Director of Housing, for a minimum period of 50 years. For owner-occupied housing, the initial sale price shall not exceed an amount determined by the Director of Housing to be consistent with affordable housing for an income-eligible household with the average family size expected to occupy the unit based on the number of bedrooms, and the units shall be subject to recorded instruments satisfactory to the Director of Housing providing for sales prices on any resale consistent with affordability on the same basis for at least 50 years.

3. Affordable housing shall be provided in a range of sizes consistent with RCW 36.70A.540. The affordable housing shall comply with all requirements of RCW 36.70A.540.

4. If the affordable housing is developed within the project using the bonus floor area:

a. The affordable housing must serve income-eligible households for the minimum time period referred to in this section.

b. The affordable housing shall be completed and ready for occupancy at or before the time when a certificate of occupancy is issued for any other units in the project using the bonus residential floor area, and as a condition to any right of the applicant to such a certificate of occupancy.

5. If the affordable housing is not being developed within the project using the bonus residential floor area:

a. Proposals for affordable housing at a location other than within the project using the bonus floor area are subject to approval by the Director of Housing. Approval requires a determination by the Director of Housing that the affordable housing will (1) be located within the same neighborhood where the development using the bonus residential floor area is located, except as otherwise provided in subsection 23.58A.014.B.5.b; (2) provide a public benefit; and (3) be more affordable than market rents or sale prices, as applicable, for housing in the neighborhood in which the affordable housing is located.

b. If the applicant demonstrates to the satisfaction of the Director of Housing that it is infeasible for the off-site affordable housing to be located within the same neighborhood where the development using the bonus residential floor area is located, then (1) the Director of Housing may allow the affordable housing to be provided elsewhere within the Seattle city limits, which is deemed within the general area of the development using the bonus residential floor area in accordance with RCW 36.70A.540, provided that the affordable housing is within 0.5 mile of a light rail or bus rapid transit station, or (2) if the applicant demonstrates that providing the affordable housing in such a location is also infeasible, then the Director of Housing may allow the affordable housing to be provided within .25 mile of a bus or streetcar stop.

c. The affordable housing must serve income-eligible households for the minimum time period referred to in this section pursuant to an agreement between the housing owner and the City.

d. The agreement required by subsection 23.58A.014.B.5.c must be executed and recorded prior to issuance, and as a condition to issuance, of the first building permit for the project using the bonus residential floor area, and in any event before any permit for any construction activity other than excavation and shoring is issued.

e. The applicant shall provide to the City an irrevocable letter of credit, or other sufficient security approved by the Director of Housing, prior to and as a condition of issuance of the first building permit, other than for grading and shoring, for the project using the bonus residential floor area, unless completion of the affordable housing has already been documented to the satisfaction of the Director of Housing and the affordable housing is subject to recorded restrictions satisfactory to the Director of Housing. The letter of credit or other security shall be in an amount equal to the Payment Option amount calculated according to provisions in subsection 23.58A.014.C, plus an amount equal to interest on such payment, at the rate equal to the prime rate quoted by Bank of America or its successor at the time the letter of credit or other security is provided, plus 3 percent per annum, from the date of issuance of the first building permit, other than for excavation and shoring, for the project using the bonus residential floor area. The letter of credit or other security shall be on terms such that when a certificate of occupancy is issued for the project using the bonus residential floor area, or on any earlier date 30 days before the letter of credit or other security will expire, if the required quantity of affordable housing is not completed and ready for occupancy or the affordable housing is not all subject to a recorded agreement sufficient to satisfy the terms of this Section 23.58A.014, the City shall have a right to draw on the letter of credit or other security. If and when the City becomes entitled to realize on any such security, the Director of Housing shall take appropriate steps to collect the amount calculated pursuant to the Payment Option provisions in subsection 23.58A.014.C of this section (after allowing credit for any affordable housing then provided and accepted by the Director of Housing), with interest for the period and at the rate determined pursuant to this subsection, and the amounts realized, net of any costs to the City, shall be used in the same manner as cash payments for housing made under this section. To the extent the City receives payment through a letter of credit or other security, the obligation of the applicant to provide affordable housing will be deemed satisfied and the applicant shall be deemed to have elected the payment option. The applicant shall not be entitled to any refund based on later completion of affordable housing.

f. If the Director of Housing certifies to the Director that either (1) the applicant has provided the City with a letter of credit or other sufficient security pursuant to subsection 23.58A.014.B.5.e; or (2) there have been recorded one or more agreements or instruments satisfactory to the Director of Housing providing for occupancy and affordability restrictions on affordable housing with the minimum floor area determined under this Section 23.58A.014, all affordable housing have been completed, and the affordable housing is on a different lot from the bonus residential floor area or are in one or more condominium units separate from the bonus residential floor area under condominium documents acceptable to the Director of Housing, then any failure of the affordable housing to satisfy the requirements of subsection 23.58A.014.B shall not affect the right to maintain or occupy the bonus residential floor area.

g. Unless and until the Director of Housing shall certify as set forth in clause (1) or (2) of subsection 23.58A.014.B.5.f, it shall be a continuing permit condition, whether or not expressly stated, for each project obtaining bonus residential floor area based on the provision of housing to which this section applies, that the affordable housing shall be maintained in compliance with the terms of this Section 23.58A.014 and any applicable provisions of the zone, as documented to the satisfaction of the Director of Housing.

6. No subsidies for bonused housing; Exception.

a. The Director of Housing may require, as a condition of any bonus residential floor area under the performance option, that the owner of the lot upon which the affordable housing is located agree not to seek or accept any subsidies, including without limitation those items referred to subsection 23.58A.014.B.6.b.1, related to housing, except for any subsidies that may be allowed by the Director of Housing under subsection 23.58A.014.B.6.d. The Director may require that such agreement provide for the payment to the City, for deposit in an appropriate subfund or account, of the value of any subsidies received in excess of any amounts allowed by such agreement.

b. In general, and except as may be otherwise required by applicable federal or state law, no bonus residential floor area may be earned by providing housing if:

1) Any person is receiving or will receive with respect to the housing any charitable contributions or public subsidies for housing development or operation, including, but not limited to, tax exempt bond financing, tax credits, federal loans or grants, City of Seattle housing loans or grants, county housing funds, and State of Washington housing funds; or

2) The housing is or would be, independent of the requirements for the bonus residential floor area, subject to any restrictions on the income of occupants, rents or sale prices.

c. For the purpose of this subsection 23.58A.014.B.6, the qualification for and use of property tax exemptions pursuant to Chapter 5.73 SMC, or any other program implemented pursuant to Chapter 84.14 RCW, does not constitute a subsidy, and any related conditions regarding incomes, rent or sale prices do not constitute restrictions.

d. As an exception to the restriction on subsidies, the Director of Housing may allow the building or buildings in which the affordable housing is located to be financed in part with subsidies based on the determination that (1) the total amount of affordable housing is at least 300 net residential square feet greater than the amount otherwise required through the performance option under this section; (2) the public benefit of the affordable housing net of any subsidies, as measured through an economic analysis, exceeds the amount of the payment-in-lieu that would otherwise be paid; and (3) the subsidies being allowed would not be sufficient to leverage private funds for production of the affordable housing, under restrictions as required for the performance option, without additional City subsidy in an amount greater than the payment-in-lieu amount that would otherwise be paid.

7. The Director of Housing is authorized to accept and execute agreements and instruments to implement this Section 23.58A.014. Issuance of the certificate of occupancy for the project using the bonus residential floor area may be conditioned on such agreements and instruments.

8. The housing owner, in the case of rental housing, shall provide annual reports and pay an annual monitoring fee to the Office of Housing for each affordable housing unit, as specified under Chapter 22.900G. In the case of affordable housing for owner-occupancy, the applicant shall pay an initial monitoring fee to the Office of Housing as specified under Chapter 22.900G, and the recorded resale restrictions shall include a provision requiring payment to the City, on any sale or other transfer of a unit after the initial sale, of a fee in the amount of $500, to be adjusted in proportion to changes in the consumer price index from 2008 to the year in which the sale or transfer is made, for the review and processing of documents to determine compliance with income and affordability restrictions.

C. Payment option. The payment option is available only where the maximum height for residential use under the provisions of the zone is more than 85 feet and only if the Director determines that the payment achieves a result equal to or better than providing the affordable housing on-site and the payment does not exceed the approximate cost of developing the same number and quality of housing units that would otherwise be developed.

1. Amount of payments. In lieu of all or part of the performance option, an applicant may pay to the City $18.94 per square foot of net bonus residential floor area.

2. Timing of payments. Cash payments shall be made prior to issuance, and as a condition to issuance, of any building permit after the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued, unless the applicant elects in writing to defer payment. If the applicant elects to defer payment, then the issuance of any certificate of occupancy for the project shall be conditioned upon payment of the full amount of the cash payment determined under this Section 23.58A.014, plus an interest factor equal to that amount multiplied by the increase, if any, in the Consumer Price Index, All Urban Consumers, West Region, All Items, 1982-84=100, as published monthly, from the last month prior to the date when payment would have been required if deferred payment had not been elected, to the last month for which data are available at the time of payment. If the index specified in this subsection 23.58A.014.C.2 is not available for any reason, the Director shall select a substitute cost of living index. In no case shall the interest factor be less than zero.

3. Deposit and use of payments. Payments in lieu of affordable housing shall be deposited in a special account established solely to support the development of low-income housing as defined in this chapter. Earnings on balances in the special account shall accrue to that account. The Director of Housing shall use cash payments and any earnings thereon to support the development of low-income housing in any manner now or hereafter permitted by RCW 36.70A.540, including renter or owner housing for income-eligible households. Uses of funds may include the City's costs to administer projects, not to exceed 10 percent of the payments into the special account. Affordable housing funded wholly or in part with cash payments shall be located within eligible areas within the Seattle city limits, which is deemed the general area of the development using the bonus residential floor area in accordance with RCW 36.70A.540. Eligible areas shall be prioritized in the following order: (1) within the same neighborhoods where the developments using the bonus residential floor area are located; (2) within 0.5 mile of light rail or bus rapid transit stations; and (3) within 0.25 mile of a bus or streetcar stop.

D. If a rental housing building on a lot contained four or more dwelling units that were occupied and demolished on the site of the new project within 18 months prior to a Master Use Permit application to establish bonus residential floor area on the lot, the amount of low-income housing to be provided under subsection B1 of this Section is increased by the gross square footage of any units within the building that were rented to tenants who received a tenant relocation assistance payment under Chapter 22.210, and the additional low-income housing is subject to the following requirements:

1. For the first 50 calendar years of operation, the low-income housing shall be affordable to households with incomes at or below 50 percent of median income as defined by Section 23.84A.025.

2. A cash payment in lieu of the additional low-income housing is not permitted.

3. If the additional low-income housing is not being provided in the project using the bonus residential floor area, the additional low-income housing units shall be completed, and a certificate of occupancy shall be issued, within three years from the time when a certificate of occupancy is issued for any units in the project seeking bonus residential floor area, except that the Director may extend the time for completion if Director finds that:

(a) The failure to complete the low-income housing is due to circumstances beyond the applicant's control;

(b) The applicant has been acting and may reasonably be expected to continue to act in good faith and with due diligence; and

(c) The low-income housing will be completed within a reasonable time.

E. The Director and the Housing Director are authorized jointly to adopt rules to interpret and implement the provisions of this section.

(Ord. No. 123209, § 60, 2009; Ord. 122882, § 1, 2008.)

23.58A.016 Bonus residential floor area for amenities

A. Findings. The City Council finds that:

1. Amenities, including public open space, are an important aspect of livability in areas targeted in the Comprehensive Plan for concentrated housing and employment growth. To address this need, the Comprehensive Plan establishes goals for the amount and distribution of open space. These goals are consistent with national standards developed to assist communities with planning to provide adequate open space serving specified population needs.

2. Projects that add density will increase demand for public open space. If additional public open space is voluntarily provided to offset additional demand, the impacts on available open space resources will be mitigated.

3. The average amount of public open space, including breathing room open space, needed to accommodate residential development is at least 0.14 square feet of open space per gross square foot of residential floor area in a project.

B. Voluntary agreements for amenities. Where expressly permitted by the provisions of the zone, an applicant may achieve bonus residential floor area in part through a voluntary agreement for provision of amenities to mitigate impacts of the project, subject to the limits in this chapter.

1. Amenities that may be provided for bonus residential floor area include:

a. neighborhood open space,

b. green street setbacks on lots abutting designated green streets,

c. mid-block corridor, and

d. residential hillside terrace.

2. The amenities listed in subsection 23.58A.016.B.1 are referred to as "open space amenities" in this Section 23.58A.016. Mitigation of impacts identified in subsection 23.58A.016.A above may be achieved by the performance option, by the payment option, or by a combination of the performance and payment options.

C. Performance option.

1. General provisions.

a. An applicant electing to use the performance option shall provide the amenity on the same lot as the development using the bonus floor area, except to the extent a combined lot development is expressly permitted by the provisions of the zone. The maximum area of any amenity or combination of amenities provided on a lot eligible for a bonus is established in this subsection 23.58A.016.C and may be further limited by Section 23.58A.012 or the provisions of the zone. Open space amenities must meet the standards of this subsection 23.58A.016.C in order to qualify for bonus residential floor area, except as may be authorized by the Director under subsection 23.58A.016.C.4. An open space amenity may also qualify as a required residential amenity to the extent permitted by the provisions of the zone.

b. Amenities in Downtown zones in South Downtown.

1) In Downtown zones in South Downtown, in order to qualify for bonus residential floor area, amenity features must satisfy the eligibility conditions of the Downtown Amenity Standards, except as provided in subsection C.1.b.2), and shall be consistent with the guidelines of the Downtown Amenity Standards.

2) The Director may allow departures from the eligibility conditions of the Downtown Amenity Standards as a Type I decision, if the applicant demonstrates that the amenity better achieves the intent of the Downtown Amenity Standards for that amenity feature, and that the departure is consistent with any applicable criteria for allowing the particular type of departure in the Downtown Amenity Standards.

3) The Director may condition the approval of an amenity as provided in the Downtown Amenity Standards.

2. Maximum open space amenity for bonus. Unless otherwise specified in the provisions of the zone, the amount of open space amenity for which bonus residential floor area may be allowed shall not exceed the lesser of the amount required to mitigate the impact created by the total bonus residential floor area in the project, or 15,000 square feet. For purposes of this Section 23.58A.016, the amount of open space required to mitigate that impact is 0.14 square feet of open space amenity per square foot of bonus residential floor area, unless the Director determines, as a Type I decision, that a different ratio applies based on consideration of one or both of the following:

a. the overall number or density of people anticipated to use or occupy the structure(s) in which bonus residential floor area will be located, in relation to the total floor area of the structure(s), is different from the density level of approximately 1.32 persons per 1,000 gross square feet, which was used to establish the ratio in subsection 23.58A.016.C, such that a different amount of open space is needed to mitigate the project impacts;

b. characteristics or features of the project mitigate the impacts that the anticipated population using or occupying the structure(s) in which bonus residential floor area will be located would otherwise have on open space needs.

3. Bonus Ratio. Neighborhood amenities may be used to gain bonus residential floor area according to the following ratios and subject to the limits of this Section 23.58A.016:

a. For a neighborhood open space, 7 square feet of bonus residential floor area per 1 square foot of qualifying neighborhood open space area (7:1).

b. For a green street setback, 5 square feet of bonus residential floor area per 1 square foot of qualifying green street setback area (5:1).

c. For a mid-block corridor, 7 square feet of bonus residential floor area per 1 square foot of qualifying mid-block corridor area (7:1).

d. For a residential hillside terrace, 5 square feet of bonus residential floor area per 1 square foot of qualifying residential hillside terrace area (5:1).

4. Standards for open space amenities. The following standards apply to all open space amenities identified in this subsection 23.58A.016.C.4 except as otherwise specifically stated in this subsection 23.58A.016.C.4 or in the provisions of the zone.

a. Public Access.

1) Public access for open space amenities in Downtown zones is regulated pursuant to subsection 23.58A.016.C.1.b.

2) Open space amenities not in Downtown zones must be open to the public, without charge, each day of the year for a minimum of ten hours each day for a neighborhood open space and 24 hours each day of the year for a green street setback. The hours of public access identified above shall be during daylight hours, unless there are insufficient daylight hours, in which case the open space shall also be open during nighttime hours for the balance of the hours the open space is to remain open. Public access may be limited temporarily during hours that are otherwise required to be open to the public for necessary maintenance or for reasons of public safety.

3) Within the open space, property owners, tenants and their agents shall allow members of the public to engage in activities allowed in the public sidewalk environment, except that those activities that would require a street use permit if conducted on the sidewalk may be excluded or restricted. Free speech activities such as hand billing, signature gathering, and holding signs, all without obstructing access to the space, any building, or other adjacent features, and without unreasonably interfering with the enjoyment of the space by others, shall be allowed. While engaged in allowed activities, members of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others unless the space is being closed to the general public consistent with this subsection 23.58A.016.C. No parking, storage or other use may be established on or above the surface of the open space except as provided in subsection 23.58A.016.C.4.b.6. Use by motor vehicles of open space for which bonus residential floor area is granted is not permitted. The open space shall be identified clearly with the City's public open space logo on a plaque placed at a visible location at each street entrance providing access to the amenity. The plaque shall indicate, in letters legible to passersby, the nature of the bonus amenity, its availability for general public access, and additional directional information as needed.

b. Standards for Neighborhood Open Space.

1) Neighborhood open space in Downtown zones in South Downtown are regulated pursuant to subsection 23.58A.016.C.1.b.

2) Neighborhood open space not in Downtown zones used to qualify for bonus floor area must meet the conditions in this subsection 23.58A.016.C.4.b.2), unless an exception is granted by the Director as a Type I decision, based on the Director's determination that, relative to the strict application of the standards, the exception will result in improved public access and use of the space or a better integration of the space with surrounding development.

a) The open space must be improved in compliance with the applicable provisions of this Section 23.58A.016. The open space must consist of one continuous area with a minimum of 3,000 square feet and a minimum horizontal dimension of 10 feet.

b) A minimum of 35 percent of the open space must be landscaped with grass, ground cover, bushes and/or trees.

c) Either permanent or movable seating in an amount equivalent to 1 lineal foot for every 200 square feet of open space shall be available for public use during hours of public access.

d) The open space shall be located and configured to maximize solar exposure to the space, allow easy access from streets or other abutting public spaces, including access for persons with disabilities, and allow convenient pedestrian circulation through all portions of the open space. The open space must have a minimum frontage of 30 feet at grade abutting a sidewalk, and be visible from sidewalks on at least one street.

e) The open space shall be provided at ground level, except that in order to provide level open spaces on steep lots, some separation of multiple levels may be allowed, provided they are physically and visually connected.

f) Up to 20 percent of the open space may be covered by elements accessory to public use of the open space, including: permanent, freestanding structures, such as retail kiosks, pavilions, or pedestrian shelters; structural overhangs; overhead arcades or other forms of overhead weather protection; and any other features approved by the Director that contribute to pedestrian comfort and active use of the space. The following elements within the open space area may count as open space and are not subject to the percentage coverage limit: temporary kiosks and pavilions, public art, permanent seating that is not reserved for any commercial use, exterior stairs and mechanical assists that provide access to public areas and are available for public use, and any similar features approved by the Director. Seating or tables, or both, may be provided and reserved for customers of restaurants or other uses abutting the open space, but the area reserved for customer seating shall not exceed 15 percent of the open space area or 500 square feet, whichever is less.

c. Standards for Green street setbacks.

1) Green street setbacks in Downtown zones in South Downtown are regulated pursuant to subsection 23.58A.016.C.1.b.

2) Green street setbacks not in Downtown zones shall meet the following standards:

a) Where permitted by the provisions of the zone, bonus residential floor area may be gained for green street setbacks by development on lots abutting those street segments that are listed or shown as green streets in the provisions of the zone.

b) A green street setback must be provided as a setback from a lot line abutting a designated green street. The setback must be continuous for the length of the frontage of the lot abutting the green street, and a minimum of 50 percent of the setback area eligible for a bonus shall be landscaped. The area of any driveways in the setback area is not included in the bonusable area. For area eligible for a bonus, the average setback from the abutting green street lot line shall not exceed 10 feet, with a maximum setback of 15 feet. The design of the setback area shall allow for public access, such as access to street level uses in abutting structures or access to areas for seating. The Director may grant an exception to the standards in this subsection 23.58A.016.C.4.c as a Type I decision, based on the Director's determination that the exception is consistent with a green street concept plan, if one exists, established in accordance with DR 11-2007, or a successor rule.

d. Standards for Mid-Block Corridor. Mid-block corridors used to qualify for bonus floor area in Downtown zones in South Downtown are regulated pursuant to subsection 23.58A.016.C.1.b.

e. Standards for Residential Hillside Terrace. A residential hillside terrace used to qualify for bonus floor area in Downtown zones in South Downtown are regulated pursuant to subsection 23.58A.016.C.1.b.

f. Declaration. If open space is to be provided for purposes of obtaining bonus residential floor area, the owner(s) of the lot using the bonus residential floor area, and of the lot where the open space is provided, if different, shall execute and record a declaration and voluntary agreement in a form acceptable to the Director identifying the bonus amenities; acknowledging that the right to develop and occupy a portion of the gross floor area on the lot using the bonus residential floor area is based upon the long-term provision and maintenance of the open space and that development is restricted in the open space; and committing to provide and maintain the open space.

g. Identification.

1) Amenities in Downtown zones in South Downtown shall meet the identification conditions of the Downtown Amenity Standards.

2) Open space amenities not in Downtown zones shall be identified clearly with the City's public open space logo on a plaque placed at a visible location at each street entrance providing access to the amenity. The plaque shall indicate, in letters legible to passersby, the nature of the bonus amenity, its availability for general public access, and additional directional information as needed.

h. Duration; Alteration. Except as provided for in this subsection 23.58A.016.C.4.h, the owners of the lot using the bonus residential floor area and of the lot where the open space amenity is located, if different, including all successors, shall provide and maintain the open space amenities for which bonus residential floor area is granted, in accordance with the applicable provisions of this Section 23.58A.016, for as long as the bonus residential floor area gained by the open space amenities exists. An open space amenity for which bonus residential floor area has been granted may be altered or removed only to the extent that either or both of the following occur, and alteration or removal may be further restricted by the provisions of the zone and by conditions of any applicable permit:

1) The bonus residential floor area permitted in return for the specific open space amenity is removed or converted to a use for which bonus residential floor area is not required under the provisions of the zone; or

2) An amount of bonus residential floor area equal to that allowed for the open space amenity that is to be altered or removed is provided through alternative means consistent with the provisions of the zone and provisions for allowing bonus residential floor area in this Chapter 23.58A.

D. Payment option.

1. There is no payment in lieu option for open space amenities other than neighborhood open space.

2. Payment in lieu of providing neighborhood open space.

a. In lieu of all or part of the performance option for neighborhood open space, an applicant may pay to the City an amount determined pursuant to this subsection if the Director determines, as a Type 1 decision, that the payment will contribute to public open space improvements abutting the lot or in the vicinity; that the improvements will meet the additional need for open space caused by the project and are feasible within a reasonable time; and that the applicant agrees to the specific improvements or to the general nature and location of the improvements.

b. The amount of the payment is determined by multiplying the number of square feet of land that would be provided as neighborhood open space, by the sum of an estimated land value per square foot based on recent transactions in the area and an average square foot cost for open space improvements. The dollar amount per square foot shall be determined by the Director based on any relevant information submitted by the applicant, and any other data related to land values and costs that the Director considers reliable.

c. Cash payments shall be made prior to issuance, and as a condition to issuance, of the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued.

d. Any payment in lieu of providing neighborhood open space shall be deposited in a dedicated fund or account solely to support acquisition or development of public open space within 0.25 mile of the lot using the bonus floor area, or within another area prescribed by the provisions of the zone, or at another location where the applicant and the Director agree that it will mitigate the direct impacts of the project, and the payment shall be expended within five years of receipt for such purposes.

(Ord. 123589, § 72, 2011; Ord. No. 123209, § 61, 2009.)

23.58A.018 Transfer of residential development potential

A. Scope and Applicability.

1. This Section 23.58A.018 contains rules for transfer of residential development potential to lots in areas for which other provisions of this Title 23 specifically refer to provisions of this Section 23.58A.018. The provisions of this Section 23.58A.018 are subject to the applicable provisions of the zone.

2. Whether a lot may be eligible as a TDP sending site is determined by the provisions of the zone in which the lot is located. To be eligible as a sending lot for a specific category of TDP defined in this Chapter 23.58A, the lot must satisfy the applicable conditions of this Section 23.58A.018 except to the extent otherwise expressly stated in the provisions of the zone. Whether a lot is eligible as a TDP receiving lot, and whether the lot may receive TDP from another lot, and what categories of TDP the lot may receive, are determined by the provisions of the zone. The transfer of TDP and use of TDP on any receiving lot is subject to the limits and conditions in this Chapter 23.58A, the provisions of the zone, and all other applicable provisions of this title.

B. TDP Required Before Construction. No permit after the first building permit, and in any event, no permit for any construction activity other than excavation and shoring, and no permit for occupancy of existing floor area by any use based upon TDP, will be issued for development that includes TDP until the applicant's possession of TDP is demonstrated to the satisfaction of the Director.

C. General Standards for Sending Lots.

1. TDP Calculation. The maximum amount of floor area that may be transferred is the amount by which the base residential floor area of the sending lot exceeds the sum of:

a. any nonexempt residential floor area existing on the sending lot; plus

b. any existing floor area of uses accessory to nonexempt residential uses, except to the extent that floor area is exempt from floor area limits under the provisions of the zone; plus

c. any TDP previously transferred from the sending lot.

2. Floor Area Limit After Transfer. Except as provided in subsection 23.58A.018.C.3, after TDP is transferred from a sending lot the amount of residential floor area that may then be established on the sending lot, other than floor area exempt from limits on residential floor area under the provisions of the zone, shall be equal to the base residential floor area, plus any net amount of TDP previously transferred to that lot, minus the total of (a) the existing residential floor area on the lot, plus (b) the amount of TDP transferred from the lot.

3. Sending Lot in Zone Without Base Residential FAR. If TDP are sent from a sending lot in a zone without a base residential FAR limit, the maximum residential floor area that may then be established on the sending lot shall be equal to the excess, if any, of

a. the total residential floor area that could have been built on the sending lot under the base height limit consistent with applicable development standards as determined by the Director had no TDP been transferred, less

b. the sum of

1) the existing residential floor area on the lot; plus

2) the amount of TDP that was transferred from the lot.

D. Standards for Landmark TDP Sending Lots. Landmark structures on sending lots from which Landmark TDP is transferred shall be rehabilitated and maintained as required by the Landmarks Preservation Board.

E. Standards for Open Space TDP Sites. The following standards apply unless provisions of the zone state otherwise:

1. General conditions. Open space TDP sites must meet the conditions of the subsection 23.58A.018.E.1, unless an exception is granted by the Director:

a. Each portion of the open space shall be accessible from each other portion of the open space without leaving the open space.

b. The open space shall have a minimum area of 5,000 square feet.

c. The open space shall be directly accessible from the sidewalk or another public open space, including access for persons with disabilities.

d. The open space shall be at ground level, except that in order to provide level open spaces on steep lots, some separation of multiple levels may be allowed, provided they are physically and visually connected.

e. No more than 20 percent of the open space may be occupied by any above grade structures.

f. A minimum of 35 percent of the open space must be landscaped with grass, ground cover, bushes, or trees.

g. Either permanent or movable seating in an amount equivalent to 1 lineal foot for every 200 square feet of open space shall be available for public use during hours of public access.

h. The open space shall be located and configured to maximize solar exposure to the space, allow easy access from streets or other abutting public spaces, including access for persons with disabilities, and allow convenient pedestrian circulation through all portions of the open space.

i. The lot shall be located a minimum of 0.25 mile from the closest lot approved by the Director as a separate open space TDP site, unless the lot is abutting another TDP site and is designed to integrate with the other TDP site.

j. The open space shall be open to the public, without charge, each day of the year for a minimum of ten hours each day during daylight hours, unless there are insufficient daylight hours, in which case the open space shall also be open during nighttime hours for the balance of the hours the open space is to remain open. Public access may be limited temporarily during hours that are otherwise required to be open to the public for necessary maintenance or for reasons of public safety.

k. Within the open space, property owners, tenants and their agents shall allow members of the public to engage in activities allowed in the public sidewalk environment, except that those activities that would require a street use permit if conducted on the sidewalk may be excluded or restricted. Free speech activities such as hand billing, signature gathering, and holding signs, all without obstructing access to the space, any building, or other adjacent features, and without unreasonably interfering with the enjoyment of the space by others, shall be allowed. While engaged in allowed activities, members of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others unless the space is being closed to the general public consistent with this subsection 23.58A.018.E.1.k.

l. The open space shall be identified clearly with the City's public open space logo on a plaque placed at a visible location at each street entrance providing access to the amenity. The plaque shall indicate, in letters legible to passersby, the nature of the bonus amenity, its availability for general public access, and additional directional information as needed.

m. Unless the open space will be in public ownership, the applicant shall make adequate provision to ensure the permanent maintenance of the open space.

2. Special exception for open space TDP sites. The Director may grant, or grant with conditions, an exception to the standards for open space TDP sites in this subsection 23.58A.018.E and any applicable Director's Rule(s), as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permit and Council Land Use Decisions. In determining whether to grant, grant with conditions, or deny a request for special exception under this subsection 23.58A.018.E.2, the Director shall consider:

a. the extent to which the exception would result in an open space TDP site that better meets the intent of the provisions of this subsection 23.58A.018.E; and

b. the extent to which the exception would allow the design of the open space to take advantage of unusual site characteristics or conditions in the surrounding area, such as views and relationship to surroundings.

3. After any TDP is transferred from an open space TDP site, lot coverage by structures shall be permanently limited to 20 percent, or any greater amount that was allowed as a special exception prior to the transfer, and no development shall be permitted that would be inconsistent with the standards under which it was approved as an open space TDP sending site.

F. Standards and Limits for TDP Sending Lots in South Downtown. This subsection 23.58A.018.F applies to TDP sending lots in South Downtown, in addition to the general provisions in this Section 23.58A.018.

1. Limit on Open Space TDP. The maximum amount of open space TDP that may be transferred from a sending lot is the amount by which three times the lot area exceeds the total gross floor area of all uses on the lot.

2. South Downtown Historic TDP.

a. Only lots in the Pioneer Square Preservation District or the International Special Review District may qualify as sending lots for South Downtown Historic TDP.

b. In order to be eligible to send South Downtown Historic TDP, a lot must contain a structure that includes at least 5,000 gross square feet in above-grade floor area and has been finally determined to be a contributing structure under Section 23.66.032 within no more than three years prior to the recording of the deed conveying the TDP from the sending lot.

c. Contributing structures on a sending lot from which South Downtown Historic TDP are transferred shall be rehabilitated and maintained in accordance with an agreement pursuant to subsection 23.58A.018.I.3.

d. South Downtown Historic TDP shall not be transferred from a lot from which South Downtown Historic TDR have been transferred or from a lot on which any bonus floor area has been established based on the presence of a contributing structure.

3. Limit on Combined TDR and TDP. A cumulative combination of TDR and TDP exceeding a total of six times the lot area may not be transferred from any lot.

G. Time of Determination of TDP Eligible for Transfer. The eligibility of a sending lot to transfer TDP, and the amount transferable from a sending lot, shall be determined as of the date of transfer from the sending lot and shall not be affected by the date of any application, permit decision or other action for any project seeking to use the TDP.

H. Reservation in Deed. Any TDP eligible for transfer may instead be reserved in the conveyance of title to an eligible sending lot, by the express terms of the deed or other instrument of conveyance reserving a specified amount of TDP, provided that an instrument acceptable to the Director is recorded binding the lot to the terms and conditions for eligibility to send TDP under this Section 23.58A.018. Any TDP so reserved shall be considered transferred from that lot and later may be conveyed by deed without participation of the owner of the lot.

I. TDP Deeds and Agreements.

1. The fee owners of the sending lot shall execute a deed, and shall obtain the release of the TDP from all liens of record and the written consent of all holders of encumbrances on the sending lot other than easements and restrictions, unless the requirement for a release or consent is waived by the Director for good cause. The deed shall be recorded in the King County real property records. If TDP is conveyed to the owner of a receiving lot described in the deed, then unless otherwise expressly stated in the deed or any subsequent instrument conveying the lot or the TDP, the TDP shall pass with the receiving lot whether or not a structure using the TDP shall have been permitted or built prior to any conveyance of the receiving lot. Any subsequent conveyance of TDP previously conveyed to a receiving lot shall require the written consent of all parties holding any interest in or lien on the receiving lot from which the conveyance is made. If the TDP is transferred other than directly from the sending lot to the receiving lot using the TDP, then after the initial transfer, all subsequent transfers also shall be by deed, duly executed, acknowledged and recorded, each referring by King County recording number to the prior deed.

2. Any person may purchase any TDP that is eligible for transfer by complying with the applicable provisions of this Section 23.58A.018, whether or not the purchaser is then an applicant for a permit to develop real property or is the owner of any potential receiving lot. Any purchaser of the TDP (including any successor or assignee) may use the TDP to obtain floor area above the applicable base height limit or base floor area limit on a receiving lot to the extent that use of TDP is permitted under the Land Use Code provisions applicable with respect to the issuance of permits for development of the project intended to use the TDP. The Director may require, as a condition of processing any permit application using TDP or for the release of any security posted in lieu of a deed for TDP to the receiving lot, that the owner of the receiving lot demonstrate that the TDP has been validly transferred of record to the receiving lot, and that the owner has recorded in the real estate records a notice of the filing of such permit application, stating that the TDP is not available for retransfer.

3. As a condition to the effective transfer of Landmark TDP or South Downtown Historic TDP, except from a City-owned sending lot, the fee owner of the sending lot shall execute and record an agreement running with the land, in form and content acceptable to, and accepted in writing by, the Director of Neighborhoods, providing for the rehabilitation and maintenance of the historically significant or other relevant features of the structure or structures on the lot and acknowledging the restrictions on future development resulting from the transfer. The Director may require evidence that each holder of a lien has effectively subordinated the lien to the terms of the agreement, and that any holders of interests in the property have agreed to its terms. To the extent that a Landmark structure on the sending lot, or a contributing structure on a sending lot in a special review district, the presence of which is a condition to eligibility to transfer TDP under the provisions of the zone, requires restoration or rehabilitation for the long-term preservation of the structure or its historically or architecturally significant features, the Director of Neighborhoods may require, as a condition to acceptance of the necessary agreement, that the owner of the sending site apply for and obtain a certificate of approval from the Landmarks Preservation Board, or from the Director of Neighborhoods after review by the Pioneer Square Preservation Board or International Special Review District Board, as applicable, for the necessary work, or post security satisfactory to the Director of Neighborhoods for the completion of the restoration or rehabilitation, or both.

(Ord. 123589, § 73, 2011; Ord. No. 123209, § 62, 2009.)

Subchapter III
Extra Nonresidential Floor Area

23.58A.020 Scope of subchapter

This subchapter III includes provisions under which applicants may gain extra nonresidential floor area in development for which the applicable provisions of the zone expressly refer to this Chapter 23.58A.

(Ord. 123589, § 74, 2011.)

23.58A.022 Methods to achieve extra nonresidential floor area

A. All or a percentage of the extra nonresidential floor area on a lot shall be housing and child care bonus nonresidential floor area pursuant to Section 23.58A.024, or housing TDR, or a combination of the foregoing unless otherwise expressly provided in the provisions of the zone.

B. If the maximum height limit for nonresidential use is 85 feet or less, all extra nonresidential floor area shall be housing and child care bonus nonresidential floor area, or housing TDR, or any combination thereof.

C. If the maximum height limit for nonresidential use is greater than 85 feet, the applicant shall use housing and child care bonus nonresidential floor area pursuant to Section 23.58A.024, or housing TDR, or any combination thereof, to achieve 75 percent of total extra nonresidential floor area on the lot, and, to the extent permitted under the provisions of the zone and this subchapter, shall use other bonus nonresidential floor area or TDR or both, for the balance of the extra nonresidential floor area.

(Ord. 123589, § 74, 2011.)

23.58A.023 Affordable housing incentive programs: purpose and findings

A. Purpose; Scope of Provisions; State Law Controlling. The provisions of this Chapter 23.58A related to housing and child care bonus nonresidential floor area, except to the extent they relate to child care, are intended to implement affordable housing incentive programs authorized by RCW 36.70A.540, as it may be amended. In case of any irreconcilable conflict between the terms of this Chapter 23.58A related to the housing bonus and child care bonus nonresidential floor area, except to the extent they relate to child care, and the authority granted in RCW 36.70A.540, as it may be amended, the provisions of RCW 36.70A.540, as it may be amended, shall supersede and control. Unless the context otherwise clearly requires, references to RCW 36.70A.540 in this subchapter mean that section as in effect on the date as of which the provisions of this title apply to the application for a use permit for the project using the bonus floor area.

B. Findings. Pursuant to the authority of RCW 36.70A.540, the City finds that the higher income levels specified in the definition of "income-eligible households" in Section 23.58A.004, rather than those stated in the definition of "low-income households" in RCW 36.70A.540, are needed to address local housing market conditions throughout the city for purposes of affordable housing incentive programs implemented through this subchapter.

(Ord. 123589, § 74, 2011.)

23.58A.024 Bonus nonresidential floor area for low-income housing and child care

A. Scope; General Rule. This Section 23.58A.024 applies to bonus nonresidential floor area allowed on lots for which applicable sections of this Title 23 expressly refer to this Chapter 23.58A. Bonus nonresidential floor area may be allowed if the applicant qualifies by using the performance option, the payment option, or a combination of these options, in accordance with this Section 23.58A.024 and subject to the provisions of the zone.

B. Performance Option.

1. Housing.

a. An applicant using the housing performance option shall provide housing serving income-eligible households in an amount equal to 15.6 percent of gross bonus nonresidential floor area obtained under the performance option pursuant to this Section 23.58A.024.

b. An applicant may provide low-income housing as part of the project using extra floor area or by providing or contributing to a low-income housing project at another location, subject to the requirements in subsection 23.58A.024.B.1.e and subject to approval of the low-income housing project in writing by the Director of Housing prior to issuance of the first building permit for the development using the bonus nonresidential floor area.

c. The low-income housing shall serve only income-eligible households for a minimum period of 50 years from the later of the date when the agreement between the housing owner and the City, as required by subsection 23.58A.024.B.1.e.3 and described in subsection 23.58A.024.B.1.e, if applicable, is recorded, or the date when the low-income housing becomes available for occupancy as determined by the City. For rental housing, rent shall be limited so that housing costs, including rent and basic utilities, shall not exceed 30 percent of the income limit for income-eligible households, all as determined by the Director of Housing, for a minimum period of 50 years. For owner-occupied housing, the initial sale price shall not exceed an amount determined by the Director of Housing to be consistent with low-income housing for an income-eligible household with the average family size expected to occupy the unit based on the number of bedrooms, and the units shall be subject to recorded instruments satisfactory to the Director of Housing providing for sales prices on any resale consistent with affordability on the same basis for at least 50 years. The low-income housing shall be provided in a range of sizes consistent with RCW 36.70A.540 and shall comply with all requirements of RCW 36.70A.540.

d. If the low-income housing is developed within the project using the bonus floor area:

1) The low-income housing must serve income-eligible households for the minimum time period referred to in this Section 23.58A.024.

2) The low-income housing shall be completed and ready for occupancy at or before the time when a certificate of occupancy is issued for any chargeable floor area in the project using the bonus nonresidential floor area, and as a condition to any right of the applicant to such a certificate of occupancy.

e. If the low-income housing is not being developed within the project using the bonus nonresidential floor area:

1) Proposals for low-income housing are subject to approval by the Director of Housing. Approval requires a determination by the Director of Housing that the low-income housing will (a) be located within the same neighborhood where the project using the bonus nonresidential floor area is located, except as otherwise provided in subsection 23.58A.024.B.1.e.2; (b) provide a public benefit; and (c) be more affordable than market rents or sale prices, as applicable, for housing in the neighborhood in which the low-income housing is located.

2) If the applicant demonstrates to the satisfaction of the Director of Housing that it is infeasible for the off-site low-income housing to be located within the same neighborhood where the development using the bonus nonresidential floor area is located, then (a) the Director of Housing may allow the low-income housing to be provided elsewhere within the Seattle city limits, which is deemed the general area of the development using the bonus nonresidential floor area in accordance with RCW 36.70A.540, provided that the low-income housing is within 0.5 mile of a light rail or bus rapid transit station on a route serving the neighborhood where the development using the bonus nonresidential floor area is located, or (b) if the applicant demonstrates that providing the low-income housing in such a location is also infeasible, then the Director of Housing may allow the low-income housing to be provided in the city within 0.25 mile of a bus or streetcar stop.

3) The low-income housing must be committed to serve income-eligible households for the minimum time period referred to in this Section 23.58A.024 pursuant to an agreement between the housing owner and the City, and any agreements with other parties that the Director of Housing finds necessary.

4) The agreement required by subsection 23.58A.024.B.1.e.3 must be executed and recorded prior to issuance, and as a condition to issuance, of the first building permit for the project using the bonus nonresidential floor area, and in any event before any permit for any construction activity other than excavation and shoring is issued.

5) The applicant shall provide to the City an irrevocable letter of credit, or other sufficient security approved by the Director of Housing, prior to and as a condition of issuance of the first building permit, other than for grading and shoring, for the project using the bonus nonresidential floor area, unless completion of the low-income housing has already been documented to the satisfaction of the Director of Housing and the low-income housing is subject to recorded restrictions satisfactory to the Director of Housing. The letter of credit or other security shall be in an amount equal to the payment option amount calculated according to provisions in subsection 23.58A.024.C, plus an amount equal to interest on such amount, at the rate equal to the prime rate quoted by Bank of America or its successor at the time the letter of credit or other security is provided, plus three percent per annum, from the date of issuance of the first building permit, other than for excavation and shoring, for the project using the bonus nonresidential floor area. The letter of credit or other security shall be on terms such that when a certificate of occupancy is issued for the project using the bonus nonresidential floor area, or on any earlier date 30 days before the letter of credit or other security will expire, if the required quantity of low-income housing is not completed and ready for occupancy or the low-income housing is not all subject to a recorded agreement sufficient to satisfy the terms of this Section 23.58A.024, the City shall have a right to draw on the letter of credit or other security. If and when the City becomes entitled to realize on any such security, the Director of Housing shall take appropriate steps to collect the amount calculated pursuant to the payment option provisions in subsection 23.58A.024.C (after allowing credit for any low-income housing then provided and accepted by the Director of Housing) with interest for the period and at the rate determined pursuant to this subsection 23.58A.024.B.1.e.5, and the amounts realized, net of any costs to the City, shall be used in the same manner as cash payments for housing made under this Section 23.58A.024. To the extent the City receives payment through a letter of credit or other security, the obligation of the applicant to provide low-income housing will be deemed satisfied and the applicant shall be deemed to have elected the payment option. The applicant shall not be entitled to any refund based on later completion of low-income housing.

6) If the Director of Housing certifies to the Director that either (a) the applicant has provided the City with a letter of credit or other sufficient security pursuant to subsection 23.58A.024.B.1.e.5; or (b) there have been recorded one or more agreements or instruments satisfactory to the Director of Housing providing for occupancy and affordability restrictions on low-income housing with the minimum floor area determined under this Section 23.58A.024, all low-income housing has been completed, and the low-income housing is on a different lot from the bonus nonresidential floor area or is in one or more condominium units separate from the bonus development under condominium documents acceptable to the Director of Housing, then any failure of the low-income housing to satisfy the requirements of this subsection 23.58A.024.B.1 shall not affect the right to maintain or occupy the bonus nonresidential floor area.

7) Unless and until the Director of Housing shall certify as set forth in clause (a) or (b) of subsection 23.58A.024.B.1.e.6, it shall be a continuing permit condition, whether or not expressly stated, for each project obtaining bonus nonresidential floor area based on the provision of housing to which this Section 23.58A.024 applies, that the low-income housing shall be maintained in compliance with the terms of this Section 23.58A.024 and any applicable provisions of the zone, as documented to the satisfaction of the Director of Housing.

f. No subsidies for bonused housing; Exception.

1) The Director of Housing may require, as a condition of any bonus nonresidential floor area under the performance option, that the owner of the lot upon which the low-income housing is located agree not to seek or accept any subsidies, including without limitation those items referred to subsection 23.58A.024.B.1.f.2, related to housing, except for any subsidies that may be allowed by the Director of Housing under that subsection 23.58A.024.B.1.f.2. The Director may require that such agreement provide for the payment to the City, for deposit in an appropriate subfund or account, of the value of any subsidies received in excess of any amounts allowed by such agreement.

2) In general, and except as may be otherwise required by applicable federal or state law, no bonus nonresidential floor area may be earned by providing housing if:

a) Any person is receiving or will receive with respect to the housing any charitable contributions or public subsidies for housing development or operation, including, but not limited to, tax exempt bond financing, tax credits, federal loans or grants, City of Seattle housing loans or grants, county housing funds, and State of Washington housing funds; or

b) The housing is or would be, independent of the requirements for the bonus nonresidential floor area, subject to any restrictions on the income of occupants, rents or sale prices.

3) For the purpose of this subsection 23.58A.024.B.1.f, the qualification for and use of property tax exemptions pursuant to SMC Chapter 5.73, or any other program implemented pursuant to RCW Chapter 84.14, does not constitute a subsidy, and any related conditions regarding incomes, rent or sale prices do not constitute restrictions.

4) As an exception to the restriction on subsidies, the Director of Housing may allow the building or buildings in which the low-income housing is located to be financed in part with subsidies based on the determination that (a) the total amount of low-income housing is at least 300 net residential square feet greater than the amount otherwise required through the performance option under this section; (b) the public benefit of the low-income housing net of any subsidies, as measured through an economic analysis, exceeds the amount of the payment-in-lieu that would otherwise be paid; and (c) the subsidies being allowed would not be sufficient to leverage private funds for production of the low-income housing, under restrictions as required for the performance option, without additional City subsidy in an amount greater than the payment-in-lieu amount that would otherwise be paid.

g. The Director of Housing is authorized to accept and execute agreements and instruments to implement this Section 23.58A.024. Issuance of the certificate of occupancy for the project using the bonus nonresidential floor area may be conditioned on such agreements and instruments.

h. The housing owner, in the case of rental housing, shall provide annual reports and pay an annual monitoring fee to the Office of Housing for each low-income housing unit. In the case of low-income housing for owner-occupancy, the applicant shall pay an initial monitoring fee to the Office of Housing as specified under Chapter 22.900G, and the recorded resale restrictions shall include a provision requiring payment to the City, on any sale or other transfer of a unit after the initial sale, of a fee in the amount of $500, to be adjusted in proportion to changes in the consumer price index from 2008 to the year in which the sale or transfer is made, for the review and processing of documents to determine compliance with income and affordability restrictions.

2. Child Care.

a. For each square foot of nonresidential bonus floor area allowed under this Section 23.58A.024, in addition to providing housing or an alternative cash contribution pursuant to subsection 23.58A.024.B.1 or 23.58A.024.C, an applicant using the child care performance option shall provide fully improved child care facility space sufficient for 0.000127 of a child care slot. The minimum interior space in the child care facility for each child care slot shall comply with all applicable state and local regulations governing the operation of licensed childcare providers. Child care facility space shall be deemed provided only if the applicant causes the space to be newly constructed or newly placed in child care use after the submission of a permit application for the project intended to use the bonus floor area, except as provided in subsection 23.58A.024.B.2.c.6. If any contribution or subsidy in any form is made by any public entity to the acquisition, development, financing or improvement of any child care facility, then any portion of the space in such facility determined by the Human Services Director to be attributable to such contribution or subsidy shall not be considered as provided by any applicant other than that public entity.

b. Child care space shall be provided on the same lot as the project using the bonus nonresidential floor area, or on another lot within a distance of 0.25 mile of the project using the bonus nonresidential floor area.

c. Child care space shall be contained in a child care facility satisfying the following standards:

1) The child care facility and accessory exterior space must be approved for licensing by the State of Washington Department of Early Learning and any other applicable state or local governmental agencies responsible for the regulation of licensed child care providers.

2) At least 20 percent of the number of child care slots for which space is provided as a condition of bonus nonresidential floor area must be reserved for, and affordable to, families with annual incomes at or below the U.S. Department of Housing and Urban Development Low Income Standard for Section 8 Housing based on family size (or, if such standard shall no longer be published, a standard established by the Human Services Director based generally on 80 percent of the median family income of the Metropolitan Statistical Area, or division thereof, that includes Seattle, adjusted for family size). Child care slots shall be deemed to meet these conditions if they serve, and are limited to, (a) children receiving child care subsidy from the City of Seattle, King County or State Department of Early Learning, and/or (b) children whose families have annual incomes no higher than the above standard who are charged according to a sliding fee scale such that the fees paid by any family do not exceed the amount it would be charged, exclusive of subsidy, if the family were enrolled in the City of Seattle Child Care Assistance Program.

3) Child care space provided to satisfy bonus conditions shall be dedicated to child care use, consistent with the terms of this Section 23.58A.024, for 20 years. The dedication shall be established by a recorded covenant, running with the land, and enforceable by the City, signed by the owner of the lot where the child care facility is located, or the long-term lessee of the child care space under terms acceptable to the Human Services Director, and by the owner of the lot where the bonus floor area is used, if different from the lot of the child care facility. The child care facility shall be maintained in operation, with adequate staffing, at least 11 hours per day, five days per week, and 50 weeks per year.

4) Space for which a bonus is or has been allowed under any other section of this Title 23 or under former Title 24 shall not be eligible to satisfy the conditions of this section 23.58A.024.

5) Unless the applicant is the owner of the child care space and is a duly licensed and experienced child care provider approved by the Human Services Director, the applicant shall provide to such Director a signed agreement, acceptable to such Director, with a duly licensed child care provider, under which the child care provider agrees to operate the child care facility consistent with the terms of this Section 23.58A.024 and of the recorded covenant, and to provide reports and documentation to the City to demonstrate such compliance.

6) One child care facility may fulfill the conditions for a bonus for more than one project if it includes sufficient space, and provides sufficient slots affordable to limited income families, to satisfy the conditions for each such project without any space or child care slot being counted toward the conditions for more than one project. If the child care facility is located on the same lot as one of the projects using the bonus, then the owner of that lot shall be responsible for maintaining compliance with all the requirements applicable to the child care facility; otherwise responsibility for such requirements shall be allocated by agreement in such manner as the Human Services Director may approve. If a child care facility developed to qualify for bonus floor area by one applicant includes space exceeding the amount necessary for the bonus floor area used by that applicant, then to the extent that the voluntary agreement accepted by the Human Services Director from that applicant so provides, such excess space may be deemed provided by the applicant for a later project pursuant to a new voluntary agreement signed by both such applicants and by any other owner of the child care facility, and a modification of the recorded covenant, each in form and substance acceptable to such Director.

d. The Human Services Director shall review the design and proposed management plan for any child care facility proposed to qualify for bonus floor area to determine whether it will comply with the terms of this Section 23.58A.024. The allowance of bonus floor area is conditioned upon approval of the design and proposed management plan by such Director. The child care facility shall be constructed consistent with the design approved by such Director and shall be operated for the minimum 20 year term consistent with the management plan approved by such Director, in each case with only such modifications as shall be approved by such Director. If the proposed management plan includes provisions for payment of rent or occupancy costs by the provider, the management plan must include a detailed operating budget, staffing ratios, and other information requested by such Director to assess whether the child care facility may be economically feasible and able to deliver quality services.

e. The Human Services Director is authorized to accept a voluntary agreement for the provision of a child care facility to satisfy bonus conditions and related agreements and instruments consistent with this Section 23.58A.024. The voluntary agreement may provide, in case a child care facility is not maintained in continuous operation consistent with this subsection 23.58A.024.B.2 at any time within the minimum 20 year period, for the City's right to receive payment of a prorated amount of the alternative cash contribution that then would be applicable to a new project seeking bonus nonresidential floor area, with any adjustments for changes in costs that the Human Services Director may deem appropriate. The Human Services Director may require security or evidence of adequate financial responsibility, or both, as a condition to acceptance of an agreement under this subsection 23.58A.024.B.2. Review and approval of any proposed facilities, plans or other matters by the Human Services Director is in the interest of the City and the general public and not for the particular benefit of any persons or class, and shall not constitute any assurance to any person that any facility or its operations will satisfy any health, safety or other standards or criteria.

C. Payment Option.

1. Amount of payments. In lieu of all or part of the performance option for low-income housing, an applicant may provide a cash contribution to the City of $18.75 per square foot of bonus nonresidential floor area, if the Director of Housing determines that the payment achieves a result equal to or better than providing the low-income housing on-site and the payment does not exceed the approximate cost of developing the same number and quality of housing units that would otherwise be developed. In lieu of all or part of the performance option for child care, the applicant may provide a cash contribution to the City of $3.25 per square foot of bonus nonresidential floor area to be used for child care facilities, to be administered by the Human Services Department.

2. Timing of payments. Cash payments shall be made prior to issuance, and as a condition to issuance, of any building permit after the first building permit for a project, and in any event before any permit for any construction activity other than excavation and shoring is issued.

3. Deposit and use of payments. Payments in lieu of low-income housing and child care facilities shall be deposited in special accounts established solely to support the development of low-income housing and child care facilities. Earnings on balances in the special accounts shall accrue to those accounts.

a. The Director of Housing shall use cash payments in lieu of low-income housing and any earnings thereon to support the development of low-income housing in any manner now or hereafter permitted by RCW 36.70A.540, including renter or owner housing for income-eligible households. Uses of funds may include the City's costs to administer projects, not to exceed ten percent of the payments into the special accounts. Low-income housing funded wholly or in part with cash payments shall be located within eligible areas within the Seattle city limits. Eligible areas shall be prioritized in the following order: (1) within the same neighborhoods where the developments using the bonus nonresidential floor area are located; (2) within 0.5 mile of a light rail station or bus rapid transit station on a route serving the neighborhoods where the developments using the bonus nonresidential floor area are located; and (3) within 0.25 mile of a bus or streetcar stop on a route serving the neighborhoods where the developments using the bonus nonresidential floor area are located.

b. The Human Services Director shall use cash payments in lieu of child care and any earnings thereon to support the development or expansion of child care facilities within 0.5 mile of the project using the bonus nonresidential floor area, or in another location, consistent with an applicable voluntary agreement, where the child care facility addresses the additional need created by that project. Child care facilities supported with cash payments may be publicly or privately owned, and if privately owned shall be committed to long-term use as child care under such agreements or instruments as the Human Services Director shall determine are appropriate. The Human Services Director shall require that child care facilities supported with cash payments and their operators satisfy applicable licensing requirements, and may require compliance with other provisions applicable to child care facilities provided under the performance option, with such modifications as the Human Services Director deems appropriate.

4. The Director and the Director of Housing are authorized jointly to adopt rules to interpret and implement the provisions of this subsection 23.58A.024.C, in addition to rules that may be adopted by the Director of Housing independently as authorized in this Section 23.58A.024.

(Ord. 123589, § 74, 2011.)

Division 3
Overlay Districts

Chapter 23.59
GENERAL PROVISIONS

Sections:

23.59.010 Overlay district generally.

23.59.010 Overlay district generally.

A. Purpose. Overlay districts are established to conserve and enhance The City of Seattle's unique natural marine and mountain setting and its environmental and topographic features; to preserve areas of historical note or architectural merit; to accomplish City policy objectives for specific areas; to assist in the redevelopment and rehabilitation of declining areas of the City; to balance the needs of Major Institution development with the need to preserve adjacent neighborhoods; and to promote the general welfare by safeguarding such areas for the future use and enjoyment of all people.

B. Application of Regulations. Property located within an overlay district as identified on the Official Land Use Maps, Chapter 23.32, is subject both to its zone classification regulations and to additional requirements imposed for the overlay district. In any case where the provisions of the overlay district conflict with the provisions of the underlying zone, the overlay district provisions shall apply.

(Ord. 118414 § 45, 1996.)

Chapter 23.60
SHORELINE DISTRICT

Sections:

Subchapter I Purpose and Policies

23.60.002 Title and purpose.

23.60.004 Shoreline goals and policies.

Subchapter II Administration

Part 1 Compliance

23.60.010 Shoreline District established.

23.60.012 Liberal construction.

23.60.014 Regulations supplemental.

23.60.016 Inconsistent development prohibited.

23.60.018 Nonregulated actions.

23.60.020 Substantial development permit required.

23.60.022 Application when development partly out of Shoreline District.

23.60.023 Intermittent and temporary uses for light rail construction.

23.60.024 Development of lots split into two or more shoreline environments.

23.60.026 Phasing of developments.

Part 2 Criteria for Application Review

23.60.030 Criteria for substantial development permits.

23.60.032 Criteria for special use approvals.

23.60.034 Criteria for shoreline conditional use approvals.

23.60.036 Criteria for shoreline variances.

23.60.038 Criteria for Council conditional use approvals.

Part 3 Procedures

23.60.060 Procedures for shoreline environment redesignations.

23.60.062 Procedures for obtaining exemptions from substantial development permit requirements.

23.60.064 Procedures for obtaining substantial development permits, shoreline variance permits, shoreline conditional use permits and special use authorizations.

23.60.065 Procedure for limited utility extensions and bulkheads.

23.60.066 Procedure for determination of feasible or reasonable alternative locations.

23.60.068 Procedure for Council conditional use authorization.

23.60.070 Decisions to State of Washington-Review.

23.60.072 Commencement of construction.

23.60.074 Effective date of substantial development permits and time limits for permit validity.

23.60.076 Revisions to permits.

23.60.078 Rescission.

23.60.080 Fee schedule.

23.60.082 Enforcement.

Subchapter III General Provisions

Part 1 Use Standards

23.60.090 Identification of principal permitted uses.

23.60.092 Accessory uses.

Part 2 Nonconforming Uses and Structures

23.60.120 Applicability to existing development.

23.60.122 Nonconforming uses.

23.60.124 Nonconforming structures.

23.60.126 Structures in trespass.

Part 3 Development Standards

23.60.150 Applicable development standards.

23.60.152 General development.

23.60.154 Shoreline design review.

23.60.156 Parking requirements.

23.60.158 Drive-in businesses.

23.60.160 Standards for regulated public access.

23.60.162 View corridors.

Part 4 Development Standards Applicable to Specific Uses

23.60.179 Additional development standards.

23.60.180 Sign standards.

23.60.182 Dredging standards.

23.60.184 Standards for landfill and creation of dry land.

23.60.186 Standards for natural beach protection.

23.60.188 Standards for bulkheads.

23.60.190 Standards for breakwaters and jetties.

23.60.192 Standards for utility lines.

23.60.194 Standards for intakes and outfalls.

23.60.196 Floating homes.

23.60.198 Residences other than floating homes.

23.60.200 Recreational marinas.

23.60.202 Standards for yacht, boat and beach clubs.

23.60.204 Piers and floats accessory to residential development.

23.60.206 Streets.

23.60.208 Railroads and rail transit.

23.60.210 Aquatic noxious weed control.

Subchapter IV Shoreline Environments

23.60.220 Environments established.

Subchapter V The Conservancy Navigation Environment

Part 1 Uses

23.60.240 Uses permitted outright in the CN Environment.

23.60.242 Special uses in the CN Environment.

23.60.244 Conditional uses in the CN Environment.

23.60.246 Prohibited uses in the CN Environment.

23.60.248 Public facilities.

Part 2 Development Standards

23.60.270 Development standards in the CN Environment.

Subchapter VI The Conservancy Preservation Environment

Part 1 Uses

23.60.300 Uses permitted outright in the CP Environment.

23.60.302 Special uses in the CP Environment.

23.60.304 Conditional uses in the CP Environment.

23.60.306 Prohibited uses in the CP Environment.

23.60.308 Public facilities.

Part 2 Development Standards

23.60.330 Development standards in the CP Environment.

23.60.332 Natural area protection in the CP Environment.

23.60.334 Height in the CP Environment.

Subchapter VII The Conservancy Recreation Environment

Part 1 Uses

23.60.360 Uses permitted outright in the CR Environment.

23.60.362 Accessory uses permitted outright in the CR Environment.

23.60.364 Special uses in the CR Environment.

23.60.365 Administrative conditional uses in the CR Environment.

23.60.368 Prohibited uses in the CR Environment.

23.60.370 Public facilities.

Part 2 Development Standards

23.60.390 Development standards in the CR Environment.

23.60.392 Natural area protection in the CR Environment.

23.60.394 Height in the CR Environment.

23.60.396 Lot coverage in the CR Environment.

23.60.398 View corridors in the CR Environment.

23.60.400 Regulated public access in the CR Environment.

Subchapter VIII The Conservancy Management Environment

Part 1 Uses

23.60.420 Uses permitted outright on waterfront lots in the CM Environment.

23.60.422 Accessory uses permitted outright in the CM Environment.

23.60.424 Special uses permitted on waterfront lots in the CM Environment.

23.60.426 Conditional uses permitted in the CM Environment.

23.60.428 Council conditional uses in the CM Environment.

23.60.430 Prohibited principal uses on waterfront lots in the CM Environment.

23.60.432 Permitted uses on upland lots in the CM Environment.

23.60.434 Prohibited uses on upland lots in the CM Environment.

23.60.436 Public facilities.

Part 2 Development Standards

23.60.450 Development standards for the CM Environment.

23.60.452 Critical habitat protection in the CM Environment.

23.60.454 Height in the CM Environment.

23.60.456 Lot coverage in the CM Environment.

23.60.458 View corridors in the CM Environment.

23.60.460 Regulated public access in the CM Environment.

Subchapter IX The Conservancy Waterway Environment

Part 1 Uses

23.60.480 General provisions.

23.60.482 Uses permitted outright in the CW Environment.

23.60.484 Special uses in the CW Environment.

23.60.486 Conditional uses in the CW Environment.

23.60.488 Prohibited uses in the CW Environment.

23.60.490 Public facilities.

Part 2 Development Standards

23.60.510 Development standards in the CW Environment.

23.60.512 Temporary structures.

23.60.514 Height.

23.60.516 Lot coverage.

23.60.518 View corridors.

23.60.520 Public access.

Subchapter X The Urban Residential Environment

Part 1 Uses

23.60.540 Uses permitted outright on waterfront lots in the UR Environment.

23.60.542 Special uses permitted on waterfront lots in the UR Environment.

23.60.544 Prohibited uses on waterfront lots in the UR Environment.

23.60.546 Permitted uses on upland lots in the UR Environment.

23.60.548 Prohibited uses on upland lots in the UR Environment.

23.60.550 Public facilities.

Part 2 Development Standards

23.60.570 Development standards for the UR Environment.

23.60.572 Height in the UR Environment.

23.60.574 Lot coverage in the UR Environment.

23.60.576 View corridors in the UR Environment.

23.60.578 Regulated public access.

Subchapter XI The Urban Stable Environment

Part 1 Uses

23.60.600 Uses permitted outright on waterfront lots in the US Environment.

23.60.602 Special uses on waterfront lots in the US Environment.

23.60.604 Conditional uses on waterfront lots in the US Environment.

23.60.606 Prohibited uses on waterfront lots in the US Environment.

23.60.608 Permitted uses on upland lots in the US Environment.

23.60.610 Prohibited uses on upland lots in the US Environment.

23.60.612 Public facilities.

Part 2 Development Standards

23.60.630 Development standards for the US Environment.

23.60.632 Height in the US Environment.

23.60.633 Maximum size limits in the US Environment.

23.60.634 Lot coverage in the US Environment.

23.60.636 View corridors in the US Environment.

23.60.638 Regulated public access.

23.60.640 Location of uses.

23.60.642 Development between the Pierhead Line and the Construction Limit Line in the US Environment in Lake Union and Portage Bay.

Subchapter XII Urban Harborfront Environment

Part 1 Uses

23.60.660 Uses permitted outright on waterfront lots in the UH Environment.

23.60.662 Special uses permitted on waterfront lots in the UH Environment.

23.60.664 Administrative conditional uses permitted on waterfront lots in the UH Environment.

23.60.666 Council conditional uses permitted on waterfront lots in the UH Environment.

23.60.668 Prohibited uses on waterfront lots in the UH Environment.

23.60.670 Permitted uses on upland lots in the UH Environment.

23.60.672 Prohibited uses on upland lots in the UH Environment.

Part 2 Development Standards

23.60.690 Development standards for the UH Environment.

23.60.692 Height in the UH Environment.

23.60.694 Lot coverage in the UH Environment.

23.60.696 Side setbacks in the UH Environment.

23.60.698 View corridors in the UH Environment.

23.60.700 Moorage requirements in the UH Environment.

23.60.702 Regulated public access in the UH Environment.

23.60.704 Historic Character Area review criteria.

Subchapter XIII The Urban Maritime Environment

Part 1 Uses

23.60.720 Uses permitted outright on waterfront lots in the UM Environment.

23.60.722 Special uses on waterfront lots in the UM Environment.

23.60.724 Conditional uses on waterfront lots in the UM Environment.

23.60.728 Prohibited uses on waterfront lots in the UM Environment.

23.60.730 Permitted uses on upland lots in the UM Environment.

23.60.732 Prohibited uses on upland lots in the UM Environment.

23.60.734 Public facilities.

Part 2 Development Standards

23.60.750 Development standards for the UM Environment.

23.60.752 Height in the UM Environment.

23.60.754 Lot coverage in the UM Environment.

23.60.756 View corridors in the UM Environment.

23.60.758 Regulated public access in the UM Environment.

23.60.760 Development between the Pierhead Line and the Construction Limit Line in the UM Environment in Lake Union and Portage Bay.

Subchapter XIV The Urban General Environment

Part 1 Uses

23.60.780 Uses permitted outright on waterfront lots in the UG Environment.

23.60.782 Special uses permitted on waterfront lots in the UG Environment.

23.60.784 Conditional uses permitted on waterfront lots in the UG Environment.

23.60.786 Prohibited principal uses on waterfront lots in the UG Environment.

23.60.788 Permitted uses on upland lots in the UG Environment.

23.60.790 Prohibited uses on upland lots in the UG Environment.

23.60.795 Public facilities.

Part 2 Development Standards

23.60.810 Development standards for the UG Environment.

23.60.812 Height in the UG Environment.

23.60.814 Lot coverage in the UG Environment.

23.60.816 View corridors in the UG Environment.

23.60.818 Regulated public access in the UG Environment.

Subchapter XV The Urban Industrial Environment

Part 1 Uses

23.60.840 Uses permitted outright on waterfront lots in the UI Environment.

23.60.842 Special uses permitted on waterfront lots in the UI Environment.

23.60.844 Conditional uses on waterfront lots in the UI Environment.

23.60.846 Council conditional uses on waterfront lots in the UI Environment.

23.60.848 Principal uses prohibited on waterfront lots in the UI Environment.

23.60.850 Permitted uses on upland lots in the UI Environment.

23.60.852 Prohibited uses on upland lots in the UI Environment.

23.60.854 Public facilities.

Part 2 Development Standards

23.60.870 Development standards for the UI Environment.

23.60.872 Height in the UI Environment.

23.60.874 Lot coverage in the UI Environment.

23.60.876 View corridors in the UI Environment.

23.60.878 Setbacks in the UI Environment.

23.60.880 Development standards specific to water-related uses on waterfront lots in the UI Environment.

23.60.882 Regulated public access in the UI Environment.

Subchapter XVI Definitions

23.60.900 Definitions generally.

23.60.902 "A."

23.60.904 "B."

23.60.906 "C."

23.60.908 "D."

23.60.910 "E."

23.60.912 "F."

23.60.914 "G."

23.60.916 "H."

23.60.918 "I."

23.60.920 "J."

23.60.922 "K."

23.60.924 "L."

23.60.926 "M."

23.60.928 "N."

23.60.930 "O."

23.60.932 "P."

23.60.934 "R."

23.60.936 "S."

23.60.938 "T."

23.60.940 "U."

23.60.942 "V."

23.60.944 "W."

23.60.946 "Y."

Subchapter XVII Measurements

23.60.950 Measurements in the Shoreline District.

23.60.952 Height.

23.60.954 View corridors.

23.60.956 Calculation of lot depth.

23.60.958 Calculation of percent of a lot occupied by a specific use.

23.60.960 Calculation of percent of lot occupied by a water-dependent use for purposes of the water-dependent incentive in the Urban Harborfront Environment.

23.60.962 Calculation of lot width for piers accessory to residential development.

Severability:. The Seattle Shoreline Master Program is declared to be severable. If any section, subsection, paragraph, clause or other portion of any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the Seattle Shoreline Master Program. If any section, subsection, paragraph, clause or any portion is adjudged invalid or unconstitutional as applied to a particular property, use or structure, the application of such portion of the Seattle Shoreline Master Program to other property, uses or structures shall not be affected. (Ord. 113466 § 5, 1987.)

Subchapter I
Purpose and Policies

23.60.002 Title and purpose.

A. Title. This chapter shall be known as the "Seattle Shoreline Master Program."

B. Purpose. It is the purpose of this chapter to implement the policy and provisions of the Shoreline Management Act and the Shoreline Goals and Policies of the Seattle Comprehensive Plan by regulating development of the shorelines of the City in order to:

1. Protect the ecosystems of the shoreline areas;

2. Encourage water-dependent uses;

3. Provide for maximum public use and enjoyment of the shorelines of the City; and

4. Preserve, enhance and increase views of the water and access to the water.

(Ord. 118793 § 1, 1997; Ord. 118408 § 4, 1996; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.004 Shoreline goals and policies.

The Shoreline Goals and Policies are part of the Land Use Element of Seattle's Comprehensive Plan. The Shoreline Goals and Policies and the purpose and location criteria for each shoreline environment designation contained in SMC Section 23.60.220 shall be considered in making all discretionary decisions in the Shoreline District and in making discretionary decisions on lands adjacent to the shoreline where the intent of the Land Use Code is a criterion and the proposal may have an adverse impact on the Shoreline District. They shall also be considered by the Director in the promulgation of rules and interpretation decisions. The Shoreline Goals and Policies do not constitute regulations and shall not be the basis for enforcement actions.

