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.
| Zones | Abbreviated |
| Residential, Single-family 9,600 | SF 9600 |
| Residential, Single-family 7,200 | SF 7200 |
| Residential, Single-family 5,000 | SF 5000 |
| Residential Small Lot | RSL |
| Residential, Multifamily, Lowrise 1 | LR1 |
| Residential, Multifamily, Lowrise 2 | LR2 |
| Residential, Multifamily, Lowrise 3 | LR3 |
| Residential, Multifamily, Midrise | MR |
| Residential, Multifamily, Highrise | HR |
| Residential-Commercial | RC |
| Neighborhood Commercial 1 | NC1 |
| Neighborhood Commercial 2 | NC2 |
| Neighborhood Commercial 3 | NC3 |
| Seattle Mixed | SM |
| Commercial 1 | C1 |
| Commercial 2 | C2 |
| 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 |
| Pike Market Mixed | PMM |
| General Industrial 1 | IG1 |
| General Industrial 2 | IG2 |
| Industrial Buffer | IB |
| Industrial Commercial | IC |
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 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 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 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 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
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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 Chapter 23.40 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 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: 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 DRC, DMR, DH1 or DH2 Zones, or PMM zone outside the Pike Market Historical District 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
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 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 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 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 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: 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: 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.
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{/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.
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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}
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Subchapter II ------------
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 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 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 Exhibit A for 23.44.041: Explanation of Terms for Shed and Butterfly Roofs for Detached Accessory Dwelling Units.
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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.)
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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.
LAND USE MAPS1
AMENDMENTS TO OFFICIAL LAND USE MAP (REZONES)
Procedure
Rezone Criteria
Authorized Uses and Development Standards
COMPLIANCE WITH REGULATIONS REQUIRED– EXCEPTIONS
EARLY PROJECT IMPLEMENTATION
Table A for 23.41.004: Thresholds for Design Review Zone Threshold 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 centers 12,000 square feet of nonresidential gross floor area
Use Threshold Nonresidential 50,000 square feet of gross floor area Residential 20 dwelling units
Use Threshold Nonresidential 20,000 square feet of gross floor area Residential 20 dwelling units
Representation Development Interests Design Professions General Community Interests Local Residential Interests Local Business Interests Number 7 7 7 7 (1/district) 7 (1/district) Selection Process 3 appointed by Mayor, 4 by Council 3 appointed by Mayor, 4 by Council 3 appointed by Mayor, 4 by Council, 1 pursuant to SMC 3.511 Nominated by community and business organizations, respectively; jointly appointed by Mayor and Council Confirmation Process Confirmed by Council Confirmed by Council Confirmed by Council Confirmed by Council
GENERAL USE PROVISIONS
RESIDENTIAL SMALL LOT
RESIDENTIAL, SINGLE-FAMILY
Principal Uses Permitted Outright
S.F. Zone Minimum Lot Area
Required S.F. 9600 9,600 sq. ft. S.F. 7200 7,200 sq. ft. S.F. 5000 5,000 sq. ft.
Lot Size Maximum Lot Coverage Less than 5,000 square feet (sq. ft.) 1,000 sq. ft. + 15% of lot area 5,000 sq. ft. or more 35% of lot area
Conditional Uses*
Accessory Uses
a. Maximum Gross Floor Area Attached 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. Entrances Only 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.
a. Minimum Lot Size 4,000 sq. ft. b. Minimum Lot Width 25 feet c. Minimum Lot Depth 70 feet2 d. Maximum Lot Coverage The provisions of Section 23.44.010 apply. e. Maximum Rear Yard Coverage A 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 Area 800 sq. ft. including garage and storage area but excluding areas below grade, measured as set forth in Section 23.86.007. g. Front Yard A detached accessory dwelling unit may not be located within the front yard required by subsection 23.44.014.A. h. Minimum Side Yard The provisions of subsection 23.44.014.C apply.7 i. Minimum Rear Yard A 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 Entry Entrances 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 Limits5 The 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 30 30 or greater up to 35 Above 35 up to 40 Above 40 up to 50 50 or greater6 (1) Maximum Structure Height (feet) 12 14 15 16 16 (2) Maximum Structure Height with Pitched Roof (feet) 15 21 22 22 23 (3) Maximum Structure Height with Shed or Butterfly Roof (feet); see Exhibit A for 23.44.041. 15 18 19 20 20 l. Minimum Separation from Principal Structure 5 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.