(Ord. 118408 § 5, 1996: Ord. 113466 § 2(part), 1987.)

Subchapter II
Administration

Part 1 Compliance

23.60.010 Shoreline District established.

A. There is established the Shoreline District which shall include all shorelines of the City, the boundaries of which are illustrated on the Official Land Use Map, Chapter 23.32. In the event that any of the boundaries on the Official Land Use Map conflict with the criteria of WAC 173-22-040 as amended, the criteria shall control.

B. All property located within the Shoreline District shall be subject to both the requirements of the applicable zone classification and to the requirements imposed by this chapter except as provided in Section 23.60.014.

(Ord. 113466 § 2(part), 1987.)

23.60.012 Liberal construction.

This chapter shall be exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes of Chapter 90.58 RCW, the State Shoreline Management Act. This chapter shall not be used when construing other chapters of this title except for shoreline development or as stated in Sections 23.60.014 and 23.60.022.

(Ord. 118793 § 2, 1997: Ord. 118408 § 6, 1996: Ord. 113466 § 2(part), 1987.)

23.60.014 Regulations supplemental.

The regulations of this chapter shall be superimposed upon and modify the underlying land use zones in the Shoreline District. The regulations of this chapter supplement other regulations of this title in the following manner

A. Uses. To be permitted in the Shoreline District, a use must be permitted in both the shoreline environment and the underlying zone in which it is located.

B. Development Standards.

1. A development in the Shoreline District shall meet the development standards of the shoreline environment, any other overlay district in which it is located, as well as those of the underlying zone. In the case of irreconcilable conflicts between the regulations of the shoreline environment and the underlying zoning, the shoreline regulations shall apply, except as provided in this subsection B.

2. The height permitted in the Shoreline District shall be the lower of the heights permitted by the applicable shoreline environment and the underlying zone, except in the Urban Harborfront (UH) Environment where the shoreline height limits shall control.

3. The floor area ratio (FAR) of the underlying zone may not be exceeded, regardless of whether or not the maximum height and lot coverage permitted in the shoreline environment can be achieved.

4. Where view corridors are required in the Shoreline District, yards and/or setbacks of the underlying zoning may be reduced or waived by the Director. Where view corridors are not required by the Shoreline District, yards and/or setbacks of the underlying zoning shall be required.

5. Development standards for which there are regulations in the underlying zoning but not in this chapter shall apply to developments in the Shoreline District. Such standards include but shall not be limited to parking, open space, street-level location, facade treatments, building depth, width and modulation, and vehicular access. In the case of irreconcilable conflict between a shoreline regulation and a requirement of the underlying zoning, the shoreline regulation shall apply, unless otherwise provided in subsections B2 and B3 above.

6. Measurements in the Shoreline District shall be as regulated in this chapter, Subchapter XVII, Measurements.

7. Lake Union construction limit line.

a. Established. There is established along the shores of Lake Union and waters in the vicinity thereof in the City, a "Seattle Construction Limit Line." The Seattle Construction Limit Line, formerly designated on Exhibit "A" of SMC Section 24.82.010 which this subsection replaces, shall be superimposed upon and modify the Official Land Use Map of The City of Seattle, as established in Chapter 23.32.

b. Unlawful Construction-Exceptions. It is unlawful to erect, construct or maintain any building or structure outward from the shores of Lake Union beyond the Lake Union Construction Limit Line established in subsection 23.60.014 B7a except such buildings or structures as are expressly authorized by the laws of the United States or State of Washington; provided, any residential structure located in whole or in part outside the construction limit line prior to December 18, 1968 shall be permitted as a lawful, nonconforming structure as long as the same is not extended, expanded or structurally altered.

C. Standards applicable to environmentally critical areas as provided in Seattle Municipal Code Chapter 25.09, Regulations for Environmentally Critical Areas, shall apply in the Shoreline District. If there are any conflicts between the Seattle Shoreline Master Program and Seattle Municipal Code Chapter 25.09, the most restrictive requirements shall apply.

(Ord. 117571 § 1, 1995; Ord. 116325 § 1, 1992; Ord. 113466 § 2(part), 1987.)

23.60.016 Inconsistent development prohibited.

No development shall be undertaken and no use, including a use that is located on a vessel, shall be established in the Shoreline District unless the Director has determined that it is consistent with the policy of the Shoreline Management Act and the regulations of this chapter. This restriction shall apply even if no substantial development permit is required.

(Ord. 120866 § 1, 2003; Ord. 118793 § 3, 1997: Ord. 113466 § 2(part), 1987.)

23.60.018 Nonregulated actions.

Except as specifically provided otherwise, the regulations of this chapter shall not apply to the operation of boats, ships and other vessels designed and used for navigation; nor to the vacation and closure, removal or demolition of buildings found by the Director to be unfit for human habitation pursuant to the Seattle Housing Code;1 nor to correction of conditions found by the Director to be in violation of the minimum standards of Chapters 22.200, et seq., of the Seattle Housing Code; nor to the demolition of a structure pursuant to an ordinance declaring it to be a public nuisance and providing for summary abatement. None of these actions shall constitute a development requiring a permit.

(Ord. 113764 § 1(part), 1987: Ord. 113466 § 2(part), 1987.)

1. Editor's Note: The Seattle Housing Code is set out at Subtitle II of Title 22 of this Code.

23.60.020 Substantial development permit required.

A. No development, except for those listed in subsection C of this section below, shall be undertaken in the Shoreline District without first obtaining a substantial development permit from the Director. "Substantial development" means any development of which the total cost or fair market value exceeds Two Thousand Five Hundred Dollars ($2,500) or any development which materially interferes with the normal public use of the water or shorelines of the City.

B. Application and Interpretation of Exemptions.

1. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one (1) or more of the listed exemptions may be granted exemption from the substantial development permit process.

2. An exemption from the substantial development permit process is not an exemption from compliance with the Shoreline Management Act or provisions of this chapter, nor from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of the Seattle Shoreline Master Program and the Shoreline Management Act. A development or use that is listed as a conditional use pursuant to this chapter or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this chapter, such development or use can only be authorized by approval of a variance.

3. The burden of proof that a development or use is exempt from the permit process is on the applicant.

4. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project.

5. The Director may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and this chapter.

C. Exemptions. The following developments or activities shall not be considered substantial development and are exempt from obtaining a substantial development permit from the Director.

1. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" means those usual acts to prevent a decline, lapse or cessation from a lawfully established state comparable to its original condition, including but not limited to its size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resources or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment;

2. Construction of the normal protective bulkhead common to single-family residences. A "normal protective bulkhead" means those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical wall is being constructed or reconstructed, not more than one (1) cubic yard of fill per one (1) foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the State Department of Fish and Wildlife;

3. Emergency construction necessary to protect property from damage by the elements. An emergency means an unanticipated and imminent threat to public health, safety or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Director to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW or these regulations shall be obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and the Seattle Shoreline Master Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency;

4. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities;

5. Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys;

6. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence, including those structures and developments within a contiguous ownership which are a normal appurtenance, for his or her own use or for the use of his or her family, which residence does not exceed a height of thirty-five (35) feet above average grade level and which meets all requirements of the City other than requirements imposed pursuant to this chapter. A normal appurtenance is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. Normal appurtenances include, but are not limited to, a garage, deck, driveway, utilities, fences, installation of a septic tank and drainfield, and grading which does not exceed two hundred fifty (250) cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark;

7. Construction of a pier accessory to residential structures, including a community pier, designed for pleasure craft only, for the private noncommercial use of the owners, lessee or contract purchaser of a single-family or multifamily residence. This exception applies if either:

a. In salt waters, which include Puget Sound and all associated bays and inlets, the fair market value of the pier accessory to residential structures does not exceed Two Thousand Five Hundred Dollars ($2,500), or

b. In fresh waters, the fair market value of the pier accessory to residential structures does not exceed Ten Thousand Dollars ($10,000), but if subsequent construction having a fair market value exceeding Two Thousand Five Hundred Dollars ($2,500) occurs within five (5) years of a completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter;

8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands;

9. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

10. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on June 4, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system;

11. Demolition of structures, except where the Director determines that such demolition will have a major impact upon the character upon of the shoreline;

12. Any project with a certification from the Governor pursuant to Chapter 80.50 RCW;

13. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:

a. The activity does not interfere with the normal public use of the surface waters,

b. The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values,

c. The activity does not involve the installation of any structure, and upon the completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity,

d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to The City of Seattle to ensure that the site will be restored to preexisting conditions, and

e. The activity is not subject to the permit requirements of RCW 90.58.550;

14. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, and regulated in Section 23.60.210 C of this chapter;

15. Watershed restoration projects that implement a watershed restoration plan. The City of Seattle shall review the projects for consistency with its Shoreline Master Program in an expeditious manner and shall issue its decision along with any conditions within forty-five (45) days of receiving from the applicant all materials necessary to review the request for exemption. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section;

16. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply:

a. The project has been approved in writing by the State Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the purpose,

b. The project has received hydraulic project approval by the State Department of Fish and Wildlife pursuant to Chapter 75.20 RCW, and

c. The project is consistent with the City's Shoreline Master Program. This determination shall be made in a timely manner and provided to the project proponent in writing; and

17. Hazardous substance remedial actions. The procedural requirements of Chapter 90.58 RCW shall not apply to a project for which a consent decree, order or agreed order has been issued pursuant to Chapter 70.105D RCW or to the State Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW. The State Department of Ecology shall, in conjunction with The City of Seattle, assure that such projects comply with the substantive requirements of Chapter 90.58 RCW and the Seattle Shoreline Master Program.

D. Developments proposed in the Shoreline District may require permits from other governmental agencies.

(Ord. 118793 § 4, 1997: Ord. 113764 § 1(part), 1987: Ord. 113466 § 2(part), 1987.)

23.60.022 Application when development partly out of Shoreline District.

A. The use and development standards of this chapter apply only to that part of the development that occurs within the Shoreline District unless the underlying zoning requires the entire development to comply with all or part of this chapter.

B. Where a substantial development is proposed that would be partly within and partly without the Shoreline District, a shoreline substantial development permit is required for the entire development, except that a shoreline substantial development permit is not required for those portions of a linear transportation use such as light rail tracks, track support structure or tunnels that are outside the Shoreline District. A shoreline substantial development permit also is not required for discrete facilities, such as stations, that are wholly outside the Shoreline District.

C. The use and development standards including measurement techniques for that portion of the development outside of the Shoreline District shall be as provided by the underlying zoning.

(Ord. 122448, § 1, 2007; Ord. 122198, § 2, 2007; Ord. 113466 § 2(part), 1987.)

23.60.023 Intermittent and temporary uses for light rail construction.

The Director may grant, deny or condition applications for intermittent or temporary uses not meeting development standards in the Shoreline District for light rail transit facility construction if the use complies with the standards of subsection 23.42.040 F and this section.

A. In addition to complying with the site restoration requirements of subsection 23.42.040 F 4 the Director may require the restoration plan to include:

1. Native vegetation in the landscape plan.

2. Mitigation of impacts to fish and wildlife as a result of stormwater runoff from the site.

3. No increase in impervious surface from the site condition prior to the intermittent or temporary use.

(Ord. 122198, § 3, 2007.)

23.60.024 Development of lots split into two or more shoreline environments.

If a shoreline lot is split by a shoreline environment boundary line, each portion of the lot shall be regulated by the shoreline environment covering that portion. Where the lot coverage requirements differ for portions of the lot governed by different environments the lot coverage restrictions must be met on each separate portion of the lot.

(Ord. 113466 § 2(part), 1987.)

23.60.026 Phasing of developments.

A. Unless specifically stated otherwise in a shoreline substantial development permit, the following development components when required shall be completed no later than final inspection of the development by the Director:

1. Regulated public access and landscaping;

2. Piers, floats, barge facilities or over-water elements of a water-related development; and

3. The water-dependent components of a mixed water-dependent and non-water-dependent development.

B. The Director may require that components of developments in addition to those listed in subsection A above be completed before final inspection of a portion of a development or at another time during construction if the timing is necessary to ensure compliance with the intent of the Shoreline Master Program as stated in the Shoreline Policies.

(Ord. 113466 § 2(part), 1987.)

Part 2 Criteria for Application Review

23.60.030 Criteria for substantial development permits.

A. A substantial development permit shall be granted only when the development proposed is consistent with

1. The policies and procedures of Chapter 90.58 RCW;

2. The regulations of this chapter; and

3. The provisions of Chapter 173-27 WAC.

B. Conditions may be attached to the approval of a permit as necessary to assure consistency of the proposed development with the Seattle Shoreline Master Program and the Shoreline Management Act.

(Ord. 118793 § 5, 1997: Ord. 113466 § 2(part), 1987.)

23.60.032 Criteria for special use approvals.

Uses which are identified as requiring special use approval in a particular environment may be approved, approved with conditions or denied by the Director. The Director may approve or conditionally approve a special use only if the applicant can demonstrate all of the following:

A. That the proposed use will be consistent with the policies of RCW 90.58.020 and the Shoreline Policies;

B. That the proposed use will not interfere with the normal public use of public shorelines;

C. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area;

D. That the proposed use will cause no unreasonably adverse effects to the shoreline environment in which it is to be located; and

E. That the public interest suffers no substantial detrimental effect.

(Ord. 113466 § 2(part), 1987.)

23.60.034 Criteria for shoreline conditional use approvals.

Uses or developments which are identified in this chapter as requiring shoreline conditional use approval, and other uses which, although not expressly mentioned in lists of permitted uses, are permitted in the underlying zones and are not prohibited in the Shoreline District, may be approved, approved with conditions or denied by the Director in specific cases based on the criteria in WAC 173-27-160, as now constituted or hereafter amended, and any additional criteria given in this chapter. Upon transmittal of the Director's approval to the Department of Ecology (DOE), the permit may be approved, approved with conditions or denied by DOE.

(Ord. 118793 § 6, 1997: Ord. 113466 § 2(part), 1987)

23.60.036 Criteria for shoreline variances.

In specific cases the Director with approval of DOE may authorize variances from certain requirements of this chapter if the request complies with WAC 173-27-170, as now constituted or hereafter amended.

(Ord. 118793 § 7, 1997: Ord. 113466 § 2(part), 1987.)

23.60.038 Criteria for Council conditional use approvals.

Uses which are identified in this chapter as requiring Council conditional use approval may be approved only if the use as conditioned meets the criteria set forth for each Council conditional use in the applicable environment, and any additional criteria given in this chapter.

(Ord. 113466 § 2(part), 1987.)

Part 3 Procedures

23.60.060 Procedures for shoreline environment redesignations.

A. Shoreline environment designations may be amended according to the procedure provided for land use map amendments in Chapter 23.76. A shoreline environment redesignation is a Shoreline Master Program amendment which must be approved by the State Department of Ecology (DOE) according to State procedures before it becomes effective.

B. A request for a shoreline environment redesignation is considered a rezone, a Council land use decision subject to the provisions of Chapter 23.76, and shall be evaluated against the following criteria:

1. The Shoreline Management Act. The proposed redesignation shall be consistent with the intent and purpose of the Shoreline Management Act (RCW 90.58) and with Department of Ecology Guidelines (WAC 173-16).

2. Shorelines of Statewide Significance. If the area is within a shoreline of statewide significance the redesignation shall be consistent with the preferences for shorelines of statewide significance as given in RCW 90.58.020.

3. Comprehensive Plan Shoreline Area Objectives. In order to ensure that the intent of the Seattle Shoreline Master Program is met the proposed redesignation shall be consistent with the Comprehensive Plan Shoreline Area Objectives in which the proposed redesignation is located.

4. Harbor Areas. If the area proposed for a shoreline designation change is within or adjacent to a harbor area, the impact of the redesignation on the purpose and intent of harbor areas as given in Articles XV and XVII of the State Constitution shall be considered.

5. Consistency with Underlying Zoning. The proposed redesignation shall be consistent with the appropriate rezone evaluation criteria for the underlying zoning in Chapter 23.34 of the Land Use Code unless overriding shoreline considerations exist.

6. Rezone Evaluation. The proposed redesignation shall comply with the rezone evaluation provisions in Section 23.34.007.

7. General Rezone Criteria. The proposed redesignation shall meet the general rezone standards in Section 23.34.008, subsections B through J.

(Ord. 120691 § 18, 2001; Ord. 118793 § 8, 1997; Ord. 118408 § 7, 1996; Ord. 113466 § 2(part), 1987.)

23.60.062 Procedures for obtaining exemptions from substantial development permit requirements.

A determination that a development exempt from the requirement for a substantial development permit is consistent with the regulations of this chapter, as required by Section 23.60.016, shall be made by the Director as follows:

A. If the development requires other authorization from the Director, the determination as to consistency shall be made with the submitted application for that authorization.

B. If the development requires a Section 10 Permit under the Rivers and Harbors Act of 1899 or a Section 404 permit under the Federal Water Pollution Control Act of 1972, the determination of consistency shall be made at the time of review of the Public Notice from the Corps of Engineers, and a Letter of Exemption as specified in WAC 173-27-050 shall be issued if the development is consistent.

C. If the development does not require other authorizations, information of sufficient detail for a determination of consistency shall be submitted to the Department and the determination of consistency shall be made prior to any construction.

(Ord. 118793 § 9, 1997; Ord. 113466 § 2(part), 1987.)

23.60.064 Procedures for obtaining substantial development permits, shoreline variance permits, shoreline conditional use permits and special use authorizations.

A. Procedures for application, notice of application and notice of decision for a shoreline substantial development permit, shoreline variance permit or shoreline conditional use permit shall be as required for a Master Use Permit in Chapter 23.76.

B. The burden of proving that a substantial development, conditional use, special use, or variance meets the applicable criteria shall be on the applicant. The applicant may be required to submit information or data, in addition to that routinely required with permit applications, sufficient to enable the Director to evaluate the proposed development or use or to prepare any necessary environmental documents.

C. In evaluating whether a development which requires a substantial development permit, conditional use permit, variance permit or special use authorization meets the applicable criteria, the Director shall determine that:

1. The proposed use is not prohibited in the shoreline environment(s) and underlying zone(s) in which it would be located;

2. The development meets the general development standards and any applicable specific development standards set forth in Subchapter III, the development standards for the shoreline environment in which it is located, and any applicable development standards of the underlying zoning, except where a variance from a specific standard has been applied for; and

3. If the development or use requires a conditional use, variance, or special use approval, the project meets the criteria for the same established in Sections 23.60.034, 23.60.036 or 23.60.032, respectively.

D. If the development or use is a permitted use and meets all the applicable criteria and standards, or if it can be conditioned to meet the applicable criteria and standards, the Director shall grant the permit or authorization. If the development or use is not a permitted use or cannot be conditioned to meet the applicable criteria and standards, then the Director shall deny the permit.

E. In addition to other requirements provided in this chapter, the Director may attach to the permit or authorization any conditions necessary to carry out the spirit and purpose of and assure compliance with this chapter and RCW 90.58.020. Such conditions may include changes in the location, design, and operating characteristics of the development or use. Performance bonds not to exceed a term of five years may be required to ensure compliance with the conditions.

F. Nothing in this section shall be construed to limit the Director's authority to condition or deny a project pursuant to the State Environmental Policy Act.

(Ord. 113466 § 2(part), 1987.)

23.60.065 Procedure for limited utility extensions and bulkheads.

As required by WAC 173-27-120, an application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used:

A. The public comment period shall be twenty (20) days. The notice provided shall state the manner in which the public may obtain a copy of the decision on the application no later than two (2) days following its issuance;

B. The decision to grant or deny the permit shall be issued within twenty-one (21) days of the last day of the comment period specified in subsection A of this section above; and

C. If there is an appeal of the decision to grant or deny the permit to the Hearing Examiner, the appeal shall be finally determined within thirty (30) days.

(Ord. 118793 § 10, 1997.)

23.60.066 Procedure for determination of feasible or reasonable alternative locations.

A. Plan Shoreline Permits.

1. When a use or development is identified in subsection F of this section as being permitted in the Shoreline District only after a determination that no reasonable or feasible alternative exists, the determination as to whether such alternative exists may be made as an independent shoreline permit decision prior to submission of an application for a project-specific shoreline permit for the development. This determination shall be referred to as the "Plan Shoreline Permit." The Plan Shoreline Permit shall be for the purposes of making a feasible or reasonable location decision and determining conditions appropriate to that decision.

2. The process may be used upon a determination by the Director that a proposal for a development within the Shoreline District is complex, involves the phasing of programmatic and project-specific decisions, or affects more than one (1) shoreline site.

3. A Plan Shoreline Permit shall require that a subsequent shoreline permit be obtained with accompanying environmental documentation prior to construction of a specific project in the Shoreline District.

B. Application Requirements for Plan Shoreline Permits.

1. Application for a Plan Shoreline Permit shall include the scope and intent of proposed projects within the Shoreline District and the appropriate nonshoreline alternative(s) identified by the applicant or the Director.

2. The application shall be accompanied by the necessary environmental documentation, as determined by the Director, including an assessment of the impacts of the proposed projects and of the nonshoreline alternative(s), according to the state and local SEPA guidelines.

3. For projects within the Shoreline District, the application shall provide the information specified in WAC 173-27-180 and this title. The application shall include information on the overall system which outlines the interrelationship of shoreline and nonshoreline facilities. Schematic plans outlining dimensions, elevations, locations on site and similar specifications shall be provided for projects within the Shoreline District and for the nonshoreline alternative(s) which may be changed at the time of the project-specific shoreline permit(s) within the limitations of subsection G of this section.

C. Type of Decision.

1. The decision on a Plan Shoreline Permit for sewage treatment plants shall be made by the Council as a Council conditional use pursuant to Chapter 23.76. The decision on a Plan Shoreline Permit for utility lines and utility service uses shall be made by the Director as a substantial development permit, pursuant to Chapter 23.76. The Council or the Director may grant the Plan Shoreline Permit with conditions, including reasonable mitigation measures, or may deny the permit.

2. The decision on a project specific-substantial development permit for a sewage treatment plant for which a Plan Shoreline Permit has been issued shall be made by the Council as a Council conditional use, pursuant to Chapter 23.76.

D. Appeal of Decision. The decision of the Council for Type IV decisions, or of the Director for Type II decisions, shall be final and binding upon the City and the applicant. The decision is subject to appeal to the State Shoreline Hearings Board pursuant to Section 23.60.068. If no timely appeal is made, the Plan Shoreline Permit may not later be appealed in conjunction with an appeal of a shoreline permit issued for a specific project at the approved location(s).

E. Criteria for Decision. The decision as to the feasibility or reasonableness of alternatives shall be based upon the Shoreline Goals and Policies in the Seattle Comprehensive Plan and the Shoreline Management Act, as amended, and a full consideration of the environmental, social and economic impacts on the community.

F. Developments Qualify for Process. Developments for which a Plan Shoreline Permit may be required are:

Utility service uses, utility lines, and sewage treatment plants.

G. Project-specific Shoreline Permit. Any application for substantial development which is permitted in the Shoreline District after a determination that no feasible or reasonable alternative exists and which relies upon a Plan Shoreline Permit shall be approved only if it complies with the provisions of this chapter, provides for the reasonable mitigation of environmental impacts and is in substantial conformance with the Plan Shoreline Permit. Substantial conformance shall include, but not be limited to, a determination that all of the following standards have been met:

1. There is no increase in the amount or change in location of landfill on submerged lands;

2. There is no increase in lot coverage over water;

3. There is no net substantial increase in environmental impacts in the Shoreline District compared to the impacts of the proposed development allowed in the Plan Shoreline Permit; and

4. Conditions included as part of the Plan Shoreline Permit are met.

(Ord. 118793 § 11, 1997; Ord. 113466 § 2(part), 1987.)

23.60.068 Procedure for Council conditional use authorization.

Projects required by this chapter to obtain Council conditional use authorization shall be processed in the following manner:

A. Application for the Council conditional use and the shoreline substantial development permit shall be made concurrently. Application for environmental review if required shall be filed with the Council conditional use application.

B. Notice of application shall be consolidated.

C. The Council conditional use shall be processed as required by Chapter 23.76, Procedures For Master Use Permits and Council Land Use Decisions.

D. Upon receipt of Council's findings, conclusions and decisions from the City Clerk, the Director shall file the decision to approve, deny, or condition the shoreline substantial development permit with the State Department of Ecology as required by Chapter 173-27 WAC. The Director shall be bound by and incorporate the terms and conditions of the Council's decision in the shoreline substantial development permit. The Council's findings, conclusions and decisions shall constitute the City report on the application.

E. The Director's decision to approve, condition or deny the shoreline substantial development permit shall be the final City decision on the project and shall be appealable to the Shoreline Hearings Board.

(Ord. 118793 § 12, 1997; Ord. 113466 § 2(part), 1987.)

23.60.070 Decisions to State of Washington-Review

A. Any decision on an application for a permit under authority of this chapter, whether it be an approval or denial shall, concurrently with the transmittal of the ruling to the applicant, be filed by the Director with DOE and the Attorney General according to the requirements contained in WAC 173-27-130. For shoreline conditional use and variance decisions, the Director shall provide final notice of DOE's decision according to WAC 173-27-200(3).

B. Any person aggrieved by the granting or denying of a substantial development permit on shorelines of the City, or by the rescission of a permit pursuant to this chapter may seek review by the Shoreline Hearings Board by filing a petition for review within twenty-one (21) days of receipt of the permit decision by DOE. Within seven (7) days of the filing of any petition for review with the Shoreline Hearings Board pertaining to a final decision of a local government, the petitioner shall serve copies of the petition on the Director of DOE, the Attorney General and the Director of DPD as provided in RCW 90.58.180.

(Ord. 121477 § 38, 2004; Ord. 119240 § 1, 1998; Ord. 118793 § 13, 1997: Ord. 117789 § 3, 1995: Ord. 113466 § 2(part), 1987.)

23.60.072 Commencement of construction.

A. No construction pursuant to a substantial development permit authorized by this chapter shall begin or be authorized and no building, grading or other construction permits shall be issued by the Director until twenty-one (21) days from the date of filing of the Director's final decision granting the shoreline substantial development permit with the Director of the Department of Ecology and the Attorney General; or until all review proceedings are terminated if such proceedings were initiated within twenty-one (21) days of the date of filing of the Director's final decision.

B. Exception: Construction may be commenced no sooner than thirty (30) days after the date of filing of a judicial appeal of a decision of the Shoreline Hearings Board approving the Director's decision to grant the shoreline substantial development permit or approving a portion of the substantial development for which the permit was granted, unless construction is prohibited until all Superior Court review proceedings are final after a judicial hearing as provided in RCW 90.58.140. Any applicant who wishes to begin construction pursuant to this section prior to termination of all review proceedings does so at the applicant's own risk.

(Ord. 119240 § 2, 1998: Ord. 118793 § 14, 1997; Ord. 117789 § 4, 1995: Ord. 113466 § 2(part), 1987.)

23.60.074 Effective date of substantial development permits and time limits for permit validity.

Pursuant to WAC 173-27-090, the following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit authorized under this chapter.

A. Upon finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of WAC 173-27 and this chapter, the Director may adopt different time limits from those set forth in subsection B of this section below as part of the decision on a shoreline substantial development permit. The Director may also, with approval from DOE, adopt appropriate time limits as part of the decision on a shoreline conditional use or shoreline variance. "Good cause, based on the requirements and circumstances of the project," means that the time limits established are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources.

B. Where the Director did not adopt different time limits on a permit decision, the following time limits shall apply:

1. Construction activities or substantial progress toward construction of a project or, where no construction activities are involved, the use or activity for which a permit has been granted pursuant to this chapter shall be commenced within two (2) years of the effective date of a substantial development permit or the permit shall terminate. The Director may authorize a single extension of the two (2) year period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to DOE.

2. If a project for which permit has been granted pursuant to this chapter has not been completed within five (5) years after the effective date of the substantial development permit, authorization to conduct construction activities shall expire unless the Director authorizes a single extension based on reasonable factors, for a period not to exceed one (1) year, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to DOE.

3. The effective date of a substantial development permit shall be the date of filing as provided in RCW 90.58.140(6). The time periods in subsections A and B of this section do not include the time during which a project, use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain other government permits and approvals for the project, use or activity that authorize it to proceed, including all reasonably related administrative or legal actions on any such permits or approval.

4. The Plan Shoreline Permit shall be valid for a period of five (5) years or as otherwise permitted by WAC 173-27-090. Project-specific shoreline permits must be applied for within that period to be considered pursuant to the determination made under the Plan Shoreline Permit. Development under project-specific permits shall conform to the time limits outlined in subsections A and B of this section.

(Ord. 118793 § 15, 1997: Ord. 118408 § 8, 1996: Ord. 113466 § 2(part), 1987.)

23.60.076 Revisions to permits.

When an applicant seeks to revise a permit, the Director shall request from the applicant detailed plans and text describing the proposed changes in the permit.

A. If the Director determines that the proposed changes are within the scope and intent of the original permit as defined in WAC 173-27-100(2), as now constituted or hereafter amended, the Director shall approve the revision. Within eight (8) days of the date of approval, the approved revision, along with copies of the revised site plan and text, shall be submitted by certified mail to DOE, the Attorney General, and copies provided to parties of record and to persons who have previously notified the Director of their desire to receive notice of decision on the original application.

B. If the proposed changes are not within the scope and intent of the original permit, the applicant shall apply for a new permit in the manner provided for in this chapter.

C. If the revision to the original permit involves a conditional use or variance, either of which was conditioned by DOE, the Director shall submit the revision to DOE for DOE's approval, approval with conditions or denial, indicating that the revision is being submitted under the requirements of WAC 173-27-100(6). DOE shall transmit to the City and the applicant its final decision within fifteen (15) days of the date of DOE receipt of the submittal by the Director, who shall notify parties of record of DOE's final decision.

D. The revised permit is effective immediately upon final action by the Director, or when appropriate under WAC 173-27-100(6), by DOE.

E. Appeals shall be in accordance with RCW 90.58.180 and shall be filed with the Shoreline Hearings Board within twenty-one (21) days from date of DOE's receipt of the revision approved by the Director, or when appropriate under WAC 173-27-100(6), the date DOE's final decision is transmitted to the City and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of WAC 173-27-100(2). Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. The party seeking review shall have the burden of proving the revision was not within the scope and intent of the original permit.

(Ord. 119240 § 3, 1998; Ord. 118793 § 16, 1997; Ord. 117789 § 5, 1995; Ord. 113466 § 2(part), 1987.)

23.60.078 Rescission.

A. After holding a public hearing, the Director may rescind or suspend a substantial development permit if any of the following conditions are found:

1. The permittee has developed the site in a manner not authorized by the permit;

2. The permittee has not complied with the conditions of the permit;

3. The permittee has secured the permit with false or misleading information; or

4. The permit was issued in error.

B. Notice of the hearing shall be mailed to the permittee not less than fifteen (15) days prior to the date set for the hearing and included in the Land Use Information Bulletin.

(Ord. 121477 § 39, 2004; Ord. 113466 § 2(part), 1987.)

23.60.080 Fee schedule.

Permit and other shoreline-related fees shall be as described in the Permit Fee Ordinance.1

(Ord. 113466 § 2(part), 1987.)

1. Editor's Note: The Permit Fee Ordinance is set out at chapter 22.900 of this Code.

23.60.082 Enforcement.

Procedures for investigation and notice of violation, compliance, and the imposition of civil penalties for the violation of any requirements of this chapter shall be as specified in Chapter 23.90, Enforcement of the Land Use Code.

(Ord. 113466 § 2(part), 1987.)

Subchapter III
General Provisions

Part 1 Use Standards

23.60.090 Identification of principal permitted uses.

A. To be permitted in the Shoreline District, a use must be permitted in both the shoreline environment and the underlying land use zone in which it is located.

B. Unless otherwise stated in this chapter all principal uses on waterfront lots shall be water-dependent, water-related or non-water-dependent with public access.

C. Principal uses are permitted in the respective shoreline environments in accordance with the lists of permitted and prohibited uses in the respective environments and subject to all applicable development standards. If a use is not identified in this chapter and is permitted in the underlying zone, it may be authorized as a conditional use by the Director in specific cases upon approval by the Department of Ecology when the criteria contained in Section 23.60.034 are satisfied.

D. For purposes of this chapter, standards established in the use sections of each environment are not subject to variance.

E. Principal uses which are water-dependent may be permitted over water. Principal uses which are non-water-dependent shall not be permitted over water unless specifically stated otherwise in the regulations for the applicable shoreline environment. For purposes of this chapter, this regulation shall be considered a use standard not subject to variance.

F. Floating structures, including vessels which do not have a means of self-propulsion and steering equipment and which are designed or used as a place of residence, with the exception of house barges moored within The City of Seattle in June 1990 and licensed by The City of Seattle, shall be regulated as floating homes pursuant to this chapter. Locating other non-water-dependent uses over water on floating structures, including vessels, which do not have a means of self-propulsion or steering equipment is prohibited unless specifically permitted on house barges or historic ships by other sections of this chapter.

G. For purposes of this chapter, house barges shall only be permitted under the following conditions:

1. A permit for the house barge, which is transferable between owners but not transferable to another house barge, has been secured from the Department of Planning and Development verifying that the house barge existed and was used for residential purposes within The City of Seattle in June 1990;

2. The house barge permit applicant must demonstrate compliance with state water quality standards for discharge by toilet as a condition of permit issuance.

3. The permit is effective for three (3) years. At the expiration of three (3) years, the permit may be renewed at the request of the owner, provided it is demonstrated, consistent with state water quality standards, that all overboard discharges have been sealed and that satisfactory means of conveying wastewater to an approved disposal facility have been provided. The Director, after consultation with State Department of Ecology (Northwest Regional Office) water quality staff, may grant an exception to this requirement based upon approval of a detailed plan that considers all feasible measures to control and minimize overboard discharge of wastewater. In such cases, the Director at the time of permit renewal, shall implement the plan by attaching conditions to the permit which limit overboard discharge of wastewater or the adverse environmental consequences thereof to the maximum extent practicable. Permit conditions may require implementation of best management practices for minimizing wastewater discharges, or the use of alternative treatment and disposal methods.

4. House barges must be moored at a recreational marina, as defined by Seattle Municipal Code Section 23.60.926.

5. House barges permitted under this section shall be regulated as a nonconforming use and shall be subject to the standards of Section 23.60.122, except that relocation of an established house barge to a different moorage within Seattle shall be permitted. When a house barge is removed from Seattle waters for more than six (6) months, the permit establishing its use shall be rescinded and the house barge shall be prohibited from relocating in Seattle waters.

H. For purposes of this chapter, dredging, landfill, and shoreline protective structures shall be considered to be uses not subject to variance.

I. As determined by the Director, uses in public facilities that are most similar to uses permitted outright, permitted as an accessory use, permitted as a special use, permitted conditionally, or prohibited under this chapter shall also be permitted outright, permitted as an accessory use, permitted as a special use, permitted conditionally or prohibited subject to the same use regulations, development standards, accessory use requirements, special use requirements, and conditional use criteria that govern the similar use unless otherwise specified.

J. Light rail transit facilities approved pursuant to subsection 23.80.004 C are permitted uses in all shoreline environments, and light rail bridges and tunnels are water-dependent uses when they must cross a body of water regulated by Chapter 23.60. A temporary structure or use that supports the construction of a light rail transit facility and that is approved pursuant to Section 23.42.040 F is permitted as a temporary structure or use in all shoreline environments.

(Ord. 122198, § 4, 2006; Ord. 121276 § 37, 2003; Ord. 118663 § 1, 1997; Ord. 116328 § 1, 1993; Ord. 116051 § 1, 1992; Ord. 113466 § 2(part), 1987.)

23.60.092 Accessory uses.

A. Any principal use permitted in a specific shoreline environment either outright, or as a special use, conditional use or Council conditional use shall also be permitted as an accessory use outright or as a special use, conditional use or Council conditional use, respectively.

B. Uses prohibited as principal uses but customarily incidental to a use permitted in a shoreline environment may be permitted as accessory uses only if clearly incidental and necessary for the operation of a permitted principal use unless expressly permitted or prohibited as accessory uses. Examples of accessory uses include parking, offices and caretaker's quarters not exceeding eight hundred (800) square feet in living area. For purposes of this section, landfill, water-based airports, heliports and helistops shall not be considered to be accessory to a principal use and shall only be permitted as provided in the applicable shoreline environment.

C. Unless specifically stated otherwise in the regulations for the applicable environment, accessory uses which are non-water-dependent and non-water-related, even if accessory to water-dependent or water-related uses, shall be permitted over water according to subsection A above only if either:

1. The over-water location is necessary for the operation of the water-dependent or water-related use; or

2. The lot has a depth of less than fifty (50) feet of dry land.

D. Parking shall not be permitted over water unless it is accessory to a water-dependent or water-related use located on a lot with a depth of less than fifty (50) feet of dry land and the Director determines that adequate on-site or off-site dry land parking within eight hundred (800) feet is not reasonably available.

E. Piers, floats, pilings, breakwaters, drydocks and similar accessory structures for moorage shall be permitted as accessory to permitted uses subject to the development standards unless specifically prohibited in the applicable shoreline environment.

F. Accessory uses shall be located on the same lot as the principal use; provided that when the accessory use is also permitted as a principal use in the shoreline environment applicable to an adjacent lot, the accessory use may be located on that adjacent lot.

(Ord. 119929 § 1, 2000; Ord. 116907 § 9, 1993; Ord. 116616 § 8, 1993; Ord. 113466 § 2(part), 1987.)

Part 2 Nonconforming Uses and Structures

23.60.120 Applicability to existing development.

Except as specifically stated, the regulations of this chapter shall not apply to developments legally undertaken in the Shoreline District prior to adoption of the ordinance codified in this chapter.1

(Ord. 113466 § 2(part), 1987.)

1. Editor's Note: Chapter 23.60, the Seattle Shoreline Master Program, became effective on December 31, 1987.

23.60.122 Nonconforming uses.

A. 1. Any nonconforming use may be continued subject to the provisions of this section.

2. Any nonconforming use which has been discontinued for more than twelve (12) consecutive months in the CN, CP, CR, CM, CW, UR, UH and US Environments or more than twenty-four (24) consecutive months in the UM, UG or UI Environments shall not be reestablished or recommenced. A use shall be considered discontinued when:

a. A permit to change the use of the structure or property was issued and acted upon;

b. The structure or portion of a structure, or the property is not being used for the use allowed by the most recent permit; or

c. The structure or property is vacant, or the portion of the structure or property formerly occupied by the nonconforming use is vacant.

The use of the structure shall be considered discontinued even if materials from the former use remain or are stored on the property. A multifamily structure with one (1) or more vacant dwelling units shall not be considered unused unless the total structure is unoccupied.

3. Any sign in the Shoreline District which does not conform to the provisions of this chapter shall be discontinued within seven (7) years from the effective date of the ordinance codified in this chapter,1 unless designated a landmark pursuant to Chapter 25.12, the Landmark Preservation Ordinance.

B. A structure or development containing a nonconforming use or uses may be maintained, repaired, renovated or structurally altered but shall not be expanded or extended beyond its existing external dimensions except as provided in subsection E below, as otherwise required by law, as necessary to improve access for the elderly and disabled, or to provide regulated public access.

C. A nonconforming use which is destroyed by fire or other act of nature, including normal deterioration of structures in or over the water, may be resumed provided that any structure occupied by the nonconforming use may be rebuilt to the same or smaller configuration existing immediately prior to the time the structure was destroyed; provided that action toward replacement must be commenced within twelve (12) months after demolition or destruction in the CN, CP, CR, CM, CW, UR, UH and US Environments or within twenty-four (24) months after demolition or destruction in the UM, UG or UI Environments. A rebuilt structure housing a nonconforming eating and drinking establishment use in an Urban Stable Environment may consolidate other existing nonconforming uses on the property, provided that no cumulative expansion or intensification of the nonconforming use and no increase in over-water coverage occurs and the Director finds that the reconfiguration will allow removal of structures housing other nonconforming uses, resulting in improved view corridors or regulated public access.

D. The change of one (1) nonconforming use to another use not permitted in the shoreline environment may be authorized as a conditional use by the Director with the concurrence of the Department of Ecology if the Director determines that the new use is no more detrimental to the property in the shoreline environment and vicinity than the existing use and the existing development is unsuited for a use permitted in the environment, and if the criteria for conditional uses in WAC 173-27-160 are satisfied. The new use shall retain its nonconforming use status for the purposes of subsections A through C of this section above.

E. Reconfiguration of an existing nonconforming moorage may be authorized as a conditional use by the Director with the concurrence of the Department of Ecology if the Director determines that the goals of this chapter, including enhancing upland and street views, limiting location of structures over water and providing public access, would be better served. Such reconfiguration may be authorized only if view corridors and public access are improved. The square footage of the covered moorage and the height of the covered moorage shall not be increased. Covered moorage with open walls shall be preferred.

(Ord. 118793 § 17, 1997; Ord. 113466 § 2(part), 1987.)

1. Editor's Note: Chapter 23.60, the Seattle Shoreline Master Program, became effective on December 31, 1987.

23.60.124 Nonconforming structures.

A. A nonconforming structure may be maintained, renovated, repaired or structurally altered but shall be prohibited from expanding or extending in any manner which increases the extent of nonconformity, or creates additional nonconformity, except as otherwise required by law, as necessary to improve access for the elderly and disabled or to provide regulated public access. When the development is nonconforming as to lot coverage, existing lot coverage may not be transferred from the dry-land portion of the site to the water.

B. A nonconforming structure or development which is destroyed by fire or other act of nature, including normal deterioration of structures constructed in or over the water, may be rebuilt to the same or smaller configuration existing immediately prior to the time the structure was destroyed; provided that action toward replacement must be commenced within twelve (12) months after demolition or destruction of a structure in the CN, CP, CR, CM, CW, UR, UH and US Environments or within twenty-four (24) months after demolition or destruction of a structure in the UM, UG, or UI Environments. A rebuilt nonconforming structure housing a nonconforming eating and drinking establishment use in an Urban Stable environment may consolidate other existing nonconforming structures on the property, provided that no increase in height or cumulative expansion of the area of nonconforming structures and no increase in overwater coverage occurs, and provided that the Director finds that the reconfiguration will allow removal of other nonconforming structures, resulting in improved view corridors or regulated public access.

C. The Director may require compliance with the standards of Section 23.60.152, General development, for part or all of a lot as a condition for new development of part of a lot if it is found that continued nonconformity will cause adverse impacts to air quality, water quality, sediment quality, aquatic life, or human health.

D. The Director may require compliance with Section 23.60.160, Standards for regulated public access, as a condition of a substantial development permit for expansion or alteration of a development nonconforming as to public access requirements.

(Ord. 113466 § 2(part), 1987.)

23.60.126 Structures in trespass.

The above provisions for nonconforming uses and structures, Sections 23.60.122 through 23.60.124, shall not apply to any structure, improvement, dock, fill or development placed on tidelands, shorelands, or beds of waters which are in trespass or in violation of state statutes.

(Ord. 113466 § 2(part), 1987.)

Part 3 Development Standards

23.60.150 Applicable development standards.

All uses and developments in the Shoreline District shall be subject to the general development standards applicable to all environments, to the development standards for the specific environment in which the use or development is located, and to any development standards associated with the particular use or development.

(Ord. 113466 § 2(part), 1987.)

23.60.152 General development.

All uses and developments shall be subject to the following general development standards:

A. The location, design, construction and management of all shoreline developments and uses shall protect the quality and quantity of surface and ground water on and adjacent to the lot and shall adhere to the guidelines, policies, standards and regulations of applicable water quality management programs and regulatory agencies. Best management practices such as paving and berming of drum storage areas, fugitive dust controls and other good housekeeping measures to prevent contamination of land or water shall be required.

B. Solid and liquid wastes and untreated effluents shall not enter any bodies of water or be discharged onto the land.

C. Facilities, equipment and established procedures for the containment, recovery and mitigation of spilled petroleum products shall be provided at recreational marinas, commercial moorage, vessel repair facilities, marine service stations and any use regularly servicing vessels with petroleum product capacities of ten thousand five hundred (10,500) gallons or more.

D. The release of oil, chemicals or other hazardous materials onto or into the water shall be prohibited. Equipment for the transportation, storage, handling or application of such materials shall be maintained in a safe and leakproof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected.

E. All shoreline developments and uses shall minimize any increases in surface runoff, and control, treat and release surface water runoff so that receiving water quality and shore properties and features are not adversely affected. Control measures may include, but are not limited to, dikes, catchbasins or settling ponds, interceptor drains and planted buffers.

F. All shoreline developments and uses shall utilize permeable surfacing where practicable to minimize surface water accumulation and runoff.

G. All shoreline developments and uses shall control erosion during project construction and operation.

H. All shoreline developments and uses shall be located, designed, constructed and managed to avoid disturbance, minimize adverse impacts and protect fish and wildlife habitat conservation areas including, but not limited to, spawning, nesting, rearing and habitat areas, commercial and recreational shellfish areas, kelp and eel grass beds, and migratory routes. Where avoidance of adverse impacts is not practicable, project mitigation measures relating the type, quantity and extent of mitigation to the protection of species and habitat functions may be approved by the Director in consultation with state resource management agencies and federally recognized tribes.

I. All shoreline developments and uses shall be located, designed, constructed and managed to minimize interference with or adverse impacts to beneficial natural shoreline processes such as water circulation, littoral drift, sand movement, erosion and accretion.

J. All shoreline developments and uses shall be located, designed, constructed and managed in a manner that minimizes adverse impacts to surrounding land and water uses and is compatible with the affected area.

K. Land clearing, grading, filling and alteration of natural drainage features and landforms shall be limited to the minimum necessary for development. Surfaces cleared of vegetation and not to be developed shall be replanted. Surface drainage systems or substantial earth modifications shall be professionally designed to prevent maintenance problems or adverse impacts on shoreline features.

L. All shoreline development shall be located, constructed and operated so as not to be a hazard to public health and safety.

M. All development activities shall be located and designed to minimize or prevent the need for shoreline defense and stabilization measures and flood protection works such as bulkheads, other bank stabilization, landfills, levees, dikes, groins, jetties or substantial site regrades.

N. All debris, overburden and other waste materials from construction shall be disposed of in such a way as to prevent their entry by erosion from drainage, high water or other means into any water body.

O. Navigation channels shall be kept free of hazardous or obstructing development or uses.

P. No pier shall extend beyond the outer harbor or pierhead line except in Lake Union where piers shall not extend beyond the Construction Limit Line as shown in the Official Land Use Map, Chapter 23.32, or except where authorized by this chapter and by the State Department of Natural Resources and the U.S. Army Corps of Engineers.

Q. Submerged public right-of-way shall be subject to the following standards:

1. All structures shall be floating except as permitted in subsection Q2 below;

2. Piling and dolphins may be permitted to secure floating structures only if the structures cannot be safely secured with anchors or with pilings or dolphins located outside of the right-of-way;

3. The maximum height of structures shall be fifteen feet (15');

4. Structures shall not occupy more than thirty-five (35) percent of the right-of-way and shall not occupy more than forty (40) percent of the width of the right-of-way;

5. A view corridor or corridors of not less than fifty (50) percent of the width of the right-of-way shall be provided and maintained; and

6. An open channel, unobstructed by vessels or structures for access to and from the water for public navigation and for access to adjacent properties shall be maintained.

R. Within all Shoreline Districts, submerged lands shall not be counted in calculating lot area for purposes of minimum lot area requirements of Single-family zones or density standards of other zones.

(Ord. 116325 § 2, 1992; Ord. 113466 § 2(part), 1987.)

23.60.154 Shoreline design review.

The Director may require that any development by a public agency or on public property which has not been reviewed by the Design Commission be reviewed for visual design quality by appropriate experts selected by mutual agreement between the applicant and the Director prior to approval of the development. The Shoreline design review may be conducted prior to an application for a substantial development permit at the request of the applicant. The costs of the Shoreline design review shall be borne by the applicant.

(Ord. 116909 § 4, 1993: Ord. 113466 § 2(part), 1987.)

23.60.156 Parking requirements.

A. Required parking spaces and loading berths shall be provided for uses in the Shoreline District as specified in Chapter 23.54 except that the requirements may be waived or modified at the discretion of the Director: (1) if alternative means of transportation will meet the parking demand of the proposed development in lieu of such off-street parking and loading requirements, or (2) if parking to serve the proposed uses is available within eight hundred (800) feet of the proposed development and if pedestrian facilities are provided. Waivers shall not be granted if they encourage the use of scarce, on-street parking in the neighborhood surrounding the development.

B. New off-street parking areas or structures of more than five (5) spaces shall be located at least fifty (50) feet from the water's edge. The Director may modify this requirement for lots with insufficient space between the ordinary high water mark and the lot line furthest upland from the water's edge. In such cases the parking shall be located as far upland from the water's edge as feasible.

C. If the number of parking spaces for a proposed substantial development which is required by Chapter 23.54 or which is proposed by the applicant will adversely affect the quality of the shoreline environment, the Director shall direct that the plans for the development be modified to eliminate or ameliorate the adverse effect.

(Ord. 118793 § 18, 1997; Ord. 117571 § 2, 1995; Ord. 113466 § 2(part), 1987.)

23.60.158 Drive-in businesses.

Uses may not have drive-in windows on waterfront lots in the Shoreline District. Uses may have drive-in windows on upland lots in the Shoreline District if permitted by the underlying zoning.

(Ord. 113466 § 2(part), 1987.)

23.60.160 Standards for regulated public access.

A. 1. Regulated public access shall be a physical improvement in the form of any one (1) or combination of the following: Walkway, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat-launching ramp, transient moorage, or other areas serving as a means of view and/or physical approach to public waters for the public. Public access may also include, but not be limited to, interpretive centers and displays explaining maritime history and industry.

2. The minimum regulated public access shall consist of an improved walkway at least five (5) feet wide on an easement ten (10) feet wide, leading from the street or from a public walkway directly to a waterfront use area or to an area on the property from which the water and water activities can be observed. There shall be no significant obstruction of the view from this viewpoint.

3. Maintenance of the public access shall be the responsibility of the owner or developer.

B. The Director shall review the type, design, and location of public access to insure development of a public place meeting the intent of the Shoreline Master Program. The Director shall consider the following criteria in determining what constitutes adequate public access on a specific site:

1. The location of the access on the lot shall be chosen to:

a. Maximize the public nature of the access by locating adjacent to other public areas including street-ends, waterways, parks, other public access and connecting trails;

b. Maximize views of the water and sun exposure; and

c. Minimize intrusions of privacy for both site users and public access users by avoiding locations adjacent to windows and/or outdoor private open spaces or by screening or other separation techniques.

2. Public amenities appropriate to the usage of the public access space such as benches, picnic tables, public docks and sufficient public parking to serve the users shall be selected and placed to ensure a usable and comfortable public area.

3. Public access shall be located to avoid interference with the use of the site by water-dependent businesses located on the site.

C. Regulated public access may be limited as to hours of availability and types of activities permitted. However, twenty-four (24) hour availability is preferable and the access must be available to the public on a regularly scheduled basis.

D. Regulated public access shall be open to the public no later than the time of the Director's final inspection of the proposed development which requires public access.

E. Regulated public access and related parking shall be indicated by signs provided by the applicant, of standard design and materials prescribed by the Director. The signs shall be located for maximum public visibility.

F. All public access points shall be provided through an easement, covenant or similar legal agreement recorded with the King County Department of Records and Elections.

G. For shoreline development requiring more than one (1) substantial development permit or extending for more than one thousand (1,000) lineal feet of shoreline, regulated public access shall be required in the context of the entire project as follows:

1. A shoreline development which requires more than one (1) substantial development permit need not provide separate regulated public access for each permit, but public access shall be provided in the context of the entire development.

2. A comprehensive development plan for the entire project shall be submitted with the first shoreline permit application. The plan shall include all project components intended, plans for the public access and a development schedule. The level of detail of the plans for the public access shall be equal to that of the project proposal.

3. If a public access area for the development has previously been agreed upon during a street vacation process, then the Director shall not require a greater land area for access, but may require development of physical improvements.

4. A minimum of one (1) public access site shall be provided for each three thousand five hundred (3,500) lineal feet of shoreline unless public access standards are met elsewhere as part of a public access plan approved by the City Council or public access is not required for the development.

H. General Exceptions.

1. The requirement for one (1) public access site for each major terminal or facility shall be waived if the terminal or facility is included in a public access plan approved by the Council and the applicant complies with the plan.

2. In lieu of development of public access on the lot, an applicant may choose to meet the requirement for public access through payment or by development of public property when the applicant's lot is located in an area included in a public access plan approved by the Council. To be permitted, payment in lieu or development off-site must be permitted by the approved public access plan.

3. Regulated public access shall not be required where:

a. The cost of providing public access is unreasonably disproportionate to the total cost of the proposed development; or

b. The site is not located in an area covered by a public access plan approved by the Council and one (1) of the following conditions exists:

(1) Unavoidable hazards to the public in gaining access exist,

(2) Inherent security requirements of the use cannot be satisfied,

(3) Unavoidable interference with the use would occur, or

(4) Public access at the particular location cannot be developed to satisfy the public interest in providing a recreational, historical, cultural, scientific or educational opportunity or view.

The exceptions in subsection H3b above apply only if the Director has reviewed all reasonable alternatives for public access. The alternatives shall include the provision of access which is physically separated from the potential hazard or interference through barriers such as fencing and landscaping and provision of access at a site geographically separated from the development site but under the control of the applicant.

4. Access to a shoreline may be denied to any person who creates a nuisance or engages in illegal conduct on the property. The Director may authorize regulated public access to be temporarily or permanently closed if it is found that offensive conduct cannot otherwise be reasonably controlled.

(Ord. 113466 § 2(part), 1987.)

23.60.162 View corridors.

A. View corridors shall be provided for uses and developments in the Shoreline District as required in the development standards of the environment in which the use or development is located.

B. When a view corridor is required the following provisions shall apply:

1. A view corridor or corridors of not less than the percentage of the width of the lot indicated in the development standards for the applicable shoreline environment shall be provided and maintained.

2. Structures may be located in view corridors if the slope of the lot permits full, unobstructed view of the water over the structures.

3. Unless provided otherwise in this chapter, parking for motor vehicles shall not be located in view corridors except when:

a. The parking is required parking for a water-dependent or a water-related use and no reasonable alternative exists; or

b. The area of the lot where the parking would be located is four (4) or more feet below street level.

4. Removal of existing landscaping shall not be required.

C. The Director may waive or modify the view corridor requirements if it is determined that the intent to preserve views cannot be met by a strict application of the requirements or one (1) of the following conditions applies:

1. There is no available clear view of the water from the street;

2. Existing development or topography effectively blocks any possible views from the street; or

3. The shape of the lot or topography is unusual or irregular.

D. In making the determination of whether to modify the requirement, the Director shall consider the following factors:

1. The direction of predominant views of the water;

2. The extent of existing public view corridors, such as parks or street ends in the immediate vicinity;

3. The availability of actual views of the water and the potential of the lot for providing those views from the street;

4. The percent of the lot which would be devoted to view corridor if the requirements were strictly applied;

5. Extreme irregularity in the shape of the lot or the shoreline topography which precludes effective application of the requirements; and

6. The purpose of the shoreline environment in which the development is located, to determine whether the primary objective of the environment is water-dependent uses or public access views.

(Ord. 113466 § 2(part), 1987.)

Part 4 Development Standards Applicable to Specific Uses

23.60.179 Additional development standards.

The following uses shall meet the additional development standards provided below as well as the General Development Standards of Part 3 of this subchapter and any applicable development standards for the environment in which the use is located.

(Ord. 113466 § 2(part), 1987.)

23.60.180 Sign standards.

A. General Standards for All Signs.

1. Roof signs shall not be permitted in the Shoreline District.

2. Signs mounted on buildings shall be wall-mounted except for projecting signs mounted on the street-front facade of a building facing a street running generally parallel to the shoreline and located at a distance from the corner of the building so as not to obstruct views of the water.

3. Pole signs shall be permitted only on piers or floats which lack buildings for wall-mounted signs and only to provide visibility from fairways (publicly owned navigable waters) for water-dependent or water-related uses. Pole signs shall not be located in view corridors required by this chapter or so as to obstruct views through view corridors required by this chapter or of a substantial number of residents. The Director may modify proposed signs to prevent such view obstruction.

4. Ground signs are permitted when not located in required view corridors or in an area which impairs visual access to view corridors.

5. The size, height and number of permitted signs and the determination as to whether a sign may be flashing, illuminated, rotating or portable, shall be as regulated in the underlying zoning except as follows:

a. Any sign which is visible from a fairway (publicly owned navigable water) shall be limited to only the name and nature of the use, and each letter shall be limited to no more than sixteen inches (16") in height;

b. Signs on piers shall be limited to forty (40) square feet in area; and

c. Freestanding signs on piers shall not exceed twelve feet (12') in height.

B. Types of Signs.

1. Signs permitted in the CN, CP, CR, CM, CW and UR Environments shall be limited to identification signs, on-premises directional signs, and interpretive signs.

2. Signs permitted in the US, UH, UM, and UG Environments shall be limited to identification signs, on-premises directional signs, interpretive signs and business signs.

3. Signs permitted in the UI Environment shall be limited to identification signs, on-premises directional signs, interpretive signs, business signs, and off-premises directional signs. Advertising signs may be permitted only on upland lots in the UI Environment.

4. Temporary signs as defined in Section 23.55.012 shall be allowed in all Environments, subject to the restrictions in subsection A.

(Ord. 117555 § 3, 1995; Ord. 113466 § 2(part), 1987.)

23.60.182 Dredging standards.

A. Dredging and dredged material disposal shall be designed to include reasonable mitigating measures to protect aquatic habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials or toxic substances, dissolved oxygen depletion, disruption of food chains, loss of benthic productivity and disturbance of fish runs and important biological communities.

B. Dredging shall be timed so that it does not interfere with migrating aquatic life, as prescribed by state and federal requirements.

C. Open-water disposal of dredged material shall be permitted only at designated disposal sites.

D. Stockpiling of dredged material in or under water is prohibited.

E. Dredging of material that does not meet the Environmental Protection Agency and Department of Ecology criteria for open-water disposal shall be permitted only if:

1. The dredging would not cause long-term adverse impacts to water sediment quality, aquatic life or human health in adjacent areas; and

2. A dry land or contained submerged disposal site has been approved by the Environmental Protection Agency (EPA) and the Director of the Seattle/King County Department of Public Health, or any successor agency.

F. Dredging for the purpose of obtaining fill or construction material, or otherwise mining submerged land is prohibited except where the applicant can show that:

1. The existing benthos is sterile or largely degraded and shows no sign of regeneration; and

2. The dredging will have only mitigable impact on water quality and aquatic life.

G. Incidental dredged material resulting from the installation of a utility line or intake or outfall may remain under water if:

1. It can be placed without long-term adverse impacts to water quality, sediment quality, aquatic life or human health; and

2. The environmental impacts of removing the material and relocating it to an open-water disposal site are greater than the impacts of leaving the material at the original site.

(Ord. 113466 § 2(part), 1987.)

23.60.184 Standards for landfill and creation of dry land.

A. Solid waste, refuse, and debris shall not be placed in the shoreline.

B. Shoreline fills or cuts shall be designed and located so that:

1. No significant damage to ecological values or natural resources shall occur; and

2. No alteration of local currents nor littoral drift creating a hazard to adjacent life, property or natural resources systems shall occur.

C. All perimeters of fills shall be provided with vegetation, retaining walls, or other mechanisms for erosion prevention.

D. Fill materials shall be of a quality that will not cause problems of water quality.

E. Shoreline fills shall not be considered for sanitary landfills or the disposal of solid waste except for the disposal of dredged material permitted in subsection I below.

F. In evaluating fill projects and in designating areas appropriate for fill, such factors as total water surface reduction, navigation restriction, impediment to water flow and circulation, reduction of water quality and destruction of habitat shall be considered.

G. Deposit of fill material including dredged material shall not be permitted on lands which contain unique, fragile or ecologically valuable resources.

H. The final location and slope of fill material on submerged lands shall meet the criteria of the State Fisheries and Game Hydraulic Code.

I. Dredged material not meeting the Environmental Protection Agency and Department of Ecology criteria for open-water disposal may be used for landfill in the shoreline only if:

1. The landfill is designed to be used for future water-dependent or water-related development;

2. The landfill meets the criteria for landfill in the environment in which it is located;

3. Either the area in which the material is placed has similar levels of the same contaminants or the material is placed in a manner that it will not be a source of contaminants in an area cleaner than the proposed fill material;

4. The landfill can be placed in the water or on the land without long-term adverse impacts to water quality, sediment quality, aquatic life, or human health; and

5. If classified as problem waste, any required EPA or DOE approval is obtained.

J. Incidental landfill which does not create dry land and is necessary for the installation of a utility line intake or outfall may be placed on submerged land if it will not have long-term adverse impacts to water quality, sediment quality, aquatic life or human health.

K. Landfill which creates dry land which is necessary to repair pocket erosion between adjacent revetments shall meet the following standards in addition to those in subsections A through J above:

1. The erosion pocket does not exceed one hundred feet (100') in width as measured between adjacent revetments;

2. The erosion pocket is in an area characterized by continuous revetments abutting and extending in both directions along the shoreline away from the erosion pocket;

3. The fill will not appreciably increase interference with a system of beach accretion and erosion; and

4. The fill does not extend beyond a line subtended between the adjacent revetments.

(Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.186 Standards for natural beach protection.

A. The design and use of naturally regenerating systems for prevention and control of beach erosion is encouraged and preferred over bulkheads and other structures when the length and configuration of the beach will accommodate it, and the protection is a reasonable solution to the needs of the specific site where it is proposed. Design alternatives shall include the best available technology such as, but not limited to:

1. Gravel berms, drift sills, beach nourishment, and beach enhancement when appropriate.

2. Planting with short-term mechanical assistance, when appropriate. All plantings provided shall be maintained.

B. Natural beach protection shall not:

1. Detrimentally interrupt littoral drift, or redirect waves, current or sediments to other shorelines;

2. Result in any exposed groin-like structures;

3. Extend waterward more than the minimum amount necessary to achieve the desired stabilization;

4. Result in contours sufficiently steep to impede easy pedestrian passage, or trap drifting sediments; or

5. Create additional dry land mass.

C. Maintenance of natural beach protection systems shall be the responsibility of the owner.

(Ord. 113466 § 2(part), 1987.)

23.60.188 Standards for bulkheads.

A. Bulkheads accessory to nonresidential uses may be authorized when:

1. The bulkhead would not detrimentally redirect littoral drift, waves, currents or sediments to other shorelines;

2. If dry land is created, the landfill complies with all standards for landfill; and

3. The bulkheads are:

a. Adjacent to a navigable channel,

b. Necessary for a water-dependent or water-related use, or

c. Necessary to prevent extraordinary erosion, but only when natural beach protection is not a practical alternative.

B. Bulkheads accessory to residential uses may be authorized when:

1. Necessary to maintain existing land and to protect from extraordinary erosion, and when natural beach protection is not a practical alternative;

2. Additional dry land mass is not created, except as otherwise provided in the standards of the applicable environment;

3. The bulkhead does not extend waterward of ordinary high water unless necessary to protect the toe of a cliff from wave action;

4. The bulkhead does not extend into the water beyond adjacent bulkheads;

5. The bulkhead would not detrimentally redirect littoral drift, waves, currents or sediments to other shores; and

6. The existing contour of the natural shoreline is generally followed.

C. Bulkheads accessory to single-family residences and meeting the conditions of subsection B above are normal protective bulkheads common to single-family residences and are exempt from the substantial development permit requirement.

D. Riprap bulkheads shall be preferred over vertical wall or slab bulkheads except in the UM, UG, and UI Environments. Sheetpiling and precast concrete slabs with vertical waterward faces shall include adequate tiebacks and toe protection.

E. Riprap faces shall be constructed to a stable slope and shall be of a material of sufficient size to be stable.

(Ord. 113466 § 2(part), 1987.)

23.60.190 Standards for breakwaters and jetties.

A. Breakwaters and jetties may be authorized only for protection of water-dependent uses.

B. Where practical, floating breakwaters shall be used rather than solid landfill breakwaters or jetties in order to maintain sand movement and fish habitat.

C. Solid breakwaters and jetties shall be constructed only where design modifications can eliminate potentially detrimental effects on the movement of sand and circulation of water.

(Ord. 113466 § 2(part), 1987.)

23.60.192 Standards for utility lines.

A. To the extent practicable, all new utility lines shall be located or constructed within existing utility corridors.

B. The installation of new electrical, telephone or other utility lines in areas where no such lines exist, or the substantial expansion of existing electrical, telephone or other utility lines in all environments except UI shall be accomplished underground, or under water, except for lines carrying one hundred fifteen (115) kilovolts or more.

C. Overhead installation of utility lines shall be permitted where there are no significant impacts on upland views. Location and design shall minimize visibility of overhead utilities and preserve views.

D. Upon completion of utility line installation or maintenance projects, the shoreline shall be restored to preproject configuration, replanted and provided maintenance care until the newly planted vegetation is reestablished.

E. Underwater pipelines except gravity sewers and storm drains, carrying materials intrinsically harmful or potentially injurious to aquatic life and/or water quality shall be provided with shutoff facilities at each end of the underwater segments.

(Ord. 113466 § 2(part), 1987.)

23.60.194 Standards for intakes and outfalls.

A. All intakes and outfalls shall be located so they will not be visible at mean lower low water.

B. All intakes and outfalls shall be designed and constructed to prevent the entry of fish.

(Ord. 113466 § 2(part), 1987.)

23.60.196 Floating homes.

A. General Standards.

1. Floating home moorages shall comply with the Seattle Building Code adopted by Chapter 22.100 of the Seattle Municipal Code, and the requirements of this chapter.

2. Moorage Location:

a. Except as provided below, every floating home moorage shall be located on privately owned or privately controlled premises. No floating home shall be located in any waterway or fairway or in the public waters of any street or street end.

b. Floating homes and floating home moorages which were located in the public waters or any street or street end on January 1, 1974, or on property later dedicated to the City for street purposes, and which have continuously remained in such locations, comply with all other provisions of this chapter and are authorized by a use and occupancy permit approved by the Director of Seattle Department of Transportation shall be permitted; provided that when any such floating home so located and permitted to use such public waters is moved from its existing site the public waters shall not be reoccupied.

c. Floating homes and floating home moorages located in Portage Bay in a submerged street segment lying generally parallel to the shoreline that terminates on the north and on the south in a submerged street area when the same person owns or leases the property abutting on both sides thereof shall be permitted.

d. Floating homes are permitted when located at an existing floating home moorage and located partially on private property and partially in submerged portions of Fairview Avenue East lying generally parallel to the shoreline, when the occupant of the floating home owns or leases the private portion of the moorage site and has obtained a long-term permit from City Council to occupy the abutting street area.

3. Views. Floating homes shall not be located or relocated in such a manner as to block the view corridor from the end of a dock or walkway. In the location and the design of remodeled floating homes, views of the water for moorage tenants and the public shall be preserved.

4. Existing Floating Homes. An existing floating home, for the purposes of this section, shall be one assigned a King County Assessor's (KCA) number and established by that number as existing at an established moorage in Lake Union or Portage Bay as of the effective date of the ordinance codified in this chapter. (Note 1)

5. Relocation. Two (2) floating homes may exchange moorage sites, either within a moorage or between moorages, if:

a. Both floating homes are the same height or the relocation will not result in a floating home, which is over eighteen (18) feet in height and higher than the floating home being replaced, being located seaward of floating homes which are eighteen (18) feet or less in height, provided that no floating home greater than eighteen (18) feet in height shall be relocated to a nonconforming floating home moorage except to replace a floating home of equal or greater height;

b. The minimum distance between adjacent floating home walls and between any floating home wall and any floating home site line will meet the requirements of the applicable moorage standards in subsection B or C of this section below unless reduced for existing floating homes by the Director; and

c. The requirements of Chapter 7.20 of the Seattle Municipal Code, Floating Home Moorages, have been met.

6. Moorage Plan. Any proposal to replace, remodel, rebuild, or relocate a floating home, or expand a floating home moorage, shall be accompanied by an accurate, fully dimensioned moorage site plan, at a scale of not less than one (1) inch equals twenty (20) feet, unless such plan is already on file with the Department. When the proposal is to expand a moorage, the plan shall designate individual moorage sites for the entire moorage.

B. Conforming Floating Home Moorages.

1. New moorages or expanded portions of conforming floating home moorages shall meet the following standards:

a. Floating homes shall not exceed twenty-one (21) feet at the highest point measured from the surface of the water, except that the following specific structures, and only these structures, may exceed this height limit to the minimum extent necessary in order to satisfy the provisions of the Building Code: open railings, chimneys and mechanical vents. Open railings shall be limited to thirty-six (36) inches in height.

b. New floating homes shall not cover in excess of one thousand two hundred (1,200) square feet of water area, and existing floating homes shall not be expanded beyond one thousand two hundred (1,200) square feet, inclusive of float, decks, roof overhang and accessory floats.

c. Minimum site area for an individual floating home shall be two thousand (2,000) square feet, except as provided in subsection D of this section.

d. Total water coverage of all floating homes and all fixed or floating moorage walkways shall not exceed forty-five (45) percent of the submerged portion of the moorage lot area.

e. Setbacks.

(1) The minimum distance between adjacent floating home floats or walls shall be ten (10) feet of open water.

(2) The minimum distance between floating homes on opposite sides of a moorage walkway shall be ten (10) feet, wall-to-wall.

(3) The minimum distance between any floating home float or wall and any floating home moorage lot line shall be five (5) feet except that there shall be no minimum distance required between a floating home float or wall and a moorage lot line when the lot line is adjacent to a public street right-of-way, a waterway or the fairway. A moorage walkway may abut upon the lot line.

f. Each floating home shall have direct access to a moorage walkway of not less than five (5) feet of unobstructed width leading to a street.

g. Each floating home in a floating home moorage shall abut upon open water at least twenty (20) feet wide and open continuously to navigable waters.

h. The view corridor requirements of the applicable shoreline environment shall be met.

2. Floating home moorages meeting the above standards shall be considered to be conforming.

3. Remodeling, rebuilding or relocation of a floating home shall be permitted at a conforming moorage if the provisions of subsections A and B1 of this section are met.

C. Nonconforming Floating Home Moorages.

1. The remodeling, replacement, or rebuilding of a floating home at a moorage existing as of March 1, 1977, whether or not legally established at that time, when the moorage does not satisfy the lot coverage, open water, site area, setback, view corridor or location provisions for conforming floating home moorages shall be permitted subject to the following provisions:

a. The total float area of the floating home float shall not be increased;

b. The height of the remodeled floating home or of the remodeled portion of the floating home shall not be increased beyond eighteen (18) feet from the water surface or the height shall not exceed eighteen (18) feet from the water if the floating home is being replaced or rebuilt, except that the following specific structures, and only these structures, may exceed this height limit to the minimum extent necessary in order to satisfy the provisions of the Building Code: open railings, chimneys and mechanical vents. Open railings shall be limited to thirty-six (36) inches in height;

c. The minimum distance between adjacent floating home walls shall not be decreased to less than six (6) feet if the floating home is being remodeled or shall not be less than six (6) feet if the floating home is being rebuilt or replaced, except as provided in subsection D of this section;

d. The minimum distance between any floating home wall and any floating home site line shall not be decreased to less than three (3) feet if the floating home is being remodeled or shall not be less than three (3) feet if the floating home is being rebuilt or replaced;

e. No part of the floating home shall be further extended over water beyond the edge of the float if the floating home is being remodeled or shall not be extended over water beyond the edge of the float if the floating home is being rebuilt or replaced;

f. Any accessory float which was attached to a floating home as of March 1, 1977, may be maintained or replaced provided that the area of the accessory float shall not be increased. An accessory float may not be transferred from one (1) floating home to another. New accessory floats are prohibited; and

g. The extent of nonconformity of the floating home moorage with respect to view corridors shall not be increased.

2. The expansion of a nonconforming moorage shall be permitted if the expanded portion of the moorage meets the following provisions:

a. No floating home in the expanded portion of the moorage is over eighteen (18) feet in height or the height of the floating home located immediately landward in the existing moorage, whichever is greater;

b. New floating homes shall not cover an excess of one thousand two hundred (1,200) square feet of water area, and existing floating homes shall not be expanded beyond one thousand two hundred (1,200) square feet, inclusive of float, decks, roof overlay and accessory floats;

c. Minimum site area for an individual floating home shall be two thousand (2,000) square feet except as provided in subsection D of this section;

d. Total water coverage of all floating homes and all fixed or floating moorage walkways in the expanded portion of the moorage shall not exceed forty-five (45) percent of the expanded submerged portion of the moorage lot area;

e. Setbacks.

(1) The minimum distance between adjacent floating home floats or walls shall be ten (10) feet of open water,

(2) The minimum distance between floating homes on opposite sides of a moorage walkway shall be ten (10) feet, wall-to-wall,

(3) The minimum distance between any floating home float or wall and any floating home moorage lot line shall be five (5) feet except that there shall be no minimum distance required between a floating home float or wall and a moorage lot line when the lot line is adjacent to a public street right-of-way, a waterway or the fairway. A moorage walkway may abut upon the lot line;

f. Each floating home shall have direct access to a moorage walkway of not less than five (5) feet of unobstructed width leading to a street;

g. Each floating home in a floating home moorage shall abut upon open water at least twenty (20) feet wide and open continuously to navigable waters; and

h. The extent of nonconformity of the floating home moorage with respect to view corridors is not increased.

D. "Safe Harbor" Development Standards-Exceptions. There shall be no parking requirements or minimum site area for the following:

1. In the Urban Residential Environment, the addition of no more than two (2) existing floating homes, as defined in subsection A4 of Section 23.60.196 of this chapter on each lot developed with a recreational marina, commercial moorage or floating home moorage on the effective date of the ordinance codified in this chapter1 and established prior to April 1, 1987 when the floating homes are relocated from another lot after April 1, 1987; and

2. In the Urban Stable Environment, no more than two (2) floating homes at each lot as permitted by subsection A4 of Section 23.60.600 of this chapter when relocated from another lot after April 1, 1987.

(Ord. 121477 § 40, 2004; Ord. 119240 § 4, 1998; Ord. 118793 § 19, 1997; Ord. 118409 § 204, 1996: Ord. 116744 § 27, 1993; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

1. Editor's Note: Chapter 23.60, the Seattle Shoreline Master Program, became effective on December 31, 1987.

23.60.198 Residences other than floating homes.

A. Residences shall not be constructed over water unless specifically permitted in the regulations for applicable shoreline environment.

B. 1. Residences on waterfront lots shall not be located further waterward than adjacent residences. If a required setback exceeds seventy-five (75) feet from the line of ordinary high water, the Director may reduce the setback to no less than seventy-five (75) feet if it does not adversely impact the shoreline environment and if views of the shoreline from adjacent existing residences are not blocked. If there are no other residences within one hundred (100) feet, residences shall be located at least twenty-five (25) feet back from the line of ordinary high water.

2. Fences, freestanding walls, bulkheads and other structures normally accessory to residences may be located in the residential setback if views of the shoreline from adjacent existing residences are not blocked. The Director shall determine the permitted height of the accessory structures.

C. Residences constructed partially or wholly over water shall not be located further waterward than adjacent over-water residences. If there are no over-water residences within one hundred (100) feet or if this provision would not allow reasonable development, the Director shall determine the maximum distance from shore that the structure may extend. In making this determination, the Director shall find that:

1. The amount of view blockage from adjacent residences is minimized;

2. The use of dry land is maximized;

3. The square footage of the proposed structure is comparable to residential development in the vicinity; and

4. The Shoreline Policies are met.

D. Single-family residences on both waterfront and upland lots shall meet the yard requirements of the underlying zoning.

E. Multifamily developments shall meet all development standards of the underlying zoning including modulation and structure width and depth, provided that, where view corridors are required, the Director may reduce or waive the yard and setback requirements of the underlying zoning. Where view corridors are not required, yards and setbacks of the underlying zoning shall be required.

F. Submerged lands may not be used to satisfy landscaped open space requirements of multifamily developments.

(Ord. 118415 § 1, 1996; Ord. 113466 § 2(part), 1987.)

23.60.200 Recreational marinas.

General requirements for recreational marinas:

A. Lavatory facilities connected to a sanitary sewer and adequate to serve the marina shall be provided.

B. Self-service sewage pumpout facilities or the best available method of disposing of sewage wastes and appropriate disposal facilities for bilge wastes shall be provided at marinas having in excess of three thousand five hundred (3,500) lineal feet of moorage or slips large enough to accommodate boats larger than twenty (20) feet in length, and shall be located so as to be conveniently available to all boats. An appropriate disposal facility for removal of bilge wastes shall be either a vacuum apparatus, or oil-absorbent materials and waste receptacles.

C. Untreated sewage shall not be discharged into the water at any time. Treated sewage shall not be discharged while boats are moored.

D. Long-term parking areas shall be located away from the water. Short-term loading areas, however, may be located near berthing areas.

E. Public access shall be provided as follows:

1. The minimum public access for a marina providing less than nine thousand (9,000) feet of moorage space shall consist of an improved walkway at least five (5) feet wide on an easement at least ten (10) feet wide leading to an area located at the water's edge, which area shall be at least ten (10) feet wide and shall provide at least ten (10) feet of water frontage for every one hundred (100) feet of the marina's water frontage.

2. The minimum public access for a marina providing nine thousand (9,000) or more feet of moorage space shall consist of an improved walkway at least five (5) feet wide on an easement at least ten (10) feet wide leading to a public walkway at least five (5) feet wide on an easement at least ten (10) feet wide located along the entire length of the marina's water frontage.

3. Marinas which provide less than two thousand (2,000) lineal feet of moorage space and which contain only water-dependent or water-related principal uses are exempt from this public access requirement.

F. Transient Moorage.

1. Transient moorage shall be provided at the rate of forty (40) lineal feet of transient moorage space for each one thousand (1,000) lineal feet of moorage space in the marina if one (1) or more of the following conditions apply:

a. The marina provides nine thousand (9,000) or more lineal feet of moorage;

b. The marina is part of a development which includes restaurants or other nonwater-dependent or nonwater-related uses which operate during evening and weekend hours; or

c. The marina is owned, operated, or franchised by a governmental agency for use by the general public.

2. The Director may waive the requirement for transient moorage if it is found that there is adequate transient moorage already existing in the vicinity.

3. Transient moorage for commercial vessels may be required as part of a recreational marina providing more than nine thousand (9,000) lineal feet of moorage if the site is in an area near commercial facilities generating commercial transient moorage demand.

G. Facilities, equipment and established procedures for the containment, recovery and mitigation of spilled petroleum products shall be provided.

(Ord. 113466 § 2(part), 1987.)

23.60.202 Standards for yacht, boat and beach clubs.

Nonwater-dependent facilities of yacht, boat and beach clubs, other than moorage facilities, shall be located only on dry land except as specifically provided in the applicable shoreline environment.

(Ord. 113466 § 2(part), 1987.)

23.60.204 Piers and floats accessory to residential development.

A. Preference shall be given to shared piers or moorage facilities for residential development. Shared facilities may be located adjacent to or on both sides of a property line upon agreement of two (2) or more adjacent shoreline property owners. Easements or covenants assuring joint use shall be furnished with a joint application.

B. Size and Location.

1. Piers may be fixed or floating. Piers shall be located generally parallel to side lot lines and perpendicular to the shoreline. If the shoreline or the lot lines are irregular, the Director shall decide the orientation of the pier. No pier shall be located within fifteen (15) feet of a side lot line unless the pier is shared with the owner of the adjacent lot or unless a pier is already in existence on the adjacent lot and located less than five (5) feet from the common side lot line, in which case the minimum distance between a pier and the side lot line may be reduced to not less than five (5) feet.

2. An existing pier not meeting the location provisions of this section may be extended to the maximum length permitted in subsection B5 below.

3. Piers shall be permitted only when the lot width is not less than forty-five (45) feet, except where the pier is shared with the owner of an adjacent lot, in which case the width of the combined lots shall be not less than sixty (60) feet. No single-family lot shall have more than one (1) pier or float structure.

4. No pier shall exceed six (6) feet in width.

5. Maximum extension of a pier from the water's edge shall be the greater of the following, limited by subsection B6:

a. A line subtended by the ends of adjacent existing piers, if within two hundred (200) yards of the proposed pier; or

b. A line subtended by the ends of an adjacent existing pier on one (1) side within two hundred (200) yards of the proposed new pier, and the first pier beyond an adjacent existing pier on the opposite side and within one hundred (100) yards of the proposed new pier; or

c. To a point where the depth of the water at the end of the pier reaches eight (8) feet below ordinary high water in fresh water or mean lower low water in tidal waters.

6. No pier shall extend more than one hundred (100) feet and no pier shall extend beyond the Outer Harbor or Pierhead Line except in Lake Union where piers shall not extend beyond the Construction Limit Line as shown upon the Official Land Use Map of The City of Seattle or except where authorized by this chapter and by the State Department of Natural Resources and the U.S. Army Corps of Engineers.

7. No pier shall exceed five (5) feet in height above ordinary high water.

C. Piers accessory to single-family, duplex or triplex developments may include one overwater projection in the form of a finger or spur pier, angled extension, float or platform per dwelling unit, not to exceed one hundred (100) square feet in area and not to be located closer than five (5) feet from a side lot line. Residential piers serving multifamily residences of four (4) or more units shall be limited to one (1) over-water projection of no more than one hundred (100) square feet per each two (2) dwelling units.

D. A shared pier may include one (1) extension, finger pier or float for each single-family dwelling unit not to exceed one hundred fifty (150) square feet in area for each residence.

E. No fees or other compensation may be charged for use by nonresidents of piers accessory to residences in the UR Environment.

F. Uncovered boat lifts and diving boards shall be permitted if in scale with the pier.

G. Swimming floats not meeting the standards of subsections A through F above shall be permitted in lieu of moorage piers when anchored off-shore and limited to one hundred (100) square feet per dwelling unit for single-family, two (2) family, and three (3) family residential units and fifty (50) square feet per dwelling unit for four (4) or more family residential units.

(Ord. 113466 § 2(part), 1987.)

23.60.206 Streets.

A. Except for bridges necessary to cross a water body, new streets shall be permitted in the Shoreline District only if necessary to serve lots in the Shoreline District or to connect to public access facilities.

B. Where permitted, new streets on the shoreline shall be designed to:

1. Improve public visual and physical access to the shoreline;

2. Conform to the topography and other natural features with minimum of cut, fill, and structural elements;

3. Provide means for the public to overcome the physical barrier created by the facility and gain access to the shoreline; and

4. Minimize the area of upland lots and maximize the area of waterfront lots.

(Ord. 113466 § 2(part), 1987.)

23.60.208 Railroads and rail transit.

A. New railroad tracks shall be permitted in the Shoreline District only if necessary to serve lots in the Shoreline District.

B. Existing railroad tracks may be expanded within existing rail corridors.

C. Where possible, new rail transit facilities in the Shoreline District shall use existing highway or rail corridors.

D. All railroads and rail transit facilities shall provide means for the public to overcome the physical barrier created by the facility and gain access to the shoreline.

(Ord. 113466 § 2(part), 1987.)

23.60.210 Aquatic noxious weed control.

The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, may be accomplished through the following practices:

A. By hand-pulling, mechanical harvesting, or placement of aquascreens if proposed to maintain existing water depth for navigation, which shall be considered normal maintenance and repair and therefore exempt from the requirement to obtain a shoreline substantial development permit; or

B. By derooting, rotovating or other method which disturbs the bottom sediment or benthos, which shall be considered development for which a substantial development permit is required, unless proposed to maintain existing water depth for navigation in an area covered by a previous permit for such activity, in which case it shall be considered normal maintenance and repair and therefore exempt from the requirement to obtain a substantial development permit; or

C. Through the use of herbicides or other treatment methods applicable to the control of aquatic noxious weeds that are recommended in a final environmental impact statement published by the State Department of Agriculture or the State Department of Ecology jointly with other state agencies under Chapter 43.21 RCW, and subject to approval from the State Department of Ecology. The approve permit from the Department of Ecology shall specify the type of chemical(s) to be used and document that chemical treatment for the control of aquatic noxious weeds shall be applied by a person or entity licensed by the Department of Agriculture.

(Ord. 118793 § 20, 1997: Ord. 113466 § 2(part), 1987.)

Subchapter IV
Shoreline Environments

23.60.220 Environments established.

A. The following shoreline environments and the boundaries of these environments are established on the Official Land Use Map as authorized in Chapter 23.32.

B. For the purpose of this chapter, the Shoreline District is divided into eleven (11) environments designated below.
EnvironmentDesignation
Conservancy NavigationCN
Conservancy PreservationCP
Conservancy RecreationCR
Conservancy ManagementCM
Conservancy WaterwayCW
Urban ResidentialUR
Urban StableUS
Urban HarborfrontUH
Urban MaritimeUM
Urban GeneralUG
Urban IndustrialUI

C. The purpose and locational criteria for each shoreline environment designation are described below.

1. Conservancy Navigation (CN) Environment.

a. Purpose. The purpose of the CN Environment is to preserve open water for navigation,

b. Locational Criteria. Submerged lands used as a fairway for vessel navigation,

c. Submerged lands seaward of the Outer Harbor Line, Construction Limit Line or other navigational boundary which are not specifically designated or shown on the Official Land Use Map shall be designated Conservancy Navigation;

2. Conservancy Preservation (CP) Environment.

a. Purpose. The purpose of the CP Environment is to preserve, protect, restore, or enhance certain areas which are particularly biologically or geologically fragile and to encourage the enjoyment of those areas by the public. Protection of such areas is in the public interest.

b. Locational Criteria. Dry or submerged lands owned by a public agency and possessing particularly fragile biological, geological or other natural resources which warrant preservation or restoration;

3. Conservancy Recreation (CR) Environment.

a. Purpose. The purpose of the CR shoreline environment is to protect areas for environmentally related purposes, such as public and private parks, aquaculture areas, residential piers, underwater recreational sites, fishing grounds, and migratory fish routes. While the natural environment is not maintained in a pure state, the activities to be carried on provided minimal adverse impact. The intent of the CR environment is to use the natural ecological system for production of food, for recreation, and to provide access by the public for recreational use of the shorelines. Maximum effort to preserve, enhance or restore the existing natural ecological, biological, or hydrological conditions shall be made in designing, developing, operating and maintaining recreational facilities.

b. Locational Criteria.

(1) Dry or submerged lands generally owned by a public agency and developed as a park, where the shoreline possesses biological, geological or other natural resources that can be maintained by limiting development,

(2) Residentially zoned submerged lands in private or public ownership located adjacent to dry lands designated Urban Residential where the shoreline possesses biological, geological or other natural resources that can be maintained by limiting development;

4. Conservancy Management (CM) Environment.

a. The purpose of the CM shoreline environment is to conserve and manage areas for public purposes, recreational activities and fish migration routes. While the natural environment need not be maintained in a pure state, developments shall be designed to minimize adverse impacts to natural beaches, migratory fish routes and the surrounding community.

b. Locational Criteria.

(1) Dry or submerged land in sensitive areas generally owned by a public agency, developed with a major public facility, including navigation locks, sewage treatment plants, ferry terminals and public and private parks containing active recreation areas,

(2) Waterfront lots containing natural beaches or a natural resource such as fish migration routes or fish feeding areas which require management but which are compatible with recreational development;

5. Conservancy Waterway (CW) Environment.

a. Purpose. The purpose of the CW Environment is to preserve the waterways for navigation and commerce, including public access to and from water areas. Since the waterways are public ways for water transport, they are designated CW to provide navigational access to adjacent properties, access to and from land for the loading and unloading of watercraft and temporary moorage.

b. Locational Criteria. Waterways on Lake Union and Portage Bay;

6. Urban Residential (UR) Environment.

a. Purpose. The purpose of the UR environment is to protect residential areas.

b. Locational Criteria.

(1) Areas where the underlying zoning is Single-family or Multifamily residential,

(2) Areas where the predominant development is Single-family or Multifamily residential,

(3) Areas where steep slopes, shallow water, poor wave protection, poor vehicular access or limited water access make water-dependent uses impractical,

(4) Areas with sufficient dry land lot area to allow for residential development totally on dry land;

7. Urban Stable (US) Environment.

a. Purpose.

(1) Provide opportunities for substantial numbers of people to enjoy the shorelines by encouraging water-dependent recreational uses and by permitting nonwater dependent commercial uses if they provide substantial public access and other public benefits,

(2) Preserve and enhance views of the water from adjacent streets and upland residential areas,

(3) Support water-dependent uses by providing services such as marine-related retail and moorage.

b. Locational Criteria.

(1) Areas where the underlying zoning is Commercial or Industrial,

(2) Areas with small amounts of dry land between the shoreline and the first parallel street, with steep slopes, limited truck and rail access or other features making the area unsuitable for water-dependent or water-related industrial uses,

(3) Areas with large amounts of submerged land in relation to dry land and sufficient wave protection for water-dependent recreation,

(4) Areas where the predominant land use is water-dependent recreational or nonwater-dependent commercial;

8. Urban Harborfront (UH) Environment.

a. Purpose. The purpose of the UH Environment is to encourage economically viable water-dependent uses to meet the needs of waterborne commerce, facilitate the revitalization of Downtown's waterfront, provide opportunities for public access and recreational enjoyment of the shoreline, preserve and enhance elements of historic and cultural significance and preserve views of Elliott Bay and the land forms beyond.

b. Locational Criteria.

(1) Areas where the underlying zoning is a Downtown zone,

(2) Areas in or adjacent to a State Harbor Area,

(3) Areas where the water area is developed with finger piers and transit sheds;

9. Urban Maritime (UM) Environment.

a. Purpose. The purpose of the UM environment is to preserve areas for water-dependent and water-related uses while still providing some views of the water from adjacent streets and upland residential streets. Public access shall be second in priority to water-dependent uses unless provided on street ends, parks or other public lands.

b. Locational Criteria.

(1) Areas where the underlying zoning is industrial or Commercial 2,

(2) Areas with sufficient dry land for industrial uses but generally in smaller parcels than in UI environments,

(3) Areas developed predominantly with water-dependent manufacturing or commercial uses or a combination of manufacturing-commercial and recreational water-dependent uses,

(4) Areas with concentrations of state waterways for use by commerce and navigation,

(5) Areas near, but not necessarily adjacent to residential or neighborhood commercial zones which require preservation of views and protection from the impacts of heavy industrialization;

10. Urban General (UG) Environment.

a. Purpose. The purpose of the UG environment is to provide for economic use of commercial and manufacturing areas which are not suited for full use by water-dependent businesses. Public access or viewing areas shall be provided by nonwater-dependent uses where feasible.

b. Locational Criteria.

(1) Areas with little or no water access, which makes the development of water-dependent uses impractical,

(2) Areas where the underlying zoning is Commercial 2 or Industrial,

(3) Areas developed with nonwater-dependent manufacturing, warehouses, or offices;

11. Urban Industrial (UI) Environment.

a. Purpose. The purpose of the Urban Industrial environment is to provide for efficient use of industrial shorelines by major cargo facilities and other water-dependent and water-related industrial uses. Views shall be secondary to industrial development and public access shall be provided mainly on public lands or in conformance with an area-wide Public Access Plan.

b. Locational Criteria.

(1) Areas where the underlying zoning is industrial,

(2) Areas with large amounts of level dry land in large parcels suitable for industrial use,

(3) Areas with good rail and truck access,

(4) Areas adjacent to or part of major industrial centers which provide support services for water-dependent and other industry,

(5) Areas where predominant uses are manufacturing warehousing, major port cargo facilities or other similar uses.

D. Submerged Lands. The environmental designation given to waterfront dry land shall be extended to the outer Harbor Line, Construction Limit Line, or other navigational boundary on Lake Union, on Portage Bay, in industrially zoned areas, and in the Urban Harborfront area. On Puget Sound, Lake Washington and Green Lake submerged lands shall be designated to preserve them for public or recreational purposes.

(Ord. 120691 § 19, 2001; Ord. 118408 § 9, 1996: Ord. 113466 § 2(part), 1987.)

Subchapter V
The Conservancy Navigation Environment

Part 1 Uses

23.60.240 Uses permitted outright in the CN Environment.

The following uses shall be permitted outright in the Conservancy Navigation Environment as either principal or accessory uses:

A. Navigational aids including channel markers and anchor buoys.

(Ord. 113466 § 2(part), 1987.)

23.60.242 Special uses in the CN Environment.

The following uses may be authorized in the CN Environment by the Director as either principal or accessory uses if the special use criteria of Section 23.60.032 are satisfied:

A. Bridges;

B. Utilities lines;

C. Underwater diving areas and reefs;

D. Aquaculture;

E. Natural beach protection to prevent erosion or to enhance public access; and

F. The disposal of dredged material at authorized dredge disposal sites established as a conditional use.

(Ord. 113466 § 2(part), 1987.)

23.60.244 Conditional uses in the CN Environment.

The following uses may be authorized in the CN Environment by the Director, with the concurrence of the Department of Ecology, as principal or accessory uses if the criteria for conditional uses of WAC 173-27-160 are satisfied:

A. The establishment of an open-water dredge material disposal site pursuant to WAC 332-30-166;

B. Floating dolphins necessary for a water-dependent or water-related use;

C. Off-shore facilities necessary for a water-dependent or water-related use;

D. Bulkheads necessary to prevent extraordinary erosion where natural beach protection is not feasible;

E. Dredging necessary to:

1. Maintain or improve navigational channels,

2. Provide access to a water-dependent or water-related use,

3. Protect or enhance the natural environment, or

4. Install utility lines and bridges; and

F. The following types of landfill:

1. Landfill on submerged land which does not create dry land, if necessary to install utility lines and bridges; and

2. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement.

(Ord. 118793 § 21, 1997; Ord. 113466 § 2(part), 1987.)

23.60.246 Prohibited uses in the CN Environment.

The following uses shall be prohibited as principal or accessory uses in the CN Environment:

A. Residential uses;

B. Commercial uses;

C. Utilities, except utility lines;

D. Manufacturing uses;

E. High-impact uses;

F. Institutional uses;

G. Public facilities not authorized pursuant to Section 23.60.248;

H. All shoreline recreation uses except underwater diving areas and reefs;

I. Agricultural uses except aquaculture;

J. Groins and similar structures that block the flow of sand to adjacent beaches, except drift sills or other structures that are part of a natural beach protection system; and

K. Landfill that creates dry land, except for wildlife habitat mitigation or enhancement.

(Ord. 122310, § 1, 2006; Ord. 118663 § 2, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.248 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.242 and 23.60.244 shall also be permitted as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.242 through 23.60.244 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.242 and 23.60.244 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 3, 1997.)

Part 2 Development Standards

23.60.270 Development standards in the CN Environment.

In addition to development standards applicable to all environments contained in Subchapter III, General Provisions, developments in the Conservancy Navigation Environment shall be located and designed to avoid interference with navigation. Buoys or other markings may be required to warn of navigation hazards.

(Ord. 113466 § 2(part), 1987.)

Subchapter VI
The Conservancy Preservation Environment

Part 1 Uses

23.60.300 Uses permitted outright in the CP Environment.

The following uses shall be permitted outright in the Conservancy Preservation Environment: None.

(Ord. 113466 § 2(part), 1987.)

23.60.302 Special uses in the CP Environment.

The following uses may be authorized in the CP Environment by the Director as either principal or accessory uses if the special use criteria of Section 23.60.032 are satisfied:

A. Utility lines if no reasonable alternative location exists;

B. The following shoreline recreation uses:

1. Underwater diving areas and reefs,

2. Bicycle and pedestrian paths,

3. Viewpoints;

C. Aquaculture; and

D. Natural beach protection to prevent erosion or to enhance public access.

(Ord. 113466 § 2(part), 1987.)

23.60.304 Conditional uses in the CP Environment.

The following uses may be authorized in the CP Environment by the Director, with the concurrence of the Department of Ecology, as either principal or accessory uses if the criteria for conditional uses of WAC 173-27-160 are satisfied;

A. Bulkheads necessary to prevent extraordinary erosion where natural beach protection is not feasible;

B. Dredging necessary to protect or enhance the natural environment, to install utility lines, or for navigational access;

C. The following types of landfill:

1. Landfill on dry land if necessary to construct permitted uses and structures,

2. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement, and

3. Landfill which does not create dry land if necessary for the installation of utility lines; and

D. Streets, railroads and bridges.

(Ord. 118793 § 22, 1997; Ord. 113466 § 2(part), 1987.)

23.60.306 Prohibited uses in the CP Environment.

The following uses shall be prohibited as principal or accessory uses in the CP Environment:

A. Residential uses;

B. Commercial uses including accessory parking;

C. Utility uses, except utility lines;

D. Manufacturing uses;

E. High-impact uses;

F. Institutional uses except permitted shoreline recreational uses;

G. Public facilities not authorized pursuant to Section 23.60.308;

H. Shoreline recreation uses except underwater diving areas or reefs, bicycle and pedestrian paths and viewpoints;

I. Agricultural uses except aquaculture;

J. The following protective structures:

1. Bulkheads on Class I beaches, and

2. Groins and similar structures that block the flow of sand to adjacent beaches, except drift sills or other structures that are part of a natural beach protection system; and

K. Landfill that creates dry land except as part of wildlife or fisheries habitat.

(Ord. 122310, § 2, 2006; Ord. 118663 § 4, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.308 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.302 and 23.60.304 shall also be permitted as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.302 and 23.60.304 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.302 and 23.60.304 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 5, 1997.)

Part 2 Development Standards

23.60.330 Development standards in the CP Environment.

All developments in the Conservancy Protection Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.332 Natural area protection in the CP Environment.

A. Developments in the CP Environment shall be located and designed to minimize adverse impacts to natural areas of biological or geological significance and to enhance the enjoyment by the public of those natural areas.

B. Development in critical natural areas shall be minimized. Critical areas include: Salt or fresh water marshes, swamps, bogs, eel grass areas, kelp beds, streams, fish spawning areas and other habitats.

(Ord. 113466 § 2(part), 1987.)

23.60.334 Height in the CP Environment.

The maximum height in the CP Environment shall be fifteen (15) feet.

(Ord. 113466 § 2(part), 1987.)

Subchapter VII
The Conservancy Recreation Environment

Part 1 Uses

23.60.360 Uses permitted outright in the CR Environment.

The following uses shall be permitted outright in the Conservancy Recreation Environment as either principal or accessory uses:

A. Shoreline recreation uses except auto-trailered boat launching ramps; and

B. Aquaculture.

(Ord. 116325 § 3, 1992: Ord. 113466 § 2(part), 1987.)

23.60.362 Accessory uses permitted outright in the CR Environment.

The following uses and structures are permitted outright in the CR Environment as accessory to permitted uses:

A. Piers and floats accessory to residences permitted by Section 23.60.360 A or to residences on adjacent land designated UR.

(Ord. 113466 § 2(part), 1987.)

23.60.364 Special uses in the CR Environment.

The following uses may be authorized in the CR Environment by the Director as either principal or accessory uses if the special use criteria of Section 23.60.032 are satisfied:

A. Streets necessary to serve shoreline lots;

B. Railroads and bridges;

C. Utility lines if no reasonable alternative location exists;

D. The following protective structures:

1. Natural beach protection,

2. Bulkheads to support a water-dependent or water-related use and any accessory use thereto, to enclose a permitted landfill area or to prevent erosion on Class II or Class III beaches when natural beach protection is not a practical alternative;

E. Dredging necessary for water-dependent uses, installation of utility lines or creation of wildlife or fisheries habitat as mitigation or enhancement; and

F. The following types of landfill:

1. Landfill on dry land, where necessary to construct permitted uses and structures,

2. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement, and

3. Landfill on submerged land which does not create dry land, where necessary for the installation of utility lines.

(Ord. 113466 § 2(part), 1987.)

23.60.365 Administrative conditional uses in the CR Environment.

The following uses may be authorized by the Director, with the concurrence of the Department of Ecology, as principal or accessory use, if the criteria for administrative conditional uses in WAC 173-27-160 are satisfied:

A. Single-family dwelling units constructed partially or wholly over water and meeting the following conditions:

1. If located on a residentially zoned and privately owned lot established in the public records of the County or City prior to March 1, 1977 by deed, contract of sale, mortgage, platting, property tax segregation or building permit; and

2. If the lot has less than thirty (30) feet but at least fifteen (15) feet of dry land calculated as provided for in measurements Section 23.60.956; and

3. If the development is limited to the dry-land portion of the site, to the greatest extent possible, and particularly to the most level and stable portions of the dry-land area.

B. Development standards of the underlying zone applicable to the single-family use in a CR environment may be waived or modified by the Director to minimize the amount of development over submerged lands.

C. The following uses may be authorized in the CR Environment either as principal or accessory uses:

1. The following uses when associated with a public park:

a. Small craft center,

b. Boat launching ramp for auto-trailered boats,

c. The following non-water-dependent commercial uses:

(1) Sale and rental of small boats, boat parts and accessories,

(2) General sales and services,

(3) Major durables retail sales, and

(4) Eating and drinking establishments;

2. Community yacht, boat and beach clubs when:

a. No eating and drinking establishments are included in the use,

b. No more than one (1) pier or float is included in the use, and

c. Any accessory pier or float meets the standards of Section 23.60.204 for piers and floats accessory to residential development.

(Ord. 122310, § 3, 2006; Ord. 118793 § 23, 1997; Ord. 118663 § 6, 1997: Ord. 116325 § 4, 1992.)

23.60.368 Prohibited uses in the CR Environment.

The following uses shall be prohibited as principal uses in the CR Environment:

A. Residential uses except those permitted by Section 23.60.365 A;

B. Commercial uses except those specifically permitted by Section 23.60.365 C;

C. Utility uses except utility lines;

D. Manufacturing uses;

E. High-impact uses;

F. Institutional uses except community clubs meeting the criteria of Section 23.60.365 C;

G. Public facilities not authorized pursuant to Section 23.60.370;

H. Parks and open space uses except shoreline recreation uses permitted by Section 23.60.360 A;

I. Agricultural uses except aquaculture;

J. The following shoreline protective structures:

1. Groins and similar structures that block the flow of sand to adjacent beaches, except drift sills or other structures that are part of a natural beach protection system, and

2. Bulkheads on Class I beaches; and

K. Landfill that creates dry land except as part of habitat mitigation or enhancement.

(Ord. 122310, § 4, 2006; Ord. 118663 § 8, 1997; Ord. 117571 § 3, 1995; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.370 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.360 through 23.60.365 shall also be permitted outright, as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable development standards, special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.360 through 23.60.365 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.364 through 23.60.365 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 9, 1997.)

Part 2 Development Standards

23.60.390 Development standards in the CR Environment.

All developments in the Conservancy Recreation Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.392 Natural area protection in the CR Environment.

A. All developments in the CR Environment shall be located and designed to minimize adverse impacts to natural areas of biological or geological significance and to enhance the enjoyment by the public of those natural areas.

B. Development in critical natural areas shall be minimized. Critical areas include: Salt or fresh water marshes, swamps, bogs, eel grass areas, kelp beds, streams, fish spawning areas and other habitats.

(Ord. 113466 § 2(part), 1987.)

23.60.394 Height in the CR Environment.

A. The maximum height permitted outright in the CR Environment shall be fifteen (15) feet except as modified by subsections C through E of this section.

B. The maximum height permitted as an administrative conditional use shall be thirty (30) feet except as modified in subsections C through E.

C. Pitched Roofs. The ridge of pitched roofs on principal structures may extend five (5) feet above the height permitted in subsection A or B above. All parts of the roof above the height limit must be pitched at a rate of not less than three to twelve (3:12). No portion of a shed roof shall be permitted to extend beyond the height limit under this provision.

D. Rooftop Features.

1. Radio and television receiving antennas, flagpoles and chimneys may extend ten (10) feet above the maximum height limit.

2. Open railings, planters, skylights, clerestories, monitors, greenhouses, solar collectors, parapets and firewalls may extend four (4) feet above the maximum height limit.

E. Bridges. Bridges may extend above the maximum height limits.

(Ord. 120927 § 1, 2002; Ord. 116325 § 5, 1992; Ord. 113466 § 2(part), 1987.)

23.60.396 Lot coverage in the CR Environment.

A. Lot Coverage Regulations. Structures, including floats and piers, shall not occupy more than thirty-five (35) percent of a waterfront lot located in the CR Environment except as modified by subsection B.

B. Lot Coverage Exceptions. On single-family zoned lots, the maximum lot coverage permitted for principal and accessory structures shall not exceed thirty-five (35) percent of the lot area or one thousand seven hundred fifty (1,750) square feet, whichever is greater.

(Ord. 113466 § 2(part), 1987.)

23.60.398 View corridors in the CR Environment.

A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all waterfront lots except those developed with single-family dwellings.

(Ord. 113466 § 2(part), 1987.)

23.60.400 Regulated public access in the CR Environment.

A. Public Property. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on all publicly owned and publicly controlled waterfront property whether leased to private lessees or not, except where the property is submerged land which does not abut dry land.

B. Private Property.

1. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on privately owned waterfront lots for the following developments:

a. Multifamily residential developments containing more than four (4) units with more than one hundred (100) feet of shoreline, except when located on salt water shorelines where public access from a street is available within six hundred (600) feet of the proposed development; and

b. Other nonresidential non-water-dependent developments.

2. Water-dependent uses and water-related uses located on private property are not required to provide public access.

C. Utilities. Regulated public access shall be provided on utility-owned or controlled property within the Shoreline District.

(Ord. 113466 § 2(part), 1987.)

Subchapter VIII
The Conservancy Management Environment

Part 1 Uses

23.60.420 Uses permitted outright on waterfront lots in the CM Environment.

The following uses shall be permitted outright on waterfront lots in the Conservancy Management Environment as either principal or accessory uses:

A. Utilities:

1. Utility lines, and

2. Utility service uses whose operations require a shoreline location, excluding communication utilities;

B. Existing yacht, boat and beach clubs;

C. Shoreline recreation;

D. Aquaculture.

(Ord. 120927 § 2, 2002; Ord. 113466 § 2(part), 1987.)

23.60.422 Accessory uses permitted outright in the CM Environment.

The following uses and structures are permitted outright in the CM Environment as accessory to permitted uses:

A. Piers and floats accessory to residential uses permitted on adjacent UR land.

(Ord. 113466 § 2(part), 1987.)

23.60.424 Special uses permitted on waterfront lots in the CM Environment.

The following uses may be authorized by the Director on waterfront lots in the CM Environment as either principal or accessory uses if the special use criteria in Section 23.60.032 are satisfied:

A. The following commercial uses:

1. Sale or rental of large boats,

2. Marine service station, and

3. Vessel repair, minor;

B. The following transportation facility uses:

1. Recreational marina,

2. Dry boat storage,

3. Water-dependent passenger terminals, provided that the impact of terminal operation on adjacent residential neighborhoods and streets can be mitigated, and

4. Airports, water-based;

C. Streets;

D. Bridges;

E. Expansion of existing sewage treatment plants, not including expansion for additional treatment capacity or the addition of a new treatment level;

F. Public facilities, water-dependent or water-related;

G. The following institutional uses:

1. New yacht, boat and beach clubs,

2. Institute for advanced study, water-dependent or water-related,

3. Museum, water-dependent or water-related, and

4. Shoreline recreation accessory to a school, college or university;

H. The following shoreline protective structures:

1. Natural beach protection, and

2. Bulkheads to support a water-dependent or water-related use, or to enclose a permitted landfill area, or to prevent erosion on Class II or Class III beaches when natural beach protection is not a practical alternative;

I. Dredging, when the dredging is necessary for a water-dependent or water-related use;

J. The following types of landfill:

1. Landfill on submerged lands that does not create dry land, if necessary for a water-dependent or water-related use or for the installation of a bridge or utility line,

2. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement, and

3. Landfill on submerged land that creates dry land:

a. When the dry land is necessary for a water-dependent or water-related use, and

b. If more than two (2) square yards of dry land per linear yard of shoreline is created, the landfill meets the following additional criteria:

(1) No reasonable alternative to the landfill exists,

(2) The development provides a clear public benefit, and

(3) The landfill site is not located in Lake Union or Portage Bay.

(Ord. 122310, § 5, 2006; Ord. 113674 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.426 Conditional uses permitted in the CM Environment.

The following uses may be authorized in the CM Environment by the Director, with the concurrence of the Department of Ecology, as principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. Non-water-dependent commercial uses associated with a recreational marina:

1. The following uses associated with a recreational marina may be permitted when meeting the criteria in subsection A2:

a. Sale and rental of small boats, boat parts and accessories, and

b. Eating and drinking establishments;

2. a. The use is associated with a recreational marina with at least nine thousand (9,000) lineal feet of moorage,

b. The size and location of the use will not restrict efficient use of the site for water-dependent recreation or public access, and

c. The use is located on dry land, provided the use may be located over water if the lot has a depth of less than fifty (50) feet and a dry land location is not feasible;

B. Non-water-dependent commercial uses on historic ships:

1. The following uses may be permitted on an historic ship when meeting the criteria in subsection B2:

a. Sale and rental of small boats, boat parts and accessories,

b. General sales and services,

c. Major durables retail sales, and

d. Eating and drinking establishments.

2. a. The use is located on a ship designated as historic by the Landmarks Preservation Board or listed on the National Register of Historic Places,

b. The use is compatible with the existing design and/or construction of the ship without significant alteration,

c. Other uses permitted outright or as special uses are not practical because of ship design or such uses cannot provide adequate financial support necessary to sustain the ship in a reasonably good physical condition,

d. A Certificate of Approval has been obtained from the Landmarks Preservation Board, and

e. No other historic ship containing restaurant or retail uses is located within one-half ( 1/2) mile of the proposed site;

C. Non-water-dependent commercial uses associated with a public park:

1. The following uses associated with a public park may be permitted when meeting the criteria of subsection C2:

a. Sale and rental of small boats, boat parts and accessories,

b. General sales and services,

c. Major durables retail sales, and

d. Eating and drinking establishments.

2. a. The use is associated with a public park,

b. The use is located on a lot that does not exceed two thousand four hundred (2,400) square feet in area, and

c. All personal and household goods sold or rented are for use on the lot or immediate adjacent waters.

(Ord. 122310, § 6, 2006; Ord. 118793 § 25, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.428 Council conditional uses in the CM Environment.

Expansion of existing sewage treatment plants in the CM Environment to add capacity or a new treatment level may be authorized by the Council according to the procedures of Section 23.60.068 when:

A. A determination has been made, according to the process established in Section 23.60.066, Procedure for determination of feasible or reasonable alternative locations, that no feasible alternative exists to expanding the plant in the CM Environment. The determination as to feasibility shall be based upon the Shoreline Goals and Policies, the Shoreline Management Act, as amended, and a full consideration of the environmental, social and economic impacts on the community;

B. Public access is provided along the entire length of the shoreline except for any portion occupied by barge loading and unloading facilities to serve the plant. Public access shall be most important along views of the water and any other significant shoreline element; and

C. All reasonable mitigation measures to protect views and to control odors, noise, traffic and other impacts on the natural and manmade environment are required.

(Ord. 118793 § 26, 1997; Ord. 113466 § 2(part), 1987.)

23.60.430 Prohibited principal uses on waterfront lots in the CM Environment.

The following uses are prohibited as principal uses on waterfront lots in the CM Environment:

A. Residential uses;

B. The following commercial uses:

1. Vessel repair, major,

2. Sale and rental of small boats, boat parts and accessories except when permitted as a conditional use,

3. General sales and services except when permitted as a conditional use,

4. Medical services,

5. Animal shelters and kennels,

6. Automotive sales and services,

7. Eating and drinking establishments except when permitted as a conditional use,

8. Lodging,

9. Heavy sales and services except major durables retail sales when permitted as a conditional use,

10. Offices,

11. Entertainment uses,

12. Research and development laboratories, and

13. Food processing and craft work uses;

C. The following transportation facilities uses:

1. Commercial moorage,

2. Tugboat services,

3. Principal use parking,

4. Vehicle storage and maintenance,

5. Non-water-dependent passenger terminals,

6. Cargo terminals,

7. Helistops and heliports, and

8. Land-based airports;

D. Railroads;

E. The following utilities:

1. Communication utilities,

2. Solid waste management,

3. Power plants,

4. New sewage treatment plants, and

5. Recycling;

F. Storage uses;

G. Manufacturing uses;

H. High-impact uses;

I. Institutional uses except those specifically permitted under Sections 23.60.420 and 23.60.422;

J. Public facilities not authorized pursuant to Section 23.60.436 and those that are non-water-dependent;

K. Parks and open space uses except shoreline recreation;

L. Agricultural uses except aquaculture; and

M. The following shoreline protective structures:

1. Groins and similar structures that block the flow of sand to adjacent beaches, except drift sills or other structures that are part of a natural beach protection system, and

2. Bulkheads on Class I beaches.

(Ord. 122310, § 7, 2006; Ord. 118663 § 10, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.432 Permitted uses on upland lots in the CM Environment.

A. Uses Permitted Outright.

1. All uses permitted on waterfront lots shall also be permitted on upland lots;

2. Additional uses permitted outright:

a. Institutional uses, and

b. Open space uses.

B. Uses Permitted as Special Uses. Uses permitted as special uses on waterfront lots are permitted as special uses on upland lots unless permitted outright.

C. Conditional Uses. Uses permitted as conditional uses on waterfront lots are permitted as conditional uses on upland lots.

(Ord. 113466 § 2(part), 1987.)

23.60.434 Prohibited uses on upland lots in the CM Environment.

All uses prohibited on waterfront lots are also prohibited on upland lots unless specifically permitted in Section 23.60.432.

(Ord. 113466 § 2(part), 1987.)

23.60.436 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to permitted and accessory uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.420 through 23.60.428 shall also be permitted outright, as an accessory use, as a special use, or conditional use, subject to the same use regulations, development standards, accessory use requirements, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City CouncilApproval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable development standards, accessory use requirements, special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted outright, permitted as an accessory use, permitted as a special use, or permitted as a conditional use under Sections 23.60.420 through 23.60.428 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright, permitted as an accessory use, permitted as a special use, or permitted as a conditional use under Sections 23.60.420 through 23.60.428 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology may waive or modify development standards, accessory use requirements, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 11, 1997.)

Part 2 Development Standards

23.60.450 Development standards for the CM Environment.

All developments in the Conservancy Management Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.452 Critical habitat protection in the CM Environment.

All developments in the CM Environment shall be located and designed to minimize disturbance of any critical habitat area. "Critical habitat areas" include salt or fresh water marshes, swamps, bogs, eel grass areas, kelp beds, streams, fish spawning areas, and other habitats.

(Ord. 113466 § 2(part), 1987.)

23.60.454 Height in the CM Environment.

A. Maximum Height. The maximum height in the CM Environment shall be thirty (30) feet, except on Lake Washington where the maximum height for structures over water, including existing single-family residences, shall be fifteen (15) feet, and except as modified in subsections B through E of this section.

B. Pitched Roofs. The ridge of pitched roofs on principal structures may extend up to five (5) feet above the maximum height limit. All parts of the roof above the height limit must be pitched at a rate of not less than three to twelve (3:12). No portion of a shed roof shall be permitted to extend beyond the height limit under this provision.

C. Water-dependent Uses. Cranes, mobile conveyers and similar equipment necessary for the function of water-dependent uses or the servicing of vessels may extend above the maximum height limit.

D. Rooftop Features.

1. Radio and television receiving aerials, flagpoles, chimneys and religious symbols for religious institutions, are exempt from height limits, except as regulated in Chapter 23.64, Airport Height Overlay District, provided such features are:

a. No closer to any adjoining lot line than fifty (50) percent of their height above existing grade; or

b. If attached only to the roof, no closer to any adjoining lot line than fifty (50) percent of their height above the roof portion where attached.

2. Open railings, skylights, clerestories, monitors, solar collectors, parapets and firewalls may extend four (4) feet above the maximum height limit.

E. Bridges. Bridges may extend above the maximum height limit.

(Ord. 120117 § 43, 2000; Ord. 113466 § 2(part), 1987.)

23.60.456 Lot coverage in the CM Environment.

A. Structures, including floats and piers, shall not occupy more than thirty-five (35) percent of a waterfront lot or an upland lot except as modified by subsection B.

B. Lot Coverage Exceptions. On single-family zoned lots, the maximum lot coverage permitted for principal and accessory structures shall not exceed thirty-five (35) percent of the lot area or one thousand seven hundred fifty (1,750) square feet, whichever is greater.

(Ord. 113466 § 2(part), 1987.)

23.60.458 View corridors in the CM Environment.

A. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all waterfront lots and on any upland through lot separated from a waterfront lot designated CM, CR, CP or CN by a street or railroad right-of-way.

B. The following uses may be located in a required view corridor:

1. Open wet moorage;

2. Storage of boats undergoing repair; and

3. Parking which meets the criteria of subsection B3 of Section 23.60.162, View corridors.

(Ord. 113466 § 2(part), 1987.)

23.60.460 Regulated public access in the CM Environment.

A. Public Property. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on all publicly owned and publicly controlled waterfront whether leased to private lessees or not, except when the property is submerged land which does not abut dry land.

B. Private Property.

1. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on privately owned waterfront lots for the following developments:

a. Marinas, except as exempted in Section 23.60.200 E;

b. Non-water-dependent uses, except those located on private lots in Lake Union which have a front lot line of less than one hundred (100) feet in length measured at the upland street frontage generally parallel to the water edge and which abut upon a street or waterway providing public access.

2. Water-dependent uses other than marinas and water-related uses located on private property are not required to provide public access.

C. Utilities. Regulated public access shall be provided on utility-owned or controlled property within the Shoreline District.

(Ord. 113466 § 2(part), 1987.)

Subchapter IX
The Conservancy Waterway Environment

Part 1 Uses

23.60.480 General provisions.

A. Public and nonprofit uses may be permitted as principal uses in the Conservancy Waterway Environment. All other uses shall be permitted only when either accessory to or associated with abutting uses.

B. Uses permitted in the CW Environment shall also meet the use standards of abutting waterfront shoreline environments. Uses may also require separate approval from the Washington Department of Natural Resources.

(Ord. 113764 § 1(part), 1987: Ord. 113466 § 2(part), 1987.)

23.60.482 Uses permitted outright in the CW Environment.

The following uses are permitted outright in the CW Environment:

Pedestrian bridges that provide public access along or across the waterway when they connect parts of a public park.

(Ord. 122072 § 1, 2006; Ord. 113466 § 2(part), 1987.)

23.60.484 Special uses in the CW Environment.

The following uses may be authorized in the CW Environment by the Director if the special use criteria of Section 23.60.032 are satisfied:

A. Community yacht, boat and beach clubs;

B. Shoreline recreation;

C. The following commercial uses:

1. Vessel repair, minor, and

2. Rental of boats;

D. The following transportation facility uses:

1. Commercial moorage,

2. Tugboat services, and

3. Airport, water-based;

E. Museum, water-dependent;

F. Public facilities, water-dependent or water-related;

G. Shoreline protective structures;

H. Utility lines, excluding communication utilities;

I. Dredging necessary to maintain or improve navigation channels, to install utility lines or for a water-dependent or water-related use; and

J. Landfill that does not create dry land.

(Ord. 122310, § 8, 2006; Ord. 120927 § 3, 2002; Ord. 113466 § 2(part), 1987.)

23.60.486 Conditional uses in the CW Environment.

The following uses may be authorized in the CW Environment by the Director with the concurrence of the Department of Ecology as principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. Commercial uses:

1. Vessel repair, major, of historic ships;

B. Non-water-dependent commercial uses on historic ships:

1. The following uses may be permitted on an historic ship when meeting the criteria in subsection B2:

a. Sale and rental of small boats, boat parts and accessories,

b. General sales and services,

c. Major durables retail sales, and

d. Eating and drinking establishments;

2. a. The ship is designated as historic by the Landmarks Preservation Board or listed on the National Register of Historical Places,

b. The use is compatible with the existing design and/or construction of the ship without significant alteration,

c. Other uses permitted outright are impractical because of ship design or such uses cannot provide adequate financial support to sustain the ship in a reasonably good physical condition,

d. A certificate of approval has been obtained from the Landmarks Preservation Board, and

e. No other historic ship containing restaurant or retail uses is located within one-half ( 1/2) mile of the proposed site.

(Ord. 122310, § 9, 2006; Ord. 118793 § 27, 1997; Ord. 113466 § 2(part), 1987.)

23.60.488 Prohibited uses in the CW Environment.

The following uses shall be prohibited as principal and accessory uses in the CW Environment:

A. The following commercial uses:

1. Marine service station,

2. Sale of large boats,

3. Sale and rental of small boats, boat parts and accessories,

4. All non-water-dependent commercial uses except those permitted on historic ships, and

5. Vessel repair, major, except of historic ships;

B. The following transportation facility uses:

1. Dry boat storage, and

2. Recreational marina;

C. Residential uses;

D. Institutional uses not permitted above;

E. Manufacturing uses;

F. Agricultural uses;

G. Utility uses, except utility lines;

H. High-impact uses; and

I. Landfill on submerged land that creates dry land.

(Ord. 122310, § 10, 2006; Ord. 120927 § 4, 2002; Ord. 113466 § 2(part), 1987.)

23.60.490 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.484 through 23.60.486 shall also be permitted as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.484 through 23.60.486 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted as a special use or permitted as a conditional use under Sections 23.60.484 through 23.60.486 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 12, 1997.)

Part 2 Development Standards

23.60.510 Development standards in the CW Environment.

All developments in the Conservancy Waterway Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.512 Temporary structures.

A. All structures in waterways shall be floating except as permitted in subsections B and C of this section.

B. Piling and dolphins may be permitted in waterways to secure floating structures only if the structures cannot be safely secured with anchors, or with pilings or dolphins located outside of the waterway.

C. Public access improvements including structures may be permitted on dry land portions of waterways.

(Ord. 113466 § 2(part), 1987.)

23.60.514 Height.

The height of structures permitted in waterways shall be fifteen (15) feet.

(Ord. 113466 § 2(part), 1987.)

23.60.516 Lot coverage.

Structures shall not occupy more than thirty-five (35) percent of the entire waterway nor more than forty (40) percent of the width of the waterway.

(Ord. 113466 § 2(part), 1987.)

23.60.518 View corridors.

A view corridor or corridors of not less than fifty (50) percent of the width of the waterway shall be provided and maintained for all developments.

(Ord. 113466 § 2(part), 1987.)

23.60.520 Public access.

A. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on all waterways.

B. An open water area with a width of not less than fifty (50) feet for the length of the waterway shall be provided and maintained on all waterways to provide access for public navigation. The location of the open water area shall be determined by the Director.

(Ord. 113466 § 2(part), 1987.)

Subchapter X
The Urban Residential Environment

Part 1 Uses

23.60.540 Uses permitted outright on waterfront lots in the UR Environment.

The following uses shall be permitted outright on waterfront lots in the Urban Residential Environment as either principal or accessory uses:

A. The following residential uses:

1. Floating home moorage in Lake Union or Portage Bay,

2. Single-family and multifamily residences, and

3. Congregate residences and nursing homes;

B. Streets;

C. Bridges;

D. Railroads;

E. The following utilities:

1. Utility lines, and

2. Utility service uses whose operations require a shoreline location; and

F. Shoreline recreation uses.

(Ord. 118793 § 28, 1997: Ord. 113466 § 2(part), 1987.)

23.60.542 Special uses permitted on waterfront lots in the UR Environment.

The following uses may be authorized on waterfront lots in the UR Environment by the Director as either principal or accessory uses if the special use criteria in Section 23.60.032 are satisfied:

A. The following institutional uses:

1. Community center that provides shoreline recreation, and

2. Community yacht, boat, and beach clubs;

B. The following shoreline protective structures:

1. Natural beach protection, and

2. Bulkheads to support a water-dependent or water-related use, to enclose a permitted landfill area, or to prevent erosion on Class II or Class III beaches, when natural beach protection is not a practical alternative;

C. Dredging when necessary for water-dependent or water-related uses;

D. The following types of landfill:

1. Landfill on dry land where necessary for a permitted use and as part of an approved development,

2. Landfill on submerged lands which does not create dry land where necessary for a water-dependent or water-related use or for the installation of a bridge or utility line,

3. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement, and

4. Landfill on submerged land which creates dry land where necessary for a water-dependent or water-related use, provided that if more than two (2) square yards of dry land per lineal yard of shoreline is created, the landfill meets the following additional criteria:

a. No reasonable alternative to the landfill exists,

b. The landfill provides a clear public benefit, and

c. The landfill site is not located in Lake Union or Portage Bay.

(Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.544 Prohibited uses on waterfront lots in the UR Environment.

The following uses shall be prohibited as principal uses on waterfront lots in the UR Environment:

A. Commercial uses;

B. Transportation facility uses;

C. Storage uses;

D. The following utilities:

1. Major and minor communication utilities,

2. Solid waste management,

3. Power plants,

4. Sewage treatment plants, and

5. Recycling;

E. Manufacturing uses;

F. High-impact uses;

G. The following institutional uses:

1. Institutions, non-water-dependent,

2. Private yacht, boat and beach clubs;

H. Public facilities not authorized pursuant to Section 23.60.550;

I. Agricultural uses;

J. Parks and open space uses except shoreline recreation;

K. The following shoreline protective structures:

1. Groins and similar structures that block the flow of sand to adjacent beaches, except drift sills or other structures that are part of a natural beach protection system, and

2. Bulkheads on Class I beaches.

(Ord. 122310, § 11, 2006; Ord. 120927 § 5, 2002; Ord. 118663 § 13, 1997; Ord. 118415 § 2, 1996; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.546 Permitted uses on upland lots in the UR Environment.

A. Uses permitted outright in the UR Environment:

1. Uses permitted outright on waterfront lots are permitted outright on upland lots;

2. Additional uses permitted outright:

a. Institutional uses, and

b. Open space uses.

B. Uses permitted as special uses on waterfront lots are permitted as special uses on upland lots unless permitted outright.

(Ord. 113466 § 2(part), 1987.)

23.60.548 Prohibited uses on upland lots in the UR Environment.

All uses prohibited on waterfront lots are prohibited on upland lots unless specifically permitted in Section 23.60.546.

(Ord. 113466 § 2(part), 1987.)

23.60.550 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted outright or permitted as a special use under Sections 23.60.540 through 23.60.542 shall also be permitted outright or as a special use, subject to the same use regulations, development standards, and special use requirements that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable development standards or special use requirements for those uses in public facilities that are similar to uses permitted outright or permitted as a special use under Sections 23.60.540 through 23.60.542 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a special use under Sections 23.60.540 through 23.60.542 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards or special use requirements according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 14, 1997.)

Part 2 Development Standards

23.60.570 Development standards for the UR Environment.

All development in the Urban Residential Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.572 Height in the UR Environment.

A. Maximum Height. The maximum height in the UR Environment shall be thirty (30) feet except as modified by subsections B through E of this section.

B. The maximum height on upland lots on Harbor Avenue Southwest and Alki Avenue Southwest from Southwest Leon Place to 59th Avenue Southwest shall be sixty (60) feet.

C. Pitched Roofs. The ridge of pitched roofs on principal structures may extend five (5) feet above the maximum height established in subsection A or B above. All parts of the roof above the maximum must be pitched at a rate of not less than three to twelve (3:12). No portion of a shed roof shall be permitted to extend beyond the maximum height limit under this provision.

D. Rooftop Features.

1. Radio and television receiving antennas, flagpoles, and religious symbols for religious institutions are exempt from the height limit, except as regulated in Chapter 23.64, Airport Height Overlay District, provided such features are:

a. No closer to any adjoining lot line than fifty (50) percent of their height above existing grade; or

b. If attached only to the roof, no closer to any adjoining lot line than fifty (50) percent of their height above the roof portion where attached.

2. Open railings, planters, skylights, clerestories, monitors, solar greenhouses, parapets, and firewalls may extend four (4) feet above the maximum height.

3. The following rooftop features may extend ten (10) feet above the maximum height, so long as the combined total coverage of all features does not exceed fifteen (15) percent of the roof area or twenty (20) percent of the roof area if the total includes screened mechanical equipment:

a. Stair and elevator penthouses;

b. Mechanical equipment;

c. Play equipment and open-mesh fencing which encloses it, so long as the fencing is at least five (5) feet from the roof edge; and

d. Chimneys.

E. Bridges. Bridges may extend above the maximum height limit.

(Ord. 120927 § 6, 2002; Ord. 120117 § 44, 2000; Ord. 113466 § 2(part), 1987.)

23.60.574 Lot coverage in the UR Environment.

A. Structures including floats and piers shall not occupy more than thirty-five (35) percent of a waterfront lot or an upland lot except as modified in subsection B.

B. Lot Coverage Exceptions.

1. Floating home moorages shall meet the lot coverage provisions in Section 23.60.196, Floating homes.

2. On single-family zoned lots the maximum lot coverage permitted for principal and accessory structures shall not exceed thirty-five (35) percent of the lot area or one thousand seven hundred fifty (1,750) square feet, whichever is greater.

3. On the dry-land portion of a lot where some portion of a proposed structure will be placed below the grade existing prior to construction, those portions of the structure which are less than eighteen (18) inches above original grade shall not be included in lot coverage.

4. On multifamily zoned lots, the lot coverage percentage of the underlying zone shall apply.

(Ord. 118793 § 29, 1997: Ord. 113466 § 2(part), 1987.)

23.60.576 View corridors in the UR Environment.

A. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all waterfront lots and on any upland through lot separated from a waterfront lot designated CM, CR, CP or CH by a street or railroad right-of-way.

B. View corridors are not required for single-family dwelling units.

C. The following may be located in a required view corridor:

1. Open wet moorage;

2. Storage of boats undergoing repair;

3. Parking which meets the criteria of subsection B3 of Section 23.60.162, View corridors.

(Ord. 113466 § 2(part), 1987.)

23.60.578 Regulated public access.

A. Public Property. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on all publicly owned and publicly controlled waterfront whether leased to private lessees or not, except harbor areas, shorelands, tidelands, and beds of navigable waters not abutting dry land.

B. Private Property.

1. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on privately owned waterfront lots for the following developments:

a. Multifamily residential developments of more than four (4) units with more than seventy-five (75) feet of shoreline, except when located on salt water shorelines where public access from a street is available within six hundred (600) feet of the proposed development;

b. Other nonwater-dependent uses except those located on private lots in the Lake Union area with a front lot line of less than one hundred (100) feet in length, measured at the upland street frontage generally parallel to the water edge, that abut a street and/or waterway provides public access; and

c. Marinas, except as exempted by Section 23.60.200 E.

2. The following uses are not required to provide public access on private lots:

a. Water-dependent uses other than marinas and water-related uses; and

b. Residential uses of fewer than five (5) units.

C. Utilities. Regulated public access shall be provided on utility-owned or controlled property within the Shoreline District.

(Ord. 113466 § 2(part), 1987.)

Subchapter XI
The Urban Stable Environment

Part 1 Uses

23.60.600 Uses permitted outright on waterfront lots in the US Environment.

The following uses shall be permitted outright on waterfront lots in the Urban Stable environment as either principal or accessory uses:

A. The following residential uses:

1. Residences on dry land when the underlying zoning is Residential Commercial (RC) and when the residential use is located above the ground floor of a structure containing nonresidential uses on the ground floor,

2. Existing residences on dry land provided there is no increase in the number of units,

3. Existing over-water single-family residences provided there is no additional water coverage, and

4. Floating home moorages or the expansion of floating home moorages, when:

a. Located in Lake Union or Portage Bay,

b. Occupied solely by no more than two (2) existing floating homes as defined in subsection A4 of Section 23.60.196, under any of the following conditions:

(1) The floating homes have been evicted from other moorage pursuant to the provisions of subsections E, G or H of Section 7.20.040, Seattle Municipal Code, or

(2) The floating homes have been relocated from other moorage pursuant to a settlement agreement entered into prior to April 1, 1987 between a moorage owner and a tenant floating-home owner arising out of a legal action for eviction,

c. No more than one (1) such moorage or moorage expansion is permitted per lot established as of April 1, 1987, and

d. The moorage is added to a recreational marina, commercial moorage, or floating home moorage existing as of December 31, 1987;

B. The following commercial uses:

1. Marine sales and services,

2. Food processing, water-related, and

3. Wholesale showroom, water-related;

C. Storage uses, water-related;

D. The following transportation facility uses:

1. Passenger terminals, water-dependent,

2. Boat moorage,

3. Dry boat storage, and

4. Tugboat services;

E. 1. The following non-water-dependent commercial uses on dry land when the requirements of subsection E2 are met:

a. General sales and services,

b. Major durables retail sales,

c. Eating and drinking establishments,

d. Offices outside the Lake Union area,

e. Offices in the Lake Union area above the ground floor of a structure when permitted uses other than office or residential uses occupy the ground-floor level, and parking on the ground-floor level is limited to required parking,

f. Entertainment uses, and

g. Custom and craft work,

2. The uses listed in subsection E1 shall be permitted when a water- dependent use occupies forty (40) percent of the dry-land portion of the lot or the development provides one (1) or more of the following facilities or amenities in addition to regulated public access:

a. Facilities for the moorage, restoration, or reconstruction of one (1) or more historic vessels,

b. Terminal facilities for one (1) or more cruise ships, harbor tour boats, or foot passenger ferries,

c. More than five hundred (500) lineal feet of moorage for commercial fishing vessels at rates equivalent to that charged at public moorage facilities,

d. Facilities for a maritime museum or waterfront interpretive center that is a separate nonprofit organization existing at time of application,

e. More than one thousand five hundred (1,500) lineal feet of saltwater moorage for recreational vessels,

f. A major public open space, occupying at least one-third ( 1/3) of the dry-land lot area, that includes a public walkway with benches and picnic tables along the entire water frontage, and connecting public walkways to adjacent sites and any nearby public parks or other public facilities. The Director shall require adequate signed parking for the open space, or

g. Other facilities or amenities similar to those listed above that provide an opportunity for substantial numbers of people to enjoy the shoreline, when approved by the Director;

F. Streets, railroads and bridges;

G. The following utilities:

1. Utility lines,

2. Utility service uses whose operations require a shoreline location, and

3. Minor communication utilities, except freestanding transmission towers;

H. Light and general manufacturing uses, water-dependent or water-related;

I. Water-dependent or water-related institutions or facilities of institutions, except non-water-dependent facilities of yacht, boat and beach clubs;

J. Yacht, boat or beach clubs which have non-water-dependent facilities, provided that such facilities may be located over water only when:

1. The dry-land portion of the lot is less than fifty (50) feet in depth,

2. Location of such facilities on the dry-land portion of the lot is not feasible, and

3. The facilities or amenities required by Section 23.60.600 C are provided;

K. Public facilities, water-dependent or water-related;

L. Open space uses; and

M. Aquaculture.

(Ord. 122771, § 1, 2008; Ord. 122310, § 12, 2006; Ord. 120927 § 7, 2002; Ord. 113466 § 2(part), 1987.)

1. Editor's Note: Chapter 23.60, the Seattle Shoreline Master Program, became effective on December 31, 1987.

23.60.602 Special uses on waterfront lots in the US Environment.

The following uses may be authorized on waterfront lots in the US Environment by the Director as either principal or accessory uses if the special use criteria of Section 23.60.032 are satisfied:

A. Airport, water-based;

B. The following shoreline protective structures:

1. Natural beach protection,

2. Bulkheads necessary to support a water-dependent or water-related use, or to enclose a permitted landfill area, or to prevent erosion, when natural beach protection is not a practical alternative;

C. Dredging, when the dredging is:

1. Necessary for a water-dependent or water-related use,

2. Necessary for the installation of a utility line;

D. The following types of landfill:

1. Landfill on dry land where necessary for a permitted use and as part of an approved development,

2. Landfill on submerged lands which does not create dry land where necessary for a water-dependent or water-related use or for the installation of a bridge or utility line,

3. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement, and

4. Landfill which creates dry land:

a. i. When the dry land is necessary for the operation of a water-dependent or water-related use, and

ii. If more than two (2) square yards of dry land per lineal yard of shoreline is created, the landfill meets the following additional criteria:

(1) No reasonable alternative to the landfill exists,

(2) The landfill provides a clear public benefit, and

(3) The landfill site is not located in Lake Union or Portage Bay.

(Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.604 Conditional uses on waterfront lots in the US Environment.

The following uses may be authorized on waterfront lots in the US Environment by the Director, with the concurrence of the Department of Ecology, as either principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. Residential uses:

1. New single-family and multifamily dwelling units and artist studio dwellings on the dry land portion of the lot when:

a. Not located near uses which are normally incompatible with residential use because of factors such as noise, air and water pollutants, or aesthetic values protected by this chapter,

b. Located above the ground floor of a structure containing nonresidential uses on the ground floor, except that single-family residences along Seaview Avenue Northwest between 34th Avenue Northwest and Northwest 60th Street may be located on the ground floor,

c. Located near other residences on waterfront lots,

d. Not located on a lot or in an area which would make the lot suitable for use by water-dependent or water-related use by having any of the following characteristics:

(1) Existing piers or other structures suitable for use by a water-dependent use,

(2) Adequate amounts of submerged and dry lands, or

(3) Adequate water depth and land slope,

2. Reserved.

3. Floating home moorages in Lake Union or Portage Bay when:

a. After considering the nature and condition of nearby structures and uses the Director determines that the immediate environs are not incompatible with residential use,

b. The residential use will not usurp land better suited to water-dependent, water-related or associated industrial or commercial uses,

c. The structural bulk of the floating home development will not adversely affect surrounding development, and

d. When the floating home development is buffered by distance, screening or an existing recreational marina from adjacent nonresidential uses and vacant lots;

B. The following non-water-dependent uses located over water on lots with a depth of less than fifty (50) feet of dry land:

1. Eating and drinking establishments meeting the criteria of subsection E2 of Section 23.60.600,

2. Marine sales and services,

3. General sales and service uses,

4. Entertainment uses, and

5. Custom and craft work;

C. Non-water-dependent commercial uses on historic ships:

1. The following uses may be permitted on an historic ship when meeting the criteria in subsection C2 below:

a. Sale and rental of small boats, boat parts and accessories,

b. General sales and services,

c. Major durables retail sales, and

d. Eating and drinking establishments.

2. a. The ship is designated as historic by the Landmarks Preservation Board or listed on the National Register of Historical Places,

b. The use is compatible with the existing design and/or construction of the ship without significant alteration,

c. Uses permitted outright are impractical because of the ship design and/or the permitted uses cannot provide adequate financial support necessary to sustain the ship in a reasonably good physical condition,

d. A certificate of approval has been obtained from the Landmarks Preservation Board, and

e. No other historic ship containing restaurant or retail uses is located within one-half ( 1/2) mile of the proposed site.

(Ord. 122310, § 13, 2006; Ord. 119871 § 1, 2000; Ord. 118793 § 30, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.606 Prohibited uses on waterfront lots in the US Environment.

The following uses shall be prohibited as principal uses on waterfront lots in the US environment:

A. New residences over water and residential uses at or below the ground floor, except as permitted as conditional uses pursuant to Section 23.60.604;

B. The following commercial uses:

1. Medical services,

2. Animal shelters and kennels,

3. Pet grooming,

4. Automotive sales and services,

5. Lodging,

6. Food processing, non-water-dependent,

7. Heavy sales and services except water-related wholesale showrooms,

8. Ground-level offices in the Lake Union area,

9. Research and development laboratories, and

10. Off-premises signs;

C. The following transportation facility uses:

1. Parking, principal use,

2. Personal transportation services,

3. Passenger terminals, non-water-dependent,

4. Cargo terminals,

5. Transit vehicle bases,

6. Helistops and heliports, and

7. Airports, land-based;

D. The following manufacturing uses:

1. Light and general manufacturing, non-water-dependent, and

2. Heavy manufacturing uses;

E. High-impact uses;

F. The following utilities:

1. Major communication utilities,

2. Solid waste management,

3. Power plants,

4. Recycling uses,

5. Sewage treatment plants, and

6. Freestanding transmission towers for minor communication utilities;

G. Storage uses;

H. Public facilities not authorized pursuant to Section 23.60.612 and those that are non-water-dependent;

I. Institutional uses, non-water-dependent;

J. Agricultural uses except aquaculture; and

K. Groins and similar structures that block the flow of sand to adjacent beaches, except drift sills or other structures that are part of a natural beach protection system.

(Ord. 122771, § 2, 2008; Ord. 122310, § 14, 2006; Ord. 120927 § 8, 2002; Ord. 118663 § 15, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.608 Permitted uses on upland lots in the US Environment.

A. Uses Permitted Outright.

1. Uses permitted outright on waterfront lots in the US Environment are permitted outright on upland lots and are not subject to the requirements of Section 23.60.600 E to provide special public benefits.

2. Additional uses permitted outright on upland lots:

a. The following residential uses:

(1) Single-family and multifamily residences, and

(2) Congregate residences and nursing homes;

b. The following commercial uses:

(1) Medical services,

(2) Animal shelters and kennels,

(3) Pet grooming,

(4) Automotive sales and service,

(5) Lodging,

(6) Heavy sales and service,

(7) Research and development laboratories, and

(8) Ground-level offices in the Lake Union area;

c. Parking, principal use;

d. Storage uses;

e. Light and general manufacturing uses;

f. Institutional uses; and

g. Public facilities.

B. Uses Permitted as Special Uses. Uses permitted as special uses on waterfront lots are permitted as special uses on upland lots.

(Ord. 122310, § 15, 2006; Ord. 118793 § 31, 1997; Ord. 113466 § 2(part), 1987.)

23.60.610 Prohibited uses on upland lots in the US Environment.

Uses prohibited on waterfront lots are prohibited on upland lots unless specifically permitted in Section 23.60.608.

(Ord. 113466 § 2(part), 1987.)

23.60.612 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.600 through 23.60.604 shall also be permitted outright, as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable development standards, special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.600 through 23.60.604 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.600 through 23.60.604 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 16, 1997.)

Part 2 Development Standards

23.60.630 Development standards for the US Environment.

All developments in the Urban Stable Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.632 Height in the US Environment.

A. Maximum Height. The maximum heights in the US Environment shall be as follows, as modified in subsections B through E of this section:

1. The maximum height shall be thirty (30) feet in all locations except those listed in subsections A2 through A4;

2. The maximum height on upland lots along Westlake Avenue North shall be as follows:

a. Fremont Bridge to Newton Street-forty (40) feet,

b. South of Newton Street-sixty-five (65) feet.

3. The maximum height on upland lots along Harbor Avenue Southwest between California Way Southwest and Southwest Bronson Way shall be sixty-five (65) feet.

4. The maximum height on upland lots along Seaview Avenue Northwest between Northwest 61st Street and Northwest 62nd Street shall be forty (40) feet.

B. Height Exemptions for Water-Dependent Uses.

1. Floating structures accessory to a water-dependent or water-related use that, by reason of intended use, require additional height may be authorized up to thirty-five (35) feet, with or without a flat roof, by the Director when:

a. Not more than twenty-five (25) percent of the lot area would be at an increased height; and

b. The views of a substantial number of upland residences would not be blocked by the increased height.

2. Water-dependent Uses. Cranes, mobile conveyors, light standards and similar equipment necessary for the function of water-dependent uses or the servicing of vessels may extend above the maximum height limit.

C. Pitched Roofs. In areas with a maximum height limit of thirty (30) or forty (40) feet, the ridge of pitched roofs on principal structures may extend up to five (5) feet above the height permitted. All parts of the roof above the maximum must be pitched at a rate of not less than three to twelve (3:12). No portion of a shed roof shall be permitted to extend beyond the maximum height limit under this provision.

D. Rooftop Features.

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

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

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

a. Solar collectors;

b. Stair and elevator penthouses;

c. Mechanical equipment; and

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

E. Bridges. Bridges may extend above the maximum height limits.

(Ord. 120927 § 9, 2002; Ord. 120117 § 45, 2000; Ord. 113466 § 2(part), 1987.)

23.60.633 Maximum size limits in the US Environment.

Non-water-dependent offices allowed above the ground floor on waterfront lots in the Lake Union area shall be limited in gross floor area to a ratio of one (1) square foot of floor area per one (1) square foot of dry-land lot area (i.e., FAR of one (1)), but shall not exceed a maximum of ten thousand (10,000) square feet.

(Ord. 117571 § 4, 1995: Ord. 116398 § 1, 1992.)

23.60.634 Lot coverage in the US Environment.

A. Waterfront Lots.

1. Structures, including floats and piers, shall not occupy more than fifty (50) percent of the submerged land of any lot.

2. Structures shall not occupy more than fifty (50) percent of the dry land of any lot.

B. Upland Lots.

1. Structures are permitted to occupy one hundred (100) percent of an upland lot except as modified in subsection B2 or C below.

2. On Fairview Avenue East between East Newton Street and the University Bridge, upland lots developed with residential uses and non-water-dependent commercial uses shall not exceed a lot coverage of fifty (50) percent.

C. Lot Coverage Exceptions.

1. On waterfront lots with less than an average of fifty (50) feet of dry land between the ordinary high water mark and the street right-of-way, a maximum lot coverage of sixty-five (65) percent is permitted on the dry-land portion of the lot.

2. On single-family zoned lots the maximum lot coverage permitted for principal and accessory structures shall not exceed thirty-five (35) percent of the lot area or one thousand seven hundred fifty (1,750) square feet, whichever is greater.

3. On the dry-land portion of the lot where some portion of a proposed structure will be placed below the grade existing prior to construction, those portions of the structure which are less than eighteen (18) inches above original grade shall not be included in lot coverage.

(Ord. 113466 § 2(part), 1987.)

23.60.636 View corridors in the US Environment.

A. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all waterfront lots and on any upland through lot separated from a waterfront lot designated CM, CR, CP or CN, by a street or railroad right-of-way.

B. View corridors are not required for single-family residential development.

C. The following may be located in a required view corridor:

1. Open wet moorage;

2. Storage of boats undergoing repair; and

3. Parking which meets the criteria of subsection B3 of Section 23.60.162, View corridors.

D. The required view corridor width shall be reduced to twenty-five (25) percent of the width of the lot when water-dependent or water-related uses occupy more than forty (40) percent of the dry land area of the lot.

E. A view corridor or corridors of not less than sixty-five (65) percent of the width of the lot shall be provided on the waterfront lots fronting on Seaview Avenue Northwest between the north boundary of 38th Avenue Northwest and the south boundary of vacated Northwest 80th Street. The following may be located in the required view corridors:

1. Open wet moorage;

2. Dry boat storage; and

3. Parking for both water-dependent and non-water-dependent uses.

(Ord. 122310, § 16, 2006; Ord. 113466 § 2(part), 1987.)

23.60.638 Regulated public access.

A. Public Property. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained for all publicly owned and publicly controlled waterfront whether leased to private lessees or not, except harbor areas, shorelands, tidelands, and beds of navigable waters not abutting dry land.

B. Private Property.

1. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on privately owned waterfront lots for the following developments:

a. Multifamily residential developments of more than four (4) units with more than one hundred (100) feet of shoreline, except when uses located on salt water shorelines where public access from a street is available within six hundred (600) feet of the proposed development;

b. Developments containing non-water-dependent offices in the Lake Union area;

c. Other non-water-dependent uses, except those on private lots in the Lake Union area with a front lot line of less than one hundred (100) feet in length, measured at the upland street frontage generally parallel to the water edge, that abut a street or waterway providing public access;

d. Marinas, except as exempted by Section 23.60.200 E; and

e. Yacht, boat and beach clubs which have non-water-dependent facilities over water.

2. The following uses are not required to provide public access on private lots:

a. Water-dependent and water-related uses, except yacht, boat and beach clubs which have non-water-dependent facilities over water, and marinas; and

b. Residential uses of fewer than five (5) units.

C. Utilities. Regulated public access shall be provided on utility owned or controlled property within the Shoreline District.

(Ord. 116398 § 2, 1992; Ord. 113466 § 2(part), 1987.)

23.60.640 Location of uses.

A. When a use is permitted only above the ground-floor level,

1. Permitted uses other than residential or office uses shall occupy no less than fifty (50) percent of the ground-floor level;

2. Parking on the ground floor is limited to required parking, and shall not occupy more than fifty (50) percent of the ground-floor level; and

3. All uses located on the ground floor shall be located and designed, as determined by the Director, to encourage public access to the shoreline.

B. Calculation of Ground-floor Level. The ground-floor level shall be that level of a structure having the closest floor level to the average grade of the structure. For a sloping lot, the Director shall determine what constitutes the ground floor, taking into consideration the purpose of subsection A3.

(Ord. 113466 § 2(part), 1987.)

23.60.642 Development between the Pierhead Line and the Construction Limit Line in the US Environment in Lake Union and Portage Bay.

Structures located between the Pierhead Line and the Construction Limit Line shall be limited to piers and floats without accessory buildings, drydocks and existing floating homes at existing floating home moorages.

(Ord. 113764 § 1(part), 1987: Ord. 113466 § 2(part), 1987.)

Subchapter XII
Urban Harborfront Environment

Part 1 Uses

23.60.660 Uses permitted outright on waterfront lots in the UH Environment.

The following uses shall be permitted over water or on dry-land portions of waterfront lots in the Urban Harborfront environment as either principal or accessory uses:

A. The following commercial uses:

1. General sales and services,

2. Marine sales and services,

3. Eating and drinking establishments,

4. Existing hotels, provided that expansion of the hotel use shall be prohibited and expansion only for public access shall be permitted,

5. Offices when located above wharf level,

6. Entertainment uses,

7. Research and development laboratories, water-dependent, and

8. Food processing and craft work uses;

B. The following transportation facilities:

1. Parking over water when accessory to a water-dependent or water- related use,

2. Parking on dry land when accessory to a permitted use,

3. Passenger terminals, water-dependent,

4. Breakbulk cargo terminals,

5. Boat moorage,

6. Dry boat storage, and

7. Tugboat services;

C. Light manufacturing uses, water-dependent or water-related;

D. Streets, railroads and bridges;

E. The following institutions:

1. Institutes for advanced study, water-dependent or water-related,

2. Maritime museums,

3. Colleges that have water-dependent or water-related facilities,

4. Community centers,

5. Vocational schools, water-dependent or water-related,

6. Community yacht, boat, and beach clubs, and

7. Child care centers when located above wharf level;

F. The following public facilities:

1. Public facilities, water-dependent or water-related, and

2. Public facilities that are part of an approved public improvement plan for the Harborfront adopted by the Council;

G. Shoreline Recreation;

H. Aquaculture; and

I. Minor communication utilities, except freestanding transmission towers.

(Ord. 122771, § 3, 2008; Ord. 122310, § 17, 2006; Ord. 120927 § 10, 2002; Ord. 113466 § 2(part), 1987.)

23.60.662 Special uses permitted on waterfront lots in the UH Environment.

The following uses may be authorized over water or on dry-land portions of waterfront lots in the UH Environment by the Director as either principal or accessory uses if the special use criteria of Section 23.60.032 are satisfied:

A. The following utilities:

1. Utility service uses that require a shoreline location, and

2. Utility lines;

B. The following shoreline protective structures:

1. Natural beach protection, and

2. Bulkheads to support a water-dependent or water-related use, or to enclose a permitted landfill area, or to prevent erosion on Class II or Class III beaches, when natural beach protection is not a practical alternative;

C. Dredging when necessary for water-dependent and water-related uses or to install utility lines;

D. The following types of landfill:

1. Landfill on dry land where necessary for a permitted use and as part of an approved development,

2. Landfill on submerged lands which does not create dry land, where necessary for a water-dependent or water-related use or for the installation of a bridge or utility line.

(Ord. 120927 § 11, 2002; Ord. 119929 § 2, 2000: Ord. 113466 § 2(part), 1987.)

23.60.664 Administrative conditional uses permitted on waterfront lots in the UH Environment.

The following uses may be authorized over water or on dry-land portions of waterfront lots in the UH Environment by the Director, with the concurrence of the Department of Ecology, as either principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. The following commercial uses:

1. Wholesale showrooms, and

2. Research and development laboratories, non-water-dependent;

B. The following storage uses:

1. Outdoor storage, water-related or water-dependent, and

2. Warehouses, water-related or water-dependent;

C. Non-water-dependent commercial uses on historic ships:

1. The following uses may be permitted on an historic ship when meeting the criteria in subsection C2 below:

a. Sale and rental of small boats, boat parts and accessories,

b. General sales and services,

c. Major durables retail sales, and

d. Eating and drinking establishments,

2. a. The ship is designated as historic by the Landmarks Preservation Board or listed on the National Register of Historic Places,

b. The use is compatible with the existing design and/or construction of the ship without significant alteration,

c. Uses permitted outright are not practical because of ship design and/or cannot provide adequate financial support necessary to sustain the ship in a reasonably good physical condition,

d. The use shall obtain a certificate of approval from the Landmarks Preservation Board, and

e. No other historic ship containing restaurant or retail uses is located within one-half ( 1/2) mile of the proposed site, unless the proposed site is within the Historic Character Area;

D. Light manufacturing uses, non-water-dependent, that:

1. Are part of a mixed-use development when the light manufacturing uses occupy no more than twenty-five (25) percent of the developed portion of the lot,

2. Contribute to the maritime or tourist character of the area, and

3. Are located to accommodate water-dependent or water-related uses on site;

E. The following non-water-dependent institutions:

1. Institutes for advanced study,

2. Museums,

3. Colleges, and

4. Vocational schools.

(Ord. 122310, § 18, 2006; Ord. 118793 § 32, 1997; Ord. 118663 § 17, 1997: Ord. 116907 § 10, 1993: Ord. 116616 § 9, 1993: Ord. 113466 § 2(part), 1987.)

23.60.666 Council conditional uses permitted on waterfront lots in the UH Environment.

A. Water-dependent Incentive.

1. Developments which include major water-dependent uses may be permitted to increase height and lot coverage and to depart from the other development standards of Part 2 of this subchapter through the Council conditional use process set forth in Section 23.60.068, Procedure for Council conditional use authorization, if the Council finds that such departures would encourage the retention of existing and/or development of new water-dependent uses.

2. The following development standards shall be used as criteria in evaluating projects which include a major water-dependent use:

a. The project may be located in any area of a Downtown Harborfront 1 zone except the Historic Character Area established by Section 23.60.704.

b. Siting of project components shall be designed to facilitate the operation of the water-dependent component(s). Views from Alaskan Way of activity over water and the harbor itself are encouraged, and the frontage of the project on Alaskan Way should contribute to an interesting and inviting pedestrian environment.

c. The area of the project shall be adequate to accommodate the operations of a major water-dependent use suited to a downtown harbor area location.

(1) Area. A minimum of twenty thousand (20,000) square feet or square footage equivalent to twenty (20) percent of the developed lot area, whichever is greater, shall be dedicated to water-dependent use.

(2) Moorage. The moorage required by Section 23.60.700 shall not be calculated as part of the major water-dependent use. Moorage provided in excess of the requirement shall be credited as part of the minimum square footage requirement for water-dependent use.

(3) Lot coverage. An increase in the base lot coverage from fifty (50) percent to a maximum of sixty-five (65) percent may be permitted by the Council. Structures excluding floats permitted by Section 23.60.694 C, shall not occupy more than sixty-five (65) percent of the submerged land and sixty-five (65) percent of the dry land of any lot. To exceed the base lot coverage, development shall be modified to accomplish the following objectives:

(a) Prevent building bulk from being concentrated along the Alaskan Way frontage of the lot;

(b) Promote an overall massing of the pier superstructure to reflect some of the qualities of traditional pier development;

(c) Site view corridors and public access areas to reduce the appearance of building bulk over water; and

(d) Ensure coverage configuration that permits the water abutting the Alaskan Way seawall to be visible so that the seawall will be perceived as the edge of the water.

d. Height. The Council may permit increases in building height up to sixty (60) or seventy-five (75) feet above Alaskan Way in the areas shown on Exhibit 23.60.666. (See Exhibit 23.60.666.) Structure heights of seventy-five (75) feet shall be permitted only on dry-land portions of a lot located inside the Inner Harbor Line. Portions of the structures that are above forty-five (45) feet, as measured from Alaskan Way, shall not occupy more than forty (40) percent of the submerged land and forty (40) percent of the dry land of the lot. Heights above forty-five (45) feet shall not be permitted within one hundred (100) feet of the Outer Harbor Line. To exceed forty-five (45) feet, the development should accomplish the following objectives:

(1) Maintain views from upland public spaces and rights-of-way;

(2) Ensure structure heights that provide a transition to the lower pier structures in the Historic Character Area;

(3) Maintain a structure height along Alaskan Way frontage that is consistent with existing pier development, maximizes solar access to Alaskan Way and establishes a scale of development in keeping with the pedestrian character; and

(4) Provide a transition in height and scale between the waterfront and abutting upland development.

e. Public Access. Public access shall be required according to the following guidelines to ensure access to the water and marine activity without conflicting with the operation of water dependent uses:

(1) Public access shall be provided approximately equivalent to fifteen (15) percent of the lot coverage or five thousand (5,000) square feet, whichever is greater, except as provided in subsection A2e(2)(c) below.

(2) Area designated for public access shall be subject to the following conditions:

(a) Where the water-dependent use will benefit from or is compatible with public access, such as passenger terminals, ferry operations and tour boats, the access shall be provided in conjunction with the water-dependent use;

(b) Where public access would conflict with the operations of the water-dependent use, access requirements may be met on alternative portions of the lot;

(c) Where the entire lot is to be occupied by a water-dependent use, the Council may permit a partial waiver of the public access requirement;

(d) To qualify as public access, an area shall be directly accessible from Alaskan Way and clearly related to public open spaces. Efforts should also be made to physically and visually link public access areas over water with the east/west streets providing links to upland areas;

(e) The public access area shall provide the public with visual and physical access to the shoreline area. Preference shall be given to perimeter access on over-water structures providing maximum exposure to the bay and surrounding activity;

(f) Interpretive features such as displays or special viewing equipment shall be incorporated in public access areas. Maritime museum space which is fully enclosed will not count as public access space;

(g) Up to fifty (50) percent of the total public access area may be covered, provided that at least fifty (50) percent of the perimeter of any covered area is open to views of the water;

(h) A portion of the required public access area, not to exceed fifty (50) percent, may be provided at an elevation exceeding two (2) feet above or below the grade of Alaskan Way. The area must be open to views of the water along at least fifty (50) percent of the perimeter, be easily identifiable as public space and be fully accessible to the public.

f. View Corridors. View corridors shall be provided equivalent to thirty (30) percent of the street frontage of the lot. The following conditions for view corridors shall be met:

(1) View corridors shall allow views of the water from the street. View corridors shall maintain and enhance pedestrian views from Alaskan Way along traditional view corridors established by submerged street rights-of-way, as well as views from upland areas along east/west rights-of-way. View corridors shall provide views past pier development out into the open water of Elliott Bay and to the Olympic Mountains where possible;

(2) View corridors shall maximize opportunities for views of the bay and waterfront activity along Alaskan Way to enhance public open space and public access areas;

(3) View corridors through a development site shall be encouraged to assist in relieving the overall sense of bulk of development over water; and

(4) Overhead weather protection, arcades or other architectural features may extend into the view corridor only if they do not obstruct views from pedestrian areas at Alaskan Way or on upland streets.

B. Helistops may be authorized over water or on dryland portions of waterfront lots in the UH Environment by the City Council according to the procedures of Section 23.60.068, with concurrence of the Department of Ecology, as either principal or accessory uses if both the criteria for conditional uses in WAC 173-27-160 and the following criteria are satisfied:

1. The helistop is for takeoff and landing of helicopters which serve a public safety, news gathering or emergency medical care function, is part of an approved transportation plan and is a public facility, or is part of an approved transportation plan and located at least two thousand (2,000) feet from a residential zone;

2. The helistop is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and on public parks and other areas where substantial public gatherings may be held;

3. The lot is of sufficient size that operations of the helistop and flight paths of helicopters can be buffered from the surrounding area;

4. Open areas and landing pads shall be hardsurfaced; and

5. The helistop meets all federal requirements including those for safety, glide angles and approach lanes.

(Ord. 118663 § 18, 1997: Ord. 118415 § 3, 1996; Ord. 113466 § 2(part), 1987.)

{/PICK;23-60-666;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-60-666.tif;comptd;48p;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.60.668 Prohibited uses on waterfront lots in the UH Environment.

The following uses are prohibited as principal uses on waterfront lots in the UH Environment:

A. Residential uses;

B. The following commercial uses:

1. Medical services,

2. Animal shelters and kennels,

3. Pet grooming,

4. Automotive sales and service,

5. Lodging, except existing hotels,

6. Offices at wharf/street level,

7. Adult motion picture theaters and panorams, and

8. Heavy sales and services except wholesale showrooms and major durables retail sales;

C. The following transportation facilities:

1. Parking, principal use,

2. Personal transportation services,

3. Cargo terminals, except breakbulk,

4. Bus bases,

5. Heliports,

6. Airports, land-based, and

7. Airports, water-based;

D. Mini-warehouses,

E. The following utilities:

1. Solid waste management,

2. Power plants,

3. Sewage treatment plants,

4. Recycling,

5. Major communication utilities, and

6. Freestanding transmission towers for minor communication utilities;

F. General and heavy manufacturing;

G. The following institutional uses:

1. Schools, elementary or secondary,

2. Hospitals,

3. Religious facilities, and

4. Private yacht, boat and beach clubs;

H. Public facilities or projects that are non-water-dependent except those that are part of a public improvement plan for the harborfront adopted by the Council;

I. High-impact uses;

J. Agriculture uses except aquaculture;

K. Groins and similar structures that block the flow of sand to adjacent beaches, except drift sills or other structures that are part of a natural beach protection system; and

L. Landfill that creates dry land.

(Ord. 122310, § 19, 2006; Ord. 120927 § 12, 2002; Ord. 119929 § 3, 2000: Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.670 Permitted uses on upland lots in the UH Environment.

A. Uses Permitted Outright. The following uses shall be permitted outright on upland lots as principal or accessory uses in the UH Environment:

1. Uses permitted outright on waterfront lots in the UH environment;

2. Additional uses permitted outright on upland lots:

a. Residential uses,

b. The following commercial uses:

(1) Heavy sales and services,

(2) Medical services,

(3) Lodging,

(4) Offices at street level,

c. The following transportation facilities,

(1) Parking garages, principal use,

(2) Surface parking areas, principal use,

(3) Personal transportation services,

d. Warehouses,

e. Institutions, and

f. Public facilities.

(Ord. 122310, § 20, 2006; Ord. 113466 § 2(part), 1987.)

23.60.672 Prohibited uses on upland lots in the UH Environment.

Uses prohibited on waterfront lots in the UH environment are also prohibited on upland lots unless specifically permitted in Section 23.60.670.

(Ord. 113466 § 2(part), 1987.)

Part 2 Development Standards

23.60.690 Development standards for the UH Environment.

All developments in the Urban Harborfront Environment shall meet the requirements of Part 2, except when the Water-dependent Incentive Development Standards of Section 23.60.666 apply, as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.692 Height in the UH Environment.

A. Waterfront Lots. The maximum height in the UH Environment shall be forty-five (45) feet except in the Historic Character Area where the maximum height shall be fifty (50) feet tall as measured from Alaskan Way, except as modified by subsection C below.

B. Upland Lots. The maximum height shall be fifty-five (55) feet, sixty-five (65) feet, eighty-five (85) feet, one hundred (100) feet, one hundred twenty-five (125) feet, or one hundred sixty (160) feet, as determined by location on the Official Land Use Map, Chapter 23.32, except as modified by this section.

C. Height Exceptions.

1. Cranes, gantries, mobile conveyors and similar equipment necessary for the functions of marinas, marine manufacturing, permitted commercial, industrial or port activities and servicing of vessels are exempt, provided such structures shall be designed to minimize view obstruction.

2. Flagpoles, masts, and light poles are exempt.

3. Rooftop Features.

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

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

c. The following rooftop features may extend up to fifteen (15) feet above the maximum height, as long as the combined coverage of all features listed in this subsection C3c does not exceed twenty (20) percent of the roof area, or twenty-five (25) percent if the total includes stair or elevator penthouses or screened mechanical equipment:

(1) Solar collectors;

(2) Stair and elevator penthouses;

(3) Mechanical equipment; and

(4) Play equipment and open-mesh fencing, as long as the fencing is at least fifteen (15) feet from the roof edge.

d. Radio and television receiving antennas, excluding dishes; religious symbols for religious institutions; smokestacks and flagpoles may extend up to fifty (50) feet above the roof of the structure on which they are located except as regulated in Chapter 23.64, Airport Height Overlay District, provided they are a minimum of ten (10) feet from all lot lines.

e. Minor communication utilities shall be governed by Section 23.57.013 B2.

4. Bridges. Bridges may exceed the maximum height limits.

(Ord. 120927 § 13, 2002; Ord. 120117 § 46, 2000; Ord. 113466 § 2(part), 1987.)

23.60.694 Lot coverage in the UH Environment.

A. Waterfront Lots.

1. Structures, including floats and piers, shall not occupy more than fifty (50) percent of the submerged land of any lot, except as modified by subsection C below; and

2. Structures shall not occupy more than fifty (50) percent of the dry land of any lot.

B. Upland Lots. Structures may occupy up to one hundred (100) percent of a lot, except as modified by other sections of this subchapter and/or the underlying zoning.

C. Lot Coverage Exceptions. Piers may exceed permitted lot coverage by the addition of floats for open wet moorage. Maximum float size above existing lot coverage or the lot coverage limit, whichever is greater, is thirty-six hundred (3,600) square feet or an area equivalent to twelve (12) feet times the length of the pier, whichever is greater. An additional four hundred (400) square feet of coverage shall be permitted for an access ramp. Existing floats may be increased in size up to this limit.

(Ord. 113466 § 2(part), 1987.)

23.60.696 Side setbacks in the UH Environment.

To facilitate access to moorage as required by Section 23.60.700, a side setback of fifty (50) feet from the nearest lot shall be required of all fixed pier structures, not including moorage floats. One-half ( 1/2) of an adjacent submerged street right-of-way may be used in meeting this requirement.

(Ord. 113466 § 2(part), 1987.)

23.60.698 View corridors in the UH Environment.

A. Waterfront Lots.

1. The following standards shall apply to waterfront lots:

a. A view corridor with a width of not less than thirty (30) percent of the width of the lot, measured at Alaskan Way, shall be provided and maintained;

b. The view corridor may be provided at two (2) locations, provided that each location has a minimum width of twenty (20) feet.

2. The following may be located in a required view corridor:

a. Storage of boats undergoing repair,

b. Open wet moorage, and

c. Outdoor storage of items accessory to water-dependent or water-related use.

3. One-half ( 1/2) of an adjacent submerged street right-of-way may be used in meeting view corridor requirements.

B. Upland Lots. No view corridors are required.

(Ord. 113466 § 2(part), 1987.)

23.60.700 Moorage requirements in the UH Environment.

A. Developments in the UH Environment shall provide moorage on a regular basis either through:

1. Using moorage as an integral part of their operation;

2. Leasing their moorage for use by commercial or recreational watercraft; or

3. Actively advertising the availability of transient moorage.

B. To facilitate moorage, developments shall provide either:

1. Cleats on the two sides of the pier sufficiently strong for the moorage of vessels one hundred (100) feet in length;

2. Floats, for moorage of smaller vessels, that are at least one thousand eight hundred (1,800) square feet with a minimum width of six (6) feet; or

3. Alternative moorage facilities providing an equivalent amount of moorage, as determined by the Director.

C. To facilitate access to moorage, developments shall provide:

1. A pier apron of a minimum width of eighteen (18) feet on each side and the seaward end of the pier or wharf; and

2. Railings and/or ramps designed to permit access to the pier apron or roadway from moored ships and boats.

D. Exception for Marinas. Marinas in the UH Environment shall meet the specific development standards outlined in Section 23.60.200 in lieu of the moorage requirements of this section, and shall provide transient moorage at the rate of forty (40) lineal feet of transient space for each one thousand (1,000) lineal feet of permanent moorage space.

(Ord. 113466 § 2(part), 1987.)

23.60.702 Regulated public access in the UH Environment.

A. Waterfront Lots. The following standards shall apply to waterfront lots except as provided in subsection C below:

1. Public access meeting the criteria of Section 23.60.160 shall be provided for all developments. The amount of public access shall be not less than fifteen (15) percent of the developed lot area or five thousand (5,000) square feet, whichever is greater.

2. Developments shall provide at least a ten (10) foot wide public access walkway along two (2) edges of the pier or wharf, including as one (1) edge the seaward end of the pier or wharf. The required walkways may be located on the required eighteen (18) foot pier apron.

B. Upland Lots. Public access is not required.

C. Public Access Exceptions. Developments which are wholly water-dependent may receive a full or partial waiver of the public access requirement from the Director if:

1. The applicant can show that the provision of public access could prevent effective operation of the water-dependent use and/or present a potential safety hazard for the public; and

2. Alternative access criteria of Section 23.60.160 cannot be satisfied.

(Ord. 113466 § 2(part), 1987.)

23.60.704 Historic Character Area review criteria.

A. Location. All developments located in the Historic Character Area, as shown on the official Land Use Map, including all lots from the southerly edge of Pier 54 to the northerly edge of Pier 59 inclusive are subject to Historic Character Area review as provided in this section.

B. Review Process. All applications for development in the Historic Character Area shall be referred to the Landmarks Preservation Board and to the Department of Neighborhoods for their review and comment prior to issuance of a permit. In order to avoid undue project delay, such review and comment shall be completed within forty-five (45) days of receipt of an application by the Landmarks Preservation Board and the Department of Neighborhoods.

C. Review Standards. New construction or modification of existing structures shall be reviewed using the following criteria:

1. The single linear form of the pier shed shall be maintained or reconstructed, regardless of the division of internal space.

2. Facades of pier ends may be expanded or treated differently from the rest of the pier shed; however, major alterations to the pier shed form are discouraged.

3. The gabled roof planes with clerestories shall be preserved or reconstructed including the unbroken roof ridge line and the symmetrical and parallel pitch of each roof plane. Major roof extensions and cutouts are discouraged.

4. The east-west orientation parallel to submerged street rights-of-way of the major axis of the pier and its pier shed shall be preserved.

5. Facades which reinforce the street edge by being generally parallel to Alaskan Way and having no front setback are preferred.

6. Windows, doors, and openings composed of small-scale panes and panels shall be preferred. Large expanses of glass or banks of skylights at roof eaves are discouraged.

7. Heavy timber construction using a truss system shall be maintained for existing piers and is preferred for new development. Covering shall be horizontally laid grooved shiplap siding.

8. The pier aprons shall be surfaced with timber.

9. Each pier shall have the pier number clearly identified on both the street end and water end of the pier shed. For all exterior signage, large simple graphics painted directly on the building are preferred. Exterior neon signs are discouraged.

10. Landscaping shall not be required. When it is provided, smaller-scale installations of landscaping related to uses at the wharf level, including colorful seasonal plantings, shall be preferred.

11. Exterior lighting should be in keeping with the historic nature of the area. Localized lighting shall be used to illuminate specific areas and define routes.

12. The existing railing along the Alaskan Way Seawall should be maintained or reconstructed.

(Ord. 116744 § 28, 1993; Ord. 113466 § 2(part), 1987.)

Subchapter XIII
The Urban Maritime Environment

Part 1 Uses

23.60.720 Uses permitted outright on waterfront lots in the UM Environment.

The following uses shall be permitted outright on waterfront lots in the Urban Maritime Environment as either principal or accessory uses:

A. The following commercial uses:

1. Marine sales and services, except sale and rental of small boats, boat parts and accessories,

2. Wholesale showrooms, water- dependent or water-related, and

3. Food processing, water-dependent or water-related;

B. The following transportation facilities:

1. Tugboat services,

2. Passenger terminals, water-dependent,

3. Cargo terminals, water-dependent or water-related,

4. Commercial moorage, except covered wet commercial moorage on Lake Union and Portage Bay, and

5. Dry boat storage;

C. The following storage uses:

1. Warehouses, water-dependent or water-related, and

2. Outdoor storage, water-dependent or water-related;

D. Streets, railroads and bridges;

E. The following utilities:

1. Utility lines,

2. Utility service uses whose operations require a shoreline location, and

3. Minor communication utilities, except freestanding transmission towers;

F. The following institutional uses:

1. Water-dependent or water-related research and education facilities of colleges and universities,

2. Shoreline recreation facilities of schools, colleges and universities, and

3. Water-dependent or water-related colleges, institutes for advanced study and vocational schools;

G. Light and general manufacturing uses, water-dependent or water-related;

H. Public facilities, water-dependent or water-related;

I. Shoreline recreation uses; and

J. Aquaculture.

(Ord. 122771, § 4, 2008; Ord. 122310, § 21, 2006; Ord. 120927 § 14, 2002; Ord. 113466 § 2(part), 1987.)

23.60.722 Special uses on waterfront lots in the UM Environment.

The following uses may be authorized on waterfront lots in the UM Environment by the Director as either principal or accessory uses if the special use criteria in Section 23.60.032 are satisfied:

A. Water-based aircraft facilities;

B. Heavy manufacturing uses, water-dependent or water-related;

C. The following shoreline protective structures:

1. Natural beach protection,

2. Bulkheads necessary to support a water-dependent or water-related use, or to enclose a permitted landfill area, or to prevent erosion, when natural beach protection is not a practical alternative;

D. Dredging when necessary for water-dependent and water-related uses;

E. The following types of landfill:

1. Landfill on dry land where necessary for a permitted use and as part of an approved development,

2. Landfill on submerged lands which does not create dry land where necessary for a water-dependent or water-related use or for the installation of a bridge or utility line,

3. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement,

4. Landfill which creates dry land:

a. When the dry land is necessary for a water-dependent or water-related use, and

b. If more than two (2) square yards of dry land per lineal yard of shoreline is placed, the landfill meets the following additional criteria:

(1) No reasonable alternative to the landfill exists, and

(2) The landfill provides a clear public benefit, and

(3) The landfill site is not located in Lake Union or Portage Bay.

(Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.724 Conditional uses on waterfront lots in the UM Environment.

The following uses may be authorized on waterfront lots in the UM Environment by the Director, with the concurrence of the Department of Ecology, as either principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. Yacht, boat or beach clubs that do not have eating and drinking establishments and recreational marinas when:

1. a. The yacht, boat or beach club or marina is not located where frequent interference with the turning basins or navigational areas for large vessels or other conflict with shipping is likely to occur, and

b. The yacht, boat or beach club or marina is not located where likely to conflict with manufacturing uses because of dust or noise or other environmental factors, or parking and loading access needs or other safety factors, and

2. The yacht, boat or beach club or marina is located on a lot that is not suited for a water-dependent or water-related manufacturing use, or for a permitted water-dependent commercial use other than a yacht, boat or beach club or a marina because of:

a. Shallow water depth, or

b. An inadequate amount of dry land; provided, yacht, boat or beach clubs may have non-water-dependent facilities located over water only when:

1. The dry-land portion of the lot is less than fifty (50) feet in depth, and

2. Location of such facilities on the dry-land portion of the lot is not feasible;

B. Non-water-dependent commercial and manufacturing uses:

1. The following non-water-dependent commercial, storage and manufacturing uses may be permitted as principal uses on dry land or over water when meeting the criteria of subsection B2 or B3:

a. Sale and rental of small boats, boat parts and accessories,

b. General sales and services,

c. Eating and drinking establishments,

d. Heavy sales and services except commercial laundries,

e. Offices,

f. Warehouse, mini-warehouse, outdoor storage,

g. Food processing and craft work, and

h. Light, general and heavy manufacturing,

2. The above uses are permitted on dry land when:

a. The non-water-dependent commercial uses occupy no more than ten (10) percent of the dry-land area of the lot except that when the lot provides more than nine thousand (9,000) lineal feet of moorage for commercial vessels, the non-water-dependent commercial uses may occupy up to twenty (20) percent of the dry-land area of the lot,

b. The total of all non-water-dependent commercial and manufacturing uses occupy no more than twenty (20) percent of the dry land area of the lot, and

c. The uses are located on site to accommodate water-dependent or water-related uses on site,

3. The uses listed in subsection B1 are permitted on dry land or over water when:

a. The lot has less than fifty (50) feet of dry land and, if located over water, a dry-land location of the uses is not feasible,

b. The non-water-dependent commercial uses occupy no more than five (5) percent of the total lot area including submerged lands,

c. The total of all non-water-dependent commercial and manufacturing uses occupy no more than ten (10) percent of the total lot area including submerged land, and

d. The non-water-dependent uses are located to accommodate the water-dependent or water-related uses on site,

4. The uses permitted in subsection B1 may be relocated on a lot provided the requirements of subsection B2 or B3 are met;

C. Multifamily residential and research and development laboratory uses when:

1. The lot abuts a lot designated Urban Residential;

2. All Urban Stable Development Standards are met;

3. The facilities or amenities required by Section 23.60.600 E are provided;

4. Residential uses are limited to locations on dry land and above the ground floor of a structure; and

5. Not located within one hundred (100) feet of an abutting lot designated Urban Industrial;

D. Non-water-dependent uses on historic vessels:

1. The following uses may be permitted on a historic vessel when meeting the criteria in subsection D2 below:

a. Sale of boat parts and accessories, and

b. Entertainment uses, such as banquet facilities;

2. In determining whether to permit non-water-dependent uses on a historic vessel the following criteria shall be considered:

a. Uses permitted outright are impractical because of the vessel design, or the permitted uses cannot provide the financial support necessary to sustain the vessel in a reasonably good physical condition,

b. The moorage is not well-suited for commercial maritime use due to water depth, shoreline configuration or other physical or environmental constraints,

c. The use is compatible with the existing design or construction of the vessel, without the necessity of significant alteration of the vessel,

d. The vessel is designated as a landmark by the Seattle Landmarks Preservation Board with a designating ordinance by City Council,

e. No other historic vessel containing entertainment uses is located within one (1) mile of the applicant vessel, and

f. The playing of music is prohibited except in enclosed spaces.

(Ord. 122310, § 22, 2006; Ord. 118793 § 33, 1997; Ord. 118408 § 10, 1996; Ord. 117230 § 1, 1994; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.728 Prohibited uses on waterfront lots in the UM Environment.

The following principal uses are prohibited on waterfront lots:

A. Residential uses, except where permitted as a conditional use pursuant to subsection C of Section 23.60.724;

B. The following commercial uses:

1. Medical services,

2. Animal shelters and kennels,

3. Pet grooming,

4. Automotive sales and service,

5. Lodging,

6. Entertainment uses, except where permitted as a conditional use pursuant to Section 23.60.724 D,

7. Commercial laundries, and

8. Research and development laboratories, except where permitted as a conditional use pursuant to subsection C of Section 23.60.724;

C. The following transportation facility uses:

1. Parking, principal use,

2. Personal transportation services,

3. Passenger terminals, non-water-dependent,

4. Cargo terminals, non-water-dependent,

5. Bus bases,

6. Helistops,

7. Heliports,

8. Airports, land-based, and

9. Covered wet moorage on Lake Union and Portage Bay;

D. High-impact uses;

E. The following utilities:

1. Major communication utilities,

2. Solid waste management,

3. Recycling,

4. Power plants,

5. Sewage treatment plants, and

6. Freestanding transmission towers for minor communication utilities;

F. Institutions, non-water-dependent;

G. The following water-dependent institutions: Yacht, boat and beach clubs that have eating and drinking establishments;

H. Public facilities not authorized pursuant to Section 23.60.734 and those that are non-water-dependent;

I. Agricultural uses except aquaculture;

J. Open space uses except shoreline recreation;

K. Groins and similar structures that block the flow of sand to adjacent beaches, except for drift sills or other structures that are part of a natural beach protection system.

(Ord. 122310, § 23, 2006; Ord. 120927 § 15, 2002; Ord. 118793 § 34, 1997; Ord. 118663 § 19, 1997; Ord. 117230 § 2, 1994; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.730 Permitted uses on upland lots in the UM Environment.

A. Uses Permitted Outright.

1. Uses permitted outright on waterfront lots in the UM Environment are permitted outright on upland lots.

2. Additional uses permitted outright on upland lots:

a. Commercial Uses.

(1) Sale and rental of small boats, boat parts and accessories,

(2) General sales and service uses,

(3) Medical services,

(4) Animal shelters and kennels,

(5) Automotive sales and service,

(6) Eating and drinking establishments,

(7) Heavy sales and services,

(8) Food processing and craft work,

(9) Offices except in the Lake Union area, and

(10) Research and development laboratories;

b. Storage uses;

c. The following transportation facilities:

(1) Cargo terminals, non-water-dependent,

(2) Personal transportation services,

(3) Passenger terminals, non-water-dependent,

(4) Transit vehicle base;

d. Recycling;

e. Light and general manufacturing uses, non-water-dependent;

f. Public facilities; and

g. Minor communication utilities, except freestanding transmission towers.

B. Uses Permitted as Special Uses.

1. Uses permitted as special uses on waterfront lots in the UM environment are permitted as special uses on upland lots.

2. Additional uses permitted as special uses on upland lots:

a. Heavy manufacturing uses, non-water-dependent.

C. Uses Permitted as Conditional Uses. The following uses may be authorized by the Director, with the concurrence of the Department of Ecology, as either principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

1. Offices within the Lake Union area;

2. In structures designated as Landmarks, pursuant to Chapter 25.12, Landmarks Preservation, when the structure is not located over water, the following uses:

a. Non-water-dependent institutional uses,

b. Residential uses;

3. In structures designated as Landmarks, pursuant to Chapter 25.12, Landmarks Preservation, when the structure is located over water, the following uses:

a. Uses otherwise permitted outright on upland lots in the UM environment as specified in subsection A of Section 23.60.730,

b. Offices within the Lake Union area,

c. Non-water-dependent institutional uses,

d. Residential uses,

e. Parking accessory to uses located within the landmark structure.

D. Uses Permitted as Council Conditional Uses. The following uses may be authorized by the City Council, with the concurrence of the Department of Ecology, as either principal or accessory uses, if the criteria for conditional uses in WAC 173-27-160 are satisfied:

1. Helistops and heliports when the following additional criteria are met:

a. The helistop or heliport is for takeoff and landing of helicopters which serve a public safety, news gathering, or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of an approved transportation plan and is a public facility; or is part of an approved transportation plan and is located at least two thousand (2,000) feet from a residential zone;

b. The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held;

c. The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from the other uses in the surrounding area;

d. Open areas and landing pads shall be hardsurfaced; and

e. The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes.

(Ord. 122310, § 24, 2006; Ord. 120927 § 16, 2002; Ord. 118793 § 35, 1997; Ord. 116907 § 11, 1993: Ord. 116616 § 10, 1993: Ord. 115135 § 2, 1990; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.732 Prohibited uses on upland lots in the UM Environment.

Uses prohibited on waterfront lots are prohibited on upland lots unless specifically permitted in Section 23.60.730.

(Ord. 113466 § 2(part), 1987.)

23.60.734 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.720 through 23.60.724 shall also be permitted outright, as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable development standards, special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.720 through 23.60.724 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.720 through 23.60.724 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 20, 1997.)

Part 2 Development Standards

23.60.750 Development standards for the UM Environment.

All developments in the Urban Maritime Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.752 Height in the UM Environment.

A. Maximum Height. The maximum height in the UM Environment shall be thirty-five (35) feet, except as modified in subsections B through D of this section.

B. Equipment. Cranes, mobile conveyers, light standards and similar equipment necessary for the function of water-dependent uses or the servicing of vessels may extend above the maximum height.

C. Structures. Structures accessory to a water-dependent or water-related use and manufacturing structures which require additional height because of intended use may be authorized up to fifty-five (55) feet by the Director when:

1. Not more than twenty-five (25) percent of the lot area would be covered by a structure with the increased height;

2. The views of a substantial number of upland residences would not be blocked by the increased height.

D. Rooftop Features.

1. Radio and television receiving antennas, and flagpoles, are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided such features are:

a. No closer to any adjoining lot line than fifty (50) percent of their height above existing grade; or

b. If attached only to the roof, no closer to any adjoining lot line than fifty (50) percent of their height above the roof portion where attached.

2. Railings, skylights, clerestories, solar collectors, parapets, and firewalls may extend four (4) feet above the maximum height.

3. The following rooftop features may extend ten (10) feet above the maximum height so long as the combined total coverage of all features does not exceed fifteen (15) percent of the roof area or twenty (20) percent of the roof area if the total includes screened mechanical equipment:

a. Stair and elevator penthouses;

b. Mechanical equipment.

E. Bridges. Bridges may exceed the maximum height limit.

(Ord. 120927 § 17, 2002; Ord. 113466 § 2(part), 1987.)

23.60.754 Lot coverage in the UM Environment.

A. Waterfront Lots.

1. Structures, including floats and piers, shall not occupy more than fifty (50) percent of the submerged portion of a waterfront lot, except as modified by subsection C.

2. Structures shall not occupy more than seventy-five (75) percent of the dry-land portion of a waterfront lot.

B. Upland Lots. Structures may occupy up to one hundred (100) percent of an upland lot.

C. Lot Coverage Exceptions.

1. Structures, including floats and piers, may occupy up to sixty-five (65) percent of the submerged portion of a waterfront lot which has a depth of less than fifty (50) feet of dry land.

2. Drydocks may cover up to an additional twenty-five (25) percent of submerged land for a maximum lot coverage of seventy-five (75) percent.

(Ord. 113466 § 2(part), 1987.)

23.60.756 View corridors in the UM Environment.

A. A view corridor or corridors of not less than fifteen (15) percent of the width of the lot shall be provided and maintained on all waterfront lots occupied by a water-dependent or water-related use.

B. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all waterfront lots occupied by a non-water-dependent use.

C. The following may be located in a required view corridor:

1. Open wet moorage;

2. Storage of boats undergoing repair;

3. Parking which meets the criteria of subsection B3 of Section 23.60.162, View corridors; and

4. Open storage accessory to a water-dependent or water-related use.

D. View Corridor Reductions. The required percent of the width of the lot may be reduced by five (5) percent for each of the following conditions provided that such reduction does not result in a view corridor of less than fifteen (15) feet:

1. The required view corridor is provided entirely in one (1) location;

2. A view corridor of at least half ( 1/2) the required width abuts a lot line which separates the lot from a street, waterway, or public park;

3. A view corridor of at least half ( 1/2) the required width abuts a view corridor provided on the adjacent property.

E. Viewing Area Substitution. In lieu of the required view corridor, developments which are not required to provide public access may provide a public viewing area as follows:

1. The viewing area shall be either an observation tower or a designated portion of the lot which is easily accessible;

2. The viewing area shall provide a clear view of the activities on the lot and the water;

3. The viewing area shall have a minimum dimension of one hundred fifty (150) square feet; and

4. The conditions of Section 23.60.160 for public access relating to accessibility, signs, and availability shall apply.

(Ord. 113466 § 2(part), 1987.)

23.60.758 Regulated public access in the UM Environment.

A. Public Property. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained for all publicly owned and publicly controlled waterfront, whether leased to private lessees or not, except harbor areas, shorelands, tidelands, and beds of navigable waters not abutting dry land.

B. Private Property.

1. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on privately owned waterfront lots for the following developments:

a. Marinas, except as exempted in Section 23.60.200 E,

b. Yacht, boat and beach clubs that have non-water-dependent facilities over water,

c. Non-water-dependent uses, except those located on private lots in Lake Union which have a front lot line of less than one hundred (100) feet in length, measured at the upland street frontage generally parallel to the water edge, and which abut a street and/or waterway providing public access;

2. Water-dependent uses other than marinas and water-related uses located on private lots, except yacht, boat and beach clubs which have non-water-dependent facilities over water are not required to provide public access.

C. Utilities. Regulated public access shall be provided on utility-owned or controlled property within the Shoreline District.

(Ord. 113466 § 2(part), 1987.)

23.60.760 Development between the Pierhead Line and the Construction Limit Line in the UM Environment in Lake Union and Portage Bay.

Structures located between the Pierhead Line and the Construction Limit Line shall be limited to piers and floats without accessory buildings, drydocks, and existing floating homes at existing floating home moorages.

(Ord. 113764 § 1(part), 1987: Ord. 113466 § 2(part), 1987.)

Subchapter XIV
The Urban General Environment

Part 1 Uses

23.60.780 Uses permitted outright on waterfront lots in the UG Environment.

The following uses shall be permitted outright on waterfront lots in the Urban General Environment as either principal or accessory uses:

A. Existing dwelling units;

B. The following commercial uses:

1. General sales and services,

2. Medical services,

3. Animal shelters and kennels,

4. Marine sales and services,

5. Eating and drinking establishments,

6. Heavy sales and service uses,

7. Office uses,

8. Entertainment uses,

9. Research and development laboratories,

10. Food processing and craft work uses;

C. Storage uses;

D. The following transportation facilities:

1. Passenger terminals, water-dependent or water-related,

2. Cargo terminals, water-dependent or water-related;

E. Streets;

F. Bridges;

G. Railroads;

H. The following utilities:

1. Utility lines,

2. Utility service uses whose operations require a shoreline location,

3. Solid waste transfer stations that are water-related, and

4. Minor communication utilities, except freestanding transmission towers;

I. Manufacturing uses;

J. Institutional uses;

K. Public Facilities;

L. Parks and open space uses; and

M. Aquaculture.

(Ord. 122310, § 25, 2006; Ord. 120927 § 18, 2002; Ord. 113466 § 2(part), 1987.)

23.60.782 Special uses permitted on waterfront lots in the UG Environment.

The following uses may be authorized on waterfront lots in the UG Environment by the Director as either principal or accessory uses if the special use criteria in Section 23.60.032 are satisfied:

A. Airports, water-based;

B. High-impact uses that are water-dependent or water-related;

C. Shoreline protective structures:

1. Natural beach protection,

2. Bulkheads necessary to support a water-dependent or water-related use, or to enclose a permitted landfill area, or to prevent erosion, when natural beach protection is not a practical alternative;

C. Dredging when necessary for water-dependent and water-related uses;

D. The following types of landfill:

1. Landfill on dry land where necessary for a permitted use and as part of an approved development,

2. Landfill on submerged lands which does not create land where necessary for a water-dependent or water-related use or for the installation of a bridge or utility line,

3. Landfill for the creation of wildlife or fisheries habitat as mitigation or enhancement; and

4. Landfill which creates dry land:

a. When the dry land is necessary for the operation of a water-dependent or water-related use, and

b. If more than two (2) square yards of dry land per lineal yard of shoreline is created, the landfill meets the following additional criteria:

(1) No reasonable alternative to the landfill exists,

(2) The landfill provides a clear public benefit, and

(3) The landfill site is not located in Lake Union or Portage Bay.

(Ord. 113466 § 2(part), 1987.)

23.60.784 Conditional uses permitted on waterfront lots in the UG Environment.

The following uses may be authorized on waterfront lots in the UG Environment by the Director, with the concurrence of the Department of Ecology, as either principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. Artist studio/dwellings.

(Ord. 118793 § 36, 1997; Ord. 113764 § 1(part), 1987: Ord. 113466 § 2(part), 1987.)

23.60.786 Prohibited principal uses on waterfront lots in the UG Environment.

The following uses are prohibited as principal uses on waterfront lots in the UG Environment:

A. Residential uses except artist studio/dwellings;

B. The following commercial uses:

1. Automotive sales and service uses,

2. Lodging uses, and

3. Mortuary services;

C. The following transportation facilities:

1. Parking, principal use,

2. Personal transportation services,

3. Passenger terminals, non-water-dependent,

4. Cargo terminals, non-water-dependent,

5. Bus bases,

6. Helistops,

7. Heliports, and

8. Airports, land-based;

D. The following utilities:

1. Major communication utility,

2. Solid waste management, non-water-dependent,

3. Recycling uses,

4. Power plants,

5. Sewage treatment plants, and

6. Freestanding transmission towers for minor communication utilities;

E. Agricultural uses except aquaculture; and

F. Groins and similar structures that block the flow of sand to adjacent beaches, except for drift sills or other structures that are part of a natural beach protection system.

(Ord. 122310, § 26, 2006; Ord. 120927 § 19, 2002; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.788 Permitted uses on upland lots in the UG Environment.

The following uses are permitted on upland lots in the UG Environment:

A. Uses Permitted Outright.

1. Uses permitted outright on waterfront lots are permitted outright on upland lots.

2. Additional uses permitted outright:

a. Automotive sales and services; and

b. Parking, principal use.

B. Uses Permitted as Special Uses.

1. Uses permitted as special uses on waterfront lots are permitted as special uses on upland lots.

2. Additional uses permitted as special uses:

a. Artist studio/dwelling.

(Ord. 122310, § 27, 2006; Ord. 113466 § 2(part), 1987.)

23.60.790 Prohibited uses on upland lots in the UG Environment.

All uses prohibited on waterfront lots are prohibited on upland lots unless specifically permitted in Section 23.60.788.

(Ord. 113466 § 2(part), 1987.)

23.60.795 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.780 through 23.60.784 shall also be permitted outright, permitted as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable development standards, special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.780 through 23.60.784 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.780 through 23.60.784 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 21, 1997.)

Part 2 Development Standards

23.60.810 Development standards for the UG Environment.

All developments in the Urban General Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.812 Height in the UG Environment.

A. Maximum Height. The maximum height in the UG Environment shall be thirty-five (35) feet, except as modified in subsections B through D of this section.

B. Equipment. Cranes, mobile conveyers, light standards and similar equipment necessary for the function of water-dependent uses or the servicing of vessels may extend above the maximum height.

C. Structures. Structures accessory to a water-dependent or water-related use and manufacturing structures which require additional height because of intended use may be authorized up to fifty-five (55) feet by the Director when the views of a substantial number of upland residences would not be blocked by the increased height.

D. Rooftop Features.

1. Radio and television receiving antennas, flagpoles, and religious symbols for religious institutions are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided such features are:

a. No closer to any adjoining lot line than fifty (50) percent of their height above existing grade; or

b. If attached only to the roof, no closer to any adjoining lot line than fifty (50) percent of their height above the roof portion where attached.

2. Railings, skylights, clerestories, solar collectors, parapets, and firewalls may extend four (4) feet above the maximum height.

3. The following rooftop features may extend ten (10) feet above the maximum height so long as the combined total coverage of all features does not exceed fifteen (15) percent of the roof area or twenty (20) percent of the roof area if the total includes screened mechanical equipment:

a. Stair and elevator penthouses; and

b. Mechanical equipment.

E. Bridges. Bridges may exceed the maximum height limit.

(Ord. 120927 § 20, 2002; Ord. 120117 § 47, 2000; Ord. 113466 § 2(part), 1987.)

23.60.814 Lot coverage in the UG Environment.

Structures may occupy up to one hundred (100) percent of the lot area for either a waterfront lot or an upland lot.

(Ord. 113466 § 2(part), 1987.)

23.60.816 View corridors in the UG Environment.

A. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all waterfront lots.

B. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all upland through lots separated from a waterfront lot designated CM, CR, CP or CN by a street or railroad right-of-way.

C. The following may be located in a required view corridor:

1. Open wet moorage;

2. Storage of boats undergoing repair; and

3. Parking, which meets the criteria in subsection B3 of Section 23.60.162, View corridors.

(Ord. 113466 § 2(part), 1987.)

23.60.818 Regulated public access in the UG Environment.

A. Public Property. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained for all publicly owned and publicly controlled waterfront, whether leased to private lessees or not, except harbor areas, shorelands, tidelands, and beds of navigable waters not abutting dry land.

B. Private Property.

1. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on privately owned waterfront lots for the following developments:

a. Marinas, except as exempted in Section 23.60.200 E;

b. Non-water-dependent developments except those located on private lots in the Lake Union area with a front lot line of less than one hundred (100) feet in length, measured at the upland street frontage generally parallel to the water edge, that abut a street and/or waterway providing public access.

2. Water-dependent uses other than marinas and water-related uses on private lots are not required to provide public access.

C. Utilities. Regulated public access shall be provided to utility-owned or controlled property within the Shoreline District.

(Ord. 113466 § 2(part), 1987.)

Subchapter XV
The Urban Industrial Environment

Part 1 Uses

23.60.840 Uses permitted outright on waterfront lots in the UI Environment.

The following uses shall be permitted outright on waterfront lots in the Urban Industrial Environment as either principal or accessory uses:

A. Existing dwelling units;

B. The following commercial uses:

1. Marine sales and services except sale and rental of small boats, boat parts and accessories,

2. Research and development laboratories,

3. Wholesale showrooms, and

4. Food processing and craft work, water-dependent or water-related;

C. The following storage uses:

1. Warehouses, and

2. Outdoor storage uses;

D. The following transportation facilities:

1. Tugboat services,

2. Commercial moorage,

3. Dry boat storage,

4. Passenger terminals, water-dependent or water-related, and

5. Cargo terminals, water-dependent or water-related;

E. Streets, railroads and bridges;

F. The following utilities:

1. Utility lines,

2. Solid waste management uses, water-dependent or water-related,

3. Recycling uses, water-dependent or water-related,

4. Utility service uses whose operations require a shoreline location, and

5. Minor communication utilities, except freestanding transmission towers;

G. Manufacturing uses;

H. The following institutional uses:

1. Water-dependent or water-related research and education facilities of colleges and universities,

2. Shoreline recreation facilities of colleges and universities, and

3. Water-dependent or water-related colleges, institutes for advanced study, and vocational schools;

I. High-impact uses, water-dependent or water-related;

J. Public facilities, water-dependent or water-related;

K. Shoreline recreation uses; and

L. Aquaculture.

(Ord. 122310, § 28, 2006; Ord. 120927 § 21, 2002; Ord. 113466 § 2(part), 1987.)

23.60.842 Special uses permitted on waterfront lots in the UI Environment.

The following uses may be authorized on waterfront lots in the UI Environment by the Director as either principal or accessory uses if the special use criteria in Section 23.60.032 are met:

A. Airports, water-based;

B. The following shoreline protective structures:

1. Natural beach protection,

2. Bulkheads to support a water-dependent or water-related use, or to enclose a permitted landfill area, or to prevent erosion, when natural beach protection is not a practical alternative;

C. Dredging when necessary for water-dependent and water-related uses or to install utility lines;

D. The following types of landfill:

1. Landfill on dry land where necessary for a permitted use and as part of an approved development,

2. Landfill on submerged lands which does not create land where necessary for a water-dependent or water-related use or for the installation of a bridge or utility line, and

3. Landfill which creates dry land:

a. When the dry land is necessary for a water-dependent or water-related use, and

b. If more than two (2) square yards of dry land per lineal yard of shoreline is created, the landfill meets the following additional criteria:

(1) No reasonable alternative to the landfill exists,

(2) The landfill provides a clear public benefit, and

(3) The landfill site is not located in Lake Union or Portage Bay.

(Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.844 Conditional uses on waterfront lots in the UI Environment.

The following uses may be authorized on waterfront lots in the UI Environment by the Director, with the concurrence of DOE, as either principal or accessory uses if the criteria for conditional uses in WAC 173-27-160 are satisfied:

A. Yacht, boat or beach clubs which do not have eating and drinking establishments and recreational marinas when:

1. a. Not located where frequent interference with the turning basins or navigational areas of large vessels or other conflict with shipping is likely to occur, and

b. Not located where likely to conflict with manufacturing uses because of dust, noise or other environmental factors, or parking and loading access requirements or other safety factors; and

2. If located outside the Duwamish area, the yacht, boat or beach club or marina is located on a lot not suitable for a water-dependent or water-related manufacturing use, or for permitted water-dependent commercial uses because of:

a. Shallow water depth, or

b. An inadequate amount of dry land; provided that yacht, boat or beach clubs may have non-water-dependent facilities over water only when:

(1) The dry-land portion of the lot is less than fifty (50) feet in depth, and

(2) The location of such facilities on the dry-land portion of the lot is not feasible.

B. Non-water-dependent Commercial Uses.

1. The following non-water-dependent commercial uses when meeting the criteria of subsection B2:

a. Sale and rental of small boats, boat parts and accessories;

b. General sales and services;

c. Eating and drinking establishments in the Ballard Interbay Northend Manufacturing/Industrial Center;

d. Heavy sales and services except commercial laundries and wholesale showrooms;

e. Offices;

f. Mini-warehouse in the Ballard Interbay Northend Manufacturing/Industrial Center; and

g. Food processing and craft work.

2. The uses listed in subsection B1 are permitted when:

a. The total of non-water-dependent commercial uses occupy no more than ten (10) percent of the dry-land portion of the lot; and

b. The non-water-dependent commercial uses are located to accommodate any water-dependent or water-related uses on the lot.

3. The uses identified in subsection B1 may be relocated on a lot provided the requirements of subsection B2 are met.

(Ord. 122310, § 29, 2006; Ord. 119971 § 1, 2000: Ord. 118793 § 37, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.846 Council conditional uses on waterfront lots in the UI Environment.

A. Sewage treatment plants may be authorized by the Council according to the procedures of Section 23.60.068 when:

1. Located in the Duwamish area;

2. A determination has been made, according to the process established in Section 23.60.066, Process for determination of feasible or reasonable alternative locations, that no feasible alternative exists to locating a plant in the Seattle Shoreline District. The determination as to feasibility shall be based upon the Shoreline Goals and Policies of the Seattle Comprehensive Plan, the Shoreline Management Act, as amended, and a full consideration of the environmental, social and economic impacts on the community;

3. The plant is set back sixty (60) feet from the line of ordinary high water;

4. A public access walkway is provided along the entire width of the shoreline except for any portion occupied by barge loading and unloading facilities to serve the plant, public access being most important along views of the water and any other significant shoreline element; and

5. All reasonable mitigation measures to protect views and to control odors, noise, traffic and other impacts on the natural and built environment shall be provided.

(Ord. 118793 § 38, 1997: Ord. 113466 § 2(part), 1987.)

23.60.848 Principal uses prohibited on waterfront lots in the UI Environment.

The following principal uses are prohibited on waterfront lots in the UI Environment:

A. Residential uses;

B. The following commercial uses:

1. Medical services,

2. Animal shelters and kennels,

3. Pet grooming,

4. Automotive sales and service,

5. Lodging,

6. Heavy commercial services,

7. Entertainment uses, and

8. Eating and drinking establishments in the Duwamish Manufacturing/Industrial Center;

C. The following transportation facility uses:

1. Parking, principal use,

2. Personal transportation services,

3. Passenger terminal, non-water-dependent,

4. Cargo terminal, non-water-dependent,

5. Transit vehicle bases,

6. Helistops, and

7. Heliports;

D. Mini-warehouses in the Duwamish Manufacturing/Industrial Center;

E. The following utilities:

1. Major communication utilities,

2. Solid waste management, non-water-dependent,

3. Recycling uses, non-water-dependent,

4. Power plants,

5. Sewage treatment plants, located outside of the Duwamish area, and

6. Freestanding transmission towers for minor communication utilities;

F. High-impact uses, non-water-dependent;

G. All institutional uses except shoreline recreation facilities of colleges and universities and boat and yacht clubs without eating and drinking facilities;

H. Public facilities not authorized pursuant to Section 23.60.854 and those that are neither water-dependent nor water-related;

I. Agricultural uses except aquaculture;

J. All open space uses except shoreline recreation; and

K. Groins and similar structures that block the flow of sand to adjacent beaches, except for drift sills or other structures that are part of a natural beach protection system.

(Ord. 122310, § 30, 2006; Ord. 120927 § 22, 2002; Ord. 119971 § 2, 2000: Ord. 118663 § 22, 1997; Ord. 113764 § 1(part), 1987; Ord. 113466 § 2(part), 1987.)

23.60.850 Permitted uses on upland lots in the UI Environment.

A. Uses Permitted Outright.

1. Principal and accessory uses permitted outright on waterfront lots in the UI Environment are permitted outright on upland lots.

2. Additional uses permitted outright:

a. All commercial uses;

b. Solid waste management uses that are non-water-dependent, except for solid waste transfer stations;

c. Recycling uses, non-water-dependent;

d. Parks and open space uses;

e. The following institutions:

(1) Vocational and fine arts schools,

(2) Uses connected to a major institution and permitted by an approved master plan;

f. All agricultural uses.

B. Uses permitted as Special Uses. Uses permitted as special uses on waterfront lots are permitted as special use on upland lots.

(Ord. 122310, § 31, 2006; Ord. 113466 § 2(part), 1987.)

23.60.852 Prohibited uses on upland lots in the UI Environment.

Uses prohibited on waterfront lots are prohibited on upland lots unless specifically permitted in Section 23.60.850.

(Ord. 113466 § 2(part), 1987.)

23.60.854 Public facilities.

A. Except as provided in subsection B1 or B2 below, uses in public facilities that are most similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.840 through 23.60.846 shall also be permitted outright, as a special use or conditional use, subject to the same use regulations, development standards, special use requirements, and conditional use criteria that govern the similar uses.

B. Public Facilities not Meeting Development Standards Requiring City Council Approval.

1. The City Council, with the concurrence of the Department of Ecology, may waive or modify applicable development standards, special use requirements or conditional use criteria for those uses in public facilities that are similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.840 through 23.60.846 according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

2. Other Uses Permitted in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright, permitted as a special use or permitted as a conditional use under Sections 23.60.840 through 23.60.846 may be permitted by the City Council. City Council, with the concurrence of the Department of Ecology, may waive or modify development standards, special use requirements or conditional use criteria according to the provisions of Chapter 23.76, Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions.

C. Expansion of Uses in Public Facilities.

1. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking.

2. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections A and B above according to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met.

D. Essential Public Facilities. Permitted essential public facilities shall also be reviewed according to the provisions of Chapter 23.80, Essential Public Facilities.

(Ord. 118663 § 23, 1997.)

Part 2 Development Standards

23.60.870 Development standards for the UI Environment.

All developments in the Urban Industrial Environment shall meet the requirements of this Part 2 as well as the development standards applicable to all environments contained in Subchapter III, General Provisions.

(Ord. 113466 § 2(part), 1987.)

23.60.872 Height in the UI Environment.

A. Maximum Height. The maximum height shall be thirty-five (35) feet, except as modified by subsections B through D of this section.

B. Exceptions.

1. Cranes, mobile conveyers, light standards and similar equipment necessary for the function of water-dependent uses or the servicing of vessels may extend above the maximum height.

2. Structures accessory to a water-dependent or water-related use and manufacturing structures which require additional height because of intended use may be authorized by the Director up to fifty-five (55) feet in the Ship Canal and up to eighty (80) feet in the Duwamish and Elliott Bay when the views of a substantial number of upland residences would not be blocked by the increased height.

C. Rooftop Features.

1. Radio and television receiving antennas, flagpoles, chimneys and smokestacks are exempt from height controls, except as regulated in Chapter 23.64, Airport Height Overlay District, provided such features are:

a. No closer to any adjoining lot line than fifty (50) percent of their height above existing grade; or

b. If attached only to the roof, no closer to any adjoining lot line than fifty (50) percent of their height above the roof portion where attached.

2. Railings, skylights, clerestories, solar collectors, parapets and firewalls may extend four (4) feet above the maximum height set in subsections A and B of Section 23.60.632.

3. The following rooftop features may extend ten (10) feet above the maximum height set in subsections A and B of Section 23.60.632, so long as the combined total coverage of all features listed in this subparagraph C3 does not exceed fifteen (15) percent of the roof area, or twenty (20) percent of the roof area if the total includes screened mechanical equipment:

a. Stair and elevator penthouses; and

b. Mechanical equipment.

D. Bridges. Bridges may exceed the maximum height limit.

(Ord. 120927 § 23, 2002; Ord. 113466 § 2(part), 1987.)

23.60.874 Lot coverage in the UI Environment.

A. Waterfront Lots. Structures may occupy up to one hundred (100) percent of both submerged and dry-land lot area of a waterfront lot.

B. Upland Lots. Structures may occupy up to one hundred (100) percent of the lot area of an upland lot.

(Ord. 113466 § 2(part), 1987.)

23.60.876 View corridors in the UI Environment.

A. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all waterfront lots developed with a nonwater-dependent use or a mix of water-dependent or water-related uses and nonwater-dependent uses if the water-dependent or water-related use occupies less than fifty (50) percent of the dry-land portion of the lot.

B. A view corridor or corridors of not less than thirty-five (35) percent of the width of the lot shall be provided and maintained on all upland through lots which are adjacent to waterfront lots designated CM, CR, CP or CN.

C. The following may be located in a required view corridor:

1. Open wet moorage;

2. Storage of boats undergoing repair;

3. Parking which meets the criteria in subsection B3 of Section 23.60.162; and

4. Open storage accessory to a water-dependent or water-related use.

(Ord. 113466 § 2(part), 1987.)

23.60.878 Setbacks in the UI Environment.

All nonwater-dependent uses including accessory structures and uses shall provide a sixty (60) foot setback from the water's edge on waterfront lots. This setback area shall be accessible directly from a street or from a driveway of not less than twenty (20) feet in width.

(Ord. 113466 § 2(part), 1987.)

23.60.880 Development standards specific to water-related uses on waterfront lots in the UI Environment.

A. Water-related uses shall be designed and located on the shoreline to encourage efficient use of the shoreline. Design considerations may include setbacks from all or a portion of the waters' edge, joint use of piers and wharves with other water-related or water-dependent uses, development of the lot with a mixture of water-related and water-dependent uses, or other means of ensuring continued efficient use of the shoreline.

B. Specific design constraints shall not be required if the nature and needs of the water-related use ensures efficient and continued use of the lot's waterborne transportation facilities.

(Ord. 113466 § 2(part), 1987.)

23.60.882 Regulated public access in the UI Environment.

A. Public Property. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained for all publicly owned and publicly controlled waterfront, whether leased to private lessees or not, except harbor areas, shorelands, tidelands and beds of navigable waters not abutting dry land.

B. Private Property.

1. Public access meeting the criteria of Section 23.60.160 shall be provided and maintained on privately owned waterfront lots for the following developments:

a. Marinas, except as exempted in Section 23.60.200 E;

b. Yacht, boat and beach clubs that have nonwater-dependent facilities over water;

c. Nonwater-dependent developments except those located on private lots in the Lake Union area which have a front lot line of less than one hundred (100) feet in length, measured at the upland street frontage generally parallel to the water edge, and which abut a street and/or waterway providing public access.

2. Water-dependent uses other than marinas and water-related uses on private property, except for yacht and boat clubs which have nonwater-dependent facilities over water and marinas, are not required to provide public access.

3. Utilities. Regulated public access shall be provided to utility-owned or controlled property within the Shoreline District.

(Ord. 113466 § 2(part), 1987.)

Subchapter XVI
Definitions

23.60.900 Definitions generally.

For the purpose of this chapter, certain terms and words are defined. The definitions established in this Subchapter XVI are in addition to definitions contained in Chapter 23.84A, which are also applicable to this chapter. In the event that a definition in this chapter differs from a definition of the same term in Chapter 23.84A, the definition in this chapter shall apply in the Shoreline District.

(Ord. 122771, § 5, 2008; Ord. 122310, § 32, 2006; Ord. 113466 § 2(part), 1987.)

23.60.902 "A."

"Airport, water-based" means a transportation facility used exclusively by aircraft which take off and land directly on the water.

"Aquaculture" means an agricultural use in which food fish, shellfish or other marine foods, aquatic plants or animals are cultured in fresh or salt water.

"Agriculture use" means the following uses:

Animal husbandry;

Aquaculture;

Horticulture.

"Average grade level" means the calculation determined by averaging the elevations at the center of all exterior walls of the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of ordinary high water, except in the Urban Harborfront, as provided in Section 23.60.666.

"AWDT" means the twenty-four (24) hour average weekday traffic on a street as determined by the Director of Seattle Department of Transportation or the Director of the Department of Planning and Development in consultation with the Director of Seattle Department of Transportation.

(Ord. 122310, § 33, 2006; Ord. 121477 § 41, 2004; Ord. 118793 § 39, 1997; Ord. 118409 § 205, 1996: Ord. 113466 § 2(part), 1987.)

23.60.904 "B."

"Boat or Beach Club." See "Yacht club."

"Beach, Class I" means an accretional beach characterized by a backshore which is only wetted under extreme tide and wave conditions. It is possible to walk on a Class I beach at mean higher high water.

"Beach, Class II" means a marginal erosion beach characterized by not having a stable and dry backshore above mean higher high water. Class II beaches are usually located at the foot of gravel-containing banks and bluffs that supply the upper foreshore with beach material.

"Beach, Class III" means an erosional beach on which it is not possible to walk at mean higher high water. Class III beaches are located under banks and bluffs that are low in gravel and high in clay and have an upper foreshore which is wave-cut below to mean higher high water level.

"Breakwater" means a protective structure built offshore to protect harbor areas, moorages, navigation, beaches or bluffs from wave action.

"Bridge" means a structure carrying a path, street, or railway over-water, and necessary support and accessory structures.

"Bulkhead" means a retaining wall constructed parallel to the shore whose primary purpose is to hold or prevent sliding of soil caused by erosion or wave action or to protect the perimeter of a fill.

(Ord. 113466 § 2 (part), 1987.)

23.60.906 "C."

"Cargo, breakbulk" means cargo packed in separate packages or individual pieces of cargo and loaded, stored and unloaded individually.

"Cargo, containerized" means cargo packed in a large (typically eight (8) feet by eight (8) feet by twenty (20) feet)) trunklike box and loaded, stored and unloaded as a unit.

"Cargo, neo-bulk" means cargo which has historically been classified as generalized cargo, such as grain, oil, and automobiles, but now is moved in bulk movements usually in specialized vessels.

"Cargo terminal" means a transportation facility in which quantities of goods or container cargo are stored without undergoing any manufacturing processes, transferred to other carriers or stored outdoors in order to transfer them to other locations. Cargo terminals may include accessory warehouses, railroad yards, storage yards, and offices.

"Clerestory" means an outside wall of a room or building that rises above an adjoining roof and contains windows.

"Commercial use" means the following uses:

– General retail sales and services;

– Heavy sales and services;

– Eating and drinking establishments;

– Lodging;

– Offices;

– Entertainment;

– Automotive sales and services;

– Marine sales and services;

– Animal shelters and kennels;

– Food processing and craft work;

– Medical services;

– Research and development laboratories.

"Commercial moorage" means a parking and moorage use in which a system of piers, buoys, or floats is used to provide moorage, primarily for commercial vessels, except barges, for sale or rent, usually on a monthly or yearly basis. Minor vessel repair, haulout, dry boat storage, tugboat dispatch offices, and other services are also often accessory to or associated with the use.

Communication Devices and Utilities (and Related Terms). See Section 23.84A.006 "C."

"Conditional use" means a use identified in this chapter as requiring specific approval by either the Department of Ecology (Shoreline Conditional Use) or the City Council (Council Conditional Use). Unless specifically stated in this chapter the term "conditional use" without modification shall mean Shoreline Conditional Use.

(Ord. 122310, § 34, 2006; Ord. 120927 § 24, 2002; Ord. 113466 § 2(part), 1987.)

23.60.908 "D."

"Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this title at any water level.

"Development standards" means regulations pertaining to the physical modification of the environment including the size and location of structures in relation to the lot. Development standards include maximum height of structures, minimum lot area, minimum front, side and rear yards, setbacks, maximum lot coverage, maximum floor area ratio, view corridors and regulated public access.

"Development, Substantial." See "Substantial development."

"Director" means the Director of the Department of Planning and Development of The City of Seattle.

"Drift sill" means a structure of rocks built into a beach as part of natural beach protection used to preserve a beach by stopping the littoral sand drift but which does not protrude above the finished grade of beach sediment.

"Dry land" means land at an elevation above the line of ordinary high water or mean higher high water.

"Dry boat storage" means a parking and moorage 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, boat or beach club for the purpose of storing boats. Sometimes referred to as dry moorage.

(Ord. 122310, § 35, 2006; Ord. 121276 § 26, 2003; Ord. 113466 § 2(part), 1987.)

23.60.910 "E."

"Extreme low tide" means the lowest line on land reached by a receding tide.

(Ord. 113466 § 2(part), 1987.)

23.60.912 "F."

"Fair market value" of a development means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation, and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.

"Fairway" means all navigable waters within the corporate limits or within the jurisdiction and control of the City, except waters over privately owned or privately controlled property, including but not limited to the navigable portions of the following described waters and all submerged street area and waterways therein:

A. All of Elliott Bay, lying easterly of a straight line drawn from Alki Point to West Point;

B. All of the East and West Waterways;

C. All of the Duwamish River;

D. All of the Duwamish Waterway Project;

E. All of Salmon Bay;

F. All of Portage Bay;

G. All of the Lake Washington Ship Canal, including that portion which shall be under the supervision and control of the United States;

H. All of Lake Union;

I. All of Lake Washington lying or being within the corporate limits of the City or within the jurisdiction and control of the City;

J. All of that portion of Shilshole Bay, lying easterly and southerly of a line from West Point to the intersection of the northerly boundary of the City with the outer harbor line;

K. All that portion of Puget Sound, lying easterly and northerly of a line from Alki Point to the intersection of the southerly boundary of the City with the outer harbor line.

"Floating home" means a single-family dwelling unit constructed on a float, which is moored, anchored or otherwise secured in waters.

"Floating home moorage" means a residential use consisting of a waterfront facility for the moorage of one (1) or more floating homes and the land and water premises on which the facility is located.

"Floating home site" means that part of a floating home moorage located over water designated to accommodate one (1) floating home.

(Ord. 118793 § 40, 1997; Ord. 113466 § 2(part), 1987.)

23.60.914 "G."

"Groin" means a wall-like structure built seaward from the shore to build or preserve an accretion beach by trapping littoral sand drift on the updrift side.

(Ord. 113466 § 2(part), 1987.)

23.60.916 "H."

"High-impact Use." As defined in Chapter 23.84, Definitions.

"Historic ship" means a vessel, whether able to move under its own power or not, that has been designated by the Landmark Preservation Board as historic or listed on the National Register of Historic Places.

"House barge" means a vessel that is designed or used as a place of residence without a means of self-propulsion and steering equipment or capability. Historic ships which do not have a means of self-propulsion and steering equipment are regulated as vessels.

(Ord. 116051 §2, 1992; Ord. 113466 § 2(part), 1987.)

23.60.918 "I."

"Institutions" means the following uses:

– Institute for advanced study;

– Private club;

– Child care center;

– Museum;

– School, elementary or secondary;

– College;

– Community club and center;

– Community club;

– Vocational or fine arts school;

– Hospital;

– Religious facility.

(Ord. 122310, § 36, 2006; Ord. 113466 § 2(part), 1987.)

23.60.920 "J."

"Jetty" means an artificial barrier perpendicular to the shoreline used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment, or to protect a harbor area from storm waves.

(Ord. 113466 § 2(part), 1987.)

23.60.922 "K."

Reserved.

(Ord. 113466 § 2(part), 1987.)

23.60.924 "L."

"Landfill" means sand, soil, gravel or other material deposited onto a shoreland area, or into the water over a submerged area.

"Lot" means a platted or unplatted parcel or 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.

"Lot area" means the total horizontal area within the lot lines of a lot.

"Lot coverage" means that portion of a lot occupied by the principal building and its accessory buildings including piers, floats and drydocks, expressed as a percentage of the total lot area.

"Lot, upland" means a lot wholly or partly within the shoreline district which is separated as of March 17, 1977, from the water by a street, arterial, highway, railroad right-of-way or government-controlled property which prevents access to and use of the water.

"Lot, upland through" means an upland lot wholly or partly within the Shoreline District which extends between a street, highway, or arterial right-of-way on the upland side and a street, highway, arterial, railway right-of-way, or government-controlled property on the waterfront side.

"Lot, waterfront" means a lot 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 which is not separated as of March 17, 1977, from the water by a street, arterial, highway, railroad right-of-way, or government-owned or controlled property which prevents access to and use of the water. Vacation or relocation of a legal right-of-way after March 17, 1977, shall convert a lot which was an upland lot because of the existence of such right-of-way into a waterfront lot. For purposes of determining the appropriate use and development standards applicable to developments in railroad or street rights-of-way, the railroad or street right-of-way shall be considered to be a waterfront lot unless separated from the water by another railroad or street right-of-way.

(Ord. 117789 § 6, 1995; Ord. 113466 § 2(part), 1987.)

23.60.926 "M."

"Manufacturing" means the following uses as defined in Chapter 23.84A, Definitions:

– Light manufacturing;

– General manufacturing;

– Heavy manufacturing.

"Marina, recreational" means a parking and moorage use, in which a system of piers, buoys, or floats is used to provide moorage, primarily for pleasure craft, for sale or rent, usually on a monthly or yearly basis. Minor vessel repair, haulout, dry boat storage and other services are also often accessory to or associated with the use.

"Marine sales and service" means a commercial use that includes one (1) or more of the following uses:

– Sale or rental of large boats;

– Marine service station;

– Major or minor vessel repair;

– Sale and rental of small boats, boat parts and accessories.

"Marine service station" means a marine sales and service use in which fuel for boats is sold, and where accessory uses including but not limited to towing or minor vessel repair may also be provided.

"Master Program." See "Shoreline Master Program."

"Mean higher high water (MHHW)" means the tidal elevation determined by averaging the higher of each day's two (2) high tides at a particular location over recorded history.

"Mean lower low water (MLLW)" means the 0.0 tidal elevation. It is determined by averaging the lower of each day's two (2) low tides, at a particular location over recorded history.

"MHHW." See "Mean higher high water."

"MLLW." See "Mean lower low water."

"Monitor" means a raised, central portion of a roof having low windows or louvers for light and air.

"Moorage, covered" means a pier or system of floating or fixed accessways covered with a roof, to which boats on water may be secured.

"Moorage, open" means an uncovered pier or system of floating or fixed accessways to which boats on water may be secured.

"Moorage, transient" means moorage available to the public, generally for a fee, on a short-term basis. Transient moorage may be available on an hourly, daily or weekly basis.

"Moorage walkway" means the pier, float(s) or combination of pier and float(s) designed and used to give pedestrian access from the land to floating home sites at a floating home moorage. Ramps which provide access to individual floating homes are not moorage walkways.

"Mortuary service" means a medical service use which provides services including but not limited to the preparation of the dead for burial or cremation, viewing of the body and funerals.

(Ord. 122310, § 37, 2006; Ord. 113466 § 2(part), 1987.)

23.60.928 "N."

"Natural beach protection" means naturally regenerating systems designed and used to prevent and control beach erosion.

"Navigational aid" means a structure used to guide or position ships and boats or to warn of navigational hazards, including but not limited to buoys, beacons, and light towers.

"Nonwater-dependent use" means a use which is not water-dependent or water-related in that access to the water or to water-dependent uses is not required for its operation, even if the aesthetics of a waterfront location may increase profitability. The following and similar uses are included: Eating and drinking establishments, lodging, retail sales and services, medical services, funeral services, offices, religious facilities, schools, principal use parking, tennis courts, health clubs, and residential uses on land.

(Ord. 113466 § 2(part), 1987.)

23.60.930 "O."

"Offshore facilities" means any facilities, seaward of the outer harbor line, floating or supported on a pier or piers, used to transfer or assemble materials or for construction purposes, except aquacultural facilities and structures, research and scientific monitoring facilities.

"Open space" means land and/or water area with its surface open to the sky or predominantly undeveloped, which is set aside to serve the purposes of providing park and recreational opportunities, conserving natural resources and structuring urban development and form.

"Ordinary high water mark" means, on all lakes, streams, and tidal water, that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, or as it may naturally change thereafter or as it may change thereafter in accordance with permits issued by the Director or the Department of Ecology: provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

(Ord. 113466 § 2(part), 1987.)

23.60.932 "P."

"Pier" means a structure extending into the water for use as a landing place or promenade or to protect or form a harbor.

"Pier, accessory to residential structures" means a structure for swimming or for landing and open wet moorage of watercraft accessory to single-family or multifamily residential structures.

"Pier, finger or spur" means a minor extension from a primary pier.

"Public facility" means a facility owned, operated or franchised by a unit of general or special purpose government for public purposes.

(Ord. 118793 § 41, 1997; Ord. 113466 § 2(part), 1987.)

23.60.934 "R."

"Railroad" means a public or private right-of-way on which tracks for trains are constructed. Railroad yards and stations shall be classified as cargo or passenger terminals.

"Regulated public access" means provision to the public by an owner, by easement, covenant or similar legal agreement, of substantial walkways, corridors, parks, transient moorage or other areas serving as a means of view and/or physical approach to public waters, and limited as to hours of availability, types of activity permitted, location and area.

"Residential use" means the following uses:

– Artist's studio/dwelling;

– Assisted living facility;

– Caretaker's quarters;

– Floating home;

– Mobile home park;

– Multifamily structure;

– Single-family dwelling unit;

– Congregate residence.

"Riprap" means a foundation or sustaining wall of stones placed in the water or on an embankment to prevent erosion.

(Ord. 122310, § 38, 2006; Ord. 118793 § 42, 1997; Ord. 113466 § 2(part), 1987.)

23.60.936 "S."

"Sale and/or rental of large boats" means a marine sales and service use in which boats sixteen (16) feet or more in length are rented or sold.

"Sale and rental of small boats, boat parts and accessories" means a marine 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.

"Shorelands" or "shoreland areas" means those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of this title; the same to be designated as to location by the Department of Ecology.

"Shoreline conditional use" means uses identified as such in this chapter which may be authorized by the Director and approved by the Department of Ecology in specific cases where certain stated facts and conditions are found to exist.

"Shoreline Master Program" means the comprehensive use plan for the shorelines of the city which consists of the Shoreline Goals and Policies of the Seattle Comprehensive Plan and the specific regulations of this chapter.

"Shoreline protective structures" means a bulkhead, riprap, groin, revetment, natural beach protection or other structure designed to prevent destruction of or damage to the existing shoreline by erosion or wave action.

"Shoreline recreation" means an open-space use which consists of a park or parklike area which provides physical or visual access to the water. The following and similar uses are included: fishing piers, swimming areas, underwater diving areas or reefs, boat launching ramps, bicycle and pedestrian paths, viewpoints, concessions without permanent structures, floats and bathhouses.

"Shoreline special use" means uses identified as such in this chapter which may be authorized by the Director in specific cases where the facts and conditions stated in Section 23.60.032 are found to exist.

"Shoreline variance" means a modification of the regulations of this chapter when authorized by the Director and approved by the Department of Ecology after a finding that the literal interpretation and strict application of the provisions of this chapter would cause undue and unnecessary hardship in view of specific facts and conditions applying to a lot in the Shoreline District.

"Shorelines" means all the water areas of the City and their associated shorelands, together with the lands underlying them, except:

A. Shorelines of statewide significance;

B. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less and the wetlands associated with such upstream segments; and

C. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes.

"Shorelines of Statewide Significance." The following shorelines of the City are identified in RCW 90.58.030(2)(e) as shorelines of statewide significance:

A. Those areas of Puget Sound and adjacent salt waters lying seaward from the line of extreme low tide;

B. Lake Washington;

C. The Duwamish River;

D. Those shorelands associated with subdivisions B and C of this subsection.

"Shorelines of the City" means the total of all "shorelines" and z"shorelines of statewide significance" within the City.

"Structure" means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts artificially joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, including fences, walls, signs, piers, floats and drydocks, but not including poles, flower-bed frames and other minor incidental improvements, or vessels.

"Substantial development" means any development of which the total cost or fair market value exceeds Two Thousand Five Hundred Dollars ($2,500), except as otherwise provided in Section 23.60.020 C7b, or any development which materially interferes with the normal public use of the water or shorelines of the City.

"Submerged land" means all lands waterward of the ordinary high water or mean higher high water, whichever is higher.

(Ord. 122310, § 39, 2006; Ord. 118793 § 43, 1997; Ord. 118408 § 11, 1996; Ord. 117789 § 7, 1995; Ord. 116325 § 6, 1992; Ord. 113466 § 2(part), 1987.)

23.60.938 "T."

"Transportation facilities" means the following uses:

– Rail transit facilities;

– Vehicle storage and maintenance;

– Air transportation facilities;

– Cargo terminal;

– Passenger terminal;

– Parking and moorage; and

– Tugboat services.

"Tugboat services" means a transportation facility use that consists of moorage for more than one (1) tugboat and dispatch offices, except that facilities that include barge moorage and loading and unloading facilities for barges as well as tugboat moorages are not tugboat services and are classified as cargo terminals.

(Ord. 122310, § 40, 2006; Ord. 113466 § 2(part), 1987.)

23.60.940 "U."

"Use" means the purpose for which land or a building is designed, arranged or intended, or for which it is occupied or maintained, let or leased. For purposes of this chapter, uses shall also include activities and structures which modify the land, such as dredging, landfill, breakwaters, shoreline protective structures, and utility lines.

"Use, accessory" means a use which is incidental and intrinsic to the function of a principal use and is not a separate business establishment unless a home occupation.

"Use, principal" means any use, whether a separate business establishment or not, which has a separate and distinct purpose and function from other uses on the lot.

"Use, Water-dependent." See "Water-dependent use."

"Utilities" means the following uses:

– Communication utility;

– Utilities service uses;

– Solid waste management;

– Recycling;

– Sewage treatment plant;

– Power plant; and

– Utility lines.

"Utility extension, limited" means the extension of a utility service that: (1) is categorically exempt under Chapter 43.21C RCW for one (1) or more of the following: natural gas, electricity, telephone, water, or sewer; (2) will serve an existing use in compliance with this chapter; and (3) will not extend more than two thousand five hundred (2,500) linear feet within the shoreline areas subject to this chapter.

"Utility lines" means pipes, cables or other linear conveyance systems used to transport power, water, gas, oil, wastewater or similar items. Utility lines include outfalls and intakes.

(Ord. 122310, § 41, 2006; Ord. 118793 § 44, 1997; Ord. 113466 § 2(part), 1987.)

23.60.942 "V."

"Vessel" means ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water, including historic ships which do not have a means of self-propulsion and steering equipment.

"Vessel repair, major" means a marine retail sales and service use in which one (1) or more of the following activities take place:

1. Repair of ferrous hulls;

2. For ships or boats one hundred twenty (120) feet in length, any one (1) or more of the following activities:

a. Repair of nonferrous hulls,

b. Conversion,

c. Rebuilding,

d. Dismantling, and

e. Exterior painting.

"Vessel repair, minor" means a marine retail sales and service use in which one (1) or more of the following activities takes place:

1. General boat engine and equipment repair;

2. The replacement of new or reconditioned parts;

3. Repair of nonferrous boat hulls under one hundred twenty (120) feet in length;

4. Painting and detailing; and

5. Rigging and outfitting; but not including any operation included in the definition of "Vessel repair, major."

"View corridor" means an open-air space on a lot affording a clear view across the lot to the water from the abutting street.

(Ord. 113466 § 2(part), 1987.)

23.60.944 "W."

"Water-dependent use" means a use which cannot exist in other than a waterfront location and is dependent on the water by reason of the intrinsic nature of its operations. The following uses, and similar uses, are included:

Ferry and passenger terminals, marine construction and repair, aquaculture, cargo terminal for marine commerce or industry, boat launch facilities, marinas, floating home moorages, tour boats, cruise ships, tug and barge operations, shoreline recreation, moorage, yacht clubs, limnological or oceanographic research facilities.

"Water-related use" means a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without use of the water adjacent to the site. The construction, maintenance and use of facilities such as docks, piers, wharves or dolphins shall be required. The following uses, and similar uses, are included: Seafood and fish processing, lumber and plywood mills, sand and gravel companies, concrete mix and cement plants, water pollution control services, marine electronics, marine refrigeration, marine sales, freeze/chill warehouses, and boat rigging operations.

"Watershed restoration plan" means a plan developed or sponsored by the State Department of Fish and Wildlife, the State Department of Ecology, the State Department of Natural Resources, the State Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to Chapter 43.21 RCW, the State Environmental Policy Act.

"Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or part of the plan and consists of one (1) or more of the following activities:

A. A project that involves less than ten (10) miles of streamreach, in which less that twenty-five (25) cubic yards of sand, gravel or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;

B. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

C. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred (200) square feet in floor area and is located above the ordinary high water mark of the stream.

"Waterway" means a public highway for watercraft providing access from land to water and from water to land platted by the Washington State Harbor Line Commission for the convenience of commerce and navigation.

"Wetlands" means those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (The method for delineating wetlands shall follow the most current version of the "Washington State Wetlands Identification and Delineation Manual" as adopted by the State Department of Ecology.)

"Wildlife" means living things that are neither human nor domesticated, including but not limited to mammals, birds and fishes.

(Ord. 118793 § 45, 1997; Ord. 117789 § 8, 1995; Ord. 113466 § 2(part), 1987.)

23.60.946 "Y."

"Yacht, boat and beach clubs" means institutional uses classified as either private clubs or community clubs which consist of structures and related grounds and/or moorage used for social and recreational purposes related to pleasure boating and/or swimming, the use of which is primarily restricted to members and their guests. Membership may be either open to the public through a membership fee only (community clubs) or by initiation and election according to qualifications in the club's Charter or bylaws (private clubs).

(Ord. 113466 § 2(part), 1987.)

Subchapter XVII
Measurements

23.60.950 Measurements in the Shoreline District.

Measurements of height, view corridors, lot coverage, and other shoreline requirements in the Shoreline District shall be as described in this subchapter. These measurement regulations supplement other regulations of this title as described in Section 23.60.014. When a development is partly within and partly without the Shoreline District, measurement techniques for that portion of the development outside of the Shoreline District shall be as required in the underlying zoning.

(Ord. 118793 § 46, 1997: Ord. 113466 § 2(part), 1987.)

23.60.952 Height.

Height of structures shall be determined by measuring from the average grade of the lot immediately prior to the proposed development to the highest point of the structure not otherwise excepted from the height limits. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of ordinary high water, except in the Urban Harborfront, as provided in Section 23.60.666.

(Ord. 118793 § 47, 1997: Ord. 113466 § 2(part), 1987.)

23.60.954 View corridors.

When a view corridor is required, it shall be provided according to the development standards set forth in Section 23.60.162 using the following measurement techniques:

A. The width of the view corridor or corridors shall be determined by calculating the required percent of the width of the lot at the street or upland lot line;

B. The view corridor or corridors shall be in the direction of the predominant view of the water and, when topographically possible, generally parallel to existing view corridors;

C. When a lot is bounded by more than one (1) street, the Director shall determine which street front shall be used for the view corridor calculation; the determination shall be based on consideration of the relative amounts of traffic on each of the streets, the direction of the predominant view of the water and the availability of actual views of the water.

(Ord. 113466 § 2(part), 1987.)

23.60.956 Calculation of lot depth.

In certain environments, regulation of development differs according to the depth of the dry-land portion of the lot. To qualify for some special regulations, a lot must have less than fifty (50) feet of dry land. To qualify for locating single-family residences over water, a lot must have less than thirty (30) feet but at least fifteen (15) feet of dry land.

A. A lot shall be determined by the Director to have a depth of less than fifty (50) feet of dry land if:

1. The lot abuts a street or railroad right-of-way which is generally parallel to the shoreline; and

2. A straight line, parallel to and fifty (50) feet waterward of the street or railroad right-of-way and extending between two (2) lot lines, crosses submerged land for more than fifty (50) percent of its distance; or

3. If the lot lines and/or street or railroad right-of-way are irregular, the Director may determine if the lot has a depth of less than fifty (50) feet of dry land, based upon the intent of the Shoreline Master Program.

B. A lot shall be determined by the Director to have a depth of less than thirty (30) feet but at least fifteen (15) feet of dry land if:

1. The lot abuts a street or railroad right-of-way which is generally parallel to the shoreline; and

2. A straight line, parallel to and fifteen (15) feet waterward of the street or railroad right-of-way and extending between two (2) lot lines, crosses dry land for more than fifty (50) percent of its distance; and

3. A straight line, parallel to and thirty (30) feet waterward of the street or railroad right-of-way and extending between two (2) lot lines, crosses submerged land for more than fifty (50) percent of its distance; or

4. If the lot lines and/or street or railroad right-of-way are irregular, the Director may determine whether the lot has a depth of less than thirty (30) feet but at least fifteen (15) feet of dry land, based on the intent of the Shoreline Master Program.

(Ord. 116325 § 7, 1992; Ord. 113466 § 2(part), 1987.)

23.60.958 Calculation of percent of a lot occupied by a specific use.

The following measurement techniques shall be used to calculate the percentage of a lot occupied by a use for developments other than water-dependent incentive developments in the Urban Harborfront. For water-dependent incentive calculations see Section 23.60.960.

A. For purpose of this section, the "lot" includes all the lot area within the Shoreline District including vacant lands, submerged and dry lands, and lands available for lease from the State Department of Natural Resources and developed or proposed to be developed, but excluding any area required for public access. Submerged lands shall not be counted in calculating lot area for purposes of minimum lot area requirements of single-family zones or density standards of other zones.

B. All lot area occupied by a specific use shall include:

1. The footprint, including balconies, decks and eaves, of any structure occupied by the use or its accessory uses; provided, that if a structure is occupied by more than one (1) use, the amount of the structure's footprint allocated to any one (1) use shall be calculated proportionately to its share of the structure's total floor area as follows: the square footage of the structure's footprint allocated to any one (1) use (A) is equal to the total square footage of the structure's footprint (B) multiplied by the total square footage of the use and its accessory uses located within the structure (C) divided by the total square footage within the structure (D), expressed as the following equation:

A = B × C/D

 

2. The area outside of any structure, occupied by the use or its accessory uses, including the following:

a. The area of any parking provided for the use in excess of required accessory parking spaces including aisles and turning areas;

b. The area of any moorage occupied by the use including piers, floats, dockage areas, channels and turning basins;

c. The area occupied by any storage accessory to the use.

C. The percent of lot occupied by a specific use shall be calculated by dividing the use area calculated in subsection B above by the lot area given in subsection A above times one hundred (100).

D. To calculate the percent of dry land or percent of submerged lands occupied by a specific use or category of use, the dry lands and submerged lands shall each be calculated separately.

E. To calculate the percent of area occupied by a category of use such as non-water-dependent commercial, the area occupied by all such uses as calculated above shall be summed and divided by the lot area.

(Ord. 116791 § 1, 1993; Ord. 116398 § 3, 1992; Ord. 116325 § 8, 1992; Ord. 113466 § 2(part), 1987.)

23.60.960 Calculation of percent of lot occupied by a water-dependent use for purposes of the water-dependent incentive in the Urban Harborfront Environment.

The following measurement techniques shall be used to calculate the percent of a lot occupied by a water-dependent use for the purpose of qualifying for water-dependent incentive review.

A. For purposes of this section, the "lot" includes all the lot area within the Shoreline District including vacant lands, submerged and dry lands, and lands available for lease from the State Department of Natural Resources that is developed or proposed to be developed.

B. All lot area occupied by a water-dependent use shall include:

1. The footprint, including balconies, decks and eaves, of any structure occupied by the use or its accessory uses, provided that if a structure is occupied by more than one (1) use, the percent of floor space of the structure occupied by the water-dependent use shall be used to calculate the percent of the footprint allocated to that use;

2. The area of any required accessory parking spaces including aisles and turning areas;

3. The area of any moorage in excess of the required moorage; including piers, floats, dockage areas, channels and turning basins;

4. The area occupied by any storage accessory to the water-dependent use.

C. Area occupied by a water-dependent use may include any number of water-dependent uses, including uses that already exist on the site.

D. Water-dependent uses shall be as defined in Section 23.60.944, except that for purposes of calculating the water-dependent use for this section, marinas providing less than one thousand (1,000) lineal feet of moorage shall be considered required moorage. Marinas providing more than one thousand (1,000) lineal feet of moorage may be included in the calculations for water-dependent use for the purpose of water-dependent incentive.

E. The percent of lot occupied by a specific use shall be calculated by dividing the use area calculated in subsection B above by the lot area given in subsection A above times one hundred (100).

F. To calculate the percent of dry land or percent of submerged lands occupied by a specific use or category of use, the dry lands and submerged lands shall each be calculated separately.

G. To calculate the percent of area occupied by a category of use such as non-water-dependent commercial, the area occupied by all such uses, as calculated above, shall be summed and divided by the lot area.

(Ord. 113466 § 2(part), 1987.)

23.60.962 Calculation of lot width for piers accessory to residential development.

The following measurement technique shall be used to calculate whether or not lot width at the line of ordinary high water is sufficient to comply with the requirement of subsection B3 of Section 23.60.204:

A. Lot width shall be the distance measured in a straight line between the points where the lot lines intersect the ordinary high water mark.

B. If the lot lines, ordinary high water mark or other conditions are irregular, the Director may determine if the lot meets the lot width criterion, based on the intent of the Shoreline Master Program.

(Ord. 113466 § 2(part), 1987.)

Chapter 23.61
STATION AREA OVERLAY DISTRICT

Sections:

23.61.002 Purpose and intent.

23.61.004 Station Area Overlay District established.

23.61.006 Application of Regulations

23.61.008 Prohibited Uses.

23.61.012 Residential structures

23.61.014 Nonconforming uses.

23.61.016 Development agreements

23.61.002 Purpose and intent.

The purpose and intent of this chapter is to regulate land use and development in a manner that supports transit-oriented development near light rail stations.

(Ord. 120452 § 5(part), 2001.)

23.61.004 Station Area Overlay District established.

There is hereby established pursuant to Chapter 23.59 of the Seattle Municipal Code, the Station Area Overlay District, as shown on the Official Land Use Map, Chapter 23.32.

(Ord. 120452 § 5(part), 2001.)

23.61.006 Application of Regulations

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

(Ord. 123020, § 11, 2009; Ord. 122043 § 1, 2006; Ord. 120452 § 5(part), 2001.)

23.61.008 Prohibited Uses.

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

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

B. Dry boat storage;

C. General manufacturing;

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

E. Sales and rental of large boats;

F. Vessel repair (major or minor);

G. Mini-warehouse;

H. Principal use, nonresidential long-term parking;

I. Outdoor storage;

J. Heavy commercial sales;

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

L. Solid waste management;

M. Recycling uses;

N. Towing services;

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

P. Wholesale showroom; and

Q. Warehouse.

(Ord. 122311, § 74, 2006; Ord. No. 122043 § 2, 2006; Ord. 121245 § 1, 2003; Ord. 120609 § 15, 2001; Ord. 120452 § 5(part), 2001.)

23.61.012 Residential structures

Residential uses are permitted outright anywhere in a structure in C zones and NC zones, unless located on a lot in a pedestrian-designated zone, where they are limited to 20 percent of each street-level, principal pedestrian street-facing façade.

(Ord. 123020, § 12, 2009; Ord. 122311, § 76, 2006; Ord. 120452 § 5(part), 2001.)

23.61.014 Nonconforming uses.

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

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

a. Henderson;

b. Othello;

c. Edmunds; and

d. McClellan.

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

a. Automotive retail sales and services;

b. General manufacturing;

c. Heavy commercial services; and

d. Mini-warehouse and warehouse.

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

1. The use was in existence on May 5, 2006;

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

3. The new location is not within a pedestrian-designated zone;

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

5. The use at the new location is limited to one drive-in lane; and

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

(Ord. 122311, § 77, 2006; Ord. No. 122043 § 3, 2006; Ord. 120452 § 5(part), 2001.)

23.61.016 Development agreements

A. The Director may recommend that the Council approve a development agreement pursuant to Chapter 36.70B RCW for real property within the Station Area Overlay District.

B. The Director's recommendation shall be informed by a coordinated development plan or urban design framework that the Director has developed through a community involvement process.

C. The Director may recommend a development agreement in the following Station Area Overlay Districts:

1. Capitol Hill Station Area Overlay District.

a. The proposed development agreement shall be for the development of real property that:

1) Is owned by or under the control of a regional transit authority authorized under Chapter 81.112 RCW for the purpose of developing a light rail transit station; and

2) Is contiguous or is bisected only by streets, alleys, or other public rights of way.

b. The proposed development agreement may set forth development standards that vary from otherwise applicable development regulations, subject to the following limitations:

1) Any additional structure height allowed may not exceed 85 feet, except, where the underlying zone designation is Neighborhood Commercial, structures may exceed 85 feet as provided for in subsection 23.47A.012.D;

2) Uses prohibited in the underlying zone shall not be permitted;

3) FAR requirements may be varied for an individual lot, however, the total FAR as calculated for all lots under the proposed development agreement shall not exceed six;

4) Variations of Green Factor requirements for an individual lot shall not result in a Green Factor ratio for the aggregated lots that is less than the ratio that would result from imposition of otherwise applicable Green Factor requirements to all individual lots; and

5) The provisions of Chapter 23.41 shall apply to development proposals within the scope of the development agreement, except that the recommendation of the Design Review Board shall be consistent with the development agreement, and if there is a conflict between a Design Review Board recommendation and the terms of the development agreement, the latter shall prevail.

D. The Director shall prepare a written report on a proposed development agreement. The Director shall submit the report and proposed development agreement to the Council after any applicable SEPA appeal period has lapsed without an appeal being initiated or, if a SEPA appeal is timely initiated, after the Hearing Examiner issues a decision affirming the Director's compliance with SEPA. The report shall include:

1. An evaluation of the proposed development agreement's consistency with any applicable coordinated development plan or urban design framework that the Director has developed through a community involvement process and any applicable Comprehensive Plan goals and policies;

2. Proposed development standards for the site; and

3. The Director's recommendation.

E. The Council shall hold a public hearing on the proposed development agreement. Notice of the hearing shall be provided at least 30 days prior to the hearing by inclusion in the Land Use Information Bulletin.

F. If the Council determines to approve a proposed development agreement, the Council may:

1. Set forth development standards that vary from otherwise applicable development regulations, subject to any applicable limitations in subsection 23.61.016.C; and

2. Set forth other provisions, unrelated to development standards, that the Council deems appropriate.

G. After its approval by the Council and after all parties to the development agreement approve and execute it, the City Clerk shall record the development agreement in the real property records of King County.

H. Nothing in this Section 23.61.016 limits the Council's authority to enter into a development agreement authorized by Chapter 36.70B RCW in situations other than those described in subsection 23.61.016.C.

(Ord. 123711, § 1, 2011.)

Chapter 23.64
AIRPORT HEIGHT OVERLAY DISTRICT

Sections:

23.64.002 Purpose.

23.64.004 Boundaries.

23.64.006 Development standards.

23.64.008 Application of regulations.

23.64.010 Special exception.

23.64.002 Purpose.

The purpose of the Airport Height Overlay District is to ensure safe and unobstructed takeoff and landing approach paths to King County International Airport (Boeing Field).

(Ord. 114561 § 1(part), 1989.)

23.64.004 Boundaries.

A. The Airport Height Overlay District shall be divided into five (5) types of overlay areas. The areas shall be the Inner Approach Area (IA), Outer Approach Area (OA), Turning Area (TG), Conical Area (CA), and the Transition Areas (TN). The boundaries shall be based on the imaginary surfaces developed by the Federal Aviation Administration for height limits surrounding airports. For purposes of illustration, the spatial representation of the imaginary surfaces is shown in Exhibit 23.64.004 A. The boundaries of these imaginary surfaces as projected on a map of the City are shown for illustrative purposes only in Exhibit 23.64.004 B. The actual boundary locations of the overlay areas are shown on the Official Airport Height Map, which is part of Exhibit A established pursuant to Chapter 23.32 of the Land Use Code.

B. The "Primary Surface" is defined as a surface longitudinally centered on the King County International Airport runways, which extends two hundred feet (200') beyond the end of the runway and is one thousand feet (1,000') wide. The primary surface is at the elevation of the runway.

C. The "Inner Approach Area" is defined as that area which lies directly below imaginary inclined surfaces (the "Inner Approach Surfaces") longitudinally centered on the extended runway centerline and extending outward and upward from the north and south ends of the primary surface. The inner edges of the inner approach surfaces are one thousand (1,000) feet wide and expand uniformly to a width of four thousand (4,000) feet. The inner approach surfaces extend for a horizontal distance of ten thousand (10,000) feet at a slope of fifty (50) horizontal to one (1) vertical.

D. The "Outer Approach Area" is defined as that area which lies directly below imaginary inclined surfaces (the "Outer Approach Surfaces") longitudinally centered on the extended runway centerline and extending outward and upward from the north and south outer edges of the inner approach surfaces. The inner edges of the outer approach surfaces are four thousand feet (4,000') wide and expand uniformly to a width of eight thousand feet (8,000'). The outer approach surfaces extend for a horizontal distance of forty thousand feet (40,000') at a slope of forty (40) horizontal to one (1) vertical.

E. The "Turning Area" is defined as that area which lies directly below an imaginary horizontal oval surface (the "Turning Surface") one hundred fifty feet (150') above the established airport elevation (which is seventeen feet (17') above sea level), the perimeter of which is constructed by swinging ten-thousand-foot (10,000') radii arcs from the center of the end of the primary surface and by connecting the adjacent arcs with parallel lines tangent to those arcs.

F. The "Conical Area" is defined as that area which lies directly below an imaginary surface (the "Conical Surface") which extends outward and upward from the periphery of the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a horizontal distance of four thousand feet (4,000').

G. The "Transitional Areas" are defined as the areas which lie directly below the imaginary inclined surfaces (the "Transitional Surfaces") which extend outward and upward from the edges of the primary surface and the inner and outer approach surfaces. The transitional surfaces extend at a slope of seven (7) horizontal to one (1) vertical at right angles to the runway centerline and extension of the runway centerline. Transitional surfaces for those portions of the approach surfaces which project through and beyond the limits of the conical surface, extend a distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface and at right angles to the runway centerline. Transitional surfaces for those portions of the inner approach surface and the primary surface extend up to the turning surface.

(Ord. 114561 § 1(part), 1989.) {/PICK;23-64-004-1;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-64-004-1.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.64.004A\. {/PICK;23-64-004-2;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-64-004-2.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibit 23.64.004B\.

23.64.006 Development standards.

A. No structure shall be erected, or altered, in any area defined in this section to a height in excess of the limits established in this chapter unless otherwise provided.

B. The maximum height permitted for structures and trees in each area shall be as follows, and shall be known as the height limits of the Airport Height Overlay District:

1. In Inner Approach Areas (IA), the boundaries of which are shown on the Official Airport Height Map, structures and trees shall not exceed the height of the Inner Approach Surface. This shall not restrict heights in Inner Approach Areas to less than thirty-seven feet (37').

2. In Outer Approach Areas (OA), the boundaries of which are shown on the Official Airport Height Map, structures and trees shall not exceed the height of the Outer Approach Surface.

3. In Turning Areas (TN), the boundaries of which are shown on the Official Airport Height Map, structures and trees shall not exceed the height of the Turning Surface. This shall not restrict heights in Turning Areas to less than sixty-five feet (65').

4. In Conical Areas (CA), the boundaries of which are shown on the Official Airport Height Map, structures and trees shall not exceed the height of the Conical Surface. This shall not restrict heights in Conical Areas to less than sixty-five feet (65').

5. In Transition Areas (TN), the boundaries of which are shown on the Official Airport Height Map, structures and trees shall not exceed the height of the inclined Transition Surfaces. This shall not restrict heights in Transition Areas to less than thirty-seven feet (37').

C. Trees exceeding the height limits of the Airport Height Overlay District shall not be required to be cut or trimmed to conform to the height limits of the Airport Height Overlay District unless the Director is notified by the Federal Aviation Administration (FAA) that the trees are a potential hazard to aviation.

(Ord. 114561 § 1(part), 1989.)

23.64.008 Application of regulations.

All properties located within the Airport Height Overlay District shall be subject to both the requirements of the underlying zone classification and to the requirements imposed for the Airport Height Overlay District. At no time shall the provisions of this chapter be read to modify the provisions of the underlying zoning, other overlay districts or special districts, except for height restrictions stated in this chapter. In any case where the provisions of the Airport Height Overlay District conflict with the provisions of the underlying zone, the more restrictive height limit shall apply.

(Ord. 114561 § 1(part), 1989.)

23.64.010 Special exception.

The Director may permit a structure to exceed the limits of the Airport Height Overlay District as a special exception pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. Such an exception shall only be permitted if the Director finds that all of the following conditions exist:

A. The Federal Aviation Administration advises the Director that the exception to the height limits does not create a hazard to aviation; and

B. The additional height is necessary for the successful physical function of the structure; and

C. The exception will not result in re-routing of aircraft; and

D. The structure is designed to minimize adverse impacts of lighting on surrounding uses while complying with the lighting requirements of the Federal Aviation Administration.

(Ord. 114561 § 1(part), 1989.)

Chapter 23.66
SPECIAL REVIEW DISTRICTS

Sections:

Subchapter I General Provisions

23.66.010 Establishment of special review districts.

23.66.015 Procedure to establish, alter or abolish special review districts.

23.66.018 Director of the Department of Neighborhoods

23.66.020 Special review boards.

23.66.025 Use and development standards.

23.66.030 Certificates of approval-Application, review and appeals.

23.66.032 Contributing structures; determination of architectural or historic significance

23.66.035 Other land use decisions.

23.66.040 Enforcement and penalties.

Subchapter II Pioneer Square Preservation District

Part 1 General Purpose and Organization

23.66.100 Creation of district, legislative findings and purpose

23.66.110 Responsible agency.

23.66.115 Demolition approval.

Part 2 Use and Development Standards

23.66.120 Permitted uses

23.66.122 Prohibited uses

23.66.124 Uses subject to special review

23.66.130 Street-level uses

23.66.132 Council conditional uses.

23.66.140 Height

23.66.150 Structure setbacks

23.66.155 Waiver of common recreation area requirements.

23.66.160 Signs

23.66.170 Parking and access

23.66.180 Exterior building design.

23.66.190 Streets and sidewalks.

Subchapter III International Special Review District

Part 1 General Purposes and Organization

23.66.302 International Special Review District goals and objectives

23.66.304 International District Mixed (IDM) Zone Goals and Objectives.

23.66.306 International District Residential (IDR) Zone goals and objectives

23.66.308 International District preferred uses east of Interstate 5

23.66.310 Union Station Corridor goals and objectives

23.66.312 Composition of the Special Review Board.

23.66.314 Staff support for the Special Review Board.

Part 2 Use and Development Standards

23.66.316 Decision on certificate of approval.

23.66.318 Demolition approval

23.66.320 Permitted uses.

23.66.322 Prohibited uses

23.66.324 Uses subject to special review

23.66.326 Street-level uses

23.66.328 Uses above street level

23.66.332 Height and Rooftop Features

23.66.334 Streets and sidewalks

23.66.336 Exterior building finishes

23.66.338 Signs

23.66.340 Minimum maintenance.

23.66.342 Parking and access.

Subchapter I
General Provisions

23.66.010 Establishment of special review districts.

The Council may establish special review districts by ordinance to control development in such districts.

(Ord. 112134 § 1(part), 1985.)

23.66.015 Procedure to establish, alter or abolish special review districts.

A petition to establish, alter or abolish a special review district shall be filed and considered in the same manner as amendments to the Official Land Use Map, Chapter 23.32. A petition or proposal to establish a special review district shall include a statement of purpose. The boundaries of a special review district shall be drawn on the Official Land Use Map.

(Ord. 112134 § 1(part), 1985.)

23.66.018 Director of the Department of Neighborhoods

As used in this chapter, "Director of Neighborhoods", "Department of Neighborhoods Director" and "Director of the Department of Neighborhoods" mean the Director of the department or the Director's designee.

(Ord. 123589, § 75, 2011; Ord. 118012 § 18A, 1996)

23.66.020 Special review boards.

A. The ordinance establishing a special review district may create a special review board. Unless otherwise specified, a special review board shall consist of seven (7) members. Five (5) of the members shall be chosen at annual elections, called and conducted by the Department of Neighborhoods Director, at which all residents, persons who operate businesses, their employees, and property owners of the special review district shall be eligible to vote. Two (2) of the members shall be appointed by the Mayor and confirmed by the Council. The Mayor shall, in making board appointments, attempt to assure that a diversity of interests in the district is represented on the board. The Department of Neighborhoods Director shall provide twenty (20) days' notice of the board's first meeting in the City's official newspaper, by Land Use Information Bulletin, and by publishing notice in one (1) or more community newspapers which are circulated within the district. Thereafter, notice of annual meetings shall be provided to the public by the board's publication of notice in one (1) or more district community newspapers. The Council shall establish terms of service for members of a special review board in the ordinance creating the district. No person shall serve more than two (2) consecutive terms on a special review board.

B. Each special review board shall elect a chairperson and adopt procedures as required to conduct its business. Staff assistance to each special review board shall be provided by the Department of Neighborhoods Director. A majority of all members of the special review board shall constitute a quorum for the purpose of transacting business. All decisions shall be by majority vote of those members present. In the event of a tie vote, a motion shall be defeated. The special review board shall keep minutes of all of its official meetings which shall be maintained by the Department of Neighborhoods Director. The Department of Neighborhoods Director shall also maintain a copy of the procedures of the special review board.

C. When use and development standards for a special review district are not provided in the ordinance creating the district, the special review board shall recommend such standards pursuant to Section 23.66.025 of this chapter.

D. The special review board shall review applications for certificates of approval, and all petitions or applications for amendments to the Official Land Use Map, conditional uses, special exceptions, variances and planned unit developments or planned community developments and shall make a recommendation on any such application or petition to the Department of Neighborhoods Director.

E. The special review board may, in its discretion, make recommendations to the Mayor, the Council, and any public or private agency concerning land use and development in the district.

(Ord. 121477 § 42, 2004; Ord. 116744 § 29, 1993; Ord. 112134 § 1(part), 1985.)

23.66.025 Use and development standards.

A. The Council may include use and development standards in the ordinance establishing a special review district. If use and development standards are not included, the special review board may, after at least one (1) public hearing, recommend use and development standards for the special review district to the Department of Neighborhoods Director who shall recommend use and development standards to the Council. If the special review board fails to recommend use and development standards within ninety (90) days after its first meeting, the Department of Neighborhoods Director shall prepare use and development standards and recommend such standards to the Council. The Council shall consider proposed use and development standards in the same manner as Land Use Code text amendments. Use and development standards shall be adopted by ordinance and may thereafter be amended in the same manner as Land Use Code text amendments as provided in Chapter 23.76.

B. The use and development standards shall identify the unique characteristics of the district, shall include a statement of purpose and intent, and shall be consistent with the purposes for creating the special review district. The standards shall identify uses, structures and design features that have positive or negative effects upon the character of the district, and may modify use and development standards and other provisions of the Land Use Code to allow and encourage or to limit or exclude structures, designs, and uses. All provisions of the Land Use Code shall apply in special review districts. Use and development standards shall specify the criteria by which uses, structures and designs will be evaluated. In the event of irreconcilable differences between the use and development standards adopted pursuant to this chapter, and the provisions regulating the underlying zone, the provisions of this chapter shall apply.

C. The Department of Neighborhoods Director, following recommendation by the board, may adopt rules consistent with the use and development standards of the special review district, in accordance with Chapter 3.02 of the Seattle Municipal Code.

(Ord. 118414 § 46, 1996; Ord. 116744 § 30, 1993; Ord. 112134 § 1(part), 1985.)

23.66.030 Certificates of approval-Application, review and appeals.

A. Certificate of Approval Required. No person shall alter, demolish, construct, reconstruct, restore, remodel, make any visible change to the exterior appearance of any structure, or to the public rights-of-way or other public spaces in a special review district, and no one shall remove or substantially alter any existing sign or erect or place any new sign or change the principal use of any building, or any portion of a building, structure or lot in a special review district, and no permit for such activity shall be issued unless a certificate of approval has been issued by the Department of Neighborhoods Director.

B. Fees. The fees for certificates of approval shall be established in accordance with the requirements of SMC Chapter 22.901T.

C. Application.

1. An application for a certificate of approval shall be filed with the Director of the Department of Neighborhoods. When a permit application is filed with the Director or with the Director of Transportation for work requiring a certificate of approval, the permit application shall not be determined to be complete until the applicant has submitted a complete application for a certificate of approval to the Department of Neighborhoods.

2. The following information must be provided in order for the application to be complete, unless the Director of the Department of Neighborhoods indicates in writing that specific information is not necessary for a particular application:

a. Building name and building address;

b. Name of the business(es) located at the site of the proposed work;

c. Applicant's name and address;

d. Building owner's name and address;

e. Applicant's telephone number;

f. The building owner's signature on the application, or a signed letter from the owner designating the applicant as the owner's representative, if the applicant is not the owner;

g. Confirmation that the fee required by SMC Chapter 22.901T of the Permit Fee Subtitle has been paid;

h. A detailed description of the proposed work, including:

(1) Any changes that will be made to the building or the site,

(2) Any effect that the work would have on the public right-of-way or other public spaces,

(3) Any new construction,

(4) Any proposed use, change of use, or expansion of use;

i. Four (4) sets of scale drawings, with all dimensions shown, of:

(1) A site plan of existing conditions, showing adjacent streets and buildings, and, if the proposal includes any work in the public right-of-way, the existing street uses, such as street trees and sidewalk displays, and another site plan showing proposed changes to the existing conditions,

(2) A floor plan showing the existing features and a floor plan showing the proposed new features,

(3) Elevations and sections of both the proposed new features and the existing features,

(4) Construction details,

(5) A landscape plan showing existing features and plantings, and another landscape plan showing proposed site features and plantings;

j. Photographs of any existing features that would be altered and photographs showing the context of those features, such as the building facade where they are located;

k. One (1) sample of proposed colors, if the proposal includes new finishes or paint, and an elevation drawing or a photograph showing the location of proposed new finishes or paint;

l. If the proposal includes new signage, awnings, or exterior lighting:

(1) Four (4) sets of scale drawings of proposed signage or awnings, showing the overall dimensions, material, design graphics, typeface, letter size, and colors,

(2) Four (4) sets of a plan, photograph, or elevation drawing showing the location of the proposed awning, sign, or lighting,

(3) Four (4) copies of details showing the proposed method of attaching the new awning, sign, or lighting,

(4) The wattage and specifications of the proposed lighting, and a drawing or picture of the lighting fixture,

(5) One (1) sample of proposed sign colors or awning material and color,

(6) For new signage or awnings in the International Special Review District, the dimensions of the street frontage on the side where the sign or awning would be located;

m. If the proposal includes demolition of a structure or object:

(1) A statement of the reason(s) for demolition,

(2) A description of the replacement structure or object and the replacement use;

n. If the proposal includes replacement, removal, or demolition of existing features, a survey of the existing conditions of the features that would be replaced, removed, or demolished.

3. The Director of the Department of Neighborhoods 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 of the Department of Neighborhoods 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 of the Department of Neighborhoods 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.

4. The determination of completeness does not preclude the Director of the Department of Neighborhoods or the board from requiring additional information during the review process if more information is needed to evaluate the application according to the criteria in this chapter and in any rules adopted by the board, or if the proposed work changes. For example, additional information that may be required could include a shadow study or a traffic study when new construction is proposed.

5. An applicant may make a written request to submit an application for a certificate of approval for a preliminary design of a project if the applicant waives in writing the deadline for a board recommendation and decision by the Director of the Department of Neighborhoods on the subsequent design phase or phases of the project, and agrees in writing that the decision by the Director of the Department of Neighborhoods on the preliminary design is immediately appealable by the applicant or any interested person. The staff may reject the request if it appears that approval of a preliminary design would not be an efficient use of staff or board time and resources, or would not further the goals and objectives of this chapter. To be complete, an application for a certificate of approval for a preliminary design must include the information listed above in subsection C2, subparagraphs a through h, i(1) through i(3), j, m and n. A certificate of approval that is granted for a preliminary design shall be conditioned upon subsequent submittal of the final design and all of the information listed above in subsection C2, and upon board approval, prior to issuance of permits for work affecting the structure, right-of-way or space.

6. After the special review board has given notice of the meeting at which an application for a certificate of approval will be considered, no other application for the same alteration or change of use may be submitted until the application is withdrawn or the Department of Neighborhoods Director has approved or denied the existing application and all appeals have been concluded, except that an application may be made for a certificate of approval for the preliminary design of a project and a later application made for a certificate of approval for a subsequent design phase or phases of the same project.

D. Review.

1. Review When No Special Review Board is Established.

a. When there is no special review board, the Department of Neighborhoods Director shall, within thirty (30) days of a determination that an application for a certificate of approval is complete, determine whether the proposed action is consistent with the use and development standards for the district and shall, within fifteen (15) additional days, issue, issue with conditions or deny the requested certificate of approval.

b. A copy of the Department of Neighborhoods Director's decision shall be sent to the Director and mailed to the owner and the applicant at the addresses provided in the application. Notice of the Director's decision also shall be provided to any person who, prior to the rendering of the decision, made a written request to receive notice of the decision or submitted written substantive comments on the application.

2. Review When Special Review Board is Established.

a. When a special review board has been established, the board shall hold a public meeting to receive comments on certificate of approval applications.

b. Notice of the board's public meeting shall be posted in two (2) prominent locations in the district at least three (3) days prior to the meeting.

c. The board, after reviewing the application and considering the information received at the public meeting, shall make a written recommendation to the Department of Neighborhoods Director to grant, grant with conditions, or deny the certificate of approval application based upon the consistency of the proposed action with the requirements of this chapter, the district use and development standards, and the purposes for creating the district. The board shall make its recommendation within thirty (30) days of the receipt of a completed application by the board staff, except that the applicant may waive the deadlines in writing for the special review board to make a recommendation or the Director of the Department of Neighborhoods to make a decision, if the applicant also waives any deadlines on the review or issuance of related permits that are under review by the Department of Planning and Development.

d. The Department of Neighborhoods Director shall, within fifteen (15) days of receiving the board's recommendation, issue or deny a certificate of approval or issue an approval with conditions.

e. A copy of the decision shall be sent to the Director and mailed to the owner and the applicant at the addresses provided in the application. Notice of the decision shall be provided to any person who, prior to the rendering of the decision, made a written request for notice of the decision, or submitted substantive written comments on the application.

3. A decision denying a certificate of approval shall state the specific reasons for the denial and explain why the proposed changes are inconsistent with the requirements of this subchapter and adopted use and development standards for the district.

E. Appeal to Hearing Examiner.

1. Any interested person may appeal the decision of the Department of Neighborhoods Director to the Hearing Examiner by filing a notice of appeal within fourteen (14) days of the Department of Neighborhoods Director's decision. When the proposed action that is the subject of the certificate of approval is also the subject of one (1) or more related permit applications under review by the Department of Planning and Development, then the appellant must also file notice of the appeal with the Director of the Department of Planning and Development, and the appeal of the certificate of approval shall not be heard until all of the time periods for filing administrative appeals on the other permits or any environmental determinations have expired, except that an appeal of a certificate of approval for the preliminary design or for subsequent design phases may proceed immediately without being consolidated. The appeal of the certificate of approval shall be consolidated with the predecision hearing required for any Type IV Council land use decision, or if one (1) or more appeals are filed regarding the other permits or environmental determinations, the appeal of the certificate of approval shall be consolidated with them and shall be heard according to the same timelines established for the other appeals or predecision hearing, except that appeals to the State Shoreline Hearings Board shall proceed independently according to the timelines set by the state for such appeals, and except that an appeal of a certificate of approval for a preliminary design or for a subsequent design phase may proceed without being consolidated.

2. If the related permit decisions would not be appealable, and no predecision hearing is required, then the appeal of the certificate of approval decision shall proceed immediately after it is filed.

3. The applicant for the certificate of approval, not involving approval of preliminary and subsequent design phases also may elect to have the appeal proceed immediately rather than be postponed for consolidation with appeals of related permit applications or with a predecision hearing, if the applicant agrees in writing that the time period for review of those permits or approvals shall be suspended until the Hearing Examiner issues a decision on the appeal of the cerificate of approval.

4. The Hearing Examiner shall hear the appeal de novo in accordance with the standards and procedures established for Hearing Examiner appeals by Chapter 3.02 of the Seattle Municipal Code. Appeals shall be limited to the issues cited in the notice of appeal. The decision appealed may be reversed or modified only if the Hearing Examiner finds that the Department of Neighborhoods Director's decision was arbitrary and capricious.

5. If evidence is presented to the Hearing Examiner that was not presented to the Board, or if the Hearing Examiner determines that additional information is required, then the Hearing Examiner shall remand the decision to the Department of Neighborhoods Director for consideration of the additional information or evidence.

6. The Hearing Examiner shall issue a decision not later than ninety (90) days after the last of any appeals of related permit decisions is filed provided that, when an appeal of a certificate of approval is consolidated with a predecision hearing, the Hearing Examiner shall issue the decision on the certificate of approval with the recommendation to the City Council on a Type IV Council land use decision, or, if the applicant chooses to proceed immediately with the appeal of the certificate of approval, as provided in subsection E3, then not later than ninety (90) days from the filing of that appeal. The time period to consider and decide the appeal of a certificate of approval shall be exempt from the deadlines for review and decision on both the certificate of approval and any related permit applications or approvals.

7. The decision of the Hearing Examiner shall be final. Copies of the Hearing Examiner's decision shall be mailed to all parties of record before the Hearing Examiner. 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.

F. Revocation of Certificates of Approval. Building construction, remodeling, restoration, renovation, removal, demolition and use shall conform to the requirements of the certificate of approval granted by the Department of Neighborhoods Director. Approval may be revoked for failure to comply with this chapter, the ordinance creating the district, or the conditions of the certificate of approval.

G. Expiration of Certificates of Approval. A certificate of approval for a use shall be valid as long as the use is authorized by the applicable codes. Any other type of certificate of approval shall be valid for eighteen (18) months from the date of issuance of the decision granting it unless the Director of the Department of Neighborhoods grants an extension in writing; provided however, that certificates of approval for actions subject to permits issued by the Department of Planning and Development shall be valid for the life of the permit issued by the Department of Planning and Development, including any extension granted by the Department of Planning and Development in writing.

(Ord. 121276 § 37, 2003; Ord. 120157 § 2, 2000; Ord. 119121 § 2, 1998; Ord. 118409 § 206, 1996: Ord. 118181 §§ 1, 2, 1996; Ord. 118012 § 19, 1996: Ord. 116744 § 31, 1993: Ord. 112134 § 1(part), 1985.)

23.66.032 Contributing structures; determination of architectural or historic significance

A. The owner of a lot in the Pioneer Square Preservation District or the International Special Review District may apply to the Director of Neighborhoods for a determination that a structure on the lot contributes, and is expected to continue to contribute, to the architectural and/or historic character of the District. A structure for which that determination is made is considered a contributing structure for purposes of this Section 23.66.032 and for purposes of the eligibility of the lot to send South Downtown Historic TDR or South Downtown Historic TDP pursuant to Sections 23.49.014 and 23.58A.018. The determination is made by the Director of Neighborhoods, after recommendation by the Pioneer Square Preservation Board or the International Special Review District Board. A structure for which an application for demolition approval has been granted or is pending is not eligible for a determination under this Section 23.66.032. The Director of Neighborhoods may defer consideration of an application under this Section 23.66.032 until final action is taken on any application for a certificate of approval, and any appeals have been resolved.

B. In making a recommendation and decision under subsection 23.66.032.A, the relevant Board and the Director of Neighborhoods shall take into account the reasons for designating the District as set forth in Section 23.66.100 or 23.66.302 and how they apply to the structure; whether the structure was identified as historic or as contributing, or both, for purposes of listing in the National Register of Historic Places or the local special review district; and the state of historic integrity, repair, maintenance, and useful life of the structure. The Director of Neighborhoods and the relevant Board may rely on information submitted by the owner, information provided by members of the public, other information available in public records, and site visits. The Director of Neighborhoods may determine that the structure is contributing; that it cannot be contributing; or that it will be contributing conditioned upon specific rehabilitation or maintenance work.

C. If the Director of Neighborhoods determines that the structure will be contributing conditioned upon rehabilitation or maintenance work, then the owner shall not be entitled to a final determination, and the structure shall not be considered contributing for purposes of this Title 23, until either (1) the work is completed to the satisfaction of the Director of Neighborhoods, or (2) a certificate of approval for the work is issued and the owner provides a bond or other security acceptable to the Director of Neighborhoods for the completion of the work.

D. The owner shall submit to the Director of Neighborhoods, in support of a request for a determination under this Section 23.66.032, a historic resource report prepared by a historic preservation consultant approved by the Director of Neighborhoods. The historic resource report shall include the information described in this subsection 23.66.032.D, except that the Director of Neighborhoods may allow the omission of information not necessary for a particular application:

1. History of the structure, including significant historical events, persons and uses associated with the structure;

2. Ownership history;

3. Construction history, including original plans and subsequent alterations to the exterior; a chronology of historical documentation; site work, references to craftsmen, builders, and architects associated with the structure; early views, photographs, and other materials showing appearance at different periods; and results of physical investigation;

4. Architectural evaluation, including an assessment of all exterior features and finishes and identification of those architectural features, materials, finishes and construction techniques that are character-defining.

5. An analysis of existing conditions, damage, structural problems, and materials deterioration.

6. Bibliography and references.

E. There is no administrative appeal of the decision of the Director of Neighborhoods. Any judicial review must be commenced within 21 days of issuance of the Director of Neighborhoods' decision, as provided by RCW 36.70C.040.

(Ord. 123589, § 76, 2011.)

23.66.035 Other land use decisions.

The Director and the Department of Neighborhoods Director shall deliver copies of petitions for amendments to the Official Land Use Map, copies of applications for planned unit developments and planned community developments, and copies of applications for conditional uses, special exceptions, and variances which affect property within a special review district, to the appropriate special review board for its recommendation. The special review board shall submit any recommendations in writing within thirty (30) days of receipt of copies of the application.

(Ord. 116744 § 32, 1993: Ord. 112134 § 1(part), 1985.)

23.66.040 Enforcement and penalties.

Enforcement of the provisions of this chapter shall be pursuant to Chapter 23.90 of this Land Use Code.

(Ord. 112134 § 1(part), 1985.)

Subchapter II
Pioneer Square Preservation District

Part 1 General Purpose and Organization

23.66.100 Creation of district, legislative findings and purpose

A. During the City of Seattle's relatively brief history, it has had little time in which to develop areas of consistent historical or architectural character. It is recognized that the Pioneer Square area of Seattle contains many of these rare attributes and consequently is an area of great historical and cultural significance. Further, the regional sports stadiums, constructed in and near the Pioneer Square area, and the traffic and activities that they generate have resulted in adverse impacts upon the social, cultural, historic and ethnic values of the Pioneer Square area. To preserve, protect, and enhance the historic character of the Pioneer Square area and the buildings therein; to return unproductive structures to useful purposes; to attract visitors to the City; to avoid a proliferation of vehicular parking and vehicular-oriented uses; to provide regulations for existing on-street and off-street parking; to stabilize existing housing, and encourage a variety of new and rehabilitated housing types for all income groups; to encourage the use of transportation modes other than the private automobile; to protect existing commercial vehicle access; to improve visual and urban relationships between existing and future buildings and structures, parking spaces and public improvements within the area; and to encourage pedestrian uses, there is established as a special review district, the Pioneer Square Preservation District. The boundaries of the District are shown on Map A for 23.66.100 and on the Official Land Use Map.

B. The District is depicted on Map A for 23.66.100. All property in the entire District shall be developed and used in accordance with the use and development standards established in this Chapter 23.66 and the use and development standards for the underlying zone in which the property is located. In the event of irreconcilable differences between the use and development standards of this Chapter 23.66 and other provisions of this Land Use Code, this Chapter 23.66 applies, except that nothing in this Chapter 23.66 shall permit any use or development on a lot from which TDR or TDP are transferred that is inconsistent with the restrictions applicable as a result of such transfer pursuant to Chapter 23.49 or Chapter 23.58A.

C. Reasons for Designating the Pioneer Square Preservation District.

1. Historic Significance. The Pioneer Square Preservation District is unique because it is the site of the beginning of The City of Seattle. The area also retains much of the original architecture and artifacts of its early history. The District has played a significant role in the development of Seattle, the Puget Sound region and The State of Washington. It was the first location of industry, business and homes in early Seattle and the focus of commerce and transportation for more than a half century.

2. Architectural Significance. As a collection of late nineteenth and early twentieth-century buildings of similar materials, construction techniques and architectural style, the District is unique, not only to the City but to the country as well. Most of the buildings within the District embody the distinctive characteristics of the Late Victorian style. Many buildings are the work of one architect, Elmer H. Fisher. For these and other reasons, the buildings combine to create an outstanding example of an area that is distinguishable in style, form, character and construction representative of its era.

3. Social Diversity. The District represents an area of unique social diversity where people from many income levels and social strata live, shop and work. It is an area in which social services, including missions, low-income housing and service agencies exist.

4. Business Environment. The District is an area of remarkable business diversity. The street level of the area north of S. King Street is pedestrian-oriented, with its storefronts occupied primarily by specialty retail shops, art galleries, restaurants and taverns. The upper floors of buildings in the historic core are occupied by professional offices, various types of light manufacturing, and housing for persons of many income groups. The area south of S. King Street includes the stadium's north parking lot, a number of structures occupied by light manufacturing and warehousing use, and several structures converted to office, residential and mixed use. The stadium's north parking lot may be redeveloped to accommodate a mix of uses, including a substantial amount of housing. The ongoing restoration and sensitive rehabilitation of many District structures, combined with proposed compatible new construction, will continue to enhance the District's economic climate.

5. Educational Value. The restoration and preservation of the District will yield information of educational significance regarding the way of life and the architecture of the late nineteenth-century as well as adding interest and color to the City. Restoration of the District will preserve the environment that was characteristic of an important era of Seattle's history.

6. Geographic Location. The District is uniquely situated adjacent to Seattle's waterfront, the central business district, the International District, and sports stadium and exhibition center facilities.

(Ord. 123589, § 77, 2011; Ord. 119484 § 34, 1999: Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map A is codified at the end of this chapter.

23.66.110 Responsible agency.

A. A special review board for the Pioneer Square Preservation District is created and shall be known as the "Pioneer Square Preservation Board" (hereafter, the "Board" or the "Preservation Board"). The Preservation Board shall be composed of nine (9) members, all of whom shall be appointed by the Mayor and confirmed by the Council, and shall consist of two (2) architects, two (2) owners of property in the District, one (1) District retail business owner, one (1) attorney, one (1) human service representative, one (1) at-large member, and one (1) historian or architectural historian. At least one (1) of the Board's members shall be a resident of the District. Appointments shall be for terms of three (3) years each, except that initial appointments shall be staggered so that three (3) of the appointees shall serve for three (3) years, three (3) for two (2) years, and three (3) for one (1) year each. All members of the Pioneer Square Preservation Board, established by Ordinance 1100581, are appointed and confirmed as interim members of the Pioneer Square Preservation Board and shall serve until appointments pursuant to this chapter have been completed. Members of the Preservation Board shall serve without compensation.

In addition to the members set forth above, one (1) designated young adult position shall be added to the Preservation Board pursuant to the Get Engaged Program, SMC Chapter 3.51. The terms of service related to this young adult position are set forth in SMC Chapter 3.51.

B. The Department of Neighborhoods Director shall provide staff and clerical support for the Preservation Board and shall assign a member of the Department's staff to act as Preservation Board Coordinator. The Coordinator shall be the custodian of the Board's records, handle official correspondence, and organize and supervise the Board's clerical and technical work. The Coordinator shall also recommend to the Preservation Board such actions, policies, rules and regulations as may be necessary to carry out the purposes of this chapter.

C. The Department of Neighborhoods Director, after receiving the Board's recommendations, shall formulate detailed rules, to be adopted after a public hearing pursuant to Chapter 3.02 of this Code, which will clarify the use and development standards for the District.

(Ord. 121568 § 9, 2004; Ord. 120914 § 6, 2002; Ord. 116744 § 33, 1993; Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Ord. 110058 was repealed by Ord. 112134.

23.66.115 Demolition approval.

A. Demolition or removal of buildings or other structures in the District is prohibited unless approved by the Department of Neighborhoods Director. Except as provided in subsection B below, no approval shall be given for building demolition or removal unless the following prerequisites are met:

1. The Director of Neighborhoods, following a recommendation by the Preservation Board, determines that the building or structure has no architectural or historic significance; and

2. Use and design of the replacement structure has been approved by the Department of Neighborhoods Director; and

3. Proof acceptable to the Department of Neighborhoods Director of a valid commitment for interim and long-term financing for the replacement structure has been secured. In addition to other proof, the Department of Neighborhoods Director may accept a bond, letter of credit or cash deposit as a demonstration that the project has adequate financial backing to ensure completion; and

4. Satisfactory arrangements have been made for retention of any part of the structure's facade which the Department of Neighborhoods Director, following a recommendation by the Preservation Board, determines to be significant; and

5. Satisfactory assurance is provided that new construction will be completed within two (2) years of demolition.

B. When demolition or removal of a building or other structure in the District is essential to protect the public health, safety and welfare or when the purposes of this ordinance will be furthered by the demolition or removal, then the Director of Neighborhoods, following review and recommendation by the Board, may authorize such demolition or removal whether the prerequisites of this section are satisfied or not.

C. Pursuant to RCW 36.70B.140, the Department of Neighborhoods Director's decision is exempt from the time limits and other requirements of RCW 36.70B.060 through 36.70B.080 and the requirements of RCW 36.70B.110 through 36.70B.130.

D. There is no administrative appeal of the decision of the Director of the Department of Neighborhoods. The Department of Neighborhoods Director's decision shall be final. Any judicial review must be commenced within twenty-one (21) days of issuance of the Department of Neighborhoods Director's decision, as provided by RCW 36.70C.040.

(Ord. 120157 § 3, 2000; Ord. 118012 § 20, 1996; Ord. 116744 § 34, 1993; Ord. 112134 § 1(part), 1985.)

Part 2 Use and Development Standards

23.66.120 Permitted uses

A. All uses are permitted outright except those that are specifically prohibited by Section 23.66.122 and those that are subject to special review as provided in Section 23.66.124.

B. Essential Public Facilities. Essential public facilities shall also be reviewed pursuant to the provisions of Chapter 23.80, Essential Public Facilities.

C. All uses not specifically prohibited or subject to special review under Section 23.66.124 are permitted as both principal and accessory uses, except gas stations, which are permitted as accessory uses only in parking garages.

(Ord. 123034, § 6, 2009; Ord. 117430 § 79, 1994; Ord. 112134 § 1(part), 1985.)

23.66.122 Prohibited uses

A. The following uses are prohibited in the Pioneer Square Preservation District as both principal and accessory uses:

Retail ice dispensaries;

Plant nurseries;

Frozen food lockers;

Animal shelters and kennels;

Pet daycare, except as permitted as a street level use in subsection 23.49.180.F if an applicant elects to use added height under the provisions of Section 23.49.180;

Automotive sales and service, except gas stations located in parking garages;

Marine sales and service;

Heavy commercial services;

Heavy commercial sales;

Adult motion picture theaters;

Adult panorams;

Bowling alleys;

Skating rinks;

Major communication utilities;

Advertising signs and off-premises directional signs;

Transportation facilities, except passenger terminals, rail transit facilities, parking garages, and streetcar maintenance bases;

Outdoor storage;

Jails;

Work-release centers;

General and heavy manufacturing uses;

Solid waste management;

Recycling uses; and

High-impact uses.

B. Except for the uses listed in subsection 23.66.122.B.2, automobile-oriented commercial uses are prohibited, including but not limited to the automobile-oriented uses listed in subsection 23.66.122.B.1.

1. Examples of prohibited automobile-oriented commercial uses.

a. Drive-in businesses.

b. Principal and accessory surface parking areas not in existence prior to August 10, 1981.

c. Principal-use parking garages for long-term parking.

d. Motels.

2. Permitted automobile-oriented uses.

a. Gas stations accessory to parking garages;

b. Accessory-use surface parking in the Subarea B shown on Map C for 23.66.122 and 23.66.150 either

(1) if the accessory-use surface parking is in a location permitted by and complies with the standards contained in Section 23.49.180; or

(2) if the lot satisfies the provisions of Section 23.49.019,

c. Principal-use parking garages for long-term parking in structures authorized pursuant to subsection 23.49.180; and

d. Accessory-use parking garages.

(Ord. 123034, § 7, 2009; Ord. 122330, § 2, 2007; Ord. 122311, § 78, 2006; Ord. 122054 § 76, 2006; Ord. 120928 § 38, 2002; Ord. 119484 § 35, 1999: Ord. 118414 § 47, 1996; Ord. 116744 § 35, 1993; Ord. 114623 § 16, 1989; Ord. 112777 § 33, 1986; Ord. 112303 § 6, 1985: Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map B is codified at the end of this chapter.

23.66.124 Uses subject to special review

A. Principal-use parking garages for short-term parking at any location, except principal use parking garages for short-term parking in structures authorized pursuant to Section 23.49.180, require approval of the Department of Neighborhoods Director after review and recommendation by the Preservation Board and may be permitted if the following conditions are met:

1. The use will not increase the ambient noise level in existing residences within line of sight of the proposed parking structure; and

2. Exterior materials, height, wall openings and fenestration will reflect, to the extent possible, the character of the adjoining structures or structures on the adjoining block facing the site; and

3. Access will comply with the standards in Section 23.66.170; and

4. Automobile circulation within the garage will not be visible from the adjoining public streets.

B. Uses at street level of approved parking garages are limited to those uses permitted in the area, other than parking, to a minimum depth of 20 feet along all street frontages, and along alleys and malls that are limited solely to pedestrian use.

(Ord. 123034, § 8, 2009; Ord. 119484 § 36, 1999; Ord. 116744 § 36, 1993; Ord. 112134 § 1(part), 1985.)

23.66.130 Street-level uses

A. 1. Uses at street level in the area designated on Map B for 23.66.130 require the approval of the Department of Neighborhoods Director after review and recommendation by the Preservation Board.

2. Street level uses in the PSM 85-120 zone within the area shown on Map A for 23.49.180 are subject to the provisions of subsection 23.49.180.F if an applicant elects to use added height under the provisions of Section 23.49.180. Such street level uses require the approval of the Department of Neighborhoods Director after review and recommendation by the Preservation Board.

B. Preferred Street-level Uses.

1. Preferred uses at street level must be highly visible and pedestrian oriented. Preferred street-level uses either display merchandise in a manner that contributes to the character and activity of the area, and/or promote residential uses, including but not limited to the following uses:

a. Any of the following uses under 3,000 square feet in size: art galleries and other general sales and service uses, restaurants and other eating and drinking establishment uses, and lodging uses;

b. Theaters.

2. Accessory parking garages that serve preferred street-level uses on streets or malls, parks or alleys designed for pedestrian uses are also preferred.

C. Discouraged Street-level Uses.

1. The following are discouraged at street level in the area designated on Map B for 23.66.130:

a. Any use occupying more than 50 percent of any block front;

b. Any of the following with gross floor area over 3,000 square feet: general sales and services uses, eating and drinking establishment uses, and lodging uses;

c. All other uses with gross floor area over 10,000 square feet;

d. Professional services establishments or offices that occupy more than 20 percent of any block front; and

e. Parking garages that are not accessory to preferred uses.

2. Discouraged uses may be approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board if an applicant demonstrates that the proposed use is compatible with uses preferred at street level.

D. Conditions on Street-level Uses. Approved street level uses in the area designated on Map B for 23.66.130 are subject to the following conditions:

1. No use may occupy more than 50 percent of the street-level frontage of a block that is 20,000 square feet or more in area;

2. Human service uses and personal service establishments, such as hair cutting and tanning salons, may not exceed 25 percent of the total street-level frontage of any block front.

E. The following uses are prohibited at street level in the area designated on Map B for 23.66.130:

Wholesaling, storage and distribution uses;

Vocational or fine arts schools;

Research and development laboratories;

Radio and television studios;

Taxidermy shops;

Appliance repair shops;

Upholstery establishments; and

Other similar uses.

F. The street-level location of entrances and exits of all vehicular-oriented uses, where permitted, shall be approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board. View-obscuring screening may be required as needed to reduce adverse visual impacts on the immediate area.

(Ord. 123034, § 9, 2009; Ord. 122311, § 79, 2006; Ord. 120611 § 16, 2001; Ord. 119484 § 37, 1999: Ord. 116744 § 37, 1993; Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Maps B and D are codified at the end of this chapter.

23.66.132 Council conditional uses.

City facilities and public projects which do not meet use and development standards may be permitted by the Council pursuant to Chapter 23.76 of this Land Use Code.

(Ord. 118012 § 20A, 1996: Ord. 112134 § 1(part), 1985.)

23.66.140 Height

A. Maximum Height. Maximum structure height is regulated by Section 23.49.178 Pioneer Square Mixed, structure height.

B. Minimum Height. No structure shall be erected or permanent addition added to an existing structure that would result in the height of the new structure of less than 50 feet, except as allowed in the PSM 85-120 zone under the provisions of Section 23.49.180 for the area shown on Map A for 23.49.180. Height of the structure is to be measured from mean street level fronting on the property to the mean roofline of the structure.

C. Rooftop Features and additions to structures.

1. The height limits established for the rooftop features described in this Section 23.66.140 may be increased by the average height of the existing street parapet or a historically substantiated reconstructed parapet on the building on which the rooftop feature is proposed.

2. For development in the PSM 85-120 zone in the area shown on Map A for 23.49.180 and subject to the provisions of Section 23.49.180, the height limits for rooftop features are provided in subsection 23.49.008.D. The standards contained in subsections 23.66.140.C.1 and 23.66.140.C.4 do not apply to rooftop features on development subject to the provisions of Section 23.49.180.

3. The setbacks required for rooftop features may be modified by the Department of Neighborhoods Director, after a sight line review by the Preservation Board to ensure that the features are minimally visible from public streets and parks within 300 feet of the structure.

4. Height limits for rooftop features.

a. Religious symbols for religious institutions, smokestacks and flagpoles may extend up to 50 feet above the roof of the structure or the maximum height limit, whichever is less, except as regulated in Chapter 23.64 of this Land Use Code, provided that they are a minimum of 10 feet from all lot lines.

b. For existing structures, open railings, planters, clerestories, skylights, play equipment, parapets and firewalls may extend up to 4 feet above the roof of the structure or the maximum height limit, whichever is less. For new structures, such features may extend up to 4 feet above the maximum height limit. No rooftop coverage limits apply to such features regardless of whether the structure is existing or new.

c. Solar collectors, excluding greenhouses, may extend up to 7 feet above the roof of the structure or the maximum height limit, whichever is less, with unlimited rooftop coverage, provided they are a minimum of 10 feet from all lot lines. For new structures, solar collectors may extend up to 7 feet above the maximum height limit, except as provided in subsection 23.66.140.C4.j.1, and provided that they are a minimum of 10 feet from all lot lines.

d. The following rooftop features may extend up to 8 feet above the roof or maximum height limit, whichever is less, if they are set back a minimum of 15 feet from the street and 3 feet from an alley. They may extend up to 15 feet above the roof if set back a minimum of 30 feet from the street. A setback may not be required at common wall lines subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. The combined coverage of the following listed rooftop features shall not exceed 15 percent of the roof area:

1) Solar collectors, excluding greenhouses;

2) Stair and elevator penthouses;

3) Mechanical equipment;

4) Minor communication utilities and accessory communication devices, except that height is regulated according to the provisions of Section 23.57.014.

Additional combined coverage of these rooftop features, not to exceed 25 percent of the roof area, may be permitted subject to review by the Preservation Board and approval by the Department of Neighborhoods Director.

e. On structures existing prior to June 1, 1989 and on additions to such structures permitted according to subsection 23.66.140.C.4.i or otherwise, new or replacement mechanical equipment and stair and elevator penthouses may extend up to 8 feet above the elevation of the existing roof or addition, as applicable, when they are set back a minimum of 15 feet from the street and 3 feet from an alley; or may extend up to 12 feet above the elevation of the existing roof or addition, as applicable, if they are set back a minimum of 30 feet from the street, subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. On structures where rooftop features are allowed under subsection 23.66.140.C.4.e, the combined coverage of these rooftop features and any other features listed in subsection 23.66.140.C.4.d shall not exceed the limit provided in subsection 23.66.140.C.4.d, as it may be increased pursuant to that subsection.

f. Residential and Office Penthouses.

1) Residential penthouses may cover a maximum of 50 percent of the total roof surface and may extend up to 8 feet above the roof if set back a minimum of 15 feet from the street property line, or 12 feet above the roof if set back a minimum of 30 feet from the street property line.

2) Office penthouses are permitted only if the footprint of the existing structure is greater than 10,000 square feet and the structure is at least 60 feet in height. When permitted, office penthouses shall be set back a minimum of 15 feet from all property lines and may cover a maximum of 50 percent of the total roof surface. Office penthouses may extend up to 12 feet above the roof of the structure and shall be functionally integrated into the existing structure.

3) The combined height of the structure and a residential penthouse or office penthouse, if permitted, shall not exceed the maximum height limit for that area of the District in which the structure is located.

g. Screening of Rooftop Features. Measures may be taken to screen rooftop features from public view subject to review by the Preservation Board and approval by the Department of Neighborhoods Director. The amount of roof top area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of rooftop features listed in subsection 23.66.140.C.4.d above. In no circumstances shall the height of rooftop screening exceed 15 feet above the maximum height limit or height of an addition permitted according to subsection 23.66.140.C.4.i or otherwise, whichever is higher.

h. See Section 23.57.014 for regulation of communication utilities and accessory devices.

i. For a structure that has existed since before June 10, 1985 and is nonconforming as to structure height, an addition to the structure may extend to the height of the roof of the existing structure if i) the use of the addition above the limit on structure height applicable under Section 23.49.178 is limited to residential use and ii) the addition occupies only all or a portion of the part of a lot that is bounded by an alley on one side and is bounded on at least two sides by walls of the existing structure that are not street-facing façades.

j. Enclosed Rooftop Common Recreation Areas for New Structures.

1) If included on new structures, enclosed rooftop common recreation areas and solar collectors incorporated into those areas and required under this subsection may exceed the maximum height limit by up to 15 feet. The structure must include solar collectors that provide 2 percent or more of the structure's total electrical energy consumption and the structure must meet a Green Factor requirement of .30 or greater, determined under Section 23.86.019. Each enclosed rooftop common recreation area must include interpretive signage explaining the sustainable features employed on the structure where that area is located. No commercial, residential or industrial use may be established within enclosed common recreation areas allowed to exceed the maximum height limit under this subsection.

2) Elevator penthouses serving an enclosed rooftop common recreation area may exceed the maximum height limit by up to 20 feet.

3) Enclosed rooftop common recreation areas, mechanical equipment, and elevator and stair penthouses shall not exceed 35 percent of the roof area.

4) Enclosed rooftop common recreation areas, mechanical equipment, and elevator and stair penthouses must be set back a minimum of 30 feet from the street and three feet from the alley. Solar collectors must be set back as provided in subsections 23.66.140.C.4.c and 23.66.140.C.4.d.

5) Owners of structures with enclosed rooftop common recreation areas permitted pursuant to this subsection shall submit to the Pioneer Square Preservation Board, the Director of Neighborhoods and the Director of the Department of Planning and Development an annual report, beginning one year after the date of first occupancy of such structure, documenting compliance with the minimum renewable energy generation and green factor criteria set forth above.

D. New Structures. When new structures are proposed in the District, the Preservation Board shall review the proposed height of the structure and make recommendations to the Department of Neighborhoods Director who may require design changes to assure reasonable protection of views from Kobe Terrace Park.

(Ord. 123034, § 10, 2009; Ord. 122935, § 16, 2009; Ord. 122605, § 1, 2007; Ord. 122435, § 2, 2007; Ord. 120928 § 39, 2002; Ord. 120117 § 48, 2000; Ord. 119484 § 38, 1999; Ord. 119370 § 17, 1999; Ord. 116744 § 38, 1993; Ord. 112303 § 7, 1985: Ord. 112134 § 1(part), 1985.)

23.66.150 Structure setbacks

Except as allowed through the provisions of subsection 23.49.180.G for the PSM 85-120 zone in the area shown on Map A for 23.49.180:

A. Structures located within Subarea A on Map C for 23.66.122 and 23.66.150 shall cover the full width of the lot along street lot lines and have street-facing facades that abut street lot lines for the full width of portions of a structure that are up to 100 feet in height.

B. Structures located within Subarea B on Map C for 23.66.122 and 23.66.150 shall abut street lot lines for the full width of the structure's street-facing façade, except as provided for in 23.49.180.

C. New structures or portions of structures located within Subarea C on Map C for 23.66.122 and 23.66.150 shall cover the full width of the lot along street lot lines and have street-facing facades that abut street lot lines for the full width of portions of a structure that are up to 100 feet in height. For structures that exceed 100 feet in height, all portions that exceed 100 feet in height shall be set back at least 15 feet from street lot lines.

D. For all Subareas, modifications to setback standards may be permitted by the Director of Neighborhoods following review and recommendation by the Preservation Board if the following criteria are met:

1. A larger or smaller setback will be compatible with and not adversely affect the streetscape or publicly-owned open space; and

2. A larger or smaller setback will be compatible with other design elements, such as bulk, size and profile, of the proposed building.

(Ord. 123589, § 78, 2011; Ord. 123034, § 11, 2009; Ord. 119484 § 39, 1999: Ord. 116744 § 39, 1993: Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map C is codified at the end of this chapter.

23.66.155 Waiver of common recreation area requirements.

The Director of Neighborhoods, after review and recommendation by the Preservation Board, may waive or reduce the common recreation area required by the underlying zoning or modify the required standards for common recreation area under the following conditions:

A. Allocation of all or a portion of the required gross floor area would adversely affect the visual character of the structure or the District; or

B. Common recreation area requirements would adversely affect the economic feasibility of the project; or

C. It can be shown that the project is reasonably served by existing public or private recreation facilities located nearby.

(Ord. 116744 § 40, 1993: Ord. 112134 § 1(part), 1985.)

23.66.160 Signs

A. Signs.

1. On-premises signs that comply with the provisions of this Section 23.66.160 are allowed.

2. The following signs are prohibited throughout the Pioneer Square Preservation District:

Permanently affixed, freestanding signs (except those used to identify areas such as parks and those authorized for surface parking lots under subsection 23.66.160.C.7);

Roof signs;

Off-premises signs;

Electric signs and signs using video display methods, excluding neon signs;

Signs with messages that appear to be in motion;

Changing image signs;

Signs with flashing, running or chaser lights.

3. The Preservation Board and the Director of Neighborhoods may delegate to the Director the determination whether a proposed sign is a sign prohibited under subsection 23.66.160.A. If the Director determines a proposed sign is a sign prohibited under subsection 23.66.160.A, the Director of Neighborhoods shall not send the application to the Board and shall deny the application.

4. Each owner of an existing off-premises sign that is lawfully authorized in the District shall comply with the requirements in subsection 23.55.014.F to register the sign, pay the registration fee, and display the sign registration number, and is subject to the penalty provisions of that subsection 23.55.014.F.

B. To ensure that flags, banners and signs are of a scale, color, shape and type compatible with the Pioneer Square Preservation District objectives stated in Section 23.66.100 and with the character of the District and the buildings in the District, to reduce driver distraction and visual blight, to ensure that the messages of signs are not lost through undue proliferation, and to enhance views and sight lines into and down streets, the overall design of a sign, flag, or banner, including size, shape, typeface, texture, method of attachment, color, graphics and lighting, and the number and location of signs, flags, and banners, shall be reviewed by the Board and are regulated as set out in this Section 23.66.160. Building owners are encouraged to develop an overall signage plan for their buildings.

C. In determining the appropriateness of signs, including flags and banners used as signs as defined in Section 23.84A.036, the Preservation Board shall consider the following:

1. Signs Attached or Applied to Structures.

a. The relationship of the shape of the proposed sign to the architecture of the building and with the shape of other approved signs located on the building or in proximity to the proposed sign;

b. The relationship of the texture of the proposed sign to the building for which it is proposed, and with other approved signs located on the building or in proximity to the proposed sign;

c. The possibility of physical damage to the structure and the degree to which the method of attachment would conceal or disfigure desirable architectural features or details of the structure (the method of attachment shall be approved by the Director);

d. The relationship of the proposed colors and graphics with the colors of the building and with other approved signs on the building or in proximity to the proposed sign;

e. The relationship of the proposed sign with existing lights and lighting standards, and with the architectural and design motifs of the building;

f. Whether the proposed sign lighting will detract from the character of the building; and

g. The compatibility of the colors and graphics of the proposed sign with the character of the District.

2. Wall signs painted on or affixed to a building shall not exceed ten percent of the total area of the façade or 240 square feet, whichever is less. Area of original building finish visible within the exterior dimensions of the sign (e.g., unpainted brick) shall not be considered when computing the sign's area.

3. Signs not attached to structures shall be compatible with adjacent structures and with the District generally.

4. When determining the appropriate size of a sign the Board and the Director of Neighborhoods shall also consider the function of the sign and the character and scale of buildings in the immediate vicinity, the character and scale of the building for which the sign is proposed, the proposed location of the sign on the building's exterior, and the total number and size of signs proposed or existing on the building.

5. Information displayed on the valance of awnings, canopies or marquees shall be limited to identification of the name or address of the building or of an establishment located in the building.

6. Projecting signs and neon signs may be recommended only if the Preservation Board determines that all other criteria for permitted signs have been met and that historic precedent, locational or visibility concerns of the business for which the signing is proposed warrant such signing.

7. Surface Parking Lot Signage.

a. The total signage area permitted for each accessory surface parking lot shall not exceed 1 square foot per parking space up to a maximum of 24 square feet per surface parking lot. The total signage area permitted for each existing principal use surface parking lot shall not exceed 1/2 square foot per parking space in the lot, up to a maximum of 18 square feet per principal use surface parking lot.

b. Surface parking lots shall display a sign, counted against the total permitted signage area, with one of the following messages, if applicable:

1) For accessory surface parking lots, or portions thereof, intended only for customer use: "Customer Parking for (Principal User/s) Only." The sign also may contain the address of the principal user or users and mention validation of parking, if applicable. The sign also may contain the information required by state law to lawfully impound unauthorized vehicles.

2) For accessory or principal use surface parking lots, or portions thereof, intended only for reserved parking: "Reserved Parking." The sign also may contain the name and telephone number of the owner. The sign also may contain the information required by state law to lawfully impound unauthorized vehicles.

c. Small on-premises directional signs, such as those designating the entrance to or exit from accessory surface parking areas, are permitted if they are three or fewer square feet in area and are located at a height four or fewer feet above grade at points of egress or ingress. Such signs shall not count against the total permitted sign area.

D. Temporary Signs.

1. The following signs are permitted at all times:

a. Real estate "for sale," "for rent" and "open house" signs, and signs identifying the architect, engineer or contractor for work currently under construction. The total area for these types of signs in the aggregate shall not exceed twenty-four (24) square feet per sixty (60) linear feet of street frontage, provided that the design, location, shape, size, color and graphics are approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board, and provided further that the Director may approve up to thirty-six (36) square feet if there is more than one user of real estate signs or if the building abuts more than two (2) streets; and

b. Noncommercial signs. The total area for noncommercial signs in the aggregate shall not exceed twenty-four (24) square feet per sixty (60) linear feet of street frontage, but where there are multiple users of the building, each business establishment and dwelling unit shall be allowed a minimum of eight (8) square feet of signage, regardless of the twenty-four (24) square foot limitation.

2. The following signs are permitted for fourteen (14) consecutive days four (4) times a calendar year:

a. On-premises commercial signs. The total area for on-premises commercial signs in the aggregate shall not exceed twenty-four (24) square feet per sixty (60) linear feet of street frontage, provided that the design, location, shape, size, color and graphics are approved by the Department of Neighborhoods Director after review and recommendation by the Review Board; and

b. Noncommercial signs. The total area for noncommercial signs in the aggregate shall not exceed thirty-two (32) square feet per sixty (60) linear feet of street frontage, provided that each dwelling unit shall be allowed thirty-two (32) square feet of signage.

3. All temporary signs authorized by this section are subject to the following:

a. Wind-animated objects, search lights and devices of a carnival nature are not allowed.

b. No individual sign shall exceed twelve (12) square feet.

c. Temporary signs required by law shall be permitted.

(Ord. 123589, § 79, 2011; Ord. 120466 § 7, 2001; Ord. 117555 § 4, 1995; Ord. 116744 § 41, 1993; Ord. 112134 § 1(part), 1985.)

23.66.170 Parking and access

A. Parking standards in the Pioneer Square Preservation District are set forth in Section 23.49.019.

B. To mitigate the potential impacts of required loading on the District, the Director of Neighborhoods, after review and recommendation by the Preservation Board, may waive or reduce required loading if reasonable application of the loading standards will adversely affect the visual character of the District.

C. If parking is provided it shall be subject to the requirements of Section 23.54.030.

D. Standards for Location of Access to Parking.

1. Access to arking and loading from alleys, and from streets that generally run east/west is preferred to access from avenues. If a lot abuts more than one right-of-way, the location of access shall be determined by the Department of Neighborhoods Director in consultation with the Director of Transportation. This determination shall be made according to the traffic classification of the street, depicted on Map D for 23.66.170. Access shall be from rights-of-way classified as follows, from the most to least preferred, except when the Department of Neighborhoods Director, following review and recommendation by the Board, determines that access from the preferred right-of-way would create a hazardous condition: Alleys; Access streets; Class II pedestrian streets-minor arterial; Class II pedestrian streets-principal arterial; Class I pedestrian streets-minor arterial; Class I pedestrian streets-principal arterial; Principal transit street; Green Streets.

2. Curbcut width and the number of curbcuts permitted per street frontage shall be governed by Section 23.54.030.

3. The street-level location of entrances and exits of all parking garages, if permitted, shall be permitted only if approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board. View-obscuring screening may be required as needed to reduce adverse visual impacts on the immediate area.

(Ord. 123034, § 12, 2009; Ord. 122054 § 77, 2006; Ord. 120611 § 17, 2001; Ord. 119484 § 40, 1999; Ord. 118409 § 207, 1996: Ord. 116744 § 42, 1993; Ord. 113279 § 31, 1987; Ord. 112519 § 39, 1985; Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map D is codified at the end of this chapter.

23.66.180 Exterior building design.

To complement and enhance the historic character of the District and to retain the quality and continuity of existing buildings, the following requirements shall apply to exterior building design:

A. Materials. Unless an alternative material is approved by the Department of Neighborhoods Director following Board review and recommendation, exterior building facades shall be brick, concrete tinted a subdued or earthen color, sandstone or similar stone facing material commonly used in the District. Aluminum, painted metal, wood and other materials may be used for signs, window and door sashes and trim, and for similar purposes when approved by the Department of Neighborhoods Director as compatible with adjacent or original uses, following Board review and recommendation.

B. Scale. Exterior building facades shall be of a scale compatible with surrounding structures. Window proportions, floor height, cornice line, street elevations and other elements of the building facades shall relate to the scale of the buildings in the immediate area.

C. Awnings. Awnings shall be functional, serving as weather protection for pedestrians at street level, and shall overhang the sidewalk a minimum of five feet (5'). Awnings may be permitted on upper floors for the purpose of climate control. All awnings shall be of a design compatible with the architecture of buildings in the area.

(Ord. 116744 § 43, 1993; Ord. 112134 § 1(part), 1985.)

23.66.190 Streets and sidewalks.

A. Review by the Preservation Board shall be required before any changes are permitted to sidewalk prism lights, sidewalk widths or street paving and curbs.

B. New access to underground areaways shall be limited to access from buildings, except that new access through the sidewalks shall be permitted where stair access existed at any time prior to September 17, 1981, or as approved by the Department of Neighborhoods Director after review and recommendation by the Preservation Board.

(Ord. 116744 § 44, 1993; Ord. 112134 § 1(part), 1985.)

Subchapter III
International Special Review District

Part 1 General Purposes and Organization

23.66.302 International Special Review District goals and objectives

The International District is the urban focal point for the Asian American community. The International Special Review District is established to promote, preserve and perpetuate the cultural, economic, historical, and otherwise beneficial qualities of the area, particularly the features derived from its Asian heritage, by:

A. Reestablishing the District as a stable residential neighborhood with a mixture of housing types;

B. Encouraging the use of street-level spaces for pedestrian-oriented retail specialty shops with colorful and interesting displays;

C. Protecting the area and its periphery from the proliferation of parking lots and other automobile-oriented uses;

D. Encouraging the rehabilitation of existing structures;

E. Improving the visual and urban design relationships between existing and future buildings, parking garages, open spaces and public improvements within the International District;

F. Exercising a reasonable degree of control over site development and the location of off-street parking and other automobile-oriented uses; and

G. Discouraging traffic and parking resulting from athletic stadium events and commuters working outside the District.

All property within the International Special Review District, as designated on the Official Land Use Map, shall be subject to the use and development standards of the underlying zoning and the applicable use and development standards of this Chapter 23.66. In the event of irreconcilable differences between the use and development standards of this Chapter 23.66 and the provisions of the underlying zone or other chapters of the Seattle Municipal Code or other City ordinances, this Chapter 23.66 applies, except that nothing in this Chapter 23.66 shall permit any use or development on a lot from which TDR or TDP are transferred that is inconsistent with the restrictions applicable as a result of such transfer pursuant to Chapter 23.49 or Chapter 23.58A. The boundaries of the International Special Review District are shown on the Official Land Use Map, and on Map A for 23.66.302, included at the end of this Chapter 23.66.

(Ord. 123589, § 80, 2011; Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map A is codified at the end of this chapter.

23.66.304 International District Mixed (IDM) Zone goals and objectives.

The IDM zone designation shall recognize and promote the area's unique social mix and urban design character. This area is the core of the International District which exemplifies Asian culture. A wide range of uses, including street-level retail, housing development above street level, and the rehabilitation of existing buildings, shall be encouraged. New residential uses and the rehabilitation of existing structures shall be encouraged to provide a diversity of residential opportunities. Specific objectives include the following:

A. To maintain and protect the International District core as an Asian cultural, retail and residential center;

B. To allow flexibility and discretion in land use controls, regulations and guidelines to address present conditions and those which may develop in the future;

C. To protect, preserve and promote small retail and commercial businesses;

D. To encourage development of housing above street level;

E. To encourage the rehabilitation of existing buildings; and

F. To assure new development compatible in scale and character with existing buildings.

(Ord. 112519 § 40, 1985: Ord. 112134 § 1(part), 1985.)

23.66.306 International District Residential (IDR) Zone goals and objectives

The International District residential area shall be predominantly a residential neighborhood with primarily residential uses. Other compatible uses shall be permitted to the extent that they reinforce and do not detract from the primary use of the area. The IDR designation and the regulations of the International Special Review District shall recognize and promote the area's unique social and urban design character. Special objectives include:

A. The establishment of the International District area north of South Jackson Street as one of downtown's predominant residential neighborhoods;

B. The development of flexible land use controls, regulations and guidelines to address present conditions and those which may develop in the future;

C. The design, siting, and construction of structures that minimize view blockage from Kobe Terrace Park and from existing structures that are used primarily for residential purposes;

D. The design, siting and construction of structures in a manner that allows reasonable solar exposure and air circulation to adjacent properties;

E. The design, siting and construction of structures that are aesthetically compatible with the area's steep topography and/or nearby public open spaces.

(Ord. 123589, § 81, 2011; Ord. 112519, § 41, 1985; Ord. 112134, § 1(part), 1985.)

23.66.308 International District preferred uses east of Interstate 5

Preferred uses for that portion of the International District that lies east of Interstate 5 include restaurants, retail shops, residential uses, and other small- and medium-scale commercial uses. Commercial businesses and uses with an Asian product, service or trade emphasis are preferred. Preferred uses should contribute to the International District's business core or to the function and purposes of the International District east of Interstate 5.

(Ord. 123589, § 82, 2011; Ord. 112134, § 1(part), 1985.)

23.66.310 Union Station Corridor goals and objectives

The Union Station Corridor is that area bounded by Yesler Way, Fifth Avenue South, Airport Way South, and Fourth Avenue South. The City, in cooperation with King County Metro, local property owners and the affected community, formulated a strategy for the redevelopment of the Union Station Corridor in coordination with the Downtown Transit Project. Specific objectives for a Planned Community Development in the Union Station Corridor include the following:

A. Preservation. The historic Union Station structure should be retained and rehabilitated with consideration given to a mix of private and public uses.

B. Uses. Development in the Corridor should incorporate a mix of uses, such as office, housing, hotel and retail uses in conformance with its International District zoning and the regulations of the International Special Review District. Retention of existing low-income housing should be given a high priority. Consideration should be given to the inclusion of public open space and public uses serving the community.

C. Planned Community Development. The provisions of Section 23.49.036, Planned Community Developments, apply in the area. This procedure allows projects to modify the provisions of the IDM designation as long as the entire project is in conformance. All planned community developments shall be reviewed by the International Special Review District Board which shall make a recommendation to the Director of Neighborhoods.

D. Open Space. Public open space has been included in development in the area, and if applicable to future development proposals, consideration should be given to the retention and enhancement of a linear open space along Fifth Avenue south of Jackson Street, as an open space resource and a major focal point at the west end of King Street.

E. Parking. The number of parking spaces provided in the corridor should be sufficient to meet the requirements for development in the corridor, as well as to contribute to the long-range needs of the International District.

F. Scale. Building height and bulk should conform to the IDM Zone designation and the regulations of the International Special Review District. Development south of Jackson Street should preserve the Union Station building as the dominant structure.

G. View Corridors. Views from Jackson and King Streets should be retained.

H. Pedestrian Environment. To provide a pedestrian link between the International District retail core and Pioneer Square, a pedestrian connection should be retained south of King Street. Consideration should be given to pedestrian improvements along Jackson Street and along Fifth Avenue between Jackson Street and Airport Way South such as streetscaping, widened sidewalks and benches, to "humanize" what are now vehicular-oriented streets.

(Ord. 123589, § 83, 2011; Ord. 116744, § 45, 1993; Ord. 112519, § 42, 1985; Ord. 112134, § 1(part), 1985.)

23.66.312 Composition of the Special Review Board.

The International District Special Review Board (hereafter, the "Board") shall consist of seven (7) members, five (5) of whom are elected and two (2) of whom are appointed by the Mayor and confirmed by the City Council. The five (5) elected members of the Board shall consist of two (2) members who own property in the International District, or who own or are employed by businesses located in the International District; two (2) members who are either residents (including tenants), or persons with a recognized and demonstrated interest in the welfare of the International District Community; and one (1) member at large. One (1) member of the Pioneer Square Special Review Board shall serve as a nonvoting member appointed by the Pioneer Square Special Review Board to serve at that Board's pleasure.

(Ord. 112134 § 1(part), 1985.)

23.66.314 Staff support for the Special Review Board.

The Department of Neighborhoods Director shall provide staff and clerical support for the Board, and shall assign a member of the Department's staff to act as Board Coordinator. The Coordinator shall be the custodian of the Board's records, handle official correspondence, and organize and supervise the clerical and technical work of the Board. The Coordinator shall also recommend such actions, policies, rules and regulations for adoption by the board as may be necessary to accomplish the objectives of this chapter.

(Ord. 116744 § 46, 1993: Ord. 112134 § 1(part), 1985.)

Part 2 Use and Development Standards

23.66.316 Decision on certificate of approval.

The Board shall review all applications for use or development within the International District which require a certificate of approval. The Board's review shall be conducted according to the procedures and timelines set forth in section 23.66.030 D2 of this Land Use Code. The Board shall make a written recommendation based upon the extent to which the proposal is consistent with the goals and objectives of the International Special Review District and the use and development standards of this chapter. The Department of Neighborhoods Director shall make and issue a decision according to the procedures and timelines set forth in section 23.66.030 D of this Land Use Code.

(Ord. 118012 § 21, 1996: Ord. 116744 § 47, 1993: Ord. 112134 § 1(part), 1985.)

23.66.318 Demolition approval

A. To discourage the unnecessary demolition of useful existing structures that contribute to the District's cultural and social character, an assessment of the structure proposed to be demolished shall be prepared and circulated to the Board prior to its consideration of a certificate of approval. Among other factors, the economic, social and physical consequences and benefits of the requested demolition and any alternatives to demolition shall be assessed. Except as provided in subsection 23.66.318.B, a certificate of approval may be granted only if the requested demolition will not adversely affect the District and no reasonable alternatives to demolition exist, and if:

1. The Director of Neighborhoods, after receiving a recommendation by the Special Review Board, determines that the building or structure has no important architectural or historic significance; and

2. Use and design of a replacement structure have been approved by the Director of Neighborhoods; and

3. Proof acceptable to the Director of Neighborhoods of a valid commitment for interim and long-term financing for the replacement structure has been secured. In addition to other proof, the Director of Neighborhoods may accept a bond, letter of credit, or cash deposit as a demonstration that the project has adequate financial backing to ensure completion; and

4. Satisfactory arrangements have been made for retention of any part of the structure's facade that the Director of Neighborhoods and Special Review Board determine to be significant; and

5. Satisfactory assurance is provided that new construction will be completed within two years of demolition.

B. If demolition or removal of a building or other structure in the District is essential to protect the public health, safety and welfare or if the purposes of this Chapter 23.66 will be furthered by the demolition or removal, then the Director of Neighborhoods, following review and recommendation by the Board, may authorize such demolition or removal whether the prerequisites of this Section 23.66.318 are satisfied or not.

C. Pursuant to RCW 36.70B.140, the Director of Neighborhoods' decision is exempt from the time limits and other requirements of RCW 36.70B.060 through 36.70B.080 and the requirements of RCW 36.70B.110 through 36.70B.130.

D. There is no administrative appeal of the decision of the Director of Neighborhoods. The Director of Neighborhoods' decision shall be final. Any judicial review must be commenced within 21 days of issuance of the Director of Neighborhoods' decision, as provided by RCW 36.70C.040.

(Ord. 123589, § 84, 2011; Ord. 120157 § 4, 2000; Ord. 118181 § 3, 1996; Ord. 116744 § 48, 1993: Ord. 112134 § 1(part), 1985.)

23.66.320 Permitted uses.

A. All uses shall be permitted outright except those specifically prohibited by Section 23.66.322 and those subject to special review under Section 23.66.324.

B. All uses not specifically prohibited shall be permitted as both principal and accessory uses except:

1. Gas stations, which are not permitted as principal uses and are permitted as accessory uses only in parking garages;

2. Surface parking areas, which are not permitted as principal uses but may be permitted as accessory uses pursuant to Section 23.66.342 of this Land Use Code; and

3. Principal use parking garages, which may be permitted only if approved after special review by the Board pursuant to Section 23.66.324 of this Land Use Code. Accessory parking garages shall be permitted outright.

(Ord. 112134 § 1(part), 1985.)

23.66.322 Prohibited uses

A. The following uses are prohibited as both principal and accessory uses in the entire International Special Review District:

Adult motion picture theaters;

Adult panorams;

All general and heavy manufacturing uses;

All high-impact uses;

Solid waste management;

Recycling uses;

Automotive sales and service;

Bowling lanes;

Major communication utilities;

Heavy commercial sales;

Drive-in businesses;

Frozen food lockers;

Heavy commercial services;

Marine sales and services;

Medical testing laboratories;

Mortuary services;

Motels;

Outdoor storage;

Plant nurseries;

Retail ice dispensaries;

Shooting galleries;

Skating rinks;

Mobile home parks;

Transportation facilities except: passenger terminals, rail transit facilities, and parking and moorage uses;

Animal shelters and kennels;

Jails;

Work-release centers.

B. In addition to the prohibited uses listed in subsection 23.66.322.A, light manufacturing uses that occupy more than 10,000 square feet are prohibited in that portion of the International Special Review District west of Interstate 5.

C. All light manufacturing uses are prohibited in that portion of the District in an IDR zone.

(Ord. 123589, § 85, 2011; Ord. 122311, § 80, 2006; Ord. 120928 § 40, 2002; Ord. 114623 § 17, 1989; Ord. 112777 § 34, 1986; Ord. 112519 § 43, 1985; Ord. 112303 § 8, 1985; Ord. 112134 § 1(part), 1985.)

23.66.324 Uses subject to special review

A. Uses subject to special review require approval of the Department of Neighborhoods Director after review and recommendation by the Board. Approval may be granted, conditioned or denied based on consideration of the recommendation and the criteria in this Section 23.66.324 and in Section 23.66.326, if applicable. The following uses are subject to special review by the Board:

Formula fast food restaurants;

Hotels;

Planned community developments;

Principal use parking garages;

Street-level uses subject to special review as provided in subsection 23.66.326.C;

Accessory surface parking areas, if located in a Downtown Mixed Residential zone within the International Special Review District.

B. Nature of Review.

1. The evaluation of applications for uses subject to special review shall be based upon the proposal's impacts on the cultural, economic, social, historical and related characteristics of the International District, particularly those characteristics derived from its Asian heritage; existing and potential residential uses; the pedestrian environment; traffic and parking in the District; noise and light and glare.

2. In addition to the criteria in subsection 23.66.324.B.1, in reviewing applications in a Downtown Mixed Residential zone for principal-use parking garages or accessory surface parking areas, the Board shall also consider the potential of the proposal to serve the particular parking needs of the International District. The Board shall encourage participation in an area-wide merchants' parking association.

(Ord. 123589, § 86, 2011; Ord. 121145 § 15, 2003; Ord. 112303 § 9, 1985: Ord. 112134 § 1(part), 1985.)

23.66.326 Street-level uses

A. To retain and strengthen the King Street business core as a pedestrian-oriented retail shopping district, street-level uses are required on streets within the Retail Core designated on Map B for 23.66.326. Required street-level uses shall satisfy the standards of this Section 23.66.326.

B. Preference shall be given to pedestrian-oriented retail shopping and service businesses that are highly visible or prominently display merchandise in a manner that contributes color and activity to the streetscape, including but not limited to:

Apparel shops;

Asian arts, crafts, and specialty goods shops;

Bakeries;

Banks;

Barbecue shops;

Bookstores;

Coffee shops;

Floral shops;

Groceries;

Museums;

Personal services such as beauty shops and barbershops;

Restaurants;

Sidewalk cafes;

Tea shops;

Travel agencies;

Variety stores.

C. The Board may, following a special review of potential impacts, including, but not limited to traffic, parking, noise and the scale and character of the pedestrian environment, recommend to the Director of Neighborhoods that the following uses at street level be approved if the impacts of such uses are not significantly adverse:

Appliance repair shops;

Research and development laboratories;

Radio and television studios;

Residential uses;

Taxidermy shops;

Upholstery establishments;

Vocational or fine arts schools;

Warehouses or wholesale showrooms, especially if they include storage of jewelry, optical or photographic goods, pharmaceuticals, cosmetics, and other similar high-value, low-bulk articles.

The Board may recommend, and the Director may impose, conditions to mitigate the impacts of approved uses.

D. Standards for Required Street-level Uses.

1. Street-level uses within the Retail Core designated on Map B for 23.66.326 shall not exceed 50 feet of street frontage per use if located within the interior portion of a block, or 145 feet of street frontage per use if located on a corner.

2. Street-level uses shall comply with exterior building finish requirements of Section 23.66.336.

E. Within the Retail Core, nonpedestrian-oriented uses and businesses that are not typically visible from the sidewalk may not exceed 25 feet of street frontage per use if located within the interior portion of a block, or 145 feet of street frontage per use if located on a corner. Nonpedestrian-oriented uses include but are not limited to:

Community clubs or centers;

Family associations;

Human service uses;

Nonprofit community service organizations;

Theaters and spectator sports facilities.

F. Outside the Retail Core, development on lots abutting S. Jackson Street east of Interstate 5 and/or 12th Avenue S. as shown on Map B for 23.66.326 shall comply with the street-level use requirements set forth in Section 23.49.009.

G. To promote street-level activity in commercial structures outside the Retail Core, street level uses identified in subsection 23.66.326.B are required along a minimum of 50 percent of each street frontage of any structure that contains no residential uses and that is in an IDR zone or is in an IDM 75/85-150 zone. This standard may be waived by the Director of Neighborhoods, after consultation with the Board, if it is determined that the proposed uses and design of the structure at street-level are compatible with the character of the surrounding neighborhood and the goals and objectives of the International Special Review District and of the zone in which the structure is located.

(Ord. 123589, § 87, 2011; Ord. 122311, § 81, 2006; Ord. 116744 § 49, 1993; Ord. 112303 § 10, 1985: Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map B is codified at the end of this chapter.

23.66.328 Uses above street level

A. To encourage and facilitate the rehabilitation and renovation of existing structures for housing or other uses not preferred at street level, uses above street level on streets within the Retail Core designated on Map B for 23.66.326, shall meet the standards of this Section 23.66.328.

B. Residential uses and non-vehicular-oriented commercial uses that primarily serve the District and are in operation throughout the day are preferred. Preferred uses above street level include but are not limited to:

Community clubs and centers;

Expansion of existing retail sales and service uses at street level;

Medical services, such as offices for doctors or dentists;

Offices;

Hotels;

Vocational or fine arts schools;

Wholesale showrooms.

(Ord. 123589, § 88, 2011; Ord. 112777 § 35, 1986; Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map B is codified at the end of this chapter.

23.66.332 Height and Rooftop Features

A. Maximum structure height is as designated on the Official Land Use Map, Chapter 23.32, except as provided in this Section 23.66.332.

B. Rooftop Features.

1. The Special Review Board and the Director of Neighborhoods shall review rooftop features to preserve views from Kobe Terrace Park.

2. Religious symbols for religious institutions, smokestacks and flagpoles are exempt from height controls, except as regulated in Chapter 23.64, provided they are at least 10 feet from all lot lines.

3. Open railings, planters, clerestories, skylights, play equipment, parapets and firewalls may extend up to 4 feet above the maximum height limit and may have unlimited rooftop coverage.

4. Solar collectors excluding greenhouses may extend up to 7 feet above the maximum height limit and may have unlimited rooftop coverage.

5. The following rooftop features may extend up to 15 feet above the maximum height limit provided that the combined coverage of all features listed below does not exceed 15 percent of the roof area:

a. Solar collectors, excluding greenhouses;

b. Stair and elevator penthouses;

c. Mechanical equipment that is set back at least 15 feet from the roof edge;

d. Minor communication utilities and accessory communication devices, except that height is regulated according to Section 23.57.014.

Additional combined coverage of these rooftop features, not to exceed 25 percent of the roof area, may be permitted subject to review by the Special Review Board and approval by the Director of Neighborhoods.

6. Structures existing prior to June 1, 1989 may add new or replace existing mechanical equipment up to 15 feet above the existing roof elevation of the structure as long as it is set back at least 15 feet from the roof edge subject to review by the Special Review Board and approval by the Director of Neighborhoods.

7. Screening of Rooftop Features. Measures may be taken to screen rooftop features from public view subject to review by the Special Review Board and approval by the Director of Neighborhoods. The amount of roof area enclosed by rooftop screening may exceed the maximum percentage of the combined coverage of rooftop features listed in subsection 23.66.332.B.5. In no circumstances shall the height of rooftop screening exceed 15 feet above the maximum height limit.

8. For height exceptions for communication utilities and devices, see Section 23.57.014.

(Ord. 123589, § 90, 2011; Ord. 120928 § 41, 2002; Ord. 120117 § 49, 2000; Ord. 119370 § 18, 1999; Ord. 112134 § 1(part), 1985.)

23.66.334 Streets and sidewalks

Review by the Special Review Board and approval by the Director of Neighborhoods are required before any changes may be made to sidewalk prism lights, sidewalk furniture, sidewalk widths, or street paving and curbs. Review by the Special Review Board and the Director of Neighborhoods, with respect to the International Special Review District goals and objectives in Section 23.66.302 as applicable, are required for any street design concept plan prior to inclusion in the Right-of-Way Improvements Manual.

(Ord. 123589, § 91, 2011; Ord. 116744 § 50, 1993: Ord. 112134 § 1(part), 1985.)

23.66.336 Exterior building finishes

A. General Requirements. To retain and enhance the visual order of the District, which is created by existing older buildings that provide unique character and form through their subtle detailing and quarter-block and half-block coverage, new development, including exterior remodeling, should respect the architectural and structural integrity of the building in which the work is undertaken, through sympathetic use of colors, material and style. Exterior building facades shall be of a scale compatible with surrounding structures. Window proportions, floor height, cornice line, street elevations and other elements of the building facades shall relate to the scale of the existing buildings in the immediate area.

B. Asian Design Character District. The boundaries of the Asian Design Character District of the International District are as shown on Map B for 23.66.326. To strengthen and preserve the existing Asian architectural character of the Asian Design Character District, tiled awnings, recessed balconies, heavy timber construction, and materials and colors as specified below are encouraged.

1. Materials. Building facades are limited to earthen materials such as brick, concrete, stucco and wood. Other materials may be used if approved by the Director of Neighborhoods. Brick and concrete may not be painted unless approved by the Director of Neighborhoods. Stucco may be used in conjunction with other contrasting materials such as dark stained wood. Decorative ceramic glazed roof tiles are encouraged, as are tiled awnings and marquees if appropriately integrated into the overall design.

2. Colors. Building facade colors must be reviewed by the Special Review Board and approved by the Director of Neighborhoods. Colors shall be compatible with those of adjacent buildings.

3. Surfaces. Textured concrete, brick and wood surfaces are preferred over non-textured surfaces. Recesses and voids that break up monotonous surface areas and create visual relief are encouraged. The design and location of mechanical equipment visible from the street must be reviewed by the Board and approved by the Director of Neighborhoods.

4. Transparency Requirement. Street-level uses shall have highly visible linkages with the street. Transparent surfaces shall be provided for at least 50 percent of the exposed street-facing facade measured between sidewalk level and a height of 10 feet or the height of the second floor level, whichever is less. The average height of window sills shall be no greater than 3 feet above the sidewalk. A decrease in the percentage of required transparency may be permitted by the Board if:

a. There is a design constraint, such as permanent wainscoting, and removal or alteration would detract from the structural or architectural integrity of the building; or

b. The existing layout of the building or other physical constraints such as the placement of load bearing walls or columns creates a hardship. If transparency requirements are reduced, wall murals, landscaping, colored awnings, display cases, or other means appropriate to the setting shall be provided to create visual interest.

5. Awnings. Awnings shall be functional, serving as weather protection for pedestrians at street level. Awnings over sidewalks shall overhang the sidewalk a minimum of five feet. All awnings shall be of a design compatible with the architecture of the area.

C. Exterior Building Design Outside the Asian Design Character District. Outside the Asian Design Character District, earthen colors and masonry construction with nonmetallic surfaces are preferred. Concrete construction will also be permitted if treated in a manner or incorporated into a design that provides visual interest and avoids large unbroken surface areas.

(Ord. 123589, § 92, 2011; Ord. 116744 § 51, 1993; Ord. 112134 § 1(part), 1985.)

1. Editor's Note: Map B is codified at the end of this chapter.

23.66.338 Signs

A. The intent of the standards in this section is:

1. To encourage signs that by their design, location and number are consistent with the goals and objectives of the International Special Review District, and the Union Station Corridor where applicable, and in particular the Asian character of the area;

2. To promote effective communication of sign messages by avoiding undue proliferation;

3. To enhance views and sightlines into and down streets; and

4. To reduce driver distraction and visual blight.

B. Business establishments may erect signs, including banners and flags that are signs as defined in subsection 23.84A.036 if the Director of Neighborhoods determines the proposed sign meets the standards in this Section 23.66.338 and issues a certificate of approval, except as provided in subsection 23.66.338.H.

C. Message.

1. Except as otherwise provided in this Section 23.66.338, signs are limited to:

a. Business signs that identify the name of the establishment, its street address, and/or the primary business or service provided or signs with a noncommercial message; and/or

b. Business signs displaying a product name, if (a) the sign is incidental to other signs on the premises and (b) the establishment or use on the premises is the sole distributor of the product in the District.

2. Except as provided in subsection 23.66.338.C.1, advertising related to businesses or services not provided on the premises or products not manufactured on the site is prohibited.

D. Permitted Signs.

1. The types of signs that may be approved are banners and flags, projecting and non-projecting signs integrated into the building façade, marquee, awning and window signs.

2. Banners and flags bearing emblems, symbols or messages are permitted and are subject to periodic review to ensure that their appearance is maintained and that they comply with the requirements of this Code.

3. Signs with messages displaying only time or temperature, or both, are allowed to change display if, in addition to complying with the standards set out in this Section 23.66.338, the message does not flash, display a message for less than ten seconds at a time, or use a video display method.

E. Prohibited Signs.

1. The following signs are prohibited throughout the International Special Review District:

Freestanding signs (except signs in parks and those authorized for surface parking lots in subsection 23.66.338.F.1);

roof signs;

portable signs;

off-premises signs;

product advertising signs of a permanent nature except as allowed in subsection 23.66.338.C;

flashing signs;

changing-image signs (including video display methods) except as allowed in subsection 23.66.338.D; and

signs with messages that appear to be in motion or that make a noise.

2. The Board and the Director of Neighborhoods may delegate to the Director the determination whether a proposed sign is a sign prohibited under subsection 23.66.338.E.1. If the Director determines a proposed sign is a sign prohibited under subsection 23.66.338.E.1, the Director of Neighborhoods shall not send the application to the Board and shall deny the application.

3. Each owner of an existing off-premises sign that is lawfully authorized in the District shall comply with the requirements in subsection 23.55.014.F to register the sign, pay the registration fee, and display the sign registration number, and is subject to the penalty provisions of that subsection 23.55.014.F.

F. Surface Parking Lot Signage.

1. The total signage area permitted for each accessory surface parking lot shall not exceed 1 square foot per parking space up to a maximum of 24 square feet per surface parking lot. The total signage area permitted for each existing principal use surface parking lot shall not exceed ½ square foot per parking space in the lot, up to a maximum of 18 square feet per principal use surface parking lot.

2. Surface parking lots shall display a sign, counted against the total permitted signage area, with one of the following messages, if applicable:

a. For accessory surface parking lots, or portions thereof, intended only for customer use: "Customer Parking for (Principal User/s) Only." The sign also may contain the address of the principal user or users and mention validation of parking if applicable. The sign also may contain the information required by state law to lawfully impound unauthorized vehicles.

b. For accessory or principal use surface parking lots, or portions thereof, intended only for reserved parking: "Reserved Parking". The sign also may contain the name and telephone number of the owner. The sign also may contain the information required by state law to lawfully impound unauthorized vehicles.

3. Small on-premises directional signs, such as those designating the entrance to or exit from accessory surface parking areas, are permitted if they are 3 or fewer square feet in area and are located at a height 4 or fewer feet above grade at points of egress or ingress. Such signs shall not count against the total permitted sign area.

G. Illumination.

1. Neon-lit signs are encouraged to create an exciting and enhanced visual image in the retail core.

2. Illuminated signs shall be designed and sited in a manner to minimize glare on floors above grade in nearby residences.

H. Miscellaneous Signs.

1. Signs that are hand painted, gold leafed or decaled onto the glass area of a building façade and that comply with the standards of this Section 23.66.338 are permitted without the approval of the Director of Neighborhoods or review by the Board if the total area of all such signs does not exceed 4 square feet per business. Signs on glass in excess of 4 square feet per business are subject to review by the Board and approval by the Director of Neighborhoods for visual interest and compatibility with the surrounding area.

2. Non-illuminated signs consisting of Asian language symbols painted on wood or other non-glass exterior surfaces of structures and that comply with the standards of this Section 23.66.338 are permitted without the approval of the Director of Neighborhoods or review by the Board if the total area of all such signs is 4 square feet or less per business, and are subject to Board review and approval by the Director of Neighborhoods for visual interest and compatibility with the surrounding area if the total area of all such signs is more than 4 square feet per business.

3. Graphics and paintings are permitted on building walls that do not abut a street lot line only if such graphics and paintings are not used to advertise or identify businesses or products and comply with the building façade provisions of Section 23.66.336. All graphics and paintings on building walls are subject to review by the Board and approval by the Director of Neighborhoods.

4. Temporary Signs.

a. The following signs are permitted at all times:

1) Real estate "for sale," "for rent" and "open house" signs, and signs identifying the architect, engineer or contractor for work currently under construction. The total area for these types of signs in the aggregate shall not exceed 24 square feet per 60 linear feet of street frontage, provided that the design, location, shape, size, color and graphics are approved by the Director of Neighborhoods after review and recommendation by the Board, and provided further that such Director may approve up to 36 square feet if there is more than one user of real estate signs or if the building abuts more than two streets; and

2) Noncommercial signs. The total area for noncommercial signs in the aggregate shall not exceed 24 square feet per 60 linear feet of street frontage, but where there are multiple users of the building, each business establishment and dwelling unit shall be allowed a minimum of 8 square feet of signage, regardless of the 24 square foot limitation.

b. The following signs are permitted for 14 consecutive days 4 times a calendar year:

1) On-premises commercial signs. The total area for on-premises commercial signs in the aggregate shall not exceed 24 square feet per 60 linear feet of street frontage, provided that the design, location, shape, size, color and graphics are approved by the Director of Neighborhoods after review and recommendation by the Board; and

2) Noncommercial signs. The total area for noncommercial signs in the aggregate shall not exceed 32 square feet per 60 linear feet of street frontage, provided that each dwelling unit shall be allowed 32 square feet of signage.

c. All temporary signs authorized by this section are subject to the following:

1) Wind-animated objects other than flags, search lights and devices of a carnival nature are not allowed.

2) No individual sign shall exceed 12 square feet.

d. Temporary signs required by law shall be permitted without review or approval.

I. Criteria for Approval.

1. When reviewing proposed signs, the Board and the Director of Neighborhoods shall consider the intents set out in subsection 23.66.338.A, the function of the sign, the character, color and scale of buildings in the immediate vicinity, the character, color and scale of the building for which the sign is proposed, the proposed location of the sign on the building's exterior, and the total number and size of signs proposed or existing on the building.

2. The overall design of a sign including size, shape, texture, method of attachment, graphics, color and lighting, shall be compatible with the use to which the sign refers, with the colors, architectural and design motifs of the building upon which it is to be installed, and with the District.

3. Signs that incorporate recognizable Asian designs or Asian language symbols in at least 40 percent of their message area, or are multilingual, are preferred.

4. Signs shall be affixed to structures so that they do not conceal, damage, or disfigure desirable architectural features or details of the structure.

5. Projecting signs shall be sited in a manner that minimizes view blockage of abutting business signs.

6. All projecting signs shall be installed or erected so that there are no visible angle iron sign supports above the roof, building face or wall.

J. Measurement of Sign Area. Sign area is calculated according to subsection 23.86.004.A.

(Ord. 123589, § 93, 2011; Ord. 120466 § 8, 2001; Ord. 117555 § 5, 1995; Ord. 116744 § 52, 1993; Ord. 112519 § 44, 1985; Ord. 112134 § 1(part), 1985.)

23.66.340 Minimum maintenance.

All buildings in the District shall be maintained and preserved against decay and deterioration caused by neglect or defective or inadequate weather protection.

(Ord. 112134 § 1(part), 1985.)

23.66.342 Parking and access.

A. Principal-use Parking Garages. Principal-use parking garages are subject to special review by the Board pursuant to Section 23.66.324 of this Land Use Code. Parking garages shall be designed so that the street-level portion of the garage is committed to pedestrian-oriented uses permitted in the District. When abutting street slopes exceed eight percent (8%) this requirement may be waived by the Department of Neighborhoods Director, following review and recommendation by the Board. View-obscuring screening may be required by the Department of Neighborhoods Director as needed to reduce adverse visual impacts on the area.

B. Accessory Parking and Loading.

1. Parking Quantity. The number of parking spaces required for any use shall be the number required by the underlying zoning, except that restaurants shall be required to provide one space per five hundred (500) square feet for all gross floor area in excess of two thousand five hundred (2,500) square feet; motion picture theaters shall be required to provide one (1) space per fifteen (15) seats for all seats in excess of one hundred fifty (150); and other entertainment uses shall be required to provide one (1) space per four hundred (400) square feet for all gross floor area in excess of two thousand five hundred (2,500) square feet.

2. Exceptions to Parking Quantity. To mitigate the potential impacts of required accessory parking and loading on the District, the Department of Neighborhoods Director, after review and recommendation by the Special Review Board, may waive or reduce required parking and loading under the following conditions:

a. After incorporating high-occupancy-vehicle alternatives such as carpools and vanpools, required parking spaces exceed the net usable space in all below-grade floors; or

b. Strict application of the parking or loading standards would adversely affect desirable characteristics of the District; or

c. An acceptable parking plan is submitted to meet parking demands generated by the use. Acceptable elements of the parking plan may include but shall not be limited to the following:

(1) Valet parking service,

(2) Validation system,

(3) Lease of parking from parking management company,

(4) Provision of employee parking.

C. When parking is provided it shall be subject to the requirements of Section 23.54.030 of this Land Use Code.

D. Access to Parking.

1. Access to parking shall be reviewed by the Board on a case-by-case basis, according to the following criteria:

a. Alley access is preferred.

b. Conflicts with pedestrian traffic, with efforts to provide continuous street facades, and with transit access shall be minimized.

2. The number and width of curbcuts shall be as required in Section 23.54.030.

3. Outside the International District Retail Core, if a lot does not abut an alley and abuts more than one right-of-way, the location of access to parking shall be determined according to subsection 23.49.019.H.1.

4. The Board may recommend, and the Department of Neighborhoods Director may require, changes to proposed access to parking in order to meet the criteria of this Section 23.66.342.

E. Special Parking Restrictions.

1. All new surface parking areas shall be accessory and may be permitted in connection with customer parking which is determined by the Board to be consistent with District goals and policies or area-wide parking plans.

2. A sign complying with Section 23.66.338 of this Land Use Code shall be required at each parking entrance.

3. Adequate screening shall be required along the perimeter of each new surface parking area.

(Ord. 123589, § 95, 2011; Ord. 122311, § 82, 2006; Ord. 116744 § 53, 1993; Ord. 113279 § 32, 1987; Ord. 112519 § 45, 1985; Ord. 112134 § 1(part), 1985.)

{/PICK;23-66-342-1;comptd;47p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for 23.66.100 {/GRAPH;23-66-342-1.tif;comptd;45p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 94, 2011.)

{/PICK;23-66-342-2;comptd;47p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap B for 23.66.130 {/GRAPH;23-66-342-2.tif;comptd;45p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 94, 2011.)

{/PICK;23-66-342-3;comptd;47p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap C for 23.66.122 and 23.66.150 {/GRAPH;23-66-342-3.tif;comptd;45p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 94, 2011.)

{/PICK;23-66-342-4;comptd;47p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap D for 23.66.170 {/GRAPH;23-66-342-4.tif;comptd;45p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 94, 2011.)

{/PICK;23-66-342-5;comptd;47p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for 23.66.302 {/GRAPH;23-66-342-5.tif;comptd;45p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 94, 2011.)

{/PICK;23-66-342-6;comptd;47p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap B for 23.66.326 {/GRAPH;23-66-342-6.tif;comptd;45p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

(Ord. 123589, § 94, 2011.)

Chapter 23.67
SOUTHEAST SEATTLE REINVESTMENT AREA

Sections:

23.67.010 Purpose and intent.

23.67.020 Establishment of Southeast Seattle Reinvestment Area (SESRA).

23.67.030 Application of regulations.

23.67.040 Southeast Seattle Reinvestment Area-Rezones for boundary changes.

23.67.050 Use restrictions-Prohibited uses.

23.67.060 Public notice requirements for rezone applications.

23.67.010 Purpose and intent.

The purpose of this chapter is to implement the Southeast Seattle Reinvestment Area Policy, Resolution 28401 and adopted Land Use Policies by creating a Southeast Seattle Reinvestment Area (SESRA). The intent is to promote community revitalization and investment, and to encourage development which supports business activity and provides employment opportunities and needed services to the residents of Southeast Seattle.

(Ord. 116145 § 3(part), 1992.)

23.67.020 Establishment of Southeast Seattle Reinvestment Area (SESRA).

There is established, pursuant to Chapter 23.59 of the Seattle Municipal Code, an overlay district known as the Southeast Seattle Reinvestment Area (SESRA) as shown on the Official Land Use Map, Chapter 23.32.

(Ord. 118414 § 48, 1996: Ord. 116145 § 3(part), 1992.)

23.67.030 Application of regulations.

All property within the SESRA boundaries shall be subject to both the requirements of its zone classification and to the requirements of this chapter. In the event of conflict between this chapter and underlying zone requirements, the requirements of this chapter shall prevail.

(Ord. 116145 § 3(part), 1992.)

23.67.040 Southeast Seattle Reinvestment Area-Rezones for boundary changes.

A. A rezone pursuant to Chapter 23.34 shall be required to change the established boundaries of the SESRA or to rezone property within the SESRA. A rezone shall be subject to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

B. SESRA Boundaries.

1. Areas to be included within the SESRA boundaries shall demonstrate all of the following characteristics:

a. An existing concentration of commercial activity or commercial activity and vacant land which abuts Rainier Avenue South or Martin Luther King, Jr. Way South; or has access to these arterials without going through residential zones;

b. Adequate existing infrastructure or improvements are being planned to accommodate increased development; and

c. Adequate buffers or transition areas that can reduce impacts to adjacent residential or otherwise less intensively zoned areas.

2. In addition to the above criteria, one (1) or more of the following conditions shall be met:

a. The area contains vacant land, or vacant or dilapidated structures, parking or open storage uses and is abutting or across the street or alley from an existing concentration of commercial activity; or

b. The area is identified by the City as a Business Improvement Area; or

c. The area is targeted for Federal or State economic development funds; or

d. The area can provide opportunities for expansion of existing businesses or location of new business enterprises within an existing commercial node; or

e. The area has the potential to strengthen or reinforce a concentration of retail activity, personal services, employment centers or business incubators.

C. Rezone Criteria for Property Within SESRA. A rezone within the boundaries of the SESRA shall be subject to the general rezone criteria of Chapter 23.34 and the locational criteria for the proposed classifications. In addition, the criteria contained in this section shall also apply. No single location shall be expected to meet all criteria, nor shall the criteria be ranked in order of importance. Specific conditions may be established as part of the rezone process to ensure negative impacts on the area and its surroundings are mitigated.

1. The proposed designation shall strengthen and reinforce existing commercial nodes, and encourage the development and retention of businesses while retaining or providing adequate buffers between commercial and residential areas; or

2. The proposed designation shall enhance the vitality of business activity according to the following:

a. Increase and enhance pedestrian activity, thereby increasing property surveillance and public safety, and

b. Enable an established business to expand rather than relocate outside the Rainier Valley or increase employment and job training opportunities for residents of the surrounding area or

c. Increase retail, entertainment, or personal services for residents of the surrounding area, or

d. Encourage development on land which is vacant or contains abated or dilapidated buildings, or

e. Increase recreational opportunities in Southeast Seattle.

(Ord. 120691 § 20, 2001; Ord. 116145 § 3(part), 1992.)

23.67.050 Use restrictions– Prohibited uses.

A. Whether a use is permitted outright, or as a conditional use, or is prohibited is governed by the applicable provisions of the other chapters of this title; provided that in addition to uses otherwise prohibited, the following principal uses are prohibited throughout the Southeast Seattle Reinvestment Area:

1. Outdoor storage (accessory outdoor storage permitted);

2. Animal shelters and kennels;

3. Helistops;

4. Heliports;

5. Adult motion picture theaters;

6. Adult panorams;

7. Salvage yards;

8. Recycling uses;

9. Work release centers;

10. Construction services;

11. Towing services.

(Ord. 122311, § 83, 2006; Ord. 116145 § 3(part), 1992.)

23.67.060 Public notice requirements for rezone applications.

In addition to the notice requirements for Type IV rezones contained in Chapter 23.76, public notice shall also be provided by publishing the notice of application in at least one (1) community newspaper in the area affected by the proposal.

(Ord. 116145 § 3(part), 1992.)

Chapter 23.69
MAJOR INSTITUTION OVERLAY DISTRICT

Sections:

Subchapter I Establishment of Overlay District

23.69.002 Purpose and intent.

23.69.004 Major Institution Overlay District established.

23.69.006 Application of regulations.

23.69.007 Definition of development.

Subchapter II Use Provisions

23.69.008 Permitted uses.

23.69.012 Conditional uses.

Subchapter III (Reserved)

Subchapter IV Development Standards

23.69.020 Development standards.

23.69.021 Signs in Major Institution Overlay Districts

Subchapter V Uses Outside a Major Institution Overlay District

23.69.022 Uses permitted within 2,500 feet of a Major Institution Overlay District.

23.69.023 Major Institution acquisition, merger or consolidation.

Subchapter VI Procedures

Part 1 Major Institution Designation

23.69.024 Major Institution designation

Part 2 Major Institution Master Plan

23.69.025 Intent of Major Institution master plans.

23.69.026 Determination to prepare a master plan.

23.69.028 Major Institution master plan-General provisions.

23.69.030 Contents of a master plan

23.69.032 Master plan process

23.69.033 Approval of master use permits prior to master plan adoption.

23.69.034 Effect of master plan adoption.

23.69.035 Changes to a master plan.

23.69.036 Master plan renewal.

Subchapter I
Establishment of Overlay District

23.69.002 Purpose and intent.

The purpose of this chapter is to regulate Seattle's major educational and medical institutions in order to:

A. Permit appropriate institutional growth within boundaries while minimizing the adverse impacts associated with development and geographic expansion;

B. Balance a Major Institution's ability to change and the public benefit derived from change with the need to protect the livability and vitality of adjacent neighborhoods;

C. Encourage the concentration of Major Institution development on existing campuses, or alternatively, the decentralization of such uses to locations more than two thousand five hundred (2,500) feet from campus boundaries;

D. Provide for the coordinated growth of major institutions through major institution conceptual master plans and the establishment of major institutions overlay zones;

E. Discourage the expansion of established major institution boundaries;

F. Encourage significant community involvement in the development, monitoring, implementation and amendment of major institution master plans, including the establishment of citizen's advisory committees containing community and major institution representatives;

G. Locate new institutions in areas where such activities are compatible with the surrounding land uses and where the impacts associated with existing and future development can be appropriately mitigated;

H. Accommodate the changing needs of major institutions, provide flexibility for development and encourage a high quality environment through modifications of use restrictions and parking requirements of the underlying zoning;

I. Make the need for appropriate transition primary considerations in determining setbacks. Also setbacks may be appropriate to achieve proper scale, building modulation, or view corridors;

J. Allow an increase to the number of permitted parking spaces only when it is 1) necessary to reduce parking demand on streets in surrounding areas, and 2) compatible with goals to minimize traffic congestion in the area;

K. Use the TMP to reduce the number of vehicle trips to the major institution, minimize the adverse impacts of traffic on the streets surrounding the institution, minimize demand for parking on nearby streets, especially residential streets, and minimize the adverse impacts of institution-related parking on nearby streets. To meet these objectives, seek to reduce the number of SOVs used by employees and students at peak time and destined for the campus;

L. Through the master plan: 1) give clear guidelines and development standards on which the major institutions can rely for long-term planning and development; 2) provide the neighborhood advance notice of the development plans of the major institution; 3) allow the city to anticipate and plan for public capital or programmatic actions that will be needed to accommodate development; and 4) provide the basis for determining appropriate mitigating actions to avoid or reduce adverse impacts from major institution growth; and

M. Encourage the preservation, restoration and reuse of designated historic buildings.

(Ord. 120691 § 21, 2001: Ord. 117929 § 8, 1995: Ord. 115002 § 23(part), 1990.)

23.69.004 Major Institution Overlay District established.

There is hereby established pursuant to Chapter 23.59 of the Seattle Municipal Code, the Major Institution Overlay District, which shall overlay each Major Institution designated according to the provisions of Section 23.69.024. All land within the Major Institution Overlay (MIO) District shall be designated with one (1) of the following height limits as shown on the Official Land Use Map, Chapter 23.32:
DesignationHeight Limit
MIO-37 37 feet
MIO-50 50 feet
MIO-65 65 feet
MIO-70 70 feet
MIO-90 90 feet
MIO-105105 feet
MIO-160160 feet
MIO-200200 feet
MIO-240240 feet

(Ord. 118414 § 50, 1996: Ord. 115002 § 23(part), 1990.)

23.69.006 Application of regulations.

A. All land located within the Major Institution Overlay District shall be subject to the regulations and requirements of the underlying zone unless specifically modified by this chapter or an adopted master plan. In the event of irreconcilable differences between the provisions of this chapter and the underlying zoning regulations, the provisions of this chapter shall apply.

B. For the University of Washington, notwithstanding subsection A of this section above, the 1998 agreement between The City of Seattle and the University of Washington, or its successor, shall govern relations between the City and the University of Washington, the master plan process (formulation, approval and amendment), uses on campus, uses outside the campus boundaries, off-campus land acquisition and leasing, membership responsibilities of CUCAC, transportation policies, coordinated traffic planning for special events, permit acquisition and conditioning, relationship of current and future master plans to the agreement, zoning and environmental review authority, resolution of disputes, and amendment or termination of the agreement itself. Within the Major Institution Overlay (MIO) Boundaries for the University of Washington. development standards of the underlying zoning may be modified by an adopted master plan, or by an amendment or replacement of the 1998 agreement between the City of Seattle and University of Washington.

(Ord. 120691 § 22, 2001; Ord. 118981 § 3, 1998: Ord. 115002 § 23(part), 1990.)

23.69.007 Definition of development.

A. "development" is the establishment of any new Major Institution use or the expansion of an existing Major Institution use, the relocation of an existing Major Institution use for a period of at least one (1) year, or the vacation of streets for such uses.

(Ord. 115002 § 23(part), 1990.)

Subchapter II
Use Provisions

23.69.008 Permitted uses.

A. All uses that are functionally integrated with, or substantively related to, the central mission of a Major Institution or that primarily and directly serve the users of an institution shall be defined as Major Institution uses and shall be permitted in the Major Institution Overlay (MIO) District. Major Institution uses shall be permitted either outright or as conditional uses according to the provisions of Section 23.69.012. Permitted Major Institution uses shall not be limited to those uses which are owned or operated by the Major Institution.

B. The following characteristics shall be among those used by the Director to determine whether a use is functionally integrated with, or substantively related to, the central mission of the Major Institution. No one (1) of these characteristics shall be determinative:

1. Functional contractual association;

2. Programmatic integration;

3. Direct physical circulation/access connections;

4. Shared facilities or staff;

5. Degree of interdependence;

6. Similar or common functions, services, or products.

C. Major Institution uses shall be subject to the following:

1. Major Institution uses which are determined to be heavy traffic generators or major noise generators shall be located away from abutting residential zones;

2. Uses which require the presence of a hazardous chemical, extremely hazardous substance or toxic chemical that is required to be reported under Title III of the Superfund Amendments and Reauthorization Act of 1986 or its associated regulations, shall be reviewed by the Director. The Director shall consult with Public Health– Seattle & King County and The City of Seattle Fire Department. Based on this consultation and review, the Director may prohibit the use, or impose conditions regulating the amount and type of such materials allowed on-site, or the procedures to be used in handling hazardous or toxic materials;

3. Where the underlying zone is commercial, uses at street level shall complement uses in the surrounding commercial area and be located in a manner that provides continuity to the commercial street front. Where the underlying zoning is a pedestrian-designated zone, the provisions of Section 23.47A.005 governing street-level uses shall apply.

D. When a use is determined to be a Major Institution use, it shall be located in the same MIO District as the Major Institution with which it is functionally integrated, or to which it is related, or the users of which it primarily and directly serves. To locate outside but within two thousand five hundred (2,500) feet of that MIO District, a Major Institution use shall be subject to the provisions of Section 23.69.022.

E. Major Institution uses, outside of, but within two thousand five hundred (2,500) feet of the boundary of the MIO District, which were legally established as of January 1, 1989 and are located on sites which are not contiguous with the MIO District shall be permitted uses in the zone in which they are located when:

1. The use is located on a lot which was contained within the boundary of an MIO District as it existed on May 2, 1990; or

2. The site was deleted from the MIO District by master plan amendment or renewal according to the provisions of Sections 23.69.035 and 23.69.036.

F. Uses other than those permitted under subsections A and B of this section shall be subject to the use provisions and development standards of the underlying zone.

(Ord. 123668, § 1, 2011; Ord. 122311, § 84, 2006; Ord. 118362 § 10, 1996: Ord. 115002 § 23(part), 1990.)

23.69.012 Conditional uses.

A. All conditional uses shall be subject to the following:

1. The use shall not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.

2. The benefits to the public of the use shall outweigh the negative impacts of the use.

3. In authorizing a conditional use, adverse impacts may be mitigated by imposing conditions such as landscaping and screening, vehicular access controls and any other measures needed to mitigate adverse impacts on other properties in the zone or vicinity and to protect the public interest. The Director shall deny or recommend denial of a conditional use if it is determined that adverse impacts cannot be mitigated satisfactorily.

B. Administrative Conditional Uses.

1. Development otherwise requiring preparation of a master plan may be permitted by the Director as an administrative conditional use according to the standards of Section 23.69.033.

2. In considering an application for a conditional use, the Director's decision shall be based on the following criteria:

a. Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and other noise-generating or odor-generating equipment, fixtures or facilities shall be located so as to minimize noise and odor impacts on the surrounding area. The Director may require measures such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking location or setback development standards, design modification, limits on hours of operation or other similar measures to mitigate impacts; and

b. Required landscaping shall be compatible with neighboring properties. Landscaping in addition to that required by the Code may be required to reduce the potential for erosion or excessive stormwater runoff, to minimize coverage of the site by impervious surfaces, to screen parking, or to reduce noise or the appearance of bulk and scale; and

c. Traffic and parking impacts shall be minimized; and

d. To reduce the impact of light and glare, exterior lighting shall be shielded or directed away from residentially zoned properties. The Director may require that the area, intensity, location or angle of illumination be limited.

C. Council Conditional Uses. Helistops, when determined to meet the criteria of Section 23.69.008, may be permitted by the Council as a Council Conditional Use when:

1. The helistop is needed to save lives; and

2. Use of the helistop is restricted to life-threatening emergencies; and

3. The helistop is located so as to minimize impacts on the surrounding area.

The Director's report to the Council shall examine alternative locations for the helistop as identified by the major institution, including sites outside the institution's boundaries, which would accomplish the purpose of the helistop with a lesser impact upon the surrounding area.

(Ord. 115043 § 14, 1990; Ord. 115002 § 23(part), 1990.)

Subchapter III
(Reserved)

Subchapter IV
Development Standards

23.69.020 Development standards.

A. Major Institution uses shall be subject to the development standards for institutions of the underlying zone in which they are located, except for the dispersion requirements of the underlying zoning for institutions.

B. Development standards for Major Institution uses within the Major Institution Overlay District, except the provisions of Chapter 23.52, may be modified through adoption of a Major Institution Master Plan according to the provisions established in Subchapter VI, Part 2 of this chapter.

C. Maximum structure heights for structures containing Major Institution uses may be allowed up to the limits established pursuant to Section 23.69.004 through the adoption of a master plan for the Major Institution. A rezone shall be required to increase maximum structure height limits above levels established pursuant to Section 23.69.004.

D. The demolition of structures containing residential uses which are not Major Institution uses shall be prohibited if the demolition is intended to provide a parking lot or structure to accommodate nonrequired parking or to reduce a parking deficit.

E. When a pedestrian designation in a commercial zone occurs along a boundary or within a campus, the blank facade standards of the underlying zoning shall apply.

(Ord. 117383 § 10, 1994; Ord. 115002 § 23(part), 1990.)

23.69.021 Signs in Major Institution Overlay Districts

A. General Standards.

1. Signs shall be stationary and shall not rotate.

2. No flashing, changing-image, message board signs or signs using video display methods, except as permitted as defined in Section 23.55.005, Video display methods, shall be permitted.

3. Signs may be electric, externally illuminated, or nonilluminated.

B. The following signs are permitted in all Major Institution overlay districts, regardless of the facing zone:

1. Electric, externally illuminated or nonilluminated signs bearing the name of the occupant of a dwelling unit, not exceeding 64 square inches in area;

2. Memorial signs or tablets, and the names of buildings and dates of building erection if cut into a masonry surface or constructed of bronze or other noncombustible materials;

3. Signs for public facilities indicating danger and/or providing service or safety information;

4. National, state and institutional flags.

C. Signs across a street, alley or easement from a residential zone, and signs which face an abutting lot in a residential zone, shall meet the following standards:

1. Sign area shall be limited to:

a. Thirty-five (35) square feet per sign face for main entrance signs;

b. Such size as is necessary for emergency entrance signs to be clearly visible; and

c. Twenty (20) square feet per sign face for all other signs.

2. The number of signs permitted shall be as follows:

a. One (1) identifying sign for each use per street frontage; plus

b. One (1) sign for each entrance to the institution; plus

c. Emergency entrance and directional signs as necessary.

3. Pole, ground, roof, wall, marquee, under-marquee, projecting or combination signs shall be permitted.

4. The maximum height of any portion of a pole sign shall be twelve (12) feet.

5. No portion of a roof sign shall:

a. Extend beyond the height limit of the overlay district;

b. Exceed a height above the roof in excess of the height of the structure on which the sign is located; or

c. Exceed a height of thirty (30) feet above the roof, measured from a point on the roofline directly below the sign or from the nearest adjacent parapet.

D. Signs across from nonresidential zones shall have no area, type or number limitations.

E. Off-premises signs shall not be permitted, except for sign kiosks.

(Ord. 123046, § 52, 2009; Ord. 120466 § 9, 2001; Ord. 120388 § 14, 2001; Ord. 118362 § 13, 1996; Ord. 115165 § 12, 1990.)

Subchapter V
Uses Outside a Major Institution Overlay District

23.69.022 Uses permitted within 2,500 feet of a Major Institution Overlay District.

A. A Major Institution shall be permitted to lease space, or otherwise locate a use outside a Major Institution Overlay (MIO) District, and within two thousand five hundred (2,500) feet of the MIO District boundary, subject to the following limitations:

1. The provisions of this section shall not apply to contractual arrangements with other entities, except for leases or other agreements for occupying space.

2. No such use shall be allowed at street level in a commercial zone, unless the use is determined to be similar to a general sales and service use, eating and drinking establishment, major durables retail sales, entertainment use or child care center and is allowed in the zone. If the use is allowed in the zone but is determined not to be similar to a general sales and service use, eating and drinking establishment, major durables retail sales, entertainment use or child care center, the Director may not allow the use at street level in a commercial zone unless provided otherwise in an adopted master plan or in a Council-approved neighborhood plan;

3. Except as permitted in an adopted master plan, the use shall not result in the demolition of a structure(s) that contains a residential use nor shall it change a residential use to a nonresidential use.

4. The use(s) shall conform to the use and development standards of the applicable zone.

5. The use shall be included in the Major Institution's approved Transportation Management Program if it contains students or employees of the Major Institution.

6. If a Master Use Permit is required for the use, the Director shall notify the Advisory Committee of the pending permit application and the committee shall be given the opportunity to comment on the impacts of the proposed use.

B. A medical service use that is over 10,000 square feet shall be permitted to locate within 2,500 feet of a medical MIO District only as an administrative conditional use subject to the conditional use requirements of Section 23.47A.006.A.4 or Section 23.50.014.B.12.

C. A Major Institution that leases space or otherwise locates a use in a Downtown zone shall not be subject to the limitations established in subsections A or B of this section, except that subsection A3 and A4 shall apply.

(Ord. No. 123209, § 63, 2009; Ord. 122311, § 85, 2006; Ord. 118362 § 15, 1996: Ord. 115165 § 3, 1990; Ord. 115043 § 15, 1990; Ord. 115002 § 23(part), 1990.)

23.69.023 Major Institution acquisition, merger or consolidation.

A. Notwithstanding any other provisions of Title 23, one (1) Major Institution may acquire, merge with, or otherwise consolidate with, another Major Institution.

B. Within ten (10) days of the acquisition, merger or consolidation, the new/surviving Major Institution shall notify the Director of the acquisition, merger or consolidation and the name of the new/surviving Major Institution. Upon receiving this notice, the Director shall adjust the Official Land Use Map to reflect a single, combined Major Institution Overlay (MIO) District, with the single name of the new/surviving Major Institution, but only if the two institutions are contiguous. The entire MIO District of each Major Institution shall be included in the single, combined MIO District.

C. When the determination to prepare a master plan is made pursuant to Section 23.69.026 and after acquisition, merger or consolidation, the new/surviving institution shall prepare the master plan according to the following:

1. If the two former institutions were not contiguous, the new/surviving institution has the option of preparing a joint master plan for both contiguous portions of the Major Institution or a separate master plan for the contiguous portion of the Major Institution for which the master plan requirement is triggered.

2. If the two former institutions were contiguous, the new/surviving institution must prepare a master plan for the single, combined Major Institution.

(Ord. 118362 § 16, 1996: Ord. 116744 § 55, 1993; Ord. 115165 § 4, 1990.)

Subchapter VI
Procedures

Part 1 Major Institution Designation

23.69.024 Major Institution designation

A. Major Institution designation shall apply to all institutions that conform to the definition of Major Institution.

B. New Major Institutions.

1. When a medical or educational institution makes application for new development, or when a medical or educational institution applies for designation as a Major Institution, the Director will determine whether the institution meets, or would meet upon completion of the proposed development, the definition of a Major Institution in Section 23.84A.025. Measurement of an institution's site or gross floor area in order to determine whether it meets minimum standards for Major Institution designation shall be according to the provisions of Section 23.86.036.

2. If the Director determines that Major Institution designation is required, the Director may not issue any permit that would result in an increase in area of Major Institution uses until the institution is designated a Major Institution, a Major Institution Overlay District is established, and a master plan is prepared according to the provisions of Part 2, Major Institution Master Plan.

3. The Director's determination that an application for a Major Institution designation is required will be made in the form of an interpretation subject to the procedures of Section 23.88.020.

4. The procedures for designation of a Major Institution are as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. The Council will grant or deny the request for Major Institution designation by resolution.

5. If the Council designates a new Major Institution, a Major Institution Overlay District must be established by ordinance according to the procedures for amendments to the Official Land Use Map (rezones) in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

6. A new Major Institution Overlay District may not be established and a Major Institution Overlay District Boundary may not be expanded in single-family or Industrial zones.

7. Boundaries of a Major Institution Overlay District and maximum height limits shall be established or amended in accordance with the rezone criteria contained in Section 23.34.124, and the purpose and intent of this chapter as described in Section 23.69.002, except that acquisition, merger or consolidation involving two Major Institutions is governed by the provisions of Section 23.69.023.

C. The MIO district designation, including height limits and master plan provisions when one has been adopted, shall be revoked for an institution which no longer meets the definition of a Major Institution. The applicable zoning provisions shall be the provisions of the existing underlying zoning classification. When an MIO district designation of an institution is to be revoked, the City may consider rezoning the institution campus. Upon determination that an institution no longer meets the definition of a Major Institution, the Director shall notify the Council. The revocation of a Major Institution designation shall be subject to the procedures set forth in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, for Major Institution designation and revocation.

(Ord. 123649, § 47, 2011; Ord. 122311, § 86, 2006; Ord. 120691 § 23, 2001: Ord. 115165 § 6, 1990; Ord. 115002 § 23(part), 1990.)

Part 2 Major Institution Master Plan

23.69.025 Intent of Major Institution master plans.

The intent of the Major Institution Master Plan shall be to balance the needs of the Major Institutions to develop facilities for the provision of health care or educational services with the need to minimize the impact of Major Institution development on surrounding neighborhoods.

(Ord. 115002 § 23(part), 1990.)

23.69.026 Determination to prepare a master plan.

A. Any Major Institution may elect to prepare a master plan.

B. A Major Institution without an adopted master plan or with a master plan that includes an expiration date and that was adopted under Code provisions prior to the 1996 Major Institutions Ordinance shall be required to prepare a master plan in the following circumstances:

1. The establishment of a new Major Institution Overlay (MIO) District is required according to Section 23.69.024; or

2. Expansion of an MIO District boundary or change in a MIO District height designation is proposed; or

3. An application is filed for a structure containing Major Institution use(s) that is located within the MIO District and would exceed the development standards of the underlying zone and is not permitted under an existing master plan, provided other means of modifying development standards that apply to similar uses located in the zone may also be sought; or

4. A Major Institution proposes to demolish or change the use of a residential structure inside the boundaries of an MIO District, provided that a master plan need not be prepared when:

a. The use is changed to housing for the institution, or

b. Not more than two (2) structures containing not more than a total of four (4) dwelling units are demolished or changed to a nonresidential use within a two (2) year period and are replaced in the general vicinity by the same number of dwelling units.

C. A Major Institution with an adopted master plan that is not subject to subsection B of this section shall be required to prepare a new master plan in the following circumstances:

1. The Major Institution proposes to increase the total amount of gross floor area allowed or the total number of parking spaces allowed within the MIO District; or

2. A master plan has been in effect for at least ten (10) years and the institution proposes to expand the MIO District boundaries; or

3. A master plan has been in effect for at least ten (10) years and the institution proposes an amendment to the master plan that is determined to be major according to the provisions of Section 23.69.035, and the Director determines that conditions have changed significantly in the neighborhood surrounding the Major Institution since the master plan was adopted.

D. A master plan shall not be required for replacement of existing structures where the replacement structure:

1. Would be located on the same lot; and

2. Would not contain uses which would require a change of use and which the Director determines would not result in an increase in adverse impacts on the surrounding area; and

3. Would not exceed the height of the existing structure; and

4. Would not represent a significant increase in bulk over the existing structure; and

5. Would not represent a significant increase in gross floor area over the existing structure; and

6. Would not significantly reduce existing open area or landscaping.

E. If an institution proposes a major amendment of unusual complexity or size, the Advisory Committee may recommend, and the Director may require, that the institution develop a new master plan.

F. The Director shall determine whether a master plan is required. The Director's determination shall be final and shall not be subject to an interpretation or appeal.

(Ord. 118362 § 17, 1996: Ord. 115165 § 7, 1990; Ord. 115002 § 23(part), 1990.)

23.69.028 Major Institution master plan-General provisions.

A. A master plan may modify the following:

1. Any development standard of the underlying zone, including structure height up to the limit established by the Major Institution Overlay (MIO) District;

2. Limits on housing demolition or conversion within the boundaries of the MIO District;

3. Limits on Major Institution uses at street level outside, but within two thousand five hundred feet (2,500') of, a MIO District Boundary;

4. Single-occupancy vehicle goals and maximum parking limitations.

B. Except as provided in Section 23.69.033, an application for a permit for development which requires preparation of a master plan shall not be approved prior to adoption of the master plan by the Council.

C. Changes to the boundaries of the MIO District or to a MIO District height limit shall require a rezone in addition to adoption of a master plan or major amendment, except that a boundary adjustment caused by the acquisition, merger or consolidation of two (2) contiguous Major Institutions shall be governed by the provisions of Section 23.69.023.

(Ord. 118362 § 18, 1996: Ord. 115165 § 8, 1990; Ord. 115002 § 23(part), 1990.)

23.69.030 Contents of a master plan

A. The master plan is a conceptual plan for a Major Institution consisting of three components: the development standards component, the development program component and the transportation management program component.

B. The development standards component in an adopted master plan shall become the applicable regulations for physical development of Major Institution uses within the MIO District and shall supersede the development standards of the underlying zone. Where standards established in the underlying zone have not been modified by the master plan, the underlying zone standards shall continue to apply. Proposed development standards shall be reviewed according to the criteria contained in Section 23.69.032 E, Draft Report and Recommendation of the Director. The development standards component may be changed only through a master plan amendment.

C. The development standards component of a master plan shall include the following:

1. Existing underlying zoning of the area within the boundaries of the MIO District. If a change to the underlying zoning is proposed, the master plan shall identify the proposed zone(s), and the master plan shall be subject to rezone approval according to the procedures of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions; and

2. If modifications to the underlying zone development standards are proposed, the proposed modifications and reasons for the proposed modifications or for special standards tailored to the specific institution; and

3. Standards in the master plan shall be defined for the following:

a. Structure setbacks along public rights-of-way and at the boundary of the MIO District,

b. Height limits as provided for in Section 23.69.004,

c. Lot coverage for the entire MIO District,

d. Landscaping,

e. Percentage of MIO District to remain in open space; and

4. The Major Institution may choose or the Director may require the Major Institution to address the following:

a. Transition in height and scale between development within the MIO District and development in the surrounding area,

b. Width and depth limits for structures or measures by which a reduction in the apparent bulk of a structure may be achieved,

c. Setbacks between structures which are not located on a public right-of-way or along the boundary of the MIO District,

d. Preservation of historic structures which are designated on federal, state or local registers,

e. View corridors or other specific measures intended to mitigate the impact of Major Institution development on the surrounding area,

f. Pedestrian circulation within and through the MIO District.

D. The development program component shall include the information set forth in subsection E of this section. With regard to future development, the development program component shall describe planned physical development, defined as development which the Major Institution has definite plans to construct. The development program may describe potential physical development or uses for which the Major Institution's plans are less definite. The development program may be amended according to the provisions of Section 23.69.035 without requiring amendment of the development standards component.

E. The development program component shall include the following:

1. A description of alternative proposals for physical development including an explanation of the reasons for considering each alternative, but only if an Environmental Impact Statement is not prepared for the master plan; and

2. Density as defined by total maximum developable gross floor area for the MIO District and an overall floor area ratio (FAR) for the MIO District. Limits on total gross floor area and floor area ratios may also be required for sub-areas within the MIO District but only when an MIO District is over 400 acres in size or when an MIO District has distinct geographical areas; and

3. The maximum number of parking spaces allowed for the MIO District; and

4. A description of existing and planned future physical development on a site plan that shall contain:

a. The height, description, gross floor area and location of existing and planned physical development, and

b. The location of existing open space landscaping and screening, and areas of the MIO District to be designated open space. Designated open space shall be open space within the MIO District that is significant and serves as a focal point for users of the Major Institution. Changes to the size or location of designated open space requires an amendment pursuant to Section 23.69.035, and

c. Existing public and private street layout, and

d. Existing and planned parking areas and structures; and

5. A site plan showing: property lines and ownership of all properties within the applicable MIO District, or areas proposed to be included in an expanded MIO District, and all structures and properties a Major Institution is leasing or using or owns within 2,500 feet of the MIO District; and

6. Three-dimensional drawings to illustrate the height, bulk and form of existing and planned physical development. Information on architectural detailing such as window placement and color and finish materials is not required; and

7. A site plan showing any planned infrastructure improvements and the timing of those improvements; and

8. A description of planned development phases and plans, including development priorities, the probable sequence for such planned development and estimated dates of construction and occupancy; and

9. A description of any planned street or alley vacations or the abandonment of existing rights-of-way; and

10. At the option of the Major Institution, a description of potential uses, development, parking areas and structures, infrastructure improvements or street or alley vacations. Information about potential projects is for the purpose of starting a dialogue with the City and the community about potential development, and changes to this information will not require an amendment to the master plan; and

11. An analysis of the proposed master plan's consistency with the purpose and intent of this chapter as described in Section 23.69.002; and

12. A discussion of the Major Institution's facility decentralization plans and/or options, including leasing space or otherwise locating uses off-campus; and

13. A description of the following shall be provided for informational purposes only. The Advisory Committee, pursuant to Section 23.69.032.D.1, may comment on the following but may not subject these elements to negotiation nor shall such review delay consideration of the master plan or the final recommendation to Council:

a. A description of the ways in which the institution will address goals and applicable policies under Education and Employability and Health in the Human Development Element of the Comprehensive Plan, and

b. A statement explaining the purpose of the development proposed in the master plan, including the public benefits resulting from the proposed new development and the way in which the proposed development will serve the public purpose mission of the Major Institution.

F. The Transportation Management Program component shall satisfy the requirements of Section 23.54.016. The Transportation Management Program shall include, at a minimum, the following:

1. A description of existing and planned parking, loading and service facilities, and bicycle, pedestrian and traffic circulation systems within the institutional boundaries and the relationship of these facilities and systems to the external street system. This shall include a description of the Major Institution's impact on traffic and parking in the surrounding area; and

2. Specific institutional programs to reduce traffic impacts and to encourage the use of public transit, carpools and other alternatives to single-occupant vehicles. Any specific agreements with the City for the provision of alternative modes of transportation shall also be included.

G. Environmental information and the master plan may be integrated into one (1) document.

H. Where two (2) or more institutions are located in close proximity to one another, the Director may require their combined land use, traffic and parking impacts on the surrounding area to be evaluated in the master plan for each institution.

(Ord. 123649, § 48, 2011; Ord. 122173, § 1, 2006; Ord. 120691 § 24, 2001; Ord. 118794 § 42, 1997; Ord. 118362 § 19, 1996: Ord. 115002 § 23(part), 1990.)

23.69.032 Master plan process

A. Not less than 60 days prior to applying for a master plan, the institution shall file a notice of intent to prepare a master plan with the Director.

B. Formation of a Citizens Advisory Committee.

1. Immediately following submittal of a notice of intent to prepare a master plan, the institution shall initiate the establishment of a Citizens Advisory Committee of at least six (6), but no more than twelve (12) members. In addition, all institutions with adopted master plans shall have a standing Advisory Committee.

2. Where there is more than one (1) Major Institution in the same general area, as determined by the Director, a single Advisory Committee serving more than one (1) institution may be permitted.

3. The institution, in consultation with the Director of the Department of Neighborhoods, shall develop a list of potential members to serve on the Advisory Committee. Groups from which members may be selected for appointment to the advisory committee shall include area community groups, residents, property owners, and business persons; consumer groups using the services of the institution; and any other persons or organizations directly affected by the actions of the institution. One member of the Advisory Committee shall be selected from persons in the area participating in neighborhood planning. One member of the Advisory Committee shall be a general community or citywide organization representative. To the extent possible, members of the Advisory Committee should possess expertise or experience in such areas as neighborhood organization and issues, land use and zoning, architecture or landscape architecture, economic development, building development and educational or medical services. A nonmanagement representative of the institution shall be included.

4. Members of the Advisory Committee shall have no direct economic relationship with the institution except as provided in subsection B3.

5. The Director of the Department of Neighborhoods shall review the list of potential members and recommend to the Council those individuals appropriate to achieve a balanced, independent and representative committee. After the recommendation has been submitted, the Department of Neighborhoods may convene the Advisory Committee. The Council may confirm the Advisory Committee composition, make changes in the size and/or composition of the Advisory Committee, or remand the matter to the Director of the Department of Neighborhoods for further action. The Council shall establish the final composition of the committee through a memorandum of agreement with the institution, prepared by the Department of Neighborhoods, and adopted by resolution.

6. Four (4) nonvoting, ex-officio members of the Advisory Committee shall represent the Major Institution, the Department of Construction and land use, the Department of Neighborhoods and Seattle Department of Transportation.

7. The Committee shall be staffed by the Department of Neighborhoods with the cooperation and assistance of the Major Institution. Technical assistance to the committee shall be provided by the Department of Planning and Development, Seattle Department of Transportation and the Department of Neighborhoods.

8. During the master plan review and adoption process, the Council may, in the interest of ensuring representative community participation on the Advisory Committee, amend the size and/or composition of the Advisory Committee.

9. The City-University Community Advisory Committee (CUCAC) shall serve as the Advisory Committee for the University of Washington.

10. The Director of the Department of Neighborhoods shall promulgate rules applicable to advisory committees, including terms of office, selection of chairpersons, and methods of conflict resolution.

C. Application for a Master Plan.

1. Within one hundred twenty (120) days of filing a notice of intent to prepare a master plan, the institution shall submit an application and applicable fees for a master plan. This application shall include an environmental checklist and a concept plan. The requirement for the environmental checklist may be waived if the Director and the Major Institution agree that an Environmental Impact Statement (EIS) will be prepared. The concept plan shall consist of the following:

a. Proposed institution boundaries; and

b. A proposed site plan including planned development and an estimate of total gross floor area proposed by the Major Institution; and

c. Planned uses; and

d. Any planned street vacations and planned parking location and access; and

e. A description of alternative proposals for physical development and decentralization options, including a detailed explanation of the reasons for considering each alternative; and

f. A description of the uses and character of the neighborhood surrounding the major institution and how the Major Institution relates to the surrounding area. This shall include pedestrian connections, physical and visual access to surrounding amenities and services, and the relationship of the Major Institution to other Major Institution development within two thousand five hundred (2,500) feet of its MIO District boundaries.

2. The Advisory Committee shall review and may submit comments on the concept plan and if there is one, the environmental checklist.

3. After an application for a master plan has been filed, the Director, in consultation with the institution and the Advisory Committee, shall prepare a schedule for the completion of the master plan. The timelines described in this section shall be goals, and shall form the basis for the master plan schedule. The goal of the City Council shall be to make a decision on the master plan within twenty-four (24) months from the date of application.

4. Notice of application for a master plan shall be provided as required by Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.

D. Development of Master Plan.

1. The Advisory Committee shall participate directly in the formulation of the master plan from the time of its preliminary concept so that the concerns of the community and the institution are considered. The primary role of the Advisory Committee is to work with the Major Institution and the City to produce a master plan that meets the intent of Section 23.69.025. Advisory Committee comments shall focus on identifying and mitigating the potential impacts of institutional development on the surrounding community based on the purpose and intent of this chapter as described in Section 23.69.002, and as prescribed in Chapter 25.05, Environmental Policies and Procedures. The Advisory Committee may review and comment on the mission of the institution, the need for the expansion, public benefits resulting from the proposed new development and the way in which the proposed development will serve the public purpose mission of the Major Institution, but these elements are not subject to negotiation nor shall such review delay consideration of the master plan or the final recommendation to Council.

2. The Advisory Committee shall hold open meetings with the institution and City staff to discuss the master plan and resolve differences. The institution shall provide adequate and timely information to the Advisory Committee for its consideration of the content and level of detail of each of the specific elements of the master plan.

3. The threshold determination of need for preparation of an Environmental Impact Statement (EIS) shall be made as required by Chapter 25.05, Environmental Policies and Procedures.

4. If an EIS is required and an institution is the lead agency, it shall initiate a predraft EIS consultation with the Director. The Advisory Committee shall meet to discuss the scope of the document. The Advisory Committee shall submit its comments on the scope of the draft EIS to the lead agency and the Director before the end of the scoping comment period. The lead agency shall prepare a final scope within one week after the end of the scoping period.

5. The institution shall prepare a preliminary draft master plan within 70 days of completion of the final scope of the EIS.

6. If an EIS is required, the institution or DPD, whichever is lead agency, shall be responsible for the preparation of a preliminary draft EIS within 70 days of the completion of the final scope, or approval of an EIS consultant contract, whichever is later.

7. The Advisory Committee, the Director of Transportation, the Director, and the institution shall submit comments on the preliminary draft master plan and the preliminary draft EIS to the lead agency within three weeks of receipt, or on the environmental checklist and supplemental studies if an EIS is not required. If DPD is the lead agency, a compiled list of the comments shall be submitted to the institution within ten days of receipt of the comments.

8. Within three weeks of receipt of the compiled comments, the institution shall review the comments and revise the preliminary draft master plan, if necessary, discussing and evaluating in writing the comments of all parties. The lead agency shall review the comments and be responsible for the revision of the preliminary draft EIS if necessary. If no EIS is required, the lead agency shall review the comments and be responsible for the annotation of the environmental checklist and revisions to any supplemental studies if necessary. Within three weeks after receipt of the revised drafts, the Director shall review the revised drafts and may require further documentation or analysis on the part of the institution. Three additional weeks may be spent revising the drafts for publication.

9. The Director shall publish the draft master plan. If an EIS is required, the lead agency shall publish the draft EIS.

10. The Director and the lead agency shall hold a public hearing on the draft master plan and if an EIS is required, on the draft EIS.

11. The Advisory Committee, the Director of Transportation and the Director shall submit comments on the draft master plan and if an EIS is required, on the draft EIS within six weeks after the issuance of the draft master plan and EIS.

12. Within 13 weeks after receipt of the comments, the institution shall review the comments on the draft master plan and shall prepare the final master plan.

13. If an EIS is required, the lead agency shall be responsible for the preparation of a preliminary final EIS, following the public hearing and within six weeks after receipt of the comments on the draft EIS. The Director of Transportation, the Director, and the institution shall submit comments on the preliminary final EIS.

14. The lead agency shall review the comments on the preliminary final EIS and shall be responsible for the revision of the preliminary final EIS, if necessary. The Director shall review the revised final document and may require further documentation or analysis on the part of the institution.

15. Within seven weeks after preparation of the preliminary final EIS, the Director shall publish the final master plan and, if an EIS is required, the lead agency shall publish the final EIS.

E. Draft Report and Recommendation of the Director.

1. Within five (5) weeks of the publication of the final master plan and EIS, the Director shall prepare a draft report on the application for a master plan as provided in Section 23.76.050, Report of the Director.

2. In the Director's Report, a determination shall be made whether the planned development and changes of the Major Institution are consistent with the purpose and intent of this chapter, and represent a reasonable balance of the public benefits of development and change with the need to maintain livability and vitality of adjacent neighborhoods. Consideration shall be given to:

a. The reasons for institutional growth and change, the public benefits resulting from the planned new facilities and services, and the way in which the proposed development will serve the public purpose mission of the major institution; and

b. The extent to which the growth and change will significantly harm the livability and vitality of the surrounding neighborhood.

3. In the Director's Report, an assessment shall be made of the extent to which the Major Institution, with its proposed development and changes, will address the goals and applicable policies under Education and Employability and Health in the Human Development Element of the Comprehensive Plan.

4. The Director's analysis and recommendation on the proposed master plan's development program component shall consider the following:

a. The extent to which the Major Institution proposes to lease space or otherwise locate a use at street level in a commercial zone outside of, but within two thousand five hundred (2,500) feet of, the MIO District boundary that is not similar to a personal and household retail sales and service use, eating and drinking establishment, customer service office, entertainment use or child care center but is allowed in the zone. To approve such proposal, the Director shall consider the criteria in Section 23.69.035 D3;

b. The extent to which proposed development is phased in a manner which minimizes adverse impacts on the surrounding area. When public improvements are anticipated in the vicinity of proposed Major Institution development or expansion, coordination between the Major Institution development schedule and timing of public improvements shall be required;

c. The extent to which historic structures which are designated on any federal, state or local historic or landmark register are proposed to be restored or reused. Any changes to designated Seattle Landmarks shall comply with the requirements of the Landmarks Preservation Ordinance.1 The Major Institution's Advisory Committee shall review any application to demolish a designated Seattle Landmark and shall submit comments to the Landmarks Preservation Board before any certificate of approval is issued;

d. The extent to which the proposed density of Major Institution development will affect vehicular and pedestrian circulation, adequacy of public facilities, capacity of public infrastructure, and amount of open space provided;

e. The extent to which the limit on the number of total parking spaces allowed will minimize the impacts of vehicular circulation, traffic volumes and parking in the area surrounding the MIO District.

5. The Director's analysis and recommendation on the proposed master plan's development standards component shall be based on the following:

a. The extent to which buffers such as topographic features, freeways or large open spaces are present or transitional height limits are proposed to mitigate the difference between the height and scale of existing or proposed Major Institution development and that of adjoining areas. Transition may also be achieved through the provision of increased setbacks, articulation of structure facades, limits on structure height or bulk or increased spacing between structures;

b. The extent to which any structure is permitted to achieve the height limit of the MIO District. The Director shall evaluate the specified limits on structure height in relationship to the amount of MIO District area permitted to be covered by structures, the impact of shadows on surrounding properties, the need for transition between the Major Institution and the surrounding area, and the need to protect views;

c. The extent to which setbacks of Major Institution development at ground level or upper levels of a structure from the boundary of the MIO District or along public rights-of-way are provided for and the extent to which these setbacks provide a transition between Major Institution development and development in adjoining areas;

d. The extent to which allowable lot coverage is consistent with permitted density and allows for adequate setbacks along public rights-of-way or boundaries of the MIO District. Coverage limits should insure that view corridors through Major Institution development are enhanced and that area for landscaping and open space is adequate to minimize the impact of Major Institution development within the MIO District and on the surrounding area;

e. The extent to which landscaping standards have been incorporated for required setbacks, for open space, along public rights-of-way, and for surface parking areas. Landscaping shall meet or exceed the amount of landscaping required by the underlying zoning. Trees shall be required along all public rights-of-way where feasible;

f. The extent to which access to planned parking, loading and service areas is provided from an arterial street;

g. The extent to which the provisions for pedestrian circulation maximize connections between public pedestrian rights-of-way within and adjoining the MIO District in a convenient manner. Pedestrian connections between neighborhoods separated by Major Institution development shall be emphasized and enhanced;

h. The extent to which designated open space maintains the patterns and character of the area in which the Major Institution is located and is desirable in location and access for use by patients, students, visitors and staff of the Major Institution;

i. The extent to which designated open space, though not required to be physically accessible to the public, is visually accessible to the public;

j. The extent to which the proposed development standards provide for the protection of scenic views and/or views of landmark structures. Scenic views and/or views of landmark structures along existing public rights-of-way or those proposed for vacation may be preserved. New view corridors shall be considered where potential enhancement of views through the Major Institution or of scenic amenities may be enhanced. To maintain or provide for view corridors the Director may require, but not be limited to, the alternate spacing or placement of planned structures or grade-level openings in planned structures. The institution shall not be required to reduce the combined gross floor area for the MIO District in order to protect views other than those protected under City laws of general applicability.

6. The Director's report shall specify all measures or actions necessary to be taken by the Major Institution to mitigate adverse impacts of Major Institution development that are specified in the proposed master plan.

F. Draft Advisory Committee Report.

1. At the same time the Director is preparing a written report on the master plan application, the Advisory Committee shall prepare a written report of its findings and recommendations on the final master plan. The Advisory Committee report shall include, in addition to its recommendations, the public comments it received. The document may incorporate minority reports.

2. The Advisory Committee report shall set forth any issues which the committee believes were inadequately addressed in the final master plan and final EIS and clearly state the committee's position on these issues.

3. The Advisory Committee report shall include a record of committee meetings, including the meetings' minutes.

G. Preparation of Final Director's Report and Final Advisory Committee Report.

1. The Director shall submit the draft Director's report to the Advisory Committee and the institution for their review.

2. Within three (3) weeks after receipt of the draft Director's Report, the Advisory Committee and the institution shall review and submit comments to the Director on the draft Director's Report.

3. Within two (2) weeks after receipt of the Advisory Committee's and institution's comments, the Director shall review the comments, and prepare a final Director's report using the criteria in subsection E of this section. The Director shall address each of the issues in the Advisory Committee's comments on the draft Director's Report. In addition, on those issues where the Director's recommendation differs from the Advisory Committee's recommendations, the Director shall include explanation of the difference.

4. The Director shall submit the final Director's Report to the Advisory Committee.

5. Within two (2) weeks after receipt of the final Director's Report, the Advisory Committee shall finalize its report according to subsection F of this section. The Advisory Committee report shall also include comments on the final Director's Report.

H. Hearing Examiner Consideration of the Master Plan.

1. The Hearing Examiner shall review the Director's report and recommendation and the Advisory Committee's report on the Director's report, as provided in Section 23.76.052, Hearing Examiner open record predecision hearing and recommendation.

2. If the Hearing Examiner considers the proposed master plan and all recommendations for changes, alternatives, mitigating measures and conditions, and determines that a significant master plan element or environmental issue was not adequately addressed by the proposed master plan, the Hearing Examiner may request the institution to prepare new proposals on the issues identified, may request the Director to conduct further analysis or provide clarification, and may request the Advisory Committee to reconvene for the limited purpose of commenting on the new proposals. The new proposals shall also be submitted to the Director, Advisory Committee and parties of record for comment. After the new proposals and comments have been received, the Hearing Examiner may:

a. Remand the new proposals and Advisory Committee comments and recommendation to the Director for further consideration and report; or

b. Hold the hearing record open for evidence on the new proposals, the Advisory Committee comments and recommendation, and/or any comments pertaining to the limited issues which were presented by other parties of record.

3. The Hearing Examiner shall submit a recommendation to the Council on the proposed master plan within thirty (30) days following the hearing. In addition to the Hearing Examiner's recommendation, the Hearing Examiner shall transmit to the Council the proposed master plan, environmental documentation, the Advisory Committee's reports, and the report and recommendation of the Director.

I. Council Consideration of the Hearing Examiner's Recommendation.

1. The Council shall review and consider the Hearing Examiner's recommendation as provided in Section 23.76.054, Council consideration of Hearing Examiner recommendation. The goal of the Council shall be to take final action on the Hearing Examiner's recommendation no later than three (3) months after the date it receives the recommendation.

2. If the Council examines the proposed master plan and all recommendations for changes, alternatives, mitigating measures and conditions, and determines that a significant master plan element was not adequately addressed by the proposed master plan, the Council may remand the master plan for submission of additional information and/or new proposal(s) on the issue determined to be inadequately addressed, in a time frame specified in the remand. The institution shall submit the additional information and/or new proposals to the Advisory Committee, to the parties of record to the Council decision to remand, and to the Director. The Advisory Committee shall prepare and submit comments and a report to the Director. The Director shall submit a report and recommendation on the additional information and/or new proposal(s) to the Hearing Examiner. The Hearing Examiner shall consider the additional information and/or new proposal(s) and submit a recommendation to Council pursuant to subsection 23.69.32H above.

J. Council Decision.

1. The Council's decision to adopt, adopt with conditions, or deny an application for a Major Institution Master Plan shall comply with the requirements of Section 23.76.056, Council decision on Hearing Examiner recommendation.

2. Adoption of a master plan shall be by ordinance. A master plan shall not become final until the ordinance approving it becomes law pursuant to the City Charter.2

K. Requirement for Compiled Plan. Within thirty (30) days of adoption of a master plan by the Council, the institution shall submit a draft copy of the compiled adopted plan for the Director's review and approval. This compiled plan shall incorporate all changes and conditions imposed during the plan approval process. The Director shall review the compiled plan within thirty (30) days of receipt of the plan, and may request corrections or clarifications if necessary. Upon the Director's approval, the institution shall submit seven (7) written copies of the compiled adopted plan to the Director. The Director shall keep one (1) copy and distribute the other six (6) copies to the City Clerk's Office, the Strategic Planning Office, the Department of Neighborhoods and the Seattle Public Library (one (1) copy for the main downtown library and two (2) copies to go to the two (2) branch libraries nearest the institution). The institution shall also submit one (1) copy of the compiled adopted plan in electronic format for the City to post on the Public Access Network (PAN). No Master Use Permit for development first permitted in the adopted plan shall be issued until the compiled plan has been reviewed and approved by the Director except as provided in Section 23.69.033.

(Ord. 123649, § 49, 2011; Ord. 122497, § 3, 2007; Ord. 121477 § 43, 2004; Ord. 120691 § 25, 2001; Ord. 118981 § 4, 1998; Ord. 118912 § 37, 1998; Ord. 118794 § 43, 1997; Ord. 118409 § 209, 1996: Ord. 118362 § 20, 1996: Ord. 116744 § 56, 1993; Ord. 115906 § 1, 1991; Ord. 115002 § 23(part), 1990.)

1. Editor's Note: The Landmarks Preservation Ordinance is set out at Chapter 25.12 of this Code.

2. Editor's Note: The City Charter is set out at the front of this Code.

23.69.033 Approval of master use permits prior to master plan adoption.

An institution may submit an application for development requiring a master plan prior to the master plan's adoption at any time following application for a master plan. The application may be approved if the following conditions are met:

A. Development proposed in the Master Plan:

1. The Draft Environmental Impact Statement (DEIS) and the draft master plan have been published; and

2. The development standards shall be established through the conditional use process; and either

3. a. The end of the schedule for submittal to Council of the master plan has been reached, and

b. Review of the application has been completed by the advisory committee and it has made a recommendation to the Director, and

c. The Council has approved the development as a Council Conditional Use according to the criteria of Section 23.69.012 A; or

4. a. The advisory committee has reviewed the application and has recommended by a three-fourths ( 3/4) vote of all advisory committee members, with at least six (6) affirmative votes, approval of the application, and

b. The Director has approved the development as an Administrative Conditional Use according to the criteria of Section 23.69.012;

B. Development not proposed in the Master Plan:

1. The conditions of subsection A of this section have been met; and

2. The institution shall provide a statement describing the unforeseen conditions or circumstances which warrant the need to include the proposed development; and

3. An analysis of the environmental impacts of the new proposal shall be incorporated into the environmental analysis of the proposed master plan and shall be reviewed by the advisory committee; and

4. The published final master plan and final EIS shall be amended to include the proposed development.

(Ord. 118362 § 21, 1996; Ord. 115002 § 23(part), 1990.)

23.69.034 Effect of master plan adoption.

A. After a master plan has been adopted, the institution may develop in accordance with the adopted master plan.

B. The Director may approve applications requiring a master plan prior to final adoption of the master plan subject to the provisions of Section 23.04.040 F, Section 23.04.040 G, or Section 23.69.033.

C. The Director shall not issue any permit for any development which has not been included within the master plan unless the institution has met the requirements of Section 23.69.035, Master plan amendment.

D. Applications for master use permits for development contained in the adopted master plan shall be subject to the requirements of Chapter 25.05, Environmental Policies and Procedures.

E. The adopted master plan shall be referenced on the Official Land Use Map and placed on file in the Department.

F. Following adoption of a master plan, the citizens advisory committee shall continue to advise the institution and the City regarding implementation or renewal of the master plan or amendments to the master plan. If more than one (1) major institution is designated within the same general area, individual advisory committees may be consolidated into one (1) committee. The committee shall meet as necessary but no less than once annually to review the status of the master plan.

G. When a master plan has been adopted prior to the effective date of these provisions1 and there is no standing advisory committee, an advisory committee shall be established in accordance with the provisions of subsection B of Section 23.69.032 at the time an application for an amendment to the master plan, requiring Council approval, is made.

H. The Advisory Committee and the neighborhood planning group from the surrounding area, if applicable, will be notified of master use permit (MUP) applications for Major Institution uses within the Major Institution Overlay (MIO) District and for Major Institution structures outside of but within two thousand five hundred feet (2,500') of the MIO District boundaries, and shall have an opportunity to review and comment on the applications if there is a discretionary decision and formal comment period as part of the MUP.

I. The institution shall provide an annual status report to the Director and the Advisory Committee which shall detail the progress the institution has made in achieving the goals and objectives of the master plan. The annual report shall contain the following information:

1. The status of projects which were initiated or under construction during the previous year;

2. The institution's land and structure acquisition, ownership and leasing activity outside of but within two thousand five hundred feet (2,500') of the MIO District boundary;

3. Progress made in achieving the goals and objectives contained in the transportation management program towards the reduction of single-occupant vehicle use by institution employees, staff and/or students; and

4. Progress made in meeting conditions of master plan approval.

(Ord. 118362 § 22, 1996; Ord. 116744 § 57, 1993; Ord. 115165 § 9, 1990; Ord. 115002 § 23(part), 1990.)

1. Editor's Note: Ordinance 115002 was passed by the Council on March 26, 1990.

23.69.035 Changes to master plan.

A. A proposed change to an adopted master plan shall be reviewed by the Director and determined to be an exempt change, a minor amendment, or a major amendment.

B. Exempt Changes. An exempt change shall be a change to the design and/or location of a planned structure or other improvement from that shown in the master plan, which the Director shall approve without publishing an interpretation. Any new gross floor area or parking space(s) must be accompanied by a decrease in gross floor area or parking space(s) elsewhere if the total gross floor area or parking spaces permitted for the entire MIO District or, if applicable, the subarea would be exceeded. Each exempt change must meet the development standards for the MIO District. Exempt changes shall be:

1. Any new structure or addition to an existing structure not approved in the master plan that is twelve thousand (12,000) square feet of gross floor area or less; or

2. Twenty (20) or fewer parking spaces not approved in the master plan; or

3. An addition to a structure not yet constructed but approved in the master plan that is no greater than twenty percent (20%) of the approved gross floor area of that structure or twenty thousand (20,000) square feet, whichever is less; or

4. Any change in the phasing of construction, if not tied to a master plan condition imposed under approval by the Council; or

5. Any increase in gross floor area below grade.

C. Amendments. The Advisory Committee shall be given the opportunity to review a proposed minor or major amendment and submit comments on whether it should be considered minor or major, and what conditions (if any) should be imposed if it is minor. The Director shall determine whether the amendment is minor or major according to subsections D and E of this section. The Director's decision that a proposed amendment is minor or major shall be made in the form of an interpretation subject to the procedures of Chapter 23.88, Rules; Interpretation. If the Director and the Major Institution agree that a major amendment is required based on subsection E of this section, the interpretation process may be waived, and the amendment and environmental review process shall be subject to the provisions of subsection G of this section. After the Director makes a decision on whether an amendment is minor or major, the Advisory Committee shall be notified.

D. Minor Amendments. A proposed change to an adopted master plan shall be considered and approved as a minor amendment when it is not an exempt change according to subsection B of this section, when it is consistent with the original intent of the adopted master plan, and when it meets at least one of the following criteria:

1. The amendment will not result in significantly greater impacts than those contemplated in the adopted master plan; or

2. The amendment is a waiver from a development standard or master plan condition, or a change in the location or decrease in size of designated open space, and the proposal does not go beyond the minimum necessary to afford relief and will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the Major Institution is located; or

3. The amendment is a proposal by the Major Institution to lease space or otherwise locate a use at street level in a commercial zone outside an MIO District, and within two thousand five hundred feet (2,500') of the MIO District boundary, and the use is allowed in the zone for but not permitted pursuant to Section 23.69.022. In making the determination whether the amendment is minor, the Director shall consider the following factors:

a. Whether an adequate supply of commercially zoned land for business serving neighborhood residents will continue to exist, and

b. Whether the use will maintain or enhance the viability or long term potential of the neighborhood-serving character of the area, and

c. Whether the use will displace existing neighborhood-serving commercial uses at street level or disrupt a continuous commercial street front, particularly of personal and household retail sales and service uses, and

d. Whether the use supports neighborhood planning goals and objectives as provided in a Council-approved neighborhood plan.

E. Major Amendments. A proposed change to an adopted master plan shall be considered a major amendment when it is not an exempt change according to subsection B of this section or a minor amendment according to subsection D of this section. In addition, any of the following shall be considered a major amendment:

1. An increase in a height designation or the expansion of the boundary of the MIO District; or

2. Any change to a development standard that is less restrictive; or

3. A reduction in housing stock outside the boundary but within two thousand five hundred feet (2,500') of the MIO District, other than within a Downtown zone, that exceeds the level approved in an adopted master plan; or

4. A change to the single-occupancy vehicle goal of an approved transportation management program that increases the percentage of people traveling by single-occupancy vehicle; or

5. A use that requires Council Conditional Use approval, including but not limited to a helistop or a major communication utility, that was not described in an adopted master plan; or

6. The update of an entire development program component of a master plan that was adopted under Code provisions prior to the 1996 Major Institutions Ordinance where the institution proposes an increase to the total amount of gross floor area allowed or the total number of parking spaces allowed under the institution's existing development program component within the MIO District.

F. If the Director, after reviewing any Advisory Committee recommendation, determines that a proposed major amendment is of unusual complexity or size, the Director may require that the institution prepare a new master plan subject to Section 23.69.032.

G. If an amendment is determined to be major, the amendment and environmental review process shall be subject to the provisions of Section 23.69.032, Master plan process. However, a concept plan and preliminary draft plan shall not be required. Instead, the Major Institution shall submit a major amendment draft report as part of the application stating which parts of the master plan are proposed to be amended. If an EIS is required for the major amendment, the draft EIS shall be prepared after submittal of the major amendment draft report. After comments are received on the major amendment draft report, the institution shall prepare the major amendment final report and if required, the final EIS. If an EIS is not required for the major amendment, the Director is not required to hold a public hearing on the major amendment draft report.

H. Noncontiguous areas that are included in a MIO District as a result of a previously adopted master plan shall be deleted from the MIO District at the time a major amendment is approved unless the noncontiguous area was a former and separate MIO District. The change to the MIO District boundaries shall be in accordance with the procedures for City-initiated amendments to the Official Land Use Map as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, and shall not be subject to the rezone criteria contained in Section 23.34.124.

(Ord. 120691 § 26, 2001; Ord. 118362 § 23, 1996: Ord. 115165 § 10, 1990; Ord. 115002 § 23(part), 1990.)

23.69.036 Master plan renewal.

A. The process for renewal of a master plan's development program component shall follow the procedures provided in Section 23.69.032, Master plan process.

B. Noncontiguous areas which are included in a MIO District as a result of a previously adopted master plan shall be deleted from the MIO District at the time a new master plan development program component is adopted, unless the noncontiguous area was a former and separate MIO District. The change to the MIO District boundaries shall be in accordance with the procedures for City-initiated amendments to the Official Land Use Map as provided in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, and shall not be subject to the rezone criteria contained in Section 23.34.124.

(Ord. 120691 § 27, 2001; Ord. 118362 §§ 24, 25, 1996; Ord. 115002 § 23(part), 1990.)

Chapter 23.71
NORTHGATE OVERLAY DISTRICT

Sections:

Subchapter I Establishment of Overlay District

23.71.002 Purpose and intent.

23.71.004 Northgate Overlay District established.

23.71.006 Application of regulations.

Subchapter II Development Standards

Part 1 Northgate Overlay District Development Standards

23.71.007 Substantial development.

23.71.008 Development along major pedestrian streets.

23.71.010 Green streets.

23.71.012 Special landscaped arterials

23.71.014 Open space.

23.71.016 Parking and access

23.71.018 Transportation management program.

23.71.020 Development Agreements.

23.71.030 Development standards for transition areas within the Northgate Overlay District

23.71.036 Maximum width and depth of structures

23.71.038 Definition of mixed-use development within the Northgate Overlay District.

23.71.040 Density limits for residential uses in commercial zones within the Northgate Overlay District.

23.71.042 Standards for commercial-only structures in Residential/Commercial zones within the Northgate Overlay District.

23.71.044 Standards for residential uses in commercial zones within the Northgate Overlay District.

Subchapter I
Establishment of Overlay District

23.71.002 Purpose and intent.

The purpose of this chapter is to implement the Northgate Area Comprehensive Plan by regulating land use and development within the Northgate Overlay District in order to:

A. Create an environment in the Northgate Area that is more amenable to pedestrians and supportive of commercial development; and

B. To protect the residential character of residential neighborhoods; and

C. Support the use of Northgate as a regional high-capacity transportation center.

(Ord. 116795 § 2(part), 1993.)

23.71.004 Northgate Overlay District established.

There is hereby established pursuant to Chapter 23.59 of the Seattle Municipal Code, the Northgate Overlay District, as shown on the City's Official Land Use Map, Chapter 23.32 and Map A.

(Ord. 121362 § 1, 2003; Ord. 120117 § 51, 2000: Ord. 118414 § 52, 1996: Ord. 116795 § 2(part), 1993.)

  {/PICK;23-71-004;full;comptd;block;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-71-004.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.71.006 Application of regulations.

All land located within the Northgate Overlay District is subject to regulations of the underlying zone unless specifically modified by the provisions of this chapter. Where the boundaries of the Northgate Overlay District overlap with the boundaries of the Major Institution Overlay District, the zoning underlying a major institution shall be as modified by the Northgate Overlay District. In the event of irreconcilable differences between the provisions of the Northgate Overlay District and the underlying zone, the provisions of this chapter apply, except that where a conflict exists between the provisions of this chapter and Chapter 23.69, Major Institution Overlay District, the provisions of Chapter 23.69 take precedence, provided that the major institution may be granted an exception pursuant to SMC Section 23.71.026.

(Ord. 116795 § 2(part), 1993.)

Subchapter II
Development Standards

Part 1 Northgate Overlay District Development Standards

23.71.007 Substantial development.

For the purposes of this chapter, "substantial development" means any new development, or expansion or addition to existing development, when the new development, expansion or addition exceeds four thousand (4,000) square feet in gross floor area, excluding accessory parking area.

(Ord. 116795 § 2(part), 1993.)

23.71.008 Development along major pedestrian streets.

A. Northeast Northgate Way (from Third Avenue Northeast to 11th Avenue Northeast) and Fifth Avenue Northeast (from Northeast 113th Street to Northeast 105th Street) are designated as Major Pedestrian Streets as shown on Map A. Proposed use and development of property zoned commercial and abutting these streets shall meet the standards of this section.

B. Standards for Required Street-level Uses.

1. A minimum of sixty (60) percent of a commercially zoned lot's frontage on a major pedestrian street shall be occupied by one or more of the following uses, referred to in this section as "required street-level uses," provided that drive-in businesses and outdoor storage are prohibited:

a. General sales and services;

b. Major durables retail sales;

c. Eating and drinking establishments;

d. Entertainment uses;

e. Lodging uses;

f. Public libraries;

g. Parks and open spaces.

If a portion of the major pedestrian street frontage is required for access to on-site parking due to limited lot dimension, the Director may permit less than sixty (60) percent of the frontage to be occupied by such uses.

2. A minimum of eighty (80) percent of each structure fronting on a major pedestrian street must be occupied at street level by required street-level uses or a building lobby permitting access to uses above or behind street-front uses. In no case may pedestrian access to uses above or behind required street-front uses exceed twenty (20) percent of the structure's major pedestrian street front. The remaining twenty (20) percent of the structure's street frontage may contain other permitted uses or pedestrian entrances (Exhibit 23.71.008 A).

3. Street-level uses must occupy a minimum of the first ten (10) feet above sidewalk grade.

4. All required street-level uses along major pedestrian streets may be set back no more than ten (10) feet from the street lot line, except as necessary to provide open space as defined in Section 23.71.014 C or for bedrooms in a lodging structure, which may be set back a maximum of fifteen (15) feet. The owner shall design the area subject to this setback to include special pavers, as an extension of the sidewalk or with landscaping.

5. The principal entrances to required street-level uses on major pedestrian streets shall have direct access to the sidewalk and be within three (3) feet of the sidewalk grade elevation.

6. General sales and service uses or major durables retail sales uses, in each case greater than thirty thousand (30,000) square feet may locate a principal pedestrian entrance on a facade oriented to a parking area or the major pedestrian street. Where a principal pedestrian entrance is oriented to a parking area, an additional pedestrian entrance shall be located along the major pedestrian street. In lieu of the additional entrance, the owner may provide a ten (10) foot wide, landscaped pedestrian walkway from the major pedestrian street to the principal pedestrian entrance, provided that the walkway does not go through other businesses or parking areas.

C. Parking Location and Screening. The following standards apply along major pedestrian streets:

1. Parking, or access to parking, shall not exceed forty (40) percent of a lot's frontage on a major pedestrian street.

2. Parking shall be located to the rear or side of a structure, within or under the structure, or within eight hundred (800) feet of the lot to which it is accessory.

3. Where parking within a structure occupies any portion of the major pedestrian street level of the structure, the parking shall be screened from public view from the major pedestrian street(s) by a street-level facade. The street-level facade shall be enhanced by architectural detailing, artwork, landscaping, or similar treatment that will add visual interest to the facade.

4. The perimeter of each floor of parking which is eight (8) feet or more above sidewalk grade shall have an opaque screen at least three and one-half (3 1/2) feet high at its perimeter.

5. Surface parking areas shall be set back a minimum of fifteen (15) feet from the major pedestrian street lot line. The setback area, excluding driveways, shall be provided as landscaped or usable open space, as defined in Section 23.71.014.

6. Any nonconformity with respect to location, screening and landscaping of an existing parking area shall be eliminated at the time of a substantial development, if the area of the nonconformity is between the substantial development and the major pedestrian street. This requirement shall apply regardless of whether the substantial development increases lot coverage.

D. Parking Access and Curb Cuts.

1. When a lot abuts an alley which meets the standards of Section 23.53.030 C, access to parking shall be from the alley.

2. When a lot does not abut an improved alley, and the lot fronts on more than one (1) street, at least one of which is not a major pedestrian street, access to parking shall be from a street which is not a major pedestrian street.

3. If the lot does not abut an improved alley, and only abuts a major pedestrian street(s), access from the major pedestrian streets shall be limited to one (1), two (2) way curb cut within any three hundred (300) foot segment of that lot. For purposes of this subsection, a segment of a lot shall be measured as a lot's continuous streetside lot line unbroken by streets, alleys or property owned by another. A segment may front on two or more streets around corners.

E. Sidewalks.

1. The owner shall construct a sidewalk no less than twelve (12) feet in width.

2. The owner shall plant street trees adjacent to the major pedestrian street. The trees shall meet criteria prescribed by the Director of Transportation.

3. Planting strips are prohibited along major pedestrian streets.

4. The owner shall install street furniture and planting boxes adjacent to the major pedestrian street. The installation shall conform to the Right-of-Way Improvements Manual.

F. Street Facade Standards.

1. Transparency Requirements. Sixty (60) percent of the width of the facade of a structure along the major pedestrian street shall be transparent. Clear or lightly tinted glass, with comparable visibility into the structure as clear glass, in windows, doors and display windows, which must be a minimum of four (4) feet deep, shall be considered transparent. Transparent areas shall allow unobstructed views into the structure or into display windows, which must be a minimum of four (4) feet deep, from the outside.

2. Blank Facades.

a. Any portion of a facade which is not transparent shall be considered to be a blank facade.

b. Blank facade segments shall not exceed thirty (30) feet along the major pedestrian street front.

c. Blank facade segments which are separated by transparent areas of at least two (2) feet in width shall be considered separate facade segments for the purposes of this section.

3. Transparent and blank facade standards apply to the area of a facade between two (2) feet and eight (8) feet above the sidewalk.

G. Overhead Weather Protection.

1. Continuous overhead weather protection (i.e., canopies, awnings, marquees, and arcades) is required along at least sixty (60) percent of the street frontage of a commercial structure on a major pedestrian street.

2. The overhead weather protection must be provided over the sidewalk, or over a walking area within ten (10) feet immediately adjacent to the sidewalk. When provided adjacent to the sidewalk, the covered walking area must be at the same grade or within eighteen (18) inches of sidewalk grade and meet Washington state requirements for barrier-free access.

3. The covered area shall have a minimum width of six (6) feet, unless there is a conflict with street trees or utility poles, in which case the width may be adjusted to accommodate such features.

4. The lower edge of the overhead weather protection shall be a minimum of eight (8) feet and a maximum of twelve (12) feet above the sidewalk for projections extending a maximum of six (6) feet. For projections extending more than six (6) feet from the structure, the lower edge of the weather protection shall be a minimum of ten (10) feet and a maximum of fifteen (15) feet above the sidewalk.

(Ord. 122311, § 87, 2006; Ord. 122205, § 12, 2006; Ord. 121362 § 2, 2003; Ord. 121244 § 1, 2003; Ord. 118414 § 53, 1996; Ord. 118409 § 210, 1996: Ord. 116795 § 2(part), 1993.)

{/PICK;23-71-008;full;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-71-008.tif;comptd;comptd;center;center;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.71.010 Green streets.

A. Green streets are identified on Map A.

B. Where an owner proposes substantial development adjacent to a street classified as a green street, the owner shall construct street and pedestrian improvements which meet standards promulgated by the Director and the Director of Transportation.

(Ord. 118409 § 211, 1996: Ord. 116795 § 2(part), 1993.)

23.71.012 Special landscaped arterials

A. Special landscaped arterials are those arterials identified on Map A.

B. If an owner proposes substantial development on lots abutting special landscaped arterials, the owner shall provide the following:

1. Street trees meeting standards established by the Director of Seattle Department of Transportation.

2. A 6 foot planting strip and 6 foot sidewalk if the lot is zoned SF, LR1, or LR2.

3. A 6 foot planting strip and a 6 foot sidewalk, or, at the owner's option, a 12 foot sidewalk without a planting strip, if the lot is zoned NC2, NC3, RC, LR3, or MR.

4. Pedestrian improvements, as determined by the Director of the Seattle Department of Transportation, such as, but not limited to special pavers, lighting, benches and planting boxes.

(Ord. 123495, § 72, 2011; Ord. 121477 § 44, 2004; Ord. 118409 § 212, 1996: Ord. 116795 § 2(part), 1993.)

23.71.014 Open space.

A. Quantity of Open Space.

1. In all Commercial zones with a permitted height limit of forty (40) feet or less, a minimum of ten (10) percent of lot area or, at the applicant's option, proposed gross floor area, shall be provided as landscaped or usable open space for all commercial and mixed use substantial development. A minimum of one-half ( 1/2) of the required open space shall be landscaped open space and a minimum of one-third ( 1/3) of the required open space shall be usable open space. The remainder shall be either landscaped or usable open space or may be provided in accordance with subsection A8 of this section.

2. In all Commercial zones with a permitted height limit greater than forty (40) feet, a minimum of fifteen (15) percent of lot area or, at the applicant's option, proposed gross floor area, shall be provided as landscaped or usable open space for all commercial and mixed use substantial development. A minimum of one-third ( 1/3) of the required open space shall be landscaped open space and a minimum of one-fifty ( 1/5) of the required open space shall be usable open space. The remainder shall be either landscaped or usable open space or may be provided in accordance with subsection A8 of this section.

3. Open space may be provided as interior or exterior open space according to the standards provided in subsections 23.71.014 B and C. Interior open space may be used to satisfy up to twenty (20) percent of the open space requirement.

4. Reductions to Required Open Space. Required open space may be reduced if any of the following open space alternatives are provided:

a. Interior public meeting space or space accommodating a public library, either of which shall be free to the public and credited at two (2) times their actual area;

b. An on-site town square, urban plaza, active park, or passive park which meets the minimum size requirements prescribed in Table 23.71.014 A and which is consistent with the standards for such features contained in subsection 23.71.014 C. Such space shall be credited towards the open space requirement at 1.5 times the actual lot area occupied by such space.

5. Above-ground open space in the form of a publicly accessible terrace may satisfy up to thirty (30) percent of total required open space. Due to the more limited public access to such areas, such above-ground open space shall be credited at seventy-five (75) percent of actual area provided. Above-ground open space in combination with interior open space shall not exceed fifty (50) percent of the total area required for open space.

6. In no case shall required landscaped open space be reduced to less than the minimum percentages for landscaped open space required in (A)(1) and (A)(2) of this section. Required landscaping of surface parking areas, which may include perimeter screening, may count towards the landscaped open space requirement up to the minimum percentages required in (A)(1) and (A)(2) of this section.

7. When an owner proposes substantial development on lots forty thousand (40,000) square feet or less and adjacent to a major pedestrian street as designated in Section 23.71.008, the Director may reduce the total amount of required open space if the owner provides open space on the portion of the site abutting the major pedestrian street. The reduction does not apply to open space consisting of landscaping required for surface parking areas, screening, or to improvements provided within the street right-of-way.

8. Northgate Open Space Fund.

a. In lieu of providing the remainder of open space, as defined in subsections A1 and A2 of this section, an owner may make a payment to the Northgate Area Open Space fund, if such a fund is established by the City Council.

b. An in-lieu of payment shall equal the assessed value of the land and improvements which would otherwise have been provided as open space.

c. Funds received from properties within the Northgate Core sub-area as shown on Map A, shall be applied to open space acquisition or improvements in the Northgate Core sub-area. Funds received from properties outside of the Northgate Core sub-area shall be applied to open space acquisition or improvements within one-half ( 1/2) mile of contributing sites.

B. Open Space Development Standards.

1. Landscaped Open Space.

a. Landscaped open space shall be provided outdoors in the ground or in permanently installed beds, planters, or in large containers which cannot be readily removed.

b. Landscaped open space shall have a minimum horizontal dimension of six feet (6'), except on lots which are ten thousand (10,000) square feet or less in area, where a minimum horizontal dimension of five feet (5') is allowed. Where screening and landscaping of a surface parking area is counted towards meeting the landscaped open space requirement it shall meet the minimum dimensions as required by the underlying zone.

2. Usable Open Space-General.

a. Usable open space shall be open to the public. The minimum size of usable open space is prescribed in Table 23.71.014 A. The Director may modify the requirements of Section 23.71.014 C, if the owner demonstrates that meeting the requirements is infeasible or the Director determines that the owner's proposal will better achieve the purpose of usable open space than the requirements prescribed herein.

b. Usable open space shall be located within three feet (3') of the elevation of abutting sidewalks, provide access of at least ten feet (10') in width and provide barrier-free access according to the Washington State Rules and Regulations for Barrier-Free Design.

c. Where proposed, skybridges shall provide a direct connection to the nearest usable open space at ground level. This connection shall be visible from the skybridge and shall be identified by signage at both entrances to the skybridge.

3. Usable Open Space-Exterior.

a. Usable open space may be provided as on-site exterior open space consisting of an active or passive park, courtyard, public meeting space, terrace, town square, urban garden, urban plaza, landscaped interior block pedestrian connection or urban trail.

b. Exterior usable open space shall meet the minimum standards contained in subsection 23.71.014 C.

c. Exterior usable open space shall be screened from streets and parking areas by landscaping, a fence or a wall, except along a major pedestrian street, in which case usable open space shall be accessible to or integrated into the adjoining sidewalk for at least fifty percent (50%) of its frontage.

4. Usable Open Space-Interior.

a. Usable open space may be provided as on-site interior open space consisting of an atrium/greenhouse, galleria, or public meeting space.

b. Interior usable open space shall provide direct pedestrian connections, with a clear path at least ten feet (10') wide, to exterior usable open space or public right-of-way. Such pedestrian connections shall not count toward interior usable open space requirements.

c. Interior usable open space shall meet the applicable standards contained in subsection 23.71.014 C.

C. Minimum Standards for Usable Open Space.

Table 23.71.014 A Minimum Square Footage Requirements For Usable Open Space
Minimum WidthMinimum Area
Active park80'11,000 square feet
Atrium/greenhouse40'2,000 square feet
Courtyard30'2,000 square feet
Galleria20'2,000 square feet
Landscaped interior– block pedestrian connections10'no minimum area
Passive park100'22,000 square feet
Public meeting space30'1,500 square feet
Terrace10'800 square feet
Town square80'11,000 square feet
Urban garden10'no minimum area
Urban plaza50'3,500 square feet

1. Active Park. An active park shall be essentially level, accessible from a public right-of-way and shall include areas for active recreation such as, but not limited to, ball fields, courts and children's play area(s). Public seating shall be provided.

2. Atrium/Greenhouse, Galleria. An atrium/greenhouse or galleria shall provide a large, enclosed, weather-protected space, generally covered by transparent and/or translucent material and meeting the following minimum standards and guidelines:

a. Location and Access. The location of an atrium/greenhouse or galleria shall be highly visible from the street and easily accessible to pedestrians. Pedestrian access should be designed to improve overall pedestrian circulation on the block.

b. Minimum Standards.

i. The minimum height shall be thirty feet (30').

ii. A minimum of fifteen percent (15%) of an atrium/greenhouse or galleria shall be landscaped.

iii. A minimum of fifteen percent (15%) of an atrium/greenhouse or galleria shall be reserved for public seating at a rate of one lineal foot for every thirty (30) square feet of floor area or one lineal foot of public seating area for every thirty (30) square feet of floor area.

iv. A minimum of thirty-five percent (35%) of the perimeter of an atrium/greenhouse or galleria shall be occupied by retail sales and service uses and sixty percent (60%) of every retail frontage on the atrium/greenhouse or galleria shall be transparent.

v. Perimeter walls of an atrium/greenhouse or galleria, excluding the wall of the structure, shall be no more than fifteen percent (15%) blank. All nontransparent perimeter walls shall include measures to reduce the effect of the blank wall including, but not limited to, architectural detailing, landscaping, modulation or art.

3. Courtyard. A courtyard shall meet the following minimum standards and guidelines:

a. Location and Access. A courtyard shall be adjacent to or attached to a structure or public sidewalk and shall be highly visible from adjacent sidewalks and public areas and have direct access to the streets on which it fronts. A courtyard shall be easily accessible and inviting to pedestrians and provide enclosure through use of design elements such as pedestrian walkways, structures containing retail uses, low planters or benches, and seating.

b. Fifty percent (50%) of the courtyard area, outside of areas of major pedestrian traffic, shall be level.

c. Courtyards shall include unit paving; landscaping, which encourages privacy and quiet; and pedestrian-scaled lighting and seating. Public seating shall be provided at a rate of one lineal foot of seating for every fifty (50) square feet of courtyard area

4. Passive Park. Passive parks shall provide landscaped space for unstructured recreational activity such as walking or picnicking.

5. Public Meeting Space. Public meeting spaces shall be enclosed rooms available for use by the public free of charge, designed for the purposes of accommodating meetings, gatherings, or performances with seating capacity for at least fifty (50) people. Public meeting spaces shall be available to the public between the hours of ten a.m. (10:00 a.m.) and ten p.m. (10:00 p.m.) Monday through Friday and shall not count towards minimum parking requirements.

6. Terrace. A terrace is intended to provide additional opportunity for open space in areas of concentrated development.

a. Location and Access.

i. A terrace is a wind-sheltered area above street-level uses in a structure.

ii. A terrace should be easily accessible from the street and access should be plainly identified.

iii. Direct access by stairs, ramps or mechanical assist shall be provided from a public right-of-way or public open space to the terrace.

iv. The path of access must have a minimum width of ten feet (10').

b. A minimum of eighty percent (80%) of the terrace shall receive solar exposure from eleven a.m. (11:00 a.m.) until two p.m. (2:00 p.m.) PDT between the spring and autumn equinox.

c. Public seating shall be provided in an amount equal to one (1) seat for each thirty (30) square feet of terrace area or one lineal foot of public seating for each thirty (30) square feet of terrace area.

d. Terraces shall be landscaped in a manner which provides for the comfort and enjoyment of people in the space as well as creates a visual amenity for pedestrians and occupants of surrounding buildings.

e. A terrace shall be open to the public from at least seven a.m. (7:00 a.m.) until one (1) hour after sunset seven (7) days a week.

7. Town Square. A town square shall meet the criteria for an urban plaza and in addition, shall meet the following:

a. Location and Access. A town square shall be located adjacent to a major pedestrian street.

b. A large, essentially level, unobstructed area should characterize the center of a town square and be available for public events.

8. Urban Garden. Urban gardens are intended to provide color and visual interest to pedestrians and motorists and are characterized by such amenities as specialized landscaping, paving materials and public seating.

a. Location and Access. Urban gardens shall be located at or near sidewalk grade and adjacent to a public right-of-way or building lobby.

b. One (1) public seating space for each twenty (20) square feet of garden area or one (1) lineal foot of public seating for every twenty (20) square feet of garden area shall be provided.

c. Urban gardens shall be developed with unit paving and plant materials in a garden-like setting. Landscaping shall include a mix of seasonal and permanent plantings, including trees and shrubs. A water feature is encouraged.

d. A minimum of seventy-five percent (75%) of the garden area shall receive solar exposure from eleven a.m. (11:00 a.m.) until two p.m. (2:00 p.m.) PDT, between the spring and autumn equinox.

e. The garden shall be open to the public at least five (5) days a week from eight a.m. (8:00 a.m.) until seven p.m. (7:00 p.m.).

9. Urban Plaza. An urban plaza shall serve as a link between a building and the pedestrian network and/or as a focal point between two (2) or more buildings.

a. Location and Access.

i. An urban plaza shall be one (1) contiguous space, with at least one (1) edge abutting a street at a transit stop or anywhere along a major pedestrian street.

ii. The area within ten feet (10') of the sidewalk, along a minimum of fifty percent (50%) of each street frontage shall be within three feet (3') elevation of the adjoining public sidewalk.

b. There shall be no physical obstruction between an urban plaza and the sidewalk. The plaza should be distinguished from the public right-of-way by landscaping and/or a change in paving materials.

c. The aggregate area of retail kiosks and carts in an urban plaza should not exceed one hundred fifty (150) square feet or one percent (1%) of the total area of the plaza, whichever is greater.

d. Urban plazas shall have retail sales and service uses on frontage equivalent to at least fifty percent (50%) of the perimeter of the plaza. The retail sales and service uses shall have direct access onto the plaza.

e. Urban plazas shall be landscaped and paved in such a way as to provide continuous access to the public right-of-way. A minimum of twenty percent (20%) and a maximum of thirty percent (30%) of the plaza shall be landscaped.

f. A minimum ratio of one (1) tree per seven hundred (700) square feet of plaza area is required. Trees should be arranged in such a manner as to define the perimeter of the space and to maximize solar exposure to the principal space.

g. A minimum of eighty-five percent (85%) of the plaza shall be uncovered and open to the sky, excluding deciduous tree canopies.

h. There shall be one (1) lineal foot of public seating area or one (1) public seat for every thirty-five (35) square feet of plaza area. Up to fifty percent (50%) of the seating may be moveable.

i. An urban plaza shall be open to the public during normal business hours, seven (7) days a week.

(Ord. 121362 § 3, 2003; Ord. 116795 § 2(part), 1993.)

23.71.016 Parking and access

A. Required Parking.

1. Off-street parking requirements are prescribed in Chapter 23.54, except as modified by this chapter. Minimum and maximum parking requirements for specified uses in the Northgate Overlay District are identified in Table A for 23.71.016.

Table A for 23.71.016 Minimum and Maximum Parking Requirements
LONG TERMSHORT TERM
MinimumMaximumMinimum
Office0.9/10002.6/10000.2/1000
General sales and service (Customer service office)*1.0/10002.4/10001.6/1000
General sales and service (other and Major durables retail sales*0.93/10002.4/10002.0/1000
Motion picture theatersN/AN/AMin: 1/8 seats
Max: 1/4 seats

*Except that the minimum requirements for pet daycare centers is pursuant to Table A for Section 23.54.015 and as regulated in Section 23.47A.039.

2. Parking waivers provided under Section 23.54.015 D apply in the Northgate Overlay District, except that no waiver of parking may be granted to medical service uses.

3. Parking may exceed the maximums if provided in a structure pursuant to a joint use parking agreement with the Metro Transit Center, if the spaces are needed only to meet evening and weekend demand or as overflow on less than ten percent of the weekdays in a year, and will otherwise be available for daytime use by the general public.

4. Short-term parking for motion picture theaters may be increased by ten percent beyond the maximum requirement, if these additional spaces are not provided as surface parking, will not adversely impact pedestrian circulation and will reduce the potential for overflow parking impacts on surrounding streets.

B. Additional Parking Waivers on Major Pedestrian Streets.

1. When the amount of required parking has been determined pursuant to subsection A of this section, waivers are permitted, as follows:

a. Parking shall not be required for the first one hundred fifty (150) seats of all motion picture theatre uses and the first seven hundred fifty (750) square feet for all eating and drinking establishments.

b. Parking shall not be required for an additional two thousand five hundred (2,500) square feet to a maximum of five thousand (5,000) square feet for all other required street-level personal and household retail sales and service uses.

2. The Director may permit an additional parking waiver up to a maximum of four thousand (4,000) square feet for eating and drinking establishments as a special exception subject to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. The following factors shall be considered by the Director in making a determination whether to allow additional parking waivers for eating and drinking establishments:

a. Anticipated parking demand for the proposed use;

b. The extent to which an additional parking waiver is likely to create or add significantly to spillover parking in adjacent residential neighborhoods;

c. Whether land is available for parking without demolishing an existing commercial structure, displacing a commercial use, or rezoning land to a commercial designation;

d. The availability of shared or joint use parking within eight hundred feet (800') of the business establishment;

e. The Director may require that a transportation study be submitted for review by the Director;

f. The Director shall determine the content of the transportation study based on the following factors:

i. The size and type of the proposed use;

ii. The size of the requested parking waiver;

iii. Any anticipated impacts of an additional parking waiver.

3. Parking waivers permitted by this subsection shall apply to each street-level business establishment in a structure.

C. Shared Parking. Shared parking, as provided in Section 23.54.020 G, is permitted for two (2) or more uses to satisfy all or a portion of minimum off-street parking requirements in the Northgate Overlay District.

D. Owners shall provide parking for bicycles which is protected from the weather. Owners shall provide bicycle lockers for storage of commuter bicycles.

E. Payment in Lieu of On-site Long-term Parking.

1. In lieu of providing up to twenty percent (20%) of the long-term parking which is otherwise required, the Director may permit an owner to make a payment to a Northgate Parking Commission, if a commission is established by the City Council. The payment shall be used to build a public parking structure for long-term parking within the Northgate Core area. The payment and use thereof shall be consistent with RCW 82.02.020.

2. The amount of the payment shall be based on the construction cost of a parking space in a structured garage in the Northgate Core area, as determined by the Northgate Parking Commission.

3. The Director shall apply the following criteria in determining whether to approve a payment in lieu:

a. Spillover parking would not occur which would significantly impact nearby residential neighborhoods;

b. The parking demand proposed to be met by in-lieu payment will not exceed the capacity provided by the long-term parking structure.

4. If a public parking structure is not constructed within six (6) years of the date of issuance of a certificate of occupancy for a development which made a payment in lieu, the City may use the payments to help reduce vehicle trips in the area. If the owner can show that the long-term parking demand of the site has been reduced enough to eliminate the need for the waived spaces, the amount of payments shall be returned to the property owner.

F. Parking Location and Access.

1. Parking location and access are subject to the provisions of the underlying zone, except as modified by this subsection and Section 23.71.008.

2. The following provisions shall apply to all new parking provided, the reconfiguration of more than two hundred fifty (250) parking spaces, or the replacement of existing surface parking with structured parking. Existing nonconforming parking used to meet the parking requirement for newly developed space or new uses shall not be required to meet these standards.

a. The first two hundred (200) proposed parking spaces located on-site may be located in either a surface parking area, or within or under a structure. In addition, seventy-five percent (75%) of the spaces in excess of two hundred (200) shall be accommodated either below grade or above grade in structures. All parking in excess of two hundred (200) spaces may be located off-site within eight hundred feet (800') of the site except as provided in subsection E1 of this section. The Director may waive or modify this requirement if site size, shape, or topography makes it infeasible to construct an accessory parking structure.

b. The first two hundred (200) proposed surface parking spaces may be increased to three hundred fifty (350) spaces if 1) the surface parking area does not cover more than thirty-five percent (35%) of the total lot area, and 2) the on-site open space requirement, in excess of the minimum required landscaped open space provided for in Section 23.71.014, is provided as usable open space which is contiguous to other usable open space on the site.

c. For surface parking areas exceeding two hundred fifty (250) parking spaces, a ten foot (10') wide landscaped pedestrian walkway separating each of these parking areas and connecting to the building is required, or separation of parking areas exceeding two hundred fifty (250) spaces shall be provided by structures on-site. These landscaped pedestrian walkways may be counted towards open space requirements as provided in Section 23.71.014.

3. Surface parking areas shall be screened and landscaped according to the provisions of the underlying zone.

(Ord. 123649, § 50, 2011; Ord. 123046, § 53, 2009; Ord. 122311, § 88, 2006; Ord. 122244, §§ 1, 2, 2006; Ord. 117432 § 41, 1994; Ord. 116795 § 2(part), 1993.)

23.71.018 Transportation management program.

A. When substantial development is proposed which is expected to generate twenty-five (25) or more employee or student vehicle trips in any one (1) p.m. hour, the owner of the site upon which the substantial development is proposed shall prepare and implement a Transportation Management Program (TMP) consistent with requirements for TMPs in Director's Rule 14-2002.

1. For purposes of measuring attainment of single-occupant vehicle (SOV) goals contained in the TMP, the proportion of SOV trips shall be calculated for the p.m. hour in which an applicant expects the largest number of vehicle trips to be made by employees and students at the site (the p.m. peak hour of the generator). The proportion of SOV trips shall be calculated by dividing the total number of employees and students using an SOV to make a trip during the expected peak hour by the total number of employee and student person trips during the expected peak hour.

2. Compliance with this section does not supplant the responsibility of any employer to comply with Seattle's Commute Trip Reduction (CTR) Ordinance.

B. The owner of any site who proposes multifamily substantial development which is expected to generate fifty (50) or more vehicle trips in any one (1) p.m. hour shall prepare and implement a TMP. The TMP shall be consistent with requirements for TMPs in Director's Rule 14-2002. For purposes of measuring attainment of the SOV goal, the proportion of SOV trips shall be calculated for the p.m. hour in which an applicant expects the largest number of vehicle trips to be made by residents of the site (the p.m. peak hour of the generator). The proportion of SOV trips shall be calculated by dividing the total number of residential trips made by SOV during the expected peak hour by the total number of residential person trips.

C. Each owner subject to the requirements of this section shall prepare a TMP as described in rules promulgated by the Director, as part of the requirements for obtaining a master use permit.

D. The TMP shall be approved by the Director if, after consulting with Seattle Department of Transportation, the Director determines that the TMP measures are likely to achieve the SOV goals.

E. The owner of each property subject to this implementation guideline shall submit an annual progress report to the Director of Transportation, who will advise the Director of DPD on compliance. The progress report shall contain:

1. The number of full and part-time employees, students and/or residents at a site during the peak hour;

2. A summary of the total p.m. peak hour vehicle trips generated by the site, including employees, students and residents;

3. A description of any programs, incentives, or activities or other measures targeted to reduce vehicle trips, in which employees, students or residents at the site participate;

4. The number of people participating in the TMP measures;

5. The peak hour proportion of SOV trips of the employees, students, and/or residents.

F. Seattle Department of Transportation shall monitor compliance with the requirements of this section. If monitoring shows that the owner has not implemented the TMP measures or has not made sufficient progress toward achieving the TMP goals, the Director of Transportation may recommend that the Director:

1. Require modifications to the TMP program measures; and/or

2. Pursue enforcement action pursuant to the Land Use Code.

G. After approval of a TMP and issuance of a master use permit as prescribed in subsections C and D of this section, if the owner applies for a master use permit for additional development, before approving the new master use permit, the Director, after consulting with the Director of Transportation, shall review the implementation of the TMP. If substantial progress has not been made in achieving the goal for the proportion of SOV trips, the Director may:

1. Require the applicant to revise the TMP to include additional measures in order to achieve compliance with the TMP goal before the issuance of a permit; and/or

2. Require measures in addition to those in the TMP that encourage alternative means of transportation for the proposed new development; and/or

3. Deny the permit if the Director determines that the owner has failed to make a good-faith effort to implement the TMP; or

4. Determine that a revised or new program is not needed, and that the permit can be issued without changes to the existing TMP.

H. Compliance. To comply with this section, the owner of a site subject to the requirement for a TMP, must demonstrate that he or she has an approved TMP, has submitted the required annual reports, and has succeeded in accomplishing one (1) of the two (2) following objectives:

1. That the owner has implemented the measures contained in the TMP for the development project; and/or

2. That the owner has met the goal for SOV trips specified in subsection A of this section. Failure to comply with the provisions of this section is a violation of the Land Use Code. The penalty for each violation is Two Hundred Fifty Dollars ($250.00) per day.

I. A fund shall be established in the City's General Fund to receive revenue from fines for violations of this section. Revenue from fines shall be allocated to activities or incentives to reduce vehicle trips in the Northgate area. The Director of Transportation shall recommend to the Mayor and City Council how these funds should be allocated.

J. Seattle Department of Transportation and DPD shall prepare a Director's Rule explaining how each department shall implement this section.

(Ord. 122244, § 3, 2006; Ord. 121477 § 45, 2004; Ord. 121276 § 37, 2003; Ord. 118409 § 213, 1996: Ord. 117432 § 42, 1994; Ord. 116795 § 2(part), 1993.)

23.71.020 Development Agreements.

Development Agreements may be proposed for development within the Northgate Overlay District pursuant to RCW 36.70B. In determining whether to approve a Development Agreement, the City Council shall consider the extent to which the proposed development or redevelopment:

a. Contributes toward meeting the Northgate Urban Center housing targets;

b. Coordinates approaches to transportation planning and traffic analysis with surrounding properties and the City, with the goal of reducing use of single-occupant vehicles and reducing or minimizing pedestrian and vehicular conflicts and other potential negative traffic impacts on neighborhoods;

c. Proposes improvements to the street level environment and circulation for pedestrians, including coordination with area-wide pedestrian circulation and open space plans such as the 5th Avenue Streetscape Design Plan;

d. Includes natural drainage strategies such as those described in the Thornton Creek Five-Year Action Agenda and "Refining Our Choices" for Northgate; and

e. Incorporates sustainable design and green building practices in the proposed development.

(Ord. 121362 § 4, 2003; Ord. 116795 § 2(part), 1993.)

23.71.030 Development standards for transition areas within the Northgate Overlay District

A. To promote compatibility between different types and intensities of development located within and along the boundary of the Northgate Overlay District, a transition shall be provided between zones where different intensities of development may occur.

B. The requirements of this Section 23.71.030 apply to development on lots in the more intensive zones under the following conditions:

1. Where a lot zoned Lowrise 3, (LR3), Midrise (MR), Midrise/85 (MR/85) or Highrise (HR) abuts or is across a street or alley from a lot zoned Single-Family (SF), Lowrise 1 (LR1), or Lowrise 2 (LR2); and

2. Where a lot zoned Neighborhood Commercial 2 or 3 (NC2, NC3) with a height limit of 40 feet or greater abuts or is across a street or alley from a lot zoned Single-Family (SF), Lowrise 1 (LR1), or Lowrise 2 (LR2).

C. Side Setbacks Abutting or Across an Alley.

1. For multifamily structures an additional side setback of one (1) foot for each two (2) feet of a structure height above twenty (20) feet is required (Exhibit 23.71.032 A).

2. A side setback of ten (10) feet is required for all portions of a commercial or mixed use structure twenty (20) feet or less in height (Exhibit 23.71.032 B).

3. An additional side setback of ten (10) feet is required for all portions of a commercial or mixed use structure exceeding twenty (20) feet (Exhibit 23.71.032 B).

4. Side setbacks shall be landscaped within five (5) feet of the abutting property line, unless the setback is used for parking, in which case the parking area shall be screened as otherwise required by this code.

D. Rear Setbacks Abutting or Across an Alley.

1. For multifamily structures, a rear setback of twenty (20) feet is required or the minimum required by the standards of the underlying zone for multifamily structures, whichever is greater.

2. A rear setback of ten (10) feet is required for all portions of a commercial or mixed use structure twenty (20) feet or less in height (Exhibit 23.71.032 C).

3. An additional rear setback of ten (10) feet is required for all portions of a commercial or mixed use structure exceeding twenty (20) feet (Exhibit 23.71.032 C).

4. Rear setbacks shall be landscaped unless used for parking, in which case the parking area shall be screened and landscaped as otherwise required by this code.

E. Side or Rear Setbacks for Multifamily Structures Abutting a Street. A side or rear setback of eight (8) feet, or the minimum required for multifamily structures by the underlying zone, whichever is greater, is required for portions of a multifamily structure thirty (30) feet or less in height along all street rights-of-way less than eighty (80) feet wide across from the less intensive zone. Portions of a multifamily structure in excess of thirty (30) feet in height shall be set back an additional one (1) foot for each two (2) feet of structure height above thirty (30) feet (Exhibit 23.71.032D).

F. Front Setbacks for Multifamily Structures Abutting a Street. Where the front lot line of the more intensively zoned lot is across a street right-of-way which is less than eighty (80) feet wide from the less intensively zoned lot, the minimum front setback shall be ten (10) feet for all portions of a multifamily structure thirty (30) feet or less in height. For portions of a structure exceeding thirty (30) feet in height, an additional front setback of one (1) foot for every two (2) feet of structure height in excess of thirty (30) feet shall be required (Exhibit 23.71.032E).

G. Setbacks for Commercial or Mixed Use Structures Abutting a Street. No side or rear setback abutting a street is required for the portion of commercial or mixed use structures containing street level retail sales and service uses oriented towards the street. Where blank walls, parking or other nonretail sales and service uses occupy portions of the structure facing the street a five (5) foot setback shall be required and screened and landscaped as required by the underlying zone.

(Ord. 123495, § 73, 2011; Ord. 116795 § 2(part), 1993.)

{/PICK;23-71-032-1;37p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-71-032-1.tif;37p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\. {/PICK;23-71-032-2;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-71-032-2.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibits 23.71.032B, 23.71.032C\. {/PICK;23-71-032-3;full;comptd;page;cct;def;ff;no;1;0;0;no;0;cw;no;cct;def} {/GRAPH;23-71-032-3.tif;comptd;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;none;prior} {/CAPT;full;comptd;center;stack;0;0;cw;0;0;0;0}\mExhibits 23.71.032D, 23.71.032E\.

23.71.036 Maximum width and depth of structures

The maximum width and depth requirements of this section 23.71.036 shall apply only to portions of a structure within 50 feet of a lot line abutting, or directly across a street right-of-way that is less than 80 feet in width, from a less intensive residential zone as provided in Table A for 23.71.036.

The maximum width and depth requirements of this Section 23.71.036 shall apply only to portions of a structure within 50 feet of a lot line abutting, or directly across a street right-of-way that is less than 80 feet in width, from a less intensive residential zone as provided in Table A for 23.71.036.

Table A for 23.71.036: Structure Width and Depth Standards for Transition Areas
Subject LotAbutting Residential zone (or) zone across a street right-of-way less than 80 feet in widthMaximum WidthMaximum Depth LR3, MR, MR/85 and HRSingle-family, LR1 or LR2Apartments: 75 feet65% depth of lot with no individual structure to exceed 90 feet
Rowhouse and townhouse developments: 130 feet
NC2 and NC3 with 40 feet or greater height limitsSingle-family, LR1 or LR2Above a height of 30 feet, wall length shall not exceed 80% of the length of the abutting lot line, to a maximum of 60 feet.

(Ord. 123495, § 74, 2011; Ord. 116795 § 2(part), 1993.)

23.71.038 Definition of mixed-use development within the Northgate Overlay District.

"Mixed use development," for the purposes of this chapter, means development in a commercial zone containing both residential and nonresidential uses and that meets the requirements of Section 23.47A.008 B.

(Ord. 122311, § 89, 2006; Ord. 121828 § 12, 2005; Ord. 121362 § 9, 2003; Ord. 121196 § 27, 2003: Ord. 118414 § 54, 1996: Ord. 116795 § 2(part), 1993.)

23.71.040 Density limits for residential uses in commercial zones within the Northgate Overlay District.

A. Residential uses in commercial zones with a thirty (30) foot height limit may not exceed a density of one (1) dwelling unit for every eight hundred (800) square feet of lot area.

B. Residential uses in commercial zones with a forty (40) foot height limit may not exceed a density of one (1) dwelling unit for every six hundred (600) square feet of lot area.

C. There is no density limit for residential use in commercial zones with height limits of sixty-five (65) feet or greater.

D. Development meeting the requirements for mixed use as provided in Section 23.71.038 is allowed a twenty (20) percent increase in permitted density over the density permitted by subsections A and B of this section.

(Ord. 116795 § 2(part), 1993.)

23.71.042 Standards for commercial-only structures in Residential/Commercial zones within the Northgate Overlay District.

A. Commercial uses permitted in a mixed use structure in Residential/Commercial (RC) zones as provided in Section 23.46.012 are permitted outright in single-purpose commercial structures within the Northgate Overlay District.

B. Single-purpose commercial structures shall not exceed a size limit of .75 FAR or five thousand (5,000) square feet, whichever is less.

C. Single-purpose commercial structures in Residential/Commercial (RC) zones are subject to the development standards of Section 23.71.008 B4 and 23.71.008 F.

(Ord. 116795 § 2(part), 1993.)

23.71.044 Standards for residential uses in commercial zones within the Northgate Overlay District.

A. In C and NC zones with height limits less than eight-five (85) feet, residential uses, in aggregate, may exceed 20% of the street-level street-facing facade only as a special exception under the following conditions or criteria:

1. Either:

a. Due to location or parcel size, the proposed site is not suited for commercial development; or

b. There is substantial excess supply of land available for commercial use near the lot, as evidenced by conditions such as lack of commercial activity in existing commercial structures for a sustained period, commercial structures in disrepair, or vacant or underused commercially zoned land; and

2. The residential structure would not interrupt an established commercial street front. As used in this subsection, the phrase "established commercial street front" may include a street front intersected by streets or alleys, and some lots with no current commercial use.

B. When permitted, structures with residential uses exceeding 20% of the street-level street-facing facade are subject to the following development standards:

1. In all C and NC zones with a height limit of thirty (30) feet, the development standards for residential structures in Lowrise 3 zones, except that no front setback is required.

2. In all C and NC zones with a height limit of forty (40) feet, the development standards for residential structures in Lowrise 4 zones, except that no front setback is required.

3. In all C and NC zones with a height limit of sixty-five (65) feet, the development standards for residential structures in Midrise zones, except that no front setback is required.

C. In C and NC zones with a height limit of eighty-five (85) feet or greater, residential uses may occupy, in aggregate, more than 20% of the street-level street-facing facade.

(Ord. 122311, § 90, 2006; Ord. 121362 § 10, 2003; Ord. 116795 § 2(part), 1993.)

Chapter 23.72
SAND POINT OVERLAY DISTRICT

Sections:

Subchapter I Establishment of Overlay District

23.72.002 Purpose and intent.

23.72.004 Sand Point Overlay District established.

23.72.006 Application of regulations.

Subchapter II Use and Development Standards

23.72.008 Uses permitted in specified areas within the Sand Point Overlay District.

23.72.010 Development standards.

23.72.012 Parking location.

23.72.014 Nonconformity.

Subchapter I
Establishment of Overlay District

23.72.002 Purpose and intent.

The purpose of this chapter is to implement the Sand Point amendments to the Comprehensive Plan by regulating land use and development within the Sand Point Overlay District in order to integrate the property into the city of Seattle as a multi-purpose regional center that provides:

A. Expanded opportunity for recreation, education, arts, cultural and community activities;

B. Increased public access to the shoreline and enhanced open space and natural areas;

C. Opportunities for affordable housing and community and social services with a special priority for addressing the needs of homeless families;

D. Expanded opportunity for low-impact economic development uses which could provide employment and services for residents of the property and for the broader community.

(Ord. 118624 § 3(part), 1997.)

23.72.004 Sand Point Overlay District established.

There is hereby established pursuant to Chapter 23.59 of the Seattle Municipal Code, the Sand Point Overlay District, including three subareas : A, B, and C. Subarea A includes one area zoned Single Family 7200 (SF 7200), Subarea B includes one area zoned SF 7200, and Subarea C includes three areas zoned L R 3, as shown on the City's Official Land Use Map, Chapter 23.32, and Map A for 23.72.004. The Sand Point Overlay District includes the Naval Station Puget Sound Sand Point Historic District, shown on Map B for 23.72.004 which is eligible to be listed on the National Register of Historic Places.

(Ord. No. 123543, § 3, 2011; Ord. 122829, §§ 2, 3, 2008; Ord. 118794 § 44, 1997: Ord. 118624 § 3(part), 1997.)

{/PICK;23-72-004-A;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap A for 23.72.004 – Sand Point Overlay District {/GRAPH;23-72-004-A.tif;comptd;48p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

{/PICK;23-72-004-B;comptd;48p;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/CAPT;comptd;comptd;left;top;0;0;cw;0;0;0;0}\mMap B for 23.72.004 – Naval Station Puget Sound Sand Point Historic District {/GRAPH;23-72-004-B.tif;comptd;48p;center;stack;1p;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.72.006 Application of regulations.

All land located within the Sand Point Overlay District is subject to the regulations of the underlying zone unless specifically modified by the provisions of this chapter. In the event of irreconcilable differences between the provisions of the Sand Point Overlay District and the underlying zone, the provisions of this chapter shall apply. Portions of the Sand Point Overlay District that lie within the Shoreline District, regulated by the Seattle Shoreline Master Program (SSMP), Chapter 23.60, shall be governed by the provisions of the SSMP in addition to this chapter. In the event of a conflict the provisions of the SSMP shall prevail.

(Ord. 118624 § 3(part), 1997.)

Subchapter II
Use and Development Standards

23.72.008 Uses permitted in specified areas within the Sand Point Overlay District.

A. Within Subarea A depicted on Map A for 23.72.004, any area not occupied by structures in existence as of July 18, 1997, paved parking areas in existence as of July 18, 1997, or rights-of-way in existence as of July 18, 1997, is limited to open space uses such as parks and playgrounds.

B. Uses Permitted Within Portions of Subarea B depicted on Map A.

1. Principal Uses Permitted Outright. In addition to the principal uses permitted by the provisions of Section 23.44.006, the following principal uses are permitted outright in Subarea B as depicted on Map A for 23.72.004, subject to subsection B4:

a. Custom and craft work;

b. Dry boat storage, limited to storage of non-motorized, hand-launchable boats such as kayaks, canoes and sail boats;

c. Indoor and outdoor sports and recreation;

d. Institutions, except hospitals;

e. Lecture and meeting halls;

f. Motion picture theater not to exceed 500 seats within Building 47;

g. Offices, limited to a total of 86,000 gross square feet in the entire subarea;

h. Performing arts theaters;

i. Research and development laboratories;

j. Restaurants without drive-in lanes, limited to no more than 2,500 square feet per business establishment;

k. Storage of fleet vehicles including accessory service and repair;

l. Warehouses; and

m. General retail sales and service, up to 6,000 square feet per business establishment.

2. Accessory Uses. Accessory uses that meet the following standards and that are customarily incidental to the principal uses permitted outright, are permitted outright:

a. The area devoted to the accessory use is limited no more than 20 percent of the gross floor area of the principal use it serves;

b. Only principal uses permitted by this section and by the applicable provisions of Chapter 23.60 are allowed as accessory uses.

3. When not in use as a motion picture studio, a structure with an established use as a motion picture studio as of July 18, 1997 may be used for indoor and outdoor sports and recreation.

4. Any area not occupied by structures in existence as of July 18, 1997, paved parking areas in existence as of July 18, 1997, or rights-of-way in existence as of July 18, 1997, is limited to open space, dry boat storage or recreation uses.

C. Uses Permitted Within Subarea C depicted on Map A. In addition to the uses permitted outright in Section 23.45.004, the following principal uses are permitted outright in Subarea C as depicted on Map A for 23.72.004:

1. Food processing;

2. Horticulture;

3. Institutions, except hospitals;

4. Lecture and meeting halls;

5. Medical service uses, excluding animal health services, mortuary and funeral services; and

6. Offices, in structures in existence as of July 18, 1997.

(Ord. 122829, § 4, 2008; Ord. 122311, § 90, 2006; Ord. 121145 § 16, 2003; Ord. 118794 § 45, 1997: Ord. 118624 § 3(part), 1997.)

23.72.010 Development standards.

A. Within areas zoned single-family, changes of use within existing structures that are subject to SEPA requirements in Seattle Municipal Code Chapter 25.05 and new structures shall conform to the development standards for single-family development in Chapter 23.44, Residential Single-family, except as modified in subsections D– H of this section and except as provided in section 23.72.012.

B. Within areas zoned Lowrise 3, changes of use within existing structures that are subject to SEPA requirements in Seattle Municipal Code Chapter 25.05 and new structures shall conform to the development standards of Chapter 23.45 applicable to Lowrise 3 development, except as modified in subsections D– H of this section and except as provided in Section 23.72.012.

C. Density. A maximum of two hundred (200) dwelling units may be established within the boundaries of the Sand Point Overlay District. Residential uses provided by the University of Washington shall not count toward the maximum site density established in this subsection.

D. New structures. Demolition of existing structures and construction of new structures in the Sand Point Overlay District are permitted if in compliance with the following provisions and if consistent with the Sand Point Historic Properties Reuse and Protection Plan, dated April 1998, as documented by a letter from the State Historic Preservation Officer certifying that the proposal is consistent with the Plan:

1. Any new structure shall be located on and limited to the footprint of a structure that existed on the site as of July 18, 1997, except for:

a. an indoor and outdoor tennis center to be located within Subarea B as depicted on Map A for 23.72.004,

b. affordable housing structures to be located within L3 zoned portions of the overlay district, and

c. dry boat storage.

2. In determining the footprint of structures existing on July 18, 1997, interior courtyards enclosed by three or more building walls at least 10 feet in height may be included as part of the footprint.

3. Except for a proposed new tennis center in Subarea B, for which the height limit is 45 feet, and except for any new structure used for nonmotorized dry boat storage, for which the height limit is 15 feet, the height limit of a new structure is the greater of the height limit of the underlying zone or the height of the structure that existed on the same site as the new structure as of July 18, 1997.

E. Rooftop features on existing non-residential structures. Stair penthouses, elevator penthouses and mechanical equipment on non-residential structures in existence as of July 18, 1997 may extend up to the higher of 15 feet above the maximum height limit or 15 feet above the roof elevation existing as of July 18, 1997, so long as the combined total coverage of all rooftop features above the roof elevation does not exceed (1) 25 percent of the roof area, if the rooftop features do not include screened mechanical equipment, or (2) 30 percent of the roof area, if the combined features include screened mechanical equipment. The addition of rooftop features is permitted only if also consistent with the Sand Point Historic Properties Reuse and Protection Plan, dated April 1998, and the U.S. Secretary of the Interior's Standards for Rehabilitation, as evidenced by a letter of approval from the State Historic Preservation Officer.

F. Lighting. Changes of use within existing structures that are subject to SEPA requirements in Seattle Municipal Code Chapter 25.05 and all new structures shall comply with the following lighting standards:

1. Exterior lighting shall be shielded and directed away from adjacent uses.

2. Exterior lighting shall not exceed the height of the structure on which it is located or the height limit of the underlying zone in which it is located, whichever is less.

3. All exterior lighting features shall be consistent with the Sand Point Historic Properties Reuse and Protection Plan, dated April 1998, and the U.S. Secretary of the Interior's Standards for Rehabilitation, as evidenced by a letter of approval from the State Historic Preservation Officer.

G. Solid waste and recycling storage space. Changes of use within existing structures that are subject to SEPA requirements in Seattle Municipal Code Chapter 25.05 and all new structures shall provide storage space for solid waste containers in accordance with the following table:

Table A for 23.72.010 Solid Waste and Recyclable Materials Storage Space Standards
Structure sizeMinimum areaContainer type
0– 5,000 square feet82 square feetRear-loading
5,001– 15,000 square feet125 square feetRear-loading
15,001– 50,000 square feet175 square feetFront-loading
Over 50,000 square feet225 square feetFront-loading

1. The storage space shall comply with the following standards:

a. The storage space shall have no horizontal dimension (width and depth) less than 6 feet.

b. The floor of the storage space shall be level and hard-surfaced (garbage or recycling compactors require a concrete surface).

c. If located outdoors, the storage space shall be screened from public view and designed to minimize light and glare impacts.

d. The storage space shall be located adjacent to the structure it serves and, if located outdoors, it shall not be located between a street-facing facade of the structure and the street.

e. The storage space shall not be located in any required driveways, parking aisles, or parking spaces for the structure.

f. The storage space shall not block or impede any fire exits, any public rights-of-ways or any pedestrian or vehicular access.

g. The storage space shall be located to minimize noise and odor to building occupants and neighboring developments.

h. Access standards:

(1) For rear-loading containers:

(a) Any ramps to the storage space shall have a 6 percent slope or less, and

(b) Any gates or access routes shall be a minimum of 6 feet wide; and

(2) For front-loading containers:

(a) Direct access shall be provided from the alley or street to the containers,

(b) Any gates or access routes shall be a minimum of 10 feet wide, and

(c) If accessed directly by a collection vehicle into a structure, a 21-foot overhead clearance shall be provided.

2. The solid waste and recyclable materials storage space specifications required in subsection 1 shall be included on the plans submitted with the permit application in addition to the numbers and sizes of containers.

3. The Director, in consultation with the Director of Seattle Public Utilities, may grant departures from the requirements of subsection 1, as a Type I Master Use Permit decision, if the applicant proposes alternative workable measures that meet the intent of this subsection.

4. All solid waste and recyclable storage features shall be consistent with the Sand Point Historic Properties Reuse and Protection Plan, dated April 1998, and the U.S. Secretary of the Interior's Standards for Rehabilitation, as evidenced by a letter of approval from the State Historic Preservation Officer.

H. Landscaping. Changes of use within existing structures that are subject to SEPA requirements in Seattle Municipal Code Chapter 25.05 and all new structures shall comply with the following landscape standards:

1. Street trees along dedicated rights of way shall be provided pursuant to the requirements and exceptions in the underlying zone.

2. Landscaping of surface parking areas.

a. Surface parking areas shall be landscaped as follows:
Number of spacesRequired landscaped area
20 to 5018 square feet per parking space
51– 9925 square feet per parking space
100 or more35 square feet per parking space

b. Each landscaped area shall be no smaller than 100 square feet and shall be enclosed by permanent curbs or structural barriers.

c. No part of a landscaped area shall be less than 4 feet in any dimension except those parts created by turning radii or angles of parking spaces.

d. No parking space shall be more than 60 feet from a required landscaped area.

e. Landscaping that meets the dimension standards in this subsection may be provided in above-ground containers or similar planting areas.

3. Surface parking areas shall be screened from direct street view by a minimum of 3-foot high landscaped areas.

4. To provide pedestrian and vehicular access, breaks not to exceed the width of any required curbcuts or sight triangles are permitted in required landscaping.

5. All landscaping features shall be consistent with the Sand Point Historic Properties Reuse and Protection Plan, dated April 1998, and the U.S. Secretary of the Interior's Standards for Rehabilitation, as evidenced by a letter of approval from the State Historic Preservation Officer.

(Ord. 122829, § 5, 2008; Ord. 118794 § 46, 1997; Ord. 118624 § 3(part), 1997.)

23.72.012 Parking location.

Required parking may be provided anywhere within the Sand Point Overlay District, including public rights-of-way.

(Ord. 118624 § 3(part), 1997.)

23.72.014 Nonconformity.

The provisions of Chapter 23.42 pertaining to nonconformity apply except that further subdivision of property may be permitted by the Director even if nonconformity would be created with respect to a structure's relationship to lot lines or lot area. This provision shall only apply to structures in existence on the effective date of this chapter.

(Ord. 120293 § 10, 2001: Ord. 118624 § 3(part), 1997.)

Chapter 23.73
PIKE/PINE CONSERVATION OVERLAY DISTRICT*

------------

Editor's note: The title of Ch. 23.73 was amended by Ord. 123020, § 2, 2009.

------------

Sections:

Subchapter I Establishment of Overlay District

23.73.002 Purpose and intent

23.73.004 Pike/Pine Conservation Overlay District established

23.73.006 Application of regulations

Subchapter II Use and Development Standards

23.73.008 Uses at street level

23.73.009 Floor area ratio

23.73.010 Development standards

Subchapter I
Establishment of Overlay District

23.73.002 Purpose and intent

The purpose of this chapter is to implement Resolution 28657, calling for development of the Pike/Pine Overlay District in order to preserve and enhance the balance of residential and commercial uses, by encouraging residential development and discouraging large, single-purpose commercial development. In addition, a purpose of this chapter is to promote the conservation of Pike/Pine's existing historic character by limiting new development to a scale that is compatible with the established development pattern, accommodating arts facilities and small businesses at street level, and encouraging the retention of the existing structures and their architectural features that establish the District's architectural character; generally, those structures that have been in existence for 75 years or more ("character structures") and are related to the area's early history as Seattle's original "auto row".

(Ord. 123020, § 3, 2009; Ord. 117514 § 3 (part), 1995.)

23.73.004 Pike/Pine Conservation Overlay District established

There is hereby established pursuant to Chapter 23.59 of the Seattle Municipal Code, the Pike/Pine Conservation Overlay District as shown on the Official Land Use Map, Chapter 23.32, and Map A for 23.73.004 Pike/Pine Conservation Overlay District.

(Ord. 123020, § 4, 2009; Ord. 120004 § 5, 2000: Ord. 118414 § 55, 1996: Ord. 117514 § 3 (part), 1995.)

{/PICK;23-73-004;38p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-73-004.tif;38p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.73.006 Application of regulations

Land that is located within the Pike/Pine Overlay District, as shown on Map A for 23.73.004, is subject to the regulations of the underlying zones unless specifically modified by the provisions of this chapter. In the event of a conflict between the provisions of this chapter and the underlying zone, the provisions of this chapter apply. In the event of a conflict between the provisions of this chapter and Chapter 23.69, Major Institution Overlay District, the provisions of Chapter 23.69 apply.

(Ord. 123020, § 5, 2009; Ord. 117514 § 3 (part), 1995.)

Subchapter II
Use and Development Standards

23.73.008 Uses at street level

A. Street-level uses on principal pedestrian streets. Along designated principal pedestrian streets shown on Map A for 23.73.008, provisions for street-level uses are established in chapter 23.47A, except as modified by this section.

B. Space for small commercial uses at street level. All new structures that include more than 5,000 square feet of commercial uses at street level, excluding the floor area of performing arts theaters, arts facilities, and parking and access, shall include commercial space(s) at street level for small, individual business establishments that average 2,000 square feet or less in size, according to Table A for 23.73.008.
Table A for 23.73.008 Commercial space for small business establishments
Total amount of square feet in commercial use at street levelNumber of required commercial spaces for individual business establishments averaging 2,000 square feet or less in size
Up to 5,000 square feet0
More than 5,000 square feet, up to 8,000 square feet1
More than 8,000 square feet, up to 12,000 square feet2
More than 12,000 square feet, up to 16,000 square feet3
More than 16,000 square feet4, plus one additional space for each additional 4,000 square feet above 16,000 square feet, up to a maximum of 8

 

This commercial space requirement applies to the total size of a business establishment, except that if a business establishment includes more than one principal use, each principal use within the business establishment may qualify as a small business establishment.

C. The length of street frontage permitted for an individual business at street level within a new structure on Pike, East Pike, Pine, and East Pine Streets is limited to 50 feet. Portions of a business that are separated from the street by another business or a different use that provides separate pedestrian access to the street are not limited in width.

(Ord. 123020, § 6, 2009; Ord. 122311, § 92, 2006; Ord. 121476 § 16, 2004; Ord. 120004 § 6, 2000; Ord. 118414 § 56, 1996; Ord. 117514 § 3 (part), 1995.)

{/PICK;23-73-008;37p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-73-008.tif;37p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.73.009 Floor area ratio

A. The floor area ratio (FAR) limits of the underlying zones for residential use apply to all structures and lots within the boundaries of the Pike/Pine Conservation Overlay District.

B. The gross floor area of non-residential use is limited to a maximum of 2 FAR, except for the following:

1. For all structures greater than 30 feet in height, the gross floor area in non-residential use is limited to the lesser of 50 percent of the total gross floor area of all structures on a lot, or 2 FAR.

2. For development on a lot that meets all of the following conditions, the only limit on the gross floor area in non-residential uses shall be the FAR limit established by the underlying zoning for non-residential uses:

a. The lot is 18,000 square feet in area or less;

b. The lot abuts a street that is a boundary of the Pike/Pine Conservation Overlay District; and

c. The lot is across a street from a lot that is:

1) zoned NC3 65 or NC3P 65;

2) located outside the Pike/Pine Conservation Overlay District; and

3) is not located within a Major Institution Overlay Zone.

C. In addition to the floor area exempt under the provisions of the underlying zone, the following floor area is exempt from the calculation of gross floor area subject to an FAR limit and from the limit on nonresidential use in 23.73.009.B:

1. Non-residential use located in a character structure, provided that the non-residential use does not displace an existing residential use.

2. New non-residential floor area added to a character structure, provided that the added floor area does not exceed the equivalent of 0.5 FAR, as calculated on the lot occupied by the character structure at the time it was built.

3. Street level commercial uses complying with the standards of 23.47A.008 and 23.73.008.B.

4. Floor area used for the creation, display, performance or screening of art for members of the general public and floor area used by an arts facility.

5. All floor area in residential use in a development that meets the provisions of 23.73.010.C, provided that development of the lot does not require the removal of a character structure identified on Table A for 23.73.010.

6. In areas where the underlying zoning is NC3P/65, all floor area in residential use on a lot that is 8,000 square feet or less in area and has been either vacant or in parking use as of February 27, 1995.

(Ord. 123020, § 7, 2009)

23.73.010 Development standards

A. Floor size limit.

1. On lots greater than 15,000 square feet in size, the maximum gross floor area of any single story above 35 feet in height is 15,000 square feet. The floor size limit shall not apply to non-residential uses in a structure developed on a lot pursuant to subsection 23.73.009.B.2.

2. On a lot with more than one structure that exceeds 35 feet in height, or more than one portion of the same structure exceeds 35 feet in height, the floor size limit shall apply to each portion above 35 feet in height. A minimum separation of 40 feet is required at all points between separate portions of a structure above 35 feet in height on the same lot, except that separation between a new structure and an existing structure located on the same lot is not required. Where the separation between portions of a structure above 35 feet in height is less than 40 feet, the floor area of each story in the separated portions of the structure shall be combined to determine the floor area subject to the floor size limit.

3. Internal connections above 35 feet in height between new portions of a structure on the same lot and between separate structures on abutting lots are not permitted, unless the structure on the abutting lot is a character structure.

4. For a project that retains the whole of a character structure on the lot, any floor area above 35 feet in height within the character structure, whether connected to a new structure or not, is not included in the calculation of the floor area subject to the limit on floor size.

B. Exceptions to floor size limit. For a structure with a minimum of 50 percent of the total gross floor area in residential use, the Director may permit, as a Type I decision, an increase in the floor size limit to allow additional development flexibility to promote neighborhood conservation objectives and design that minimizes the overall appearance of the project's bulk, provided that no increase in floor size is permitted for a project that will result in the demolition of a character structure. On a lot with an area of 30,000 square feet or less, not counting any area occupied by a character structure, the limit on floor size above 35 feet in height may be increased by 15 percent if one or more of the following conditions apply:

1. Conditions in the vicinity of the lot minimize the impact of additional development bulk on the existing character of the area. Such conditions include locations on the edges of the Pike/Pine Conservation Overlay District where development on large lots already exists, or where irregularities in the street grid have created small blocks or a single lot surrounded on all sides by streets; or

2. The proposed new project includes features that offset the perceived scale of development, such as a landscaped courtyard that is visible from the sidewalk and located primarily at street level on a street that is not a principal pedestrian street; or

3. The increase in floor size is for a mixed use project that includes uses contributing to the area's recognized character as an arts district, including performing arts space and artist live/work space, which typically have design requirements, such as non-standard floor to ceiling heights, that reduce the total amount of usable floor area in a structure; or

4. The additional floor area will facilitate development of housing that is affordable to and occupied by "income-eligible households," as defined in Section 23.58A.004, for a minimum of 50 percent of the total gross floor area of the project and is subject to covenants ensuring that the housing remains available to these households for a minimum of 50 years.

C. Retaining character structures on a lot. A 25 percent increase in the floor size limit above 35 feet in height is permitted for projects that incorporate a character structure on the same lot, either as a whole structure or as a portion of a structure, pursuant to the following provisions.

1. No increase in floor size is permitted under the provisions of this subsection for a project that will result in the demolition of a designated Seattle Landmark or a character structure identified on Table A for 23.73.010.

2. For a project that incorporates portions of a character structure, the following conditions shall be met:

a. All street facing facades of the character structure are retained;

b. All portions of the new structure above the height of the street facing facades of the character structure are set back a minimum of 15 feet from all street property lines that abut the character structure; and

c. The original floor-to-ceiling height of the ground story is maintained.

3. Any floor area in a new portion of the structure above 35 feet in height that is within the area of the original footprint of the character structure and is separated from the street along all street frontages by the original facades of the character structure is not included in the calculation of the floor area subject to the floor size limit.

4. A project that is granted an increase in floor size under the provisions of this subsection 23.73.010.C shall maintain the character structure, or portions of the character structure, both interior and exterior, in good condition and repair and in a manner that preserves unique features and characteristics for the life of the project. Any increase in floor size permitted pursuant to this Section 23.73.010.C shall not be combined with any increase in floor size permitted pursuant to Section 23.73.010.B.

Table A for 23.73.010 Identified Character Structures1
AddressHistoric NameCommon Name
1519 12th AvenueOverland Pacific BuildingPolice Department East Precinct
300 E. Pine StreetButterworth MortuaryButterworth Mortuary
1501 BroadwayBroadway State BankTully's
1205 E. Pine StreetMcAlpin-Schreiner CompanyFoley Sign Company
1021 E. Pine StreetColyear Motor Sales CompanyREI/Velo Bike
901-911 E. Pike StreetTyson Oldsmobile CompanyFrame Central
1217-1221 E. Pike StreetS. L. SavidgeElysian Brewery
915-919 E. Pike StreetGraham Motor CarsShambhala Center of Seattle
1525 11th AvenueBocker BuildingREI/Value Village
1400 12th AvenueBekins Moving and StorageTrace Lofts
1201-1205 E. Pike StreetStandard Brands1205 E. Pike Building
1519-1521 BroadwayEldridge Tire CompanyBroadway Café
1120-1124 E. Pike StreetPackard SeattleUtrecht Art Supplies
953 E. Union StreetOtto's Radiator ServiceThe Finer Details
301-309 E. Pine StreetMelrose BuildingMelrose Building
311-321 E. Pine StreetTimken Roller BearingLe Frock
721-725 E. Pine StreetFlick and RashBill's Off Broadway
1600 BroadwayBoone and Company PontiacAEI Music
1511 Boylston AvenueGlencoe ApartmentsGlencoe Apartments
1633 Melrose AvenueSherwood ApartmentsSherwood Apartments
1631 Belmont AvenueConrad ApartmentsConrad Apartments
401 E. Pine StreetCarr Brothers Auto RepairGeneral Petroleum Museum
1520 Melrose AvenueMelrose ApartmentsMelrose Apartments
1351 Olive WayUnknownFillipi's Old Books and Records
1611 Boylston AvenueUniversal Repair ShopUniversal Repair Shop
1001 E. Pike StreetUnknownArensberg/La Puerta
1134 BroadwayUnknownVacant
1400 BroadwayJohnson & Hamilton MortuaryGilda's Club of Seattle
1426 BroadwayUnknownRutherford's Auto Rebuild
1158 BroadwayUnknownComplete Automotive
1414 BroadwayWestern Auto WreckingAker's
1612 BroadwayUnknownAEI Music
400 E. Pine StreetHirsch Cycle Co.Lighting Design Lab and 4 others
501 E. Pine StreetUnknownBell Occhio 7 and 3 others
610 E. Pine StreetUnknownCapitol Loans and 4 others
619 E. Pine StreetPaige BuildingR Place
801-805 E. Pine StreetMasonic TempleEgyptian Theater and SCCC
911-919 E. Pine StreetOdd Fellows TempleOdd Fellows Temple
909 E. Pine StreetUnknownIn 2 Services
1101 E. Pine StreetS-E Co.2nd Base and 1 other
1315-1323 E. Pine StreetChester ApartmentsCapital Grocery and 2 others
1100-1106 E. Union StreetUnknownUnion Art Co-op
1015-1021 E. Pike StreetLorraine Court ApartmentsWildrose and 2 others
300 E. Pike StreetGallagher's Fine CarsSix Arms
1415-1423 10th AvenueUnkownCrescent Down works and 4 others
1101-1103 E. Pike StreetLiebeck GarageAria and 7 others
1011-1013 E. Pike StreetUnknownChrissa's Window Bar and 1 other
1319 E. Madison StreetTalbot BuildingCallahan's Auto Rebuild

 

1 Source of Table A for 23.73.010: The Department of Neighborhoods November 2002 Historic Resources Survey, structures categorized as "Yes - Inventory" or "Yes - Hold".

D. Maximum structure width.

1. For each block face abutting Pike, East Pike, Pine, or East Pine Streets, the maximum width of all portions of a structure measured along the street property line is 1/2 the total width of all lots on the block face.

2. The limit on width shall not apply to the following:

a. Portions of a new structure separated from the street property line by another lot or another structure located on the same lot, provided that abutting structures are not connected internally, either above or below grade, unless the abutting structure is a character structure;

b. Development on lots on blocks abutting Crawford Place, because of the narrow block width; and

c. Portions of a new structure separated from the street property line by a character structure, or the remaining portions of a character structure included in a project pursuant to the provisions of 23.73.010.C.

E. Height Exception for Mixed Use Structures. In zones with a 65 foot height limit, the Director may permit the height of a mixed use structure to exceed the height limit of the zone by up to 4 feet, only if the residential use and either the nonresidential use or the live-work units are located in the same structure and subject to the following:

1. The nonresidential use or live-work unit located at street level requires a floor to ceiling height that exceeds 13 feet floor to ceiling to support business operations; and

2. The additional height will not permit an additional story to be built beyond what could be built under a 65 foot height limit if a floor to ceiling height of more than 13 feet were not needed to support street-level nonresidential uses.

3. The transparency requirements for street-facing façades in 23.47A.008.A.2 shall apply to the portion of the street-facing façade between 2 feet and 12 feet above the sidewalk. Only clear or lightly tinted glass shall be considered transparent.

F. Height exception for lots that include a character structure. In zones with a mapped height limit of 65 feet, or with a 40 foot mapped height limit with provisions allowing for additional height up to 65 feet pursuant to subsection 23.47A.012.A, the Director may permit the height of a structure to exceed the height limit of the zone by 10 feet, subject to the following:

1. The lot includes a character structure, or significant portion of a character structure;

2. For a project that incorporates a character structure, the following conditions shall be met:

a. All street facing facades of the character structure are retained;

b. All portions of the new structure above the height of the street facing facades of the character structure are set back a minimum of 15 feet from all street property lines that abut the character structure; and

c. The original floor to ceiling height of the ground story is maintained.

3. The additional floor area above the height of 65 feet is occupied solely by residential use; and

The project will not result in the demolition of a designated landmark or of a character structure that is identified on Table A for 23.73.010, except as allowed to include a portion of a character structure in the new development pursuant to subsection 23.73.010.C.

G. Residential Amenity Space.

1. Residential Amenity space is not required for structures existing as of April 1, 2000, that are repaired, renovated or structurally altered to the extent permitted by the development standards of the Land Use Code, provided that street facing facades are retained and 50 percent or more of the gross floor area is retained.

2. Residential Amenity space is not required for new construction, when affordable housing that meets the following criteria is provided by a nonprofit organization:

a. At least 40 percent of the units are rented to households at annual rents not exceeding 30 percent of 60 percent of the median income; and

b. Applicants demonstrate compliance with these income criteria for the life of the building.

3. Existing residential uses that meet the residential amenity requirements of Section 23.47A.024, Residential amenity standards, may eliminate residential amenity space, provided they comply with the requirements of Section 23.73.010G.2.

H. Location of parking. Parking provided as accessory parking for any permitted use may be located on the lot, or built into or under the structure, or located on a lot other than the lot on which the use is located, except that parking is not permitted on a lot other than the lot on which the use is located if providing the parking would result in the partial or total demolition of a character structure.

(Ord. 123392, § 5, 2010; Ord. 123020, § 8, 2009; Ord. 122311, § 93, 2006; Ord. 121196 § 28, 2003; Ord. 120004 § 7, 2000.)

Chapter 23.74
STADIUM TRANSITION AREA OVERLAY DISTRICT

Sections:

Subchapter I Establishment of Overlay District

23.74.002 Purpose, intent and description of the overlay district-Rezone requirement-Rezone criteria.

23.74.004 Stadium Transition Area Overlay District established

23.74.006 Application of Regulations.

Subchapter II Uses and Development Standards

23.74.008 Uses.

23.74.009 Height.

23.74.010 Development standards

Subchapter I
Establishment of Overlay District

23.74.002 Purpose, intent and description of the overlay district– Rezone requirement– Rezone criteria.

A. Purpose and Intent. The purpose of this chapter is to implement the City's Comprehensive Plan, including the neighborhood plan for the Greater Duwamish Manufacturing/Industrial Center, by establishing a Stadium Transition Area Overlay District for the area shown on Exhibit 23.74.004 A. The Stadium Transition Area centers on large sports facilities and allows uses complementary to them. It is intended to contribute to a safer pedestrian environment for those attending events and permits a mix of uses, supporting the pedestrian-oriented character of the area as well as the surrounding industrial zone, while minimizing conflicts with industrial uses. Within the overlay district, use provisions and development standards are designed to create a pedestrian connection with downtown; discourage encroachment on nearby industrial uses to the south; and create a pedestrian-friendly streetscape. Allowing a mix of uses, including office development, is intended to encourage redevelopment and to maintain the health and vibrancy of the area during times when the sports facilities are not in operation.

B. Relationship to Surrounding Activity of Areas Located Within the District. The District is an area where stadiums and similar major, regional attractions are located, in which transportation and other infrastructure can support additional development. It is an area surrounded by land with widely varying development patterns and land use characteristics including the mixed use urban development of south Downtown, Pioneer Square, the working waterfront, and the industrial area. The desired relationship of the Stadium Transition Area is with Pioneer Square and First Avenue, permitting strong pedestrian and transit links to the north. There should be well-defined edges between the pedestrian activity of the Stadium Transition Area and industrial activity surrounding it. The portion of Fourth Avenue South that is north of Royal Brougham and the main line railroad tracks create a strong edge to the east and should be the eastern boundary. South Holgate Street, the first major cross street to the south of Safeco Field, should be the southern boundary. Boundaries should not be shifted farther into the industrial area.

C. Rezones resulting in Boundary Changes to the Stadium Transition Overlay Area District. A rezone pursuant to Chapter 23.34 shall be required to change the established boundaries of the Stadium Transition Area Overlay District. A rezone shall be subject to the provisions of Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions. Areas to be included within the District boundaries shall be compatible with the purpose and intent as stated in this section, and shall either be areas developed as major spectator sports facilities, or areas that meet the criteria for Industrial Commercial zoning and are along preferred pedestrian routes that can provide safe and attractive passage for pedestrians between the stadiums and retail areas and transit service.

(Ord. 119972 § 10 (part), 2000.)

23.74.004 Stadium Transition Area Overlay District established

There is established pursuant to Chapter 23.59 of the Seattle Municipal Code, the Stadium Transition Area Overlay District as shown on Map A of 23.74.004.

(Ord. 123046, § 54, 2009; Ord. 119972, § 10, 2000.)

{/PICK;23-74-004;36p;comptd;block;cct;def;fs;no;1;0;0;no;0;cw;no;def;def} {/GRAPH;23-74-004.tif;36p;comptd;center;top;0;0;cw;normal;0;0;0;edge;edge;best;prior}\.

23.74.006 Application of Regulations.

Land located within the Stadium Transition Area Overlay District, as shown on Exhibit 23.74.004 A, is subject to the regulations of the underlying zone except as otherwise expressly provided in this chapter. In the event of a conflict between the provisions of this chapter and the underlying zone, the provisions of this chapter apply. Where the provisions of the underlying zone are more restrictive, that is not considered a conflict and compliance with the provisions of the underlying zone is required, except as specifically provided in this chapter. Where the provisions of this chapter are more restrictive, compliance with those provisions is required, subject to any departures that may be authorized pursuant to design review under Section 23.41.012 and to provisions for nonconforming uses and structures in Sections 23.50.008 and 23.50.010.

(Ord. 119972 § 10 (part), 2000.)

Subchapter II
Uses and Development Standards

23.74.008 Uses.

Notwithstanding the use provisions of the underlying zone, the following use provisions apply:

A. The following uses are permitted outright:

1. Medical services;

2. Museums;

3. Community clubs or centers;

4. Private clubs; and

5. Religious facilities.

B. The following uses are permitted in buildings existing on September 1, 1999:

1. Artist's studio/dwellings;

2. Major institutions.

C. The following uses are prohibited:

1. Heavy manufacturing uses;

2. High-impact uses;

3. Solid waste management;

4. Recycling uses;

5. Animal shelters and kennels;

6. Veterinary offices;

7. Pet grooming;

8. Airports, land and water based;

9. Hospitals;

10. Elementary and secondary schools;

11. Drive-in businesses, except gas stations;

12. Bus bases;

13. Principal use parking1;

14. Lodging uses; and

15. Colleges2.

1. Parking required for a spectator sports facility or exhibition hall is allowed and shall be permitted to be used for general parking purposes or shared with another such facility to meet its required parking. A spectator sports facility or exhibition hall within the Stadium Transition Overlay Area District may reserve nonrequired parking only outside the overlay district and only if:

(a) The parking is owned and operated by the owner of the spectator sports facility or exhibition hall; and

(b) The parking is reserved for events in the spectator sports facility or exhibition hall; and

(c) The reserved parking is south of South Royal Brougham Way, west of 6th Avenue South and north of South Atlantic Street. Parking that is provided to meet required parking will not be considered reserved parking.

2. Training facilities for industrial trades operated by colleges and universities are permitted.

(Ord. 122311, § 94, 2006; Ord. 119972 § 10 (part), 2000.)

23.74.009 Height.

A. Within the Stadium Transition Area Overlay District, maximum height limits of the underlying zone are not applicable to spectator sports facilities.

B. Parking garages accessory to spectator sports facilities north of South Royal Brougham Way may exceed the height limit if all the conditions in this subsection B are satisfied.

1. A Master Use Permit ("MUP") decision to permit the parking garage was issued before June 12, 2000.

2. Any height above the maximum height permitted by such MUP decision is allowed by the Director pursuant to applicable provisions of this title for modification of such decision.

3. The total height of the parking garage does not exceed 130 feet. If additional height is granted as described in subsection B2 above, exemptions for rooftop features from height limits of the underlying zone shall apply only to the extent the Director determines such features and exemptions are necessary to the operation of the structure.

4. All floor area above the maximum height allowed by such MUP decision is used as parking required for the spectator sports facility, or for storage or meeting space accessory to the spectator sports facility or exhibition hall.

(Ord. 119972 § 10 (part), 2000.)

23.74.010 Development standards

A. Within the Stadium Transition Area Overlay District, the following development standards apply to all uses and structures except for spectator sports facilities:

1. Accessory Parking and Outdoor Storage.

a. Accessory parking or outdoor storage on any lot to the side of a structure on that lot shall not exceed sixty (60) feet of street frontage along 1st Avenue South or along Occidental Avenue South, and may not be located within the first forty (40) feet from any intersection described in Section 23.74.010 C. Parking shall be screened in accordance with screening standards for Class II Pedestrian Streets in downtown zones.

b. The maximum parking ratio is one (1) space per six hundred fifty (650) square feet of gross floor area of all uses for which required parking is expressed in terms of square footage, except for institutions for which minimum parking requirements apply, and except for parking accessory to a spectator sports facility or exhibition hall. Nonrequired parking accessory to a spectator sports facility or exhibition hall is not permitted in the overlay district.

2. Curb cuts. Curb cuts are limited to three (3) per block from along north-south streets and Railroad Way South within the area described in subsection C of this section. No curb cuts are allowed within the first forty (40) feet from any intersection described in subsection C of this section. On east-west streets outside the area described in subsection C of this section, curb cuts are limited to two (2) per block front. On east-west streets, additional curb cuts may be allowed if no other access is possible, including in the forty (40) feet from intersections described in subsection C of this section.

B. For the areas marked on Map A for 23.74.010, the following development standards and provisions apply to all uses and structures except for spectator sports facilities:

1. Floor Area Ratio (FAR). The maximum FAR for all uses is 3.0. FAR limits of the underlying zone do not apply, but limits in subsection 23.50.027.A.1 on gross floor area of certain uses, including limits based on lot area, do apply.

2. Exemptions. The first 75,000 square feet of street-level general sales and service, medical services, animal shelters or kennels, automotive sales and services, marine sales and services, eating and drinking establishments, or lodging uses on any lot are exempt from the maximum FAR limit. Exemptions in subsection 23.50.028.E also apply.

C. The following development standards apply to each use and structure, except spectator sports facilities, to the extent that the use or structure either is on a lot fronting on Railroad Way South, First Avenue South, South Holgate between First Avenue South and Occidental Avenue South, or Occidental Avenue South, or is within a 40 foot radius measured from any of the block corners of First Avenue South or Occidental Avenue South intersecting with the following streets: Railroad Way South, South Royal Brougham, South Atlantic, South Massachusetts, South Holgate and any other streets intersecting with First Avenue or Occidental Avenue South that may be established between South Holgate Street and Railroad Way South, as depicted in Map A for 23.74.010. Railroad Way South, First Avenue South, South Holgate Street and Occidental Avenue South within the Stadium Transition Area Overlay District, and all street areas within a 40 foot radius of any of those block corners described above, are referred to in this Section 23.74.010 as the "pedestrian environment," except that in applying this Section 23.74.010 to a through lot abutting on Occidental Avenue South and on First Avenue South, Occidental Avenue South is not considered part of the pedestrian environment.

1. Street Facade Requirements. The following requirements apply to facades or portions thereof facing streets or portions of streets in the pedestrian environment:

a. Minimum Facade Height. Minimum facade height is 25 feet, but minimum facade heights do not apply if all portions of the structure are lower than the elevation of the required minimum facade height.

b. Facade Setback Limits.

1) Within the first 25 feet of height measured from sidewalk grade, all building facades must be built to within 2 feet of the street property line for the entire facade length. For purposes of this subsection 23.74.010.C.1.b, balcony railings and other nonstructural features or nonstructural walls are not considered parts of the facade of the structure.

2) Above 25 feet measured from sidewalk grade, the maximum setback is 10 feet, and no single setback area that is deeper than 2 feet shall be wider than 20 feet, measured parallel to the street property line.

3) The facade shall return to within 2 feet of the street property line for a minimum of 10 feet, measured parallel to the street property line, between any two setback areas that are deeper than 2 feet.

2. Outdoor Service Areas. Gas station pumps, service islands, queuing lanes, and other service areas related to fueling are not allowed between any structure and the pedestrian environment area described in this Section 23.74.010. Gas station pumps, service islands, queuing lanes, and other service areas related to fueling must be located behind or to the side of a gas station, as viewed from any street in such pedestrian environment and are not allowed between any structure on the same lot and the pedestrian environment area described in this Section 23.74.010.

3. Screening and Landscaping. The requirements of Sections 23.50.016, 23.50.034, and 23.50.038, including requirements contingent on location near a commercial zone, apply to all new uses and structures. Requirements in Section 23.50.038 contingent on location near a residential lot do not apply. In addition, the screening and landscaping requirements for outdoor storage in subsection 23.47A.016.D.2 apply, with respect to street lot lines abutting the pedestrian environment, to the following uses, where a principal or accessory use is located outdoors: outdoor storage (except for outdoor storage associated with florists and horticultural uses), sales and rental of motorized vehicles, towing services, sales and rental of large boats, dry boat storage, heavy commercial sales except fuel sales, heavy commercial services, outdoor sports and recreation, wholesale showrooms, mini-warehouse, warehouse, transportation facilities except rail transit facilities, utilities (except for utility service uses), and light and general manufacturing.

4. Blank Facades and Transparency Requirements. In addition to the blank facade requirements of subsection 23.50.038.B, the blank façade limits and transparency and street tree requirements of subsections 23.49.056.C, D, and E, and the screening of parking requirements of subsection 23.49.019.B apply to facades or portions thereof facing streets in the pedestrian environment, except that requirements for Class I Pedestrian Streets and designated green streets do not apply.

5. Principal Pedestrian Entrances. A principal pedestrian entrance to a structure having a facade along Railroad Way South, First Avenue South, or Occidental Avenue South shall be located on Railroad Way South, First Avenue South, or Occidental Avenue South, respectively. If the structure has facades along both First Avenue South and Occidental Avenue South, a principal pedestrian entrance is required only on First Avenue South.

(Ord. 123589, § 96, 2011; Ord. 123266, § 2, 2010; Ord. 123046, § 55, 2009; Ord. 122935, § 17, 2009; Ord. 122311, § 95, 2006; Ord. 122054 § 78, 2006; Ord. 119972 § 10 (part), 2000.)

Added so web product works correctly.